Loading...
HomeMy WebLinkAbout2023-03-02 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, March 02, 2023 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT Commissioner Nathan Wheeler Commissioner Maria Lorcher Commissioner Patrick Grace Commissioner Enrique Rivera Commissioner Jared Smith Commissioner Andrew Seal ABSENT Commissioner Mandi Stoddard ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved 1. Findings of Fact and Conclusions of Law for Wienerschnitzel CUP (H-2022-0074) 2. Approve Minutes of the February 16, 2023 Planning and Zoning Meeting Motion to approve the consent agenda as is made by Commissioner Wheeler, Seconded by Commissioner Lorcher Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 3. Public Hearing: Variance Request from a Department Determination Concerning a Proposed Addressing Change for 2201 E. Gala St. by Orme Family and Implant Dentistry Continued to March 16, 2023 Motion to continue made by Commissioner Smith, Seconded by Commissioner Rivera Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal 4. Public Hearing for Artisan Victory Market (H-2022-0066) by Kindi Moosman, Horrocks Engineers, Inc., located at 2820, 2910, 2960, 2990 and 3020 S. Eagle Rd. Continued to April 6, 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 132 units on approximately 13.6 acres in the R-15 zoning district. Motion to continue made by Commissioner Smith, Seconded by Commissioner Lorcher Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal 5. Public Hearing for Promenade Cottages Subdivision (H-2022-0013) by Steve Arnold, A-Team Consultants, located at 403 E. Fairview Ave. Continued to April 20, 2023 A. Request: Rezone approximately 6.819 and 03.26 acres of land from the R-8 and C-G zoning districts to the R-40 (6.61 acres) and C-G (0.535 acres) zoning districts. B. Request: Preliminary Plat consisting of 30 single-family residential lots, 5 multi-family lots, 2 commercial lots and 8 common lots on 7.64 acres of land in the requested R-40 and C-G zoning districts. C. Request: Conditional Use Permit to construct a 90-unit, multi-family development on approximately 2.8 acres in the requested R-40 zoning district. D. Request: Conditional Use Permit to construct single-family, detached dwellings on the 10 of the 30 single-family residential lots in the requested R- 40 zoning district. E. Request: Conditional Use Permit to allow the existing, non-conforming parking, landscaping and mobile home park to remain as is for an extended period of time in the C-G and requested R-40 zoning districts. Motion to continue made by Commissioner Smith, Seconded by Commissioner Rivera Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal 6. Public Hearing for Newkirk Neighborhood (H-2022-0088) by Conger Group, located at 4250 W. Franklin Rd. Recommend Approval to City Council, scheduled for March 28, 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 Recommend Approval to City Council made by Commissioner Wheeler, Seconded by Commissioner Grace Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal 7. 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. Recommend Approval to City Council, scheduled for March 28, 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 Recommend Approval to City Council made by Commissioner Smith, Seconded by Commissioner Rivera Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal 8. Public Hearing for Paris In-Home Daycare (H-2022-0093) by Paris Brower, located at 2239 W. Fairwood Dr. Approved A. Request: Conditional Use Permit for a group daycare of up to 12 children on 0.36 acres of land in the R-4 zoning district. Motion to approve made by Commissioner Wheeler, Seconded by Commissioner Smith Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal ADJOURNMENT 7:33 P.M. Meridian Planning and Zoning Meeting March 2, 2023. Meeting of the Meridian Planning and Zoning Commission of March 2, 2023, was called to order at 6:03 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Nate Wheeler, Commissioner Maria Lorcher, Commissioner Patrick Grace, Commissioner Enrique Rivera and Commissioner Jared Smith. Members Absent: Commissioner Mandi Stoddard. Others Present: Joy Hall, Kurt Starman, Bill Parsons, Stacy Hersh and Dean Willis. ROLL-CALL ATTENDANCE X_ Nate Wheeler X Maria Lorcher Mandi Stoddard X Patrick Grace X_ Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: Good evening. Welcome to the Planning and Zoning Commission meeting for March 2nd, 2023. And 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 on Zoom. We also have staff from the City Attorney and Clerk's Offices, as well as the 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 and talk 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 process questions during the meeting, please, e-mail cityclerk@meridiancity.org and they will reply as quickly as possible. With that we will begin with roll call. Madam Clerk. ADOPTION OF AGENDA Seal: First item on the agenda is the adoption of the agenda. Let me see. File No. 2022- 0066 for Artisan Victory Market. The variance requests from a department determination concerning a proposed address change for 2020 --2201 East Gala Street by Orme Family and Implant Dentistry. And File No. 2022-0013 for Promenade Cottages will be open for the sole purpose of continuing to the regularly scheduled meeting. If anybody is here tonight to testify for those applications we will not be taking testimony on them. Can I get a motion to adopt the agenda as amended? Wheeler: So moved. Smith: Second. Meridian Planning&Zoning Commission March 2,2023 Page 2 of 30 Seal: It's been moved and seconded to adopt the agenda. All in favor say aye. Opposed nay? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Findings of Fact and Conclusions of Law for Wienerschnitzel CUP (H- 2022-0074) 2. Approve Minutes of the February 16, 2023 Planning and Zoning Meeting Seal: Next item on the agenda is the Consent Agenda and we have two items on the agenda. First is to approve the minutes of the February 16th Planning and Zoning Commission meeting, as well as Findings of Facts, Conclusions of Law for the Wienerschnitzel CUP, H-2022-0074. Can I get a motion to accept the Consent Agenda as presented? Wheeler: So moved. Seal: Do I have a second? Lorcher: Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor say aye. Opposed nay? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: At this time I would like to briefly explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to our Comprehensive Plan and the Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond -- 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 a presentation for the meeting, it will be displayed on the screen and you or the Clerk will run the presentation. If you have established that you are speaking on behalf of a larger group, like an HOA, where others from that group will allow you to speak on their behalf, you will have up to ten Meridian Planning&Zoning Commission March 2,2023 Page 3 of 30 minutes. After all those who have signed up in advance have spoken we will invite any others who may wish to testify in Zoom or in Chambers. On Zoom if you are listing on multiple devices, such as a computer and a phone, please, be sure to mute the extra devices, so we do not experience feedback and we can hear you clearly. When you are finished, if the Commission does not have questions for you, you will return to your seat in Chambers or be muted in Zoom and no longer have the ability to speak. Please remember we generally do not call on you a second time. After all testimony has been heard the applicant will be given another ten minutes to come back and respond. When the applicant is finished responding to questions and concerns we will close the public hearing and the Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to City Council as needed -- needed. ACTION ITEMS 3. 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: So, at this time I would like to continue the public hearing for the variance request from a department determination concerning a proposed addressing change for 2201 East Gala Street by the Orme Family and Implant Dentistry. Can I get a motion to continue the variance request to March 16th, 2023? Smith: So moved. Apologies. So moved. Seal: Okay. Do I have a second? Wheeler; Second. Seal: It's been moved and seconded to continue the variance request from a department determine -- determination concerning a proposed addressing change for 2201 East Gala Street by Orme Family and Implant Dentistry to the date of March 16th, 2023. All in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. 4. Public Hearing for Artisan Victory Market (H-2022-0066) by Kindi Moosman, Horrocks Engineers, Inc., located at 2820, 2910, 2960, 2990 and 3020 S. Eagle Rd. 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. Meridian Planning&Zoning Commission March 2,2023 Page 4 of 30 C. Request: Conditional Use Permit for a multi-family development consisting of 132 units on approximately 13.6 acres in the R-15 zoning district. Seal: I would like to open -- open the public -- or open the public hearing Item H-2022- 0066 for Artisan Victory Market. Can I get a motion to continue H-2022.-0066 to the date of April 6th, 2023? Smith: So moved. Lorcher: Second. Seal: It's been moved and seconded to continue File No. H-2022-0066 to the date of April 6, 2023. All in favor say aye. Opposed nay? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. 5. Public Hearing for Promenade Cottages Subdivision (H-2022-0013) by Steve Arnold, A-Team Consultants, located at 403 E. Fairview Ave. A. Request: Rezone approximately 6.819 and 03.26 acres of land from the R-8 and C-G zoning districts to the R-40 (6.61 acres) and C-G (0.535 acres) zoning districts. B. Request: Preliminary Plat consisting of 30 single-family residential lots, 5 multi-family lots, 2 commercial lots and 8 common lots on 7.64 acres of land in the requested R-40 and C-G zoning districts. C. Request: Conditional Use Permit to construct a 90-unit, multi-family development on approximately 2.8 acres in the requested R-40 zoning district. D. Request: Conditional Use Permit to construct single-family, detached dwellings on the 10 of the 30 single-family residential lots in the requested R40 zoning district. E. Request: Conditional Use Permit to allow the existing, non- conforming parking, landscaping and mobile home park to remain as is for an extended period of time in the C-G and requested R-40 zoning districts. Seal: We will open the public hearing for Item No. H-2022-0013 for Promenade Cottages Subdivision. Can I get a motion to continue File No. H-2022-0013 to the date of April 20th, 2023? Smith: So moved. Meridian Planning&Zoning Commission March 2,2023 Page 5 of 30 Rivera: Second. Seal: It's been moved and seconded to continue file H-2022-0013 to the date of April 20th, 2023. All in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. 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: All right. Now I would like to open the public hearing for File No. H-2022-0088, Newkirk Neighborhood, and we will begin with the staff report. Parsons: Thank you, Mr. Chair, Members of the Commission. The first item on the agenda tonight is the Newkirk Neighborhood. This has been continued a few times, so I'm glad we are --we are finally here in front of you and I'm happy to see a full Commission tonight. It's -- it's been awhile, so welcome -- welcome to the show tonight, everyone. The applications before you tonight is annexation and preliminary plat. The subject property consists of 21.06 acres of land, currently zoned RUT in Ada county and generally located a quarter mile east of Black Cat Road, north side of West Franklin Road. Physical address is 4250 West Franklin Road here and you can see that on the map here. It -- it actually takes frontage off of Franklin Road with that 50 foot sliver of property and I will - - I will touch on that a little bit more as I get in my presentation. You can see here that on the future land use map the -- the subject property is designated medium high density residential in our Ten Mile Interchange Specific Area Plan and with that particular designation comes certain requirements. One of your roles as a Commission is to find consistency with the comp plan. As you read the staff report getting prepared for tonight's hearing, you probably saw that staff had brought up quite a few concerns in the staff report about some of the design elements that are required as part of that Comprehensive Plan analysis. We have met with the applicant several times and -- and let them know that as -- as this body knows, the comp plan is a guide and certainly when we are looking at projects they are case by case and we have to look at the area holistically and see what else has occurred in the area as part of that discussion and -- and deliberation tonight. So, I just at least wanted to plant that seed with all of you that this area is part of a larger medium high density residential -- residential designated area, but just for illustrative purposes I thought it was important just to help educate you on some of the things that staff does when we analyze a project. So, you know, your-- your job is to find consistency with the plan and the code and our job is to access an application and find - - and do the same thing. We are all -- we are all on the same page rowing in the same direction if you will and so as I mentioned to you, this particular plan property is an MHDR Meridian Planning&Zoning Commission March 2,2023 Page 6 of 30 designation and so the graphic on the left is -- represents some of those design elements that we have to look for. It points us to what pages in the Comprehensive Plan we need to focus on and analyze as we do our review of an application in this area. Those green dots that you see there is what we analyzed in the staff report and what we highlighted in the staff report is what we felt was missing as part of the application. Now, keep in mind a lot of the elements that are on this plan are encompassed in the comp plan. For example, density. This particular property does require a density of eight units to the acre -- well, sorry. A target density of 12 units to the acre, with densities ranging between six and 15 and so when you have competing interests of density competing with design concepts sometimes those don't always mesh and so that's why I really wanted to bring that to your attention tonight and kind of daylight that issue with you. You can see here on the graphic at the right we anticipate heights of one to three stories. The plan does not speak to height in feet in that way. The plan really does speak to stories and that really comes down to how you design a structure. It also mentions that porches and garage -- should be the dominant design feature and not necessarily garages and as I get into my presentation you will -- you will notice that some of the elevations are garage dominated and, then, predominantly a project should have alley loaded project. Now, where we kind of get a little difference in -- between the comp plan and the -- the zoning district that they are requesting is the comp plan -- Comprehensive Plan does want a mix of housing types and so does the zoning district that they are --they are requesting; right? So, I think that is a good thing as part of this project. Like anything, we want to make sure we look at the long-term viability of this project, because it's something that we live with as a community forever and ever. But at least I just wanted to highlight that with you. So, again, when we -- when we tailored the staff report to you we did find consistency with a lot of the elements of the plan and that's why we did recommend approval. But we did want to at least bring to your attention that there are certain design elements that -- that need to be looked at as part of the plan. Now, certainly if the -- as this body you have -- you will have to make that finding if it is consistent and if you agree with some of the discussion that we have tonight certainly I would encourage you to include that in your motion, some of the elements you don't think the applicant needs to comply with. Again, this is a guide. We try to get consistency as much -- as close as we can. Not every project gets there, though. So, again, the applicant's here. They are requesting a TN-R zoning district. Again that specific zone does require two -- a minimum of two residential products. This particular project will have the attached product, the alley load townhome product -- product and, then, it will also have a multi-family component. The other unique thing about a TN-R -- TN-R zone is that multi-family is principally permitted. So, although you will see a lot of details on the plans tonight for the multi-family development, a lot of the open space amenities and even the site design and elevations will be more scrutinized at the staff level design review process. I just wanted to make you aware that there is a little difference nuance with the TN-R zone and if you look at the Comprehensive Plan and this designation in particular, TN-R is the best aligned zoning designation for that -- this particular site as well. So, we have density that aligns. We have road networks that align. We have product mix that aligns. Again, it really comes down to whether or not front porches and you want more alley loaded product as part of this design element is probably the best way to couch it to you this evening. So, you can see here -- here is the proposed preliminary plat. The applicant is proposing 63 lots. Forty-four of those will be Meridian Planning&Zoning Commission March 2,2023 Page 7 of 30 the attached product, which is along the perimeter here up against the railroad tracks and adjacent property subdivision that was approved recently, the Aviation Subdivision. Then you have some internal lots here and here are the alley loaded products, which will have 18 of those townhome lots and, then, the one large multi-family lot here that will have 200 plus multi-family units In the future. As you are aware in the staff report there were a number of stub streets stubbed to this property and you typically -- our policies require stub streets to be extended, along with ACHD. At the time that we had drafted the staff report, ACHD was recommending that all stub streets be extended and that this Zimmerman Lane, this sliver of property that touches Franklin, be extended as part of this development. This afternoon we -- we had -- the applicant, myself, met with ACHD staff. ACHD did require additional information in order to determine whether or not that was a necessary connection to Franklin. I report to the Commission tonight that I did receive an e-mail from Christy Little at ACHD and she actually -- the applicant did provide the additional information and, therefore, ACHD found that the applicant's traffic study did not -- did support -- or confirm that an additional access using Zimmerman Lane was not required. So, essentially, the TI said -- said, no, we don't need to extend Zimmerman Lane to --to Franklin. However, the applicant will be required to extend three stub streets in -- in two different fashions and I will explain here. So, essentially -- essentially this West Skyhill Road here -- street I guess. It's stubbed currently with the Ascent Townhomes, that will be extended per ACHD's conditions. The two other stub streets in the Ascent Subdivision are required to be extended, but with future development and the applicant has to provide a road trust for those extensions. So, they will put some money for the adjacent developer to use that money to extend the road and, then, as you are aware, there is a collect -- the master street map does designate a collector street that runs from the southeast corner and, then, ties into that Aviation Subdivision to the west and that roadway will be constructed with phase one of the development and that is part of the development agreement. So, if you really look at the overall connectivity in the area, this is a crucial connection point in order to move people to and through this area without having to use Franklin Road and that's kind of where that public benefit comes in in the -- in my earlier discussion that this is probably --this is a much needed connection to happen in this area, especially with all the density and multi-family developments occurring in the area. As part of the Comprehensive Plan and also the TN-R standards, pedestrian connectivity is just as valuable as vehicular connectivity and so as part of this submission the applicant did provide a -- a pedestrian network plan for you, so to speak. A lot of the interconnectivity is sidewalks from the adjacent subdivisions and internal to the development. I would mention to the Commission that the city's master pathways plan does not have a -- a pathway designation on this particular project. So, that's why a lot of the -- the connectivity is through the adjacent sidewalks required with the development of this site, which is both consistent with the comp plan and UDC standards. Open space. So, in the staff report we had asked the applicant to provide a revised applicant -- or open space exhibit. After I met with the applicant, determined that the site does meet UDC standards for qualified open space -- it actually exceeds it. I mean, to be honest with you, they have 35 percent open space. I think what we were getting at in our analysis of the staff report is we just needed more details showing how they met it. In working with the applicant, looking through their narrative, the details that were there just didn't quite articulate that in the staff report as well as we could have and so, really, Meridian Planning&Zoning Commission March 2,2023 Page 8 of 30 what staff would prefer is that the applicant just provide us those open space calcs and make sure that they are compliant with each phase of their development. As I mentioned to you, first phase of this particular project will occur with the single family and townhome lots and second phase will be the multi-family development. So, I anticipate a lot of those details will be -- will be worked out. And, then, also as part of the consistency with the Comprehensive Plan -- and we talked about this with the applicant as well, is we would like to see additional benches along the collector road -- this arterial roadway -- or excuse me -- the collector roadway, which is something that's encouraged by the plan as well, along with public art. We conditioned to do that. So, we are hoping that the applicant -- and my indications were from the applicant they are in favor of public art somewhere along the roadway, too, to not only add as an amenity, but also be consistent with the plan. Again here is a blow up of those amenities. As you are aware with single family, multi-family developments, there is a certain amount of amenities that have to be provided for each development. Recently we did a -- a code amendment that when you have a multi-family development that is kind of intermixed with a single family -- so, they are -- they are combined together, they are integrated with one another with -- like this will be, the -- the open space is looked at it as just one 15 percent open space. You don't require the multi-family to provide the baseline open space. So, that's why the applicant has gone into detail to show what's being planned for open space for not only the multi-family, but also the single family, and, like I said, 35 percent is -- is a pretty good increase for open space in this area. And you can see here here is the list of amenities. Staff finds that the applicant is compliant with both standards. Not only the single family standards, but also the multi-family. Again, a lot of the multi-family details will be looked at with future certificate of zoning compliance and design review application. Don't want to touch on this subject too much. I -- I know we have -- we have met with the applicant and just discussed this as well. But as you are aware, ACHD does allow many different standard road typologies -- templates for their -- their local streets. They are starting to push more towards a narrow footprint for roadways just for less pavement, less maintenance costs for all of us as taxpayers. So, this developer has gone above and beyond what's required by the application submittal to provide what would be some additional on-street parking should you have questions with their -- their narrow lots that they are providing along the perimeter. Again, the applicant will be required to comply with UDC standards. Staff did analyze the required parking for the multi-family residential portion as well and they do exceed the minimum standards as part of that development as well. So, now kind of touching back on the elevations and kind of what -- how I opened up the conversation -- again, the Ten Mile Plan does have very specific design elements and I actually commend the applicant to try to have a cohesive design theme, because that's really what the architectural design manual tries to achieve, too, is we want cohesive design where we can get it to -- what I didn't touch on is that some of the lots as part of the subdivision are only 27 feet wide. So, the TN-R zoning district does not have a minimum lot size, like our other-- our other zoning districts and there is no minimum street frontage. It comes down to design like anything; right? If you meet these design concepts, then, you meet the code or you meet the -- the Comprehensive Plan. In this particular case you have a comp plan that wants a certain density. You want a code that wants a certain amount of open space and a certain mix of product type. And when you mix those two sometimes there is conflicts and so when we met with the applicant this afternoon their lots along the Meridian Planning&Zoning Commission March 2,2023 Page 9 of 30 perimeter are only 27 feet wide and so they are trying to meet the -- the spirit of the Comprehensive Plan by getting that density --target density that we are looking for so we can support transit in the future. But with that comes some design challenges and so I think, you know, as staff, again, we have to analyze a project against those design criteria and let -- and determine whether or not it's a good fit. Now, again, as I mentioned to you, a lot of this plan that the applicant's proposing does meet a lot of the things -- a lot of good things of what we are trying to achieve. So, really, again, if-- if this is something that you support, certainly we understand that the applicant's challenge is with trying to have 30 percent front porches when you will end up with a 27 foot wide lot and still trying to achieve that density of the Comprehensive Plan. In other projects in this area the applicant was successful in having the Council kind of analyze that and have that discussion as part of the public hearing. So, I don't want to try to minimize that the design element isn't important, but what I want to do is make sure that we have the right discussion and anything that you do it's captured as part of the record and that the applicant can take that forward to City Council -- or at least the Council will know the discussion -- the Commission had the discussion and where you weighed in on that issue. And so looking at the -- the public record -- oh, I guess I did want to touch on the -- the common drives real quick as well. So, again, I know the -- the Commission is not too keen on common driveways. In this -- in this particular case I think the applicant's done a good job of only providing one. We did call out that the applicant is proposing four taking access off of one common driveway. As you know, we only allow three off of one side of a common driveway. So, we either have asked -- requested the applicant lose a lot or seek alternative compliance with their final plat application. So, they have the ability to do that alternative compliance with the final plat and ask for that to -- to have four lots. I think in this particular case, because the -- the common drive --there is one and it's not very long, more than likely staff would support that recommendation. So, in looking at the public record I did not note any written testimony as part of this application and, again, staff is recommending approval with conditions and with that I will conclude my presentation stand for any questions you may have. Seal: All right. Thank you, Bill. Appreciate that. Would the applicant like to come forward? Good evening. Clark: Good evening. Members of the Commission, Hethe Clark. 251 East Front Street in Boise representing the applicant. Good to see a couple of familiar faces and several new faces. So, this will be good. Thank you, Bill. So, we are here to talk about the Newkirk Neighborhood and I would like to start out by kind of giving you a little bit of background on the property and, then, we are going to talk a little bit about some of the constraints that we had to overcome as we tried to design this property and -- and, then, through the course of all of that I will respond to some of the comments that Bill made about that balancing act that we have to do between the Comprehensive Plan goals. So, of course, this is a -- an in-fill site -- true in-fill site and in-fill is always fun, always a challenge. You know, the city wants in-fill. We want to do in-fill. But every time you do in-fill there is --there are difficulties that have to be overcome. This is part of the Ten Mile Interchange Specific Area Plan. I'm just going to call that the Ten Mile Plan, if that's okay with you guys. I was -- I was playing around with the TMISAP acronym and it wasn't any Meridian Planning&Zoning Commission March 2,2023 Page 10 of 30 easier. So, let's just call it the Ten Mile Plan. It's also a priority growth area. City services are available. This is a -- this is a project that really needs to go and for -- if for no other reason than the east-west mid mile collector that it will provide that Bill previously mentioned. So, talking a little bit about some of the -- some of the challenges here. So, this is a triangular site. So, triangular sites are always complicated, because you have these areas that are difficult to fill in. But that's also complicated by the fact that we have a mid mile collector that -- with the connection points that are already designed for us and you can see that this one has kind of a tough angle down on the southeast and, then, it comes across and connects across here. So, that's basically the lower -- call it 15, 20 percent of the site that's taken up by that mid mile collector. We have the railroad and the Kennedy Lateral on the north. That means that access has to come from the south and that access ends up coming through the apartments on the east and the west and, then, in addition we have some grading and we have some slope challenges. There is a significant amount of fall as you come from about here down towards to the south. So, kind of understanding all of that and understanding that a lot of this table has been set for us, let's talk a little bit about the comp plan and Bill made a couple of really important points there, but I think it's really critical that we focus on the fact that this is medium high density residential. There is a lot of stuff in the Ten Mile Plan that's called for that's a lot easier to do in different designations. For example, in the medium density designation it's a lot easier to have a wider lot that allows you to do a porch and I'm going to come back to that in a little bit. But this is a medium high density area. So, we are targeting 12 units per acre and we know the city is serious about that, because some of these other projects nearby were sent back to come back with more density, because, as Bill mentioned, this is an area that the city is hoping is going to eventually be eligible for transit. We got to keep those densities up to be able to do that. So, if we look at the -- see, I have got my silly acronym up here. I forgot to change it to Ten Mile Plan. If we look at that medium high density residential designation -- and, of course, this is not code. This is the Comprehensive Plan. It's policy. It's -- you know, we look through it and we try to identify the policies and apply them where we can. But what we do see is this target of 12 dwelling units and we also speak to a relatively dense mixture of housing types, row houses, townhouses, condominiums, apartment buildings, complexes and so we are trying to land the plane there and meet that density, while also meeting the other requirements of the -- of the Ten Mile Plan. So, if we look at the neighboring surrounding density, those numbers aren't always easy to hit. You can see that actually there is only a couple that have been able to hit the 12 units per acre density goal and it's almost impossible to do without the benefit of apartments, which is why the Ten Mile Plan speaks to that mixture of apartment buildings and other housing types. So, if we look at our site plan we have -- on 21 acres we have 62 single family homes on the west, along with 216 apartment units. Again, overall density of 12.98. So, right at the target. And as Bill mentioned, 35 percent of open space. There is an abundance of amenities. So, on the single family side we have the large one acre park and with all the amenities that are identified here with the playground, the swings, the climbing dome, et cetera. And, again, the 35 percent open space. Now, the housing -- I'm going to come back to the some of the questions -- or the points that are --that -- per the elevations I should say. I'm going to come back to some of the points that Bill made in just a second. But I do want to point out that these are examples of what Meridian Planning&Zoning Commission March 2,2023 Page 11 of 30 the single family townhomes would look like and, then, the alley loaded townhomes would be in the -- the three unit structures like you see here. They would be allocated as you can see on this map. So, the alley loaded is in the -- the kind of purple color and, then, the -- the green is the 44 single family attached homes. Bill already showed you this and this is largely for design review, but we wanted to show you that there is a -- a cohesive design that's already contemplated. So, this is the kind of interesting part of the conversation. I have -- I have been doing this for, believe it or not, getting close to 20 years and I don't think I have ever had the kind of comments at the beginning of the staff report and, then, get to the end of it and say, hey, I'm in agreement with all the conditions of approval. I'm good. So, let's circle back, then, and talk about what Bill mentioned here on the -- on the architecture and the -- and the porches. So, I think it's important first to note that porches -- that's a design review element. That's not part of the -- the platting, that's not part of the annexation. I don't think that that's an appropriate conversation, frankly, for tonight. But it's something that we can bring into the -- to the conversation if you would like. But I think really the question is this question of alley loading and whether the lots need to be made wider in order to accommodate the porches. So, again, the Ten Mile Plan is a comprehensive planning document. Again, it sets forth goals and policies. It's like a Rorschach. You hit as much as you can. This area, as I mentioned before, is medium high density residential, target of 12 units. It calls for a variety of units, just like we have provided. A target of 12 units to the acre doesn't allow for 60 foot lots with room for porches. The larger point that I would make is that this requirement of porches has to be read in the -- in -- in the context of the overall plan. It's much more doable in the medium density areas. It's not really doable in the medium high density areas where you are looking for a higher density limit. But we have worked with the site and the site constraints to get the city a variety of housing types. So, let me bring this back here. So, we have our triplex townhomes over here that are -- in the purple that are alley loaded. The garage is to the rear. We have done what staff has asked for by providing that product. We have done it where we can. Now, we have talked a lot about the Ten Mile Plan, but one thing that we haven't talked about is actual code and the TN-R code specifically states that front loaded product is allowed. This is in -- stapled it too high -- 11-2D-6. Street access properties are allowed in the district and that they are contemplated around the perimeter of the project. So, we have all of this that is -- should also be street accessed and that's for obvious reasons. You wouldn't want to have an alley on the backside that only serves one side -- only has homes on one side. That's going to be a burden for the homeowners association to maintain. So, really, all we are talking about when we talk about this alley loaded question is this middle block here and as you can see, that middle block doesn't have the space to be able to accommodate a driveway. If we were to put a driveway in that driveway would, then, connect -- and you don't want it connected into the park and it can't connect into a collector road, so we don't believe that an alley can really function there and the other option would be potentially to flip those lots. Maybe you put a MEW in the middle, but what that ends up looking like in our view is -- if I can find this. There we go. This is from the Henley Station project just to the west. We think that if you flip those lots like that, then, you end up having the rear facing the front and you have a whole lot of pavement in between and so the -- the -- the block that I mentioned before is going to be a mismatch. It's not going to match the rest of the project. So, we don't think that there is enough depth for it and we also think that Meridian Planning&Zoning Commission March 2,2023 Page 12 of 30 it would mismatch with the rest of the project and so from that perspective we don't think it's appropriate to force a square peg into a round hole. So, in -- in short -- and we do appreciate the Ten Mile Plan's goals. We think that we have accomplished them. We do have alley loaded product. We understand the intent for that, but it can't be done everywhere and you can't do that and widen out the lots and still meet the density goals for the medium high density neighborhoods and I would just also point out that the mixture that we have done and the -- and the elevations that you see are very consistent with the other four projects that are nearby. That was another thing that was something that took us aback a little bit in looking at the staff report, was that these are requirements that haven't been imposed on the other projects nearby. You can see this is also from Henley Station. So, with that, you know, we think this is a really positive project. We think it brings in that mid-mile collector that everybody needs. We have put a lot of thought into a challenging site. We have accomplished the goals of the Ten Mile Plan where we can and we have hit the density targets that the city has for this site and so with that I would be happy to stop talking and answer questions. Seal: Okay. Thanks very much, Hethe. Do we have questions from our Commissioners for staff or the applicant? Go right ahead. Wheeler: Thank you, Mr. Chair. Let's see. It is Hethe. Is that right? Clark: Hethe. Wheeler: Hethe. Okay. Just double checking. Hethe, with 35 percent of open space, would there have been some ways -- I mean you don't -- that -- that's a lot of open space, which is awesome. Could have there been -- I mean you have a lot of play dough to work with to try to figure something out that might have worked a little bit better. I mean you have a lot of room just to work with lot lines, adjustments of lots where they sit, moving around the buildings and things like that, so -- and you are talking about it being constrained, but you got 35 percent open space. So, what -- what are you seeing that's constrained -- constraining you from not using this excessive open space? Clark: Commissioner Wheeler, good question. So, a lot of the open space is driven by the -- as I mentioned, we -- we don't have control over where that mid-mile collector connects and so you can see there is massive green swaths, including down in these areas that are south of the connection point over -- on the southeast, which is also fixed. In order to meet the density requirements, you know, we need to have enough apartments. So, on the -- on the apartment side we got about half of the project over there to try to -- to get those numbers up and, then, we end up with about ten acres of single family residential on the west that's left and with -- even with this design we are only at about six units to the acre on that -- on that piece of it and so the more we spread that out, you know, make wider lots or -- or do whatever, we actually push down the -- the densities or -- yes. Push down the densities at that point. So, we -- actually, it's -- it's where you are -- it's kind of like the bag where you put -- putting something in and something else comes out, that's kind of the issue that we are confronted with as a result. Meridian Planning&Zoning Commission March 2,2023 Page 13 of 30 Wheeler; Thank you. Clark: Uh-huh. Seal: So, I'm going to ask probably the same question a different way. Clark: Okay. Seal: So -- so, you are saying that the 12 units per acre is a requirement. Is that a requirement? Clark: Commissioner Seal, it is the target that's identified in the Comprehensive Plan is 12 units per acre. Seal: Okay. So, for the things that you are noncompliant with, your argument is that these are just guidelines. But for the one thing that you are trying to tell us is a requirement, it's not a requirement. Clark: No, I don't -- Seal: It's a guideline. Clark: No, I'm not -- I don't think I'm saying that. I'm saying that the entirety of the Ten Mile Plan is a guideline and we are hitting as many of those guidelines as we can, including the target of 12 units per the acre. Seal: Okay. But the way that you presented it was 12 was a requirement -- that -- that is -- that is what you said. That's -- that's what I want to make sure that we are -- we have a full understanding here is if we are going to talk about the Comprehensive Plan and the Ten Mile Plan as not being requirements, then, neither is the eight to 15, so -- and -- and with that I guess my question to staff is -- is what is the entitlement piece of it? Clark: Commissioner Seal, I -- I'm trying to make sure I'm tracking you here. So, eight to 12 -- so, 12 is the target, eight to 12 on medium high. These are the bands that we have to hit and so I'm not trying to mislead anyone by suggesting that. What I'm saying is with the -- that in the Ten Mile Plan there are all of these various things that we are supposed to be trying to hit, including the porches, including the alley load, including hitting the -- these density bands that we are talking about and if you are going to put -- if you are going to hit all of -- something has to give between all of them and especially when you are talking about medium high where the city wants more density. That's -- that's the point I'm trying to make. Seal: Appreciate that. Another question. Is Zimmerman going to be signalized? Clark: Commissioner Seal, no, Zimmerman won't be signalized. So, what -- so, Zimmerman for --just to make sure everybody is on the same page. Zimmerman is this Meridian Planning&Zoning Commission March 2,2023 Page 14 of 30 private lane that's to the south of the -- of the property. So, ACHD updated their comments on Zimmerman. It is not going to be a local street. Part of the reason for that is that this --ACHD wants this east-west collector to be the --the primary collector moving people across the block and if you make Zimmerman a local street, then, it turns into, essentially, a de facto collector. You are going to have people leaving the transportation network in the place that ACHD wanted it and heading straight down. So, ACHD does not want a local street there. They want it cut off just exactly as we have shown here. So, it will not interface with our mid-mile collector. It will remain as a -- as a private lane and -- but, in addition, I would note that we need to make sure that those stubs that are on the properties to the south can connect. So, there will be some dedication of -- of portions of that to ACHD, so that they can stub in the future. But it will not be signalized, it will remain a private lane according to ACHD. Seal: Bill also showed that there would be a stub street that's going to connect to the property to the south. Can you show where that's going to be? Clark: Yeah. It will be approximately here and, then, there will be another connection up here. Seal: Okay. Anybody else? Smith: Mr. Chair? Seal: Go right ahead. Smith: I have two questions. One a bit more general. Say -- say we decided, hey, these -- these front porches are really important, you know, and this is something that we need to get to. Is there any -- whether from staff or from -- from your side -- any estimate on roughly what that loss in development would be, how many units that would be reduced by and what that might look like? Clark: Commissioner Smith, this is pretty back of the napkin, but if you are going to have a 30 percent cut porch coverage and deal with garages and do all that, you are probably talking 60 foot lots. Smith: Yeah. Clark: I mean it -- it's -- it's going to be significant. I mean you -- you go from a medium high project to a medium project at the very least. Smith: And, then, my second question is actually for -- for staff. I understand the -- the desire for more alley access, but -- but in light of, you know, the response and comments, I'm just wondering if you are envisioning additional alley access homes, do you have a vision for what that might look like? Just looking at this map here. I am kind of seeing the -- the issue with -- kind of finding that alley access, do you have any -- any thoughts on where that might go, what that might look like? Meridian Planning&Zoning Commission March 2,2023 Page 15 of 30 Parsons: Yeah. Mr. Chair, Members of the Commission, to your point, no, we have not done that exercise. It-- I know we have had correspondence with ACHD and they weren't real keen on doing that either based on the feedback that we got from them, because it does align strange and they do not want -- again, this is a collector roadway and we want to minimize access points to collector roadways. So, if we were to do that there is going to be a lot of conflicts and a lot of access points on that and so that's -- you are almost -- to your point, the only way you could do it is, essentially, take that internal block and rotate it 90 and, then, have the alley go this way and, then, the --the applicant's building another -- another street, so they are building an alley plus another street and, then, you are losing kind of that connectivity with the open space there. But you could have the units fronting on open space where there is a street. So, it can be done. You lose open space, to be honest with you, and that's what's going to end up happening here and you are going to have to provide a lot more paving. Clark: Commissioner Smith, I would just add --just a reminder that the -- the code does say that the perimeter lots -- excuse me -- the perimeter lots are -- would be street accessed. So, it is, again,just that middle block and, again, if you -- if you are just looking at this and you see an alley where it would go, if -- even if you had enough depth -- and this cursor is struggling a little bit -- that alley would come down here, it would inter -- it would intersect the park, it would -- you wouldn't have spacing from that intersection. It - - it -- it really would create a number of problems. Smith: Yeah. Thank you. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: Well, going back to that, I mean you could go ahead and run that street there. I think it's Carson Street just due west -- tie in there and have that -- yeah. Because you have got enough open space to play with. You could cut down that park area there, too. I'm sure you thought of that, too. So, what was kind of the -- the reasoning to not go that direction? Clark: The reasoning would be that the impact on this intersection -- you would have a five legged intersection at that point into a collector street. Wheeler: Okay. Clark: And that would be -- yeah, ACHD would probably hang me if I even -- Seal: Quick question on the common drive. There is arguably five things that are going to take access from that. One is just really a smidgen on there, so -- one of the things that's come to my mind lately -- or I have been educated about is the fact that you can have basically your trash services and stuff like that, they will back in and pick things up instead of leaving things out on the corner. Because we have smaller streets and because we do have pretty high density in here, is that something that you can build into Meridian Planning&Zoning Commission March 2,2023 Page 16 of 30 the -- you know, into the HOA or that -- that basically that is going to happen with that common driveway, just to keep all of that off the street. Clark: So, in other words, the -- the trash service would be at each of the homes? Seal: Correct. They -- they back in, essentially, is what -- Clark: I mean we can certainly look at that. And this would be something that would be an alternative compliance item at final plat. So, I'm certain that the -- the staff would ask those questions as well. The other thing that I would mention on that is that it -- yeah, it's -- it's four lots that take, but it's a very narrow -- I mean very short run. You know, if we were in a medium density example you would probably have twice the run on that -- on that common drive, so -- Seal: Right. Clark: -- that's part of the reason and we are also doing those duplex -- or two -- two connected townhomes and so we are trying to keep that consistent. Seal: Okay. Yeah. And that's part of the reason I ask, is just because they are so -- everything is -- the roads are a little bit smaller, it's right on a corner, you know, with it -- especially the trash bin it just ends up being -- it can be quite a mess. Clark: Sure. Seal: And so I understand that it is a short run and these are, you know, pretty small homes, but just -- I know that that is available and it's something I would like to see a lot more of, just seeing how that works and how it lays out, especially -- you know, we have had meetings with -- with developers about that and that is something that they have shown that it's a very good way to do that. Clark: Okay. Seal: It eliminates -- eliminates my concerns about it for sure. Clark: Appreciate that. Thank you. Seal: Commissioner Grace, go ahead. Grace: Yeah. Mr. Chairman. Hethe, can you just -- and I apologize if you already addressed this and maybe I wasn't tracking with you, but it seemed like the elevations were a big concern to -- to staff. Can you just address that again really quick about how you -- Clark: Yeah. Commissioner Grace. So, I think there is a couple of things here -- and I - - and I just want to be really clear on it. So, I appreciate the question. In my view the question of porches in general is a design review question and we are not at design Meridian Planning&Zoning Commission March 2,2023 Page 17 of 30 review. So, that's -- that's one item. If it is the preference -- or, you know, the recommendation or whatever to accommodate for that by doing one more block of alley load or whatever or to increase the size of the lots, then, I think that's more germane to tonight's discussion and that's more of a 30,000 foot question than the -- the 5,000 foot design review question. And, again, my point to that is we -- we think we have adhered to the spirit of the -- of the rule by doing the alley load where we could and that we have shown, you know, why we think that it's more appropriate to have a mix here for the remainder of the lots, including as a result of the code that allows for that on the perimeter, the depth and also the fact that we have four other projects that are essentially the same mixture of types that have already gone in in this very area. Parsons: So, Mr. Chair, Members of the Commission, if I could just piggyback on a little bit of what Hethe said as well, as he is bringing up -- I think our concern wasn't necessarily to --to Hethe's point--or the applicant's point is it's not necessarily the perimeter, because that's -- that's established; right? We don't need 15 alleys provided on this site. It really comes down to -- I think our -- our preference or our concern was really this -- these internal lots right here, to Hethe's point, and the code doesn't say thou shall be alley loaded. It says it's anticipated. So, there is some gray area there in code, but certainly that's --when I -- when I looked at the staff report and analyze it, that's where I think staff was really coming -- was trying to -- to get the point across that, really, this is what's intended to be more alley loaded than the perimeter so much. Clark: And maybe just add one more thing -- Mr. Chair, if I can. Seal: Yes. Clark: You know, the -- the -- the -- the Ten Mile Plan is a guide, so it -- you know, it's something that we do our best to adhere to -- to execute on those policies and, then, even within the guide it has permissive language as to these points. It says should. It doesn't say thou shalt, so -- Seal: Okay. Smith: Mr. Chair? Seal: Go right ahead. Smith: Forgive me if this is -- if this is a silly idea, but, you know, I'm not -- I'm not an architect, so I'm just -- I'm throwing some -- some thought out. I'm wondering, at least on the ally access side, if you could almost -- kind of almost stub an alley way and you -- maybe you lose a house of density on that current non-alley access, but you are able to provide alley access to -- I don't know, maybe half of these otherwise -- street access road, you would essentially have a smaller lower volume street or alley type street kind of going between -- kind of the equivalent, honestly, if you were to -- to take that -- I don't know that -- this Carson Street, you know, minify that and, then, put it, again, exactly alongside that -- that middle section right there, providing alley access to maybe some of those -- at least increasing the diversity of that mix and maybe you lose a house or a Meridian Planning&Zoning Commission March 2,2023 Page 18 of 30 townhome in density to provide that outlet onto Carson, rather than onto the collector street. Has that been considered? Is there -- is there a reason why that's a -- kind of bad idea to a layman? Clark: So, I think, Commissioner Smith, what you are saying is come down like this and, then, out over here? Smith: Either loop out there or loop out slightly more northward, you know, onto kind of that north-south Carson Street section. You have a -- have a slight traffic turn there. Clark: I'm sorry, I didn't mean to interrupt you. Smith: No. No. Clark: There is -- there is a couple of thoughts that I have there. One is -- and maybe I left that too quickly. But the -- the block that's just to the east of that is deeper and we kind of squeezed as much as we could out of that one to be able to accommodate the internal alleyway. The block to the west that you are talking about isn't as deep and so you have an issue fitting the alley really in any event as a result of that. That's leaving aside things like turnarounds or whatever you might need to be able to allow for that to be safe. There is another element of this, too, is that, you know, there is a lot-- you know, there -- there are folks that want to live in alley loaded products. They don't want any yard to take care of. You know, they just want to -- a complete, you know, lock it and leave kind of a solution. That's not true of probably the majority of the folks that are looking at this product. Most of them want a little bitty back -- a little bit of backyard and so what -- the design that we have done -- allows for is to have some backyard, so, you know, the dog can do its business, but, you know, still reach the -- the density goals that we are talking about here. So, it's -- we are trying to -- trying to balance a lot of stuff, so -- Seal: I will turn my microphone on now. Anybody else? All right. Thank you very much, Hethe. Appreciate it. Madam Clerk, do we have anybody signed up to testify this evening? Hall: We do. We have Paris Brower. Okay. Thank you. Then we have no one, Mr. Chair. Seal: Okay. Is there anybody online that's raising their hand? It doesn't look like it. Okay. And with that, since there is no public testimony, would the applicant like to add anything else? Are there any further questions at this point of the applicant? All right. With that I will take a motion to close the public hearing for File No. H-2022-0088, Newkirk Neighborhood. Lorcher: So moved. Smith: Second. Meridian Planning&Zoning Commission March 2,2023 Page 19 of 30 Seal: It's been moved and seconded that we close the public hearing for File No. H- 2022-0088. All in favor, please, say aye. Opposed nay? Okay. The public hearing is closed. MOTION CARRIED: SIX AYES. ONE ABSENT. Seal: With that I will take the first comments, discussions. Smith: Mr. Chair? Seal: Go right ahead. Smith: Just some initial thoughts. I -- I think there is -- I -- I can see a lot of -- of where staff is coming from and there is a lot of this sort of -- you know I look at it and go if you only could just kind of slightly tweak it a little bit and I think a lot of the design review and things like that will be instrumental in this. I think generally the -- the developer seems to be -- have -- have done a -- a pretty good job in trying to balance all of these competing interests and so I think there are, obviously, some contingencies or some content -- all these conditions and there is some conditions that I would like to see added. I think your comment on the -- the common drive is -- is something I agree with and -- and I'm glad you brought that up. But beyond that I think, you know, if this is the -- if nothing changes and this is the worst that we get, I think it's -- it's still a pretty good project, all things considered. Seal: Thank you. Other comments? Wheeler: Yeah. Mr. Chair? Seal: Go right ahead. Wheeler: Excuse me. I like in-fill projects. You guys have heard me say that multiple times. I like the kind of creativity that can come from them. I like to see the problem solving that happens in unique spots. And this one has its own uniqueness that's for sure and the way to try to put this thing together has been -- it's hard and it's tough in order to accommodate everything from ACHD, to the developer's needs and wants on it all and what also the code requires on it. There seems like there is a lot of latitude in this -- in this zoning, the TN-R within the Ten Mile District. It -- I'm -- and to try hitting those densities along with the -- as much as open space as they have I can see that a lot of it's on that arterial, that collector, is where a lot of that open space is failing into and, then, trying to hit those density loads on top of it, that's -- that's the -- that's the difficulty with this in-fill project here. It would be nice to see, as staff is pointing out, that alleyway drive that could connect there somehow someway, with an adjustment on lot size, or -- or -- or -- and it's -- and I hate to say it, because like maybe some different design even and -- on that section. But with all the -- with all the efforts that go into trying to figure out how to use these pieces and maximize space, profitability, use, comfort, something that's going to be an attractive product type for -- for client -- for your customers is -- is difficult. This Meridian Planning&Zoning Commission March 2,2023 Page 20 of 30 one's a hard -- this one's hard for me. I don't know which -- which way I kind of lean on it, to be honest with you, but that's where -- there has been a lot of thought that has gone in to try to make this thing work and it seems like a lot of time, too, with staff trying to figure out what's going to be the best to -- to move forward with this product. Seal: Thank you. Commissioner Grace? Grace: Mr. Chair, I was just going to kind of say something similar to what Commissioner Wheeler said. I think there are some challenges with this product -- or project that -- the shape, the slope. It's an in-fill project. The lateral. The railroad. I think they did a good job with it. I actually tend to agree with the applicant about the alley in that kind of in-fill area there, the -- the -- the box there with the residential single family. So, I -- I'm not sure there is a great solution, but I was persuaded by the -- the -- the -- sort of the argument that that was made by the applicant about why that's not ideal, particularly when they have tried to hit that target density range and it looks like they did. So, I think I will be supporting it. Seal: I will chime in here real quick. Yeah. In-fill like this is tough. This is a -- this has been a tough area to develop for sure. So, I actually like the -- the way the multi-family is laid out. We have got ample parking in there. We have ample open space, which is also difficult to pull off in here. As far as the alley load, I mean to me either keep it the way that it is, understand that, you know, we are not going to get a hundred percent of everything in here that we are -- that we are shooting -- you know, that we are aiming for. I mean either that or, you know, flip those two blocks and, then, just, you know, make them all alley load. That's about the only possible way I see, you know, that you could pull that off without impacting things or making a five way intersection or some really, you know, atrocious thing like that, so -- I mean one of the -- one of the things I have overall - - and some of the conflict that I see that's coming out of having the Comprehensive Plan, the Ten Mile Plan, and, then, code is we have --we have some precedent out there where -- that we are seeing and what I don't want to see is more things go on where we have more applicants that say, well, they didn't do it. These guys didn't do it, so I shouldn't have to do it. So, to me if your argument for noncompliance is that somebody else was noncompliant, that still makes you noncompliant. So, I just want to make sure that we are not going down that road any further than we have to and that -- and that's -- you know, we kind of have the competing plans going on here versus code. So, I understand we are not going to meet all of that, but I just want to make sure that we meet enough of it that we are sticking with the spirit of those plans, so we don't get too far off track. Sorry, that was a really long explanation of how I feel about that, but-- but the rest of the project, the -- the -- the one major -- other major -- or the major concern that I have about this is how this is going to link up to the property to the south. That I am concerned about. I can see -- no. Yeah. That one right there specifically. I can see a lot of people utilizing that as they come through, so -- and -- and, again, we are going into a neighborhood with smaller streets, smaller entrances and exits where you are coming onto, you know, a bend in the road right there as well. So, I am concerned about that. I mean to be honest, I would almost rather see that as an emergency access with bollards. I don't-- I -- I guess if I lived in -- in that subdivision I would be very concerned about the level of traffic that Meridian Planning&Zoning Commission March 2,2023 Page 21 of 30 would be coming into it. That's -- that's just me. I know there is a lot of connectivity that's provided in this and, again, this is a -- this is a hard -- it's a hard piece of property to develop. That is not lost on me for sure. But that one for sure I -- I am concerned about that. I mean I don't know if I would condition it that way, but it's definitely something that maybe is -- is worth discussing is this -- on this -- you know, if this goes forward in this current iteration. Anybody else want to chime in? Smith: Mr. Chair, just to make sure I'm on the right page. Seal: Go ahead, Commissioner Smith. Smith: Are you talking about the subdivision -- the R-8 on the opposite side of Franklin or are you talking about the southeast along that collector? Seal: Just to the south where -- if you look at what's on the screen right now, essentially, it's -- it's where Zimmerman is -- the subdivision exits out onto Zimmerman and, then, in the upper right-hand -- kind of in the middle of the triangle there, that -- that's going to act -- that -- that's going to be a -- you know, a major access point to this, so -- and people understand that they are not going to have to traverse through a -- a larger subdivision to get to this, they -- I wouldn't want to go around to Black Cat. I kind of avoid that road altogether anyway. So, you know, I mean this is a really quick alternative to them and -- and where you have a lot of multi-family in there that's -- that to me is just a concern, that you are going to have a lot of people traversing through that subdivision in order to get to this subdivision, so -- which is, you know, part of how it all connects. But that just seems like that would be a lot of traffic load going through there. Smith: That makes sense. Thank you. Seal: Yep. I guess, you know, to turn it around, it would be -- if you had something -- if you had the road connecting through, you know, the -- the -- essentially the smaller part of this application that was going into the multi-family and it wasn't on the arterial there, that would be a concern. You know, that -- that's a large traffic load for that, so -- and -- and that's not happening here, butjust as an example that's--to me that's just concerning. Wheeler: Mr. Chair? Seal: Yes, sir. Wheeler: One -- one thing here to the applicant. I would -- I would see if you guys could get a little creative with that long strip of road on what to do there. Maybe like some little benches, maybe like some little doggy bag pickups, maybe some little -- because I can see that turning into some place people are going to walk, people are going to walk their dogs, people are going to run, just something like that. Not -- not a condition. I'm just saying just kind of have fun with that to have a long stretch of lawn to be able to deal with on a driveway like that, too. On a drive aisle like that. You could have some fun with it and make it creative and make our town beautiful, instead of just a long drive on asphalt to get to the next point, it's something that you can have a little fun with there with the Meridian Planning&Zoning Commission March 2,2023 Page 22 of 30 community and enjoy -- have them enjoy that, too. And with that, Mr. Chair, I would like to make a motion. Seal: Go right ahead. Wheeler: After considering all staff, applicant, and public testimony, I move to recommend approval of the City Council File No. H-2022-0088 as presented in the staff report for the hearing date of March 2nd, 2023, with no modifications. Seal: Do have discussion on the motion or a second? Grace: Mr. Chairman? Seal: Go right ahead. Grace: Just discussion, because I was going to ask this question before maybe Commissioner Wheeler made his motion and that is -- Wheeler: Oh. Sorry. Grace: -- that's okay. That's okay. It actually works out well I think. When staff -- when Bill gave his report he encouraged us to put into our motion anything that we thought might be beneficial to provide direction and I'm just wondering whether we adequately did that and -- and I don't know from staff's perspective were there things that we -- you were hoping we would touch on maybe that we didn't or -- Parsons: Mr. Chair, Members of the Commission, I think my -- my point to that is I think we have had a pretty robust discussion about, you know, balancing density, open space, public benefit versus what the code says, what the comp plan does. So, I think we have captured that. But what I was hoping for is if you guys truly do support the applicant's position on no -- because there is a lot of analysis about the 30 percent front porches and a lot in the staff report on the design of the units. So, I just want to make it clear that whatever recommendation goes forward to City Council -- your recommendation for approval it sounds like, that you just include that you supported the -- the applicant's position that, you know, it wasn't necessary for the -- the 30 percent -- or you were good with the alley load, the -- the front loaded garages since the TN-R zone allowed for that or something to that effect, so at least we can capture that in a DA, so, again, we don't get -- a -- a year from now we -- we understand that, yeah, we talked about it and we -- we knew what we said, but we had a discussion and we determined that it wasn't something that we required, because that's what we did on some of those other projects. So, I just -- I just want to make sure we have a clear and clean record moving forward. Seal: Mr. -- Mr. Smith, go ahead. Smith: Sorry. Was there a second? Does there need to be a second before -- Meridian Planning&Zoning Commission March 2,2023 Page 23 of 30 Seal: There has not been a second. We are still discussing, but with what Bill just added, would you like to change the original motion? Wheeler: Amend the motion? Yeah. If I can go ahead and amend that motion to state that we are okay with the -- with the -- without the alley loaded driveways and the requirement for 30 percent of the porches on the -- on the residential. Parsons: I can work with that and wordsmith that a little bit for you, but, yeah, you are good with garage dominated street access -- 44 of the lots having street access and no - - no porches -- the 30 percent porches. Wheeler: The 30 percent porches, yes. Parsons: Based on the design as shown. And, then, what about the townhomes? Are you good with that, too, on the alley load? Wheeler: On the alley load on that? Yes. Parsons: Thank you. Grace: And I would second that. Seal: Okay. It has been moved and seconded. Well --to approve File No. H-2022- 0088 with the aforementioned modifications. All in favor, please, indicate by saying aye. Opposed nay? Motion carries. Thank you very much, gentlemen. MOTION CARRIED: SIX AYES. ONE ABSENT. 7. 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: With that I would like to open File No. H-2022-0085, Rackham East annexation and rezone and we will begin with the staff report. Meridian Planning&Zoning Commission March 2,2023 Page 24 of 30 Hersh: Good evening, Mr. Chair and Commissioners. The applicant submitted an application for Rackham East annexation and rezone and they submitted the applications annexation and rezone. The annexation is actually a sliver of property that consists of 0.143 acres of land that's currently zoned RUT and part of the overall Eagle View Landing project with a C-G zoning designation and that is located at 1032 South Silverstone Lane -- or Way. The rezone site consists of 3.938 acres from C-G to the R-40 zoning district for the multi-family portion on the south next to the R-40 that's already zoned, that was previously platted on Lots 18 through 19, Block 1, of Rackham East Subdivision located at 1074 South Silverstone Way. There is an approved development agreement on the property that was approved in 2022 and the Comprehensive Plan FLUM designation is mixed-use regional and the outparcel on the -- along the northern boundary of the site was owned by a third party and not part of the development agreement originally and during that public hearing process for this development the applicant placed the parcel under contract. The property has now been acquired, included in the overall Eagle Landing project. City staff requested that the applicant rezone the R-40 -- the southern portion to R-40 and for the multi-portion of the development to more accurately -- accurately reflect the uses in the development on the site when looking at the zoning map. Ultimately the project was approved with a C-G zoning designation for the multi-family portion of the development and both office buildings and multi-family development are currently under construction and were approved with the -- with certificate of zoning compliance and design review for both properties. A condition of approval of the Rackham East Subdivision in Eagle View Landing project required the applicant to annex -- annex the outparcel along the north along 1-84 and rezone the western C-G portion of the multi-family development to R-40 within one year of the recordation of the development agreement. The application request is to initially ensure the cleanup of the zoning of these areas and there wasn't any written testimony and staff approves the requested annexation and rezone with the conditions in the staff report and I stand for any questions. Seal: Thank you very much. Would the applicant like to come forward, please. Good evening. Wardle: Good evening, Commissioners. For the record my name is Jon Wardle. 2929 West Navigator Drive, Suite 400, Meridian, Idaho. 83642. On behalf of the ownership, which Brighton is part of that, we submitted this application in --to do this cleanup. These were previously approved. We agree with the staff report. I have got a lot of history with the project. So, if the Commission has questions specifically I can answer those. But we have nothing to add or to change to the report that's in front of you this evening. So, with that I can answer any questions you might have. Seal: Commission, do we have questions for the applicant or staff on this? I -- I was around when this came through the first time, so the -- the only question I have is did the person retire on what you had to pay him for that small strip of land? Because that was of great speculation when this came through. And you do not need to answer that. Wardle: For the record, it was 14 feet wide. I don't know if they were able to retire, but Meridian Planning&Zoning Commission March 2,2023 Page 25 of 30 maybe do a couple rounds of golf at TopGolf. Seal: Good. Madam Clerk, do we have anybody signed up to testify? Hall: Mr. Chair, we do not. Seal: Do we have anybody in the audience that wants to come forward and testify on this? No. No further questions from the Commission? Wheeler: Mr. Chair, just got one here. This is -- both are going to be R-40 or C-G is in the top -- is in the northwest -- or northeast section? Hersh: Mr. Chair and Commissioners, so the C-G portion is in the top -- at the top next to 84 and -- Wheeler: Okay. Hersh: Well, it's actually RUT and it's going -- it's a sliver of RUT and it's going to be zoned to C-G and, then, the southern portion is actually zoned C-G and we are rezoning it to R-40 to match the apartments on the east side of it. Wheeler: Wanted to get it clear in my head. Thank you. Hall: Mr. Chair, there is someone with their hand raised. Seal: Excellent. Okay. Thank you for catching that. Hall: Michael Blowers, go ahead and speak. Blowers; Yes. Can you hear me? Hall: Yes. Seal: Go right ahead and need your name and address for the record, please. Blowers: Sure. Michael Blowers. 1325 Rolling Hill Drive, Meridian, Idaho. And the purpose of me joining this call -- it's kind of weird. I have been a part of this process -- remember the first meeting -- not necessarily about this -- probably 2015, just about the plans for this area, and I'm on here initially to say like -- I know February 2nd I'm not sure what happened. I think it was a continuance or something. You know, there was questions about raising the buildings 20 feet or whatever and I'm just here to say at this stage of the game in support of it, don't really care at this point, but the reason why I'm coming here to comment on it is -- I believe Mr. Wheeler -- I went back and watched the video, because I wasn't able to attend and it was refreshing to see some sort of empathy for the R-40 -- or the residential portion situation. But a comment that I just couldn't let go that was said at the end of that was -- but at the same time no one -- no one is here to fight it and I just wanted to -- because I'm not sure -- and I apologize for this. I don't know Meridian Planning&Zoning Commission March 2,2023 Page 26 of 30 who is new. I'm bad with names and I'm bad with faces. So, I know there is -- there is new people here. But I just wanted to clarify that at this stage of the game, the reason why many of us didn't attend or none of us attended is we have attended these Planning and Zoning Commissions for things that we saw as obvious no's and time and time again were dismissed and so of all the things that have happened so far on this project, this ranked one hundredth on the list of things we cared about. I mean we -- we still don't even have a place to turn around a vehicle on our street because of this project. We still have 40 foot semis that have to back out into Overland Road at 5:30 during rush hour traffic, because they can't turn around and so if we can't even get something like that done, why would we expect our voices to be heard on something like this? And the -- the other comment was that you liked in-fill projects, which maybe I'm wrong with the terminology -- this wasn't necessarily an in-fill project, there was about 15 homes as you can see on that imagery right there that were demolished for this to happen. So, just to give some history, just in case -- I know it's been going on for a long time. We do very much care. We just know that it doesn't matter and that's all I wanted to say. Seal: Okay. Thank you, Mr. Blowers. Is there anybody else that would like to testify? Somebody else indicating online? No more questions for the applicant or staff? Okay. With that I will take a --well, actually, Mr. Wardle, is there anything you would like to add? Okay. With that I will take a motion to close the public hearing for File No. H-2022-0085. Smith: So moved. Grace: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0085. All in favor indicate by saying aye. Opposed nay? Okay. The public hearing is closed. MOTION CARRIED: SIX AYES. ONE ABSENT. Seal: Yeah. I will -- I'm appreciative -- basically you are coming in here and tying up the loose ends on this. So, this has been, you know, a hotly contested project, you know, overall. There were -- I -- I think that the applicant has worked with the people in the area in order to -- to do some things that -- that were kind of common sense and they were, you know, at -- at the direction of-- of-- of the Commission and -- and of City Council and -- you know, I mean it's -- it's -- it's a difficult area for sure, just because of -- I mean you --you have a really--you know, you have one of these little enclaves of, you know, county properties that are in there of people that are used to a slower, quieter lifestyle and, you know, now they are surrounded by multi-family and TopGolf. So, you know, it -- it's been a tough application all the way. But I -- you know, I think what's going in there is -- is appropriate for the zoning. It's -- you know, it -- it-- it has -- it -- it has hit some roadblocks along the way that are cleared out, so -- I mean it is tough to -- I -- I do feel for some of the people that live there that are going to have this in their backyard for a little while, but it is what it is. Any -- any comments? I will take comments, criticism, motions. Smith: Mr. Chair? Meridian Planning&Zoning Commission March 2,2023 Page 27 of 30 Seal: Commissioner Smith, go ahead. Smith: After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File No. H-2022-0085 as presented in the staff report for the hearing date of March 2nd, 2023, with the following -- or with no modifications. Seal: Do I have a second? Rivera: Second. Seal: It's been moved and seconded to approve File No. H-2022-0085, Rackham East annexation and rezone with no modifications. All in favor, please, say aye. Opposed nay? Okay. Motion carries. Thank you very much. MOTION CARRIED: SIX AYES. ONE ABSENT. 8. Public Hearing for Paris In-Home Daycare (H-2022-0093) by Paris Brower, located at 2239 W. Fairwood Dr. A. Request: Conditional Use Permit for a group daycare of up to 12 children on 0.36 acres of land in the R-4 zoning district. Seal: And with that we will open the last file, which is H-2022-0093 for the Paris In- Home Daycare, and we will start with the staff report. Hersh: The applicant has submitted a conditional use permit for an in-home daycare. The site consists of 0.36 acres of land and it's zoned R-4 and it's located at 2239 West Fairwood Drive. There is no history on the -- on the property. The Comprehensive Plan FLUM designation is medium density residential and the request is a conditional use permit to operate an in-home group daycare for up to 12 children. The applicant proposes to operate between the hours of 6.00 o'clock a.m. to 6.30 p.m. on weekdays. Parking exists on the site in accord with the standards listed in the UDC and a total of two garage space -- two garage spaces are provided, along with 30 by 20 feet parking pad that exists that exceeds the UDC standards. There isn't any written testimony and staff recommends approval of the proposed conditional use permit with the conditions in the staff report and I stand for any questions. Seal: Thank you very much. Would the applicant like come forward? Good evening. We need your name and address for the record, please, and the floor is yours. Brower: It's Paris Brower and I'm at 2239 West Fairwood Drive, Meridian. First time at a city meeting, so excuse my nervousness. It's pretty self-explanatory. I'm looking to start watching children within my own home. The conditional use permits, instead of the family permit, allows me up to 12 children, which Idaho does a point system based on the age. So, this is going to give me more flexibility with the amount of children and the age groups Meridian Planning&Zoning Commission March 2,2023 Page 28 of 30 1 can watch. I have more than enough space. I have a six foot fence. I abide by all Idaho Stars program's guidelines. I have been working with children since I was myself a child and with the influx of movement in the area and the desperate need for childcare, this is going to give me an opportunity to work with other families who are in need of trying to have one-on-one time with their kids and ensure that they can grow in the more home based environment. I -- it's pretty self-explanatory. I don't really know what else to add for you guys, so -- Seal: Thanks very much. Do we have questions for the applicant or staff? Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: Do you currently have any children at your home? Brower: I do. I have two of my own. One is school age and one is only at the age of two. Though I am not trying to get registered as a preschool, I do all STEM based and preschool activities with all the children and it so far has worked out with my own, who is excelling. Granted he is only in kindergarten, but he is excelling, so -- Lorcher: Are you watching any other kids or just your own? Brower: No. Just my own for now and I do help out on occasion with -- I have a family member with ten children who I have assisted with. I have multiple nieces and nephews and this is kind of going to give me the opportunity to reach out to not only my personal family, but my friends as well who are struggling to find daycare for their children, because they are within my area as it is, so -- Lorcher: Thank you. Seal: Commissioners, anyone else? Okay. Madam Clerk, do we have anybody signed up to testify? Hall: There is not, Mr. Chair. Seal: Okay. Sir, do you want to testify on this? You are the only person in Chambers, so I just -- okay. There is nobody else online, so unless you have anything to add or we have any further questions, I will take a motion to close the public hearing. Thank you very much, ma'am. Lorcher: So -- so moved. Smith: Second. Seal: It's been moved and seconded to close the public hearing for No. H-2022-0093 for Meridian Planning&Zoning Commission March 2,2023 Page 29 of 30 Paris In-Home Daycare. All in favor, please, say aye. Opposed nay? Okay. The public hearing has been closed. MOTION CARRIED: SIX AYES. ONE ABSENT. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: There is a significant lack of daycare in our community, so considering that none of the neighbors seem to have any challenges with Paris' In-Home Daycare, I think that this would be a good addition to our community. Seal: Yeah. I agree. There is a few things about this that I really like. Generally speaking with an in-home daycare -- I mean the -- one of the first things that comes up is parking. With this, because of the way that this property is -- is oriented with the -- the property, you know, kind of to the south of it here, there is ample parking. So, that's, you know, one thing. The backyard is -- is great. You already covered the fact that you have the -- the six foot fence. I mean there is -- that's, you know, great about this as far as an in- home daycare. The other is the close proximity to the Barbara Morgan STEM School and there is also, you know, middle school, high school, just up the road from this as well. So, pretty good place to have this really. You know, it -- it kind of checks all the boxes for me. So, as far as an application for the daycare it is -- I think it's a -- I think it's a good one. One thing that I will point out is this a conditional use permit. So, we are approving or disapproving tonight. So, just make sure to formulate a motion that way if you choose to make one. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: I'm going to go ahead and make a motion here. After considering all staff, applicant, public testimony, which there was little of, I move to approve File No. H-2022- 0093 as presented in the staff report for the hearing date of March 2nd, 2023, with no modifications. Seal: Discussion or second? Smith: Second. Seal: Okay. It has been moved and seconded to approve File No. H-2022-0093 for the Paris In-Home Daycare. All in favor, please, say aye. Opposed nay? All right. Motion passes. Thank you very much. MOTION CARRIED: SIX AYES. ONE ABSENT. Meridian Planning&Zoning Commission March 2,2023 Page 30 of 30 Wheeler: Good luck, Paris. Seal: And with that I will take one more motion. Grace: Mr. Chairman, I move to adjourn. Seal: Do I have a second? Smith: Second. Seal: It's been moved that we adjourned. All in favor, please -- moved and seconded that we adjourn. Please -- all in favor, please, say aye. Opposed nay? Thank you. We are adjourned. Thank you, everyone. MOTION CARRIED: SIX AYES. ONE ABSENT MEETING ADJOURNED AT 7:33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ANDREW SEAL - CHAIRMAN 3-16-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 3-16-2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact and Conclusions of Law for Wienerschnitzel CUP (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 W IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of the February16, 2023 Planning and Zoning Meeting Meridian Planning&Zoning Commission February 16,2023 Page 54 of 55 report for the hearing of date of -- hearing date of February 16th, 2023, with the following modifications: I would like to approve with the conditions in the staff report including the two additional staff recommendations. Striking the recommendation for losing lots. Adding a further condition of no two story homes on the southern face -- or the southern lots in the development. And, then, lastly, a request to work with staff on dimensions and requirements of the bridge. I believe that's all. Seal: Do I have a second? Grace: I will second that. Seal: Okay. It's been moved and seconded to recommend approval of File No. H-2022- 0089 Millwood Subdivision with the aforementioned modifications. All in favor, please, say aye. Opposed nay? Okay. Motion passes. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: All right. Thank you very much. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: I motion we adjourn. Seal: Do I have a second? Grace: Second. Seal: It's been moved and seconded that we adjourn. All in favor, please, say aye. Any opposed? All right. We are adjourned. Thank you, everyone. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 9:14 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ANDREW SEAL - CHAIRMAN 3-2-2023 ATTEST: Chris Johnson, City Clerk 3-2-2023 E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Changes to Agenda: Item #\[#\]: Artisan Victory Market (H-2022-0066) Application(s):  Annexation & Zoning  Conditional Use Permit  Preliminary Plat Size of property, existing zoning, and location: This site consists of 13.6 acres of land zoned RUT in Ada County, located at 2820, 2910, 2960, 2990 and 3020 S. Eagle Rd. History: None Comprehensive Plan FLUM Designation: Mixed Use – Community (MU-C) Summary of Request: Annexation and Zoning of approximately 14.47 acres of land with the R-15 (12.45 acres) & C-C (2.03 acres) zoning districts; Preliminary Plat consisting of 5 building lots & 1 common lot on 13.6 acres of land in the requested zones (proposed to be developed in one phase); and a Conditional Use Permit for a MFR development consisting of 132 units on 12.45 acres in the R-15 zoning district – proposed to be developed in (6) phases. Private streets (PS) are proposed for internal access within the development. \[details\] Written Testimony: \[name(s)\] - \[issue(s)\] Staff Recommendation: \[Approval/Denial\] Possible Motions: Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2022- 0066, as presented during the hearing on March 2, 2023, for the following reasons: (You should state specific reasons for denial) Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0066, as presented in the staff report for the hearing date of March 2, 2023, with the following modifications: (Add any proposed modifications to conditions) Continuance I move to continue File Number H-2022-0066 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #\[#\]: Newkirk Neighborhood (H-2022-0088) Application(s):  Annexation & Zoning  Preliminary Plat Size of property, existing zoning, and location: This site consists of 21.06 acres of land, zoned RUT in Ada County, generally located ¼ mile east of Black Cat on the north side of W. Franklin Rd. at 4250 W. Franklin Rd. History: None Comprehensive Plan FLUM Designation: MHDR in the TMISAP Summary of Request: Annexation of 23.67 acres of land with a TN-R (Traditional Neighborhood Residential) zoning district; and Preliminary Plat consisting of 63 (44 single-family attached, 18 townhomes & 1 multi-family) building lots and 8 (5 landscape, 1 common driveway, 1 alley, 1 non-buildable) common lots on 21.06-acres of land in the TN-R district. \[details\] Written Testimony: \[name(s)\] - \[issue(s)\] Staff Recommendation: Approval w/conditions. Staff recommends Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0088, as presented in the staff report for the hearing date of March 2, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2022- 0088, as presented during the hearing on March 2, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0088 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #7: Rackham East Annexation and Rezone (H-2022-0085) Application(s):  Annexation & Rezone Size of property, existing zoning, and location: The Annexation sliver of property consists of 0.143 acres of land, currently zoned RUT as part of the overall Eagle View Landing project with a C-G zoning designation, located at 1032 S. Silverstone Way. The Rezone site consists of 3.938 acres of land from C-G 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 located at 1074 S. Silverstone Way. History: Annexation, CUP, PP (H-2021-0075); Development Agreement (2022-026383) Comprehensive Plan FLUM Designation: Mixed Use – Regional (MU-R) Summary of Request: The out parcel (0.143-acres) 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 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. Written Testimony: None Staff Recommendation: Approval of the requested annexation and rezone with the conditions listed in the Staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0085, as presented in the staff report for the hearing date of March 2, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2022- 0085, as presented during the hearing on March 2, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0085 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #8: Paris In-Home Daycare (H-2022-0093) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 0.36 acres of land, zoned R-4, located at 2239 W. Fairwood Drive. History: None Comprehensive Plan FLUM Designation: Medium-Density Residential (MDR) Summary of Request: Conditional Use Permit to operate an in-home group daycare for up to 12 children. The applicant proposes to operate between 6:00 AM to 6:30 PM on weekdays. Parking exists on the site in accord with the standards listed in UDC Table 11-3C- 6 for a 3-bedroom single-family dwelling. A total of two (2) garage spaces and a 30 ft. x 20 ft. parking pad exist exceeds UDC standards. Written Testimony: None Staff Recommendation: Approval of the proposed Conditional Use Permit with the conditions and Findings listed in the Staff Report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0093, as presented in the staff report for the hearing date of March 2, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0093, as presented during the hearing on March 2, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0093 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Planning and Zoning Commission Meeting February 16, 2023 Item #X: Newkirk Neighborhood AERIAL MAPZONING MAPFUTURE LAND USE MAP Annexation & Zoning and Preliminary Plat– Annexation Boundary ExhibitCommon Driveway Preliminary Plat Landscape Space ExhibitPlan Site Amenities Pedestrian Connectivity Onstreet Parking Exhibit- Conceptual Building Elevations proposed for constructionnot –finishes) purposes only For illustrative (i.e. color & Multifamily Apartments- Clubhouse Item #X: Artisan Victory Market AERIAL MAPZONING MAPFUTURE LAND USE MAP Annexation & Zoning, Conditional Use Permit and Preliminary Plat Annexation & Zoning Exhibits Preliminary PlatLandscape Plan–Preliminary Plat Site Plan for Conceptual Phasing PlanFamily Development-Multi Landscape PlanFencing Plan Common Open Space ExhibitSite Amenity Exhibit Item #7: Zoning MapFuture Land Use Map Annexation & Rezone-Rackham East Annexation & Rezone Exhibit Maps Item #8: Existing ResidenceFloor PlanZoning Map Conditional Use Permit-Home Daycare -Paris In 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 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 Joseph Bongiorno CFI, CFEI Deputy Chief of Prevention Meridian Fire Department 30 E Broadway Ave Suite 210 ' WYAV n Meridian, Idaho 83646 208-888-1234 02/24/2023 RE: Variance Request-2201E Gala St Chairman and Commissioners: I have looked at the request to add a suite numbr to an existing building without doing a tenant improvement. This causes several problems for the fire department. When the engine company (or Police or EMS) is sent to an address with a suite, the captain and crew walking in would expect to see a clearly marked suite and door to enter into. Creating a suite just for addressing where one does not exist creates confusion for fire crews. This can cause delays in care, or extinguishment of a fire. We met with the applicant and discussed dividing the building into two suites. This is the best option and they seemed amenable to it. This will create less confusion for fire, police and EMS. I recommend denial of the appeal. Please feel free to contact me with any questions. Thank you, Joseph Bongiorno Deputy Chief/Fire Marshal Meridian Fire Department 33 E. Broadway, Suite 210, Meridian, ID 83642 Phone 208-888-1234 Fax 208-895-0390 . www.meridiancity.org Mayor Robert E. Simison E City Council Members: IDIAN*4_�- Joe Borton John Overton Liz Strader Jessica Perreault D A H O Brad Hoaglun Luke Cavener March 2, 2023 TO: Meridian Planning and Zoning Commission FROM: Seth Oaks, Land Development Supervisor RE: Staff Recommendation on Application for Variance Applicant: Dr. Aaron Orme, 2201 E. Gala Street, Meridian, Idaho By letter dated December 21, 2022, Dr. Orme asked the Community Development Department to assign two suite numbers to the building he owns at 2201 E. Gala Street, one suite number for his business, Orme Family and Implant Dentistry, and one suite number for a second business operating at this location, Mountain View Pointe Dental. Meridian City Code section 8-2-7(E)(2)(b) 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. The building at 2201 E. Gala Street has only one tenant space. For this reason, by letter to Dr. Orme dated January 3, 2023, Staff had denied the requested assignment of suite numbers. On January 6, 2023 pursuant to Meridian City Code section 8-2-11(A)(1), Dr. Orme requested a variance from Meridian City Code section 8-2-7(E)(2)(b). Meridian City Code section 8-2- 11(A)(1) reads: 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 interest is secured. In granting any such variance or modification, the Commission may require conditions thereof as will, in its judgment, secure substantial compliance with the general principles of this chapter. The Planning and Zoning Commission held a hearing on the matter on February 2, 2023. The Commission received testimony from Dr. Orme and City staff, and ultimately continued the hearing, requesting that staff meet with Dr. Orme and Mountain View Pointe Dental to explore possible solutions. PAGE 2 STAFF RECOMMENDATION ON APPLICATION FOR VARIANCE APPLICANT:DR.AARON ORME,2201 E.GALA STREET,MERIDIAN,IDAHO On Wednesday, February 15, 2023, Joe Bongiorno (Deputy Fire Chief, Community Risk Reduction), John Shane (Building Inspection Supervisor), Seth Oaks (Land Development Supervisor), and Mercedes Amador(Civil Engineer Plans Examiner I)met with Dr. Orme and Sean Wasden Operation Manager at Mountain View Pointe Dental. City staff presented options that would meet the requirements for assigning suite numbers for the businesses. The first option discussed was for both dentists that occupy the building to form a partnership. This would mean that the two separate addresses would not be needed as they would operate as one business. Both doctors expressed that they would prefer to maintain the autonomy that they each have with their businesses. The second option presented was doing a tenant improvement to the building to create two separate suites. John Shane and Joe Bongiorno provided several options on how to divide the building with walls and doors to create separate tenant spaces. This would allow City staff to assign suite numbers pursuant to Meridian City Code section 8-2-7(E)(2)(b). Both Dr. Orme and Mr. Wasden appeared to be interested in pursuing an applicant for a building permit T.I. (tenant improvement)to install the dividing walls between the businesses. As of Monday 10 am, January 27, 2023 one was has not been received. In order for the Commission to grant the variance, the Commission must make all of the seven findings enumerated in Meridian City Code section 8-2-11(A). The following findings cannot be made: • The request will not grant a right or special privilege to the property owner that is not otherwise allowed under this chapter. (Meridian City Code section 8-2-11(A)(2)(b).) In compliance with Meridian City Code section 8-2-7(E)(2)(b), the City of Meridian's addressing staff routinely denies requests for assigned suite numbers where separate tenant spaces do not exist. Assigning suite numbers to the building at 2201 E. Gala Street would provide a special privilege in contravention of Meridian City Code. • 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. (Meridian City Code section 8-2-11(A)(2)(d).)As stated in the attached letter from Deputy Fire Chief Joe Bongiorno: "Creating a suite just for addressing where one does not exist creates confusion for fire crews. This can cause delays in care, or extinguishing of a fire." Assigning suite numbers to a building without separate tenant spaces will present a public safety issue and may confuse the accurate dispatch and delivery of emergency services. For these reasons, City staff recommends that the Commission deny the assignment of two separate suites to the building at 2201 E. Gala Street. Community Development Department. 33 E. Broadway Avenue, Suite# 102 . Meridian, ID 83642 Phone 208-877-2211 . www.meridiancity.org Mayor Robert E . Simison City Council Members . E IDIAN Treg Bernt Brad Hoaglun D A H O 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 & 24 (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 &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 ellyclerk@meridianciiy . 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 -241 . A copy of Title 8 , chapter 2 , Meridian City Code , is enclosed for your reference . Thank you for your inquiry. Si 1 , Bru r on irector, mmunity Development Department Encl. (2) ORME FAM I SLY & IMPI .A.NY' DENTISTRY EXPERIENCE • AESTHETICS • EXCELLENCE City Of Meridian Community Development 33 E Broadway Ave , Ste 102 Meridian , ID 83642 All , 21 Deco 200 222 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 , DDSC! Orme Family and Implant Dentistry Phone : 20M47- 5005 Fax : 208-205 - 8899 E - mail : Ormedentist! y�7a gmall Corn 2201 E . Gala St . , Meridian , ID 83642 8-2-3. - 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. Alley means 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. Board means the Board of Ada County Commissioners. Circular street means a street that travels in a loop and begins and ends at a common intersection. Commission means the Planning and Zoning Commission of the City of Meridian. Council means the City Council of the City of Meridian. County means Ada County. Cul-de-sac means a dead-end street that has a turnaround at its terminus. Department means the City of Meridian Community Development Department. lTD means the Idaho Transportation Department. Plat means a map of representation of a subdivision of land into lots, blocks, and roads to be recorded as a public document. Posttype means one (1)of the following labels attached as a suffix to the name of a street, avenue, boulevard, court, drive, lane, place, road, street or way. Predirection means a directional label added before a street name to indicate the street's direction of travel and its location in relation to the initial point of the address grid. Private street means and includes privately owned and maintained roads, streets, and lanes approved by the Director and private driveways which provide access to two (2) or more addressed structures or properties. Street means a private or public right-of-way which provides vehicular and pedestrian access to adjacent properties. It shall include the terms "street", "drive", "court", "private street", "private road", "road", "avenue", "boulevard", "lane", "place", "highway", and other such terms. (Ord. 17-1737, 7-5-2017) 8-2-4. -Approvals required. A. Address. Before any street is named or any address numbers posted on any street, there shall be obtained from the City of Meridian approval for the street name and the street address number. Official street names shall be maintained in the Assessor's Street Name and Address Database. B. Address number grid system. Before any grid system is established for the purpose of assigning address numbers, or before any existing grid system is changed, it shall be approved by the City of Meridian. All official grid systems shall be shown in the Assessor's Street Name and Address Database. (Ord. 17-1737, 7-5-2017) 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 "L" 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 cul-de-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 cul-de-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. Duplication of names prohibited. There shall be no duplication of street names by sound or spelling within any address numbering grid system area. Differentiation of an existing street name shall not be by the addition of a predirection, posttype, or by change in pronunciation. a. Exception. Street and road name duplications may be permitted only where the streets involved are situated within two(2)or more separate addressing grid system areas,and the department determines that such duplication will not cause confusion or jeopardize the public safety. 6. Existing names, preference. Where the proposed street is in general alignment with an existing street, and is determined by the department to be a continuation of that street, the existing street's name shall be continued to the proposed street together with the appropriate posttype. Where a proposed street is on the same alignment but is not connected to an existing street, the department shall designate a name giving preference to existing names. For a proposed street to be considered a continuation of an existing street, the department must find that all of the following circumstances are present. a. The two (2) segments' centerlines must be separated by no more than one (1) mile, as measured in the direction of travel; b. Extensions of the two (2) segments' centerlines must be separated by no more than one hundred feet(100'), as measured perpendicular to the direction of travel; c. The two (2) segments must not be situated in a manner that would cause duplication of address numbers across the two (2)segments; and d. Assigning the existing street name to the proposed street will not have a negative impact on the public safety or the delivery of public services. 7. Future street dedications. Names for future street dedications may be suggested by the person or agency proposing the street dedication, subject to all provisions of this chapter. 8. 1"shaped streets. Both portions of an "L" shaped street shall be assigned the same name if either leg is one hundred (100)feet or less in length; otherwise each leg shall be assigned a different name. 9. Length of name; special characters. Street names shall not be more than thirteen (13) characters in length, including spaces.All street names shall conform to this limitation except where nonconforming existing names are to be continued when extending existing streets or due to alignments. a. Special characters. Street names shall not contain special characters such as hyphens, apostrophes, dashes, or letters not occurring in the English alphabet. 10. Offensive names prohibited. Proposed street names shall not be vulgar, profane, obscene, indecent, violent, pornographic, discriminatory, or offensive to community standards as determined by the department. 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 ACHD. (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. All street address numbers shall conform to the grid system shown on the Assessor's Street Name and Address Database. A. Address districts. There are four (4) address districts within Ada County. the Boise, Meridian, Eagle, and Kuna Districts. The official boundaries of each district are stored in the Assessor's Street Name and Address Database. B. Initial point. Each address district has an initial point which designates the starting point of the district's address grid. 1. The initial point for the Meridian Address District is the intersection of Franklin Road and Meridian Road. C. General standards. The general standards for the Meridian Street Address Grid System are as follows: 1. Sixteen (16) grid blocks shall be assigned to the mile and three hundred thirty (330) feet between grid lines shall be the standard when establishing the grid system. 2. A standard one hundred (100) numbers per grid is hereby established. D. Assigned by Department. All address numbers shall be assigned by the Department. No other person or organization, public or private, shall assign any address number to any residence, business, industry, or use. 1. Assessor recommendation. At department's discretion, the department may seek recommendation from the Assessor of a proposed address number. E. Address numbers;guidelines. The following guidelines shall be used by the department to assign address numbers: 1. Limitation. Only one (1) address number shall be assigned to each residence, dwelling, structure, business, industry or other property. 2. Apartment buildings, office buildings, condominiums, duplexes, and townhouses. When individual structures within a common complex are designated with separate addresses, individual unit numbers shall be assigned so there is no duplication of unit designations within a building. First floor units shall be assigned 100-series numbers, second floor units shall be assigned 200-series numbers, and so on for each successive floor. Basement units shall be assigned 10-series numbers if the next higher floor is designated the first floor; or basements shall be designated 100-series if the next level is designated the second floor. a. Building identifiers. When complexes consisting of more than one (1) structure have been assigned a single address, each individual building shall also be assigned a letter. Unit or apartment numbers shall then be assigned in accordance with this section. b. 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. Circular streets. 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 or hyphenated 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. 12. Street frontage. If a structure is located on a lot which fronts only one(1)street,the structure shall be addressed to that street. When vehicular access is used from a point other than the street frontage then the following standards shall apply: a. Corner lots (commercial). The address shall be assigned to the street on which the driveway access is located. When a business fronts a main street but is accessed from a secondary street, an address number may be allowed to the main street if the primary entrance of the business faces the main street unless, as determined by the department, special circumstances exist where following this standard would negatively impact public safety or the delivery of public services. The building's address number shall appear on both faces of the building. b. Corner lots (residential). The address shall be assigned to the street on which the main entrance of the primary structure fronts. 13. Subdivisions. Address numbers shall be assigned to all subdivision lots in conformance with the Assessor's Street Name and Address Database. Addresses shall be assigned to all new subdivision lots based on the most likely location of a future structure's main entrance, as determined by the department. This address may be changed at the time of construction, if necessary to comply with the requirements of this section. In general, non-buildable lots such as landscape buffers and small common lots are exempt from this requirement. a. Subdivisions with alley designs will be addressed to the first public street to which the alley gains access except where the department determines that public safety including the accurate dispatch of emergency vehicles or delivery of emergency services dictates addressing the alley to an alternate public street. b. Subdivisions with common driveway designs will be addressed to the first public street to which the common driveway gains access. Street numbering shall continue with the numeric sequence of the public street's addressing numbers in consecutive ascending order from lowest to highest along the common driveway. (Ord. 17-1737, 7-5-2017) 8-2-8. -Street name signs; posting address numbers. A. Street name signs. All street name signs shall be installed and maintained in conformance with ACHD standards and the "Manual on Uniform Traffic Control Devices" (MUTCD). 1. Private streets. Installation and maintenance of street signs for private streets is the responsibility of the applicant or property owner; the department may require additional directional address mapping signs for private streets for public safety. B. 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) 8-2-9. - 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) 8-2-10. -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 of public 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. 2. Process for street name change. a. Public agency. Another public agency may request that an existing street name be changed by filing a written request with the department including the reasons for the requested change, or the department may do so at its discretion. b. Property owner. A property owner may request that his or her existing street name be changed by filing a written request with the department. The request shall include the applicant's name, address, street name to be changed, proposed new street name, reasons for the requested change, and in order for the request to be considered, the property owner must first obtain written consent to the proposed change by seventy-five (75) percent of the property owners having frontage on the subject street. The request must include the names, addresses, and signatures of the consenting property owners. c. Payment for new signs. A condition of an approved request to change an existing street name shall include payment for associated new street signs. d. Department recommendation. (1) Upon receipt of a request for a street name change or upon its own initiative, the department shall determine whether the change and proposed new name will comply with the requirements for street names as set forth in this chapter.As part of department review, the department shall forward the request to the Assessor and other agencies including emergency responders, and request comments on the proposed street name change, as well as confirmation that the proposed change will comport with the Assessor's Street Name and Address Database. (2) Following receipt of the Assessor's comments, the department shall either. (A) Prepare a written recommendation enumerating the department's findings, including the Assessor's comments and any input received from other agencies including emergency responders, and the proposed name of the existing street name that is to be changed, and schedule a public hearing on the matter before the commission using the notice provisions set forth in this section; or (B) Provide the property owner requesting the name change written notification of the department's denial of the request, including the reasons for the denial, along with information on the right to appeal the denial by seeking a variance by the commission according to the provisions governing variances as set forth in this chapter. e. Commission decision. Following the public hearing, the commission shall grant or deny the request, and in so doing, the commission shall take into consideration the testimony provided, the department's findings, the Assessor's comments, the impact of the proposed street name change on public safety including the accurate dispatch of 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; f. When an address is duplicated; g. When development takes place around an existing address causing a loss of street frontage to the street name of the existing address; h. When development takes place on previously addressed bare land; i. When the existing address's nonconformity with the addressing standards as set forth in this chapter interferes with the accurate dispatch of emergency vehicles or efficient delivery of public services. 3. Selection of new address number, guidelines. The department shall select the new address number or numbers to be used giving consideration to the following: a. The department may seek the recommendation of the Assessor for a change of an existing address number, but is not bound by the recommendation provided the change complies with the standards for address numbers as set forth in this chapter. 4. Department recommendation. a. Affecting one (1) to four (4) address changes. For changes to existing address numbers fewer than five (5), the department shall mail to affected property owners written notice of the address change no less than ninety(90)days before the effective date of the change as determined by the department. Notice shall include the reason for the address change along with information on the right to appeal to the commission to request a variance under this chapter. b. Affecting five (5) or more multiple related address changes. The department shall prepare a written recommendation enumerating the department's proposed address number changes, including the Assessor's comments and any input received from other agencies including emergency responders, and schedule a public hearing on the matter before the commission using the notice provisions set forth in this section. 5. Commission decision; affecting five (5) or more multiple related address changes. Following the public hearing, the commission, upon recommendation of the department, shall make an affirmative decision regarding the request to change five (5) or more multiple related addresses including the new address numbers to be used. In so doing, the commission shall take into consideration the impact on public safety including the accurate dispatch of emergency vehicles or delivery of emergency services, the date of the original dedication of said streets, the number of existing addresses on the streets in question, and any other factors pertinent to the changes in question. a. Notice of commission decision. The department shall mail all affected property owners written notification 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. 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 is administratively prudent; b. Public safety. 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 interest is secured. In granting any such variance or modification, the Commission may require conditions thereof as will, in its judgment, secure substantial compliance with the general principles of this chapter. 2. Variance;findings. A request for variance may be granted upon a finding by the Commission that all of the following conditions have been met. a. That the need for the requested variance is not the result of actions of the property owner or any person, firm, or corporation representing the property owner(self-created). b. That the requested variance will not grant a right or special privilege to the property owner that is not otherwise allowed under this chapter. C. That granting the requested variance will not adversely affect the addressing of future development or the rights of adjacent property owners or residents. d. 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. e. That for a requested variance of a proposed new street name decision; the variance requested will comply with street name standards set forth in this chapter if applicable. f. For commercial property, in addition to the other listed findings required by this section, the following must also be true: (1) That signage exists on the street to which the existing address is attached and will remain indefinitely as a condition of approval; (2) That the primary structure on the property will have continued frontage and be clearly visible from the street to which its existing address is attached; and (3) That potential impact of future development will not adversely affect the primary structure's visibility from the street to which its existing address is attached. (4) That the size of the primary structure attached to the existing address exceeds fifty thousand (50,000) square feet which is the minimum square footage to be considered for a variance. g. That the strict application of the requirements of this chapter of which variance is requested will constitute extraordinary hardship upon the property owner as follows; (1) Extraordinary hardship; findings. An extraordinary hardship may be found where two (2)or more of the following circumstances exist. (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 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. 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) 8-2-12. -Validity. A. Validity of remaining portions. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter, or any particular application thereof, be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this chapter. B. Failure of Commission to act. If in an instance the commission fails to act or carry out its responsibilities according to the regulations contained herein, the Council shall assume all the duties of the commission as herein specified in relation to the application concerned. (Ord. 17-1737, 7-5-2017) 8-2-13. -Violations and penalties. A. Signs to comply with Assessor's street name and address database. No person shall erect or install a street name sign which is not in accordance with the Assessor's street name and address database and the requirements of this chapter. B. Defacing street name signs or address identification. No person shall remove, alter, change, or otherwise deface a street name sign or address identification which exists in accordance with the Assessor's street name and address database and the requirements of this chapter. C. 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) v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Newkirk Neighborhood (H-2022-0088) by Conger Group, located at 4250 W. Franklin Rd. Application Materials: https:Hbit.ly/H-2022-0088 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. PUBLIC HEARING SIGN IN SHEET DATE: March 2, 2023 ITEM # ON AGENDA: 6 PROJECT NAME: Newkirk Neighborhood (H-2022-0088) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name I - 3 4 I 5 6 7 i 8 9 10 11 12 13 14 STAFF REPORT E IDIAN�-- COMMUNITY DEVELOPMENT DEPARTMENT p HEARING March 2,2023 Legend ������ DATE: b F Continued from:February , _ f �2 and 16 .Project Location i 2023 TO: Planning&Zoning Commission � I FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Newkirk Neighborhood AZ,PP H-2022-0088 ' LOCATION: 4250 W. Franklin Rd.,in the SW 1/4 of Section 10,T.3N.,R.1 W. (Parcel #S1210346801) I. PROJECT DESCRIPTION Annexation of 23.67 acres of land with a TN-R(Traditional Neighborhood Residential)zoning district; and Preliminary Plat consisting of 63 (44 single-family attached, 18 townhomes & 1 multi-family)building lots and 8 (5 landscape, I common driveway, I alley, 1 non-buildable)common lots on 21.06-acres of land in the TN-R district for Newkirk Neighborhood Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 21.06 acres(23.67 acres-annexation area) Future Land Use Designation Medium-High Density Residential(MHDR)in the Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use Single-family rural residential(SFR) Proposed Land Uses SFR attached dwellings,townhouse dwellings&multi-family development Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning TN-R Lots(#and type;bldg/common) 63 building/8 common lots Phasing plan(#of phases) 2(SFR/townhomes—Phase 1;multi-family—Phase 2) Number of Residential Units(type 278(44 single-family attached, 18 townhomes&216 apartments) of units) Density(gross&net) 13.2 units/acre(gross) Open Space(acres,total[%]/ 7.21 acres(or 35%)qualified buffer/qualified) Pagel Amenities Single-family area:play structure,swings,(2)seating areas, (2)shade structures,climbing rocks and a climbing dome. Multi-family area: clubhouse, fitness center,enclosed bike storage,dog park with waste station,swimming pool,walking trails,picnic area,bike repair station,outdoor seating area. Physical Features(waterways, The Kennedy Lateral crosses the northeast corner of the site and the Purdam hazards,flood plain,hillside) Gulch Drain runs along the southwest corner of the site. Neighborhood meeting date 9/21/2022 History(previous approvals) None B. Community Metric Description Details Ada County Highway District No comments received • Staff report(yes/no) No • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State A collector street(San Marcos Way)is required to be extended from the east H /Local)(Existin and Proposed) boundary to the west boundary of the site per the Master Street Map. Proposed Road Improvements Fire Service • Distance to Fire Station 2.4 miles from Station#2 • Fire Response Time Falls just outside of the 5-minute response time goal • Resource Reliability 82%(above the targeted goal of 80%) • Accessibility This project meets all required access,road widths,and turnarounds as presented in the preliminary plat. The shared drives shall have an address sign at each entrance,the roadways,common driveways,and alleys shall be maintained 365 days a year for fire,EMS,and police responses. • Additional See Fire Staff Report in the link provided below under Section IX(C). Comments/Concerns Police Service • Distance to Fire Station 4 miles from Meridian Police Department • Fire Response Time Expected response time is 4:17 minutes;Average emergency response time is 3:46 minutes for City of Meridian • Accessibility If Applicable,any climate-controlled multi-family developments,the Meridian Police Department required police access into each building's entry point using a multi-technology keypad per UDC 11-4-3-27G. See Meridian Police Department Staff Report in the link provided below under Section IX D . West Ada School District Distance(elem,ms,hs) Capacity of Schools Page 2 #of Students Enrolled West Ada School District has experienced sustained growth in student enrollment during the last ten years.Based on current enrollment data specific to new development{within the last 5 years]in proximity to this proposed development,we estimate this development consisting of 216 apartments and 62 single-family homes could house approximately 79 school aged children.Approval of this application will affect enrollments at the following schools in West Ada School District based on attendance areas for the 7022-23 school year.For your information,included in this data is the number of approved lots and multi-family units approved by this and other agencies. Approved MF units Proiected Approved lots per Per attendance Students from Enrollment Capacity adendance area area Approved Dev. Chaparral Elementary 498 700 618 2650 170 Meridian Middle School 1057 1250 656 2947 265 Meridian High School 1758 2075 3560 3613 750 School of Choice Options Chief Joseph Elementary—Arts 525 700 N/A N/A Barbara Morgan STEM Academy 416 500 N/A N/A #of students estimated for this 79 development Wastewater • Wastewater Modeling -Additional 9500 gpd committed to model.WRRF decline balance is 14.57 MGD -Sewer and water running in parallel require 30-feet 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. • Project Consistent with WW Master Plan/Facility Plan • Impacts/Concerns See Public Works Site Specific Conditions Water • Distance to Services • Pressure Zone • Estimated Project Water ERU's • Water Quality Concerns Each Phase will need to be modeled independently to verify adequate pressure. • Project Consistent with Water Yes Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions Page 3 1 1 1 - . - ump►a■■► .. q...r "W. 0In11n�11 L•1�.�.■:::p:Iluml nm■gip�, - • 1 - � IIII� .i111■:►11111111111111111111�ri1% • - • 'I - - /t ■■ ■-;al IInnllnl�Pln i-�mm�� � ` - 111... � \ nnM"411e-mMunlumlmunnm�� � F..ANKLI14.1111 o noun♦i ♦ __-_ e unnm►�i♦\mn--- mmm�•G ♦♦ _ • � - IIIO///11••.� ��:� �./■/�i IIII/�/11••.• ��:� �.■.!�i 11111//O■u►��. •A�/Q� 111••Ol.u►��s �q�ji�, iq Ijii ■■■�p ■.C �::p.. ►i = I ��::�.Inl►p�tuuun � I L1!1.■_:-- NINE INE nnn�p-III►G m nnn�.pill►- num a f.1� •i■_.p■innn I per.!= • -• '• - m nmm�.��.-� �-�`•� .�••.....:.111111111 IIII : ,.I�= 111 IIIIIIIIXI.,.I�- .111_ ■■ al Inn111n1 ml ilmm�qne1111apnl ilnm■-�i 11111=• pp m . X■ 3 a� _ ♦ IIIIIIII ■■ — /'. - -11111•-, Doi _ 1''♦ ------=%-.Ilu.-. .r♦non'-'-__== \.III I ■, ■Q,nllll==,=-__==�;.IIIIl1 a� � aC ■I-_.111111-===�:,.IIIIII\-- -•,•���X (_�nnu=_3===::nnnnn ,�^ -_ nunuul uo�1 i��► nn•���neem�umumunlln un.���n_em�uumuuwuuuw .u.l� IIIII11 I —��_ lIIIIIIII� . •�� ••� n-�'I =F �ANKLI�N unln►j�nn■nnnglll" LIEU � mlln►�rw.■nungll■mmm� - noon== LIp - p pnunn=_gn Alum■ mml= =noun-O -i-Munn= gum=_ . ♦.gum=_ �u1\� ♦-♦i\mn=___ =unnnl\ C. Representative: Laren Bailey, Conger Group—4824 W. Fairview Avenue,Boise, ID 83706 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 1/18/2023 Radius notification mailed to property owners within 500 feet 1/12/2023 Public hearing notice sign posted 2/17/2023 on site Nextdoor posting 1/13/2023 V. COMPREHENSIVE PLAN ANALYSIS This property is designated Medium High-Density Residential(MHDR)on the Future Land Use Map (FLUM)and is located within the area governed by the Ten Mile Specific Area Plan(TMISAP). LANs USE: MHDR areas are locations recommended primarily for relatively dense multi-family housing types, such as row houses,townhouses, and condominium and apartment buildings and complexes. These areas should have a mix of housing types that achieve an overall average density target of 12 dwelling units per gross acre with densities ranging from 8-15 units per acre. MHDR areas typically are relatively compact areas within a larger neighborhood and generally should be located around and near more intensely developed areas, such as Mixed Use Commercial or Employment areas,in order to provide convenient access to these commercial activity and employment centers for the greatest number of residents. Apartment buildings are desired to be accessed via shared entrances and hallways. The proposed development incorporates a mix of single-family attached homes with(44) front-loaded garages, (18)alley-loaded townhouses and(216)multi-family apartments at an overall gross density of 13.2 units per acre consistent with the density desired in the MHDR FLUM designation in the TMISAP. The apartment buildings have enclosed shared accesses but not shared hallways. This property is in an area that's largely developed with and planned for medium high-density residential uses. Mixed Use—Commercial areas are in the development process approximately'/4 mile to the east and Employment areas are designated approximately'/2 mile to the west and south. The Ten Mile interchange is also within about 1.5 miles to the southeast of the site. TRANSPORTATION: ACHD's Master Street Map(MSM) depicts a new towncenter collector street across this property from the west to the east boundary connecting to N. San Marco Way. The Transportation System Map in the TMISAP lists the functional classification for this street as a collector street and the Street Section Map lists the design classification as a major collector street,which is intended to be constructed consistent with Street Section C as follows: Page 5 19' 6' B' 6' 11' IT I G 8' &' lnvd Lane Nvel Lane Lane Lane Curbto-cab Islanre This street is planned to eventually provide a connection from W. Franklin Rd.to the west past N. McDermott Rd. Local streets, an alley and a common driveway are proposed internally for access to the proposed residential units. DESIGN: All residential neighborhoods in the Ten Mile Interchange area should be developed in consideration of Traditional Neighborhood Design(TND)principals and concepts and the standards established by the City for the TN-R district. Future development should be consistent with the design elements in the TMISAP for the MHDR FLUM designation as determined by the Application of the Design Elements table(see pg. 3-49), as follows: (Staff's analysis of consistency with these elements is in italics) 3-33. Street-oriented Design: Useable porches should be a dominant element of residential buildings and should be located along at least 30%of the front fagade of the buildings—a higher percentage is recommended as is the location of porches on one or more side facades. When possible, garages should be loaded from a rear alleyway. Where garages must be accessed from the front,the garages must be located no less than 20' behind the primary facade. Front-loaded 2-car garages that are visible from the primary street must be designed with two(2)separate garage doors. Out of the 62 single-family attached/townhome units, only 18 are alley-loaded,the other 44 are all front loaded with living area 20'behind the garages away from the street. None of the units have usable porches that meet the guideline, except for the multi family apartments.No porches are proposed on the side facades.All units have single 2-car garage doors, not separate doors. Covered entries to the units are proposed,however, these areas are not usable as a porch as they are barely wider than the doors[i.e. 14"wider on the attached units(8"on each side of the door) and 3'wider on the townhouse units(18"on each side of the door)]and are located to the side and rear of the garages—not on the front facade as desired.In order to meet the minimum guideline of 30%, minimum 7.5'wide porches would need to be provided for each attached unit, and 6.6'wide porches would need to be provided for each townhome unit—this would still not provide very "usable"porches as the entryway to the door takes up most of that space. Revisions to the plans and elevations are necessary to meet the street-oriented design criteria likely resulting in wider lots with a reduction in the number of units/lots. Staff recommends more alley-loaded townhomes are provided as an alternative to wider lots for attached units in order to meet the design criteria and not lose as many lots.A different product type should be provided for the attached units with garages at least 20'behind the primary facade, building entrances facing the street with front/side porches that provide usable area that meets the minimum guidelines. Front-loaded 2-car garages that are visible from the primary street must be designed with two(2) separate garage doors. • 3-34.Buildings to Scale: Everything seen and experienced from the sidewalk—building fronts, lighting,open space—should be designed for human interaction at a pedestrian's perspective. Key elements to consider are the continuity of the building sizes,how the street-level and upper-level Page 6 architectural detailing is treated, elements that anchor and emphasize pedestrian scale,roof forms, rhythm of windows and doors, and general relationship of buildings to public spaces such as streets, plazas and other open space. Human-scale design is critical to the success of built places for pedestrians. Building entrances should be placed close to the street; ground floor windows, articulated facades, appropriately scaled lighting, awnings and other weather protection should be provided. Continuity of building sizes is proposed but with little variation inform and design of any of the structures. The street-level and upper-level architectural detailing offer few differences in the attached and townhome units,architectural detailing between the first two (2)stories on the multi family units are generally the same with a different siding material on the third story. Elements that anchor and emphasize pedestrian scale are windows, doors, weather protection/roofs over windows and doors, window pop-outs and recesses—the addition of masonry accents on the first floor facades would assist in emphasizing pedestrian scale and durability& quality of materials. Building entrances are not placed at the street on attached units as desired,they are located at the rear of the garages away from the street with garages facing the street. Building entrances for the townhomes face the street as desired because these units are alley-loaded. Buildings/living area are not oriented to open space areas or public spaces such as streets(except for the 18 townhome units) as desired. Revisions to the plans and elevations are necessary to meet this design criteria.More architectural variety and details should be provided to differentiate between the street-level and upper-level units.Lighting at a pedestrian-scale should be provided on the buildings facing the street and internal walkways.A different product type should be provided for the attached units with garages behind the units, building entrances facing the street with front/side porches. 3-36.Neighborhood Design: All residential neighborhoods in the Ten Mile interchange area should be developed in consideration of traditional neighborhood design principles and concepts,which pertain to mixed housing stock, architecture and design, streetscapes and streets. Front porches and garages accessed from an alley are usually the standard in residential areas;parking for homes is primarily located behind buildings. Streetscape design relates to the street itself and consists of landscaped parkways with trees between curbs and sidewalks, adjacent sidewalks and front yard spaces and provides public space for street trees, street furniture and view corridors. Other aspects of neighborhood design that contribute to a traditional streetscape are connected network of streets, alleys and sidewalks. Roadways and pedestrian ways are interconnected so that access for pedestrians, cyclists and automobile drivers is direct and convenient and allows traffic to be dispersed through a variety of streets and ways.Narrower streets designed with TND characteristics result in slower moving traffic and provide a safer,more pleasant pedestrian environment and encourages interaction among residents. A diversity of residential housing types is proposed for a variety of housing choices within the same neighborhood as desired.Although two(2) different "types"of architecture are proposed for each of the three(3) housing types, the form is the same and the trim details only vary slightly—only some of the materials and window placements are different—more variety should be provided. As previously noted, usable porches that meet the minimum guidelines are not provided for the single-family attached and townhome units as desired.Alley-accessed garages and parking are only provided for the 18 townhome units;the 44 single-family attached units are all accessed from the street with parking in front of the garages facing the street, which is not desired.Landscaped parkways are proposed as desired with view corridors but no street furniture is proposed except for a couple of benches along the southwest side of the collector street.A connected network of narrow streets, alleys and sidewalks is proposed as desired. ACHD is requiring traffic calming measures to be provided in the collector street to slow traffic. Page 7 Revisions to the plans and elevations are necessary to meet this design criteria.A different product type should be provided for the attached units with garages set back at least 20'behind the primary facade(alley-accessed townhomes are preferred), building entrances facing the street with front/side porches that meet the minimum guidelines, and more street furniture should be provided.More variety between the building types,materials and architectural features should also be provided. 3-37.Building Form& Character: Building Facades—Buildings should be designed so that their primary facades relate to active public spaces and pedestrian areas. The primary fagade of a structure is that frontage of the building that has been designed and detailed so as to represent the building's most important elevations. The primary fagade should always include an entry into the building. Entries should be located so as to provide direct access from adjacent public spaces,primary streets and activity areas. Access from walkways should be uninterrupted by vehicular traffic. Buildings should be located so as to help frame adjacent public spaces and to provide an architectural backdrop for associated passive and active activities. The space between a building fagade and the adjacent walkway should be appropriately landscaped with a combination of lawns,groundcover, shrubs and trees. The townhomes are designed so that their primary facades face the street with direct pedestrian access from primary streets; access from walkways is uninterrupted by vehicular traffic as garages are accessed from alleys. The single-family attached structures, which make up 71% of the single- family and townhome units, are not designed so that their primary facade relates to active pedestrian areas or public spaces—the garages face the street,the entry is at the living area 20' behind the garages. Building entries do not have direct pedestrian access from the street because garages are in front of the living area facing the street;access from walkways is interrupted by vehicle traffic because all of the units have front-loaded garages and driveways. The multi family units have direct pedestrian access that is uninterrupted by traffic because walkways are proposed up next to the buildings. None of the units, including multi family units,frame open space areas; only the townhome units frame the streets as desired.Landscaping is not depicted on the plan in the space between building facades and adjacent walkways as desired. Revisions to the plans and elevations are necessary to meet this design criteria.A different product type should be provided for the attached units with garages set back at least 20'behind the primary facade.More alley-accessed townhomes are preferred as they would help frame adjacent public spaces and streets and provide more TND for this area. The space between the building facade and adjacent walkway should be appropriately landscaped with a combination of lawns, groundcover,shrubs and trees;a landscape plan should be submitted that demonstrates compliance with this guideline. Building Heights: Low-rise buildings of 2-4 stories over much of the area is recommended. Two-story single-family attached and townhome structures and 3-story multi family structures are proposed in accord with this guideline. • Pitched Roofs: A mix of flat and pitched roofs are anticipated in the Ten Mile area based on a wide variety of individual buildings. Pitched roofs should be,where possible, symmetrical hips or gables, with a pitch between 4:12 and 12:12 with an overhang of at least 12 inches and a maximum of 2.5'. Roof brackets and rafter tail treatments are encouraged. All of the roof pitches proposed fall within the desired pitch range. Corbels are depicted on all of the concept elevations;rafter tail treatments are encouraged as well as other design elements as noted in the ASM. Page 8 • 3-47.Public Art: Public art should be incorporated into the design of streetscapes,public buildings, parks,transit, infrastructure, and other public projects in the Ten Mile area. Public art should be meaningful and encourage the free flow of ideas and cultural ideologies. Public art should be integrated into either the architectural design or the design of plazas and public spaces associated with a building and should be easily visible to the public(e.g.visible from the street or publicly accessible open spaces rather than interior courtyards). Public art is not proposed but should be provided in accord with this guideline. Details should be submitted prior to the City Council hearing on what type of public art is proposed and the location of such. The provision of public art would also qualify as another amenity(I point). 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 single-family attached dwellings, townhouse dwellings and multi family apartments will contribute to the variety of housing types available within the City. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "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) This area contains a variety of housing types, including single-family attached and detached homes, townhomes and apartments, which contributes to the diversity in housing types available within the City. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The western portion of the site proposed to develop with single-family attached and townhouse dwellings should be compatible with adjacent like uses to the west and south; the eastern portion of the site proposed to develop with multi family apartments should be compatible with adjacent townhouse and multi family apartments to the east. The railroad tracks and associated right-of-way provides a 200 foot separation between single-family detached homes and the proposed development. The street buffer and associated landscaping along the proposed collector street(N. San Marco Way) will assist in buffering the single-family attached and detached homes and townhomes to the south. The proposed density should be compatible with adjacent existing and future development in the MHDR designated area. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential uses and site design should be generally compatible with adjacent residential uses and developments. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) Page 9 The proposed infill development shouldn't negatively impact adjacent existing properties as similar uses and densities exist and/or are planned in this area. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though 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) There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any pathways stubbed to this property other than sidewalks along public streets. The sidewalks along streets will promote pedestrian connectivity with adjacent neighborhoods. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, the septic system for the existing home is required to be removed with development. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 23.67 acres of land with a TN-R(Traditional Neighborhood Residential)zoning district which is listed in the Zoning District Compatibility Matrix in the TMISAP as one of the best choices for zoning in the MHDR designation. A preliminary plat and conceptual building elevations were submitted,included in Section Vlll, showing how the property is proposed to be subdivided into 63 building lots and 8 common lots for the development of 44 single-family attached dwellings, 18 townhome dwellings &216 apartments for a total of 278 new residential units. The proposed residential use,mix of housing types and density of the development is consistent with the MHDR FLUM designation; however,the proposed architectural design,especially for the attached units,does not comply with the TND guidelines in the TMISAP,as discussed above.Development in this area should conform to these guidelines in order to be deemed consistent with the Plan and in the best interest of the City for annexation. Staff recommends revisions to the plans as noted above in Section V prior to Commission action on this application. This property, along with two (2) 1-acre properties to the south, are enclaves surrounded by existing and future residential uses—single-family residential detached homes exist to the north(Chesterfield), townhome dwellings are in the development process to the south(Ascent),townhome-style multi-family Page 10 dwellings exists to the east(Entrada Farms), single-family attached and detached homes are in the development process to the south(Alamar); and single-family attached homes are anticipated to develop on the property to the west(Aviator). A legal description and exhibit map for the boundary of the property proposed to be annexed is included in Section VIII.A. This property is within the City's Area of City Impact boundary and within the area governed by the Ten Mile Interchange Specific Area Plan(TMISAP), as discussed above in Section V. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): A preliminary plat is proposed consisting of 63 [44 single-family attached, 18 townhomes&one (1) multi-family lot for 216 apartment units] building lots and eight(8) [five(5) landscape, one (1)common driveway, one(1) alley and one(1)non-buildable)common lots on 21.06-acres of land in the TN-R district. Proposed lots range in size from 2,090 to 4,257 square feet(s.f.)with an average lot size of 2,790 sf. The subdivision is proposed to develop in two(2)phases as shown on the preliminary plat in Section VIII.B. The single-family residential portion is proposed to develop with the first phase and the multi-family development in the second phase. Single-family attached dwellings,townhome dwellings and multi-family developments are listed as a principal permitted use in the TN-R zoning district per UDC Table 11-2D-2. Multi-family developments are subject to the specific use standards listed in UDC 11-4-3-27;review of the development for consistency with these standards will occur with the Certificate of Zoning Compliance application. Existing Structures/Site Improvements: There is an existing home and several outbuildings on the property that are proposed to be removed with development. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC Table 11-2D-6): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R zoning district. There is no minimum lot size in the TN-R district; each building site is required to be of sufficient size to meet the minimum setbacks for the district. A minimum of two (2)housing types are provided as required. Access: Access is proposed via the extension of N. San Marco Way, a collector street,at the southeast corner of the subdivision. San Marco Way will extend to the west boundary and connect with W. Aviator St. to be extended with Aviator Subdivision(H-2020-0111). This property and three(3)properties to the south take access from Zimmerman Ln., a private street;two (2)of these properties don't have public street frontage. ACHD is requiring Zimmerman Ln.to be dedicated and improved as a local public street in order to provide a north/south street connection between Franklin Rd. and the collector street,public street frontage for the two parcels to the south, and access to Ascent Subdivision from a local street,which will enable their temporary vehicle access to be converted to emergency and pedestrian access only. The plat should be revised accordingly. Three(3) stub streets (i.e.E. Chair Lift St.,W.Atomic St. and W. Ski Hill St.)exist in Ascent Subdivision that are required to be extended with development as required by ACHD. A street is planned to stub at the south boundary of the subject property from Alamar Subdivision near the southwest corner of this site per the approved preliminary plat(H-2022-0004). The development agreement for Alamar(Inst. #2022-065010) states the final alignment at the north property line shall be Page 11 determined at the time of the second final plat submittal to allow the developer flexibility to work with this developer on the alignment. Although the second phase final plat has not yet been submitted,the common lot at the northwest corner of the Alamar development was included in the first phase(FP- 2022-0027)with the southern portion of the north/south street(N. Feather Reed Ave.),which essentially dictates alignment of the street north to the collector street.ACHD is requiring a stub street to be provided from the collector street to the south boundary of the subdivision in alignment with Feather Reed to the south;ACHD is not requiring Wolfsburg to align with that street. Staff is concerned about the proximity of N. Wolfsburg Ave. to Feather Reed and safety of left-turn movements onto the collector from both of those streets. The collector street has a fairly significant curve in this location as well that may hinder sight distance. Common Driveway(UDC 11-6C-3D): One(1) common driveway is proposed at the northwest corner of the site on Lot 10,Block 1 for access to Lots 11-14,Block 1. Common driveways are allowed to serve a maximum of four(4) dwelling units; in no case shall more than three(3) dwelling units be located on one(1) side of the driveway. A total of four(4) dwelling units are proposed on the north side of the driveway; the final plat and common driveway exhibit shall be revised to depict a maximum of three(3)units on one(1)side of the driveway as required; or, alternative compliance may be requested as set forth in UDC 11-5B-5. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveway,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. This may be accomplished through depiction of the easement on the face of the final plat and an accompanying note.If a separate easement is recorded,a copy should be submitted to the Planning Division with the final plat for City Engineer signature. Alleys (UDC 11-6C-3B.5): One(1)20-foot wide alley is proposed for access to the townhome lots in Block 3. The Alley should be constructed in accord with the standards listed in UDC 11-6C-3B.5.A detail of the alley should be submitted with the final plat that demonstrates complies with these standards. Parking: All single-family attached and townhouse dwelling units are proposed to have a 2-car garage with a 2-space parking pad consistent with UDC Table 11-3C-6 for 1-to 4-bedroom units; if any units contain more than 4 bedrooms, an additional two(2) spaces are required with at least one(1)of those being an enclosed space. An additional 38 on-street parking spaces(0.5+per home) are available for residents and guests as shown on the parking exhibit in Section VIII.1. These spaces are located adjacent to common areas and in front of the townhome units as there is not adequate room in front of the attached units for on-street parking with the width of the lots vs.the driveways. With the narrow 27-foot wide streets proposed internally,which are desired with TND,parking is only allowed on one side of the street. A minimum of 430 parking spaces are required to be provided for the multi-family development based on 48 1-bedroom units and 168 2-bedroom units,with 216 of those spaces being in a covered carport or garage,per UDC Table 11-3C-6. A total of 442 parking spaces are proposed overall,which exceeds the minimum by 12 spaces,with 221 of those spaces covered. Based on the number of parking spaces provided(442),a minimum of 18 bicycle parking spaces are required per UDC 11-3C-6G, in accord with the standards in UDC 11-3C-5C. A total of 18 spaces are proposed. Staff recommends a bicycle rack is provided for each building and for the clubhouse. Landscaping(UDC 11-3B): A 20-foot wide street buffer with an 8-foot wide parkway planted with Class II trees and a 5-foot wide detached sidewalk is required to be provided along N. San Marco Way, a collector street,per UDC Table 11-2D-6, landscaped per the updated standards listed in UDC 11-3B-7C. An 8-foot wide parkway with Class 11 trees is required along all local streets per UDC Table 11-2D-6, landscaped per the standards listed in UDC I1-3B-7C. Page 12 All common open space areas are required to be landscaped with one deciduous shade tree for every 5,000 square feet of area and include a variety of trees, shrubs, lawn or other vegetative groundcover per UDC 11-3G-5B.3. Shrubs should be added to common open space areas and the calculations table on the landscape plan should be revised to include this updated standard; a minimum of 28 trees are required. There are several existing trees on this site that will be removed with development. An existing tree inventory and mitigation plan is included in Section VIII.H. Mitigation is required to be provided per the standards listed in UDC 11-3B-IOC.5; calculations demonstrating compliance should be included on the landscape plan submitted with the final plat application. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C. Common Open Space(UDC 11-3G-3): A minimum of 15%qualified open space is required to be provided within the single-family and townhome portion of the development per Table I1-3G-3 for the TN-R zoning district. Based on 10.01 acres of land, a minimum of 1.5 acres is required to be provided that complies with the standards listed in UDC 11-3G-3B.Note: The multi family development is exempt from these standards and is instead required to comply with the common open space standards listed in UDC 11-4-3-27C. The multi family development will be reviewed for compliance with those standards with the Certificate of Zoning Compliance application. The exhibit included in Section VIIIY depicts 35.4%(or 3.55 acres) of common open space for the single-family and townhome portion of the development consisting of three(3)large common areas over 5,000 square feet(s.£)at 41,652 and 9,239 s.f. and a large area at the south end of the site west of the collector; 8-foot wide landscaped parkways along the townhome lots; and landscaped linear open space. The common lot at the southwest corner of the development will adjoin common area in Alamar Subdivision if the stub street to the south is relocated further to the east as required. The collector street buffers do not count toward qualified open space unless they meet the enhanced buffer requirements noted in UDC 11-3G-3B.3,which is interpreted to mean buffer landscape materials consistent with entryway corridors listed in UDC 11-3B-7C.3f. On the south side of the collector,the linear open space that is outside of the buffer may count if landscaped per the standards listed in UDC 11-3B. Preferably,the open space exhibit should be revised prior to the Commission hearing but at the latest before the City Council hearing,to include landscaping and other design features that demonstrate compliance with the quality and qualified open space standards listed in UDC 11-3G- 3A.2 and 11-3G-3B and TND design.Any areas that don't qualify should be depicted as non- qualifying open space.When multi-family is approved concurrently with single-family,the minimum open space requirements in UDC 11-3G-3 shall apply to the gross land area of the entire development. In order to qualify,common areas should be landscaped per the updated standards listed in UDC 11-3G-4B.3; parkways and street buffers should be landscaped per the standards listed in UDC H- 3A-17E and 11-3B-7C[collector buffers must meet the enhanced buffer requirements(i.e. entryway corridor standards)in order to qualify]; stormwater swales that are incorporated into required landscaped areas should comply with the standards listed in UDC 11-3B-11C, and linear open space should be landscaped per the requirements in UDC 11-3B. Site Amenities(UDC 11-3G-4): A minimum of two (2)points of site amenities are required based on the area of the single-family/townhome portion of the development. Qualified amenities should include features listed in UDC Table 11-3G-4. A 5,000+s.£ children's playground with a play structure, swings, climbing rocks, a climbing dome, seating benches, and a shade structure within a safe fenced area(3 points)is proposed which meets the minimum standard. The provision of public art, as recommended, will also qualifty as an amenity(1 point). The"pathway park" consisting of 9,239 s.f. at the southwest corner of the development where a shade structure,pathway and seating area is Page 13 proposed should include a picnic table in order to qualify as a picnic area(2 points).Required sidewalks adjacent to public right-of-way do not qualify. Overall,the proposed amenities exceed the minimum standards.Note: The multi family development is exempt from these standards and is instead required to comply with the site amenity standards listed in UDC 11-4-3-27D. The multi family development will be reviewed for compliance with those standards with the Certificate of Zoning Compliance application. Pathways: The Pathways Master Plan does not depict a multi-use pathway on this site.No pathways are proposed except for sidewalks required along streets within the development. Sidewalks(11-3A-17): A 5-foot wide detached sidewalk is required along W. Franklin Rd., an arterial street, and along local streets in the TN-R zone within the development; and a 6-foot wide detached sidewalk is required along N. San Marco Way, a collector street per Street Section C in the TMISAP, consistent with the 6-foot wide sidewalk in Entrada Farms to the east. Fencing 11( 3A-D: Fencing should comply with the standards listed in UDC 11-3A-7. Six-foot tall solid vinyl fencing is proposed around the west and north perimeter boundaries of the subdivision and on shared lot lines between building and common lots that are visible from the public street, as shown on the landscape plan. A 5' tall open vision iron fence is proposed around the children's playground area. A 2-rail split rail fence is proposed at the back edge of the street buffer along the northeast side of San Marco Way on the multi-family portion of the site. Fencing is not proposed along the perimeter of Lot 1,Block 4 where it adjoins future common area in Alamar Subdivision and should not be so that residents of both subdivisions can enjoy a larger common area. Lighting(UDC 11-2D-6F1: In addition to the standards set forth in UDC 11-3A-I1 of this title,the following standards shall apply within the TN-R district: All dwelling units shall have a minimum of two (2)lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two (2)lights along the alley. All lighting required in this section shall prevent uplighting and shall be on a photocell that activates the lighting at dusk and turns it off at dawn. Waterways: The Kennedy Lateral crosses the northeast corner of this site within a parcel of land owned by the irrigation district. This parcel bisects the subject property into two (2)parcels. The Applicant is working with the irrigation district to try to deed the small"triangle"area on the north side of the lateral to the irrigation district because it is of no value to this development. A 6-foot tall closed vision vinyl fence is proposed adjacent to the lateral; UDC 11-3A-6C.3 requires an open vision fence at least 6-feet in height and having an 11-gauge, 2-inch mesh or other construction, equivalent in ability to deter access to the lateral. Staff recommends a 6-foot tall wrought iron fence is provided in this area to deter access to the lateral. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical rroort was submitted with this subdivision. Building Elevations: Conceptual building elevations were submitted for the proposed structures within the development as shown in Section VIII.I. Two (2)elevations were submitted for the 2-story attached units proposed in Blocks 1 and 2 and for the 2-story townhome units attached in units of three(3) proposed in Block 3; building materials consist of a mix of board&batten siding, soffit board siding, Page 14 cottage lap siding and shake siding. Two(2)elevations and perspectives were submitted for the 3-story multi-family apartment buildings; building materials consist of mix of board&batten siding and horizontal lap siding with fiber cement panel accents. An elevation was submitted for the clubhouse; building materials consist of a mix of board&batten siding and horizontal lap siding with stone veneer accents. The proposed elevations are not approved and should be revised to incorporate traditional neighborhood design elements as set forth in the TMISAP, as noted above in Section V, and in the Architectural Standards Manual(ASM).Revised elevations should be submitted that demonstrate compliance with these guidelines and standards prior to Commission action on this application. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for the multi- family portion of the development; compliance with the specific use standards listed in UDC 11-4-3-27 is required. Design Review: A design review application(s)is required to be submitted for all single-family attached, townhouse and multi-family structures within the development. Final design of all structures should comply with the standards for traditional neighborhood design listed in the Architectural Standards Manual(ASM) and the traditional neighborhood design guidelines in the Ten Mile Interchange Specific Area Plan (TMISAP)for the MHDR FLUM designation(see the Application of Design Elements table on pg.3-49).Note: Staff has not reviewed the proposed elevations for consistency with the design standards in the ASM; this review will take place with submittal of the design review application.The Applicant should closely review these standards when making changes to the elevations in order to most accuratley represent the style and construction of homes proposed to be constructed on this site. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X if revisions are made to the plans as recommended by Staff that are consistent with the traditional neighborhood design guidelines in the TMISAP. Page 15 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map avvtooth Land Surveying, LLC r- P:(208)398-61 pa f:(206)39b-8105 21030 5.Wa5hmgton Ave.,Emmett, ID 536 17 Newkirk Annexation Description BASIS OF BEARING is N. 891115'34"VV., between a found aluminum cap PLS 14221 marking the SIJ4 corner of Section 10 and a found aluminum cap PLS 14221 marking the SW corner of Section 10, both in Township 3 North, Range 1 West,l66se Meridian, City of Meridian,Ada County, Idaho. A parcel of land located in the E1/2 of the SW1/4 of Section 10,T.3 N., R. 1 W_, B_M_, City of Meridian, Ada County,Idaho more particularly described as follows; COMMENCING at an aluminum cap marking the S1/4 corner of said Section W; Thence N. 89015'34"W-r coinddent with the south line of said SWLJ4,a distance of 743.09 feet tip the POINT OF BEGINNING; Thence contlnuing, N. D9015'34"VV., coincident with said south line,50.00 fleet; Thence N.003426'E., coincident with the west right of way of N.Zimmerman Lane and the extension thereof,903.05 feet to the approximate centerline of the Purdam Drain said paint Wine d S-0°34'25"W., 10.00 feet with a 5/8"rebar with cap PL511779; Thence coincident with said centerline the following three(3)courses and distances; Thence N.60°56'14"W.,425.75 feet; Thence S.59404'26"W., 103.00 feet; Thence N.5T29'07"W,, 74.36 feet to tale west line of dhe east half of the SEi/4 of the S 1/4,said point witnessed N.0636'35"E., 69.53 feet with a 518" rebar with cap PLS 12464; Thence N.(r36'35"E.,coincident with said west line,6 14.70 feet to the centerline of the railroad right of way,- Thence S. 88026'46" E.,coincident with said centerline, 1097.69 feet; Thence leaving said centerline, 5, 0135004"W., 216.64 feet to a 5{S"rebar with no cap,hereafter referred to as"Point A"on the soulthwesteriy right of way of the Kennedy Lateral; Thence continuing,S.0°35'04"W.,. 1250.38 feet to the approximate centerline of said Purdarn Drain, said point witnessed N.0035'04" E.,42.00 feet with a 5/8"rebar rvO cap PLS 11779; Thence N. 39111540"W., coincident with said centerline,813.62 feet to a paint on the east right of way of said N.Zimmerman Lane,said point witnessed S_ V34'26"W., 20,00 feet with a 5/8"rebar with no cap; P Q0210 1 M121381-NEWKIRK TOPO Survey',Drawings�0escnptions1121381 Newwk Annexation 1)escnp1ion.dgcx Page 16 Thence S. 01134'26' W., coincident with said east:right of way and the extension thereof,843.25 feet to the POINT OF BEGINNING. LESS and EXCEPTING a parcel of land more particularly described as follows: BEGINNING at the aforementioned "Point A"r, i Thence N_ 42°5T39"W.,coincident with the southwesterly right of way of said Kennedy Lateral,25.93 feet to a 5/8'rebar with cap PLS 11779; Thence N. 58°29425"W,,coincident with said southwesterly right of way, 133.89 feet to a 5/8" rebar with cap PLS 11779; Thence N. 88°22'37"W.,coincident with said southwesterly right of way, 186.62 feet to a 5/8" rebar with cap 131-5 11779; Thence W 101241" E., coincident with said southwester-ly right of way,31.04 feet to a 5/8" rebar wit#i cap PLS 11779 on the southerly railroad right of way; Thence S, 88"26046"E., coincident with said southerly railroad right of way,232.69 feet to a 5/8"rebar with cap PLS 11779 on the northeasterly right of way of said Kennedy Lateral, Thence S. 58°29'25"E.,coincident with Said northeasterly right of way, 100,62 feet to a 5/8"rebar with cap PLS 11779; Thence S. 01135'04"W., 66.38 feet to the POINT OF BEGINNING. Said parcel contains 23.669 acres more or less. L � o � P:%202Ik1€MT1121381-NEUUKIRK TOP01Surve0Drawings0escriptionsl121381 Newkirk Annexation Desedpho n.dorx , I2 Page 17 PROS. — - — I { Sw1m%§o-f 1097.w 1 MON PACIFIC RAILROAD 5&?-lEv('f 1097,M Ln rn n t � ,A&A 14 Qq ! r ' ' , &Ito I HU ,a a ]-Vail' 2. 14 orl_v�w W 2msw PawoFtwi wuNG R FRANKUN ROAD • R4$15 OF BEARING Page 18 B. Preliminary Plat(dated: 10/21/22)—NOT APPROVED PRELITovms I PLAT FOR NEWK -- --- _ s NEWKIRKRK SUBDIVISION sE iia u mcsrr iie�sxENa •oa xo W JWR irp ---r— ----------- .-.,a..� a� ----------- um3--7 % -----7—7 boki ®LqRWI --- -------------�i � i ®w/ _.r. Z N'SMFl�1 Imo'.' i i i kILQ% l / — - ------ -- -off--- i ¢ o I_--_—-----—_ —_--' PPl.1 Page 19 ----------------------------------------------------- f ------ - ---------------------------- - ----- - -- 1-7 ------------ ---------------- ------------ ------------- EM Page 20 C. Common Drive Exhibit—NOT APPROVED BLOCK l I LOT 15 TAKES DIRECT + I I I I I STREET ACCESS. I 3.00' SIDE DRIVEWAY LOCATED ON 10.00' SIDE SETBACK I I EAST SIDE OF LOT. UTILITY EASEMENT II SETBACK TYP�I N I I I I II II I I II II a I 11 12 I 13 14 I I 15 16 z0 17 18 it I ' �Y LORD NE PK n N -- I I--ga— ----I I Ny 2. O O N� 10 " W SEABURG STREET LOT 9 TAKES DIRECT ——STREET ACCESS. f A a DRIVEWAY LOCATED ON a u SOUTH SIDE OF LOT. o_ 9 �. 12' REAR I �Y o f SETBACK TYP 20.00' FRpNT ¢ BLOCK 2 I I SETBACK TYP I s I m I I I rVW,.� ---------� Ir 12 oL e B ITT E IV 15 D 15 30 co BOX e059 NEWKIRK SUBDIVISION eolsE,ioes7o7 COMMON DRIVEWAY EXHIBIT ( ):!:-.-74 cgrahPh:am @�waY— gneenng-com Page 21 g, £adcp Pa-Pe!!minry Plat(dke: 96202 \ 2 M � Z G � 3 [ - � i � • r �- . ^ \ i 4& y. '© � � \ \ / \may ``�\ � ' ® ■ ; w �• y ^ » \` i . $ § � i | A�- ; ,| $ � h| d Page 22 E. Conceptual Site Plan&Landscape Plan for Multi-Family Development 7 Z m oM z - L V w i a -- - OL N m I I If- 10 � I � j I � I � Page 23 NEWKIRK APARTMENTS _-- N•2IMMERMAN LANE MERIDIAN,IDAHO TA— RVEM1,1.QEhERA15ITE NOTES ` TpTA4 ARE&.. .A6I,76i i.F. DEM$ITFPRDPDSEE: ........20L.Z D,DJRCF* •" � n , sESbACRS� i _ 1 TIDES: 10 FEET R.� 1 BEAR; 16 FEET - ---- i r-r fR01FT MOLLECTORI: 20 PEf1 PNGJECT DATA; OF APARTMEOT IUILOFNYS'...........IS i 1:.. - , ■�A14ER OF DIT'ELLIN6 U NITS;. .,..........tli 1`189I0 REQUIRED:._..... ....._ .. ..418 _ 1.5 SPAi;FS r 01 NORM UXRS.TI 3 2 SPACE 9x IIH 2 NORM UMFFS=M • ui ' PAlIKIMC SPACES PROPOSEO:... ...........Ya PARK106 SPACES PROPOSE D PER IINIT:........l.II I I I F . CDYENED SPACES REQUIRED:......,.........III �V.� Ir COVERED SPACES PROPOSED;......•........81 _ I 1 F * CONYACT SPACES PROPWO:....._.......,.,IM &CCE$SIPLA PARK INr IFAC$SRfD111IE¢,•....,.11 �. --i- f T. BICYCL OPA PARRINfi CES 011 PFLDFDSE-2R. ...1. i BICYCLE PRRRIMC IPACf$fRQPQSEO(Y[�, ..1i CDN#40I OPEN SPACE REQUIRED....--.so'm S.F. 192 D.0 .75D$.Fi0.4-a 44).5*S.F. >.. U O.U.1 358 S.F,1l.O,a la-IDO S-F. CONROE OPEN SPACE PIDYIIEO'.......IE,IE2Sp- •} SITE OEVELOPMEMT AFAEINIIES PROPOSED! ti+6 ti I+5 1. CLURMOOSE(90A4JTT OF LIFE) 2. FFTIpESS CENTER IOUXT OF LIFEI J. IRCLOSEo IISE STORAGE{puALLIT OF LPEI f 5 4, DOE PAMN iw IN&JTE STATIOO(OUILr"OF LIPS) k Ld S_ POOL�NECILE YTI6N� WALMIN4 TRAILS IRECREAFIDN) 2• PICNIC AREA(OPEN SPACE) 1 F A- SIRE REPAIR STATION(NUiTI-NODELI DEVELOPER; GIO.LLC LD1 IN 6,01NOCK ST. IOIsE.14637D2 CIVIL EMOIMIEN: CIVIL$ITIE WONKS ,L• ROA IV RICMNoII St. IOISE,Ip 01705 L200)246-1E74 -• ARCMFTECT: THE ARCRITECTB OFFICE,PLLC 492 MAIN 31. Al UYERALL I PEA ROISI,Io R n02 .) 00 (294)3113.2931 u'Uu.I. �;-L;%Ah Page 24 F. Common Open Space Exhibit&Calculations ]I .I:{ L 4 1 Ij I � I t , Page 25 Project: Newkirk Neighburhaad Date: 11.21.2022 MIfdL Lot Sgft Open Spare dirMM3ilOnC UesuipLion Cade Sion 1 L 4XI 41.31'a M' Cul lu ncir Fruntage C. 1 AI 159,430 Multi-Family Open Spa" MF 2 S 4,"S 18.9'x21.06' End Cap a 2 I8 39.734 Large Park A d L $792 Colecior Frontage{Park A.0 S 95,6&S {al lector Fronlage AC rkSJO Parkway Strip E Subtotals lYaez Percent or Tara) T431rl SgFt 308.927 7.09197SM lQualifi+ed Open Space Ar_ 3,09 Total ProjemAcros WAS Mon-Cou2Vvinp Open Spore 0,$0 Pement of ClualifiedOpen Spare 34-69% Arterial and CollocLor FronL:ygc 9$728 2.27 313G% L3urrcr3&Endcaps 4,49S 4-10 IAA% IIilLside 4.A0 4A0% 'Useable' 205,714 4-32 6659% Pace 1 Uwe Srrtim aesorofion A 11-3S-31A-20 Open grasser arc-Lb orallcwslS,ll[k7'in area- 9 il-3iG38-lE Linear open spam area that is at IcaA twenty feat(24')and up to Fifty feciISO'),hasan access aL mch ems and is improved and Iandscrped asmeLforih insuhsection E of this-section. C AI-3�M-3 fulI Areaof Buffer The Full area of the Iandsmpe bufFQ alongcolloclor sLreeu May Count Roward Lhe required mrnmon opcnspaiee- G 11AG-36-3 percmtagc oFBufer:FiFty percent rso%)or the landscape buffer along ortmial streets may munt toward the required common opcnspace- Parkways kknkg Collenorand Local Residential SLreeis:Parkways along local residential 1: 11-3G--q" slreetsthaL meet all oFthe rollowing sLandwds miry count toward the mrnmon porn spuxe requirement: Page 26 G. Site Amenities PM54 used Amenities Single-family Area: A. Largc 1-Acre, Play Park lBlock 2, Lot i8J I f_e Newkirk Neigh burboud Park will cuntain Lhe following ruc,onL:un facil!lics: • Play 5tructum Savings { + 5eating Benches 5hadc Structure . • Climb ing Rocks ` + _ r Climbbi-ng Dome + Large Grass play arcs { + Attractive Landscaping + Playground fencing for safety r x• � ice, 1 . r r • ; ' of 0 •ti w*s+nq i H%P4C4= 'f. L Page 27 B. Pathways- The Newkirk Neighhurhuod will include the fallowing pedestrian pathways: + 5'Wide Separated Pedestrian Pathway on Both skies of N.5an M ar€o Wa y-2,778-F ti {• Pedestrian pathwaws within the Newkirk �- N.eighharhood will total cnmr one ha H nN le in length, -- -_ k C. Pathway Park (6loek4 Lot 1) Thu Nuzwkirk ' r.r (ryp) Nciglibor!•hrauti Park will Lon Lain a3mallpedestrian ? 9 q *;, park hncfuding: + Shade 5tru€lure Additional Pathway • Seating Areas + Attractive Lan ds€aping STRLrG T IKE er ) Proposcd,Amenitics Multi-farnily Area: A- Multi-FamilyAmcnitics the 2 16-LinitMUILI fan•hhlyChalct's will h'ivu LhL'fUIIDwint Arm nhthL'S: + Clu b House(Quality flf Life) + Fitness CenmT(quality of Life) + Enclosed Bit£ 5tarage{Quality of Life} + Dog Park W/Wa5tc Station (Quality of Life) + PooiIRcereation} • Walking Trails (Rc€reation) + Picnic Arca I Open Space) • Bike Repair Station Imulti-Modal) ■ Outdc Dr Scati ng • Attractive Landscaping Page 28 H. Pedestrian Connectivity Exhibit The N ewkirk Neighborhood will include pedestrian pathways as well as internal sidewalks that will form a wear conneded and pedestrian friendly environrrmmt for the homeowners and public- firer a mile of pedestrian pathway will be con slruued within the Newkirk Neighborhood. T his pathway system will provide a Variety of opportu n iti es for the residents of the Newki r k Neighborhou-d to wal k, hike ur aunneuf to the greater Ten Mile I nterchange Area. All internal streets and oolleCdor roadways will have wparaled sidewalks. The neap bOuw illustrates the pedestrian mnnedivity_ I F L I Page 29 I. Existing Tree Inventory&Mitigation Plan Newkirk Neighborhood Tree Inventory and Mitigation Plan The following is an inventory of existing trees on the proposed Newkirk Neighborhood property. The trees are in fair to poor condition as they have not been well maintained and most are in various stages of decay and nearly all have structural issues.For this reason,we are proposing to remove all the existing trees and to mitigate for some of the caliper inches of loss. Some of the trees such as the willow do not require mitigation per city code. A map and photos of the trees is provided below as well as a total of caliper inches that should be mitigated for and a calculation of trees to be provided in the new development per the landscape plan. It is calculated that approximately 105"of existing tree caliper should be mitigated for,the project is providing 318 new trees with an average caliper of 2"that equals 636 caliper inches. The new trees planted will far outweigh any trees being removed from the site. RE HA 3x Fc11fi1N6 7 . U i F !- Ar IL x X � k•• `r'r•_ � Page 30 Map of existing trees Tree 1 . 10"Caliper shade—to be mitigated Tree_ 2 Large Willow with rotted base and many dead limbs. —No mitigation proposed a Tree 3 z Large walnut tree, 30"—40"caliper,multi-trunk,poor condition, structural issues. —To be mitigated at 50%. Page 31 Tree 4 11"Crab Apple—poor to fair condition—to be mitigated .p. 'ham` Tree 5 ` 13" Shade tree—fair condition—to be mitigated y k F Tree 6 6" Shade tree—to be mitigated ;y f •. w� i 7 • r, Page 32 Tree 7 18 Shade tree—fair Condition-to be mitigated t G Tree 8 7"Pine—fair condition—to be mitigated u� f, w Calculations from the Newkirk Landscape Plans LANr;�c,.—.'�C,AFE C I—CJL 'rI0NS LOCATION REWIPZEF PRfDVIFEo �TIREET TREES 5.4 PREES PARK/C,OMMON 14200 5P 1 0400 = IS TF-tI 5 83 TREES OPEN 5PACE TOTAL. WMBEIz OP TREE5! Ib TRrM 131 T12EE!D ALL EXISTING TREE5 TO BE REMOVED-5EE NOTE 5. THIS SHEET_ Page 33 PLANT SCHEDULE TREES BOTANICAL I COMMON NAME CONT CAL SIZE CITY REMARKS 0 Amer x Reenanii'Jeffemred'f Autum 91=0 Freeman Maple B&B Z" 10 59 H 35W CLASS II Betda papyiiWa'ClurW 1 Clump Paper Bob B&B 2.5' 13 5WH x 40'W.CLASS 11.dump 0 Gleditria triar nthos inermis'SkpcoW TM+Skyline Haney Lo st B&B Z" 44 45'14%35'W.CLASS II Makts x'SpdW Snow;Spring Snow Crabapple B&B 2' 4 2WH x 2TW.CLASS I Prunus uirginiana'Canada Red';Canada Red Chokecherry B&B 2' 4 40'H x4g'W. CLASS II Prunus x cerasifera'CF0i2.am';CriMOn Pointe Flowering Plum B&B T 24 H 20'-;23'W 5'-0' 0 CLASS II PyFtts raleryana'Chatroaleer';CharrtideeF Pear B&B 2" 30 3W-35'H x 22'W.Class II EVERGREEN TREE BOTANICAL:COMMON NAME CCNT ICAL SIZE I CITY REMARKS Pic-Ea gtaura'Sander s Blue'7 Sanders 9kte White Spruce B&B 5-TH 11 5'-4FN x 2'-3'W Piaea glaura'Penduld;Weeping White Spntce B&B 25'H 20 H 12'40'W 5'-& Picea otndrika'Bruns':Bruns Spntce B&B 5'-T H 4 3g'11-1 x TW } Pinusfleailis'VanderwdFs Pyramid'f VanderwAfs Pyramid Pine B&B ii'-T H 0 20'-25'tat&M'-1T Vdde Page 34 J. Conceptual Building Elevations—NOT APPROVED IN Itu vx10'CORBEL TRII WOOD S&B SIDING Wi 'KU KOOFINO M YR. 5 I t•X3'BATTS AT 16'O.C. SE'HAL I SHINGLES A0_0 LV'S FASCIA W11XX8' SEAM AOAETAL ROO DING 1 LP SMAkT51bE a-FASCIA 2 SHADOW SO. For illustrative (i.e. color& finishes) purposes only—not proposed for construction t;`M 000 TRU ID WOOD 8' SOFFIT BOAR OTTAGE LAP SIOIN , DDING 4, 2 F"%E5"COFFEE&KNEE h3RACE Lh'SMAKISIUt 1'%G"C-�]KM1 tHI ❑2 UC10K!W INUUW I KIR1 W.�1"%L' 'ON EUGE'HEAUEK hilts LP SMAK ISIUE 1"X8"I HIM No. COLOR NAME COLOR No. 1 DARK BROWN METAL WA 1 2 3 4 b 5 2 SEDATE GREY SW6169 INC 1ARCOACA4 WARM L BLACK NE S S WA 5 ■ �� ■ 960122 6 WHITE VINYL WINO.FRAME WA orrenie�l rr - �L VICINITY MAP 1 - FRONT ELEVATION •'-�"--�'•' -- m'- -_ /;fie -amc uxmm :au w� O _ FIF] 11 -4p _ 1����//6 /1 LEFT ELEVATION - `�` _ CORBEL DETAIL __ _ 1 �LUICI❑ ❑❑ LL REAR ELEVATION I o W c Q�I lea 4 RIGHT ELEVATION 1.0 Page 35 lY11nc c DESIGN CRDLWA vx nlcwrrlrlox � rsa�t Q j "'•W� I „y, /1 VICIN[IY MAP FRONT ELEVATION LL.TT S �� �■ CORBEL SETAIL 2 LEFT ELEVATION ■r• �I ��TAIL pp- `7wmrmk...JIB+" W - W uu F. { ❑ ❑ �� i REAR ELEVATION 4 RIGHT ELEVATION �. � 4.0 LH SMARTS DE VX12'FASCIA KOHOOFINGSTANDIN KD ROOFING 30 YR. 30'TALL I HIANGULPR GAB LV SMAH I SIDt 1'XU`OOHNtK1 WI 1'X8'SHADOW HD. �EANI METAL ROOF PHALT SHINGLE ENTWf4'BUILD ODT-BMC DOOItl WINDOW IRIMWII'k2- OH EDGE'HEADER TRI TRU WOOD B&Bs WI 115 AT 16'O.C.. LP SMARI'SIDE&'FASCIA 3 PAINTED 5'1(10'GORSE ' O WOOD SHAKE SHINGLE SIDING I HUWOOf]L- '� COI IACE LAI' SI ING 8 LP SMART510 5'X5-WO.COL. TRII WOOD SOFF1 6-X6'CORBE 1'X8'TRIM BAN BOARD SIDIN KNEE BRAG 1 2 3 COLOR NAME COLOR 1 No 1 CLASSIC FRENCH GREY SW0077 4 2 FENLAND SW7594 3 SEDATE GREY SW6169 4 MODERNE WHITE SW6168 5 STAIN-CHESTNUT SW3524 5 6 7 8 6 DARK BROWN METAL NIA NONE 7 CHARCOAL BLACK WA S BLACK VINYL WINO.FRAME 04.01.22 , • Page 36 ------- - - - - - - �- n FRONT ELEVATION Ll va=r 2 LEFT ELEVATION O N w/W lL a REAR ELEVATION DESIGN CRRERIA mw y Zn_ w.. G m. /dtl 4 RIGHT ELEVATION n VICINITY MAP 1.0 o Txvnrla.wal "MK-A BLOCK: X �" It &IRON&ON LLL rs C1, FRONT ELEVATION . 2 LEFT ELEVATION O L w/w fe till em m 3 REAR ELEVATION DESIGN CRITERIA - d b �aTx� 4 RIGHT ELEVATION /5 VICINITYMAP 1A Page 37 O _____ __________________________________________________________________ -__--_ __________________________________ ____'________-___--_-____ _____=--____ o _:___________ _-----------____________����� ��i�-_=______-__-_---_-__________:- -.______________________==_iu Ili Il ilnnll MI J a u®lu��unli'll 11'MIKEul®u a '------- 111I�o IIII�I��I�_11 1161��1 NO. HIT 61�111' j`II"I'��III nlll�llllll - 11 1�= =11111=11=1®- =1®- Mii-- ----------------- vv.. [•--IIIIIIIIIIIIIIIIII II �� IIIIIII�IIIIIIIIIII�IIIIIII_] � m� Lulll6�u�lllll�u�ll�®�� ��n��l!�����11'`�n� �� � ��11111111 --11-n_- =®J1=11=11=fw9- _n1-11-11-n - =11=11-1=i1-1=1i== 11-n HEM _n1-11-1l 7011M 1011—nlla_:11== �I - ------------------------ _____________________________-_-____________________ i u[-________= _'____=__________-_ ______________=___s______u� 11 Illfill��lll�lll�� i�� i' ----1 Ilfilll IIIVIIi� I 1 I ` 1 I _lnnll Il�m�' _I nullli �.�IIIIIII IIIIIIIII II�III II�IIIIIL'IIII� ■— =-■-h��I—■--� —_■__Esc .`•�--,� ''-- 11 n 11 �=11 IEF�111=11-Ii=:1� n' 11 ==`o !il- • t � _ _I -------.a-®11"16"�IIIII•�IP®�������=11-I _1111=11=i1_I®- --n_11__ 11-11=11 11 = I-- �_•__,__�; u IE11 �a Page 39 �l r = - I ryi n e c Page 40 E—�OIE�O NEWKIRK APARTMENTS 3REAR E%TERIIXi ElEYATION —140 i F , # RrHTE%TERIORELEVA]ION AC5.1 EEC=ERE®® TAn -- _ NEWKIRK — — APARTMENTS FRONT TXTERIOR FI EVATION GENERAL NGIEN EXTERIOR RNTSH SCHEDULE _—�~ V 0110 ❑❑ �® IZI ❑❑❑ AC5.0 �LEFT EXTERIOR ELEVATION 3 ....—.. ezrt_s e��'uuro' Page 41 Ft!' v I I unu I I in r- -j c o GATHEMMG i Irl n 0 I c 0 — co 0 cl I -- --- ILI CP4 lip I ; f I ' I I I I L J I 1 E[JEO I--- x YNUL d�10E I OFFW MM I I A I � � cuEsr s-� s Fl Page 42 K. Parking Exhibit SINGLE-FAMILY The Newkirk Neighborhood will meet or exceed all of the requirements of the City of Meridian's Code for off-street parking.All homes within the neighborhood will have a minimum of a two (2) car garage and a driveway that will accommodate an additional two(2) parking spaces, for a total of four(4)off- street parking spaces.As illustrated below,an additional 38 (over 0.5 additional per home) on-street parking spaceswill be available for use bythe residence. I a I j • � I Y a � 11 y � + -� I I 1 � - 7 •� Yy 1 MULTI-FAMILY The Newkirk Apartments meet and exceed all parking requirements of the City of Meridian Code. The code requires 418 parking stalls,we are providing 450 parking stalls. Page 43 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION I. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat,phasing plan, landscape plan, qualified open space, qualified site amenities, and conceptual building elevations included in Section VIII and the provisions contained herein. b. The collector street(N. San Marco Way) shall be constructed in its entirety with the first phase of development and shall be designed consistent with Street Section C(major collector street)in the Ten Mile Interchange Specific Area Plan(see pgs. 3-20, 3-22 and 3-23). c. The small triangle portion of the property located at the northeast corner of the development, north of the Kennedy Lateral, shall be deeded to Nampa-Meridian Irrigation District. d. Public art of a high quality of design shall be provided within the development and incorporated into the design of the streetscape or publicly accessible open space as set forth in the TMISAP (see pg. 3-47). e. A bicycle rack should be provided for each of the multi-family buildings and the clubhouse in accord with the standards listed in UDC 11-3C-5C. A minimum of 18 spaces are required. f. A minimum of 442 off-street parking spaces shall be provided for the multi-family development with a minimum of 221 of those spaces in a covered carport or garage as proposed, in accord with UDC Table 11-3C-6. g. A maximum of 216 multi-family units shall be constructed within this development. h. A Certificate of Zoning Compliance application shall be submitted for the multi-family portion of the development; compliance with the specific use standards listed in UDC 11-4-3-27 is required. i. A Design Review application shall be submitted for all single-family attached,townhouse and multi-family structures within the development. Compliance with the design standards listed in the Architectural Standards Manual and the guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP) is required. The residential development shall be developed in consideration of traditional neighborhood design principals and concepts as set forth in the TMISAP for the MHDR Future Land Use Map designation(see the Application of the Design Elements table on pg. 3-49). j. Pedestrian-scale lighting should be provided on all building facades facing the street and internal walkways in accord with the TMISAP(pg. 3-34). k. The space between the building fagade and adjacent walkway should be appropriately landscaped with a combination of lawns, groundcover, shrubs and trees in accord with the TMISAP (pg. 3-37). Page 44 2. The final plat shall include the following revisions: a. Dedicate right-of-way and depict Zimmerman Ln. as a local public street from W. Franklin Rd. to San Marco Way and a dedicated right-turn lane on San Marco at Zimmerman as required by ACHD. b. Extend the three(3) stub streets(i.e. E. Chair Lift St.,W. Atomic St. and W. Ski Hill St.) from Ascent Subdivision into the site as required by ACHD. c. Align San Marco Way with the approved location of the stub street at the west boundary of the site from Aviator Subdivision. d. Extend right-of-way to the south from San Marco Way in alignment with Feather Reed Ave. in the future second phase of Alamar Subdivision. The stub street will need to be located on the east side of the common lot(Lot 3, Block 1) at the northwest corner of Alamar subdivision as approved with the first phase final plat. e. Depict a maximum of three(3)units on one(1) side of the common driveway on Lot 10,Block 1 in accord with UDC 11-6C-3D.1; or, obtain approval of alternative compliance for the proposed design as set forth in UDC 11-5B-5. f. Depict a 20-foot wide street buffer in a common lot or on a permanent dedicated buffer easement with an 8-foot wide parkway and a 6-foot wide detached sidewalk along N. San Marco Way,a collector street,per UDC Table 11-2D-6 and Street Section C in the TMISAP. 1b fy it ffl@ I UaVOnc TfaveJiLafle i e Lane , Lane curbm-M&d�ianoe 3. The landscape plan submitted with the final plat shall include the following revisions: a. Revise the landscape plan consistent with the changes to the final plat listed above. b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOC.5 and the exhibit in Section VIII.H. c. Depict landscaping within the 20-foot wide street buffer along San Marco Way in accord with the updated standards listed in UDC 11-3B-7C. An 8-foot wide parkway is required along the collector street planted with Class 11 trees and a 5-foot wide detached sidewalk per UDC Table 11-2D-6. Include the linear feet of buffer with the number of required vs.provided trees in the Landscape Calculations table that demonstrates compliance with UDC standards. d. Depict an 8-foot wide parkway with Class 11 trees along all local streets per UDC Table 11-2D- 6, landscaped per the standards listed in UDC I I-3B-7C. Include the linear feet of parkways with the number of required vs.provided trees in the Landscape Calculations table that demonstrates compliance with UDC standards. e. Depict shrubs in common open space areas in accord with UDC 11-3G-5B.3. Page 45 f. Update the Landscape Calculations table for common open space areas to reflect the updated requirement of one tree per 5,000 square feet common open space per UDC 11-3G-5B.3; a minimum of 28 trees are required. g. Change the fencing type along the Kennedy Lateral to 6-foot tall wrought iron in accord with UDC 11-3A-6C.3. h. Include a picnic table in the common area at the southwest corner of the site on Lot 1,Block 4. i. Fencing shall not be provided along the perimeter of Lot 1,Block 4 where it adjoins future common area in Alamar Subdivision. j. A minimum of one(1)bench should be provided along the northeast side of the collector street in accord with traditional neighborhood development guidelines in the TMISAP. 4. The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R zoning district. 5. The common driveway shall be designed and constructed per the standards listed in UDC 11-6C-3D. Revise the common driveway exhibit in Section VIII.0 to reflect a maximum of three(3) dwelling units on one(1)side of the driveway as set forth in UDC 11-6C-3D.1; or,alternative compliance may be requested as set forth in UDC 11-5B-5. 6. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. This may be accomplished through depiction of the easement on the face of the final plat and an accompanying note. If a separate easement is recorded, a copy shall be submitted to the Planning Division with the final plat for City Engineer signature. 7. The alley shall be designed and constructed per the standards listed in UDC 11-6C-3B.5. A detail of the alley shall be submitted with the final plat that demonstrates complies with these standards. 8. Per UDC 11-2D-6F, all dwelling units shall have a minimum of two (2)lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two (2)lights along the alley. All lighting shall prevent uplighting and shall be on a photocell that activates the lighting at dusk and turns it off at dawn. 9. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district shall be removed. 10. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period in accord with subsections(A)and(B) of UDC 11-6B-7,the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of this title. Page 46 B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sewer and water running in parallel require 30ft easement. 1.2 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.) are built within the utility easement. 1.3 Ensure no sewer services pass through infiltration trenches. 1.4 Provide 20'easement and install main to make connection of water line between east and west property. If main in western property is not installed at time of construction install a blow-off per City requirements. 1.5 Do not have a connection to the west. It is a different pressure zone. 1.6 Development to the south shows road in a different location. Coordinate with southern property on location and make sure water main is in road wherever that ends up being. 1.7 Water line requires 20'easement with water line centered in it.No car ports allowed in easement. 1.8 20'Easement up to water meter and 10'beyond is required but cannot go under car ports. Keep that in mind for all areas where it is applicable. 1.9 Water and sewer line require 30'easement minimum. Water and sewer to be 10'from edge with at least 10' separation.No car ports allowed in easement. 1.10 Each phase will need to be modeled independently to verify adequate pressure. 1.11 Connect to existing water stub to the east. Required to provide better looping on the eastern property. 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 I F 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 9-1-28.C). The applicant should be required to use any existing surface or Page 47 well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed Page 48 in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=286169&dbid=0&repo=MeridianCitX D. POLICE DEPARTMENT https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=286172&dbid=0&repo=MeridianCitX E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=287222&dbid=0&repo=MeridianCity G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciV.org/WebLink/DocView.aspx?id=287028&dbid=0&repo=MeridianCitX H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridianciU.org/WebLinkIDocView.aspx?id=287286&dbid=0&repo=MeridianCitX I. ADA COUNTY HIGHWAY DISTRICT(ACHD)—DRAFT REPORT https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=2 89 3 13&db id=0&rep o=Meridia n City Page 49 J. SCHOOL IMPACT TABLE(COMMUNITY DEVELOPMENT) https://weblink.meridiancitE.org/WebLinkIDocView.aspx?id=286766&dbid=0&repo=MeridianCitX K. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ) https://weblink.meridianciN.org/WebLink/DocView.aspx?id=287890&dbid=0&r0o=MeridianCiV L. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=287353&dbid=0&repo=Meridian City X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: l. The map amendment complies with the applicable provisions of the comprehensive plan; Stafffinds the Applicant's request to annex the subject property with TN-R zoning and develop a mix of single family attached and townhouse dwellings and multi family apartments on the site at a gross density of 13.2 units per acre is consistent with the land uses and density desired in MHDR designated areas in the TMISAP. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Stafffinds the proposed map amendment to TN-R and development generally complies with the purpose statement of the Traditional Neighborhood Residential District in that it will provide for a variety of residential land uses, including attached single-family residential, townhomes and multi- family apartments; open space that promotes pedestrian activity;safe and efficient movement of vehicular traffic; with some of the units accessed from an alley. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Stafffinds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Stafffinds City services are available to be provided to this development. WASD has provided comments on the application that are included above in Section IX.H. 5. The annexation(as applicable)is in the best interest of city. Stafffinds the proposed annexation is in the best interest of the city if the Applicant makes the recommended revisions to the plans consistent with the TND guidelines in the TMISAP for the MHDR designation. Page 50 B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Stafffinds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan. However, changes are likely needed to the configuration of lots in order to provide non- garage dominated single-family attached homes with living area fronting the street as desired for traditional neighborhood design in the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Stafffinds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Stafffinds the plat is in conformance with scheduled public improvements for this area in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Stafffinds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Stafffinds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 51 E IDIAN;--- Applicant Presentation N NN G20 LLC EWKIRK NEIGHBORHOODNEWKIRK NEIGHBORHOOD ABOUT THE PROPERTY NN NEWKIRK City Services AvailablePriority Growth AreaSpecific Area PlanTen Mile Interchange e Infill PropertyTru SITE CONSTRAINTS NN Grading/Slope Challenges•through Apartments East and West Entries •Railroad and Kennedy •(at odd angle)Determined -Collector PreMile -Location of Mid•Triangular Site•Infill• COMPREHENSIVE PLAN / ZONING NN NEWKIRK12 Units per AcreTarget Density:(TMISAP) 15 Units per Acre-8 Residential High Density -Med TMISAP POLICIES NN Mile Collector-Provides the Mid•rovide usable rear areas and yardsMany p•townhomesIncludes apartments and a variety of •Provide a Mix of Residential Housing Types•Meet the Density Target of 12 units/acre•We Meet the Goals :•No Project Can Meet Every Goal•A Comprehensive Planning Document• SURROUNDING DEVELOPMENT DENSITY NN SITE PLAN NN R Zone -TN35% Open Space-+/Overall = 12.98 Units per Acre216 Apartment unitsFamily Attached Homes-44 SingleFamily Townhomes (Alley Loaded)-18 Single21 Acres-+/ PROJECT AMENITIES NN Attractive landscapingShade structurePlay structuresLarge grass play area Seating benchesClimbing DomeSwingsPlaygroundLarge 1 Ac. Park Family Residential Area-Single QUALIFIED OPEN SPACE NN 35% Open Space HOUSING EXAMPLES NN family Attached-Single HOUSING EXAMPLES NN family Attached-Single HOUSING EXAMPLES NN TownhomesAlley Loaded HOUSING DISTRIBUTION (SINGLE NN family attached (front)-44 single•family townhomes (alley load)-18 single•FAMILY AREA)- HOUSING EXAMPLES NN Chaletsfamily-Multi CONDITIONS OF APPROVAL NN In agreement with conditions identified in the Staff Report• THANK YOU NN TRANSPORTATION NETWORK NN CARPORT DESIGN NN HENLEY STATION NN HENLEY STATION NN SAMPLE LANDSCAPING OF HOMESITES NN MULTI NN 221 Covered Spaces (216 Required)442 Parking Spaces (418 Required)216 Apartment unitsfamily Buildings-10.44 Ac. -+/family Chalets-Multi FAMILY COMPONENT- PEDESTRIAN NN ConnectionsPathway Sidewalk and CONNECTIVITY ON NN requirements family areas exceed code -family residential side-on the singleOver one additional stall per home Parking Stallsstreet -STREET PARKING- PROJECT AMENITIES NN Attractive landscapingPicnic AreaBike Repair StationClean Up StationDog ParkChanging RoomsPoolWork CenterClub HouseFamily Chalet Area-Multi HOUSING EXAMPLES NN Chaletsfamily-Multi KEY COMPREHENSIVE PLAN POLICIES NN buffering, screening, transitional densities, and other best site design practices.” (3.07.01A). “Require all new development to create a site design compatible with surrounding uses through •in design and construction.” (2.02.02F). Ensure that new development within existing residential neighborhoods is cohesive and complementary •housing types throughout the City. (2.01.01G). in any geographical area; provide for diverse Avoid the concentration of any one housing type or lot size •Meridian's present and future residents.” (2.01.02D). that meet the needs, preferences, and financial capabilities of variety of housing types “Encourage a • UTILITY AND PUBLIC SERVICES NN SchoolsDistrict has Current CapacityWest Ada School DistrictTransportationTIS Approved by ACHD5 min Response TimeEmergency ServicesAvailablePower and Gas Capacity AvailableSewer and Water Capacity Public Utilities WASD STUDENT POPULATION TRENDS NN Fewer School Age Children= Aging Population Demographic + Older Buyers Homeowner Demographics: District Wide School Capacity Vs. Actual Students 324-11,87411,55012)- High (96398,6119,2508)-Middle (65,56216,36321,9255)-Elementary (KSeats Available23-22Capacity NEWKIRK NEIGHBORHOOD CHARACTERISTICS NN the same schoolEmpty NestersYoung ProfessionalsHome Buyer Profile finishes / yardsHigh quality, but low maintenance Smaller, more manageable lotsNeighborhood Characteristics 92 Homes–Edington 212 Homes–Stapleton 102 Homes (Boise)–Moxie Ridge 220 Homes–Verado 189 Homes–Movado 77 Homes–Solterra Similar Developments 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. PUBLIC HEARING SIGN IN SHEET DATE: March 2, 2023 ITEM # ON AGENDA: 7 PROJECT NAME: Rackham East Annexation and Rezone (H-2022-0085) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING February 2,2022—Continued to March legend DATE: 2,2023 Project Location °o� TO: Planning&Zoning Commission tl FROM: Stacy Hersh,Associate Plannerg,3mamaa 208-884-5533 SUBJECT: H-2022-0085 --a Rackham East Annexation and Rezone LOCATION: The Annexation site is located at 1032 S. ' Silverstone Way, south of 1-84,north of o o E. Overland Rd. and east of S. Eagle Rd., in Section 16,Township 3N,Range 1 E. _ The Rezone site is located at 1074 S. Silverstone Way, South of 1-84,North of E. Overland Rd. and S. Eagle Rd.,in Section 16,Township 3N,Range lE. 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 Ii 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 8 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 Description Details Pg C. Project Area Maps Future Land Use Map Aerial Map 0 t Location Legend . �. Ja Project Location � a ResCrJd� dAl a n - • Civic Zoning i Planned Development i Legend I —FL M11-1 Legend Project Location Project Location NKL-IN IN City Limits .. >.; • L-0- L-0 Planned Parcels RUT • ■■ RUT84 PT G"7 R�95 ■��—���� OVERLAND�1 ������ �i�OV�RL=A`N`D���i1 �i LR- - :::::::: A. Applicant: Brighton Development, Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 B. BVA Eagle94 Snake River Parkway, Ste. 300, 83402 a•_ 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 2/14/2023 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$, recordsof Ada[ounty,Idaho) Thence fo I lowing said centerline and said boundary,S12'52'54 W a distanceof 17.45feet; Thence Leaving said centerline and said boundary,NWIS'23"Ill+a distance of 478.72 feet to the Northeast corner of Lot 16,81ock 1 of Rolling hill Subdivision(Book 1$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 COMMENCEMrNT FOUND ALUMINUM CAP CENTER 1/4 C13RHER SECTION 18 WV05'15'E 2P7•22' ME) Interstate 84 599'34'32'^F POINT OF E3VA Eagle View Office No.5,LLC 672.76' (TIE) nmINNING Portion ofApN R7555000165 R SBV54'32"E 4-82,59' J c�O7n I NEW 15'231V 47B.72' z'i i Unplatted Lo N Annexation Area.7,551±5F „e) M o Unplarted Centerlineo(the cn n Rldenbaugh Canal y Rolling Hill i Subdlvlslon LINE TABLE UWE BEARirv6 bi$TANCE o 0 S12'52'54"W 17AS } L.2 N0900'07"rr 14,37 I E. Overland Rd. FOUND BRASS CAP SOLFrH 1/4 CORNER SECTION 16 a 113( 200 300 � PIar1 Scale:1"=1iJ4' Legend FOUND ALUMINUM CAP tauND BRASS CAP FOUND 5/8—INCH REBAR 0 CALCULATED POINT ANNEXATION BOUNDARY LINE ADJACENT LOT LINE SECCIGN LINE a E N G I N E E R I N G R/Yf RIµ RIGHT—dF—WAY LINE 5775 r4ouKEN5COYERY WAY EOISE,EMHO SM3 IMdNE 12uel M9m" Exhibit B-Annexation Eagle View Landing GATE: b--.Lcr Salt PPl]JE11: #R279 M SHEET' A Portion of the NW 1/4 of the SE 1/4 of Section 16 1 OF 1 T311N., R1E., B.M.,Ada County, Idaho Page 7 B. Rezone Legal Description& Exhibit Map km E N a I H E E R I H G Novem ber 8.202Z Project No.2b219 Exhibit A Legal Description for Rezone to R40 Rackham Subdivision A parcel of land being lots 18 and 19,Block 1 of Rackham Subdlwisian(Book 120 of Plats at Page 18,582- 18,588,recards of Ada County,Idaho)situated in a portion of the Northeast 1/4 of the Southwest 1/4 of Section 16,Township 3 North,Range 1 East.B.M.,Ada County,Idaho being more particularly described as fallowa: Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which bears NOa'05'15"'W a di stance of2,653.59 feet from a brass cap marking the South 1/4 corner of said Section 15,tfrenee following the easterly line of said Northeast 1/4 of the Southwest 1/4,S00'9515"E a distance of 650.45 feet to a 5/8-inch rebaron the easterly subdivision boundary of Rackham 5ubdiuisionand heing the POINT OF BEGINNING. Thence following said easterly line,500'U575"E a distance of 676.15 Beet to an aluminum cap marking the Center-South 1/16 corner of said Section 16 and heine on the southerly line of Said Northeast 1/4 of the Southwest 1/4 of Bald Section 16� Thence leaving said easterly line and following said southerly]iner N89°1X11"W a distance of 27$_91 feet to a 5/8-inch re bar on the westerly fine of Lot 18 of Rackham Subdlvfslon; Thence leaving said southerly line and following said westerly line,N00'45'10"E a distance of 574.11 feet to a 5/8-fnCh rebar on the northerly line of Lots 18 and 19,Block 1 of Rackham Subdivision; Thence leaving said westerly line and following said northerly Ilne,NWS759"E a distance of 287.72 feet to the POINT OF BEGirYNING. Said parcel of land contains a total of 3.938 acres,more or less.Said parcel of land is now a portion of Parcel"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. LL ii � i459 o 5725 North Discavery Way.Rol se,Idaho 91713+ma.639_6939=kmenglIP_cam Page 8 i POINT OF COMMENCENENT ,--FIIUND ALUMINUM CAP CENTER 1f4 CORNER bEC110N 16 to d v� E¢ I R o Parcel"B" b I RDS No.13491 POINT OF BEGCNHING In � 10 a Ik o n Proposed I .4 Zoning;R-40 Ln O Parcel o Parcel"C' v R7319431995 b ROSNo-134g1 O d} .r o CENTER-SOUTH 1/16 CORNER SECTION 18 FOUND ALUMINUM CAP 278.91' N89'14'1 1"W � Ralling HIII J. 21 4 hdivl5 ipn Suhdiulslan FOUND ERASS CAP SOUTH 1f4 CORNER SECTION 16 m 0 zoo 40D 60D P Plan Scale: "=200' E N G I N e R I H G 5725HQmb p5[WPWWAV b0EE,1DAH6 99713 PHONE(000f M-6 9 Exhibit 6-Aezone to R-40 `WIF,— Rackham Subdivision DUL N—W.,2422 PF[yB[r, ]D719 SKEET: Lots 18 and 19,Block 1 of Rackham Subdivision situated in the 1 OF 2 NE 1f4 ofthe 5W 1/4 of Sec. 16,T3N.,R1E.,B.M.,Ada County,Idaho Page 9 1 � � t 1 p� - �_ � tier ,. 5i•. o _y k --------------- Page 10 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.meridiancily.org/WebLink/DocView.aspx?id=285788&dbid=0&r0o=MeridianC i &cr--1 F. ADA COUNTY DEVELOPMENT https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=285790&dbid=0&r0o=MeridianC iv G. ADA COUNTY HIGHWAY DISTRICT(ACHD) No comments at this time. VIL 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; Staff finds 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 Staff finds 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. Staff finds 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 Paris In-Home Daycare (H-2022-0093) by Paris Brower, located at 2239 W. Fairwood Dr. Application Materials: https:Hbit.ly/H-2022-0093 A. Request: Conditional Use Permit for a group daycare of up to 12 children on 0.36 acres of land in the R-4 zoning district. PUBLIC HEARING SIGN IN SHEET DATE: March 2, 2023 ITEM # ON AGENDA: 8 PROJECT NAME: Paris In-Home Daycare (H-2022-0093) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 jqe4 Vf 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN�. COMMUNITY DEVELOPMENT DEPARTMENT J A H HEARING 03/02/2023 Legend DATE: Project Location TO: Planning&Zoning Commission FROM: Stacy Hersh,Associate Planner 208-884-5533 1I - creek= DR IW-G H AITE AV= ATEAU AVE CHATEAU wcN T SUBJECT: H-2022-0093 L 3 �� 0 TANA � ��' D"AR DR- Paris In-Home Daycare CUP LOCATION: 2239 W.Fairwood Drive Z p I. PROJECT DESCRIPTION Conditional use permit to operate a group daycare for up to 12 children on 0.36 acres of land in the R- 4 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.36 acres Future Land Use Designation Medium Low-Density Residential Existing Land Use(s) SFR home Proposed Land Use(s) Group daycare(7 to 12 children) Neighborhood meeting date;#of September 29,2022 attendees: History(previous approvals) None Pagel Mo EM Lo ■III■� ■� �■III ■ Y;: •max �■■■■ .-.•..:•,: ■■ .. • ■E■■ Eli ■■■j.■ ■�■fir ■I ••: ■fir ■�■■ 0'14 .:MM ■1111111 1■i�' - I�► ,. 111111 ■����' i��ii ii ��ff��i ■1111111 ■�'� ■ ■1111111 - ■■i■i�rii► ♦�1��jjiwril � ■■■■ �1 �♦i %'�ii�i�� NONE ' . • ... :: • IV. NOTICING Planning& Zoning Posting Date Newspaper notification published 2/15/2023 Radius notification mailed to property owners within 300 feet 2/10/2023 Public hearing notice sign posted 2/13/2023 on site Nextdoor posting 2/10/2023 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciu.or /g compplan) MDR(Medium Density Residential)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. B. Comprehensive Plan Policies(https:llwww.meridianciU.or /g comQplan): • "Plan for and encourage services like health care, daycare,grocery stores and recreational areas to be built within walking distance of residential dwellings."(2.01.01 C) The existing and proposed daycare expansion is within walking distance of adjacent residential homes. C. Existing Structures/Site Improvements: There is an existing home and associated improvements on this property. D. Proposed Use Analysis: A group daycare(7-12 children) is listed in UDC Table 11-2A-2 as a conditional use in the R-4 zoning district. E. Specific Use Standards(UDC 11-4-3): The specific use standards listed in UDC 11-4-3-9,Daycare Facility, applicable to the proposed use are as follows: A. General standards for all child daycare and adult care uses,including the classifications of daycare center; daycare,family; and daycare,group: 1. In determining the type of daycare facility,the total number of children at the facility at one time, including the operator's children, is the determining factor. The Applicant's narrative states the plan is to have up to 12 children. 2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The subject house includes a parking pad which is approximately 30 feet wide which provides parking spaces for pickup or drop off. Parking spaces are also available along the curb in front of the house if needed. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. Page 3 The Applicant proposes an in-home group daycare for up to 12 children. The applicant proposes to operate between 6:00 AM to 6:30PM. 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39,chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. This has been listed as a condition of approval. 5. In residential districts or uses adjoining an adjacent residence,the hours of operation shall be between six o'clock(6:00)A.M. and eleven o'clock(11:00)P.M. This standard may be modified through approval of a conditional use permit. As mentioned above, the Applicant proposes to operate the group daycare between 6:00 AM and 6:30 PM on weekdays and this is not proposed to change. 6. All outdoor play areas shall be completely enclosed by minimum six foot(6)non- scalable fences to secure against exit/entry by small children and to screen abutting properties. The outdoor play area will be in the backyard, which is surrounded by a 6 ft. tall fence with locking mechanisms located on the outside of the gates to ensure child safety. 7. Outdoor play equipment over six feet(6)high shall not be located in a front yard or within any required yard. All outdoor play activities will occur in a fenced backyard. 8. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. As mentioned, the daycare will operate from 6:00 AM to 6:30 PM. F. Parking(UDC 11-3C): Parking exists on the site in accord with the standards listed in UDC Table 11-3C-6 for a 3- bedroom single-family dwelling.A total of two(2)garage spaces and a 30 ft.x 20 ft.parking pad exist exceeds UDC standards. On-street parking is also available(see exhibit in Section VILA). VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions in Section VIII per the Findings in Section IX. Page 4 VII. EXHIBITS A. Site Plan a 0 I �f o ti } �F1111�i�l 1• _ _ Page 5 B. Existing Residence Pictures f 7m'_ sF Awl Page 6 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning 1. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-9 Daycare Facilities,including but not limited to the following: a. All outdoor play areas shall be completely enclosed by minimum six foot(6')non- scalable fences to secure against exit/entry by small children and to screen abutting properties. b. Outdoor play equipment over six feet(6')high shall not be located in a front yard or within any required yard. c. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. 2. The maximum number of allowable clients at the facility at one time shall be limited to twelve(12). 3. The daycare/pre-school shall not operate beyond the hours of 6:00 AM to 6:30 PM on weekdays as proposed. 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11,Idaho Code prior to issuance of Certificate of Occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. B. Ada County Highway District(ACHD) https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=288762&dbid=0&repo=MeridianC ky IX. FINDINGS A. Conditional Use Permit 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 and meet all the dimensional and development regulations in the R-4 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 in-home group daycare will be harmonious with the Comprehensive Plan in that it will provide a much-needed service for area residents within walking distance of homes within the neighborhood. 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. This is a small in-home day-care in which the single-family home is the primary residence of the applicant. Staff finds the operation of the proposed in-home daycare should be compatible with Page 7 the residential uses in the neighborhood and the existing and intended character of the neighborhood and not adversely affect such. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. If the proposed in-home daycare complies with the condition of approval in Section VII as required, Staff finds the proposed use should not adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures,refuse disposal, water, and sewer. Because the site is within the City s Area of City Impact boundary and has been annexed into the City and these services are already being provided to the existing home, Stafffinds the public facilities mentioned will be provided to the proposed use as well. 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 should not create any 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. Although traffic may increase slightly in this area due to the proposed use and clients dropping off and picking up children, Staff finds it should not be detrimental to 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 in this area; however,finds the proposed use should not result in damage of any such features. Page 8