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HomeMy WebLinkAbout2023-01-19 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, January 19, 2023 at 6:00 PM MINUTES PRESENT Commissioner Patrick Grace Commissioner Andrew Seal Commissioner Maria Lorcher Commissioner Nathan Wheeler Commissioner Steven Yearsley ABSENT Commissioner Mandi Stoddard ADOPTION OF AGENDA Adopted Motion made by Commissioner Wheeler, Seconded by Commissioner Yearsley. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Yearsley CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Commissioner Grace, Seconded by Commissioner Wheeler. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Yearsley 1. Approve Minutes of the December 15, 2022 Planning & Zoning Special Meeting 2. Approve Minutes of the January 5, 2023 Planning & Zoning Meeting 3. Findings of Fact and Conclusions of Law for the Conditional Use Permit for TM Creek Apartment Phase 4 CUP, ALT H-2022-0080. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 4. Public Hearing for Artisan Victory Market (H-2022-0066) by Kindi Moosman, Horrocks Engineers, Inc., located at 2820, 2910, 2960, 2990 and 3020 S. Eagle Rd. Continued to February 2, 2023 A. Request: Annexation and Zoning of 14.47 acres of land with the R-15 (13.53 acres) and C-C (0.94 acres) zoning districts. B. Request: Preliminary Plat consisting of 4 building lots and 1 common lot on approximately 13.6 acres in the requested zoning district. C. Request: Conditional Use Permit for a multi-family development consisting of 138 units on approximately 13.6 acres in the R-15 zoning district. Motion to continue to February 2, 2023 made by Commissioner Yearsley, Seconded by Commissioner Lorcher Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Yearsley 5. Public Hearing for Meridian OZ Apartments (H-2022-0073) by Realm Venture Group, located at 1475 E. Franklin Rd. Continued to February 16, 2023 A. Request: Development Agreement Modification to the existing Development Agreement (Inst.#99121334 AZ-99-005 Cobblestone Village) to remove the subject property from the agreement and enter into a new agreement for the proposed multi-family development. B. Request: Conditional Use Permit for a multi-family development consisting of 60 dwelling units on 2.39 acres of land in the R-40 zoning district. Motion to continue to February 16, 2023 made by Commissioner Yearsley, Seconded by Commissioner Lorcher Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Yearsley 6. Public Hearing for Promenade Cottages Subdivision (H-2022-0013) by Steve Arnold, A-Team Consultants, located at 403 E. Fairview Ave. Continued to March 2, 2023 A. Request: Rezone approximately 6.819 and 03.26 acres of land from the R-8 and C-G zoning districts to the R-40 (6.61 acres) and C-G (0.535 acres) zoning districts.. B. Request: Preliminary Plat consisting of 30 single-family residential lots, 5 multi-family lots, 2 commercial lots and 8 common lots on 7.64 acres of land in the requested R-40 and C-G zoning districts. C. Request: Conditional Use Permit to construct a 90-unit, multi-family development on approximately 2.8 acres in the requested R-40 zoning district. D. Request: Conditional Use Permit to construct single-family, detached dwellings on the 10 of the 30 single-family residential lots in the requested R- 40 zoning district. E. Request: Conditional Use Permit to allow the existing, non-conforming parking, landscaping and mobile home park to remain as is for an extended period of time in the C-G and requested R-40 zoning districts. Motion to continue to March 2, 2023 made by Commissioner Yearsley, Seconded by Commissioner Lorcher Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Yearsley 7. Public Hearing for Wood Rose Apartments (H-2022-0086) by Housing Company, located at 1160 W. Ustick Rd., north of W. Ustick Rd. between N. Linder Rd. and Meridian Rd. Approved A. Request: Conditional Use Permit for a multi-family development consisting of 46 affordable multi-family housing units with a clubhouse on 3.81 acres of land in the R-15 zoning district. Motion made to approve by Commissioner Yearsley, Seconded by Commissioner Lorcher Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Yearsley Abstaining: Commissioner Wheeler 8. Public Hearing for Wienerschnitzel Drive-Through (H-2022-0074) by John Day, SU Architecture, located at 3136 W. Quintale Dr., near the northwest corner of Ten Mile and McMillan Rds. Approved A. Request: Conditional Use Permit for a new approximate 1246 square foot quick serve restaurant with a drive-through located within 300 feet of an existing drive-through. Motion made to approve by Commissioner Yearsley, Seconded by Commissioner Wheeler Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Yearsley 9. Public Hearing for Franklin Annexation (H-2022-0090) by The Land Group, Inc., located at 2975 E. Franklin Rd. Recommend Approval to City Council, tentatively scheduled for February 14, 2023 A. Request: Annexation of 2.53 acres of land with a C-C (Community Business) zoning district. Motion made to recommend approval to City Council by Commissioner Yearsley, Seconded by Commissioner Wheeler Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Yearsley ADJOURNMENT 7: 23 P.M. Meridian Planning & Zoning Commission January 19, 2023. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Thursday, January 19, 2023, by Chairman Andrew Seal. Members Present: Andrew Seal, Steven Yearsley, Maria Lorcher, Nate Wheeler and Patrick Grace. Members Absent: Mandi Stoddard. Also present: Joy Hall, Kurt Starman, Bill Parsons, Stacy Hersh and Dean Willis. ROLL-CALL ATTENDANCE Nate Wheeler _X_ Maria Lorcher _X_ Steven Yearsley _X_ Patrick Grace Mandi Stoddard _X_Vacant X Chairman Andrew Seal Seal: Good evening and welcome to the Planning and Zoning meeting for January 19th, 2023. And at this time I would like to call the meeting to order. Oh, we got a little feedback on there. The Commissioners who are present for this evening's meeting are at City Hall and on Zoom. Okay. We also have staff from the city attorney and clerk's offices, as well as the City Planning Department. All right. If you are joining 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 will be unmuted and, then, be able to comment. Please note 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 and they will reply as quickly as possible. With that we will begin with -- begin with roll call. Madam Clerk. ADOPTION OF AGENDA Seal: Okay. The first item on -- first item on the agenda is the adoption of the agenda. We have File No. H-2022-0066, Artisan Victory Market, File No. H-2022-0073 for Meridian OZ Apartments and File No. H-2022-0013 for Promenade Cottage Subdivision, will be open for the sole purpose of continuing to a regularly scheduled meeting. They will be open for only that purpose. So, if there is anybody here tonight to testify for these three applications, we will not be taking testimony for them. Can I get a motion to adopt the agenda as presented? Wheeler: So moved. Yearsley: Second. Meridian Planning&Zoning Commission January 19,2023 Page 2 of 29 Seal: It's been moved and seconded to adopt the agenda -- agenda. All in favor, please, say aye. None opposed. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item]. 1. Approve Minutes of the December 15, 2022 Planning & Zoning Special Meeting 2. Approve Minutes of the January 5, 2023 Planning & Zoning Meeting 3. Findings of Fact and Conclusions of Law for the Conditional Use Permit for TM Creek Apartment Phase 4 CUP, ALT H-2022-0080. Seal: Next item on the agenda is the Consent Agenda and we have three items on the Consent Agenda. To approve the minutes of the December 15th, 2022, Special Planning and Zoning Commission meeting. To approve the minutes of the January 5th, 2023, Planning and Zoning Commission meeting and Findings of Fact, Conclusions of Law for the conditional use permit for TM Creek Apartments Phase Four CUP, File No. H-2022-0080. Can I get a motion to accept the Consent -- Consent Agenda as presented? Wheeler: So moved. Yearsley: Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor, please, say aye. No opposed. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: So, at this time I would like to briefly explain the public hearing process. We will open each item individually and we will begin with the staff report. Staff will report their findings on how the item adheres to our Comprehensive Plan and Unified Development Code. After staff has made the presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. 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. 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 -- on the screen for you to run and if you have established you Meridian Planning&Zoning Commission January 19,2023 Page 3 of 29 are speaking on behalf of 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 of those who have signed 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 or if on Zoom press the raise hand button in the Zoom app or if you are only listening on a phone 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 by the applicant -- 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 hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 4. Public Hearing for Artisan Victory Market (H-2022-0066) by Kindi Moosman, Horrocks Engineers, Inc., located at 2820, 2910, 2960, 2990 and 3020 S. Eagle Rd. Continued to February 2, 2023 A. Request: Annexation and Zoning of 14.47 acres of land with the R- 15 (13.53 acres) and C-C (0.94 acres) zoning districts. B. Request: Preliminary Plat consisting of 4 building lots and 1 common lot on approximately 13.6 acres in the requested zoning district. C. Request: Conditional Use Permit for a multi-family development consisting of 138 units on approximately 13.6 acres in the R-15 zoning district. Seal: So, at this time I would like to open the public hearing for Item No. H-2022-0066 for Artisan Victory Market and we are opening this for continuation. So, can I get a continue -- a motion to continue File No. H-2022-0066 to allow them to post with public hearing notice standards. Lorcher: So moved. Yearsley: So, do we have a date when we are moving this? Seal: February 2nd, 2023. Thank you. Meridian Planning&Zoning Commission January 19,2023 Page 4 of 29 Yearsley: Mr. Chair, I move we -- we continue File No. H-2022-0066 to February 2nd, 2023. Lorcher: Second. Seal: It's been moved and seconded to continue File No. H-2022-0066 to the date of February 2nd, 2023. All in favor, please, say aye. None opposed. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. 5. Public Hearing for Meridian OZ Apartments (H-2022-0073) by Realm Venture Group, located at 1475 E. Franklin Rd. Continued to February 16, 2023 A. Request: Development Agreement Modification to the existing Development Agreement (Inst. #99121334 AZ-99-005 Cobblestone Village) to remove the subject property from the agreement and enter into a new agreement for the proposed multi- family development. B. Request: Conditional Use Permit for a multi-family development consisting of 60 dwelling units on 2.39 acres of land in the R-40 zoning district. Seal: Okay. I would like to open File No. H-2022-0073, Meridian OZ Apartments. Can I get a motion to continue the File No. H-2022-0073 to the date of February 16th, 2023 -- yeah. That's it. Yearsley: Mr. Chair, I move we continue File No. H-2022-0073 to the hearing date of February 15th, 2023. Seal: February 16th. Yearsley: February 16th. Sorry. 2023. Lorcher: Second. Seal: It's been moved and seconded to continue File No. H-2022-0073 to the date of February 16th, 2023. All in favor, please, say aye. None opposed. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. 6. Public Hearing for Promenade Cottages Subdivision (H-2022-0013) by Steve Arnold, A-Team Consultants, located at 403 E. Fairview Ave. Meridian Planning&Zoning Commission January 19,2023 Page 5 of 29 A. Request: Rezone approximately 6.819 and 03.26 acres of land from the R-8 and C-G zoning districts to the R-40 (6.61 acres) and C-G (0.535 acres) zoning districts. B. Request: Preliminary Plat consisting of 30 single-family residential lots, 5 multi-family lots, 2 commercial lots and 8 common lots on 7.64 acres of land in the requested R-40 and C-G zoning districts. C. Request: Conditional Use Permit to construct a 90-unit, multi-family development on approximately 2.8 acres in the requested R-40 zoning district. D. Request: Conditional Use Permit to construct single-family, detached dwellings on the 10 of the 30 single-family residential lots in the requested R40 zoning district. E. Request: Conditional Use Permit to allow the existing, non-conforming parking, landscaping and mobile home park to remain as is for an extended period of time in the C-G and requested R-40 zoning districts. Seal: And I would like to open the public hearing for Item No. H-2022-0013 for Promenade Cottages Subdivision for a continuance to March 2nd, 2023. Yearsley: Mr. Chair? Seal: Go ahead. Yearsley: I move we continue File No. H-2022-0013 to the hearing date of March 2nd, 2023. Lorcher: Second. Seal: It's been moved and seconded to continue File No. H-2022-0013 for Promenade Cottages Subdivision to March 2nd, 2023. All in favor, please, say aye. No opposed. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. 7. Public Hearing for Wood Rose Apartments (H-2022-0086) by Housing Company, located at 1160 W. Ustick Rd., north of W. Ustick Rd. between N. Linder Rd. and Meridian Rd. A. Request: Conditional Use Permit for a multi-family development consisting of 46 affordable multi-family housing units with a clubhouse on 3.81 acres of land in the R-15 zoning district. Meridian Planning&Zoning Commission January 19,2023 Page 6 of 29 Seal: Okay. I would like to open file number -- so, I would like to open public hearing for File No. H-2022-0086 for Wood Rose Apartments. Wheeler: Mr. Chair? Seal: Go right ahead. Wheeler: I am an employee of said applicant and so I will need to recuse myself for this hearing. Seal: Okay. Wheeler: So, I will be in that room and come pick me up when you guys are done. Seal: Excellent. Will do. Thank you. All right. And with that we will begin with the staff report. Hersh: Good evening, Mr. Chair and Commissioners. The applicant is here to present their project for Wood Rose Apartments. The applications that were submitted are for a conditional use permit. The site consists of 3.81 acres of land, zoned R-15, located at 1160 West Ustick Road. This parcel was approved for annexation and zoning under application H-2021-0092 of five -- or 4.54 acres of land with an R-15 zoning district for the purpose of constructing an affordable housing multi-family residential project with a development agreement in 2021. The Comprehensive Plan designation is mixed-use community and the summary of the request of a CUP is proposed for a two story multi- family development containing 46 dwelling units consisting of seven residential apartment buildings, a clubhouse, children's play structure, dog park and an open grassy area is proposed to develop on the site. Gross density of the development is 12.07 units an acre. A ten foot wide pathway -- detached multi-use pathway is required in front of the buildings located to the north per the master pathways plan. The applicant shall coordinate with the Meridian Parks Department on the placement of this pathway along the front of the units in lieu of it along the northern boundary. Compliance with the specific use standards listed in the UDC for multi-family developments is required. The applicant is required to provide common open space based on the square footage for each unit type. The submitted plans do not depict the square footage for each unit type. There were eight one bedroom units, 28 two- bedroom units, and ten three bedroom units are included on the plans. However, an average unit size of 1 ,200 square feet or over is provided. Based on the above open -- based on the open space requirements provided on the landscape plan the applicant calculated the maximum requirement of 350 square feet for all 46 units of open space. Therefore, a minimum of 16,100 square feet or 0.37 acres of common open space is required. This equates to approximately 23 percent of the property being open space. The submitted open space exhibit depicts approximately 47,684 square feet or 1.09 acres of total qualified open space provided for the site. For the 46 multi-units proposed, a minimum of three amenities, one from each category, should be provided to satisfied the specific use standards. According to the submitted plans and narrative, Meridian Planning&Zoning Commission January 19,2023 Page 7 of 29 the applicant believes there are four qualifying amenities proposed with amenities from each category. The proposed amenities include a clubhouse, dog park, children's play structure and an open grass -- grassy area, 50 by 100 feet. The open grassy area does not count as an amenity and is considered part of the qualifying open space. The other amenity would be the multi-use pathway that runs through the site. The amenities proposed are required to be from each category. Two of the amenities, the clubhouse and dog park, are from the same category. So, the applicant should choose an additional amenity from a different category or replace one of the amenities to meet the UDC Code 11-4-327-D, requirements for site development amenities for multi-family developments. Based on the total number of units proposed and their bedroom count distribution, a minimum of 93 parking spaces, with a minimum of 46 of these spaces to be covered in a garage or carport. According to the submitted site plan the applicant is proposing 106 spaces, with 46 of these spaces to be covered by a carport. The proposed parking exceeds minimum -- minimum code requirements by seven spaces. However, the plan submitted is deficient in trash enclosure for the site, which may impact the proposed parking. The applicant has submitted conceptual elevations of the future multi-family six-plex buildings, but not of the noted eight-plex buildings. Multi- family residential projects require administrative design review approval with future applications, so staff will perform a thorough analysis at the time against the requirements in the Architectural Standards Manual. And just to note, the owner and developer is required -- was required with the development agreement to record a low income housing tax credit regulatory agreement with the Ada County Recorders Office to restrict the rental rates on the units for a minimum of 30 years to ensure the units are affordable to individuals and families earning averaged within the entire project no more than 60 percent of the area median income and provide a set agreement prior to issuance of any building permits proposed for this use, except for up to six of the units proposed maybe market rate units to allow for flexibility in the funding source for this project. There was no written testimony and staff did recommend approval with the conditions listed in the staff report. And I stand for any questions you may have. Seal: Okay. Thank you very much. Would the applicant like come forward? Good evening. Just need your name and address for the record, please. Anderson: Erin Anderson. 2238 North Astaire Way, Meridian. I'm the director of The Housing Company. I have presented on this project a few times here now at the city and it's -- it's my pleasure to talk to you about our CUP application. Thank you very much, Ms. Hersh, for your introduction to the project. For those of you that were here during our zoning and annexation hearing a year ago -- it was January -- early January of 2022 -- you are probably familiar with us, but just real quick I will go over a quick background. We are nonprofit that was founded in 1990. We provide -- provide affordable housing throughout the state. We have over 1 ,200 units in 47 affordable rental communities. We have professional property management services and own the rental properties that we develop in the long term. I think that Stacy gave a really good overview of the project. It should be noted that this is the first low income housing tax credit project in Meridian for many years. So, we are really excited to provide this additional opportunity for housing that is very much needed. When we presented and Meridian Planning&Zoning Commission January 19,2023 Page 8 of 29 were approved for zoning and annexation we had one additional building. It's this building in the northwest corner that we removed and that was because of funding limitations. There is a per project -- project limit on some of our funding resources and so, unfortunately, we had to reduce the total unit count and so we took one building out. So, the resulting plan ended up with a little bit more open space in that corner and one of the ideas we have for replacing one of the selected amenities with another category is to include a plaza. It may be in that section up in that northwest corner where there is that open space. So, a paved area and perhaps a gazebo picnic area. We also increased the parking -- the covered parking with this -- with the most recent rendition that you see compared to when the rezoning was approved a year ago, because the requirements of -- for -- for parking increased. On the note on the garbage, the concern over the -- the -- the container for the garbage, I will have our architect Keith speak to that. Do you want to come on up here and -- and address that one while we are at it? Seal: Good evening, sir. Need your name and address for the record, please. Tasker: Name is Keith Tasker. My address is 1955 North Yonkers Avenue, Boise. And so regarding the trash enclosure, that is something we can definitely adapt, manipulate and meet the minimum requirements that we have to meet. As we do have additional parking, like you mentioned, we can add the trash enclosure and remove some parking and still meet the new zoning requirements to that standard. Seal: Okay. Thank you. Anderson: This is just a copy of the zoning approval letter and I think, you know, as mentioned, the fact that we are recording this affordable housing restriction -- it's actually already been recorded on the property. We purchased the property in October -- or, sorry, in -- yeah. November. October. Late October. And so we were able to get that recorded on the property and we couldn't apply for the CUP until after that. So, that was one of the reasons we didn't apply at the time that we rezoned. And with that I think the only other comment that was brought up was about the pathway on the north side. So, I -- I assume that you are referring to along the drainage ditch up there on the -- up on the entire length of the north side. Can you -- is there any way we can get clarification on that? Hersh: Yes. We were referring to the north side, but right now we are -- you are showing it kind of in front of all the buildings and, then, leading to the north from the west. We just wanted you to work with the Parks Department as to the best location for it, because we are not sure that many people will be using that and -- and biking and walking along the front of apartments. They are more probably going to use it in the rear next to the irrigation ditch. Anderson: Yeah. So, this came up when we went through the initial zoning and annexation -- the same comment came up and we -- we did some looking into it. There are a couple concerns. One being that -- and I had another presentation that I provided to the City Council on this, too, when the zoning was approved. But on the backside of Meridian Planning&Zoning Commission January 19,2023 Page 9 of 29 these buildings is where the air conditioners are located and there is not a -- a lot of distance on a couple of these buildings from where -- mainly these two, I guess, are the closest ones to where that path would be. So, if you are walking along there you are right -- really close to the building. Not so much in this northwest corner, but as you move along down. And so at the time the City Council had decided that our internal circulation would be sufficient for providing access to the other -- you know, back out to Ustick and -- and also up into the neighborhood to the north. So, this is coming back up again kind of for the second time and I don't know -- I guess I would ask -- we are concerned about two things. One, the proximity and the cost of putting a path in and the practicality of maintaining it. And, then, the fourth thing, I guess, is when I have talked with neighbors that live -- you know, at the neighborhood meetings that live on the north side there in that subdivision, they didn't seem very interested in seeing a path there, so -- Keith, did you have any other remembrances of this, since it was a year ago? Those are all my memories of it. Tasker: Yes. So, the setback on the north side of the site is 15 feet, which is the -- the requirement from the zoning ordinances. So, if you provided a ten foot path it would be five feet away from the backside of those buildings and we felt that that would be detrimental to the residents in those spaces and I'm not sure if -- if anybody would like to have a path five feet away from their living room window, for instance. And also the subdivision to the north and the multiple neighborhood meetings that we have had and -- they did mention that there are concerns of people -- the -- the amount of people crossing through and passed their houses also and I understand that it's part of the requirements and we want to interconnect all of these developments and not make them stand alone. So, we -- we discussed different ways we could do it and that's why we provided the connection that you can see that goes to the northwest corner of the site. That was everything. Anderson: Thanks. Hersh: Mr. Chair and Commissioners? Seal: Go ahead. Hersh: I would just like to say that the pathway could also connect on the west all the way down from the north on the west side to Ustick Road. So, that's an option as well. It's just working with the Parks Department to place that in a place that everyone's going to use and it looks to be five feet, so we just weren't sure about that part of it either. Anderson: Okay. We can dig out all the correspondence we have with the Parks Department on this and -- and provide that and, then, maybe have another discussion with them about it. Seal: Okay. Anderson: Any other questions for me, Commissioners? Meridian Planning&Zoning Commission January 19,2023 Page 10 of 29 Seal: Any questions for the applicant or staff? Just -- the only thing I will throw in here, as I was the one that brought up the pathway, so -- I'm an avid bike rider, so, hopefully, something can be done about that. I mean they -- they seem unimportant until they are all connected and, then, everybody uses them. So, having this not be connected and having to drive through the parking lot is -- you know, I -- I -- I guess if it was -- if it were any other applicant coming in here to do this we would require it. I mean it would be a requirement to extend that pathway, so -- and it's a ten foot pathway. I understand what you are doing. I understand the limited budget. But, you know, making exceptions in order to make -- you know, for this to come in I don't think that's something that the city necessarily wants to engage in and I think it's for the betterment of the community to provide that pathway. So, there is -- there is pathway systems that are kind of going in all over the place and if you start to connect enough of them people use them. I know I do. Anderson: Are those typically privately maintained or -- or part of the park system or -- Seal: A combination of both. I mean the -- you know, the -- the park system can, you know, educate you on all that stuff as -- as far as who pays for what. Some of them when they, you know, cut through they are considered an amenity. So, there is a credit that's given for that as far as having the amenity in there. So, there is one more amenity that needs to come in. So, that could provide for it. So -- and -- and, again, I understand the limitation that you have on the backside of it. You also have the same thing on the west side, as Stacy had discussed, you know, bringing one through there. So, that's -- it's -- it's going to be an issue probably either place that you put it in there, but -- I mean to me it looks like it would be less of an issue, because you already have a street, you know that's going to be coming in on the west side. So, it would just be good to have that -- you know, that continuation of the pathway system so they can -- you know, as things come together for the city -- and they are starting to come together for pathways, so -- Anderson: We will have another conversation with the Parks Department and try to get more clarification on -- on how that -- how that looks and who -- how it -- how it gets funded, et cetera. Seal: Okay. I appreciate that. Okay. We will see if we can get some public testimony going and appreciate your time so far. Hall: We have -- I believe the name is Brenda Steele. We also have Keith Tasker. Or Erin Anderson. Seal: Oh, Erin was -- Hall: Oh. Okay. And, then, online we have our own Patrick -- Commissioner Grace. I don't know why he is signed up, but if he wants to speak -- Seal: I don't know. Meridian Planning&Zoning Commission January 19,2023 Page 11 of 29 Grace: Good evening. I -- I think I was -- in my attempts to get on Zoom I may have accidentally signed up for -- for an agenda item. I apologize. Hall: Thank you. Grace: No comment. Seal: Okay. That's all you have? Anybody else would like to testify, please, raise your hand. Nobody in Chambers. If anybody online would like to testify just press the raise hand button. All right. Would the applicant like to add anything further? Indicating no. Okay. Thank you very much. Appreciate that. With that, if there are no further questions for the applicant or staff, I will take a motion to close the public hearing for File No. H-2022-0086. Yearsley: So moved. Lorcher: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0086. All in favor, please, say aye. No opposed. Public hearing is closed. MOTION CARRIED: FOUR AYES. ONE RECUSE. ONE ABSENT. Seal: With that, any further discussion? Yearsley: Mr. Chair? Seal: Commissioner Yearsley, go right ahead. Yearsley: I actually like the removal of the one apartment. I think it makes it look much nicer, gives it a lot better feel. Not so compact. And I don't have an issue with the applicant meeting with the Parks Department to try to find a reasonable solution that fits both needs. So, I don't think that that's an unfair request. So, I don't know if I have any changes to the conditions. Seal: Thank you. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: I support with Commissioner Yearsley. I don't think I would enjoy a -- a pathway through the middle of the development. To me it makes sense doing it on the north side of it. But, then, if there is a fence on the other side it might seem claustrophobic. Plus, as the applicant said, the path is right in somebody's backyard, so -- and that -- it's not like you are going to have super high traffic, but on occasion Meridian Planning&Zoning Commission January 19,2023 Page 12 of 29 there will be families going by and that type of thing, so I could see how that could be a little bit of a deterrent. Hopefully they can come up with a resolution with the Parks Department to have something that meets everybody's needs. Seal: Okay. Commissioner Grace, do you have anything to add? Grace: No, Mr. Chairman. Just maybe a clarification. Sort of the requirement or the encouragement to work with the Parks Department, is that something that is -- we are making conditional on our motion or is that just -- again, just a recommendation from our -- from us? Seal: I mean we can condition it to -- to simply, you know, work further with the Parks Department to come up with a solution to the pathway. But I don't think it has -- needs to have anymore teeth than that personally. Grace: Okay. Yeah. No, I -- I agree. I think the applicant was quite willing to do that, so -- okay. Thank you for that. Yearsley: And if I'm not mistaken, that's actually a condition in the staff report, so -- Hersh: Mr. Chair, Commissioners, yes, that is correct. Seal: So, no need to condition that, so -- and I will add to this is I'm -- I'm happy to see this come -- come through -- you know, come to this point in here and so, you know, mean Meridian and the community in general, you know, we -- we need more of this, so -- and done responsibly and happy to see it happening in Meridian. You know, I'm glad to see that this is -- you know, it seems like it was planned with, obviously, budgeting in mind, but at the same time to be a -- you know, a nice establishment. Something that somebody is going to be proud to live in and, hopefully, it, you know, helps those that -- that do take advantage of it. So, appreciate that coming into our community and I appreciate the hard work on it. Thank you very much. With that I will take a motion. Yearsley: Mr. Chair? Seal: Commissioner Yearsley, go ahead. Yearsley: After considering all staff, applicant and public testimony, I move to approve File No. H-2022-0086 as presented in the staff report for the hearing date of January 19th, 2023, with no modifications. Lorcher: Second. Seal: It's been moved and seconded to approve File No. H-2022-0086 for the Wood Rose Apartments. All in favor say aye. No opposed. Motion carries. Thank you very much. Meridian Planning&Zoning Commission January 19,2023 Page 13 of 29 MOTION CARRIED: FOUR AYES. ONE RECUSE. ONE ABSENT. Seal: We will allow Commissioner Wheeler to come back. All right. Were you listening? Do you know what happened? Wheeler: I have no idea what happened. Seal: Okay. Wheeler: I literally don't. 8. Public Hearing for Wienerschnitzel Drive-Through (H-2022-0074) by John Day, SU Architecture, located at 3136 W. Quintale Dr., near the northwest corner of Ten Mile and McMillan Rds. A. Request: Conditional Use Permit for a new approximate 1246 square foot quick serve restaurant with a drive-through located within 300 feet of an existing drive-through. Seal: We will just keep you in suspense then. It will be fun that way. All good. All right. I would like to open public hearing for Item No. H-2022-0074 for Wienerschnitzel drive-through and we will begin with the staff report. Hersh: The applicant is here to discuss their project for the Wienerschnitzel drive- through. The application submitted was a conditional use permit and the size of the property is 0.35 acres of land. It's currently zoned C-G and it's located at 3136 West Quintale Drive The history on the project -- there was an MDA in 2019 for the Ten Mile Plaza that was approved that governs the development of the site in a short plat for Fluid Estate Subdivision that was also approved in 2019. The comprehensive FLUM designation is commercial land uses and the summary of the applicant's request is the applicant requests a CUP for the drive-through establishment, because it is within 300 feet of another drive-through establishment to the north in the C-G zoning district. The proposed drive-through is associated with a 1 ,246 square foot restaurant. Access to the property is subject -- access to the subject property is provided by two existing access easements or driveways created by the Bridgetower Crossing Subdivision No. 7 in Fluid Estates Subdivisions. However, the applicant is proposing a shared east-west drive with the property to the south. The proposed use is required to comply with the specific use standards for a drive-through establishment in the UDC and it's referenced in the staff report. A restaurant is a principally permitted use in the C-G zoning district. Additional parking is required for a restaurant use at one space every 250 feet of gross floor area and based on the 1 ,246 square feet, a minimum of five parking spaces are required. A total of 15 spaces are proposed. So, it exceeds the UDC requirements. Conceptual building elevations were submitted for the proposed structure as shown for a single story building that incorporates a mix of materials consisting of stucco, stone, metal trim windows and metal roofing. And final design is required to comply with the design standards in the architectural manual and elevations contained in the Meridian Planning&Zoning Commission January 19,2023 Page 14 of 29 development agreement. And written testimony was from Andrea Ridgely. She -- it really wasn't anything about this particular project, it was more or less making a statement that she thought Quintale Drive to Montelino Way. She thought -- she was under the impression it was a private street and our GSI -- GIS map basically states that it's a collector -- a neighborhood collector. Staff does recommend approval of this project with the conditions listed in the staff report and I stand for any questions you may have. Seal: Thank you very much. Would the applicant like to come forward? Hall: John, you can go ahead and speak. Day: Yeah. Can you hear me? Hall: Yes. Seal: Yes, sir. Go right ahead. We will need your name and address for the record and it's all yours. Day: John -- John Day. SlichterlUgrin Architecture. 415 South 13th Street, Boise, Idaho. Good evening, Mr. Chair, Commissioners. Ms. Hersh did a good job of giving an overview of the project. Essentially it's a 1 ,246 square foot quick serve restaurant. Wienerschnitzel. With the drive-through. So, in a commercially zoned C-G. So, it is an appropriate site. I think the -- the one -- I think the note on this is that it was -- there is a development agreement on the property and with the adjoining businesses that there is a harmonious color palette and so we have revised the elevations from the standard Wienerschnitzel design to something a little more muted that fits in better with the surrounding buildings. So, it was a pleasure to work with Stacy on that and come up with a -- an agreement on that, because we have had some issues in the past with development agreements and so it was nice to be able to move forward on this. So, other than that, you know, we have reviewed all the conditions of approval and we really take no exceptions to any of them and so with that I would stand for any questions that you may have. Seal: Thank you, John. Appreciate that. Commissioners, do we have any questions for the applicant? None? Madam Clerk, do we have anybody signed up to testify? Hall- We do. We have Paul Delbufalo. I don't know if I said your last name correctly. Sorry. Seal: Good evening, sir. Need your name and address for the record, please. Delbufalo: Paul Delbufalo. 4420 Wagon Road, Nampa. Seal: You want to speak right into the microphone there. Thank you. Meridian Planning&Zoning Commission January 19,2023 Page 15 of 29 Delbufalo: Paul Delbufalo. 4420 Wagon Road, Nampa, Idaho. Seal: Okay. Thank you. Go right ahead. Delbufalo: I'm the owner of the project, so I'm just -- John's here to do most of the talking, but I'm here to answer any questions of me if there is any of those. Seal: Do we have any questions? No? Sure -- sure we can live without the yellow and red. Delbufalo: Fair enough. Thank you. Seal: Thank you very much, sir. Appreciate it. Do we have anybody else? Hall: There is no one else signed up. Seal: Anybody in Chambers want to testify? No? Anybody online, you can just raise your hand. Seeing nobody -- John, do you have anything else to add? Day: Unmute. I do not at this point, so -- Seal: All right. Thank you very much. I appreciate your -- your time on the application. And with that can I get a motion to close the public hearing for File No. H-2022-0074? Wheeler: So moved. Yearsley: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0074. All in favor, please, say aye. No nays, so we have closed the public hearing. MOTION CARRIED: FIVE AYES. ONE ABSENT. Seal: If anybody wants to go first I will -- any input or motions are more than welcome. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: I don't think we have a designated hot dog stand in Meridian anymore, so -- think the last one was over by Rite-Aid, the Chicago Dogs, and they closed during COVID. So, having a -- something different as far as a drive through probably would serve our community well. Seal: Anybody else? I will gladly take a motion if not. Meridian Planning&Zoning Commission January 19,2023 Page 16 of 29 Yearsley: Mr. Chair? Seal: Go right ahead. Yearsley: After considering all staff, applicant, and public testimony, I move to approve File No. H-2022-0086 -- is that right? Seal: 0074. Yearsley: Okay. Seven four. As presented from the staff report for the hearing date of January 19th, 2023, with no modifications. Wheeler: Second. Seal: It's been moved and seconded to approve File No. H-2022-0074 with no modifications. All in favor, please, say aye. Lorcher: Mr. Chair? Seal: Yes, go right ahead. Lorcher: On the agenda it says seven four, but on our sheet with the details it says eight six, so -- Yearsley: Yeah. I think that's -- Lorcher: -- have clarification on -- Yearsley: That's a typo. Hersh: Yes, Mr. Chair, Commissioners, that is a typo. Seal: Okay. Hersh: It's seven four. Lorcher: Seven four. Hersh: Yes. 0086 was actually Wood Rose Apartments, which was the one before. Lorcher: Okay. Then we are good. Seal: So, please, say aye if you -- to approve. Commissioner Grace, are you approving that? Grace: Approve. Yes. Meridian Planning&Zoning Commission January 19,2023 Page 17 of 29 Seal: Okay. All right. It is approved. Thank you very much. Appreciate your time. MOTION CARRIED: FIVE AYES. ONE ABSENT. 9. Public Hearing for Franklin Annexation (H-2022-0090) by The Land Group, Inc., located at 2975 E. Franklin Rd. A. Request: Annexation of 2.53 acres of land with a C-C (Community Business) zoning district. Seal: And with that we will open the public hearing for Item No. H-2022-0090, Franklin Annexation, and we will begin with the staff report. Parsons: Thank you, Mr. Chair, Members of the Commission. Last item on the agenda tonight -- and want to definitely send out -- Commissioner Yearsley out on a positive note and get home to his family in quick fashion this evening. So, I will get through this project and wish him all the best in his future endeavors. So, pleasure working with you again, Commissioner Yearsley, and hope to see you again -- maybe on the outside, not here at the Commission hearings, so -- the item before you tonight -- the next item is the Franklin Annexation. The site consists of 2.53 acres of land, currently zoned RUT in Ada county and it's located at 2975 East Franklin Road. You can see here in the aerial that there is an existing single family home on the property and some outbuildings. Those will be removed with the development of the site. In 2009 the city did process a Comprehensive Plan map amendment for this particular property and we changed the future land use to commercial and so the applicant is here tonight to -- is proposing annexation of this tonight from the R-2 zoning district in Ada county to the C-C zoning district in the city, which is consistent with the property to the west that we annexed at the same time as the Comprehensive Plan map amendment as this property was part of. So, the applicant has submitted a -- if I can move this here. Why it's not advancing here. There we go. The applicant did submit a conceptual development plan. There is -- there actually are no end users proposed for this site at this time. The concept plan shows an approximately 3,000 square foot restaurant with drive-through and, then, a potential office building on the southern portion of the site and all these associated parking that may go along with this development. When we process the application to the west that is currently C-C, we require cross-access with this property and the applicant is proposing that access to occur in this general location here, which is consistent with the site plan approval of that property. Also in the staff report this particular site currently has two access points to Franklin and with this particular proposal, with the cross-access with the development to the west and the new access point, they are taking two, combining into one, but, actually, this new access point does align with Olson Avenue, which is across the north side of Franklin, which is a safer situation. Originally when we met with the applicant and discussed this proposal we were hoping to potentially get a cross-access with the office development to the east as well, but there are some -- some topography challenges there and, then, also that existing curb cut actually feeds into the right-turn lane to go onto Eagle Road, so we didn't figure that was the safer -- a safe situation to funnel that additional traffic through Meridian Planning&Zoning Commission January 19,2023 Page 18 of 29 that -- that current curb cut. So, staff is supportive of the proposed access that the applicant has on this site plan, at least the public street access, along with that cross- access as I mentioned to you earlier. The applicant did submit sample elevations that they intend to -- as potential possibilities for the site. Again, nothing proposed at this time. The applicant will have to get -- go through that -- use our CUP process for the drive-through or go through administrative design review process to further refine the elevations and develop the site. We didn't -- I didn't see any public testimony submitted as part of this application. We did receive confirmation from the applicant that they are in agreement with the DA provisions that are in the staff report. With that I will go ahead and conclude my presentation and stand for any questions you may have. Seal: Great. Thank you, Bill. Appreciate it. Would the applicant like to come forward? Good evening. Thompson: Good evening, Mr. Chair, Members of the Commission. My name is Tamara Thompson. I'm with The Land Group. We are at 462 East Shore Drive in Eagle. I do have a little PowerPoint that I gave Bill and a lot of it is redundant from what he just said. So, I will -- I won't go through all of it. Are you able to pull that up? Parsons: Getting to it now. Thompson: Okay. Seal: It's okay. We are trying to keep Commissioner Yearsley here as long as we possibly can tonight. Thompson: Can I do this or do you -- Parsons: You can. Just use the arrow keys -- Thompson: Okay. Parsons: -- on the keyboard. Thompson: All right. This is the vicinity map and the property is 650 feet west of Eagle Road on the south side of Franklin at 2975 East Franklin Road here in Meridian. It is currently in Ada county with an R-2 zone and the Comprehensive Plan on this is commercial. The existing buildings and improvements will be removed with development. And the staff went over with you -- it does have -- you can see the -- the comp plan designation there for commercial, which is consistent with the property immediately to the west and, then, the hard corner has an office building on it, which is the purple, zoned L-O. Across Franklin to the north is industrial and commercial properties and, then, to the south is county properties that are zoned R-2 in -- in Ada county. And, then, this is just to show the existing conditions on the site. We did look at a vehicular cross-access across here. We don't have a lot of frontage there and there is some very large trees on the other side. There is also the Snyder Drain that runs Meridian Planning&Zoning Commission January 19,2023 Page 19 of 29 through there and there are some topography issues. I did want to point out the public road to the north, that our access is planned to align with that North Olson on the north side. ACHD has reviewed our application and has a staff report and we -- that -- that approves the -- the project and the access point and we plan to -- we will comply with their conditions of approval. And, then, the one thing I want to point out is that even though we can't provide vehicular cross-access, we are working with the office development and we will provide pedestrian cross-access at that location. And, then, you can see here we -- the -- it's a Jump Time that's operating over there currently to the west and they have a recorded cross-access and we will provide the same for that location. At this point we don't have the end users. That's kind of -- if you get it zoned and everything, then, they will come. Everybody is so busy right now until you have the property entitled that you don't get a lot of people serious about it. So, again, the existing buildings will be removed. The project is proposed in two phases. So, the first phase is north of this line that you can see running kind in the middle of the project, that dashed line right there. With the first phase will be the street improvements along Franklin and the -- the front building pad and the parking in the front. And, then, the second is the -- the back building with that parking. We are complying with the dimensional standards of the C-C zone, especially where we butt up against the residential properties and, then, we have an arterial street along the frontage. So, we have that 35 foot landscape buffer across that frontage. And the end users and tenants are planned to be consistent with the C-C zone. So, the proposed annexation is consistent with the Meridian Comprehensive Plan and zoning code. We have read the staff report and agree with staff's analysis, findings, conditions and recommendation for approval and we respectfully request your recommendation for approval tonight. Thank you. Seal: Thank you. Commissioners, do we have any questions for the applicant or staff? Wheeler: Mr. Chairman? Seal: Go right ahead. Wheeler: Yeah. I have one -- I have a couple questions here. You said that the cross- access agreement to the property to the west -- was that also pedestrian or was it just vehicular to -- to the property that's now operating as Jump Time? Thompson: Yeah. Mr. Chair, Commissioner Wheeler, this cross-access at this location here was a recorded cross-access for vehicles. Wheeler: Vehicles. Okay. So, no pedestrian to the west access currently; correct? Thompson: Well, I don't know that it would prohibit pedestrian, but it -- you know, it's going to be a curb cut for cars. Wheeler: Okay. And, then, the pedestrian access that goes to the east, that goes up over there -- like you said, there is some terrain topography issues, large trees and Meridian Planning&Zoning Commission January 19,2023 Page 20 of 29 things like that. I'm assuming that some of those trees are going to have to be removed and some of the area be leveled out or something like this I'm assuming on that side of things and that's just something you are working with the -- the owners on the hard corner on how that's going to look and work and entry and all that. Thompson: Right. Mr. Chair, Commissioner Wheeler, we will -- we will work all that out with the -- with the construction drawings for that area, but there -- there is an area where there is a -- like -- like two car stalls -- two parking stalls on that side where we can -- we don't have to remove trees, because there is already cars there, but it's not big enough for a full drive aisle, like a two way drive aisle. And, then, as staff mentioned, you can kind of see the existing curb approach for that property and we are just too close to the intersection to bring in cars there. There could be some -- some conflicts. Wheeler: Perfect. Thompson: And, then, just to -- you know, there still will be the sidewalk along the frontage as well. Wheeler: Perfect. Thank you. Seal: Quick -- quick question on that. I know -- obviously this isn't the final plat here that we are looking at. I mean it's just a -- an idea of what can go on here. But as far as the -- the drive aisles and everything, just the way that this -- this is laid out I will just throw a concern out here right now where it looks like traffic is going to circulate in and around the building and come back right out into this -- right out into the road where, essentially, you are going to have to -- yeah. Exactly. I mean you are going to have to pull a hard 180 there while cars are also coming in at the same time, so I don't know if that's going to work very well and it's an interesting piece of property to work with. think -- you know, just the concept and idea of this is -- is nice. Another comment I will make is I -- I like the fact that you have -- intentionally or not you have taken advantage of the space that the parking provides in order to kind of bring the buildings and bring the businesses away -- you know, as far away from the residential buildings that are there already. So, glad to see a piece of commercial property coming in. Thompson: Yeah. And just to mention on that, Mr. Chair, the -- we threw a drive through on there just for conceptual purposes, but if that comes through fruition we will have to come back and get a conditional use permit. So, we will work out all that internal drive circulation with -- with -- with that application. Seal: Thank you very much. Anyone else? No? Madam Clerk, do we have anybody signed up to testify? Hall- We have Frank Cornell. Eric Royer. Seal: Good evening, sir. Just need your name and address for the record, please. Meridian Planning&Zoning Commission January 19,2023 Page 21 of 29 Royer: My name is Eric Royer. 3064 East Springwood Drive, Meridian. I was born and raised here. We purchased the property to the east. We have the longest side on this -- this property. I have a couple concerns in the aspect of -- like I don't know. This is -- this over here is my property. My -- my concern, first of all, is the dumpster in the bottom right corner. My -- my bedroom is really pretty close to that corner. My concern about that is the dumpsters seem to be getting dumped like 4:00 o'clock in the morning. I already hear it from Jump Time. I'm -- I'm kind of hoping that we could do something in the aspect of maybe moving the dumpsters away, because I believe that there is dumpsters pre-existing here I believe from Jump Time. If we could put those all in one area to where I don't have to -- summer is coming and the smells and clinking of the garbage cans. My other concern -- again, my home is right here up against that fence. I would like to possibly have a barrier wall, so that all of these parking spots -- headlights aren't in my backyard every day. My -- my concerns are my concerns I guess. They are -- they are not your concerns. I have only been in this for a couple years now and I'm not opposed to them doing the things that they are doing. I would just like a little bit of separation between what they have going and what I have tried and have going. So, if you guys could, please, take some of this into consideration I would appreciate it. Seal: Yeah. Absolutely. And this -- again, this isn't the final plat that we are looking at. These are just conceptual ideas. But the input that you are given is -- is great. So, I wish more people would show up at this phase to kind to help with -- with those ideas and -- and generally speaking staff's pretty -- you know, they are aware of how the property lines up and try to think about what if I lived there. So, you know, obviously, we don't want all the headlights shining into your -- your bedroom window and -- and things like that. So, as -- as the process moves along I'm sure those things will be taken into consideration. Appreciate your testimony, sir. Royer: Thank you. Seal: Thank you. Hall: Brenda Royer. B.Royer: Good evening. I'm Brenda Royer. I live at 3064 East Springwood Drive. Wife of Eric. And my concerns are basically the same concerns that he has. Sleeping at night maybe with our window cracked I would hate to have to smell somebody's garbage or any transient bums that may be going through the garbage in the middle of the night. That is my biggest concern. We do wake up once a week at between 3:30 and 4:30 with the dump truck coming to dump Jump Time's garbage. So, that's a big concern for me as well. As well as the 20 something parking spots that will be shining in our backyard if we are sleeping. Maybe somebody is going to park overnight. Who knows at this point. But those are my concerns as well and definitely would want some sort of barrier wall, because right now there is just a chain link fence that separates our properties, so -- Meridian Planning&Zoning Commission January 19,2023 Page 22 of 29 Seal: Okay. Quick question for you. I mean as -- as I look at this -- and the comment that I made earlier was -- and this is more -- I'm -- I'm literally asking a question of -- because from -- from my point of view, how I'm looking at it, you know, trying to imagine I lived there, I would kind of rather have the parking lot for that separation, because -- I mean are you saying that maybe something should be considered more -- you know, put the building closer to the property line and have the parking and the -- you know, the trash bins on -- you know, especially on the other or is that something you would rather see? B.Royer: I wouldn't -- either way I'm not opposed to either one really, except lights at night. When somebody's coming to get in their car and we are trying to sleep and, then, you have got the backing up and the moving of the lights or a car alarm goes off it's going to be just constant noise. If there was a building there, then, we get to look at a building. So, honestly, just to see that property cleaned up is going to be a -- you know, a positive. Seal: Great. Okay. Thank you very much. I appreciate your testimony. Madam Clerk? Hall: Kent Brown. Seal: Good evening, Kent. Brown: Good evening. Before I start I'm going to talk about Mr. Yearsley. I appreciate all your service. I only served for a short period of time, but I understand the amount of hours that you put in and you have been doing it for years and really appreciate that. Yearsley: Thank you. Brown: For the record my name is Kent Brown. My address is 3161 East Springwood. I have lived in the neighborhood for 30 plus years. Thirty-three years. The commercial development that's the L-O when it went in that was kind of a shock to those neighbors. But one of the concessions that they did is that they put really tall Arborvitae trees that were there. Recently someone thought that they wanted to remove them and the neighbors had to remind them that it was in the development agreement that those be there and help buffer. That buffer that -- that those trees have created is maybe some of the trees that they are talking about to create the -- the pedestrian pathway. But those -- those being there have made that really livable for that corner and it has also helped protect us -- that building sits loud and proud there on that southwest corner of Eagle and Franklin Road and it blocks some of the noise that you get from there. We have seen that that's been a -- kind of a 9:00 to 5:00 type of an operation and that's been really nice. The -- you can see the custodians out there until those trees got big and when the trees got big, then, you lack that -- that influence. I -- I don't have anything against the design. I think the -- the proposed landscape strip, if it provided some kind of protection similar to those trees and that that was in the development agreement, I think it helps -- helps be a better neighbor. It's definitely the right use at -- Meridian Planning&Zoning Commission January 19,2023 Page 23 of 29 at that -- that location and I -- I don't see anything necessarily wrong with where the buildings are located. It -- it has to go against some residential neighbor, but it is kind of interesting to look and see Jump Time looming through the backyards of these houses and it looks a lot closer than the aerial shows it. It looks like it's sitting right on top of the house as you drive through the neighborhood. But you have some of those mixed uses that are in there that take place. I think as long as there is a good buffer between the two it just makes a -- a better neighbor. I will stand for any questions you might have. Seal: Any questions? Thank you very much. Appreciate that. Brown: Thanks. Seal: Madam Clerk? Hall: I do not have anybody else signed up. Seal: Anybody else would like to testify? Ma'am, come on up. Good evening, ma'am. Just need your name and address for the record and the floor is yours. Taylor: Amanda Taylor. 2998 East Springwood Drive. We are the property directly in the center of the south part of this property. I just wanted to point out a couple of things. First of all, we were hoping at the initial meeting when they met us on the property -- which was great by the way -- they -- they had a different picture, so I'm really glad to see that the potential proposal would be that larger property that's directly up against the backside of our property is actually turned now, which is really nice. We appreciate that. A concern that I have -- there has already been an issue with homeless people on the backside of Jump Time and I'm not sure if you guys are aware of that and so creating another space where people could sort of hunker in behind our back fence and the back of that building is a little worrisome for me with four kids. Also if -- we don't know how many stories the building -- I think -- I don't remember what they said the zoning would potentially allow, but that is going to probably mean that there is going to be people in offices late at night or a school or whatever it ends up being, looking directly into our backyard into the back windows of our home. So, again, like the gentleman that talked earlier -- or just right before me, if there could be some tall trees to sort of be on the backside of that building or -- I know we had talked a little bit about the potential of there being a drive through. I don't know if moving that back building north just a little bit, so that police officers could sort of drive through and it wouldn't be sort of an comfortable, quiet, out of sight area for people that don't have any home. So, those are the two things that I wanted to just bring up as concerns that I have, so -- Seal: Okay. Thank you. Appreciate that. Bill, I don't know if you can answer the question on the fly here, but is a two story or larger -- or taller allowed? Parsons: Mr. Chair, Members of the Commission, it is. Actually, the zone allows up to 50 feet. But I don't think they are going to put a 50 foot tall building on here. I know when we worked on the adjacent property I believe the DA restricted the height to 35 Meridian Planning&Zoning Commission January 19,2023 Page 24 of 29 feet, like a residential zone, and we don't have that proposed at this time, but that's something that you could recommend as -- as a Commission to minimize some of those concerns of the neighbor. Also want to mention to you that because the site does abut a residential zone or use it does require a 25 foot landscape buffer along the west -- or at least the south and east perimeter as well and that will be vegetated heavily with trees, shrubs, and other ground cover and if a fence or wall is something that you want included I would also suggest you put that in the development agreement as well. With the Jump Time project -- or at least when I worked on it back in 2009 when it was annexed is they were actually going to do a block wall -- eight foot wall and they worked with the neighbors to do that and that got removed when the DA was modified to do an eight foot vinyl fence, if I'm not mistaken. So, I don't know if that's something that the applicant's willing to do or help make some of those concessions for the neighbors to eliminate -- or void -- you know, minimize some of those concerns. Seal: Okay. Thank you very much. Appreciate that. Thank you, ma'am, for your testimony. Appreciate that this evening. It's good to have all of that input at this stage, instead of the final stages for sure. Do we have anybody else that would wish to testify this evening? I don't think anybody is left online. All right. Would the applicant like to come back up? Thompson: Mr. Chair, Members of the Commission, Tamara Thompson again. I will just address a few of the comments. We did have a neighborhood meeting, so we have met with all of these neighbors. Ms. Taylor, what she mentioned -- this building currently is more north-south. We had it rotated 90 degrees and they had asked us if -- if, you know, something like that could be modified and so we did make that change. The -- but I do want to point out this is a conceptual plan. You know, the -- the actual may be different. It needs to be substantially consistent or we would have to come back for a development agreement modification. As far as the landscaping, the city code has requirements when you are adjacent to residential. So, I -- I feel like it has been addressed and we will definitely comply with those as far as the -- the larger landscape buffers and, then, we can work with -- with the CZC and with staff on what trees would be appropriate in that area, to make them maybe a little closer together, or strategically place them so that they are placed, you know, for the best blockage, I guess for lack of a better term, for -- you know, for where windows are and stuff like that. The other thing is for -- as far as fencing, the Jump Time does have a -- I don't know that it's eight foot tall, but it does have a pretty tall vinyl fence and, then, it does not really have any trees in their back -- in that back buffer. It's a pretty big building setback, but not a landscape setback, so -- because there is a drive aisle that goes around the whole thing. So, we were looking at not creating that activity with drive aisles back behind there, but when we have -- when we have an end user and the actual building footprint, then, we will look at that closely and I think we can work with staff on -- on exactly how to put that in and with the neighbors. Seal: Great. Appreciate that. Meridian Planning&Zoning Commission January 19,2023 Page 25 of 29 Thompson: See if I -- oh. And, then, we are planning on putting a solid fence and, then, the landscaping. Seal: Okay. Thompson: So, I think that addressed everything. So, I will stand for questions. Seal: Any questions? Yearsley: Mr. Chair? Seal: Commissioner Yearsley, go ahead. Yearsley: My apologies. Mr. Chair, so just -- I understand that this is conceptual, but would you be -- you know, one of the things that they talked about was the restriction -- height restriction to 35 feet. Would you have issues with that in the DA agreement? Thompson: Mr. Chair, Commissioner Yearsley, I would need to ask my client about that. Yearsley: Okay. Thompson: To -- to determine that for sure. Fifty feet is -- is pretty high for that size of a parcel. So, I think the 35 would be okay. But -- but I -- again, I would want to confirm that with them. Yearsley: Okay. And, then, again, the -- the site is conceptual, but -- and we can work with staff to make sure that the dumpster gets relocated and not behind the gentleman's house, so -- like I said, I don't know if that's a motion we need to make, but just consider that as a consideration when you do the final site design. Seal: Other Commissioners have questions? None? All right. Thank you very much. Appreciate it. Parsons: Mr. Chair, Members of the Commission, I looked -- I'm looking at the Jump Time DA and Tamara is correct, it's six foot along the south boundary, eight along the west boundary, so -- Seal: Okay. Parsons: -- I think -- I think that was the intent, that the neighbors wanted it to match kind of the existing residential in the area. Seal: Okay. Thank you very much. Appreciate that, Bill. And with that can I get a motion to close the public hearing for H-2022-0090? Meridian Planning&Zoning Commission January 19,2023 Page 26 of 29 Wheeler: So moved. Yearsley: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0090. All in favor say aye. None opposed. Motion carries. The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Seal: Anybody like to add -- add to -- I think I have thrown in -- I -- I hate to condition too much based on a concept. I have kind of seen us go down that road and it's -- you know, that -- we want to make sure we are being consistent and responsible, but at the same time we don't want that to backfire too much. So, you know, even the proposals -- or the information that I gave or the proposals that I gave in there I would hate to condition something like that, especially where it's conceptual. So, I mean the only thing I would like to see is that they continue to work further with the neighbors. You know, it's -- it's tough, you know, to put things side by side that are different, you know, commercial versus residential for sure. So, hopefully, it's done in a -- you know, responsible way with a 25 foot buffer and landscaping and fencing and everything. I think that that will help accommodate all of that. As far as the noise from the trash, that's -- that's a tough one, so -- there is only so much space on a -- on a -- you know, on a parcel like this. So, hopefully, they can accommodate that as much as possible. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go right ahead. Lorcher: Since we are just doing the annexation and it does go to City Council for final approval, I think any type of -- like you said with the conceptual thing that can be worked out during the development agreement. All we are doing is annexing this into the city from Ada county. Seal: Correct. Lorcher: And if that's the case, then, moving this to commercial based on the current land use to the east and to the west, it makes sense. Seal: I would agree. Wheeler: Oh, go -- Seal: Go right ahead. Commissioner Wheeler. Wheeler: No, I'm -- I'm -- you know me, I'm a fan of these in-fill projects. I like to see the creativity. I like to see the way they can use these -- take these parcels and turn Meridian Planning&Zoning Commission January 19,2023 Page 27 of 29 them into something that's productive for our community. I'm -- you know, I'm optimistic that -- that -- that the developer will work, you know, well with the neighbors according to what they have said -- what their representative has said here today. And -- and, yeah, exactly, when we see the final projects come through, we can take a look at some of those details at large about the landscaping buffers, the -- the height of the -- the fencing, where those -- you know, making sure they see that the neighbors are amiable to what's going on, the location of the dumpster, and even hours for dumpster pickup, I think we can have some sort of encouragement on that on the DA, I believe, on -- when the -- when the dumpster pickups are. So, this seems to be a good use for -- for this location of this property. Seal: All right. Thank you very much. Yearsley: Mr. Chair? Seal: Commissioner Yearsley, go right ahead. Yearsley: I think they have done a very good job of the site -- the site layout. I appreciate that they put the car -- the -- more of the restaurant style in the front and the -- and an office style in the back to kind of minimize the impact of the adjacent homeowners. Since the site plan is actually as part of the development agreement, I wouldn't mind seeing the site plan being modified to move that dumpster more to the center of the property on the east side, just making sure that that gets kind of memorialized in this. And, again, since we are a recommending body to City Council, I would recommend that we restrict the height to 35 feet as in the -- in the DA modification and at that point Tamara can actually talk with the applicant and, then, they can negotiate that with City Council at that time and -- and -- and make those decisions and stuff, since we are the recommending body. So, I do appreciate that they are doing a solid wall fence. I don't know if -- personally if we need to recommend anymore than that. So, with that that's the only two modifications that I wouldn't mind seeing with this application. Seal: Okay. Thank you very much. Commissioner Grace, do you have anything to add? Grace: Mr. Chairman, no. I generally agree with the comments made by the other Commissioners. They were well said. I do think the concerns and the possible solutions raised by the -- the public testimony of the neighbors are reasonable and when the time is right I -- I think I would like to see the applicant work with them and -- and take those into consideration. But as was said already at this stage of the annexation, you know, that -- that might be a little premature. But I think they are on the record and it's been documented and they are reasonable to my estimation. So, that's where I fall. Seal: Okay. Thank you very much. And, again, I really appreciate the testimony that everybody gave tonight. It's nice to have, you know, good constructive feedback that's Meridian Planning&Zoning Commission January 19,2023 Page 28 of 29 going to, you know, obviously help shape this parcel and -- and -- and this project, you know, for years to come. And with that, Commissioner Yearsley. Yearsley: So, since this is my last time they give me the opportunity to do all the -- the motions, so -- and since I was the one that actually recommended the -- the -- the -- the modifications, I will go do this. After considering all staff, applicant, and public testimony, I move to recommend approval to City Council of File No. H-2022-0090 as presented in the staff report for the hearing date of January 19th, 2023, with the following modifications: That the dumpster on the south end of the property be relocated on the site plan to more of the center of the -- the property away from homes and that City Council discuss with the applicant to add a deed restriction for the -- or not -- sorry. Height restriction to the -- the office building to 35 feet. Seal: Is there a second? Wheeler: Second. Seal: It's been moved and seconded to recommend approval of File No. H-2022-0090, with affirmation -- aforementioned modifications. All in favor, please, say aye. None opposed. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Seal: All right. Thank you very much. Before we get our last motion, Commissioner Yearsley, I just want to say thank you very very much for the years you have been here. I haven't been -- I haven't been here as many years as you have been here, but I really appreciate you helping keeping me on the tracks, as it would be. So, congratulate you on, you know, moving -- moving on and freeing up a little bit of time. But thank you very much for your service to the city. Yearsley: My pleasure. It's been a -- a true honor serving on the -- the Planning and Zoning Commission. So, I -- you know, I -- I will miss it. So, thanks again. Seal: Yep. Thank you very much. Wheeler: I -- I, too, would like to make some comments. Seal: Absolutely. Wheeler: We can keep piling on here, Mr. Yearsley. So, Commissioner Yearsley, I just want to say thank you so much for your service to -- 11 years; is that correct? Yearsley: Yes. Wheeler: Eleven years. And during that time here the City of Meridian has changed a bunch and so you can see your fingerprint, your input, the way that it's developed into Meridian Planning&Zoning Commission January 19,2023 Page 29 of 29 just a nationally recognized phenomenal community. That's -- that's a credit to you on that, too. Plus on top of it you have mentored a lot of new commissioners coming on here, like one like myself, and so hearing your comments, your input, seeing what to do and also how to -- you know, was this in bounds; right? Out of bounds? What are we supposed to say, what we are not, things like that you have been able to kind of just father us back into line on that and I just want to say that that's going to be -- there is going to be a gap there and something that's going to be missed there for a bit. So, thank you so much for the way that you have involved yourself in this community for decades. It will be felt. And also here on this Commission. Thank you. Yearsley: Thank you. It's been my pleasure. With that, Mr. Chair, I move we adjourn. Lorcher: Second. Seal: It's been moved and seconded that we adjourn. All in favor, please, say aye. We are adjourned. Thank you, everyone. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:23 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / 2 23 CHAIRMAN ANDREW SEAL DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 15, 2022 Planning & Zoning Special Meeting WE IDIAN PLANNING AND ZONING COMMISSION MEETING SPECIAL MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, December 15, 2022 at 5:15 PM MINUTES PRESENT Commissioner Patrick Grace Commissioner Andrew Seal Commissioner Maria Lorcher Commissioner Steven Yearsley Commissioner Mandi Stoddard ABSENT Commissioner Nathan Wheeler ADOPTION OF AGENDA Motion made by Commissioner Lorcher, Seconded by Commissioner Grace. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Yearsley, Commissioner Stoddard DEPARTMENT REPORTS 1. Presentation: Planning and Zoning Commission Best Practices by Caleb Hood, Planning Division Manager ADJOURNMENT 6:00 P.M. W IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 5, 2023 Planning & Zoning Meeting 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: Findings of Fact and Conclusions of Law for the Conditional Use Permit for TM Creek Apartment Phase 4 CUP, ALT H-2022-0080. CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND "AHO DECISION& ORDER In the Matter of the Request for a Multi-Family Development for TM Creek Apartments Phase 4, Located South of W.Franklin Road and East of S.Ten Mile Road,in the NE 1/of Section 14, Township 3N.,Range 1W.,in the C-G Zoning District,by Josh Beach,Brighton Development,Inc. Case No(s).H-2022-0080 For the Planning& Zoning Commission Hearing Date of: January 5,2023 (Findings on January 19, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 5,2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 5, 2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 5, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 5, 2023, 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). TM CREEK APARTMENTS PHASE 4 CUP,ALT[H-2022-0080] 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 January 5,2023, 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 January 5, 2023, 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 I I-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(I)(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). TM CREEK APARTMENTS PHASE 4 CUP,ALT[H-2022-0080] Page 2 G. Attached: Staff Report for the hearing date of January 5, 2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). TM CREEK APARTMENTS PHASE 4 CUP,ALT[H-2022-0080] Page 3 By action of the Planning&Zoning Commission at its regular meeting held on the 19th 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 1-19-2023 Attest: Chris Johnson, City Clerk 1-19-2023 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: 1-19-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). TM CREEK APARTMENTS PHASE 4 CUP,ALT[H-2022-0080] Page 4 EXHIBIT A 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 2.631-acres Future Land Use Designation Mixed Use—Commercial MU-COM) Existing Land Use Vacant/undeveloped land Proposed Land Multi-family development(west of S.Benchmark Avenue Uses ) Current Zoning General Retail&Service Commercial(C-G) Proposed Zoning NA 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 • Response 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 . . . MU-Res MU-Com Comm'emi'al Medium High Density r MAN Density '. OL Employment 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. hi 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. B. The Meridian Planning&Zoning Commission heard this item on January 5,2023.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: John Wardle.Brighton Corporation b. In opposition: none C. Commenting: John Wardle d. Written testimony: None. e. Staff presenting application: Bill Parsons,Planning Supervisor f. Other Staff commenting: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. None 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&repo=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=MeridianCity 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: l. 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 E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Changes to Agenda: nd  Item #4: Artisan Victory Market (H-2022-0066) – Request for continuance to Feb. 2 as the site wasn’t posted with a public hearing notice per UDC standards. th  Item #5: Meridian Oz Apartments (H-2022-0073) – Applicant requests continuance to February 16 in order to address concerns with the site plan & to adhere to all City and ACHD comments that have recently come about.  Item #6: Promenade Cottages Subdivision (H-2022-0013) – Applicant requests continuance to a later hearing date to th address outstanding issues with the development plan – Staff recommends Feb. 16 or March 2nd Item 7: Wood Rose Apartments (H-2022-0086) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 3.81 acres of land, zoned R-15, located at 1160 W. Ustick Road. History: This parcel was approved for Annexation and Zoning (H-2021-0092) of 4.54 acres of land with an R-15 zoning district for the purpose of constructing an affordable housing multi-family residential project with a recorded Development Agreement (Inst. #2022- 092438) in 2021. Comprehensive Plan FLUM Designation: Mixed-Use Community (MU-C) Summary of Request: A CUP is proposed for a two-story multi-family development containing 46 dwelling units consisting of seven (7) residential apartment buildings, clubhouse, children’s play structure, dog park, and an open grassy area is proposed to develop on the site. Gross density of the development is 12.07 units an acre. Access is proposed to W. Ustick Road (arterial) via the construction of a new local street (N. Cooper Lane) connection at the very southeast corner of the site. A 10-foot wide detached multi-use pathway is required in front of the buildings located to the north per the Master Pathways Plan. The applicant shall coordinate with the Meridian Parks Department on the placement of the pathway along the front of the units in lieu of it along the northern boundary. Landscaping is required to be provided within the street buffer along W. Ustick Road, 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 is required to provide common open space based on the square footage for each unit type. The submitted plans do not depict the square footage for each unit type: 8 one-bedroom units, 28 2-bedroom units, and 10 3-bedroom units are included on the plans; however, an average unit size of 1,200 square feet or over is provided. Based on the above open space requirements, the Applicant calculated the maximum requirement of 350 square feet for all 46 units of open space; therefore, a minimum of 16,100 square feet or 0.37-acres of common open space is required. This equates to approximately 23% of the property being open space. The submitted open space exhibit depicts approximately 47,684 square feet or 1.097-acres of total qualified open space provided for this site. For the 46 multi-family units proposed, a minimum of three (3) amenities, one from each category, should be provided to satisfy the specific use standards. According to the submitted plans and narrative, the applicant believes there are four (4) qualifying amenities proposed with amenities from each category. The proposed amenities include a clubhouse (2,975 square feet), dog park (3,220 square feet), children’s play structure, and an open grassy area (50’x100’). The open grassy space area (50’x100’) does not count as an amenity and is considered part of the qualifying open space. The other amenity would be the multi-use pathway that runs through the site. The amenities proposed are required to be from each category. Two of the amenities (clubhouse and dog park) are from the same category. The Applicant should choose an additional amenity from a different category or replace one of the amenities to meet UDC Code 11-4-3- 27.D requirements for the site development amenities for multi-family developments. Based on the total number of units proposed and their bedroom count distribution, a minimum of 93 parking spaces, with a minimum of 46 of these spaces to be covered in a garage or by a carport. According to the submitted site plan, the Applicant is proposing 106 spaces with 46 of these spaces to be covered by a carport. The proposed parking exceeds minimum code requirements by 7 spaces; however, the plan submitted is deficient in trash enclosures for this site, which may impact the proposed parking. The Applicant has submitted conceptual elevations of the future multi-family 6-plex buildings but not of the noted 8-plex buildings. Multi- family residential projects require Administrative Design Review (DES) approval with future applications so Staff will perform a thorough analysis at that time against the requirements in the Architectural Standards Manual. NOTE: The Owner/Developer is required to record a low-income housing tax credit regulatory agreement with the Ada County Recorder’s Office to restrict the rental rates on the units for a minimum of thirty (30) years to ensure the units are affordable to individuals and families earning, averaged within the entire project, no more than sixty percent (60%) of the area median income and provide said agreement prior to issuance of any building permit for the proposed use; except that up to six (6) of the proposed units may be market rate units to allow for flexibility in the funding source for this project. Written Testimony: None Staff Recommendation: Approval with the conditions listed in the Staff Report. 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- 2022-0086, as presented in the staff report for the hearing date of January 19, 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- 0086, as presented during the hearing on January 19, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0086 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item 8: Wienerschnitzel Drive-Through (H-2022-0086) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 0.535 acres of land, zoned C-G, located at 3136 W. Quintale Drive. History: An MDA (2019-121599) for Ten Mile Plaza as approved in 2019 governs the development of this site; A Short Plat for Fluid Estates Subdivision was approved in 2019. Comprehensive Plan FLUM Designation: Commercial Land Uses 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 1,246 s.f. restaurant (i.e. Wienerschnitzel). Access to the subject property is provided by two existing access easements/driveways created with Bridgetower Crossing No.7 and Fluid Estates Subdivisions. However, the applicant is proposing a shared east/west driveway with the property to the south (R2862310065). 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 1,246 s.f. a minimum of 5 parking spaces are required; a total of 15 spaces are proposed, exceeding UDC standards. Conceptual building elevations were submitted for the proposed structure as shown for a single-story building that incorporates a mix of materials consisting of stucco, stone, metal trim, windows, and metal roofing. Final design is required to comply with the design standards in the Architectural Standards Manual and the elevations contained in the Development Agreement. Written Testimony: Amdrea Ridgley – believes that W. Quintale/N. Monetelino Way is a private street and unclear as to why the GIS map labeled this a collector street when the neighbors were informed that it was private street. Staff Recommendation: Approval with the condition listed in the Staff Report. 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- 2022-0086, as presented in the staff report for the hearing date of January 19, 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- 0086, as presented during the hearing on January 19, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0086 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #9: Franklin Annexation (H-2022-0090) Application(s): Annexation & Zoning Size of property, existing zoning, and location: This site consists of 2.53 acres of land, zoned R2 in Ada County, located on the south side of E. Franklin Rd., just west of N. Eagle Rd., at 2975 E. Franklin Rd. History: NA Comprehensive Plan FLUM Designation: Commercial Summary of Request: The Applicant requests annexation of 2.53-acres of land with a C-C (Community Business) zoning district. There is an existing house and associated structures on this site and two (2) existing driveways via Franklin Rd. that are proposed to be removed with development. A conceptual development plan was submitted that shows how the property is anticipated to develop with a 3,360+/- s.f. building pad that includes a drive-through and a 12,600+/- s.f. building pad with associated parking. Specific uses and tenants are unknown at this time although a restaurant (or coffee shop) is anticipated on the building pad nearest Franklin Rd. and possibly an office on the rear portion of the property. The proposed parking for the overall site exceeds UDC standards for the most restrictive use (i.e. restaurant) by almost twice as many spaces (64 spaces required, 126 spaces proposed). A new access driveway is proposed along the west boundary of the site via E. Franklin Rd. in alignment with N. Olson Ave. on the north side of Franklin Rd. A cross-access easement exists to this property from the property to the west; a reciprocal cross-access easement should be granted for interconnectivity and access via Franklin Road. With development, a 35’ wide landscaped street buffer will be required along E. Franklin Rd.; a 25’ wide landscaped buffer will be required to adjoining residential uses; and parking lot landscaping will be required in accord with UDC standards. A detached sidewalk is required along Franklin Rd. in the areas where the existing driveways are located. Conceptual building elevation photo examples were submitted that demonstrate what future buildings constructed on the site may look like. Final design is required to comply with the design standards in the City’s Architectural Standards Manual. Written Testimony: Tamara Thompson, The Land Group (in agreement with the staff report) Staff Recommendation: Approval with the requirement of a DA containing the provisions 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- 2022-0090, as presented in the staff report for the hearing date of January 19, 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- 0090, as presented during the hearing on January 19, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0090 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 19, 2023 Item #7: Wood Rose Apartments AERIAL MAPZONING MAPFUTURE LAND USE MAP Conditional Use Permit – Site Plan Landscape/Common Open Space Plan Elevations Item #8: AERIAL MAPZONING MAP CUP-Through -DriveWienerschnitzel Site Plan Landscape Plan Conceptual Elevations Item #9: Franklin Annexation AERIAL MAPZONING MAPFUTURE LAND USE MAP Conceptual Development Plan Sample Building Elevation Photos W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Wienerschnitzel Drive-Through (H-2022-0074) by John Day, SU Architecture, located at 3136 W. Quintale Dr., near the northwest corner of Ten Mile and McMillan Rds.. Application Materials: https:Hbit.ly/H-2022-0074 A. Request: Conditional Use Permit for a new approximate 1246 square foot quick serve restaurant with a drive-through located within 300 feet of an existing drive-through. PUBLIC HEARING SIGN IN SHEET DATE: January 19, 2023 ITEM # ON AGENDA: 8 PROJECT NAME: Wienerschnitzel Drive-Through (H-2022-0074) 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 ,,y ) U 2 3 4 5 6 7 8 9 10 11 12 13 14 E IDIAN -- STAFF REPORT a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING Continued to 1/19/2023 g Le end mm� DATE: �► _ DProject Location TO: Planning&Zoning Commission ��urlw ® p� FROM: Stacy Hersh,Associate Planner ® ® ® � 208-884-5533 SUBJECT: H-2022-0074 Wienerschnitzel—CUP LOCATION: 3136 W. Quintale Drive,near the ► southeast corner of N.Ten Mile and W. McMillan Roads,in the NW 1/4 of the -------- NW 1/4 of Section 35,Township 4N, Range 1 W. ff I. PROJECT DESCRIPTION Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive- through facility on 0.535 acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.535-acre Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Restaurant with a drive-through Current Zoning General Retail&Service Commercial(C-G) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 6/30/2022 attendees: History(previous approvals) H-2019-0102(DA Ten Mile Plaza);SHP-2021-0008(Short —Fluid Estates Subdivision);Development Agreement (Inst.#2019-1215991) Page 1 + 1 1 - - IN IN NNN Hill' Il fix NI"n mw: 71 p � •- .FIIII, I I.12"IIII LU i.l. , MCMIlr ,1 p 1La ��YIWa�lllll 1 ml'N�Ir��■��� r��•��s + s.n�.n� 1���� ., I_IL,-� EE . _ 1Wy� I��•:. � ..�Y� `,f.� "�.. �4J„T„ Ili��i�,1�1i � - �_� �:..� ,_ r - I�:� -f'"',+�_ �4 "s-•�•ti ,' :�� F ^� Imo• k _ - }+. llllrwil':� ' 6b3 r -'� -�'� "fir '� j�'�kt?I:-•:' .�--' .'.�'k..� =fir • :■ni� • yam �• II :Ini� y4••�+ r .�Illl,i'... - a�lll,: ' "Ig'�'�•�',�� ���Un;. �.� a����,: . ;�s,.:�,7��� ���4n;. �.� NII•n •i •• •ii iiii �'•" •• `iiiiii �:•:: �' :�_ I•I•I•�.}�' •iRF+•ii '�9•I•I _ :�.._ { •I•I•I•�.}�_ai•iRF+ •�9•I•I .�J I "}iiu •�i uu" _ �,uu,J I '}-rvnw�i uu •I••I•. al•�,I�Inv {}{i' In....�.-I-.• .. . I _ I alL,llln, {}{"t•J II•••...•-I-. ;� ' "x � e= " 5' ■ '7�:�:�.�.�: iu •.x u.•TI' -- ■ e-•iiuuu5� ■ 7�:..�.�.�: iu .1_. �.• • bAlll z'il�• 121�i I== ■- __ �IIIIIIIIIw 2'i-70 ll.a..'�IL121;i ri+l�a�llll�a uuNl _ f �-s saaaa 1�1■?�IIII��I: ulnll, � `� ��-- saaaa :Iii :�2=llli f :'ln IIIry - �LI;;I}li :�x: ■•W7 :I I,tiYiM1'lll Tuulliul�§.'�I• Al �IYuu��li�l: §.' ■ 7-_ :�I+IYu r"".=pal• A_Jli � �_•� i i 1` �. Imo' � -�, i i�1` - ,•.•S:=•I I -IZ. a l•• ' tilr� �.•••S:=J I _IZ. a I. ��ilil'�.�'•il•u��� ,.,.� ':ii'T �� �i� Ipiui��:il•uu�� ,�� '::i'l NA IN. C. Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 11/16/2022 Radius notification mailed to 11/10/2022 properties within 500 feet Site Posting Date 1/6/2023 Next Door posting 11/10/2022 V. STAFF ANALYSIS Comprehensive Plan: COMMERCIAL LAND USES This designation will provide 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 site is one of multiple commercial zoned and designated properties that surround the intersection of Ten Mile and McMillan Roads. There is a multitude of commercial uses existing and under construction with more to come as this area continues to develop. The proposed use of a restaurant with a drive-through is a desired use designated within the Commercial designation in the Comprehensive Plan, as noted above. The proposed use, in conjunction with the already approved or constructed uses, satisfy the general Commercial future land use designation for this area. Staff finds the proposed project is generally consistent with the Comprehensive Plan. SITE DESIGN AND CODE ANALYSIS The Applicant proposes to construct a 1,246(s.f.)restaurant with a drive-through for Wienerschnitzel on a 0.535-acre property in the C-G 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-IIA.1. In this case, one other drive-through establishment exists within 300 feet of the property—Ten Mile Plaza(A-2020-0027)on the abutting lot to the north; there are no existing residences or residential districts within 300 feet of the property. The proposed use,development plan, and elevations are in substantial conformance with the provisions in the existing Development Agreement(Inst. #2019-121599). Specific Use Standards: Staffs analysis is in italics. Drive-Through Establishment: The proposed drive-through establishment is subject to the Page 3 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 and speaker are depicted on the site plan at the proposed ordering point; the window location should be depicted on the plans. The site plan 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 stacking lane appears to have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons as required. 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. 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 north side of the building and is visible from N. Ten Mile Road and from the drive aisle 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-G zoning district. Access: Access to the subject property provided by two existing access easements/driveways created with Bridgetower Crossing No.7 and Fluid Estates Subdivisions. However,the applicant is proposing a shared east/west driveway with the property to the south(R2862310065). With the submittal of the Certificate of Zoning Compliance application,the applicant shall submit a recorded reciprocal cross-access agreement between the proposed development and existing development to the south(Parcel#R2862310065). Parking: As noted above,UDC 11-4-3-49 includes specific parking standards for restaurants,which the site plan demonstrates compliance with. A minimum of 5 off-street vehicle parking spaces are required for the 1,246 square foot building; 15 are proposed,in excess of the minimum standards. Page 4 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 east side of the building which should accommodate a minimum of one(1)bicycle. The parking stalls along the eastern boundary of the site should contain wheel stops to prevent vehicle overhang in accordance with UDC 11-3C-5.B.3; or the buffer along the east boundary of the site next to the drive aisle should be widened to a minimum of 10 feet to allow for 2 feet of vehicle overhang in accord with UDC 11-3C-5B.4—parking stalls may be reduced to 17 feet in length; or,wheel stops may be provided in parking spaces to prevent vehicle overhang. The landscape plan submitted with the Certificate of Zoning Compliance application should be revised to reflect compliance with these standards. Landscaping: Street buffer landscaping was installed within the street buffer along N. Ten Mile Road with the Bridgetower Crossing subdivision improvements. Parking lot landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. Sidewalks: A 5-foot wide sidewalk exists within the street buffer along N. Ten Mile Road.A pedestrian walkway is proposed from the sidewalk along Ten Mile to the main building entrance as required by UDC 11-3A-19.13.4. There is also a second pedestrian walkway depicted on the plans in the drive-through lane on the east side of the building. 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. Easements: There are existing easements on this lot as shown on the Fluid Estates subdivision plat. The proposed structure shall not encroach within these easements,except as allowed in the UDC. 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. 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 stucco, stone,metal trim, windows, and metal roofing. Future development of this site shall substantially comply with the conceptual building elevations contained in the Development Agreement. The final design must be consistent with the Development Agreement(Inst. #2019-121599) and design standards listed in the Architectural Standards Manual. Compliance with these documents will occur through the CZC and DES process noted below. Staff finds that the elevations submitted are consistent with the conceptual elevations contained in the Development Agreement and the adjacent surrounding buildings within the development. 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 5 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. Page 6 VIL EXHIBITS A. Proposed Site Plan(dated: 4/20/2022) MAMA J Jd •I o FLUID ESUTES eLo�c� wF aI L 3 y• w _.------............... ..........---- WEST QUINTALE DRIVE annnEc o..i u e ARCHITECTURAL SITE PLAN PUX AI.I Ij Page 7 B. Proposed Landscape Plan VMS Omw"Uw- ---------- -------- ---- -- tN M==7- fi PRME—U-0M Ad --EDUFFER 127 km Page 8 C. Building Elevations(dated: 6/13/22)Conceptual ff I ! is coxcsrr��nc Ci EAST ELLVATON 0 NORTH aEVPTION W s Vim I If x H x� to •Sr' WEST ELEVATON EO uTH ELEVP}ION vvej� A3.1 j Page 9 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--2019- 0102 (DA Ten Mile Plaza);SHP-2021-0008(Short —Fluid Estates Subdivision); Development Agreement(Inst. #2019-121599]. 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 walkways from the perimeter sidewalks 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 11-3A-19B.4b. d. Depict wheel stops in the parking stalls along the eastern boundary of the site to prevent vehicle overhang in accordance with UDC 11-3B-5.B(3). e. Depict landscaping in the perimeter buffer and within the parking area in accord with the standards listed in UDC 11-3B-8C. f. 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 11-4-3-11 —Drive-Through Establishment and 11-4-3-49—Restaurant is required. 5. A reciprocal cross-access easement is required to be submitted with the property to the south (R2862310065) for the east/west shared drive aisle. This cross-access easement shall be submitted with the Certificate of Zoning Compliance application. Direct lot access to N. Ten Mile Road is prohibited. 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. 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. Ensure no sewer services cross infiltration trenches. Page 10 General Conditions of Approval 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. 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. 3. 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. 4. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 5. 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. 6. 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. 7. 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. 8. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. 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. 14. 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 Page 11 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. 15. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 16. 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. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciiy.org/WebLink/DocView.aspx?id=279724&dbid=0&repo=MeridianC ity D. CITY ARBORIST https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=279405&dbid=0&r0o=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. Staff 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. Staff 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. Staff 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. Staff ,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 12 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 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. Staff 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) Staff 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 13 V IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Wood Rose Apartments (H-2022-0086) by Housing Company, located at 1160 W. Ustick Rd., north of W. Ustick Rd. between N. Linder Rd. and Meridian Rd. Application Materials: https:Hbit.ly/H-2022-0086 A. Request: Conditional Use Permit for a multi-family development consisting of 46 affordable multi-family housing units with a clubhouse on 3.81 acres of land in the R-15 zoning district. PUBLIC HEARING SIGN IN SHEET DATE: January 19, 2023 ITEM # ON AGENDA: 7 PROJECT NAME: Wood Rose Apartments (H-2022-0086) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name lw�-- r 5 6 7 8 9 10 11 12 13 14 E IDIAN COMMUNITY DEVELOPMENT DEPARTMENT D A H L HEARING 1/19/2023 Legend W�, DATE: z Q 0 Project Location W ASHBY DR- TO: Planning&Zoning Commission i, NAPPLE a/NE S > a FROM: Stacy Hersh,Associate Planner a ]= � - Wo � 208-884-5533 � W Q o a z SUBJECT: H-2022-0086 - W ,- w , Wood Rose Apartments CUP a , Q�W LOCATION: 1160 W.Ustick Road,North of D_ ((U W. Ustick between N. Linder Road and Meridian Road,in the o w W PARKS SW 1/4 of the SE 1/4 of the SW x a 1/4 of Section 36,T.4N.,R. 1W. N W STANHOPE t z 3 zoQjLLLLiLu 1� �Y ST ; UEM I. PROJECT DESCRIPTION Conditional Use Permit for a multi-family development consisting of 46 multi-family units with a clubhouse on 3.81 acres of land in the R-15 zoning district,by the Housing Company. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.81 acres(R-15 zoning district) Future Land Use Designation Mixed-Use Community(MU-C)and Medium Density Residential(MDR) Existing Land Use(s) Vacant Proposed Land Use(s) Multi-Family Residential,rent restricted; 8 1-bedrooms,28 2- bedrooms, 10 3-bedrooms Lots(#and type;bldg./common) One(1)multi-family residential building lot Number of Residential Units(type 46 multi-family units—Seven(7)two-story buildings of units) Density Gross— 12.07 du/ac. Open Space(acres,total 3.81 acres(39,464 s.f)of qualified open space proposed [%]/buffer/qualified) according to the Common Open Space Requirements Key located on the Landscape Plan(approximately 23%). Amenities At a minimum,3 amenities are proposed—See the amenity Exhibit in Section VII below. Neighborhood Meeting date November 14,2022 History(previous approvals) H-2021-0092(1160 W.Ustick Rd. "aka"Wood Rose Apartments)DA Inst.#2022-092438) Page 1 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Traffic Impact Stud es/no No Access Access is proposed to W.Ustick Road(arterial)via construction of a new (Arterial/Collectors/State local street connection at the very southeast corner of the site. Hwy/Local)(Existing and Proposed) Stub Stub Street is proposed by constructing the new internal local road,N. Street/Interconnectivity/Cross Cooper Lane,and stubbing to the north;dedicating additional right-of- Access way at the site's northwest corner to accommodate for the future extension of 1 I'Avenue in the site to the west(1250 W.Ustick Road). Existing Road Network Ustick Road is an existing 5-lane arterial street—4 lanes of travel plus a center turn lane. Existing Arterial Sidewalks/ The existing arterial sidewalk along the Ustick frontage is complete;no Buffers buffers are existing. Proposed Road Ustick Road is already improved with 5-travel lanes,bike lanes,curb, Improvements gutter,and a 5-foot wide detached concrete sidewalk consistent with the MSM;no road improvements are required. Police Service • Development Location 2.6 miles from the Meridian Police Department • Police Response Time Expected response time to this area is 3:24 Minutes • Response Time Goal Response time goal for emergencies is within 3-5 minutes. • 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. Wastewater •Additional 1520 gpd committed to model.WRRF decline balance is 14.57 MGD •Sewer and water running in parallel require 30-feet easement •Sewer should be a minimum 10-feet from the edge of the easement •Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. •Ensure no sewer services pass through infiltration trenches. Water •Fire hydrant laterals and water services up to the meter require a 20- foot easement.Easement to extend 10-feet past the fire hydrant/water meter. •Locate water meters 10-feet from buildings. •Water and sewer in parallel require a minimum of a 30-foot easement, the current easement shown is only 25-foot •Water mains require a 20-foot easement with the water main as close to the center of the easement as possible. •Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. •Provide 20-feet water easement on the eastern portion of the road that extends from the southern boundary to the northern boundary. •Water main must be at least 10-feet from any portion of buildings. Page 2 Description Details Page •Water main must loop through the site from Ustick Rd to the existing water main to the east,currently missing connection to the east. •There is an existing water meter in the corner that must be abandoned if it is not used. •Landscaping plan makes it look like there will be a tree located within a utility easement,no trees are allowed in the City's utility easement. •Trash Receptacles cannot be within the easement. C. Project Maps Future Land Use Map Aerial Map Legend Legend A 0 Project Location a F Ir PINE S > Project t Location E Si0H�X�R W Q = r'a LLJ aCIO J +per L J o a z W WOODPICNESLU � �z wr>��~ z > ~ kz > > z > z JIrl w Q , w Z z "Q _ a� MU-C z --J —W U!)-I iuK'KD Dom• Z z - r �_ W PARKSTONE ST WM v~> '' w p�RKST NF C ' W CIO CIO W STANHOPE ST H z N = W STANHOPE-ST z > rLu z 0 Q Z =Z- -� Z Imo,` ! zFZ �3 z z `€ W�4� 6 -F r W 4Q�!X5T r .. ST = Zoning Map Planned Development Map Legend z W w Legend a 'te a WASHBYDR= 0 0 Project Location a �Project Location N APPLEP/NE ST > ; City Limits RUT R-8 X a R-4 R 15 o a ,�, m — Planned Parcels w W WOODPINE z if Qo a z (� w a z 31=-`U zazC-C C-C y z ¢ C C —W-U51 ILK KD RUT_ Q D _ U r�ammtm R 15 R-4 MUM��I� J g`C1C t o wW PARKSTONE ST J TN-R wW PARKS = x a a a �r L r' N W STANHOPE ST ,z„ o = W STANH z R 8 z0� Z z W LOWRYST, RUT R-8 i _ Page 3 III. APPLICANT INFORMATION A. Applicant: Nate Wheeler,The Housing Company—656 W. Myrtle Street,Boise,ID 83702 B. Owner: Erin Anderson,The Housing Company—656 W. Myrtle Street, Boise, ID 83702 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 1/4/2023 Radius notification mailed to properties within 500 feet 12/30/2022 Public hearing notice sign posted 12/30/2022 on site Nextdoor posting 12/30/2022 V. STAFF ANALYSIS A. PROPERTY HISTORY&COMPREHENSIVE PLAN ANALYSIS: Land Use: The subject property, approximately 3.89 acres,includes two future land use designations: Mixed-Use Community(MU-C)is shown on the majority of the site with Medium Density Residential shown on the west quarter of the site on the Future Land Use Map(FLUM)in the Comprehensive Plan. Mixed Use Community(MU-C)—The purpose of this 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. Medium Density Residential(MDR)—This 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. Proposed Use: A two-story multi-family development containing 46 dwelling units consisting of seven(7) residential apartment buildings, clubhouse,children's play structure, dog park, and an open grassy area is proposed to develop on the site. Page 4 History: The subject site is approximately 3.8 acres in size and abuts W. Ustick Road along its entire southern boundary. This parcel was approved for Annexation and Zoning(H-2021-0092) of 4.54 acres of land with an R-15 zoning district for the purpose of constructing an affordable housing multi family residential project with a recorded Development Agreement(Inst. #2022-092438) in 2021. The Conditional Use Permit(CUP)application is the next step in establishing the approved use and confirming the submitted site plan, landscape plan, and elevations are substantially consistent with the approved plans within the Development Agreement. 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. The need for affordable housing units is desired in the City of Meridian; a condition was included in the DA. • "Establish and maintain levels of service for public facilities and services, including water, sewer,police,transportation, schools,fire, and parks"(3.02.01 G). All City services are available for the subject site. West Ada School District(WASD)has submitted a letter noting that approximately 24 school-aged children could be housed in the future development with the Annexation approval and all schools in the applicable attendance areas currently have the capacity to accommodate additional children.ACHD has provided a staff report that analyzed the proposed project and has approved the submitted conceptual plan, use, and transportation element. • "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) Traditional multi family residential exists to the southeast of the site on the south side of Ustick and townhome style multi family is conceptually approved on a portion of the C-C property directly to the east; detached single-family residential exists to the south, west, and north of the subject site and are all zoned R-8. Staff supports the addition of this development on the north side of Ustick because it does contribute to other housing and rental options in the area other than single-family homes. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land."(3.07.00) The proposed affordable multi family housing units are encouraged to assist in meeting the needs of present and future residents based on their financial capabilities. • `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 Page 5 required to be provided to and through this development in accord with current City plans. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D). Despite the project being on an odd-shaped parcel with many constraints, the submitted concept plan depicts robust pedestrian facilities throughout the site and to the adjacent parcels. The Applicant is showing multiple connections to the existing arterial sidewalk as well as a pedestrian connection to the east property line and at the very northwest corner of the site for future connectivity.Due to the requirements of the project to the east, it is anticipated the pedestrian facilities will be continued within the commercial component of that project. In addition, the connection at the northwest corner would connect to the attached sidewalk along the future extension of NW 1Ph Avenue. Stafffinds this development to be generally consistent with the Comprehensive Plan. B. UNIFIED DEVELOPMENT CODE(UDC)ANALYSIS Conditional Use Permit(CUP)—Multi-family Development(UDC 11-4-3-271 Specific Use Standards: A. Purpose. 1. To implement the goals and policies of the Comprehensive Plan: a. Plan for safe,attractive,and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. b. Require the design and construction of pathways connections,easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities as part of new multi-family residential and mixed-use developments. 2. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. a. To create quality buildings and designs for multi-family development that enhance the visual character of the community. b. To create building and site design in multi-family development that is sensitive to and well-integrated with the surrounding neighborhood. c. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings,and provide safe,interesting outdoor spaces for residents. B. Site design. 1. Buildings shall provide a minimum setback of ten (10) feet 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 standards for only one(1)trash enclosure provided for the multi family development.Staff recommends that the Applicant work with Republic Services to establish an approved location for the trash enclosures,as well as,an adequate quantity of trash and recycle bins Page 6 to service this development prior to submittal of the CZC Application. 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 accessways shall not count toward this requirement. In circumstances where strict adherence to such standards would create an inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as outlined in section 1 I-5B-5 of this title. The submitted elevations depict several outdoor patios and balconies that may qualify for the requirement. However, without floor plans, Staff cannot verify if each unit is proposed with the minimum required area. Compliance with this standard will occur with the future Certificate of Zoning Compliance(CZC)application; the Applicant is required to comply with this requirement or submit an Alternative Compliance application to seek a reduction to the required private open space standards. 4. For this section, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space.None of these areas were used in the open space calculation. 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 adhere to this standard. 6. The parking shall meet the requirements outlined in chapter 3, "regulations applying to all districts",of this title.See the parking section in the general analysis below. 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 provides 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. The Applicant is proposing more than 20 units (46 units) so the Applicant is required to provide the items above in compliance with this standard. The submitted plans do not depict the location of these items. With the future CZC application, the Applicant should revise the site plan to show these items. C. Common open space design requirements. 1. The total baseline land area of all qualified common open spaces shall equal or exceed ten (10)percent of the gross land area for multi-family developments of five (5) acres or more. The multi family area is less than S acres in size, approximately 3.81 acres. See the open space section below for more specific analysis. 2. All common open spaces shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for land use after all other development elements have been designed.Open space areas that have been given priority in the development design have: Page 7 (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards; and (4) Support a range of leisure and play activities and uses. b. Open space shall be accessible and well-connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering, and relaxation to serve the development. Staff finds the proposed open space areas comply with these standards by providing open space that is well connected, highly visible, and promotes health and well-being by supporting a range of leisure and play activities with the proposed amenities and general design of the open space. See the submitted landscape plan and rendering for a visual of compliance with this standard. 3. All multi-family projects over twenty(20)units shall provide at least one(1)common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway, are exempt from this standard. a. Minimum size of the common grassy area shall be at least five thousand(5,000)square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. b. Alternative compliance is available for these standards if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land-use designations with collectively integrated and shared open space areas. The submitted plans depict one open common grassy area of approximately 5,000 square feet located next to the dog park. The applicant is also providing additional open space grassy areas above code requirements. Furthermore, several linear open space areas are larger than the 5,000 square foot area required. Staff finds the proposed open space complies with this standard. 4. 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 fewer square feet 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. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. Page 8 The Applicant is required to provide common open space based on the square footage for each unit type. The submitted plans do not depict the square footage for each unit type:8 one-bedroom units,28 2-bedroom units, and 10 3-bedroom units are included on the plans; however, an average unit size of 1,200 square feet or over is provided. Based on the above open space requirements, the Applicant calculated the maximum requirement of 350 square feet for all 46 units of open space,therefore, a minimum of 16,100 square feet or 0.37-acres of common open space is required This equates to approximately 23% of the property being open space. The submitted open space exhibit depicts approximately 47,684 square feet or 1.097-acres of total qualified open space provided for this site. Staff finds that the open space provided exceeds the requirements for this development. 5. 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(20)feet. Applicant complies. 6. 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. Staff is not aware of any phasing for the proposed project. 7. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to a collector or arterial streets unless separated from the street by a berm or constructed barrier at least four (4) feet in height, with breaks in the berm or barrier to allow for pedestrian access. The Applicant is not including or requesting that the required 25 feet street buffer along W. Ustick Road (arterial roadway) be included as part of the open space calculations. However,this buffer D. Site development amenities. 1. All multifamily 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 a 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. Page 9 (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. (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 the multifamily development as follows: a. For multifamily developments with less than twenty(20)units,two(2) amenities shall be provided from two(2) separate categories. b. For multifamily development between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided,with one (1) from each category. c. For multifamily development with seventy-five (75) units or more, four (4) amenities shall be provided,with at least one (1)from each category. d. For multifamily 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. For the 46 multi family units proposed, a minimum of three(3)amenities, one from each category, should be provided to satisfy the specific use standards. According to the submitted plans and narrative, the applicant believes there are four (4) qualifying amenities proposed with amenities from each category. The proposed amenities include a clubhouse(2,975 square feet),dog park(3,220 square feet),children's play structure,and an open grassy area(50'x100'). The open grassy space area (50'x100') does not count as an amenity and is considered part of the qualifying open space. The other amenity would be the multi-use pathway that runs through the site. The amenities proposed are required to be from each category. Two of the amenities (clubhouse and dog park) are from the same category. The Applicant should choose an additional amenity from a different category or replace one of the amenities to meet UDC Code 11-4-3-27.D requirements for the site development amenities for multi family developments. . E. Landscaping requirements. 1. Development shall meet the minimum landscaping requirements by 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: Page 10 a. The landscaped area shall be at least three(3) feet wide. b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24)inches shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. According to the submitted landscape plans, the Applicant is showing compliance with this standard. F. Maintenance and ownership responsibilities. All multifamily 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 and provide said document at the time of CZC submittal. Code Analysis— Dimensional Standards(UDC 11-2A1: The proposed development is required to comply with the dimensional standards listed in UDC Table 11-213-3 for the R-15 zoning district and those within the specific use standards for Multi- family Development discussed above (UDC 11-4-3-27). The R-15 zoning district has a minimum landscape buffer requirement of 25 feet to any adjacent arterial street. The submitted concept plan shows this 25-foot landscape buffer to W. Ustick compliant with the required dimensional standards. The Applicant is required to construct a street buffer along W. Ustick Road, an arterial street, with a parkway area in accord with UDC 11-3B-7. The R-15 zoning district has a maximum height limit of 40 feet. The submitted conceptual elevations do not depict measurements but all buildings are proposed as two-story in height so Staff is not concerned with the Applicant meeting this standard.With a future CUP application, Staff will confirm conformance with the required dimensional standards of the R-15 zone. The submitted plans show compliance with all dimensional and specific use standards, including but not limited to, building height, setbacks, accesses, and required parking spaces. Existing Structures/Site Improvements: There is one existing structure on the property that appears to be a large concrete structure. This structure will be removed upon project development. In addition,there is an existing 5-foot wide detached sidewalk along Ustick Road that will be protected and maintained during construction. Access(UDC 11-3A-3): Access is proposed to W.Ustick Road(arterial)via construction of a new local street connection at the very southeast corner of the site in alignment with N. Blairmore Way on the south side of W.Ustick Road. The submitted plans show this new road to extend from Ustick and then terminate at the north property boundary to be a total of approximately 100 feet in length. Access to the multi-family residential buildings is proposed off of this new local street segment in the form of a driveway connection on its west side. All parking and access to the proposed units are off of this drive aisle that loops through the site. There is an existing home at the northeast corner of the subject property that currently takes access to Ustick Road via a private lane easement,N. Cooper Lane. According to the Applicant, the existing location of this private lane and curb cut are not in the correct position per the Page 11 recorded easement. In fact,the Applicant has stated the easement is located further east and in alignment with the proposed local street extension.Therefore,the Applicant does not have to relocate the easement so long as access is still being provided as proposed. In addition,the Applicant is proposing to construct a new segment of private driveway for this homeowner to have access to the new local street. ACHD has offered their support of the proposed access and driveway connections for the project. Staff recommends the second curb cut in the center of the property along W. Ustick Road be removed and landscaped in accord with UDC 11-3B-7. Local street access is not currently available to serve this site. Further,the applicant is providing cross access to the eastern parcel to allow access to the planned commercial uses and reciprocate access as was required with the adjacent eastern property. The executed cross-access agreement should be submitted with the future CZC application. As noted above, there is a small area of existing right-of-way for NW 1Ph Avenue abutting the subject site at the very northwest corner. It is anticipated this public road would be extended wholly on the property to the west except for the sliver of right-of-way located on this property. Per ACHD's approval with Development Agreement#2022-092438 conditions, the Applicant is required to deed the future right-of-way to ACHD for the extension of 1Ph Avenue in the northwest corner of the property and deed the required right-of-way for the new public street (Cooper Lane) on the east boundary of the site to ACHD prior to submitting for Certificate of Zoning Compliance approval. Off-street Parking(UDC 11-3G& Off-street parking for multi-family developments is required to be provided per the table in UDC 11-3C-6 based on the number of bedrooms per unit. The Applicant is proposing 46 units consisting of 8 1-bedroom units, 28 2-bedroom units, and 10 3-bedroom units. In addition, one (1)guest space for every 10 units is required. Based on the total number of units proposed and their bedroom count distribution, a minimum of 93 parking spaces, with a minimum of 46 of these spaces to be covered in a garage or by a carport.According to the submitted site plan, the Applicant is proposing 106 spaces with 46 of these spaces to be covered by a carport. The proposed parking exceeds minimum code requirements by 7 spaces; however, the plan submitted is deficient in trash enclosures for this site, which may impact the proposed parking 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 106 spaces, a minimum of 4 spaces are required; a total of 5 spaces are proposed in excess of UDC standards. A detail of the bicycle rack should be included on the plans submitted with the CZC Application. Sidewalks(UDC 11-3A-17) and pedestrian walkways(UDC 11-3A-19): A 5-foot wide detached sidewalk is existing along W.Ustick Road. The Applicant is also proposing attached sidewalks and other pedestrian walkways throughout the entire site 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. The proposed pedestrian sidewalks shall be constructed with a different material than the driving surface with the plans submitted the CZC Application. Pathways(UDC 11-3A-& A 10-foot wide detached multi-use pathway is required in front of the buildings located to the north per the Master Pathways Plan. The pathway should be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for a Certificate of Zoning Compliance. The applicant should coordinate with the Meridian Page 12 Parks Department on the placement of the pathway along the front of the units in lieu of it along the northern boundary. Landscaping(UDC 11-3B1: The Applicant is required to construct street buffers along Ustick Road, an arterial street,along N. and Cooper Lane,new local street,at in accord with UDC 11-3B-7.3. Landscaping is required within parking lots in accord with the standards listed in UDC I I-3B-8C. According to the submitted landscape plans, all required landscaping appears to be shown including the required number of trees adjacent to W. Ustick Road and within the parking lot islands, and next to drive aisles.A landscape strip a minimum of five (5)feet wide shall be provided along each side of the pathway per UDC 11-3B-12. Fencing(UDC 11-3A-6,11-3A- • All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. The Applicant is proposing 6-foot closed vision fencing along W. Ustick Road and 6-foot open vision fencing along the west/north property boundaries and around the dog park. All fencing looks to meet the required standards. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments by the City's adopted standards, specifications, and ordinances. Design and construction shall follow best management practices as adopted by the City as outlined in UDC 11-3A-18. Storm drainage will be proposed with a future Certificate of Zoning Compliance application and shall be constructed to City and ACHD design criteria. Pressurized Irrigation(UDC 11-3A-IS): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15.No irrigation plans have been submitted the CUP Application at this time but Staff anticipates this will be handled with the future Certificate of Zoning Compliance that is required prior to building permit submittal. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted conceptual elevations of the future multi-family 6-plex buildings but not of the noted 8-plex buildings. Multi-family residential projects require Administrative Design Review(DES)approval with future applications so Staff will perform a thorough analysis at that time against the requirements in the Architectural Standards Manual. Further, an application for a Certificate of Zoning Compliance(CZC)will also be required to be submitted for this entire development before the building permit submission. Initial review of the conceptual elevations depicts a 6 plex building with varying roofprofiles and materials including stone,fiber-cement lap siding, and board&batten in different layouts. The elevations also depict the tallest portion of the buildings to face in towards the site which appears to minimize the building massing facing adjacent properties. VI. DECISION A. Staff: Staff recommends approval of the requested Conditional Use Permit per the conditions of approval included in Section VIII in accord accordance with Findings in Section IX. Page 13 VII. EXHIBITS A. Site Plan Open Space and Amenity Exhibits W P�MEXr XR� �a �o RRFX ® w c.+e�os +FSCOr os:nC Xf91RXX�1 L.J y' S&Gv�Rat�{61RREGI r +o�Rma m x CiBIGRX55YIRFA ll IDMSF. I III RFRLdiXORUF dfXPPIfE x% II 1 II I !I 1 II I II I li j I !11 = I III d I !I I 11 I II i itk I II °I I II I I I I ♦� OAAdP I ... I ' i �. ____♦ A a� I I I — ♦• �_\1 —L'= =—y> __ =r----- ♦♦�; i � 1 it i \II W USTICK RD Page 14 B. Landscape Plan(dated: November l4, 2022): NT SCHEDULE LANDSCAPE REQUIREMENTS GALLOUT LEGEND TREE mITIGATION SCHEDULE INK- TREE MMCAT10N NOTES: IF LANDSCAPE NOTES: LANDSCAPE AREA JAV ZE- TURF AREA PREPARATION NOTES HAV IRRIGATION NOTES -1P SHRUB PLANTING VYY9 MI." WEED ABATEMENT NOTES�. ------�� 9aoc |5 C. Conceptual Building Elevations 8 0® ®0 8 LA TYPICAL FRONT ELEVATION. ..o.�. TYPICAL SIDE ELEVATION �AC�HISON Page 16 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: 1. The Applicant shall comply with the provisions in the existing Development Agreement H- 2021-0092 (DA Inst. #2022-092438)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. With the future CZC application,the site plan included in Section VII.A, shall be revised as follows: a. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete,or bricks in accord with UDC 11-3A-1913.4b. The proposed pedestrian sidewalks shall be constructed with a different material than the driving surface with the plans submitted the CZC Application. b. Coordinate with the Meridian Parks Department on the placement of the pathway along the front of the units in lieu of it along the northern boundary and depict the 10-foot pathway on plans submitted with the future Certificate of Zoning Compliance. c. Depict the four(4)required items noted in the specific use standards(UDC 11-4-3- 2713.7)to include:property management office,maintenance storage area,central mailbox location,and the location of the directory and map for the complex at all necessary locations. d. 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 11-4-3-2713.2. e. Applicant shall work with Republic Services to establish an approved location for the trash enclosure, as well as,an adequate quantity of trash and recycle bins to service this development prior to submittal of the CZC Application. f. Include a detail of the bicycle rack on the plans submitted with the CZC Application. 4. With the future CZC application,the landscape plan included in Section VII.B shall be revised as follows: a. Depict landscaping in the street buffers along Ustick Road(an arterial street)and along N. Cooper Lane(new local street)in accord with UDC 11-313-7.3,which require a mix of trees, shrubs, lawn and/or other vegetative ground cover. b. Remove the second curb cut in the center of the property along W. Ustick Road and landscape in accord with UDC 11-3B-7. c. A landscaping strip a minimum of five(5)feet wide shall be provided along each side of the pathway per UDC 11-3B-12. d. Provide an exhibit within the landscape plan that depicts the type of open vision and closed vision fencing proposed along the south,north,and west boundaries of the site including the dog park. Page 17 5. The Applicant shall comply with all specific use standards for the proposed use of Multi- family Residential Development(UDC 11-4-3-27) , as well as,must choose an additional amenity from another category or replace one of the amenities to meet UDC Code 11-4-3- 27.D requirements for the site. 6. The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES)approvals before submitting for any building permit within this development along with providing elevations for the clubhouse, eight-plex, and carports with the first CZC. 7. Before the multi-family units are placed in service(release of the first Certificate of Occupancy), Owner and/or Developer shall record a low-income housing tax credit regulatory agreement with the Ada County Recorder's Office to restrict the rental rates on the units for a minimum of thirty(30)years to ensure the units are affordable to individuals and families earning, averaged within the entire project,no more than sixty percent(60%)of the area median income and provide said agreement prior to issuance of any building permit for the proposed use; except that up to six(6)of the proposed units may be market rate units to allow for flexibility in the funding source for this project. 8. The Applicant shall record a cross-access agreement to the property to the east(Parcel 50436347150)for easier access to and from the future commercial uses along W.Ustick Road;the recorded agreement shall be submitted with the future Certificate of Zoning Compliance application approval. 9. At the time of Certificate of Zoning Compliance submittal,the Applicant shall submit a recorded and legally binding document(s)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,per UDC 11-4-3-27F standards. 10. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 11. Off-street parking is required to be provided by both the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. 12. The Applicant shall deed the required right-of-way for N. Cooper Avenue to ACHD and deed the required future right-of-way to ACHD for the extension of NW I I'Avenue in the northwest corner of the property prior to submitting for Certificate of Zoning Compliance approval. 13. The Applicant shall comply with all ACHD conditions of approval. 14. Provide a pressurized irrigation system consistent with the standards as outlined in UDC 11- 3A-15,UDC 11-3B-6, and MCC 9-1-28. 15. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as outlined in UDC 11-3B-14. 14. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements,acquire building permits and commence construction within two years as outlined in UDC 11-5B-6F.1; or 2) obtain approval of a time extension as outlined in UDC 11-5B-6F.4. Page 18 B. PUBLIC WORKS DEPARTMENT 1. Site Specific Conditions of Approval a. Ensure no sewer services cross infiltration trenches. b. Sewer should be a minimum 1Oft from edge of easement c. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences,infiltration trenches,light poles, etc.)are built within the utility easement. d. Fire hydrant laterals and water services up to the meter require 20'easement. Easement to extend 10'past the fire hydrant/water meter. Locate water meters 10'from buildings. e. Provide 20'water easement on the eastern portion of the road that extends from the southern boundary to the northern boundary. f. Water main must be at least 10'from any portion of buildings. g. Water main must loop through the site from Ustick Rd to existing water main to the east. h. There is an existing water meter in the northwest corner of the project that must be abandoned if it is not used. 2. General Conditions of Approval 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. 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. 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. 5. 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 19 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. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 11. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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.orglpublic works.aspx?id=272. 19. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to 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. 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. ADA COUNTY HIGHWAY DISTRICT(ACHD) No report at this time. Page 20 D. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) No report at this time. E. MERIDIAN PARKS DEPARTMENT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=286291&dbid=0&repo=MeridianC hty F. MERIDIAN POLICE DEPARTMENT(MPD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=283967&dbid=0&repo=MeridianC iv G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=284951&dbid=0&repo=MeridianC iv H. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=285179&dbid=0&repo=MeridianC iv IX. FINDINGS A. Conditional Use Permit Findings (UDC 11-5B-6E1: 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. Staff finds the submitted site plan shows compliance with all dimensional and development regulations in the R-15 zoning district in which it resides. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. If all conditions of approval are met, Staff finds the proposed site design and use of multi- family residential are harmonious with the comprehensive plan designation of Mixed-Use Community and the medium-density residential requirements of this title when included in the overall MU-C designated 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. Despite the proposed use being different from the residential uses to the west and south, Staff finds the site design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, so long as the Applicant constructs the site as proposed. Page 21 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 the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property 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 the proposed use will be served adequately by essential public facilities and services because all services are readily available and both ACHD and ITD have reviewed and approved the proposed layout and traffic generation. 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. All public facilities and services are readily available for the subject site so Staff finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 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 because of excessive production of traffic,noise,smoke,fumes,glare,or odors. Although traffic will increase in the vicinity with the addition of more residential units, Staff finds the proposed use will not be detrimental to any persons,property, or the general welfare. 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). Staff is unaware of any natural, scenic, or historic features within the development area, therefore, Stafffinds the proposed use should not result in damage to any such features. Page 22 E IDIAN;--- Applicant Presentation Wood Rose Apartments CUP The Housing Company January 19, 2022Meridian Planning and Zoning Commission Hearing Section 8 & Tax Credit Vacancy Rate Our nearest developments to here are Moon Valley Apartments in Star, Nampa community that will stand the test of time.We own our properties in the long term and take pride in building an asset for the disabled.income families, seniors, and the -affordable apartment communities serving lowThe Housing Company provides professional property management services for rental communities.47 affordable units in 1200 We have developed more than partner with local government and other interested parties to solve local housing needs.to bring creative housing solutions to areas struggling with insufficient housing. Our goal is to state not being adequately served. Through local public/private partnerships we have been able surrounding states. We play an active role in bringing affordable housing resources to areas of the an inadequate supply of affordable, decent rental housing within the state of Idaho and recently is a nonprofit organized in 1990 with the mission to address the concern of The Housing Company Our Purpose:The Housing Company, an Idaho nonprofit corporationCompari son About the Project Apartments by The Housing CompanyWood Rose Income Housing project in Meridian in 25 years. -Low st 1•Community Building with gathering area, laundry, exercise room, patio and playground•Income Housing Tax Credits-Financed with Low•Permanent Deed Restriction•Break Ground in Summer 2023.•46 Affordable (60% and Less AMI) and 4 Market Units• Wood Rose Apartments by The Housing Company Wood Rose Apartments by The Housing CompanyCompany Wood Rose Apartments by The Housing Company Wood Rose Apartments by The Housing Company Section 8 & Tax Credit Vacancy Rate (p.5).use” residential is essentially its own needed within the City and matter the type, is greatly of affordable housing, no finds the specific use “Staff Previous Hearing For Annexation and Rezoning on January 5, 2022 Wood Rose Apartments by The Housing CompanyComparison Section 8 & Tax Credit Vacancy Rate (p.5).development”housing family -affordable multishould instead be an policies . . . and use -mixedApplicant to meet all of the for the find it feasible does not nearby area, Staff constraints to the site and Because of these . . \[CP\] . policies outlined in the fundamental goals and the cannot viably meet that created a site Meridian “has Previous Hearing For Annexation and Rezoning on January 5, 2022 Wood Rose Apartments by The Housing CompanyComparison Wood Rose Apartments by The Housing Company Wood Rose Apartments by The Housing Company Wood Rose Apartments by The Housing Company Wood Rose Apartments CUP The Housing Company January 19, 2022Meridian Planning and Zoning Commission Hearing E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Franklin Annexation (H-2022-0090) by The Land Group, Inc., located at 2975 E. Franklin Rd. Application Materials: https:Hbit.ly/H-2022-0090 A. Request: Annexation of 2.53 acres of land with a C-C (Community Business) zoning district. PUBLIC HEARING SIGN IN SHEET DATE: January 19, 2023 ITEM # ON AGENDA: 9 PROJECT NAME: Franklin Annexation (H-2022-0090) 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 ¢O 4 B 3 - > 4 5 J� MA &�)Ljs' 5,0 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT 1,H p HEARING January 19,2023 Legend u DATE: 11D Project Locator TO: Planning&Zoning Commission 1_LLL1J_.� FROM: Sonya Allen,Associate Planner ' 208-884-5533 '- SUBJECT: Franklin Annexation TM . H-2022-0090 LOCATION: 2975 E. Franklin Rd.,in the NE 1/4 of Section 17,T.3N.,R.1E. (Parcel ® -' #S1117110201) �EEFF 11�1 ' I. PROJECT DESCRIPTION Annexation of 2.53-acres of land with a C-C (Community Business) zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.35-acres(2.53-acres annexation boundary) Future Land Use Designation Commercial Existing Land Use Single-family residential Proposed Land Use(s) Commercial(no specific uses are proposed) Current Zoning R2 in Ada County Proposed Zoning C-C(Community Business) Lots(#and type;bldg/common) NA Phasing plan(#of phases) 2 Number of Residential Units(type 0 of units) Physical Features(waterways, The Snyder Lateral crosses the northeast corner of the site. hazards,flood plain,hillside) History CPA-09-005 (Macha Retail Plaza) Pagel B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions • CIP/IFYWP Access(Arterial/Collectors/State Access is proposed via E.Franklin Rd.,an entryway corridor and arterial H /Local)(Existin and Proposed) street,at the western boundary of the site. Proposed Road Improvements None Fire Service No comments received. Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services Connect sewer to existing main in Franklin Rd • Sewer Shed W W • Estimated Project Sewer Additional 125 gpd committed to model. ERU's • WRRF Declining Balance WRRF decline balance is 14.57 MGD. • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Water • Distance to Services Connect water to existing main in Franklin Rd • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Page 2 WAIM —PI — . — . . OWr ,k ■ _ � ,�s�■roF.i ■ a , u— MEN ■■ ■gill � .�` 111111 11+',,;== f_ 1'• - is ice■ 84 IiJ mom RANKLIN �■■■■■111`ir•�' �� '���� ■ loss ■■■O n ■■■■■■■■<<■■r//1111111�1', ■■�i� p■u■r, n� LTV :�::::�:���` �- mom r un■.■ � Ly'l�J ■+ �. ■i +� �gnu.�� �■ ■■■��± 84 B. Owner: Rudy Lindbloom,Falcon Properties—PO Box 2255,Wenatchee,WA 98801 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper O1/04/2023 Radius notification mailed to property owners within 500 feet 12/30/2022 Public hearing notice sign posted 1/7/2023 on site Nextdoor posting 12/30/2022 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Commercial on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The Commercial designation provides 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.Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The subject property is proposed to develop with two(2)commercial structures,which should be consistent with the Commercial FLUM designation. Future uses will be allowed as listed in UDC Table 11-2B-2, Allowed Uses in the Commercial Districts. 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): • "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. • "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) A 25 foot wide buffer is required for screening adjacent to the existing residential uses to the east and south, landscaped in accord with the standards listed in UDC 11-3B-9C, with development of the site. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity." (6.01.02B) Page 4 There are two (2) existing access driveways via E. Franklin Rd., an arterial street,for this site. One driveway is proposed to replace the two (2) existing driveways and a cross-access easement and driveway is proposed to the adjacent commercial property to the west for interconnectivity. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and an attached sidewalk exists along the frontage of the site adjacent to E. Franklin Rd. Water and sewer utilities will be extended to this site with development. • "Minimize noise, lighting, and odor disturbances from commercial developments to residential dwellings by enforcing City Code."(5.01.01F) Lighting on the site should comply with the standards listed in UDC 11-3A-11 so as not to disturb adjacent residential uses. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 35 foot wide street buffer will be required with development along E. Franklin Rd., an entryway corridor and arterial street, landscaped per the standards listed in UDC 11-3B-7C. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, use of the existing septic system shall cease and future structures will be required to connect to City sewer service. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 2.53-acres of land with a C-C(Community Business) zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary and contiguous to City annexed property and thus is eligible for annexation. There is an existing house and associated structures on this site that are proposed to be removed with development. There are two (2) existing driveways via Franklin Rd. A conceptual development plan was submitted as shown in Section VIII.B that demonstrates how the property is anticipated to develop with a 3,360+/-square foot(s.f.)building pad that includes a drive- through and a 12,600+/-s.f.building pad with associated parking. Specific uses and tenants are unknown at this time although a restaurant(or coffee shop)is anticipated on the building pad nearest Franklin Rd. and possibly an office on the rear portion of the property. Future uses will be allowed as listed in UDC Table 11-2B-2,Allowed Uses in the Commercial Districts,for the C-C zoning district. Professional services (i.e. office)and restaurants (i.e. coffee shop) are listed as principal permitted uses in the C-C zoning district. A drive-through establishment is required to comply with the specific use standards listed in UDC 11-4-3-11,which require approval of a conditional use permit because the use is within 300-feet of a residential use and district. Future development is subject to the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. Franklin Road is fully improved with 5-travel lanes,vertical curb, gutter and sidewalk adjacent to this site;therefore,no additional right-of-way dedication or road improvements are required with development of this property per the ACHD report in Section IX.E. Page 5 An access driveway is proposed along the west boundary of the site via E.Franklin Rd., an arterial street and entryway corridor, in alignment with N. Olson Ave. on the north side of Franklin Rd.;the existing access driveways are proposed to be closed. A cross-access easement(Inst. #2017-103145)exists to this property from the property to the west(Parcel#S 1117110550); a reciprocal cross-access easement should be granted to the property to the west(Parcel#S 1117110550)for interconnectivity and access via Franklin Road to reduce access points on the arterial street.A copy of the recorded cross- access/ingress-egress easement should be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy on the site. Staff does not recommend a shared access driveway is provided to the property to the east because of the right-turn lane on Franklin Rd.that exists in front of the property to the east. Restaurants are subject to the specific use standards listed in UDC 11-4-3-49,which requires a minimum of one(1)parking space to be provided for every 250 s.f. of gross floor area. Professional services and other non-residential uses require a minimum of one (1) off-street parking space to be provided for every 500 s.f. of gross floor area. Based on the total area of the building footprints depicted on the conceptual development plan(i.e. 15,960+/-square feet), a minimum of 64 off-street parking spaces are required to be provided on the site at the most restrictive parking standard(i.e. one space per 250 square feet); a total of 126 spaces are proposed. The concept plan states a total of 59 parking spaces are planned to be dedicated to the existing office use to the east through a cross-parking agreement,which leaves a total of 67 spaces for this site for future uses, exceeding UDC standards. With development of the site, a 35-foot wide street buffer will be required along E. Franklin Rd., an arterial street and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C,parking lot landscaping will be required per the standards listed in UDC 11-3B-8C; a 25-foot wide buffer to adjoining residential uses will be required,landscaped per the standards listed in UDC 11-3B-9C; and sidewalk is required to be installed along Franklin Rd. in the areas where the existing driveways are located in accord with UDC 11-3A-17. Conceptual building elevation photo examples were submitted,included in Section VIII.C,that demonstrate what future buildings constructed on the site may look like. Final design is required to comply with the design standards in the City's Architectural Standards Manual. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. Page 6 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map LEGAL DESCRIPTION = ' a THE ■� � Page 1 OF 1 LAND �NE GROUP November 12,2022 Project No.:121152 EXHIBIT"A" 2975 E.FRANKLIN ROAD ANNEXATION-REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of Section 17,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: Commencing atthe Northeast Corner of Section 17 of said Township 3 North,Range 1 East,(from which point the North Quarter Corner of said Section 17 bears North 89'54'33"West,2570.99 feet distant); Thence from said Northeast Corner,North 89'54'33"West,a distance of 677.51 feet on the north line of said Section 17 to the POINT OF BEGINNING; Thence South 00`05'27"West,a distance of 40.00 feet to a point on the southerly right of way line of East Franklin Road; Thence South 68'41'13"East,a distance of 85.95 feet to a paint common with the westerly boundary line of that parcel shown on Record of Survey No.3979 of Ada County Records; Thence South 38"51'31"East,a distance of 70.59 feet on said westerly boundary line to the north most corner of Lot 6,Block 1 of Greenhill Estates No.3,as same is shown on the Plat thereof recorded in Book 43 of Plats at Page 3487 of Ada County Records; Thence on the northerly boundary line of said Greenhill Estates No.3 for the following courses and distances: Thence South 48'08'56"West,a distance of 75.70 feet; Thence South 00'06'01"West,a distance of 246.20 feet; Thence North 89"53'58"West,a distance of 260.00 feet; Thence North 87'41'30"West,a distance of 0.79 feet to the southeast corner of that parcel described in Warranty Deed Instrument No.799015 of Ada County Records; Thence North 00°03'06"East,a distance of 382.73 feet on the east boundary line of said Warranty Deed parcel to a point an the southerly right of way line of East Franklin Road; Thence North 00'02'02"East,a distance of 40.00 feet to a point on the north line of said Section 17; Thence South 89°54'33"East,a distance of 192.95 feet on the north line of said Section 17 to the POINT OF BEGINNING. The above described parcel contains 2.53 acres more or less. PREPARED BY: aL 4 S� The Land Group,Inc. 96 7B84 : 11-12-2022 James R.Washburn 4f. �rE of R_Vik 462 East Shore Drive.Suite 100.Eagle.Idaho 53518 208.938.4041 Ihelandgroupinc.corn Page 7 NORTH QUARTER CORNER NORTH EAST CORNER SECTION 17 SECTION 17 T-3N.,R-1 E. T-3N-,R-1 E- CP&F INSTR.NO-104161994 E FRANKLIN ROAD CPBF INSTR-NO-2020-052068 (BASIS OF BEARING) S.$ N89°54'33'Mf 2570-99' _ { S-8 S-9 114 5.17 1700-53' 589°54'33"E 192.95' 677-51' �f S_17 S.16 4 Iw � I 2975 E FRANKLIN ROAD AREA: *2.53 AGRES (110,022 SO-FT-) ni m I CID w Line Table I� I LINE BEARING LENGTHI a co L1 SX'a27'W 40.W L2 S68'41'12'E 85.%, 0 I L1 538S1'31'E I0.S4' � 0 I L4 S48°UJl &W rs.ra' al cn LS 'J00"02'02-E AIM' N871411301,w 0.79' N89"5359% 260-00' L LAArb Tjl r ' 7880 12 a S p 1"f OF 4 t Exhibit "B,. o BO' MY Horizontal Scalc:1"= 80' Frojed No.:121152 st Dale of lssumm:1 V 112M Ft b b = ;THE 2975 E Franklin Read LAND Annexation Description =GROUP City of Meridian Page 8 B. Conceptual Development Plan Sheet Notes: C THE BLAND .GROUP —_=--_-- a=_=== - - �� — •.�17 � oros5E9 XF155 1 x ---- `� `�`, !�� . •.` \ micnt�o ro cusuxc neM \ \ 5955r115 CL Keynotes: Y •C. La R hn d so 12 fief 51 \ / I Overall Site Plan C2.00 Page 9 BuildingC. Page 10 ..._�+ � TNS A • i.. - v k r r S • �now i IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VIII.B and the provisions contained herein. b. A cross-access/ingress-egress easement shall be recorded granting access to the property to the west(Parcel#S1117110550) across the subject property for interconnectivity and access via E. Franklin Rd.A copy of the recorded access easement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy on the site. c. The design of all future structures on the site shall comply with the design standards in the City's Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Ensure no sewer services cross infiltration trenches. 1.2 Two buildings cannot run off the same sewer service line. 1.3 Cleanout must be replaced with manhole when transitioning from sewer main to service line. 1.4 Ensure manhole is not in curb or gutter. 1.5 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.) are built within the utility easement. 1.6 Provide 10'separation between fire hydrant and sewer main. 1.7 Fire hydrant is required at end of the water main dead end. If it works with fire requirements you can move the proposed hydrant at the front of the site. If not add an additional hydrant. 1.8 Existing well to be used for irrigation must not have any cross connection with potable water. 1.9 Water main, fire hydrant, and water service require a 20 easement. Extend easement 10 beyond the end of the main, fire hydrant, and water meter. 1.10 A streetlight will be required along Franklin Rd. 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-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Page 12 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. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.4 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 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 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 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. Page 13 2.15 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. 2.16 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. 2.17 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. 2.18 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 hge:#Www.meridiancity.oMlpublic_works.aspx?id=272. 2.19 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to 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. 2.20 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. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=285103&dbid=0&repo=MeridianCiiy D. DEPARTMENT OF ENVIRONMENTAL QUALITY https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=285758&dbid=0&repo=MeridianCitX E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.orglWebLink/DocView.aspx?id=285924&dbid=0&repo=MeridianCity F. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=2 8 5 789&db id=0&rep o=Meridia n City Page 14 X. FINDINGS Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Stafffinds the Applicant's request to annex the subjectproperty with a C-C zoning district and develop the site with commercial uses is consistent with the Commercial FL UM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Stafffinds the proposed map amendment to C-C and development generally complies with the purpose statement of the commercial districts in that it will provide for the retail and service needs of the community in accordance with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Stafffinds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed commerial uses should be compatible with adjacent single-family residential and commercial/office uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Stafffinds City services are available to be provided to this development. Because commercial uses are proposed, there shouldn't be any adverse impact on the school district. 5. The annexation(as applicable)is in the best interest of city. Stafffinds the proposed annexation is in the best interest of the city. Page 15