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2023-01-05
PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, January 05, 2023 at 6:00 PM MINUTES PRESENT Commissioner Patrick Grace Commissioner Andrew Seal Commissioner Maria Lorcher Commissioner Mandi Stoddard ABSENT Commissioner Nathan Wheeler Commissioner Steven Yearsley ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved 1. Approve Minutes of the December 15, 2022 Planning & Zoning Meeting 2. Findings of Fact, Conclusions of Law for KeyBank Meridian Branch (H-2022-0076) by HSB Architects + Engineers, located at 3513 W. Chinden Blvd. 3. Findings of Fact, Conclusions of Law for Guthries Drive-Through (H-2022-0081) by Nicolette Womack, Kimley-Horn, located at 1840 W. Chinden Blvd., near the northwest corner of N. Linder Rd. and W. Chinden Blvd. Motion made by Commissioner Stoddard, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Stoddard ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 4. Public Hearing for Dutch Bros Ustick and Eagle (H-2022-0077) by Andrew Bowman, Barghausen Consulting Engineers, Inc., located at the four (4) lots at the southwest corner of N. Eagle Rd. and E. Ustick Rd. intersection. CUP Approved, Recommend Approval to City Council, tentatively scheduled for February 14, 2023 A. Request: Conditional Use Permit for a new 1,154 square foot, dual drive- through Dutch Bros. coffee restaurant on approximately 1.2 acres of land in the C-G zoning district. B. Request: Development Agreement Modification to allow the requested drive-through use by updating the overall concept plan of the approved Development Agreement (Inst. #2019-121599). Motion made by Commissioner Grace, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Stoddard 5. Public Hearing for Sagarra (H-2022-0027) by Accomplice, located at south side of W. Orchard Park Dr., west of N. Fox Run Way and east of N. Linder Rd. Recommended Approval to City Council, tentatively scheduled for February 14, 2023 A. Request: Preliminary Plat consisting of 114 building lots and 16 common lots (including 3 private street lots) on 17.49 acres in the R-8 and C-C zoning districts B. Request: Planned Unit Development for a residential community containing a mix of single-family detached, single-family attached, townhome and multi-family units with a reduction to the setback requirements in UDC Table 11-2A-6.Alternative Compliance to UDC 11-4-3-27B.3, which requires the provision of 80 square foot private usable open space area for each multi- family unit to allow zero (0) for studio/flat units and two private streets. Motion made by Commissioner Lorcher, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Stoddard Voting Abstaining: Commissioner Grace 6. Public Hearing for TM Creek Apartments Phase 4 (H-2022-0080) by Brighton Development, Inc., generally located South of Franklin Rd. approximately 1/2 mile between Ten Mile Rd. and Linder Rd. Approved A. Request: Conditional Use Permit for a multi-family development consisting of 64 urban-style multi-family units with a clubhouse and pool on 2.361 acres of land in the C-G zoning district. Motion made by Commissioner Grace, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Stoddard ADJOURNMENT 7:17 P.M. Meridian Planning and Zoning Meeting January 5, 2023. Meeting of the Meridian Planning and Zoning Commission of January 5, 2023, was called to order at 6:03 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher, Commissioner Patrick Grace, and Commissioner Mandi Stoddard. Members Absent: Commissioner Steven Yearsley and Commissioner Nate Wheeler. Others Present: Joy Hall, Kurt Starman, Bill Parsons and Dean Willis. ROLL-CALL ATTENDANCE X Nate Wheeler X Maria Lorcher _X Mandi Stoddard (Vacant) Steven Yearsley X Patrick Grace X Andrew Seal - Chairman Seal: Good evening. Welcome to the Planning and Zoning Commission meeting for January 5th, 2023. At this time I would like to call the meeting to order. The Commissioners who are present for this evening's meeting are at City Hall and on Zoom. We also have staff from the city attorney and clerk's offices, as well as City Planning Department -- Department. If you are joining us on Zoom this evening we can see that you are here. You may observe the meeting. However, your ability to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please know that we cannot take questions until the public testimony portion. If you have a process question during the meeting please e-mail cityclerk@meridiancity.org. They will reply as quickly as possible. With that we will begin with roll call. Madam Clerk. ADOPTION OF AGENDA Seal: Thank you very much. So, the first item on the agenda is the adoption of the agenda. We have no modifications, so can I get a motion to adopt -- adopt the agenda as presented? Lorcher: So moved. Stoddard: Second. Seal: It's been moved and seconded to adopt the agenda. All in favor, please, say aye. None opposed. Motion carries. Meridian Planning&Zoning Commission January 5,2023 Page 2 of 25 MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the December 15, 2022 Planning &Zoning Meeting 2. Findings of Fact, Conclusions of Law for KeyBank Meridian Branch (H-2022-0076) by HSB Architects + Engineers, located at 3513 W. Chinden Blvd. 3. Findings of Fact, Conclusions of Law for Guthries Drive-Through (H- 2022-0081) by Nicolette Womack, Kimley-Horn, located at 1840 W. Chinden Blvd., near the northwest corner of N. Linder Rd. and W. Chinden Blvd. Seal: Next item on the -- on the -- is the Consent Agenda and we have three items on the Consent Agenda. The first is to approve the minutes of the December 15th, 2022, Planning and Zoning Commission meeting. We also have Findings of Fact, Conclusions of Law for File No. H-2022-0076, KeyBank Meridian Branch and File No. H-2022-0081 for Guthries Drive Through. Can I get a motion to accept the Consent Agenda as presented? Stoddard: So moved. Lorcher: Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor say aye. No opposed. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: All right. At this time I would like to briefly explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how each item adheres to the Comprehensive Plan and Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. After -- after the applicant is finished we will open the floor to public testimony. Each person will be called on only once during the public testimony portion. The Clerk will call the names individually of those who have signed up on our website in advance to testify. You will, then, be unmuted in Zoom or you can come to the microphones in Chambers. Please state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting it will be displayed on the screen and your clerk will — the clerk will run the presentation or you can run it by yourself. If you have established that you are speaking on behalf of Meridian Planning&Zoning Commission January 5,2023 Page 3 of 25 a larger group, like an HOA, where others from that group will allow you to speak on their behalf, you will have up to ten minutes. After all those who have signed in -- up in advance have spoken we will invite any others who may wish to testify. If you wish to speak on the topic you may come forward in Chambers and -- or if on Zoom press the raise hand button in the Zoom app. If you are listening on a phone, please, press star nine and wait for your name to be called. If you are listening on multiple devices, such as a computer and a phone, please, be sure to mute those extra devices so we do not experience feedback and we can hear you clearly. When you are finished if the Commission does not have questions for you you will return to your seat in Chambers or be muted on Zoom and no longer have the ability to speak. And, please, remember we will not call on you a second time. After all testimony has been heard the applicant will be given another ten minutes to come back and respond. When the applicant is finished responding to questions and concerns we will close the public hearing and the Commissioners will have the opportunity to discuss and -- to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 4. Public Hearing for Dutch Bros Ustick and Eagle (H-2022-0077) by Andrew Bowman, Barghausen Consulting Engineers, Inc., located at the four (4) lots at the southwest corner of N. Eagle Rd. and E. Ustick Rd. intersection. A. Request: Conditional Use Permit for a new 1,154 square foot, dual drive-through Dutch Bros. coffee restaurant on approximately 1 .2 acres of land in the C-G zoning district. B. Request: Development Agreement Modification to allow the requested drive-through use by updating the overall concept plan of the approved Development Agreement (Inst. #2019-121599). Seal: At this time I would like to continue File No. H-2022-0077 for Dutch Bros Ustick and Eagle and we will begin with the staff report. Parsons: Thank you, Mr. Chair, Members of the Commission. Happy New Year to all of you. Glad to be back here. Excited about all the community members in attendance tonight as well. It looks like it's going to be a pretty quiet evening tonight, so -- you get stuck with me tonight. I'm covering both Sonya and Stacy's projects, as they are out enjoying a vacation and just getting a much needed evening for Sonya, so she can -- she was at City Council and it was a long hearing, so I told her I would take Sagarra Canyon for her as well. So, first item on your agenda — this was continued from the December 15th hearing because of a noticing issue and so it's -- it's back before you. That discrepancy has been corrected and so the applications before you this evening is a conditional use permit and a development agreement modification. As you all know, the development-- because there is an associated development agreement modification with this conditional use permit, you are a recommending body on the conditional use permit Meridian Planning&Zoning Commission January 5,2023 Page 4 of 25 tonight. So, you will be making a recommendation to Council to accompany that DA modification. So, this application is contingent upon DA--excuse me -- Council approving the development agreement modification. The site consists of 1.2 acres of land, currently zoned C-G in the city and it's located at the southwest corner of North Eagle Road and East Ustick Road. Let you know the applicant was in front of Council a year -- about six months ago on a DA modification and that one was denied and so that's what's predicated this new DA mod and, then, also this conditional use permit. That was one of the recommendations from City Council is they had a hard time justifying approving a concept plan with a drive-through on it without having the associated CUP to go along with it to see if it actually works on the site and that's why you see both of them concurrent tonight. I -- I think the Commission is very familiar with this corner as well. There has been quite a few development applications on it recently. So, the applicant is here tonight to talk about a restaurant with an associated drive through. So, it's a Dutch Bros, which is that coffee kiosk there. It's 1,100 square feet. You can see here it's -- it's right -- right at the intersection of the roadway here. Access is provided from a private street that is currently constructed. Cross-access was also provided to the property to the south. Currently this is the only access -- well, except for the access out to Eagle that is provided from the public street, this is the access -- the primary access into this development. As you know there are specific use standards that go along with drive-through uses. Staff has analyzed those in conformance with the submitted application. We find that the site does conform to the drive-through standards as stated in the UDC. I know some of the concerns that we hear with drive-throughs is where those escape lanes fall and in this particular case, because this drive-through is over a hundred feet they are required to provide that escape lane, but if you notice here the escape lane is really at the same point as you exit out of the drive-through. Now, the code doesn't speak to where that escape lane should land, so in -- in our recommended — or as part of our recommendation we have analyzed it, we feel like it could still function and we still have recommended approval of this application. So, the applicant did provide a landscape plan associated with this development. During our pre-application meetings with the applicant we wanted to make sure, because this is a prominent corner, that if we did have a drive-through with a substantial amount of asphalt we wanted to make sure that additional landscaping or berming was done along the street to -- to minimize the impacts of car stacking as they waited to -- to get their coffee order. So, the plan here -- you can see there is some additional landscaping that is showing. We have also conditioned the applicant to provide an additional screening and landscaping as well as part of what you see here in this landscape plan. So, they need to do a little bit more and staff will look at that with the certificate of zoning compliance and the design review application. That will follow after the proceedings tonight -- or after City Council acts on the application. So, here are the proposed elevations. Again, these will be required to comply with the city's design standards. Pretty typical elevations to the -- their new prototype. If you have had a chance to go by the Costco site you probably see the same -- same model or the same building elevations up there as well. So, I had a chance to look at the public record before the hearing tonight, did not see any written testimony on the subject application. Again, staff is recommending approval with the conditions in the staff report and with that I will stand for any questions you may have. Meridian Planning&Zoning Commission January 5,2023 Page 5 of 25 Seal: Okay. Thank you, Bill. At this time would the applicant like to come forward? Good evening, Sir. Please state your name and address for the record and the floor is all yours. Wecker: Yes. Nick Wecker. Senior planner with Barghausen Consulting Engineers. We are the civil engineering consultant for Dutch Bros and address 18215 72nd Avenue South, Kent, Washington. And, like I said, we are -- I'm -- I'm here as a senior planner with Barghausen representing Dutch Bros this evening and this application -- to walk you through our proposal and the changes that have been made since -- in the last six months since the last hearing. And so like— like Bill outlined, this is the corner that we are looking at, Ustick and Eagle Road. Previously the proposal that was denied was -- one of the concerns from the Commission was that there was going to be three drive-throughs on the site. We have eliminated one of those drive-throughs at the northwest corner. That's just going to be a standalone multi-tenant retail building, 4,700 square feet, no drive- through proposed. Of course the Jamba Juice was approved previously, that drive- through, and that--that's been constructed, as well as the American Family Care Building D at the southeast corner. That's been constructed as well. And so part of our proposal here tonight is to seek approval for a conditional use permit in addition to the DA modification for allowing an additional drive-through at the northeast corner, which would be an 1,100 square foot Dutch Bros coffee. We would have a 500 square -- or 500 linear feet of queuing through two drive-through lanes. Be similar model to what we see today at Ten Mile and Chinden, the -- the Costco location, which is their new prototype in comparison to like the Linder location, some of the other ones that have the drive through -- one on each side of the building. This would have one — one — one single window and two lanes. It allows for additional queuing. It also allows for more efficient operations for the runner, which is the employee that works outside the Dutch Bros building and will actually go from vehicle to vehicle with a handheld device to take orders from each customer. That places the order in the kitchen and, then, that allows the order to be made quicker so that cars are going in and out of the queue faster. So, as a result of that it minimizes the amount of queuing that is -- that is needed and minimizes the potential for spillover and so that's kind of what the new -- that's the new prototype, that's the purpose of it and that's the similar model that we are proposing here as well. It will still have the runner system where there is three or four employees outside taking orders from each customer as they enter the lane. We also have 14 dedicated parking spaces in front of the Dutch Bros for employees and customer walk-ups, because there is actually -- there is a walk-up window on the north side of the building with a patio space that will have some seating and a walk-up pedestrian walkway from Ustick. Here is the original concept site plan for the development agreement prepared by Kimley Horn originally. It was a -- this is the other — second half of the property to the south that shows a regional commercial center. Recently, understanding that there is an apartment that was approved at this location, which will substantially reduce the -- the traffic considerations for this corner, I think by approximately half is what the traffic consultant estimates as a result of replacing the previously proposed regional commercial center. So, including that in here as well as -- that's kind of the second half of the master development that's going on here at this corner. And, then, this shows the original concept development agreement for our northwest corner that shows the pads. Of course, like I mentioned, Pad 4 and Pad 3 is -- is constructed. Pad 1 and Pad 2 is what's being proposed for -- for modification Meridian Planning&Zoning Commission January 5,2023 Page 6 of 25 tonight. Pad 2 would become Dutch Bros. Pad 1 would be the 4,700 square foot multi- tenant retail with -- with no drive-through. Our detailed site plan here -- this -- this site plan here shows the patio space a little bit more clearly and more detailed than -- than the first rendering in here. It shows a fairly large patio space that's going to be oriented to the street corner. It will be setback a little ways, but it will also have access to the right of way and a short screen wall or hedge that, like Bill said, we will work with staff to design those details and that's also the side where the customer walk-up window is. So, the customers — or -- or pedestrians will be able to enter that walk-up area without having to cross the drive-through lanes if they are coming from the -- from the right of way. This site plan also shows 26 vehicles within the -- within the queue. Here is a comparison exhibit with the other locations in Meridian. We understand there was concern previously with how Dutch Bros is going to handle potential spillover kind in relation to what these sites have -- have experienced over the years. Some of these sites are much tighter in terms of their -- their queuing lanes that are provided. A lot of these examples are -- also show queuing right off of a -- the right of way, too, and so this exhibit here is meant to show kind of a visual comparison of the length of queuing that's provided at these existing locations under the older model where there is one drive through on each side of the building. So, we have the Overland location that had 155 -- or has 155 linear feet of queuing, as compared to over 500 feet for the proposed new Dutch Bros that we are reviewing tonight. The Fairview location 138 feet and Linder 218. You can also see the driveways and proximity to the queuing entrances for these sites that has -- has, you know, created concern and -- and -- and spillover and so our site plan that we are presenting today is -- is -- purpose is to show that that's going to be alleviated and not -- not a concern. And here is our location. But, like I said, we are at 524 feet -- 524 linear feet of queuing, which is multiple of anywhere from two to five times what is existing at -- at some of the older prototype locations in Meridian. It's also the queuing entrance as well off of the primary driveway to the center. Yeah. Thanks for showing that, Bill. Over to the -- to the west. And so even if there are spillover it's not onto the right of way. Also, like I said, there is going to be 26 cars that could fit in this queue. That's the next closest -- other than Chinden and Ten Mile, the next closest for the existing locations is 11. So, we are going from 11 to 26 in this new model, which is also similar to the -- to the Ten Mile and Chinden location, which we have not observed any -- any queuing -- major queuing impacts there. I should also mention the escape lane as well. We will have an escape lane that's striped on here. That also allows customers to exit before they even get to the window. So, when the employee takes and -- takes the order from vehicles, sometimes the car that's third in line might only have one drink and the cars in front might have like four or five drinks to be ordered in the kitchen and so it's a lot quicker to get that third car—fourth car in line their drink order. That vehicle would be able to exit the escape lane without having to wait for the window. So, that's just another example of how Dutch Bros is able to get cars in and out at a faster rate. Their goal is 30 to 45 seconds, no longer, for a vehicle to sit at that window and they are able to minimize the amount of cars in the queue because cars behind are able to exit via the escape lane without having to go to the window. So, not every customer has to go -- has to get to the window to receive their order. That same model is used at Ten Mile and Chinden as well. And is there any questions? Meridian Planning&Zoning Commission January 5,2023 Page 7 of 25 Seal: Any questions for the applicant? Go right ahead. Grace: Mr. Chairman. Nick, so the -- for the folks that park and want to walk up or use the patio, will they be crossing the -- the -- the vehicle lanes? Wecker: Yes. The people that park and want to go to the walk-up window -- we have two striped walkways that they can utilize. The primary one is going to be, you know, the one highlighted there. That's more direct to the patio space and, then, they will be able to access the walk-up window that way and, then, there is a large awning over that -- that walk-up window as well to delineate that -- that space. Grace: And that's probably not much different than some of the existing locations in Meridian? Wecker: In -- in Meridian? Grace: Yeah. Wecker: I'm trying -- it's -- no, it's not -- it's not much different. I -- it's -- this building is more oriented to the right-of-way than -- than some locations. But the older locations have the drive-through lane on each side of the building, so you are going to cross the lane either -- regardless of where the parking is located, just because you have drive aisles on each side. Grace: Okay. Thank you. Seal: Any other questions for the applicant or staff? No? Madam Clerk, do we have anybody signed up to testify? Hall: No, we do not. Seal: Just do a quick — is there anybody online that would like to testify? Please raise your hand. Or if you are in Chambers you can raise your hand and come up. Seeing that we have none -- is there -- if there is anything else you would like to add, otherwise, we will probably close the public testimony portion of it and move on here. Wecker: No. Nothing more to add. Thank you for your time and consideration. Seal: All right. Thank you very much. Appreciate it. With that can I get a motion to close the public hearing for File No. H-2022-0077? Stoddard: So moved. Grace: Second. Meridian Planning&Zoning Commission January 5,2023 Page 8 of 25 Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0077. All in favor, please, say aye. Any opposed? Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: Okay. Who would like to go first? I will -- I will throw in the only two cents that have is hopefully put in a bike rack. That's only because I ride by there and I love to park my bike there, so — Lorcher: Mr. Chair? Seal: Go right ahead. Lorcher: Dutch Bros continues to, you know, build out in our community and it seems like they continue to improve on their design. Having two lanes simultaneously, as opposed to one on either side, they have probably done their homework to see that that could be a better fit for their customers and I like the fact that they have really doubled or even tripled the lanes that they have had with some of their other locations. Seal: Agree. Anybody else? Stoddard: I agree with — I was just saying I agree. I think it works pretty smooth flowing, which is nice. Seal: Yeah. Okay. Grace: A motion or -- Seal: I will -- I will take a motion at any time. Grace: Mr. Chairman, after considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of File No. H-2022-0077 as presented in the staff report for the hearing date of January 5th, 2023. Stoddard: Second. Seal: It's been moved and seconded to approve Item No. H-2022-0077 with no modifications. All in favor, please, say aye. No opposed. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. 5. Public Hearing for Sagarra (H-2022-0027) by Accomplice, located at south side of W. Orchard Park Dr., west of N. Fox Run Way and east of N. Linder Rd. Meridian Planning&Zoning Commission January 5,2023 Page 9 of 25 A. Request: Preliminary Plat consisting of 114 building lots and 16 common lots (including 3 private street lots) on 17.49 acres in the R- 8 and C-C zoning districts B. Request: Planned Unit Development for a residential community containing a mix of single-family detached, single-family attached, townhome and multi-family units with a reduction to the setback requirements in UDC Table 11-2A-6.Alternative Compliance to UDC 11-4-3-27B.3, which requires the provision of 80 square foot private usable open space area for each multifamily unit to allow zero (0) for studio/flat units and two private streets. Seal: And with that we will continue Item No. H-2022-0027 for Sagarra and we will begin with the staff report. Parsons: Thank you, Mr. Chair, Members of the Commission. Next item is also a continued item from the December 1 st Planning and Zoning Commission. I won't go into all of the details of this project, because, again, it's -- it has been continued. If you recall I think two of the major sticking points for the Commission was regarding qualified open space and park -- and parking were the two items I recall that came up quite a bit at that hearing and so you had instructed the applicant to go back to the drawing board and meet with staff and come back with resolution to do those two items. So, I'm happy to report that -- that those have been -- those items have been resolved and the applicant's open space and parking standards do comply with UDC standards, so there are no exceptions being requested to the parking standards or the open space as originally thought in the initial staff report. I would also mention to you that Sonya updated this staff report to reflect that as well. So, everything should be in line for tonight's proceedings. If you would like I'm -- I'm happy to go to the open space exhibit, so you can look at that revised exhibit here real quick. See if I can read it here. I believe that was the open space exhibit. This was explaining when it's coming online and what was counted. It's hard to see at -- at this scale, but looking at Sonya's notes here it looks like there is actually 3.43 acres of qualified open space. I would also mention to the Commission that one of the items that we brought up during the previous staff report was that linear open space along the south and east boundary. Happy to report that the irrigation district has given the applicant their approval to amend their license agreement and actually install the landscaping and required trees per city code. So, that does allow the applicant to go in there and basically enhance that and make -- integrate that better with -- with the development, without having to lose land area and still provide that landscaping that the city code requires and that's -- I think that's probably the -- what really got us over the hurdle was just understanding how that was going to work and whether or not the irrigation district would -- would allow the plantings. And, then, I know we had talked about this and this was discussed at the last hearing was parking and particularly parking — on-street parking, particularly in the S curve areas and I'm sure — the applicant has stated — looking at the parking calcs, based on the revisions it looks like they are still 16 spaces in excess of what code requires and, then, this exhibit shows 122 on-street parking spaces. But, again, if this body wants the applicant to not allow parking on some of those S curve Meridian Planning&Zoning Commission January 5,2023 Page 10 of 25 areas, I'm sure that number would go down. But, again, they are in excess of UDC standards and, really, the on-street parking is the bonus here. It's just in addition to what the code requires. I had a chance to look at the public record. Didn't really see any new testimony or anything to add that wasn't already discussed at the last hearing. Again, concerns with density and just development in general. I do recall at the last hearing, too, that some of the neighbors had concerns about the fencing that was damaged during the tiling of the ditch along the south and east boundary. I know we had preliminary discussions with the applicant. I don't think we have come to a resolution on that. So, if that's something the body wants to have a discussion with the applicant on I would -- I would recommend that you do that this evening as well. Again, staff is— is recommending approval and I will stand for any additional questions you may have. Seal: Great. Thank you very much. Would the applicant like to come forward? Good evening. Tseng: Good evening, Commissioners. Tony Tseng. 6518 North Fairborn. Sorry. North Fairburn Avenue, Meridian, Idaho. As Bill noted -- I just want to note that he's covered most of the things. So I will make the presentation pretty quick and simple. We have been working really closely with the neighborhoods and some of the neighborhood representatives. So, to address parking first, we have met with -- I met with Sally and she's a -- she's not the official representative, but I think she's kind of leading the charge and a lot of the neighbors kind of listen to what she's saying. So, we have been working together on solutions about the fence. I think the fence is a big issue for them. We have had — Sally and I have come up with a couple of possible solutions of how we should fix that fence. Us, as the developers, are committed to participating and paying for half, if not more of the fence and her and I are working together to do a survey of everybody on Bacall and to figure out what certain people want. Certain people's fences are fine. Certain people's aren't. So, she's going -- she's come up with some great ideas of what we need -- we can and need to do to get the fencing issue solved. So, we are -- I'm actively working with her and she's been actually really pleasant to work with and so that's part of the process right now. So, I will -- I will make this pretty quick. I think Bill has addressed most of the issues. So, what I did was highlight some of the issues that was spoken of and kind of made the —so, this is --what I first put up is just the—the addendum to the license agreement with the Northern Slough, allowing us to go ahead and use that and plant the trees, columnar oaks, so they -- they have already signed and -- and -- and recorded this document. So, we have the right to -- my -- the new landscaping plan will show the columnar oaks being planted and there -- and they have approved that type of tree. It's a more non-invasive root system and they are -- they are okay with that type of landscaping. The next thing is the open space. As Bill has -- and I will breeze through this, since Bill has kind of explained it. A lot of the issues that -- with open space was doing the right calculations and if you look at the calculations we have -- and the next page is going to take a while, though. It's kind of a big file. But what I did was I highlighted each section and each phase will stand alone and qualify with it above the 15 percent open space. Together we are above 20 and one thing I want to point out that is in some of the exhibits are -- there is a two acre park that's directly adjacent to the — the development that we are not counting. It -- it's across the street. It's part of the overall Meridian Planning&Zoning Commission January 5,2023 Page 11 of 25 Orchard Park development that we plan on improving. The original idea from the neighbors was a dog park and, then, some neighbors decided they didn't like a dog park. So, Sally and I just discussed it that we would do a survey of the neighbors and see what they want. I mean I prefer a dog park, but if the neighbors don't want a dog park we will do a regular park. But that's the second thing that I'm working with Sally about is how we approach that park itself. It's two acres. We have control of it. It's not part of the Sagarra development, but it's part of the Orchard Park development, which we are all involved in and so we are working directly with the neighborhood to make sure that whatever gets put in there is something that everyone enjoys. Let's see if this will load now. Still not loading. But-- and also there is a couple of parcels there that--there is this extra remnant parcel that we originally included in our open space that we are no longer including in our calculations. We don't need it. So, without all the -- all the staff recommendations we are still about 20 -- a little over 20 percent I believe and if you -- of course, if you add the park we are well in excess of probably 30 some percent. And the parking -- we just clarified the parking. I recolor-coded it. It's in your packet. To show each parking requirement for each building type and, then, you will see what's required and what we are providing and I think we are about 16 spaces in excess of what we are required. I can stand for any questions. Seal: Thank you. I will start off. First question was just in the -- the S curve, still looks like that -- that's going to be allowed parking? Tseng: Yeah. And so that's not in our control. That's an ACHD decision. Seal: Still ACHD. Tseng: Yeah. And I -- I have actually actively reached out to ACHD. General counsel is named Steve Price. I'm trying to set up a meeting with them. We want to do -- we have excess parking and if the neighbors don't want it, we don't need it, I can see not having parking there being beneficial to everyone. So, we are happy to work with the neighbors, work with ACHD. If they want to put up no parking signs we are happy to work with them. So, we are happy — so, I have -- I have already reached out to Steve and -- to try to set up a meeting and talk about putting up no parking and making it a no parking section. Seal: Okay. And, then, question on the fencing. Generally speaking when you are going to have common area that's open to anybody, pathways and things like that, generally speaking you put in visibility fence. Is that something that you and Sally have discussed? Tseng: Yeah. So, the fence is actually on the Paramount property. So, I think it's subject to their HOA standards. Seal: Okay. Tseng: And so that was a big issue, because their HOA allows for nonvisibility fencing. Our fencing on our south side of our property will be visibility fencing. So, we are going to work with their HOA and, you know, I think most of the neighbors -- we have talked to Meridian Planning&Zoning Commission January 5,2023 Page 12 of 25 a lot of neighbors -- prefer privacy fencing. They want as much privacy as possible, so the backyards aren't staring at each other. So, I think we might be subject to what the HOA requires on the -- on their fence, because it's going to be still on their property. It's either fixing the — the deal with Sally that we had was if we are not going to replace the fence we will at least fix them. Seal: Okay. Tseng: Put new posts in, straighten them up, and that -- and we as -- we selfishly want our side of the fence to look nice. They are going to be new homes. So, we at the very least want to paint or resurface the fences. Seal: Okay. Tseng: Of course with their permission, because it's still their fence. Seal: Right. And, Bill, is there any -- I guess if this were new build and it was along that pathway it would be visibility fencing. So, just from a staff perspective can you give any guidance on what they may want to consider, you know, long-term, short-term? Parsons: Mr. Chair, Members of the Commission, it really comes down to -- it's an existing fence. If you do repairs they can stay. We are not going to make them tear down the entire fence and put up open vision fence. But as you mentioned, if someone was to want -- or to want to replace the fence or they were to tear it all down, then, yes, we would be having a different conversation, because code -- or we would be going through an alternative compliance process to allow it to remain as is. Certainly the city doesn't want to get involved between HOA and CC&Rs. We will -- we will let that stand. But just the fact that the applicant is willing to repair those sections I think there -- there is really is no violation there. It's an existing fence that has been their part -- that predates this development. So, I don't really see that being an issue at this point. Seal: Great. Okay. Thank you for that. Appreciate it. Anybody else want to jump in? I thought I saw people grabbing for microphones here, so — Sang: Thank you. Seal: I was going to say, we -- we can make this kind of quick here. I don't know if there is -- anybody in Chambers wants to testify and raise your hand. No? Anybody online? I see Sally's on there. If you want to testify just raise your hand. Hall: There is someone online and she signed up. It is Sally Reynolds. You are now allowed to speak. Sally Reynolds? Go ahead and unmute yourself, please. Sally, are you there? Seal: Not seeing her little microphone icon in there, so — Meridian Planning&Zoning Commission January 5,2023 Page 13 of 25 Hall: She's -- hit the allowed to talk. Reynolds: Okay. Can you hear me now? Seal: Yes, we can hear you. Reynolds: Awesome. Thank you so much. I apologize. This is my first time doing it on Zoom. I wanted to save you guys from my cold germs and not come into Chambers. So, I will be testifying from home tonight. But good evening, Commissioners. My name is Sally Reynolds. 1166 West Bacall Street in Meridian, Idaho, and, yeah, I would just like to start -- start off and say I really appreciate the open dialogue that we have had with this developer. It's been great to meet with Tony. I, for one, am super excited about getting this area developed. It's going to mean a whole lot less dust in my house and as a dog owner I welcome a dog park in north Meridian. I think it's a great amenity to have near a multi-family site. The revised parking exhibit looks good to me and we appreciate their willingness to work with ACHD on the no parking -- especially just the curvature. Mainly Arliss, Bergman, and Director, those direct roads that feed into it. And -- and, yeah, really excited that there are trees being able to be planted on the irrigation that will provide a lot of privacy for all the residents who are there and so we are -- we are -- I'm -- I'm -- I'm -- I shouldn't say we are -- I'm not speaking on behalf of anyone. I'm pleased with those developments. And, you know, Tony and I get along great and I just want to preface that. But we do have one difference of opinion and so I do still maintain that this application is more consistent with an MHDR designation than the MDR designation and I do believe that the use of the planned development in the city's code was not intended for this purpose. It was intended to allow for greater creativity, not to cram more units onto a plat. So, while the neighborhood may have some decent exterior elevations and they have done a really nice job of making it look great, the amount of units and zero setback lines will really detract from the overall aesthetic especially in areas where you have three story buildings butted right up against the road easement and you can get a feel of how crowded that will look from their submitted concept elevation and I had submitted that to city clerk, but it's all right if they can't pull it up. But that concept elevation shows a two story when, in actuality, all along Orchard Park it will be three story. So, the application takes the R-8 designation and really pushes it to its limit. The gross density is 8.35, but the net density is over 16 units per acre. So, we are kind of talking R-15 there. Now, as a side note, I was on the city's open space committee for over a year and we worked with city developers -- or developers to rewrite city code on open space and I get it's difficult to legislate minimum requirements while still allowing for flexibility. So, that's why we have variances and alternative compliance and PUDs; right? Because land is different. Every plot is different. But this is not the intent of the PUD. I mean what good is the city code when these items can be used for loopholes? So, per the development agreement this area should be at minimum R-6, which is around a hundred units and -- and that's what the two preliminary plots had shown, somewhere between 96 and 110. So, 146 is 50 percent more and I believe that if the reduced number of units were on there, the open space requirements could have been met without that irrigation, you know, spot being needed and need to have the setback requirements. So, if you do -- if they go for approval to City Council, if you are recommending that, the only two conditions we would ask was Meridian Planning&Zoning Commission January 5,2023 Page 14 of 25 the fence, which, as Tony said, we have already kind of worked on that, but to just put it on the record. And, then, also lighting on the easement, which Tony and I have also discussed that and they said they are willing to do that. But to put that on the record as well that would be great. And I will stand for any questions. Seal: I'm sorry, what was the second one that you said there? I didn't quite hear that. Reynolds: Oh, that's fine. The lighting -- some lighting on the easement that's between Paramount and the -- the back of their subdivision. It's about 35 feet wide and there is going to be a walkway. It's kind of a long corridor and so little bit concerned that that could become a corridor for criminal activity. So, some sort of lighting back there and, again, it's just like the fence and just like the dog park, not everybody is going to agree on everything; right? Like we don't know if it's low lights or high lights, but just something back there that would reduce the opportunity for criminal activity would be very welcome. Seal: Okay. Thank you very much. Anybody have any questions? Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: The original day that this was presented on December 1st I was absent that day, but I did read all the testimony. So, I feel like I am mostly up to speed on it. But did have a question for the applicant in regard to the fencing and the drainage ditch. Seal: Okay. We will bring them back up here in a minute, but -- unless there is anybody else that wants to testify? Nobody else is online. Nobody else in Chambers. So, if the applicant would like to come back up. Lorcher: Tony, you mentioned that there is a drainage ditch that was tiled and is that on your property or is that on Paramount's property? Tseng: That is on our property. Lorcher: And so were you as a developer responsible for tiling it in? Tseng: Yes. It was not part of the Sagarra development, it was part of the overall Orchard Park development that we tiled it previously. Lorcher: Okay. And so was Paramount suggesting that because of the tiling that's how the fence got damaged and they feel like it should be your responsibility to fix? Is that how the conversation started? Tseng: I think that's how the conversation started. And, regardless, we were okay with -- we want it fixed, you know, just from our development's view to their -- to the back fence. I have been out there and the—the fence is 20 years old. I think Sally can probably Meridian Planning&Zoning Commission January 5,2023 Page 15 of 25 correct me. But anywhere from 15 to 20 years old. So, the fence is getting a little old. It's looking a little tired. Lorcher: Is it vinyl or cedar? Tseng: It's wood. It's -- I think it's cedar. Lorcher: Okay. All right. That's all I wanted to clarify. Thank you. Seal: And if you want to address any of the other items that Sally brought up or -- you know, anything along those lines. Tseng: Sure. If you look at-- Bill, do you still have that exhibit if it-- if it loaded completely, because I have an exhibit for those zero lot lines and the zero lot lines isn't so we can cram a bunch of buildings right on the lot line. You know, I have an exhibit where it shows the points where we actually go to zero lot line -- here we go. Is this yours or is this -- do you have the zero lot line exhibit that we submitted? Because if not it's on the back of mine. Yeah. And -- and, yes, there are zero lot lines, but it's not -- the intent wasn't to push everything to the edge and once -- once you see that exhibit it's for articulating the buildings, create a little more -- just so they are not straight buildings. They -- they articulate. So, the corners of the buildings have zero lot lines and there is probably, give or take -- and once we pull up the graphic— seven to ten points, where the lot lines -- and it's right here. The last exhibit here. I think it's still trying to load. It's a big file. Yeah. So, you can see the little red marks and that's where the -- the -- the zero lot lines exist. And so just to clarify, it's not to create a zero lot line everywhere so we can cram the buildings into the edge, it's -- you can see how the buildings are articulated and we hate to lose the design function because of these points, but if we really have to -- like I guess we can go redesign it and straighten the buildings out a little bit more. We just thought it was a good architectural feature to make it so that it doesn't look like rows and rows of buildings. Seal: Anybody else have questions of the applicant? No? Thank you very much. Can I get a motion to close the public hearing for Item No. H-2022-0027? Lorcher: So moved. Stoddard: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0027. All in favor, please, say aye. No opposed. So, motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: Who would like to go first? Meridian Planning&Zoning Commission January 5,2023 Page 16 of 25 Grace: Mr. Chairman, I just wanted to put on the record on December 1st I recused myself from this matter. Seal: Okay. Grace: I — I am a member of -- I live in Paramount and I'm a member of the HOA, so, I'm going to stay consistent with that and recuse myself this time around, too. Seal: Okay. Appreciate that. Thank you, sir. So, it's just the three amigos. Lorcher: Mr. Chair? Seal: Go ahead. Lorcher: After reading all the testimony and -- and going through the presentation from the December 1st meeting I feel like -- except for the questions that I asked today, I'm pretty good understanding of what's kind of happening here and that this was always intended for-- to be a mixed-use area at this particular junction. I think the developer has worked very hard and being very accommodating to -- not only to the area, but to their neighbors to make sure that as many people can be happy with it as they can. There is always going to be somebody who is going to complain and adding more houses to any of the subdivisions there is always going to be a complaint. But we are still in a growth community and these types of products are things that people are looking for to live in these areas. So, I support their design. Seal: And I'm -- it's good to see something that was fairly hotly contested come back in and have, you know, good -- good support from the community and good input from the community as well. So, that's very nice to see. I'm glad that the -- the pathway worked out and you were able to put in what needed to be put in there. So, sometimes that's a pretty tough sell. But all looks pretty good. I mean, hopefully, something can be done with ACHD to eliminate parking on at least half of that S curve. Appreciate your working with ACHD and approaching them proactively. That's going to make things a little bit easier as -- as things go forward, so -- and it -- I mean it will just make it safer. I mean it's only going to take, you know, one person kind of trying to race car through there to make really bad days for others for sure, so -- but, yeah, I like the pathway. The lighting is I think probably a really good element to this, so -- especially if the fences are going to be built where they are not privacy fences it would be good to have some extra light shining back in there to make sure that's, you know, a safe place for people to -- to walk through -- walk through, bike through. That's about all I have. Stoddard: No. I agree with all that. I also like the purpose of the zero lot line. I like the idea of, you know, having the buildings not just a solid line. I think it's great and I like the design as well. Seal: Real quick. I do have a question for Bill and -- I mean, essentially, when it comes to the -- some of the things have been mentioned, the lighting, essentially working on the Meridian Planning&Zoning Commission January 5,2023 Page 17 of 25 fence or repairing the fence, replacing the some of the fence and this -- you know, they are over 16 spaces on parking. They are going to talk to ACHD. Is that something we can condition? I don't want to -- just want to make sure that we are putting that in the public record, but not in such a way that we are telling them you have to eliminate 16 parking spots. You have -- you know, I don't want anything along those lines. But I do want something in the public record about that. Parsons: Sure. Mr. -- Mr. Chair, Members of the Commission, certainly you can condition the project and simply staff can just say as proposed by the applicant, because, again, that's what they agreed to do. They agreed to lighting. They agreed to working with the HOA. And they agreed working with ACHD. So, in your motion that -- in your recommendation if you state that you are adding those three conditions as proposed by the applicant, then, when we add it to a condition of approval we will say work with ACHD on no parking signs along whatever streets those are -- those curved areas as proposed. And, then, if allowed or something to that effect. So, if ACHD says no, then, obviously, they can't meet that condition. But as long as it's may or shall -- not thou --that thou shall, but maybe leave it open to work with the HOA on fence repairs or those types of things, I think that gives them some flexibility and it's not so rigid in case things don't work out. Seal: Okay. Appreciate that. Starman: Mr. Chairman, I agree with all that one hundred percent and just to add one more layer of information. I think with — and, Bill, if you disagree definitely correct me, but I think -- I agree with everything Bill just said. I think with respect to the lighting and the open space area you could condition that as a requirement, not as a — that you will use good faith. I think that one you can make a requirement. The other two, the parking issue, that's really within ACHD's purview. So, the best we can say is you are directed to go work with ACHD, but we can't require it, because there is no way to enforce that. Likewise, the fencing is on private property and it's off site and so same thing, we can ask the applicant to work with the neighbors, but we can't require something. I think the lighting is different. The lighting we could require if you -- if you and the Council were so inclined. Seal: Okay. Appreciate that feedback. That's -- sorry to -- sorry to cut you off before making a motion, because I don't want to stand in the way of that, but I did want to make sure that we covered that well. Lorcher: Kurt, does this go in front of City Council? Starman: Yes. Lorcher: So, the lighting issue would be really decided -- decided by them; correct? Starman: It would. Although my suggestion to the -- to the Commission would be if you feel that ought to be a condition I would recommend that you include that as part of your motion and recommendation to the Council, so that the Council is aware of your feelings Meridian Planning&Zoning Commission January 5,2023 Page 18 of 25 on that, so -- but, ultimately, the City Council would -- for lack of a better— would impose -- would impose such a condition, but you would be making the recommendation. Lorcher: Okay. Seal: I'm ready if you are. Lorcher: Okay. I will give it a go. Seal: Great. Lorcher: After considering all staff, applicant, and public testimony, I move to recommend approval to City Council a File No. H-2022-0027 as presented in the staff report for the hearing date of January 5th, 2023, with the following modifications: To continue to work with ACHD on parking in curved areas. Working with adjacent neighbors to repairing the fence that is common between both properties. And a recommendation to City Council that additional lighting be provided for safety. Stoddard: Second. Seal: Okay. It's been moved and seconded to approve Item No. H-2022-0027 with the aforementioned modifications. All in favor, please, say aye. So, there is none opposed. Motion carries. Thank you very much. MOTION CARRIED: THREE AYES. ONE RECUSE. TWO ABSENT. 6. Public Hearing for TM Creek Apartments Phase 4 (H-2022-0080) by Brighton Development, Inc., generally located South of Franklin Rd. approximately 1/2 mile between Ten Mile Rd. and Linder Rd. A. Request: Conditional Use Permit for a multi-family development consisting of 64 urban-style multi-family units with a clubhouse and pool on 2.361 acres of land in the C-G zoning district. Seal: I will try to quit looking directly at you like you are going to say something directly after you have recused yourself. So, I realize I'm doing that and I'm like, no, he's not going to speak. All right. Let's go ahead and open File No. H-2022-0080 and we will begin with the staff report one more time. Parsons: Let's finish strong. Chair, Members of the Commission, next item on the agenda is the TM Creek Apartments Phase 4. The application before you is a conditional use permit. Reviewing the hearing outline here during the hearing it looks like we failed to let you know that you are making a decision on this tonight. You are approving the CUP or making -- recommending -- or approving, denying, or continuing this project this evening. So, it does not move forward to City Council. So, I apologize for that error. But just wanted to bring that to your attention. So, this particular property -- the site consists Meridian Planning&Zoning Commission January 5,2023 Page 19 of 25 of 2.63 acres of land, that's currently zoned C-G and it's located on the south -- located south of West Franklin Road and east of South Ten Mile Road. You can see here in the -- in the three graphics before you that the site is actually larger than two acres, but staff anticipates the -- the applicant subdividing this property in the future and -- and providing approximately a 7.41 acre site in which 2.63 acres will be the multi-family portion of the development and I will explain that a little bit more as we get into it as we get to the site plan. But as you are aware this is part of the TM Center PUD that was approved back in 2020 and this particular site is governed by its own design guidelines and so the plan that's before you tonight is consistent with the concept plan that was tied to that development agreement back in 2020. So, as I mentioned to you about the subdividing portion here -- so, I will grab the cursor here real quickly. You can see here on the site plan the landscape plan. So, essentially, when they subdivide the property it's going to be, again, over seven acres in size. Mention to the Commission that staff has highlighted the area in red that is subject to the CUP approval on the right. Everything else that is around the red outline areas has already been approved at staff level, because those are vertically integrated projects. Residential projects. So, those do not require conditional use permit in the C-G zone. They are principally permitted, so — in working with the applicant we broke this project really up into two phases. Phase one, again, was the staff level approval to get all the parking -- the associated parking and those two structures under construction. And, then, they were going to come back and, then, do the CUP to finish out the open space and the two additional buildings and the clubhouse and the amenities associated with the overall seven acre development. So, that's really where we are at today. So, that's why you see a site plan larger than what you are really reviewing as part of the CUP approval, if that makes sense. So, the CUP itself, again, is two buildings, four stories in height, and it's rough -- approximate -- it is actually 64 units and it's a mix of studio, one, two and three, four bedroom units ranging in size from 656 square feet upwards to 1,443 square feet, at a gross density of 286 dwelling units to the acre. Again, which is consistent to what was required as part of their development. You can see here that there is a public street here along the east boundary that is providing an access point to this particular property and, then, also connecting into phase three, which is directly to the west of this project. So, there will be interconnectivity, not only with this phase, but also existing phases that are currently under construction. If you had a chance -- I know you review the staff report. Staff had questioned the open space. The question wasn't whether or not there was adequate open space, the question was whether or not what was the accurate number to reflect to this body, because we didn't -- we didn't want to give you the impression that this site has 65 percent open space. That -- when you look at it -- when you look at just the 2.43 acre site, it has 65 percent open space, because there is no parking associated with the acreage. It's really -- you take out the building square foot and everything else is open space. So, it makes sense. But looking at this in conjunction with the vertically integrated project, if we were to look at the entire seven acre site, there is approximately 32 percent open space overall between these developments and I -- if I'm not mistaken, this development will be sharing amenities with the vertically integrated portion as well. So, the one thing that I do appreciate working with the applicant on these projects is that each one of their multi- family projects are standalone. They have their own open space, own amenities to go along with the density that they are proposing on their sites. As I also mentioned to you, Meridian Planning&Zoning Commission January 5,2023 Page 20 of 25 again, similar architecture out — as what's currently under construction or constructed in the area. Of course, a lot of these do have their own identity as well. So, there is always a mix of materials. As I mentioned to you, because of the -- they have their own design guidelines, the applicant actually provides us a letter from their design review board verifying that the design has been approved and, then, that way all that city staff has to do is review it for conformance with UDC standards. So, it's been actually a pretty good partnership with the applicant doing that process. It's actually the --the first time we have done it with somebody in the city and it's been working out pretty well. They handle the design review and we just make sure they comply with code. So, it makes it easy. Had a chance to look at the public record. Did not see any public testimony on this. We did receive written testimony from the applicant. They are in agreement with the conditions of approval. With that I will stand for any questions you may have. Seal: Okay. Thank you very much. Would the applicant like to come forward? Good evening. Wardle: Good evening. Happy New year. Seal: Happy New Year. Wardle: For the record my name is Jon Wardle with Brighton. My address is 2929 West Navigator, Meridian, Idaho. 83642. 1 did raise my hand here, so that I could present. So, maybe -- I think, Bill, you will have to undo yours. You will have to -- there we go. Thank you. Let's see here. Can I be raised to a -- there we go. Panelist. Perfect. All right. Just want to make sure you see that on your screen. Perfect. I will say at the very beginning that we are in agreement with all the staff conditions. We don't have anything to modify on the conditions that are before you. I do have just a couple of points. I want to just -- as Bill has mentioned that we have two projects here that are really one project, but the way that they were -- have been reviewed it's -- it's --they are one project together, but two different applications. From a context perspective, this represents the location of the TM Creek Apartments Phase 4. We currently have Wayfinder built, which is east of Ten Mile. We also have just finished construction of Benchmark Road down to Ten Mile Creek. Over the winter we were going to be building another bridge crossing and, then, next summer we will complete Benchmark and Cobalt. So, we will have a complete collector system at the Ten Mile project. So, that everything connects to Franklin and over to Ten Mile Road. We have currently built a -- an access drive aisle paralleling Franklin and we will continue that on this project. As it shows right here there will be a parallel roadway connecting over to Benchmark and to Wayfinder. We will have a right- in, right-out access eventually onto Franklin Road here in the center point, but the full access points will be at Benchmark and on Wayfinder and those will both be signalized in the future. Benchmark is currently signalized. We have actually paid for all the signal for Wayfinder and that's in ACHD's court to install that, but we anticipate this next year in 2023 we will have two signals operational there. Overall, Ten Mile Crossing is 300 acres. This site -- specifically the CUP in front of you -- is 2.36 acres and it's highlighted here in red. But the whole project, Ten Mile Creek Apartments Phase 4, is a total of seven acres and this is showing the entire project together. Just a couple of illustrations here. This Meridian Planning&Zoning Commission January 5,2023 Page 21 of 25 would be looking south as if we are kind of standing over or flying above Franklin Road looking to south towards the Interstate. Building C, the clubhouse, and Building B, we also have Building A and Building D, which were previously approved as vertically integrated. Another view of that as well of the different type of buildings that are here. The CUP application in front of you tonight -- it is 2.36 acres. There is on this specific site 1.51 acres of qualified open space, which is 65 percent, and as Bill mentioned that seems high. In the overall project we actually have 32 percent open space. The amenities that we are providing that all of the users here will have is a clubhouse, which is 11,000 square feet, and that's conditioned space inside. We will have fitness, gathering spaces, workspaces where people can actually get out of their apartments, so if they want to and have some dedicated workspaces like we see in some of the executive spaces. We will have a standalone pool house, which is shown here off to the south and to the east, which is 1,000 square feet and some outdoor spaces there as well. Up above on the second floor there is a second floor sun deck. Around the pool there is a pool and spa. We have two pickleball courts. There are seating and fire pits and we also are building an eight foot parallel sidewalk. The regional pathway is on the south side of Ten Mile Creek and we have built that with one phase already and we will continue that along. But on the north side we have installed -- or will install with phase three, which we are doing, an eight foot sidewalk right now and we will continue that along. It doesn't replace the regional pathway, which we are committed to building, it just provides another way for residents to move east to west along this corridor and provides more connectivity throughout. Again, the amenities are for the entire project. The area highlighted in red is the CUP. The area highlighted in blue -- or banded in blue is the vertically integrated space. This gives you kind of an overview of the overall open space of the project at 32 and a half percent or 2.41 acres of the 7.41. I do want to note that there is the Ten Mile Creek corridor, which will have the regional pathway. That's not included in this calculation. That is a separate open space. When we bring in the plat, which will be TM Creek Phase 7, it will include that, but we are not loading up this project with that open space of the creek and the regional pathway. We previously submitted for vertically integrated and provided the city with all of the parking in one package, so they could see it, even though the CUP had not been provided. The required parking is 267 spaces. We have an overall 300 parking spaces. We would only be required 52 covered spaces, but 212 of the spaces here are covered. So, a lot of the parking in the site is -- is included and we do exceed the parking requirements. We more than exceed the parking requirements for the projects here. Just a couple more pictures. This would be looking from the south from the region -- the future regional pathway to the buildings. We actually wanted to -- not just turn our back to the creek -- if you haven't had an opportunity to walk it already, the parts that we have built on the south side, it is highly amenitized. Sometimes the drains in the city we just kind of like turn our back to them. We have taken the approach of that's kind of a front yard and so these buildings, which are right up along the creek, have full advantage of that and that's what we have done here as well. We have brought the amenity down to the sidewalk and to the creek and brought these two buildings down as well. Pickleball as we know is a popular activity and we are providing two pickleball courts with this project as well. Just an aerial view looking down at the site. The pool area. Clubhouse area. Just some elevations there of the buildings. Like I mentioned at the very beginning, we do concur with the staff report and recommendation for approval Meridian Planning&Zoning Commission January 5,2023 Page 22 of 25 and we are requesting tonight your approval of the conditional use permit for TM Creek Apartments No. 4, file H-2022-0088, and I stand for any questions that you might have. Seal: Do you have any questions for the applicant or staff? None? I don't think there is any -- there is nobody left online and I'm pretty sure you are part of the -- so, if there are no questions -- nothing further to add? Wardle: I don't. Seal: Thank you very much, sir. Appreciate it. Can I get a motion to close the public hearing for File No. H-2022-0080? Stoddard: So moved. Lorcher: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0080. All in favor, please, say aye. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: With that I will take comments. Motions. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: Since this is a part of a bigger project -- although I have to say when I first read it I was like, wow, look at all the open space for this one building. Sixty-four units. They get their own pool. But it's part of a larger project and multi-family fits in with the entire design of that particular corridor between Ten Mile and Linder and Franklin and, you know, Brighton continues to offer, you know, extra amenities to be able to make it a livable and workspace, as well as a nice way to enter into our city. Seal: Okay. Grace: Mr. Chairman, I agree. I -- I think it's -- it's a nice fit in that area. Retail and commercial space are going to be in that area as well. So, hopefully, people can even find a close place to work potentially, so -- and we don't have a room full of people objecting to multi — multi-family, so that's good news. Seal: Yeah. And I will — the comment I will make is I -- after being in the -- in the area and driving through some of it and everything, seeing some of it early on, how it was going to work in that area, I'm actually very surprised about how walkable it is -- walkable, rideable, and, like you said, making that kind of -- instead of turning your back to it, I like the way that you put that and that you are making that more of a front yard. So, I like that Meridian Planning&Zoning Commission January 5,2023 Page 23 of 25 approach. I like what -- everything that was done there. I wish we could see a lot more of that, you know, not just in multi-family, but, you know, in just some of our— some of our basic residential, just improving those pathways and connectivity, so -- this one's -- and like the rest of the multi-family in the area is exactly the same, only different, so -- and like the differences that are in there. It does make it -- each one of these feel like their own little area, while combining the whole thing into -- you know, into one big workable, livable area. So, I'm -- I have no -- no real concerns with it. It seems to fit into the whole thing. I mean maybe -- why not 66 percent open space, but, you know, so — anything, Commissioner Stoddard? Stoddard: I like it. I like the design. And I don't have anything negative to say. I like it. Seal: Anybody would like to take a stab at a motion on this? Grace: Sure, Mr. Chairman, I will. I think if I read -- Seal: Yeah. Real quick. And just remember this is a CUP, so we are approve or deny on it. Grace: Yeah. I was just going to say I think I read Bill's instructions correctly that we are not recommending, but we are approving. So, after considering all staff, applicant, and public testimony, I move to approve to the -- I move to approve File No. H-2022-0080 as presented in the staff report for the hearing date of January 5th, 2023. Stoddard: Second. Seal: It's been moved and seconded to approve file number H-2022-0080, with no modifications. All in favor, please, say aye. No opposed. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. Lorcher: Mr. Chair? Seal: Real quick, I think we are going to — Caleb said we are going to try to do — instead of doing training we were going to try and put something on the agenda at the end of it next time? So, I just want to — Parsons: I'm happy to provide some context on that if you would like. Seal: Yes. Parsons: So, Chair, Commissioners, staff is in the middle of looking at our staff report template and we have actually gone in front of — we have talked with some of our — our staff members, we have gone in front of City Council and provided them with a survey trying to get feedback as to what they want included in a staff report and whether or not Meridian Planning&Zoning Commission January 5,2023 Page 24 of 25 what we are providing to you in a staff report is relevant or not and so as part of that effort, because you guys are part of the team and you look at all of our staff reports, too, Caleb and I wanted to extend the same invite to all of you and potentially come back on the 19th at the end of the agenda and share a portion of that staff report and see -- get your feedback as we move forward on an update to that -- that template. So, I know we have quite a bit on that agenda, so we wanted to make sure that we had, one, good attendance from all of you and you guys were interested in it. But, two, if you felt like the 19th wouldn't work, then, we were also not opposed to coming back sometime in February as well. So, we -- I guess I will just leave it up to the Commission as to whether or not that works or not and add something to the agenda if -- if it does. Seal: I'm -- personally I'm okay with it. I think we will probably still follow the -- the unwritten rule of trying not to open anything after 11 :00, because we all get a little punchy. But if it will fit into the -- into the agenda, then, I think, you know, kind of the more information that -- at this point the better, so -- but that's -- anybody else have feelings on that? Lorcher: I have no conflicts. Stoddard: I will not be available on the 19th. I will be out of town. Seal: Okay. And that might be -- we will probably want to chime in with the -- maybe, Joy, if you could do that, kind of see what the other — our missing Commissioners feel about that. Again, we want to have good attendance for it. So, if we are going to have issues with that were a few people are going to be gone, which happens, then, that's okay. Hall: Yes. I can definitely look into that and also just for your information we have five public hearings on the 19th, but only one on the 2nd of February. Seal: Okay. Lorcher: That date works well, too. As long as it works for the group. Stoddard: I will be on a flight on the 2nd. Seal: Well, maybe just, you know, a quick e-mail to the -- to the Commission and just -- we can weigh in on that and, you know, we will -- we will get -- we will get you the information as soon as we can, so we can get that scheduled for sure. Hall: Okay. Seal: Are we on a -- what -- what is our time on that? Because we do have to get it -- I mean we have to put it on the agenda at some point in time in order for it to be on the agenda; correct? So, what's our timing on that? Plenty of time? Okay. Just wanted to Meridian Planning&Zoning Commission January 5,2023 Page 25 of 25 make sure there wasn't some time constraint on that. Okay. Then I will take one more motion. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: I motion we adjourn. Grace: Second. Seal: It's been moved and seconded to adjourn. All in favor say aye. Motion passes. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 7:17 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED 1 1 19 12023 ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 15, 2022 Planning & Zoning Meeting Meridian Planning&Zoning Commission December 15,2022 Page 20 of 20 Seal: Do I have a second? Yearsley: Second. Seal: It's been moved and seconded that we adjourn. All in favor, please, say aye. None opposed. We are adjourned. Thank you all very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 7:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ANDREW SEAL - CHAIRMAN 1-5-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 1-5-2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for KeyBank Meridian Branch (H-2022- 0076) by HSB Architects + Engineers, located at 3513 W. Chinden Blvd. CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND " AHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for a Drive-Through Establishment for a Financial Institution for KeyBank Meridian Branch within 300-Feet of another Drive-Through Establishment, an Existing Residence and Residential Zoning District,on 1.04-Acres of Land in the C-G Zoning District,by HSB Architects+Engineers. Case No(s).H-2022-0076 For the Planning& Zoning Commission Hearing Date of: December 15, 2022 (Findings on January 5,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 15,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 15,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 15, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 15, 2022,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).KEYBANK MERIDIAN BRANCH CUP H-2022-0076 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 December 15,2022,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 § I I- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of December 15, 2022, 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 11-513-6.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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).KEYBANK MERIDIAN BRANCH CUP H-2022-0076 Page 2 G. Attached: Staff Report for the hearing date of December 15,2022 By action of the Planning&Zoning Commission at its regular meeting held on the 5th day of January ,2023. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MANDI STODDARD VOTED Andrew Seal, Chairman 1-5-2023 Attest: Chris Johnson, City Clerk 1-5-2023 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 1-5-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).KEYBANK MERIDIAN BRANCH CUP H-2022-0076 Page 3 EXHIBIT A E STAFF REPORT REPORT D A H O COMMUNITY DEVELOPMENT DEPARTMENT HEARING 12/15/2022 _ �c DATE: TO: Planning&Zoning CommissionI,;. ---- ----- -W CHINDEN BLVD-- i'1 FROM: Sonya Allen,Associate Planner ,,Ear , z _ L 208-884-5533 site SUBJECT: H-2022-0076 _' W StX+Mv.n z — KeyBank Meridian Branch—CUP IRD lEG_AC LOCATION: 3485 W. Chinden Blvd., in the NW 1/4757 of Section 27, TAN.,R.1 W. PTO m i1 FE ..". ._ ip�M * i .E RAPIDS 5t2 t � S H I. PROJECT DESCRIPTION Conditional Use Permit for a drive-through establishment for a financial institution within 300-feet of another drive-through establishment, an existing residence and residential zoning district, on 1.04-acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.04-acre Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Drive-through for a financial institution Current Zoning General Retail&Service Commercial(C-G) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 9/20/22 attendees: History(previous approvals) H-2018-0004(CPAM,AZ,PP,VAR—Lost Rapids);H— 2019-0056(FP—Lost Rapids);Development Agreement (Inst.#2018-079970—GFI—Meridian Investments II, LLC);PBA-2022-0015 (Lots 7&8,Block 1,Lost Rapids Subdivision);SHP-2022-0014(Lost Rapids West) Page 1 EXHIBIT A A. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant: Ben Gingrich, HSB Architects+Engineers— 1250 Old River Rd., Ste. 201, Cleveland, OH 44113 Page 2 EXHIBIT A B. Owner: GFI Meridian Investments lI,LLC—74 E. 500 S., Ste. 200, Bountiful,UT 84010 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 11/30/2022 Radius notification mailed to 11/13/2022 properties within 300 feet Site Posting Date 11/23/2022 Next Door posting 11/28/2022 V. STAFF ANALYSIS Comprehensive Plan: This property is designated as Commercial on the Future Land Use Map in the Comprehensive Plan. This designation provides for a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and office uses, as well as appropriate public and quasi-public uses. Sample zoning include: C-N, C-C,and C-G. The subject property is one of several Commercial designated and C-G zoned properties in Lost Rapids subdivision that is in the development process. The proposed development and use of the site with a financial institution and drive-through is a desired use within the Commercial future lane use map designation in the Comprehensive Plan, as noted above, and with adjacent approved uses in the vicinity. Therefore, Staff finds the proposed project is generally consistent with the Comprehensive Plan as required. Unified Development Code: The Applicant proposes to construct a new 3,400 square foot(s.f.) financial institution(KeyBank Meridian Branch)with a drive-through on 1.04 acres of land in the C-G zoning district. The branch will serve the community with banking offices for client consultation, a drive-through ATM and a drive- through auto-teller lane. Note: The configuration of the property depicted on the maps does not yet reflect the recently approved short plat(SHP-2022-0014)which creates the configuration of the subject property. The short plat needs to be recorded prior to submittal of a building permit application. A financial institution is listed as a principal permitted use in the C-G zoning district per UDC Table II- 2B-2, subject to the specific use standards listed in UDC 11-4-3-17. A drive-through requires approval of a conditional use permit when it's within 300-feet of another drive-through facility, an existing residence or a residential district per 11-4-3-11A.1. In this case,there is a drive-through establishment [i.e. Dutch Page 3 EXHIBIT A Bros. Coffee(A-2021-0177)] to the east and a residential district(i.e. R-15) and residential uses to the west in Bainbridge Subdivision No. 12 within 300-feet of the subject property;the next two(2)lots to the east of Dutch Bros. also have drive-through uses. Compliance with the standards listed in UDC 11-3A-16 Self-Service Uses for the ATM is required as follows: (Staff's comments in italics) A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting. The entrance and view of the ATM is open to the public street(W. Chinden Blvd.)and the driveway along the west boundary of the site. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. The financial transaction area of the ATM is oriented toward the adjacent driveway along the west boundary of the site and is visible from the public street(W.. Chinden Blvd.)along the north boundary of the site. C. Landscape shrubbery shall be limited to no more than three(3)feet in height between entrances and financial transaction areas and the public street. The reed grass depicted on the landscape plan in the buffer along the west boundary of the site and the falkner boxwood in the buffer along the northern boundary of the site on the west side of the building has a mature height of 4- feet, which is not allowed; the landscape plan should be revised to comply with this standard. The proposed use and development plan is in substantial conformance with the provisions in the existing Development Agreement(Inst. #2018-079970). Hours of Operation: The branch lobby and auto-teller are open normal business hours Monday thru Saturday;the ATM is operational 27/7. Because the proposed use/property does not abut a residential use or district, a conditional use permit is not required for the ATM. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3- 11—Drive-Through Establishment and in 11-4-3-17—Financial Institution. Staffs analysis is in italics. Drive-Through Establishment: All establishments providing drive-through service are required to identify the stacking lane,menu and speaker location(if applicable), and window location on the site plan. The stacking lane and window location is depicted on the site plan. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties.A safe pedestrian walkway is proposed from the perimeter sidewalk along the southern boundary of the site to the main building entrance in compliance with UDC 11-3A-19B.4a. The sidewalk along the southern boundary of the site continues to the east for pedestrian access between adjacent properties. Vehicular access is proposed from the drive aisle along the southern boundary of the site and safe vehicular circulation within the site is also proposed. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of-way by patrons; The proposed stacking lanes appear to have sufficient capacity to prevent obstruction of drive aisles. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from the circulation lanes needed for access and parking. Page 4 EXHIBIT A 3)The stacking lane shall not be located within ten(10) feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape lane; and An escape lane is proposed as shown on the site plan. 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located on the west side of the building and is visible from W. Chinden Blvd. and from the driveway to/from Chinden along the west side of the property for surveillance purposes. Financial Institution: A. The location,access and safety features of all automated teller machines(ATMs) shall be subject to review and approval by the Meridian Police Department, and in accord with the standards set forth in section 11-3A-16 of this title. The Applicant should obtain approval from the Police Dept.for the proposed ATM. See above analysis for compliance with the standards in UDC H- 3A-16. B. All ATMs shall be deemed an accessory use to a financial institution. C. All approaches and entrances to ATMs should be highly visible and adequately lit so that people cannot loiter,or enter,without being seen. The addition of security cameras are highly recommended. The Applicant shall comply with this standard. Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Access: Access is proposed via the east/west driveway along the southern boundary of the site; direct lot access via Chinden Blvd. and the north/south driveway along the western boundary of the site is prohibited. A reciprocal cross-access easement exists between all lots in the subdivision as noted on the Lost Rapids subdivision plat. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 11- 3A-6B.1. Based on a 3,400 square foot structure, a minimum of six(6) spaces are required. A total of 16 spaces are proposed, exceeding UDC standards. A minimum of one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C. A bicycle rack is proposed on the south side of the building in accord with this standard. The site design requires vehicles that are parked on the east side of the building to exit the site through the drive-through escape lane and vehicles accessing the parking spaces on the south side of the building to travel against traffic leaving the drive-through. Staff is concerned about traffic conflicts within the site that may exist because of the site design, as discussed with the applicant in the pre-application meeting. The Applicant did not share Staff s concerns and proceeded with the proposed site layout. The Applicant should obtain approval from Republic Services for the location of the trash enclosure prior to submittal of a Certificate of Zoning Compliance application. Page 5 EXHIBIT A Landscaping: Street buffer landscaping was installed within the street buffer along W. Chinden Blvd. with the Lost Rapids subdivision improvements. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. A minimum 5-foot wide perimeter buffer is required along the east boundary of the site per UDC 11-3B-8C.1,landscaped per the standards listed in UDC 11-3B-8C.Ib.The buffer on the adjacent property to the east does not meet this requirement; remove from the plan. Sidewalks: A 10-foot wide multi-use pathway exists within a public use easement in the street buffer on the northern portion of this site along W. Chinden Blvd. A sidewalk exists within the landscape buffers along the western and southern boundaries of the site along internal driveways within Lost Rapids Subdivision. A pedestrian walkway is proposed from the perimeter sidewalk along the southern boundary of the site to the main building entrance in accord with UDC 11-3A-19.B.4. Where the walkway crosses the vehicular driving surface,it's required to be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4.The site/landscape plan submitted with the Certificate of Zoning Compliance application should reflect compliance with this standard—the proposed striping on the pathway from the perimeter sidewalk to the main building entrance is not approved. The sidewalk on the south and east sides of the building where parking abuts should be widened to 7-feet to allow vehicles to overhang 2-feet(the length of stalls may be reduced to 17-feet); or,wheel stops should be provided within parking spaces to prevent vehicle overhang in accord with UDC 11-3C-5B.3,4. Easements: There are existing easements on this lot as shown on the Lost Rapids subdivision plat. The proposed structure shall not encroach within these easements, except as allowed in the UDC. Mechanical Equipment: All rooftop mechanical equipment shall be screened as viewed from the farthest edge of the adjoining right-of-way. The Applicant states rooftop screens are provided for all HVAC equipment. The Applicant also states no ground level mechanical equipment is proposed. Building Elevations: Detailed building elevations were submitted as shown in Section VII.0 for a single-story building that incorporates a Dryvit outsulation MD system in a variety of finishes, including EIFS,wood panel,red panel and stone, and glazing on the storefront. Aluminum sunshades are proposed over the windows. A flat roof with parapets of varying heights is proposed. The proposed design complies with the design standards listed in the Architectural Standards Manual and the Design Review application is approved. Certificate of Zoning Compliance: A Certificate of Zoning Compliance application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with the conditions in Section VIII and UDC standards. VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VIII per the Findings in Section IX. The Director approved the Design Review application. B. The Meridian Planning&Zoning Commission heard this item on December 15.2022.At the public hearing.the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing: a. In favor: Ben Gingrich.Applicant b. In opposition:None c. Commenting None d. Written testimony: Ben Gingrich.Applicant(response to staff report) Page 6 EXHIBIT A e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. Commission struck Public Works site specific condition of approval#4. VII. EXHIBITS A. Proposed Site Plan(dated: 4/20/2022) H i =----- - ----`� -- --- t 9 t1n wn o1%m awE t+ron� I _ � I .ww•.iu� .wss a I' PR�ECI TFAM GZG� Q III '�It .:T Z G Z I I // I �rw.c weximr i I I Page 7 EXHIBIT A B. Proposed Landscape Plan(dated: 9/20/22) 0 J > gap "gW W&.11m WTITZ� X., TREE SPECIES MIX TREE M-014 REQUIREMEI T M, BICYCLE P'UCALCUTATIQNS LANDSCAPE PLAN km n q. z 1 2 ZZ ru,:a 7�71'p EZ 3: —E F"LLO Page 8 EXHIBIT A C. Building Elevations —-—-—-—-—-—-—-—-—-—-—-—-—-—-—- ARCHITECTS -ENGINEERS ------------ ------ ------------ -At z 0 I- -—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—- --— m --------------------- ------- 0 aLn Zn z 0 I- z LU >- LLI EXTERIOR ELEVA71ONS SD-3 — -—-—-—-—-—-—-—-—-—--------- ARCHITECTS FAN ENGINEERS K Key-ban' -—-—-—-—-—-—-— O Sa ---------------------------------------------- -—-—-—-—-—-—-—-—-—-—- Z In z z z cm LU L>" is RIOR ELIIM$ SDA Page 9 EXHIBIT A 0 ARCHITECTS +ENGINEERS a% Z 0 F- = a Vu Z0 a0 � a m J a G z _ p u Zz a az z m W � `L � aowewS SD-5 Page 10 EXHIBIT A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein [H-2018-0004 (CPAM,AZ,PP,VAR—Lost Rapids); Development Agreement(Inst. #2018-079970—GFI— Meridian Investments 11,LLC);H-2019-0056(FP—Lost Rapids);SHP-2022-0014(Lost Rapids West)]. 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. All mechanical equipment on the back of the building and outdoor service and equipment areas shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12.All ground level mechanical equipment shall be screened to the height of the unit as viewed from the property line; and all rooftop mechanical equipment shall be screened as viewed from the farthest edge of the adjoining right-of-way, in accord with the Architectural Standards Manual(#4.3B,#4.3C). b. The pathway from the perimeter sidewalk along the southern boundary of the site to the main building entrance shall be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete, or bricks as set forth in UDC I I-3A-I9B.4b. c. Depict all easements that exist on the subject lot per the recorded plat(Lost Rapids Subdivision).Any encroachments within existing easements should be permitted through the easement holder or as allowed by the UDC. d. Depict shrubbery that is no more than three (3) feet in height at maturity between entrances and financial transaction areas and the public street as set forth in UDC 11-3A-16C. The reed grass within the planter along the west boundary of the site and the falkner boxwood in the buffer along the north boundary of the site exceed 3-feet in height at maturity and should be replaced with shrubbery that meets this standard. e. Provide low-impact security lighting around the self-service facility(i.e.ATM)in accord with UDC 11-3A-16A. Depict on plan and submit a detail of the proposed lighting that complies with the standards listed in UDC 11-3A-11. f. Widen the sidewalk to 7-feet on the south and east sides of the building where parking abuts to allow vehicles to overhang 2-feet(the length of stalls may be reduced to 17-feet); or, provide wheel stops within parking spaces to prevent vehicle overhang in accord with UDC 11-3C-5B.3, 4. g. Depict a minimum 5-foot wide perimeter buffer along the east boundary of the site per UDC 11-3B-8C.1,landscaped per the standards listed in UDC 11-3B-8C.1 b;remove the buffer on the adjacent property from the plan. 3. Compliance with the standards listed in UDC 11-4-3-11 —Drive-Through Establishment and H- 4-3-17—Financial Institution. 4. Compliance with the standards listed in 11-3A-16 Self-Service Uses(i.e. the ATM) is required. 5. Direct access to W. Chinden Blvd. and the north/south driveway along the west boundary of the Page 11 EXHIBIT A site is prohibited. 6. The previously approved short plat for Lost Rapids West(SHP-2022-0014) shall be recorded for the proposed configuration of the property prior to submittal of a building permit application for this site. 7. The location, access and safety features of all automated teller machines (ATMs) shall be subject to review and approval by the Meridian Police Department, and in accord with the standards set forth in section 11-3A-16 of this title per UDC 11-4-3-17.Submit documentation of such approval with the Certificate of Zoning Compliance application. 8. All approaches and entrances to ATMs should be highly visible and adequately lit so that people cannot loiter,or enter,without being seen in accord with UDC 11-4-3-17.The addition of security cameras are highly recommended. 9. Design Review has been approved for the design of the proposed structure as shown in Section VII.C. The proposed structure shall be constructed consistent with these elevations in accord with the Architectural Standards Manual; any modifications to the design shall be approved by the Planning Division. 10. A Certificate of Zoning Compliance application shall be submitted and approved for the proposed use prior to submittal of a building permit application. 11. The conditional use permit is valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Ensure no sewer services cross infiltration trenches. 2. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.). are built within the utility easement. 3. Applicant must abandon the blow-off at the end of the existing 8"water stub. All required connections(meters, fire-lines,hydrants, etc.)must come off this 8"stub. 4. A r-eimbufsemeat agFeement will need to signed with the City a-ad$9,465.00 paid to the City fe General Conditions of Approval 5. 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. 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. 6. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-313-6). 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 Page 12 EXHIBIT A 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 prior to receiving development plan approval. 7. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 8. All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 9. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 10. 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. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 12. 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. 13. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. 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. 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. C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=279718&dbid=0&r0o=MeridianQ D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=282603&dbid=0&repo=MeridianCitX E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=280536&dbid=0&r0o=MeridianQ Page 13 EXHIBIT A IX. FINDINGS A. Conditional Use(UDC 11-513-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. 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 the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-G zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission finds the proposed financial institution with a drive-through will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VIII of this report. 3. 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 the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. 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 the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section VIII of this report. 5. 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 the proposed use will be served by essential public facilities and services as required. 6. 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 the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. 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 the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The Commission finds the proposed use will not result in the destruction, loss or damage of any such features. Page 14 EXHIBIT A 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. B. Administrative Design Review In order to grant approval for an administrative design review,the director shall determine that the proposed structural and/or site designs conform to the standards and meet or exceed the intent of the "City of Meridian Architectural Standards Manual". The Director finds the proposed structure and site design conforms to the standards and meets the intent of the Architectural Standards Manual. Page 15 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Guthries Drive-Through (H-2022- 0081) by Nicolette Womack, Kimley-Horn, located at 1840 W. Chinden Blvd., near the northwest corner of N. Linder Rd. and W. Chinden Blvd. CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION& ORDER In the Matter of the Request for a Drive-Through Establishment for Guthries restaurant within 300-feet of another Drive-Through Establishment,and Existing Residence and Residential Zoning District,Located at 1840 W. Chinden Blvd.in the C-C Zoning District,by Kimley-Horn. Case No(s).H-2022-0081 For the Planning& Zoning Commission Hearing Date of: December 15,2022 (Findings on January 5,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 15,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 15,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 15, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 15, 2022,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). GUTHRIES CUP[H-2022-0081] 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 December 15,2022,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 § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of December 15, 2022, 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 11-513-6.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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). GUTHRIES CUP[H-2022-0081] Page 2 G. Attached: Staff Report for the hearing date of December 15,2022 By action of the Planning&Zoning Commission at its regular meeting held on the 5th day of January ,2023. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MANDI STODDARD VOTED Andrew Seal, Chairman 1-5-2023 Attest: Chris Johnson, City Clerk 1-5-2023 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 1-5-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). GUTHRIES CUP[H-2022-0081] Page 3 EXHIBIT A E STAFF REPORT REPORT a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING 12/15/2022 Legend DATE: Project Location TO: Planning&Zoning Commission FROM: Stacy Hersh,Associate Planner 208-884-5533 ; SUBJECT: H-2022-0081 Guthries—CUP LOCATION. 1840 W. Chinden Blvd,near the EE northwest corner of N. Linder Road and � W. Chinden Blvd. in the SE 1/4 of the SE 1/4 of Section 23,Township 4N,Range ® ® FFFFR�� � ®� 1W. � euzuz�uin�, -- I. PROJECT DESCRIPTION Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive- through facility,residential district, and existing residence on 0.969 acres of land in the C-C zoning district. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0..969-acre Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Restaurant with a drive-through Current Zoning Community Business District(C-C) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 10/3/2022 I attendees: History(previous approvals) PP-14-011 (Chinden and Linder Crossing Subdivision); MDA-14-008,Development Agreement Instr.#2014- 088001 (Chinden and Linder Crossing Subdivision);FP- 14-041 (Chinden and Linder Crossing Subdivision) CUP- 15-007(Carl's Jr expired). 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JI.11111111 • .•� - IIII IIIII/ .••n IIIIn•,�,pIIIII II�i —JI.111111111►�••••�1� . �. -- nnu:�11� ♦ ':::"_ - :,4`:.�,.�: �� nm �11�:::::::.� 1�i�• �:i''i.`••O': �•�'��_•�� n:inns.�� ....::::::::►��' �':.� -=.�i, � ,��u_•::::�����nn:::...nm....nn•�::::::_;n _ i '-"' :ii:ii::: '.`%�::::::i.:: '_.1 = �• �• �"a_:u.p:'_"..niiii:::-:`'nm nn......:::::..==jl = �i • •'III"�:j lli:---:::::::i ::niiii: :� p _ ..:: IIII.IIII ::....I::::ice'-.iIIIII�:•ii '� 1f. -=III =1111111r �-• 'ii:'=°-�inomlunl.i•o::::::: ••::::: if'. ': ��� �:::riiy:'=-unnm'•�Ii•:::::::::��: :::��iii =' ni•��io'%�>• Jlnin:ri::::::.•...n:::::i�• pnnnnnnngl:i:::::�i.�u� ... iiiirin. .unllll:::I •....--►.....�. ...:nmm�.•v::un..••• .noon.: ��_. •....--Oi'..�o EXHIBIT A C. Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 11/30/2022 Radius notification mailed to 11/13/2022 properties within 300 feet Site Posting Date 12/3/2022 Next Door posting 11/28/2022 V. STAFF ANALYSIS Comprehensive Plan: COMMERCIAL LAND USES This property is designated"Mixed Use—Community" on the Comprehensive Plan Future Land Use Map.The purpose of this designation is to allocate areas where community-serving uses and dwellings are integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial-type buildings.Non-residential buildings in these areas tend to be larger than in Mixed Use —Neighborhood areas, but not as large as in Mixed Use— Regional areas.Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. The site is proposed to develop a drive-through restaurant which will contribute to the mix of uses in this area and provide another fast food option to area residents within close proximity to nearby residential developments. The proposed use will also provide employment opportunities to nearby residents. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use(staff analysis in italics): • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets."(2.01.04B) All parking lot landscaping is required to comply with the standards listed in UDC 11-3B- 8C. • "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) City water and sewer service stubs have been provided to this site with the development of the subdivision. Page 3 EXHIBIT A • "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.05.01J) The proposed drive-through restaurant will contribute to the variety of uses and fast food options in the northern portion of the City. • "Require all commercial and industrial businesses to install and maintain landscaping." (2.01.03B) Street buffer landscaping was installed with the subdivision along W. Island Green Dr. and N. Linder Rd. on this site in accord with the standards listed in UDC 11-3B-7C. Internal parking lot landscaping is required to be installed in accord with the standards listed in UDC 11-3B-8C. • "Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection."(3.04.02A) There is adequate water supply and pressure available to the site for fire protection. For the above-stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. SITE DESIGN AND CODE ANALYSIS The Applicant proposes to construct a 2,083 (s.f.)restaurant with a drive-through for Guthries on a 0.969-acre property in the C-C zoning district. A restaurant is listed as a principal permitted use in the C-G zoning district per UDC Table 11-2B-2, subject to the specific use standards listed in UDC 11-4-3-49. A drive-through requires approval of a conditional use permit when it's within 300 feet of another drive-through facility, an existing residence or a residential district per 11-4-3-1 M.1. In this case, one other drive-through establishment exists within 300 feet of the property—Zions Bank(H-2018-0077)on a lot to the east;there are also existing residences and residential districts within 300 feet of the property. The proposed hours of operation will be Sunday—Thursday from 10:00 am to 9:00 pm, and Friday and Saturday from 10:00 am to 10:00 pm. Business hours of operation within the C-C District shall be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. The property does not directly abut a residential district; however,it is within 300 feet of existing residential uses(north);therefore, Staff is supportive of the proposed hours of operation. The proposed use and development plan is in substantial conformance with the provisions in the existing Development Agreement(Inst. #2014-088001). Specific Use Standards: Staffs analysis is in italics. Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment.All establishments providing drive-through service are required to identify the stacking lane,menu and speaker location(if applicable), and window location on the site plan.A menu board, speaker, and window location are depicted on the site plan at the proposed ordering point. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties.Safe pedestrian access should be provided from the vehicle stacking areas on the south sides of the drive-through and along the northeast side of the site—one is required from the perimeter sidewalk along Chinden to the main building entrance. Staff recommends additional pedestrian accesses to the building along the southeast drive aisle per UDC 11-3A-19B.4 and a striped pedestrian walkway on the northeast side of the site directing patrons to the building entrance(see proposed Page 4 EXHIBIT A redlines on the site plan). Staff recommends signage be installed ahead of each crossing warning drivers to watch out for pedestrians (west, northeast,south). Staff finds that the parking stalls to the north should be restricted for employee parking only to maximize pedestrian safety. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and the public right-of-way by patrons; The concept plan shows the stacking lane is a separate lane from the drive aisles and parking which provides access to the rest of the development. The proposed site layout places a drive-through that starts at the northeast corner of the building and goes all the way around the building with the exits shown at the northeast corner and west side of the building and also shows the pick-up window on the west side of the proposed restaurant. If there was additional or excessive overflow from the drive- through lane which does sometimes occur from drive-through establishments at peak times, it may stack into the parking lot to the east, north, and then west, not into W. Chinden Boulevard. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from the circulation lanes needed for access and parking, however there is a potential for vehicles to stack in the southern drive aisle. 3)The stacking lane shall not be located within ten(10)feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100)feet in length shall provide for an escape lane; and The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed prior to approaching the ordering window on the west and east sides of the building. 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located on the east west side of the building and is visible from the private drive on the west and from W. Island Green Drive along the north side of the property boundary for surveillance purposes. Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific use standards as required. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49 Restaurant,which requires at a minimum,one (1)parking space to be provided for every 250 square feet of gross floor area(see parking analysis below). Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. Access: Access is provided to this site via W. Island Green Dr., a local street and the private drive located on the west side of the property.A cross-access easement exists between all lots in this subdivision as depicted on the plat for Chinden and Linder Crossing Subdivision. Direct access via W. Chinden Boulevard is prohibited. At the time of the future Certificate of Zoning Compliance (CZC) application,the applicant should provide written documentation of the recorded cross- access easement. Parking: A minimum of one (1)parking space is required to be provided for every 250 square feet of Page 5 EXHIBIT A gross floor area for the proposed restaurant use. A minimum of 8 off-street vehicle parking spaces are required for the 2,083 square foot building; the submitted site plan shows 25 proposed parking spaces exceeding UDC minimums. Due to the multiple entrances/exits provided on this site for parking and drive-through access, Staff recommends that the Applicant depict striping and visible signage noting the required traffic flow for the site. A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is not shown on the plans submitted with this application. Pedestrian Walkways: A pedestrian walkway is proposed from the sidewalk along the private road to the main building entrance as required by UDC 11-3A-19.13.4. The proposed pedestrian connection is required to be a minimum of five (5) feet in width. Where pedestrian walkways cross vehicular driving surfaces,they're required to be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11- 3A-19B.4.The site/landscape plan submitted with the Certificate of Zoning Compliance application should reflect compliance with this standard—the proposed striping of the crosswalk is not allowed and should be revised to comply with this standard. Landscaping: Street buffer landscaping was installed within the street buffer along W. Chinden Boulevard with the Chinden and Linder Crossing subdivision improvements and must remain protected during construction on the site in accord with UDC 11-3B-IOC3. Parking lot landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be roof-mount, all equipment should be screened and out of view as noted above. Building Elevations: Conceptual building elevations were submitted as shown in Section VII.0 for a single-story building that incorporates a mix of materials consisting of EIFS,brick veneer,metal awnings,metal coping/downspouts,windows, and metal roofing. The final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual. No elevations were submitted that show the proposed trash enclosure; this should be corrected with the future CZC submittal and should match the style of the proposed building. The submitted landscape plans do show adequate screening of the trash enclosure. Certificate of Zoning Compliance& Design Review: A Certificate of Zoning Compliance and Design Review application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with the conditions in Section VIII,UDC standards and design standards. Page 6 EXHIBIT A VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on December 15.2022.At the public hearing.the Commission moved to approve the subject Conditional Use Permit request. 1. Summary of the Commission public hearing: a. In favor: Connor Candrian,Applicant Architect b. In opposition: Ron Callison,Terri Frohnmayer,William Frohnmayer,Neal Stuart c. Commenting: Connor Candrian d. Written testimony: A petition signed by numerous neighbors that live within the Spurwing/Spurwing Challenge Subdivision. e. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. The primary concern is with excess traffic another restaurant with a drive-through will bring to the neighborhood. 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. Motion to approve Staff s recommended revision to condition A2.0 as stated in Staff s presentation as requested by the Applicant. Page 7 EXHIBIT A VII. EXHIBITS A. Proposed Site Plan(dated: 12/13/2022) SITE I�FaDIAIIpJ I 17 - CONCEPTUAL SITE PLAN-GUTHRIE'S .�^ CHINDEN AND LINDER CROSSING MERID",ID December IS,2021 Kimley Morn Page 8 EXHIBIT A B. Proposed Landscape Plan(dated: 10/18/2022) MMI. ------------------- kLK EASEMBff 10.2015071054 ----------------------- ------------- U.00 CONCEPT-NT SCHEDUM A�r Ll 00 Page 9 EXHIBIT A C. Building Elevations EXTERIOR FINISH SCHEDULE ELEVATION NOTES' NOTFOR CODE OESCRIRIION CONSTRUCTRUCT ION O ELEVATION KEYNOTES' hendw aliibcts Fc ......�...�,.,.� ®.�... ®� .osoa,. (1TYF.EI16�ETAiL w A2.1 EXTERIOR FINISH SCHEDULE ELEVATION NOTB-_ CODE OFSCRIRIION NOT FOR CONSTRUCTION uv�us w�R weu O ELEVATION KEYNOTES i _ rKa i.rf RrnRT .. _-s.- hCrYJOn andiktech rC - ZzAt— .� ® _ o:; r o� wo a � O A22 Page 10 EXHIBIT A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein [);MDA- 14-008,Development Agreement Instr. #2014-088001 (Chinden and Linder Crossing Subdivision)PP-14-011 (Chinden and Linder Crossing Subdivision);FP-14-041 (Chinden and Linder Crossing Subdivision)]. 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. The stacking lane,menu and speaker location(s),and window location shall be depicted in accord with UDC 11-4-3-11B. b. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. c. The pedestrian walkway from the perimeter sidewalk along Chinda-a the private drive on the southwest of the site to the main building entrance shall be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete,or bricks asset forth in UDC 11-3A-19B.4b.;the two additional require proposed pedestrian walkways to the main building entrance(s)may be striped. d. Depict signage ahead of each pedestrian crossing(s)in the drive-through lane(south and northeast)notifying drivers to watch out for pedestrians. e. Depict signage along the parking stalls to the north restricting the stalls for employee parking only to maximize pedestrian safety. f. Additional signage and parking lot striping is required throughout the site to efficiently and adequately direct patrons to the menu boards and throughout the site with minimal conflict. g. Depict landscaping in the perimeter buffer and within the parking area in accord with the standards listed in UDC 11-3B-8C. h. Depict signage ahead of each pedestrian crossing(s)in the drive-through lane(south and northeast)notifying drivers to watch out for pedestrians. i. Depict one bicycle rack as close to the building entrance as possible without obstructing pedestrian walkways,public sidewalks, or building entrance(s)in accord with UDC 11-5- 3C-5 and UDC 11-3C-6G. 3. Compliance with the standards listed in UDC 11-4-3-11— Drive-Through Establishment and 11-4-3-49—Restaurant is required. 4. Street buffer landscaping was installed within the street buffer along W. Chinden Boulevard with the Chinden and Linder Crossing subdivision improvements and must remain protected during construction on the site in accord with UDC 11-3B-1OC3. 5. Submit elevation of the trash enclosure that generally matches the proposed building design with the submittal of the CZC and DES application. 6. Business hours of operation within the C-C District shall be limited from 6:00 am to 11:00 pm Page 11 EXHIBIT A when the property abuts a residential use or district 7. Direct access via W. Chinden Boulevard is prohibited. At the time of the future Certificate of Zoning Compliance CZC) application, the applicant should provide written documentation of the recorded cross-access easement. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual and with the Development Agreement. 8. The conditional use permit is valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. B. PUBLIC WORKS Site Specific Conditions of Approval 1. A future install agreement will be required for the development of this property. This agreement will be for$14,000.00 for the cost of one streetlight to be installed after the final building out Chinden Blvd. General Conditions of Approval 1. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-313-6). 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 prior to receiving development plan approval. 2. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 3. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 4. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 5. 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. 6. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 7. 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. 8. 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. Page 12 EXHIBIT A 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. 11. 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. 12. 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. C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.oL-glWebLink/DocView.aspx?id=282199&dbid=0&repo=MeridianC ity D. NAMPA&MERIDIAN IRRIGATION DISTRICT https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=282304&dbid=0&repo=MeridianC ity IX. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. 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. Commission finds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-C zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Commission finds the proposed restaurant with a drive-through will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VIII of this report. 3. 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. Commission finds the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Commission finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section VIII of this report. Page 13 EXHIBIT A 5. 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. Commission finds the proposed use will be served by essential public facilities and services as required. 6. 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. Commission finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. 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. Commission finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Commission finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 14 E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Item #6: TM Creek Apartments Phase 4 (H-2022-0080) Application(s): Conditional Use Permit Size of property, existing zoning, and location: This site consists of 2.63 acres of land, zoned C-G, located south of W. Franklin Rd. and east of S. Ten Mile Rd. History: A DA exists that governs future development of this property. Comprehensive Plan FLUM Designation: Mixed Use – Commercial in the TMISAP Summary of Request: A CUP is proposed for a multi-family development consisting of 64 urban-style multi-family apartment units on 2.63 acres of land in the C-G zoning district. Two (2) 4-story structures are proposed with a mix of studio, 1-, 2- and 3-bedroom units ranging in size from 656-1,443 s.f. The gross density of the development is 28.6 units/acre. Access is proposed via a shared driveway from S. Benchmark Ave. with two (2) accesses off the shared driveway. Direct access to W. Franklin Road and S. Benchmark Avenue is prohibited. Landscaping is required to be provided within the street buffer along Benchmark Ave., within parking areas and along pathways in accord with UDC standards. Compliance with the specific use standards listed in the UDC for multi-family developments is required. The applicant has provided a revised open space that demonstrates compliance with quailed open space requirements of the UDC. The plan as proposed depicts approximately 1.55 acres of common open space which is 20.9% for the entire 7.41-acre development. Amenities are proposed that exceed the minimum UDC standards consisting of a clubhouse with fitness facilities, a bike repair room, entertainment/game area, parcel locker system, warming kitchen, pet grooming station, executive offices, golf simulator; outdoor swimming pool, grilling area, sports court (pickleball) and fireside seating. The Director approved the Applicant’s request for Alternative Compliance to the private usable open space standards for each dwelling unit as follows: 0 square feet (s.f.) for studio units; 70 s.f. for 1-bedroom units; 70 s.f. for the 2-bedroom units; and 71 s.f. for the 3-bedroom units. Conceptual building elevations were submitted for the proposed 4-story multi-family structures, the 2-story clubhouse and the single- story pool house as shown. Building materials consist of stucco and bricks in neutral colors. Final design is required to comply with the adopted TM Crossing Design Guidelines. Written Testimony: None Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0080, as presented in the staff report for the hearing date of January 5, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2022- 0080, as presented during the hearing on January 5, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0080 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Changes to Agenda: None Item #4: Dutch Bros. Ustick & Eagle (H-2022-0077) Application(s): Conditional Use Permit Development Agreement Modification (doesn’t require Commission action) Size of property, existing zoning, and location: This site consists of 1.2 acres of land, zoned C-G, located at the SWC of the intersection of N. Eagle Rd. & E. Ustick Rd. History: There is an existing DA that governs future development of this site. The concept plan included in the DA depicts (4) commercial buildings on the site with associated parking; the building approved at the SWC of the site includes a drive-through. Comprehensive Plan FLUM Designation: MU-R (Mixed Use – Regional) Summary of Request: The Applicant requests approval of a CUP for a drive-through establishment within 300’ of another drive- through establishment in the C-G zoning district. The proposed drive-through is associated with a 1,154 s.f. restaurant (i.e. coffee shop). Approval of the CUP is contingent upon Council approval of a modification to the existing DA to update the conceptual development plan for the site to allow for the proposed development. The proposed amendment to the DA will result in a reduction in commercial square footage due to the smaller footprint of the proposed use. Access is proposed via an existing driveway connection to a shared driveway from E. Ustick Rd. along the west boundary of the site and a recorded cross-access easement via N. Centrepoint Way, N. Cajun Ln. and E. Seville Ln. The access to Centrepoint Way to the west is indirect until such time the property to the west develops. Direct access via Ustick Rd. is prohibited. The proposed use is required to comply with the specific use standards for drive-through establishments listed in the UDC & referenced in the staff report. A restaurant is a principal permitted use in the C-G district. Additional parking is required for restaurant uses at one space per 250 s.f. of gross floor area. Based on 1,154 s.f. a minimum of 5 parking spaces are required; a total of 14 spaces are proposed, exceeding UDC standards. Conceptual building elevations were submitted for the proposed structure as shown. Building materials consist of fiber cement siding, CMU Willamette-Graystone, metal roofing, canopy soffit in natural north-western spruce, and glazing. Final design is required to comply with the design standards in the Architectural Standards Manual. Written Testimony: None Staff Recommendation: Approval Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0077, as presented in the staff report for the hearing date of January 5, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2022- 0077, as presented during the hearing on January 5, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0077 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #5: Sagarra (H-2022-0027) Application(s): Preliminary Plat & Planned Unit Development Size of property, existing zoning, and location: This site consists of 17.49 acres of land, zoned R-8 & C-C, located at on the south side of W. Orchard Park Dr., west of N. Fox Run Way & east of N. Linder Rd. History: This property was annexed in 2019 with the requirement of a DA, which was later modified in 2021. Comprehensive Plan FLUM Designation: Mostly MDR with some MU-C on the west end Summary of Request: A preliminary plat is proposed consisting of 114 building lots & 16 common lots (including 3 private street lots) on 17.49 acres in the R-8 & C-C zoning districts – to develop in two phases. A Planned Unit Development (PUD) for a 146-unit residential community containing a mix of SFR detached (32), SFR attached (38), townhome (38), and multi-family (38) units with a reduction to the setback requirements in UDC Table 11-2A-6. Because multi-family is proposed as part of the PUD, compliance with UDC 11-4-3-27 is required. The Applicant proposes to develop the site with a mix of residential uses consisting of single-family detached and attached homes, townhomes, and multi-family apartments/condos at a gross density of 8.35 units per acre consistent with the density desired in MDR and MU-C designated areas and in the development agreement (Comp plan allows you to round down to the nearest whole number). Access: Access is proposed via the extension of two existing local public streets, N. Arliss Ave. and W. Director St., and N. Bergman Ave. Two (2) local public street accesses (i.e. N. Bergman Ave. and N. Arctic Fox Way) are proposed via W. Orchard Park, a collector street. Private streets are planned for internal access off the public streets; an application for such will be submitted with the final plat application. Open Space and Amenities: A revised common open space exhibit has been submitted that depicts a total of 3.43 acres of qualified open space which exceeds the minimum standard by 0.69-acre. Amenities consist of 12’ wide multi-use pathway along the south & east boundaries of the site, a swimming pool with changing rooms & restrooms, tool library/community workshop, dog washing stations, outdoor activity complex, fire pits, BBQ area with tables and shade structures. All units are required to provide 80 square feet of private open space, unless otherwise approved through the alternative compliance process. Circulation Plan: The uses within the PUD are proposed to be interconnected through a system of local and private streets and pedestrian pathways. Parking: A revised off-street parking exhibit was submitted that demonstrates compliance with UDC standards and exceeds the minimum standards by 16 spaces – an additional 122 on-street parking spaces are also available. Elevations: Conceptual building elevations were submitted for the proposed residential structures. A mix of 1-, 2- and 3-story structures are proposed in a variety of construction materials and styles. Final design of the structures must adhere the design standards in the ASM. Written Testimony: Michael & Linda Arnold – request for denial of the project as currently submitted due to the following reasons: 1) inconsistent with the MDR FLUM designation; 2) insufficient parking; 3) different design than the surrounding residential developments; 4) on-street parking along Bergman should be eliminated, and 5) project is too dense. Staff Recommendation: Approval per the conditions in the staff report Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0027, as presented in the staff report for the hearing date of January 5, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2022- 0027, as presented during the hearing on January 5, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0027 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Planning and Zoning Commission Meeting January 5, 2023 Item #4: Dutch Bros. Ustick & Eagle AERIAL MAPZONING MAPFUTURE LAND USE MAP Conditional Use Permit – Existing Concept Proposed Concept Plan Site PlanLandscape Plan Item #5: Sagarra AERIAL MAPZONING MAPFUTURE LAND USE MAP Preliminary Plat & Planned Unit Development– LegendLegendLegend \[\[\[ Project LocationProject LocationProject Location RUT R-8 C-CC-3 R-4R1 CHINDEN CHINDENCHINDEN MUMU C-N C-C R-15 C-G MU-C C-C LINDER LINDER LINDER OfficeMedium Density RUT R-4 R-8 L-OResidential MU-N RUT Civic Preliminary Plat Landscape Plan (revised) Common Open Space Exhibit (revised) Site Amenity Exhibit Proposed Reductions to R8 Setbacks- Parking Diagram (revised) Vehicular & Pedestrian Circulation Plan Conceptual Building Elevations SingleTownhomesFamily Attached - MultiFamily/Condos-MultiFamily- Amenity Buildings WorkshopCommunity ClubhouseCommunity Item #6: TM Creek Apartments Phase 4 AERIAL MAPZONING MAPFUTURE LAND USE MAP Conditional Use Permit– Site PlanLandscape Plan Qualified Open Space Exhibit Apartment Elevations Clubhouse ElevationsPool House Elevations W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Dutch Bros Ustick and Eagle (H-2022-0077) by Andrew Bowman, Barghausen Consulting Engineers, Inc., located at the four (4) lots at the southwest corner of N. Eagle Rd. and E. Ustick Rd. intersection Application Materials: https://bit.ly/H-2022-0077 A. Request: Conditional Use Permit for a new 1,154 square foot, dual drive-through Dutch Bros. coffee restaurant on approximately 1.2 acres of land in the C-G zoning district. B. Request: Development Agreement Modification to allow the requested drive-through use by updating the overall concept plan of the approved Development Agreement (Inst. #2019- 121599). PUBLIC HEARING SIGN IN SHEET DATE: January 5, 2023 ITEM # ON AGENDA: 4 PROJECT NAME: Dutch Bros Ustick and Eagle (H-2022-0077) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN�. COMMUNITY DEVELOPMENT DEPARTMENT J A H HEARING Janaury 5,2023 Legend ----- ------ DATE: Project Location TO: Planning&Zoning Commission FROM: Stacy Hersh,Associate Planner 208-884-5533 L _J SUBJECT: H-2022-0077—Dutch Bros Ustick& E=USTIC ® E-USTICK=RD`- Eagle MDA,CUP __ a E ' W � LOCATION: 3117 E.Ustick Rd., in the NE 1/4 of W Section 5,Township 3N.,Range lE. Z W a } _Z W ; (Parcel#R9161790045) - �-' a W E j' Z W 3 a v z W LN ; j Z I. PROJECT DESCRIPTION The Applicant has submitted an application for a modification to the existing Development Agreement(H- 2019-0082, Inst. #2019-121599)to update the existing concept plan; and conditional use permit to construct a new 1,154 square foot restaurant with associated drive-through on approximately 1.2 acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.29-acre property(MDA Agreement); 1.194(Conditional Use Permit) Future Land Use Designation MU-R(mixed-use regional) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Dutch Bros.Coffee(restaurant with a drive-through) Current Zoning C-G Physical Features(waterways, The Milk Lateral runs along north and east boundaries of site hazards,flood plain,hillside) Neighborhood meeting date;#of 9/27/2022;4 attendees attendees: 010 Page 1 Description Details Page History(previous approvals) MDA H-2019-0082(DA#2019-121599);PP H-2020-0104 (Wadsworth Meridian Subdivsion)A-2019-0376;A-2021- 0010(site improvements)A-2021-0012(CZC/DES);PBA- 2021-0020(Property Boundary Adjustment);MDA H-2021- 0104(Denied) B. Community Metrics Description Details Ada County Highway Not yet received District • Staff report(yes/no) Not yet received • Requires ACHD No Commission Action (yes/no) Traffic Impact Study No es/no Access Access is proposed from E.Bourbon Street via E.Ustick Road. at the west boundary of the (Arterial/Collectors/State site. Hwy/Local)(Existing and Proposed) Trip Generation C. Project Area Maps Future Land Use Map Aeria Map Legend 0 Legend r Project Location a Project Location r VLA , 0 a o z l r Z �►_: r-1 F MU E USTIC E USTICK RD i, E'USTICK P E U.STiICK E E-r. TECATE ►' _ TECATE w LN �. W MU-RG - v J w 3 Z MODELO -J LN z z Page 2 Zoning Map Planned Development Map Legend 0 Legend Project Location Project Location �® �z-. City Limits U —Planned Parcels F- C-N CGL _ E USTIC -E USTICK RD E-US-TIC - E-USTICK-RD TE AT � a E I R-2 E .-- G LN � p R-8 -, Q J J J ' w 3 (� E / 0 E R 8 Z Q MODELO W R-2 " W LN LN z Z R/� R-15 RUT Z, ,, _ ___ =R1�1 Y R-2 III. APPLICANT INFORMATION A. Applicant: Andrew Bowman,Barghausen— 18215 72°a Avenue South,Kent WA 98032 B. Owner: Leo Betz,Wadsworth Development Group— 166 East 14000, South, Suite 210,Draper,UT 84020 C. Agent/Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 11/30/2022 Radius notification mailed to properties within 300 feet 11/13/2022 Public hearing notice sign posted 12/28/2022 on site Nextdoor posting 11/28/2022 V. COMPREHENSIVE PLAN (HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAl�: Land Use: This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map(FLUM). The purpose of the MU-R 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 Page 3 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. The subject site is part of a much larger MU-R area along the Eagle Road corridor that includes a mix of residential and commercial uses. Therefore, Staff believes the proposed project is generally consistent with the MU-R designation. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /g compplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic vitality."(3.06.02) The proposed use will contribute to the mix of uses in this area that ensure the livability and economic vitality of the community. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The subject mixed-use area currently contains a number of retail, restaurant, office, and residential uses and will eventually include a multi family development directly to the west. To the north are a number of big box stores (Kohl's, Dick's, and Hobby Lobby) and the new Brickyard vertically integrated development; to the northeast is Lowe's and various other commercial and restaurant buildings; to the east is Trader Joes's, multiple restaurants, and the Verraso townhomes; and to the southeast are traditional garden style apartments, restaurant users, and The Village. The proposed Dutch Bros. coffee restaurant will contribute to the mix of uses in this area and provide a drive-through coffee chain option to area residents within close proximity to nearby residential developments. The proposed use will also provide employment opportunities to nearby residents. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A). A 10 foot wide pathway is proposed within the buffer along the entire frontage off. Eagle Rd and was constructed under the approved CZC(A-2021-0010). There is a 5-foot wide detached sidewalk within the landscape buffer to Ustick Road per the conditions of approval in the existing CZC. The sidewalk will connect to the multi-use pathway at the intersection of Ustick and Eagle Road. Minimum 5-foot wide sidewalks will be required adjacent to all commercial buildings within the Wadsworth Meridian Subdivision development and along the main driveways within the site for pedestrian connectivity and easy access within the mixed-use development. • "Minimize noise, lighting,and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.0117) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. VI. STAFF ANALYSIS A. PROPERTY HISTORY In 2019, a DA Modification was approved to remove the subject site from the original DA to enter into a new one specific to this site(H-2019-0082,DA Inst. #2019-121599). Subdivision approval was granted consisting of 5 commercial building lots. Several administrative approvals have been granted on the subject site: A-2019-0376&A-2021-0010(CZC for the parking lot, landscaping, and other relevant site Page 4 improvements); A-2021-0012 (CZC and Design Review approval of the southwest multi-tenant building); PBA-2021-0020 (boundary adjustment to remove a lot along the north boundary creating 4 buildable lots instead of 5). In 2022,the City Council held a public hearing to consider the Applicant's request to modify the existing Development Agreement(MDA) (H-2021-0104)for the purpose of updating the concept plan to show two-drive-through uses along the north boundary instead of two larger commercial buildings. The proposed concept plan,ingress, egress,and internal traffic circulation was found to be detrimental to the community. After carefully considering all the testimony received and all the information in the record, the City Council found that the Applicant failed to demonstrate that the Applicant's proposed new plan was superior to the existing one therefore, City Council denied the application which has necessitated the need for the applicant to reapply for another amendment.. T B. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The existing concept plan within the approved Development Agreement(DA) (Inst. #2019-121599) depicts four buildings on the subject site (Exhibit VLA below)with the two closest to the north boundary and Ustick Road being multi-tenant buildings or similarly sized commercial buildings. Since this concept plan was approved the property has changed ownership and according to the new owners,the existing concept plan is not best suited for site development. Therefore,the Applicant is requesting to modify the existing DA for the purpose of updating the concept plan to show a Dutch Bros. Coffee restaurant with drive-through use along the northwest boundary instead of one larger commercial building. None of the existing provisions contained within the recorded DA preclude additional drive-through uses from occurring on the property—the approved multi-tenant building in the southwest corner of the site is approved with a drive-through. Because of this existing drive-through approval,the request would conceptually allow two (2)drive-throughs within this project. The new drive-through shown on the updated conceptual development plan will need to obtain Conditional Use Permit(CUP)approval prior to submitting for building permits because of the existing drive-through noted. In addition,the proposed concept plan shows a reduction in commercial square footage due to a smaller footprint proposed for the Dutch Bros site. Access to the development is existing via a drive aisle connection to a shared driveway from E. Ustick Rd. approved with the Centrepointe Mixed-Use MDA(H-2022-0035) along the west boundary of the site and a recorded cross-access easement via N. Centrepoint Way,N. Cajun Ln. and E. Seville Ln. The Applicant is not proposing any revisions to the ingress/egress for the overall site but access to Centrepoint Way to the west is indirect until such time the property to the west develops. Within the site, preliminary analysis shows that there should be ample parking for the four(4)proposed buildings and their uses(three restaurants, one multi-tenant retail building, and one urgent care/clinic) and internal circulation shown on the concept plan should meet all requirements of the UDC. C. CONDITIONAL USE PERMIT(CUP) Conditional use permit for a new 1,154 square foot dual drive-through Dutch Bros. coffee restaurant on approximately 1.2 acres of land in the C-G zoning district to allow the requested drive-through use within 300 feet of another drive-through facility. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysislcomments in italic text) Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment. All establishments providing drive- through service are required to identify the stacking lane,menu and speaker location(if applicable), and window location on the site plan.A menu board location should be depicted on the plans. The site plan Page 5 is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and the public right-of-way by patrons; The concept plan shows the stacking lane is a separate lane from the drive aisles and parking which provides access to the rest of the development. The proposed site layout places a drive-through that starts at the southwest side of the building and exits at the southeast side of the building facing N. Eagle Road. Approximately 524 feet of stacking space is available behind the drive-through window to provide queuing for up to 26 vehicles. Dutch Bros. coffee has proposed implementing a runner system at the facility that is designed to increase speed and efficiency in servicing the drive-through customers; as well, employees will travel from vehicle to vehicle to greet and take customer orders. The "Runners" will utilize a handheld device to transmit customer orders to the multiple drink stations inside the building. Additionally, "Runners"will charge customers while in line, so by the time they arrive at the service window, they may pick up their order and be on their way. This system decreases wait times while allowing the "Runners"to have a more personal face-to face interaction with the customers. The drive-through will not include any speaker boxes. All customer orders are taken in person either at the window or with a runner that carries a handheld device to transmit orders to the kitchen. This order process will minimize noise impacts and also decrease the amount of vehicle idling at menu boards that are common at traditional drive-through facilities. If there was additional or excessive overflow from the drive-through lane which does sometimes occur from drive-through establishments at peak times, it would stack into the parking lot from the west, not into N. Cajun Lane or E. Ustick Road. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from the circulation lanes needed for access and parking. 3)The stacking lane shall not be located within ten(10) feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape lane; and The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed prior to approaching the ordering window on the southeast side of the building. 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located on the south side of the building and is visible from the N. Eagle Road and the drive aisle along the south side of the building for surveillance purposes. Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific use standards as required. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49 Restaurant,which requires at a minimum,one(1)parking space to be provided for every 250 square feet of gross floor area(see parking analysis below). Page 6 Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. Access(UDC 11-3A-3): Access is proposed on the site plan from E. Bourbon Street, a local street on the west side of the property, and the private road to the south, granted through a Mutal Access Easement—Instrument#106169335. A cross-access easement exists between Wadsworth Meridian Subdivision and the property to the west(parcel # S1105110111)depicted on the recorded plat for Wadsworth Meridian Subdivision. Cars will enter the site from the west and will either park in the lot in front of the drive-through or continue to the east along one of the two 12' drive-through lanes merging to the coffee kiosk and exiting back to the same drive aisle to the south. There is an escape lane provided just south of the coffee kiosk that exists to the same drive aisle to the south. Direct access via E.Ustick Road is prohibited. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required per 250 square feet(s.£) of gross floor area. Based on 1,154 s.£, a minimum of 5 parking spaces are required.A total of 14 parking spaces are proposed, exceeding UDC standards. A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the plans submitted with this application. Pedestrian Walkways: A pedestrian walkway is proposed from the pation on the east side of the building to the pedestrian pathway along Eagle Road as required by UDC I I-3A-19.B.4. Per the Development Agreement(Instrument#2019-121599), a 10-foot wide multi-use pathway with a use easement and pedestrian lighting and landscaping shall be installed adjacent to N. Eagle Road/SH- 55 as set forth in UDC 11-3H-4C.3 with the site improvements approved with CZC (A-2021-0010). Landscaping(UDC 11-3B1: Street buffer: The street buffer along N. Eagle Road and E.Ustick Road are required to be constructed with the improvements for the Wadsworth Meridian Subdivision along with the approved CZC(A-202 1-00 10)for the common area site improvements. Per UDC 11-3B-7.C.3,All required landscape buffers along streets shall be designed and planted with a variety of trees,shrubs,lawn,or other vegetative ground cover. Plant materials in conjunction with site design shall elicit design principles including rhythm,repetition, balance, and focal elements. The landscape buffers shown on the landscape plan are sparse, Staff recommends adding more of a mix of shrubs and River Rock Mulch to the northwest corner of the site fronting Ustick and along the north and south of the drive-through lanes. Parking lot: Landscaping is required in the parking lot per the standards in UDC 11-3B-8C.1. The perimeter landscape buffer shall be planted with one Class II or Class III tree per thirty-five(35) linear feet and shrubs,lawn,or other vegetative ground cover. The perimeter landscape buffer next to the drive-through lane on the west side of the site is missing a mix of trees, shrubs,and River Rock mulch on the landscape plan submitted with the CUP.All other landscaping appears to comply with UDC standards. With the CZC submittal,the landscape plan should be revised to show the required mix of materials (i.e.,trees,shrubs,River Rock Mulch)in the landscape buffer adjacent to Ustick Road,and to the parking lot perimeter landscape buffers to the north,south, and west of the drive-through lanes. Page 7 Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C. Details of the lighting proposed on the site that demonstrate compliance with the standards listed in UDC 11-3A-11 should be submitted with the Certificate of Zoning Compliance application. Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be roof-mount, all equipment should be screened and out of view as noted above. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VII.E. Building materials consist of fiber cement siding, CMU Willamette-Graystone,metal roofing,canopy soffit in natural north-western spruce, and glazing. The elevations appear to generally comply with the standards in the Architectural Standards Manual;however,a detailed review will take place with the administrative Design Review application. Certificate of Zoning Compliance (UDC 11-5B-1): A Certificate of Zoning Compliance(CZC) is required to be submitted for the proposed use prior to the submittal of a building permit application to ensure compliance with UDC standards and the conditions listed in Section X. Administrative Design Review(UDC 11-5B-8): An application for administrative Design Review is required to be submitted concurrently with the CZC application. The design of the site and structures is required to comply with the standards listed in UDC I I- 3A-19 and in the Architectural Standards Manual(AS*. VII. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. Page 8 VIII. EXHIBITS A. Existing Conceptual Development Plan&Building Elevations UM k% VA WAJF _ r II li =r 5 usnac ..�CK Page 8 Mwidiin City Council Maetg Aapnda September 17.2019- Page fM of 259 Page 9 B. Proposed Conceptual Development Plan �E USTICK RD. T I yI`I� SE � S1 LOT 7-.53 ACRES 91 LOT 3.119 ACRES _ r 61 II _ Z LU 1 f-"�J 'LL Irk / [7 i ZJ2 g i LLI APPROYEO - MULTLTENANr RUILOING E- 1r rI 8,au sgET -- I, DALTON ROYAL JAJANA ' E.Px JUICE LYfIiREI, E.01 O- � ' >LrnsaET Y II j LEGEND: MAIN PROPERTY LINE OF THE DEVELOPABLE SITE - -__- INDIVIDUAL PARCEL PROPERTY LINES _ I CONCEPTUAL SITE PLAN [qm strewn SO-01 Page 10 C. Proposed Dutch Bros. Coffee Site Plan(date: 10/11/2022) 1 MUCH WOOS.COFFEE-ID060S-MERIDIAN,D PRELIMARY WM PLAN � ---E. 115TICK ROAD --�------�- �—"---- —�----�- -- 5k G - -- - - - - - - = --= Par�xEEx oEVELaPEn RiOJEGJ DATA -�:': '..':'.:''.'...-:_::�: : .. •I .'1 �- I n n .is I SIZE INFORYAl1ON 0.�IPII. •.•• ® an ` •�—xe. er�4w , , '• • ' 4 I I Qi EIIExOEYELOPMEM NOTES OC ; -- -- ------------- - - �`-_ -_y �'ACw`..s .i I ------.nm.v I n. - - end a I -------------- ---- i; II 1 PRELIMINARY NOT FOR CONSTRUCTION "¢ Page 11 A Proposed Dutch Bros. Coffee Landscape Plan(dated: 7/21/2022) '.o DUTCH BROB.COFFEE-ID06DB-MERIDIAN,D uI i LANDSCAPE PLANTING a PL4M SC:EOIILE '��� �v..M vm w a+aw _ W E-U i.k Road - - `�� �• o ffo� E 0 _06 LE a I 2ez F; p II` ei PRELIMINARY nNOT FOR CONSTRUCTION o Ids Page 12 E. Dutch Bros. Coffee Proposed Elevations (Not Approved) SIDING SCHEDULE DUTCH BROS FA mur�wE4l SCALE: &W=T GNICH pRpFgRpg COFFff IDOB091 SOASEUSTICI(ROAD I MERfC1AN,ID 83698 v s iv EASTELEVATION ARCHTECTURE ,5 DI U. 10015E SANDY BLY➢,SDITE 100 I I-ND,M M14 wxw.Gn'xYNMmn �.SRi55299'/9 1 SRi241]955 ADGUST 02,2Y12 PAGE M - SIDING SCHEDULE I DUTCHBRos 059 �a3 �,un saeo wiww a _ SCPiE� 3�8"=t'-0" GNICH BIRCHBROSCDEFff 111 O 13 EUSTICKRDAD I MERIDUW,IDG3 ^ NORTH ELEVATION-WALK-UP WINDOW ARCHITECTURE STUD O _ 1WI SE SANDY BLVD,SUIT£ILO I PORT D,OR 9T214 I wvnv.GTiiJuNimm I M..552.W79 I L 505241.70%1 AIGUSTM,2022 PAGE M Page 13 SIDING SCHEDULE I DUTCNBROS eo m� SCALE: 318'=V * GNICH III 1 111 O EUSTICKROAD I MERIDMJDB3 � s 1n WESTELFVATION ARCHITECTURE 'STUDO 1001 SE SANDYBLVD,SUITE 1001 PORTLAND,OR M14I awrw.GndAh—Iv.503.552.9079I 1503241.100 AUGUST02,2022 PAGE A] sSIDING SCHEDULE �® I DUTCk BROS —at- ur'�",.'\ �UVII�JL°% O rca,rcere u,eam.eaEx.w m ��� ZI GNICH DUTCH BROS COFFEE I ID060013085 EUSTICK ROAD I MERIMAN,ID 63646 v SOUTN5ELEVATIONP ORIVETHRUMNDOW ARCK rFc I a hI 'STUDIO— -SUITE 1001 PORTLAND,OR 97214 vmw.GnidWrh mm v_503552 W791 f S 2417M AUGUST 02,Mn PAGE AB Page 14 FIBER CEMENT BOARD FIBER CEMENT BOARD FIBER CEMENT BOARD CMU MANUFACTU, NICHIHA -AfTURER_NIMHA MANUFACTURER'.NICHNI MANUFACTURER WIL AMET F- PROFILE:ILLUMIINIATION LE.ILLUMUNIATION PROFILE'.VINTAGEWOOO GRAYSTONE COLOR:BLDG DB BLUE _.__ BLDG DB DARKGRAY COLOR:ASH PROFILE:SLR FACE COLOR:CHAHCOAI-,OR SIM. CANOPY SOFFIT WIMDOWSYSTEM AMNEMADODNS-PAINT ROOFING MATERIAL MANUFACTURER:HEWN MANUFACTURER:KAYRFER OR SIMILAR MANUFACTURER'.SIERWIN-WILLIAMS MANI,- DURO-LAST PROFILE:NWSPRUCE PROFILE:CLEARANOD®ALUMINUM COLOR:BLDG DB GRAY DARK DL-60-60 MIL NATURALBSEALED FINISH'CLEARN01411T WHITE 'yyyy� COLOR:PER MFR.'�11 CTJRE DUTCH OROS COFFEE I IW 13055 E USRIX ROAD I MERIDIAN,1D 83548 MATERIAL BOARD IW7 SESMdYBLVD.SMITE 100 I PORTIAND.OR T1214I xw GnddiAivh n I e5O5.5529079 I L5O5241.7fl55 I AWUST02,N7L PAGE A9 L IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The amended DA shall be signed by the property owner(s)and returned to the City within six (6) months of City Council granting the subject modification. A certificate of zoning compliance and administrative design review application cannot be submitted until the DA is executed. Applicant shall develop the property consistent with the conceptual development plan in Section VIII.B Conditional Use Permit: 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. The stacking lane,and menu location(s),and window location shall be depicted in accord with UDC 11-4-3-IIB. b. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. c. Additional signage and parking lot striping is required throughout the site to efficiently and adequately direct patrons to the menu boards and throughout the site with minimal conflict. e. Depict landscaping in the landscape buffer along E.Ustick in accord with the standards listed in UDC 11-3B-7C.3; landscape buffers along streets shall be designed and planted with a variety of trees, shrubs,lawn,or other vegetative ground cover that elicit design principles including rhythm,repetition,balance, and focal elements. With the CZC submittal,the landscape plan shall be revised to show the required mix of materials(i.e.,trees, shrubs, River Rock Mulch)in the landscape buffer adjacent to Ustick Road. f. Depict landscaping in the perimeter buffer along the drive aisles and drive-through lanes in accord with the standards listed in UDC 11-3B-8C; the perimeter landscape buffer shall be planted with one Class II or Class III tree per thirty-five(35) linear feet and shrubs, lawn,or other vegetative ground cover. With the CZC submittal,the landscape plan shall be revised to show the required mix of materials(i.e.,trees, shrubs,River Rock Mulch)in the parking lot perimeter landscape buffers to the north, south, and west of the drive-through lanes. £ Depict signage ahead of each pedestrian crossing in the drive-through lane notifying drivers to watch out for pedestrians. 3. Compliance with the standards listed in UDC 11-4-3-I1—Drive-Through Establishment and standards listed in UDC 11-4-3-49—Restaurant is required. 4. Per the Development Agreement(Instrument#2019-121599),a 10-foot wide multi-use pathway with a use easement and pedestrian lighting and landscaping shall be installed adjacent to N. Eagle Road/SH-55 as set forth in UDC 11-3H-4C.3 5. Submit elevation of the trash enclosure o that generally matched the proposed building design. 6. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual and with the Development Agreement. Page 16 7. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Ensure no sewer services cross infiltration trenches. 2. Minimum 14 foot wide paved or gravel road required to existing sewer manholes in the sidewalk adjacent to Eagle Rd. 3. Ensure that trees are not planted in easements for water services. 4. Any unused fire line stubs must be abandoned per City Standards. 5. The existing public water easement does not cover all of the existing water service and water meter. A public water easement will be required over any portion. General Conditions of Approval 1. 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. 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. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). 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 prior to receiving development plan approval. 3. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 4. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 5. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 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. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. 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. Page 17 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 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. 13. 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. C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) No comments were submitted. F. ADA COUNTY HIGHWAY DISTRICT(ACHD) No comments were submitted. G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=282984&dbid=0&r0o=MeridianCitX X. FINDINGS A. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section VI for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds the proposed restaurant with a drive-through will be harmonious with the is allowed as a Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VI of this report. 3. 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. Page 18 Staff finds the design, construction, operation and maintenance of the proposed use will be be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff ,finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. 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. Stafffinds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. 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. Stafffinds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). Stafffinds the proposed use will not result in the destruction, loss or damage of any such features. Page 19 V IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Sagarra (H-2022-0027) by Accomplice, located at south side of W. Orchard Park Dr., west of N. Fox Run Way and east of N. Linder Rd. Application Materials: https:Hbit.ly/H-2022-0027 A. Request: Preliminary Plat consisting of 114 building lots and 16 common lots (including 3 private street lots) on 17.49 acres in the R-8 and C-C zoning districts, a Planned Unit Development for a residential community containing a mix of single-family detached, single- family attached, townhome and multi-family units with a reduction to the setback requirements in UDC Table 11-2A-6 and an Alternative Compliance to UDC 11-4-3-27B.3, which requires the provision of 80 square foot private usable open space area for each multi-family unit to allow zero (0) for studio/flat units and two private streets. PUBLIC HEARING SIGN IN SHEET DATE: January 5, 2023 ITEM # ON AGENDA: 5 ffo � PROJECT NAME: Sagarra (H-2022-0027) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING January 5,2023 Legend o Grp 0 DATE: Continued from:December 1, 2022 DProject Location TO: Planning&Zoning Commission 1 FROM: Sonya Allen,Associate Planner 208-884-5533 ------- SUBJECT: H-2022-0027ELM Sagarra—PUD,PP (aka Linder Village) LOCATION: South side of W. Orchard Park Dr.,west of N. Fox Run Way, east of N. Linder o Rd. in the NW 1/4 and NE 1/4 of Section 25,TAN.,R.1 W. (Parcels #R5262501800 R5262502100 & #R6905540100) I. PROJECT DESCRIPTION Preliminary plat(PP) consisting of 114 building lots and 16 common lots(including 3 private street lots)on 17.49 acres in the R-8 and C-C zoning districts; and a Planned Unit Development(PUD)for a residential community containing a mix of single-family detached, single-family attached,townhome and multi-family units with a reduction to the setback requirements in UDC Table 11-2A-6. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 17.49-acres Existing Zoning R-8(Medium-Density Residential)&C-C(Community Business) Future Land Use Designation Mixed Use—Community(MU-C)&Medium Density Residential(MDR) Existing Land Use(s) Vacant/undeveloped land Proposed Land Use(s) Single-family residential(attached&detached units)(SFR)&multi- family residential(MFR) Lots(#and type;bldg./common) 114 buildable lots& 16 common lots(including 3 private street lots) Phasing Plan(#of phases) 2 phases Number of Residential Units(type 146 units(32 SFR detached units,38 SFR attached,38 townhomes&38 of units) MFR units) Density(gross/net) 8.35(gross)/16.30(net) Common Open Space(acres/%) 4.34 acres(24.8%) Site Amenities 12'wide multi-use pathway along the south&east boundaries of the site, a swimming pool with changing rooms&restrooms,tool Page 1 Description Details library/community workshop,dog washing stations,outdoor activity complex,fire pits,BBQ area with tables and shade structures Physical Features(waterways, The North Slough crosses this property. hazards,flood plain,hillside) Neighborhood meeting date 1/27/22 1 History(previous approvals) H-2017-0088(AZ,PP,VAR)(Development Agreement Inst.#2019- 02837 ;H-2021-0034(MDA,Inst.#2021-102392);FP-2020-0004 7 B. Community Metrics Description Details Ada County Highway or District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was prepared by Kittleson&Associates,Inc. in es/no 2017. Access Access is proposed via the extension of existing local streets,which connect to (Arterial/Collectors/State W. Orchard Park Dr.,a collector street;private streets are planned for internal Hwy/Local)(Existing and access to some of the units. Proposed) Traffic Level Of Service Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service "SH-20126 0-feet Expressway 1,406 N/A Chinden Boulevard Linder Road 0-feet Principal 924 Better than"E" Arterial Fox Run Way 0-feet Collector 105 Better than"D" Orchard Park Drive 1,935-feet Collector NIA Better than"D" "Arliss Ave 50-feet Local NIA NIA "Bergman Ave 960-feet Local NIA NIA "Director Street 52-feet Local 65 N/A Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH). Acceptable level of service for a two-lane collector is"D"(425 VPH). ""ACHD does not set level of service thresholds for State Highways or Local Roadways. Stub N.Arliss Ave.,W.Director St.and N.Bergman Ave.,existing local streets,stub Street/Interconnectivity/Cros to this site from the south and east and will be extended with development. s Access Existing Road Network W. Orchard Park Dr.,a collector street,exists between N.Linder Rd.,an arterial street,and N.Fox Run Way,a collector street. Existing Arterial Sidewalks/ There are no arterial streets that abut this site. Buffers Proposed Road Capital Improvements Plan(CIP)l Integrated Five Year Work Plan(IFYWP): Improvements • Linder Road is scheduled in the IFYWP to be widened to 5-lanes and enhanced with pedestrian and bicycle improvements from Chinden Boulevard to State Street in the future. • Linder Road is scheduled in the CIP to be widened to 7-lanes from Chinden Boulevard to State Street between 2026 to 2030. • Linder Road is scheduled in the IFYWP to receive three bridge replacements over the Boise River,Eureka Canal,and the Phil lis Canal in the future. • Fox Run Way is scheduled in the IFYWP to receive bicycle corridor improvements from Pine Ave to Temple Drive in the future. • Cayuse Creek Drive is scheduled in the IFYWP to receive bikeway signage in 2026. Page 2 Description Details West Ada School District No comments were received from WASD • Distance(elem,ms,hs) • Capacity of Schools • #of Students Enrolled • Predicted#of students generated from proposed development Police Service • Distance to Police 5.6 miles Station • Police Response Time 4:37 minutes in an emergency(meets the goal of 3-5 minutes) • Calls for Service 2,465 within a mile of the site between 5/1/20 and 4/30/22 • Accessibility If climate controlled hallways are proposed in multi-family structures,PD requests further discussions with developer on plans for emergency police access. • Specialty/resource needs None—MPD can service this development&already serves this area. • Crimes 330 within a mile of the site between 5/l/20 and 4/30/22 • Crashes 128 within a mile of the site between 5/1/20 and 5/30/22 • Other For more info, see Section VIILD Wastewater • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/concerns Water • Distance to Water Services • Pressure Zone • Estimated Project Water See application ERU's • Water Quality Concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns Page 3 1 1 1 ON IIIrifill a►���� ONE L&A __nwn= �■ �I�.r =uunum . 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NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 11/16/2022 newspaper Notification mailed to property owners within 300 feet 11/10/2022 Applicant posted public hearing notice on site 11/2/2022 Nextdoor posting 11/10/2022 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the majority of this site as Medium Density Residential(MDR)with some Mixed Use—Community(MU-C) on the west end. The MDR designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services. The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional(MU-R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3C. Transportation: ACHD's Master Street Map doesn't depict any collector streets planned across this site. Valley Connect 2.0 identifies a future express bus route on Chinden Blvd. and secondary bus route on Linder Rd. The higher density is supportive of future transit service. A Traffic Impact Study(TIS)was prepared by Kittleson&Associates,Inc. in 2017. Proposed Development: The Applicant proposes to develop the site with a mix of residential uses consisting of single-family detached and attached homes,townhomes, and multi-family apartments/condos at a gross density of 8.35 units per acre consistent with the density desired in MDR and MU-C designated areas and in the development agreement. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. Urban services are available to be provided upon development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land."(3.07.00) The proposed residential development should be compatible with existing adjacent residential uses. The proposed site design, which provides a transition in density and single-family detached homes with a 35 foot wide linear common area between the proposed development and the existing development with single-family detached homes, should minimize conflicts. Page 5 • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.0213) The proposed development will provide housing in close proximity to the MU-C designated area to the north where a mix of uses are planned, which will reduce vehicle trips and enhance overall livability and sustainability. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) The proposed site plan depicts a linear common area with a pedestrian pathway along the south and east perimeter boundaries of the site, which will connect with pedestrian facilities to the north in the mixed-use development. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police and Fire Dept. fall within established response time goals. • "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities." (2.02.01A) Safe pathway connections should be provided from the proposed development to the mixed-use development to the north. Usable open space and quality amenities are proposed. • "Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map."(2.02.01E) The proposed residential development is located in close proximity to employment, shopping, restaurant and civic uses to the north and near US 20-26/Chinden Blvd., a major transportation corridor. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban infrastructure as noted is required to be provided with development in accord with UDC standards. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above and with the existing development agreement for this site. Page 6 V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Preliminary Plat: The proposed preliminary plat is a re-subdivision of Lot 2,Block 2 and Lot 1,Block 3,Linder Village Subdivision and Lot 1,Block 2,Paramount Point Subdivision. The plat consists of 114 building lots and 16 common lots(including 3 lots for private streets)on 17.49 acres of land in the R-8 and C-C zoning districts. Note:ACHD has provided written consent for the right-of-way for N. Bergman Ave. to be included in the proposed plat. The Applicant proposes to develop the project in two(2)phases with the western portion of the site first, followed by the eastern portion of the site, as shown on the phasing plan in Section VII.A. Existing Structures/Site Improvements: There is an existing street buffer along W. Orchard Park Dr. on this site consisting of an 8-foot wide parkway and 5-foot wide detached sidewalk with grass on the back side of the sidewalk; street trees are provided within the buffer. The C-C zoned lot(Lot 8,Block 4)was fully landscaped with Paramount Point Subdivision(SHP-2020-0082),the commercial development to the north.North Bergman Ave.has been extended through this site. There are no existing structures on the site.Note: The Applicant's narrative incorrectly states a 10 foot wide multi-use pathway exists along W. Orchard Park Dr. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 district.A reduction to the setback requirements in UDC Table 11-2A-6 is requested with the PUD request(see below). The final plat should graphically depict zero(0)lot lines on internal lot lines where single-family attached and townhome structures are proposed(i.e. where structures will span across lot lines). Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3 unless otherwise modified through the proposed PUD. Access(UDC 11-3A_3): Access is proposed via the extension of two existing local public streets,N. Arliss Ave. and W. Director St., and N. Bergman Ave. Two(2)local public street accesses(i.e.N. Bergman Ave. and N.Arctic Fox Way) are proposed via W. Orchard Park, a collector street. Private streets are planned for internal access off the public streets; an application for such will be submitted with the final plat application. All private streets shall comply with the standards listed in UDC 11-3F-4. The Applicant should work with ACHD and the Fire Dept. on traffic calming measures to slow traffic on Bergman Ave. and W.Bacall St. as noted in the Development Agreement.Details of such should be included with and depicted on the final plat. Pathways(UDC 11-3A-8): The Pathways Master Plan doesn't depict any pathways across this site.A 12-foot wide asphalt access road/pathway is proposed within the linear common area along the south and east boundaries of the site in accord with the development agreement. Several micro-paths are proposed for internal connectivity and access to the sidewalk along Orchard Park Dr. and to the pathway along the south and east boundaries of the site; micro-paths on private building lots should be depicted in public use easements on the plat.Internal pedestrian pathways are also proposed within the multi-family portion of the development. The Applicant plans to propose two(2)crossings across Orchard Park Dr. for connectivity between the proposed residential development and the mixed-use development to the north with one or both being Page 7 smartwalks. The first is proposed just south of the library and the second just west of Bergman with the intention of connecting the residential development to a pathway to the east of The Barn and to the west of the live/work units to create an animated north/south pathway bringing life to the live/work units as well as a connection to the promenade connecting The Collection Library plaza,north promenade of The Barn and continuing through the east 13.7 acre proposed mixed use site (see pedestrian connectivity exhibit in Section VII.G). The Applicant should work with ACHD on the location and design of these crossings. Sidewalks(UDC 11-3A-17): A detached 5-foot wide sidewalk exists along W. Orchard Park Dr., a collector street, along the northern boundary of the site.Attached sidewalks are proposed along local streets. Landscaping(UDC 11-3B): A street buffer exists along W. Orchard Park Dr.,a collector street,that includes an 8-foot wide parkway, detached 5-foot wide sidewalk and landscaping on the back side of the sidewalk with street trees. Enhanced landscaping should be provided within the buffer in accord with the updated standards listed in UDC 11-3B-7C and additional area added if needed to provide a minimum 20-foot wide buffer. Street buffers are required to be maintained by the property owner or business owners' association. Landscaping is required to be installed along all pathways in accord with the standards listed in UDC 11- 3B-12C. Landscaping is required in common open space areas in accord with the updated standards listed in UDC 11-3G-5B.3,which requires a minimum of one deciduous shade tree for every 5,000 square feet of area with a variety of trees, shrubs, lawn or other vegetative groundcover. The Landscape Requirements table on the landscape plan and the Site Amenity Plan should be updated to reflect compliance with the updated standard. There are no existing trees on the site to be removed or that require mitigation. Common Open Space(UDC 11-3G-3B): A minimum of 15%qualified open space is required in the R-8 district to be provided within the development per UDC Table 11-3G-3 that meets the quality standards listed in UDC 11-3G-3A.2. Based on 16.79 acres,which excludes the 0.70-acre C-C zoned common lot(Lot 8,Block 4), a minimum of 2.52- acres of qualified open space is required. A total of 4.34 acres of open space is depicted on the open space exhibit included in Section VII.C; however, some of these areas(lots-blocks) do not qualify toward the minimum standards as follows: • 1-1, 1-3 and 2-4(multi-use pathways 11-3G-3B.3b): The referenced code section pertains to buffers along collector and arterial streets—these common area lots are along the south&east perimeter boundaries and are not street buffers. The correct code section is 11-3G-3B.Ie(linear open space), which requires the area to be landscaped per the standards in UDC 11-3B in order to qualify.No trees are allowed within this area due to the irrigation easement that encompasses the area. In order for this area to qualify, an additional 5-feet would need to be provided outside of the easement area for trees and shrubs would also need to be provided in accord with the standards listed in UDC 11-3B-12C. This isn't feasible due to an IPCO easement that runs alongside the irrigation easement,which also presumably doesn't allow trees. This area cannot be counted unless otherwise approved through alternative compliance. * 9-1, 39-5, 26-2, 28-2, 10-5, 11-5, 18-5 and 19-5 (micro-pathway&landscaping): 26-2 doesn't have a minimum width of 20-feet,therefore,it doesn't qualify; 10-5, 11-5,28-2, 18-5 and 19-5 are all private building lots,which don't qualify—the pathways should be placed in public pedestrian easements and should be a minimum width of 20-feet in order to qualify. (only 0.071-acre qualifies: 9-1 &39-5) • 1-2,2-5 and 1-4(landscape buffer along collector road): the collector street buffer can only be counted if it meets all of the enhanced buffer requirements listed in UDC 11-3G-3B.3; otherwise it Page 8 does not qualify. A 5-foot wide detached sidewalk was constructed in the buffer—unless this is replaced with a 10-foot wide pathway and enhanced landscaping and amenities are provided per the aforementioned standards,this area cannot be counted. * 8-4 (landscape common lot greater than 50' x 100' in area): This area is not integrated into the development, therefore,it doesn't qualify. * 7-2 (micro-path connection): this 0.04-acre area qualifies. • 3-5 (parking): the parking area does not qualify but the tool share/bike station/dog wash does qualify. • 24-5 (clubhouse/pool/grass play area/parking): this 0.48-acre area qualifies. The common open space exhibit is not approved as submitted and should be revised to comply with the common open space standards prior to the City Council hearing; or an application for alternative compliance to these standards may be submitted if the proposed design includes innovative design features based on"new urbanism", "neotraditional design",or other architectural and/or site designs that promote walkable and mixed use neighborhoods(see UDC 11-5B-5 for more information). Site Amenities(UDC 11-3G-4)• A minimum of three (3)points of site amenities are required based on 17.49-acres of development area from the Site Amenities and Point Value Table 11-3G-4. A linear open space area is proposed along the south and east boundaries of the site with a 2,309-foot long multi-use pathway(4 points),which meets the minimum standards. Other site amenities are proposed within the multi family development(see analysis in Section V.B below). Storm Drainage(UDC 11-3A-IS): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical EngineerinRoo rt for the subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-I I C. Pressure Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the Settler's Irrigation District boundary. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Street lights shall be installed in accord with the City's adopted standards, specifications and ordinances/ Waterways(UDC It It The North Slough crosses this site and was relocated and piped along the south and east boundaries of the site;the easement for such is depicted on the plat. All waterways on this site shall be piped as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. This project is not within the floodplain. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. There is an existing wood fence around the perimeter of the development that is proposed to remain; this fence should be protected during construction. B. Planned Unit Development(PUD): A Planned Unit Development(PUD)is proposed for a residential community consisting of a total of 146 dwelling units on 17.5 acres of land in the R-8 zoning district. Page 9 A request for a reduction to the setback requirements for the R-8 zoning district in UDC Table 11-2A-6 is included with the PUD application(see table below and full exhibit in Section VILE). Dimensions listed as minimum;however,the typical dimension will be greater. Deviations to the setbacks may be approved with the exception that along the periphery of the development,the applicable setbacks as established by the district shall not be reduced per UDC 11-74A.1.Because common lots are proposed around the periphery of the development, deviations from setbacks are allowed for adjacent building lots. SETBACK INFORMATION N-eluuo xEYuesT1 pNovoseo NOYes: alaeou Towxuoues ouIN nulu s a oul' ors msAcx oFccuuoN LOTuwlcNnm cxoNr eecx eFcuRe - MooLe—-N... NwoMcs 6 AMIM NIN aMu1x AUIN sraeEr sloe sereAcx esau utu[ri warm 1 sTReeT a�TracAcram MIN - 4GbIL0iAFV.FS d'I"NIN WP fi'MIM lV" I. - GONittYARp1HEAWJATEA LON-0O6 R' WP 6 r ttr TNEREARE5GARAEf SPACEG AT iNE NGOWA IFAGgVpO LOGIWN W/5'S£!@4[M - SIN—FAMILY IIM 1P ]a' 6 d 17 The uses within the PUD are proposed to be interconnected through a system of local and private streets and pedestrian pathways as desired in UDC 11-7-4A.3 (see preliminary plat in Section VII.A and pedestrian connectivity exhibit in Section VII.G). Buildings are clustered to consolidate small open spaces into larger,more usable areas for common use and enjoyment in accord with UDC 11-7-4A.4. Private Open Space(UDC 11-7-4B): In addition to the common open space and site amenity standards in UDC 11-3G-3, a minimum of eighty(80)square feet of private,usable open space shall be provided for each residential unit.This requirement can be satisfied through porches,patios,decks, and enclosed yards. Landscaping, entryway and other accessways do not count toward this requirement. Residential Use Standards (UDC 11-7-4C1: Typically,the UDC does not allow multi-family developments in the R-8 zoning district; however,multi-family dwellings may be allowed in the R-8 district when included in a PUD per UDC Table 11-2A-2,note#2 and UDC 11-7-4C.1. Single-family detached/attached and townhomes are listed as principal permitted uses in the R-8 district. A variety of housing types are proposed,including single-family detached(32 units), single-family attached (38 units),townhome(38 units) and multi-family(38 units)units. The gross density of the proposed development is 8.35 units per acre;the net density is 16.3 units per acre. A density bonus is not requested or approved; dedication of land for public use is not proposed. If some of the multi-family units are proposed to be condominiumized, a short plat shall be submitted where all buildings are constructed or have received building permits for construction as set forth in UDC 11-6B-5 Specific Use Standards (UDC 11-4-3-27): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios, and how they impact adjacent properties.Lesser setbacks are proposed with the PUD(see Section VII.E for more information). 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully Page 10 screened from view from a public street. The plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided 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. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. Compliance with this standard is required. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space.Some of the parking areas in the multi family development were included in the common open space calculations and should be removed from the calculations and not be counted. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 shown below. Staff ryee,,..m end-x. M 964i e*hibit in Seetio n W. Use And Form N umber of Bedrooms(Per unit) Required Parking Spaces Dwelling,duplex and dwelling,single-family(detached,attached,townhouse) 1/2 2 per dwelling unit at least 1 in an enclosed garage,other space maybe enclosed or a minimum 10-foot by 20 footparking pad 3/4 4 per dwelling unit at least 2 in an enclosed garage,other spaces may be enclosed or a minimum 10-foot by 20-fo0t parking pad 5+ 6 per dwelling unit at least 3 in an enclosed garage,other spaces may he enclosed or a minimum 10 foot by 20 footparking pad Studio 1 per dwelling unit Dwelling.multifamily 3(triplex,fourplex,apartments,etc.) 1 1.5 per dwelling unit:at least 1 in a covered carport or garage /3 2 per dwelling unit at least 1 in a covered carport or garage per dwelling unit at least 2 in a covered carport or garage Guest spaces 1 per 10 dwelling units cotes: the Me,of the garage or carport required for dwelling units shall be measured by exterior dimensnns and shall be at least ten(I o)feet by[very(20)feet for a one-space garage or carport and 20 feet by 20 feet for a two-space garage or carport. The parking pad shall be measured from edge of sidewalk or edge of paved travel lane(public street,private street,or alley)where no sidewalk exists.For alley accessed properties the parking pad is not required in front of the garage if the garage is located at the five-foot setback to the rear property line;the required parking pad must be provided along the side of the garage unless equivalent off-street parking,as determined by the Director,is provided in accord with SeMon 11-3C-5 Table 11-3C-5 of this Article. 3 For condominium pmjIthe required number of parking spaces shall be determined by the Director based on the proposed development if the proposed development is similar to asingic,family develapment,such standard,shall apply.if the proposed development is similar to multifamily apartment complex,such standards shall apply. The required number of p,rking,p,c,,forth,residential portion of a vertically integrated project shall be in addition to that required for nonresidential uses as listed in s,b,,cl,n B of this section. is slubmi The proposed off-street parking complies with and exceeds the minimum standards by 16 spaces; an additional 122 on-street parking spaces are also available (see Section VII.F). 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. I A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The site amenity plan included in Section VILD does not depict these items;a revised plan should be submitted with the Certificate of Zoning Compliance application that includes these items. Page 11 Common Open Space Design Requirements(UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed 10%of the gross land area for multi-family developments of 5 acres of more. The proposed development is exempt from this standard because a single-family development is concurrently proposed, which requires compliance with the minimum open space standards in UDC 11-3G-3 (see above analysis in Section V.A). Common open space areas are also required to comply with the standards listed in UDC 11-4-3- 27C.2,which state that open space areas must be integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. These areas should have direct pedestrian access,be highly visible,comply with CPTED standards and support a range of leisure and play activities and uses—irregular shaped,disconnected or isolated open spaces do not meet the standard. Open space areas should be accessible and well connected throughout the development(i.e. centrally located,accessible by pathway and visually accessible along collector streets or as a terminal view from a street). Open space areas should promote the health and well- being of its residents and support active and passive uses for recreation, social gathering and relaxation to serve the development. The proposed common open space meets these standards. All multi-family projects over 20 units are required to provide at least one(1) common grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for general activities by all ages,which may be included in the minimum required open space. The area shall increase proportionately as the number of units increase and shall be commensurate to the size of the development as determined by the decision-making body. The Applicant proposes one (1) common open space area (Lot 8, Block 4) at the northeast corner of the development consisting of 30,384 sf. that meets the size requirement but is not integrated into the site design.Although the area is included in the proposed plat, it was developed with and appears to be part of the adjacent commercial development(Paramount Point subdivision). Therefore,Staff recommends a minimum 5,000 square foot common area is proposed that complies with this standard. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.All multi family units contain more than 500 square feet(sf.) of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area.A total of 38 units contain between 500 and 1,200 s f of living area; therefore, a minimum of 9,500 sf. (or 0.22-acre) of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.None of the units contain more than 1,200 sf of living area. At a minimum, a total of 9,500 sf. (or 0.22-acre) of qualified outdoor common open space is required to be provided per this standard. This is in addition to the requirements in UDC 11-3G- 3C. Overall, a minimum of 2.74-acres of qualified open space is required that complies with the standards in UDC 11-3G-3B and 11-4-3-27C.A total of 4.34-acres of qualified open space is depicted on the qualified open space exhibit;however, some of these areas do not qualify as noted in Section VA above. The open space exhibit should be revised prior to the City Council hearing to only include qualified open space that complies with the aforementioned standards. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). The open space exhibit should be revised Page 12 to exclude areas that are not a minimum of 400 sf. and that don't meet the dimensional width and length standard. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. An exhibit shall be submitted demonstrating compliance with this standard for each phase of development prior to the City Council hearing.If changes are necessary to the phasing plan to comply with this standard, a revised phasing plan should be submitted. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4) in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, efff,retroactive to 2-4-2009) The street buffer along W. Orchard Park Dr., a collector street, was constructed with the previous subdivision (Linder Village) and does not include a berm; the buffer is included in the common open space calculations. Staff recommends the buffer is allowed to count toward the minimum standards if enhanced landscaping is provided per the standards listed in UDC 11-3G-3B.3 as recommended. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage. b. Open space: (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards: (1) Bicycle repair station. Page 13 (2) Park and ride lot. (3) Sheltered transit stop (4) Charging stations for electric vehicles 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty(20) and seventy-five(75)units,three(3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision-making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) A total of 38 multi family units are proposed; therefore, a minimum of three (3)site amenities are required, one from each category. Proposed site amenities consist of a swimming pool with changing rooms and restrooms; walking trails/pathways; a community workshop building that will allow for bicycle repair, woodworking, etc.; a dog wash station and related amenities for pet care; a BBQ area with tables and a shade structure; a dedicated open space area around the pool area for fire pits; and another dedicated open space area for bike parking, bench seating, tables, moveable planters and string lights, which exceeds the minimum standards. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches (24")shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments 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. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be installed with the subdivision plat as noted above in Section V.A. Landscaping is required to be installed along all pathways in accord with the standards listed in UDC 11- 3B-12C. The common area lot along the south and east boundaries of the site where a 12-foot wide access Page 14 road/multi-use pathway is proposed is encompassed by an irrigation easement that prohibits trees within the easement. Prior to the City Council hearing,an Alternative Compliance application should be submitted to relocate the trees required in this area to along micro-paths within the development, as proposed; shrubs and other plantings should be provided within this area if allowed by the easement holder in accord with UDC 11-3B-12C.2. Landscaping is required in common open space areas in accord with the updated standards listed in UDC 11-3G-5B.3,which requires a minimum of one deciduous shade tree for every 5,000 square feet of area with a variety of trees, shrubs, lawn or other vegetative groundcover. The Landscape Requirements table on the landscape plan and the Site Amenity Plan should be updated to reflect compliance with the updated standard. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. A 5-foot tall fence is proposed around the swimming pool; the fence is required to comply with the building code requirements for such. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed residential structures,included in Section VII.H. A mix of 1-, 2-and 3-story structures are proposed in a variety of construction materials and styles. To ensure quality of design for an exemplary development, Staff recommends final design of all structures comply with the design standards in the Architectural Standards Manual,unless otherwise approved through a design standard exception.The Applicant's narrative includes a request for exceptions to design standards#R3.IE and#R3.1F in the Architectural Standards Manual;these exceptions should be included with the Design Review application and are not approved with this application. A Design Review application is required to be submitted for approval of all structures.A Certificate of Zoning Compliance(CZC) application is required to be submitted for the multi-family structures along with the Design Review application; one(1)CZC may be submitted for the overall multi-family development if desired. In approving the planned development,the Council may prescribe appropriate conditions, additional conditions,bonds,and safeguards in conformity with this title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the exact location and nature of the use and the property development. 6. Require the provision for on site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts,which provides services within the city. Because like uses (i.e. single-family detached homes) are proposed to existing abutting single-family detached homes in Paramount Subdivision and a transition in housing types and density is proposed along with a 35 foot wide linear common open space area as a separation and buffer, Staff is not recommending any additional conditions to minimize any adverse impacts of the use on adjacent properties. Page 15 VI. DECISION A. Staff: Staff recommends approval of the requested preliminary plat and planned unit development with the conditions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on December 1,2022.At the public hearing,the Commission moved to recommend approval of the subject PP and PUD requests. 1. Summary of Commission public hearing: a. In favor: Michael Slavin b. In opposition:None C. Commenting. Doug Jones,Chris Eastman, Sally Reynolds,Julie Duran, Shane Nye and Jennifer Card,Lisa Metcalf,Kelly CgMenter,Justin Carpenter d. Written testimony: Michael&Linda Arnold,Leah Balecha,Daniel Briggs,Julie Duran. Matt Mueller, Scott Fuller,and Shane&Julia Duty e. Staff presenting gpplication: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Request for denial of the project as currently submitted due to the following reasons: 1) project isn't consistent with the MDR FLUM designation and would be more gppropriate in the MHDR designation; 2, the proposed parking isn't sufficient for the proposed development and will result in substantial on-street parking that will contribute to congestion and make travelingthrough hrough the community difficult; 3, the proposed contemporary modern design of the single-family homes are not harmonious with the design of existing single-family homes in the adjacent Paramount subdivision; 4)on-street parking along Bergman should not be allowed due to the curvature of the street which will not allow two vehicles traveling in opposite directions to easily pass one another if there are cars parked on either side if the road on the curve; and 5, belief that too many residential units are proposed in this area,which will not complement the existing neighborhood and will negatively impact the community's livability. b. Increase traffic, density and on-street parking on N. Bergman Ave. 3. Key issue(s)of discussion by Commission: a. Update the parking plan to ensure the project is adequate parked per UDC standards. b. Update open space exhibit to ensure the project meets the open space standards. C. Code complaint fencing along the south and east boundary of the proposed development. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None Page 16 VII. EXHIBITS A. Preliminary Plat(dated: 9/19/22)&Phasing Plan PRELi MINARY PLAT FOR SAGARRA SLJ601VISION a w!lLnT of corm z_a of acoeK�.Aeao core.-3 Qo w�oe,c a,c.NOEw v°Lco.ce aa.aamelor+ -_ n MouwT Po•NT a�.ao�vlaior+ m�TunTlrJ IN Twe NW}nNo Nf_$aF m�GT1oN as.Tow,aewlP a N wTn.rss.kG!1 wlsT, saiaE M�•'�Ial-su,non eoY�eTv.fowHo � c�� ' Legend Notes X. 33147 Standard Local Street n 9 _, VRMFY map ® 25•PrWate Street(Phase 11 ��.---.f,•®•• I 17 ","`••.. 26•Prlvata Street 1Pheae 2J n ,•...•. :_:.._ _ ___ Kp W� YA 4 a .I I , Contacts �� r - __.�, � _f� __— _ _k - � __ -.v`sctvaa� �^. me�ou •,ow PRELIrA1NARY PLAT-PNASE 7 PP.7 � u Phasing Plan Parcels Included iW1Y... 1,,.1. '� _� t f.f •tom �I i I - _ -I.1��._.._. 494 `-y'�'� ! - ' � wva�.o.,�,-✓m+ ._.� ,gz- III bl _ PRELIMINARY PLAT-PHASE 2 _ I` PP.2 Page 17 PNORTH PARCEL#6 PARCEL#5 PARCEL#4 PARCEL#Z PARCEL#3 PARCEL#1 (INCLUDES EXISTING N.BERGMAN AVE. ROW) DEVELOPER RESERVES THE RIGHT TO MODIFY THE PHASING PLAN BASED ON MARKET CONDITIONS Page 18 B. Landscape Plan(dated: 3/22/2022) -REVISED LANDSCAPE NOTES L..o^zL'rz CLAND CEAPEIREUUIIRREMEWS STACKo ROCK LANDSCAPE PLAN-OVERALL I I N LANDSCAPE PLAN LANDSCAPE PLAN LANDSCAPE PLAN � .a�. AP- C3 r a_ a s I SC.4PE PLAN LANDSCAPE - LANDSCAPE PLAN , I� � �LANDS PLAN 1 ESCAPE PLAN LANDSCAPE PLAN r LANDSCAPE PLAN -OVERALL I I L— ---------1------------ ------ ------ ------------ ------------J LD rT_C1 L100 Page 19 —r--------------------------------------------- l— I I f----- .,...._...,..,.�_._... I .®..��... ---------�— ...ems,.......1".. m-A 0 • • — I I C¢7 a • I I N ® I I __—_—___------•--------------- ____________ ae • 4 I ' � / I I I UNoscnPE I g,m,�J II I II I anN-nNEa2 I I o o _ L102 r----------------------------------------------------T- _ I I I I I I I I _ I I I � - • I i� m o I 0 I _ LANNSGAPE _J______________ 0 0 A—. 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ROCK r�l BALLS BURLAP TREE PLANTING � lZ SHRUB PLANTING �® /3�PLANTER ISLAND DETAIL � 4:STEEL IAIJDSCAPE EGGING N C CD a JIB .�, Ll� �,.JI .,m DETAILS 1"'1 �51,5'POOL FENCE L150 Page 23 C. Common Open Space Exhibit(dated: 2/"�2 12/21/2022)—REVISED STAC oROCK OPEN SPACE SUMMARY PHASE 1 OPEN SPACE SUMMARY OVERALL OPEN SPACE SUMMARY PHASE 2_ . PATHWAY LEGEND: IM ' Q I i I _ __ __II __—__— _—___� _� -•.""�� -. T— - -_ __ .. -- _____ OPEN SPACE T �T EXHIBIT- OVERALLrLrLIZf� SEX-1.0 Page 24 OPEN SPACE SUMMARY PHASE 1: PAiHWAV LEGEND' . ��ao�=��� es I„ ' II_ I ______ ____ - O 7 — I . - I , SPACE F —BR- \� P-SE I 1YLTL�� �EX-1.1 W EN SPACE SUMMARY PHASE 2' ■ss ..aMum�ncu.m� .w oas m. � - . '�mwo�_®�o��_an \b nwcw exouP 3 F 1 �I I f Z ! / ——— N I � r�. I ' l 'I i � I i i 11 R—'Lr1 EX-12 Page 25 D. Site Amenity Exhibit LANDSCAPE REQUIREMENTS PI_ _ OPEN SPACE SUMMARY. .,'=R.E.am..c.m.ewwucmwz .e,�,,,x.mm,amw..n.we •�,••,"`•,•,:"C6 ago .o„-,G. n If 1110[I wa._..00...�. ..� LANDSCAPE MATERIALS LEGEND' �\ � o a Q Z 2 � € VJ co cc PUD SITEAMENITY pp5 PLAN T7 fZl—L�� L160 Page 26 E. Proposed Reductions to R-8 Setbacks PHASE a i a fill �'C i ij � I �I I Ir�l Rr, �rm m�rr , rn-� "-, '/nr, ����M D—Lop—t setback diagram era..cK INMR ON EEa M f - ocu�ow.urn ..uix wn s uw ov r u�N LL � coum�.wwa.ew.TEaco'mos v w. a ,o .Hma.«rso.«.c�s..ces..�Ke«uow..ea�wlooiee.,wk wiE sne.ca � ® Eo« E1A,..-1.1—ol E.-- T.awoPEa,..,cE .a,e .sriccu�:ne...xoW«,HisiE EII I I— El-11In,,I.: lz1eE aEE..EE11,�..«.111 111 III e—ow.wrx He+owmeAa caua* D.Woos E 1-11---Aux—ED 1-1 TIE r�o nrnic.nux 01 Page 27 F. Parking Diagram—REVISED Sagarra I Parking Analysis wan aoq'd nml emuided Req'd G.- Cmered Covered in T Covered in Packing Parking Parking PhaseI Phase ll Do radar Guest Total Provided Carport., Caw— u3 it Gesig nation Bed Cevnt Faller Factor factor IC.unq [[.wll Total ou, Requl,ed Required Total Required Gn511e Garage Garage Extra Spares Two Pack 1—h—, 2 2 OA 1.0 16 22 38 )6 ❑.0 ]6 ]6 3R 16 38 kibbo�Tawehomes 2 2 0.0 1.0 16 19 39 70 0,0 70 TO 35 10 35 M.ddle Thra.Tounhomes 0 2 t11 11 3 0 3 6 1 0 6 6 3 6 3 Multifamily-Headwater 1 T.5 DI 1.0 3 0 1 5 03 S S 3 — 3 Muklfamiiy-Headwater 2- 2 0.1 1.0 2 -0,. A 4 0.2 4 4 2 2 $FN GaragY Spacaal k/J4 4 G.0 - 13 ]9 32 in 12 -1 — 32 . 33 Total1 35 41 146 352 3,9 355 3111 1 146 2;41 108 Total Provided-OR We 372 o p 1 Total Reg utrad 355 47 76 Tot al AvailaMParking 493 I 'I I :I - CLPJJ - -- —�--E— — ----I '—_ — 1 — V. -- -- — — ---- _ --� I --1 -, Page 28 G. Vehicular&Pedestrian Circulation Plan HIGH DESERT DEVELOPMENT 1 1 28 NOVEMBER,2022 a I ---- CHINDEN IMPROVEMENTS PER . o . o STARS AGREEMENT—= -- — - 11I I H I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I.......I..I I..I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -- - J f fin uTI muwlllllh a IwE uu IDu"III � an`� ' ---- � °� ,[ uulnalnlnr 1- ° FUTURE OFFICEIRE TAILI MULTI FAMILY _ DEVELOPMENT = 1 ImIf 11 N+9 OjIf DI uu�nunnnnmuuP 7\ z z \�`J\++,llllllllllltll' G C- � d c� 1 '6 / 1 S� — CONNEC ION POINTTO C = ? ----+JIIIIIIIIIIIIIIIIIIIIIIIIII' — ADJACENT PARCEL a r � w LOT 2 ; �Sa c _ Z a ° I�4-vIHInIIHHHI,,,J�IIr� nrr'n m Y.+++++a+\nlHnlutIHNNNnun+++p++ I. .._ - L-'�f-9 = _ \+``+``,+`++H,I��11�INn nnn N�NTNTN�N1�NNntIIHn NInfN Nnlnn Nninnlnnl+ - = ...I ( I I IIIII N IIIH FUTURE RESIDENTIAL =11111111n FUTURE RESIDENTIAL 1 Illi EXISTING RonowAv DEVELOPMENT DEVELOPMENT o EXTENSION CONNECTION POINT TO _ _ - I11 I IIIII II I1111 I 1111 I IIIII I 'Illl lll� y llllll 1111 �n11L01111 \ '� .al Y ++\�+` 2 \\1t11111111 11 I lllll llllll)........—........... I Ill)llnlllllllllllllllll11......11ll+� AnJAGENT 1" _ - -- \1V\ �lI II llllll _ 1111#IIII ^ SUBDIVISION �� _ l+I HII#HHIHNTIII r__r \7 - I I I I I IIII I — _. -- -� �1111 11115111111111111111111111 IIIII 111111111111111111111 llllll = .11lllllllllllllllllllllllllllllllllllllllll llllllllllllllll Erb, NEW STREET PER �EMSTING ROADWAY EXTENSION CONNECTIONI LEGEND L--- ACHDSTANDARDS POINT TO ADJACENT SUBDIVISION 1 111111111111 NEW VEHICOIAR FOALS 111111111111 PEDESTRIAN PATHSf SIDEWALKS �1111*EXISTING VEHICUW 11— Scale:1:100 CIRCULATION PLAN MDA I pg.2 Page 29 H. Coneeptual BuildingElevations Concept Elevations for Single Family Homes � 11R # II BuildingConcept: IF: T FE FE E 1, 7L — M El ICI Page 30 __�- -� �� �Illllllllllllll[IIIIIIII � -�- ' - _o-�= IIIIIII�1� __-����_■ � II�� �Imr,�,�' I-O-■_�._ __- I , ..�.: .:-1,_i�,.Illllllll�llllllllllllfi� ___-_--❑---=-II�IIIIIIIIIIIIIIi��,,� ll RISEN mmu ■■■ ff ■ - FIR-11 1■■ It I - Building"D"Concept: F .. Building"E"Concept: �- A-� 5 --..... I _ ,.., _ - ■ ■ ■ '1 Page 32 ICI■'■ ■ != ■ 1 1 ��'LJ Building"H"Concept: �.:' - ®E--;-9m:�] I.F.I F I.F:VAM. FAR FJXVATW- RIGHT ELEVA7'IETIy 4 • "t r � Fxisting Single Family Residential-, 13 u� u = W New Single Family Residential K.s 08 Page 34 o 0 Two Pack TovmM1omea Location 6�agram owe xi_s Typo'A'-Two PackT hones�.n..i., Type'6'-Two Pack Trnvnhanve vxrxis Two Pack T-h.- � 8 ® ® PFP1 } JU El Lip Q M raaor cuvnnon _ AZ nrwn i -. � O 0 0 I un FFT M o o fl s c, 04 Page 35 •L y O Y EL WIN �,► , ��� ✓I� /,/,/ ,/�^[,!, ,a mar �:;F�..�� o 1■ FE—M-0 Ron ■1 Ems ■1 11 IF ■1111■111111 01111 LL ggg� 'L L '' © Q C J f AA Z n TL L O 7011 Oil a-r' 6. F ri c ■ ni ie 19 c � rS O ri I O W o : Amenity BuiWis�g Laceiionz srrc xis s` /�! / O Q O Community Wotkzhep.x.s Community Clubhouse s:.,.:.i... ■ , p i Bl sou.x ELEvnTlox 01 wesv e�vn.iox BR sou.x euvwnox p� �C m Community Waxkzhap-Ceneap!Elzvalianz su,e��r-�s Community CWbhnuzs-Canmpt Elavatlanz sine ys'-rs 09 Page 38 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION At least 15 days prior to the City Council hearing, Staff recommends the Applicant complete the following: (Staffs comments in italics) • Submit an application for Alternative Compliance to UDC 11-313-12C,which requires a minimum of one(1)tree per 100 linear feet of pathway,to relocate the trees required in the common lot along the south and east boundaries of the site to along micro-paths within the development as proposed on the landscape plan. The Irrigation District allowed Class I trees and shrubs to be planted within their easement through an addendum to the license agreement(Inst. #2022-099262); alternative compliance is no longer needed or required. • Submit a revised off-street parking exhibit that demonstrates compliance with the minimum standards listed in UDC Table 11-3C-6.See updated parking calculations in Section VII.F. The proposed parking complies with and exceeds the minimum standards by 16 spaces; an additional 122 on-street parking spaces are also available. • Submit a revised qualified open space exhibit that demonstrates compliance with the minimum open space standards in UDC 11-3G-3B and 11-4-3-27C. Overall,a minimum of 2.74-acres of qualified open space is required to be provided. Areas that don't meet the minimum qualifications should be removed from the plan. The scale bar depicted on the plan should also be corrected.An application for alternative compliance to these standards may be submitted if the proposed design includes innovative design features based on"new urbanism", "neotraditional design", or other architectural and/or site designs that promote walkable and mixed-use neighborhoods (see UDC 11- 513-5 for more information).A revised common open space exhibit was submitted, included in Section VII.C, that depicts a total of 3.43 acres of qualified open space, which exceeds the minimum standards by 0.69-acre. • In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. An exhibit shall be submitted demonstrating compliance with this standard for each phase of development.If changes are necessary to the phasing plan to comply with this standard,a revised phasing plan should be submitted. The revised common open space exhibit, included in Section VII.C, depicts common open space that demonstrates compliance with UDC standards for each phase of development. Preliminary Plat: 1. The final plat shall include the following revisions: a. Graphically depict zero(0) lot lines on internal lot lines where single-family attached and townhome structures are proposed(i.e. where structures will span across lot lines). b. Depict traffic calming measures to slow traffic on Bergman Ave. and W. Bacall St. as allowed by ACHD and the Fire Dept. in accord with the Development Agreement. c. Graphically depict public use easements for the micro-paths that cross private/townhome building lots. 2. The landscape plan submitted with the final plat shall be revised as follows: a. Depict landscaping along all pathways asset forth in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative groundcover is required. b. Depict additional/enhanced landscaping within the 20-foot wide street buffer along W. Orchard Park Dr. in accord with the updated standards in UDC 11-3B-7C.3 and 11-3G-3B.3. Page 39 c. Update the Landscape Requirements table to reflect compliance with the updated common open space standards in 11-3G-513.3,which requires a minimum of one deciduous shade tree for every 5,000 square feet of area with a variety of trees, shrubs, lawn or other vegetative groundcover; shrubs and other plantings shall be depicted on the plan as required. 3. Future development shall comply with the minimum dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6 or as otherwise approved with the Planned Unit Development. 4. All waterways on this site shall be piped as set forth in UDC 11-3A-6B,unless otherwise waived by City Council. 5. A private street application shall be submitted with the final plat application for the proposed private streets within the development.All private streets shall comply with the standards listed in UDC 11-3F- 4. 6. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if signed by the city engineer within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filing by the applicant prior to the termination of the period in accord with subsections(A) and(B)of this section, the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again (UDC 11-6B- 7) Conditional Use Permit/Planned Unit Development: 7. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development and the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district is required,unless otherwise approved through the Planned Unit Development(see deviations to setbacks approved in Section VII.E). 8. The site/landscape plans included in Section VII shall be revised as follows: a. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. b. Depict the location of the property management office;maintenance storage area; central mailbox location, including provisions for parcel mail,that provide 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 in accord with UDC 11-4-3-2 7B.7. c. Depict landscaping along all the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E. d. Depict shrubs and other plantings adjacent to the pathway along the south and east boundaries of the site in accord with UDC 11-3B-12C as allowed by the Irrigation District within their easement. e. Update the Landscape Requirements table to reflect compliance with the updated common open space standards in 11-3G-5B.3,which requires a minimum of one deciduous shade tree for every Page 40 5,000 square feet of area with a variety of trees, shrubs, lawn or other vegetative groundcover; shrubs and other plantings shall be depicted on the plan as required. f. Depict a minimum 5,000 square foot common grassy area integrated into the site design that allows for general activities by all ages that complies with the standard listed in UDC 11-4-3-2 7C.3. g. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one (1) tree per 100 linear feet of pathway. h. Provide bicycle parking spaces per the standards listed in UDC 11-3C-6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C. Bike racks should be provided in central locations for each multi-family building and the amenity buildings. i. Provide off-street parking spaces for the development in accord with the standards listed in UDC Table 11-3C-6 and 11-3C-6B.1 per the analysis in Section VI. j. At a minimum, depict site amenities consistent with those proposed with the subject application. k. Minimum 7-foot wide sidewalks shall be provided where parking abuts sidewalks if wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5134; if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. 1. A detail shall be included of the fencing proposed around the swimming pool that complies with building code requirements for such. 9. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area as set forth in UDC 11-4-3-27B.5. 10. All multi-family developments 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 as set forth in UDC 11-4-3-27F. A recorded copy of the document shall be submitted prior to issuance of the first Certificate of Occupancy for the development. 11. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units in accord with UDC 11-4-3- 27C.6. 12. A minimum of eighty(80)square feet of private,usable open space shall be provided for each residential unit per UDC 11-74B. This requirement can be satisfied through porches,patios, decks, and enclosed yards. Landscaping, entryway and other accessways do not count toward this requirement. 13. The Applicant shall coordinate with ACHD on the location and design of the proposed crosswalks across W. Orchard Park Dr. 14. If some of the multi-family units are proposed to be condominiumized, a short plat shall be submitted where all buildings are constructed or have received building permits for construction as set forth in UDC 11-6B-5. 15. Future development shall comply with the vehicular and pedestrian circulation plan in Section VII.G. 16. A Design Review application shall be submitted for all structures within the development to ensure quality of design for an exemplary development. All structures shall comply with the design standards in the Architectural Standards Manual unless otherwise approved through a design standard exception. Page 41 17. A Certificate of Zoning Compliance(CZC) application shall be submitted for the multi-family structures concurrent with the Design Review application; one (1)CZC may be submitted for the overall multi-family development if desired. 18. A conditional use permit/planned unit development,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the city. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits/planned unit developments that also require platting,the final plat must be signed by the city engineer within this two-year period. Upon written request and filing by the applicant prior to the termination of the period in accord with subsection(17)(1)of this section,the director may authorize a single extension of time to commence the use not to exceed one (1)two-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 this chapter(UDC 11-5B-6F). B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No permanent structures (trees,bushes,buildings, carports,trash receptacle walls,fences,infiltration trenches, light poles, etc.) are to be built within the utility easement. See "WW Comments - Sagarra" for details. 1.2 Must provide access path per City requirements to existing manhole located on western end of site (Sheet CE.1)and existing sewer just south of Orchard Park Dr. (left side of Sheet CE.2). 1.3 SSMH-4E is outside the easement. Easement needs to by 20'and extend 10'beyond the manhole.Also need access path up to manhole per City requirements. 1.4 Do not have sewer services pass through infiltration trenches. This comment was made during the preapp also. There are a few areas that this is occurring. Ensure that this is corrected in future submittals. See "WW Comments -Sagarra" for details. 1.5 Sewer services must be installed at 90 degrees to a sewer main or connected to a manhole. See "WW Comments - Sagarra" for details. 1.6 Provide 10'separation between sewer main and infiltration trench. 1.7 To and through required to parcel R5262501200. 1.8 Flow is committed. 1.9 There is a gap in the water line along road 4. This needs to connect. 1.10 Have callout to remove blow-off valves. 1.11 Add valve on existing water line in Bergman Ave for a total of 3 valves on the crossing. 1.12 Add valve on existing water line in Road-1 for a total of 2 valves at the tee. 1.13 See Change Marks on"Public Utility Plan"pdf for additional details. 1.14 Streetlight plan will be required at time of development. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer 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- Page 42 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 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 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 not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. 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 I I"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. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). 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 prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 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. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,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. 2.10 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. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 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. Page 43 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 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. 2.17 The design 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. 2.18 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. 2.19 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. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 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 final plat signature. 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. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 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. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=277043&dbid=0&repo=MeridianCiU D. POLICE DEPARTMENT https:llweblink.meridianciU.ory WWebLinkIDocView.aspx?id=277044&dbid=0&repo=MeridianCiU E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=278542&dbid=0&repo=MeridianQE Page 44 F. SETTLER'S IRRIGATION DISTRICT(SID) h yps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=277091&dbid=0&repo=Meridian City G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=278840&dbid=0&repo=MeridianCity H. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=282445&dbid=0&repo=Meridian City I. ADA COUNTY HIGHWAY DISTRICT(ACHD) h yps://weblink.meridianciU.org/WebLink/Doc View.aspx?id=2 768 73&dbid=0&r0o=MeridianCity IX. FINDINGS A. Preliminary Plat: In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: I. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Stafffinds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Staff is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 45 B. Planned Unit Development(UDC 11-7-5) 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 a planned development request,the council shall make the following findings: A. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous,visually related and functionally linked patterns of development, street and pathway layout,and building design. Stafffinds the proposed development demonstrates an exceptional high quality of design through the provision of integrated cohesive development that is linked together by vehicular and pedestrian connections. B. The planned unit development preserves the significant natural, scenic and/or historic features. Staff is unaware of any significant natural, scenic and/or historic features that exist on this site. If any such features do exist, Staff recommends they be preserved. C. The arrangement of uses and/or structures in the development does not cause damage,hazard, or nuisance to persons or property in the vicinity. Stafffinds the proposed arrangement and/or structures in the development does not cause damage, hazard or nuisance to persons or property in the vicinity. The Commission and Council should rely on public testimony to determine this finding. D. The internal street,bike and pedestrian circulation system is designed for the efficient and safe flow of vehicles,bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development,nor place an undue burden upon existing transportation and other public services in the surrounding area. Stafffinds the proposed internal vehicular and pedestrian plan will provide a safe flow of vehicles, bicyclists andpedestrians without an undue burden on existing transportation in the surrounding area. E. Community facilities, such as a park,recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. Stafffinds the proposed open space areas are accessible to all residents via proposed pathways. F. The proposal complies with the density and use standards requirements in accord with chapter 2, "district regulations", of this title. Stafffinds the proposal complies with the density and use standards of the R-8 zoning district in UDC Table 11-2A-6. G. The amenities provided are appropriate in number and scale to the proposed development. Stafffinds the proposed amenities are appropriate for the proposed development. H. The planned unit development is in conformance with the comprehensive plan. Stafffinds the proposed PUD is in conformance with the Comprehensive Plan per the analysis in Section IV. Page 46 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for TM Creek Apartments Phase 4 (H-2022-0080) by Brighton Development, Inc., generally located South of Franklin Rd. approximately 1/2 mile between Ten Mile Rd. and Linder Rd. Application Materials: https:Hbit.ly/H-2022-0080 Request: Conditional Use Permit for a multi-family development consisting of 64 urban-style multi-family units with a clubhouse and pool on 2.361 acres of land in the C-G zoning district PUBLIC HEARING SIGN IN SHEET , DATE: January 5, 2023 ITEM # ON AGENDA: 6 PROJECT NAME: TM Creek Apartments Phase 4 (H-2022-0080) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING January 5,2023 Legend DATE: aProject Location w TO: Planning&Zoning Commission OF FROM: Stacy Hersh,Associate Planner 208-884-5533 - SUBJECT: H-2022-0080—TM Creek Apartments OF Phase 4—CUP,ALT LOCATION: South of W.Franklin Rd. and east of S. Ten Mile Rd.,in the NE %4 of Section 14, Township 3N.,Range 1 W. (Parcel #S1214212630) _ I. PROJECT DESCRIPTION The Applicant has applied for a Conditional Use Permit(CUP)for a multi-family development consisting of 64 urban-style multi-family apartment units with a clubhouse and pool on 2.631-acres of land in the C-G zoning district. Alternative Compliance(ALT)is requested to the following UDC standards: • UDC 11-4-3-27B.3,which requires a minimum of 80 square feet of private usable open space to be provided for each dwelling unit. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 11.68-acres(AZ);2.361-acres(CUP) Future Land Use Designation Mixed Use Commercial(MU-COM) Existing Land Use Vacant/undeveloped land � Proposed Land Uses) Multi-family development(west of S.Benchmark Avenue) Current Zoning im General Retail&Service Commercial(C-G)and Traditional Neighborhood Center(TN-C) Proposed Zoning General Retail&Service Commercial(C-G) Pagel Description Details � Page Number of Residential Units(type 64-apartment units(12 studio, 12 1-bedroom,36 2-bedroom, of units) and 4 3-bedroom.) Density(gross&net) 28.6/acre(gross) Open Space(acres,total [%]/ 1.55-acres—this calculation includes the open space buffer/qualified) calculated with the vertically integrated project to the north. Amenities Clubhouse with fitness facilities,a bike repair room, entertainment/game area,parcel locker system,warming kitchen,pet grooming station,executive offices,golf simulator;outdoor swimming pool,grilling area,sports court (pickleball)and fireside seating. Physical Features(waterways, The Ten Mile Creek runs off-site along the southern boundary hazards,flood plain,hillside) of the site. Neighborhood meeting date;#of October 12,2022;no attendees other than Applicant attendees: History(previous approvals) H-2015-0017(DA#2016-030845)/H-2020-0074(DA Inst. #2021-08915 ;CZC(A-2022-0168) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD I No Commission Action (yes/no) Traffic Impact Study(yes/no) No Access One(1)shared driveway access is proposed via S.Benchmark Avenue,a (Arterial/Collectors/State collector street,along the east boundary of the site. Hwy/Local)(Existing and Proposed) Police Service 2.6 miles from the Meridian Police Department • Police Response Time Expected response time to this area is 3:44 Minutes • Repose Time Goal Response time goal for emergencies is within 3-5 minutes. • Accessibility UDC 11-4-3-27G requires climate-controlled multi-family developments to provide emergency police access into each building entry point using a multi- technology keypad. • Resource Needs The Meridian Police Department can service this development if approved. • Other All multi-family units shall be clearly marked with addresses and unit numbers visible day or night for emergency response. West Ada School District No comments received. Wastewater _ Distance to Sewer Services Directly Adjacent _ Estimated Project Sewer See Application ERU's Page 2 Project Consistent with WW Yes Master Plan/Facility Plan _ Impacts/Concerns _ Water _ Distance to Water Services Directly adjacent Estimated Project Water See application ERU's Water Quality None Project Consistent with Yes Water Master Plan Impacts/Concerns C. Project Maps Future Land Use Map Aerial Map Legend Civic 0 Legend Project Location ® Project Location REMMU-C Density s Residential RF d , - MU-Com Commercial ® - �Medium High Density Density ► r Emplo merit _ - - .� -— Residential= Page 3 Zoning Map Planned Development Map K(�1TTTTTTJCTm1TriYY `Cf�TITIITnICTTTTTTY Legend 4 RUT 0 Legend 0 Project Location R-40 L-O IE Project Location ® ff 9 City Limits J e aR�-8 Planned Parcels -- R-15 R-40 I R1 m C-N -L RUT R1 I-L - o R-15 C-C C-G C-G C-C g - - TN-R TN-C C-C C-G TN-C R�gl R,_8 R-8 RU.T—R=8 R 4 --- -- C-C ® CJo a H E H-E R1 E$ °�° RUT C---G� R1 � WE RUT C-G ILL LEINT III. APPLICANT INFORMATION A. Applicant: Brighton Development,Inc.—2929 W.Navigator Dr. Ste. 400, Meridian,ID 83642 B. Owner: SCS TM Creek LLC—2929 W.Navigator Dr.,Meridian, ID 83642 C. Representative: Josh Beach,Brighton Corporation—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 12/21/2022 Radius notification mailed to properties within 300 feet 12/15/2022 Public hearing notice sign posted 12/20/2022 on site Nextdoor posting 12/15/2022 V. COMPREHENSIVE PLAN(Comprehensive Plan and TMISAP) Land Use: The subject property is designated Mixed Use—Commercial(MUC-COM)on the Future Land Use Map (FLUM)in the Comprehensive Plan. Development of the property is governed by the Ten Mile Interchange Specific Area Plan(TMISAP). The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail, recreational, employment, and other miscellaneous uses,with supporting multi-family or single-family Page 4 attached residential uses. While the focus of these areas is on commercial and employment uses,the horizontal and vertical integration of residential uses is essential to securing entitlements.As with all mixed-use areas,this designation requires developments to integrate the three major use categories— residential,commercial and employment. In MU-COM areas,three or more significant uses also tend to be larger scale projects. This designation is intended to provide flexibility and encourage developers to build innovative projects. Transportation: The streets in this vicinity(i.e. W. Franklin Rd., S. Ten Mile Rd. and S. Benchmark Ave.)are fully built out with the exception of S.Benchmark Avenue (a new town center collector),which will be completed with this development. Proposed Use: A multi-family development containing 64 urban-style dwelling units consisting of apartments, clubhouse,pool, and various other site amenities are proposed to develop on the site. A vertically integrated project was approved with a Certificate of Zoning Compliance(A-2022-0168) on the northern boundary of this site. COMPREHENSIVE PLAN POLICIES: Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed multi family apartments will contribute to the variety of housing types and financial capabilities for such in the City as desired. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers."(2.01.01H) The proposed multi family development is located in close proximity to W. Franklin and S. Ten Mile Roads, mobility arterials,providing access to I-84 and employment center in the area. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) The proposed multi family apartments will contribute to the mix of housing types available in the City. There is currently a mix of housing types within a mile of this site consisting of single family, townhomes and multi family apartments. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed multi family apartments should be compatible with existing multi family residential uses and future commercial/retail uses in this area. • `Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and through this development in accord with current City plans. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine, play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) Page 5 The proposed residential uses will allow folks to live in close proximity to employment, retail and restaurant uses which will reduce vehicle trips and enhance livability. VI. STAFF ANALYSIS A. CONDITIONAL USE PERMIT(CUP) A CUP is proposed for a multi-family development containing(2)4-story structures with 64 apartment units consisting of(12) studio, (12) 1-bedroom, (36)2-bedroom, and(3) 3-bedroom units on 2.361-acres of land in the C-G zoning district. The size of each of the unit types proposed is as follows: 656 square feet(s.£) for studio units; 710 s.£ for 1-bedroom units; 1,094 s.f. for 2-bedroom units; 1,443 s.f. for 3- bedroom units. The gross density of the development is 28.6 units per acre. A total of 11,151 square feet of non-residential uses are proposed in the 2-story clubhouse and a 1,081 square foot pool house is located south of the clubhouse. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches, and patios,and how they impact adjacent properties. The proposed site plan complies with this standard. 2. All on-site service areas, outdoor storage areas,waste storage,disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures; all proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty(80) square feet(s.f.)of private,usable open space shall be provided 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. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. Alternative Compliance is requested to provide zero or a lesser amount of private open space than required, as follows: 0 for studio units; 70 sf.for 1-bedroom units; 70 sf.for 2-bedroom units; 71 sf.for 3-bedroom units. As an alternative, the Applicant proposes common open space and site amenities above the minimum requirements coupled with innovative new urban design with an emphasis on integrated internal open space, community facilities, and direct access to the Ten Mile Creek regional pathway system. Because the proposed design includes design features consistent with "new urbanism"and promotes walkable and mixed-use neighborhoods with access to the adjacent regional pathway along the Ten Mile Creek and a vast amount of open space, the Director finds the Applicant's proposal to be sufficient and approves the Alternative Compliance request as proposed with the 8-foot wide pathway along the southern boundary of the site. 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. Some of the vehicular circulation areas Page 6 and parking areas were included in the common open space calculations, which don't qualify. However; the internal common open space at 1.55-acres complies with the minimum standard. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",of this title. The Applicant is providing twelve(12)parking spaces for the studio units, twelve (12)parking spaces for the 1-bedroom units,forty(40)parking spaces for the 2 to 3- bedroom units, and seven (7)guest parking spaces for a total of 117 parking spaces, which 52 are located in a covered carport or garage. The parking for the multi family development was analyzed with the Certificate of Zoning Compliance(A-2022-0168)for the vertically integrated portion along the northern boundary of this site. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Based on 117 spaces, a minimum of 5 spaces are required; a total of 15 spaces are proposed in excess of UDC standards. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows NOTE: Project was analyzed with the open space standards in affect at the time of submittal: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area. There are no units containing 500 sf or less of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area.All of the studio, 1-bedroom, and 2-bedroom units (60 units total)fall within this square footage range; therefore, a minimum of 15,000 square feet or 0.34-acres of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200)square feet of living area. The (4) three-bedroom units fall within this square footage range; therefore, a minimum of 4,800 square feet or 0.11-acres of common open space is required. A total of 19,800 square feet of common open space is required for the multi family portion of the development. The submitted open space exhibit depicts approximately 1.55 acres of common open space between this development and the vertically integrated portion of the development that was approved administratively with A-2021-0168. To ensure the multi family portion of the Page 7 development meets the minimum open space standards, Staff recommends the Applicant submit a revised open space exhibit that only includes the boundary of the 2.36-acre multi family development. 2. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section VIII.D meet this requirement. 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in one phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009) The Applicant requests the street buffer along S. Benchmark Ave., a collector street, is allowed to count toward the common open space for the development although it is not separated from the street by a berm or barrier. Without this area, the internal common open space along the creek corridor still meets and exceeds the minimum standards. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet(50 x 100) in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two(2) separate categories. b. For multi-family development between twenty(20)and seventy-five (75)units,three(3) amenities shall be provided,with one from each category. Page 8 c. For multi-family development with seventy-five(75)units or more,four(4)amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 64 proposed units, a minimum of 3 amenities are required. The following amenities are proposed from each category: a clubhouse with a fitness center, bike repair room, and pet grooming station;swimming pool and year-round spa; open grassy areas at least 50'x 100'in size;fireside seating;grilling area; and sports courts (2 pickleball courts). The Ten Mile Creek multi-use pathway also lies adjacent to the site for residents to use. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches (24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan depicts landscaping along the street facing elevations adjacent to S. Benchmark Ave. in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments 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. The Applicant shall comply with this requirement. Access: One(1) east/west shared driveway is proposed via S. Benchmark Ave. for the development with two (2)accesses off the shared driveway.Direct access to W.Franklin Road and S.Benchmark Avenue is prohibited Landscaping(UDC 11-3B): A 20-foot wide street landscape buffer is required along S. Benchmark Ave., a collector street in accord with UDC Table 11-2B-3, 11-3B-7C, and the TMISAP. Landscaping is required within parking lots in accord with the standards listed in UDC 11-3B-8C. The parking lot landscaping for the multi-family development was analyzed and approved with the Certificate of Zoning Compliance(A-2022-0168)for the vertically integrated project located along the northern boundary for the shared parking on this site. Landscaping is required to be provided along the pathway adjacent to the southern boundary of the site per the standards listed in UDC 11-3B-12C,which require a mix of trees, shrubs, lawn and/or other vegetative groundcover. Landscaping should be added to the landscape plan in accord with this standard; calculations demonstrating compliance with this standard should also be included in the calculations table. Page 9 Landscaping is required within common open space areas per the standards listed in UDC 11-3G-3E. Calculations should be included in the calculations table demonstrating compliance with this standard. Parking: Off-street vehicle parking is required for the proposed multi-family as set forth in UDC Table 11-3C-6 as discussed above. Pathways: An 8-foot wide pathway is proposed along the southern boundary of the site adjacent to the Ten Mile Creek. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete,or bricks per UDC 11-3A-19B.4b. Fencing:No fencing is depicted on the landscape plan for this development. Any fencing constructed on the site should comply with the standards listed in UDC 11-3A-6 and 11-3A-7. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed 4-story structures as shown in Section VIII.E. Building materials consist of stucco and bricks in neutral colors. Final design is required to comply with the adopted TM Crossing Design Guidelines. A Certificate of Zoning Compliance application shall be submitted and compliance with the TM Crossing design guidelines is required as set forth in the DA prior to submittal of building permit applications. VII. DECISION A. Staff: Staff recommends approval of the proposed CUP and the Director has approved the requests for ALT per the provisions included in Section IX in accord with the Findings in Section X. Page 10 VIII. EXHIBITS A. Legal Description&Exhibit Map for Proposed CUP lum E N G I N E E[I N G August 4,2022 Pro*[No.-2.2-051 TNl Creek Subdivision No.7 Conditional U 5e Permit tr_gal Description ExNbItA A parcel of land being a portion of the Northeast 1/4 of the Northwest 114 and the Northwest 1/4 of the Northeast V4 of Section 14,Township 3 North,Ra nge 1 West,fiolse Meridian,City of Meridian,Ada County,Idaho beingmore particularly described asforlows; Commencing at an aluminum cap marking the North 114 corner of said sectlon tar which bears 584'09'27"E a dlsianm Of 208-00 feet from a brass Cap marking the Northwest oomer of sold Sectlo 14,thence following the northerly line of the Northwest 1/4 of said Section 14,N89'09'27'W a dista n€e of 164.65 Net, Thence 12aving said northerly Ilne,$00'50'33"W a distance of 509_63 fppt to the POINT OF BEGINNING_ Thence 54CY'35'31"W a distance of 56.82 feet, Thence S89'24'29"E a distan€e of 12,00 feet; Thence 5UD'3511"W a distance of$_00 k4t; Thence 569'24'29"E a distance of 139.78 feet; Thence 39.14 feet along the arc of a curve to the right,said curve having a radius of 25.00 feet,a delta angle of 89'41'54",a chord bearing of 544.33'32"E and a Chord distance of 35.26 feet; Thence S00'35'28—W s distance of 29.63 Wt; Thence 589'24'29"E a distance of 5AC feet; Thence 540'35'31"W a distance of 19.50 feet; Thence 3.93 feet 21ong the arc of a curve t0 the right,sa Id curve having a radius of 2-51)feet,a delta angle of9O'WOD",a chord hearing of544 24'29"E and a chord distance of 3.54 feet; Thence 50095'31"W a distance of 3S.06 feet; Thence SO4'46'31"W a distance of 29.32 feet; Theo[.-SB5'13'29"E a distonCe of 86.09 feet; Thence S8924'29"E a distance of 33.38 feet; Thence N00'35'31"E a distance of 5.79 feet; Thence SB9°24'29"E a distance of 76.00 feet; Thence SO0"35'31'W a distance of 1-33 feet; Them@$89'3I'2T F a dl Stance of 48-28 ftK Thence SW'21R'31"W a distance of 15.17 feet; Thence 20.82 feet along the arc of a curve to the right said curve having a radius of 230.71 feetr a delta angle of 05'1V11",0 Chord bearing of543'19'33'W and a chord distance of 20.81 feet; The nce SW57'53"W a d ista nce of 8.24 feet to the northerly I lne of the Ton Mile Rralin 100-foot wide prescrlptive easement; Thence following said northerly line,N85'13'29'W a distance of 902.16 feet; There leaving said northerly line,Noo'33'41'E a distance of 84.07 feet Thence 589'24'29"E d distance of 24.94 feet; Thence Nd 00r2A"E a distance of 48.96 feet; Thence 589'24'29"E a distance of I88.58 feet; Thence Noe'35'31"E a distance of 63.98 feet; 57a$North Discovery War-S*Ps4,Idaho aa?L3•20E,639.0: 0•kmon&lIp,-com Page 11 Thence 5ST24'29�"E a distance of 162-67 feet to the POINT OF BEGINNING. Said parcel contains a total of 2-3b1 acres•more or lea,and Es subject to all eAstlrks easementsaodVor rights--of-way of record or implied- Attaehed hereto Is EAU[A and 4V th4 reference is made a Bart hereaf- 1245 A Y OF 4, t)A E - 0 Client PV-01 t Name PA-GE 2 Page 12 P;Lix-0Si}CiF�45LIpvY�fxiliOiTik7h 'I qJP LWAL22-051DYA ERA)&6Ulfkt/4/4Gd,OWL TO Phi P"MMJ 4 IPOF] HW33'#1T 84.07' L15 Lq o S. Ten Mile Rd. P 9z � F- rn Cp _ o M po po Up in °°'" = m Ln o � 92 o CL FA SO �b— ',n n rG L+F 2 { fl _—A C {r LU iD z M > m o aCa } n _ # _ Q 4 _ LA O CO � I `tom � rq � � LOM � 4 L'} � FS W m EP# FJ � .J W G.I P1 S.� C Ip� Pd LT � iw h} O ar6 Ort +ri Gri r F. O I Q th $ $ r t F3 0 U + 4 # 41 nn}� ft5 d6 � N LA to CAdeb 16 w a o CDw 13 w o °O COO N n c Exhibit B - Conditional Use Permit Tfvl Creek Subdivision No. 7 o N E 1/4 N W 1/4, N 1rV 114 N E 1/4, Sec. 14, T 3 N, R 31 , BM City of Meridian, Ada County, Idaho Page 13 B. Site Plan(du1e: 8/l/2022) C. Landscape Plan(dated: 8/4/2022) xxxn..x �----- ----- ----------- ---- tea •--- _ ����- _.. • d. _ Imo. y 1 e ` -_ LJ mw+osuvc conR s • air wxrt�.v- . ,. r Page 15 D. Qualified Open Space — 1 - K %_ — �_ { ' 7�IT � _ . \ w E .dim , | R ] } /4 g ®% - � Page 16 E. Conceptual Building 1 i Renderings fori Clubhouse 2 �A �� ��■ �B �!f �� e� ��� �� v i ■i# iii ■iin�n iii ii n ii iii u Mr�� r � ■ u' 0, o a o L•7� rJ' n A.3 � � � r u•i IRIS �I III •Y. rA�2 ® NOT •R CONSTRUCTION Page 17 0 0 0 0 0 � r 0 O " NOT FOR CONSTRUCTION T uor 0 0 0 0 47 o a o o F~•���•m��.�-� NOT FOR CONSTRUCTION Page 18 q r 4 q q F 4 i i i i i i r a: ._.moo - 4 NOT FOR CONSTRUCTION � A�Oi � ��� I — ° f — 71 NOT FOR CONSTRUCTION J-A.2 Page 19 i i I I I U O p a.�vora ,. m- I NOT FOR CONSTRUCTION - AS303 Page 20 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: 1. The Applicant shall comply with the provisions in the existing Development Agreement(Inst. 2021- 089157)and all other previous conditions of approval. 2. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 3. The multi-family development shall record a legally binding document 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 as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 4. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the locations of the property management office,maintenance storage area, central mailbox location(including provisions for parcel mail,that provide 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 in accord with UDC 11-4-3-27B.7. b. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. c. Depict landscaping along the pathway adjacent to the southern boundary of the site per the standards listed in UDC 11-3B-12C,which require a mix of trees, shrubs, lawn and/or other vegetative groundcover. e. The applicant shall submit a revised open space exhibit that only includes the boundary of the 2.36-acre multi-family development that demonstrates compliance with the common open space standards in UDC 11-4-3-27. 7. The Director approved the Applicant's request for Alternative Compliance to the private usable open space standards listed in UDC 11-4-3-27B.3 for each dwelling unit as follows: 0 square feet(s.f.)for studio units; 70 s.f. for 1-bedroom units; 70 s.f. for the 2-bedroom units; and 71 s.f. for the 3- bedroom units. Floor plans with square footages noted for patios and balconies shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with the alternative compliance approval. 8. Per the Development Agreement Instrument#2021-089157, the subject property shall be subdivided prior to issuance of any Certificate of Occupancy for the site. 9. An application for Certificate of Zoning Compliance shall be submitted for the proposed project and approved prior to submittal of building permit applications. Compliance with the design guidelines in the Ten Mile Interchange Specific Area Plan and the design standards listed in the Architectural Standards Manual as applicable is required. Page 21 B. PUBLIC WORKS C. SITE SPECIFIC CONDITIONS D. GENERAL CONDITIONS 1. Applicant shall coordinate water and sewer 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. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 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 not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. 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. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). 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 prior to receiving development plan approval. 5. All existing structures that are required to be removed. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. Page 22 8. 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. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,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. 10. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 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. 16. The design 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. 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. 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 approved prior to the issuance of a certification of occupancy for any structures within the project. 19. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.oMIpublic_works.aspx?id=272. 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. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT No comments at this time. Page 23 D. POLICE DEPARTMENT https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=281513&dbid=0&r0o=MeridianCitX E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) No comments at this time. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=283314&dbid=0&r0o=MeridianCitX G. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE No comments at this time. H. WEST ADA SCHOOL DISTRICT(WASD) No comments at this time. I. PARK'S DEPARTMENT No comments at this time. J. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=282932&dbid=0&r0o=MeridianCity&cr =1 https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=281435&dbid=0&r0o=MeridianCitX X. FINDINGS A. Conditional Use Permit(UDC 11-511-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is consistent with the future land use map designations of MU-C and the multi family residential use is allowed as a conditional use in UDC Table 11-2B-2 in the C- G zoning district. 3. 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. Page 24 Staff finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Stafffinds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. Staff finds that essential public services are available to this property and that the use will be adequately served by these facilities. B. Alternative Compliance(UDC 11-513-5): In order to grant approval of an alternative compliance application, the Director shall determine the following: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-4-3-27B.3 is feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative compliance of providing integrated internal open space, a pathway creek amenity and site amenities and common open space in excess of UDC standards coupled with innovative, new-urban design provides a superior means for meeting the requirements in UDC 11-4-3-27B.3. The Director finds the proposed alternative for parking for studio units provides an equal means for meeting the requirements in UDC Table 11-3C-6. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means of compliance will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 25