The URL can be used to link to this page

Home My WebLink About2023-08-03 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, August 03, 2023 at 6:00 PM MINUTES PRESENT Commissioner Nathan Wheeler Commissioner Maria Lorcher Commissioner Patrick Grace Commissioner Mandi Stoddard ABSENT Commissioner Enrique Rivera Commissioner Jared Smith Commissioner Andrew Seal ADOPTION OF AGENDA Adopted Motion to approve made by Commissioner Grace, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Stoddard CONSENT AGENDA \[Action Item\] Approved 1. Approve Minutes of the July 20, 2023 Planning and Zoning Commission Meeting 2. Findings of Facts, Conclusions of Law for the Conditional Use Permit for Jump Creek South Apartments, located at the N.W. corner of N. Black Cat Rd. and W. McMillan Rd, by Kent Brown Planning Services 3. Findings of Facts, Conclusions of Law for the Conditional Use Permit for Stapleton Apartments, located at the N.W. corner of S. Meridian Rd. and W Harris St. by the Architects Office, PLLC. Motion to approve made by Commissioner Grace, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Stoddard ACTION ITEMS 4. Public Hearing for The Base Jiu Jitsu at Hickory (H-2023-0032) by The Base Jiu Jitsu, located at 2640 E. State Ave., STE 110 Approved A. Request: Conditional Use Permit for Suite 110 to include a 2,950 square- foot indoor recreation facility (martial arts studio) on 1.325 acres of land in the I-L zoning district. Motion to approve made by Commissioner Grace, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Stoddard 5. Public Hearing for New Horizon Academy (H-2023-0034) by CASCO, located at 2918 S. Meridian Rd. Approved A. Request: Conditional Use Permit for a one-story 10,000 square foot daycare for New Horizon Academy on 1.22 acres of land in the C-G zoning district. Motion to approve made by Commissioner Grace, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Stoddard ADJOURNMENT 6:36 P.M. --------------------------------------------------------------------------------------------------------------------- To view upcoming Public Hearing Notices, visit https://apps.meridiancity.org/phnotices --------------------------------------------------------------------------------------------------------------------- Meridian Planning and Zoning Meeting August 3, 2023. Meeting of the Meridian Planning and Zoning Commission of August 3, 2023, was called to order at 6:00 p.m. by Vice-Chairman Maria Lorcher. Members Present: Commissioner Maria Lorcher, Commissioner Nate Wheeler, Commissioner Patrick Grace and Commissioner Mandi Stoddard. Members Absent: Chairman Andrew Seal, Commissioner Jared Smith and Commissioner Enrique Rivera. Others Present: Joy Hall, Kurt Starman, Bill Parsons, Stacy Hersh, Linda Ritter and Dean Willis. ROLL-CALL ATTENDANCE X_ Nate Wheeler X Maria Lorcher X_ Mandi Stoddard X Patrick Grace Enrique Rivera Jared Smith Andrew Seal - Chairman Lorcher: Good evening. Welcome to the Planning and Zoning Committee meeting for August 3rd, 2023. At this time I would like to call the meeting to order. The Commissioners who are present for this evening's meeting are in City Hall and Zoom. We also have staff from the city attorney's office and the city clerk's office, as well as the city planning department. If you are joining us on Zoom this evening we can see that you are here. You may observe the meeting, however, your ability to been seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take questions until testimony portion. If you have process questions during the meeting, please, e-mail cityclerk@meridiancity.org and they will reply as quickly as possible. If you simply want to watch the meeting we encourage you to watch the streaming on the city's YouTube channel. You can access it at meridiancity.org/live. With that let's begin with roll call. Madam Clerk. ADOPTION OF AGENDA Lorcher: Okay. The first item on the agenda is the adoption of the agenda and for tonight's meeting we have no modification. Can I get a motion to adopt tonight's agenda? Grace: So moved. Stoddard: So moved. Second. Wheeler: Second. Meridian Planning&Zoning Commission August 3,2023 Page 2 of 15 Lorcher: It's been moved and seconded to adopt the agenda. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the July 20, 2023 Planning and Zoning Commission Meeting 2. Findings of Facts, Conclusions of Law for the Conditional Use Permit for Jump Creek South Apartments, located at the N.W. corner of N. Black Cat Rd. and W. McMillan Rd, by Kent Brown Planning Services 3. Findings of Facts, Conclusions of Law for the Conditional Use Permit for Stapleton Apartments, located at the N.W. corner of S. Meridian Rd. and W Harris St. by the Architects Office, PLLC. Lorcher: The next item on the agenda is the Consent Agenda and we have three items on the Consent Agenda. To approve the minutes of July 20, 2023, Planning and Zoning meeting. Facts and Findings for conditional use permit for Jump Street South Apartments. And Facts and Findings for a conditional use permit for Stapleton -- Stapleton Apartments. Could I get a motion to accept the Consent Agenda as presented? Grave: So moved. Wheeler: Second. Lorcher: It has been moved and seconded to adopt the Consent Agenda. All in favor, please, say aye. Any opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Lorcher: At this time I would like -- briefly like to explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to the Comprehensive Plan and the Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. After the applicant has finished we will open the floor to public testimony. Each person will be called only once during public testimony. The Clerk will call the names individually of those who signed up on our website in advance to testify. You will, then, be unmuted on 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 Meridian Planning&Zoning Commission August 3,2023 Page 3 of 15 be displayed on the screen and our clerk will run the presentation. If you have established that you are speaking on behalf of a larger group, like an HOA, where others from that group allow you to speak on their behalf you will have up to ten minutes. After all those who have signed up in advance have spoken we will invite any others who wish -- who may wish to testify. If you wish to speak on a topic you may raise your -- you may come forward in Chambers or on Zoom you can press the raise hand button on the Zoom app or if you are listening on a phone please press star nine and wait for your name to be called. If you are listening on multiple devices, such as a computer and a phone, please, be sure to mute those extra devices so we don't experience feedback and we can hear you clearly. When you are finished if the Commission does not have any questions for you you will return to your seat in Chambers or be muted on Zoom and no longer have the ability to speak. And, please, remember we will not call on you a second time. After all testimony -- after all the testimony has been heard the applicant will be given another ten minutes to come back and respond. When the applicant has finished responding to the questions and concerns we will close the public hearing and the Commissioners will have an opportunity to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 4. Public Hearing for The Base Jiu Jitsu at Hickory (H-2023-0032) by The Base Jiu Jitsu, located at 2640 E. State Ave., STE 110 A. Request: Conditional Use Permit for Suite 110 to include a 2,950 square foot indoor recreation facility (martial arts studio) on 1.325 acres of land in the I-L zoning district. Lorcher: So, at this time I would like to open the public hearing for the Base Jiu Jitsu at Hickory, File No. H-2023-0032, and we will begin with the staff report. Ritter: Good evening, Chair and Commissioners. I'm Linda Ritter, associate planner. Tonight I bring before you a conditional use permit request to operate an indoor recreation facility, Martial Art Studio, from Suite 110. That's 2,950 square feet in the existing 23,000 square foot flex building located at 2640 East State Avenue. This consists of 1.324 acres of land. It's zoned I-L, so as--as discussed in the staff report in Section Five the proposed martial arts studio is considered an appropriate use and meets the development guidelines listed in the mixed use nonresidential designation. The use is consistent with the planned unit development approved in 1991 for Gem Stone, Inc., which approved a mix of commercial and light industrial uses in the I-L zoning district. This use is proposed to be contained within the existing building with no exterior modified -- modifications proposed. The applicant submitted a site plan showing the tenant space for the martial art studio, as you can see on the slide here. Based on the proposed tenant space of approximately 2,950 square feet of gross floor area, a minimum of three off-street parking spaces are required, with a total of eight parking spaces being allocated to Suite 110. The building and other site improvements that are existing include the off-street parking for the entire flex building according to the submitted site plan, showing the existing site Meridian Planning&Zoning Commission August 3,2023 Page 4 of 15 conditions. A total of 49 parking spaces are provided exceeding the UDC standards. So, based on the eight parking spaces provided for this use a minimum of one bicycle parking -- parking space is required to be provided and that bicycle parking facility was already provided at the time of the CZC submittal and submitted plans depicted the bike racks located on the west side of the flex building and as far as landscaping, a ten foot wide street buffer was required to be provided along East State Avenue, a local street, and a 20 foot wide street buffer was required along North Hickory Avenue, a collector street. The landscape was installed per the standards listed in UDC 11-3B-7C and the parking lot was required to meet the standards of the UDC 11-3B-8C. All the required landscaping have been proposed and approved with previous approval. It's all installed and staff has approved the -- has signed off on the final for the building itself and the improvements that were required. So, there was no written testimony for this application and so at this time staff is asking for approval with the conditions listed in the staff report. Lorcher: Okay. Thank you very much. Would the applicant like to come forward? Please state your name and address for the record. Buttars: It's Ben Buttars, 18250 Arch Haven Way, Nampa, Idaho. 83687. Lorcher: So, do you have any other additions to the staff report that you would like to kind of share? Buttars: Not really. I mean we have been around for a really long time. We have been around for over 20 years and now we are looking for a new spot and this seemed like the best place for us. It's actually where I grew up. So, it's going to be kind of cool to bring martial arts to the area where I grew up, so -- Lorcher: Okay. Buttars: Yeah. That's it. Lorcher: Commissioners, do we have any questions for the applicant or staff? Grace: Madam Chair? Good evening. Do you know what else is planned for the -- the other spaces in that building? Buttars: There is one. Our neighbor is like a virtual gym. So, like they have little office spaces kind of that people go and workout in with the virtual reality headsets on and, then, I think there is a canine rehabilitation facility for like physical therapy for -- for dogs. I'm not a hundred percent sure what the other two or three are. I'm not a hundred percent sure. Those are the only two I know. Grace: Quick follow up. As I understand that, I think there is also -- is there a pickleball court that's pretty close by or about to become big? Buttars: So, I want to say it's like a block away somewhere. Yeah. Meridian Planning&Zoning Commission August 3,2023 Page 5 of 15 Grace: Okay. And that's another indoor recreational facility? Buttars: I believe so. I'm not a hundred percent sure of their -- I'm not -- I don't know. I heard the name. I know that it's -- I don't know how close it is to this location. But I have heard that it's coming somewhere in Meridian. Grace: Okay. Thank you. Buttars: You're welcome. Lorcher: Commissioners any other questions for staff or applicant? Madam Clerk, there is no public testimony? Hall: There is not online or signed up. Lorcher: And you have kind of said what you need, so I will take a motion to close the public hearing. Grace: So moved. Stoddard: So moved. Wheeler: Second. Lorcher: It has been moved and seconded to close the public hearing. All those in favor, please, say aye. Any opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Lorcher: Commissioners, do you have any comments? Wheeler: This is Commissioner Wheeler and I don't have any comments. It seems like a pretty straightforward project with good support from the staff and the way that complies with zoning and -- and parking and everything else. So, this has my support. Lorcher: Okay. Thank you. Stoddard: I agree with Commissioner Wheeler. I have no comments either. And I'm in support of it as well. Lorcher: Okay. Thank you. Grace: So, Madam Chair, I was trying to wait so I wouldn't talk over myself and Commissioners. So, I appreciate them jumping in. Yeah. I agree. I -- I saw there was a comment on the -- in the staff report that there were two indoor facilities -- recreational facilities, so -- which staff did not indicate they were against, just simply noted that and so Meridian Planning&Zoning Commission August 3,2023 Page 6 of 15 that's why I asked the question. But, no, I think -- I think this is a great activity. I think it's a good fit for this area. So, I agree it's pretty straightforward in my mind. Lorcher: Okay. I will take a motion if anybody has one. Grace: I can attempt to make one, Madam Chair. So, Madam Chair, after considering all staff, applicant, and public testimony I move to approve File No. H-2023--032 as presented in the staff report for the hearing date of August 3rd, 2023, with no modifications. Wheeler: Second. Lorcher: All those in favor say aye. Aye. Any opposed? All right. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. 5. Public Hearing for New Horizon Academy (H-2023-0034) by CASCO, located at 2918 S. Meridian Rd. A. Request: Conditional Use Permit for a one-story 10,000 square foot daycare for New Horizon Academy on 1.22 acres of land in the C-G zoning district. Lorcher: All right. The next item we will open for public hearing is New Horizon Academy, application 2023-0034, and we will start with a staff report. Hersh: Good evening, Mrs. Chair and Commissioners. The applicant has submitted a conditional use permit for New Horizon Academy, which is for a daycare. The property consists of 1 .22 acres of land, currently zoned C-G, located at 2918 South Meridian Road. History on the property is an MDA, a preliminary -- preliminary plat and final plat approvals. The Comprehensive Plan FLUM designation is commercial. Summary of the request is a 10,759 square foot daycare center is proposed, which is designed to accommodate a maximum of 159 children and 21 staff members. A daycare center requires a conditional use permit in the C-G zoning district as set forth in UDC table and is subject to the specific use standards listed in the UDC. Childcare and early education is proposed to be provided for children ages six to pre-K, which is four years old. The applicant has not provided on the proposal -- or has not provided information on the proposed curriculum with this application. The proposed conceptual site plan approved with the development agreement shows a parking lot designated for this lot -- particular Lot 2, Block 1, in Victory Commons Subdivision One. Staff believes that a modification to the development agreement is not necessary to allow the daycare, as the applicant is providing a parking lot consistent with the plan and upgrading the pad site to include a building structure, rather than merely using asphalt on the entire pad site. Staff finds these additions to be consistent with the updated conceptual development plan and uses -- uses approved with -- with that application. Access currently is a right-in, right- out Meridian Planning&Zoning Commission August 3,2023 Page 7 of 15 driveway. Access is proposed to be at South Meridian Road at the northwest corner of the site as shown on the site plan and landscape plans consistent with the approved with the subdivision. The site plan illustrates a drive aisle running through the site ensuring - - ensuring smooth site circulation and easy access for drop-off and pick-up. This area is separate from the main drive aisle area for the development. Off-street parking is required to be provided in accordance with the UDC standards for nonresidential uses, which requires one space for every 500 square feet of gross -- gross floor area and based on the 10,759 square feet a minimum of 22 spaces are required. A total of 35 spaces are proposed, including two ADA compliant spaces. Although the proposed parking exceeds the minimum standards by 13 and the number of staff members on site at any time -- one time will likely fluctuate, staff is concerned that if the facility is at full capacity and up to 21 staff members on site at any one time there may not be adequate parking or pick-up or drop-off area for the proposed use. Shared parking is established in the Victory Commons development. The applicant has provided the written documentation to ensure there is adequate parking at drop-off and pick-up times. Additionally, the parking stall should contain wheel stops to prevent vehicle -- vehicle overhang in accordance with the UDC or the buffer along the west boundary of the site next to the parking stalls and the sidewalk next to the building should be widened to a minimum of seven feet to allow for two feet of vehicle overhang in accordance with the UDC. Parking stalls may be reduced to 17 feet in length or wheel -- wheel stops may be provided in parking spaces to prevent vehicle overhang. Drop-off times usually span from three hours, starting at 6:30 a.m. and ending at 9:30 a.m. Pick-up times also tend to extend it from 4:00 to 6:00 p.m. The applicant is proposing two fence playgrounds with this application. The fence is proposed around the building. However, no details of the fence are provided on the plans submitted. The fence should be a nonscalable, a minimum of six feet tall, and providing screening of the play area. Staff recommends that the applicant provide a detail on the proposed -- proposed fencing with the plans submitted with the future certificate of zoning compliance application. Parking lot landscaping is required to be provided in accordance with the UDC standards as shown. A 25 foot wide landscape buffer is required to be provided adjacent to the residential uses in the C-G -- uses in the C-G zoning district per the UDC table. Landscaping is required to be installed within the buffer in accordance with the UDC standards. There is an existing residential use situated to the east. Additionally there is an existing 35 foot irrigation easement along the Kennedy -- Kennedy Lateral to address the typographical variations and adhere to the required 25 foot landscape buffer adjacent to residential uses. A rock retaining wall is proposed along the lateral. The submitted landscape plan appears to be in compliance with the standards. Street buffer landscaping along South Meridian Road was completed with Phase One subdivision improvements. Conceptual building elevations were submitted for a single story building as shown, incorporating a mix of materials, consisting of Hardie fiber cement lap siding, vintage wood architectural wall panel, with stone -- cultured stone -- stone cultured stone accents. And metal roofing and solar panels, which I thought was kind of neat. Final design is required to incorporate some -- some of the same similar design elements and materials as those within the development agreement and shall comply with the design standards listed in -- listed in the architectural standards manual. There is no written testimony and staff does recommend approval of the proposed Meridian Planning&Zoning Commission August 3,2023 Page 8 of 15 conditional use permit with the conditions listed in the staff report. And that concludes staff's presentation and I stand for any questions. Lorcher: Would the applicant like to come forward? Hi. Please state your name and address for the record. Wakagawa: Cammra Wakagawa. 12619 West Horsham, Boise. 83709. Lorcher: Okay. Wakagawa: All I would say is that we have five other schools in the valley. Only one in Meridian. Four in Boise. And there is a great need for child care and that's why we want to expand. We have wait lists a mile long at the other schools. So, this would really help the community. Lorcher: Commissioners, do you have any questions for the applicant? Grace: Madam Chair, I have a couple. Lorcher: Commissioner Grace. Grace: Hi, Cammra. So, what is -- what exactly is the Victory Commons development? If you are -- it sounds like you might be sharing some parking potentially. Wakagawa: Well, there is several businesses around there. There is the tattoo place. The paint store. They are all kind of around where we are going to be. Is that -- Grace: Okay. Yeah. I just -- you know, what jumps out at me is I -- the drop-off and pick- up I --you know, you just want to make sure that's safe. It does sound like you have more than the required parking. But there was a comment about if full staff is there that there is the potential that this could be overflow into that area. So, I was just trying to get some more information on that. Wakagawa: Right. I don't -- and the other schools -- there is a number of staff that don't drive, ride their bikes, take the bus or whatever. None of our other parking lots are ever all the way full even at drop-off and pick-up time, so I don't really foresee it being a problem, because this parking lot is actually better than some of our others. Grace: Okay. And, then, yeah, just one more, Madam Chair. The -- what's your -- guess what's your fencing concept? It said that the staff was recommending that the applicant provide more detail on that. I was wondering if you could just share with us tonight what you are thinking. Wakagawa: I don't know what we are doing. Lorcher: Got to come up. And, please, state your name and address for the record. Meridian Planning&Zoning Commission August 3,2023 Page 9 of 15 Murphy: Jake Murphy. 10914 West Harney Street, Boise, Idaho. 83709. Lorcher: Thanks. So, the fencing you were saying -- Murphy: It will be a minimum six feet and we can provide a detail dimensioning the height in our CZC application. Grace: Okay. Lorcher: I do have a question for you. My children went to the Meridian location and so that's a standalone, so your parking lot wasn't really sharing with other locations -- or with other businesses per se. The other location that you have in Boise, do you have shared parking lots in other businesses -- at your other locations? Wakagawa: We do. There is one in the Salvation Army on Emerald and Mitchell that we share with Salvation Army. The rest of them know they are stand -- they are standalone. But anything's better than the parking lot you went to at Meridian New Horizon. That one was -- it's still crazy. So -- Lorcher: We managed. Wakagawa: Yes. Lorcher: Commissioners, do you have any questions? Wheeler: Madam Chair? Lorcher: Yes. Wheeler: This is Commissioner Wheeler. I have a question here. I know that some of the things that we have done before with like -- when there might be a little more traffic, specifically like with drive-through restaurants or things like that, we have asked if there is any way to show some striping or dedication for crosswalks, you know, pedestrian traffic in order to minimize that. I know that you -- you want to keep your patrons coming in safe, but, you know, sometimes demarcations on the road, whether it be -- or on the -- on the pavement showing, you know, a crosswalk or crossing angles or things like that that you see in front of supermarkets or other drive-through conveniences, are you -- are you planning to put something like that down, so there is -- so, there is some sort of noticeable spot when people are dropping off? Murphy: We had not planned that, but that's certainly something we can add. Also say that there is going to be ADA path connectivity from the development to the future development to the southeast all the way up north to the existing adjacent -- I think it's called Tattooed -- I think the clothing and tattoo parlor. Kind of a strange mix. But, anyway, there is an ADA path that runs along there. It will run through our site. It will Meridian Planning&Zoning Commission August 3,2023 Page 10 of 15 connect to the sidewalk at the urgent care and, then, also connect to the sidewalk on Meridian Road. Wheeler: Okay. That sounds --that's good. I'm just -- I mean even like, you know, coffee shops and other drive-throughs will even just put up signs like, you know, watch out or exit here or just things like this, you know, just in order to make sure that there is a visual, because there are distractions, unfortunately, even on drop-offs like this and just want to have some sort of clear markings on your pavement that -- that this is where -- on the parking lot that shows this is where there is going to be crossings or drop-offs or something along those lines, sandwich board signs, you know, things like that. I just -- know that you are a professional, you have done multiple sites in this valley, you are well known, but I would just want to encourage that, that just seems to be something that as a Planning and Zoning Commission we have been kind of trending towards. Lorcher: Commissioner Wheeler, also when it comes to daycare drop-off is really a wrong term, because the kids aren't let out of the car and they walk by themselves. Parents have to walk them in and sign them in and sign them out. Wheeler: Okay. So, either way, though, we have pedestrian traffic in front of the -- in front of the building. Lorcher: Correct. Wheeler: And so just being able to mark that -- Murphy: We will certainly look into that. Wheeler: Okay. Thank you. Lorcher: I also notice you are only going to do six weeks to pre-K, so you are not doing any kindergarten or after school care. Wakagawa: We are eliminating school age children after next year. Lorcher: All of them? Wakagawa: Yeah. It's going to be hard to find it anywhere. Lorcher: Wow. Okay. I'm glad I had my kids in there when I did. It's been 20 years, by the way, but -- okay. Commissioners, any other questions for the applicant? Grace: Madam Chair, I just had a really easy one. Did I hear you say telecare at the very end? Wakagawa: No. Grace: Okay. Meridian Planning&Zoning Commission August 3,2023 Page 11 of 15 Wakagawa: No. Grace: All right. I misheard that and I -- obviously I was thinking what is that? Wakagawa: I don't know how that would work with children. Not really. Lorcher: They used to have kindergarten and elementary school age, so they-- their bus would come and pick up the kids and, then, bring them there afterwards. But she's saying that the -- after this year it's going to be eliminated. Wakagawa: Yeah. Meridian still does that and they will do that through the end of next summer, but, then, after that none of the New Horizons will offer after school care or before school care. Lorcher: So they are only going to have six weeks through four? Wakagawa: Yeah. Once they are ready to hit kindergarten they will be on their way. Grace: Okay. I heard you are wrong, which makes me feel better. Lorcher: Commissioners, any other questions for staff or applicant? Stoddard: I have no questions. Wheeler: I'm fine. Lorcher: Okay. Thank you very much. Wakagawa: Thank you. Murphy: Thank you. Lorcher: Madam Clerk, is there anybody else signed -- or anybody signed up for public testimony? Hall: Madam Chair, there is not. Lorcher: All right. May I have a motion to close the public hearing? Stoddard: So moved. Wheeler: Second. Lorcher: It has been moved and seconded to close the public hearing. All those in favor say aye. Any opposed? All right. Motion carries. Meridian Planning&Zoning Commission August 3,2023 Page 12 of 15 MOTION CARRIED: FOUR AYES. THREE ABSENT. Lorcher: Commissioners, any comments? Grace: Madam Chair, no, I -- we definitely need more daycare services and that area is growing. So, I like what I heard. Lorcher: Commissioners? Wheeler: Madam Chair? Lorcher: Commissioner Wheeler. Wheeler: Yeah. I mean they have been around for a long time. They have a lot of spots here and like you are saying your experience with them has been good and with the zoning and everything else I'm in support of this project. Lorcher: Very good. On a personal note I did send my children there. You actually saved me. I was a recent widow with a three year old and a four year old and, you know, you helped me raise my children until they got to kindergarten and I will be forever grateful. The teachers that you had there actually still have a presence in my children's lives. So, at Meridian there was Ms. Linda. I don't know if you remember her. Bernhardt. We still send birthday cards and Christmas cards and that was over 20 years ago and she was absolutely lovely. So, I appreciate what you do for our community and I hope other parents will be able to have some of the same lovely memories that my children did. My girls are 23 and 21 right now, so I'm aging myself big time there. Okay. Can I get a motion? Grace: Madam Chair, I'm happy to give a motion. I didn't know if Commissioner Wheeler wanted to add any other conditions on --on the motion, so I would maybe ask if he wanted to do that before I made a motion. Wheeler: Madam Chair? Lorcher: Commissioner Wheeler. Wheeler: Yes, Mr. Grace, I would. I could. It's just always easier for the people there in front, just because you have the paperwork there to -- to make that motion accurate. If you feel comfortable, the only thing I would like to be added -- but it's your motion. But the only thing that I was thinking of is just to have some -- some sort of demarcation or marking that shows the pedestrian traffic from the parking lot to the -- to the entry. That would be the only thing I would just want to add in. But it's your motion, so if you don't want to that's fine. Meridian Planning&Zoning Commission August 3,2023 Page 13 of 15 Lorcher: Staff, do we have any requirements for occupancy with any kind of crosswalk requirements at all or would this be in the -- in the permitting process here? Hersh: Mrs. Chair, Commissioners, so for this project the sidewalk is connected around the building and is leading to the daycare -- or I mean leading to the Urgent Care to the north. Within the parking lot there isn't a requirement for pedestrian connection necessarily, but they could use the -- like he said there was ADA -- an ADA pathway. They could mark something through the parking lot. I don't know if it would take up a parking stall. There technically isn't anything in the UDC code that is requiring it, but they could stripe the parking lot for -- to make it more clear with arrows for traffic -- guiding traffic. Starman: Madam Chair, to add a thought. So, I would echo everything that Stacy just said and also say that as a conditional use permit you certainly can add a condition relative to striping or signage or things. So, you have that ability as the Planning and Zoning Commission. This is a CUP. The conundrum I see is we don't have -- we don't have the specifics about what we are asking for. So, it's a little difficult to condition it without knowing exactly what we are conditioning -- what the condition is. So, you can talk more about that perhaps or maybe staff has some ideas for you on that. The planning staff. Another way to do it -- I would defer to the Commissioners and Commissioner Wheeler in particular. Another way to softly do that would be simply to have a -- I will call it a soft condition that the applicant work with staff to add appropriate, you know, directional -- look like terminology -- I want to hear that base -- that striping in the parking lot or directional signage, you could add it -- you may have a condition that the applicant would be required to work with staff to add as appropriate, something of that nature. That will give the staff and applicants some flexibility. Lorcher: Commissioner Wheeler, does that work for you? Wheeler: Yes. Madam Chair, yes, that's -- that -- that would be fine. I'm not looking for anything to really tighten it down. As counsel has stated that -- that's kind of my intention here is just something that shows there is going to be some heavy traffic and so just heads up. That's more or less what that is and if that can be just done with just something as loose as, you know, the applicant will work with staff on some sort of demarcation or noticing what pedestrian traffic might be, I'm fine with something like that. Grace: Okay. Madam Chair, I would -- before I maybe make the motion I would -- I would make the comment that I would not want to see the markings result in the loss of a parking space. Wheeler: Yeah. I agree. Grace: So, just that comment for the record I guess. But -- Parsons: Madam Chair, Commission, if I could just add a little bit to the conversation here. Certainly it -- it's like anything -- to Stacy's point, there is nothing in code that Meridian Planning&Zoning Commission August 3,2023 Page 14 of 15 requires this. It's your purview tonight, like the city attorney had mentioned. But looking just at the site design, even if you stripe something not everyone is going to walk to that striping and walk the children in one location. That's not how we work as a society. We pull in, we get out of our car and we cross the drive aisle. I think the good thing that -- the right -- maybe the appropriate thing to do in this case is, one, I like the idea of directional signs and I like the idea of maybe the applicant working with the business association and say watch for children, you know, children -- because to your point, although this drive aisle and this parking area does not interfere with the main drive aisle in the development that Stacy pointed out in the staff report, there still will be cars going in and out to get to Meridian Road. So, whatever we can do to just make it safer for parents and children as they even walk through the secure parking area -- I would hate to see a kid run out into the main drive or get hit. So, whatever we can do to work with this person, the development, the business owners association, let's just get some appropriate signage up there that says watch for children or something to that effect and I think that would probably solve a lot of the concerns that I heard here tonight. Lorcher: Okay. Grace: Madam Chair, with that I would like to make a motion. After considering all staff, applicant and public testimony I move to approve File No. H-2023-7034 as presented in the staff report for the hearing date of August 3rd, 2023, with the following additional recommendations I guess or requirements. That the applicant work with staff to include any appropriate markings or directional signs as it relates to indicating pedestrian traffic, as well as work with surrounding businesses to ensure the safety of the children attending the facility. Lorcher: Do I -- Wheeler: Second. Lorcher: Sorry I talked over you. Do I have a second? Wheeler: That's okay. Yeah. Second. Lorcher: It's been moved and seconded to approve File No. H-2023-0034. All those in favor say aye. Any opposed? Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. Lorcher: I will take one more motion. Grace: Madam Chair? Lorcher: Commissioner Grace. Grace: I would move to adjourn. Meridian Planning&Zoning Commission August 3,2023 Page 15 of 15 Wheeler: Second. Stoddard: Second. Lorcher: It's been moved and seconded that we adjourn. All those in favor say aye. Any opposed? All right. Meeting adjourned. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. MEETING ADJOURNED AT 6:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 8-17-2023 Andrew Seal, Chair ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the July 20, 2023 Planning and Zoning Commission Meeting Meridian Planning&Zoning Commission July 20,2023 Page 50 of 51 practical. Ensure that the additional amenity recommended by staff is accessible by the remainder of the subdivision consistent with the original development agreement. Seal: Is there a second? Grace: Mr. Chairman, I will second that. Seal: We have been moved and seconded to approve File No. H-2023-0033, Stapleton Apartments. All in favor, please, say aye. All opposed? Lorcher: Nay. Seal: Okay. Motion passes. MOTION CARRIED: THREE AYES. ONE NAY. THREE ABSENT. Seal: All right. And with that I will take one more motion. Lorcher: Mr. Chair, I motion we adjourn. Smith: Second. Grace: Second. Seal: It's been moved and seconded we adjourn. All in favor say aye. None opposed. We are adjourned. MOTION CARRIED: FOUR AYES. THREE ABSENT. MEETING ADJOURNED AT 9.10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 8-3-2023 ANDREW SEAL - CHAIR MAN ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for the Conditional Use Permit for Jump Creek South Apartments, located at the N.W. corner of N. Black Cat Rd. and W. McMillan Rd, by Kent Brown Planning Services CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND " AHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Jump Creek South Apartments consisting of 11 buildings and 44 multi-family units on 3.29 acres of land,Located at the Northwest corner of N.Black Cat Road and W.McMillan Road(Parcel#SO428449815)in the R-15 Zoning District,by Kent Brown Planning Services. Case No(s).H-2023-0016 For the Planning& Zoning Commission Hearing Date of: July 20,2023 (Findings on August 3, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 20,2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 20, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 20,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 20, 2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [JUMP CREEK SOUTH APARTMENTS—FILE H-2023-0016] Page 1 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of July 20,2023,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 July 20,2023,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC I I-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(I)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [JUMP CREEK SOUTH APARTMENTS—FILE H-2023-0016] Page 2 G. Attached: Staff Report for the hearing date of July 20,2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [JUMP CREEK SOUTH APARTMENTS—FILE H-2023-0016] Page 3 By action of the Planning&Zoning Commission at its regular meeting held on the 3rd day of August ,2023. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER JARED SMITH VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MANDI STODDARD VOTED COMMISSIONER ENRIQUE RIVERA VOTED Andrew Seal, Chairman 8-3-2023 Attest: Chris Johnson, City Clerk 8-3-2023 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. 8-3-2023 By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [JUMP CREEK SOUTH APARTMENTS—FILE H-2023-0016] Page 4 EXHIBIT A C� fE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT i4 H O HEARING July 20,2023 V Legend E- DATE: , IW Project Location TO: Planning&Zoning Commission -:77 FROM: Stacy Hersh,Associate Planner - 208-884-5533 SUBJECT: Jump Creek South Apartments - CUP H-2023-0016 LOCATION: Northwest corner of N. Black Cat jn. ap�l i 'I �•.A Road and W. McMillan Road in 7 the SE 1/4 of the SE 1/4 of Section - 28,TAN.,R.1W. (Parcel #S0428449815). I. PROJECT DESCRIPTION Conditional use permit for a multifamily development consisting of 11 buildings and 44 multi-family units on 3.29 acres of land in the R-15 zoning district. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.29-acres(R-15 zoning district) Future Land Use Designation Medium Density Residential(MDR) Existing Land Use(s) Vacant Proposed Land Use(s) Multi-Family Residential Lots(#and type;bldg./common) One(1)multi-family residential building lot Number of Residential Units 44 multi-family units—Eleven(11)two-story buildings (type of units) Density Gross—13.37 du/ac. Open Space(acres,total Jump Creek Subdivision approved with 13.54 acres of common [%]/buffer/qualified) open space which amounts to 15.73% Amenities At a minimum,3 amenities are proposed—See the amenity Exhibit in Section VII below. 6 amenities approved with Jump Creek Subdivision No. 3—tot lots,multi-use pathway, connection to pathway systems,and 5%additional open space. Jump Creek No. 5 includes micro-paths and a tot lot. Neighborhood Meeting date 3/15/2023 History(previous approvals) AZ-14-011,PP-14-013(Development Agreement(Inst.#2014- 105206);H-2018-0113);Jump Creek#1 FP-14-046;Jump Creek #2 FP H-2016-0134;Jump Creek#3 FP H-2018-0113;Jump Page 1 EXHIBIT A Description Details Page Creek#5 FP H-2020-0003;Jump Creek South PP H-2022-0006; Jump Creek South FP-2022-0031;Jump Creek#6 FP-2022-0004 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Traffic Impact Stud es/no No Access Access is proposed to N.Black Cat Road(arterial)via W.Daphne Street,a (Arterial/Collectors/State local street connection at the very northeast corner of the site. Hwy/Local)(Existing and Proposed) Existing Road Network N.Black Cat Road and W.McMillan Road are existing 2-lane arterial streets. Existing Arterial Sidewalks/ The arterial multi-use pathways along the Black Cat and McMillan Buffers frontages is not complete;no buffers are existing. Proposed Road The intersection of McMillan Road and Black Cat Road is scheduled in Improvements the IFWP to be constructed as a multi-lane roundabout with 4-lanes on the north/south legs and 2-lanes on the east/west legs and is currently in design and the construction date has not been determined. Police Service • Development Location 7.3 miles from the Meridian Police Department • Police Response Time 8:46 minutes • Response Time Goal Response time goal for emergencies is within 3-5 minutes. • Calls for Service 726 within a mile of the proposed development • Other All multi-family units shall be clearly marked with addresses and unit numbers visible day or ni ht for emergency response. Wastewater •Flow is committed. Water •Distance to Service-Water available at site •Pressure Zone- 1 •Estimated ERU-See Application •Water Quality Concerns-None •Project Consistent with Master Plan-Yes •Impacts/Concerns- •Fire hydrants require a 20'easement up to and 10'beyond the hydrant. •The only hydrant on the site does not meet this. •Water services require a 20'easement up to and 10'beyond the meter. •The service should be centered in the easement so when you have two meters each meter should have at least 10'to the edge of easement. This is not met for any of the meters.This will also impact the carports as they are not allowed within easements. •Callout removal of the blow-off valve at the northern connection point and western connection point to existing main. Page 2 EXHIBIT A C. Project Maps Future Land Use Map Aerial Map Legend Legend Project Location El Project Location ' - r Mediur f Densit JAI Re nEITm� IDFMj= ® ®"® TFFFFFFFn Zoning Map Planned Development Map Legend R-4 0 Legend Project Location IHI Project Location �jK- RUT R-8 ; City Limits -- ® —Planned Parcels R- V V ;q M M"® RUT M MUM I�CR RUT � J--_ --- -� �--, III. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Drive, Meridian,ID 83642 B. Owner: C. Open Door Rentals, LLC— 1977 E. Overland Rd.,Meridian, ID 83642 D. Representative: Same as Applicant Page 3 EXHIBIT A IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 7/3/2023 Radius notification mailed to properties within 500 feet 6/30/2023 Public hearing notice sign posted 6/30/2023 on site Nextdoor posting 6/29/2023 V. STAFF ANALYSIS A. PROPERTY HISTORY&COMPREHENSIVE PLAN ANALYSIS: Land Use: This property is designated Medium-Density Residential(MDR)on the Future Land Use Map (FLUM). This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The subject property is one of two multi-family properties that was approved with the preliminary plat(NOTE: the other R-15 zoned property is developed with similar units and density). The gross density for the multi-family portion of the development is at 13.37 dwelling units to the acre which is higher than the MDR designation of the Comprehensive Plan,however,this was contemplated during the review and approval of the Jump Creek development. The overall gross density for the Jump Creek development is approximately 4.54 dwelling units to the acre, including the 44 multi-family units proposed with this development and the previous approval of the 28 multi-family units,which is consistent with the MDR land use designation. Proposed Use: A two-story multi-family development containing 44 dwelling units consisting of eleven(11) residential apartment buildings with a leasing/release office(400 square feet) serving to be used by both multi-family developments once build-out of the project is complete. During the review of the previous multi-family development,the applicant did commit on the record to constructing the leasing office with this phase of development. COMPREHENSIVE PLAN POLICIES: Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • Encourage diverse housing options suitable for various income levels, household sizes, and lifestyle preferences. (2.01.01). This projectproposes 11 buildings units with 44 units total. This increases the diversity in housing and meets the needs,preferences, and financial capabilities ofMeridian's present and future residents. • "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 diversity of housing options in both the City as a whole and specifically in this area. Page 4 EXHIBIT A • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City."(2.01.01G) 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. • `Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and through this development in accord with current City plans. • "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 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 are required to be provided with development as proposed. • "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. Staff finds this development to be generally consistent with the Comprehensive Plan. B. UNIFIED DEVELOPMENT CODE(UDC)ANALYSIS Conditional Use Permit(CUP)—Multi-family Development(UDC 11-4-3-2 Specific Use Standards: A. Purpose. 1. To implement the goals and policies of the Comprehensive Plan: a. Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. b. Require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities as part of new multi-family residential and mixed-use developments. 2. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. a. To create quality buildings and designs for multi-family development that enhance the visual character of the community. Page 5 EXHIBIT A b. To create building and site design in multi-family development that is sensitive to and well-integrated with the surrounding neighborhood. c. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. B. Site design. 1. Buildings shall provide a minimum setback of ten (10) feet unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches, and patios, and how they impact adjacent properties. The proposed site plan complies with this standard. 2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash standards for only one (1) trash enclosure provided for the multi family development. Staff recommends that the Applicant work with Republic Services to establish an approved location for the trash enclosures,as well as,an adequate quantity of trash and recycle bins to service this development prior to the submittal of the CZC Application. All proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards.Landscaping,entryway,and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standards would create an inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as outlined in section 11-5B-5 of this title. The submitted elevations depict several outdoor patios and balconies that may qualify for the requirement. The Architectural 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 VILA and D.) 4. For this section, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space. None of these areas were used in the open space calculation. 5. No recreational vehicles, snowmobiles,boats, or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall adhere to this standard. 6. The parking shall meet the requirements outlined in chapter 3, "regulations applying to all districts",of this title.See the parking section in the general analysis below. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. C. A central mailbox location, including provisions for parcel mail, that provides safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. Page 6 EXHIBIT A The Applicant is proposing more than 20 units (44 units) so the Applicant is required to provide the items above in compliance with this standard. The submitted plans depict the location of these items. C. Common open space design requirements. 1. The total baseline land area of all qualified common open spaces shall equal or exceed ten (10)percent of the gross land area for multi-family developments of five (5) acres or more. Because the site is only 3.29 acres, this standard does not apply. 2. All common open spaces shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for land use after all other development elements have been designed.Open space areas that have been given priority in the development design have: (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards; and (4) Support a range of leisure and play activities and uses. b. Open space shall be accessible and well-connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering, and relaxation to serve the development. Staff finds the proposed open space areas within the Jump Creek developments comply with these standards by providing open space that is well connected, highly visible, and promotes health and well-being by supporting a range of leisure and play activities with the proposed amenities and general design of the open space.See the submitted landscape plan and rendering for a visual of compliance with this standard. 3. All multi-family projects over twenty(20)units shall provide at least one(1)common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway, are exempt from this standard. a. Minimum size of the common grassy area shall be at least five thousand(5,000)square feet in area.This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. b. Alternative compliance is available for these standards if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land-use designations with collectively integrated and shared open space areas. Page 7 EXHIBIT A The submitted plans include two open common grassy areas, each over 5,000 square feet in size. These areas are situated next to the building on the north side and in front of the Leasing Office. However, it's worth noting that these spaces are currently labeled as a "surface drainage Swale"and a "subsurface vertical sand filter drainage.". According to the Jump Creek Annexation and Development Agreement(Inst. #2014-105206);H-2018- 0113), the site was required to develop with a minimum of 15% open space (12.89 acres) to include the following amenities:three(3)tot lots,internal walking paths,a 10 foot wide multi-use pathway on the south side of W. Gondola Drive, and 5% additional open space. Additionally, the Pathways Master Plan requires a 10 foot multi-use pathway to be included as part of the development plan for this site. Both multi family developments approved as part of the Jump Creek overall development have access to the common areas and site amenities throughout the entire development. 4. In addition to the baseline open space requirement,a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150)square feet for each unit containing five hundred(500)or fewer square feet of living area. None of the units are below 500 square feet (s f.) 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 44 units are between 500 and 1,200 s.f.; therefore, a total of 11, sf. (or 0.25-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 11,000 sf. (or 0.25-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. As stated above, the submitted plans include two open common grassy areas. These areas appear to be over 5,000 square feet in size and are illustrated as a drainage swale and a subsurface sand filter drainage area. Additionally, a picnic area located behind the leasing office is shown on the site Plan in Section VIII.A. Staff recommends that the Applicant submit an open space plan that demonstrates compliance with UDC 11-4-3- 27.C.4. 5. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty(20)feet. The common open space areas depicted/approved for the overall Jump Creek development meet this requirement. 6. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. Staff is not aware of any phasing for the proposed project. 7. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to a collector or arterial streets unless separated from the street by a berm or constructed barrier at least four (4) feet in height, with breaks in the berm or barrier to allow for pedestrian access. Page 8 EXHIBIT A The Applicant is not including or requesting that the required 25 feet street buffer along N. Black Cat Road(arterial roadway) and W. McMillan Road (arterial roadway) be included as part of the open space calculations. However, these frontage improvements are required with the development of the proposed multi family development. D. Site development amenities. 1. All multifamily developments shall provide for quality of life, open space, and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life. (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with a waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage b. Open space. (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches,landscaping, and a structure for shade. c. Recreation. (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop. (4) Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of the multifamily development as follows: a. For multifamily developments with less than twenty(20)units,two(2)amenities shall be provided from two(2) separate categories. b. For multifamily development between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided,with one(1) from each category. Page 9 EXHIBIT A c. For multifamily development with seventy-five (75) units or more, four (4) amenities shall be provided,with at least one (1)from each category. d. For multifamily developments with more than one hundred (100) units, the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection (D), provided that these improvements provide a similar level of amenity. To satisfy the specific use standards for the proposed 44 multi-family units,a minimum of three amenities, one from each category, must be provided. According to the submitted plans and narrative, the applicant believes they have included three qualifying amenities,each from a different category.These proposed amenities consist of a leasing/release office with an outdoor BBQ area (400 square feet) serving both multi-family developments, a picnic area with tables, benches, landscaping, a shade structure attached to the office, a bicycle repair station, a community garden, and charging stations for electric vehicles. Additionally,there is a multi-use pathway that surrounds the site, serving as another amenity. The Applicant meets the requirements of UDC Code 11-4-3-27.D for the site. E. Landscaping requirements. 1. Development shall meet the minimum landscaping requirements by chapter 3, "regulations applying to all districts",of this title. 2. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three(3)feet wide. b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24)inches shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. According to the submitted landscape plans, the Applicant is showing compliance with this standard. F. Maintenance and ownership responsibilities. All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant shall comply with this requirement and provide said document at the time of CZC submittal. Code Analysis— Dimensional Standards(UDC 11-2A1: The proposed development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the R-15 zoning district and those within the specific use standards for Multi- family Development discussed above(UDC 11-4-3-27). The R-15 zoning district has a minimum landscape buffer requirement of 25 feet to any adjacent arterial street. The submitted concept plan shows this 25-foot landscape buffer to B. Black Cat Road and W. McMillan Road are compliant with the required dimensional standards. Page 10 EXHIBIT A The R-15 zoning district has a maximum height limit of 40 feet. The submitted conceptual elevations do not depict measurements but all buildings are proposed as two-story in height so Staff is not concerned with the Applicant meeting this standard. With a future CZC application, Staff will confirm conformance with the required dimensional standards of the R-15 zone. The submitted plans show compliance with all dimensional and specific use standards, including but not limited to, building height, setbacks, accesses, and required parking spaces. Staff recommends that the Applicant reorient Building H to face south and move the lease/release office space to face east in a central location within the development to improve accessibility and convenience. Existing Structures/Site Improvements: There are no existing structures on the property. In addition,there is an existing 5-foot wide attached sidewalk along W. Daphne Street that will be protected and maintained during construction. Access(UDC 11-3A-3): All-access was previously approved with the Jump Creek preliminary plat. Primary access for this project will occur from W. Daphne Street. which connects to N. Black Cat Road. There is additional access through numerous roads in the Jump Creek Subdivision which eventually terminate at W. Riva Capri Street into N. Maplestone Drive. Since the drive aisle within this development is not classified as a private street, the street names shown on the site plan should be removed. The common drive located on Lot 10, Block I of Jump Creek Subdivision No. 6 serves as access for Lots 22 and 23, Block I of Jump Creek South Subdivision, and functions solely as a secondary fire access point for the multi family development. Asper the Fire Department's requirements, two bollards need to be installed on the property line of the multi family development, spaced 20 feet apart. These bollards should be accompanied by a heavy chain and Knox padlock on the property line of the multi family development. The buildings within this development will have their addresses assigned based on W. Daphne Street. Furthermore, it is recommended to place a wayfinding sign near the entrance of the multi family development to provide clear directions. Off-street Parking(UDC 11-3G& Off-street parking for multi-family developments is required to be provided per the table in UDC 11-3C-6 based on the number of bedrooms per unit. The Applicant is proposing 46 units consisting of 36 2-bedroom units and 8 3-bedroom units. In addition, one(1) guest space for every 10 units is required per UDC 11-3C-6. Based on the total number of units proposed and their bedroom count distribution, a minimum of 100 parking spaces, with a minimum of 44 of these spaces to be covered in a garage or by a carport.According to the submitted site plan, the Applicant is proposing 100 spaces with 43 of these spaces to be covered by a carport. The proposed parking just meets the minimum code requirements; however, one additional covered parking stall should be added. Additionally, the plan submitted is deficient in trash enclosures for this site, which may impact the proposed parking. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Based on 100 spaces, a minimum of 4 spaces are required; a total of 6 spaces are proposed in excess of UDC standards. A detail of the bicycle rack is included on the plans submitted. Staff recommends that the Applicant allocate additional parking spaces within close proximity to the development to accommodate overflow parking needs. Page 11 EXHIBIT A Sidewalks(UDC 11-3A-1 and pedestrian walkways (UDC 11-3A-19): A 5-foot wide attached sidewalk is existing along W. Daphne Street connecting to the multi- family development. The Applicant is also proposing attached sidewalks and other pedestrian walkways throughout the entire site. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks per UDC 11-3A-19B.4b. The proposed pedestrian sidewalks shall be constructed with a different material than the driving surface with the plans submitted the CZC Application. Pathways(UDC 11-3A-8): A 10-foot wide detached multi-use pathway is required in within the landscape buffer along N. Black Cat Road, from W. Daphne Street to the intersection at McMillian as part of the Pathways Master Plan for this site. The pathway should be placed in a 14 foot wide public use easement, which shall be submitted to the Planning Division prior to submittal for a Certificate of Zoning Compliance.Additionally,the Applicant's Engineer shall provide written documentation that the pathway segment was constructed per the recommended specifications in accordance with UDC 11-3A-8 and UDC 11-313-12 prior to Certificate of Occupancy. Landscaping is required along all pathways in accord with the standards listed in UDC 11-313- 12C. Landscaping(UDC 11-3B): The Applicant is required to construct 25-foot wide street buffers along N. Black Cat Road,an arterial street, and along W. McMillan Road, another arterial street,in accordance with UDC 11- 3B-7.3. Landscaping is required within parking lots in accordance with the standards listed in UDC 11-3B-8C. According to the submitted landscape plans, all required landscaping appears to be shown including the required number of trees adjacent to N. Black Cat Road, W. McMillan Road, and within the parking lot islands, and next to drive aisles.A landscape strip a minimum of five(5) feet wide shall be provided along each side of the pathway per UDC 11-3B-12. Fencing(UDC 11-3A-6,11-3A- • All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A 6-foot tall solid vinyl fence is proposed along the east and south sides of the development, an existing fence is located on the north and west side of the development as shown on the landscape plan. The landscape plan appears to be in compliance with this requirement. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments by the City's adopted standards, specifications, and ordinances. Design and construction shall follow best management practices as adopted by the City as outlined in UDC 11-3A-18. Storm drainage will be proposed with a future Certificate of Zoning Compliance application and shall be constructed to City and ACHD design criteria. Pressurized Irrigation(UDC 11-3A-IS): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15.No irrigation plans have been submitted the CUP Application at this time but Staff anticipates this will be handled with the future Certificate of Zoning Compliance that is required prior to building permit submittal. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted. Page 12 EXHIBIT A Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted conceptual elevations of the future multi-family 4-plex buildings. Multi-family residential projects require Administrative Design Review(DES)approval with future applications so Staff will perform a thorough analysis at that time against the requirements in the Architectural Standards Manual. Further, an application for a Certificate of Zoning Compliance(CZC)will also be required to be submitted for this entire development before the building permit submission. Initial review of the conceptual elevations depicts multiple 4 plex buildings with varying roof profiles and materials including stone,fiber-cement lap siding in different layouts, horizontal lap siding, and fenestration. The elevations also depict the tallest portion of the buildings to face in towards the site which appears to minimize the building massing facing adjacent properties. VI. DECISION A. Staff: Staff recommends approval of the requested Conditional Use Permit per the conditions of approval included in Section VIII in accord accordance with Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on July 20. 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: Kent Brown,Kent Brown Planning Services b. In opposition:None C. Commenting: Kent Brown,Kent Brown Planning Services d. Written testimony: None e. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission: a. Traffic concerns have arisen on McMillan Road and Black Cat Road due to the current lack of roadway infrastructure to handle the volume of traffic with adding another development.Additionally,the construction of the roundabout on this corner is not scheduled to take place until 2028. b. Concerns with overflow parking for this development. 4. Commission change(s)to Staff recommendation: a. Add the following condition : The Applicant shall allocate additional parking spaces within close proximity to the development to accommodate overflow parking needs or reduce the number of bedrooms to accommodate additional parking. Page 13 i i� 'I�..��II� I��I .III 1 • i it 0 � ._= i sl li'11- JIEli �� lu:l.rc�: nail!'N mu IOU el �. - - v�aA�R 63dlI� EXHIBIT A B. Landscape Plan(dated: March 20,2023): LANDSCAPE LEGEND y cb d ]ow. PLANT 9CHEDVLE � •y�a CALLOUT LEGEND + p@ _ _ -- "'^ lrrr��y,,, o�,:__ sue= !•7�a Cz - rI��LANO6CAPE PLAq''RHEA ONE 1ER EmociP LLO FOR OVERALL FRO31 P PLANRV �.P Lu T88OIIG8 LLB GR DETAI=*.►NTAI1�91 PLAM, 1�! Lao NoH .ie'n�e' NOTM AND Pf.ANTENO DETAIL HER s8EM8 Lai FOR FMCMG PLAN AND%IrRMAL SWALE EMALS L1.1 NER rRooal9 Z"-E1 YON MMIKON BUUM DMULQATI=aP AIDE AND MWrADa uUI;;I,N,°,l, LANDSCAPE LEGEND • ^_:� +I PLANT SCHEDULE 11AiJII i a a Y.�s`_ N o--� CALLOUT LEGEND l�L.QNo$CAPE PLAN-AREA TWO 4-u'u�"—�f° ®��,�'"�,,, Off•• ER<OEOENr LlA YO$OQERAL7.Piu;jzuP PLED � SER 6 L11 TBNOUGB LLB FON DWPAMM LLUDSOME FLAM. gi ERmai Lao son x twxmCAPE moTZIL ANn PLANTEVO DzTAlla SHE LAS FOR F=V=G PLAN AND TYPIOAL SWALE D81A78 �U-2 L8D-81 YO mffi BD D33ROAwMw mwSCY AND 3wrAus Page 15 EXHIBIT A I LMDSCAW NOTE _ Ejj�& EDGE PERENNIALS CftOIINDCOVEa y .e .. .7. .w�'.,�_ r,.....• y�Vie:..a e:"-", '""' PLANTING �CIXJIFERDl15 TREE PLANTINGG ...a -�.�.".C.'.. iRwcAnorr rvorEs: -...,�........- �'.� .�10. _ •.•'••"^_ fs BICYCLE REPAA STATION •�••• •,• n••••Y• ..� 1_� ..... 4 BOULDER INSTALLATION U PICNIC TABLE-A +>-�F U DECIDUOUSTREE PLNdRNG L2.D Page 16 EXHIBIT A C. Conceptual Building Elevations —a— 1AJ •.� .PIE _..�:-_..._._ yT.1JF .BRIE �:.5:...��'-` —,�.II�• ,fig `r LOD c BUILDING TYPE 2.1. BUILDING ME 2-11 — FRONT ELEVATION .1NIGXTSIBE FLUArIGN •iiir rLSlr G JUMP CREEK SUUTH BUILDINGTYPE2.1A BUILDIXGTTPES-lA EN9AL NDIEN GIixL.N.LaxoatFls 3 REAR FLEVATM N A LF FT BIDE ELEYNTIGN Y '�.T�i.ti.SIP'•'� I�I I,�I,I I,,I,li�ICI I,�I, pJ�I�•,;,� �� .1��.a:.-�. .Y 1wE TERIGR FINIEN SCHEDULE RQ` BUILDIMGTYPE 2.1B BUILDING TYPED-IA 5 FRDNT ELEVATION 61UDNT SIDE ELENATIDN .GF- Kiir _ .GHdF IF PIP Opp pill 11 1 -1. BUILDING M112.1 B BUILDING M112-1 B /{/�1/.� 7RFM FLFYRTIDM $LE FT SIDE ELEYATIGNw"A_wIra- - .Gr .WL — .AZv2 .NN4� — ice[ BUILC ING TYPE 2-2A BVILDING TYPE 2-2A 7 FRGNf ELEVATION 2RIBHT SIDE ELEVATIDN �+rur Wa ® JUMP CREEK SOUTH APARTMENTS .EF `� .B9 •r rw�_W....rr BUILDING ME 2-YA BUILDING THE 2-SA GENERAL NOTES REM ELEVATION LEFTSIDEELENATIGN `J EEAIDR FrIW ICNFDEE QQF% BUILD EL TYPE 2-26 BUILDING TYPE 2.211 VATI FROMI ELEVATION .� RIGHT SIDE ELEVATION ,DYE ,q� er:ax.r�• .XFfa{` .11n� � = air•• ,,, r .- IFIr,& _ BUILD ING TYPE 2-26 BV ILDIXC TOPE 2-YB AA5.2 7 REM ELEVATIDx OL EFT SIDFELFWEIDN Page 17 EXHIBIT A BUILDING W S-EA BUILDING PRE 7-1A• 'FRONT ELEVATION 2 RIGHT,SIDE ELEVATION JUMP CREEK III UTH APARTMENTS y G _. �b � � i ••` enowu.oarvowus BUILDING TYPE E-lA BUILDING TYPE J-1A, GENERAL NMI 3 BEAR ELEVATION A LEFT SIDE ELEVATION Y 0 EVTERIGR FINISH SCHEDULE Vol OPP S�'Jam .� AA5.3 Page 18 EXHIBIT A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: 1. The Applicant shall comply with the provisions in the existing Development Agreement H- 2018-0113) (DA Inst. #2014-1052061;H-2018-0113)); Jump Creek#1 FP-14-046;Jump Creek#2 FP H-2016-0134; Jump Creek#3 FP H-2018-0113; Jump Creek#5 FP H-2020- 0003;Jump Creek South PP H-2022-0006; Jump Creek South FP-2022-0031; Jump Creek#6 FP-2022-0004)and all other previous conditions of approval. 2. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 3. A final plat shall be recorded for this development prior to occupancy of the first structure within such plat. 4. With the future CZC application,the site plan included in Section VII.A, shall be revised as f follows: a. Depict a 10-foot wide multi-use pathway within the landscape buffer along N. Black Cat Road, from W. Daphne Street to the intersection at McMillian Road per the Master Pathways Plan on the plans submitted with the future Certificate of Zoning Compliance. b. Provide the 10-foot wide pathway within a 14-foot wide public pedestrian easement and submit to the Parks Department prior to submittal of a Certificate of Zoning Compliance Application. c. 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. e. Applicant shall work with Republic Services to establish an approved location for the trash enclosure, as well as,an adequate quantity of trash and recycle bins to service this development prior to submittal of the CZC Application. f. Reorient Building H to face south and move the Lease Office to face east in a central location within the development to improve accessibility and convenience. g. Remove the street names(N. Maplestone Dr. &N. Maplestone Lane)as well as the depiction of"private street"from the common drive as shown on the site plan. h. The common drive located on Lot 10, Block 1 of Jump Creek South Subdivision functions solely as a secondary fire access point for the multi-family development; depict two (2)bollards 20-feet apart on the property line accompanied by a heavy chain with a Knox padlock. i. Place a wayfinding sign near the entrance of the multi-family development to provide clear directions. j. Add one (1)additional covered parking stall to the site plan. k. Include a detail of the bicycle rack should on the plans submitted with the CZC Application. Page 19 EXHIBIT A 1. The Applicant shall allocate additional parking spaces within close proximity to the development to accommodate overflow parking needs or reduce the number of bedrooms to accommodate additional parking. 3. With the future CZC application,the landscape plan included in Section VII.B shall be revised as follows: a. Depict a 10-foot wide multi-use pathway within the landscape buffer along N. Black Cat Road, from W. Daphne Street to the intersection at McMillian Road per the Master Pathways Plan on the plans submitted with the future Certificate of Zoning Compliance. b. The Applicant shall construct a 25-foot wide landscape buffer adjacent to Black Cat Road and McMillan Road in accord with UDC 11-3B-7C. c. Reorient Building H to face south and move the Lease Office to face the east in a central location within the development to improve accessibility and convenience d. Remove the street names(N. Maplestone Dr. &N. Maplestone Lane)as well as the depiction of "private street"from the common drive as shown on the landscape plan. e. The Applicant shall submit an open space plan that demonstrates compliance with UDC 11-4-3-27.C.4. f. Any existing landscaping installed with Jump Creek Subdivision should remain protected during construction on the site per UDC 11-3B-10. 4. The Applicant shall comply with all specific use standards for the proposed use of Multi- family Residential Development(UDC 11-4-3-27). 5. The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES)approvals before submitting for any building permit within this development along with providing elevations for the clubhouse,four-plex, and carports with the first CZC. 6. At the time of Certificate of Zoning Compliance submittal,the Applicant shall submit a recorded and legally binding document(s)that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features,per UDC 11-4-3-27F standards. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 8. Off-street parking is required to be provided by both the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. 9. The Applicant shall comply with all ACHD conditions of approval. 10. Provide a pressurized irrigation system consistent with the standards as outlined in UDC 1I- 3A-15,UDC 11-3B-6, and MCC 9-1-28. 11. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as outlined in UDC 11-3B-14. 14. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1) commence the use, satisfy the requirements,acquire building permits and commence construction within two years as outlined in UDC 11-5B-6F.1; or 2) obtain approval of a time extension as outlined in UDC 11-5B-6F.4. Page 20 EXHIBIT A B. PUBLIC WORKS DEPARTMENT 1. Site Specific Conditions of Approval a. Ensure no sewer services cross infiltration trenches. b. Sewer should be a minimum 1Oft from edge of easement c. Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences,infiltration trenches,light poles, etc.)are built within the utility easement. d. Fire hydrant laterals and water services up to the meter require 20'easement. Easement to extend 10'past the fire hydrant/water meter. Locate water meters 10'from buildings. e. Provide 20'water easement on the eastern portion of the road that extends from the southern boundary to the northern boundary. f. Water main must be at least 10'from any portion of buildings. g. Water main must loop through the site from Ustick Rd to existing water main to the east. h. There is an existing water meter in the northwest corner of the project that must be abandoned if it is not used. 2. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. Page 21 EXHIBIT A 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 11. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancioy.oMIpublic works.aspx?id=272. 19. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 20. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=297570&dbid=0&repo=MeridianC ky Page 22 EXHIBIT A D. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciV.oL-glWebLinkIDocView.aspx?id=298841&dbid=0&repo=MeridianC hty E. MERIDIAN FIRE DEPARTMENT(MFD) The entire common drive on Lot 10,Block I adjacent to the proposed fire access for the multi- family development shall be signed "No Parking Fire Lane". A full fire plan review will be required to be completed prior to construction. F. MERIDIAN POLICE DEPARTMENT(MPD) https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=297378&dbid=0&repo=MeridianC Lty G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciV.org/WebLink/DocView.aspx?id=297935&dbid=0&r0o=MeridianC H. MERIDIAN PARKS DEPARTMENT https:llweblink.meridianciU.or,g/WebLinkBrowse.aspx?id=297365&dbid=0&r0o=MeridianCit X I. COMMUNITY DEVELOPMENT-SCHOOL IMPACT TABLE https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=29 7567&dbid=0&r0o=MeridianC i &cr=1 J. IDAHO TRANSPORTATION DEPARTMENT(ITD) No comments received. IX. FINDINGS A. Conditional Use Permit Findings (UDC 11-5B-6E1: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the submitted site plan shows compliance with all dimensional and development regulations in the R-1 S zoning district in which it resides. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds that the proposed multi family development is consistent with the overall density recommendations of the FL UM in the Comprehensive Plan and is allowed as a conditional use in the R-1 S zoning district per UDC Table 11-2A-2. Page 23 EXHIBIT A 3. That the design, construction,operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Despite the proposed use being different from the residential uses to the west and north, Staff finds the site design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, so long as the Applicant constructs the site as proposed. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. Staff finds the proposed use will be served adequately by essential public facilities and services because all services are readily available and ACHD have reviewed and approved the proposed layout and traffic generation due to the intersection of McMillan Road and Black Cat Road is scheduled on the IFYWP to be constructed as a multi-lane roundabout with 4-lanes on the north and south legs and 2-lanes on the east and west legs 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available for the subject site so Staff finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment,and conditions of operation that will be detrimental to any persons,property,or the general welfare because of excessive production of traffic,noise,smoke,fumes,glare,or odors. Although traffic will increase in the vicinity with the addition of more residential units, Staff finds the proposed use will not be detrimental to any persons,property, or the general welfare. 8. That the proposed use will not result in the destruction,loss,or damage of a natural, scenic,or historic feature considered to be of major importance.(Ord. 05-1170,8-30- 2005,eff. 9-15-2005). Staff is unaware of any natural, scenic, or historic features within the development area, therefore, Stafffinds the proposed use should not result in damage to any such features. Page 24 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for the Conditional Use Permit for Stapleton Apartments, located at the N.W. corner of S. Meridian Rd. and W Harris St. by the Architects Office, PLLC. CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ",A H O DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Stapleton Apartments consisting of 5 two-story buildings and 19 multi-family units on 2.07 acres of land,Located at the Northwest corner of S.Meridian Road and W.Harris Street(Parcel#R8107431420)in the R-15 Zoning District,by The Architects Office,PLLC. Case No(s).H-2023-0033 For the Planning& Zoning Commission Hearing Date of: July 20,2023 (Findings on August 3, 2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 20,2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 20, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 20,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 20, 2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [STAPLETON APARTMENTS-FILE H-2023-0033] Page 1 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of July 20,2023,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 July 20,2023,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 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [STAPLETON APARTMENTS-FILE H-2023-0033] Page 2 G. Attached: Staff Report for the hearing date of 2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [STAPLETON APARTMENTS-FILE H-2023-0033] Page 3 By action of the Planning&Zoning Commission at its regular meeting held on the 3rd day of August ,2023. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER JARED SMITH VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MANDI STODDARD VOTED COMMISSIONER ENRIQUE RIVERA VOTED Andrew Seal, Chairman 8-3-2023 Attest: Chris Johnson, City Clerk 8-3-2023 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: 8-3-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [STAPLETON APARTMENTS-FILE H-2023-0033] Page 4 EXHIBIT A fE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT i4 H O HEARING July 20,2023 Legend ' DATE: t Project Location TO: Planning&Zoning Commission FROM: Stacy Hersh,Associate Planner 208-884-5533 { SUBJECT: Stapleton Apartments CUP - a H-2023-0033 LOCATION: Northwest corner of S. Meridian Road and W. Harris Street in the i SE '/4 of Section 25,T.3N.,R.1W. f3 ; (Parcel#R8107431420). o I. PROJECT DESCRIPTION Conditional use permit for a multifamily development consisting of 5 two-story buildings and 19 multi-family units on 2.07 acres of land in the R-15 zoning district which is part of the overall Stapleton Subdivision community. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.07-acres(R-15 zoning district) Future Land Use Designation Medium-High Density Residential(MHDR) Existing Land Use(s) Vacant Proposed Land Use(s) Multi-Family Residential Lots(#and type;bldg./common) One(1)multi-family residential building lot Number of Residential Units 19 multi-family units—Five(5)two-story buildings (type of units) Density Gross—9.18 du/ac. Open Space(acres,total Stapleton Subdivision was approved with 4.95 acres of common [%]/buffer/qualified) open space which amounts to 13.9% Amenities At a minimum,2 amenities are required—See the amenity Exhibit in Section VII below. Basketball court,dog park for small dogs,24'x 36'children's play structure,swings,rock climbing boulders and a climbing dome structure,big wheel track,benches,pedestrian pathways,and segment of the multi- use pathway system is provided for the overall Stapleton Subdivision Neighborhood Meeting date 5/4/2023 Page 1 EXHIBIT A Description Details Page History(previous approvals) Stapleton Subdivision AZ,PP,VAR H-2018-0129 (Development Agreement Inst.#2019-110907);Stapleton Subdivision H-2019-001; Stapleton No. 1 FP H-2019-0117;FP- 2020-0014;FP-2023-0003;FP-2023-0006)7. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Traffic Impact Stud es/no No Access Access is proposed to S.Meridian Road(SH-69)via W.Harris Street,a (Arterial/Collectors/State collector street connection at the very northeast corner of the site via N.Lone Hwy/Local)(Existing and Pine Way. Proposed) _ Existing Road Network W.Harris Street and N. an existing 2-lane collector street and N. Lone Pine Way an existing collector street. Existing Arterial Sidewalks/ The sidewalks along the W.Harris Street and N.Lone Pine Way Buffers frontages are complete;buffers are existing along W.Harris Street and the parkway is completed along N.Lone Pine Way. Proposed Road Victory Road is listed in the CIP to be widened to 3-lanes from Linder Improvements Road to Meridian Road between 2022 and 2026 is scheduled in the IFWP. Victory Road is listed in the CIP to be widened to 3-lanes from SH-69 to Locust Grove Road between 2026 and 2030. The intersection of Amity Road and SH-69 is listed on the CIP to be widened and si nalized between 2026 and 2030. Police Service No comments received. • Development Location • Police Response Time • Response Time Goal • Calls for Service • Other Wastewater •Flow is committed •Ensure no sewer services pass through infiltration trenches. Water •Distance to Service-Water available at site •Pressure Zone-5 •Estimated ERU-See Application •Water Quality Concerns-None •Project Consistent with Master Plan-Yes Impacts/Concerns- -No public water infrastructure shown in record.Any changes must be reviewed by public works. •Provide water connection to the SW property. •Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. •Fire Hydrants and water meters required 20'easement up to and 10' beyond the hydrant/meter. Page 2 • 1 - . 1 1 1 1 11111 1111111�j•1�i�i I� �,. , *�r n 041 - • - e 11111 11/1►��1 III�.��.�� _ � s miss mom ♦ ♦�I�\� IIIU 1 ° 1 �nnnnn Z ' Qn 1:1 �� )� IIIIIIIIIIII/�j rQ a 111111111111 � ° • ��//1111111111 1"1 ��/1111111111 W '�` ��.. - • e =�' �': III - • D I - nnnl_� a�j ,r _I pl - - • - e I �♦ -.i��;�i�I� � ♦ -.i��;�i Ala E MOM ♦ ♦. I ��'��\.111�11�1►��1�11��11, • -• '• - 11�1►�Q ♦ j11I�\ IIII�i♦ ♦1�♦ ��\IIIIIII p��1♦��1�I�� IIII=��.1♦,�1�II�- \IIII\�I��+� — IIII! \IIII��I��•�•��+� 1 l-inn m..nn►a 11 ►!1 1 l-_dun w..nn►a I i1 ��i ��i ��'II' -.��:J•� ��i� ��i ��/llllllllll n1►j��i�� 0 =-LIJ ��- =ullj�i��i�� IIIIIIIIII W 111► �ii�ii�� -� �-.��- =Ilu��i��i�� =IIIIIIIIII- -oc =�IIIIIIIIIII==- 11111 _I�= ii�i■+O — 11111111 =IIIIIIIII1I _ II IIIIIIII it 19:1��19r1+ -� ��Il:fl' I�1111111 l�- �11111� � IIIIIIII C �I_fOl ' �IIIp11 1111111.� 11 i 1 •- 1 1 i i 1 t i 11 11 EXHIBIT A IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 7/3/2023 Radius notification mailed to properties within 500 feet 6/30/2023 Public hearing notice sign posted 7/10/2023 on site Nextdoor posting 6/29/2023 V. STAFF ANALYSIS A. PROPERTY HISTORY&COMPREHENSIVE PLAN ANALYSIS: Land Use: This property is designated Medium High-Density Residential(MHDR)on the Future Land Use Map(FLUM). LAND USE: MHDR areas are locations recommended primarily for relatively dense multi-family housing types, such as row houses,townhouses, and condominium and apartment buildings and complexes. These areas should have a mix of housing types that achieve an overall average density target of 12 dwelling units per gross acre with densities ranging from 8-15 units per acre. MHDR areas typically are relatively compact areas within a larger neighborhood and generally should be located around and near more intensely developed areas, such as Mixed Use Commercial or Employment areas,in order to provide convenient access to these commercial activity and employment centers for the greatest number of residents.Apartment buildings are desired to be accessed via shared entrances and hallways. Proposed Use: A two-story multi-family development containing 19 dwelling units consisting of five(5) residential apartment buildings with a gross density of 9.18 units per acre consistent with the density in the MHDR designation. The conceptual development plan included in the Development Agreement initially proposed 28 units. However,the Applicant believes that this location would be better served with larger units instead, and therefore,reduced the number of total units thereby increasing the square footage for each unit. The Applicants decision took into consideration the proximity of a larger future multi-family project planned directly to the west of this site. 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 diverse housing options suitable for various income levels, household sizes, and lifestyle preferences. (2.01.01). This projectproposes S buildings units with 19 units total. This increases the diversity in housing and meets the needs,preferences, and financial capabilities ofMeridian's present and future residents. • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Page 4 EXHIBIT A The proposed multi family apartments will contribute to the diversity of housing options in both the City as a whole and specifically in this area. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City."(2.01.01G) 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, single-family attached dwellings, and a future multi family development in this area. • `Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and through this development in accord with current City plans. • "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 west. Development of this vacant site will result in more efficient provision ofpublic services. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Approved with the development of Stapleton Subdivision No. 2. • "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. Staff finds this development to be generally consistent with the Comprehensive Plan. B. UNIFIED DEVELOPMENT CODE(UDC)ANALYSIS Conditional Use Permit(CUP)—Multi-family Development(UDC 11-4-3-2 Specific Use Standards: A. Purpose. 1. To implement the goals and policies of the Comprehensive Plan: a. Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. b. Require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities as part of new multi-family residential and mixed-use developments. 2. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. Page 5 EXHIBIT A a. To create quality buildings and designs for multi-family development that enhance the visual character of the community. b. To create building and site design in multi-family development that is sensitive to and well-integrated with the surrounding neighborhood. c. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. B. Site design. 1. Buildings shall provide a minimum setback of ten (10) feet unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches, and patios, and how they impact adjacent properties. The proposed site plan complies with this standard 2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash standards for only one (1) trash enclosure provided for the multi family development. Staff recommends that the Applicant work with Republic Services to establish an approved location for the trash enclosures,as well as,an adequate quantity of trash and recycle bins to service this development prior to the submittal of the CZC Application. All proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards.Landscaping,entryway,and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standards would create an inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as outlined in section 1 I-5B-5 of this title. The submitted elevations depict several outdoor patios and balconies that may qualify for the requirement. However, without floor plans, Staff cannot verify if each unit is proposed with the minimum required area. Compliance with this standard will occur with the future Certificate of Zoning Compliance(CZC)application;the Applicant is required to comply with this requirement or submit an Alternative Compliance application to seek a reduction to the required private open space standards. 4. For this section, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space. None of these areas were used in the open space calculation. 5. No recreational vehicles, snowmobiles,boats, or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall adhere to this standard. 6. The parking shall meet the requirements outlined in chapter 3, "regulations applying to all districts",of this title.See the parking section in the general analysis below. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. C. A central mailbox location, including provisions for parcel mail, that provides safe pedestrian and/or vehicular access. Page 6 EXHIBIT A d. A directory and map of the development at an entrance or convenient location for those entering the development. The Applicant is not proposing more than 20 units (19 units) so the Applicant is not required to provide the items above in compliance with this standard. C. Common open space design requirements. 1. The total baseline land area of all qualified common open spaces shall equal or exceed ten (10)percent of the gross land area for multi-family developments of five (5) acres or more. Because the site is only 2.07 acres, this standard does not apply. 2. All common open spaces shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for land use after all other development elements have been designed.Open space areas that have been given priority in the development design have: (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards; and (4) Support a range of leisure and play activities and uses. b. Open space shall be accessible and well-connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering, and relaxation to serve the development. Staff finds the proposed open space areas within the Stapleton development complies with these standards by providing open space that is well connected, highly visible, and promotes health and well-being by supporting a range of leisure and play activities with the proposed amenities and general design of the open space within the Stapleton Development. 3. All multi-family projects over twenty(20)units shall provide at least one(1)common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway, are exempt from this standard. a. Minimum size of the common grassy area shall be at least five thousand(5,000) square feet in area.This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. b. Alternative compliance is available for these standards if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land-use designations with collectively integrated and shared open space areas. Page 7 EXHIBIT A Because the site is only 2.07 acres, this standard does not apply. The submitted plans include several open common grassy areas, each looking to be under 5,000 square feet in size. These areas are situated next to buildings B, C, and D. According to the Stapleton Annexation and Development Agreement(Inst.#2019-110907);H-2018-0129),the site was required to develop with a minimum of 10% open space (4.95 acres) to include the following amenities: centrally located half-acre park with children's play structures consisting of a 24'x 36'play structure, swings, climbing dome, rock climbing boulders, basketball court,big wheel track, and seating with a 4-foot tall wrought iron fencing with a gated entry surrounding the park for children's safety; and a dog park for small dogs with seating areas., internal walking paths, a 10 foot wide multi-use pathway within the street buffer along SH-69. 4. In addition to the baseline open space requirement,a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150)square feet for each unit containing five hundred(500)or fewer square feet of living area. 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. Floor plans were not submitted to verify the square footage for the units. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200)square feet of living area. Floor plans were not submitted to verify the square footage for the units. The Applicant is required to provide common open space based on the square footage for each unit type. The submitted plans do not depict the square footage for each unit type(19 three-bedroom units are included on the plans). Staff recommends that the Applicant revise the plans submitted with the future Certificate of Zoning (CZC) application that meets the requirements of UDC Code 11-4-3-27.C for the site. 5. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty(20)feet. The common open space areas depicted/approved for the overall Stapleton development meet this requirement. 6. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. Staff is not aware of any phasing for the proposed project. 7. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to a collector or arterial streets unless separated from the street by a berm or constructed barrier at least four (4) feet in height, with breaks in the berm or barrier to allow for pedestrian access. The Applicant is not including or requesting that the required 20 feet street buffer along W. Harris (collector roadway)and N.Lone Pine Way(local roadway)be included as part of the open space calculations. D. Site development amenities. 1. All multifamily developments shall provide for quality of life, open space, and recreation amenities to meet the particular needs of the residents as follows: Page 8 EXHIBIT A a. Quality of life. (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with a waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage b. Open space. (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables, benches, landscaping, and a structure for shade. c. Recreation. (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop. (4) Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of the multifamily development as follows: a. For multifamily developments with less than twenty(20)units,two (2)amenities shall be provided from two(2) separate categories. b. For multifamily development between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided,with one(1) from each category. c. For multifamily development with seventy-five (75) units or more, four (4) amenities shall be provided,with at least one(1)from each category. d. For multifamily developments with more than one hundred (100) units, the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection (D), provided that these improvements provide a similar level of amenity. Page 9 EXHIBIT A To satisfy the specific use standards for the proposed 19 multi family units,a minimum of two amenities, one from each category, must be provided According to the submitted plans and narrative,the Applicant has notprovided any amenities within this development. The Applicant should revise the plans submitted with the future Certificate of Zoning (CZC) application that meets the requirements of UDC Code 11-4-3-27.D for the site. E. Landscaping requirements. 1. Development shall meet the minimum landscaping requirements by chapter 3, "regulations applying to all districts",of this title. 2. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three(3) feet wide. b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24)inches shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. According to the submitted landscape plans, the Applicant is showing compliance with this standard. F. Maintenance and ownership responsibilities. All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant shall comply with this requirement and provide said document at the time of CZC submittal. Code Analysis— Dimensional Standards (UDC 11-2A): The proposed development is required to comply with the dimensional standards listed in UDC Table 11-213-3 for the R-15 zoning district and those within the specific use standards for Multi- family Development discussed above(UDC 11-4-3-27). The R-15 zoning district has a minimum landscape buffer requirement of 20 feet to any adjacent collector street . According to the submitted concept plan,the 20-foot landscape buffer to W. Harris Street and N. Lone Pine Way are compliant with the required dimensional standards. The R-15 zoning district has a maximum height limit of 40 feet. The submitted conceptual elevations depict 35 feet for all buildings proposed as two-story in height. The Applicant meets this standard. With a future CZC application, Staff will confirm conformance with the required dimensional standards of the R-15 zone. The submitted plans show compliance with all dimensional and specific use standards, including but not limited to, building height, setbacks, and accesses. Existing Structures/Site Improvements: There are no existing structures on the property. In addition,there are existing 5-foot wide detached sidewalks along W. Harris Street and N. Lone Pine Way that will be protected and maintained during construction. Access(UDC 11-3A-3): All-access was previously approved with the Stapleton preliminary plat. There are two primary accesses for this project that will occur from N. Lone Pine Way via W. Harris Street.which Page 10 EXHIBIT A connects to S. Meridian Road. There is additional access through numerous roads in the Stapleton Subdivision. According to the Development Agreement(Inst. #2019-110907),the Applicant is required to provide an emergency vehicular connection between this site and the planned multi family development to the west for interconnectivity. The submitted plans depict a drive aisle on the south side that stubs to the R-40 property to the west. Prior to CZC submittal the applicant shall submit and record an emergency access easement. Off-street Parking(UDC 11-3C-0- Off-street parking for multi-family developments is required to be provided per the table in UDC 11-3C-6 based on the number of bedrooms per unit. The Applicant is proposing 19 units consisting of nineteen(19) 3-bedroom units. In addition, one(1) guest space for every 10 units is required per UDC 11-3C-6. Based on the total number of units proposed and the bedroom count distribution, a minimum of 59 parking spaces, with a minimum of 19 of these spaces to be covered in a garage or by a carport.According to the submitted site plan, the Applicant is proposing 58 spaces with 24 of these spaces to be covered by a carport. The proposed parking is short I stall from meeting the minimum code requirements; nevertheless, one additional parking stall should be added. Additionally, the plan submitted is deficient in trash enclosures for this site, which may impact the proposed parking. The trash enclosure shown on the plan should be designed to accommodate recycling. The applicant is required to obtain Republic Services approval of the trash enclosure prior to the submittal of the CZC application. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Based on 59 spaces, a minimum of 2 spaces are required, a total of 4 spaces are proposed in excess of UDC standards. A detail of the bicycle rack is not included on the plans submitted. Staff recommends that the Applicant include an additional parking stall to meet the parking requirements in UDC 11-3C-6 and allocate additional parking spaces within close proximity to the development to accommodate overflow parking needs.Additionally, a detail of the bicycle rack should be included on the plans submitted with the CZC Application. Sidewalks (UDC 11-3A-1 and pedestrian walkways(UDC 11-3A-19): A 5-foot wide detached sidewalk is existing along W. Harris Street and N. Lone Pine Way connecting to the multi-family development. The Applicant is also proposing attached sidewalks and other pedestrian walkways throughout the entire site. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks per UDC 11-3A-19B.4b. The proposed pedestrian sidewalks shall be constructed with a different material than the driving surface with the plans submitted the CZC Application. Landscaping(UDC 11-3B): The Applicant is required to construct a 20-foot wide street buffer along W. Harris Street and N. Lone Pine Way,both are collector streets, in accordance with UDC 11-313-7.3. Landscaping is required within parking lots in accordance with the standards listed in UDC 11-313-8C. According to the submitted landscape plans, all required landscaping appears to be shown including the required number of trees adjacent to W. Harris Street, N. Lone Pine Way, within the parking lot islands, and next to drive aisles. Any existing landsping installed with Stapleton No. 2 should remain protected during construction on the site. Page 11 EXHIBIT A Fencing(UDC 11-3A-6,11-3A- • All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A 5-foot tall solid wrought iron fence is proposed along the west side of the development,an existing 6-foot vinyl fence is located on the north and south side of the development as shown on the landscape plan. The landscape plan appears to be in compliance with this requirement. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments by the City's adopted standards, specifications, and ordinances. Design and construction shall follow best management practices as adopted by the City as outlined in UDC 11-3A-18. Storm drainage will be proposed with a future Certificate of Zoning Compliance application and shall be constructed to City and ACHD design criteria. Pressurized Irrigation(UDC 11-3A-IS): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15.No irrigation plans have been submitted the CUP Application at this time but Staff anticipates this will be handled with the future Certificate of Zoning Compliance that is required prior to building permit submittal. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted conceptual elevations of the future multi-family buildings. Multi- family residential projects require Administrative Design Review(DES) approval with future applications so Staff will perform a thorough analysis at that time against the requirements in the Architectural Standards Manual. Further,an application for a Certificate of Zoning Compliance (CZC)will also be required to be submitted for this entire development before the building permit submission. Initial review of the conceptual elevations depicts multiple buildings with varying roofprofiles and materials including stone, horizontal lap siding, vertical board and batten siding, stained wood, and fenestration. VI. DECISION A. Staff: Staff recommends approval of the requested Conditional Use Permit per the conditions of approval included in Section VIII in accord accordance with Findings in Section IX B. The Meridian Planning&Zoning Commission heard this item on July 20,2023. 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: David Ruby,The Architects Office.PLLC b. In opposition: Mary Scheller,Natalie Knighton, Georgia Konkoly,Ruth Brogdon.Linda Stevens.Mitchell Johnson,Karen Helms, Cameo Rogers, Steele Stone c. Commenting: David Ruby, The Architects Office.PLLC d. Written testimony: Stacy Cable e. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor 2. Key issue(s)of public testimony: a. Concerns regarding the increase in traffic on W. Harris Street and through neighborhoods,as well as traffic safety due to the lack of a traffic signal on W. Harris Street to turn on Meridian Road out of the nearby developments. Page 12 EXHIBIT A b. The Developer failed to disclose the Stapleton Apartments project to the adjacent homeowners in Stapleton Subdivision,nor did they inform them that the apartments are part of the overall Stapleton Community's CC&Rs. 3. Key issue(s)of discussion by Commission: a. Safety concerns with crossing the road from the apartments to access the amenities within the overall Stapleton Community. 4. Commission change(s)to Staff recommendation: a. Ensure that the additional amenity recommended by Staff is accessible by the overall Stapleton Subdivision community consistent with the development agreement. VII. EXHIBITS A. Site Plan(dated: May 30,2023): REnom m PRDIELT SITE SUMMARE TAIR rr.l a:w 1 ._..___—__ .._.-------- _____ ______ _ � PANUM6SUMMARY SIAPLETONI APNRTMENTS BYILRINB Y UNIr SUMMARE AMENITY AMFNm AND OPEN SPACE SUMMNn � STBRN BRIYAGE SUNMARr NESELOPER. IMM1UC11 HOMES . / 19R9RIYGNSr RRNR MERMYN,IP 63145611 IAYOSGNE JENSEN MELTS ASSES ATIS IRGXIflGi' 1599 TTRELL V, �- 1 OYHIRLLSIEE PLAN //J NOME,IOAXO13TR1 UV ® / 121191 N3 7175 CIVIL � EMGIYEER: NM EMGIYEERIM6 ST25 N.1ISGOYEIIT I HOME.M 13713 1203163MR31 APARTMFNI BUILDING FINISH NEE 0.11 THE 1NLHITEGISOFFICE PLLG A100 L� III ANY: '11 MIN ST. E 1$"�: MOLNE,IH N3702 , . '.,,.�. I29913922931 JEf Ln11 Page 13 EXHIBIT A B. Landscape Plan(dated: May 30,2023): _ /M PLANT PALGTTG _ _ .. 13A — — _17LHABRl,S�L w�'�w`� w..mw '�ti,`-• '¢¢77�yy� Sr.JIiP.x1� STAPLERN APARTMENTS NOTE5 DEVELOPMENT DATA w=rwwr.r.«„m.rw..v..m�.w LANDSGAPG CALCULATIONS u rr www«.r.w.w. t53k.... k Q.ws r�-,wriu��•� ,ate riw,mxbnTwrnas Y' �rscN. ep.... O coxr�.0 Page 14 EXHIBIT A C. Conceptual Building Elevations BE'fN�®---- �'" gLy 1RTBILT 9"UM BUBJ NWPE I ........ STAPLETON APARTMEN75 GENERAL NOTES 2FRONT ELEVATION-BUILDING TYPE 1 �- w.w LEFT ELE1 IDN BUILDING TTPE I 4 REAR ELEVATION BUILDINGTIPE I A5.1 i RIB AT ELEVATION BUILDING ME GTAPIETbN AFARTMEN7G GENERAL NOTES — L•Z FRONT ELEVATION ELEVATION•BUILDING TYPE I "� �--� —•T 2 FRO... ss--------•-- LEFT Uwarmmi BUILDING ME I w R ELEVATION-BUILDING ME 1 4.REA�. A5.2 Page 15 EXHIBIT A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: 1. The Applicant shall comply with the provisions in the existing Development Agreement H- 2018-0129 (DA Inst. #2019-110907); Stapleton No. I FP H-2019-0117; FP-2020-0014; FP- 2023-0003; FP-2023-0006)and all other previous conditions of approval. 2. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 3. With the future CZC application,the site plan included in Section VII.A, shall be revised as follows: a. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete,or bricks in accord with UDC 11-3A-1913.4b. The proposed pedestrian sidewalks shall be constructed with a different material than the driving surface with the plans submitted the CZC Application. b. Record an emergency access easement for the vehicular connection between this site and the planned multi-family development to the west per the recorded development agreement. c. Revise the site plan to include an additional parking stall to meet the parking requirements in UDC 11-3C-6 and allocate additional parking spaces within close proximity to the development to accommodate overflow parking. d. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street,or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. e. Applicant shall work with Republic Services to establish an approved location for the trash enclosure,as well as,an adequate quantity of trash and recycle bins to service this development prior to submittal of the CZC Application. f. Include two amenities, one from each category on the plans submitted with the future CZC application that meet the requirements of UDC Code 11-4-3-27.1)for this site; ensure that one of the required amenities is accessible by the overall Stapleton Subdivision community g. Include a detail of the bicycle rack should on the plans submitted with the CZC Application. e. The Applicant shall submit a floor plan of the units and revise the plans submitted with the future Certificate of Zoning(CZC)application that demonstrates compliance with the private opens space standards and common open space standards in UDC 11-4-3-27.B and 11-4-3-27.C. 4. With the future CZC application,the landscape plan included in Section VII.B shall be revised as follows: a. Include two amenities, one from each category on the plans submitted with the future Page 16 EXHIBIT A CZC application that meet the requirements of UDC Code 11-4-3-27.D for this site; ; ensure that one amenity is accessible by the overall Stapleton Subdivision community. b. The Applicant shall submit a floor plan of the units and revise the plans submitted with the future Certificate of Zoning(CZC)application that demonstrates compliance with the private opens space standards and common open space standards in UDC 11-4-3-27.B and 11-4-3-27.C. c. Revise the site plan to include an additional parking stall to meet the parking requirements in UDC 11-3C-6 and allocate additional parking spaces within close proximity to the development to accommodate overflow parking. d. Any existing landscaping installed with Stapleton No. 2 should remain protected during construction on the site per UDC 11-3B-10. 5. The Applicant shall comply with all specific use standards for the proposed use of Multi- family Residential Development(UDC 11-4-3-27). 6. The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES)approvals before submitting for any building permit within this development along with providing elevations for the carports with the first CZC. 7. At the time of Certificate of Zoning Compliance submittal,the Applicant shall submit a recorded and legally binding document(s)that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features,per UDC 11-4-3-27F standards. 8. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 9. Off-street parking is required to be provided by both the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. 10. The Applicant shall comply with all ACHD conditions of approval. 11. Provide a pressurized irrigation system consistent with the standards as outlined in UDC 11- 3A-15,UDC 11-3B-6, and MCC 9-1-28. 12. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as outlined in UDC 11-3B-14. 14. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements,acquire building permits and commence construction within two years as outlined in UDC 11-5B-6F.1; or 2) obtain approval of a time extension as outlined in UDC 11-5B-6F.4. B. PUBLIC WORKS DEPARTMENT https:llweblink.meridianciV.org/WebLink/DocView.aspx?id=300198&dbid=0&r0o=MeridianC hty C. ADA COUNTY HIGHWAY DISTRICT(ACHD) No comments received. Page 17 EXHIBIT A D. BOISE-KUNA IRRIGATION DISTRICT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=300456&dbid=0&r0o=MeridianC hty E. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=301361&dbid=0&r0o=MeridianC ky F. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=300664&dbid=0&repo=MeridianC hty G. MERIDIAN FIRE DEPARTMENT(MFD) No comments received. H. MERIDIAN POLICE DEPARTMENT(MPD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=297378&dbid=0&repo=MeridianC ky I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=297935&dbid=0&repo=MeridianC ky J. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=300731&dbid=0&repo=MeridianC ky IX. FINDINGS A. Conditional Use Permit Findings (UDC 11-5B-6D: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the submitted site plan shows compliance with all dimensional and development regulations in the R-1 S zoning district in which it resides. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Stafffinds that the proposed multi family development is consistent with the overall density recommendations of the FL UM in the Comprehensive Plan and is allowed as a conditional use in the R-1 S zoning district per UDC Table 11-2A-2. Page 18 EXHIBIT A 3. That the design, construction,operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Despite the proposed use being different from the residential uses to the north and east, Staff finds the site design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, so long as the Applicant constructs the site as proposed. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. Staff finds the proposed use will be served adequately by essential public facilities and services because all services are readily available and ACHD have reviewed and approved the proposed layout and traffic generation with the Stapleton Development Annexation and Preliminary Plat. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available for the subject site so Stafffinds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment,and conditions of operation that will be detrimental to any persons,property,or the general welfare because of excessive production of traffic,noise,smoke,fumes,glare,or odors. Although traffic will increase in the vicinity with the addition of more residential units, Staff finds the proposed use will not be detrimental to any persons,property, or the general welfare. 8. That the proposed use will not result in the destruction,loss,or damage of a natural, scenic,or historic feature considered to be of major importance.(Ord. 05-1170,8-30- 2005,eff. 9-15-2005). Staff is unaware of any natural, scenic, or historic features within the development area, therefore, Staff finds the proposed use should not result in damage to any such features. Page 19 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, August 03, 2023 at 6:00 PM MINUTES PRESENT Commissioner Nathan Wheeler Commissioner Maria Lorcher Commissioner Patrick Grace Commissioner Mandi Stoddard ABSENT Commissioner Enrique Rivera Commissioner Jared Smith Commissioner Andrew Seal ADOPTION OF AGENDA Adopted Motion to approve made by Commissioner Grace, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Stoddard CONSENT AGENDA \[Action Item\] Approved 1. Approve Minutes of the July 20, 2023 Planning and Zoning Commission Meeting 2. Findings of Facts, Conclusions of Law for the Conditional Use Permit for Jump Creek South Apartments, located at the N.W. corner of N. Black Cat Rd. and W. McMillan Rd, by Kent Brown Planning Services 3. Findings of Facts, Conclusions of Law for the Conditional Use Permit for Stapleton Apartments, located at the N.W. corner of S. Meridian Rd. and W Harris St. by the Architects Office, PLLC. Motion to approve made by Commissioner Grace, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Stoddard ACTION ITEMS 4. Public Hearing for The Base Jiu Jitsu at Hickory (H-2023-0032) by The Base Jiu Jitsu, located at 2640 E. State Ave., STE 110 Approved A. Request: Conditional Use Permit for Suite 110 to include a 2,950 square- foot indoor recreation facility (martial arts studio) on 1.325 acres of land in the I-L zoning district. Motion to approve made by Commissioner Grace, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Stoddard 5. Public Hearing for New Horizon Academy (H-2023-0034) by CASCO, located at 2918 S. Meridian Rd. Approved A. Request: Conditional Use Permit for a one-story 10,000 square foot daycare for New Horizon Academy on 1.22 acres of land in the C-G zoning district. Motion to approve made by Commissioner Grace, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Stoddard ADJOURNMENT 6:36 P.M. --------------------------------------------------------------------------------------------------------------------- To view upcoming Public Hearing Notices, visit https://apps.meridiancity.org/phnotices --------------------------------------------------------------------------------------------------------------------- E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Changes to Agenda: Item #4: The Base Jiu Jitsu at Hickory (H-2023-0032) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.325 acres of land, zoned I-L, located at 2640 E. State Avenue, STE #110. History: A Certificate of Zoning Compliance and Design Review (A-2021-0021) to construct a 25,000-square-foot flex building. Comprehensive Plan FLUM Designation: Mixed Use – Non-Residential (MU-NR) Summary of Request: Conditional Use Permit request to operate an indoor recreation facility (martial arts studio) from Suite 110 (2,950 square-foot) in an existing 23,000 square-foot flex building. As discussed in Section V, the proposed martial arts studio is considered an appropriate use and meets the development guidelines listed for the MU-NR designation. The use is also consistent with the Planned Unit Development approved in 1991 for Gemtone Inc., which approved a mix of commercial and light industrial uses in the I-L zoning district. This use is proposed to be contained within an existing flex space building, as noted above. The tenant space for the martial arts studio will be approximately 2,950 square feet within an existing building with no exterior modifications proposed. The Applicant submitted a site plan showing the tenant space for the martial arts studio. Parking: Based on the proposed tenant space of approximately 2,950 square feet of gross floor area, a minimum of 3 off-street parking spaces are required with a total of 8 parking spaces being allocated to suite 110. The building and other site improvements are existing and include the off-street parking for the entire flex building. According to the submitted site plan showing the existing site conditions, a total of 49 parking spaces are provided, exceeding UDC standards. Based on the 8 parking spaces provided for this use, a minimum of one (1) bicycle parking space is required to be provided. Bicycle parking facilities were approved at the time of CZC submittal; the submitted plans depict the bike racks located on the west side of the flex building. Landscaping: A 10-foot wide street buffer is required to be provided along E. State Avenue, a local street, and a 20-foot wide street buffer is required along N. Hickory Avenue, a collector street, landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping is required per the standards listed in UDC 11-3B-8C. All required landscaping has been proposed and approved with previous approvals. Staff’s analysis of the approved landscape plan shows compliance with all applicable landscaping code sections. Building Elevations: The approved building elevations and perspectives were submitted for the flex building as shown. These elevations have already been approved through the administrative process and the building is already existing. The submitted elevations are for supplementary purposes only. Written Testimony: None Staff Recommendation: Approval with conditions listed in the Staff Report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0032, as presented in the staff report for the hearing date of August 3, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0032, as presented during the hearing on August 3, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0032 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #5: New Horizon Academy (H-2023-0034) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.22 acres of land, zoned C-G, located at 2918 S. Meridian Road. History: MDA 2019-119405, PP H-2019-0150, FP H-2020-0086 Comprehensive Plan FLUM Designation: Commercial Summary of Request: A 10,759-square-foot daycare center is proposed which is designed to accommodate a maximum of 159 children and 21 staff members. A daycare center requires Conditional Use Permit (CUP) in the C-C zoning district as set forth in UDC Table 11-2B-2 and is subject to the specific use standards listed in UDC 11-4-3-9. Childcare and early education is proposed to be provided for children age 6 weeks to Pre-K (4 years). The Applicant has not provided information on the proposed curriculum with this application. The proposed conceptual site plan approved with Development Agreement (Inst. #2019-119405) shows a parking lot designated for Lot 2, Block 1 in Victory Commons Subdivision No. 1. Staff believes that a modification to the development agreement is not necessary to allow the daycare, as the Applicant is providing a parking lot consistent with the plan and upgrading the pad site to include a building structure rather than merely using asphalt on the entire pad site. Staff finds these additions to be consistent with the updated conceptual development plan and uses approved with that application. Access: A right-in/right-out driveway access is proposed via S. Meridian Rd. at the northwest corner of this site as shown on the site/landscape plans consistent with that approved with the subdivision. The site plan illustrates a drive aisle running through the site, ensuring smooth site circulation and easy access for drop-off and pick-up. This area is separate from the main drive aisle for the development. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C-6 for non-residential uses which requires one (1) space per 500 square feet of gross floor area. Based on 10,759 s.f., a minimum of 22 spaces are required; a total of 35 spaces are proposed, including two (2) ADA compliant spaces. Although the proposed parking exceeds the minimum standards by thirteen (13) and the number of staff members on-site at any one time will likely fluctuate, Staff is concerned that if the facility is at full capacity and up to 21 staff members are on-site at any one time there may not be adequate parking or pick-up/drop-off area for the proposed use. Shared parking is established in the Victory Commons development, the Applicant has provided the written documentation to ensure there is adequate parking at peak drop of and pick-up times. Additionally, the parking stalls should contain wheel stops to prevent vehicle overhang in accordance with UDC 11-3C-5.B.3; or the buffer along the west boundary of the site next to the parking stalls and the sidewalk next to the building should be widened to a minimum of 7-feet to allow for 2 feet of vehicle overhang in accord with UDC 11-3C-5B.4 – parking stalls may be reduced to 17 feet in length; or, wheel stops may be provided in parking spaces to prevent vehicle overhang. Drop-off times usually span approximately 3 hours, starting at 6:30 am and ending at 9:30 am. Pick-up times also tend to extend from 4:00 pm to 6:00 pm. Fencing: The Applicant is proposing two fenced playgrounds with this application. The fence is proposed around the building; however, no details of the fence are provided on the plans submitted. The fence should be non-scalable, a minimum of 6-feet tall and provide screening of the play area. Staff recommends that the Applicant provide a detail of the proposed fencing with the plans submitted with the future Certificate of Zoning Compliance application Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C as shown. A 25-foot wide landscape buffer is required to be provided to adjacent residential uses in the C-G zoning district per UDC Table 11- 2B-3; landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-9C. There is an existing residential use situated to the east. Additionally, there is an existing 35-foot irrigation easement along the Kennedy Lateral. To address the typographical variations and adhere to the required 25-foot landscape buffer adjacent to the residential area, a rock retaining wall is proposed along the lateral. The submitted landscape plan appears to be in compliance with these standards. Street buffer landscaping along S. Meridian Rd. was completed with the Phase 1 subdivision improvements. Building Elevations: Conceptual building elevations were submitted for a single-story building as shown that incorporate a mix of materials consisting of James Hardie fiber cement lap siding, vintage wood architectural wall panel with stone cultured stone accents, metal roofing, and solar panels. Final design is required to incorporate some of the same or similar design elements and materials as those within the development agreement and shall comply with the design standards listed in the Architectural Standards Manual. Written Testimony: None Staff Recommendation: Staff recommends approval of the proposed conditional use permit with the conditions included in the Staff Report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0034, as presented in the staff report for the hearing date of August 3, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0034, as presented during the hearing on August 3, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0034 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 August 3, 2023 Item #4: The Base Jiu Jitsu at Hickory (H AERIAL MAPZONING MAPFUTURE LAND USE MAP PermitConditional use –0032) -2023- Approved Site & Landscape Plan Approved Elevations Item #5: AERIAL MAPZONING MAP FUTURE LAND USE MAP Conditional Use Permit0034)-2023-New Horizon Academy (H Site & Landscape Plan Elevations w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for The Base Jiu Jitsu at Hickory (H-2023-0032) by The Base Jiu Jitsu, located at 2640 E. State Ave., STE 110 Application Materials: https:Hbit.ly/H-2023-0032 A. Request: Conditional Use Permit for Suite 110 to include a 2,950 square-foot indoor recreation facility (martial arts studio) on 1.325 acres of land in the I-L zoning district. PUBLIC HEARING SIGN IN SHEET DATE: August 3, 2023 ITEM # ON AGENDA: 4 PROJECT NAME: The Base Jiu Jitsu at Hickory (H-2023-0032) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING August 3,2023 Legend t� DATE: Project Location TO: Planning&Zoning Commissiondi FROM: Linda Ritter,Associate Planner 208-884-5533 � - SUBJECT: H-2023-0032-The Base Jiu Jitsu at Hickory - -- LOCATION: 2640 E. State Avenue, STE#110 in the -' .�/ NE '/4 of Section 8,Township 3N.,RangeE 'AV E E P'I N'E�E% 1E. (Parcel#R3073781000) I. PROJECT DESCRIPTION Conditional Use Permit request to operate an indoor recreation facility(martial arts studio) from Suite 110 (2,950 square-foot)in an existing 23,000 square-foot flex building on 1.325 acres of land in the I-L zoning district. II. SUMMARY OF REPORT A. Project Summry Description Details Page Acreage 1.325-acre property Future Land Use Designation Mixed Use—Non-Residential(MU-NR) Existing Land Use Existing 23,000-square-foot flex building Proposed Land Use(s) Indoor Recreational Facility located in Suite 110(Martial Arts Studio) Current Zoning Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of May 20,2023 attendees: History(previous approvals) A Certificate of Zoning Compliance and Design Review(A- 2021-0021)to construct a 25,000-square-foot flex building. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Page 1 • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One(1)access via E. State Avenue(local street). All- Hwy/Local)(Existing and Proposed) access points are existing and approved from previous approvals(A-2020-0165)for the overall flex building. Existing Road Network Yes C. Project Area Maps Future Land Use Map Aerial Map Legend ,�cial EL IT 0 Legend ,lV Project Location Q General Project Location Q ` r Industrial MU-C O O u u LN w� N ♦ 2 Office = ' E'STATEA` N O E PINE AVE E PINE AVE E PINE AVE E PINE AVE MU-RG ,rk� Zoning Map Planned Development Map Legend ,� Legend o Project Location j } IQJProject Location �Q' z m City Limits 3 R-40 Planned Parcels p FREEM V I-L ��KttM U LN = LN E STATE AV ® — STATLi E AY E P'I N E AVE UP'I N E AV E E=P-IN:E=AV-E E7:R,I N:E=AV,E= C-G -L E COMMERCIAL ST L-0- Page 2 III. APPLICANT INFORMATION A. Applicant: Nenjamin Buttars,The Base Jiu Jitsu—201 N.Maple Grove Road,Boise, Idaho 83704 B. Owner: Shannon Robnett—950 Hickory QOF Limited Partners LLC C. Agent/Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 7/19/2023 Radius notification mailed to properties within 500 feet 7/14/2023 Public hearing notice sign posted 7/21/2023 on site Nextdoor posting 7/14/2023 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Mixed Use Non—Residential(MU-NR)on the Future Land Use Map (FLUM). The purpose of the MU-NR designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example,MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. The Applicant proposes to develop the site with an indoor recreation facility(i.e. an indoor martial arts studio)within a portion of an existing flex building. The flex building was approved under an administrative application(A-2021-0021)due to the existing industrial zoning and planned unit development in 1991 (through Gemtone CUP). The planned unit development approved in 1991 allowed numerous uses beyond just those typically allowed in the I-L zoning district. In the surrounding area,there is a church,professional offices, flex space, other warehousing uses, employment, and other indoor recreation facilities(i.e. K1 Speed&Flying Pickle). With the addition of the proposed martial arts studio next to offices and other indoor recreation facilities across the street, Staff believes the proposed indoor recreation facility should complement other uses in the surrounding area and provide opportunities for residents to recreate. Therefore, Staff finds the proposed use should be an appropriate use in the MU-NR FLUM designation for the reasons noted above. In reviewing development applications,the following items will be considered in MU-NR areas: (Staffs analysis in italics) • No new residential uses will be permitted(existing residential may remain).No residential uses are proposed. Page 3 • All developments should have a mix of at least two types of land uses. The overall MU-NR designated area does have a mix of uses; multi family to the west, warehouses, light industry, offices,flex space, and a church exist to the north and east of this site within the MU-NR area. • Development is not required to comply with the minimum number of uses in the general mixed- use standards.Noted. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code.No new streets are proposed. • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, food service/restaurants,industry, or warehouse uses.Noted. • A transitional use is encouraged on the perimeter of the MU-NR areas between any existing or planned residential development. The site doesn't abut any existing or planned residential development. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /g compplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Plan for an appropriate mix of land uses that ensures connectivity,livability, and economic vitality." (3.06.02) The proposed use will contribute to the mix of uses in this area and should add to the livability and economic vitality of the community. • Monitor and adjust the amount and mix of industrial, commercial, and office areas needed to meet the employment needs of the City."(3.06.01B) The proposed use will contribute to the mix of uses in this area; however, the desire for industrial and employment uses are diminished. • "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 subject mixed-use area currently contains office, church,flex space, warehousing, and an indoor recreation facility(KI Speed go-kart track&Flying Pickle—pickleball courts) in the warehouse on the property to the west. The proposed use will provide another recreational opportunity in close proximity to residential neighbors to the west thereby reducing vehicle trips and enhancing livability of the area. • "Preserve the industrial base within designated industrial land use areas by discouraging non- industrial uses and focusing on light manufacturing, distribution,flex-space, and base- employment."(3.07.01D) The proposed use is a non-industrial use requesting a CUP to occupy an industrial land use area approved for flex space. Staff has some concerns about approving another commercial use for an indoor recreation facility(martial arts studio) within the vicinity purposed for industrial uses. If approved, this would be the second such use in this building. • "Protect public health and safety by guiding growth and development away from hazardous areas that pose a threat to people and property."(4.10.00) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. • "Provide,partner, and preserve public and private indoor and outdoor recreation amenities for a diverse range of physical activities."(5.01.01 C) Page 4 The proposed indoor recreation facility offers opportunities for recreation through a martial arts studio to the public and will contribute to the range ofphysical activities offered in the City. VI. UNIFIED DEVELOPMENT CODE (UDC) The proposed use,an indoor recreation facility,is listed as a conditional use in the I-L(Light Industrial) zoning district per UDC Table 11-2C-2. Compliance with the dimensional standards listed in UDC Table 11- 2C-3 is required and are met because the proposed use is internal to an approved structure. VIL STAFF ANALYSIS As discussed above in Section V,the proposed indoor martial arts studio is considered an appropriate use and meets the development guidelines listed for the MU-NR designation.The use is also consistent with the Planned Unit Development approved in 1991 for Gemtone Inc.,which approved a mix of commercial and light industrial uses in the I-L zoning district. This use is proposed to be contained within an existing flex space building, as noted above. The tenant space for the martial arts studio will be approximately 2,950 square feet within an existing building with no exterior modifications proposed. The Applicant submitted a site plan showing the tenant space for the reality fitness gym. The proposed use is subject to the following Specific Use Standards(UDC 11-4-3-2) -Arts,Entertainment or Recreation Facility, Indoors and Outdoors: (Staff analysis in italics) A. General Standards: I. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet(100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. (Ord. 07-1325, 7-10-2007).No outdoor recreation areas are proposed; all activities will take place within the building. 2. No outdoor event or activity center shall be located within fifty feet(50')of any property line and shall operate only between the hours of six o'clock(6:00)A.M. and eleven o'clock(11:00) P.M.No outdoor events or activities are proposed. 3. Accessory uses including,but not limited to,retail, equipment rental,restaurant, and drinking establishments may be allowed if designed to serve patrons of the use only.Noted. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title.No outdoor speakers are proposed. B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely enclosed within a six foot(6)non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this code.Not applicable. C. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet(1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). No outdoor stage or musical venue is proposed. Access(UDC 11-3A-31: One(1)driveway accesse is depicted and approved on the overall site plan via E. State Avenue(local street). ACHD and the City has approved the location of the access driveway with the administrative approvals for the overall flex building(A-2021-0021). Page 5 Parking(UDC 11-3C): Based on the proposed tenant space of approximately 2,950 square feet of gross floor area, a minimum of 3 off-street parking spaces are required. As noted throughout the staff report,the building and other site improvements are existing and include the off-street parking for the entire flex building. According to the submitted site plan showing the existing site conditions,a total of 49 parking spaces are provided, exceeding UDC standards. Based on the 8 parking spaces provided for this use, a minimum of one(1)bicycle parking space is required to be provided. Bicycle parking facilities were approved at the time of CZC submittal; the submitted plans depict the bike racks located on the west side of the flex building. Because a vast majority of the area proposed for the martial arts studio a limited capacity, Staff does not have concerns on the number of parking spaces available for the proposed use. Sidewalks(UDC 11-3A-1 : There are existing 5-foot wide attached sidewalks along E. State Avenue and N. Hickory Avenue that meet UDC standards. Any damaged curb, gutter, or sidewalk is required to be replaced. Landscaping(UDC 11-3B): A 10-foot wide street buffer is required to be provided along E. State Avenue,a local street, and a 20-foot wide street buffer is required along N. Hickory Avenue, a collector street, landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping is required per the standards listed in UDC 11-3B-8C. All required landscaping has been proposed and approved with previous approvals. Staffs analysis of the approved landscape plan shows compliance with all applicable landscaping code sections. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C unless otherwise approved through alternative compliance. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-1IC. All outdoor lighting was approved with the CZC approval in 2021. However, any future business signage must comply with all standards outlined in UDC 11-3D. Building Elevations: The approved building elevations and perspectives were submitted for the flex building as shown in Section IX.D.As stated throughout this report, these elevations have already been approved through the administrative process and the building is already existing. The submitted elevations are for supplementary purposes only. VIII. 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 6 IX. EXHIBITS A. Site Plan(dated: 4/18/23) =DAM F T cn�1 IL4 W4 ;10 ------------- 52 ENLARGED QFFTCE PLAN NORTH Page 7 B. Approved Landscape Plan(dated: 9/3/2021) PLANTING SOIL NOTES - 'h PLC Sm F DLLE rm-_ m'-�'^�� ,r _ .c�•>r..r .�., aid gal al no GENERAL NOTES w.xm...L= =,,.....ed..e, e .• "tee — - - - —- -- —- - - - - -••Raff OF WAY LANDSCAPE NOTES__'e•••,,Y sg AI u..... . �, E MTE ..„..,e,e......... Jl�l LANDWVE PLAN -1 f;l V+.IVFR�,......W,....,a.n...2,...�.��....,p.,.�....�.d �� LANQ3GAPE SPECIFIGkTI0N5 u�as a ,M......... e e. m, .. s■ a e I g3EE3 EETi210 LOR�ESGN BJ r➢iRR rITKNiKOP/ARTONRN�� =•i I I� r L . • . ` Page 8 — C. Building Elevations(3/23/23) ADQ Q Q Q Q Q Q Q QAICIFECTURI Df51i�1SRLSPh I v Q Q}n" 0.............. x fga, S � Page 9 X. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant shall comply comply with the site plan, landscape plan,and building elevations approved with A-2021-0021 includng the modifications listed below. 2. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-2—Arts, Entertainment or Recreation Facility, Indoors and Outdoors,including but not limited to the following: • Accessory uses including,but not limited to,retail,equipment rental,restaurant, and drinking establishments may be allowed if designed to serve patrons of the use only, and not the general public. • All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet(100)from any abutting residential districts. The playing areas of golf courses,including golf tees,fairways,and greens,are an exception to this standard.(Ord.07-1325,7-10-2007). • No outdoor event or activity center shall be located within fifty feet(50) of any property line and shall operate only between the hours of six o'clock(6:00)A.M. and eleven o'clock(11:00)P.M. • Accessory uses including,but not limited to,retail,equipment rental,restaurant, and drinking establishments may be allowed if designed to serve patrons of the use only. • Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems",of this title. 3. 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 11-513- 6F. B. PUBLIC WORKS DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=300477&dbid=0&repo=MeridianCitX C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciLy.orglWebLinkIDocView.aspx?id=301358&dbid=0&repo=MeridianCiiy D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancioy.org/WebLink/Doc View.aspx?id=302777&dbid=0&repo=MeridianQty E. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.m eridia n c i ty.org/WeUink/Doc View.aspx?id=300730&dbid=0&rep o=Meridia n City Page 10 XI. 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. The site meets all the dimensional and development regulations of the I-L zoning district for the proposed use. Therefore, Staff finds the site is large enough to accommodate the proposed use. 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 use will be harmonious with the Comprehensive Plan in that it will provide an indoor recreation use which will contribute to the mix of uses desired in the MU-NR Comprehensive designation as desired. 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. Stafffinds the design, construction, operation and maintenance of the proposed use with the conditions imposed, should be compatible with other uses in the general vicinity but may moderately change the character of the area due to the limited I-L zoning within the City. 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 the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. Staff ,finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). Stafffinds the proposed use will not result in the destruction, loss or damage of any such features. Page 11 v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for New Horizon Academy (H-2023-0034) by CASCO, located at 2918 S. Meridian Rd. Application Materials: https:Hbit.ly/H-2023-0034 A. Request: Conditional Use Permit for a one-story 10,000 square foot daycare for New Horizon Academy on 1.22 acres of land in the C-G zoning district. PUBLIC HEARING SIGN IN SHEET DATE: August 3, 2023 ITEM # ON AGENDA: 5 PROJECT NAME: New Horizon Academy (H-2023-0034) 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 ��G�,('� ��'"'�'� �d G /�1 w• true s� �k 2 3 4 5 6 7 8 9 10 11 12 13 14 E IDIAN -- STAFF REPORT a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING August 3, 2023 E Legend WHITESPL10 DATE: nProject Location ST a 3 TO: Planning&Zoning Commission ii E EDMONDS oLn a Y FROM: Stacy Hersh,Associate Planner ST< W o�FWHIT EHALL J 208-884-5533 o SUBJECT: New Horizon Academy—CUP H-2023-0034 �' L 0 LOCATION: 2918 S. Meridian Road(Parcel #R9024770040). 9 7---VICTOW�-�RD- 1. PROJECT DESCRIPTION Conditional use permit(CUP) for a daycare center providing childcare for up to 159 children and 21 staff members on 1.22 acres of land in the C-G zoning district. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.22-acres Future Land Use Designation Commercial Existing Land Use I Vacant/undeveloped land Proposed Land Use(s) I Daycare center Current Zoning ' General Retail and Service Commercial District(C-G) Physical Features(waterways, Kennedy Lateral hazards,flood plain,hillside) Neighborhood meeting date;#of 5/18/2023 attendees: History(previous approvals) AZ-03-038;PFP-03-0007; CUP-03-071;MI-06-005 (Mussell Corner Sub.AZ—Development Agreement Inst. #104153422);(Addendum to Development Agreement Inst. #106155843) ;H-2019-0091 (DA modification Inst.#2019- 119405);Victory Commons PP H-2019-0150;FP H-2020- 0086 Page 1 A. Project Area Maps Future Land Use Map Aerial Map E Legend WHITE--SPUR 0 Legend 4Project Location ST Project Location D ONDS,O� 3 a ITEHALL STY I I - E a � ST w Z oLn —' Q m N a OC F `^ Z rn W 0 S D N Commercial `�� K- Ewer" =R anb Office �� E'VICTORY RDA High Density Residenfid Zoning Map Planned Development Map LLeegend RUT WHITESPUR 0 Legend W11'1 � 0 lProiect Location L O ST ¢ El Project Location ST ¢ 3 ` 3 .. .. E EDMONDSI � - \ , City Limits R8a a. R-8 Y / Planned Parcels Y F WHIT HALL STU ALL STD W 0 E -J W t� � MAEST RA 9� oo W m ST Z `n Z - o 0r R-4 3� LA R-4 w o w N N I Q /�'iG. \ oaoo_o Rip• \ TRUT � per_ E-VICTORY RD o aao �c�o��-- ,�E-VICTORY`R�Dm r R-15 a flo 00 III. APPLICANT INFORMATION A. Applicant: Angie Seguin, CASCO— 12 Sunnen Drive, Suite 100, St. Louis,MO 63143 B. Owner: Eric Isom,Kuna Victory, LLC 2194 Snake River Parkway, Suite 300, Idaho Falls,ID 83401 Page 2 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 07/19/2023 Radius notification mailed to 07/14/2023 properties within 500 feet Site Posting Date 07/21/2023 Next Door posting 07/14/2023 V. COMPREHENSIVE PLAN Land Use: The future land use designation for this property is Commercial—This designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail, restaurants,personal and professional services,and office uses, as well as appropriate public and quasi-public uses.Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design,connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The proposed use of a Daycare Center(more than 12 children) is a community-serving commercial use that fits within the future Commercial land use designation. The proposed use can serve both the immediate area and the nearby community at large. The proposed location is at the northeast edge of a commercial subdivision adjacent to single-family residential and across the street from multi family residential which functionally creates a mixed-use development despite the future land use designation not being such. The daycare use is a needed use throughout the City and providing it nearby higher density residential meets many of the City's desired outcomes for commercial development. Specific policies are noted and analyzed below but Staff finds the proposed use to be consistent with the Commercial future land use designation. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /comp-plan): 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 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).As noted, the subject area is not part of a mixed-use designation on our future land use map but this area has developed as a mixed-use area with a high-density multi family residential to the south, limited office to the north and west, and single-family residential to the east. Stafffinds that adding a daycare use in this location introduces an additional service to the Page 3 immediate area. Daycare facilities are commonly utilized by residents within multi- family, single-family, and nearby business communities. • `Encourage the development of supportive commercial near employment areas" (3.06.02C). The proposed daycare is not near an employment center but is part of a medium-sized commercial subdivision and nearby multiple residential developments. Furthermore, the remaining undeveloped properties within this commercial subdivision should contain additional employment opportunities making the location of this daycare to those future employers equally important. • "Locate smaller-scale,neighborhood-serving commercial and office use clusters so they complement and provide convenient access from nearby residential areas, limiting access to arterial roadways and multimodal corridors."(3.07.02B). The subject use is proposed adjacent to commercial, medium-density residential, and higher-density residential. This property has pedestrian access to the neighborhood to the west and the multi family development across the street via existing facilities that should help reduce vehicle trips and provide convenient access overall. In addition, the Applicant is not proposing any direct access to the adjacent arterial streets (Meridian Road& Victory Road)and is instead proposing internal access from existing facilities. • "Require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D). The proposed use should be both buffered and integrated into the existing neighborhoods, considering the existing landscaping and landscape buffers along S.Meridian Road and E. Victory Road, as well as the required 25 foot buffer adjacent to the residential district on the west. VI. STAFF ANALYSIS A 10,759 square foot daycare center is proposed in the C-G zoning district which is designed to accommodate a maximum of 159 children and 21 staff members.A daycare center requires Conditional Use Permit(CUP)in the C-C zoning district as set forth in UDC Table 11-2B-2 and is subject to the specific use standards listed in UDC 11-4-3-9. Childcare and early education is proposed to be provided for children age 6 weeks to Pre-K(4 years). The Applicant has not provided information on the proposed curriculum with this application. A modification to update terms of the existing Development Agreement(Inst. #106155843 & #104153422)for the purpose of updating the ownership information and boundaries of the subject properties. This modification is subject to new terms,modifications to existing provisions, and the addition of new provisions. As part of the approval,a new conceptual development plan was approved for the site(M-2019-0091). The proposed conceptual site plan approved with Development Agreement(Inst. #2019-119405) shows a parking lot designated for Lot 2,Block 1 in Victory Commons Subdivision No. 1. Staff believes that a modification to the development agreement is not necessary to allow the daycare,as the Applicant is providing a parking lot consistent with the plan and upgrading the pad site to include a building structure rather than merely using asphalt on the entire pad site. Staff finds these additions to be consistent with the updated conceptual development plan and uses approved with that application. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC II- 4-3-9—Daycare Facility,as follows: A. General standards for all child daycare and adult care uses,including the classifications of daycare center; daycare, family; and daycare, group. Page 4 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 proposes to provide childcare for up to 159 children; because the daycare plans to provide care for more than 12 children, it's classified as a daycare center. 2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe discharge and pick-up of clients. On-site vehicle pick-up,parking and turnaround areas are provided; however, there is a driveway going through the parking area that will serve as a frontage road to Meridian Road and will provide access to properties to the north and south. Employee parking is planned for the outer parking areas, while the parking spots closest to the entrance will be reserved for parent drop-off parking. Drop- off times usually span approximately 3 hours, starting at 6:30 am and ending at 9:30 am. Pick-up times also tend to extend from 4:00 pm to 6:00 pm. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The maximum number of allowable clients should be limited to those specified in this application (i.e. 159). 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. The Applicant shall provide this information to the Planning Division as required. 5. In residential districts or uses adjoining an adjacent residence,the hours of operation shall be between 6:00 a.m. and 11:00 p.m. This standard may be modified through approval of a conditional use permit.A residential use exists on the abutting property to the west, zoned R-4. However, the proposed hours of operation are Monday through Friday from 7:00 am to 6:00 pm, which will operate within the allowed hours in accordance with this standard. 6. Prior to submittal of an application for an accessory daycare facility in a residential district,the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-4.B of this title.Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred(100) feet of the exterior boundary of the subject property.Not applicable The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title,whichever is more restrictive. B. Additional standards for daycare facilities that serve children. 1. All outdoor play areas shall be completely enclosed by minimum six-foot non-scalable fences to secure against exit/entry by small children and to screen abutting properties. The Applicant is proposing two fenced playgrounds with this application. The fence is proposed around the building; however, no details of the fence are provided on the plans submitted. The fence should be non-scalable, a minimum of 6-feet tall and provide screening of the play area. Staff recommends that the Applicant provide a detail of the proposed fencing with the plans submitted with the future Certificate of Zoning Compliance application. 2. Outdoor play equipment over six(6)feet high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be Page 5 used after dusk. Compliance with these standards is required. C. Additional standards for family daycare facilities conducted as home occupation accessory uses. 1. In no way shall the family daycare emit lighting,noise, fumes, smoke, dust, odors, vibrations,or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in subsection 11-3D-8.B of this title. 2. Off-street parking shall be provided as set forth in section 11-3C-6 of this title,in addition to the required off-street parking for the dwelling. These standards are not applicable. Based on the above analysis, Staff deems the proposed use to be in compliance with the specific use standards as required if the Applicant complies with the conditions of approval in Section VIII.A. 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: A right-in/right-out driveway access is proposed via S. Meridian Rd. at the northwest corner of this site as shown on the site/landscape plans consistent with that approved with the subdivision. The site plan illustrates a drive aisle running through the site, ensuring smooth site circulation and easy access for drop-off and pick-up. This area is separate from the main drive aisle for the development. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 11- 3C-6 for non-residential uses which requires one(1) space per 500 square feet of gross floor area. Based on 10,759 s.f.,a minimum of 22 spaces are required; a total of 35 spaces are proposed, including two(2)ADA compliant spaces. Although the proposed parking exceeds the minimum standards by thirteen(13) and the number of staff members on-site at any one time will likely fluctuate, Staff is concerned that if the facility is at full capacity and up to 21 staff members are on-site at any one time there may not be adequate parking or pick-up/drop-off area for the proposed use. Therefore,if shared parking is established in the Victory Commons development,the Applicant shall provide written documentation to ensure there is adequate parking at peak drop of and pick-up times. The Applicant can submit the documentation with the future CZC application. Additionally, the parking stalls should contain wheel stops to prevent vehicle overhang in accordance with UDC 11-3C-5.B.3; or the buffer along the west boundary of the site next to the parking stalls and the sidewalk next to the building should be widened to a minimum of 7-feet to allow for 2 feet of vehicle overhang in accord with UDC 11-3C-5B.4—parking stalls may be reduced to 17 feet in length; or,wheel stops may be provided in parking spaces to prevent vehicle overhang. A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C. A bicycle rack capable of holding a minimum of one(1)bicycle is provided in accordance with this requirement and depicted on the site plan. A detail of the bicycle rack is also included on the plan that demonstrates compliance with the standards in UDC 11-3C-5C. Pedestrian Walkways: A continuous internal pedestrian walkway,measuring 5 feet and 6 feet in width,is implemented around the main building and entrance. This walkway ensures Page 6 interconnectivity to the urgent care facility located to the north and retail flex building to the south. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C as shown. A 25-foot wide landscape buffer is required to be provided to adjacent residential uses in the C-G zoning district per UDC Table 11-2B-3; landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-9C. There is an existing residential use situated to the east. Additionally,there is an existing 35-foot irrigation easement along the Kennedy Lateral. To address the typographical variations and adhere to the required 25-foot landscape buffer adjacent to the residential area, a rock retaining wall is proposed along the lateral. The submitted landscape plan appears to be in compliance with these standards. Street buffer landscaping along S. Meridian Rd. was completed with the Phase 1 subdivision improvements. Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. The site plan depicts screened trash standards for only one(1)trash enclosure shared between the daycare and the existing urgent care to the north.The developer has provided written documentation that this is a shared enclosure to use within the development. Building Elevations: Conceptual building elevations were submitted for a single-story building as shown in Section VII.0 that incorporate a mix of materials consisting of James Hardie fiber cement lap siding,vintage wood architectural wall panel with stone cultured stone accents,metal roofing,and solar panels. Final design is required to incorporate some of the same or similar design elements and materials as those within the development agreement and shall comply 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 building permit application to ensure consistency with the conditions in Section Vlll,UDC standards, design standards and the development agreement. VII. 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 7 VIII. EXHIBITS A. Proposed Site Plan nil e i i1� ' ••! \ .v�...� ..e..e�m _....�. CZ RE ME i8 Page 8 B. Proposed Landscape Plan e Y r L.1.a 171 M10 1�1.}dYx a rw10GClEILu6111G! � i o1 fdrf Eft IPEE T.1 SM.,B wB lff�fieaK �r cv.a wawM1W m ..wvvs.��.rcr. � •anr�e. � s '�/ :ernes s.exeueay..s� uc:m,..w. mwn..wvnevs..wm,ro..�m eeu.r uua��.r�u,ra,wu airr.um..crsemu,anmo r1 OM1MY61}K OfN:d (1 Tl =-- .-'� r\n lII — rl EGCOMTnY w[6GY!— ■� rr =x ,m• 3 S crvarc� x iwenn�° L.2.Q Page 9 C. Building Elevations =a Tt— ^4 hk'3i n.i NEW HORIZON ACADEMY MERIDIAN.ID MZ12023 Page 10 IX. 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(DA) (DA modification Inst. #2019-119405); Victory Commons PP H-2019-0150; FP H-2020-0086); and the conditions contained herein. 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. All outdoor play areas shall be completely enclosed by minimum six-foot non-scalable fences to secure against exit/entry by small children and to screen abutting properties in accord with UDC 11-4-3-913.1; depict fencing accordingly.Note: The Applicant shall provide a detail for the proposed fencing with the plans submitted with the future Certificate of zoning compliance Application. b. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. c. Depict wheel stops in the parking stalls on the site to prevent vehicle overhang in accordance with UDC 11-3B-5.B(3). 5. Compliance with the standards listed in UDC 11-4-3-9—Daycare Facility is required. 6. 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. 7. The maximum number of allowable clients shall be 159 as proposed with this application. 8. The business hours of operation shall be limited to the hours between 7:00 am 6:00 pm in accord with UDC 11-213-313. 9. Outdoor play equipment over six(6)feet high shall not be located in a front yard or within any required yard in accord with UDC 11-4-3-913.2. 10. 11. , If shared parking is established in the Victory Commons development, the Applicant shall provide written documentation to ensure there is adequate parking at peak drop of and pick-up times The Applicant shall submit the documentation with the future CZC application. 12. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual and with the Development Agreement. The Development Agreement requires the following architectural features:faux wood and metal panel accents with extra fenestration/windows to be incorporated in the commercial development. 13. 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 Page 11 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 https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=300902&dbid=0&repo=MeridianC iv C. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=301027&dbid=0&repo=MeridianC iv D. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=302017&dbid=0&r0o=MeridianC iv E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciN.org/WebLink/DocView.aspx?id=301457&dbid=0&r0o=MeridianC iv X. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-G zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed daycare center is harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VIII of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff ,finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section VIII of this report. 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. Page 12 Staff finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Staff finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features. Page 13