Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC - Commission Recommendation to Council Staff Report REVISED 10-25
STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING October 25,2022 Legend DATE: Continued from:September 6, 2022 -- -- f lei PFnjec_t Lorca liar ED TO: Mayor&City Council r FROM: Sonya Allen,Associate Planner - ----- 208-884-5533 - SUBJECT: H-2022-0030—Overland&Wells II— f MDA, CUP,ALT t LOCATION: 2600 E. Overland Rd., in the SE 1/4 of Section 17,Township 3N.,Range IE. ' (Parcel#S1117438626) NOTE: The Staff report was revised after the Commission hearing to include information on the vertically integrated residential project that is proposed as part of the multi family development. Vertically integrated residential projects are principally permitted in the C-G zoning district and are notpart of the CUP request. The parking and common open space calculations in the report have changed slightly with the inclusion of the vertically integrated residential project as noted in strike-out/underline format. 1. PROJECT DESCRIPTION The Applicant has submitted an application for a modification to the existing Development Agreement(H- 2016-0056, Inst. #2016-060157)to change the development plan on the northern portion of the site from a retail grocery store to multi-family residential and vertically integrated residential project; and conditional use permit for a multi-family development consisting of 3-54 345 apartment units on 11.65 acres of land in the C-G zoning district at a gross density of 30.4 29.61 units per acre. Alternative compliance is also requested to UDC 11-3H-4D,which requires noise abatement to be provided for residential uses adjacent to a state highway,to allow double-paned windows in lieu of a berm/wall. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 18.75 acres(entire site subject to DA); 11.65 acres(DA modification area&multi-family development) Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped land Page 1 Proposed Land Use(s) Multi-family development&vertically integrated residential Current Zoning General Retail&Service Commercial(C-G) Proposed Zoning NA Lots(#and type;bldg/common) NA Phasing plan(#of phases) 1 Number of Residential Units(type 354 345 multi-family units[(7)studio units; (2—196) 1- of units) bedroom units;and(142)2-bedroom units] Density(gross&net 344-3 29.61 units/acre(gross) Open Space(acres,total[%]/ 2.07 acres(18%) buffer/qualified) Amenities Clubhouse/lounge with a fitness facility and swimming pool, grills&fire pits,plaza, 10' wide multi-use pathway/trail system,public art,seating areas,pocket library,picnic area& shade structures and charging stations for electric vehicles. Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 4/6/2022 attendees: History(previous approvals) AZ Ord.#665(1994,Thomas&Wurst Properties);H-2016- 0056(DA 42016-060157—Volante Investments);H-2020- 0118(MDA)Inst.42021-119176—Volante Investments/WinCo Foods). B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study Yes es/no Access Access is proposed from Overland Rd.via S.Wells Ave. at the south boundary of the (Arterial/Collectors/State site and via the extension of E. Cinema Dr. at the west boundary of the site. Hwy/Local)(Existing and Proposed) Traffic Level of Service Overland Rd.—Better than"E"(acceptable level of service is"E") Stub E. Cinema Dr. stops 50' short of the west boundary of the site—no other stub streets Street/Interconnectivity/ exist to this site. Cinema is required to be extended from the west to S.Wells Ave. Cross Access with the 2nd phase of WinCo Wells subdivision;Wells will be extended from Overland Rd.with the 1st phase of WinCo Wells subdivision. Existing Road Network There are no existing internal roadways within the site. Existing Arterial A curb,gutter and attached 7'wide sidewalk exists along Overland Rd.;no buffer Sidewalks/Buffers exists. Page 2 Description Details Page Proposed Road Capital Improvements Plan(CIP`l Integrated Five Year Work Plan(IFYWP): Improvements • Overland Road is listed in the CIP to be widened to 7-ianes from Locust Grove Road to Eagle Road between 2036 and 2040. • The intersection of Overland Road and Locust Grove Road is listed in the CIP to be widened to 7-lanes on the north leg, 7-lanes on the south leg,8-lanes on the east leg,and 7-lanes on the west leg,and signalized between 2026 and 2030. • The intersection of Overland Road and Eagle Road is listed in the CIP to be widened to 7- lanes on the north leg, 7-lanes on the south leg, 8-lanes on the east leg,and 8-1anes on the west leg,and signalized between 2031 and 2035. Fire Service • Distance to Fire 1.0 mile from Station#4 Station • Fire Response Time Within 5-minute response time goal • Resource Reliability 78%(goal is 80%or greater) • Risk Identification 2—current resources would not be adequate to supply service to this project. • Accessibility Meets all required access,road widths and turnarounds • Special/resource Will require an aerial device—can meet this need in the required time frame if a needs truck company is required. • Water Supply Requires 2,500 gallons per minute for 2 hours. • Other Police Service • Distance to Police 1.4 miles Station • Police Response 3:21 (Priority 3); 5:50(Priority 2); 11:10(Priority 1) Time • Calls for Service 3,222(in RD `M75V)—between 5/l/20 and 4/30/22) • %of calls for service %of P3 US 2.6% split by priority %of P2 US 79.D% %of P1 CF5 16.6% %of PO CPS 1.8% • Accessibility • Specialty/resource needs • Crimes 357(RD—M751—between 5/1/20 and 4/30/22) • Crashes 140(RD—M751—between 5/l/20 and 4/30/22) • Other MPD can service this area if approved. For more info,see: &Ws://weblink.meridiancity.or lWeUink/DocView.aspx?id=263854&dbid=0&repo =MeridianCi West Ada School District (No comments were received from WASD) Wastewater Page 3 • Distance to Sewer Directly adjacent in East Overland Road. Services • Sewer Shed Five Mile Trunk Shed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.34 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns •No Permanent structures(buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)can be built within the utility easement. Water • Distance to Water Directly adjacent in East Overland Road. Services • Pressure Zone 4 Pressure is 71PSI with Firm Well 25 off-line. • Estimated Project Water See application ERU's • Water Quality There are two long dead ends for fire hydrants which may result in poor water quality. • Project Consistent with Yes Water Master Plan • Impacts/Concerns Offsite waterline to the east must be installed to allow looping before this development is constructed. Water stub into property at the southeast corner of the apartments needs to be abandoned per City Requirements if it is not used. C. Project Maps Future Land Use Map Aerial Map Page 4 x - * . -end ity Legend 2 do {�}�� — �F= — —�. �JV�f4i Hal i� ��'". •� LegendZoning Map Planned Development Map end � _�_ ; V �F ' ■fir ■ RUT ■ . ■■� :: { III ■■ ■■ r= �j �■� c RI LTT : -F � .. .. ■ R. ... 4� = �...... Page 5 III. APPLICANT INFORMATION A. Applicant: Kristen McNeill, Givens Pursley—601 W. Bannock St.,Boise, ID 83702 B. Owner: WinCo Foods, LLC—PO Box 5756, Boise, ID 83705 C. Agent/Representative: Jonathan Fragoso, Morgan Stonehill Partners—333 Josephine St., Ste. 2,Denver,CO 80206 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 7/19/2022 8/21/2022 Radius notification mailed to properties within 300 feet 7/14/2022 8/18/2022 Public hearing notice sign posted 7/22/2022 8/24/2022 on site Nextdoor posting 7/15/2022 8/18/2022 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): 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 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 developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D(pg. 3-17). The conceptually approved WinCo grocery store on this site would have provided a regional draw to this area as desired,whereas residential uses do not but they do provide housing for workers in the MU-R designated area and the general vicinity. A multi-family development consisting of 360 units was recently approved to develop on the adjacent property to the east(H-2021-0007 Seasons at Meridian). This in part was justified by the plans to develop a grocery store on this site,which now is proposed to be replaced by more apartments. This development proposes to add another 351 units for a total of 711 apartment units in this immediate area,includingthree hree(3)vertically integrated residential structures fronting on Cinema Dr. with two (2)residential units above each commercial/work(non-residential) space attached to the multi-family structure(Building 1) at the southwest corner of the development; commercial/retail uses are still anticipated to develop on the southern 7.1 acres of the site. Although the residential uses aren't integrated with the adjacent commercial uses as desired in MU-R designated areas,pathways are proposed for pedestrian connectivity between these uses. While some neighborhood and community services are within walking and biking distance,most of the job base, and especially family-wage jobs,will require driving to employment areas. The City generally considers mixed use areas separated by regional corridors as independent areas. It is difficult to justify them as mixed use when they are less walkable and not integrated. Further, connectivity south across Overland and east across Eagle,programmed to be 7 or more lanes,and increasing pedestrian and bicycle activity across Page 6 such wide facilities will not be appealing, and may exacerbate signal timings challenges. Note:Because this property was annexed and entitled with C-G zoning in 1994 without the requirement of a Development Agreement, Staff is not recommending a mix and integration of uses on this site as-is typically desired in the MU-R designation. Transportation: There are no collector streets planned across this site per the Master Street Map(MSM). This site will be accessed from the south by S. Wells Ave. from E. Overland Rd., a mobility corridor, and from the west by E. Cinema Dr., a local street. This site is approximately a half mile west of the Overland/Eagle Rd. intersection, a major arterial intersection, on the south side of the I-84 off-ramp. Transit services are available to serve this site via Route 42. With the preliminary plat(H-2021-0007—WinCo Wells),ACHD required additional right-of-way to be dedicated for the widening of Overland Rd. to provide a dedicated westbound right-turn lane at Wells Ave. when Wells is constructed to intersect Overland Rd. The Wells/Overland intersection is required to be signalized prior to issuance of the first Certificate of Occupancy for the multi-family development on the adjacent property to the east(H-2021-0007 DA Inst. 2021-119174). If this property develops first, the Applicant should work with the adjacent property to the east to coordinate the off-site construction of a westbound right-turn lane on Overland Rd. at the Wells Ave.intersection and signalize the intersection consistent with the ACHD report. Overland Rd. is listed in the Capital Improvement Plan(CIP)to be widened to 7-lanes from Locust Grove to Eagle Road between 2036 and 2040. The intersection of Eagle and Overland Roads is listed in the CIP to be widened to 7-lanes on the north leg, 8-lanes on the south, 8-lanes on the east and 8-lanes on the west leg and signalized between 2031 and 2035. The proposed multi-family development is estimated to generate 1,607 additional trips/day with 138 additional vehicle trips/hour in the PM peak hour. The grocery store was estimated to generate an additional 7,723 trips/day with 555 additional trips/hour in the PM peak hour and 820 additional trips/hour in the Saturday peak hour. The ACHD report states the PM peak hour traffic count for Overland Rd. is estimated at 1,540,which is a PM peak hour level of service of better than"E"; acceptable level of service for a five-lane principal arterial is"E".Although overall,the level of service may be"acceptable", certain roadway segments and/or intersections turning movements are currently failing and will be worse with the adjacent multi- family development to the east and the proposed development. One of the most congested AM peak hour travel movements—eastbound Overland traffic turning north on Eagle—is also operating at an `E' service currently. This travel movement exceeds the desired V/C ratio of 0.8, currently at 0.9, and increase to 1.16 with(or without)this project constructed. One of the mitigation strategies is simply to increase the green signal time of this movement. Other travel directions also suffer from significant congestion,including the northbound Eagle travel lane, a conflicting direction,which in the AM may back up through both Goldstone and Copper Point. With the development to the east,ACHD recommended mitigation measures to lessen the impacts from the development including revisions to the phasing plan to coincide with the District's planning Capital Projects and reducing the scope and/or scale of the project.See ACHD report in Section IX.Hfor more information. COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciiy.o- /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): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Page 7 The proposed multi family apartments and vertically integrated residential units will contribute to the variety of housing types in the City and specifically in the southern portion of the City. • "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 and can be extended by the developer with development in accord with UDC 11-3A-21. • "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 along 1-84 and E. Overland Rd., a mobility arterial, which is a major east/west corridor proposed to be widened to 7-lanes; and in close proximity to neighboring employment centers in the Bonito, Rackham and Silverstone subdivisions at Eagle/Overland. Transit services are available to serve this area. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed apartment buildings will be set back over 100'from the northern property line adjacent to the 1-84 off-ramp. A 35'wide landscaped street buffer is proposed along the northern boundary; a 22 foot wide buffer is proposed along the western boundary; and a 10 foot wide buffer is proposed along the southern boundary adjacent to Cinema Dr. The tallest buildings at 4-stories in height are proposed on the northern portion of the site with 3-story buildings on the southern portion. • "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 and vertically integrated residential units 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 and vertically integrated residential units should be compatible with future like uses to the east and existing retail, restaurant, service, entertainment and employment uses in the nearby vicinity, which should minimize conflicts and maximize use of land. • "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. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The area surrounding this vacant site is part of the City and is almost entirely developed with the exception of the property to the east which is approved for a multi family development(H-2020- 0118;H-2021-0007). Development of this infill property will result in more efficient provision of public services. • "Require urban infrastructure be provided for all new developments, including curb and gutter, Page 8 sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. • "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 proposed multi family development/vertically integrated residential project and future retail development is in close proximity to employment, restaurant, entertainment, office and service uses. This mix of uses will enable residents to shop, dine,play and work in close proximity to their residence, thus reducing vehicle trips and enhancing overall livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B) Development of the subject vacant land, currently in the City limits, is encouraged over parcels on the fringe of the City. The development of this property will result in better provision of City services. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) A modification to the existing Development Agreement(DA)(H-2016-0056 Volante Investments—Inst. #2016-0060157)is proposed to change the use and update the conceptual development plan and building elevations for the northern portion of the site. The DA originally included the abutting property to the east at 2700 E. Overland Rd.but was amended in 2021 to exclude that property from the agreement and deleted provision#5.1.3 which pertained to development of that property(H-2020-0118, Inst. #2021- 119176). The existing conceptual development plan depicts an 85,000 square foot WinCo Foods grocery store on the northern portion of the site and vacant land on the southern portion of the site planned for retail uses. The proposed plan is for a 351-unit apartment complex(i.e. multi-family development)that includes vertically integrated residential uses(3 non-residential spaces on the ground floor with 2 residential units over each non-residential space); seven(7)retail building pads are depicted on the southern portion of the site. This is the same developer of the multi-family development to the east that was recently approved for 360 units—this project will be phase II. WinCo has decided not to open a new store in this location and instead is planning to remodel its existing store in Meridian on S. Progress Ave. They feel this is not a favorable location for another store and that it's not in their best interest to sell this land to another commercial or retail user. As discussed above in Section V, Staff believes the proposed plan provides housing for nearby employment uses and contributes to the mix of uses desired in the MU-R designation. The adjacent commercial development to the west provides retail,restaurant and entertainment uses which will be utilized by the residents and are within easy walking distance. Staff is generally supportive of the proposed modification;however,has concerns about the negative impact any development of this property will have on the existing transportation network in this area. Note: When the 1st amendment to the DA and the preliminary_plat was approved with H-2021-0007, Staff had included a provision in the DA,which was approved by Council in the Findings, for the property to be subdivided(i.e. a final plat recorded) rior to submittal of any CZC &DR applications for the site. The Applicant changed the language in the amended DA,it wasn't caught by Staff/Council and the DA was recorded with the incorrect language. As part of the subject amendment, Staff recommends this provision(#5.1e)is amended consistent with Council's approval of the Findings. Page 9 B. CONDITIONAL USE PERMIT(CUP) Conditional use permit for a multi-family development consisting of 3-54 345 residential units [(7) studio units, (-2 196) 1-bedroom&(142)2-bedroom units] on 11.65 acres of land in the C-G zoning district at a gross density of 30.13 29.61 units per acre. The two(2)northern buildings(Building 3)will be 4- stories in height,the two(2) southern buildings (Buildings 1 and 2)will be 3-stories in height and the clubhouse will be 2-stories in height. Dwelling units will range in size from 569 to 1,159 square feet. This development is proposed to be constructed in one phase.Note: A vertically integrated residential project(i.e. live/work,) is proposed in Building 1 at the southwest corner of the site that contains three(3) non-residential ground-level spaces with two(2) 1-bedroom dwelling units over each non-residential space. Vertically integrated residential projects are principally_permitted in the C-G district, subject to the specific use standards listed in UDC 11-4-3-41 and do not require CUP approval. 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: "B. 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 structures appear to comply with this standard except for the garages along the eastern property boundary; the site plan should be revised to reflect a minimum 10 foot wide building setback around the perimeter of the development. 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 not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. 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. The Applicant's narrative states a minimum of 80 square feet ofprivate usable open space will be provided for each unit in the form of balconies and patios. Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 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 proposed parking meets and exceeds UDC standards per the analysis below. Page 10 Based on(7) studio units; (202 196) 1-bedroom units; (142)2-bedroom units and a 9,950 square foot clubhouse, a minimum of 6N 640 off-street parking spaces are required, including guest parking,with-44 338 of those in a covered carport or garage. Accessible parking is required in accord with ADA standards. For the vertically integrated residential portion of the development, a minimum of 6 spaces are required for the six(6) 1-bedroom units plus eight(8) spaces for the non-residential area,based on a total of 2,016 square feet, for a total of 10 required(uncovered) spaces. Between the multi-family and vertically integrated residential project, a minimum of 650 spaces are required including a minimum of 338 covered spaces. A total of 653 spaces are proposed, including 354 covered spaces,which exceeds the minimum standards by 24 3 spaces. The parking for the non-residential portion of the vertically integrated live/work, units are mixed in with the residential parking; Staff recommends these spaces are restricted to patrons of those uses only. Based on 653 vehicle parking spaces, a minimum of 27 bicycle parking spaces shall be provided in accord with the standards listed in UDC 11-3C-5C.A total of 27 bicycle spaces are proposed in accord with this standard. 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 Applicant's narrative states these items will be provided,- 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(UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed ten(10)percent of the gross land area for multi-family developments of five(5)acres or more. Based on 11.65 acres of land, a minimum of 1.17 acres of common open space is required to be provided. 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.None of the units are below 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.All 3-M 345 units are between 500 and 1,200 s f.; therefore, a total of 8�50 86,250 s f. (or 2-.W 1.98 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.None of the units are over 1,200 sf of living area. Per this standard, a total of 87-,7-5 86,250 sf. (or 2-."1.98 acres) of common open space is required. Combined with the 1.17 acres noted above for the baseline requirement, a minimum of 348 3.15 acres of common open space that meets the standards listed in UDC 11-4-3-27C is required to be provided in the proposed development. Page 11 A total of 110,905 square feet(or 2.55 acres) of common open space is proposed consisting of linear open space along the north &west boundaries of the site with a 10 foot wide multi-use pathway connecting to the pathway in the first phase of the development to the east; a park with grass consisting of 9,803 sf in area; a large amenity area; roof-top terraces on the clubhouse and leasing office; and street buffer and additional common area along E. Cinema Dr., a local street as depicted on the open space exhibit in Section VIII.D. There is an existing 40 foot wide sewer easement centered on the westproperty boundary(20' on this site) that contains an access road.A 14 foot wide access road is required to be maintained on this site,lawn and shrubs are allowed outside of the access road area within the easement but trees are not. Staff recommends an additional 5-feet is provided outside of the easement area for trees per the standards listed in UDC 11-3B-8C and 11-3B-12C:or, apply for alternative compliance as set forth in UDC 11-5B-5. (Note:If wheel stops are not proposed to be provided within abutting parking spaces, an additional 2-feet is required to be added to the adjacent buffer to allow for vehicle overhang per UDC 11-3C-5B;the length of parking spaces may be reduced by 2-feet to 17 feet if 2-feet is added to the buffer width.)In order to count toward the open space requirement, the area must not be less than 400 sf. in area and shall have a minimum length and width of 20 feet and be fully landscaped. The non- landscaped area where the maintenance road is located may not count toward the common open space requirement,therefore, the open space exhibit should be revised and additional open space should be provided to meet the minimum 3-.8 3.15 acres. Also an option would be to request alternative compliance to the common open space standards listed in UDC 11-4-3- 27C per 11-4-3-27C.3b. Note: The allowance for alternative compliance (ALT)was intended to apply to the baseline common open space requirement but was inadvertently placed in the wrong code section with the last amendment—this is being rectified with the next series of code amendments but until then,ALT can be requested. 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.E 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)None of the common open space is located adjacent to a collector or an arterial street. D. Site Development Amenities: All multi-family developments shall provide for quality of life, open space, and recreation amenities to meet the particular needs of the residents as noted in UDC 11-4-3- 27D. The number of amenities shall depend on the size of the multi-family development based on the number of units. For multi-family developments with 75 units or more, four(4) amenities shall be provided with at least one (1) from each category. For developments with more than 100 units such as this,the decision-making body shall require additional amenities commensurate to the size of the proposed development. The following amenities are proposed from each of the following categories: 1)Quality of Life— clubhouse/lounge with a game room,24-hour fitness facility, coffee bar and a business center; pocket library; grills and fire pits; and public art space; 2) Open Space—9,620 s.£grassy courtyard Page 12 area with six(6) seating areas with benches and shade structures, a hammock lawn, a 3,800 s.f. rooftop terrace, and a pocket library; 3)Recreation: swimming pool and a 10-foot wide multi-use pathway around the west and north boundaries of the site that connects to the perimeter pathway in Phase I; and 4)Multi-Modal: charging stations for electric vehicles. Staff is of the opinion the proposed amenities are commensurate with the size of development proposed. E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. Additionally, all street facing elevations shall have landscaping along their foundation that complies with the standards listed in UDC 11-4-3-27E.2. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations adjacent to E. Cinema Dr. in accord with these standards. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C. Street buffer landscaping along the 1-84 off- ramp, classified as an entryway corridor, and along E. Cinema Dr., a local street, is required to be installed with the subdivision improvements. 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; a copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. Noise Abatement: Because residential uses are proposed adjacent to I-84,noise abatement is required to be provided within the buffer along 1-84 in accord with the standards listed in UDC 11-3H-4D.Noise abatement in the form of a berm or a berm and wall combination is required to be provided approximately parallel to the freeway. The top of the berm or berm/wall is reuqired to be a minimum of 10-feet higher than the elevation at the centerline of the freeway. The Applicant is not proposing to construct a berm and/or wall as required and requests alternative compliance to this standard. Per UDC 11-3H-4D.4, the Director may approve alternative compliance as set forth in UDC 11-5 where the Applicant has a substitute noise abatement proposal in accord with 1TD standards and prepared by a qualified sound engineer. Alternative compliance(ALT)to the noise abatement standards is requested because the buildings along the northern boundary of the site are set back between 110 and 145+/-feet from the I-84 off-ramp and a berm/wall with landscaping would not adequately buffer a multi-story building. A letter was submitted from Bionomics Environmental, Inc., listed on ITD's website as an acceptable consultant for noise studies,with an alternate recommendation for noise abatement in the form of double-paned windows with an STC rating of 31 for all units facing I-84 and the off-ramp and minimizing the number of window openings facing 1-84. The letter states that in his opinion, double-paned windows are preferable to a noise wall and will provide adequate noise abatement for this site based on the reasons in the letter included in Section VIII.G. Based on this analysis,the Director is supportive of the request for ALT for double-pane windows with an STC rating of 31 to be provided in all units facing I-84 and the off-ramp. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations and perspectives were submitted for the proposed structures as shown in Section VIII.E. A modernist vernacular theme of design is proposed with a monochromatic color palette of off-whites and shades of gray with lap siding accents and decorative balcony railings for color and texture. Final design of all structures is required to comply with the design standards in the Architectural Standards Manual. A final plat application is required to be submitted,approved and a plat recorded for the second phase of WinCo Wells subdivision(H-2021-0007)to create a developable parcel prior to submittal Page 13 of a Certificate of Zoning Compliance and Design Review application for the proposed development. VII. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement and Conditional Use Permit; and the Director has approved the request for Alternative Compliance per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on August 4,2022. At the public hearing,the Commission moved to recommend denial of the subject CUP request. 1. Summary of Commission public hearing_ a. In favor: Elizabeth Koeckeritz, Givens Pursley; Jonathan Fragoso,Morgan Stonehill Partners; Ryan Morgan,Morgan Stonehill Partners b. In opposition:None C. Commenting. None d. Written testimony: Elizabeth Koeckeritz,Givens Pursley e. Staff presentinggpplication: Sonya Allen 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. Desire for better pedestrian access/walkabili , to be provided to adjacent businesses and employment uses within the area from the proposed development; b. Concern pertaining to the impact on traffic in this area if the proposed development is gpproved; c. Not in favor of more apartments on this property as the multi-family development to the east was approved largely because a retail rg ocery store was conceptually approved to develop on this site. 4. Commission change(s)to Staff recommendation: a. The Commission recommended denial of the application for the following reasons: traffic concerns and the approved development plan for this site is retail space and desire for it not to change. 5. Outstanding issue(s) for City Council: a. Staff has Page 14 VIII. EXHIBITS A. Existing Conceptual Development Plan&Building Elevations and Conditions —^'@ ---------f'�...� —�-= �_ '. SITE DATA DATE o4nz zo15 -- -- LOT 1875 ACRES 85,000 S.F.MAJOR 4855TRLL5 5.7011000 ---------- LOT 2 LOT 3 i n TOTALS PARCEL B LEGEND NUMBER OF STANDARD SPACES PARKING SPACES MAJOR A ® CARTCORRAL 85,000 S.F. #TOTAL NUMBER OF PARKING SPACES SINGLE STORY I PER PARCEL PROPERTYlFARCEL LINE P i i D BUILDING LINE ---- EASEMENT CONCRETE SIDEWALK • wLI 777T7 BICYCLE PARKING APN,S1117438626 FAR:24% a I MAX,BUILDING HEIGHT,32'-4' ZONING',C-G-GENERAL RETAIL AND DESTINATION PLACE SUB. SERVICE COMMERCIAL DISTRICT TOTAL SITE AREA',816,2135,F,113,75 ACRES w 1 TOTAL PARKING AREA, 129,388 S.F. p� TOTAL PARKING LANDSCAPE AREA:35,5175.F, PARKING LOT LANDSCAPE PROVIDED:271 OZNi _ TOTAL LANDSCAPE AREA:58,5885.F, 04L�Luu� PERCENTAGE OF LANDSCAPE:12% Ow5w PARKING STALLS REQUIRED:170 ZO�� a . PARKING STALLS PROVIDED:405 CINEMA DR $W PARKING STALL SIZE:9,5'x20' ADA STALLB REQUI RED,9 ADA STALLS PROVIDED',10 BICYCLE SPACES REQUIRED,20 �eme,e�ow, BICYCLE SPACES PROVIDED',32 xwmu�.en rwuEwR ___ I nPPLlnnNrOC[n'IR'eIIECT. O BLOCK 2 Q 2—ernavT aLE,o N VACANT LAND w-w'r<IIH co c-�Ax�lamLLUA 'w caNT.�cr.cLea wms NnAa,m�mmem.�RHn,.bmN Q I'I I I 5�;wic�nNCE O I 8'l50 TALLON LN-NE.STE tHO �O OLYMPI.N'A9850E PRONE. 60.353-1465 I CONTACT:SnANIXIN JOxrvSON,PE E-MAIL,bmodovlaMaonTg�ecj.Iliaoce,eom ______ _ LEGAL DESCRIPTION'. _ - - - - - - - - BEING A PORTION OF PARCEL 1,LOCATED IN THE e«w.... SW Y OF THESE Y.OF SECTION 17,T,3M,R,IE„ SHEET TITLE ar Q »s E OVERLAND RD B,M,BOISE,ADA COUNTY,IDAHO PRELIMINARY SITE PLAN �- NORTH SITE PLAN SHEET SCALE:1"=40'-0" -- sc C-1 Page 15 `�xu `ilen,�[Wu a FRONT ELEVATION FALL wuu•�'•W WlnCo A 6 ENLARGED ENTRY/EKR �.m n«GE.ENLARGED FRONT EXIT 1 /OOOF III IF AFAR FI FVATIDN Poro +rtrtnLKM<T R 1 wwu vufc� wllLIwIEL wxu wxeL x�._.nnr_ on sA�bw ¢ ow wccar xnxo oa Fur � � rlrf SDn tact GNV � RIGHT ELEVATION . u '�00� Enr 3rvr er,a treu srnoaax er,� rwn au ssvr ea du � LEFT ELEVATION Page 16 4. USES PERMITTED BY THIS AGREEMENT: 'nis Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All development shall comply with City of Meridian ordinances and the Comprehensive Plan. 2. Development of-the west parcel located at 2600 E.Overland Road property shall be generally consistent with the conceptual development plan and building elevations included in Exhibits AA and A.5. 3. Prior to development of the east parcel located at 2700 F. Overland Road, the Development Agreement shall be modified to include a conceptual development plan that is consistent with the MU-R F L U M designation contained in the Comprehensive Plan. 4. With development ofthe subject property,the developer is required to extend sewer k water mains to and through the property. 5. Future development shall comply with the design standards contained iit UDC l l- 3A-19 and the Architectural Standards Manual and/or any updated versions thereof. Note: Provision#5.1.3 was stricken by the 1't Addendum to the DA(H-2020-0118, Inst. #2021-119176). Page 17 B. Proposed Conceptual Development Plan DATE 1-ft Ji i! h 7'ik6 � R ,_ � 'i II ITTIII'',? -ITTI'l IIIIII;II I I Irlli�LL irn rll:alal�ra' �i — - .I•FIIkFFilH I' — y r r'lllllllfl _ trlllllll;r z II �j• L rh } m rr� va i ......... T d r z ! J li Wit' - E.Owing ng 04.(POW Z1 rn r Z Page 18 C. Proposed Landscape Plan, Site Amenity Plan& Site Data(date: 4/27/2022) GFNFPALLA"DSCAPENOTES UND ... PLAH35CHEDULE GROUP •• ''r•••'�,• " Y M-CUUM BOTANESILRAE Eoor SM RAY .. .-. AC AB ALS3ix FREEWXI'.EAfOUM'TM BAB 2CAL 15 CaTISO MENTAL'FAST1GkTA' B86 2CAL 1A ppp-F,y CEOC CEIRS CCC[EITIALIS BB 2CAL 34 a PE cLArnesns EBm1eEA.ramNs RN!' BAB zCAL 11 _ GAG GNM BLEBA'MnM GDLU TL BAB 2CAL 7 LLCA u-LmxFRChnHi eae TCkL 17 _ .. .. . '. .- � �.�v..r• EhRSEBI(REPS BOTANIGYhNE ROOT s� Q1Y ".•-•,.. PI FA PM PU;M FASTIGSTR' BAB fi H-OGM 15 .... ...i n u. .. - - TA B% TAXMKN CMTRt7.N'SR74 UT61 848 C HT. 5 - ve ORNNB47AL TFEfS BOTANC&NAE ROOT SVE RAY ACM ACERTA1AWN'HOTWNLS' BAB 1SC'L 33 A61AB ABANCFER X GRAI DFUX?A'AlIRI1.N MLIWROE B A B C CUJNP 19 u - w�a-ium umma�n.r.. �xr STREET LOr THILR TMSRENJIREO TPE€SPAWIDEH E0RER4DRIA I SLO 15 15 - _ STREET EURERS $ • - - �.-"O"r STREET BUFFER WIDTH REWIRED BUFFER WIDTH PROVIDED - •• .. .. w.iiur na ECINEMA DRIVE IV 4r ~ AUJRCIIET V5E NRERS = y LL� LOCATIONI BUFFERWIDTH REQUIRED SURER WIDTH PROV10E0 U G7 NORTHOUFFER 3S 35' J 2 WEST WFFfR 2R 23' LL G G .. .,I , w.uxoww awmu FAMNR LOT BURERS C3 = _ WIDTH MORARE0 WIDTH PROVIDED 2 - x •. n w-.ixn¢n..a naae vnm svvi riRium onaa xm¢ox LL ..e�om'c�exs INTERAIRI LRIIOfiLPIIIEIfi L7 � -_ TOTAL/Of STALLS TREES REQUIRED TREES PROV1 D a art•'.r... . - �wn+a�n:•x. - - •- nwaviwru Page 19 THE € �_ Lao a J LEGEND - �. � aGWIrTUf J J m� - - - _--- ------- - --_JP a Rum qua �r�. s Nil wcra.wm W �. 1' aa._ THE Lul I i - �ti TRAIL NODE w/POCKEt LIBRARY INTERSTATE I.84 �J» >'nRLl�oesEar TRAIL CONNECTION 1p 7-7TO PHASE 1 PASSIM COURTYARD �e I JW- 10'MULTP-USE TRAIL � CARPORTS - '2 W POVL COII RTYARD x O ,a LEASING PLAZA VJCD ENHANCED INTERS{CTION W C7 PAVING _ C � J s C3 a 1 HAMMCKK LAriH IF C INEMADR.IIRRANEDGE L-3.0�~ Page 20 mro'4 xll� 4�n y.y.�.—q e..py.y,4,..�.—'4 s.Y•Taq wY — 6llY ;ar ir'ra_4 pWfr n iolxy Ip}'.Y >Ir`luiva6 sEA r — iolnl s4lY � ip�7s1 NtaY _ n a» Ran YviN.lvu.��ry m 1gMn x;low(y e_ •I;umVy 27Pu>uf1 Nf fpolYlE ��� a.11vrea4 mr 6as Rrh pl aPu>uf1 ppyr aumF4k- uaf� loaf of O u aomfVy {sr yYr �I� yno.4+� uno.4+� x po•vE ppax upon �Ix upoao� loaf a4ul% uP�1 5-n yYY a s-ar vsPx rmmy c;apawy cis _ n pow [as upopwE fA3 R popwE a4-s SITE DATA OVERLAND WELLS II APARTMENTS NG nOOCan SiOHEn I;; 4RRS5 PEwIGI'1 LAND #OTT N#LIMITED-ALL RIO HTS RE SERVE0.THE CO nCE PTY i.nD GRAWIrva3 ARE PROTECTED 11NDER�S :v.D lfiiE WI A1IOM AL CO WRIO HT AMDINTE LLE CTD�LL Fki1FERTY LAWS AXD CAn nCT BE Il3ED In AnY AWnfiER WMH OUT EXPRESS WRITTEfi CONSEMi- Page 21 D. Qualified Open Space Exhibit(dated: 4/27/22) Ell M, I r w _ = J OPEN SF3ACE PRa[MED ' ' u.■.wra�[[rerzs stews r amrmraaery-•,—_— geyrc W k x y 2C amrivarona.caw �s p f e wmcsti a a..a w-.,,wn Z J C = Z W LL ! .-•k k•. • 7 •� w�• ....n.. .. r II S4 s ii 4 1 4 I+ L-4.O Page 22 E. Conceptual Building 1 i Renderings fori Clubhouse a o ® ■ o e I Tra 11 11 L11•1•1■1■1•--11 inr ai 11 11■1l.1l.1l.1 711 7 1 1l. CONCEPT ELEVATION A IIIp �11 o �' 11 11' 1 11,1 I- O11 ��� ■1111■■ ■ ■�■: ■■ ..■ ■■ ■ �■ ■u 11 � ■ ■ CONlCEPT ELE VA710N B KEYLEGEND o © ww ® o ; e. ra ® nELEVATIONS OVERLAND LAN 111111 1 11 11 _ If LU As 11 =111 11 11111! n■■u T a]■■ ■ ■■■■ ■ CONCEPT ELEVATION A o e o n ® a o =a 11 11� 1! ■■■. Ills ■� 11 1�- �. ■dr ■: 1111 GONECE PT ELE NATION B KEYLEGEND OVERLAND W.E.L,LS'.11, APARTMENTS LAN 5HORP A. • El n� LL m DI ® = d m ■ ■ m LN, I ir — 0 1 _6 4--��d ■ ■ m L T. low l_LI._ ■ I1J L<LMEMO 6 CONCEPT • KEY LEGEND suoca- snxca. unnuL,so wxcErl�cnr+x �E ❑2 ��� ®�nurroE © i.�raLruiutic ❑8 LtaLoworr BUILDING 3 ELEVATIONS rRe OVERLAND WELLS 11 APARTMENTS NG� 17 NNUKMS D SIGN LANG rr I .. GROUP nERiGiAH. �G]LHG i O O]tl]]LH G'L�Mrt ED•nLL•RLGHiS RESERVED.IHE—C EFT.....ING6 ARE PRGIEC I ED UNDER Y I AND—E-Al.-AL COPTRIGHI AND INI—ECIVAL PRGPERI LAWS AND-.H.1 E E—D-R.HT MANNER WGH-I E%MESS WRIIIEH-.1ENI. Page 24 i # OVERLANDVISION THE i N Page 25 i� i� r VIEW LOOKING POOL,FITNESS.CLUBHOUSE AND ROOF TERRACE 11A 'j" OVERLAND WELLS II APARTMENTS „a Noaws PFSMN i®u"xo°v ...�e�.. re..e 9 ■■ ■ AERIAL PERSPECTIVE VIEW LOOKING NORTH WEST OVERLAND WELLS II APARTMENTS N+ mo '_- NDRUSD IGI ��e�wP .E.rei...ie.we '� i O ■ �I AERIAL PERSPECTIVE VIEW LOOKING NORTHEAST L - Norwe uu�iu+ ineu OVERLAND WELLS o IIo APARTMENTS N+ 11 GROPP Page 27 V 771 VIEW FPOM CROSSROAD LOOKING EAST IIT�- Jl» L�aoo v OVERLAND WFELLSe11 APARTMENTS N+ 12 .00e. NONuso�� pr _ �dl d �-r VIEW FROM URBAN PLAZA LOOKING EAST NowsJourninwn OVERLAND WELLS II APARTMENTS N+ 1Z J VIEW FROM ADJECENT SITE LOOKING NORTHEAST p� P OVERLAND WELLS o IIo APARTMENTS N+ 1 /I `t e, Nouus oesrr cwo°u 0 Page 28 F. Legal Description for Property Subject to Amended Development Agreement UEGAL DESCRIPMON f THE LAND PaVIDF1 0 R 0 U P J UN E 6,2022 PROJECT NO.:122056 2600 EAST OVERLAND ROAD A PARCEL OF LAND LOCATEIF IN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 17,TOWNSHIP 3 NORTH,RANGE 1 EAST, BOISE M E R DIAN,CITY Of MERJDIAN,ADA COUNTY, IDAHO,BEING MORE PARTIICULARLY DESCRIBED AS FOLLOWS: OOA+MENCING AT THE SOUTH ONE QUARTER ODRNER OF SAID SECTION 17, FROM WHICH THE SOUTH EAST CORNER OF SAID SECTION 17 BEARS NORTH 89P45`00' EAST,7656 84 FEET THENCE NORTH 00-24-W EAST, dSAO FEET,TO THE SOLFTHEAST CORNER OF DESTINATION PLACE SUBD VISION FILED IN BOOK 43 OF PLATS AT PAGE 11190,RECOROSOf ADA COUNTY, IDAMD,SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST OVERLAND ROAD AND THE POINT OF BEG INNING; THENCEONTHE EASTERLY BOUNDARY LINE OF SAID DESTINATION PLACE SUEIDIVISION NORTH W2405" EAST, FEET,TO A POINT ON THE SOUTH ERLY RIGHT-0E-WAY LINE OF INTERSTATE 84; THENCE ALONG SAIDSOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING 3 ODUIRSES AND DISTANCES: THENCE NORTH 8:V35'27R EAST,158.13 FEET; THENCE 5 H SWIW23"EAST,471.33 FEET,TO A POINTOF CURVATURE- THENCE 53-33 FEET ALONG THEARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,806J.96 FEET,A CENTRAL ANGLE OF 02'00'17"AND WHOSE LONG CHORD BEARS SOUTH 85'1Q'34" EAST,63.33 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-0E-WAY LINE SOUTH OW24'05" WEST, 1134.59 FEET TO A POINT O N TH E NORTHERLY R IG HT-OF-WAY LINE OF EAST OVERLAND ROAD; THENCE ALONG SAID NORTHERLY RIG HT-OF-WAY LINE THE FOLLOWING 4 COURSES AND DISTANCES: THENCE SOUTH SW59'52"WEST,71.96 FEET; THENCE SOUTH OO 24'05"WEST,11.58 FEET; THENCE SOUTH 45'33'34"WEST,28.68 FEET; THENCE SOUTH BW41VW WEST,597.70 FEET TO THE POfITOF BEGINNING. THE ABOVE-DESCRIBED PARCEL CONTAINS 19.7Al,ACRES MOIRE OR LESS. PREPARED BY:THE LAND GROUP Cf 'L LAjV MICHAEL S.FEMENIA 1 -OF -462€ant Shore Drive,Suter 100.E:a9k.Idaha 8M1e 246.00-4441 thNandgroupmr.00m Page 29 47 TTN81-3527'E 158.13' 2600 E. Overland Rd. _.4= for HJco Winco Foods, LLC a I Situate in a portion o1 the SUM 1:4 of the SE 1;4 of Section 17 Township 3 North,Range 1 East.Boise Meridian City of Meridian.Ada County.Idaho 2022 a I I Curare Table jI I CURVE LENGTH WWU5 DELTA CHORD BEARING CHORD LENGTH G1 Mal 1'W9m 2"DMr SMU3fE e3m N 2600 E OVERLAND RD r F WINCO FOODS LLC APN=S1117438526 co .a Q 18.74 AC± ,�,L L4uo a b a 13 a� c 4� Cc cJ G6.U. G22 sag°5s15zw 71.96 a" SOD124051W 11.58' O go o N04°24�G5'E 45.00' SA5°33'34y4N 28.68' SE C4R.SEC.17 I6 —R+w W SHIWOM 597.7e � 51lA SEC.17�4 — — ! Y" $A$T UVE12�Ax11 R��tD NBs'4fiOU'E 2656.Bd' !! �� S Exhibit "B• Pf]0' 4f�a' N Horizontal Scale_1'=POR p KKo.:120181 ail Page 30 G. Alternative Compliance Details INTERSTATE 1-84 ------------------------ Units on these two(2)buildings facing I-84 and the off-ramp will have - - --- -_-._ windows meeting the following specifications: Alside Fairfield 70 Series r A571-70 Series Single Hung Frame Color=White Double Glaze,ClimaTech,DS/DS,IE Liners,STC Rating=31 IIIIIIIIII HIM J y. m e 8: N O -- ---------.-.-.--- e,Clnena fr�TUY�c}! r t b, .; ,.�... ........... .... ............. ,. -- PI 11. J'III III I� 11 ,6 L1l R-'TT .-QK$rIaIld Rd (Pub - � ia _ Page 31 0 Dave Aizpitarte Bionomics Environmental,Inc. 1045 East Winding Creek Eagle ID 83616 208-939-1022 1 visited Phase Two of the Overland Wells proposed site 3/24J2022 and its proximity to 1-84.Similar to Phase One,in my professional opinion,double-paned windows are preferable to a nolse wall and provide adequate noise abatement forthis site, Dave Aizpitarte background David Aizpitarte has performed and supervised all aspects of traffic noise studies,including all field sampling using FHWA procedures for sampling and quality control.He performed and supervised computer modeling using Stamina 20,TNM 1.0,and TNM 2.5 for modeling present and future traffic noise impacts.He has attended classes in traffic noise analysis including seminars presented by Bowlby and Associates and HMMH Inc.(developers of TNM).He is a traffic noise expert witness for the ACHD and the ITD and has served both on an advisory group for the upgrade of TNM and the ITD noise policy. He has performed a wide variety of traffic noise studies throughout Idaho and Montana in support of road design,airports and facilities expansion. 1 The location is relatively far away from the 1-84 centerline.Blonomics designed(non-engineering)the noise walls across from the Boise Airport on the north side of 184.The regulations did not require us to study receptors similar to the Overland Wells Phase Two proposed apartment complex located further away than ones located adjacent to 184.The further a potential sensitive receptor is from a noise source (184)the more community noise becomes a factor. 2.Similar to Phase One,the elevational difference and terrain features cover up the tires of the vehicles both on the eastbound off-ramp and 184.This would be a benefit for the first level(ground floor)of the apartments.At higher speeds tire noise is the predominant noise source and having them obscured by terrain can be sufficient mitigation.From what I observed I feel this is the case at this proposed project location. 3.ITD noise policy does not contemplate any mitigation for second or third floors of receptors in an apartment complex, The noise walls are typically not feasible from an engineering basis(too tall, structurally unsound)and not reasonable from a cost basis.I would recommend mitigation such as double paned windows and minimize the window openings facing the freeway.A Light Frame Ordinary Sash(closed)window will give you a 20 dB reduction in interior sound levels,Storm Windows will give you a 25 dB reduction.This is a cost effective and superior mitigation to noise walls that start a 7 dB reduction per receptor and again,walls only mitigate for the receptors directly behind them. 4.From an esoteric standpoint,walls can be claustrophobic and conflict with the view of the foothills (visual impacts).For example,Bionomics was able to design a wall for the Renaissance apartment complex on Chinden that met both engineering(Feasibility)and cost(Reasonability)criteria set by the FHWA(Federal Highway Administration).The owners felt thatthe wall would disrupt the view and give the apartment complex a"penitentiary"look, They declined(desirability)the wall. The same issue happened on the south east quadrant of the Ten Mile interchange.Similar to this proposed project the terrain features of the off ramp offered noise mitigation and the neighborhood was unanimous in retaining their view of the foothills. I hope this will give you a good case and please review and give me any comments or corrections. Dave Aizpitarte Principal Bionomics Environmental,Inc. Page 32 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION The comments &conditions pertaining to the CUP were stricken due to the Commission's recommendation of denial of the application and change in the development plan. Development Agreement Modification: 1. The conceptual development plan included in Section VIII.B and conceptual building elevations included in Section VIII.E of this report shall replace the conceptual development plan and building elevations included in Section VIII.A and in the existing Development Agreement(DA)(Inst. #2016-060157). Provision#5.1.e of the DA shall also be amended per the analysis in Section VI.A, as follows: "The Property shall be subdivided(preliminary plat.ppr-,,ved)and this Agreement recorded prior to submittal of any Certificate of Zoning Compliance and Design Review applications for the overall site." 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. Conditional Use Permit: 2. Prior to the City Couneil hearing, submit 0 FeViSed eommon open spaee exhibit that eomplies with the minimum standaMs listed in UDC 114 3 2;ZC—.A minimum of 3.15 aer-es of qu 3. A final plat applieation shall be submitted, approved and a plat r-eeor-ded for-the seeond phase of the WinCo Wells subdivision preliminary plat(14 2021 0007) to eFeate a deVelopable PaFM pr4or to submittal of a Cer-fifleate of Zoning Complianee and Design Re-view applieation for-the proposed development. 4. The multi family developmefft shall have an ongoing obliga4ion to eamply with the speeifie use sRndafds listed in UDC 41-4-3-2-7. of eighty(90) square feet foF eaeh unit ift aeeor-d with UPC 11 4 3 2 7B.3 with the Get4ifieme of 6. The multi family development shall r-eeer-d a legally binding deetiffient that states the maiffteflaflee and ey,,%er-ship responsibilities for-the management of the development,ineluding,but not 5. Submit floor-plans demeastfating eamplianee with the minimum private usable open spaee standaf A r-eeor-ded eopy of said doeument shall be submitted to the Planning Division prior-to issuanee of the first Cer-tifleate of Oeeupaney for-the development. 7. Comply with building eede r-e"ir-efnents for-sepafation between stmetwes within the development. S. The site andler-!a-adseape plan submitted with the Cei4ifieate of Zoning Compliance shall be r-evised as f hews. a. Buildings shall pr-evide a minimtun sethaek of ten feet(10')unless a gr-ea4er-setbaek is othe eeHT4,with this standaf& mailbox leeation(ifieluding provisions for-par-eel mail,tha�pr-eVide safe pedestfiafi afld'Of- Page 33 location vftiose entering the level or-a with UDC 11 4 3-2 7-B.-;� b. All transfoFmer-and utility vaults and otheF sen,iee areas shall be loeated in an area not visi 11 UPC —4-3-27-B.2. d. Depiet landseaping along all pathways in aeeot:d with the stafidafds listed in UPC 44 3B 12-CL. e. PFOvide a ininimum of 3.15 aCFeS of eommon open spaee that complies with the standaFds listed n r T rr I-4-3-2-7C—. g. Widen the btiff-eF along the west botindar-y of the site to ineltide a ininifflum of 5 feet outside o the sewer-easement to plant tt:ees in aeeor-d with the standaMs for-pef:imetet:parking lo f-. loelude details for-the proposed amenities (i.e. gFills & Afe pits,publie a14, shade stFtietiiFeS-, fOF altemative complianee to these standards as set fofth in UDC 11 5B 5. (Note: if wheel stops aFe BOt PFOposed to be pFovidedwithin abutting par-king spaoes, an additional 2 feet is required to be added to the adjaeent buffer-to allow foF vehiele over-hang pef:UPC 11 3C 5B; the lepigth of par-king spaees may be feduced by 2 feet to 17 feet if 2 feet is added to the buff-er—width.) A 14 footvvide maintenance road should be depieted within the easement and any landseaping within the area where the maif4enafiee road is loeated should be r-emoved f+ofn the plan; the 6 fbot wide area within the easement outside of the maif4efianee road area may be !a-ndseaped with d bushes. 338 eovefed spaees for-the multi family development a-ad vertieally in4egrated residential pr-E�eet per-UPC Table 11 3C 6. The pa+4iifig(i.e. 4 spaees) for-the non r-esidefitial por-tion o 9. The Applieant's FeEIttest fof Alter-native Complianee to the noise abatement standards listed in UDC= ap PUBLIC-WORKS n. light e . , v. be built within „ y easement. poles, t \ tht:l;t i.2 Sewer-easement vafies depending on sewef depth. Sewer-0 15 ft deep re"ire a 20 ft easement, 1.3 Sewer- 18 4or-deeper feqttir-e ., tine manhole. 4.4 For-watef and sewef in pafallel, if sewer depth is gfea4ef than 15', loea4ef watef main 5 ft ffe edge of easement and eepAer-the sewer-main between the water-Main and other-edge of easement. i.5 Utility Plan shows southem main eefineetifig to existing sewer-main on Cinema-Dr. There is > Over-1,,...,a Rd. Page 34 1.6 Efis we r se wet:seFN,ieespass tl -otigb, inf:itF do tfefiehes. i.7 Off-site water-line to the east must be installed to allow looping before this developmen oonstmeted7 i.8 WateF stttb into pr-opeAy at the southeast eomeF of the apaAments needs to be abandoned pef Gity Re"iFements 4 it is not used. 2. General Conditions of Approval 2.i Applieant shall eoor-dinate water-and sewer-main size and r-otitifig with the P41ie Al ent, and execute standafd forms of easements for-any mains that afe requifed to pr-ovide senwe outside of a p4lic right of way. Minimum covef o .ns is thfee feet, if covef ffom top of pipe to sub gFade is less than three feet than altemate mateFials shall be tfsed in 2.2 Per-Mefidian City Code (MCC),the applieant shall be responsible to install sevver-and water- mains to and thr-ough this development. Applieant may be eligible foF a r-eimbtwsement 2.3 The applieant shall pr-oNride easement(s) for all publie watef/sewef mains outside of publie right of way(ifielude all wa4er-sen,iees and hydFafits). The easement wiEhhs shall be 20 feet wide fo a single utility, or-30 feet wide foF t--wo. The easements shall not be dediea4ed via the plat,but r-athef dedieated outside the plat pr-oeess using the City of Mefidian's standard f6fms. The easement shall be graphically depicted on the plat for-r-efefence purposes. Submit an exeetited Lioensed Professional Land Sufveyof,whieh must include the area of the easement(marked EXHIBIT A) and an 9 » » map with bear-ings and distances(marked EXHIBIT B*fof Feview. Both e*hibits ffmst be sealed, signed and dated by a Wofessional Land Sun,eyor, NOT RECORD. Add a note to the pW r-efefeneing this doetiment. All easements ffvdst reviewed, or-well water-foF the p e. if a suffaee E)r-well sour-ee is not available, a single po+R4 eonneetion-to th-pe-, roull�--.-afy 3A,a4er-system shall be r-e"ir-ed. if a single point oonneetion is 2.4 The City of Mer-idia-a Fe"iFes tha4 pr-esstifized iFFigation systems be stipplied by a year- Found the developer will be fesponsible for-the payment of assessments for-the eommon areas prior-to 2.5 All o ' I* — I I wes that are r-e"ir-ed to be r-emoved shall be prior-to sigfia4tir-e on the fitial plat by the Git-y Engineer, Any stfidettires that are allowed to remain shall be sttbjeet to evaluation n,1 possible reassignment of street addressing to be: pl:.nee with T4GC— Page 35 2.8 Any e�iisting septie systems within this pfojeet shall be Femoved fFom sel=viee per-cit�e Or-dinanee Seetion 9 1 4 and 9 4 9. Contact Central Distfict Health for-abandonment pr-ocedures and inspe t ns (208)375 5211. 2.9 Street signs afe to be in plaee, sanital:y sewet:and water-system shall be appFoved and aetivated, Foad base appfoved by the Ada County l4i&way Distr-iet and the Final Plat feF this sttbdi shall be o prior- o 0 will be r-e"ir-ed for-all tineempleted f 1 amenities, n the final Plat rei4C ", SEr'��e�licrc�@�e�ivi=�6 S�g�u�'�" 2.11 All impfovements related to publie life, safety and health shall be completed pfior-to 000ttpaflo� fooFt>, : r� 11 5C 3$ 2.12 Applicant shall be Feqttifed to paY P41ie Works development plan r-eview, and constfuetion fi fees, as deter-mined dur-ing the plan r-e pfiof to the isstia-Hee of a plan appr-oval lettef. 2.13 it shall be the fesponsibility of the applioant to enstir-e that all development foattifes eomply with the Amer-ioans with Disabilities Aet and the Fair-Housing Act. 2.15 Developef shall eoofdinate mailbox locations with the Mer-idian Post 0 2.16—All gfading of the site shall be peffvmred in eery vi=xi afiee with G 1 1 12 314.. 2.17 Compaetion test FestAts shall be submitted to the Meridian Bttilding Depai4ment fof:all building pads r-ee baekfill,where footing would sit atop fill matefia 2.18 The design engineer-shall be r-e"ir-ed to eer-tify that the street eenter-line elevations are set-a mininitim of 3 feet above the highest established peak gr-otiadwater-elevation. This is to easttr-e tha4 the bottom elevation of the er-awl spaees of homes is at least 1 foot abo drainage fareility within this pr-ojeet that do not fall tmder-the jtt or-AG14D. The design engineer-shall pr-ovide eet4ifioation that the faeilities have been inst in aGOOF-d-a"r-'ea.4.vith-lhe appt:oved design plans. This eet4ifieation will be r-eqttit:ed be&r-e -a eet4ifieate of oee"aney is issued for any stniettires within the pr-ojeet. 2.20 At the eompletion of the pr-ojeet,the applieant shall be responsible to submit r-eeor-d df proj t. ents afe listed in seetion 6 5 of the impr-ovement Standards for-Stfeet Lighting. A eopy ean be found at httpi,4'www.mefidianeit-y.or-g�p4lie-wor-!Es.asp�i?id-272. of 2.21 A street light planwill need to be ifieluded in the eivil eonstfuetion plans. St+eet light p----- pfiof to final plat signattife. This sttfety�will be ver-ified by a line item eost estimate providedJay the owner-to the City. The stifety ean be posted in the fofm of an ir-r-evoeable letter-of efedit, eash deposit or-boad. Appli-eant must file an applieation for-stir-ety,Whieli ea-H be &tfad on the Page 36 2.23 The Git-y of Mer-idian r-equir-es that the owner-post to the City a warr-af4y stifety in the amount of GE)m+Yma4-y Develepm&4 Depai4ment website. Please eentaet Land Development Sefviee for- "Fation of two years. This sttt:etywill be verified by a line item eost estimate provided by owner to the City. The surety ean be posted in the fofm of aff iff&veeable letter of efedit, eftsh more information t , 22Ii QFii]T DEP A RgPmENT- TATo n ents were „bmitte nT iP016IGE DEP A R:F A 1f; T D. /l.P_, -n.l,,,;,1;,,,n/';�.. E. COMMUNITY PLANNING nrNING ASSOCIATION ES HO(COMPASS) SS) t .//,..,,l.l;,,. n idi,gnei /A7 1 Lin 1,40e I,V4ei. ,,.?id—766GAAA_,bid—0&, —T f,,,;,1; F. N A ik4p A .Q�1�/1 EmDi A A 7i)Ti�,A Ti9N Dis:m4 ,T(NA/1D) T t ii..,z i v H idi,gnei irate l i ,40 ev;,,,.. , v?id—26nnsn& bid—n&, —n.r,,,;a; No eemments were s4fnitted-. 14. A D A !''ou*Fy HIGHWAY Y DISTR4CT(A C-14 ) 1. COMMUNITY DEVELOPMENT E E O Lei)A 11T1A,iENT SCHOOLIMPACT TABLE Di E 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. The Commission finds that the subject property may not be large enough to accommodate the proposed use and dimensional and development regulations of the C-G district, while providing the required amount of common open space for the development. Units may need to be reduced in order to comply with the minimum open space standards (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. Page 37 The Commission finds that the proposed use is not entirely consistent with the Comprehensive Plan although it's allowed as a conditional use in the C-G zoning district per UDC Table 11-2B-2. The Commission finds the currently entitled retail use of the property more appropriate than the proposed multi family use in order to provide a mix of uses in this area with services to support existing and approved residential uses in the area. 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 existing entitled retail use of the property more appropriate and compatible with other uses in the vicinity and the intended character of the area rather than additional multi family uses. The adjacent multi family development to the east(Seasons at Meridian) was largely approved because a retail grocery store was entitled to development on this site, which would provide a needed service in this area. The Commission finds the replacement of retail with more multi family uses would 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. The Commission has recommended denial of the proposed CUP;therefore, conditions of approval are not included. 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 that although the proposed multi family development could be served by existing public facilities, approval of the proposed development would worsen traffic issues in this area. Therefore, the Commission is recommending denial of the proposed CUP to the City Council. Comments were not received from WASD. The school impact table provided by the Community Development Dept. in Section IX.I shows that the elementary and middle school enrollment was under capacity and the high school enrollment was over capacity as of September 2021; development since that time and/or a change in the school boundaries will alter these calculations. B. Alternative Compliance(UDC 11-513-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: l. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-3H-4D is feasible although not entirely effective due to the height of the proposed structures. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative means of compliance of providing double pane windows on all units in the two (2) northern structures that face I-84 and the off-ramp as noise abatement to the traffic noise provides a superior means for meeting the requirements in UDC 11-3114D. 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 will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 38