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HomeMy WebLinkAbout2023-02-02 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, February 02, 2023 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT ABSENT Commissioner Maria Lorcher Commissioner Stoddard Commissioner Andy Seal Commissioner Nathan Wheeler ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Adopted 1. Approve Minutes of the January 19, 2023 Planning and Zoning Meeting 2. Findings of Fact and Conclusions of Law for the Conditional Use Permit for Wienerschnitzel (H-2022-0074) Motion to approve made by Commissioner Wheeler, Seconded by Commissioner Lorcher Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 3. Findings of Fact and Conclusions of Law for the Conditional Use Permit for Wood Rose Apartments (H-2022-0086) Approved Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Seal Voting Yea: Commissioner Seal, Commissioner Lorcher Voting Abstaining: Commissioner Wheeler 4. Public Hearing: Variance Request from a Department Determination Concerning a Proposed Addressing Change for 2201 E. Gala St. by Orme Family and Implant Dentistry Approved to continue to February 16, 2023 Motion to continue to February 16, 2023 made by Commissioner Lorcher, Seconded by Commissioner Wheeler Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler 5. 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. Approved to continue to March 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 March 2, 2023, made by Commissioner Wheeler, Seconded by Commissioner Lorcher Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler 6. Public Hearing for Newkirk Neighborhood (H-2022-0088) by Conger Group, located at 4250 W. Franklin Rd. Approved to continue to February 16, 2023 A. Request: Annexation of 23.67 acres of land with a TN-R (Traditional Neighborhood Residential) zoning district. B. Request: Preliminary Plat consisting of 63 building lots and 8 common/other lots on 21.11 acres of land in the TN-R zoning district Motion to continue to February 16, 2023, made by Commissioner Lorcher, Seconded by Commissioner Wheeler Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler 7. Public Hearing for Noodles and Company at Ten Mile (H-2022-0087) by Chipman Design Architecture, Inc., located at 3103 W. Milano Dr., near the northeast corner of N. Ten Mile Rd and W. McMillan Rd. Approved to continue to March 16, 2023 A. Request: Conditional Use Permit for a new approximate 2,200 square foot quick serve restaurant with a drive-through, located within 300 feet of an existing drive-through facility, residential district and existing residence Motion to continue to March 16, 2023, made by Commissioner Wheeler, Seconded by Commissioner Lorcher Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler 8. Public Hearing for Rackham East Annexation and Rezone (H-2022-0085) by Brighton Development, Inc., Annexation located at 1032 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle Rd. and Rezone located at 1074 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle. Rd. Approved to continue to March 2, 2023 A. Request: Annexation of a sliver of property currently zoned RUT in Ada County as part of the overall Eagle View Landing project on 0.143 acres of land with a C-G zoning designation B. Request: Rezone of 3.938 acres of land from the C-G zoning district to the R- 40 zoning district for the multi-family portion of the project previously platted as Lots 18-19, Block 1 of Rackham East Subdivision Motion to continue to March 2, 2023, made by Commissioner Lorcher Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler 9. Public Hearing for ESI Office Building CUP H-2023-0002 by BVA Developoment, located at 1044 S. Silverstone Way, South of 84 halfway between Eagle Rd. and Cloverdale Rd. Approved A. Request: Conditional Use Permit to exceed the maximum building height listed in UDC 11-2B-3A.3 of 65 feet for the C-G zoning district to allow an average elevation of 84 feet with screen walls extending 97 feet above grade. Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Seal Voting Yea: Commissioner Seal, Commissioner Lorcher Voting Nay: Commissioner Wheeler DEPARTMENT REPORTS 10. Staff Report Format Discussion ADJOURNMENT 8:05 P.M. Meridian Planning and Zoning Meeting February 2, 2023. Meeting of the Meridian Planning and Zoning Commission of February 2, 2023, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher and Commissioner Nate Wheeler. Members Absent: Commissioner Mandi Stoddard. Others Present: Joy Hall, Kurt Starman, Bill Parsons, Stacy Hersh, Caleb Hood, Brian McClure, Mercedes Amador, Seth Oaks and Dean Willis. ROLL-CALL ATTENDANCE X Nate Wheeler X Maria Lorcher Mandi Stoddard (Vacant) (Vacant) (Vacant) X Andrew Seal - Chairman Seal: Good evening. Welcome to the Planning and Zoning Commission meeting for February 2nd, 2023. At this time I would like to call the meeting to order. The Commissioners who are present for this evening -- evening's meeting are at City Hall -- and now we are being officially recorded. We also have staff from the city attorney and clerk's offices, as well as city planning department. If you are joining us on Zoom this evening we can see that you are here. You may observe the meeting, however, your ability to be seen on screen or speak will be muted. During the public testimony portion of the meeting you 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 let's begin with the roll call. Madam Clerk. ADOPTION OF AGENDA Seal: All right. The first option -- or, sorry, the first item on the agenda is the adoption of the agenda. We have got four applications this evening, Artisan Victory Market, H-2022- 0066; Newkirk Neighborhood, H-2022-0088; Noodles and Company, H-2022-0087; and Rackham Estates, H-2022-0085. They will be opened for the sole purpose of continuing to a regularly scheduled meeting. So, they will open for only that purpose. So, if there is anybody here tonight to testify for those applications we will not be taking testimony on them this evening. Can I get a motion to adopt the agenda as presented? Meridian Planning&Zoning Commission February 2,2023 Page 2 of 41 Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to adopt the agenda. All in favor say aye. None opposed. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the January 19, 2023 Planning and Zoning Meeting 2. Findings of Fact and Conclusions of Law for the Conditional Use Permit for Wienerschnitzel (H-2022-0074) Seal: Next item on the agenda is the Consent Agenda and we have two items on the Consent Agenda. First is to approve the minutes of the meeting of -- minutes of the January 19, 2023, Planning and Zoning Commission meeting and Finding of Facts, Conclusions of Law for the conditional use permit for Wienerschnitzel, file number H- 2022-0074. Can I get a motion to accept the Consent Agenda as presented? Wheeler: So moved. Lorcher: Second. Seal: It's been moved and seconded to approve the Consent Agenda. All in favor, please, say aye. None opposed. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: Okay. At this time I would like to explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to the Comprehensive Plan and Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. After the applicant has 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 presentation to the -- for the meeting it will be displayed on the screen and you can run the presentation. If we have established that you are speaking Meridian Planning&Zoning Commission February 2,2023 Page 3 of 41 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 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 can come forward in Chambers or on Zoom press the raise hand button. If you are listening on a phone, please, press star nine and wait for your name to be called. If you are listening on multiple devices, such as a computer and a phone, please, be sure to mute those extra devices, so we do not experience feedback and we can hear you clearly. When you are finished if the Commission does not have any questions for you you will return to your seat in Chambers or be muted on Zoom and you will no longer have the ability to speak. Please remember we will generally not call on you a second time. After all testimony has been heard the applicant will be given another ten minutes to come back and respond. When the applicant has finished responding to questions or 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 3. Findings of Fact and Conclusions of Law for the Conditional Use Permit for Wood Rose Apartments (H-2022-0086) Seal: So, at this time I would like to open the public hearing for Findings of Fact and Conclusions of Law for the conditional use permit for Wood Rose Apartments. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: I am an employee of Wood Rose Apartments and so I will recuse myself as -- and I will just step in that room for just a bit. Seal: All right. Thank you very much. Starman: And, Mr. Chairman, just for clarification, it is not a public hearing, just for your action tonight. So, no public hearing required. Seal: Okay. Thank you for the clarification. Appreciate that. So, can I get a motion to accept the Findings of Fact, Conclusions of Law for conditional use permit for Wood Rose Apartments, file number H-2022-0086? Lorcher: So moved. Do I second it as well? Seal: I think I have to second it. It's been moved and seconded to approve Findings of Fact, Conclusions of Law, for conditional use permit for Wood Rose Apartments, file number H-2022-0086. All in favor say aye. That passes. MOTION CARRIED: TWO AYES. ONE RECUSE. ONE ABSENT. Meridian Planning&Zoning Commission February 2,2023 Page 4 of 41 Seal: Thank you very much, sir. Wheeler: Just real quickly here. I said actually employee of Wood Rose. I'm an employee of the housing company, which is -- which is developing the Wood Rose Apartments. 4. Public Hearing: Variance Request from a Department Determination Concerning a Proposed Addressing Change for 2201 E. Gala St. by Orme Family and Implant Dentistry Seal: Okay. Thank you for that clarification. Appreciate it. So, second item of business is the variance request from a department determination concerning a proposed addressing change for 2201 East Gala by the Orme Family and Implant Dentistry and we will let staff lead with that. Amador: Mr. Chair, Members of the Commission, I'm going to give you a quick summary and a timeline of events. On December 14th of 2022 1 received an e-mail from Ada county stating that a request was filed for 2201 East Gala Street. I requested a floor plan from the applicant showing the occupants' entrances, exits to the building. After reviewing the site plan and considering the request for two separate suite numbers to be assigned to one tenant space, it was determined that there was no separating wall or any kind of distinct separation between the two businesses to be located at 2201 East Gala. On January 3rd of 2023 we sent out an official letter of denial to Dr. Orme via e-mail and USPS with further instructions on the variance process. The department has determined that the request must be denied due to City Code Section 827-E-2B when multi-tenants are co-located in a commercial building there shall be a single address assigned. Suite numbers shall be assigned to each tenant space in accordance with this section. Addressing is based on one key factor and it's to ensure that emergency services can effectively and efficiently locate a suite or a building. Our Deputy Fire Chief Joe Bongiorno agrees with this denial, stating that an emergency suite will make it -- or excuse me. An emergency -- imaginary suite will make it difficult for fire and EMS and police department to respond. Seal: Okay. Thank you very much. Would the applicant like to come forward? Good evening, sir. If you can give us your name and address for the record and the floor is yours. Orme: Hi. Good evening. My name is Aaron Orme. I am the owner at 2201 East Gala Street. I'm here tonight to speak to you -- actually, let me introduce first -- I'm here with Tricia Bundy. She is our insurance coordinator and Sean Wasden. He represents the other business at our location. I have been there since 2017 and we have had very few issues with our insurance with them billing -- or with them paying and allowing us to be in network for the last six years until recently, the last six months or so they are -- they are giving us all sorts of problems because there are two businesses in one location. So, we have requested for a Suite A and a Suite B, which is common in a lot of locations, Meridian Planning&Zoning Commission February 2,2023 Page 5 of 41 especially in dental, because we have a huge office space, it's about 7,000 square feet, 5,000 on the main and about 2,000 in the basement, and it doesn't make sense to just have one dentist there. We -- we have divided that about six years ago into two businesses. Excuse me. And, anyways, we would love to -- I will have Tricia Bundy come talk to you about the reasons specifically we are having a really difficult time moving forward due to the insurance company's stopping payments -- or stopping reimbursing because of our competing businesses. Seal: Okay. Good evening. Need your name and address for the record as well, please. Bundy: I'm Tricia Bundy at 2773 North Rock Cliffs in Kuna, Idaho. But I do work at 2201 East Gala Street and you guys should have copies of what I sent over and just in the last six months we have had two issues when our company -- or when Orme Family Implant Dentistry has been brought up by an insurance company on an address and it has been linked to the other office and because of that one of the issues -- if you look at the Careington fees -- the Careington fee page that I sent -- so, what happened is we ended up on a list with their group according to address that had -- that were listed on the Careington insurance and because of that -- and we are not part of their group, we ended up being canceled and that's the letter there that shows the list that Careington gave them with everyone who was credentialed at that address and there just happened to be one - - one that they were like, well, they are not part of our group, so we were canceled. And if you look at the last page it shows how insurances work. Sometimes there is a balloon insurance company and Careington is one of those. They have 87 insurance companies that fall under the umbrella Careington B Guide. So, when we were dropped we had the potential of losing in network status was 87 and we since have rectified that, but there is one insurance company that would not allow us back on that fee guide and it was Humana and now we are getting a lower fee guide just from the mistake of the Careington giving information according to address, instead of business. Or an EIN number. And, then, if you look at the Aetna, this one is the most recent. We became out of network on 11/15 of 2022 for the same reason. There was other -- so, the fee guide that we had with them was under another umbrella. It was a guardian fee guide. And because our address there was direct -- there was dental providers that were a direct contract with them, instead of using an umbrella fee guide, so we were knocked out of network and the only way to get back in that network is to be directly credentialed with them and not using the umbrella. However, their direct contract is really bad. It's 75 percent less than our office fees and the Guardian network it's even 30 percent less than them. So, the Guardian fee guide that we used was already obviously lower than our office fees, but it's even lower. So -- and being not in network -- when you are out of network your are not on the list for people to see that you are in network to come there. So, due to these changes people do not see that we are accepting new patients or that we are a provider, so we lose money that way as well. Seal: Thank you. Bundy: Yep. Seal: Sir, name and address. Meridian Planning&Zoning Commission February 2,2023 Page 6 of 41 Wasden: Thank you. My name is Sean Wasden. My address is 2014 West Silver Creek Drive in Nampa, Idaho. 83686. I'm the operations manager for the second dental office at that location at 2201 East Gala and we have been a -- in existence and co-residing with Orme Family Dental for the last several years and we have appreciated our business relationship very much and our practices have been growing. I very much appreciate the information that Ms. Bundy shared with you and we have been experiencing all of these same issues and, then, what we do is we have many man hours wrapped up in both of our businesses trying to petition the insurances to, please, allow us both to -- to be in network. I think there are a couple of things that I would like to share about that and that is it not only hurts us as a business, but each of our practices serves thousands of members of our community and what that can do is when we are out of network it also makes it so that some of those fees are higher for our patients and our residents of the city and so it has a multi-negative effect. We recognize the decision previously about not giving us two suite numbers and while we hold emergency services in high regard, we also believe that if there could be an allowance made in this situation where if they went to Suite A or a Suite B we would, obviously, let -- you know, let them in, because we -- we reside at the same physical facility and what we are trying to do is be able to protect our business, help our patients and the members of our community, and also, you know, be -- be safe. Thank you. Seal: Thank you. Have questions? Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go right ahead. Lorcher: So, I just kind of want to repeat back, because I read all the information, but I like to repeat back just to make sure I have it clear in my head. You have two separate practices. You have -- but you are in the same physical building with the same physical space. There is no wall that divides your two businesses. So, you are on the west side and you are on the east side. And so what you are telling me is that six years ago when you all started everything was fine, but now insurance companies are saying we recognize only one of your businesses at the address, not the other, and they are canceling each other out; is that correct? And so when you say, no, that's a mistake, they are saying now you are ineligible to be put back on that business; is that correct? Wasden: At some of the professional conferences that I have been to recently they talked about some of the insurances and some of the internal audits that they go through and what they are trying to do is avoid fraud; right? So, they you don't have these fictitious businesses that are billing out for services to them or to Medicaid or, you know, different -- different insurances or plans and so just -- I don't know if it's an internal algorithm that they have that they just automatically will match the same address and so, then, they can be, you know, flagged as a warning. Like Ms. Bundy said, several of these insurances have been -- once we explain it they will kind of -- they will work with us to figure out something, but there have been several that have not and we expect that more of these Meridian Planning&Zoning Commission February 2,2023 Page 7 of 41 in the future will have the same things as these insurance companies are trying to omit fraud out of their network. Lorcher: Even though you have separate EIN numbers and separate ownership and separate filings with the Secretary of State and all that kind of thing? Wasden: Yeah. We have -- we have absolutely gone through all that with them, yes. That's correct. Lorcher: And do either of you have P.O. boxes that you have been able to kind of differentiate the businesses with? Wasden: Oh. No. No. Lorcher: Okay. All right. Thank you. Seal: Well, that -- that will -- I was going to say you kind of covered what I was going to ask, which is a P.O. box and I don't know if that's -- I guess a question for staff or anybody, basically, would a P.O. box solve this? Amador: No. Unfortunately, P.O. boxes are recognized by the mail office when we put them into our system. So, the post office pulls from our system and those are the addresses that they have for the city. Seal: Okay. Thank you. Question for the applicant, too. If one of you -- or all of you want to stay up here we will probably have more questions on this as it comes through, so -- do you -- do the two businesses share staff as far as the entrance? I mean is there one desk and, then, two businesses or is there two desk, two businesses? How does that work? Orme: Yeah. There is -- so, you walk through one front door and there are two front desk areas. So, there is a computer set up at one station for one business and, then, you go through a door and that gets you to the front desk area for the second business. We do not share staff, so -- Lorcher- And how many other doors are there in the business? You can only go in and out of that one door? Is that why the fire chief is concerned? Orme: Well, the public entrance -- you can see there is the -- the two red entries -- yes, right there with the mouse -- that lead through the one main door. The green coloring -- there is for the front desk for Mountain View Point Dental and, then, the yellow front desk is Orme Family. Wheeler: Mr. Chair. Seal: Go right ahead. Meridian Planning&Zoning Commission February 2,2023 Page 8 of 41 Wheeler: So, this is all on one level; right? The 2,000 that's in the basement is not being used, except for probably just record retention or whatever; right? Orme: Right. Mechanical room. Storage. You know, washer, dryer. Wheeler: Okay. And, then, another thing is where does Suite A and Suite B be marked on here, in case there was a -- you know, a fire or emergency services, something, here, hey, come to Suite B -- Orme: We actually had emergency services come to our office. We had a medical emergency. It's probably been three or four years ago. And it was on our side the -- the three -- sorry -- the five green operatories are Mountain View Point Dental and, then, the five yellow operatories are ours and we had one in operatory seven, I believe, and, you know, we directed emergency medical services right through. I mean they -- they generally don't know where they are going without direction anyways, so they came through -- we -- we made the phone call. Orme Family Dentistry made the phone call and we met them out in front of the building and we directed them, you know, through the hallways -- through the back door, through the hallways, and we didn't have an incident with it. Wheeler: Yes, please. Wasden: One thing that had been discussed is -- if you see the two orange doors at the bottom of the page, if one could be Suite A and the other one possibly be Suite B, that -- that would maybe solve the issue. Wheeler: Continuing on this is -- would there ever -- do you ever see a time when some sort of emergency would only affect Suite B and not Suite A? Orme: In what regards? What type of emergency? Wheeler: Name it. I mean just any sort of a fire -- Orme: Fire is the biggest -- Wheeler: Or break-in, something like that. Wasden: Just my personal and professional opinion is, no, given that the space is all connected. So, if it were at one it would go into the other. Wheeler: Okay. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Meridian Planning&Zoning Commission February 2,2023 Page 9 of 41 Lorcher: So, are you absolutely convinced that if you have 2201 East Gala, Suite A, and 2201 East Gala, Suite B, that would be enough distinction for the insurance companies to be able to change your insurance? That seems like a very small considerate -- you know, a small designation. Wasden: In my professional experience that that would be the case, yeah. They -- I really think this is more of an internal audit issue and what they do is they just inadvertently match all of our addresses together as being under one location and one business, even though we have different tax ID numbers, insurance policies, information with Secretary of State, as discussed previously. They just -- for whatever reason their systems require two separate addresses. Lorcher: Okay. So, you are just -- you are still -- you are still wanting 2201 East Gala, but the only distinction would be Suite A and Suite B, and, then, the objection from the county or the city is because of emergency services; is that correct? Oaks: Chair, Commissioners, that -- Lorcher: Or is there more to it than that? Oaks: That's correct. I -- if I might add a couple items. First of all, I'm Seth Oaks, land development supervisor. This is Mercedes Amador. She was the one that presented earlier for you. I think one -- one of the things that I believe Dr. Orme stated when he replied was that this is something that happened -- that -- that's -- that is prevalent. We have a lot of situations like that. We are not aware of any that are -- have this same situation where there is two businesses with no separating walls that have suites. So, if -- we also discussed this with fire. They are unaware of any. So, we are worried about precedent being set with this, that it may end up being something where we get a lot of these types of requests, but the variance code was handed to you beforehand and I have a copy and I don't know if the applicant has a copy, but we have extra copies. And the findings that are required -- one of the findings that are required to be met, which is in Section A-211 down in the letter E, I believe -- Wheeler: Give the address again, please, if that's okay. What you are talking about. A- 211? Oaks: A-211, variance and appeals. It says -- it's D, actually. That the variance requested will not adversely affect the health, safety and welfare of the community, including the accurate dispatch of emergency vehicles or delivery of emergency services. While fire is not here today, our discussions with them and their communication with us, they believe that it will affect emergency services. Lorcher: Can I ask another? Seal: Absolutely. Meridian Planning&Zoning Commission February 2,2023 Page 10 of 41 Lorcher: So, if the -- okay. What could the applicant do to be in compliance? Build a wall? Oaks: Correct. They could apply for a building permit, TI, and build a wall that separates the two businesses. Lorcher: How big? Could it just be in the vestibule? Amador: It does need to separate the two businesses throughout the entire building. Orme: Are we allowed to ask questions? Seal: At this point go ahead. You will need to -- yeah. You need to talk right into the microphone, please. Orme: Yeah. It -- can you specify in -- in what regards the fire department would have concerns with entering a building with two separate suites that don't have a wall between them? Oaks: So, again, I'm speaking for them and just my conversations with them and what Deputy Chief Joe Bongiorno communicated to us was that when they -- when they get a call, not knowing what time of day, when it is and they are told, you know, Suite A or Suite B or whatever -- whatever it may be and also not having a precedent of businesses like this, they are showing up to a building and they are expecting to see it a certain way with the separating walls and separate units and when you don't have that, you know, time is a factor is my understanding and so, you know, there is the concern there that they are not going to be able to find where they are going. Lorcher: Do you own the building or do you rent it? Orme: Yes. I'm the owner. Lorcher: You are the actual owner of the physical building and so you own the land? Orme: Correct. Lorcher: And, then, you rent from him. Seal: I guess my question is how difficult would it be to come into compliance on this? And -- and I -- I mean understand that common sense kind of says, well, when they show up and the building is on fire, you know-- but that's probably not what we are talking about here and I mean if we have got information from the county and from the fire department saying we -- we highly -- you know, we recommend that this is denied and here is the reasoning behind it and here is how to come in compliance, it's kind of difficult to not ask for compliance, simply because if it does set a precedent -- and I in no way, shape, or Meridian Planning&Zoning Commission February 2,2023 Page 11 of 41 form think that you guys are trying to sneak something in here, it's just a matter of trying to deal with, you know, the ever changing field of-- of insurance companies and how they try to not pay, which we have all had to deal with and -- you know, in our own right. That said, for every business that, you know, is not trying to take advantage of a situation there is going to be ten more that do. So, you know, that's kind of -- that's the turmoil here, you know. I mean I would hate to see something like this -- especially if the cost is a burden, you know, force you to leave the Meridian area, for instance. You know, I would hate to see something like that happen. That said, we do have code in place for reasons and if it's been expressed from the county and the fire -- and the fire department that they have reasoning behind that, I tend to try to support that. So -- and they have given a path as far as how to come in compliance with it. So -- so, to me, I -- again, I guess, you know, what if -- if the decision to agree with a denial and push that forward comes out, I mean what -- what are the plans -- what are your plans, basically, at that point? Orme: So, doing a remodel -- I mean we are talking probably shutting down operations and completely changing the internal walls. We share -- the blue areas that you see on there, we share sterilization, we share -- share an x-ray room, we share a laboratory, we share a staff area and so -- and, obviously, we share the front waiting reception area. So, you know, creating two separate distinct businesses with two physical barriers between them, you know, I don't think that's feasible. What would we do if you deny this? I mean we would lose a lot of patients and a lot of money and it -- or -- or even worse than that, you know, we -- we would have to be out of network and it would be more expensive for those who do choose to come to us with those insurances. So, you know, Sean, maybe you know more about that. Wasden: Yeah. I'm sorry. So, we recently went through some tenant improvements on one of our other practices and it was about 80,000 dollars and that was without structural movement of walls. So, I -- if I were going to guess, which that's -- that's all I can do at this point, is trying to find a -- a spot inside of the physical space to now, then, create a barrier would really inhibit our businesses being able to be together in that individual space due to the fact that we do have shared sterilization and other, you know, parts of the facility and the cost to do so I would imagine is somewhere between a hundred and two hundred thousand dollars. So, that -- that's quite a burden on each business itself. Or we would have to try and push that burden -- that financial burden to the patient, like was designated, which we don't want to do and would hurt our businesses in the long term. Wheeler: Mr. Chair? Seal: Yeah. Go ahead. Wheeler: There is a lot of businesses that they will use like similar stuff, whether it be lounge areas, you know, lab areas, things like that. That happens a lot. So, the blue areas and the -- and the -- even the record keeping get shared a lot in a lot of these spaces. It sounds like there would just have to be some sort of dividing wall in one way or another. And on -- as I see where the green and the yellow up at the very top there Meridian Planning&Zoning Commission February 2,2023 Page 12 of 41 connect, is there any way possible to just run a wall that runs right where that pointer is at, down and just connect into that pony wall that's there and probably some sort of, you know, partition and just on one side be A, one side be B. Wasden: That -- that would be possible to do. My concern is it's still the open area there on the -- on that south -- south side of the building there out in front of where the yellow operatories are. So, if there is a way to be able to do that in some fashion and -- -- and still make it, you know -- if that's just not a delineation through the entire building and don't know if that's -- Wheeler: I'm talking about just T'ing into that wall, bringing it over, but maybe having that being some glass wall, so -- I mean glazing is expensive, though, too, but something like that and, then, having some sign that says Suite A this way, Suite B this way that's on the wall -- or on the ground. I mean to me I'm -- personally I'm comfortable with seeing shared use space, because that happens a lot. Restaurants do it. Office spaces do it. Medical offices do it a lot. But if the code is requiring some sort of delineation, some sort of demarcation saying this is where A begins and ends and this where B begins and ends, then, it's really hard to try to -- to not comply with that.- It's really hard. But I also want to make sure that people that offer such services like this that are greatly needed in a growing community, to go on like what Commissioner Lorcher has and -- and -- and Chairman -- all of us -- sorry, this is my fault here. Seal: Okay. Wheeler: -- Seal have and we are wanting to make sure that we can keep the people that are wanting to help out the citizens and make Meridian a great place. So, I'm just trying to figure out a cheap way, win-win. Orme: Would that meet the criteria for the fire department? I guess that would be the question. Oaks: Yeah. I was going to respond to that, Commissioner Wheeler. I don't believe the way that you were describing the partitions would be enough to satisfy it being called suites -- to separate them into suites. What we consider a separating wall would be to have two separate entrances -- so, they have two doors, so they would have a separate entrance into one suite from the outside door and a separate entrance into the other suite from the outside door. And one other thing I want -- I forgot to mention about -- and not to just belabor the emergency services point, but the city does receive mutual aid from services outside of the city, too. So, it's one thing to consider that, you know, if there is a call that comes in and -- of mutual aid local comes through and is looking for that and they are not used to seeing that as well, that's something that -- that the emergency personnel wanted to point out. Wheeler: Staff, I got a question -- is it okay, Mr. Chair? Seal: Absolutely. Meridian Planning&Zoning Commission February 2,2023 Page 13 of 41 Wheeler: Staff-- but, similarly, I mean here in Meridian, right, there are ophthalmologists, there are dentists, there are dermatologists that share joint reception areas for individual doctors that rent out multiple rooms in areas. So, to have a joint reception area to me isn't even that big of an issue, because that's what's -- that's what's going to be there. But to make some sort of noticeable demarcation like that that would allow Suite A, Suite B, some sort of movement, some sort of way that if somebody was to walk in they could walk through and see that. Another thing I think that could go with a nonload-bearing wall is if you come down over there by the reception desk and you just go straight up north of there, if the cursor would be nice to try to follow me just a little bit there, if you go up from there you can see another little spot where you can just go left to right and make just a nonload-bearing wall and the same way over to the left and -- and just mark those off, I don't know if that would suffice what -- or satisfy what code is requiring, but I see, again, just joint -- joint spaces aren't -- aren't a problem, it sounds like it has to do with the divisibility of-- of the space itself, so that there is a clear indication where A and B begin. Seal: Quick question for the applicant. Have you had any direct communication with the fire department, emergency services, or anyone concerning this? Orme: I believe through the e-mail. Only the response we got back through our application. Nothing besides that. Seal: Okay. I appreciate that. I mean I will throw something out there and, generally, we kind of -- you know, we do this for kind of land use stuff, but a continuance is something that is an option here. So, personally what I would like to see happen is you get a chance to talk directly with the fire department, see what their concerns are. Talk to city staff, see what it would take specifically in order to make this in compliance, because, again, if we start to cut up the building -- and I'm looking at the exit in the back of the building, you are going to have to have another exit. There is -- there is other things that are going to go along with this that we are not going to resolve -- I'm not going to resolve. I'm not an architect and I'm definitely not a dentist. So, you know, I understand there is things that are way beyond my comprehension here that are happening. But I would like to see -- I would like to give an opportunity to have a continuance on this hearing, so that those things can happen and I will leave that up to you and staff to actually have kind of in- person meetings and to coordinate that. You know, I do -- I do sympathize for having to deal with insurance companies. So, I have had to deal with one of them on your list before in not such a great manner. So, I do sympathize for that. But at the same time I do try to support, you know, our -- you know, our city staff and, you know, the fire department when they come in with good reasoning. So, I would like to see an opportunity for you guys to get together and hash this out a little bit more, see what it would actually take in order to accomplish, you know, coming into compliance or how that might happen otherwise. If that's amenable to all of you. Orme: Absolutely. Yeah. Seal: And, Bill, I will ask you at this point how -- how long do you think we should have a continuance on this in order to make something like that happen? Meridian Planning&Zoning Commission February 2,2023 Page 14 of 41 Parsons: Mr. Chair, Members of the Commission, it's not -- not really planning's call, this is more of a -- turning it over to the -- the experts in the field. So, if they think they can get in front of Joe Bongiorno and come back at the next hearing -- I would imagine two weeks or a month would be plenty of time to get that figured out. Oaks: I agree. I think we can schedule a meeting and, then, get fire and us in the same room and -- and talk about it. Seal: Is that something that can happen in the next two weeks or do we want to maybe go a little further than that? And I mean, you know, time is of the essence, obviously. I mean billing is going to happen regardless, but at the same time I want to make sure it's not something that's rushed. Oaks: Yeah. I can't speak for Joe, obviously, but for us we can definitely make a meeting happen. So, it's just a matter of us getting in touch with -- with fire and -- and seeing if they can get together. Seal: Okay. And, then, if--just from my perspective, if you can include the planning staff in this to make sure that, you know, we know how things are going to be divvied up and how that's going to meet code that would be great, too. Oaks: Absolutely. Seal: Okay. So, for right now, Madam Clerk, do we have anybody signed up to testify - - give public testimony? Hall- No, we do not. Seal: Is there anybody in the audience that would like to testify? Please raise your hand. That is nobody. So, at this point what we will probably do is we are -- we will -- if it's -- if it's something that's amenable to the applicant, we would like to request a continuance. Okay. So, with that I will take a motion on this and if you guys would like you can go ahead and sit down and we will -- we will leave it up to you and the city staff to plan that out. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go right ahead. Lorcher: Move to close the public hearing. Seal: Actually, we have to leave the public hearing open to do a continuance, so we are right in the right spot. Lorcher: We do? Meridian Planning&Zoning Commission February 2,2023 Page 15 of 41 Seal: Yes. Lorcher: So, we need a motion to do a continuance; is that what you are saying? Seal: Correct. Starman: Mr. Chair, just to add -- so, that's exactly right. Number one. Number two is if any of the other Commissioners want to comment before you move on from this topic now would be a good time to do that. If others have thoughts or direction for staff or the applicant that's certainly fair game. But the chairman is correct, when you come to the right point in time, whether that's now or two minutes from now, the motion would be to continue it to a date certain -- it sounded like perhaps February 16th. Seal: Any comments? Wheeler: I just would like to make sure that as -- as staff works on this and looks at the floor plan and stuff, that they just keep in mind the cost for what it's going to take to remodel and -- and make -- you know, make the two suites that need to be done. Seal: Okay. Want to take a crack at the motion? Lorcher: Do we have a file number? Seal: We do not have a file number, but I think if you read it in completion that is enough. Lorcher: All right. With that said, Mr. Chair, I request we continue the variance request from the department determining -- concerning the proposed address change for 2201 East Gala by Orme -- Orme Family and Implant Dentistry for the meeting date of February 16th. Wheeler: Second. Seal: It's been moved and seconded to continue variance request from a department determination concerning a proposed address change for 2201 East Gala Street by Orme Family and Implant Dentistry to the date of February 16, 2023. All in favor, please, say aye. None opposed. Motion carries. Thank you very much. MOTION CARRIED: THREE AYES. ONE ABSENT. 5. 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. 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 Meridian Planning&Zoning Commission February 2,2023 Page 16 of 41 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: All right. So, it was the night of continuances. Okay. So, I would like to open file number H-2022-0066, Artisan Victory Market, and it's for continuation only. So, can I get a motion to continue file number H-2022-0066 for Artisan Victory Market to the date of March 3rd -- or, sorry, March 2nd, 2023. Wheeler: So moved. Lorcher: Second. Seal: It's been moved and seconded to continue file number H-2022-0066 to the date of March 2nd, 2023. All in favor, please, say aye. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Lorcher: Until March 2nd. 6. Public Hearing for Newkirk Neighborhood (H-2022-0088) by Conger Group, located at 4250 W. Franklin Rd. A. Request: Annexation of 23.67 acres of land with a TN-R (Traditional Neighborhood Residential) zoning district. B. Request: Preliminary Plat consisting of 63 building lots and 8 common/other lots on 21.11 acres of land in the TN-R zoning district Seal: Until March 2nd. Sorry. Continuances happen. They -- there was an issue with something, so that is one of the things that can happen with it. Okay. Open file number H-2022-0088, Newkirk Neighborhood. Can I get a motion to continue file number H-2022- 0088 to the date of February 16th, 2023? Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to continue file number H-2022-0088 to the date of February 16th, 2023. All in favor, please, say aye. No opposed. Motion carries.- That is continued. Meridian Planning&Zoning Commission February 2,2023 Page 17 of 41 MOTION CARRIED: THREE AYES. ONE ABSENT. 7. Public Hearing for Noodles and Company at Ten Mile (H-2022-0087) by Chipman Design Architecture, Inc., located at 3103 W. Milano Dr., near the northeast corner of N. Ten Mile Rd and W. McMillan Rd. A. Request: Conditional Use Permit for a new approximate 2,200 square foot quick serve restaurant with a drive-through, located within 300 feet of an existing drive-through facility, residential district and existing residence Seal: We will now open file number H-2022-0087, Noodles Company at Ten Mile. Can I get a motion to continue file number H-2022-0087 to the date of March 16th, 2023? Wheeler: So moved. Lorcher: Second. Seal: It's been moved and seconded to continue file H-2022-0087 to the date of March 16, 2023. All in favor say aye. No opposed. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. 8. Public Hearing for Rackham East Annexation and Rezone (H-2022- 0085) by Brighton Development, Inc., Annexation located at 1032 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle Rd. and Rezone located at 1074 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle. Rd. A. Request: Annexation of a sliver of property currently zoned RUT in Ada County as part of the overall Eagle View Landing project on 0.143 acres of land with a C-G zoning designation B. Request: Rezone of 3.938 acres of land from the C-G zoning district to the R40 zoning district for the multi-family portion of the project previously platted as Lots 18-19, Block 1 of Rackham East Subdivision Seal: We will open file number H-2022-0085 For Rackham East Annexation and Rezone. Can I get a motion to continue file number H-2022-0085 to the date of March 2nd, 2023? Lorcher: So moved. Wheeler: Second. Meridian Planning&Zoning Commission February 2,2023 Page 18 of 41 Seal: It's been moved and seconded to continue -- continue file number H-2022-0085 to the date of March 2nd, 2023. All in favor, please, say aye. No opposed. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. 8. Public Hearing for ESI Office Building CUP H-2023-0002 by BVA Development, located at 1044 S. Silverstone Way, South of 84 halfway between Eagle Rd. and Cloverdale Rd. A. Request: Conditional Use Permit to exceed the maximum building height listed in UDC 11-2B-3A.3 of 65 feet for the C-G zoning district to allow an average elevation of 84 feet with screen walls extending 97 feet above grade. Seal: I feel like the guy that reads the insurance small print. Okay. We will open file number H-2023-0002 for ESI Office Building CUP and we will begin with the staff report. Hersh: Good evening, Mr. Chair and Commissioners. The applicant is here to present their project for the ESI Office Building, which they submitted a conditional use permit for. The site consists of 6.3 acres of land, zoned C-G, located at 1044 South Silverstone Way. The history on the property was that it was annexed, there is a preliminary plat, a conditional use permit, alternative compliance and a development agreement 2022- 02633. A right-of-way vacation that was approved. A property boundary that was approved on this subject property and the ESI Office Building certificate of zoning compliance, design review, and alternative compliance under record A-2022-0118. The Comprehensive Plan FLUM designation is mixed use regional and the summary of the request is the applicant submitted a conditional use permit -- is requested to exceed the maximum building height listed in the UDC under 11-2B-3A3 of 65 feet for the C-G zoning district to allow an average elevation of 84 feet with screen walls extending to 97 feet. The original design of -- was a 74 foot tall five story 145,000 square foot office building with 370 new parking stalls that was approved with the original CZC and design review and alternative compliance and to obtain this alternative compliance through UDC 11-213- 3A3 to add additional height, a minimum of ten percent of the building's square footage open space was required and 15,346 square feet was provided as courtyards and usable outdoor space for this project. The open space that was approved with this CZC and alternative compliance will remain with this application. The applicant is proposing the office building number four at Eagleview Landing to be six stories, with approximately 20,000 -- 29,000 square feet of floor space per floor totaling 174,000 square feet overall. The applicant believes that the proposed height is compatible with other uses in the vicinity. Building number five is adjacent to building number four to the east, which has an overall height of 74 feet with screen walls extending to 87 feet above grade. TopGolf is located directly to the west with poles and nets that extend approximately 156 feet in height above grade. The building footprint will remain intact and as approved by the CZC. The only addition is that the sixth floor will be added. The proposed modifications to the square footage of the building require 348 parking stalls per UDC 11-3C-6 and 372 stalls are provided. Staff believes this is an appropriate location for a building of this height, Meridian Planning&Zoning Commission February 2,2023 Page 19 of 41 since it is adjacent to the freeway and located near other employment and entertainment uses. And I just wanted to note that fire did say that they wanted a secondary access and if you see on the site plan there is one -- or I guess the map there is a secondary access provided by the Rolling Hills Drive, which is only fire -- a fire access. Staff recommends approval of the conditional use permit with the conditions noted in the staff report and there was no written testimony for this application. And that concludes the presentation. Seal: Okay. Thank you very much. Would the applicant like come forward? Good evening, sir. Just your name and address for the record, please. Peterson: Yeah. Good evening. My name is Tonn Peterson. The address is 1144 South Silverstone Way, which is Suite 510, in Meridian, Idaho. And I am the chief development officer and legal counsel for BVA. I don't have much -- much to add. We appreciate staff's very thorough diving into this and we agree with both the conditions and -- and their recommendation. I would just note, as has been addressed -- I think it's -- the salient point is that this building of the ESI Building, which we refer to as building four, it has gone through the process of a CZC and design review approval, which it did receive, and as was indicated that this CUP only addresses the height and the number of floors. So, the same materials, the same massing, the same general aesthetic. Those were previously approved and those remain all intact without any change. The proposed site, the landscaping, everything stays intact. Parking isn't impacted in any way and the additional 15,346 square feet -- if I got that -- that was provided in addition to the requirements through the previous alternative compliance. The courtyards, usable space, all that remains the same. So, it is -- it is truly just the addition of the sixth floor and we -- we agree with the conditions and we -- we agree with the recommendations and so unless there is any other--you know, I can stand for questions and -- but-- but that's pretty much the -- the sum of our -- of our presentation tonight. Seal: Appreciate that. Do we have questions from the Commissioners? Lorcher: Mr. Chair, I just have one. Seal: Go ahead, Commissioner Lorcher. Lorcher: A hundred percent commercial? There is nobody living in this building? Peterson: Mr. Chairman and Madam Commissioner, that's correct. It's a hundred percent commercial. This is a building just immediately adjacent and to the east of the TopGolf facility, so it -- all six floors will be commercial. Seal: Thank you very much. Appreciate it. Peterson: Thank you very much. Seal: Do we have anybody signed up testify? Hall: Mr. Chair, we do not. Meridian Planning&Zoning Commission February 2,2023 Page 2 0 of 41 Seal: Anybody in the audience? Ma'am, come right on up. Good evening, ma'am. Just need your name and address for the record, please. Adsitt: Lynette Adsitt. 1360 South Topaz Avenue, Meridian, Idaho. I was just curious. We -- I live in -- there is a little cul-de-sac there, residential area, and I live there. So, I was curious if there has been any kind of -- yeah. R-1. Any kind of traffic -- what this is going to do to traffic, because we are having traffic issues already. I was wondering if any study was done on that. Seal: My understanding is this is for a conditional use permit. So, the building itself has already been approved, which a traffic study was likely done for that and ACHD would have approved or disapproved of that, so that -- Adsitt: For the extra floor? They are adding extra traffic coming in? Seal: Correct. Adsitt: So, they could go up to ten floors if they want and traffic would still be the same? Seal: Well -- Adsitt: I'm just trying to understand the logic here. Seal: Right. And I --there is probably a threshold to it, but I don't know what the threshold is. I don't think adding one floor is going to trigger a traffic study -- or that's part of how we would go through this. So, I -- Bill, I'm -- as I flounder here, I will -- I will ask the expert. Parsons: I don't know if I'm an expert, Mr. Chair, Commission, but I will certainly try to help explain to the citizen here. So, essentially, there is -- there is a couple of different thresholds for ACHD. One is square footage of a building. That could trigger that. In this particular case this one building is part of a larger employment center that has hotels in it, other employers. Entertainment use that -- that we all know about. And so as part of that overall master study ACHD required a traffic study to analyze all of that. So, based on the scope that's before the Commission tonight that did not trigger additional study to address the additional trips based on just adding a story to -- to the building. We recognize --ACHD did recognize when this project went in and when we were here talking about the multi-family project that is just north of you as well, that Rolling Hills would be an emergency access only to help preserve some of the county residences there, so you wouldn't be impacted so much with the traffic and that's why it was restricted to emergency access only for that sole purpose. We knew that the road in the area could not handle the additional trips, but we felt in the interest of public safety it was best to funnel everyone down Silverstone Way to the signalized intersection, instead of down an unimproved county road. So, again, in this particular case it wouldn't warrant additional traffic study. Meridian Planning&Zoning Commission February 2,2023 Page 21 of 41 Adsitt: Thank you. I just wanted to be concerned that -- we are concerned about the traffic coming in and keep adding and adding and adding. So, just wanted to voice my opinion on that. Seal: Okay. Thank you very much. I appreciate you coming in to do that. Anybody else like to testify? Anybody online? I don't see any hands going up. Would the applicant like to come back up and add anything? No? Signifying no. So, at this point I will take a motion to close the public hearing on file number H-2023-0002 -- 0002. Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to close the public hearing for file number H-2023 - 0002. All in favor, please, say aye. None opposed. The public hearing is closed. MOTION CARRIED: THREE AYES. ONE ABSENT. Seal: I will throw in my two cents on it. As far as the fit for the area that is being developed, where it's fitting in and what is going up, I think this fits. I'm not concerned -- my concern, honestly, was, you know, would the fire department be -- be concerned and the fire department report does not show much concern for this. So, that said, this is the second one of these we have seen in pretty short order. So, I guess -- I mean I would like to put on the record that -- I mean if our code is 65 feet and we are just kind of going to let people go to 97 feet, we should probably look at our code. So, you know, again, I think that this fits, but, again, if our code is -- you know, if our code is 65 feet and we are going to 97 feet, that's a lot. That is -- that's not a little over code, that's a lot over code. So, if our code is written to kind of rein that in, then, this -- this worries me that's it's going to set a precedent. So, I don't know what else -- what else to say on that really, other than, you know, I'm afraid this is going to help set the precedent that's already been set by allowing, you know, more floors and higher buildings to go in if we truly want to keep some kind of limitation on it. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: I agree that the 65 feet as the basis should be honored, but in this particular complete area it has been ignored the entire time. We have got 74 feet. We have got 156 feet with the nets. We got 87 feet extending above the grade. Seventy-four-- I mean there is numbers all over this piece of paper. So, if we were going to allow it -- if -- anywhere in the city, this group of buildings would be the one, but also a precedent has been set, so if we say no, then, they are like, well, what about this one and what about this one, because they have already been done. So, you know, the nice thing about this Council and Planning and Zoning is that we can kind of look at an individual project and say does it warrant to be in this space? Is it in the best interest of the city? You know, will it bring more, you know, people living here and working here at the same time. So, Meridian Planning&Zoning Commission February 2,2023 Page 22 of 41 those are some of the criteria that I keep in the back of my head when we look at a project and how it fits -- fits best in the city. If we were looking at, you know, a six building at the corner of Ten Mile-Cherry I would say absolutely not. But because it's along the freeway -- but I also agree with your point to city planners and those that make the code, that maybe we re-look at what 65 feet means for the City of Meridian as we continue to grow. So, I'm in favor of it, because TopGolf is still going to cover -- the nets are still going to cover everything when it comes to this building. So, the precedent has been set. I don't think we -- well, I guess we could say no, but I'm inclined to say yes. Seal: Bill, go ahead. Parsons: Mr. Chair, Members of the Commission, I just want to clear the record a little bit. It's not really a precedent. It's -- there is a process to do it. It's a CUP. So, they are going through a formal process to request that additional height. But the other thing, too, is, you know, I'm getting ready to kick off the next round of UDC focus -- UDC changes. So, certainly, I'm hearing you tonight. We can add that topic to our discussion with that group and, then, see what they feel as well -- their -- their professional opinion as well and see if 65 feet is the right number or should we increase that, decrease that, or put more book ends on it if you will and I think that will go and probably tie into our next topic as well with kind of the staff-- new staff report format as well. Just wanted to let you know that we can certainly help. I made a note here and I will add that to the topic of discussion with the group. Seal: Okay. Appreciate that. Wheeler: Mr. Chair? Seal: Yeah. Go ahead. Wheeler: Staff, I had a question. It looks like they increased their -- their total square footage of -- from -- what was it, 154,000 up to 174,000; is that correct? Hersh: Mr. Chair, Commissioner Wheeler, yes, that is correct. It was 145,000 and now they are going to have 174,000. Wheeler: Okay. Did the open space increase it proportionally? Hersh: It did not. It stayed the same, because they applied for a conditional use permit to increase the height. But they are leaving what was approved with the alternative compliance. Wheeler: Okay. So, they are wanting a CUP to increase the -- the use, but not the open space that we also have; right? Hersh: Yes. But that's not a requirement of the CUP to add more open space. It was a requirement with alternative compliance and code to add the ten percent open space for Meridian Planning&Zoning Commission February 2,2023 Page 23 of 41 the alternative compliance from 65 to 70 -- or 84 feet I believe it was for the first increase of the building height. This is, essentially, the second one. Wheeler: So, this is -- okay. So, this is the second time that they have -- Hersh: Yes. So, they were approved -- Wheeler: -- added a layer to the cake. Okay. Hersh: -- from the director for alternative compliance to increase it 20 percent and that is in the UDC for approval and, then, anything beyond that has to be submitted for a conditional use permit. Wheeler: Okay. Okay. I look at this and I -- yeah, we got TopGolf; right? It's going to be -- it's a major intersection. It's not like you are going to have -- you know, we do have some of the smaller homes, but they are farther away from the -- the on ramp there. My only concern in going up that much more has to do with the location of where this is at. We do have some R-1 zoning that's here that's still on the county side. We aren't asking to just bump it up ten feet, it's asked to be bumped up -- it looks like over 20 feet, if I'm seeing this correctly, with the screening included. You know, poles I don't count really as -- as a building. It's something that's been -- that you see through, it would be like the same thing saying that the flagpole in somebody's property would be 30 feet and, therefore, their house is 30 feet. I wouldn't see that as the same type of thing. I'm not a fan of this, mainly because of the location and its -- and its -- and its closeness to an R-1 zoning in the county. If there wasn't already existing projects -- or if there wasn't already existing zoning that was county or more rural setting at some of our other interchanges in Meridian it would be -- it would be -- it would be easier to say yes to, but -- and I'm always a big fan of in-fill projects and seeing the -- the way those areas can be maximized, but I think this is really kind of pushing the limit beyond what I'm comfortable with supporting personally. Seal: Yeah. And I didn't realize -- I -- I thought -- in my follow up I read it incorrectly that, essentially, the common open space and the -- I guess I will ask the question. Is the parking -- does the parking meet the criteria for the expanded -- expanded area? Hersh: Yes. Seal: Okay. Hersh: Mr. Chair and Commissioners, yes, it is -- they are required to have 348 and they supplied 372 stalls. So, it is still over. And I did also want to note that the R-40 zoning to the south with the apartment buildings, those are four stories, just so you know -- Seal: Okay. Hersh: -- will be blocked by some of the buildings. Meridian Planning&Zoning Commission February 2,2023 Page 2 4 of 41 Seal: So, the good news is that there is four story apartments that are in the way. Wheeler: Yes. And I -- that's -- that's quite a hefty transition, you know, R-1, RUT into R- 40 and I understand we are right next to an interstate; right? The busiest intersection in the state of Idaho is right there at that on ramp at the Eagle interchange. It's just that its proximity to R-1 zoning when there is existing rural houses is just hard for me to say let's go ahead and not only level up once, but level up a second time and not only just a little bit, but another 20 feet on top of that and it -- and we are not going to add anymore open space requirements for that that they did on the first time. So, that's -- like I said, there is other interchanges here where they don't have these zoning -- or they don't have R-1 right next to it, that I would be in full support of going up this way and encourage and be totally fine with it I should say. It's just its proximity to the -- the R-1 as we can see there now and the RUT that has these larger acreage, these -- it's just more of a rural site setting and I understand they are next to the interstate, but, still, that's -- that's where I'm -- I'm at personally. Seal: Yeah. And I understand what you are saying. I was going to say -- things like this are tough for me, because there are these little -- I call them havens that are out there that still exist. They are getting less, they are getting smaller and they are getting more crowded. That said, everything that's developing around this fits if you remove that, you know, which is a difficult thing to even say, because it exists. So, for how long? You know, we don't know. Could be there for another hundred years. Wheeler: Yes. Mr. Chair? Seal: Yep. Wheeler: Yes, I'm with you on that and it's one thing to go ahead and go nine feet above where code is at. It's another thing to try to go, you know, 20 feet above over that's next to something in the proximity. That's where -- that, to me, is where there is just a little bit of a difference on my -- in my thinking and processing as the town begins to develop. Seal: Commissioner Lorcher, anything else add? Parsons: Mr. Chair, Members of the Commission, not to interrupt you, but just want to let you know the building is several hundred feet away from the R-1 zoning. The apartments are definitely four story. Just confirmed that. And, then, just also want to touch base on the 97 feet. Not -- not to lose sight of that. The reason why that's the case is because our code also requires screening of mechanical equipment on top of the building and so that's really what's driving that additional height on top of that. So, really, the floors -- the stories themselves are 84 feet or 87 feet, whatever Stacy had confirmed. So, again, we laid it out in the staff report. We feel it is compatible given what's occurring in the area and given that it is closer to the interstate than it is the residents and the fact that you have the hospital across the street as well that's probably just as tall. Just giving you more food for thought there. Meridian Planning&Zoning Commission February 2,2023 Page 2 5 of 41 Seal: Okay. Appreciate that. The screening is probably there for when I hit my golf ball over the net. If we are allowed to dream. Wheeler: And if you hit your golf ball that far, congratulations. Seal: Right. Wheeler: Yes. And so adding the -- I understand that you have to take the RTUs and other mechanicals and be able to screen them so people drive by they don't see them and I -- and, then, if you add that to it with -- with it you are looking at 30 feet. So, almost a full third of the building -- 30 feet above where the zoning height restriction is at for this mixed use regional. So, like I said, it's one thing to go ahead and say, hey, can we bump it another ten? Can we bump it another 15 for the screening purposes. It's another thing to say let's go 30 feet higher with screening and that's where -- Seal: Yeah. The original permit came through and went from 65 to 84 and that was approved. So, I mean essentially they are adding another floor on to this. It's going to go from 84 to 97 feet with the screen. So, I mean they are -- they are coming back in and asking and again and again, that's where -- you know. I mean I guess -- I guess the rub here is how tall is tall enough. So, I struggle with that. I think that the location of the building, in my mind, as I look at it and -- you know. And I have been in this area and we have seen all these applications come through for it, so I think it's appropriate for that area, but at the same time I struggle with where our code is today. You know, if our code is at 65 feet, that's what people are -- find acceptable and it's been allowed to go to 84 feet and now they are back with the conditional use permit to ask for yet another to go to 97 feet, that's where I -- you know, that's the struggle within me is are we serving our community? Because if everybody's at 65 feet and, then, we see things that are going higher, you know, that said -- I mean we have -- you know, there is one person that testified as far as the traffic that it's going to generate, not necessarily the height of the building. So, that's -- that's where I'm kind of landing on it. It's -- it's difficult. I mean this is a difficult decision. So, we want to represent the community and -- and responsible growth. So, is this responsible growth? I don't -- that's why I'm happy I don't have to make a motion tonight. So, if either one of you would like to have more comment or make a motion, I'm more than happy to listen to either. Shall we flip a coin? Wheeler: What are your thoughts, Commissioner Lorcher? Lorcher: One of the things I like about this Commission is that we can take an individual project and evaluate for what it is based on -- on the location that it is individually. We are not saying this idea of City of Meridian is all going to be one thing. With that in mind, the building has already been approved. It's already been approved for five stories and between the screen and the additional building, before construction begins if you are going to add another, as you say, layer on the top of the cake, it's easier to do it before construction than adding it on later. As our community continues to grow in the services that we need to do, if they find that they go into a four story or five story building, maybe Meridian Planning&Zoning Commission February 2,2023 Page 2 6 of 41 a year from now that they have outgrown that building, then, they leave. So, if they are planning on being able to fill that building with people who are going to work and live here, in an area that already has buildings that are very similar and I wouldn't say it would be universal across our city. I support this project, because it fits into what's happening right now with the buildings that have already been approved. So, with that said I would not approve a building of six stories at say, you know, Cherry and Ten Mile, because it wouldn't belong there; right? It's all more housing and different types of things. So, we, as a governing body, you know, are able to create these conditional use permits individually. That allows us to take a look at the area, the impact, the employment and what's in the best interest of the City of Meridian. Having people work and live here and attracting people who want to be here is, obviously, very important and you are already in a complex of areas that are supporting these services through businesses that are already existing at this location. So, to me, personally, I don't see a problem with this. But if it was someplace else in the city and it was a standalone project or in-fill someplace else, I probably would. So, if you would like me to make a motion I can and, then, you can vote how you see -- Seal: I am -- I am always willing to take a motion. Lorcher: Did you have any other comments? Wheeler: No. I mean I -- Mr. Chair? Seal: Go ahead. Wheeler: The -- yes. And I -- and like I said, this is the busiest intersection in the state and I get that as in -- as the traffic -- I get that with the use that's going on here; right? see that and maybe I'm just myopic and seeing the R-1 and the RUT that's there with these -- with these ranches, these small little farms that are right there and it's one thing to do that than it is to -- to have it in an area where -- where you are going to be up to that height and you don't have anything for half mile or more of any other sort of larger, more rural settings, and that's just where -- where my -- my only concern is that -- and the open space didn't increase proportionally as the square footage did. The parking spaces, that's great that they went over on what they -- what the requirements were. There is a lot of developments like this where they come in and they ask for exceptions for parking or they are just barely above it or have to figure out some way to -- to have cross-access agreements. Yeah. And, then, again, we have the -- you know, we didn't have a -- we didn't -- we don't have this area filled up with people complaining about what I'm saying. So -- yeah. Seal: Anymore discussion or a motion? Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Meridian Planning&Zoning Commission February 2,2023 Page 27 of41 Lorcher: After considering all staff and applicant and public testimony, I move to approve file number H-2023-0002 as presented in the staff report for the hearing date of February 2, 2023, with no modifications. Seal: Do I have a second? Kurt, you might have to help out here. Starman: Thank you, Mr. Chairman. So, two thoughts. One is you are -- you are not required to, but the chair can second a motion if you choose to. That would be one choice. The second choice would be Commissioner Wheeler could second it for the purpose of discussion. He's not committed to voting in favor of it, it would just allow debate and a vote. And the third alternative would be the motion fails for lack of a second. Seal: Okay. And knowing that I will just -- one point of discussion that I will make before I move forward here is I agree with what you are saying and, like I said, I -- I hate to see these little havens disappear. Where this is it's going to end up, like a discussion we had earlier, where you don't recognize an area that you drive through anymore. With everything that's going in here I think this is one of those areas, unfortunately, and with that I will second the motion. So, it's been moved and seconded to approve file number H-2023-0002 ESI Office Building CUP. All in favor please say aye. Starman: And ask for nay votes. Seal: Oh. All opposed say nay. Wheeler: Nay. Seal: Okay. Motion carries. MOTION CARRIES: TWO AYES. ONE NAY. ONE ABSENT. Seal: Thank you very much. It was a tough one. Parsons: Mr. Chair, Members of the Commission, before we move on to the staff report, our computer decided to do computer updates right now, so if we could maybe take a quick recess and reset this computer and pull up the staff report again would appreciate it. Seal: Absolutely. That sounds good. Lorcher: Are we pausing the whole thing or -- Seal: No. We have got one more that -- we have got -- yeah, the -- essentially the staff is going to walk us through the changes that they are going to try and make to -- Lorcher- Oh. Okay. Seal: -- the staff report, so we will take a five minute bio break and we will be back after Meridian Planning&Zoning Commission February 2,2023 Page 28 of41 that. (Recess: 7:16 p.m. To 7:25 p.m.) DEPARTMENT REPORTS 10. Staff Report Format Discussion Seal: Okay. We are back. Bill, the floor is yours. Parsons: Thank you, Mr. Chair, Members of the Commission. So, staff is here tonight to talk about some updates to our current staff report template. Just some history on this particular topic. You know, I have been with the city for almost 16 years and looking at some of the old files and old projects I can tell you it's definitely changed over the years. In 2018 there was a major revamp of our staff report where we went in front of City Council and, of course, this body and let you know some of the changes and some of the additional information that we were going to add. Probably the two major changes that came about was the city planning actually facilitated several meetings with other city departments and we added a city metric -- a community metric section to our staff report, which reported ACHD's conditions, police and fire concerns, school district numbers, all - - et cetera, et cetera. And that was a -- I thought was a pretty inventive use of a table at that time and, then, we also added more graphics for you. When we approached you back in 2018 we wanted to make sure --we were growing rapidly and we -- as we continue to do -- do so, but we wanted to make sure that our staff reports were transparent, had relevant information and that allowed you to make more informed decisions for our community. Well, a few months ago we were approached by our liaison -- City Council liaison and she had asked staff why is our -- why are our staff reports so long and are there ways to improve upon that and, you know, like any good community, we should always -- at some point in time we should stop and look at ourselves and say how can we improve things and what can we do better, just like we do with the UDC and the Comprehensive Plan. And so tonight Brian and I are here to discuss some potential changes with you. It's a dual effort. I will go through -- through some of the changes of the staff report and I will let Brian kind of dive into some of the new graphics and analysis that goes into those graphics. And, then, of course, we will open it up to Q and A session and, then, ask for some of your feedback. And, please, feel free to chime in at any time. This is not by any means a real formal presentation, it's more of an open dialogue with all of you. One, informing you, but also getting your opinion and feedback as well. So, really, the goal -- or at least from my perspective in dealing with this -- Caleb, myself, Brian, we have met many times going over the format of this staff report. Caleb and I were in front of City Council a few months back, also sharing with them -- asking for their feedback. Caleb and Brian also put together a survey and asked what Council liked about our staff reports and where could we improve upon that and that's -- all of that data that we have compiled has gone into some of this staff report that you see here. Now, I would mention to the Commission that this is -- this is a draft. There -- there could be different other changes that come about just after our discussion tonight or even other discussion with Council and other city staff members. Again, even current planning staff, Sonya and Meridian Planning&Zoning Commission February 2,2023 Page 2 9 of 41 Stacy, have been part of this process, because they are the ones that have to generate these staff reports and present this to you and the City Council. So, the staff report -- it may or may not get longer. It's -- like anything it's always going to depend on the complexity of the project. But what we want to do is create a consistent template, one that has relevant information that not only you, staff, and the Council can understand, but also the public. A lot of times as we sit here and we go through that public hearing process, we have so many residents come up and go can you tell me where -- how many residential units have been approved in this area? What do we say? We don't know. We don't have -- we don't keep tally. We have that data, but we don't present that data in the staff report. I won't steal all of Brian's thunder, but that's -- that's some of what we are going to try to achieve with this new version of the staff report. So, very quickly I'm going to go through several of these pages and let you know some of the changes. Again, not really a major overhaul this time, it's just reorganizing the staff report and putting it in a -- I think a better format for not only you to understand, but staff and the residents to understand as well. So, again, we will keep the vicinity map. One thing we did add was we are going to include applicant's name here at the beginning. We did expand on the project overview. Typically this is a section that explains what they are applying for. But some of the feedback that we received from the Council is they want to know about the issues early on in the staff report and so that's why we broke this out, so not only do you know what they are applying for, but what are the major issues associated with the project, so you can be aware of that as soon as you look at the front page of the staff report and, then, of course, staff's recommendation will be right at the beginning as well. Seal: In the issue section, is that mainly from staff perspective or is that going to involve other departments in that -- fire department, for example? Parsons: Good question. Don't know exactly at this point. What the intent is -- again, the purpose of this is fire department's comments will be at the end of the staff report that you can get to more easily, but also if there is something major that really is a detrimental to the project, absolutely will be here, so you know that. Lorcher: Has the recommendation been on the front page the entire time? Parsons: It has -- in previous versions of the staff report it was and we had actually moved that towards the end of the staff report when we revamped it in 2018. Lorcher: It's like telling you the end of the book at the beginning. Parsons: Yeah. We are giving you a peek behind the curtain before you even get to all the meat of it. Wheeler: So, you know, that like -- I'm in the reserves; right? And we always call that the BLUF. They call that the bottom line up front. That's what they call it. And so that's actually what they call like Army writing style. The bottom line up front. So, that way you can skim it -- okay. where am I supposed to engage and go? So, I like that upfront, actually. Thank you. Meridian Planning&Zoning Commission February 2,2023 Page 30 of 41 Parsons: And I think we are going to try to achieve that in some of the tables that we have inserted in the staff report, too. So if there is an issue we can create a hyperlink for you to click on that page and it will shoot you right down to that section of the staff report, so you can immediately learn what that issue is and bring your eye to it, so you don't have to scroll through 40 pages of a staff report, it will be instantaneous, click on the link and get to -- get to the information. So, again, these -- these tables you are familiar with. They are currently in the staff report. We just broke them up and presented them differently to you. Some of this may stay in, some -- some may go away. I know some of the comments that I have received from current planning staff is there -- they question why we want pre-application meeting dates, neighborhood meeting dates, site posting dates in the staff report. Those are all part of the public record that's on laserfiche that you guys have access to. Again, it's something we will discuss as staff. Again, it may stay in, it may not, depending on our discussions with legal as well. They are part of this and they want to make sure that we have a staff report that's defensible as well. Community metric. Again, this is nothing new to you. It's still staying in this particular area. But what we are trying to do is what we have in table form we want to actually present it to you in more of a graphic form. And that's where Brian will come and explain a lot of this to you once I conclude my presentation. But we will -- we will go back to this section as I -- I get through the rest of these pages. And, then, it also breaks down even transportation analysis for you and, then, service impact summary, which is -- again, coincides with a lot of this data that we populate in our community metric section. Yeah. We do, too. Next section. Again, staff analysis. This is what you typically see. This is actually what we call the meat of the staff report where we are analyzing the project against. We are giving you that overview. We are letting you know of any issues. We are letting you know history on the project. Is it going to be phased? Are their canals that run through the project? How is it consistent with the comp plan? What are the policies that are applicable? And all of the code sections that go with our analysis. The one -- one innovative thing that we are trying to do here is not only do I want this a consistent document, but I wanted it as a document that it can be used as a training document for new associate planners or even assistant planners that who -- that aspire to be -- you know, grow within the company -- or within the organization and go to that next level and become an associate planner. So, what you might see in the next version of the staff report is all of these sections will remain in the staff report, but we will have the ability to either expand that section or keep it collapsed. If we expand it you will see analysis. If it's collapsed you know it's not applicable to this particular project. So, we won't necessarily delete it, we are going to call it hide it. Keep it there in the staff report for training, but also just let you know that these things may pertain to some projects and they may not, but keep them collapsed, so that if they are warranted at least we will have -- the planner doing the staff report will know it pertains or know what code sections to go to. So, it's one not only to get you familiar with what we are looking at, but also the public and the planner who is working on the project to get more familiar to --with those pertinent code sections. It's an opportunity to do that anyways. Here is the conditions of approval. So, all the city agencies, again, will become section four. I think there is section six or seven sometimes in the current version. So, we are just moving that up into the -- earlier in the staff report and, then, along with the findings, so the findings will coincide right with Meridian Planning&Zoning Commission February 2,2023 Page 31 of 41 the conditions of approval, so they are linked a little bit better for you. In the UDC there are multiple applications that have findings and so in this particular case, just as I was explaining about collapsing some of the sections above, all the findings will be included in this Word document, the staff report, but only those that are applicable to that project will be expanded upon and show up in the staff report. The others will just have a heading and stay collapsed, so they won't be relevant. And, then, here is the action. So, there is -- this has staff's recommendation. Again, this may get blown out as we have it up to the top -- the top of the page already with our recommendation, but this is where after you guys make a recommendation or approve a project, this is how we update our staff report after you guys take action on it and we summarize what occurred during the hearing. So this, again, is currently already in the staff report, just in a different location. Here is all the maps that you see currently. So, again, back in 2018 these were the four graphics that we added for you to help let you know what was occurring in the area and what we have done here with this current draft version is we are trying to consolidate all exhibits in one location, so that you guys can click on the exhibit tab and go all the way down to the end of the staff report and look through the zoning map, the plan, the aerial map, landscape plan, site plan, plat, all of those things -- elevations in one comprehensive review, rather than having to go back and forth between the staff report. But -- and, then, they are all labeled in here. Again, the same approach. If it's -- if it's inserted in the staff report you will see it there. If it's a collapsed heading, it's not relevant, it's not part of that application. Again, mostly meant for a training opportunity for staff. With that, I will go ahead and let Brian have all the thunder and show you all the exciting things he has been working on with -- and show you how we use the data that we compile when an applicant submits an application and uses our Enterprise software and how it interfaces with our GIS system to create those graphics for you. McClure: Good evening. So, Bill did steal my thunder already. He already showed it to you. I do -- so, a few notes here. Everything graphic here is Enterprise based data. It's automated collection and reporting and it's already working data. We don't necessarily have to do what you see here, but it's not -- it's not just an idea, it's proof of concept that works. None of these are final. They are examples that we think are useful. Some we really like, some will still have revisions. We have already had some staff comments on them. Some of those will have notes, terminology, and, then, some of them will -- we will just have new ones, more different. Some of this data is specific topics of regular concern and some of it's a little bit more roundabout when considering other facts and indicators. So, you know, sometimes you have to triangulate, you know, what do these three points of data mean together? We can't always give you this is yes or this is no. Some of this has to be read between the lines, because it's more policy driven, like the comp plan. So, is it in-fill, is that not? We don't have a specific metric for that. And some of it would be more aligned with code. Does it -- yes. No. And then -- and, then, lastly, just in some of the disclaimers. Some of these are for all projects. Some of the ones you don't see here, because we haven't necessarily done them yet, could be for specific application types. They could be for small projects, big projects, you know, we could customize some of this depending on the needs. So, generally these ones you see tonight are ones we think would be good most of the time, but it doesn't mean we can't have more for some of the time. And, then, we are happy to take feedback you have on these tonight. I know you Meridian Planning&Zoning Commission February 2,2023 Page 32 of 41 haven't been able to really dive into them. Or you can give us that feedback later, so -- I'm not going to -- I will try not to bore you too much. This first one you see here is partial data. We are using that to determine whether they are actually in the city or near the city. You know, this is sort of an indicator as to whether it's in-fill or not. That's really what it's sort of getting at it. We don't have a metric that says it's in-fill or not, so we gave you some data to sort of what do you think? Household change. Just level of activity. This is relevant. A lot of times it's usually not relevant directly to anything, but it's good consideration for most things. So, that's why it's there. It doesn't have to be. This is one I hear frequently. What is in the area. So, residential single family specifically here. What is the lot makeup? What's nearby? It goes to residential diversity. I can't tell you whether we have a townhome, duplex or triplex with our data, but I can tell you whether it's R-2, R-4, or R-8 and whether it's single family or multi-family. So, what you see there are a number of units in that -- in that first top zoning one and, then, you see the average size of those in that area and, then, you see the min and max. I will note -- you saw this at the beginning. Let me jump. All this data I'm showing you currently is one mile analysis. So, everything within one mile. I don't know that this graphic will remain here. It's just for you tonight. If it remains we will have to put a notation or symbology to there, but that mile you see there is where all this data came from, that orange line, so -- and, then, the second number here tells you the average density and so we get questions on density all the time. This would be net density, not gross density, which is what the Comprehensive Plan speaks to, but if you wanted to know what R-4 actually looks like in this area, it's actually a little bit more than R-4, it's -- it's what R-4 used to -- what to think anyways. And, then, you see some residential address data and some commercial address data here. So, how much single family is in the area, how much multi-family is in the area and how much commercial -- commercial is in the area is based off the address data. And, then, the big one we get all the time is what do our entitlements look like. So, you know, this is a rolling average and we don't have a perfect system that tells us when some of these have been built, when they have -- when they have been lingering there for ten years, but we can tell you this body and Council have approved X number of lots. So, you have X number of single family, X number of multi-family and, then, whether it's been approved, pending, or whether they are proposing that tonight. So, you can see sort of what their proposal would impact and how it impacted other existing conditions. Bill mentioned these two already. This information can be pulled from ACHD staff reports for the ACHD summary metrics and the service impact summary is something that -- it's already been adopted, but we haven't really done a fantastic job of implementing, but you will see a summary here and, then, the full sort of report would be included in an exhibit down below. Seal: On the ACHD, can that also incorporate information graphically as far as road improvement timing. Meaning if they are on adjacent to -- let's use McMillan, because because I like to cut deep. Like basically information on when that road will be further developed. McClure: Yes. We could probably be more specific -- specific than what we are here. So, on the bottom right you will see program integrated five year work plan. So, that's within five years. And, then, the program CIP is their 20 year program, so -- Meridian Planning&Zoning Commission February 2,2023 Page 33 of 41 Seal: Okay. McClure: -- certainly adding a specific date if it's planned could be something we could add, yeah, but you do have a higher level of that as well here. The next section -- we did, as an example of -- not all applications, but some applications. I don't remember where I buried it. There we go. So, this is stuff we could propose in mixed use areas. So, this is not one mile analysis, this would be within the area contained within a mixed use area. So, mixed use neighborhood, community regional. Will note we do separate those mixed use areas out across arterial roadways. We don't generally like people walking across those, particularly Eagle and Overland. So, it's bound by that mixed use area. So, you - - everything you see here is what the makeup of that is now. I don't -- we don't -- again, we don't have specific policies that say whether this is a yes or a no. We do have things that say we are looking for diversity of things, though, so you can see the way we are getting out here currently and the data we have is the type of addresses and, then, the acreage of zoning and we are giving you, then, a blend of what those two things look like together. So, address split, whether it's single -- whether it's residential or not. Zoning, whether it's residential or not. And, then, address zoning mix, sort of a hybrid. The reason we do all three is because you can get 500 apartments in C-G that aren't necessarily commercial, but they are still in there as residential, at least in terms of use, and address can be misleading, because you can have a Home Depot that's huge, but you only have one address for it. So, there is a blend here and you have to sort of read between the lines with what we currently have, if you are interested in the data at all. Again, then, you have entitlement tracking and, then, broken out specifically the type of -- of addresses. So, single family versus multi-family versus commercial. Single family and multi-family what we typically get. That's it for what we have prepared now. If you have any other data that you consistently wish you had or for certain application types you wish we had, if you have common questions that come up and we haven't historically provided that, love to have any of that feedback. Seal: For me it would be nice to have a graphical representation like this that broke out some of the information we get from West Ada School District. Just -- I mean it's -- sometimes it's a little monotonous just to read numbers and what they may mean and I know that we have -- more analysis has been done on that by city staff in order to provide better numbers as far as, you know, where we are going to grow with it. Be nice to see some of that done in a graphical -- graphical manner as well. The other thing might be, you know, that's near and dear to my heart, kind of the pathways, trying to incorporate how, you know, an application might add to that. You know, I don't know if there is a way to do that well, but if we can do it for, you know, car traffic, if we could do it for bike traffic or pedestrian traffic as well might be helpful. Lorcher: Didn't you have that on the other one where it was green, yellow and red?Wasn't pathways one of the categories? Seal: On the -- Meridian Planning&Zoning Commission February 2,2023 Page 34 of 41 McClure: Yes, pathways, it's part of our service tool. It tells you proximity. It doesn't tell you whether the -- what the impact of the current development would be, though. It just tells you whether it's there or not. Lorcher: Oh. Okay. Seal: Okay. Wheeler: Is this -- I'm sorry, are you still -- Seal: Go right ahead. Wheeler: So, up here where it says the mixed use analysis by land use area, that's by like acreage -- by actually like square foot kind of stuff? McClure: Top left? Wheeler: Yeah. So, land use area by zoning districts, that's by square footage -- square feet? McClure: That's currently -- that's currently by acres. Really, what it was trying to show you is split right now, but if -- if understanding the actual acreage was important to you, that's something we could add. Wheeler: No. No. No. I was just -- I was just making sure I saw it right in my mind. McClure: Yes. It's based -- it's based off of acres. Wheeler: And, then, I know one of the things that we get a lot, too, is like -- stuff like, hey, well, ACHD, you know, their traffic counts or, hey, when was that last done or when did they do -- what was their approval of this building back when, based upon a certain use or something like that, that would -- that would be helpful saying here was their last traffic count study for it. The -- the picture that comes to my mind is that one on Records when we were putting that forward and they were going from an office to the -- to the mixed use -- or, excuse me, to the apartments there, remember, and they -- they said -- Brighton's comments were, hey, the -- the study was -- that ACHD did was there wasn't really a difference what we were going to see between the two and it would have just been -- that was something that popped up on my mind like, oh, it would have been nice to see what they -- what they said and when that was. McClure: This is all good. Thank you. Seal: And I -- yeah. I like -- I like -- I like the look and feel of this. So it is -- you know, especially when -- you know, we have a really busy week, you know, we have several applications, sometimes it's -- it's -- it's difficult to dig through all the data in just text format alone where things like this that can help, you know -- especially as we start to see over Meridian Planning&Zoning Commission February 2,2023 Page 35 of 41 time, I think it will be helpful, you know, as we train our eyes to different things that, you know, might be concerning to any one of us, you know, to recognize that, you know, what we deem as good, bad or indifferent, you know, I think this formatting will help with that for sure. Hood: Mr. Chair? Seal: Yeah. Caleb. Hood: If I can that -- that actually feeds pretty nicely to what I was just going to -- going to clarify. I mean Bill and Brian did a good job explaining -- walking you through this. We do want everything that's in the staff report to be purposeful and helpful and the things that you want to see are likely the things that others in the community are interested in knowing, too. So, I appreciated the couple of few things that you all mentioned with ACHD and the school district and pathways and some other things that we may be able to also include here. So, you know, we don't want to grow it any longer than it needs to be, but we do want to provide you the data points and the information, the analysis that are going to assist in making those decisions. I want to -- one thing that Bill didn't talk about that I just want to highlight for you that will be different in the new staff report format is we are combining a lot of the UDC and comp plan analysis into one. So, it will be by element. So, parking is addressed in the comp plan and parking is addressed in the UDC, but in the staff report it's duplicative. You hear about it up here in the staff report and, then, it's repeated, essentially, down below in the UDC analysis. So, instead of looking at it -- you know, evaluating a project against the document comp plan and, then, evaluating it -- we will look at it together and say here is how it complies or doesn't with the comp plan and here is how it complies or doesn't with the UDC. So, we think that's an improvement and, again, one of the things we are trying to do is remove some of that duplication -- duplication and some things, if it's like ACHD, and you want to hear more about that, even though their -- their full staff report is linked below, you want that, hey, what were the traffic counts, we may be able to provide some of that and -- but we are trying to limit the -- saying the same things two and three times in the staff report, just to be -- in favor of saving trees a lot of times even just virtual trees and your time in having to read them multiple times. The last thing I just want to say relatively quickly -- and we haven't quite - - we don't fully understand how this is going to come into play, but very talented staff. One of the things we are not fully versed in is making this super cool bells and whistles all the way with hiding or whatever the right terms are for formatting Word documents that can be super sexy, cool. So, we will probably have to hire a consultant to help us with some of those things to just make it function the way we need it to. That said, we don't want to wait too terribly long to get something like this similarly out and start using it. So, what I'm thinking is going to happen is here in the next few months or so -- Bill mentioned it -- we will go back to Council kind of say, hey, this is what we are thinking. Let's test drive it for the most part, see what works and doesn't and, then, take that and send it to a consultant say, hey, can you make this actually work the way we thought it was going to work? So, that entire process will probably take about a year. I'm envisioning another few months to maybe get this out there, start using it. A few months of using it and getting some more feedback and, then, getting a consultant on board that can help us -- you Meridian Planning&Zoning Commission February 2,2023 Page 36 of41 know, just make it snappy and so it's easy -- user friendly is how I have kind of couched this whole thing. We want it user friendly for our staff to use to put them together, for you guys to use and understand and read and same with the public and developers and anyone that picks it up. It's -- it's easy. It's intuitive. So, anyways, I just wanted to put a finer point on -- these guys did a good job. Just wanted to kind of put that in and to reiterate what Brian said, you know, any feedback you want to -- more feedback you want to provide now or ears to, go ahead and e-mail us, call us, whatever with, oh, yeah, I forgot to mention I would really like to see something on -- whatever else that -- that you might want to see a graph on or a chart or -- can't guarantee we will do it. But let us know and we may be able to. Because, like Brian said, we are trying to have this be automated out of our Enterprise software, not so much manual, or you have got to crunch the numbers to make the thing, but it's already in our system and it just puts it in there for you. But -- but -- but don't -- don't confine your comments, so that you think we can and can't do automated, let us know what you -- what you want or are hoping for. Seal: Well, one of-- I was going to say that one of the comments I will make is can -- can we make sure that it's all done in pirate, like what seems to be on the screen here, so -- Wheeler: Can we make that official? Official font? Lorcher: Only pirate talk. Seal: Only pirate talk. Right. Can we condition that. Former Commissioner, soon to be Commissioner Grace, would you like to make a public comment? Grace: Thank you, Mr. Chairman. Patrick Grace. 531 Fox Run Way, Meridian. By way of feedback, I'm not sure I have a specific recommendation, but generally whatever you can put in it that helps -- in particular, the public appreciate or understand a little better what the nature of the decision is that's before this Commission would be helpful. It would be helpful to me, probably as well as a Commissioner, but not that I'm trying to discourage public comment, but we do get a lot of comments where the chairman in his -- his eloquent diplomatic way has to say we don't have any control over that. So, I'm not sure how much the public looks at these, but if you just kind of have that in the back of your mind, anything that can help couch or help the public understand what is the actual decision that's in front of this body might be kind of helpful. So for what it's worth. Thank you, Mr. Chairman. Seal Thank you. Appreciate it. Yeah. That's -- it -- it's -- I mean, as my mind is working here and what was just commented on, one of the things that came out of -- for me personally when the city changed its website recently. So, it was like going to the store and they reorganized it, which happens every once in a while. So, one of the things found interesting was I found it difficult to find information and I made some comments and some changes were made, but I -- you know. And I hope that the city is trying to kind of see that from somebody walking in the door or clicking on the website that has no idea how to find any of this stuff, you know, for public hearings and how they might be able to have public input on it, so -- and what's relevant and what's not relevant. You know, for me, personally, I would love if we had postings out there that showed all of the applications that were coming through and when their ACHD hearing was going to be, Meridian Planning&Zoning Commission February 2,2023 Page 37 of 41 because I would go to some of those. But, you know, that kind of information is really, really difficult to mine out of it. So, I like what Commissioner Grace had added to that, just, you know, making sure that we have kind of a focus on what is relevant -- what may be relevant to the public and how that can be addressed and what's relevant to the discussion that we have going for any given application. Hood: So, Mr. Chair, can I comment on that -- Seal: No. Hood: -- real quick? Seal: Yeah. I'm just kidding. Go ahead, Caleb. Hood: It won't add -- Seal: I have always wanted to do that. Hood: That's probably the right answer, because it's not going to add a whole lot to the discussion, but I just -- I feel obligated to respond, because you were spot on in the comments, too, that -- again, the nature of decision and our processes are not intuitive by nature and so we are trying to make it, again, user friendly and intuitive for somebody picking up a staff report, because it's the one and only time the vacant field in their backyard is going to be developed and they haven't done it before and they will probably never do it again, but we need to give them some help. That said, we also have subject matter experts, like yourself and developers and the Council, that say cut to the chase. Seal: Yeah. Hood: And so we are trying to balance all of those things and I just want to put that in perspective a little bit. We hear that and that is something we're trying to do. But I will just -- we have a Council Member that's like two page staff report. Just tell me the issues and off we go and it's like -- and, then, I have legal saying we need all the findings and you got to make all the records, so we can defend this in court; right? So, again, there is -- there is a lot going on here that we are trying to streamline, not make it overly lengthy and that's why I'm back to purposeful. It needs to be purposeful and it needs to be for somebody, if not everybody at the same time. Seal: Yeah. Hood: So, just -- I appreciate your understanding and knowledge that we are trying to make this so it isn't intimidating to read, but, quite frankly, some of it's still going to be -- it's going to be technical sometimes, because it has to be. But we are going to try to make that so people can get the gist of it, understand and -- and it's helpful for everybody. So, again, just appreciate the comments. Meridian Planning&Zoning Commission February 2,2023 Page 38 of 41 Wheeler: Mr. Chair? Seal: Yes. Go ahead. Wheeler: So, another thing just to think about is if you look through -- if you can go back up or down, I think, it has the graphs that are on there. Or do you -- a couple things here. One is do you see some of these graphs just kind of redundant, kind of like slicing the pie and just turning the plate, like you are just looking at the pie from a different -- or different data from different angles -- same data from a different angle? Is there some of that that maybe will show up? And, then, another thing that I know that once this gets played out, as you guys probably know, too, that there will be some graphs -- or some data will just start not being salient as things move on and, then, all of a sudden be like, yeah, I don't know if we really need that kind of stuff and that will be -- so it's a living document and living report, all that kind of thing. But I'm, honestly, more like do you see some of the graphs and data that's just rephrasing of the same thing? Hood: Go ahead, Brian. Yeah. McClure: I can't speak -- so long range -- or comprehensive. I can't speak to the staff report overall. I can say one of my huge pet peeves is when data gets distorted, abused and so what you will see in a lot of these is the same data presented in several different ways. So, you know, sometimes you will get an applicant who will say the density is only five. Well, they didn't tell you that it's 30 on one end and, then, two on the other end and, you know, there is still some very real impacts to the people who are closer to 30. So, you're seeing density, you're seeing total units, you're seeing that from several different perspectives. So, yes, in some ways it's redundant, but it's also meant to be comprehensive in the sense that you can see from all angles. I can't say -- I have tried to do that in a few other areas. That's always sort of my goal. I -- someone probably needs to tell me to knock it off and be a little bit more succinct. I don't know. There is -- there is a balance there. That's my two cents. Wheeler: With that still said, you are pulling this from Enterprise data; right? So, it's just more -- it's not that much, I guess -- I guess that's maybe not the right way to say it, but not -- not exasperatingly more work to just put in a different poll of data; correct? McClure: So, I haven't shown you this for -- if you guys want me to I can. This is meant to be as easy as possible on the current planning staff. So, in GIS you click on a point, you copy the data, you paste that into Excel, it gives you all the charts and you can drag those over to Word. So, there is no additional sort of finding all of this for this page. Some of the ACHD, school stuff that we don't generate, that people give us, that will be a little bit more manual. However, someone has to retype that anyways, so it's not necessarily more for even that. But this data here is click, copy, paste. Wheeler: Okay. Good. Good. That's -- because it did seem like some of the information was just being rephrased on it. But if it's just that easy to pick up and plop in and if it's okay with, you know, the way that they are using it, then, great. Fantastic. Meridian Planning&Zoning Commission February 2,2023 Page 3 9 of 41 Hood: And I will just say -- so two things. You asked that kind of a question geared towards us. I would just put that back to you. If you only like one of the top three and you're like this is the same information three times, I only like, you know, the one out of eight. I like to see it that way. Give us that feedback. We don't have to report it the way Brian just said it. That's what he would recommend and it's comfortable with, but we can get comfortable with -- again, we want it to be user friendly. So, if you think we can -- you know, this is the most important piece of that and we only want it reported with addresses only within a mile and don't break that down by, you know, some of the other things, we can add, remove -- you know, these various charts, make it half a page instead of a full page. So, those are, again, some of the things to consider. And, then, I don't know that we need that example that Brian just -- in my mind I saw him do that into Excel and, then, into Word. Again, send us other things, though, that you are -- you are curious that you think would be helpful that we could maybe even replace some of these with. I think there is a bullpen of a few other things that didn't make it into this report that we could also add. If you didn't come up with them, they are kind of on our shortlist, but let's test drive this for a few months; right? And, then, again, if you're like this is just taking up room and it doesn't add any value, at least that we can -- we do have opportunity. This is a living document. We don't want to change it all the time, but we can change it and -- and tweak it. But we are all kind of creatures of habit, so we want to get in the habit of using these things, seeing these things, knowing where they are project to project. What's the density? Okay. I know where to go find that. Seal: One of the comments I will make -- take off my Commissioner hat and put on my technology here is as I have been involved with different technology trends as they have come along -- I mean, essentially, here is what you're trying to build -- what you are trying to make is more akin to a web page. So, maybe approach it that way. There is a lot of tools out there that will allow you to break out of the -- kind of the Microsoft confines that are out there for Word and Excel and things like that and have more of a dynamic web driven interface to it, where you can -- by clicking buttons bring a staff report that is everything that's relevant to a specific report and nothing that's not, instead of having to include different things that are in, even if they are collapsible, or not. So, that's all I will say about that. Well, thank you all very much. Appreciate the presentation and I really like -- I personally really like where this is going. I like their -- you know, the graphical representation of -- you know, of -- of all the numbers, essentially. Of all the data, of all the analysis and just different ways of looking at it. You know, Brian, I really like -- and we have had people come in on applications that will tell us exactly what you're saying is they are -- they are trying to hide something here, you know, and, you know, you have got 30 on one side and five on the other and the people that are, you know, dealing with the 30 are like, hey, wait a minute, you know, we are averaging it out here. So, if we can use some of that to, you know, help -- help people understand that, you know, a little bit better and understand that nobody's trying to hide anything. There are ways that we do have to measure this and it fits or, you know, something might come out of that where somebody looks at it and goes, yeah, that's not right. So, I really appreciate all that. Commissioners, anything else? I was going to say, I don't think we have to close that or anything, we just had a discussion. So, is there anything else that anybody wants to add? Meridian Planning&Zoning Commission February 2,2023 Page 40 of41 Okay. I -- I will take one more motion, then, for the evening. Thank you very much. Wheeler: Mr. Chair? Seal: Go right ahead. Wheeler: I would like to make a motion we adjourn. Lorcher: Second. Seal: It's been moved and seconded that we adjourn. All in favor say aye. Motion carries. We are adjourned. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ANDREW SEAL - CHAIRMAN 2-16-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 2-16-2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 19, 2023 Planning and Zoning Meeting 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: Findings of Fact and Conclusions of Law for the Conditional Use Permit for Wienerschnitzel (H-2022-0074). CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Wood Rose Apartments,Located at 3136 W.Quintale Drive in the C-G Zoning District,by John Day, SU Architecture. Case No(s).H-2022-0074 For the Planning& Zoning Commission Hearing Date of: January 19,2023 (Findings on February 2,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 19,2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 19, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 19, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 19,2023, 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 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [Wienerschnitzel CUP H-2022-00741 Page I 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of January 19,2023, 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 19, 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 11-513-617.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two(2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of January 19,2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [Wienerschnitzel CUP H-2022-00741 Page 2 By action of the Planning&Zoning Commission at its regular meeting held on the 2nd day of February ,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 2-2-2023 Attest: Chris Johnson, City Clerk 2-2-2023 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: 2-2-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [Wienerschnitzel CUP H-2022-00741 Page 3 EXHIBIT A E STAFF REPORT REPORT a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING Continued to 1/19/2023 DATE: g Le end mm� �� 0 �► _ D Project Location TO: Planning&Zoning Commission ��urlw ® p� EHE FROM: Stacy Hersh,Associate Planner ® ® ERE ® � 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 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 -�'�°�' is .I�:: _L•r '� j7'�kt?I:-•� 'i--' .'.�k'�� =fir • :■ni� • yam �• II :Ini� yY�•�+ 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' ''frv'u •�i uu" _ �,uu'J' ''frvnw�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�rli � �_•� 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. EXHIBIT A 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.£)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 EXHIBIT A 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 EXHIBIT A 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 EXHIBIT A VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on December 15.2022.At the public hearing.the Commission moved to approve the subject Conditional Use Permit request. 1. Summary of the Commission public hearing: a. In favor: John Day, SlichterlUgrin Architecture b. In opposition:None c. Commenting: Paul Delbufalo.Owner of Wienerschnitzel d. Written testimony: Andrea Ridgley,inquiring about W. Ouintale Drive turning into N. Montelino Way as beingaa private street vs. a commercial collector. e. Staff presenting application: Stacy Hersh.Associate Planner 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 6 EXHIBIT A VIL EXHIBITS A. Proposed Site Plan(dated: 4/20/2022) MAMA am I >.. J Jd� � •I # + o z I FLUID ESUTE5 9LOM-I W-3 _.:..------------------ ---- WEST QUINTALE DRIVE ane.�Fcm..i ure ARCHITECTURAL SITE PLAN PUX AI.I Ij Page 7 EXHIBIT A B. Proposed Landscape Plan VMS Omw"Uw- m IN 11111 ---------- -------- ---------- - 2t LANDSCAPE P Mr-M M==7- fi P—E—U—M Ad --EBUFFER '127 km Page 8 EXHIBIT A C. Building Elevations(dated: 6/13/22)Conceptual ff I ! is coxcsrr��nc Ci EAST ELEVATON 4 NORTH aE� W s Vim I If LIM x H x� to •Sr' WEST ELEOA qN EO uTH ELEVP}ION �v Z. A3.1 j Page 9 EXHIBIT A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein [H--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 EXHIBIT A 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 EXHIBIT A 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.meridiancily.org/WebLink/Doc View.aspx?id=279724&dbid=0&repo=MeridianC ity D. CITY ARBORIST https:llweblink.meridiancily.org/WebLink/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 EXHIBIT A 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. 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 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact and Conclusions of Law for the Conditional Use Permit for Wood Rose Apartments (H-2022-0086). CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Wood Rose Apartments,Located at 1160 W.Ustick Road in the R-15 Zoning District,by The Housing Company. Case No(s).H-2022-0086 For the Planning& Zoning Commission Hearing Date of: January 19,2023 (Findings on February 2,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 19,2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 19, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 19, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 19,2023, 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 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [WOOD ROSE APARTMENTS CUP H-2022-00861 Page 1 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of January 19,2023, 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 19, 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 11-513-617.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two(2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of January 19,2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [WOOD ROSE APARTMENTS CUP H-2022-00861 Page 2 By action of the Planning&Zoning Commission at its regular meeting held on the 2nd day of Februry ,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 2-2-2023 Attest: Chris Johnson, City Clerk 2-2-2023 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: 2-2-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [WOOD ROSE APARTMENTS CUP H-2022-00861 Page 3 EXHIBIT A E IDIAN COMMUNITY DEVELOPMENT DEPARTMENT D A H L HEARING 1/19/2023 Legend W�, 0 DATE: z Q W ASHBY DR- Project Location TO: Planning&Zoning Commission i, N APPLEP/NE S > FROM: Stacy Hersh,Associate Planner a ]= - wp 208-884-5533 2; 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 �_ ((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 x w 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 EXHIBIT A 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 EXHIBIT A 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 ` A 0 Project Location a F 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 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 EXHIBIT A 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 High-Density Residential(MHDR)—This designation allows for dwelling units at gross densities of eight to twelve dwelling units per acre. The areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed-use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. Page 4 EXHIBIT A 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. 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-1 S 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." Page 5 EXHIBIT A (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. "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. Staff finds this development to be generally consistent with the Comprehensive Plan. B. UNIFIED DEVELOPMENT CODE(UDC)ANALYSIS Conditional Use Permit(CUP)—Multi-family Development(UDC 11-4-3-2 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 Page 6 EXHIBIT A 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 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 11-5B-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 5 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 Page 7 EXHIBIT A been designed.Open space areas that have been given priority in the development design have: (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. Page 8 EXHIBIT A 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 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. 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. Page 9 EXHIBIT A (3) Plaza. (4) Picnic area including tables,benches,landscaping, and a structure for shade. c. Recreation. (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. (1) Bicycle repair station. (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. Page 10 EXHIBIT A 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(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 11-2B-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, Page 11 EXHIBIT A the existing location of this private lane and curb cut are not in the correct position per the 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 11 th 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 11 th 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!9: 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-8): 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 Page 12 EXHIBIT A Certificate of Zoning Compliance. The applicant should 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(UDC 11-3B): 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 11-3B-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 roof profiles 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 EXHIBIT A B. The Meridian Planning&Zoning Commission heard this item on January 19,2023.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: Erin Anderson,The Housing Company b. In opposition: none c. Commenting: Erin Anderson d. Written testimony: None. e. Staff presenting application: Stacy Hersh.Associate Planner f Other Staff commenting.None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission: a. The pathway connection through the site 4. Commission change(s)to Staff recommendation: a. None Page 14 EXHIBIT A 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 MW !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 15 EXHIBIT B. Landscape Plan(datcd: November l4,2022): NT SCHEDULE LANDSCAPE REQUIREMENTS LANDSCAPE LEGEND INFORMATION EE— AMEN17Y REQUIREMENTS GALLOUT LEGEND T.IVNY LANDSCAPE NOTES: LANDSCAPE AREA JAV ro 0-1 NOTES HAV RRIGA 'Pi SHRUB PLANTING WEED ABATEMENT NOTES�. ------�� Page |6 EXHIBIT A C. Conceptual Building Elevations 8 0® ®0 8 TYPICAL FRONT ELEVATION. ..o.�. TYPICAL SIDE ELEVATION �AC�HISON Page 17 EXHIBIT A 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 18 EXHIBIT A 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 19 EXHIBIT A B. PUBLIC WORKS DEPARTMENT 1. Site Specific Conditions of Approval a. Ensure no sewer services cross infiltration trenches. b. Sewer should be a minimum 1 Oft 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 20 EXHIBIT A 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.oMIpublic 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 21 EXHIBIT A D. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) No report at this time. E. MERIDIAN PARKS DEPARTMENT https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=286291&dbid=0&r0o=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.orglWebLink/DocView.aspx?id=285179&dbid=0&r0o=MeridianC iv IX. FINDINGS A. Conditional Use Permit Findings (UDC 11-5B-6D: 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 22 EXHIBIT A 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 23 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing: Variance Request from a Department Determination Concerning a Proposed Addressing Change for 2201 E. Gala St. by Orme Family and Implant Dentistry. Mayor Robert E . Simison City Council Members : E NZ!V I IDIAN ..... Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault Luke Cavener Liz Strader January 3 , 2023 Dr . Aaron Orme , DDS Orme Family and Implant Dentistry 2201 E . Gala Street Meridian ID 83642 RE : Notice of Department Determination — Request for Addressing Change 2201 E . Gala Street , Meridian, Idaho Parcel no . R3052170010 Dear Dr . Orme . You are hereby notified that pursuant to its authority under Meridian City Code section 8 - 2 . 4 (A) , the Land Development Division of the Community Development Department has reviewed your request for an addressing change , a copy of which is enclosed . You requested that the City authorize suite designations for the two businesses that are co - located in the building at 2201 E . Gala Street . The Department has determined that your request must be denied , pursuant to Meridian City Code section 8 - 2 - 7 (E) (2 ) (b ) , which reads : Multi- tenant commercial building. When multi -tenants are colocated in a commercial building , there shall be a single address assigned . Suite numbers shall be assigned to each tenant space in accordance with this section . Because there is only one tenant space inside the building located at 2201 E . Gala Street , suite designations may not be assigned to this address . Further , it is the opinion of the Meridian Fire Department that assignment of suite designations to a building with a single tenant space will adversely affect the accurate dispatch of emergency vehicles or delivery of emergency services to this location . In order for the building to contain two suites , you would need to complete a tenant improvement and establish two separate tenant spaces . Alternatively , you may seek a variance from this Department Determination by submitting a written request for a variance to the Meridian City Clerk ' s Office , by 5 : 00 p . m . on Tuesday , January 10 , 2023 . Your request may be delivered to the City Clerk ' s Office at 33 E . Broadway Avenue , Suite 104 , Meridian, Idaho , or you may email your request to cit c�(a ,meridiancit y�org . The request must set forth the specific reasons justifying the variance , including the extraordinary hardship caused by this Department Determination . Further information about the variance process is available at Meridian City Code section 8 - 2 - 11 . A copy of Title 8 , chapter 2 , Meridian City Code , is enclosed for your reference . Thank you for your inquiry . Sin el , Bru r kl on irector, ' mmunity Development Department Encl. (2) ORME FAMIL N( EXPERIENCE • AESTHETICS • EXCELLENCE City Of Meridian Community Development 33 E Broadway Ave , Ste 102 Meridian , ID 83642 All , 21 Dec . We are requesting an address change at 2201 E Gala St . We are requesting the following changes : Orme Family and Implant Dentistry Mountain View Pointe Dental 2201 E Gala St , Suite A and 2201 E Gala St . , Suite B Meridian , Idaho 83642 Meridian , Idaho 83642 There are two separate dental businesses in our building . Having the exact same address with no suite numbers is causing difficulties with the contracting of dental insurance companies . Fee guides are getting dropped or changed which is causing our businesses to lose money . Insurance companies look at locations to determine if we are in - network or out - of- network . When they see a discrepancy , the in - network dentist is being dropped . Insurance companies are continuing to change how they verify in - network and out- of- network and how fee guides are assigned . This has had a direct impact on each of our businesses as these changes are being made . In order for us to continue to not be compromised , a distinction in the address is necessary . This problem is not going to go away and in the future could even cause more issues . Getting contracted with an insurance company can take up to 4-5 months . So when in - network . status changes it can take up to a year to get everything corrected . Again , a direct impact on the company . There will always be two businesses at this location . The current lease agreement is for 10 years . We understand that there is not two separate entrances for each business . The suite numbers are to distinguish each business so that there is no confusion when contracting with insurance companies Please reconsider your decision , Thank you . Aaron Orme , DDS Orme Family and mplant F)) GPnUtsTVy Phone : 208- 947. 5005 Fax : 20 &205 - 8899 & mail : Ormedentistry� gmai ( com 2201 E . Gala St . , Meridian , ID 83642 12/28/22 , 10 : 12 AM Meridian , ID Code of Ordinances CHAPTER 2 . - UNIFORM STREET NAME AND ADDRESS NUMBER CODE & 2 - 1 . - Title . This chapter shall be known as and cited as the " City of Meridian Uniform Street Name and Address Number Code . " ( Ord . 17 - 1737 , 7 - 5 = 2017 ) & 2 - 2 . - Purpose and applicability . This chapter is adopted for the purpose of providing the proper implementation , administration and enforcement of a uniform street name and address number grid system to assist the public , public safety , and emergency services providers in the consistent identification of roadways and property addresses . This chapter shall apply to all lands within the corporate limits of Meridian and Meridian City area of impact incorporated and unincorporated territory as such boundaries shall exist from time to time . ( Ord . 17 - 1737 , 7 - 5 - 2017 ) & 2 - 3 . - Definitions . ACHD means the Ada County Highway District . Address means the combination of an address number and street name that identifies a residence , dwelling , business , structure , industry or other property . Address number means the number assigned to a residence , dwelling , business , structure , industry or other property that is expected to be displayed upon the structure or property for the purpose of property identification to emergency service providers and the U . S . Postal Service , among others . Address subdesignation means the address alpha or numeric sub - designation used to identify individual buildings , units or suites within a common complex . A //eymeans a public or private way affording only secondary means of access to abutting property at the back or side of a property . An alley does not have a street name associated with it . Assessor means the office of the Ada County Assessor . Assessor 's street name and address database means a database to archive streets , street names , addressing grids , and assigned addresses within Ada County which have received official recognition by the Board , Assessor , or a City Council . The database shall be made available for access by the public at reasonable times and in a manner prescribed by the Assessor . abouttlank 1 / 17 12/28/22 , 10 : 12 AM Meridian , ID Code of Ordinances 8 - 2 - 5 . - Delegation and rescission of authority . The Council hereby delegates both responsibility and authority for implementing this chapter to the department . ( Ord . 17 - 1737 , 7 - 5 - 2017 ) 8 - 2 - 6 . - Standards for designation of street names . All new street names shall be established in accordance with the same general standards hereinafter set forth and shall be made a part of the Assessor ' s Street Name and Address Database . A . Standards. The following standards shall be used in determining or approving street names . 1 . Name required. Any street , whether public or private , that provides access to two ( 2 ) or more addressed structures or properties must be officially named according to the provisions of this chapter . 2 . Names to conform . Street names shall generally conform to the recommendations given to the department by the Assessor and other affected jurisdictions . a . Exception . Where the recommendations given to the department differ from the standards set forth in this section , the designation of the street name shall be established in accordance with the standards set forth herein . 3 . Change in direction . If a street makes a very obvious change in direction , as determined by the department , a new street name shall be assigned except as provided for 'U ' shaped streets in this section . Whenever this situation occurs , the change of street name shall occur at the nearest intersection to the point where the direction changes . 4 . Cul- de -sac or dead end streets. The name and posttype given to a cul - de - sac or dead end street depends on the overall length of the cul - de - sac or dead end street , as follows . a . Length of one hundred ( 100) feet or less. A cukde - sac or similar dead end street that has an overall length of one hundred ( 100 ) feet or less ( as measured along its centerline from the centerline of the principal street that it intersects to the point of radius or centroid of the cul - de - sac ) shall carry the same name and the same posttype as the street from which it emerges . b . Length of more than one hundred ( 100) feet. A cukde - sac or similar dead end street that has an overall length of more than one hundred ( 100 ) feet ( as measured along its centerline from the centerline of the principal street that it intersects to the point of radius or centroid of the cul - de - sac ) shall carry a new name and posttype , and must be named in accordance with the provisions herein . 5 . about : blank 3/ 17 12 /28/221 10 : 12 AM Meridian , ID Code of Ordinances 11 . One designation . Where a new street connects or aligns with two ( 2 ) differently named streets , the department shall determine which existing name will be used , giving consideration to the existing streets ' lengths , classifications , and usage . 12 . Posttypes. a . Where a proposed street aligns with an existing street which has an incorrect posttype , the proposed street shall be named with the correct posttype . b . The following posttypes , and no others , shall be attached to the corresponding type of street : ( 1 ) Avenue . A north - south street generally running in a straight line . ( 2 ) Boulevard. A street that is eighty ( 80 ) feet wide or greater and which directional travel is separated by a raised median strip , usually landscaped . The use of this term must be approved by ACH D . ( 3 ) Court. An east -west cul - de - sac or dead - end street . ( 4 ) Drive . A street generally meandering in an east - west direction . ( 5 ) Lane. A private street . ( 6 ) Place . A north - south cul - de - sac or dead - end street . ( 7 ) Road. A designated street which extends through both urban and rural areas . The use of this term must be approved by ACHD . ( 8 ) Street. An east-west street generally running in a straight line . ( 9 ) Way. A street generally meandering in a north - south direction . 13 . Predirection . Every segment of street shall include a predirectional of north ( N ) , south ( S ) , east ( E ) , or west ( W) , based on the street ' s direction of travel and its location relative to the initial point of the addressing grid in which it lies . a . Streets that meander or are diagonal relative to cardinal directions shall be treated as either north - south or east - west streets . Once orientation is established , the most appropriate predirectional shall be used throughout the entire length of street , except as provided for " L " shaped streets in this section . The predirectional will not change even if the street changes direction . b . Numbered streets shall be assigned two ( 2 ) predirectionals . c . Street names shall not contain the words north , south , east or west or any combination or abbreviation thereof; these terms shall be used as predirectionals only . ( Ord . 17 - 1737 , 7 - 5 - 2017 ) 8 - 2 - 7 . - Street address numbering standards . about : blank 5/ 17 12 /28/22 , 10 : 12 AM Meridian , ID Code of Ordinances Multi- tenant commercial building. When multi -tenants are colocated in a commercial building , there shall be a single address assigned . Suite numbers shall be assigned to each tenant space in accordance with this section . c . Strip commercial buildings. Strip commercial buildings shall be assigned one ( 1 ) address number . Unit numbers shall then be assigned in accordance with this section . 3 . Circularstreets. A circular street is one that returns to the same origin point or to the same originating street . Circular streets shall be numbered beginning at the low numbered intersection and continuing to the other end of the street . The outside of the circle is numbered first and the inside is then numbered to coincide with the outside . Numbering sequence of the outside and inside of the circle shall be used throughout the entire length of the street . 4 . Cul- de -sacs. Cul - de - sacs shall be numbered with odd and even numbers on the appropriate sides of the street , in conformance with the standards for odd / even number parity as set forth in this section , and meeting at the midpoint , or the back of the cul - de - sac . 5 . Fractional, alphanumeric orhyphenated addresses. For new addresses , there shall be no use of fractional , alphanumeric or hyphenated address numbers . This prohibition also applies to unit numbers . 6 . Future development. Address numbers shall be assigned in such a manner that adequate numbers are reserved for possible future development or re - subdivision of land . 7 . Individual commercial buildings. Individual buildings shall be given one ( 1 ) address number to the street on which the driveway access is located . 8 . Mobile home parks. Mobile home parks shall be assigned a single address along the street on which the driveway access is located ; and then each space within mobile home parks shall be assigned a space number . 9 . Odd/even number parity. Address numbers located on the north and east sides of a street shall be even numbers . Address numbers located on the south and west sides of a street shall be odd numbers . Diagonal and meandering streets will maintain the chosen parity at origination throughout the entire length of the street regardless of change in direction . For diagonal and meandering streets , parity shall be determined based on the predirectional of the street ' s name . 10 . Private streets. Primary structures accessed from an approved private street shall take the name of said private street and shall be assigned an address number in conformance with this section . 11 . Single - family dwellings. A single -family dwelling shall receive an individual address number in conformance with the Assessor ' s Street Name and Address Database . abouttlank 7/ 17 12/28/22 , 10 : 12 AM Meridian , ID Code of Ordinances Posting address numbers. The owner of each structure shall post the assigned address number in such a manner that it is clearly visible from the street . Address numbers shall comply in all respects with premises identification requirements set forth in both the International Fire Code and Building Code as adopted and / or amended by the City of Meridian . Address numbers must be posted prior to occupancy . ( Ord . 17 - 1737 , 7 - 5 - 2017 ) & 2 - 9 . - Process for naming new streets . A . New street name proposals. 1 . New street names may be proposed only in conjunction with a development or private street application . 2 . New street name proposals may only be submitted by the property owner listed on the associated development application , the property owner ' s authorized representative , or a government agency . 3 . Proposed new street names will be reviewed and may receive preliminary approval in accordance with the process established by the Assessor . 4 . A property owner or their authorized representative may seek a variance of a new street name decision in accordance with the process set forth under this chapter . B . Final approval. 1 . If no circumstances require rescission of the Assessor ' s preliminary approval pursuant to the Assessor ' s established process , final approval of the street name is granted automatically with Council ' s final approval of the associated development or Department Director final approval of the private street application . ( Ord . 17 - 1737 , 7 - 5 - 2017 ) & 2 - 10 . - Changes to existing street names ,$ address numbers . A . Public hearing required. In addition to the process set forth in this section , changing an existing street name or multiple existing address numbers of five ( 5 ) or more , requires an affirmative action of the commission at a public hearing before any change shall take effect . 1 . Notice ofpublic hearing. All affected property owners having frontage on the subject street shall be notified by mail at least thirty ( 30 ) days before the public hearing . Notice shall include the reason for the hearing , and the place , date , and time set for the hearing . B . Changes to existing street names. 1 . Reasons for change . Existing street names may only be changed if the existing name is not in compliance with this chapter and / or the existing name negatively impacts public safety or the delivery of emergency services . about : blank 9/ 17 12/28/22 , 10 : 12 AM Meridian , ID Code of Ordinances emergency vehicles or delivery of emergency services , the date of the original dedication of the street , the number of existing addresses on the street in question , and any other factors pertinent to proposed street name change . f. Notice of commission decision . The department shall mail to all affected property owners having frontage on the subject street written notice of the commission ' s final decision . Such notice shall include notice of the right to appeal the commission ' s decision to City Council in accordance with the requirements of this chapter . The commission decision is deemed final after approval of the findings of facts , conclusions of law , decision , and order . g . ACHD notification . Following entry of a final decision to approve a request to change an existing street name , and expiration of the appeals period or resolution of any pending appeals , ACHD shall be notified of the newly assigned street name according to the Assessor ' s established process to coordinate through ACHD invoicing for all costs associated with production and installation of the new street signs ; remittance shall be to ACHD . 3 . Effective date . No change to an existing street name shall become effective until ninety ( 90 ) days after entry of a final decision to approve a request to change an existing street name , and expiration of the appeals period or resolution of any pending appeals , and ACHD ' s receipt of payment for the new street signs . C . Changes to existing address number. 1 . Process for address number change . Where deemed necessary or desirable , and in accordance with this section , the department may change one ( 1 ) to four ( 4 ) existing address numbers at its own discretion . When five ( 5 ) or more related address changes are deemed necessary or desirable the department shall schedule a public hearing before the commission following the public notice provisions set forth in this section . 2 . Reasons for change . Existing address numbers may be changed only in the following situations : a . The existing address number conflicts with the official address number grid , b . The existing address number conflicts with any of the requirements of this chapter , c . The existing address number is not in sequence and / or does not run consecutively in the same direction as the official address number grid ; d . The existing address number is such that the assignment of address numbers for new development is not practical and in keeping with the addressing standards as set forth in this chapter ; e . When a new street is approved and the existing address must reflect the new street name using the correct numerical range for the new street ; abouttlank 11 / 17 12/28/22 , 10 : 12 AM Meridian , ID Code of Ordinances requirements of this chapter . The commission decision is deemed final after approval of the findings of facts , conclusions of law , decision , and order . b . Effective date . No change to multiple existing address numbers of five ( 5 ) or more related addresses shall become effective until ninety ( 90 ) days after official action by the commission or expiration of the applicable appeal period whichever is longer . 6 . Exigent circumstances; waiver of notice requirements. The department shall have authority to lessen notice requirements in certain circumstances including , but not limited to : a . Imminent initiation of development. The department determines that change of the initial address assigned to building lot is required to comply with the addressing standards as set forth in this chapter and that affecting such change prior to initiation of development I s administratively prudent ; b . Publicsafety. The department determines that circumstances warrant waiver of notice requirements due to public safety concerns ; c . Timely notice . The department shall provide notice in as timely a manner as feasible under the circumstances utilizing any and all available methods of contacting property owner . 7 . Posting date . New address numbers must be posted by the property owner by the effective date . D . Notification to public agencies. The department shall notify certain public agencies of changes of street name or address number within five ( 5 ) working days of the written final decision as determined by the expiration of the appeals period or resolution of any pending appeals . Notification will be provided to affected agencies as determined by the department , including , public health and safety agencies ; United States Post Office ; and utility companies . E . Property owner 's responsibility. At or before such time of the effective date , if the property owner ' s address has changed , the property owner shall complete a change of address form with the United States Postal Service and display the new address number as required by this section . It shall be the sole responsibility of the property owner to notify the property owner ' s banks , creditors , periodicals and any other persons of the new street name and / or address number . ( Ord . 17 - 1737 , 7 - 5 - 2017 ) 8 - 2 - 11 . - Variances and appeals . A . Variances, 1 . Grant of variance by Commission . The standards and requirements of these regulations may be modified or varied by the Commission where the enforcement of the rules hereunder will result in extraordinary hardship ; provided , that substantial justice is done and the public about : blank 13/ 17 12/28/22 , 10 : 12 AM Meridian , ID Code of Ordinances Posting address required. All persons shall post the address number of his property as designated by the City Council and as required by this chapter and all other applicable provisions of law . D . Violation a misdemeanor. Each violation of these regulations shall be a misdemeanor . Each violation for each day it shall continue shall constitute a separate offense , and each violation shall be punishable as provided in Idaho Code § 18 - 113 . ( Ord . 17 - 1737 , 7 - 5 - 2017 ) abouttlank 17/ 17 12/28/22 , 10 : 12 AM Meridian , ID Code of Ordinances That multiple tenants would be required to change their address along with the primary user . ( D ) That the existing address number can be administered and maintained for future development . ( E ) That not assigning a proposed new street name would have substantial negative monetary impact to the property owner . 3 . Process for requesting variance . a . A property owner may seek a variance from a department determination in which the property owner is an affected party by submitting a written request for variance to the City Clerk ' s Office within five ( 5 ) working days of the date of written notification of the department determination . A copy of the notice of appeal shall be provided to the department . b . A request for variance must specifically set forth the reasons justifying the variance including the extraordinary hardship caused by the regulations and decision of the department . c . The department may submit a response to the City Clerk ' s Office and the property owner within five ( 5 ) working days of receipt of the request for variance . d . The City Clerk ' s Office shall schedule the matter for a public hearing before the commission at the first available opportunity and provide notice of the hearing to the parties . e . On the date and time duly noticed for the hearing before the commission , the parties may provide testimony and / or evidence to assist the commission in reaching a decision regarding the requested variance . The commission decision shall be supported by findings of fact and conclusions of law . f. The commission ' s decision shall become final upon its approval of written findings of fact and interpretations or applications of this chapter supporting the decision . g . The City Clerk ' s Office shall mail written notification of the final decision to the property owner . Such notice shall include notice of the right to appeal the commission ' s decision to City Council according to the process set forth in this section . B . Appeals, 1 . Limited right of appeal to Council. The Council may affirm , overturn , or modify a decision by the Commission only where the Commission ' s findings of fact are not based upon substantial evidence or the conclusions of law are erroneous . No new evidence shall be presented on appeal to City Council . The Council shall decide the matter upon consideration of the record of hearing before the Commission . The decision of the Council shall be final . 2 . Appeals process. abouttlank 15/ 17 2/2/23,5:53 PM Meridian, ID Code of Ordinances Extraordinary hardship; findings. An extraordinary hardship maybe found where two (2) or more of the following circumstances exist. j (A) That the property's address has been in common use for twenty (20)years or longer. (B) That the existing address number runs consecutively in the same direction and in parity as indicated on the Assessor's Street Name and Address Database. (C) That multiple tenants would be required to change their address along with the I primary user. (D) That the existing address number can be administered and maintained for future development. i (E) That not assigning a proposed new street name would have substantial negative monetary impact to the property owner. 3. Process for requesting variance. a. A property owner may seek a variance from a department determination in which the property owner is an affected party by submitting a written request for variance to the City Clerk's Office within five (5)working days of the date of written notification of the department determination. A copy of the notice of appeal shall be provided to the department. b. A request for variance must specifically set forth the reasons justifying the variance including the extraordinary hardship caused by the regulations and decision of the department. c. The department may submit a response to the City Clerk's Office and the property owner within five (5)working days of receipt of the request for variance. d. The City Clerk's Office shall schedule the matter for a public hearing before the commission at the first available opportunity and provide notice of the hearing to the parties. e. On the date and time duly noticed for the hearing before the commission, the parties may provide testimony and/or evidence to assist the commission in reaching a decision regarding the requested variance. The commission decision shall be supported by findings of fact and conclusions of law. f. The commission's decision shall become final upon its approval of written findings of fact and interpretations or applications of this chapter supporting the decision. g. The City Clerk's Office shall mail written notification of the final decision to the property owner. Such notice shall include notice of the right to appeal the commission's decision to City Council according to the process set forth in this section. about:blank 2/3 2/2/23,5:53 PM Meridian,ID Code of Ordinances B. Appeals. i { 1. Limited right of appeal to Council.The Council may affirm, overturn, or modify a decision by the Commission only where the Commission's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous. No new evidence shall be presented on j appeal to City Council. The Council shall decide the matter upon consideration of the record of hearing before the Commission. The decision of the Council shall be final. 2. Appeals process. a. A property owner may appeal to Council a final decision of the Commission in which the property owner is an affected party by filing a written notice of appeal with the City Clerk's Office. The appeal shall be filed within five (5)working days of the mailing date of written notice of the Commission decision. A copy of the notice of appeal shall be provided to the department. b. The notice of appeal shall specifically state where the commission erred in the findings of fact and/or the interpretation or application of this chapter. c. A response may be submitted by the department to the City Clerk's Office and the party seeking appeal within five (5)working days of receipt of the notice of appeal. d. The City Clerk's Office shall schedule the matter before the Council at the first available opportunity and provide notice of the hearing to the parties. e. On the date and time duly noticed for the hearing before the Council, each party may make a brief statement supporting its position on appeal. f. The Council shall reach a final decision prior to the conclusion of the hearing on appeals arising under this chapter. The City Clerk's Office shall provide written notification of the Council's decision to the affected property owner. (Ord. 17-1737, 7-5-2017) about:blank 313 O RM E FAM H L & IMPLANT DENTISTRY EXPERIENCE • AESTHETICS • EXCELLENCE City Of Meridian Community Development 33 E Broadway Ave, Ste 102 Meridian, ID 83642 All, 21 Dec. , 2022 We are requesting an address change at 2201 E Gala St. We are requesting the following changes: Orme Family and Implant Dentistry Mountain View Pointe Dental 2201 E Gala St, Suite A and 2201 E Gala St., Suite B Meridian, Idaho 83642 Meridian, Idaho 83642 There are two separate dental businesses in our building. Having the exact same address with no suite numbers is causing difficulties with the contracting of dental insurance companies. Fee guides are getting dropped or changed which is causing our businesses to lose money. Insurance companies look at locations to determine if we are in-network or out-of-network. When they see a discrepancy, the in-network dentist is being dropped. Insurance companies are continuing to change how they verify in-network and out-of-network and how fee guides are assigned. This has had a direct impact on each of our businesses as these changes are being made. In order for us to continue to not be compromised, a distinction in the address is necessary. This problem is not going to go away and in the future could even cause more issues. Getting contracted with an insurance company can take up to 4-5 months. So when in-network status changes it can take up to a year to get everything corrected. Again, a direct impact on the company. There will always be two businesses at this location. The current lease agreement is for 10 years. We understand that there is not two separate entrances for each business. The suite numbers are to distinguish each business so that there is no confusion when contracting with insurance companies Please reconsider your decision._:Thank you. Aaron Orme, DDS� Orme Family and Implant Dentlatry Phone: 208-947-5005 Fax: 208-205-8899 E-mail: Ormedentistry(cDgmail corn 2201 E. Gala St., Meridian, ID 83642 w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Rackham East Annexation and Rezone (H-2022-0085) by Brighton Development, Inc., Annexation located at 1032 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle Rd. and Rezone located at 1074 S. Silverstone Way, south of Interstate 84, northeast of Overland Rd. and Eagle. Rd. Application Materials: https:Hbit.ly/H-2022-0085 A. Request: Annexation of a sliver of property currently zoned RUT in Ada County as part of the overall Eagle View Landing project on 0.143 acres of land with a C-G zoning designation.B. Request: Rezone of 3.938 acres of land from the C-G zoning district to the R-40 zoning district for the multi-family portion of the project previously platted as Lots 18-19, Block 1 of Rackham East Subdivision. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING February 2,2022 Legend DATE: Project Location TO: Mayor&City Council d aw FROM: Stacy Hersh,Associate Planner � � �.�amomoa 208-884-5533 SUBJECT: H-2022-0085 -- , Rackham East Annexation and Rezone --- LOCATION: The Annexation site is located at 1032 S. Silverstone Way, south of 1-84,north of _ E. Overland Rd. and east of S. Eagle Rd., in Section 16,Township 3N,Range IE. The Rezone site is located at 1074 S. ® Silverstone Way, South of 1-84,North of t E. Overland Rd. and S. Eagle Rd.,in Section 16,Township 3N,Range 1 E. I. PROJECT DESCRIPTION Annexation(AZ)of a sliver of property currently zoned RUT in Ada County as part of the overall Eagle View Landing project on 0.143 acres of land with a C-G zoning designation; and a request to rezone 3.938 acres of land from the C-G zoning district to the R-40 zoning district for the multi- family portion of the project previously platted as Lots 18 -19,Block 1 of Rackham Subdivision. A. Project Summary Description Details Page Acreage 0.143-acres(AZ);3.938(RZ) Existing/Proposed Zoning RUT in Ada County and C-G(existing)/R-40(proposed) Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use(s) Commercial(mixed use)and multi-family apartments Proposed Land Use(s) Commercial(mixed use)and multi-family apartments Lots(#and type;bldg./common) 2 buildable lots(1 multi-family& 1 commercial)/0 common lots Phasing Plan(#of phases) N/A Number of Residential Units(type N/A of units) Physical Features(waterways, The Ridenbaugh Canal runs along the east boundary of the hazards,flood plain,hillside) site. Neighborhood meeting date;#of 10/12/2022—0 attendees attendees: History(previous approvals) Rackham East/Eagle View Apartments AZ,CUP,PP H- 2021-0075,Development Agreement(2022-026383);CZC Pagel Description Details Page Eagle View Landing Apartments(A-2022-0047);Power Engineer's Office Building(Building 5)(A-2022-0059); Rackham East(PBA-2022-0009) B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action No es/no Access One access is proposed via S.Rolling Hill Dr. from E. Overland (Arterial/Collectors/State Rd.to the south,and two driveways will provide access from the Hwy/Local)(Existing and commercial development to the west via S. Silverstone Way from Proposed) E. Overland Rd. (a signalized intersection exists at Silverstone/Overland) Traffic Level of Service All road segments are projected to meet ACi acceptable level of service(LOS)thresholds for a 5-lanes principal arterial road under all conditions,except for during the PM peak hour for the segment of Overland Road between Eagle Road and Silverstone Way and Rolling Hill Drive under the 2023 total traffic conditions. Stub Two(2)driveways will be extended into the site from the west Street/Interconnectivity/Cro boundary. S.Rolling Hill Dr.will stub at the southern boundary of ss Access the site. Existing Road Network S.Rolling Hill Dr.,a local street,extends from the south from Overland Rd.to the north boundary of the site. Existing Arterial Sidewalks There are no existing arterial streets on or abutting this site. /Buffers Proposed Road Capital Improvements Plan(Cli Integrated Five Year Work Plan(IFYWP): Improvements The intersection of Overland Road and Eagle Road is scheduled in the CIF to be widened to h 7-lanes on the north and south legs, and 8-lanes on the east and west legs, and reconstructedfsignalized in the future.The design year is listed as 2025 in the I FYWP antl the is listed tote improved between 2031 and 2035, • Overland Road is listed in the CIP to be widened to 7-lanes from Eagle Road to Cloverdale Road between 2036 and 204C and is listed as unfunded. The intersection of Cloverdale Road and Overland Road is listed in the CIP to be widened to 7-lanes on the north and south legs and 13 lanes on the east and west legs and signalized between 2026 ani Wastewater • Project Consistent with WW Master • Flow is committed Plan/Facility Plan Water • Water Quality Concerns See application • Project Consistent with Project is consistent with the Master Plan Water Master Plan If a well is located on the site it must be abandoned per regulatory requirements and proof of abandonment must be provided to the City.A well can be used as a year-round source or as backup to the PIRR system.In which case it does not need to be abandoned. Note that the existing wells)must be disconnected from any buildings that remain with verification of disconnect by Meridian Public Works Department. Page 2 1 1 1 'N IN a '� 84 84 D OVERLAND _ O,VERCAND` I I � . i1�.1� r♦ F � 1 � • ' � ;-kE- w 1 1 � t ' All No IL.1.::::.,.�.. ---noon.:.•..\�.: •�■1 � 'Y ....n1111111111111111 ♦ �`�. .: " •l.•'•'� •.. � ..' - • - • T� - • - • III NKL--IN IN ■ o unol° ®�i = �84 � 84U . — NO son ' ■■■■�■ OVERL--AND OVERLAND- _! r■ .���r_� i ��,�,�,w _ nn. • -- .....,�, 11• ■ ■I �� non.:�•�����: _ .11111111 11.' u i 1=�1 Q� ■ ���.��----.111111_�,.1.,,�.,, C. Representative: Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 II. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in newspaper 1/18/2023 Notification mailed to property owners within 500 feet 1/12/2023 Applicant posted public hearing notice on site 1/20/2023 Nextdoor posting 1/13/2023 III. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use—Regional(MU-R). The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential, and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3-17). The Applicant is currently developing the site with office(and possibly some secondary retail uses) and multi-family residential uses. The site is located near S. Eagle Rd. and E. Overland Rd.,a major arterial intersection, and the Eagle Rd./I-84 interchange. The offices provide nearby employment opportunities and services for residents in the vicinity. Other commercial uses (offices, entertainment, multi-tenant retail,hotel, etc.) exist to the west in the larger MU-R designated area for a larger mix of uses as desired in MU-R designated areas. Pedestrian walkways are proposed for interconnectivity within the overall area. Annexation and Rezone: The proposed annexation is for a sliver of property on 0.143-acres of land with a C-G(General Retail and Service Commercial)zoning designation. The out parcel along the northern boundary of the site was owned by a third party and not part of the Development Agreement(#2022-026383). During the Public Hearing process for this development,the Applicant placed the out parcel under contract; the property has now been acquired and included in the overall Eagle View Landing project. City Staff requested that the Applicant request R-40 zoning for the multi-family portion of the development to more accurately reflect the uses developed on this site when looking at the City's zoning map. Ultimately,the project was approved with a C-G zoning designation for the multi-family portion of the development. Both the office buildings and multi-family development are currently under construction at this time and were approved with Certificate of Zoning Compliance and Design Review Applications (A-2022-0047,A-2022-0059,A-2022-0118). A condition of approval of the Rackham East Subdivision/Eagle View Landing project required the Applicant to annex the out- parcel along the northern boundary of the site and rezone the western C-G zoned portion of the Page 4 multifamily development to R-40 within one(1)year of recordation of the Development Agreement. This application request is to initially ensure a clean-up of the zoning for these sites. The City may require a development agreement(DA)in conjunction with annexation and rezone pursuant to Idaho Code section 67-6511A.Because there is already an existing DA in effect for this property and the proposed development is in compliance with the DA, Staff does not recommend a new DA or changes to the DA with this application. IV. DECISION A. Staff: Staff recommends approval of the requested annexation and rezone with the provisions noted in Section VI,per the Findings in Section VII. Page 5 V. EXHIBITS A. Annexation Legal Description& Exhibit Map km E N G I N E E R 1 14 q December 15,2022 Project No.:20-219 Exhiblt A Legal Description for Annexation Eagle Thew Landing A parcel of land being a portion of the Northwest 1/4 of the Southeast 1/4 of Section 16,Township 3 North,Range 1 East,9_A4.,Ada County,Idaho being more partiCularlydescribed as follows: CDmmendng at an aluminum cap marking the Center 1/4 comer of said Section 16,which bears NDO'05'15"W a distance of 2,653,59 feet from a brass cap marking the South 114 corner of said Section 16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4,500°05'15"E a distance of 227.22 feet to a 5/$-inch rebar on the Southerly right-of-way line of Interstate 84; Thence leaving said westerly line and to flowing said southerly right-of-way line,S89°34'32"Ea distanoe of 672.76 feet to the PRINT OF BEGINNING. Thence foI lowing said southerly right-of-way,589'34'32"E a dista nce of 482.59 feet to the centerline of the Ride nbaugh Canal and the boundary of Ironwood Subdivision No.3(Book 77 of Plats at Page K9$, recordsof Ada[ounty,Idaho) Thence fo I lowing said centerline and said boundary,S12'52'54 W a distanceof 17.45feet; Thence Leaving said centerline and said boundary,NWIS'23"Ill+a distance of 478.72 feet to the Northeast corner of Lot 16,81ock 1 of Rolling hill Subdivision(Beak 1$of PIat5 at page 1202,records of Ada County,IdahoM; Thence NOT00'07"+N a distance of 24.37 feet to the POINT OF BEGINNING. Said parcel contains a total of 7,551 square feet,more or Jess. Attached hereto is Exhibit B and Icy this reference is made a part hereof. ,,12459, 5725 Horth Discovery Way•Boise,Idaho B37L3•248,Q39.5939 km6ngllp.com Page 6 POINT OF COMMENCEMENT FOUND ALUMINUM CAP CeN7ER 114 CORNER SECTION 16 50,105,15,E 227.22' ME) Interstate 84 589'34'327 POINT or BVA Eagle View Office No.5,LLC 672.76' (PIE) nCGINNING Portion ofAPN R7555000165 R S69'34'32"� 4-82,59' c n l N89 15'23 478.72' g raj i Unplatted Annexation Area:7,551±5F ,n M o I UnpIstted Cente rune of the in Ridenbaugh Canal y l Ralling Hill i Subdivision LINE TABLE l OKI! PEAMNC6 biSTANCE Q 0 912'52'54"W 17AS L2 N0900'07"W 14 37 I E. Overland Ind. N FOUND BRASS CAP SOUTH 1/4 CORNER SECTION 16 p Tad 200 300 Plan 5cale:T"=lw Legend FOUND ALUMINUM CAP FOUNn 8PASS CAP FOUND 5/8—INCH REBAR a CALCULATED POINT ANNEXATION BOUNDARY LINE x ADJACENT LOT -INE P — — — SEC1l4N LIME a ENGINEERING "� RIGH7--OF—WAY LINE 3773 noRTK A E wnr PAG nr.HO 9 E, FK] 3713 HP6NE�211eI 63�-15939 Exhibit D-Annexation sue" Eagle View Landing � ti4TL Drcemtcr 2JI2 PROJECT: 2o-279 M SHEET; A Portion of the NW 1/4 of the 5L 1/4 of Section 16 1 OF 1 T3N., R1E., B.M.,Ada County,Idaho Page 7 B. Rezone Legal Description& Exhibit Map km E N a I H E E R i H G November S.2022 Project No.2CQ 19 Exhibit A Legal Description far Rezone to R-40 Rackham Subd'nrisiori A parcel of land being lots 18 and 19,Block 1 of Rack hem Subdivision(Book 120 of Plats at Page 18,582- 18,588,recards of Ada County,Idaho)situated in a portion of the Northeast 1/4 of the Southwest 1/4 of Section 16,Township 3 North,Range 1 East,BW-,Ada County,Idaho being mare particularly described a follflws: CommericIng at an Blur»inum cap marking the Center 1l4 corner of said Section 15,which bears NOa'05'15'W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section 15,ttrefloe fallowing the easterly line of said Northeast 1/4 of the Southwest 1/4,5W0-V15"E a distance of 550.45 feet to a 5J8-Irich rebar on the easterly subdivision boundary of Rackham Subdivision and being the POINT OF BEGINNING. Thence fallowing said easteriy line,500%)Y15"E a distance of 676.35 feet to an aluminum cap marking the Center-South 1/16 corner of said Section 16 and being on the southerly line of Said NorEh east 1/4 of the Southwest 1/4 of said Section 16 Thence leaving said easterly line and following said southerly line,N89°1d'111rVd a distance of 27$.91 feet to a 5/8-inch re bar on the westerly line of Lot 18 of Rackham Subdlvlslon; Thence leaving said southerly line and following said westerly line,NOW45'10"E a distance of 574.11 feet to a 5/8-inch rebar on the northerly line of Lots 18 and 19,Block 1 of Rackham Subdivision; Thence leaving said westerly Ilne and following said northerly line,N69'57S9"E a distance of 287.72 feet to the POINT GF BEGI VNINts. Said parcel of land contains a total of 3.968 acres,more or less.Said parcel of land is now a portion of Parael"C'as shown on Record of Survey No-13491,records of Ada County,Idaho_ Attached hereto Is Exhibit B and by this reference is made a part hereof. C'I rE 12 459 0 9725 North 6isrovery Way.Colse,Idaho 91713+2da.M 6919+ kmenglip-com Page 8 POINT OF WMVENCEkAENT FOUND ALUMINUM CAP CENTER 1/4 CORNER SECTION 16 �I in d v1 c �4 R� o Pareef'fb" b i RDS No.13491 Fy01N7 OF �EGF14 2s7 m 3: L - 'n rn n us o proposed z I .4 Zoning;R-40 c > wLn 0 r Parwl o Parcel"{• p °C vi Lr) R7319431995 g ROS N4-134g1 o O � 4 G B � CENTER-50VTH 1/16 CORNER S=N 18 $ FOUND ALUMINUM CAP _ 278,91' M891 14111"W Rolling HIII ' Jeweluhdivlsion Subdlulslan FOUND BRASS W SOUTH 1f4 CORNER SIEGTION 16 0 200 400 50a , kmPlan Scale:1^=20Q' e4GIWERItINn 573514OA1F+D1pCVV YWAf WEE laiF003713 PHONE{d 5'A-N339 Exhibit 13-Rezone to R-44) Rar-kham Subdivision 04TL Hwe+7sr P422 SHEET- Lots 18 and 19,Block f of Rack ham Subdivision situated in the 1 OF I NE 1f4 of the 5W 1J4 of Sec. 15,T3N-,R1E-,B-M.,Ada County,Idaho Page 9 I I r ' - IMEAAAIE 1N11 NSl nSI - - 84 _ F• R-3U ti 1 Page VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Development of the subject property shall be generally consistent with the preliminary plat, landscape plan,phasing plan, conceptual development plan,pedestrian circulation plan,and conceptual building elevations submitted with the recorded Development Agreement(2022- 026383) and the Certificate of Zoning Compliance and Design Review(A-2022-0047;A- 2022-0059; A-2022-0118; PBA-2022-0009). B. PUBLIC WORKS 1. Site Specific Conditions of Approval 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. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. Page 11 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 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. 2.19 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. 2.20 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. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. Page 12 2.22 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. 2.23 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. D. POLICE DEPARTMENT No comments at this time. E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancioy.orkIWebLinkIDocView.aspx?id=285788&dbid=0&repo=MeridianC i &cr=1 F. ADA COUNTY DEVELOPMENT https:llweblink.meridiancit E.org/WebLink/Doc View.aspx?id=285790&dbid=0&repo=MeridianC hty G. ADA COUNTY HIGHWAY DISTRICT(ACHD) No comments at this time. VII. FINDINGS A. Annexation and 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; Staff finds the proposed zoning map amendment to C-G and R-40 is consistent with the Comprehensive Plan and the MU-R FL UM designation. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment will allow for the development of a mix of office and multi family residential uses which will assist in providing for the service needs of area Page 13 residents consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Stafffinds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 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 the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Stafffinds the proposed annexation and rezone is in the best interest of the City, if the property develops consistent with the recorded development agreement noted in section VI.A. above. Page 14 V IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for ESI Office Building CUP H-2023-0002 by BVA Developoment, located at 1044 S. Silverstone Way, South of 84 halfway between Eagle Rd. and Cloverdale Rd. Application Materials: https:Hbit.ly/H-2023-0002 A. Request: Conditional Use Permit to exceed the maximum building height listed in UDC 11-2B- 3A.3 of 65 feet for the C-G zoning district to allow an average elevation of 84 feet with screen walls extending 97 feet above grade. v PUBLIC HEARING-S-IGN IN SHEET DATA: February 2, 2023 ITT # ON AGENDA: 9 PROJECT NAME: ES1-Office Building CUPJ,I-2023-0002 Your Full Name ------Your Full Address- - Representing I wish to testify j (Please Print) HOA? (mark X if yes) If yes, please provide HOA name { 1 i i 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING February2 2023 L=C M 1 Legend DATE: T RU Project Location TO: Planning&Zoning Commission �R�1�.' R-2 FROAM: Stacy Hersh,Associate Planner BRUT 208-884-5533 C-G SUBJECT: H-2023-0002 ESI Office Building CUP RUT R-1 C OCATION: 1044 S. Silverstone Way, South of 84 halfway between Eagle Road and Rf1 R-1 RUT Cloverdale Road,in Section 16, C-G Township 3N.,Range IE. (Parcel #R7555000285) R-15 C-G R-15 R-1 B R-40 R-15 R'z8� Rail A I. PROJECT DESCRIPTION Conditional Use Permit to exceed the maximum building height listed in UDC 11-2B-3A.3 of 65 feet for the C-G zoning district to allow an average elevation of 84 feet with screen walls extending to 97- feet above grade. A. Project Summary Description Details Page Acreage 6.38 acres Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Under construction for an ESI Office Building CZC,DES A-2022-0118 Approved. Proposed Land Use(s) ESI Office Building Current Zoning General Retail and Service Commercial District(C-G) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date 1/17/2023 r History(previous approvals) AZ,PP,CUP,ALT(H-2021-0075, DA Inst.#2022- 026383;ROW Vacation(H-2022-0018);PBA-2022-0009; ESI Office Building CZC,DES,ALT(A-2022-0118) Page 1 II. APPLICANT/OWNER INFORMATION A. Applicant: Hallie Hart, BVA Development— 1144 S. Silverstone Way,Meridian,ID 83642 B. Owner: Thomas Ahlquist, BVA Development— 1144 S. Silverstone Way, Meridian ID 83642 C. Representative: Tonn Petersen,BVA Development—2775 W.Navigator Drive, Suite 220,Meridian,ID 83642 111. NOTICING Planning& Zoning Commission Posting Date Notification published in newspaper 1/18/2023 Notification mailed to property owners within 500 feet 1/13/2023 Applicant posted public hearing notice on site 1/23/2023 Nextdoor posting 1/13/2023 IV. COMPREHENSIVE PLAN ANALYSIS This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3-17). This site is part of a much larger mixed-use designated area that contains a wide variety and mix of uses as desired in MU-R designated areas. The Applicant is currently developing the site with a commercial office building,which is a desired use in the MU-R designation. The proposed use is listed as a principal permitted use in the C-G zoning district in UDC Table 11-2B-2. V. UNIFIED DEVELOPMENT CODE ANALYSIS A Conditional Use Permit is requested to exceed the maximum building height listed in UDC 11-2B- 3A.3 of 65 feet for the C-G zoning district to allow an average elevation of 84-feet with screen walls extending to 97-feet.See application narrative for more information. The original design of a 74-foot tall, 5-story, 145,000 square-foot office building with 372 new parking stalls were approved through CZC,Design Review, and Alternative Compliance(A-2022- 0118). To obtain Alternative Compliance through UDC 11-2B-3A.3 to add additional height,a minimum of 10%of building square footage open space was required and 15,346 square-feet was Page 2 provided as courtyards and usable outdoor space. The open space that was approved with CZC(A- 2022-0118)for Alternative Compliance exceeding the minimum landscaping requirements will remain with this application request. The Applicant is proposing"Office Building#4"at Eagle View Landing to be six(6) stories with approximately 29,000 square-feet of floor space per floor totaling 174,000 square-feet overall. The Applicant believes that the proposed height is compatible with other uses in the Vicinity. Building#5 is adjacent to Building#4 to the east,which has an overall building height of 74-feet with screen walls extending to 87-feet above grade. Top Golf is located directly to the west with poles and nets that extend approximately 156-feet in height above grade. The building footprint will remain intact as approved by the CZC,the only addition is that of the sixth floor. The proposed modifications to the square footage of the building require 348 parking stalls per UDC 11-3C-6, 372 stalls are provided. Staff believes this is an appropriate location for a building of this height since it is adjacent to the freeway and located near other employment and entertainment uses. The Fire Dept. has the following comments on this application as follows: `A FARS system will be required for the structures per Appendix L of the 2018 IFC and City Code. A full fire plan review will need to be completed, as well as, a secondary access shall be provided for this site." VI. DECISION A. Staff: Staff recommends approval of the conditional use permit with the conditions noted in Section IX below. Page 3 YrKrYv xc:,�ex,nrla+v�..Y:ar_crnxnoYs� [ ii �[ MEN k � �_ III ■■■ _- INS Hill Yr YYYYYYY. +! IFUM NO 71 I Y�Y ...p i� —Y— _'_� Y � 1�, "il 11 1 111 li 1,•177N. l� M m B. Building 1 Terrell czci Oushing Page 5 �■Yr■■YYi iY ■■ 11■■ 1■■ 1■■ 1■■ 1■C s a a :■■■■■■■■■ �■ ■■■w ■■■■■■■■a: ::::i■■■■■ ■ ■■■■■ ■■■■■■■■■i :__ 1■■ 1■■ 1■■ I r� ,�!lIIIl� �■a 1■■ 1■■ w ::e 0 moi ii�ii�iiwi ii■■■■ � �■......... G 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[AZ,PP, CUP,ALT(H-2021-0075, DA Inst. #2022-026383; ROW Vacation(H-2022-0018);PBA- 2022-0009; ESI Office Building CZC,DES,ALT (A-2022-0118). 2. The proposed structures shall not exceed an average elevation of 84-feet with screen walls extending to 97-feet. 3. 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 structures 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. 6. 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 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 I 1-313-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Page 6 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. hi 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. 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 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. 16. 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. 17. 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 htip://www.meridianciiy.orgZpublic_works.aspx?id=272. 18. 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 Page 7 Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=287029&dbid=0&repo=MeridianC ky 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 use if the increase in building height request is approved. 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 commercial office project with an increased maximum building height will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IX 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 although the building heights will be taller, 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 IX of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. 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. Page 8 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 9