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2023-03-16
PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, March 16, 2023 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT ABSENT Commissioner Seal Commissioner Stoddard Commissioner Rivera Commissioner Grace Commissioner Lorcher Commissioner Wheeler Commissioner Smith ADOPTION OF AGENDA Adopted Motion to approve made by Commissioner Smith, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Lorcher, Commissioner Rivera, Commissioner Smith, Commissioner Seal CONSENT AGENDA \[Action Item\] Approved 1. Approve Minutes of the March 2, 2023, Planning and Zoning Commission Meeting 2. Findings of Fact and Conclusions of Law for Paris In-Home Daycare (H-2022-0093) by Paris Brower, located at 2239 W Fairwood Dr. Motion to approve made by Commissioner Smith, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Lorcher, 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 Denied Motion to deny made by Commissioner Smith, Seconded by Commissioner Rivera. Voting Nay: Commissioner Lorcher, Commissioner Rivera, Commissioner Smith, Commissioner Seal 4. Public Hearing for Noodles and Company at Ten Mile (H-2022-0087) by Chipman Design Architecture, Inc., located at 3103 W. Milano Dr., near the northeast corner of N. Ten Mile Rd and W. McMillan Rd. Approved a continuance to April 20, 2023 A. Request: Conditional Use Permit for a new approximate 2,200 square foot quick serve restaurant with a drive-through, located within 300 feet of an existing drive-through facility, residential district and existing residence. Motion to continue to April 20, 2023 made by Commissioner Smith, Seconded by Commissioner Rivera. Voting Yea: Commissioner Lorcher, Commissioner Rivera, Commissioner Smith, Commissioner Seal 5. Public Hearing for Chipotle (H-2022-0094) by ALC Architecture, located at 1737 S. Meridian Rd. Approved A. Request: Conditional Use Permit for a drive-through establishment within 300 feet of another drive-through establishment, a residential zoning district and existing residences on 1.38 acres of land in the C-G zoning district. Motion to approve made by Commissioner Smith, Seconded by Commissioner Rivera. Voting Yea: Commissioner Lorcher, Commissioner Rivera, Commissioner Smith, Commissioner Seal 6. Public Hearing for Delano Apartments (H-2022-0082) by Challenger Development, Inc., located at 3850 N. Centrepoint Way Approved A. Request: Conditional Use Permit for a multi-family development consisting of 84 dwelling units on 3.49 acres of land in the R-40 zoning district. Motion to approve made by Commissioner Smith, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Lorcher, Commissioner Rivera, Commissioner Smith, Commissioner Seal ADJOURNMENT 8:46 P.M. Meridian Planning and Zoning Meeting March 16, 2023. Meeting of the Meridian Planning and Zoning Commission of March 16, 2023, was called to order at 6:27 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher, Commissioner Enrique Rivera and Commissioner Jared Smith. Members Absent: Commissioner Mandi Stoddard, Commissioner Nate Wheeler and Commissioner Patrick Grace. Others Present: Joy Hall, Kurt Starman, Bill Parsons, Stacy Hersh, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Nate Wheeler X Maria Lorcher Mandi Stoddard Patrick Grace X_ Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: Good evening and welcome to Planning and Zoning Commission meeting for March 16th, 2023. At this time I would like to call the meeting to order. Commissioners who are present for this evening's meeting are -- 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 on Zoom this evening we can see that you are here. You may observe the meeting. However, your ability to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please know that we cannot take questions until the public testimony portion. If you have process questions during the meeting, please, e-mail cityclerk@meridiancity.org and they will reply as quickly as possible. With that let's begin with roll call. Madam Clerk. ADOPTION OF AGENDA Seal: Thank you very much. First on -- first item on the agenda is the adoption of the agenda. Noodles and Company at Ten Mile, File No. H-2022-0087, will be opened -- sorry about that. Will be opened for the sole purpose of continuing to a regularly scheduled meeting and will be opened for only that purpose. So, if you are here tonight to testify on that application we will not be taking testimony on them this evening. Can I get a motion to adopt the agenda as amended? Smith: So moved. Seal: Got a second? Meridian Planning&Zoning Commission March 16,2023 Page 2 of 38 Lorcher: Second. Seal: It's been moved and seconded to adopt the agenda as amended. All in favor, please, say aye. Opposed nay? Okay. Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the March 2, 2023, Planning and Zoning Commission Meeting 2. Findings of Fact and Conclusions of Law for Paris In-Home Daycare (H-2022-0093) by Paris Brower, located at 2239 W Fairwood Dr. Seal: Next item on the Consent Agenda is--or the next item on the agenda is the Consent Agenda and we have two items on the Consent Agenda. First is to approve the minutes of the March 2nd, 2023, Planning and Zoning Commission meeting. Second is the Findings of Fact, Conclusions of Law for Paris In-Home Daycare, File No. H-2022-0093. Can I get a motion to accept the Consent Agenda as presented? Smith: So moved. Rivera: Second. Seal: It's been moved and seconded to accept the Consent Agenda. All in favor say aye. Opposed nay? Okay. Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: Okay. At this time I will 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 Unified Development Code. And I usually don't read it this fast, so I apologize, but we are behind tonight. After staff has made their presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. After the applicant is finished we will open the floor to public testimony. Each person will be called on only once during the public testimony. The Clerk will call the names individually of those who have signed up on our website in advance to testify. You will, then, be unmuted in Zoom or you can come to the microphones in Chambers. Please state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting it will be displayed on the screen and you can 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 yield their time to allow you to speak Meridian Planning&Zoning Commission March 16,2023 Page 3 of 38 on their behalf, you will have up to ten minutes After all those who have signed up in advance have spoken, we will invite any others who may wish to testify. If you wish to speak on topic you may come forward in Chambers or in -- if on Zoom please press the raise hand button. If you are only listening on a phone, please, press star nine and wait for your name to be called. If you are listening on multiple devices, such as a computer and a phone, please, be sure to mute those extra devices so we do not experience feedback and we can hear you clearly. When you are finished if the Commission does not have questions for you you will return to your seat in Chambers or be muted on Zoom. You will no longer have the ability to speak. And, please, remember we generally do not call on people 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 a final decision or recommendation to City Council as 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-- for the item variance request from a department determination concerning a proposed addressing change for 2201 East Gala Street by the Orme Family and Implant Dentistry and we will begin with the staff report. Amador: Chairman and Commissioners, my name is Mercedes Amador with Land Development. I know there is some new Commissioners, so I'm going to go ahead and give a quick synopsis of the background and the history of this variance. Planning and Zoning Commission held a hearing for this variance on February 2nd. Commission ultimately continued the hearing. Requested the staff to meet with Dr. Orme and Mountain View Point Dental to explore possible solutions. On Wednesday, February 15th, Joe Bongiorno, John Shane, Seth Oakes and I met with Dr. Orme and Sean Wasden with Mountain View Dental Point -- or excuse me. Mountain View Point Dental at 2201 East Gala. City staff presented options that would meet the requirements for assigning suite numbers to the building. The first option discussed was for both dentists that occupy the building to form a partnership. Both doctors expressed that they would prefer to maintain that autonomy that they have. The second option presented was doing a tenant -- tenant improvement, adding walls to separate both spaces, creating two suites in order for us to create those suite numbers. Unfortunately, they do not meet all seven of the findings in the Meridian City Code 8-2-11-A. There are two that I would like to point out directly. The first being the request will not grant a right or special privilege to the property owner. We have denied several other offices for this same request before and I believe accepting or approving this variance would provide or give the owner a special privilege over the others that we have denied. Second is the variance requested will not adversely affect the health, safety and welfare of the community. Joe Bongiorno, from the Fire Meridian Planning&Zoning Commission March 16,2023 Page 4 of 38 Department, has submitted a letter to Commission recommending the denial of this variance due to safety issues. City staff is still recommending the Commission deny the variance for the assignment of the two separate suites, 42201 East Gala. Seal: Okay. Thank you very much. Would the applicant like to come forward? Starman: Mr. Chairman, if I can interject just for a moment? Seal: Yes. Starman: I just want -- for -- for the record and also for the applicant in the audience -- so, this is a continued public hearing. The Commission has heard this issue once before. The matter was continued and we are now taking the matter back up. We have added two new Commissioners to the body since this was first heard. So, Commissioner Smith was not a member of Planning Zoning Commission at that time and, likewise, Enrique -- Commissioner Rivera also was not a member. So, I chatted with them in advance and gave them two choices. One is they can recuse if they don't feel comfortable participating. Because they missed the first meeting they could recuse from this item or, in the alternative, if they would review the minutes and the video -- and/or the video and be prepared to take action, that's fine as well, but for due process reasons we want to make sure that the Commissioners either recuse or make a comment on the record that they have reviewed the minutes from the previous public hearing and are prepared to take action tonight. So, perhaps Commissioners Smith and Rivera can comment on that and what they would like to do and, then, we can proceed. Seal: Mr. Smith, go ahead. Smith: Thank you. I'm aware that the original hearing for this took place before my appointment. I think in February. I have since reviewed that hearing, the video and minutes, and all relevant materials and I'm ready to proceed in an informed manner. Seal: Okay. Thank you very much. Commissioner Rivera, how do you respond? Rivera: I also have reviewed the video and minutes and all materials pertaining to this and I feel confident in moving forward with being part of this conversation. Seal: Okay. Thank you very much. Thank you, Kurt. I appreciate it. Now would the applicant like come forward. Bundy: Good evening -- good evening, Commissioners and Chairman. Thank you for having us here today. I'm Trisha Bundy. Do you want me to state my address? Seal: Yes, please. Bundy: Okay. 2773 North Rock Cliffs in Kuna, Idaho. I am employed at Orme Family and Implant Dentistry. I want to apologize that Dr. Orme was not able to make it tonight. Meridian Planning&Zoning Commission March 16,2023 Page 5 of 38 He had a last minute complication that prevented him from coming. However, I'm going to represent Orme Family and Implant Dentistry today. Just as Mercedes stated, they were able to come to our office and walk around and the Deputy Fire Chief was able to give his recommendations on where to place doors that would separate the two suites. So, we took those recommendations and found an architect who has provided a drawing for you and his name is Tim Grissom and he's going to kind of talk to you about what he -- he determined moving forward. Is it all right if I invite him? Seal: Absolutely. Good evening, sir. Need your name and address for the record, please. Grissom: Yeah. My name is Tim Grissom. Address 1606 West Hayes Street, Boise, Idaho. So, I also reviewed the staff report and the letter from the Deputy Fire Chief and everything that's in your packet tonight basically. I -- I do believe that the goal of the dentist office can be achieved without doing a tenant improvement. Those of you who are here got a letter that I wrote. Those of you who aren't here, I'm sorry, I don't believe you have access to that. But I will kind of run through it. So, basically, the staff report had two objections for the variance. One was health, safety and welfare. The other was special privilege. I -- in the letter from the Deputy Fire Chief he mentioned that when emergency crews show up on site they expect signage -- or I can even quote it directly here. Would like to see a clearly marked suite and door to enter into. I think the real issue there is wayfinding. They need to be able to find where they are going quickly to respond to the emergency. I don't -- I think clear signage could be just as effective as a -- a door, possibly more effective, since a door is just a hindrance to getting to where you need to go. So, as long as the entrance to the suite is clear a door is irrelevant. So, that kind of covers the -- the life safety aspect of it. The special privilege part -- I looked through the city code and where it states that separate tenant spaces can get suite numbers with the code -- what the code doesn't specify is that separate tenant spaces need to have physical barriers between them and a tenant space --that term is not defined within the definitions of the city code. So, it's -- it doesn't seem like there is grounds to say that the two dentists operating in this building don't have separate tenant spaces, because there is nothing in the city code that says those spaces need to be -- to have physical barriers between them and there is no definition to say what a tenant space is and that's basically the gist of the letter that two of you have. Seal: All right. Thank you. Would the applicant like to add anything beyond that? No? Commissioners, do we have any questions for the applicant or staff at this time? Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: I have a question for -- for -- I guess both the applicant and staff. Partially to -- to jog my memory, make sure I'm -- I'm -- I understood the -- the proper conversation in the original hearing and the second for clarity, if -- if that understanding is correct. So, I believe in the original hearing when the applicant came forward they were mentioning -- Meridian Planning&Zoning Commission March 16,2023 Page 6 of 38 this is something that I have heard. This insurance issue was something they have heard of other businesses struggling with and, then, there was response from staff and, again, like -- I'm -- this is my memory of -- of reviewing this, but there was response from staff that this wasn't an issue that they had seen commonly, but now I'm seeing that this is a - - a request that staff routinely denies. One, can -- can we confirm that this -- that my understanding of what was on video maybe it got mixed up in the audio feed or something -- that that's a correct understanding. And, then, second, if that was the case could you -- Mercedes, could you provide a little bit of clarity around kind of what I'm mixed up on? Amadon: Of course. Yes. So, we have not denied anybody else -- or we have denied people that wanted separate suite numbers, yes, When there is no two separate, you know, suites or several other suites. I have not seen it come up where it's an insurance purpose. So, there -- I mean -- Smith: Okay. That makes -- that makes more sense. Amadon: Okay. Okay. Smith: Okay. The -- the insurance specifically is the issue that you haven't seen. Amadon: Correct. Smith: Not the -- okay. Thank you. Seal: Any follow up on that? Smith: No. I do have some more, but I think I will wait for additional testimony. Seal: Okay. Commissioners Lorcher or Rivera, do you have anything -- any questions for applicant or staff at this time? Lorcher: This is Commissioner Lorcher. No, I do not. Seal: Okay. Rivera: This is Commissioner Rivera. Not at this -- not at this time. Seal: Sorry, I didn't -- we didn't catch all that. Can you repeat, please? Rivera: This is Commissioner Rivera. I don't have any questions at this time. Seal: Okay. Thank you. Mercedes, go ahead. Amadon: Joe Bongiorno is online via Zoom. I'm going to go ahead and give him a chance to comment if you would like. Meridian Planning&Zoning Commission March 16,2023 Page 7 of 38 Seal: Okay. Thank you. Good evening, Chief Bongiorno. We will need your name and address for the record, please. Bongiorno: You bet you. Deputy Chief Joe Bongiorno. Meridian Fire Department. 33 East Broadway, Meridian, Idaho. 83642. 1 just wanted to add a little more. So, I'm here to support Mercedes and after I met with the applicant I did go back through my inspection program to see what -- what's going on with the rest of the dentists that I have in my system and what I found was we had dentists offices with anywhere from one to five dentists with one address. So -- so, I am with Mercedes that this is granting a special privilege for these people, because I have them all over the city that do the same thing, that have multiple dentists in one office with one address or it's Suite 101 is Dr. Jones and Suite 102 is Dr. Smith and Suite 103 -- and they are separate suites with walls and everything. So, you can't get from 101 to 102. So -- now, as far as the life safety part goes, I just wanted to reiterate for--for me and my fire crews, It's -- it's life safety because we are simple people, we are simple thinkers. If someone says you are going to 2021 East Gala Street, Suite 101, I'm going to expect to walk into Suite 101 , go back to whatever room and not end up in a big circle, because now it's -- where am I? You know, picture the building full of smoke, whatever, because if the building is full of smoke, I'm not going to be able to see the signs hanging on the wall letting me know that, you know, hey, there is -- you can go all the way around and not know it. So, for me we met with them -- it was only one wall and, then, some additional changes up at the front to separate 101 from 102 and so that way for us it's clear and distinct -- I can't say that word -- as to where we are going and it's very obvious where we are going and it -- we are not going to end up in a big circle -- running around the building in a -- in a giant circle. So, for us it's keep it simple and this is not simple, it's confusing, and for the Fire Department, Police, EMS, it's going to -- it will cause problems and so that's why I recommended denial, because we have tons of other occupancies in this city where this happens all the time and this is the first one that's ever come forward and said, well, it doesn't work for us. So, that's -- that's my thoughts, so -- Seal: Okay. Thank you very much, Chief Bongiorno. Is there anybody else that would like to come up and testify on this? Nobody in Chambers? Does the applicant have anything else to add? Sir, come on. Please wait until you get up in front of the microphone. We got to record everything. Thank you. Grissom: I don't think I have fully completed my thought before on the special privilege part. I realize this would be a different decision than the city has made before, but I think the decisions the city has made before were not correct or fully based on what the code says, so I think we are not granting special privilege to this applicant, it's just that we are understanding what the code says in a new way for this applicant and going forward hopefully. Seal: Okay. Thank you. Commissioners, is there any further questions or anything before we close the public testimony? Smith: Mr. Chair? Meridian Planning&Zoning Commission March 16,2023 Page 8 of 38 Seal: Commissioner Smith, go ahead. Smith: I have a few questions. Seal: Yep. Smith: So, humor me. Question for -- for counsel around the idea of a special privilege in -- in code, if -- if -- trying to wrap my head around this. My understanding of special privilege is that the city makes a determination in similar fact patterns and makes different determinations for perhaps arbitrary reasons, for example. Would the fact that this applicant has asked for a continue -- or not continuance --for a variance significantly alter that fact pattern to where that special privilege would no longer be an issue? What I'm -- what I'm getting at is this is apparently the -- so, as we have heard, this is the first time that this has been brought up as an issue. It seems like the fact, at least at first glance, that this process that's being engaged would render that not a special privilege as they went -- underwent a different process. They sought a variance from the city and the body in a way weighed the applicants -- the other applicants have not done. Is that a correct understanding? Am I wrong? Am I misunderstanding something about the law here? Starman: Chairman Seal, Commissioner Smith, I think that's a good description. I mean in some ways a variance is, by definition, a special privilege. We are deviating from the standard code. I like your description a moment ago in terms of really we want to be consistent in terms of how we interpret the code and how we apply the code and that we are not being capricious or arbitrary in our interpretations and applications. So, I think that's a good guiding star for the -- the Commission this evening is to -- you know, we want to adhere to -- will it be consistent with our interpretation of the code and treat each applicant in a similar manner, not that we do it one way today and do it another way tomorrow. Smith: Mr. Chair? Seal: Go ahead. Smith: Another question for you. Now, on the specific -- on the idea of tenant suites. I know there is -- the applicant has discussion of the code about there is nothing stating that the tenant suites must be physically divided by a wall or door. You know, I am not an expert in the code by any means, but I imagine that you are, so does that -- does that in your eyes comply with the -- out of the spirit of the text of the city code in a way that is -- has legal standing? Is -- you know, is there -- are there any legal issues with that? Is that perhaps not an accurate -- I'm just trying to make sure I understand the code fully from all angles as well. Starman: Thank you, Chairman Seal and Commissioner Smith. So, I would offer a couple of thoughts with regard to that topic. You know, first, as the applicant mentioned, there is -- there is not a definition of the term tenant suite and, you know, we --we include many definitions in the code, but we don't define every term and so that very well may be -- may Meridian Planning&Zoning Commission March 16,2023 Page 9 of 38 be the case. When that's the case two things come into play. One is we apply -- this is true in the context of the UDC, but also just more broadly in terms of interpretation of law and statute. We apply the common meaning of the term or the plain meaning of that term as it's commonly understood in that context and -- and the next thought I would offer is that courts are very deferential to -- and interpretations of zoning codes very deferential to the approving body or the -- the -- the body that -- that implemented the code in terms of interpretation and so courts typically will defer, unless the body is being arbitrary or capricious, courts will typically defer to that entity's -- the body's interpretation of its code. So, in an ideal world we -- we like it when definitions are clear and everybody is on the same page. I think staff's interpretation of the term tenant suite is well reasoned and sound and is being applied correctly in this context. Smith: Mr. Chair? Seal: Go right ahead. Smith: I have another question for either staff or perhaps Deputy Chief Bongiorno. Again, this is -- I'm trying to approach this as -- as a layman, which is easy, because I am one. But I -- you know, I was -- I was sitting in Costco the other day getting an eye exam and I was thinking I couldn't get this -- this -- this issue out of my mind and I'm thinking of a case in which say someone -- there is a medical emergency at a Costco, does -- and whether the fact that -- say someone says it's in the dairy section. You know, someone calls 911 says there is a fire or someone has collapsed in the dairy section in Costco. Does the fact that there is a retaining wall around that section change anything in terms of the navigation for -- for fire, EMS, versus if it were in an aisle that doesn't have -- have a wall or, for example, say someone calls 911 and there is -- there is a fire here at City Hall and they say it's in the conference room. Regardless, you know, that could be the - - well, I can see 12 conference rooms, community development, that could be this conference room here. I think the idea of -- of wayfinding -- I think there is -- there is something here that I'm missing that I would like to be educated about on -- on the emergency response side. I'm not fully understanding how -- how that significantly impedes understanding of where the issue is. I feel like if you are in the -- an open space where you are otherwise not expecting an open space, it should be in my mind easier to locate the issue and as for the signage issue, I imagine that if -- if smoke is obscuring your vision of a sign it would probably obscure your vision of a label of a door that would say, hey, this is where Suite 101 is as well. So, I'm just trying to understand, you know, from -- from the best legal man this -- this position on -- on the firefighter's side. You know, if you could just walk me through that decision making progress of -- process of, you know, if you walk in this -- if you walk into this area and you are expecting perhaps a wall or a door and there is not one, how does -- how does that -- how does the lack of a door impede you in a way that you know that the signs wouldn't assist. I imagine those signs could be theoretically the same way an exit sign is illuminated. I imagine there could be -- and I'm not going to get into specifics there, but I imagine there are these things that the applicant could likely do to assist in the wayfinding aspect. So, I'm just -- I'm -- I'm missing something and I'm wondering if you have any-- any thoughts or-- about that admittedly long -- Meridian Planning&Zoning Commission March 16,2023 Page 10 of 38 Bongiorno: Sure. Mr. Chairman and Commissioner Smith, so, again, we -- what -- what Mr. Starman explained is what, you know, we take a suite as it's a -- it's a single space. Suite 101 is a single space. Costco is a large building and if someone said we are in the photo -- or we are in the vision area of Costco, okay, yeah, that's -- that's easy to find, because we know where that is. We -- we all know what -- when you say Costco you know TVs, you know the snacks, meat, wine, food. We know -- we all know what a Costco looks like and so for us it's the same thing with a suite. When I walk in somewhere and I walk in the front door and I'm looking for Suite 101 or 102, I'm going to look to the left and I'm going to look to the right -- or it may have those wayfinding signs to find that suite. But when I get to that suite my anticipation and my crew's anticipation is this is the space we are going into to get to this issue, whatever it is, either -- whether it be a fire or whether it be grandma's having a heart attack or whatever. So, when we go into a -- a space and we are expecting a single space and, then, it turns into a big circle and we are like, okay, where the heck are we, because maybe staff is back tending to grandma doing CPR on her and there is nobody there to meet us, we don't know what -- you know, we are walking in circles now hitting all the doors trying to find out where we are going. So, it's -- it's wasted time. Time is important for CPR as you all know. The golden hour. Time -- trying to remember what Chief Blume always says. Time is tissue. As time goes on the tissue dies and we have problems. So, for us that's why we looked at their space, found the -- the dividing spot and I said you don't even have to build a wall here, I mean hire a glazer or a glass company to come in and put mullion around here and just put sheeting in it to separate the spaces. Now, when we go in and if we are running around and we hit a wall we are like, oh, we must have missed it, let's go back. But in their case it's --we are in a giant circle. So, we are walking around and around. Plus now you throw the basement in and that just makes it even more difficult. So, that makes it even harder for us. So, again, the -- the expectation is for a room with barriers. Mercedes and I just met with somebody yesterday, they have 30 -- 30'ish suites in one space. But, again, you go in, there is a wayfinding sign and each one is its own little space. It has a door. It has, you know, whatever in it, so it makes sense. This does -- this application does not make sense to me, because it leaves it open for giant circles and, again, when we are in that time crunch we are trying to get in there, find the patient, and get going and we don't always have somebody there to meet us. Sometimes we have to get the Knox keys in, you know, I have fallen, I'm in the building. Okay. We will get the Knox keys out, we will open the door, we will go in and we will come find you. Where are you? Well, I'm in Suite 101. Now, we are in a big circle trying to hello, hello, hello, hello. Or I'm down in the basement, you know. They had a dance studio down there for a while. I broke my ankle. I'm down in the dance studio by myself. Okay. Well -- so, again, it's -- it's the expectation I think is -- is what the issue is. Smith: Mr. Chair? Seal: Go ahead. Smith: Thank you. I think that -- it seems to me that it's the idea of accidentally exiting the suite, rather than entering the suite, is -- is the main -- main issue. Meridian Planning&Zoning Commission March 16,2023 Page 11 of 38 Bongiorno: For me it is. Yes. Smith: Thank you. Mr. Chair, question of the applicant. Seal: Yep. Smith: So -- so, looking at this -- and I know you have met with Deputy Chief and the applicant, but I am looking at this -- this item that -- that we received of this kind of signed area and I'm seeing in my head -- I know there was discussion of -- of a wall or -- or a sheet or pane or -- or something in the original -- maybe not the original meeting, but in the -- the documentation of your meeting and follow up with the deputy chief. But I'm looking at here -- and I'm imagining -- I'm seeing maybe three spots where a door could be put in and to -- to the deputy chief's testimony, I imagine that that doesn't have to be a full --you know, a door with a full floor to ceiling wall with the door breaking in. I imagine it could be something simpler. But, basically, on the perimeter of that -- that green zone of -- of the common area, I'm imagining there is -- there is probably -- there is two doors --there is three spots for a door. The one where there already exists going to the stairwell and, then, you know, on the -- I'm assuming this is cardinal directions on this -- the north and -- and the --the west side there could be doors there as well and, then, one between, you know, the -- the two suites on that far north end where the -- where the sterilization area kind of is above that. It seems like that -- to my mind that -- that doesn't seem to be that complex of an improvement. It seems it could be something pretty -- pretty simple. I guess I'm kind of inclined to agree with deputy chief there, but just to the applicant, is -- is there anything that is-- is concerning about putting an improvement there or--or putting some -- some doors or something that's relatively minor, but adds, you know, definition and clarity for EMS around -- you know, preventing them from accidentally exiting a suite, because as we have heard that seems to be the main issue. Bundy: That was -- that was directed to me; correct? Smith: Yes. Bundy: So, like I said, we took our recommendations to the architect and he thought the signage would suffice as that, but, yes, we definitely could --could do those doors in those three locations. Smith: Mr. Chair? Seal: Go ahead. Smith: Question for -- for staff. Would -- I know there is discussion of -- of a wall or a significant improvement. Would -- would something like that meet a similar kind of standard and expectation, even if it's not a floor to ceiling wall, if it's something that is substantial to -- to delineate the multiple suites or the multiple areas, but isn't necessarily within that -- that original recommendation, would that still kind of meet the staff's expectation? Meridian Planning&Zoning Commission March 16,2023 Page 12 of 38 Amadon: It would. Seal: Okay. Commissioners, do we have anybody else with comments or questions before we close the public hearing? This is Commissioner Lorcher. I'm good. Seal: Okay. Thank you. So, with that I will take a motion to close the public hearing for the variance request from a department determination concerning a proposed address change for 2201 East Gala Street by Orme Family and Implant Dentistry. Smith: So moved. Lorcher: So moved. Smith: Second. Seal: It's been moved and seconded that we close the public hearing for the variance request from a department determination concerning a proposed addressing change for 2201 East Gala Street by Orme Family and Implant Dentistry. All in favor say aye. Opposed nay? Okay. Motion passes. The public hearing is closed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Starman: Mr. Chairman, can interject just for a second? Seal: Okay. Starman: For the record I just want to make note that Commissioner Rivera has joined us in the Chambers and is no longer online. So, he is here on the dais. Seal: Thank you very much. Okay. So, who wants to go first? Anybody? I will -- I will - - I can throw my two cents in here quickly as -- and, full disclosure, I was a shipboard firefighter, so I understand what Chief Bongiorno is explaining. There are times when you are in a -- you know, a panicked situation, basically for most -- most people you don't know how people are going to react or what's going to go on, if the building is going to be full of smoke, flames, or anything else. So, it's difficult to say what's going to happen and when it's going to happen. But from the perspective that Chief Bongiorno is describing I completely understand that and I can sympathize with it, because I have been in those positions before. City staff does have a precedent that's been set, you know, of denying applications like this. So, I -- I think we are to the point now where if the applicant would --would like to get an approval on this, they will have to -- in my opinion that you are going to have to submit a plan that shows that you are going to split the suites. We have already continued it once in -- in hopes that that would happen and we are kind of back to the same spot. So, my -- my preference would be to recommend denial, let it go to City Council. If the improvements are made, City Council can deal with that or not. The applicant can appeal to the City Council the same way they have done here. Meridian Planning&Zoning Commission March 16,2023 Page 13 of 38 Starman: Mr. Chairman, if I could interject quickly -- Seal: Yes, sir. Starman: -- just for clarity. Actually, the -- the Commission is the decision making body on this. So, the Commission will either approve or deny the variance request. I will mention parenthetically, which is what chair still may be thinking of, is that there is an appeal process to the City Council, but just for clarity, the Commission is the decision maker as to whether to grant or deny the variance request. Seal: Okay. Thank you for straightening me out on that. Smith: Mr. Chair? Seal: Go right ahead. Smith: At risk of sucking all the oxygen out of the room, you know, I -- all the questions that I have been asking in this is because I honestly came into this hearing just genuinely not understanding some of the -- some of the safety concerns and was -- was -- was trying to rack my brain and I really thank Deputy Chief Bongiorno for-- for clarifying some of that, because that makes -- makes a lot more sense to me now. And I -- I have just -- I have been struggling with this. It -- you know, my -- my initial demeanor and position when -- when someone comes before the Commission saying, hey, there is this issue we are having and we need help is just to say, okay, absent something that's -- that's compelling, I'm -- I'm inclined -- you know, my inclination is, okay, what -- what can we do to help and -- and I'm -- I'm seeing that compelling issue coming up now where -- where I wasn't before and so in light of that, you know, I really do feel for you, I -- I understand this is a tough decision and also working with insurance companies, which there is plenty that could be said about the business model. I -- I -- I feel like that -- I agree with -- Mr. Chair, I agree with you that I think that there is something that could be, you know, a really simple solution to divide these suites in a way that still allows movement between them for -- into the common space between one another suite for common usage, for access to the sterilization area, you know, it -- it's -- it's -- it's a bit of a -- probably a frustrating point to have to construct improvements to deal with something that really shouldn't be an issue from a business perspective to begin with. But I -- I think that's probably the -- the -- the -- the -- the area -- the way forward that makes the most sense, creates the least risk, yeah, in response time and still allows, you know, the business to function as, you know, it seems that both the -- the owners want to remain separate and not be one entity. It seems like this is kind of the best -- best solution -- or, you know, the least bad option going forward and so for that I'm -- I'm inclined to -- with -- with sympathy and -- and wishes that there was a different case, I'm inclined to recommend deny -- to deny as well. Seal: Commissioner Rivera, do you have anything to add? Meridian Planning&Zoning Commission March 16,2023 Page 14 of 38 Rivera: Yes, Mr. Chair. I -- I can see both sides of this. I have been in -- in -- in my profession I have worked with many commercial buildings similar where they have multiple tenants inside and some of -- whether it's law or here in this case dentistry or -- or-- or other practices and -- and I have seen this before in the commercial world, but it's not always easy, because you have a flowing system and a system that works that was put together, but in every case that I -- that I worked and I -- and I -- and I have met with these owners, there is always that comes back to the safety and -- and building a wall or some kind of a -- a -- to differentiate the suites has always been the first case for safety for -- for -- for them, for their patients, and for the fire department as well, along with -- with police. So, I have seen it, I have seen it come through where -- where they work together and -- and they -- they meet and -- and build -- whether it's a wall or something to differentiate the suites and it's always worked out well and -- at the end. I know it's not easy, because you have a flowing system, but I think at the end a priority is the safety of everybody and so with that being said I -- I -- I also am leaning to denial on this case. Seal: Thank you. Commissioner Lorcher, do you have anything to add? Lorcher: No. I agree with the other Commissioners. Seal: Okay. Somebody like to make a motion on this, please? Smith: Mr. Chair? Seal: Go right ahead. Smith: After hearing staff recommendations and all public testimony, I move to deny the variance request from a department determination concerning the proposed addressing change for 2201 East Gala Street by Orme Family and Implant Dentistry. Seal: Is there a second? Rivera: I will second. Seal: It's been moved and seconded to deny the application for the variance request from a department determination concerning proposed address change to 2201 East Gala Street by Orme Family and Implant Dentistry. All in favor of the denial, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. 4. Public, Hearing for Noodles and Company at Ten Mile (H-2022-0087) by Chipman Design Architecture, Inc., located at 3103 W. Milano Dr., near the northeast corner of N. Ten Mile Rd and W. McMillan Rd. A. Request: Conditional Use Permit for a new approximate 2,200 square foot quick serve restaurant with a drive-through, located Meridian Planning&Zoning Commission March 16,2023 Page 15 of 38 within 300 feet of an existing drive-through facility, residential district and existing residence. Seal: Okay. Thank you. Let me see. Okay. And with that I would like to open File No. H-2022-0087, Noodles and Company at Ten Mile for a continuance to April 20th, 2023. Smith: Mr. Chair? Seal: Yep. Go right ahead, Mr. Smith. Smith: I move to continue File No. H-2022-0087 to be heard on April 20th, 2023. Rivera: I will second. Seal: It's been moved and seconded to continue File No. H-2022-0087 for Noodles and Company at Ten Mile to April 20th, 2023. All in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. 5. Public Hearing for Chipotle (H-2022-0094) by ALC Architecture, located at 1737 S. Meridian Rd. A. Request: Conditional Use Permit for a drive-through establishment within 300 feet of another drive-through establishment, a residential zoning district and existing residences on 1.38 acres of land in the C-G zoning district. Seal: Now we would like to open File No. H-2022-0094 for Chipotle and we will begin with the staff report. Allen: Thank you, Mr. Chair, Members of the Commission. The next request before you is a request for a conditional use permit. This site consists of 1 .38 acres of land. It's zoned C-G and it's located at 1737 South Meridian Road. This site was part of a larger development that was annexed back in 2004 with a development agreement and included as a lot in Medina Subdivision. A property boundary adjustment is also in process to reconfigure the boundary of the lot. The Comprehensive Plan future land use map designation is commercial. The applicant is requesting a conditional use permit for a drive-through pick-up window only for a Chipotle restaurant. Orders will be placed online through their app and picked up through the drive through. A conditional use permit is required because the drive through is within 300 feet of another drive through establishment, a residential zoning district, and existing residences. The proposed development complies with the provisions of the existing development agreement and subsequent addendums. Access is proposed via an existing east-west right-in, right-out driveway from State Highway 69 and South Meridian Road that runs along the southern boundary of the site at the east and provides access to the lots in Medina Subdivision. Meridian Planning&Zoning Commission March 16,2023 Page 16 of 38 Off street vehicle parking is proposed in excess of UDC standards for a restaurant use. Street buffer landscaping and a ten foot wide pathway was installed along staff -- excuse me -- along south -- along State Highway 69 -- I can't speak -- Meridian Road with the subdivision improvements. Parking lot and perimeter landscaping will be installed with development of this site. Conceptual building elevations were submitted as shown for a single story building that consists of stucco and EIFS finish with metal canopies and accents and glazing. The trash enclosure is proposed to be constructed of smooth faced CMU and split face CMU color matched to the building. The final design of the building is required to comply with the design standards listed in the architectural standards manual. Written testimony has been received from the applicant Jeff Likes, AOC Architecture, in agreement with the staff report and he is available online Tonight to provide testimony. Staff is recommending approval with the conditions in the staff report. Staff will stand for any questions. Seal: Thank you, Sonya. Would the applicant like to come forward, please? Likes: I will be online. But thanks for hearing me tonight, Mr. Commissioner and Chair -- or Chairman and the Commissioners. I'm sorry due to some circumstances I couldn't be there to present, so we are going to hopefully do it online. So, is there a way I can have my -- have the screen share? Allen: Yes. Seal: We will need you to state your name and address for the record, please, before we get too -- too far down the road here. Likes: Yeah. Perfect. Jeff Likes. 1119 East State Street, Eagle, Idaho. 83616. Hopefully -- can you guys see the screen? Seal: We had it in a second ago, but now it's gone. Likes: Yeah. That's what I thought. Allen: I had it up, Mr. Chair, and I stopped sharing -- Seal: Oh. Okay. Allen: -- because that was keeping him from sharing his screen. Seal: Got you. Allen: If you would like me to put it up I can, Jeff, if -- Likes: Yeah. Yeah. Sonya, go ahead and put it up. I mean I -- you know, we are -- we are in agreeance with the staff report. I think you have seen the packet. I just kind of Meridian Planning&Zoning Commission March 16,2023 Page 17 of 38 wanted to explain a few things with this -- it looks like, Sonya, you -- if you can just take control, I can just take a flip forward to the -- Allen: Yes. Likes: -- through the slides if you don't mind. Again, we are here to talk about this drive through -- considered a drive through. A little different than a drive through though. There is no speaker and there is no order board, as Sonya pointed out. It is a pick-up only drive through pick-up window. They order on their app and they show up and they pick it up. They just opened one of these in east Boise and people have tried to order and they have told them to go back and order on their app and when it -- when it's time to come pick it up. So -- next slide, please. So, the proposed I guess zoning is a C-G, 1.38 acres. Currently it's vacant land and, as Sonya said, they are going through a property boundary adjustment, which the current sellers need to wrap a few things up to make that finalized. Next slide. So, this is a larger project we have there. We have two projects that we will be doing. If we receive approval on the Chipotle drive through we will be submitting that for design review, CZC approval, as well as AFC, which stands for American Family Care. You have seen them around town. They are a quick doc in the box type place, along with about 1,100 square foot lease space next to that. We have 44 parking spaces, which gives us a one per 158 ratio. Next slide, please. As you know, our site location, southwest corner of Meridian and Overland Road, in between the Walgreens to the north and the existing Carl's Jr. to the south and as Sonya pointed out, we take access -- a couple of points of access. The main access in is South Meridian Road there with a right-in, right- out, but there is cross access all across the side, all the way over to Lowe's and back out to Overland. Next slide, please. Great. Just to give you a -- this is our proposed site. We have aligned our western -- most west driveway with the existing Walgreens driveways that goes through there to maintain a nice easy flow there. Some things to point out here. We did work with staff and their concerns with the -- there used to be a full access there where our drive through exits. There was an in and out. Currently it exists today. Staff was concerned about people so close to the corner -- or so close to the entrance there at the right-in, right-out. We agreed. So, we have proposed to turn that to a one way -- one way in and, then, the drive through has to go north to exit towards the Walgreens. At the north there by Walgreens is a -- it is a two way lane to enter that and exit that way. So, everybody exits on that east side out the north. All the west parking, again, exits towards the north and it -- this project is -- is a larger project, like I said, the AFC, the retail, they share a patio and, then, the Chipotle building there on the most southern part of it. Next slide. So, like we have said, there was a couple things in the packet. The PBA is being -- property boundary adjustment is being finalized by the seller. Again, we are not a drive through, just more of a pick-up at this point. And I spoke about the one way traffic to avoid conflicts with that main south drive aisle. Next slide. This is our landscape plan. But, you know, the landscaping all across Meridian is already existing. Meridian Road exists, so we are just meeting code standards there, making it a nice place, especially on the patio to sit and, you know, eat and hang out. Next slide. Here is just some renderings. The last two slides are just some renderings of the overall project and how it will look. Next slide, please. And, then, just our last slide there is just an overall, again, rendering of that and I will stand for any questions. Meridian Planning&Zoning Commission March 16,2023 Page 18 of 38 Seal: Okay. Thank you very much. Commissioners, do we have any questions of the applicant or staff? Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: Thank you. I'm just looking at something really quickly on this application and I want to confirm that I'm looking at this and understanding this correctly. Is there a -- I want to say right between Chipotle and the north space is -- is there -- is that a crosswalk that I'm looking at in that parking lot? That diagonally striped area? Likes: Yeah. So, Commissioner -- Mr. -- Mr. Smith; correct? Is that who is talking? Seal: That's correct. Likes: Yes. Thank you. Yeah. So, that is -- part of every development is to get back to the public right of way and that is our way back to the public right of way along Meridian Road. That is -- will be stripped with a different material than the rest of the -- than the drive aisle. These are -- about every project you see is just that striping to get back to the public right of way. Smith: Thank you. Mr. Chair? Seal: Yep. Smith: One other question -- and I'm glad that there is -- this has been implemented in Boise, so, hopefully, you can speak to this. In terms of parking space -- so, this parking is adequate for the restaurant usage. One thing that -- I don't know if I'm concerned about, but it's just something -- some food for thought, if you have any -- any thoughts about customer behavior, if someone drives up, wants to order something, is told they need to order online and much like a Culver's or a McDonald's or something, that they are told, you know, there is -- there are certain spaces set aside for-- for those places for -- for delivery and bringing it out. Are you at all worried or have you seen anything about like customer behavior, for example, some --you know, sitting and idling in parking spots. Has that impacted parking, for example, peak hours? Just thinking from a parking space, also from an air quality space, if there is confusion that results in people idling in parking spots, taking up those spaces and idling their cars. I'm just curious if you have seen that behavior anywhere else since this has been implemented and/or if there are any steps being taken in terms of number of parking spots or location of -- of parking spots to ameliorate that. Likes: Yeah. Commissioner -- Mr. Smith. We are not -- I guess we haven't been given any of that information, how it is being received across -- you know, where they are implementing this and I just know they opened up one in east Boise -- not even that long Meridian Planning&Zoning Commission March 16,2023 Page 19 of 38 ago. You know, whether they put up, you know, pick-up or whatever, I -- I can't say to that. Or if they will sit in a parking space to -- to wait. Smith: Thank you. Seal: Okay. Commissioner Rivera? Rivera: Thank you. Just to piggyback on Mr. -- Commissioner Smith, on the existing -- you said there is already an existing location similar to this one. Do you get -- is there enough -- is there signage? I'm afraid -- you have an urgent care next door and, as Commissioner Smith said, you have people that are going to come up assuming or thinking they are going to order there and are going to come through there. I'm just afraid they are either going to be parked or take up all these parking spots to order or be going in circles across the one way where you have patients next door coming -- crossing through the parking lot and so you have these cars just going in circles or trying to order on their app and, then, coming back around and coming back around. Can you speak to that or, you know, from -- from the existing building or -- or -- or is there adequate -- is -- what kind of signage is there to make people aware that show up that they didn't know they had to order on an app? Likes: Right. Commissioner-- Mr. Rivera. I --we cannot speak to that again. But I would assume they put up signage, you know, pick up only, order on your app. As we all know -- I think people -- people are used to it now since 2020 going there. You know, like -- like Mr. Smith said, there -- there may be spots and they may say, hey, these -- especially in that back area where it's mainly going to be employee parking, you know, hey, we have designated -- we have designated a few of these for waiting while you order and, then, you get in line. I don't think it would last. I don't think people would be confused too long. I think once through and they realize that, oh, this is, you know, a pick-up -- I'm going to order and I'm not going to leave my house until it's close to being done or pick it up at lunch hour type of deal. And, then, the urgent care, I mean I -- I'm not -- we are not overly concerned with those people and we have enough parking spaces really as -- as a whole for -- for plenty of parking for both of those uses. Seal: Quick question for staff. On this just -- is there -- because of the situation that they are in as far as it being pick-up only, is there -- what else would be required in order to make this just a regular drive through or is -- have they satisfied all those requirements? Allen: Chairman Seal, Commissioners, if it was a regular drive through they would be required to depict a menu board and speaker location on their plan. So, those are the only two items that are different on this. Seal: Okay. Allen: They are still providing a -- a stacking lane and escape lane as is typically required. Meridian Planning&Zoning Commission March 16,2023 Page 20 of 38 Seal: Okay. Yeah. I asked that just for, you know, ten years in the future if this is no longer a Chipotle if it has this lane there -- they would want to put a drive through. Allen: If I may add to that, Chairman Seal. Seal: Uh-huh. Allen: Staff did include a condition of approval in there that if the use changes to a regular drive through that they would have to apply for either a new conditional use permit or a modification to this one, so -- Seal: Okay. Allen: -- that does provide a little safety net if something changes in the future for us. Seal: Okay. Perfect. Anything else? No? Okay. Would anybody like to testify on this application? Anybody in Chambers? Hall: We have signed up a Tim Grissom to speak. Okay. And there was no one online. Seal: Okay. So, seeing nobody would like to testify, would the applicant like to add anything? Likes: Mr. Commissioner, I -- or Mr. Chair. I -- I have nothing else to add to this application. Seal: Okay. Any questions from our Commissioners before we close the public hearing? Can I get a motion to close the public hearing? Thank you, Jeff. I appreciate that. Can I get a motion to close file number H -- close the public hearing for File No. H- 2022-0094 for Chipotle. Smith: So moved. Rivera: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022-0094 for Chipotle. All in favor, please, say aye. Commissioner Lorcher? Did we lose -- Lorcher: Aye. Sorry about that. Seal: Okay. No problem just wanted to make sure you weighed in. Any opposed nay? All right. Public hearing is closed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: I will -- I will just start off. This seems pretty straightforward to me. I understand the -- I understand the concern about the parking and -- and how, you know, people might Meridian Planning&Zoning Commission March 16,2023 Page 21 of 38 be confused by this. Go around, park, load the app, you know, come around and that might require its own stacking. But at the same time they do have an exit lane or an escape lane there that -- that could possibly be used for that as well, so as -- as much as I would like to try and figure out all the human behavior that's involved in all this stuff, it's nearly impossible until you actually see it in a location. So, I -- I don't have any issues with this and there is already a drive through that's just south of this. It's kind of a funky corner in there. So, you know, getting in and out -- getting in and out of there is a little tough, especially if you are looking at somebody that's just coming from the free -- from the freeway looking to get back on the freeway that could be a little troublesome. But if they want their Chipotle that's what they are going to do. Smith: Mr. Chair? Seal: Go ahead. Smith: I agree. I don't think there is -- there is really too many issues with it and -- and the one concern I -- if you call it a concern is a minor one. Like you said, there is no way to know consumer behaviors. The only thing I would probably like to see just added is -- is some language asking that they work with staff and consider the -- you know, what we are seeing in that Boise location, to see if it's an issue and if it's not that's fine. But just for -- for that to be a consideration and -- and discussed and -- and if there is any issues there that they be factored in. But beyond that I don't have any issues with this. Seal: Okay. And -- and for this one we are the approving body, so the buck stops here. Commissioner Rivera, would you like -- like to add something or -- Rivera: Again I think it's just part of our growth, right, and our--where our future is going and I'm assuming in a way I -- I do appreciate the -- the exit lane and, you know, the --for the consumers going to take some time to -- to understand that you just can't -- order is going to be different. I believe it -- you know, for -- I think Chipotle uses Uber Eats and Grubhub. So, it might even be beneficial if they can pick up through the -- orders through the drive through instead of, you know, having to park and go in and out in and out maybe. I don't know. But that might be something that could help the business as well. But, yeah, I feel comfortable having the escape lane there for -- for those consumers that are going to go through the adjustment of learning this new drive through style. But, yeah, I really don't see any other concerns. Seal: Okay. Commissioner Lorcher, do you have anything to add or possibly a motion? Lorcher: I agree with the other Commissioners. Seal: Okay. I will take a motion, if somebody wants to try. Go right ahead. Smith: After hearing all -- after considering all staff, applicant, and public testimony, I move to approve File No. H-2022-0094 as presented in the staff report for the hearing date of March 16th, 2023, with the following modifications. Just to add a condition that Meridian Planning&Zoning Commission March 16,2023 Page 22 of 38 the applicant continues to work with staff to address -- to consider potential changes to driver behavior at other locations where this has been implemented and continue to work with staff to address that driver -- driver behavior change if it does exist prior to completion. Seal: Well, Bill, I will ask, I mean when we approve this there is no more working with staff; correct. Okay. Smith: Okay. Seal: So -- Smith: Would I be able to make that contingent upon the applicant's agreement to -- all right. Well, then, I will -- I will -- I recant my additional modifications and, then, just add a -- a request that that be considered by the developer on an -- in a nonbinding fashion. Seal: Okay. Do I have a second on that? Rivera: I will second. Seal: Okay. It's been moved and seconded to approve File No. H-2022-0094 for Chipotle with no modifications. All those in favor, please, say aye. No opposed. Motion carries. Thank you. MOTION CARRIED: FOUR AYES. THREE ABSENT. 6. Public Hearing for Delano Apartments (H-2022-0082) by Challenger Development, Inc., located at 3850 N. Centrepoint Way A. Request: Conditional Use Permit for a multi-family development consisting of 84 dwelling units on 3.49 acres of land in the R-40 zoning district. Seal: Okay. And with that I would like to open File No. H-2022-0082 for Delano Apartments and we will begin with the staff report. Allen: Thank you, Mr. Chair. Give me just a moment to switch gears here and get my presentation up. All righty. The next application before you is a request for a conditional use permit. This site consists of 3.49 acres of land. It's zoned R-40 and it's located at 3850 North Centrepoint Way. This property was annexed back in 2020 with the requirement of a development agreement and a final plat was approved and recorded to subdivide the property. The Comprehensive Plan future land use map designation is mixed-use regional. A conditional use permit is proposed for a multi-family residential development consisting of 84 apartment units and four three-story structures on 3.49 acres of land in the R-40 zoning district. The gross density of the development is 24 units per acre, which is consistent with the density desired in the MUR designation and the Meridian Planning&Zoning Commission March 16,2023 Page 23 of 38 conceptual development plan included in the development agreement. This property was entitled to develop with four three-story structures with up to 96 apartment units and that was entitled with the annexation and the development agreement. Access is proposed at the west boundary of the site via North Centrepoint Way, a collector street. A cross- access ingress-egress easement exists through this property that provides access to the undeveloped parcel to the east from Centrepoint and will also provide an emergency access to the site from Eagle Road. The proposed development complies with and exceeds the qualified open space, site amenity, and parking standards. A total of .65 acre of common open space is proposed consisting of a 5,000 square foot central common open space area and common areas of at least 20 feet by 20 feet in area, which exceeds the minimum standards by .17 of an acre. Some of the area is located adjacent to a collector street and buffer, which isn't allowed unless approved by the Commission with a conditional use permit. So, that is something that is under your consideration tonight specifically. A clubhouse with a fitness facility, a covered patio with a barbecue and covered seating at the clubhouse, a pickleball court, and internal pedestrian walkways and charging stations for electric vehicles are proposed as amenities. A minimum of 158 off-street parking spaces are required, including guest parking. A total of 168 spaces are proposed, which exceeds the minimum standard by ten spaces. Conceptual building elevations were submitted as shown that depict pitched roofs with architectural asphalt shingles, vertical fiber cement board and batten siding, fiber cement horizontal lap siding with stone wainscot accents. Final design is required to comply with the design standards in the architectural standards manual. These do differ a little bit in style from those conceptually approved in the development agreement, but staff is in favor of the proposed elevations as they are more consistent with the surrounding residential development. Written testimony has been received from Becky McKay, Engineering Solutions, in agreement with the staff report and she is here to testify tonight. There have been several letters of testimony received on this application that are in the public record for your review. Some of the -- some of the items of discussion from the public request the structures along the north and west boundaries of the site to be limited at two stories in height to better transition to the existing single family home to the north and future uses on that property, which is designated as mixed-use along with the property to the east. Other testimony notes that the development is too dense and doesn't have enough parking to adequately serve the development. These things as I -- as I mentioned, the number of units is actually reduced from -- from that that the property was entitled to develop with and it was also entitled to develop with three story structures as is proposed. So, there is not a lot of changes we can make there. They do have those entitlements in place. Staff is recommending approval with the conditions in the staff report. Staff will stand for any questions. Seal: Thank you, Sonya. Appreciate that. Would the applicant like to come up? Good evening. Name and address for the record and the floor is all yours. McKay: Thank you, Mr. Chairman, Members of the Commission. I'm Becky McKay with Engineering Solutions. Business address 1029 North Rosario in Meridian. I'm representing Challenger Development on this particular application. As Sonya indicated, we are requesting a conditional use permit for 84 multi-family residential units on Meridian Planning&Zoning Commission March 16,2023 Page 24 of 38 approximately 3.49 acres. The property is already zoned R-40, which is a high density residential zone. It's located -- let's see. You got my -- is it up? Oh, how come it's not turning. Allen: I don't know. I'm happy to advance the slides if you need me to. McKay: Technical difficulties. Seal: That's -- that's been our theme tonight. McKay: Yeah. Kind of been the thing. You are right. So, the property is just located west of North Eagle Road and south of Wainwright Drive. As Sonya indicated earlier, it was part of the Delano Subdivision, which was basically within that mixed-use regional and medium density residential area. So, that original plan that was approved had what we call a layered zoning that had the R-40 adjacent to the commercial component that's existing. Then it transitioned to R-15, then, it transitioned to R-8 as you got up to Alpine Point. We have -- we have -- so, R-15 that is located to the west. We have an RUT parcel between the subject site and the Alpine Point parcel and, then, to the east is Boise city limits and that is zoned general commercial with the design review overlay. And, then, to the south we have the Brickyard Apartments, which has a zoning designation of C-G. This property obviously was -- was annexed and zoned. There was significant discussion on transitioning and mixed-use and compliance with the Comprehensive Plan and it was determined by the Planning and Zoning Commission, the City Council, back in 2020 that this layered effect with the zoning as the intensity goes the -- or as you go north the intensity of the development declines and the zoning intensity declines. This particular subject site is Lot 2, Block 6, within the Delano Subdivision. It will take primary access off of Centrepoint Way, which is a commercial collector roadway. We did hold two neighborhood meetings on this particular project. One of the primary concerns was vehicular connection in the future to Wainwright Drive and -- as development moves forward, because we do not have direct connection to Wainwright. Secondary concern was brought up the fact that the R-4 zoning -- R-40 zoning -- would that potentially set a precedent for the undeveloped property that's to the north of our subject site. My comment to the neighbors when -- when they brought up that concern was the City of Meridian is always supportive of some type of a transitioning, so that we don't have three story -- what's going on? So, that we don't end up with three story apartments next to low density single family dwellings. Oh, you had it up. Yep. It came up and, then, it disappeared. There it is. I got too many microphones. So, as you can see the subject right here, the .49 acres -- Starman: Joy, when you have an opportunity could you put the clock back to about 11 minutes, please. Thank you. McKay: Thank you, Mr. -- Mr. Chairman, Members of the Commission. Becky McKay. As you can see this is a -- this is a vicinity map of this particular area. The subject site is located here. There is the Brickyard Apartments here. The R-15 of the Delano and the R-8 is located to the north of it. This mixed-use regional area was intended with Meridian Planning&Zoning Commission March 16,2023 Page 25 of 38 Centrepoint Way, obviously, to be a collector roadway. Wainwright is the mid mile collector. To the east is Cameron Park, which that was a subdivision that I did all the planning and project management. Madison Park, I did that subdivision, so that's R-1-B. I did Zebulon No. 1, which is in Boise city. That was designated L-O for limited office and it was determined that Wainwright would be the mid mile collector with a future signalization. I did Milford Creek here, which is an R-8 designation. And, then, I did Alpine Point, which is R-4. And, then, I also designed Champion Park. So, I have done quite a bit in this vicinity. One of the issues that we encountered when doing Alpine Point and Zebulon office portion was interconnectivity to the south. At the time these were five acre RUT lots under Ada county jurisdiction with estate homes on them. So, these residents were extremely reluctant to allow me to stub to their properties. They testified at my hearing that they had no intention of ever developing their properties and they did not want any stub streets. They did not want any sewer or water stubs. When we went through the city of Boise, Boise city required that we provide an easement here for potential interconnection in the event that the five acre parcels were to develop in the future. ACHD has purchased that easement and, then, when I did Alpine Point as you can see I did a landscape buffer in the event that that ever became a public street connection. The City of Meridian, when I did Alpine Point here, required that we stub Dashwood and it -- what this gentleman here -- he even hired an attorney, threatened to sue the city, sue us for providing that stub street and the utilities there. So, it -- it was quite difficult to, you know, try to plan for the interconnectivity, but it was always intended and still is on the master street map that Wainwright is the collector and I worked with ITD to get that signalized. I fought for years to get that a signalized intersection, since we had a daycare, we had significant residential development and an outlet to Ustick and, then, the office development. Let me switch here. This kind of shows you what's transpired out there with the rest of the Delano project. So, obviously, they put in the streets, they have extended -- extended Centrepoint Way. They have platted this particular lot here. There is an emergency vehicle access out here to Jasmine Lane as our secondary access. All the multi-family buildings that are proposed are three story consistent with the development agreement that was approved by the City of Meridian in 2020. It also indicated that there would be approximately four buildings with three stories. They were approved for 96 -- a maximum of 96 units and what's before you this evening is 84. We have building type one, which is the larger buildings that you see, and they have 24 units per building and, then, the smaller building right here is Building C, which houses 12 units. In the particular site plan the clubhouse is located -- it's just -- there we go. This is the clubhouse here. So, the entrance is off of Centrepoint Way, which is a collector. You come in and, then, the clubhouse, the office, the management and the amenities are located at this location here. We have a pickleball court here. We have internal pathways and a patio plaza area with an outdoor barbecue. The amenities in --or I'm sorry. Excuse me. The total open space in this project is 40,438 square feet or just shy of an acre. Our qualified open space is about 28,300 square feet at .65 or 18.6 percent. The proposed amenities that are required under the code, based on the multi-family development, include the clubhouse, a game room within the clubhouse, a community gathering area in the clubhouse, an exercise room, an office and a covered patio and, then, a barbecue and kitchen area on the exterior, along as I indicated with the pickleball court and grassed open areas. Kind of scroll -- there we go. This is the -- this shows you the elevations of Meridian Planning&Zoning Commission March 16,2023 Page 26 of 38 the building. It says front elevations, but these are also the rear elevations as you can see that there is modulation, you know, in the building utilizing different materials. The roof lines are varied, so on the ends and across the entire elevation of the structure. Here we go. This is the clubhouse. As you can see it's kind of a new urban type look. It has masonry, different vertical lines, a mixture of different textures and different roof lines to add diversity. You can see that these are the different elevations of that structure. We have outdoor patio area and you can see -- it's kind of tough on this one, but you can see that there is -- there is area -- seating areas, there is a barbecue kitchen area outside. This shows you -- can I get rid of that? There we go. This shows you the floor plan of the clubhouse. So, the clubhouse has a game room. It has a gathering room. There is a two sided fireplace. There is also the exterior here. We have a barbecue kitchen area and, then, covered patio, gathering area on the exterior with restrooms. The management office. Maintenance. So, here we just list the -- the amenities. As I indicated each unit will have a private deck or balcony and, then, we have our centrally located clubhouse with the internal amenities and the pickleball court. This is the utility plan. One of the things that we -- we worked with Public Works diligently to make sure that we got a redundant source of water. So, we are bringing in -- there is water stubbed here. We are bringing water in here, which we will loop through the site and, then, sewer is stubbed. So, all utilities to this particular lot are available and capacity does exist. We have provided the 30 foot easement as required for any sewer and water located within the drive aisles. We are not allowed to have any of our water meters or any of your utility easements encroach in the carports and we have complied with all the requests of Public Works. We have worked with Tyson Glock to make sure that everything met their requirements. This shows you the landscape plan. So, that kind of gives you a better idea. We have landscape buffering along the north. Trees. We have two trash enclosures, one on the north, one on the south. And, then, as you can see this is the clubhouse and the patio area and, then, there are internal pathways that basically provide linkage to that amenity and, then, we have the pickleball court over here. There is a separate 20 foot wide collector landscape lot there and, then, we do meet the setbacks. We have reviewed the staff report and have sent responses to Sonya. I was out of town and had difficulty flying back in and so they did come in late. They probably didn't get into your packet, but Sonya I'm sure has reviewed them. They basically indicate that we concur with all the staff recommendations and conditions of approval. This particular project is, obviously, providing that multi-family component that is required in those mixed- use regional areas where we have employment centers. We have Eagle Road as -- as a major state highway and a transit corridor. So, you know, based on good planning, based on your Comprehensive Plan, the city is looking for, obviously, a mixture of uses, which would include retail, office, small commercial, townhomes, single family and multi-family and we are meeting that multi-family component. Do you have any questions? Seal: Thank you very much. Commissioners, do we have any questions for the applicant or staff? Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Meridian Planning&Zoning Commission March 16,2023 Page 27 of 38 Smith: One question out of curiosity and -- and also I think this might play into some discussion in the public comment. Looking at the development agreement with kind of that additional initial layout, is there a reason that kind of that clubhouse was moved more central to the development, rather than on the outside in light of comments about potentially a more gradual transition in -- in elevation, et cetera. McKay: Mr. Chairman, Councilman Smith, that's a good question. Initially in our original submittal we had the clubhouse located right here at this corner. The problem that we encountered was with Public Works and meeting the design standards where we had to provide 30 foot clear easement width if we had sewer and water both located within the drive aisle even though your drive aisle width, according to the zoning ordinance, is 26 feet for a three story buildings. Due to that issue where we had to meet Public Works' requirements, we relocated the clubhouse to this location, then, that allowed us to widen this area and meet the easement and separation of sewer and water. We did explore trying to connect the clubhouse to the end of the building. We looked at every available option and sent multiple examples over to Tyson Glock at Public Works and he commented -- and this is where we ended up in order to meet Public Works standards. Smith: Thank you. McKay: You are welcome. Seal: Do we have any other questions for the applicant or staff? Parsons: Mr. Chair, Members of the Commission, if I could just add on to what Becky said. That was one component of it. The other component is the multi-family standards -- open space standards changed and this particular project has to provide a 50 by 100 - - 5,000 square foot area and so by keeping that clubhouse there it was going to be more difficult for her to get that. So, I think that kind of drove the design as well. Just wanted to put that on the record as well. Seal: Okay. Thanks, Bill. Okay. Hall: We have Laura Trairatnoblhas or I -- I apologize now. Seal: I will just say Laura come on up. If you could talk into the microphone. Can we get the -- can we turn the display off and, then, turn the microphones back on? Trairatnobhas: Commissioners and Chairman and staff, I am Laura Trairatnobhas from 4621 North Camas Creek Way in Alpine Point and, first of all, thank you to Ms. McKay for her excellent presentation. It was very clear. The only thing I feel unsure about right now is the parking. If you go just south of this proposed location you will find the Brickyards Apartments, another three story apartment complex that was approved a couple of years ago. I'm sure it was approved with whatever the code says is adequate parking. However, if you take your bicycle, like I do, and ride through there on weekends you will Meridian Planning&Zoning Commission March 16,2023 Page 28 of 38 find that the overflow parking is everywhere. People simply do not have two adults per apartment with two cars. People are living together with roommates. You have got three, four cars for one apartment and my concern is that we are going to have the same mess outside this apartment complex as we do with the Brickyards. The Statesman ran a story about two weeks ago about parking violations in Meridian and how they have gone up and one of the hotspots was, guess what, the Brickyard Apartments. People are parking in the fire lanes. They are parking -- they are on both sides of the street, so that only one car can get through. So, I really want you to take a good look at the parking issue, especially with this three story apartment, which is going to be very dense. The other issue, of course, is Wainwright. No one in Alpine Point when we bought our homes was told or knew or had any way of finding out that this was going to be a collector street going directly into our subdivision. Now, if I thought that everyone from Centrepoint was simply going to take a right and go east to the light a block, it wouldn't bother me. But I'm pretty sure half of those people are going to take a left, cut through Alpine Point at high speeds in order to get to McMillan. McMillan is a major road nowadays with a lot of traffic on it. A lot of the schools in that area are to the west and so McMillan is the natural place to go. So, I don't want to overrun my time, I just want to say please think carefully, because the decisions that you folks made -- make, as you know, are going to affect the quality of life in our valley long after all of us in this room are gone. Thank you. Seal: Thank you. Trairatnobhas: Any questions? Seal: No. Thank you very much. Madam Clerk. Hall: Jim, come on up. I'm going to save your last name. If you could, please, step over there. Austin: Chairman, Commissioners, thank you for having us this evening and lending your time to this. For the record, Jim Austin, 4019 North Brooksburg Place, Alpine Point. Eight years. I guess it's time to -- Seal: Not quite. Austin: We will -- we will proceed then. Eight years in Alpine and 28 in Meridian. Have enjoyed it. Thank you for your consideration tonight. I echo a lot of the -- the comments from Laura on this as well. A little context on this that she hit on a little bit right now was the Brickyard to the south is three stories. Delano, the subdivision, had twice the distance to resolve three stories down to one where Alpine is. My house butts right up against that. So, we go from an R-40 down to an R-4 in that amount of distance. Okay. We fought for three years to try to get a decent plan to do so under that. Now, we are proposing three stories to take up half that distance and, then, leave the rest of the half of that distance now to resolve the rest of it. So, we are going to go from R-40 down to one story in half that distance. That's going to represent a serious problem in the future when the Wong property, which is the one that's represented on the north of this piece, Meridian Planning&Zoning Commission March 16,2023 Page 29 of 38 eventually sells. As we see, nope, nobody will ever sell, nobody will ever do that. Yes, they do. We know this has to happen. I know development is part of it. We all have to make room in the best way possible and that's what we are after on this, too. Have a little more graceful transition from one thing to the other. Parking was the other parts that Laura hit on. We all have the newspaper ad that came out on that. Centrepoint was the highlight of that. It is a commercial connector as was pointed out here. That's incredible to see on that and this will only add to the congestion of that -- of that street. We are going to make a bad situation worse by introducing even more with that. We are going to have right now two cars per unit, which is allowed, is -- is scheduled on that. I understand. That's fine. But, again, it's not reasonable to think that everybody -- every American owns one and a half cars. So, that's what's going to be happening there. We all have other friends, et cetera, roommates and all of that stuff. It's not going to be one person per bedroom in those units. It's pretty naive to think so on that. So, my proposal is that the project is limited on the stories --on the number of stories that border, of course, the north and the west if possible. I don't know if that is possible or not. It would be nice to see that. The parking, of course, is a major issue on this. The other eventuality to the north of that with Alpine is that we are now the de facto octopus of this whole thing. When Centrepoint finally is broken through and it will at some point, that will make five connection points to our subdivision. So, if we add even more congestion to that it's going to make the problem worse. Thank you for your time. Seal: Thank you. Appreciate it. Hall: Paul Miller. Seal: Okay. Oh, if you -- sir, if you want to speak go ahead and come on up and grab a microphone, please. We need to have it on public record. Thank you. We will have you -- yep. We will give everybody a comfortable chair this evening. Just need your name and address for the record and -- Miller: My name is Paul Miller. I live at 4294 North Linwood Way, Meridian, Idaho. I'm on the HOA board for Alpine Point. I think my biggest question is -- is with this centerline project that -- and I want to find out when they thought about putting centerline through there did they put -- think about it when it was zoned R-4 or did they think about, you know, this is probably going to be R-40 and so did they do all the statistics on how much traffic was going to run through Centrepoint when it was R-4 only or did they run -- do all the numbers when it was R-40, because if you look at that you only got maybe 50 yards to the stoplight and, then, on the other side of the street you have Wainwright and there is like eight huge apartment complexes -- plexes there that run on Records Road. I'm sure they didn't think about all those apartment complexes either. So, during the day everything backs up on Wainwright now on --on the east side, because everybody's trying to get to Eagle Road and, then, they come over from our subdivision, which is 211 homes, which is draining into Wainwright and getting off of there. Now we are going to have 84 more homes and as he said nobody has one point -- one car and the way everyone's living with everybody now, because they can't afford homes, they are all shacking up and sharing homes, they are going to have a lot more cars there as well. So, where I'm going Meridian Planning&Zoning Commission March 16,2023 Page 30 of 38 with this is how many cars -- I'm not sure what the lady's name is. What's your name, ma'am? McKay: Becky. Miller: Becky. When you were doing this whole thing back in the day what were your traffic studies for that? How many cars -- do you know how many cars are going to go through all those five roads that we have through Alpine Point to McMillan and many are going to come back in? Because right now we have got a raceway on a couple of them and we still don't have -- help me out with the other subdivision that just got put in. It's going to go through -- Kingston that goes through Rogue River-- Rogue River Way, which is going to come through and go out through Alpine Point as well. So, do you have any idea how many cars that is? Parsons: Sir, we will finish the testimony and, then, the applicant will have a chance to address your questions. She's -- she's taking notes over here. Miller: Okay. Perfect. Seal: Thank you, Bill, for -- Miller: I don't know how it works. So, anyway, that's kind of all I have to say, except -- and, you know, I don't know how many more apartment complexes we need there around there. Drive down Records Street. Have you guys driven down Records Street at all? Seal: Uh-huh. Miller: Yeah. It's all apartments down there. I know. Where are you guys going to put the -- thank you very much, gentlemen, for letting me bend your ear and I appreciate it. Seal: Thank you. Appreciate it. Hall- Mr. Chair, I have no one signed up online or -- that was -- Mr. Miller was the last. Seal: Okay. I don't have anybody on -- sir, come on up. Out of habit I was almost going to steer you back towards the podium, not -- forgetting what we were doing tonight. Hartley: Thanks for the comfortable chairs. We appreciate that. Seal: You are very welcome. Hartley: My name is Robert Hartley. 4084 North Brooksburg Place, Meridian, Idaho. 83646. Our house is on the east side of Brooksburg, of course. Our backyard will be against the extension -- the eventual extension of CentrePoint Way. It's -- it's been indicated by our neighborhood outreach committee that maybe there is not enough right of way width available right now for adequate construction of Centrepoint Way and I would appreciate it if -- if Becky could -- could address this as far as the adequate width and if Meridian Planning&Zoning Commission March 16,2023 Page 31 of 38 more width is needed, if that would come out of the commercial area or out of the -- the buffer against our back fence. Plus the fact I think that going from R-4 to R-40 in a couple hundred feet is a bit tight. It's basically all that -- Seal: Okay. Thank you very much. I appreciate it. Any questions for -- no? Hartley: Lived there since -- we were the 30th house in Alpine Point. So, we have been there a while. Seal: Okay. Thank you very much. Hartley: You bet. Thank you. Seal: Is there anybody else that would like to testify? Seeing none, would the applicant like to -- I won't say come back up, so -- you are right there in your comfortable chair, so -- McKay: Mr. Chairman, Members of the Commission, Becky McKay. I will address -- Laura had the comment concerning the -- the Brickyard parking and you guys, since that particular project has been constructed --that was under the older parking standards. So, now the new parking standards do require a guest parking and so we --we do have guest parking that's provided. Obviously, anytime we do the multi-family projects parking is always a hot button discussion and we have some projects where, you know, the -- the city of Boise claims they are overparked. We have some projects that -- you know, other municipalities believe they are underparked. And so everybody's been working diligently to try to find that balance and -- and Meridian has -- has done a good job. Your staff is - - you know, has been obviously in the forefront of figuring that out. Obviously, as we move forward through time, you know, if -- if parking continues to become an issue I'm sure those parking requirements may even go higher. I'm happy that a lot of these people live in Alpine Point. They are proud that they live there and when we -- when we did Alpine Point we provided stub streets based on the Ada County Highway District and the City of Meridian and we did do a traffic impact study for Alpine Point that evaluated the adjoining properties and at the time they looked at what the comp plan designations were on the map. Now, over time, since we did that in 2004, comp plan designations have changed over time and that's -- that's not unusual. Now, as each project comes in lots, such as the Brickyard, such as Delano Subdivision, they were required to do a traffic impact study based on current standards, taking into consideration the existing traffic, the projected traffic based on the COMPASS growth models and, then, any approved projects that had not been constructed and I did review the Ada County Highway District report for the Delano Subdivision when it initially came through showing the 96 units within this parcel and they indicated that there was capacity to handle the traffic. An acceptable level -- level of service for a collector roadway is a level of service D and this project -- you know, it indicated did not have frontage on Wainwright. As far as making that connection to Wainwright, will that happen? ACHD, obviously, purchased that property from Todd Amyx, who was the original developer, and as far as the right-of-way width -- right-of-way widths can vary and sometimes they are smaller than is typical. You know, Meridian Planning&Zoning Commission March 16,2023 Page 32 of 38 a collector can be 50 foot in width. A collector can be 60. But we also have collectors that are -- are less. The improved width is, you know, what's important. Thirty-three foot residential collectors are typically what we see or a 36 foot wide residential collector, but when they have a constrained area to work within, sometimes the highway district will have a -- a narrower right-of-way width. I don't anticipate them taking out that landscape buffer that we provided between that -- that easement that now is right of way, because it was solely intended to buffer your lots that could potentially in the future back up to either a private interconnection drive or a public street and they would have to purchase that and, obviously, you know, get you guys to agree. I wouldn't -- and I don't see them doing that. They are --what I -- in my discussions with them they are going to work within the width that they have already acquired, but -- but they have modeled the traffic all throughout this area and, you know, they are -- they are trying to disperse that traffic to the best of their ability and one of the things with that mixed-use regional is trying to keep the traffic so that it's not traveling as -- as long a distance, that maybe the people that live in these apartments will work at Kohl's or work at the sporting goods store or the C-store and won't be driving out on Eagle Road. I mean that's -- or that people will be able to walk over, bike and shop there without creating vehicle trips. That's -- you know, that's kind of the model of mixing those uses in together. But you are on a transit corridor and, like I said, it took me years and years to fight with Idaho Department of Transportation to get that signal and -- and we were so happy when we finally accomplished it and we basically, you know, told them that -- that due to the number of homes that have been built and the daycare especially, that safety was a critical issue and there were significant wrecks out there when there was no light. So, the problem is when you got the light and you got the collector, then, you know, other traffic will come that direction, because that's the safest exit out to Eagle Road. But they do look at the overall transportation in the area. Does the Commission have any questions? Seal: Commissioners, any questions? I think you -- I think you answered everything that -- every-- every note that I had is now checked off, so -- and thank you for the description and -- of everything that you have done in there. I quit writing down all of it and my note is just -- Becky is to blame, so -- McKay: That's funny when you say that, because I -- I did have a traffic engineer that worked at the Ada County Highway District tell me that, you know, Eagle -- Eagle Road is your fault. When I did Madison Park it was a two lane rural road. No curb, gutter, sidewalk. Nothing. And it exploded. Seal: Yeah. It has grown up for sure. McKay: Yeah. It's -- it's big boy now. Seal: Okay. All right. Thank you very much. Appreciate it. And with that I will take a motion to close the public hearing for File No. H-2022-0082. Smith: So moved. Meridian Planning&Zoning Commission March 16,2023 Page 33 of 38 Rivera: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022-0082 for Delano Apartments. All in favor, please, indicate -- indicate by saying aye. Commissioner Lorcher, are you still with us? Commissioner Lorcher, we can't hear you if you are trying to speak. What about muted? Smith: Mr. Chair, it's -- it's registering that she's talking, it's just not -- Seal: Yeah. We are not able to hear. Maria, you want to try and jump off and, then, jump back in. I just want to make sure that you are fully in for this. Hall: Maria, can you hear us? Seal: I was going to say, I just got a text from her with the same, so -- we will close the public hearing with that. But we do need to figure out our audio, so she can speak to this. Who would like to go first? Smith: Mr. Chair, I will -- I can -- Seal: Commissioner Smith, go right ahead. Starman: Mr. Chairman, can I recommend that we wait until Commissioner Lorcher returns? Seal: Okay. Starman: She's trying to sign on again and be best for her to participate. Seal: Got you. Sorry. Didn't realize she had dropped off. Okay. We will give her just a minute. Parsons: Mr. Chair, would you like to take a -- maybe a five or ten minute break to allow us to get this corrected and, then, maybe come back and -- Seal: That sounds like a perfectly good idea. So, yeah, we will take a five minute break and we will be right back. Parson: All right. Perfect. Thank you. (Recess: 8:25 p.m. to 8:33 p.m.) Seal: All right. Who would like to go first? Maria, we will let you go first if you would like to. Meridian Planning&Zoning Commission March 16,2023 Page 34 of 38 Lorcher: Commissioner Seal, I have heard all of the testimony from the applicant and I have heard the comments from the neighborhood. I believe that Delano Subdivision was kind of in a master plan for a long time. As far as multi-family housing is concerned, this is the right place for it. I know traffic is always going to be an issue and it's going to give tow companies a great opportunity to make a lot of money once these people start parking illegally and once their cars are being taken it will stop relatively soon. I'm in support of this project. Seal: Okay. Thank you very much. Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: Yeah. Thank you. Yeah. I'm sympathetic to a lot of the concerns. I think I'm -- I'm in a unique position as also a member of the Transportation Commission -- informed by some of the -- and I want to share some of my thinking around this. It does seem like there are some things that aren't, you know, ideal. I know that there is, for example, no existing transit connection, but -- if I read the staff report correctly, but COMPASS is optimistic about its -- its potential for future connectivity, things like that. But, you know, thinking about parking and -- and speed, your parking -- it sounds like there is an enforcement issue. It sounds like it. And I agree -- I agree with the comments that once -- once MPD has -- has people there and -- and people are getting tickets consistently, people don't like paying money unnecessarily from what I have -- I have seen and -- and that can -- can be abated over time. It's, obviously, a constant struggle and a constant effort, but if it's a hotspot I would wager MPD already is aware of it, but, if not, that's -- that's an avenue to -- to pursue. Additionally in terms of speeding, you know, thinking about the--the concern about people speeding in the neighborhood because of additional development. I understand it. Fortunately there are things that ACHD can do. Traffic calming. If-- you know, they -- they can -- they can do studies. They can -- based on the results, based on speed studies, potentially, you know, in their policies they -- they can put in -- I think they are doing speed lumps now is what they are called. They can do things like that and -- and additionally looking at the agency comments, you know, interfacing with these people more frequently on the Transportation Commission, you know, ACHD having no concerns, ITD having no concerns, COMPASS having no concerns, these are -- these are really Intelligent, thoughtful people. John Wasson, for example, at ACHD is a wealth of knowledge on this kind of stuff and if these departments don't have these concerns and are confident in the ability of these streets to operate at service levels that are -- are adequate, you know, I -- there are things that we -- that can be ameliorated down the line and if you are facing that -- I don't know if this is -- I think this is okay to say, but let me know if it's not. I highly encourage you to come to the Transportation Commission meeting and voice these concerns if -- if you have them. But on the planning and zoning side and on the CUP side, it -- it seems like, you know, they are -- the DA entitles them to -- I think it was 96 units. They -- they -- they are backing down from this. This is in an area that's meant for, you know, high density housing. It's -- it's in the -- in the comp plan. That comp plan was already -- or that comp plan was -- Meridian Planning&Zoning Commission March 16,2023 Page 35 of 38 was established --this area with Alpine Village already existing. It seems like these things kind of line up and as much as I'm sensitive to other concerns, I think these are things that can over time be reduced. The one thing I -- I don't really see a way around the height concerns. North and west, that's -- that's four out of five buildings that -- that abut the north and west end of the property. So, putting a limit on -- a two story limit, you know, not counting the clubhouse, that's three out of the four buildings that -- that seems like a massive cut to density in that area. So -- so, with that I'm -- I'm in support with just the -- the conditions that are in the staff report. No further modifications. I understand the concerns, but I think this is going to be a benefit to -- to our community and to the area and -- and, yeah, there are going to be some growing pains just with -- you know, with increased density in the area, but I think this is good for the community and I support it. Seal: Commissioner Rivera, go right ahead. Rivera: Chairman. Thank you. I'm in agreement with comments made by our fellow Commissioners. I appreciate Laura, Jim, Robert and everybody from Alpine Point for their -- for their concerns and their comments. With that being said, I -- I -- I also feel, based on the commentary tonight, that Ms. Becky is also doing everything she can to -- to accommodate and -- and -- and do the best that she can, staying within, you know, compliance to make it a win-win for everybody. The -- the traffic light on Wainwright was a -- you know, a big win for the community and for the safety to come in and out of Eagle Road. This -- like said -- like it was said before, the comp plan does call for the high density there, but, you know, with that I -- I stand to also approve this recommendation. Seal: Okay. Yeah. Similar thoughts as my fellow Commissioners on this. It was good to have a better understanding of -- of how, you know, Centrepoint Way does play into this and I -- I agree it's probably going to be very difficult to punch that through to Wainwright at some point in time. I think eventually it will happen. More than likely. Just -- eventually they will probably try and squeeze something through there, unless, you know, the other parcels sell and we are immediately offered some relief in -- in -- in regards to that instead. So, as far as the layout and everything, I actually like the fact that the clubhouse was moved a little bit. Instead of people driving in, immediately parking where there are, they have been able to disperse that a little bit. The fact that there is no sidewalk by the pickleball court -- when I first looked at this for some reason I thought there was a sidewalk that was going by the pickleball -- Pickleball court out to Centrepoint Way, but there isn't one and I'm actually happy to see that, because that would promote people to park on Centrepoint and go use the pickleball courts, which we don't want them to do. So, you know, ample parking, ample open space and I -- yeah, I have -- I have been here long enough to see that the parking standards have changed. So, hopefully, some of the problems that you are seeing in the Brickyard you are not going to see specifically with this piece of the development that's here. I do sympathize. I'm a loyal user of Fast Eddy's. I come in from Ustick, so I traverse down Centrepoint Way to Bald Cypress Street and I can tell you even zooming in on the little -- on the Google Earth thing here that the same Volkswagen is parked on that corner that's been there for about three months. So, you know, parking and everything there is -- is -- it's an issue. You know, there is no other way to put it. But I -- I think the way that this came in and the fact that Meridian Planning&Zoning Commission March 16,2023 Page 36 of 38 it's already entitled to develop that way and it's being done in a responsible manner, you know, it's -- I think it's a fit for the -- for the community. You know, multi-family, large apartment complexes are not something that I'm familiar with, you know, as far as being my cup of tea or not. You know, I would definitely rather not live close to them. I don't currently, so -- but they are going to develop in areas like this. So, Eagle Road is a major corridor, so, you know, like Becky indicated, we are going to try and build these multi- family complexes and places where people can live-work. That's --that's the idea. That's the -- the hope and the concept of it. So, you know, we don't have to bring other people in from, you know, a bedroom community, kind of like Meridian used to be when we were a sleepy little town. And with that I'm -- I -- I would stand in support of this as well. So, instead of rambling on, I will just let one of my fellow Commissioners continue on or make a motion. Smith: Mr. Chair? Seal: Commissioner Smith, go right ahead. Smith: After considering all staff, applicant, and public testimony, I move to approve File No. H-2022-0082 as presented in the staff report for the hearing of March 16th, 2023, with no additional modifications. Seal: Do I have a second? Rivera: I will second. Seal: Okay. Lorcher: Second. Seal: It's been moved and seconded to approve File No. H-2022-0082, Delano Apartments, with no modifications. All those in favor, please, indicate by saying aye. Opposed nay? Motion carries. Or motion passes I should say. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: Thank you very much, everyone. Parsons: Mr. Chair, before we adjourn tonight I just wanted to make an announcement for the Commission. I wanted to let you know that next month is -- sorry. I'm -- I'm getting sleepy here. Appreciation for your volunteer work on the Commission and the city will be honoring you in that effect. So, I will be following up with an e-mail inviting you to join in that event. But I wanted to let you know that it is going to occur on April 20th starting at 11:30. So, if you are interested, again, I will send out an e-mail. RSVP with the Mayor's office if you are planning on attending. Seal: Okay. Thank you very much. Meridian Planning&Zoning Commission March 16,2023 Page 37 of 38 Parsons: Thank you. Seal: Are we all going to be -- hopefully I get a half a car, because, apparently, I'm missing half a car. I only have one. And with that I will take one more motion. Smith: Mr. Chair? Seal: Go right ahead. Smith: Move to adjourn. Seal: Do I have a second? Rivera: Second. Seal: It's been moved to adjourn. All in favor, please, say aye. No opposed. We are adjourned. Thanks, everyone. MOTION CARRIED: FOUR AYES. THREE ABSENT MEETING ADJOURNED AT 8:46 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 2, 2023, Planning and Zoning Commission Meeting 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 Paris In-Home Daycare (H-2022- 0093) by Paris Brower, located at 2239 W Fairwood Dr. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Paris In-Home Daycare for up to 12 children on 0.36 acres of land in the R-4 zoning district,Located at 2239 W.Fairwood Drive, by Paris Brower. Case No(s).H-2022-0093 For the Planning& Zoning Commission Hearing Date of: March 2,2023 (Findings on March 16, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 2,2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 2, 2023,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 2, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 2,2023, 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). [Paris In-Home Daycare CUP H-2022-00931 Page 1 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of March 2,2023, 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 March 2,2023,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-513-617.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 2, 2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [Paris In-Home Daycare CUP H-2022-00931 Page 2 By action of the Planning&Zoning Commission at its regular meeting held on the 16th day of March ,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 3-16-2023 Attest: Chris Johnson, City Clerk 3-16-2023 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: 3-16-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [Paris In-Home Daycare CUP H-2022-00931 Page 3 EXHIBIT A 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= AVE CHATEAU VTCN T ATEAU AV Lj SUBJECT: H-2022-0093 0 TANA � ��' � p�,IMAR DR- Paris In-Home Daycare CUP Z g _ 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. B. The Meridian Planning&Zoning Commission heard this item on March 2,2023. At the public hearing,the Commission moved to approve the subject Conditional Use Permit request. 1. Summary of the Commission public hearing: a. In favor: Paris Brower b. In opposition: none C. Commenting: Paris Brower d. Written testimony: None. e. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting:None 2. Key issue(s)of public testimony: Page 4 a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None Page 5 VII. EXHIBITS A. Site Plan a 0 I �f o ti } �F1111�i�l 1• _ _ Page 6 B. Existing Residence Pictures f 7m'_ sF Awl ,mac 7 'fS.. ^'1...... . Page 7 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.meridianciU.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 8 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, Staff finds 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 9 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) E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Item #6: Delano Subdivision (H-2022-0082) Application(s): CUP Size of property, existing zoning, and location: This site consists of \[#\] acres of land, zoned \[district\], located at \[address/general location\]. History: \[if applicable\] Comprehensive Plan FLUM Designation: \[details\] Summary of Request: \[details\] Written Testimony: \[name(s)\] - \[issue(s)\] Staff Recommendation: \[Approval/Denial\] Why? \[i.e. what is unique/premier (Comp. Plan policies/goals), meets minimum requirements or not, process comments/story\] 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-, as presented in the staff report for the hearing date of March 16, 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 \[#\], as presented during the hearing on March 16, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number \[#\] to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Changes to Agenda: th Item #4: Noodles and Company at Ten Mile (H-2022-0087) – Applicant requests continuance to April 20 in order to revise their plans. Item #5: Chipotle - CUP (H-2022-0094) Application(s): CUP Size of property, existing zoning, and location: This site consists of 1.38 acres of land, zoned C-G, located at 1737 S. Meridian Rd. History: This site was part of a larger development that was annexed in 2004 with a DA and included as a lot in Medina Subdivision. A PBA is also in process to reconfigure the boundary of the lot. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The Applicant requests a CUP for a drive-thru pick-up window only for a 2,325 s.f. Chipotle restaurant; orders will be placed online through their app and picked up through the drive-thru. A CUP is required because the drive-thru is within 300’ of another drive-thru establishment, a residential zoning district & existing residences. The proposed development complies with the provisions of the existing DA and subsequent addendums. Access is proposed via an existing east/west right-in/right-out driveway from SH-69/S. Meridian Rd. that runs along the southern boundary of the site & provides access to the lots in Medina Subdivision. Off-street vehicle parking is proposed in excess of UDC standards for a restaurant use. Street buffer landscaping & a 10’ wide pedestrian walkway was installed along SH-69/Meridian Rd. with the subdivision improvements. Parking lot & perimeter landscaping will be installed with development of this site. Conceptual building elevations were submitted as shown for a single-story building that consists of a stucco/EIFS finish with metal canopies and accents and glazing. The trash enclosure is proposed to be constructed of smooth-face CMU and split-face CMU color matched to the building. The final design of the building is required to comply with the design standards listed in the Architectural Standards Manual. Written Testimony: \[name(s)\] - \[issue(s)\] Staff Recommendation: Approval Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0094, as presented in the staff report for the hearing date of March 16, 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- 0094, as presented during the hearing on March 16, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0094 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 March 16, 2023 Item #5: Chipotle AERIAL MAPZONING MAPFUTURE LAND USE MAP Conditional Use Permit– Site PlanLandscape Plan Conceptual Elevations Item #6: Delano Apartments AERIAL MAPZONING MAPFUTURE LAND USE MAP Conditional Use Permit– Site/Landscape Plan Common Open Space Exhibit Conceptual Elevations W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Chipotle (H-2022-0094) by ALC Architecture, located at 1737 S. Meridian Rd. Application Materials: https:Hbit.ly/H-2022-0094 A. Request: Conditional Use Permit for a drive-through establishment within 300 feet of another drive-through establishment, a residential zoning district and existing residences on 1.38 acres of land in the C-G zoning district. PUBLIC HEARING SIGN IN SHEET DATE: March 16, 2023 ITEM # ON AGENDA: 5 PROJECT NAME: Chipotle (H-2022-0094) 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 �66 6' Tim Gr,'55 op, Bgi'se X P3702 X 2 4 5 6 7 8 9 10 11 12 13 14 E IDIAN -- STAFF REPORT .►a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/16/2022 _ t L I DATE: 0 LIPr, jeai Lorca iar TO: Planning&Zoning Commission - FROM: Sonya Allen,Associate Planner ' 208-884-5533 e SUBJECT: H-2022-0094 Chipotle—CUP LOCATION: 1737 S. Meridian Rd.,in the NE 1/4 of EQ Section 24,T.3N.,R.1 W. (Parcel #R5652350045) - ,�„rr�mm� ►p PA I. PROJECT DESCRIPTION Conditional Use Permit(CUP) for a drive-through establishment within 300-feet of another drive- through establishment, a residential zoning district and existing residences on 1.38 acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 1.3 8-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 11/15/22 attendees: Page 1 History(previous approvals) AZ-04-031 (Ord.#05-1179,DA Inst.#105134293)Meridian Gateway); VAR-05- 027(access to SH-69/Meridian Rd.);MI-07-002 I"Addendum to DA(Inst. #107099630 Medina Subdivision);and MDA-13-007 2nd Addendum to DA(Inst. #2014-095963 Medina Subdivision);Preliminary Plat(PP-07-003)for Medina Subdivision);Final Plat(FP-07-013—Lot 4,Block 1,Medina Subdivision);and PBA-2022-0017(Howell Residuary Trust ROS#13573—tentatively approved and ROS is recorded but has not yet received anal approvalfirom Planning) B. Project Area Maps Future Land Use Map Aerial Map Legend Proiea- Lacaion � Pro?ec; Loco-or � IUM s _ m= F� i - ! T1111�4.1 ® d fY l dF Zoning Map Planned Development Map (fLegend 1 0 Legend - t � Prc jest Lcc-^-— J T C-Cx I Project Laeaiar CrJy u ---- i r — Flan se<d ParcEit C•G , i , y[ R1 e L: R=8 _R� RT R` R-& RUT T Ie� F;A A F; Page 2 III. APPLICANT INFORMATION A. Applicant: Jeff Likes,ALC Architecture— 1119 E. State St., Ste. 120,Eagle, ID 83616 B. Owner: Spencer Smith, Smithy Frazier, LLC—50 Henry St., Cortez, CO 81321 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 3/l/2023 Radius notification mailed to 3/16/2023 properties within 300 feet Site Posting Date 3/6/2023 Next Door posting 2/27/2023 V. STAFF ANALYSIS The Applicant requests approval of a Conditional Use Permit(CUP)to construct a 2,325 square foot (s.£)restaurant with a drive-through pick-up window for Chipotle on a 1.37-acre property in the C-G zoning district. The proposed development complies with the provisions of the existing Development Agreement (Inst. #105134293 Meridian Gateway) and subsequent addendums [MI-07-002 lst Addendum(Inst. #107099630 and MDA-13-007 2nd Addendum(Inst. #2014-095963)] for the underlying subdivision. A property boundary adjustment(PBA-2022-0017—Howell Residuary Trust ROS#13573)has been tentatively approved by the Planning Division and the Record of Survey recorded for the proposed configuration of the property but has not yet received final approval—the property owner should finalize this process prior to July 21,2023 in order for the PBA to be recognized by the City in accord with UDC 11-6B-8. A restaurant is listed as a principal permitted use in the C-G zoning district per UDC Table I1-2B-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,two other drive-through establishments exist within 300 feet of the property—Walgreen's pharmacy on the abutting lot to the north and Carl's Jr. to the south; there are also existing residences and a residential district within 300 feet of the property to the south(Elk Run Subdivision). The proposed drive-through is for pick-up orders only from their app and will not include a menu board or outdoor speakers.Any change to the proposed use will require a modification to the CUP. Page 3 Specific Use Standards: Staffs analysis is in italics. Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment.All establishments providing drive-through service are required to identify the stacking lane,menu and speaker location(if applicable),and window location on the site plan. The stacking lane and window location is depicted on the site plan; a menu board and speaker are not proposed. 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 site plan depicts queuing for 7-8 vehicles, which should be sufficient for the proposed use as a pick-up only drive-through. 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 and allows for 7-8 vehicles to stack. 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 length of the drive-through is approximately 145 feet from the point of entry to the drive- through window; therefore, an escape lane is required as depicted on the site plan. 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located on the south side of the building and is visible from SH-69/S. Meridian Rd. and from the driveway into the development adjacent to the southern boundary of the site. 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.Based on 2,325 sf., a minimum of nine (9) off-street parking spaces are required to be provided; a total of 22 spaces are provided in accord with and exceeding this standard. Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Access: Access is proposed from the existing east/west driveway via SH-69/S. Meridian Rd.that runs along the southern boundary of this site and provides access to the lots in Medina Subdivision. A variance(VAR-05-027)was approved by City Council in 2005 for this access. This driveway is required to be extended to the property to the west(Parcel#R5652350065) as a provision of the variance approval. Page 4 A right-in only access is proposed to the site from the main driveway from SH-69/S.Meridian Rd.Traffic will exit the site to the north to avoid traffic conflicts at the southeast corner of the site with vehicles turning into the development from the highway. Parking: As noted above,UDC 11-4-3-49 includes specific parking standards for restaurants(i.e. one space per 250 square feet of gross floor area),which the site plan demonstrates compliance with and actually exceeds the minimum standards. A minimum of one(1)bicycle parking space is required to be provided based on one(1) space 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 west end of the north side of the building which should accommodate a minimum of one (1) bicycle. Landscaping: Street buffer landscaping was installed within the street buffer along SH-69/S. Meridian Rd., an entryway corridor,with the Medina subdivision improvements.Note: The aerial view of the property depicted on the site plan that shows parking stalls encroaching within the street buffer is not accurate; the buffer is will remain the same and is not proposed to be modified. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B- 8C. A 5-foot wide perimeter buffer is required along the west boundary of the site,landscaped per the standards listed in UDC 11-3B-8C.1b.The plans submitted with the Certificate of Zoning Compliance application should be revised to reflect compliance with this standard.A perimeter buffer is not required along the north or south boundaries of the site as those are shared driveways with the adjacent properties. Sidewalks: A 10-foot wide sidewalk/multi-use pathway exists within the street buffer along SH-69/ S. Meridian Rd. in accord with the Pathways Master Plan and UDC 11-3H-4C.4. A pedestrian walkway is proposed from the perimeter sidewalk/pathway along SH-69/S.Meridian Rd.to the main building entrance in accord with UDC 11-3A-19B.4.Where the pathway crosses vehicular driving surfaces,it's required to be distinguished through the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4b. The site/landscape plan submitted with the Certificate of Zoning Compliance application should reflect compliance with this standard. Easements: There are existing easements on this lot as shown on the Medina subdivision plat and ROS #13573. These easements should be depicted and labeled on the plans submitted with the Certificate of Zoning Compliance application. The proposed structure shall not encroach within these easements,except as allowed in the UDC. Mechanical Equipment: All mechanical equipment on the building and outdoor service and equipment should be incorporated into the overall design of the building 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. The Applicant states that all mechanical equipment will be located on top of the roof and will be screened by parapets. Building Elevations: Conceptual building elevations were submitted as shown in Section VII.0 for a single-story building that consists of a stucco/EIFS finish with metal canopies and accents and glazing. The trash enclosure is proposed to be constructed of smooth-face CMU and split-face CMU color matched to the building as shown in Section VII.A. The proposed elevations are not approved with this application and will be reviewed with the Design Review application for consistency with the design standards listed in the Architectural Standards Manual. 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 Page 5 building permit application to ensure consistency with the conditions in Section VIII,UDC standards and design standards. VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VIII per the Findings in Section IX. Page 6 VII. EXHIBITS A. Proposed Site Plan(dated: 8/24/2022) -Revised 17 J- SF E DATA Rk VIALGREENS u urm. II I I KEY NOTES I fill Ie � w CHIPOTLE _ c° r'�'eex '�"ixr�-svx"nv vev"ir to mnn.`vm� ❑� 2,325 SF 21 PARKING SPA 5 1 �° w.vn®s��mavc erx.oc w f _ Q y �evoercm CARDS]R �••�� ` SITE PLAN dlsA�oraHve Re 4% Page 7 BIKE RAIX DEfAR �1Pm6TRNN RAMP DETAIL D�A PANIDNG DETAIL 11ADA PM NG SIGN C rmome amrecx mmr ow.unru i1Ll41 ENCLOSURE a� n5a]EWALK DEEA[L �FRONi f AUM 1TwsN ENQOSURE f1E 4MN Up�'L � d�borathre aTR0.-. W - v N2AS�H_ENCLOE SMM �aGE SUPPONIS SITE DETAILS .•p Page 8 B. Proposed Landscape Plan-Revised(dated: 3/10/22) E- NG "I -tLIT I T L' -11 -'t' "Z. T DETAI L L T�LH:�,11 gE!.H1,IT. I E 14 E T L�i4 7E�E 11 EETBE E I E E T E 1E I Er9EI'A I� L - 11 E_ L 11T T —E TREE PLANTNG DETAIL rq-'�-R-P-1-DETAIL L_T-Te I TE n I LE E TME 1:1 E I m ax I 5EN--I�R N DE51GN—1—A—CY Y—L BE 1 1 -h T T�EE' -E F —11 E I ETEE I. BE E T F -"z -4 6j&DESIGN REVIEW LANDSCAPE PLAN ........ DMME R ■ E E E— E T I T E, E El IL 'T, Page 9 C. Building Elevations(dated: 9/13/21)—Not Approved Mi CLILL Lft. Eli 0 e a m ` ELEVATIONS alebo atAre "111,+Z �- Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein [AZ-04- 031 (Ord. #05-1179,DA Inst. #105134293)Meridian Gateway); VAR-05-027(access to SH- 69/Meridian Rd.); MI-07-002 1st Addendum to DA(Inst. #107099630 Medina Subdivision); and MDA-13-007 2nd Addendum to DA(Inst. #2014-095963 Medina Subdivision)]. 2. The subject approval is for a drive-through pick-up window only and does not include a menu board or outdoor speaker for ordering; any change(s)to the approved use shall be approved through a conditional use permit modification application. 3. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. Depict and label all easements that exist on the subject lot per the recorded plat(Medina Subdivision)and Record of Survey(#13573). Any encroachments within existing easements should be permitted through the easement holder or as allowed by the UDC. b. Depict a minimum 5-foot wide perimeter buffer along the west boundary of the site, landscaped per the standards listed in UDC 11-3B-8C.A perimeter buffer is not required along the north or south boundaries of the site as those are shared driveways with the adjacent properties. c. Extend the main east/west driveway from SH-69/S. Meridian Rd. along the southern boundary of the site to the property to the west(Parcel#R5652350065)as required by City Council with approval of the variance(VAR-05-027). d. The walkway from the perimeter sidewalk/pathway along SH-69/S. Meridian Rd. 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. 4. Compliance with the standards listed in UDC 11-4-3-11 —Drive-Through Establishment and 11-4-3-49—Restaurant is required. 5. Direct access via SH-69/S. Meridian Rd. other than the right-in/right-out access located at the southeast corner of the site approved with VAR-05-027 is prohibited. 6. The property owner shall obtain final approval of the property boundary adjustment (PBA- 2022-0017 —Howell Residuary Trust ROS #13573) from the Planning Division prior to July 21, 2023 in order for the boundary adjustment to be recognized by the City. 7. All mechanical equipment on the building and outdoor service and equipment should be incorporated into the overall design of the building 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. 8. 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. 9. 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 Page 11 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 DEPARTMENT Site Specific Conditions of Approval I. Ensure no sewer services cross infiltration trenches. 2. Additional 1400 gpd committed to model. WRRF decline balance is 14.58 MGD. 3. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.) are built within the utility easement. 4. Utilities not provided in record. Applicant to provide utilities as part of future submittal for public work review. 5. Existing 8" water main located at the NW corner of the site must be extended to the southern property boundary. There is an existing easement. If the water main is not routed in the easement a new easement will be required. Water line should be located at least 5'from the edge of the existing easement if used. 6. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.) are built within the utility easement. General Conditions of Approval 7. 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. 8. 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. 9. 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. 10. 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. 11. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. Page 12 12. 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. 13. 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. 14. 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. 15. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 16. 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. 17. 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. 18. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 19. Developer shall coordinate mailbox locations with the Meridian Post Office. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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.meridiancioy.oMlpublic_works.aspx?id=272. 25. 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 Page 13 Community Development Department website. Please contact Land Development Service for more information at 887-2211. 26. 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://weblink.m eridia n c i ty.org/WebLink/Doc View.aspx?id=288131&dbid=0&rep o=Meridia n C hty D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=289642&dbid=0&repo=MeridianC hty E. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.or_lWebLinkIDocView.aspx?id=289409&dbid=0&repo=MeridianC Lty 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. Stafffinds 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. Page 14 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. 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. Stafffinds 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) Stafffinds 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 15 E IDIAN;--- Applicant Presentation Chipotle Conditional Use March 16, 2023 1737 S Meridian Road, Meridian Idaho March 16, 2023 Vacant/ Commercial1.380 AcresG-CLand UseParcel SizeZoning PROPOSED PROJECT OUTLINE March 16, 2023 March 16, 2023 LOCATIONSITE March 16, 2023 March 16, 2023 conflict with the main south drive aisle Way drive off the south entrance, to avoid -Onepick up only nature of the business.not required due to -Speaker and Order Boardthen picks at the window. pickup only. A customer orders on the app, and thru is for -The proposed drive-Thru-DriveThe seller is in process to finalize -PBASite Changes March 16, 2023 PROPOSED LANDSCAPE PLAN March 16, 2023 RENDERINGS March 16, 2023 RENDERINGS V IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Delano Apartments (H-2022-0082) by Challenger Development, Inc., located at 3850 N. Centrepoint Way Application Materials: https:Hbit.ly/H-2022-0082 A. Request: Conditional Use Permit for a multi-family development consisting of 84 dwelling units on 3.49 acres of land in the R-40 zoning district. PUBLIC HEARING SIGN IN SHEET DATE: March 16, 2023 ITEM # ON AGENDA: 6 PROJECT NAME: Delano Apartments (H-2022-0082) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name c5-1vt;t a 2 � , v Cams, 4 A-/ i 1 , �r 6 7 8 9 10 11 12 13 14 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING March 16,2023 Legend DATE: - F11 0 TO: Planning&Zoning Commission El Project Location FROM: Sonya Allen,Associate Planner �� . 208-884-5533 _ SUBJECT: H-2022-0082 Delano Apartments CUP �m®m LOCATION: 3850 N. Centrepoint Way, in the SE 1/4 of Section 32,TAN.,R.lE. (Parcel #R1798151400) I. PROJECT DESCRIPTION Conditional Use Permit for a multi-family development consisting of 84 dwelling units on 3.49 acres of land in the R-40 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 3.49-acres Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped land F Proposed Land Use(s) Multi-family development Current Zoning R-40(High Density Residential) Proposed Zoning NA Lots(#and type;bldg/common) NA Phasing plan(#of phases) One(1)phase Number of Residential Units(type 84(apartments) of units) Density(gross&net) 24.07 units/acre(gross) Open Space(acres,total[%]/ 0.65-acre(19%) buffer/qualified) Amenities Clubhouse with an office,community room,exercise facility,covered patio with a BB area,playground and 50'x 100' open space area. Physical Features(waterways, None hazards,flood plain,hillside) Page 1 Neighborhood meeting date;#of 10/19/2022 attendees: History(previous approvals) H-2019-0027(Development Agreement(Inst.#2020-131190);FP-2021-0001 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) Traffic Impact Study(yes/no) No Access(Arterial/Collectors/State Access is proposed via N. Centerpointe Way.,a collector street,at the west Hwy/Local)(Existing and boundary of the site. Proposed) Traffic Level of Service There are no current average daily traffic counts for N.Centrepointe Way,Eagle Rd. and Jasmine Ln. Stub Street/Interconnectivity/Cross A driveway is proposed to the adjacent property to the east through an existing Access cross-access easement. Existing Road Network N.Centrepoint Way exists along the west boundary of this site. Existing Arterial Sidewalks/ TIA Buffers Proposed Road Improvements None Fire Service No comments were submitted. Police Service • Distance to Police Station 4 miles • Police Response Time 3:43 minutes • Calls for Service 2,037 within a mile of the proposed development • %of calls for service split by priority Priority 3(MPD Goof is within 3 to 5 minutes) 3:44 3:43 �7 Priority 2(MPD Goal is within 8 to 10 minutes) 7:04 8:31 Priority 1(MPD Goal is within 15 to 20 minutes) 11:17 10:20 Calls for Service(CFS)occurring in RD'M724'-Total Count Z037 %of Calls for Service split by Priority %ofP3US 1.6% %of P2 US 55.6% %of PI CF5 37.7% %of PO US 5.1% • Accessibility For climate-controlled buildings,MPD requires police access into each building's entry point using a multi-technology keypad. • Specialty/resource needs None—MPD already serves this geographic area. • Crimes 206 within a mile of the proposed development • Crashes 59 within a mile of the proposed development • Other Reports NA West Ada School District • Distance(elem,ms,hs) Page 2 1 1 :11 1 1 it 1 1 1 -:NO ON !n■: ,.. i +!■lI III.1 4-■IIIIII %.• ., :-�..- ■ r - -+III!�� � --Ira: :tl ` r a�,�y •Y+ p _ L �nnmuu■3 - ON Noe Ir pllq 11111�� ffft �i■I■I f . . __ - .• mm x :No j— JZA : � �•!,IIIIII IIIIIII I I I -I j! ' � ;�'+ t� ON.gmON ON ��i1 =--r •aa �uu 'fir, •��r���i1!■!lr�:�::.Ci• f'y'1f71�IY,� ff 1- r\nnn�-\IINN m. lIu :_ LL:IS�FI�3�J 11 �y• � nm-1 p ' y■p I ■�=:■ - ON m- luunm=1r: �T-'JII' .f I; 1 �•� ■•R +w��!11!!!� - III � �,'' - - ��' Y r■....� �+ /�I( ..`III — — :. USTI .. �, — 1111IlapIIIII USTICK ' '-� -..� • 'I - 1JI-IIIIII 11tlllll,ll ■ .- � •- Yw' '--I :' - IIII(IIII III III �■ �- = - .'' �1 /� III-_III 111 IIIIII I llllli-1 (��jJ � _ y+i w . 11 Ill+��+lhlll 3-.■u■g``lgl \+ 7w r. • -.1 Illlllll aril:iil��' ___-_ -.•11-.. ^[.�9k _.._ NO r r • - • IIII �I��`���: Jam` - - r � y* �•-IIII-' I ■IIIIII , - �liiii 1 -Iiillli - a - • • • I 1I1.11w -U11111 � - • • • n■■III �luull• • nlW Ran•m I 41111111►\Gnn1I111 �� I1411111n■■■■■ ONE NON ON ry���� I+Illlllp uuuu�=q "•� ma ON .r /�lunnm■"I • ■ '• + nngll ON 11„i��'N,...I..I -= f�`� `�a■III1 i ■ '!.� t-� �ti - ■rll��F, IN NO ■■ n -- ° I-1 son IN �� n!! .1� :u r 1.11�1 G nm■■+++ ply ': � t ■III■ .nn =� -1lnl ■- - ■I - �:uu n.■■■ uu! W ���-:���1111111� `I_ - J :■lll �i . nw- ON1 nr■ . .► �:.N= ;1�n II ,null r=. f■ -■���1-�liiiii�,wmulr�'��-- - I � �� � -� �� � is nn N�;fi .�nllr r �Hann=_ •■+ll ! . '-umlll Q ■■■■ 1 ■.. !1 IIIIIIII� ! � IN ��■.II- n111�i 111111111 e 11.1 :III �� !1_ - i 11 �2� ��/^If i . ��111# 11l1■a `��1i1111■III►� UR,—- — C ■ - - -■ ku USTICII ILD - III. APPLICANT INFORMATION A. Applicant: Shari Stiles, Engineering Solutions,LLP— 1029 N. Rosario Street, Suite 100,Meridian,ID 83642 B. Owner: Open Door Rentals, LLC— 1977 E. Overland Rd., Meridian, ID 83642 C. Agent/Representative: Same as Applicant IV. NOTICING Planning&Zoning Postin Date Newspaper Notification 3/l/2023 Radius notification mailed to properties within 300 feet 3/16/2023 Public hearing notice sign posted 2/26/2023 on site Nextdoor posting 2/27/2023 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Mixed Use—Regional(MU-R) on the Future Land Use Map(FLUM). The purpose of the MU-R designation is to provide a mix of employment,retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D. The Applicant proposes a multi-family development consisting of 84 apartment units at a gross density of 24 units per acre consistent with the density desired in the MU-R designation and the conceptual development plan included in the Development Agreement.A mix of retail stores,restaurants,vertically integrated residential,multi-family residential apartments and single-family residential dwellings exist in this overall MU-R designated area. Transportation: There is a commercial collector street(N. Centrepoint Way)which runs along the west boundary of this site and stubs to the property to the north that will eventually extend to E. Wainwright Dr.No other collector streets are depicted on ACHD's Master Street Map for this site. Access to the site is proposed via N. Centrepoint Way. Page 4 COMPREHENSIVE PLAN POLICIES(https://www.meridiancitV.org/compplan): Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed multi family apartments will contribute to the variety of housing types in the City and will provide housing options in close proximity to employment, retail and restaurant uses in this MU- R designated area. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers." (2.01.01H) The proposed multi family development is located in close proximity to SH-SS/N. Eagle Rd., a major transportation corridor, and to employment centers along that corridor. Transit services are not available to serve this area. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) Buffers to adjoining uses are not required for development in the R-40 zoning district. The adjacent properties to the north and east in the City of Boise's Area of Impact boundary are designated Mixed Use; currently, a single-family home exists to the north and vacant/undeveloped property exists to the east. Multi family apartments about the site to the south (Brickyard). A collector street (Centrepoint Way)separates the property from the single-family homes in the development process to the west. The proposed site design was deemed to be appropriate with surrounding uses with the previously approved annexation and preliminary plat application. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) The proposed multi family apartments will contribute to the mix of housing types available in the City. There is currently a mix of single-family detached dwellings and multi family apartments in this area. • `Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed multi family apartments should be compatible with future uses allowed in the Mixed- Use designation to the north and east and with existing apartments to the south, which should minimize conflicts and maximize use of land. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be Page 5 provided to and though this development in accord with current City plans. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The area surrounding this site has redeveloped except for the properties to the north and east. Development of this vacant site will result in more efficient provision of public services. • "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 is required to be provided with development as proposed. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop,dine, play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed multi family development is in close proximity to employment, retail and restaurant uses, which should reduce vehicle trips and enhance livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B) Development of the subject vacant land, currently in the City limits, is encouraged over parcels on the fringe of the City. The development of this property will result in better provision of City services. VI. STAFF ANALYSIS CONDITIONAL USE PERMIT(CUP) A CUP is requested for a multi-family development consisting of 84 residential units [(36) 1-bedroom& (48)2-bedroom units] in four(4) 3-story structures on 3.49 acres of land in the R-40 zoning district. Three(3)of the structures will contain 24-units each and the fourth structure will contain 12 units. A single-story 2,446 square foot clubhouse is also proposed along with other amenities for the development. The existing Development Agreement(Inst. #2020-131190) for the larger Delano Subdivision entitled this property to develop with four(4) 3-story apartment buildings with up to 96 units per the conceptual development plan depicted on the landscape plan,as follows: UVI�a U A Li Phasing: This development is proposed to be constructed in one phase; it's the third phase of development of Delano Subdivision. The final plat for Delano has been recorded and the subdivision Page 6 required improvements have either been installed or a surety agreement has been submitted Development is currently still in the first phase. Access: Access to this development is proposed via an existing curb cut approved with the final plat from N. Centrepoint Way, a collector street, at the west boundary with secondary access at the east boundary of the site via Jasmine Lane,a private street. An access easement(Inst. #2021-118517) exists from Centrepoint Way through this property to the adjacent parcel to the east(#R4582530202)for access via Centrepoint Way,as required by the Development Agreement, since that parcel only had access via SH-55/N. Eagle Rd. Pathways:No pathways are depicted on the Pathways Master Plan for this site. A detached sidewalk was constructed with the street buffer along N. Centrepoint Way with the subdivision improvements in accord with UDC 11-3A-17. Walkways from the perimeter sidewalk along the west boundary are proposed to Building A,which fronts on Centrepoint. Pathways are proposed internally for access to each of the structures from parking areas and through common areas to amenities. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C. Staff recommends the Applicant work with the property owner of the development(Brickyard apartments)to the south to see if they'd be amenable to removing a section of the existing fence between the two properties to allow for pedestrian interconnectivity between developments as desired in mixed-use designated areas such as this.If so,the site/landscape plans should be revised accordingly. Fencing: A 6-foot tall solid vinyl fence is proposed along the north, east and south sides of the development as shown on the landscape plan. Staff clarified with the Applicant the fence depicted along the southern boundary is actually the existing fence constructed with the adjacent development to the south; double fencing is not proposed or allowed. Staff recommends the Applicant work with the property owner to the south to create a break in the fence to allow interconnectivity between developments. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: `B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. The proposed multi family structures comply with the minimum setbacks required for the R-40 zoning district listed in UDC Table 11-2A-8; however, the carports proposed along the south &east boundaries of the site do not. The south and east perimeter buffers should be widened to 12 feet to accommodate a minimum 12-foot wide building setback for the carport structures, in accord with UDC 11-4-3-27B.1. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts two (2) trash enclosures that are screened and not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. The trash enclosure should accommodate recycling. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks, and/or enclosed yards. Page 7 Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The site plan states a minimum of 80 square feet of private usable open space will be provided for each unit in the form of decks and patios as depicted on the floor plans (see Sections VITA and D). 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards per the analysis below. Based on 36 1-bedroom units and 48 2-bedroom units, a minimum of 158 off-street parking spaces are required, including guest parking,with 84 of those in a covered carport or garage. A total of 168 spaces are proposed,with 84 of those in covered carports,which exceeds the minimum standard by 10 spaces. Accessible parking is required in accord with ADA standards; a total of six(6)accessible spaces are proposed with two(2)of those being covered carport spaces. Based on 168 vehicle parking spaces, a minimum of seven(7)bicycle parking spaces shall be provided in accord with the standards listed in UDC 11-3C-5C. A total of 44 bicycle spaces are proposed in accord with and exceeding this standard with bicycle racks at each building. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The site plan states the property management office and maintenance storage area will be located in the clubhouse. Mailboxes are proposed on the outer wall of each of the two (2) trash enclosures. A directory and map are proposed to be provided at the clubhouse. The site plan and floor plans submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. C. Common Open Space Design Requirements(UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed ten(10) percent of the gross land area for multi-family developments of five(5)acres or more.Because this site is below 5 acres in size, this standard is not applicable. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: Page 8 a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.None of the units are below 500 square feet(sf.) of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area.All 84 units are between 500 and 1,200 sf.; therefore, a total of 21,000 sf. (or 0.48-acre) of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.None of the units are over 1,200 sf of living area. Per this standard, a total of 21,000 sf. (or 0.48-acre) of common open space is required. Because this site is below 5-acres in size, the baseline requirement in UDC 11-4-3-27C.1 does not apply. A total of 28,185 square feet(or 0.65-acre) of common open space is proposed consisting of a 5,000 sf central common open space area and common areas of at 20'x 20'in area as depicted on the open space exhibit in Section VIII.C. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section VIII.0 meet this requirement. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in one phase. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4-2009)Some of the common open space is located adjacent to a collector street(Centrepoint Way)—Commission approval is needed in order for these areas to qualify toward the open space requirement. The two (2) northern areas depicted on the open space exhibit aren't really recreation areas but the southern area where the pickleball court is proposed is. Therefore, if approved by the Commission,Staff recommends a berm or constructed barrier is constructed between the pickleball court and the street buffer in accord with this requirement. D. Site Development Amenities: All multi-family developments shall provide for quality of life, open space, and recreation amenities to meet the particular needs of the residents as noted in UDC 11-4-3-27D. The number of amenities shall depend on the size of the multi-family development based on the number of units. For multi-family developments with 75 units or more, such as this, four(4) amenities shall be provided with at least one(1) from each category. The following amenities are proposed from each of the following categories: 1)Quality of Life— clubhouse with fitness facility; Open Space—covered patio with BBQ and covered seating at the clubhouse; Recreation—pickleball court with internal pedestrian walkways; and,Multi-Modal— charging stations for electric vehicle. The proposed amenities meet and exceed UDC standards. E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title. Additionally, all street facing elevations shall have landscaping along their foundation that complies with the standards listed in UDC 11-4-3-27E.2. The landscape plan submitted with the Certificate of Zoning Page 9 Compliance application should depict landscaping along the street facing elevation of Building A adjacent to N. Centrepoint Way in accord with these standards. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C. Street buffer landscaping along N. Centrepoint Way, a collector street, was installed with the subdivision improvements. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features." The Applicant shall comply with this requirement;a copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations of the multi-family structures were submitted with the annexation application for Delano subdivision as shown below. The existing Development Agreement(DA)requires future development to be generally consistent with those elevations and comply with the design standards in the Architectural Standards Manual. { Jim 'ft4 While the style of the proposed elevations is not really consistent with the conceptual elevations included in the DA,they are consistent inform in that they are both 3-stories in height with balconies and patios for each unit with a variety of materials and have similar modulation. The proposed elevations have pitched roofs with architectural asphalt shingles,vertical fiber cement board and batten siding, fiber cement horizontal lap siding with stone wainscot accents. Staff is of the opinion the proposed design is preferable as it's more consistent with the style of residential structures in the surrounding area and will blend better. Therefore, Staff does not recommend a modification to the DA. Final design of all structures is required to comply with the design standards in the Architectural Standards Manual and will be reviewed for compliance with these standards with the Design Review application. Compliance with the building code requirements for separation between structures within the development is required. Public testimony has been received requesting the structures along the north and west boundaries of the site be limited to 2-stories in height to better transition to the existing single-family home to the north and future uses on that property,which is designated as Mixed-Use. Other testimony notes that the development is too dense and doesn't have enough parking to adequately serve the development. Note:Staff has not recommended changes to the development plan pertaining to number of stories and/or transition to adjacent properties as this property was entitled to develop as proposed with the Development Agreement. Page 10 VII. DECISION A. Staff: Staff recommends approval of the proposed Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. Page 11 VIII. EXHIBITS A. Proposed Site Plan(dated: 2/22/23) YICINUMAP AERIAL MAP PROJECT DIRECTORY WE DATA DEVELOPMENT DATA ONM ER PLANNER/CML LDi.faA ..... 1u1w iF,].1 ILA. 1113 L M f ILI ....I A-w.,. mxmrwn vrz,w raov«eo --_ -_��_w xu __- x TA w ° T r I III 1HEAROIRECISOFFI�� _ WCATIIT. Eaeimmmxw ni�inxr p�fc am. m .i.zwrs�teumrss xuxns r wm f ARCHITECT LANDSCAPE sfrerc{ L ¢E I utaxx v 1 s w Fl n Fl ,o rr L r T lnm uxns la®cfxnx unxcl utvxf¢,o utrs rm wcxs tx Uxk uxrs((sa.ulxns v+rmrok«w a lS[¢ _ �,TM teak wrs l x sx.x fk ' _ ."nsu.vff rmmnktf. '••• xmS.wE xvxpzWtC Ww'WEavu w4.P upfaE . ... P ••... of,NE mYtRir aGMw,xbG x. OPEN SPACE ANALYSIS m I n w sa Fl.4ix.xca�Fn=fax DELANO wo6 F I_ _. �i -- ..-.—i'-•:.: _•., — __� APARTMENTS li awslx.wcr wars. "i"w usus,,w-x uiwswss nw N.CENIREPDINT WAY _ F vm n¢u.vs nxxwn MERDLRN,IDRHC 33646/ I ��� _ �r�+ L NL�A.OrSGxEWq CauNns SW SF ]Lx SP)a a 1-1 u_ rco fm rr.� 41 tq.UIILNG a �_ PARKING ANALYSIS �cfu�uce—o: - _la BUIL EJ o. I �Ui I a—P�xG Kan�a r I _,x �xs�akagx PKx� R rt�rs�,� PROJECT AMENITIES �I , 1SITEPIAN ® AS1.0 puNxdL pttW15 5GT1AS Rr+IlIX1AF HNpES STE PLAN Page 12 B. Proposed Landscape Plan(date: 2/27/2023) _ OI PLANTER GUT ESED ED6E 1 ' WMI 3 I II i ENSENBELTS I r ^uaxc�nava.mrwwxu, ..wa n.n SHRUB I,^, �� O B PLANTING I l l Z 1 - W z o a `J ¢ c u PLANT PALETTE Q < UT ®TREE PLANTINGlSTAKIN6 < U Lu ewm.mrovn r�rwn xrr.wrn viuw.e.rr�, �we.e oiunac'o wx sz r.aawm o.a cxaxre,�swe swow„ecrb s M':i3M'viaa. TT— lot zv r+m.ve cnNnrae nY�5.,Fr6cat rura[cr sWe.e ocvwenagvsmxriiv�m-ms ia.,nwsrur ee urmm.o.cweeo��vrivrin.� wa r'vr - r.w.�.nw moo.�..ff roff �. mrn rxas. acw.on..re .^eCOiVCEPT SITE DATA cs..nr �w arnsw,urcx c�sn,e LANDSCAPE PLAN ea.ra wrsvm nccn rscsm.�s srsw,s�wcuws zw ��,�� a..o .ok v— -,m. 4 6'SOLID VINYL PRIVACY FENCE v�H®ur'e x xmna ,m%.r>xrxce rw.mww,rgan• s u`-"i L1 Page 13 C. Qualified Open Space Exhibit(dated: 2/27/23) TA10 THEARENIfE(i50FFIa9 OPEN SPACE ANALYSIS — M 7.MIN � �x 1) ELAN0 T I L I Ewc-I I Tu W uslEx Ilm.x jOFS AID A P A R T M E N T S ILI E T I I -_ „E F -� 2 ) -� d" EIE. . 250 SF I, R IIfA05F _ h T c.:,r.E F............._....._....._...EE.iss s.T. N.CENRIEPoINT WAY ��oh�c n couMon MERIDUJJ,1D0.H0 03646 f L - rTM, Ivy i I .1�� r L, 'tip. ciueeouss NU BUILDING euUI Mc mFl _ I I� ��r�� ]. I �� BUI`LiiMGB���'& �� I� i� a,�,`°;•�•end°�... - x.Ts I I I - �_-' V� II�.� -I—.:r�•_1-L-� V 1siL. 1OPEN SPACE EXHIBIT ® AS1'1 OPEN SPACE EXHIBE Page 14 D. Conceptual Building Elevations &Floor Plans for Multi-Family Structures &Clubhouse (dated: 2/27/23 &4/14/22) TA10 __j -------- ------ iHEARCEETorFIEEs; m m m m m m m m m m m m BUILDING TYPE 1 FRONT ELEVATION DELANO A P A R T M E N T S N_CEWMEPDINT WAY MERIDIAN,ICAHO 83645 m m m m ar. ssm� m m w m m m BUILDING TYPE 2 FRONT ELEVATION m E-3 o m m E:I o m m o m ■ ® ® ■ ■ ® ® ■ �AA5A TYPICAL SIDE ELEVATION TYPICAL SIDE ELEVATION , BUILDING ELEVATIONS Page 15 TAM TNEA10IM MOFFILFR Y I I -...........,. LA Y Y n 5 EA €_a"-- DELANO APARTMENTS ulni�ur,la�c 1 � BUILDING TTPE 1 FIRST FLOOR PLAN I �pQy v � SD2.2 BINLOINO PPE 2 FIRST FLOOR PLAN TA02 TOEAROIRELIS OFF IGEA DELANO APARTMENTS � a 0 UNIT TYPE 1.1 UNIT TYPE 2.2 FLOOR PLAN - 2 FLOOR PLAN SD2.3 Inrt vwxs Page 16 TAM THEAMUKISOFFIEE9 ©V J0 tg� BUILDING SECTION mIIDIN6 SECTION DELANO APARIIIEIIS a� ® L27 � m � rAiuouw.Daxo "3 BUILDING SECTION N -- SNDIIIRIO NECIIOR 6BUILOING SECTION 302.6 BUILDING SECTION BUILDING SECTION - TAM THEARIINMOOFFIV IT] Ell El 0 ❑ � -� NORM FIL"AnoN DELANO ❑ ----- p. APARrEEM INNWI.LWp 3NIEBEELENAnBN _e mRII EL"AnON �S02.7 .".FmrL"A"m ...•. IYILNLN ACfYAI Page 17 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The developer shall comply with all previous conditions of approval for this property [H-2019-0027 (Development Agreement(Inst. #2020-131190);FP-2021-00011. 2. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 3. Submit floor plans demonstrating compliance with the minimum private usable open space standard of eighty(80) square feet for each unit in accord with UDC 11-4-3-27B.3 with the Certificate of Zoning Compliance application. 4. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 5. Comply with building code requirements for separation between structures within the development. 6. The Applicant should work with the property owner of the development(Brickyard apartments)to the south to see if they'd be amenable to removing a section of the existing fence between the two properties to allow for pedestrian interconnectivity between developments as desired in mixed use designated areas such as this. If so,the site/landscape plans should be revised accordingly. 7. Provide a minimum of 0.65-acre of qualified open space as shown in the open space exhibit in Section VIII.0 that complies with the standards listed in UDC 11-4-3-27C. 8. Site amenities shall be provided from each of the following categories: 1)Quality of Life— clubhouse with fitness facility; Open Space—covered patio with BBQ and covered seating at the clubhouse; Recreation—pickleball court with internal pedestrian walkways; and,Multi-Modal— charging stations for electric vehicles,in accord with UDC 11-4-3-27D. Other comparable amenities may be considered by the Director. 9. The trash enclosures shall accommodate recycling. 10. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the 6-foot tall solid final fence along the southern boundary of the site as"existing" fencing.Double fencing is not allowed. b. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. c. Depict landscaping along the foundation of the street facing elevation of Building A adjacent to N. Centrepoint Way as set forth in UDC 11-4-3-2 7E.2. d. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-12C. e. Widen the perimeter buffers along the south and east boundaries of the site to 12 feet to accommodate a minimum 12-foot wide building setback for the carport structures,in accord with UDC 11-4-3-2 7B.1. f. Depict the location of electric charging stations for electric vehicles. Page 18 g. Common open space areas shall not be adjacent to collector or arterial street buffers unless approved by the Commission. If approved,the common area on the southwest portion of the site where the pickleball court is located shall be separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access in accord with UDC 11-4-3-27C.7. 11. 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 and the design standards listed in the Architectural Standards Manual. 12. 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 1. Site Specific Conditions of Approval 1.1 Ensure no sewer services cross infiltration trenches. 1.2 Additional 9109 gpd committed to model. WRRF decline balance is 14.56 MGD 1.3 Must provide to and through to R4582530202 and R4582530100. 1.4 Sewer and water running in parallel require 30ft easement. 1.5 Sewer must be at least 1 Oft from edge of easement. 1.6 Carports and other permanent structures(trees,bushes,buildings,trash receptacle walls, fences, infiltration trenches, light poles,etc.) cannot be built within the utility easement. 1.7 Project is consistent with the Master Plan. 1.8 Fire flow modeled at 1500 gpm. If more flow is needed contact Public Works to Discuss. 1.9 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.) are built within the utility easement. 1.10 Streetlights are existing for this project. 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. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, Page 19 which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.15 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 20 2.17 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridianciU.oMIpublic_works.aspx?id=272. 2.19 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT https://weblink.meridianciU.oLgzl ebLinkIDocView.aspx?id=286934&dbid=0&repo=MeridianCiU&cr =1 E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.orglWebLink/Doc View.aspx?id=288839&dbid=0&repo=MeridianCity F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=287361&dbid=0&repo=MeridianCiiy G. SETTLER'S IRRIGATION DISTRICT(SID) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=287325&dbid=0&repo=MeridianCity H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=290485&dbid=0&repo=MeridianCity I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.oLvlWebLinkIDocView.aspx?id=290645&dbid=0&repo=MeridianCiiy J. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.org/WebLinkIDocView.aspx?id=288120&dbid=0&repo=MeridianCiU Page 21 X. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 zoning district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Stafffinds that the proposed use is consistent with the future land use map designation ofMU-R and is allowed as a conditional use in UDC Table 11-2A-2 in the R-40 zoning district. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for and existing in this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. Staff finds that essential public services are available to this property and that the use will be adequately served by these facilities;see comments in Section IX from WASD. Page 22 E IDIAN;--- Applicant Presentation DELANO APARTMENTS March 16, 2023PUBLIC HEARING MERIDIAN PLANNING & ZONING COMMISSIONCONDITIONAL USE APPLICATION Vicinity Map Aerial Map Delano Apartments Site Plan Delano Apartments Elevations Delano Apartments Clubhouse Elevations Delano Apartments Clubhouse Elevations Delano Clubhouse Floor Plan Amenities Pickleball Court in Open Space AreaOutdoor Kitchen/BBQ and PatioArea, Community Gathering Area, Central Clubhouse Area with Fitness Private Decks/Balconies for Each Unit(18.6%)Total Qualified Open Space of 0.65 acre DELANO APARTMENTS Utility Plan– DELANO APARTMENTS Landscape Plan– Delano Subdivision Recorded Plat Delano Subdivision Recorded Plat DELANO APARTMENTS Landscape Plan–