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2024-07-18
PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, July 18, 2024 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT Commissioner Maria Lorcher Commissioner Matthew Sandoval Commissioner Jared Smith Chairperson Andrew Seal ABSENT Commissioner Brian Garrett Commissioner Enrique Rivera Commissioner Patrick Grace ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Commissioner Smith, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Lorcher, Commissioner Sandoval, Commissioner Smith, Chairperson Seal 1. Approve Minutes of June 20, 2024 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for Black Rock Coffee (H-2024-0011) by CSHQA, located at 776 N. Cliff Creek Ln. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 3. Public Hearing for Blayden Subdivision (H-2023-0043) by Bailey Engineering, located at the south side of W. Chinden Blvd. and west side of N. Black Cat Rd. Recommend Denial to City Council Application Materials: https://bit.ly/H-2023-0043 A. Request: Annexation of 38.58-acres of land with R-8 (5.90), R-15 (1.83- acres), R-40 (16.71-acres) and C-G (14.15-acres) zoning districts. B. Request: Conditional Use Permit for a multi-family development consisting of 312 dwelling units on 16.71-acres of land in the R-40 zoning district. C. Preliminary Plat consisting of 15 building lots, 7 common lots, 1 drive/parking lot and 3 other lots for future development on 35.29-acres of land in the R-8, R-15, R-40 and C-G zoning districts. Motion to recommend denial to council made by Commissioner Lorcher, Seconded by Commissioner Smith. Voting Yea: Commissioner Lorcher, Commissioner Sandoval, Commissioner Smith 4. Public Hearing for The Gateway at 10 Mile (H-2024-0010) by KM Engineering, LLP., located at NE corner of W. Franklin and N. Ten Mile Rd. Continued to rd October 3, 2024 Application Materials: https://bit.ly/H-2024-0010 A. Request: Conditional Use Permit for 390 multi-family units in the R-40 zoning district. B, Request: Preliminary Plat consisting of 31 buildable lots and 3 common lots on 38.99 acres of land zoned C-G and R-40. Motion made to continue to October 3, 2024 by Commissioner Smith, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Lorcher, Commissioner Sandoval, Commissioner Smith, Chairperson Seal 5. Public Hearing for The Bruery (H-2024-0013) by Ball Ventures Ahlquist (BVA), located at 1184 S. Silverstone Way Approved Application Materials: https://bit.ly/H-2024-0013 A. Request: Conditional Use Permit to allow a drinking establishment occupying 1,829 sq. ft. within an existing 11,000 sq. ft. shell building in the Eagle View Retail East Building with 5,287 sq. ft. of fenced in outdoor patio area. Motion to approve made by Commissioner Smith, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Lorcher, Commissioner Sandoval, Commissioner Smith, Chairperson Seal 6. Public Hearing for Firenze Plaza (H-2024-0007) by Aaron Zuzack, Browman Development Company, Inc., located at 3182 E. Mount Etna Dr. Recommend Approval to City Council Application Materials: https://bit.ly/H-2024-0007 A. Request: Modified Development Agreement to modify the existing development agreement (DA) (Inst.#2017-041827) to include new owner's information and revised concept plan for the four (4) commercial lots north of E. Mount Etna Dr. B. Request: Conditional Use Permit for a 3,320 sq. ft. bank with a drive- through for an automatic teller machine (ATM). Motion to recommend approval made by Commissioner Smith, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Lorcher, Commissioner Sandoval, Commissioner Smith, Chairperson Seal 7. Planning and Zoning Commission Elections Motion made to nominate Maria Lorcher as Chairperson by Chairperson Seal, Seconded by Commissioner Smith. Voting Yea: Commissioner Lorcher, Commissioner Sandoval, Commissioner Smith, Chairperson Seal Motion made to nominate Jared Smith to Vice-Chairperson by Chairperson Seal, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Lorcher, Commissioner Sandoval, Commissioner Smith, Chairperson Seal ADJOURNMENT 8:52 PM --------------------------------------------------------------------------------------------------------------------- To view upcoming Public Hearing Notices, visit https://apps.meridiancity.org/phnotices --------------------------------------------------------------------------------------------------------------------- Meridian Planning and Zoning Meeting July 18, 2024. Meeting of the Meridian Planning and Zoning Commission of July 18, 2024, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Commissioner Andrew Seal, Commissioner Maria Lorcher, Commissioner Jared Smith, and Commissioner Matthew Sandoval. Members Absent: Commissioner Patrick Grace, Commissioner Enrique Rivera and Commissioner Brian Garrett. Others Present: Tina Lomeli, Bill Parsons, Sonya Allen, Linda Ritter and Dean Willis. ROLL-CALL ATTENDANCE Brian Garrett X Maria Lorcher X Matthew Sandoval Patrick Grace Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: Good evening. Welcome to the Planning and Zoning Commission meeting for July 18, 2024, and at this time I would like to call the meeting to order. The Commissioners who are present for this evening -- evening's meeting are at City Hall and on Zoom. We also have staff from the city attorney and clerk's offices, as well as the City Planning Department. If you're joining us on Zoom this evening we can see that you are here. You may observe the meeting. However, your ability to be -- to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take any questions until the public testimony portion. If you -- if you have any process questions during the meeting, please, e-mail cityclerk(a)_meridiancity.org and they will reply as quickly as possible. With that we will begin with roll call. Madam Clerk. ADOPTION OF AGENDA Seal: All right. So, first item on the agenda is the adoption of the agenda. We have two items on here. The -- the application for the Gateway at Ten Mile, which is File No. H-2024-0010, will be opened for the sole purpose of continuing to another regularly scheduled meeting in the future. It will be opened for that purpose only. So, if anybody is here for the Gateway at Ten Mile we will not be taking public testimony on that this evening. We are also going to move Item No. 3 to the end of the agenda this evening. With that can I get a motion to adopt the agenda as amended? Smith: So moved. Lorcher: Second. Meridian Planning&Zoning Commission July 18,2024 Page 2 of 53 Seal: It's been moved and seconded to adopt the agenda. All in favor please say aye. Opposed nay? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of June 20, 2024 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for Black Rock Coffee (H-2024- 0011) by CSHQA, located at 776 N. Cliff Creek Ln. Seal: Next item on the agenda is the Consent Agenda and we have two items on the Consent Agenda. We need to approve the minutes of the -- of the June 20th, 2024, meeting of the Planning and Zoning Commission meeting. We also have Findings of Facts, Conclusions of Law for BlackRock Coffee, H-2024-0011. Can I get a motion to accept the Consent Agenda as presented? Smith: So moved. Lorcher: Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: We will get back to that one. All right. So, at this time I would like to briefly explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the items adhere to our Comprehensive Plan and Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. After the applicant is finished we will open the floor to public testimony. Each person will be called on only once during the public testimony. The clerk will call the names individually of those who have signed up in advance to testify. You will need to state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting it will be displayed on the screen and will -- and you will run the presentation with assistance from the clerk if needed. If you have established that you are speaking on behalf of a larger group, like an HOA, where others from that group will allow you to speak on their behalf, you will have up to ten minutes. After all those who have signed up in advance have spoken we will invite any others who may wish to testify. When you are finished if the Commission does not have Meridian Planning&Zoning Commission July 18,2024 Page 3 of 53 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 generally do not call people back up. After all testimony has been heard the applicant will be given another ten minutes to come back and respond. When the applicant is finished responding to questions and concerns we will close the public hearing and the Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 3. Public Hearing for Blayden Subdivision (H-2023-0043) by Bailey Engineering, located at the south side of W. Chinden Blvd. and west side of N. Black Cat Rd. A. Request: Annexation of 38.58-acres of land with R-8 (5.90), R-15 (1.83-acres), R-40 (16.71-acres) and C-G (14.15-acres) zoning districts. B. Request: Conditional Use Permit for a multi-family development consisting of 312 dwelling units on 16.71-acres of land in the R-40 zoning district. C. Preliminary Plat consisting of 15 building lots, 7 common lots, 1 drive/parking lot and 3 other lots for future development on 35.29- acres of land in the R-8, R-15, R-40 and C-G zoning districts. Seal: So, at this time I would like to open the public hearing for Item No. H-2023-0043 for Blayden Subdivision. We will begin with the staff report. Allen: Thank you, Mr. Chair, Members of the Commission. Give me just a moment here and I will get the presentation up. Alrighty. The applications before you tonight are a request for annexation and zoning, preliminary plat and a conditional use permit. The property consists of 35.29 acres of land, zoned RUT in Ada county, and is located off the southwest corner of North Black Cat Road and West Chinden Boulevard, State Highway 20-26. The Comprehensive Plan future land use map designation for this property is mixed-use regional on the northern 25 acres and medium density residential on the southern 20 acres. The applicant -- okay. So, the applicant is requesting to be allowed -- are we good, Dean? Okay. I normally talk loud. That usually isn't an issue. I don't want to blast your ears out and everybody else in the room. The applicant is requesting to be allowed to use the abutting mixed-use regional future land use map designation on 50 percent of the medium density residential designated area and you can see by the diagram right here, the 50 percent the applicant is wanting to be applied to this bottom portion right here. The comp plan does allow for such requests when determined appropriate and approved as part of a public hearing with a land development application. The applicant believes this extension of the mixed-use regional designation on five of the ten acres of the medium density residential F Meridian Planning&Zoning Commission July 18,2024 Page 4 of 53 designated area will allow for an ideal and suitable mix of commercial uses near major transportation arterials. The applicant is requesting annexation of 38.58 acres of land with 5.9 acres of R-8, 1.83 acres of R-15, 16.71 acres of R-40 and 14.15 acres of C-G zoning for the development of 312 multi-family apartment units, ten townhome units and four commercial lots. A holding area is proposed on the southern portion of the annexation area for future development. A portion of this area is where the applicant requests the MUR future land use map designation is extended with C-G zoning for future development of a mid-box retail building and an office park as shown on the proposed concept plan. Staff is requesting the applicant revise the concept plan for the holding area to swap places with the mid box retail store and the office use and I don't know if you can see -- it's kind of faint on this -- this drawing, but the mid box is right here and staff is asking him to put it over here in the office use over here instead, so that the retail store is situated along Black Cat Road and the office use is located internal adjacent to the future single family residential uses for a better transition and land uses and consistency with the concept diagram in Figure 3D of the Comprehensive Plan. Staff also recommends a change to the zoning in this area from C-G to L-O for the office park, which will provide a better transition and zoning and result in a development that's more compatible with adjacent residential uses form wise, as well as with the hours of business operation. Staff is also recommending changes to the concept plan to include the following: The relocation of the plaza area on the south side of Ramblin further to the south in a more central location for the future office park away from the collector street for better integration and access. Details for the plaza and open space areas in the commercial portion of the development on the north side of Ramblin to demonstrate consistency with the mixed-use guidelines in the comp plan that require such areas to be centers of activity and be activated with permanent design elements and amenities integrated into overall development, interconnected with meaningful points of interest, prioritization of pedestrian infrastructure, highly visible and accessible and designed to enhance both the adjacent uses and the larger mixed-use area. That's a little better picture of the concept plan. I should have had that up a moment ago. A preliminary plat is proposed for 15 building lots consisting of one multi- family lot, ten house -- ten townhome lots and four commercial lots, seven common lots, one driveway parking lot and three other lots for future re-subdivision and development consisting of one commercial and two single family residential lots on 35.29 acres of land in the R-8, R-15, R-40 and C-G zoning districts. The subdivision is proposed to develop in five phases with the multi-family residential development and townhomes in the first two phases. The commercial on the north side of Ramblin in the third phase. The commercial in the holding area on the south side of Ramblin in the fourth phase and the single family residential in the holding area in the last phase. In order to ensure some services are available for the proposed residents in this area prior to full build out of the residential area staff is recommending a change to the phasing plan to swap phases two and three and that is the residential right here and the commercial right here. All of the existing homes and accessory structures and access driveways to Chinden, Black Cat and Larry Lane, will be removed prior to development of the phase in which they are located. Access is proposed via one new collector street, Ramblin Drive, in accord with the master street map. Ramblin will run parallel with Chinden and eventually connect to Rustic Oak to the west with development of Prescott Ridge F Meridian Planning&Zoning Commission July 18,2024 Page 5 of 53 Subdivision and the school to the south. Ramblin will function as a backage road providing connectivity and access to all properties fronting the state highway in this area. ACHD is requiring a southbound right turn lane on Black Cat at the Ramblin- Black Cat Road intersection. A traffic signal is planned at the Rustic Oak-Chinden intersection for safe access from the state highway. A temporary emergency access only is proposed via Chinden Boulevard until such time as Ramblin is extended to Rustic Oak in the future. Permanent access is prohibited. Staff is recommending the emergency access is relocated to the west boundary of the site in order to comply with the noise abatement standards in the UDC, which prohibit breaks in the berm and wall along the state highway. Cross-access, ingress-egress easements, are required to be granted to the out parcel at the northeast corner of the site for future access and interconnectivity. A 35 foot wide street buffer is required along Chinden and Black Cat, both entryway corridors, and a 20 foot wide buffer is required along Ramblin, landscaped in accord with UDC standards. Noise abatement in the form of a four foot tall berm with a six foot tall concrete modulated wall on top of the berm is proposed at the back edge of the street buffer along Chinden as required for residential uses adjoining a state highway. A ten foot wide detached multi-use pathway exists within the buffer along Chinden Boulevard. A ten foot wide detached pathway is required within the buffer along Black Cat as proposed in accord with the path -- pathways master plan and a ten foot wide pathway is proposed along the collector street for pedestrian safety. The existing trees that will be removed from the site require mitigation in accord with UDC standards. Concept elevations were submitted for the proposed townhomes as shown. Concept plans were not included for the future commercial buildings. All structures, except for single family residential detached homes, are required to comply with the design standards in the Architectural Standards Manual. A conditional use permit is proposed for a multi-family development consisting of 312 dwelling units on 16.7 acres of land in the R-40 zoning district. A mix of one, two and three bedroom units are proposed in three story structures. Three different types of building floor plans are proposed as follows. There are four of the Type A building, which contains a total of 30 units each, four of the Type B building, which contains a total of 24 units each and eight of the Type C building, which contains a total of 12 units each. As previously mentioned the multi-family development is proposed to be constructed in two phases. The UDC requires common open space to be provided in each phase of development consistent with the requirements for the size and number of dwelling units. Two driveway accesses via Ramblin are proposed along the southern boundary of the site with an emergency access via Chinden. Internal private streets are required to be provided for addressing purposes. And let me go back to the site plan real quick. The emergency access is proposed right here where my arrow is if you can see that and as I mentioned earlier staff is just requesting that it be moved over here to the west boundary. Compliance with the specific use standards in the UDC for multi-family residential developments is required, which includes private open space, common open space, site amenities, parking and landscaping among other things. A minimum of 80 square feet of private usable open space is required for each unit. Eighty-two square feet is proposed exceeding the standard. Based on the area of the site and the square footage of the proposed units, a minimum of 3.46 acres of common open space is required to be provided within the development. A total of 3.58 acres is proposed Meridian Planning&Zoning Commission July 18,2024 Page 6 of 53 exceeding the standard consisting of half of the street buffer along Chinden, a dog park, common area where clubhouse, swimming pool and tot lot are proposed and linear open space that meets and exceeds the minimum area standards. Staff is recommending revisions to the site plan prior to the Council hearing for the common areas proposed along the southern boundary where the dog park, clubhouse and swimming pool and tot lot are located along the collector street to be relocated to a more central location within the development accessible by pathways for convenient access and for more visibility of these areas from the multi-family units in accord with open space and CPTED standards. A number of site amenities are required for a development based on the size and number of units in the multi-family developments. For developments more than one hundred units, such as this, the decision making body shall require additional amenities beyond the four required for developments with 75 units or more, commensurate with the size of the proposed development, with at least one from each category, i.e., the quality of life, open space, recreation and multi-modal categories. The following amenities are proposed from each of the following categories: Quality of Life. A clubhouse, which includes a fitness facility and a dog wash station and a dog park with a waste station is proposed. From the open space category, four community garden areas, plazas and five picnic areas, including tables, benches and landscaping and a shade structure are proposed. From the recreation category a swimming pool, children's play structure, tot lot, walking trails, pathways are proposed and, lastly, from the multi-modal category, a bicycle repair station and enclosed bicycle storage in the clubhouse. Staff is of the opinion the proposed amenities meet and exceed the standards. Off-street parking is proposed in excess of UDC standards. A minimum of 679 spaces are required, including guest parking and covered spaces. A total of 693 spaces are proposed. Bicycle parking is also proposed for each building and clubhouse in excess of the minimum standards. Conceptual elevations and perspective drawings of views from Chinden were submitted for the multi-family structures as shown. Written testimony has been received from the following folks. Matt and Ashley Neukom and John Bartlett, the third, and Vicki Bartlett. They are requesting denial of the project based on the development requirements in the CC&Rs for Compton Subdivision No. 2, which require minimum one acre lot sizes within the subdivision among other things. Brooke Neilson requests denial of the proposed multi- family development due to the overcapacity of various schools and traffic flow in this area not able to accommodate so much housing. Wade Ramsey, the HOA president of Bainbridge Subdivision to the east, concern pertaining to traffic cut through -- through Bainbridge to the commercial uses to the east on Ten Mile Road. Southbound traffic on Black Cat Road and congestion during peak hours. Request for a traffic signal or roundabout to alleviate congestion. Concern pertaining to safety of children traveling to the nearby elementary school with construction of sidewalks on this property, but no sidewalks along Black Cat for approximately 500 feet in between the subject property and the school. The Bainbridge HOA board representing its owners opposes this project until infrastructure improvements are made to accommodate the proposed development and, lastly, Stephanie -- I'm going to pronounce this wrong, probably, but Labastida -- opposed to the development due to the negative impacts on the quality of life of residents in the Trilogy Subdivision to the east due to increased traffic volumes and speeds and associated safety hazards for children who live in that area. Noise Meridian Planning&Zoning Commission July 18,2024 Page 7 of 53 congestion and increased activity in the area. Preference for this area to develop with solely residential uses rather than mixed-use with commercial and desire for commercial uses to be provided further to the west. Staff is recommending approval with the requirement of a development agreement per the conditions and revisions noted in the staff report. The applicant is here tonight to present. Thank you. Seal: Thank you very much. Would the applicant like to come forward? Good evening, sir. Need your name and address for the record, please. Bailey: Thank you, Mr. Chairman, Commissioners. My name is David Bailey with Bailey Engineering. Office address is 1119 East State Street in Eagle representing Trilogy Development for the Blayden Subdivision. Thanks for the time tonight and thanks, Sonya, for the complete thorough staff report on this and then -- can I use this to advance this? Use the keyboard or use the mouse? I'm not really technologically challenged, but these always beat me up. There. It works. Okay. So, we are here for the Blayden Subdivision tonight and just give a little back history on this, as we actually started working on this project in 2020 -- in the beginning of 2020 and you will notice that it has a 2023 number with the city, but in my office it has a 2020 number associated with it. In that three years in between we were trying to get a layout that worked. We worked with the staff, we made several submittals to the city, we have been through -- I couldn't tell you how many pre-applications and meetings and reversals on this with the city trying to figure out how we are going to make this happen. So, we got to this point, you know, last year and here we are a year out, we had a few setbacks in between and I think we have a great product here that's ready for the city to look at. I would point out that in the meantime -- did we lose something there? Can we -- so, on this slide here we can see there is a general area. The green area is stuff that's annexed into the city already and so this and the Compton Subdivision to our south form -- and the nursery, which is to our west, forms the -- an enclave now within the city limits, completely developed around this with the Trilogy Subdivision, Bainbridge, the Church and the -- and the Baron multi-family project to the northeast, the single family and commercial to the northwest or to the north of the site here and, then, we have the school site to the southwest -- southwest there with the project. So, we are zoned mixed-use regional and we -- so, we -- most of what we have been going back and forth with the city on is how do we develop this site to conform with the mixed-use regional plan on this and make sure that we have enough reserved for the regional needs of the area and comply with the other restrictions we have with the site and the biggest problem we have -- if you want to say that -- is -- is Ramblin, which is a backage road. It's -- it's a really great road that -- that needs to be in there. It provides access between Levi Lane and -- and Black Cat, so we don't have to have any other accesses on Chinden, which is a great thing we need there. But it does split the site in half and make it so that there is no piece of this site that is remaining that we could put a big box use on. So, we have evaluated Lowe's and Home Depot and, of course, there is already Winco, Costco, Walmart within the area around here, but we have looked at those two as well. Target is actually a big box, the same size as a Home Depot, to put on this and so the -- the -- the uses that are available to us are the mid box, which would be Walgreens or a Bi- Mart or there is other stores. Grocery stores don't really fit here and we have, in fact -- Flo Meridian Planning&Zoning Commission July 18,2024 Page 8 of 53 we have -- with the developer and the realtors talked to a bunch of these folks as well. So, how are we going to fulfill the need for this mixed-use regional and we are also struggling with the idea that we don't have the northeast corner of the property to plan. So, we do have a conceptual plan for that and we have had discussions with the owner of that property as well, but it's not something that -- that we see as near future, but we do want to make sure we are reserving the area within this thing. So, the area and the developer feels it's appropriate and we feel it's appropriate to -- to have a -- a significant multi-family use within the site and the area that we are proposing that multi-family use is the most appropriate for this site. We cannot put a big box there, because the commercial road, Ramblin, as stated by ACHD, will never be signalized. So, we cannot get access to that that we could actually -- we could leave it open, but it will never be built with that kind of use on it in the future. In addition, it's across from the school on this site, so we feel that the residential multi-family use is the best use for the site. We are reserving over half of the site for -- or approximately half of the site for the commercial uses that -- that we need -- we know need to go there. We are totally in favor of moving that mid box adjacent to Black Cat and moving that office space to the west and that area there and that looks -- looks like the city's cut sheets for this where we have the -- the C-G use and the L-O use and, then, the single family use to the southwest of the project. So, with that -- I won't go over all the numbers again. I think -- I think that -- that -- that Sonya did a -- did a great job of that and -- but I will -- do want to cover a few other things. So, the city agency comments and conditions -- I don't know what I got for time here. Seal: About ten minutes. Bailey: Excuse me? Seal: About ten minutes. Bailey: About ten minutes -- ten more minutes. Great. Thank you. I talk too much and run out of time and I don't want that. So, of the city agency comments and conditions -- so, the conditions that -- that the staff is suggesting that we do on here, the -- shifting the mid box and retail we are totally in agreement with that requirement and we submitted a revised zoning map to support that. The -- the footprint that we are showing there now is a Walgreens -- is the last one I put in there and that certainly works in the other location as well and, then, office around that. Relocate the plaza in the holding area on the south side of Ramblin further to the south and we are totally in favor of that. That is actually a parcel that has an existing house on it, so that's where we -- we put it. But we fully intend to come in with a complete plan for all of the commercial at a later date and we will move that to be a more central -- centrally located -- I think that's -- it's not actually showing on this -- on this map here. Will it actually show up when I touch that? What's that? Where? I am. Yeah. Okay. Thank you. Okay. So, we do have a -- I guess I will get into that that right now is there -- there is a -- on the open space on this we have met all the requirements for the open space. We have been very intentional about the open space within the multi-family and on preserving it for the future and so we are showing here adjacent to the multi-family 11 1 Meridian Planning&Zoning Commission July 18,2024 Page 9 of 53 there is two -- on the east side of that there are two office lots and a coffee shop on the southeast side and in between there there is a plaza and on this big site plan that may look kind of small -- it's sitting on there, but I would point out that that is actually 20 percent bigger than Generations Plaza across from -- across from the city here in the northeast corner and the -- the landscape plan we have drawn here, it will be a similar type improvement to the Generations Plaza that's right in the city -- city -- center of Meridian. This is intended with the office buildings there to set the tone to tie the residential to the -- to the multi-family. Excuse me. The -- the commercial to the multi- family as is specified by the Comprehensive Plan and the cut sheets for this area. So, we want to set that precedent that that's there and, then, we do want to provide for two more open spaces -- gathering spaces within the commercial area that are a gathering space and, then, another one to the south of this adjacent, probably closer to the -- to the -- to the office space that -- that's on there in that end. But we would have to come in with a different plan for that. So, that's relocate. We are -- we are okay with that. Submit the details for the plaza as open space areas in the commercial portions, demonstrate they will be integrated centers of activity and we are in agreement to do that, it's just we are not in a place to do that now, with the exception of the plaza, which we are -- have detailed and actually it gets built in the first phase of this project. So, that plaza and the two office buildings -- and I think we have an error in our phasing plan, because the -- the coffee shop is intended to be in the -- in the first phase. So, we would have those amenities there and the plaza area fully constructed in the first phase of the project. Next one is relocate the common areas in the multi-family portion of the development where dog park, clubhouse, swimming pool are located -- to be more centrally located and, again, we were very intentional about how this is set up to have these central to that, but away from Chinden and to provide a separation. We do have a 20 foot buffer from the commercial collector street to be landscaped. We don't think it's a safety hazard. And, then, we are across from the school in this area here. So, we feel that a separation from school to the apartments and the apartments to the school, this is a great spot to do that and as far as centrally located, we would be talking about 150 or 200 feet difference if we just move this to the north and that does not provide a barrier to movement by our residents to go to the -- to the common area. Also provides that -- since that will be the leasing center and the center of business at the -- at the apartment complex, that we have less traffic through the subdivision for that purpose, having it here. So, we would like to keep that where it is. We think that's a great spot -- great spot for it and on the west end we tie into that linear space with the dog park, which -- which makes both of those more useful in that area. Revised legal description and exhibit maps for the L-O and C-G zone. We are in agreement with that and, then, revise the preliminary phasing plan to reflect phases two and three being swapped and -- and we are opposed to that condition. We will build a significant chunk, including the plaza of the commercial with the first phase. We don't feel that there is going to be a demand for any of the commercial -- anymore of the commercial for some time after that and we are actively searching for tenants -- possible tenants for that and -- and looking what we will do. We will probably come back with a significantly different plan at some point. May include the corner on this, but we have reserved all that, so that it will be the commercial in the future. But we would like to get the apartments built. We think this -- this is the final use of this area and -- and we would like to move forward with that as we F12 Meridian Planning&Zoning Commission July 18,2024 Page 10 of 53 go along. Talk through a few more of these. Oh. She talked about the layout of the multi-family and that's the phasing plan we talked about. The holding area here -- and I guess this is a good time as any to talk about the Compton Subdivision. So, within the Compton Subdivision there are, in fact, five lots and this developer has these two lots and owns another lot within the Compton Subdivision. The Bartletts own the six acres to the south of Larry Lane and Mr. Neukom to the west of this five acres here. We are fully aware that there is a restriction in the CC&Rs. We have talked to them about it before. We messed it up one time and re-adjusted some lots for the purpose of keeping existing homes there while we are working on the development, which we have since corrected. We believe that this plan -- and we have consulted with the -- with the attorney -- the developer's attorney on this. We believe that this plan is not in violation of the CC&Rs and we believe that the appropriate forum to determine that is in a court and certainly they have that. But we don't think that it's appropriate to say that we can't make plans for the future of this property and that we can't propose something that's consistent with the laws and conditions -- ordinances of the -- of the city to do that. We are subdividing this into lots that are greater than one acre. We probably would not -- we have phase four and phase five on here. So, we would probably not even move forward with any of those -- those plats until such time as this condition was resolved with the -- with the neighbors in this area. And -- and so we -- we think this is fully consistent with -- with what they are doing there and they -- they have a different opinion on that and, as I said, we -- we -- we feel that the -- the proper place to adjudicate that is in court and that we are presenting a plan that is very consistent with what the city is asking us to do in this area and -- and we will either get there eventually or we won't with that piece of it. In the meantime we think it's reasonable to develop this in accordance with the -- with the plan we have proposed for the -- for the residential portion of this and, then, for the commercial as well to the north and we can see better things for this, but this is -- this is a good plan as is, if we could move forward with this and we have users for this -- definitely would move forward in that direction. Let's see. Again, this switching the mid box and office park we are fine with. So, traffic on this -- so we do have a traffic study. We have comments from ITD and from ACHD on this. Improvements to Black Cat Road are certainly necessary. We are required by ACHD to do a southbound right turn lane into the project at Ramblin for this. We also connect to the west on this, which gets to the -- to the point of Mr. Ramsey I think on there is that a lot of this traffic that wants to go east out of these apartments on to Chinden would go out to Levi Lane and out to -- out to Chinden in -- in the long run and, then could go south on Black Cat. That said, the improvements on Black Cat at the intersection of Black Cat and Chinden and the roundabout at McMillan and Black Cat are in the -- in the ACHD's five year work plans -- or at least portions of all of those are in the -- in the five year work plan for -- so, we expect those improvements be done. If they were required of this development we would do them. We will do the right turn lane. But we expect the other improvements to get done to provide that connectivity, the sidewalks and everything working properly on -- on Black Cat for this project. We do have a letter from the school district. They do have slight overcapacity and overcapacity in one of the elementary schools that they have there, that they do have some capacity in the middle school and -- and the site on here -- middle and high schools, the site that's shown on here is owned by the school district. They don't have any specific plans on it 13 Meridian Planning&Zoning Commission July 18,2024 Page 11 of 53 yet, but that will be a middle school at some point in the future. So, we have been in contact with them on that. We have also talked to them about road -- sharing the cost of building that road in front of the school, so -- and providing proper access to the property there, so that they can get into that when there is time -- time to do that. I did want to get into some of these renderings. The townhouses are a small component of this, but we feel they should be consistent and match with what we have there. This is the apartments as seen from Chinden and the staff did have some concern about the proximity of the -- of the project from Chinden. We do have quite a big buffer in there. We will build another buffer with a berm. Then we have the sidewalks -- or, excuse me, our parking lot in between that's hidden from Chinden. So, we feel that -- that this will be a really great view from Chinden. We have the buildings -- you know, some of them end on -- into that -- into that look there, so you are not looking straight out onto -- onto Chinden from the windows of those. We feel it will be a good thing. We are fine with moving that emergency access to -- Seal: Okay. Mr. Bailey, your -- your time is up, so if you could wrap up pretty quick we would appreciate that. Bailey: Just a couple quick more is the apartments. So, these are -- these are really neat apartments and -- and we have shown -- shown these areas where we have these plazas that are mixed in with the buildings, garden areas within that, you know, walking and circulation throughout the apartments we really feel is -- is a really nice look and some really nice looking buildings we have here. Large pool and -- and clubhouse -- interior workout center, clubhouse, amenities are significant with the project and that's what I have. So, thank you much for your time. I would be glad to answer any questions. Seal: Thank you very much. Commissioners, do we have any questions for the applicant or staff? Commissioner Smith, uh-huh. Smith: Yeah. So -- so curious about the discussion of -- of open space integrated within the -- within the development -- within that multi-family. Looking at some of the renderings, even some of the -- kind of just at first glance some of those apartments feel a little bit close together. So, I'm curious have you -- what other plans, if any, have you considered over these years -- apologies -- over these years to maybe do things like remove that -- reduce that buffer on the south side and integrate that open space closer and inside of -- with what staff is recommending, have you tried rendering any site plans with that? Have you looked into that -- expanding that internal open space? Bailey: Mr. Chairman, Commissioner Smith, I think -- just to repeat, you are talking about moving the pool and clubhouse into the middle of the apartments? Smith: Either that or perhaps reducing their size and in using that -- that area to expand open space inside of the -- inside of the development as well. Removing some of the apartments further apart with the additional square footage that you have. 14 Meridian Planning&Zoning Commission July 18,2024 Page 12 of 53 Bailey: Having fewer apartments. Smith: Not necessarily fewer, but potentially you have -- you have a square footage on the south side that is current amenities and is open space. Rather than having that -- reducing that square footage and, then, using that extra square footage that you have to, then, create additional open space between the apartments, expanding out the footprint, creating additional space between the units. Not necessarily reducing the number of units, but creating additional space between them, rather than having that buffer on the south side. Does that make sense what I'm -- Bailey: Yes. So, as I said before, we have had -- I couldn't tell you how many layouts we have had. We have had different buildings on here, different units, different unit mixes. We have had to try to -- we have tried to do some single family residential on the west end of this. We tried to do some commercial mixed on either end of this. We have had fewer units. We have had some with more units. So, we -- we have had quite a few pieces on this and -- and these particular units we -- they are separated, they are -- they are -- they are not the minimum distance from each other back-to-back, so that we can provide those -- those walkable, lighted corridors with those -- with those open spaces and, then, within each of those blocks that -- that garden space that's within those. So, it's -- it's not totally accurate to say that all of our open space is in the dog park and -- and the -- and the community center to the south. So, probably -- you know, I will throw out a number I will probably be wrong -- so, I would say over 40 percent of our open space is within the apartment units and not within that dog park open space in the south. But we do feel strongly that we necessary -- that -- that we separate the apartments from the school area to the south and not have the -- the -- the clubhouse in the middle and it does affect the -- the -- the layout of the project as far as the flow of traffic and -- and parking within the project to do that as well. So, we -- we feel that this is the best use. We have evaluated other -- other options as well. Smith: Thank you. Seal: Commissioner Lorcher. Lorcher: I'm just curious why do you feel like you don't want to have apartments where the pool and the dog park are? So, there is a school across the street; right? Bailey: Yes. Lorcher: So, you don't want to have apartments abutting that street that are near -- closer to the school? Is that correct? Bailey: Correct. And I'm just curious on the reasoning behind that. Bailey: There -- there is a lot of traffic on that collector street for the school during morning and afternoon hours that will be moving in and moving slow and -- and just a lot 15 Meridian Planning&Zoning Commission July 18,2024 Page 13 of 53 of noise associated with that that we would rather have close to our clubhouse than close to the apartments. Lorcher: Okay. I do have another question. So, Ramblin -- Ramblin is the street that comes off a Black Cat; correct? Bailey: Correct. Lorcher: And you -- you mentioned or Sonya mentioned that ACHD said there is not going to be a signal there? Bailey: Mr. Chairman, Commissioner Lorcher, yes, we specifically asked that in the -- in the meetings with the city and asked that of Mindy with ACHD and they said that it's not eligible for a traffic signal. The traffic signal has to be at a half mile. Lorcher: So, if I'm traveling south on Black Cat and I want to turn west into that subdivision, I need to wait for traffic to slow down in order for me to do that; correct? I mean there is going to be no light and there is -- it's only a two lane road at this point in time. Bailey: Correct. Yeah. And so we are -- we are certainly limited on the traffic there, but that -- that will -- there will be a center turn lane at that point, because we will actually be five lanes and, then, seven lanes at some point with -- with Black Cat in the long -- very long term it will be seven lanes wide. It will be three -- Lorcher: So, according to the notes in the staff report Black Cat and McMillan -- excuse me -- Black Cat and McMillan -- or Chinden is 2036 to 2040; is that correct or no? And, then, the roundabout is 2028 for Black Cat and McMillan. I don't know when Black Cat and Chinden are supposed to be. I mean there is already a signal there, but are they building it more out than it is right now? Bailey: They would be widening the improvements is what I understand is we have -- what year; do you know? Can you look that up? I was understanding -- you are -- you are correct that the -- there were 2028, which is in the five year work plan for the -- the roundabout at McMillan and -- and Black Cat. Lorcher: Right. Bailey: And, then, the road is improved on the west side -- or widen some right on the west side there by Jump Creek and the other projects to the south of this and, then, we would widen our side of it there. But I believe there is in -- within the five year work plan work on the intersection so -- to make sure that the turn lanes are there, so it's not a new signal. So, it's ACHD work, not ITD work on that intersection. Right now there is a -- there is a signal there and it kind of widens out kind of quick, but there is a left turn straight through, right turn, and a -- and a -- and a left -- left turn and they are -- they are just not to standards. F16] Meridian Planning&Zoning Commission July 18,2024 Page 14 of 53 Lorcher: Okay. Bailey: And a road in there. But that -- we understand that that will be widened -- what I understood is that is scheduled to be widened all the way down Black Cat for support for -- in support of that in that five year time frame also. Lorcher: Okay. And West Ada has no plans right now to build a school, they just reserve the site, is that what you are saying? Bailey: Yeah. They own the site -- Lorcher: Right. Bailey: -- but they don't have specific drawn up plans. I saw a sketch that they had when they first got it, you know, that they have, but we have reached out to them and they don't have -- they won't share with us any current plans for a site plan for the site, but -- but it will be a middle school at some point is what they told us. Lorcher: Okay. Yeah. I mean West Ada owned a parcel behind Settlers Park and, then, recently they sold it to the City of Meridian for a community center, so just because the West Ada owns a piece of property doesn't mean they are always going to keep it based on the needs of the community and as it grows. So, it's good to know that they have it, but whether they keep it or not, you know, who is to say in -- in the future. I guess my only concern at this point is the road construction, but we could talk about that during comments. So, thank you. Bailey: Thank you. Seal: Commissioner Smith, you have a follow up? Smith: Yeah. I do have one additional question. So, it looks like you are 14 spaces exceeding parking -- UDC standards. Is there a certain spot, like portion of the development that you are anticipating that excessive -- like that -- those extra spots to be or are they dispersed throughout the development, an extra spot here and there? Bailey: So, Mr. Chairman, Commissioner Smith, to understand -- we exceed the minimum parking. That's what you said. Smith: Yeah. And I'm just curious -- if you are -- if you know where that -- those 14 extra spots beyond what you need are expected to be within the development. Are they for the multi-family? Are they for the commercial? Are they a little bit of everywhere? Bailey: We split up the counts for the multi-family and the -- and the commercial. They are -- they are counted differently. So, those extra spots that we have for the multi- family are for the multi-family is what I understand. We like more than the minimum or the developer does. 17 Meridian Planning&Zoning Commission July 18,2024 Page 15 of 53 Smith: Thank you. Seal: Commissioner Sandoval, do you have anything? Sandoval: No. Seal: Okay. Anybody else, Commissioners? All right. Thank you very much. Bailey: Thank you. Seal: Do we have anybody signed up to testify? Lomeli: Mr. Chair, we have one person. Wade Ramsey. Seal: Good evening. Ramey: Good evening. Seal: Your name and address for the record. Ramsey: Wade Ramsey. I'm the president of the Bainbridge HOA. I live at 44013 West Lost Rapids Drive in Meridian. We are the subdivision directly east of Black Cat across from here. Ramblin would -- our concerns -- well, we are -- one of the neighborhoods directly to the east of the Bainbridge Subdivision across Black Cat Road, while we are mindful and supportive of progress and development, we do have some concerns listed below. I will articulate those. They largely have to do with 700 cars that are forced to go south on Black Cat. It is the case as they outlined that ultimately years down the road some traffic will be able to go west to get out of the subdivision and ultimately there will be a roundabout at Black Cat and McMillan. That's years off after this is finished. In the meantime those 700 cars -- 650 cars are theoretically only going south on Black Cat. Northbound access to Chinden Boulevard related to that -- as we understand there is no northbound access onto Black Cat from Ramblin. While there was some discussion about a turn lane, that's not our understanding from ACHD. There will be a median that comes through is what we have -- we have been led to believe and that's a concern for us, because it will push all the traffic south on Black Cat. That is as you are -- as you ask that's a two lane road currently. That will force a lot of traffic onto eastbound Vanderbilt. We are very concerned about that. That will become the main route of Blayden residents wishing to travel to Costco, Walmart, eastbound on -- on Chinden and the multitude of shops, restaurants, fuel stations, et cetera, along that Ten Mile corridor. Vanderbilt is a residential street with a lot of pedestrian, bicycle traffic, specifically children going to Pleasant View Elementary. We have lots of concerns that there is no signal on Black Cat that is planned and, in theory, those kids aren't walking to -- you know, they are not busing someplace else. They may be walking to Pleasant View Elementary across that Black Cat Road and we have a lot of concerns about that. Vanderbilt is not a direct road route to Chinden or Ten Mile. There is several twists and turns to get north onto Tree Farm Way, West Lost Rapids Drive, and several common 18 Meridian Planning&Zoning Commission July 18,2024 Page 16 of 53 areas, pools and parks are along the way. We have concerns about that and where that traffic cuts through. Southbound on -- traffic on Black Cat is articulated. Currently during peak hours there is substantial backups at the four way stop at Black Cat and McMillan. It's four stop signs is what it is right now. There ultimately is a plan for a roundabout there, but that may or may not be in the five year plan. Stoplights at least completed -- at a completed -- or at least a completed roundabout would help alleviate the issue somewhat. Sidewalk is interpreted in the plans. The sidewalk will only extend north to Chinden and south to Larry Lane. Southbound this leaves only roadside -- roadside pedestrian travel, meaning school children specifically for approximately 500 feet with a current 45 mile an hour speed limit that is a substantial hazard obviously. Those are our concerns. As the five members of the -- of the Bainbridge HOA board representing 572 homes and over a thousand voters, we are opposed to the Blayden Subdivision being approved until the infrastructure shortcomings noted above are addressed. Thank you. Seal: Thank you, sir. And I guess being president of the HOA if you have anything else to add you have more time. Ramsey: Okay. No. That's fine. Seal: All right. Ramsey: Our concerns are around the traffic piece and the -- Seal: Commissioners, any questions? All right. Thank you very much. Ramsey: Thank you. Lomeli: Mr. Chair, we have a Matt Neukom online that's raising his hand. If you would like for me to allow him to speak. Seal: Absolutely. Mr. Neukom, looks like you are -- you are muted right now, so I will need you to unmute. Neukom: Good evening, everyone. Can you hear me? Seal: If you can speak up a little bit. I'm having a little trouble hearing you. Neukom: Is this better? Seal: Not really. Can we turn that up a little bit on our side? Neukom: Let's try again. Seal: Okay. Go ahead and we will listen the best we can. F-19 Meridian Planning&Zoning Commission July 18,2024 Page 17 of 53 Neukom: Okay. I'm doing my best. I'm happy to call in if there is a number that I could call in at. Seal: Actually, I can hear you pretty good right now. Neukom: Okay. Thank you. My name is Matt Neukom. I live at 1520 West Larry Lane. It's the parcel immediately west of phases four and five as shown in yellow on the plan that I think is on your screen right now. I can't be there tonight, because I'm in Oregon having a family vacation, but I did want to speak with the Commission about the importance of this project to us. The gentleman from Bailey Engineering mentioned that he has been on this project since 2020. We have also and we have provided the Commission a letter from us, as well as some previous documentation regarding development in our subdivision. In 2019 and 2020 the subdivision was planned for Tara's Landing and we asked the Planning and Zoning Commission to have the developer agree with us on the terms to -- to ensure that they met the CC&Rs. At that time the Planning and Zoning Commission directed the developer back to us to agree on terms. Now, we are asking the Commission the same thing with this development. The gentleman from Bailey Engineering essentially said that he -- he wanted the courts to decide if the development, not the CC&Rs -- it seems like they are forcing a lawsuit and as private property owners and as individuals that really feels like the -- the developer is strong arming us into a legal battle and we know the developer is -- there is open arms -- or excuse me -- I think it's open door rentals and Corey Barton is the owner of that. So, as property owners we don't know who else to ask for help, other than the Commission. We -- I don't want to be in a legal battle with Corey Barton. We have met with him a couple of times to discuss the terms of the CC&Rs and when we met with him he wasn't in favor of it. We have included that documentation in the -- in the Commission's -- the letter that we sent to the Commission. You can see it there. We met with him in 2022 and they agreed with us at the time to conform with the CC&Rs. So, we are -- we are really asking for your help to uphold legal rights that are ours, that -- that we -- we need help upholding. We think the City of Meridian respects legal rights and we are not opposed to development, but we are opposed to development this way. I haven't heard any questions on the CC&Rs or on the letter that we provided. In the letter we provided there was a copy of two letters from attorneys that address the CC&Rs and their validity. So, again, we are asking for your help with this and we are asking you to deny it. If you have any questions I'm happy to answer them. The Bartletts are in attendance tonight. Seal: Okay. Appreciate your testimony tonight. Commissioners, any questions? Okay. No questions from us. Thank you, Mr. Neukom. Appreciate it. Neukom: Thank you. Seal: Madam Clerk. Lomeli: Mr. Chair, no one else has signed up. F20] Meridian Planning&Zoning Commission July 18,2024 Page 18 of 53 Seal: Is there anybody in Chambers that would like to testify? I thought I saw somebody earlier. Come on up. If you would address the Commission, please. Thank you. Need your name and address for the record, please. Blocovich: I am Mark Blocovich. I live at 4585 West Everest Street. The reason me and a lot of these people out here moved into that spot was because it was out on the fringe and I do heating and cooling, I have done a lot of multi-families, and as soon as the multi-families moved in, then, traffic starts and it's very terrible. I also will not say umm as much as the gentleman -- well, before me. My joke. Sorry. Bad joke. Bad joke; right? I think everybody here is opposed to this a hundred percent and that's why we are here. This is a terrible, terrible, terrible idea. Unless -- and, then, they say they are going to make Black Cat five lanes. We didn't move out there to have Black Cat a main thoroughfare and -- umm. Actually, I actually don't even know what to say. This is a travesty in Meridian. We moved to Meridian to get away from this type of stuff. This type of stuff keeps following us back, back, back. So, I hope you will listen to my plea and not let this happen. Everybody in this room who is here does not want this happen, except for that guy who says umm. Seal: Thank you. Any questions? All right. Thank you, sir. Appreciate it. Anybody else in Chambers? Madam, come on up. Chidester: Thank you. Seal: Need your name and address, please. Chidester: I'm Kirsten Chidester. I'm on 4685 West Ramblin Court. My biggest concern is I have been serving on the PTA board of my kids elementary school and we are -- we are over -- overbooked -- oversized. I don't know how to say it. And we are three years into the school. So, my understanding if the school districts own this land -- owns this land their goal is to build a middle school, what about an elementary? That's where we are overcrowded right now and also I'm -- I'm confused about the traffic from Ramblin Court. I understand it -- it won't have a signal, but even at this point we can't get out during the busy times of the day, so something to, please, consider. Seal: Okay. Chidester: Thank you. Seal: All right. Thank you very much. Anyone else in Chambers? No? If there is anybody online that wants to testify, please, hit the raise hand button. Not seeing anybody else. Oh, see a Don Brown. Brown: Yeah. This is -- can you hear me? Seal: Yes, sir. Name and address, please. F21 Meridian Planning&Zoning Commission July 18,2024 Page 19 of 53 Brown: Don Brown. 4595 West Ramblin Court. And backing up what Kirsten just mentioned, I don't think any of the -- the studies that were done in anything that the engineer addressed that dealt with the folks that are not only coming off of the Ramblin -- our -- our existing road, but also that are coming from the Trilogy Subdivision and cutting into Ramblin Court and, then, attempting to make left turns onto Black Cat is nearly impossible and so you are forcing us to go to the right towards Chinden if we can even get out. The thing that's going to happen is you are going to have people coming from the -- excuse me -- coming from the apartment complex and making U-turns in the middle of Black Cat or going up to one of the other crossroads up there and flipping around to go back to Chinden, because they are, obviously, not going to want to drive clear up to McMillan to get to the Walmarts, to get to Costco, but I didn't hear anything from the engineer addressing the effects that that amount of cars and vehicles is going to have on the existing traffic flow. So, I would like to see some traffic counts done and actually some photos -- pictures of the traffic as it exists now, because there has been times when we haven't even been able to get out of our subdivisions and, then, that also is going to definitely affect the risks that the kids will take unknowingly with traffic and you have got drivers that are impatient and that's -- that's a bad formula. So, I don't think there is enough to address that portion of it and I would urge the Council to -- to take that into account. Seal: Okay. Thank you very much. Appreciate that. Brown: Thank you. Seal: Is there anybody else online that would like to testify? Please hit the raise hand button. Not seeing anybody. Last call. Anybody in Chambers? Sir, come on up. Good evening. Need your name and address, please, sir. Taylor: Greg Taylor. 4613 West Everest Street. Right now in the mornings there is so much school traffic. If you try to get off on Ramblin to make a right-hand turn so you can go west on Chinden you can't even get across. I come home when there is traffic. I come down -- I'm going east on Chinden, so I go south on Black Cat and I have to go east on Ramblin Court. I have to sit and block traffic right there, because there is a center divider for traffic to let me get across. I can't even get into my subdivision, which is Trilogy. There is so much traffic now that on any given day I can see cars 40, 45 miles an hour, since we don't have any stop signs in front of our house and we are in the middle of the block -- I am not kidding. They are doing 45, 50 and there is kids and they are cutting through our subdivision and that's just going to make it worse. It is -- it is horrible right now with -- during the -- you could -- I have invited the police department to come and sit and give tickets and they say they don't have time. That needs to stop. We have too much traffic going too fast down our street in Ramblin Court -- going in and out of Ramblin Court. You can hear them screeching their tires, all that trying to get ahead. I think the traffic is going to be too much. That's all I got to say. F22 Meridian Planning&Zoning Commission July 18,2024 Page 20 of 53 Seal: Thank you, sir. Okay. Anybody else in Chambers want to come forward? Going once. Going twice. All right. Commissioners, anything else you want to add before we move on and close the public testimony portion? Smith: Mr. Chair, does the applicant usually -- Seal: Oh. That's right. I was going to say we should probably ask the applicant to come back up, shouldn't we. Come on up, sir. Thank you. Bailey: Thank you. Seal: I was getting in a hurry tonight. Sorry about that. Bailey: I get it. I would want to be, too. Mr. Chairman, Commissioners, David Bailey again. Okay. So, I will be brief, though, with that in mind, is that we looked that up and the roundabout is -- is 2028. So, it should be designed already down there and the Black Cat widening is 2036 to 2040 as you stated -- is what is in the ACHD staff report. So, back to that real -- real quickly is that we did, in fact, have a traffic study done by -- by Chhang Ream, CR Traffic Engineering, submitted to ACHD, submitted to Idaho Transportation Department. Reviewed by both of them. We have comment letters from both of them on the improvements that are required on this and the discussion behind that and we are willing to do all the improvements they are asking for. If they need more, you know, we are willing to do what -- what's needed in accordance with what the highway district is -- is telling us we need to do. But right now that's the southbound right turn lane. ITD had a preference for a right turn lane on -- from Black Cat onto Chinden and ACHD said we don't want you to build that now, because we will improve this later and it doesn't meet our -- our standards there. That said, Black Cat is, in fact, a mile section line road that is an arterial street and has been planned for some time to be an arterial street and to handle that, you know, 12,000 trips per day in the -- in the long future of what's going to go on, you know, with that. So, there is no doubt that that's -- that's what it's planned for. This will add traffic to that and I disagree personally with the policy of not having the 660 feet. In fact, I got in trouble for getting in an argument with Mindy over a traffic signal at Ramblin -- Ramblin on this -- on this very project. But it is their policy and so they are not going to do that there. Levi Lane will be a realty -- reality and it will probably be a reality connected through -- you know, prior to us finishing the apartment complex on this is what I'm guessing it's going to be, because there is just a couple properties to the west there in Prescott and Levi Lane being constructed. We are not that far from the interchange there and -- and we believe that that -- you know, that's definitely going to be -- for our residents we are concerned that they can't get out and turn left on -- and get onto Black Cat. So, certainly is our concern as well. That said we have to deal with -- with the cards we are dealt for this project and this is an appropriate use and density considering the Comprehensive Plan and all the streets that are planned for this area in the long run from that end. As to -- as to the Compton Subdivision, I will just be really clear is that we -- we have looked at this very hard and we believe we are not in violation of the Compton Subdivision's CC&Rs either with the planning of this or with the showing of the one acre lots on this. We believe F23] Meridian Planning&Zoning Commission July 18,2024 Page 21 of 53 that's in strict compliance with them. We are not inviting a lawsuit from anybody. We are following the rules that are put out within the CC&R to the best of our ability on -- on that end of it and we have worked with -- with the neighbors and we will continue to work with them as we go through this project. So, we don't want to fight either and we don't believe that we are violating those -- those rules that are in the CC&Rs. Seal: Okay. Bailey: I would be glad to stand for any other questions you might have. Smith: Mr. Chair? Seal: Go ahead. Smith: Regarding that Compton area, are there any subdivided lots that will be less than one acre? Bailey: No. Smith: Okay. Bailey: So, we are showing three lots actually total within the ten acres that's in the Compton Subdivision and one of them will be the portion of the L-O and the -- and the C-G lot and, then, the two lots that are along Larry Lane there are -- we show a -- a future subdivision plan with lines in there, because your city staff requires that we submit that -- a redevelopment plan for that area. So, that's all we are showing is -- is a redevelopment plan for that area. Each of those lots is, in fact, greater than -- greater than one acre and, in fact, the houses that are there are going to stay there. They are -- they are meant to stay within those one acre lots. So, there is two houses there that will stay in those one acre lots until we get around to developing that or, you know, the CC&Rs may go on forever and they sure hope they do and we sure hope they don't, you know, so -- but -- but we are being respectful of what's written in the -- in the CC&Rs. Smith: Mr. Chair? Seal: Go ahead. Smith: As a follow up, I'm just -- the -- I'm reading the letter that's in the public comment from -- that's attached from Perkins Coie. The reference is the CC&Rs and just for context as -- the section that they cite says the Compton Subdivision No. 2 is to be divided into residential areas of five acres or larger and any lots larger than one acre may be resubdivided by the owners thereof into parcels not less than one acre in size by compliance with the local and state regulations and laws. Is the -- so, what they are citing is that resubdivide -- can be resubdivided into parcels not less than one acre, which is what you are showing. Is the -- is the issue, then, whether that residential initial 24 Meridian Planning&Zoning Commission July 18,2024 Page 22 of 53 division -- subdivision carries over to that resubdivision or -- I guess what is the -- help me understand what the actual disagreement here then, because if -- even if the CC&Rs continue, this seems like it's not necessarily the one acre issue, it's the -- is it the residential issue then? Help me understand what the -- what the legal disagreement is. Bailey: That might be a good question to ask of them, because I don't feel there is any conflict between what we are doing and that end of it and I think the comparison to the Tara's Landing Subdivision is -- is different, because they were actually proposing to subdivide those less than one acre and to go plat that as that. We are not proposing to do that. So, there is probably a legal question and I'm not an attorney, but I love to talk like I am, you know, but -- but I'm certainly not. But there -- there could be a question as to whether that a residential applies to the five acres or to the -- or to the one acres after you subdivide the way that's written. Maybe a court could -- you know. Or -- or someone wants to rule on what that means or maybe that's what they are proposing is they can't be other than residential. But it doesn't say anything about zoning, it says about the use; right? So, we aren't planning any use that's not residential on this property either with this subdivision. Okay? So, we are not asking for that use to be available. And, then, I -- I don't know, I would assume that that may be their -- their question, but we -- we -- we feel that we are in compliance with what -- the way we read the CC&Rs and -- and would be glad to -- again, I'm not the attorney. Starman: So Mr. Chairman? Seal: Kurt, go ahead. Starman: Commissioners, I want to add a couple comments for the -- from the city's perspective. I don't want to encroach upon your response time, so, Madam -- Madam Clerk, will you pause the clock for a moment? I don't want to encroach upon the applicant's rebuttal time. I'm going to tackle this from a little bit different perspective and be happy to answer any specific questions you have. I guess from this -- I'm looking at this from the city's perspective as I advise you as the Planning and Zoning Commission is that the way the city looks at restrictive covenants of this nature, these are private contractual agreements between private parties and so the city is not involved, we are not a party to those agreements, we don't enforce CC&Rs. So, really, it's a private matter between the private property owners. So, from the city's perspective to the extent there is a dispute that really doesn't impact what we are doing in terms of eligibility for annexation or other entitlements. If there is a dispute it's not the city's role to adjudicate what the -- or to interpret what the restrictive covenant might mean. That really is the judicial process and so my advice and recommendation to the Commission is to get all the information you want to take in and consider, but at the end of the day when you look at it from the city's perspective, restrictive covenants of the nature we are talking about are really private contractual matters between private parties and we really ought not get too far into the weeds and I certainly would not want to -- in terms of some of the specific questions that were being asked earlier about what the dispute might F25] Meridian Planning&Zoning Commission July 18,2024 Page 23 of 53 mean or how the language should be interpretive -- Interpreted, the city would never provide advice to either party. Smith: Mr. Chair? Seal: Yes. Go ahead. Smith: Actually, that does lead into kind of another question I had for you regarding, obviously, that the city's not adjudicating or enforcing or -- is it reasonable for the Commission to take into account the -- I guess -- I guess let me start with kind of where my head's at and, then, I will back that into the question. When I see, you know, there is something that is potentially a lawsuit required or legal action required to resolve an issue that could impact the future plan of the site, that kind of gives me some pause regarding -- like does this actually look anything like what we -- what the site end up -- might end up looking like, how that feeds in the development. Obviously, I -- you don't want to set a precedent to where you are encouraging people to threaten lawsuits to, you know, prevent something from getting passed, but I guess is there room for the Commission to take into effect -- or take into account that legal dispute and the impact it might have on the overall development and whether it's passed, continued, denied, et cetera. Starman: Thank you, Mr. Chairman, Members of the Commission, Commissioner Smith. So, I guess two thoughts there. First is that I really don't think you want to get too far into the -- you know, an actual legal dispute or even the potential for such a dispute. So, I would advise some caution there. But I do think to your -- in terms of your general comments and your general concerns, I would say that from just taking a step, back and looking at it from a public policy perspective, this is an annexation and we -- one of the findings that ultimately the City Council has to make is that this is in the best interest of the city. If you think this project is not likely to proceed timely and it's, therefore, not going to be in the city's best interest and you can articulate your reasoning for -- for that, I think that that could be brought into the discussion and could be part of the -- part of your deliberation. If you think the annexation is not timely, because there are impediments to development and it's going to lie fallow for some period of time and, therefore, it's not timely, that would probably be a legitimate discussion for deliberation. Smith: Thank you. Seal: Anything else? Bailey: Mr. Chairman? Oh. Seal: Oh. Okay. Go right ahead then. Bailey: Thank you, Mr. Chairman, Commissioners. I really appreciate that. Thank -- thank you very much. And -- and we are not necessarily looking to, you know, push 26 Meridian Planning&Zoning Commission July 18,2024 Page 24 of 53 anybody in there. But one -- one of the -- the things that I do want to point out is that our -- our impression on you as are we good neighbors and good developers and it's something that we always strive to do and so I think it's a great issue to bring up and I don't -- I don't have a problem with the neighbors bringing this up or us discussing this at all in -- in that manner, because we are trying to be good neighbors and good neighbors look at the rules and we -- and we follow the rules, as well as cooperate and communicate with the neighbors and will continue to do that and I do think that we can, as presented tonight, build this project as presented; right? There is some questions about what will actually end up being there, you know, and -- and when, but the project as presented tonight is -- is what we intend to build. Seal: Commissioner Lorcher, anything? Smith: Mr. Chair? Seal: Go right ahead. Smith: So, this -- I guess this isn't quite necessarily public comment related -- I was saving some of this for the actual deliberation portion, but there is a question I want to ask you related to this -- is I still don't fully have confidence in kind of the -- the multi- family open space, just the -- the amount of -- looking at it looks like there is -- we are just barely clearing the minimum private usable open space by two square feet and it just feels with the density and the open space it -- it feels a little cramped to me and I'm thinking about the -- not necessarily the things that were testified about tonight, but I'm thinking about the quality of life for the residents at this -- at this parcel and I'm just curious if this were, you know, continued or -- or if there is a future timeline -- I know you guys have been working on this for years. Is there any feasibility you think -- and, again, talking -- nothing about preference, but feasibility and potentially increasing some of that open space between those parcels -- between those units, those blocks of apartments for -- for -- you have to comply with some of those that -- the crime prevention standards, the open space standards that -- that the staff pointed out. Bailey: So, Mr. Chairman, Commissioner Smith, we have worked this over quite a bit and -- and -- and we think this is the one that provides all the required open space and just a little extra. The -- the square footage you are just describing for the private open space is on the -- specifically on the balconies or balconies were a little small and we moved those up to 82 feet. I think there were a couple that were less than that for some reason. But the open space provided for the -- for the apartments is -- both meets the code and is -- and is really consistent with several of the other apartments that have been approved or that we have gotten approved, actually, in the City of Meridian in recent past. So, we are -- from my perspective -- our perspective we are not cramped and -- and, again, we have been very -- very intentional about the placement of those based on what the developer wants and needs for the quality of life of the residents, because he is going to be running it, the people who need that quality of life, so that -- that's very intentional on that end of it. Probably would not want to go back to pushing that into the middle of -- of the development and -- and we think that the open space F27] Meridian Planning&Zoning Commission July 18,2024 Page 25 of 53 between the buildings is -- is really a very good -- really a very good amenity for the project. So, if I could just summarize real quick. So, we are agreeing with all the conditions and asking you for a recommendation to the City Council for approval of the annexation and -- and for the preliminary plat for this and the two that we are asking to -- to not go forward with are the relocating the common areas within the -- this area and revising the phasing. So, we -- we do want to build all that -- although we will agree to revise the phasing to add the coffee shop into the first phase within this project. So, we intended to do that. Seal: I can hear the wheels spinning. Smith: I think that's it for -- that's all the questions I have. Thank you. Seal: Okay. Commissioner Sandoval, do you have any further questions? Sandoval: Mr. Chair? Seal: Go right ahead. Sandoval: I have a question for the applicant. So, you say that the street buffer is part of the open space. If that's correct, what -- what percentage of that open space is taken up by that street buffer? Bailey: Mr. Chairman, Commissioner, I'm not sure I have that number off the top of my head. It's half of the street buffer along Chinden, which contains a berm and a fence in there. I don't know the number. Sandoval: Thank you. Seal: Anything further, Commissioner? Sandoval: No. That's it, Mr. Chair. Seal: Okay. Thank you. Smith: Mr. Chair, I did have one -- Seal: Commissioner Smith, go ahead. Smith: So, it seems like you implied this and I want to confirm. Is the developer planning on owning and operating this post, instead of selling this property? Bailey: I don't know all the details of that, but that's my impression, yes. Smith: Okay. 28 Meridian Planning&Zoning Commission July 18,2024 Page 26 of 53 Bailey: That's what he is doing at this point with the apartment project. Smith: Thank you. Seal: Commissioner Lorcher, anything further? All right. Thank you very much. Appreciate it. And with that if there is nothing further I will take a motion to close the public hearing for File No. H-2023-0043, Blayden Subdivision. Smith: So moved. Lorcher: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0043. All in favor, please, say aye. Opposed nay? The public hearing is closed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: Who would like to comment first? Lorcher: He seems to be deep in thought, so I will go. Seal: Okay. Lorcher: Chinden is a major corridor in our community and as Meridian continues to grow west to offer different types of housing opportunities for people is going to be important for the overall portion of our city, but Black Cat is not ready for it. For those who moved out there for the fringe, I live in a community not too far from here thinking that we were in the sticks as well and we are surrounded by other subdivisions because that's how our community is growing and since I don't own that land past my own property I have no say in what happens after -- unless I come to a meeting like this and just kind of acknowledge it. But with that said, the fact that Black Cat between Chinden and McMillan is not going to be built out until 2020 -- 2036 to 2040 and the roundabout is not even scheduled until 2028. With a two lane road with Pleasant View being on one side and everybody having to turn left or right onto Ramblin with no light to me seems too much for the size of this property with no other access. You can't get in on Chinden. You have to go on Ramblin. I don't know where the Levi Lane is or where that goes. I think this could be the right development for this area, but not now. I don't think the city is ready based on the infrastructure that we currently have in place. Whether West Ada builds a school there or not -- they bought the land, they probably bought it 20 years ago with anticipations and sometimes they do and sometimes they don't. So, holding them to building a school, a middle school, an elementary school, that's up for grabs based on the needs of our community and they will evaluate that on their time and the city is not in charge of the schools. So, I think overall the -- the diversity of the -- the apartments and the townhouses and the fact that you are willing to swap the office for the retail is appreciated. I don't even see retail being on Black Cat so close to Chinden. F29] Meridian Planning&Zoning Commission July 18,2024 Page 27 of 53 That doesn't make a lot of sense to me either. So, at this point in time today I am not in support of this project. Seal: Okay. Sandoval: Mr. Chair? Seal: Commissioner Sandoval, go right ahead. Sandoval: So, mixed-use areas should be centered as outlined in the staff report. The buffers as an open space in my opinion are dangerous or unusable. It's lacking the infrastructure right now as Commissioner Lorcher stated, roadways and schools. I understand the city doesn't have any control over these. I'm open to discussion, but I'm of the opinion that as the application lays now we should recommend denying annexation until the site plan is modified to align with the staff -- to align with the staff recommendations and/or the scope and scale are modified to meet the current infrastructure, because I'm in agreement 2036-2040 is a little too far out. Seal: Okay. Thank you very much. Commissioner Smith. Smith: Thank you, Mr. Chair. I -- it's funny, I think I will -- actually have him having issues for almost the exact opposite reason that Commissioner Lorcher. I think, you know, regarding the phasing and the timing of that, regarding the relative to the roundabout, one being one year off I think is not the end of the world. I would, obviously, that -- that 2036-2040 for Chinden is -- is a bit far off, but I think this -- there is a bit of a reality that we have to grapple with as we continue to grow that there is a need for greater housing and -- and with -- you know, the traffic that comes with that is -- is kind of a -- something that we are hoping to mitigate and we can hope to time right and time well, but there are a lot of different moving parts and that's -- that's always going to be an issue. I think with the school capacities with how development fees are -- work in Idaho, I think that's -- you know, I would personally love if that wasn't the case, but this is what -- what funds those -- those schools. So, that -- that school capacity issue is kind of a -- it's kind of a self-creation issue. You need to create more capacity issues to solve them. My main issues are with -- and I know the developer has been at this for a long time and working hard to make this site. I just -- I don't think the site plan is -- is right for the area. I don't think the site plan aligns to the intentions of this -- of the city of the -- I think staff pointed out a lot of the issues, especially the one thing that we kind of didn't emphasize as much, but one of these standards discusses the CPTED standards, which is Crime Prevention Through Environmental Design I think. As we develop new housing I want to ensure that the housing is safe housing. I want to ensure it's livable housing and I don't think this fully meets up to those standards. So, I -- I genuinely do think in terms of -- of a lot of -- a lot of variables we are close and that -- that's one thing I want to say and I do want to say to a lot of people here tonight is that -- that at some point or another this kind of -- some development along these lines -- there is going to be something here and I -- I, obviously, don't think that this is the -- the exact right development at this time, but I encourage you -- I appreciate you showing up tonight F30] Meridian Planning&Zoning Commission July 18,2024 Page 28 of 53 and encourage you to remain involved, hopefully working with the developer to make that the right fit for the area going forward. So, that's kind of where I'm at. Thanks. Seal: Thank you. I won't pile on too much, but I'm -- being someone that uses Black Cat frequently, I -- I share the concerns of -- of the folks that testified this evening, so I would like -- actually like how it's come together. I wish things were a little bit more complete as far as what was submitted tonight. There was -- there was a lot of changes that need to be discussed and talked about. I -- honestly, I kind of like the multi-family to be honest. I like, you know, the conceptual plan of it, the open space that's -- that's provided in there. I think that's a nice element to it. You know. And I try to be as optimistic as I can and, you know, think about people enjoying that shaded space that's in between the apartments and things like that. So, I try not to think about, you know, the nefarious back alleys, you know, element to it or anything like that. So, I mean for the people that live there it's actually -- would be very nice. So, it would be nice to see the -- the common areas more centrally integrated. There are -- there is reasoning before -- you know, on both sides of that. I understand why you would want to have that kind of buffer for the -- the noise and things like that that are -- that are on the street, but I also understand why you would want to centrally locate that. The biggest concern that I have is basically -- I mean you are -- you are going to take all the traffic that's here and you are going to force it right out onto Black Cat. From there people -- while they are waiting for the roundabout to hopefully maybe ease congestion, they are going to get impatient and they are going to cut through Bainbridge. That is what they are going to do. So, I see some traffic like that happening now and we are not -- you know, we are not fully built out with what's currently developing, much less, you know, a development this size. So, I really wish ACHD would speed the timeline for Black Cat. It's really a sore point for Meridian from basically one end to the other. So, we -- every time developments come up on Black Cat, it's -- it's a point of contention. It really is. But, you know, they own the roads, we don't, so -- and like the schools, we don't own the schools. So, if -- you know, if -- if ACHD says it's okay, then, it's okay. If the schools say it's okay, then it's okay. It's theirs to run. It's theirs to operate. That said, we don't have to necessarily agree with it either. But I think that I share the same sentiments with my other commissioners where I think this is a good development. It's a -- I think it's a good fit for the land that it would be on, I just don't think that we have the infrastructure at this point in order to support it properly for the City of Meridian. So, luckily, I can't make a motion, so I will gladly take one though. Lorcher: Mr. Chair? Seal: Commissioner Lorcher. Lorcher: After considering all staff, applicant, and public testimony, I recommend -- I move to recommend denial to the City Council for File No. H-2023-0043 for the following reasons: The density of the project puts too much burden on the current infrastructure and the site plan does not support open space and common areas integrated inside the multi-family housing. 31 Meridian Planning&Zoning Commission July 18,2024 Page 29 of 53 Smith: Second that. Seal: Okay. It's been moved and seconded to recommend denial to City Council of File No. H-2023-0043 with the specific reasons. All in favor, please, say aye. Opposed nay? Recommendation for denial moving forward. Right? Thank you, everyone. MOTION CARRIED: FOUR AYES. THREE ABSENT. 4. Public Hearing for The Gateway at 10 Mile (H-2024-0010) by KM Engineering, LLP., located at NE corner of W. Franklin and N. Ten Mile Rd. A. Request: Conditional Use Permit for 390 multi-family units in the R- 40 zoning district. B. Request: Preliminary Plat consisting of 31 buildable Seal: All right. One down. So, we now have -- I would like to open the public hearing for Item No. H-2024-0010 for a continuance. I would like to have the opportunity to speak to the applicant before we do the continuance. Hopkins: Good evening, Mr. Chair. Seal: Just your name and address real quick, so we know who we are talking to. Hopkins: Yeah. Stephanie Hopkins with KM Engineering. Our address is 5725 North Discovery Way in Boise. Seal: Just like to cover why the continuance at this point in time. Hopkins: Thank you, Mr. Chair and Commission. Appreciate your consideration on the request for continuance. We are requesting continuance because we have been working with ACHD on an access point that they are -- they are not sure if they are supporting or not yet essentially. So, we submitted a traffic memo from our traffic engineer for them to review and they just haven't had a chance to -- or they have not completed their staff report yet. So, I have been in communication with staff today and they have come to a decision among themselves, but we need to get the staff report finalized in order to continue forward. So, we would like to be able to present, you know, their final recommendation, as well as our request to the Commission, rather than come with kind of a half-- half application. Seal: Okay. And I appreciate that, but this is for the additional access to Ten Mile; correct? F32 Meridian Planning&Zoning Commission July 18,2024 Page 30 of 53 Hopkins: Mr. Chair, yes. We are proposing three points of access -- or three points of access overall to Ten Mile. There was one point of access that we were working through ACHD -- working with ACHD on. Seal: Okay. And this is the same road that is rated as an F from data from three years ago that we are talking about; correct? Hopkins: Mr. Chair, that's correct. Yes. Seal: Okay. That will be a concern. Hopkins: Mr. Chair, we anticipate that and we are -- we will -- another reason that we are requesting continuance is our traffic engineer was not available. We would like to have a full team here to be able to answer your questions. Seal: Okay. Commissioners, any questions on that? Okay. Thank you very much. Hopkins: Thank you. I would like to note, too, if you are going -- or if you are going to consider the continuance that the best date for our client -- they are going to be gone all September. So, it would be the first meeting in October, which I know pushes it out a fair distance, so -- Seal: I think that's okay and we will likely ask you to renotice. There is a lot of public testimony on this, so -- Hopkins: I noticed that, yes. Seal: -- we definitely want to make sure that everybody is going to be well informed. Hopkins: Absolutely. Thank you. Seal: Thank you. Lorcher: Mr. Chair, do you need a motion? Seal: Actually, we need a date. Lorcher: October 3rd is the first Thursday of October. Seal: October 3rd is the first one? Darn, I won't be here for that one. I'm sorry. That date works perfectly for me. So, I will need a motion to continue File No. H-2024-0010 to the date of October 3rd, 2024. Smith: So moved. Lorcher: Second. 33 Meridian Planning&Zoning Commission July 18,2024 Page 31 of 53 Seal: It's been moved and seconded to continue File No. H-2024-0010 for the Gateway at Ten Mile to the date of October 3rd, 2024. All in favor, please, say aye. Opposed nay? The file is continued. MOTION CARRIED: FOUR AYES. THREE ABSENT. Parsons: Mr. Chair, this is Bill. Seal: Bill, go ahead. Parsons: Did your motion include a renoticing of that project as well? Seal: I am sorry, it did not. Lorcher: We talked about it. Seal: We did talk about it. Lorcher: We went over it with the client to be -- Seal: You want to rescind the motion? Lorcher: Do you want us to reflect that? Starman: Mr. Chairman, you can do it one of two ways. You can do a replacement motion. You can have a second motion now to -- to that effect. My understanding is the applicant is -- is willing to do so. So, I just suggest a second motion just to confirm that the expectation or requirement is to renotice the project at the applicant's expense. Seal: Okay. So, I will take a motion on File No. H-2024-0010 to affirm reposting of the application. Lorcher: So moved. Smith: Second. Seal: Been moved and seconded to -- what did I say? Lorcher: To repost. Seal: To repost for application H-2024-0010 before the hearing date of October -- or for the hearing date of October 3rd, 2024. All in favor, please, say aye. Opposed nay? Motion passes. Thank -- thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. F34] Meridian Planning&Zoning Commission July 18,2024 Page 32 of 53 5. Public Hearing for The Bruery (H-2024-0013) by Ball Ventures Ahlquist (BVA), located at 1184 S. Silverstone Way A. Request: Conditional Use Permit to allow a drinking establishment occupying 1,829 sq. ft. within an existing 11,000 sq. ft. shell building in the Eagle View Retail East Building with 5,287 sq. ft. of fenced in outdoor patio area. Seal: Let me see. Okay. And with that would like to open File No. H-2024-0013 for The Bruery and we will start with the staff report. Ritter: Thank you. Good evening, Chair and Commission Members. So, tonight we are here for a -- just a second. Operator error. Yeah. Okay. Technical difficulties. Okay. So, tonight we are here for a request for a conditional use permit to allow a drinking establishment at 1184 South Silverstone Way, which is -- which consists of 1.0 acres and its zoned C-G and this will be within an existing 11,000 square foot shell building in the Eagle View Retail East building with a 5,287 square feet of fence and outdoor patio area. So, access to this development is via Silverstone Way, which is -- which was approved with the Rackham Subdivision. Parking requires one space for two -- every 250 square feet of gross floor area. This amounts to about seven parking spaces for the tenant space and 21 spaces for the outdoor seating area, for a total of 28 parking spaces. One hundred and forty-eight parking spaces for the entire building has already been approved. The UDC requires two bicycle parking spaces for this development also, so all of this was installed with the original approval of the Eagle View East retail building. There is existing landscaping for the property already along Silverstone Way and East Flatiron Lane, which was installed with the development when it was approved and landscaping for the parking lot was installed also per the UDC, as well as the outdoor plaza area. The building elevations for this development were also approved as part of the approved CZC and design review, which is H-2019-0389 in 2019. So, there is no exterior work, other than installing the fence around the outdoor seating area proposed for this development. The fence is being reviewed under a separate CZC application, which staff has already reviewed and which will be approved if this application is approved. We had no written testimony for this development -- proposed development and at this time the applicant is here to answer any questions you have and maybe provide a small presentation. Seal: All right. Thank you very much. Would the applicant like to come forward? Good evening. Allen: Elizabeth Allen. Planner at Ball Ventures Ahlquist. 1144 South Silverstone Way, Meridian. 83642. Seal: Pull the mic right down into -- there you go. Allen: There is two mics. I don't know which one -- F35] Meridian Planning&Zoning Commission July 18,2024 Page 33 of 53 Seal: That's okay. We can hear you in stereo now. Allen: So, staff did an excellent job presenting the proposal. So, I'm going to keep my presentation short to avoid duplicating information. So, I'm going to focus on our development and, then, the -- the tenant. So, we are requesting approval of a conditional use permit for -- or sorry. Special use permit for the Bruery and it's a drinking establishment. How do I change this? Sorry about that. So, our Eagle View Landing development is on the corner of Eagle Road and Interstate 84 and so at that location we have a bunch of office tenants and, then, we have Top Golf, Power Engineers. We have multi-family. Hyatt Place Hotel. And, then, in the retail building we have Houston Hot Chicken and, then, Rock -- RockBox Fitness and, then, we also have Sushi Brothers, which will be coming in and, then, the tenant space for the Bruery is also located in that building and then -- so, that The Bruery -- so, they are a brewery based out of -- called The Bruery. They are based in California and they started in 2008. So, they have one tasting room in California. So, this will be their second tasting room in the United States, which is really exciting. So, we are excited to have them here in the Eagle View Landing development. Their purpose and goal with their brewery is to provide beer that is like nothing you have ever tasted before. So, they have very unique beers that I think we don't have here in Meridian. So, it will be a good -- good location for business owners, residents and the overall community to come visit. And, then, I will stand for questions. Seal: Commissioners, do we have any questions? Commissioner Sandoval, do you have anything? Sandoval: Sure, Mr. Chair. Are there two bicycle racks already in place just for two bikes? Allen: Chairman, Commissioner, so there is two bicycle racks located on that north side of the building. You can see that in the image and we are going to be relocating those out of the -- the patio space. So, we will still have the parking -- the bicycle parking stalls. Sandoval: Okay. Seal: Yeah. I was wondering if you were going to go over on the bicycle parking as much as you did the regular parking. Just kidding. Allen: Don't get me started on parking. Seal: Anything else? Allen: No. Seal: Okay. Thank you very much. We might make this really short. Is it -- Madam Clerk, has anybody signed up to testify at all? 36 Meridian Planning&Zoning Commission July 18,2024 Page 34 of 53 Lomeli: Thank you, Mr. Chair. No one has signed up. Seal: All right. Anybody in Chambers want to testify? Going once. Going twice. Anybody online please press the raise hand button. Okay. With that -- the applicant has nothing further to add? Okay. Thank you very much. Smith: Mr. Chair? Seal: Go ahead. Smith: Move to close the public hearing. Seal: Do I have a second? Lorcher: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2024- 0013. All in favor, please, say aye. Opposed nay? The public hearing is closed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: This one is pretty straightforward, so -- had a little bit of concern on just the placement of it, but I mean it's already there. There is no public testimony from the landowner there, anything along those lines. So, a lot of variety in this area for sure. So, happy to see a little bit more variety coming in. If there is anything else? Or a motion is always welcome. Smith: Mr. Chair? Seal: Mr. Smith. Smith: After considering all staff, applicant, and public testimony I move to recommend approval to the City Council of File No. H-2024 -- sorry. I recommend -- Seal: It's a CUP. So, it will be -- Smith: I move to approve -- thank you. I will start that over. After considering all staff, applicant, and public testimony I move to approve File No. H-2024-0013 as presented in the staff report for the hearing date of July 18th, 2024, with no modifications. Lorcher: Second. Seal: It's been moved and seconded to approve File No. H-2024-0013 with no modifications. All in favor, please, say aye. No opposed. Motion passes. Congratulations. F37] Meridian Planning&Zoning Commission July 18,2024 Page 35 of 53 MOTION CARRIED: FOUR AYES. THREE ABSENT. 6. Public Hearing for Firenze Plaza (H-2024-0007) by Aaron Zuzack, Browman Development Company, Inc., located at 3182 E. Mount Etna Dr. A. Request: Modified Development Agreement to modify the existing development agreement (DA) (Inst.#2017-041827) to include new owner's information and revised concept plan for the four (4) commercial lots north of E. Mount Etna Dr. B. Request: Conditional Use Permit for a 3,320 sq. ft. bank with a drive-through for an automatic teller machine (ATM). Seal: All right. And with that does anybody need a bio break or do you want to go ahead and keep going on this? Okay. I would like to open File No. H-2024-0007, for Firenze Plaza. We will begin with the staff report. You are back, Linda. Ritter: Good evening again. So, this application is for a development agreement modification for a new DA and a conditional use permit. So, this is for the property located at 3182 East Mount Etna Drive and it's located in the C-C zone and it's 1.933 acres. So, the applicant is requesting a modification to the existing development agreement to update the owner's information and revise the concept plan's elevation, site and landscape plans to reduce the commercial square footage from 20,000 square feet to 11,000 square feet, a reduction of 9,000 square feet. The applicant submitted two concept plans with the DA modification. The current CUP is only approving the drive through on the southern portion of the property for the proposed bank. Staff is not in support of the other drive through, which would be this one on the northern property and, therefore, does not support Concept Plan A. So, the applicant did provide a legal description for the boundary of the new DA and staff did recommend some revisions for this. One of the revisions of the concept plan is to show the entrance to the property at the location that is currently there, because the utilities are already installed. The current entrance to the property is along here along Mount Aetna. The applicant did receive approval from the highway district to relocate that further west, but staff is not in support of that, because the utilities have already been installed and, then, the -- we asked them to -- again, we don't want that drive through on the northern property right next to the proposed residential units that will be there. It was something that we talked about at our pre-application meetings, but the applicant is allowed to submit what they feel they would like to see for their proposal. So, the hours of operations for this bank ATM will be -- it's 24 hours a day, seven days a week, because it is just an ATM where people drive up to it to get money from the bank. Again, utility services were installed with this development with the Firenze Plaza Subdivision. As with anything -- any stubs not used shall be abandoned per the city requirements. Access, again, is from Mount Etna via South Eagle Road. There is no direct access to the property from Eagle Road and, again, the applicant is requesting to relocate the entrance to the property further west. Again staff is not in support of that proposal. Parking for this required -- for this 38 Meridian Planning&Zoning Commission July 18,2024 Page 36 of 53 proposed bank is one space for every 500 square feet of gross floor area. Based on the 3,182 square feet for the bank a minimum of six parking spaces is required. A total of 32 parking spaces are being proposed, which exceeds the UDC standards and a minimum of one bicycle parking space is required for every 25 vehicles. So, therefore, we are requiring two bicycle spaces for this and they have depicted a bicycle rack on the landscape plan. There is existing landscaping along North Eagle Road, which is an arterial. The applicant is proposing a 16 foot landscape buffer along Mount Etna and a -- with a five foot detached sidewalk and the applicant also is proposing a 25 foot landscape buffer along the west property line as a buffer to the residential uses with a seven foot sidewalk. The applicant is also proposing a fence along the boundary to the west and north of the properties. This is a perimeter fence that they are proposing for the property and, again, building elevations were submitted for this -- the proposed Chase Bank. The building materials consist of smooth face CMU panels, glass and fiber cement. Staff has -- we did review the design, which complies with -- they appear to comply with the design standards, but they will be required to submit a certificate of zoning compliance, as well as a design review to be reviewed and approved administratively by the city. We did receive written testimony on this. We received two comments that were not in support of the bank at this location and so with this we ask that -- our recommendation is approval of the modification and the conditional use permit per the conditions and findings of our staff report, which is for the DA to not recommend Concept A and to leave the entrance to the property in its existing location. The applicant is here and they do have a presentation, so -- Seal: All right. Thank you very much. Would the applicant like to come forward? Either one will work I have been told. I don't speak from there very often, so -- need your name and address for the record, please. Thompson: Absolutely. Mr. Chair, Tamara Thompson. I'm with The Land Group. Our address is at 462 East Shore Drive in Eagle and we do have a PowerPoint if we can pull that up. With me here is Aaron Zuzack. He is with Browman Development. They are the property owner and the developer of this. So, we are going to tag team this if you -- if you will allow us, and I have -- I have some history on the project. I have been working on this site since 2016. So, I thought I would just kind of give you a brief history and, then, I will turn it over to Aaron to give the rest to you. So, our applications before you tonight is a development agreement modification and a conditional use permit and we will go into those in more detail and thank you to staff and Linda for her -- for her report. I just wanted to give you a bit of history. So, this was the original application for the property. It was the 40 acres on that -- on that corner of Eagle and Ustick. We annexed and zoned that with a preliminary plat in 2017. I'm sorry. Our applications were 2016. They were approved in February of 2017. But this is how that ended up. So, of the 40 acres, 24 of that, which is roughly 60 percent, was zoned R-8 and, then, the C-C zone for this -- for the -- the 16 acres, which is in the blue. So, what we are talking about and -- well, let me just continue. So, then, what we have here is this was our concept plan when we first did our annexation and preliminary plat and you can see the way it has developed is -- is consistent with that. With our final plat we did all of the improvements, so -- does this work? I don't know if that works. Good. So, you can see F39] Meridian Planning&Zoning Commission July 18,2024 Page 37 of 53 the -- the sidewalks along this road Montague here, all of the sidewalks -- both sides of Mount Etna and, then, Cubola. So, all of the sidewalks and street trees were installed for the entire 40 acres. All the public improvements. And, then, the large landscape setbacks along Eagle Road and Mount Etna and this -- these four lots are the lots that we are talking about tonight. So, of the total, the property is -- that we are looking at is roughly five percent. Of the commercial area it's 12.5 percent. So, just to give you that -- that context there. The preliminary plat was approved, again, in February of 2017. The development agreement was recorded in May of 2017. Albertson's opened in June of 2022 and all of these improvements were done with that and the final plat, then, with all those improvements was recorded in October of 2022. Let's see here. Here is just a few of the existing site photos that you can see. This one on the left is looking north on Eagle Road and the one on the right is looking west on Mount Etna and that is in your staff report. And here, again, is just the area in green is -- is what we are here for tonight, that 12.5 percent of the commercial property and, then, just to show you the preliminary plat and, then, the final plat. So, just wanted to give you some context of -- of where we have been and where we are going. During the entitlement process we did do a layout on the residential. The residential has -- has never been submitted, other than just zoning the property. It's currently still owned by Albertson's. The balance of the commercial has been purchased by Browman and Aaron will discuss that, but we just wanted to show you on that north property line -- if you can see here -- the -- one of the conditions was to line those up, so when a preliminary plat does come in for the residential those need to be lined up one to one, so that those northern -- the -- the existing homes and the new homes will be comparable and so what I -- what -- the main thing I wanted to show you here is what that does on that end for the cul-de-sac is it really doesn't lend itself to have any houses there with the way that that cul-de-sac needs to go with having those lots the same size on the one to one for the existing and the new and, then, again, that's that side. So, I will turn it over to Aaron here. Zuzack: Excuse me. Good evening, Mr. Chair and Commission. My name is Aaron Zuzack. I'm the vice-president of Browman Development Company. Browman Development Company is a family-owned, long-term owner and operator of retail properties. We take pride in our developments. We are not a merchant builder or developer that is looking to build and sell our properties. We manage everything in house. You know, we are here to invest in the community and to provide the best in class, grocery anchored, neighborhood shopping center. Chase Bank will not only provide essential financial services, but also generate employment opportunities for the community. The bank is synergistic with the existing development and our goal is to complement the bank with an adjacent development on that northern parcel as well. You know, we started our journey in involvement in Firenze Plaza over three years ago. We purchased the property from Albertson's in early 2022 and since, then, we have constructed and helped construct and finish the Albertson's and open it in June of '22. We have also constructed four additional high quality retail and commercial buildings on site. We worked very hard to enhance the quality of the development by bringing best in class tenants and setting a new standard by enhancing the architectural design of the development. I have personally spent a great deal of time ensuring that the design theme of a shopping center, the architectural standards throughout the shopping center, F40] Meridian Planning&Zoning Commission July 18,2024 Page 38 of 53 are of the highest quality. We are excited to deliver to the community great tenants and public spaces that can be enjoyed by the neighborhood and the community. The DA modification process has really been a long road for us. We have been working on this for well over 250 days. We -- we first had our pre-app meeting in early November with the city last year and we have been fortunate to work with staff and appreciate staff's thoughtful analysis of the application and we are in agreement with all of the conditions, except for two concerns raised by staff during -- regarding certain aspects of our proposal and, you know, first I would like to address the concern regarding the location of the driveway. We are requesting -- oh. Thank you. We are requesting the relocation of the driveway for a couple of reasons. Number one, we believe that the relocation of this driveway will help divert traffic away from the building entrances in the proposed development minimizing potential conflict between customers' vehicles and pedestrians directly in front of these buildings and businesses. This driveway is our only access to both properties. We have no other access to the property, other than from Mount Etna, and it's currently 219 feet from Eagle Road. We are requesting to move it an additional 89 feet, which will be a total of 308 feet from Eagle Road. The relocation of the driveway is actually going to provide an additional 89 feet of additional site distance for vehicles leaving the property, so that they could see how -- better visibility of vehicles coming on to Mount Etna from Eagle. In our experience, you know, direct cross-access driveways on public streets can at times be challenging for drivers to navigate the crossroad to access one site to the other, trying to get across multiple lanes of traffic. So, having an offsetting opposing driveway can at times be easier to navigate. In addition, the driveway relocation has been approved by ACHD and the relocation meets all of ACHD's policies and development standards. ACHD stated in their Findings and Consideration 3.11C that the applicant's proposal meets district policy and should be approved as proposed. We respectfully request to modify Condition Al, 2.8 and 2.8A to allow the development to proceed with the relocated driveway. The second concern I want to address is city staff has expressed disapproval of the second drive through use as shown on site Plan A for the north parcel and our development agreement modification application proposal. While we respect their concerns, we are really only requesting to modify the development agreement document to provide flexibility for multiple site configurations and allow uses under the C-C zoning designation. The city will retain full discretionary approval through the existing conditional use permit process for any future drive through use on that north parcel. So, we respectfully request to modify Condition A1.1A to keep both Concept Plan A and B in the development agreement modification. In conclusion, I respectfully request that the Planning and Zoning Commission's approval of our development agreement modification and conditional use permit application for Chase Bank with the minor changes as I presented. I'm available here to answer any questions and thank you for your time and consideration. Seal: Commissioners, any questions? I -- I do have a question real quick. Sorry. Lorcher: No. You're good. F41 Meridian Planning&Zoning Commission July 18,2024 Page 39 of 53 Seal: Okay. Thank you. On the -- the Chase Bank and having the two different drive throughs, I tend to agree to having too many drive throughs in one location is not a good idea. If anybody wants to partake in Costco you will see why. The -- and -- and I have been to several Chase Bank locations that don't have a drive through. Is that a possibility here or are they just -- is that what they want in that location? Zuzack: It is what they want in the location. I think, you know, the world has changed since the pandemic and I think that it's imperative to have that amenity -- to have a drive through ATM. It's a -- you know, drive throughs are challenging. You know, there is so many different types of drive throughs. You can -- it's hard to fit every drive through in one bucket; right? And in one box and -- and -- and that's why there is a conditional use permit process; right? Because not every drive through can fit in the same category. You can have, you know, de minimis drive throughs, like ATM's where there is not a lot of stacking or you can also have drive throughs that are extreme stacking situations. We don't know what the user is going to be on that northern parcel, but we want to avoid going through the development agreement modification process again, because it is a 250 day process when you start -- from start to finish between drafting plans up and -- and going to the pre-application meetings and, then, actually submitting, it's a very lengthy process that -- that is challenging, whereas, the city already has a mechanism in their hand to use the conditional use permit process to have a discretionary approval of, you know, accepting or denying a drive through. Seal: Okay. Thompson: If I could just add there, it really is just being transparent that we don't know what that north parcel is going to be and just adding that flexibility there. It's not tying the city's hands that -- that -- that they have to approve a conditional use permit for that, it's just being transparent that we may ask for one in the future and we didn't want to have to go through the development agreement modification process. So, that was -- that was the -- the intent behind that. Seal: Okay. Thank you. Anything else, Commissioners? Lorcher: Mr. Chair? So, the northern -- or the southern parcel is going to be the bank, Chase Bank, and so you don't have a tenant for the one that's closer to Albertson's: that's what you are saying; correct? Zuzack: We do not. So, we don't have a tenant for the northern building -- Lorcher: Building. Zuzack: Yeah. Partial. And, you know, we -- we vision that to be either be a multi- tenant retail style building, but, honestly, today we don't know. Lorcher: Right. I mean your concept works as long as it's not like an In-N-Out. F42 Meridian Planning&Zoning Commission July 18,2024 Page 40 of 53 Zuzack: Right. Lorcher: Because, then, you have got so much things going around in circles you are not going to be able to handle anything. As far as the expenses are concerned to move the utilities, is that something your organization is willing to take on? Zuzack: Absolutely. Absolutely. It's part of the development process. So, it's something that we fully know going into this process that all the costs are borne on the development. Lorcher: And ACHD gave you -- gave that -- gave you their blessing to move the entrance to your commercial parcel 89 feet further back? Zuzack: Correct. Yeah. The standard I believe for offsetting opposing driveways is 75 feet from each other and we exceed that at 89 feet. Lorcher: And there will be a center turn lane in between or there will just be two lanes? Zuzack: There is a center turn lane in between. Lorcher: Okay. I'm good. Thanks. Thompson: I'm sorry, I just have to say something. So, to the utilities -- the pipes are in the ground, but they have never been used, so I just -- I think that's important that, you know, there is -- there is pipes in the ground, but they have not been connected to anything at this point. Seal: Okay. Commissioner Smith. Smith: Thank you, Mr. Chair. I guess there is a question for staff regarding the -- if they -- if they are willing to -- to pay for the -- the utilities and -- and the -- the moving of that, that I'm fine with that. My only remaining question is that cross-access that was discussed and I was wondering if you could speak to that. Ritter: Yes, Commission. So, the cross-access was put in -- it was part of the approved preliminary plat and final plat for Firenze Plaza Subdivision. So, that was something that was required with that. We do require cross-access when we do plats in commercial developments, that we get that cross-access for -- for people to not have to go back out onto the main roads and that's why we require the cross-access and that was the location that was approved with that development and that's why staff does not want it to move, because there are -- even though things may not be hooked up yet, but there are easement -- city easements there. The utilities are in there, so that is why we didn't want it -- the access point moved. Lorcher: Mr. Chair? F43 Meridian Planning&Zoning Commission July 18,2024 Page 41 of 53 Seal: Commissioner Lorcher, go ahead. Lorcher: For staff again. So, would they -- for the development agreement would they ask for a variance to not have it directly across, so that it's more like an S turn? So, if I'm coming out of Albertson's you are suggesting that I want to go straight across whatever the -- the annex road is to get to Chase Bank, as opposed to coming out turning left and, then, turning right again, is that what you are saying? Okay. I guess it's not a question. It's more of a statement. A clarification if you will. Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: Looking at -- sorry. I'm trying to find the right page in the -- if I'm -- if I'm looking at kind of this map -- if I'm going from Albertson's and I'm trying to go to Chase -- this is a question for staff. I don't really want to cross that close to Eagle, to be honest. I would prefer going -- is it Cubola -- is the -- the road parallel with Eagle to the west. Is the lower road -- is there a possibility for us to act -- like I guess my question is has there been some analysis done on the thought of letting them move this and, then, when whatever is developed to their immediate west you are creating not a stub, but an ability to cross-access with that development. So, someone coming from Albertsons could go northbound into Cubola into whatever the parking lot is for that development that would be there and, then, come in to Chase without having to cross immediately next to Eagle, because that's -- I -- I -- I think that's just -- my issue is -- is I understand the cross-access aspect, but I don't know that I would want to be going that -- straight across that close to potential impact point. Ritter: Commission, the access straight across there goes into the residential area. That's the R-8 residential area there. Smith: That is R-8 immediately to the west of the development? Ritter: Yes. Smith: Got it. I got it. Okay. Never mind. I retract. Sorry. Thompson: Sorry, I -- I'm not following. So, the -- the area in red on here is the -- the property that we are talking about, that -- can you see that? That red up -- Smith: Yeah. I was -- I was floating an idea that now I see doesn't make sense, so -- Thompson: So -- and I -- and I also want to say I'm not sure what the cross-access has anything to do, because these are public roads, which ACHD has jurisdiction of, so -- so, I -- I wasn't following your -- 44 Meridian Planning&Zoning Commission July 18,2024 Page 42 of 53 Smith: Yeah. I guess I -- so, with the -- the caveat that it doesn't look like it's feasible, my thought was allowing this movement and, then, for ability to kind of navigate a little bit better from Albertson's, being able to go north on Cubola and, then, if there were an ability to turn, then, right into that parking lot from whatever is developed there in the future. Not feasible I see now. But that was -- that's kind of where my head was at, so -- Zuzack: If you don't mind, you know, I actually think moving the driveway is going to be easier for -- for -- for vehicles to -- to maneuver there and the reason I say that is because if you are coming out of the Albertson's Center, you know, there is a lot -- a lot happening right there at that intersection coming off Eagle Road and cars are coming off of Eagle and you have to, then, try to jump two lanes of traffic, plus the -- the -- the -- you know, the -- the turn lane in the middle while all these vehicles are moving, whereas, you can come out of -- out of the driveway into that center turn lane and wait for vehicles to pass that are coming off of Eagle and, then, take a right into our proposed Chase development. So, I think, you know, moving this actually is safer for a number of reasons and that's one of them. The other is that if you are leaving the Chase development, having that extra 90 feet of vision -- of sight vision you can see vehicles, you know, that are coming on to Mount Etna easier and the third thing I would say is that there are a lot of ways to access the site. You know, there is -- there is -- you can exit out of Albertson's a little bit further west in front of one of our other multi- tenant shop buildings that we just built and, then, make a right and, then, you would be able to make a left into the Chase site. So, there is a number of different ways to access it and -- and so at the end I think moving it actually provides a safer configuration. Smith: Thank you. Seal: Commissioner Lorcher, anything? Lorcher: So, the proposal is for the DA modification, which goes to City Council, is to offer both options; is that what I'm hearing? Is that what we are voting on tonight? Seal: Correct. Lorcher: And, then, the -- Seal: Essentially we would need to modify -- we would need a modification to the motion in order to allow for that. Staff has said that they do not want Option A included. They -- or Concept A included. They would like that stricken. So, if we would like to give them the opportunity to have Concept A and Concept B go to City Council we will need to make sure that that's mentioned in -- Lorcher: The motion. Seal: -- the motion. Uh-huh. 45 Meridian Planning&Zoning Commission July 18,2024 Page 43 of 53 Lorcher: And as -- and it's your wish that both concepts be presented to City Council and you will accept whichever one they decide on; correct? Zuzack: That's correct. And -- and that in addition to modifying the conditions to allow us to move the driveway, because Condition Al had stated that within 15 days prior to the City Council hearing the applicant shall provide a revised concept plan that shows the property access in the existing location. We would -- we would request to strike that from the conditions of approval, so that we have -- so, that we can move the driveway as proposed on the site plan. Lorcher: Yeah. I think it's -- that's probably City Council's decision. And, then, the second part is to allow the development agreement to offer two drive throughs; correct? Isn't that the second thing we are kind of voting on? That's not -- that's not the CUP, is it? Seal: No. That's the -- I mean, essentially, the two things in contention right now are either the Concept A or Concept B. Lorcher: Uh-huh. Seal: Concept A is the drive through or not a drive through. Lorcher: Oh. Okay. Seal: On the northern bound property and, then, the second piece is the -- moving the -- the entrance. Lorcher: Okay. All right. Thank you. Just needed to clarify. Thompson: So, just to clarify, it's not Option A or B, it's Option A and B. So, in the future whatever that ends up being, we don't have to come back for a modification. Zuzack: A DA modification. Thompson: Yeah. Zuzack: Because there is already the conditional use permit process which will, you know, vet the drive-through use. Seal: Commissioner Sandoval, do you have anything to add or any questions? Sandoval: No questions. Seal: Okay. Ritter: Commissioner? F46 Meridian Planning&Zoning Commission July 18,2024 Page 44 of 53 Seal: Go right ahead. Ritter: I noticed that in the red line strike through for the modification you -- the applicant had stricken through the R-8 zoning and I think that was a mistake. Your red line strikethrough version that you sent in to staff. So, I think that was a mistake that you guys struck out that the R-8 zoning on that document -- I just wanted to make sure that -- that is left in the DA, that you are not trying to take that out. Zuzack: We are not trying to make any changes to the residential zoning. Ritter: Okay. So, the only thing that we are -- is just updating the owners and just the four lots here. Zuzack: Yeah. And frank -- I mean, frankly, all -- the only thing we were trying to update exactly on this entire development agreement modification was just this -- this two acre piece of the entire development. We didn't really -- we are not proposing to make any other changes other than just the two acres. Ritter: Okay. Seal: Anything from the Commissioners? Really quick. Do we have anybody signed up to testify? Lomeli: Thank you, Mr. Chair. We do. Seal: Okay. Thank you. Lomeli: We do have Joy Livingston that signed up online. I don't see her name on Zoom. Seal: Do we have anybody online that would like to testify? If so, please, hit the raise hand button. Quite a few people online tonight. Anybody in Chambers want to testify at all? Lomeli: Mr. Chair, Romeo Gervais. Seal: Good evening, sir. Need your name and address for the record, please. Gervais: Perfect. My name is Romeo Gervais. I live at 3019 East Fratello Street, the residential immediately north of this project. As Tamara said, I guess I would like to start with a little history, too. So, when I moved into this area there was goose hunting in my backyard and geese falling out of the -- it was the county line. So -- so, it's changed quite a bit in the years and -- and certainly to be expected I think with development and growth of the city. As staff had mentioned -- and I think both staff and the applicant had kind of addressed -- one of my big concerns with the DA modification was the red line proposal in the documents online. I think -- I think it's been pretty well F47] Meridian Planning&Zoning Commission July 18,2024 Page 45 of 53 put on the record here that the intention is not to change some of the requirements, but if you look in the records on the file on page three and four of the DA redline modification, the applicant strick -- had stricken conditions 5-D, H, I, J and L and I'm not in support of that modification. So, it sounds like everybody is in agreement that that's not really part of the proposal, but just putting that on the record that those conditions are tied to that R-8 zoning and, then, the interfaces between the existing residential and the development, so -- the -- the other thing I guess I would mention is is I do support staff's comments with the removal of the second drive through or C-1 if you will. Plan sheet C-1. That drive through -- when we initially came in with this subdivision it wasn't intended to be a -- kind of a neighborhood office if you will. It was kind of proposed as doctor's offices, things like that. Kind of a lower use, 8:00 to 5:00, Monday through Friday kind of use. Not necessarily opposed to injecting some of the retail or even the bank. The bank maintains those same hours. Not really that opposed to a drive through ATM. I think, once again, low usage, but as that site plan to the north -- or to the north would potentially propose that additional drive through, I think there is some use conflict that it creates or could create that I don't think was intended with the initial development, if you will, with an office use. So, going from, you know, cornfield, estate residential kind of in the comp plan when I bought my lot, to now a mixed-use -- at least compatible R-8 with office now going to some mixed-use retail -- okay. But going all the way to an In-N-Out probably not supported. Or definitely not supported by me. So, that -- that would be a couple of different things there. Do support staff's comments with regards to the access location. I have no opinion. So, whatever you guys so decide with that I don't know that it's a big deal. The other component with the DA site plan that I guess I would ask for is it's currently showing three different dumpster locations, two kind of on the merge joint lot line, one up on the north closer to the residential. Being so close -- it's 250 feet or so to existing residential I get worried about dumping and things like that, so -- and I apologize, I'm probably going over my time, but I have a lot of -- I do agree or appreciate the landscaping and the 25 foot buffer yards. But as they did with the final plat, I would ask that they continue that or put in that entire fencing around the whole lot now, as this -- when the Chase Bank comes in it's going to create that use and, once again, I think is pertinent to the CUP for the Chase Bank where it's impacting the residences right now. So, I would ask that that landscaping be added there. And with that I guess I would stand for any questions. Seal: No questions. But there are going to be empty seats on the Commission. I invite you to apply with that. Thank you. I really do appreciate citizenry that pays attention to the finer details and that was very detailed. Gervais: Maybe part of my day job, Commissioner. Seal: That's -- that's okay. Gervais: Thank you. Seal: Thank you. Madam Clerk, anyone else? F48] Meridian Planning&Zoning Commission July 18,2024 Page 46 of 53 Lomeli: We have a Mark -- I apologize, I don't want to mess his name up. Blocovich? Seal: No? Anyone else? No? Anyone else want to testify? Going once. Going twice. Anybody online? Haven't seen anybody hit the raise hand button. All right. With that would the applicant would like to come back up for any rebuttals? Zuzack: Yes, Mr. Chair. I think I would like to potentially explain I think the confusion on the DA red lines. When we applied for this there was some confusion on whether or not this should be a new development agreement, because, you know, we are one owner inside of a master plan per se of Albertson's still retains ownership of the residential, we have ownership of the retail shopping center and so when I red line to the document I was trying to create -- I mean I provided our -- my comments, our comments, to the city staff and I was trying to create it -- cater it more towards just the two acres, because that's all we were trying to do is modify the two acres. So, I just wanted to clarify that component to it of the confusion. Seal: Okay. Thank you. Appreciate the clarification. Commissioner Smith, do you have something on that? Smith: Yeah. I did have one question regarding the dumpsters that was brought up. I figured since we are doing this might as well just see if there is an opportunity to clean anything up. Regarding -- there is fencing proposed, et cetera, but regarding the proximity on the -- the northernmost dumpster location, but also considering the fact that west of this there would be additional residential property. Are -- are those set in stone or are we envisioning potentially moving them away from residential properties? Is that -- would that be kosher for us to -- would that be amenable for us to include some language around that? Zuzack: So, I think -- well, the dumpster for the southern half, the Chase Bank side, is something that -- that's the location that fits very well and complementary to the circulation of their facility. It's also, you know, relatively de minimis in terms of what's being, you know, used there. You know, we also -- you know, to address the concerns about illegal dumping, we -- you know, we manage everything in house. We have -- property managers are very diligent and that's something that we don't accept and if it you know, if there is illegal dumping we get rid of it as quickly as possible. It's something we don't -- you know, there is a few things in our company that are really important to us and that is one of them. As it relates to the site plan and the location of the dumpsters on the northern half, that's something that I envision would be vetted through the conditional use permit process when and -- when that does come forward those locations would be heavily, you know, looked at in compatibility to the development that we are proposing at that time. So, to answer your question, I think, yes, there is some flexibility. We don't know who the user is. It's definitely not In-N-Out, you know, so -- but we are -- we are -- you know, we are -- we don't -- we don't have a user today and -- and at that -- when we do -- when we have that user that's when we would, you know, present a site plan, you know, through that process and we could work on it then. F49] Meridian Planning&Zoning Commission July 18,2024 Page 47 of 53 Smith: Thank you. Seal: Quick -- one final -- oh. Kurt, go ahead. I just had a question on the -- is -- as I'm conceptualizing the -- the property in general is would -- would you consider moving Chase Bank north? Zuzack: No. I think that's a -- that's something that they feel very strongly about that they want to be at that location. It's -- it's predicated on the -- the deal moving forward, to be honest with you. Seal: Okay. That just would solve a lot of the issues that we are talking about immediately, so --just had to ask. Zuzack: Understood. Understood. Seal: Kurt, you had something to add? Starman: With your permission I had a quick clarifying question for the applicant and -- you had a screen -- you had one of your screens up just a moment ago that showed your proposed changes to the DA language. Can you pull it up one more time real quick? Perfect. I just want to clarify with the applicant. The -- near the top third of the page where it inserts Plan A and B, that -- that's your proposed change; correct? Zuzack: Yes, sir. Starman: I just want to -- I just want to confirm I think -- and I think your colleague mentioned this, but I think would that make sense to have Plan A or B? I agree that you can't do both. It's one or the other; correct? Zuzack: That -- that is correct. It's one or the other. But we would respectfully request to have both plans included in the DA modification, so that we have flexibility to, you know, have multiple options when it comes to the future development of that northern parcel. Starman: Yeah. Thank you. I appreciate that. I understand that one hundred percent. I'm just saying from a grammatical and technical perspective to accomplish the goal you just mentioned I think that language needs to say that consistent with the -- with Concept Plan A or B. That gives you the possibility of one or the other, but you can't -- it's not possible to do both; right? It's one or the other. Zuzack: That's correct. Starman: Okay. So, we will -- we will collaborate with you between now and City Council. Zuzack: Perfect. F50] Meridian Planning&Zoning Commission July 18,2024 Page 48 of 53 Starman: Thank you. Parsons: Mr. Chair, if I could just add -- at least give Aaron some assurances, since he's bringing up the DA process. It really isn't that complicated and I'm sorry that it's taken this long to get you here. But in my experience with DA modifications the City Attorney's Office will prepare that document and if you are successful in achieving it and/or concept plan, then, those will be -- both those concept plans would be attached to the new DA that would be subject to the two acre parcel. So, we will have you covered either way, Aaron, so it really should say or -- but, again, we can -- if the Commission feels like they want to make that recommendation tonight we will certainly change that as we transition to City Council. Zuzack: Thank you for the clarification. Seal: Okay. Commissioners, anything further? No? All right. Thank you very much. Appreciate your time. And with that I will take a motion to close the public hearing for File No. H-2024-0007 for Firenze Plaza. Smith: So moved. Lorcher: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2024- 0007. All in favor, please, say aye. Public hearing is closed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: I will jump in real quick on this one. So, as -- as far as the Concept A and B, I understand the reasoning behind keeping both of those in there. I understand the desire to not have that, but I don't think that we want to cut them off at the -- at the knees on that one at this point in time. There might be something that goes in there. God forbid it actually be an In-N-Out. But I -- I -- you know, there -- there may be a use case that goes in there that, you know, nobody's thought of yet that we all go, wow, I really wish that could go in there. We just can't do it, because of, you know, something that was excluded. So, I don't know what that might be, but I hope it comes to Meridian. On moving the drives -- the -- the drive aisle there -- the drive -- the entrance, I understand the idea that if we offset it that it becomes easier. That is one side of the argument. But the -- kind of the reasoning behind having that direct access is you have eye contact. So, when I'm going out and I'm coming in I have got eye contact with somebody. I know what they are doing across the street for me. They know what my intentions are as well. Where if you have three offsets in a very very short amount of time, you are just going to have everybody going to the same place all at the same time. So, I think that that is a consideration that we need to make. Generally speaking I'm kind of supportive of staff as I have been educated over the years. I have my own opinions and as I'm educated on things I learned that there is a lot of good reasons for some of the regulations that we have that we haven't always thought of. So, that's a F51 Meridian Planning&Zoning Commission July 18,2024 Page 49 of 53 consideration for me on that. As far as getting to that, following Commissioner Smith's logic, to be honest, if I had to go to the bank over there that's exactly the route I would take. I would go behind Albertson's or to the -- to the west and I would come around the other way, just so I didn't have to cut all the way across in order to get there, so -- I mean, unfortunately -- fortunately or unfortunately, Albertson's put their entrances and exits -- exits where they are. We do have, you know, specifics in the code that kind of regulate that. So, I would -- I would be more apt to support staff in that decision. Other than that, wish you all the luck in the world on this. Glad to see more development for businesses coming into Meridian. Smith: Mr. Chair? Seal: Go right ahead. Smith: Again for the second time tonight, I think I'm -- I'm exactly flipped of where you are at, although I don't -- you know, I don't feel so strongly about it that it needs to be some certain way. I do tend to support the moving of the -- of the -- of the entry -- entry -- of that entrance to the property. I think that that makes sense to me. Again, with the understanding that I'm more of a layman and I haven't probably had many of those conversations. Just intuitively that kind of makes a little more sense to my head. But I -- my thought around Concept A versus B -- my only thought is there is something that were to go in there, they still could approach it with another DA mod, if I'm -- if I'm not mistaken and I almost am wondering if the intention is to probably have something that's not a drive through in there, if it's worth adding an extra step of scrutiny with a DA mod, if they were to put another drive through in there. So, again, I don't feel super strongly in either of these. I'm generally in support of the application either way, but those are just some thoughts that kind of where my head's at at the moment. Seal: Commissioner Lorcher? Commissioner Sandoval? Lorcher: Mr. Chair? Seal: Go right ahead. Lorcher: Not knowing who the north client is going to be, I feel like is a hindrance to make a good choice as far as whether or not to offer two drive throughs or not. I mean one could be a dry cleaner, you know, or it could be -- I think there was a Jersey Mike's, but it -- it could be a Subway. It could be -- you know, it could be anything; right? It could be something high volume. It could be something very low volume. And I -- and I -- that's the challenge that I have. But also understanding and acknowledging your comments since the pandemic the way we manage our business and whether we eat or we dine or we bank or whatever we do is -- is definitely more in our cars and I don't see that going away anytime soon. So, I don't know, I'm -- I'm kind of torn on this one as well. I think the best thing to do at this point is to provide City Council with as many options as possible and I -- you know, I understand staffs concern for the -- the drive through or the drive across the -- where it connects, but I also see the value of it being F52 Meridian Planning&Zoning Commission July 18,2024 Page 50 of 53 staggered. So, I would be more -- I would be in favor of what the DA modification to say plan A or B to go -- to recommend for City Council. Seal: Okay. Commissioner Sandoval, anything to add? Sandoval: Mr. Chair, so to me it -- it actually makes sense to have the off -- offset, so people aren't trying to jet across both lanes at the same time quickly. Again, I think that's a good option to -- to move forward and as far as the north end of the site, you know, it looks like it's going to be residential and if it is right now at least be the open space, they will probably put, you know, adequate screening. It will be a consideration if there is a drive through there. So, I think we should leave both Options A and B -- or B, however you want to word it, to City Council. Seal: All right. Thank you very much. Smith: Mr. Chair? Seal: Are you ready to make a motion? Smith: I more have a question for Commissioner Lorcher just to make sure I'm on the same page. Commissioner Lorcher, did you -- was your intention to keep -- so A or B, but keep staff's recommendation to leave the drive aisle where it is or did you have -- Lorcher: I actually don't have a preference, so -- I mean if it's -- if it's a rule, then, we should follow those rules. But, you know, grocery -- grocery store parking lots can get a little crazy, especially with all the retail that they have around here, personally I would do what you would do, I would go around the back and kind of come around, because I -- I personally wouldn't want to shoot across. But that's -- that's me. And I don't like turning left either, so -- or driving at night. So, you know, don't count me as like a normal driver. But I mean I would -- if it was me I would probably like it staggered just because that was more of a sight line away from Eagle Road. But if it's a rule in the city that says we want that cross-access then -- and this is the only exception in the city, then, we should follow that rule. So, I -- I don't know if there is other exceptions to it or not, but -- Seal: Bill? Parsons: Mr. Chair, Members of the Commission, in this particular case there isn't a rule for that -- well, there is a rule for that access is that they take access from a local street, which they are doing. So, them keeping the curb cut where it is or moving it is not violating any rule and in our world and as you mentioned, Chairman, it's just best practice to have driveways align. That's what we are trying to do. And since the utilities are already there, you know, we want to be cognizant of our Public Works partners that we are not putting -- making sure no one's encroaching or impacting those utilities that are underground. That's why we are having the discussion with you on keeping the curb cut. But there is no zoning ordinance rule that says he can't move that, because F53] Meridian Planning&Zoning Commission July 18,2024 Page 51 of 53 he is still taking access from a local street. Now, on the cross-access issue, the applicant owns the property, so, technically, there is no cross-access. He can't grant himself access. He owns both properties. But when looking at the recorded plat, there are CC&Rs in place that speak to how that cross-access is to occur in the development and we don't get copies of the CC&Rs. So, I'm only bringing this up just to let the developer know that if it does get sold in the future that's something that may have to be addressed, if one of those parcel sells off and someone comes to the city and ask us about cross-access we are going to be like you need to pull the CC&Rs and see how it's spelled out. Just for the records and make it clear on that. So, long story short, is if you want them to -- if you support their -- their request to remove that and the applicant's provided you the guidance to do that. If you want to side with staff, again, they are in front of you as a body tonight, so Council will have another bite at the apple to discuss relocation and the two concept plans as you have already discussed. Seal: Okay. Thank you. Appreciate the clarification on that. If there is no more questions I'm more than happy to take -- Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: I got one. I think it's just some context, I think, because this is more of a recommendation and City Council can -- can take it or modify it or -- I think I will go with kind of where -- it seems like the -- the room is at at the moment. So, with that being said, after considering all staff, applicant, and public testimony I move to recommend approval to the City Council File No. H-2024-0007 as presented in the staff report for the hearing date of July 18th, 2024, with a modification to allow Concept Plan A or B -- or A and B or whatever that language is and to allow the applicant to go forward with the offsetting of the driveway per their request. Seal: Do I have a second? Lorcher: Second. Seal: It's been moved and seconded to recommend approval of File No. H-2024-0007 for Firenze Plaza with the aforementioned modifications. All in favor, please, say aye. Opposed nay? Motion passes. Thank you very much. Appreciate all the time on this. MOTION CARRIED: FOUR AYES. THREE ABSENT. 7. Planning and Zoning Commission Elections Seal: And with that we will go back to Item No. 3, which is the Planning and Zoning Commission elections. I will be stepping down as chair and so we need to elect a new chair and if that happens to be Maria, then, we will also elect a vice-chair and I'm not and I'm not it. 54 Meridian Planning&Zoning Commission July 18,2024 Page 52 of 53 Lorcher: Not a lot of people here tonight. Seal: Yeah. Yeah. I mean I have, you know, put thought into this and Commissioner Sandoval is brand -- brand new and -- and still learning the ropes. You know, we have some folks that have indicated that their time is going to be tough to fulfill on Planning and Zoning as well. Some of those folks are not with us tonight as well. So, if I'm making a recommendation or a motion, then, likely, I will go with the experience of the Commission so far and that would be with Commissioner Lorcher as president and I mean with that my next recommendation would be Commissioner Smith be the assistant chair. That's kind of where I'm at with things and I'm more than welcome to discuss all of that. Lorcher: Are you nodding that that would be in agreement with you? Smith: Yeah. I think that's totally fair. I'm anticipating being on this Commission for the foreseeable future, so -- Seal: Good. Lorcher: So, what do we do next? Do I get to make the motion for this? Do I get to make a motion, Kurt? Starman: Mr. Chairman, Commissioners, any of the Commissioners can make a motion, including the chair. So, whoever would like to make the motion -- I know somewhat awkward if you are part of the motion. You can do that as well. There is no prohibition against that. So, whoever -- whichever Commissioner would like to make a motion that would be appropriate or would be fine and -- whether that's you, Mr. Chairman, or someone else. Seal: Okay. I will -- I would love to do this. It's -- then it's not all about me. I move that Commissioner Lorcher is the next chair of the Commission. Smith: Second. Seal: It's been moved and seconded to elect Commissioner Lorcher as chair of Planning and Zoning Commission. All in favor, please, say aye. Opposed nay? Congratulations. Lorcher: Thank you. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: With that I will -- I also make a motion to elect Commissioner Smith as the vice- chair for the Planning and Zoning Commission. Lorcher: I second that. 55 Meridian Planning&Zoning Commission July 18,2024 Page 53 of 53 Seal: It's been moved and seconded to elect Commissioner Smith as the vice-chair of Planning and Zoning. All in favor, please, say aye. Opposed nay? Welcome to the -- welcome to the assistant chair position. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: So, good deal. And I don't know if there is anything that the two of you officially need to do. Maria's already well versed in what needs to happen in pre-meetings and things like that and so I will let her pass that education on to you in your -- your new duties. Kurt, was there something you want to add? Starman: No. Seal: Okay. I saw you hit the button, so I'm quick draw on this one. With that I will take one more motion. Lorcher: Mr. Chair, I motion we adjourn. Smith: Second. Seal: It's been moved and seconded that we adjourn. All in favor, please, say aye. We are adjourned. Thanks everyone. MOTION CARRIED: FOUR AYES. THREE ABSENT. MEETING ADJOURNED AT 8:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED Maria Lorcher, Chair 8-1-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 8-1-2024 F56 W IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of June 20, 2024 Planning and Zoning Commission Meeting 4 Meridian Planning&Zoning Commission June 20,2024 Page 34 of 34 Lorcher: Okay. After considering all staff, applicant and public testimony, I move to recommend approval to City Council of File No. ZOA-2024-0001 as presented in the staff report for the hearing date of June 20th, 2024, with one modification to include the graphics during the planning and zoning presentation. Garrett: Second. Smith: Second. Seal: It's been moved and seconded to recommend approval of File No. H -- sorry -- ZOA-2024-0001 with the aforementioned modification. All in favor, please, indicate by saying aye. Opposed nay? Motion passes. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: All right. Good job, everyone. I will take one more motion. Smith: Mr. Chair? Seal: Go ahead. Smith: I move we adjourn. Lorcher: Second. Seal: It's been moved and seconded that we adjourn. All in favor, please, say aye. We are adjourned. Thank you much MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 7:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 7r18-�024 ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK F38 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Black Rock Coffee (H-2024-0011) by CSHQA, located at 776 N. Cliff Creek Ln. F39 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 a new approximate 1,460 square foot coffee shop including a drive-through,parking, and pedestrian access,located within 300-feet of an existing drive-through facility,residential district, and existing residence,Located at 776 N. Cliff Creek Lane in the C-C Zoning District,by CSHQA. Case No(s).H-2024-0011 For the Planning& Zoning Commission Hearing Date of: June 20,2024 (Findings on July 18,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 20, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 20,2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 20,2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 20,2024,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). [file#H-2024-0011] 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 June 20,2024,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 June 20,2024,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). [file#H-2024-0011] Page 2 F41 G. Attached: Staff Report for the hearing date of 2024 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [file#H-2024-0011] Page 3 F42 By action of the Planning&Zoning Commission at its regular meeting held on the 18th day of July ,2024. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER BRIAN GARRETT VOTED COMMISSIONER JARED SMITH VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MATTHEW SANDOVAL VOTED COMMISSIONER ENRIQUE RIVERA VOTED Andrew Seal, Chairman 7-18-2024 Attest: Chris Johnson, City Clerk 7-18-2024 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. 7-18-2024 By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [file#H-2024-0011] Page 4 F43] EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 20,2024 Legend DATE: Project Location - TO: Planning&Zoning Commission FROM: Stacy Hersh,Associate Planner 208-884-5533 SUBJECT: Black Rock Coffee-CUP - H-2024-0011 = wLOCATION: 776 N. Cliff Creek Lane(Parcel #R5711030040) _-,J I. PROJECT DESCRIPTION Conditional Use Permit request for a new 1,460-square foot coffee shop including a drive-through,parking, and pedestrian access located within 300 feet of an existing drive-through facility,residential district, and existing residence, on approximately 0.543 acres of land in the C-C zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage — 0.543 acres(Conditional Use Permit) Future Land Use Designation Mixed Use Community Existing Land Use Vacant/undeveloped Proposed Land Use(s) Black Rock Coffee(restaurant with a drive-through) Current Zoning C-C Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 3/21/2024 attendees: Description Details Page History(previous approvals) H-2020-0099 AZ,DR,PP,PS, CUP(DA#2021-046525); FP-2021-0013 Page 1 44 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study No es/no Access Access is proposed from N.Cliff Creek Lane(private street)via W.Pine Avenue (Arterial/Collectors/State at the North boundary of the site. Hwy/Local)(Existing and Proposed) C. Project Area Maps Future Land Use Map Aerial Map Legend RRY � 0 Legend a Project Location OttIC-e r Project Location F esiaen` LWua CIVIC � R T -4 � ® _ _ r -- Deensity `Resid'ential Commercial High Densityf_ Residential- MU-Qm Page 2 45 Zoning Map Planned Development Map Legend Legend C-N L-O0 Project Location R:4 � F Project Location F R8 City Limits o ® —Planned Parcels o ® RU RUT T R`-8_ � II R 1 R' R715 R-1.5 r �c --. -------- TN-R C-G R-40 I-L R-15 R-15 C-N 16 RUT R-15 RUT , R III. APPLICANT INFORMATION A. Applicant: Peggy Schinder, CSHQA P2696 S. Colorado Blvd., Suite 525, Denver, CO 80222 B. Owner: Tony Pallotta, Black Rock Coffee—9170 E. Bahia Drive, Suite 101, Scottsdale,AZ 85260 C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 6/4/2024 Radius notification mailed to properties within 500 feet 5/30/2024 Public hearing notice sign posted 5/24/2024 on site Nextdoor posting 5/30/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAI�: Land Use: This property is designated Mixed Use Community(MU-C) on the Future Land Use Map (FLUM). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential,and to avoid mainly single-use and strip commercial-type buildings. Non-residential buildings in these areas tend to be larger than Mixed Use Neighborhood(MU-N)areas,but not as large Page 3 46 as in Mixed Use Regional(MU-R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The subject site is among several commercially zoned properties surrounding the intersection of Ten Mile and Pine Avenue. Numerous commercial establishments currently exist near the intersection, with additional ones under construction directly to the south. The proposed use of a restaurant with a drive- through aligns with the desired uses specified within the Mixed Use Community designation in the Comprehensive Plan, as noted above. In conjunction with the already approved multi family development directly to the west and the currently approved and under-construction commercial, the proposed use satisfies the general Mixed-Use Community future land use designation for this area. Staff finds the proposed project is generally consistent with the Comprehensive Plan. 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): • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets."(2.01.04B) All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.0117) City water and sewer service stubs have been provided to this site with the development of the subdivision. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact."(3.05.01J) The proposed drive-through restaurant will contribute to the variety of uses and restaurant options within this Area of the City. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A). A proposed 10 foot-wide pathway will be constructed from the building entrance, extending through the drive-through connecting to the property to the south. Additionally, there is an existing 10 foot-wide pedestrian pathway along N. Ten Mile Road, located on the west side of this site, connects the commercial and multi family developments. • "Minimize noise, lighting,and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.01F) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. VI. STAFF ANALYSIS A. CONDITIONAL USE PERMIT(CUP) Conditional use permit for a new 1,460-square foot coffee shop including a drive-through,parking, and pedestrian access located on approximately 0.543 acres of land in the C-C zoning district to allow the requested drive-through use within 300 feet of another drive-through facility,residential district, and existing residence. Page 4 47 Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment. All establishments providing drive- through service are required to identify the stacking lane,menu, and speaker location(if applicable), and window location on the site plan. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan is required to demonstrate compliance with the following standards:Staff recommends signage be installed ahead of the southern crossing warning drivers to watch out for pedestrians. 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles, and the public right-of-way by patrons; The proposed restaurant features a drive-through lane with space to queue 9 vehicles along with an escape lane located on the west side of the site, outside of the drive-through lane. The drive-through itself starts at the south side of the building and exits at the north side,facing W. Pine Avenue. The concept plan also shows that the stacking lane is separate from the drive aisles and parking, which allows for easy access to the rest of the development. Staff recommends that the Applicant install additional signage and parking lot striping to clearly mark and guide traffic safely throughout the site. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lanes are separate lanes from the circulation lanes needed for access and parking. 3)The stacking lane shall not be located within ten(10) feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape lane; and The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed on the southeast side of the building(see site plan). 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located starting on the south side of the building and ending on the north side of the building. The drive-through is visible from N. Ten Mile Road along the east side of the building for surveillance purposes. Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific use standards as required. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49 Restaurant,which requires at a minimum,one (1)parking space to be provided for every 250 square feet of gross floor area(see parking analysis below). The Applicant did not provide information on how many proposed indoor seats and patio seats will be provided to accommodate customers. Page 5 48 Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. Access(UDC 11-3A-3): The site plan includes one access point from N. Cliff Creek Lane,a private street located on the western side of the property. Vehicles will enter the site from the west,where they will have the option to park in the lot in front of the building or proceed eastwards towards the 12' drive-through lane and the pick-up window, exiting back to the same drive aisle to the north. A second access is provided from a shared access with the property to the south. An escape lane is also provided on the east side of the site,merging into the exit drive aisle to the north. Direct access via N. Ten Mile Road is prohibited. The Applicant should provide a copy of the recorded cross-accessfingress-egress easement with adjoining properties to the south[parcel #R57110300601 to the Planning Division with the future CZC and Design Review Application in accordance with the provisions of UDC 11-3A-3A2. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required per 250 square feet(s.£) of gross floor area. Based on the 1,460-square-foot restaurant, a minimum of 6 parking spaces are required.A total of 13 parking spaces are proposed, exceeding UDC standards. A minimum of one(1)bicycle parking space must 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.Bicycle parking is depicted on the plans submitted with this application that meet the requirements. A detail of the bicycle racks shall beprovided on theplans submitted with the future Certificate of Zoning Compliance and Design Review Application. Pedestrian Walkways(UDC 11-3A-19): The proposed plan includes a pedestrian walkway from the main walkway in front of the building connecting to the building residing to the south across the drive-through lanes. Where pedestrian walkways cross vehicular driving surfaces,they're required to be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4. The site/landscape plan submitted both reflect compliance with this standard—stamped concrete is proposed. Landscaping(UDC 11-3B1: Street buffer: The street buffer along N. Ten Mile Road and W. Pine Avenue was constructed with the improvements for the Mile High Pines development for the common area site improvements. Staff recommends that the Applicant protect the existing landscape buffers and trees per UDC 11-3B-10. The landscape planter adjacent to the buffer along the northwest side of the drive aisle entrance%xit should incorporate shrubs and rock mulch (reference figure below). Staff recommends that the Applicant submit a revised landscape plan with the future CZC application. Page 6 49 ....P.. C � �E�IJIN 0 ASI0 Parking lot: Interior parking lot landscaping shall be required on any parking lot with more than twelve (12) spaces. Landscape planters shall contain a minimum of fifty(50) square feet, and the planting area shall not be less than five (5) feet in any dimension,measured inside curbs. The only exception to the five- foot minimum dimension is at the tip of triangular planters located at the end of rows of angled parking. Each interior planter that serves a single row of parking spaces shall be landscaped with at least one (1) tree and shall be covered with low shrubs, lawn, or other vegetative ground cover. Each interior planter that serves a double row of parking spaces shall have at least two (2)trees and shall be covered with low shrubs, lawn, or other vegetative ground cover. Trees shall be centered within the planters and provide urban canopy. Deciduous urban canopy trees shall be pruned to a minimum height of eight(8) feet above the adjacent parking areas. Evergreen trees and class III trees are prohibited in interior planters. The planter islands appear sparse. The required landscape areas shall be at least seventy(70)percent covered with vegetation at maturity, with mulch used under and around the plants in accordance with UDC 11-3B-5. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C. 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-11C. Staff recommends that the Applicantprovide details of the lighting that demonstrate compliance with the standards listed in UDC 11-3A-11 with the future CZC application submittal. Mechanical Equipment(UDC 11-3A-12): 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. If mechanical equipment is proposed to be roof-mount,all equipment should be screened and out of view as noted above. Page 7 ■ Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VII.C. Building materials consist of western rib metal panels,western wave metal wall panels,woodstone Hardie lap siding,parapet metal wall cap flashing, and glazing. The proposed conceptual elevations are not approved. Final design is required to comply with the Architectural Standards Manual for Commercial Design Guidelines. Certificate of Zoning Compliance(UDC 11-5B-1): A Certificate of Zoning Compliance(CZC) is required to be submitted for approval of the site and building design prior to submittal of building permit applications. VII. DECISION A. Staff: Staff recommends approval of the Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on June 20, 2024 .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: Sasha Rubinshteyn,CSHOA b. In opposition:None C. Commenting: None d. Written testimony: None e. Staff presenting application: Bill Parsons,Planning Supervisor 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. None 4. Commission change(s)to Staff recommendation: a. None Page 8 51 VIII. EXHIBITS A. Site Plan(date: 5/20/24) La � - O®.PINE AVE. (D LOT 1•BLOCK 1 ° - • 8 ;, 66 ri 1 L �orz.I � m Ps+ I� Li 20 10 0 20 - Style in Feel ..... - a� SITE P_AN AS 10 Page 9 F52] B. Lanscape Plan(date: 3/29/24) big— W.PINE AVE. _ C i;il I tr' o s� wLU of —i w U — �1 � Y Il I �•...0 4a 'Lj J lie q w rs. _a 1 x t I• ��+ i \_ I � ' Q O A,PR RAINARY L D`.,c'APC R L,.0 W.PINE AVE. z r1 Y O w w Of - - w U LL LU LL U H s N.�n raF Rcwn 1 I JUT ���I�H99 2 111l jl's;f Page 10 ■ C. Black Rock Coffee Proposed Elevations MATERIALS&FINISH SCHEDULE: (S- A _—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_kni yuw.wy,. �:..._. °_ 0■.`r N.°..n° o€ .. — — — .—_—_— — —.—_—_—.—_ o w [ME °...° mom IIII I■ 0 GENERAL NOTES: Y4 __—_—_—_—_—_—_—_—_—_—_— SHEET NOTES'. Y.c —_—_—_—_---_—_---_—_—_ —_—_—_—_—_—_—_—_ EEI 1 FRONT ELEVATION Ej MATERIALS&FINISH SCHEDULE: _ 0 0 ------------------------ ---- ---'�"'�:¢ -�,.°�. ■N,-.w��. '�€ ------------------------------ - - - - -R P �■ ,. ° ..�.. ..�.. + GENERAL NOTES: = DR4V€-THRU ELEVATION ^ Y= .�' ------ - - - --;r o SHEET NOTES: —_ _—_—_—_—_—_—_—_—_ _—_—_—_—_—_—_—_—_—_-- --- (� 07 �r ELEVATIONS 1 REAR ELEVATION AS12 kH Page 11 54 I EXTr RIOR ENDE.RIN•" A813 Page 12 55 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein[H-2020-0099 AZ, DR, CUP, PP, PS(DA#2021-046525);FP-2021-00131. 2. The site/landscape plans shall be revised as follows: a. 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. b. Additional signage and parking lot striping are required throughout the site to efficiently and adequately direct patrons to the menu boards and throughout the site with minimal conflict. c. Install additional signage ahead of the southern crossing warning drivers to watch for pedestrians. d. Incorporate shrubs and rock mulch in the landscape planter adjacent to the buffer along the northwest side of the drive aisle entrance/exit in accordance with UDC 11-3B-8C. e. The required landscape areas within the planters shall be at least seventy(70)percent covered with vegetation at maturity,with mulch used under and around the plants in accordance with UDC 11-313-5. f. Provide a copy of the recorded cross-access/ingress-egress easement to adjoining properties to the south[parcel#R5711030060] to the Planning Division with the future CZC and Design Review application in accordance with the provisions of UDC 11-3A-3A2. 3. The existing landscaping buffers along N. Ten Mile Road and W. Pine Avenue shall remain in place and shall be protected during construction on the site per UDC 11-3B-10. 4. Compliance with the standards listed in UDC 11-4-3-I1—Drive-Through Establishment and standards listed in UDC 11-4-3-49—Restaurant is required. 5. Direct access via S. Ten Mile Road and W. Pine Avenue is prohibited. 6. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19;the design standards listed in the Architectural Standards Manual and with the Development Agreement. 7. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B- 6F. B. PUBLIC WORKS https:llweblink.meridianciV.or /WebLinkIDocView.aspx?id=346087&dbid=0&repo=MeridianCitX Page 13 56 C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. KUNA SCHOOL DISTRICT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=346103&dbid=0&repo=MeridianCity F. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=346723&dbid=0&repo=MeridianCity G. VALLEY REGIONAL TRANSIT https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=346195&dbid=0&repo=MeridianCitX H. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=348393&dbid=0&repo=MeridianCity I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=346344&dbid=0&repo=MeridianCitX J. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.ore/WebLink/DocView.aspx?id=346116&dbid=0&repo=MeridianCity X. FINDINGS A. Conditional Use Permit(UDC 11-513-6E) 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. Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-C district(see Analysis, Section VI for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Commission finds the proposed restaurant with a drive-through will be harmonious with the uses allowed in the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IX of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Page 14 57 Commission finds the design, construction, operation and maintenance of the proposed use will be 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. Commission 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. Commission 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. Commission finds theproposed use will not create additional costs forpublic 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. Commission 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). Commission finds the proposed use will not result in the destruction, loss or damage of any such features. Page 15 ■ E K IDIAN:--- iuAn Planning and Zoning Presentations and outline h2 Planning & Zoning July 18, 2024Commission Meeting Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 ZoningAerialFLUM Annexation Area ZoningAerialFLUM Preliminary PlatLandscape Plan ZoningAerialFLUM ZoningAerialFLUM Existing Site PlanProposed CUP Site Plan Existing Landscape PlanProposed CUP Landscape Plan NOT APPROVED Concept Plan BConcept Plan A Changes to Agenda: st Item #5: The Gateway at Ten Mile (H-2024-0010) – Applicant requests continuance to the August 1 in order to obtain ACHD’s staff report. Item #4: Blayden Subdivision (H-2023-0043) Application(s): Annexation, Preliminary Plat & Conditional Use Permit Size of property, existing zoning, and location: This property consists of 35.29-acres of land zoned RUT in Ada County and is located off the SWC of N. Black Cat Rd. & W. Chinden Blvd./SH 20-26. History: None Comprehensive Plan FLUM Designation: The northern 25-acres of land is Mixed Use – Regional (MU-R) & the southern 10-acres is Medium Density Residential (MDR). The Applicant requests to be allowed to use the abutting MU-R FLUM designation on 50% of the MDR designated area. The Comprehensive Plan allows for such requests when determined appropriate and approved as part of a public hearing with a land development application. The Applicant believes this extension of the MU-R designation on 5- of the 10- acres of MDR designated land will allow for an ideal and suitable mix of commercial near major transportation arterials. Summary of Request: The Applicant requests annexation of 38.58-acres of land with 5.9-acres of R-8, 1.83-acres of R-15, 16.71- acres of R-40 and 14.15-acres of C-G zoning for the development of 312 multi-family apartment units, 10 townhome units, and 4 commercial lots. A holding area is proposed on the southern part of the annexation area for future development – a portion of this area is where the Applicant requests the MU-R FLUM designation is extended with C-G zoning for future development of a mid-box retail building and an office park as shown on the proposed concept plan. Staff is requesting the Applicant revise the concept plan for the holding area to swap places with the mid-box retail store and the office use so that the retail store is situated adjacent to Black Cat Rd. and the office use is located internal adjacent to future SFR uses for a better transition in land uses and consistency with the concept diagram in Figure 3D of the Comp Plan. Staff also recommends a change to the zoning in this area from C-G to L-O for the office park, which will provide a better transition in zoning and result in development that’s more compatible with adjacent residential uses form-wise as well as with hours of business operation. Staff is also recommending changes to the concept plan to include the following: Relocation of the plaza area on the south side of Ramblin further to the south in a more central location for the future office park away from the collector street for better integration and access. Details for the plaza and open space areas in the commercial portion of the development on the north side of Ramblin to demonstrate consistency with the mixed-use guidelines in the Comp Plan that require such areas to be “centers of activity” and be activated with permanent design elements and amenities, integrated into the overall development, interconnected with meaningful points of interest, prioritization of pedestrian infrastructure, highly visible and accessible, and designed to enhance both the adjacent uses and larger mixed-use area. A preliminary plat is proposed for 15 building lots consisting of (1) multi-family lot, 10 townhouse lots and 4 commercial lots; 7 common lots; 1 driveway/parking lot; and 3 other lots for future re-subdivision & development consisting of 1 commercial and 2 SFR lots on 35.29-acres of land in the R-8, R-15, R-40 and C-G zoning districts. The subdivision is proposed to develop in 5 phases with the MFR rd development & townhomes in the first (2) phases, the commercial on the north side of Ramblin in the 3 phase, the commercial in the th holding area on the south side of Ramblin in the 4 phase and the SFR in the holding area in the last phase. In order to ensure some services are available for the proposed residents in this area prior to full build-out of the residential area, Staff recommends a change to the phasing plan to swap Phases 2 and 3. All of the existing homes & accessory structures and access driveways to Chinden, Black Cat & Larry Ln. will be removed prior to development of the phase in which they’re located. Access is proposed via one (1) new collector street (Ramblin Dr.) in accord with the Master Street Map. Ramblin will run parallel with Chinden and eventually connect to Rustic Oak to the west with development of Prescott Ridge Sub. and the school to the south. Ramblin will function as a backage road providing connectivity and access to all properties fronting the state highway in this area. ACHD is requiring a southbound right-turn lane on Black Cat at the Ramblin/Black Cat Rd. intersection. A traffic signal is planned at the Rustic Oak/Chinden intersection for safe access via the state highway. A temporary emergency only access is proposed via Chinden Blvd. until such time as Ramblin is extended to Rustic Oak in the future; permanent access is prohibited. Staff recommends the emergency access is relocated to the west boundary of the site in order to comply with the noise abatement standards in UDC 11-3H-4D.3, which prohibit breaks in the berm/wall along the state highway. Cross-access/ingress-egress easements are required to be granted to the out-parcel at the NEC of the site for future access and interconnectivity. A 35’ wide street buffer is required along Chinden & Black Cat, both entryway corridors, and a 20’ buffer is required along Ramblin, landscaped in accord with UDC standards. Noise abatement in the form of a 4’ tall berm with a 6’ tall concrete modulated wall on top of the berm is proposed at the back edge of the street buffer along Chinden as required for residential uses adjoining a state highway. A 10’ wide detached multi-use pathway exists within the buffer along Chinden. A 10’ detached pathway is required within the buffer along Black Cat as proposed in accord with the Pathways Master Plan and a 10’ pathway is proposed along the collector street for pedestrian safety. The existing trees that will be removed from the site require mitigation in accord with UDC standards. Concept elevations were submitted for the proposed townhomes as shown. Concept plans were not submitted for the future commercial buildings. All structures, except SFR detached homes, are required to comply with the design standards in the Architectural Standards Manual. A Conditional Use Permit is proposed for a multi-family development consisting of 312 dwelling units on 16.70-acres of land in the R-40 zoning district. A mix of 1- (72 units), 2- (180 units) and 3-bedroom (60 units) units are proposed in (16) 3-story structures. Three (3) different building floor plans are proposed, as follows: (4) Type A – containing a total of 30 units each; (4) Type B – containing a total of 24 units each; and (8) Type C – containing a total of 12 units each. As previously mentioned, the MFR development is proposed to be constructed in (2) phases – the UDC requires common open space to be provided in each phase of development consistent with the requirements for the size and number of dwelling units. Two (2) driveway accesses via Ramblin are proposed along the southern boundary of the site with an emergency access via Chinden. Internal private streets are required to be provided for addressing purposes. Compliance with the specific use standards in the UDC for MFR developments is required, which include private open space, common open space, site amenities, parking, and landscaping among other things. A minimum of 80 s.f. of private usable open space is required for each unit; 82 s.f. is proposed, exceeding the standards. Based on the area of the site and the square footage of the proposed units, a minimum of 3.46-acres of common open space is required to be provided within the development; a total of 3.58- acres is proposed, exceeding the standard, consisting of ½ the street buffer along Chinden, a dog park, common area where a clubhouse, swimming pool & tot lot are proposed, and linear open space that meets & exceeds the minimum area standards. Staff is recommending revisions to the site plan prior to the Council hearing for the common areas proposed along the southern boundary where the dog park, clubhouse & swimming pool and tot lot are located along the collector street to be relocated to a more central location within the development accessible by pathways for convenient access and for more visibility of these areas from the multi-family units in accord with open space & CPTED standards. The number of site amenities required for a development is based on the size/# of units in the MFR development. For developments with more than 100 units such as this, the decision-making body shall require additional amenities \[i.e. beyond the four (4) required for developments with 75 units or more\] commensurate to the size of the proposed development, with at least one (1) from each category (i.e. quality of life, open space, recreation, multi-modal). The following amenities are proposed from each of the following categories: 1) Quality of Life – clubhouse, which includes a fitness facility and dog wash station, and a dog park with waste station; Open Space – (4) community garden areas, plazas and a (5) picnic areas, including tables, benches, landscaping and a shade structure; Recreation – swimming pool, children’s play structure/tot lot, walking trails/pathways; and Multi-modal –bicycle repair station and enclosed bicycle storage in the clubhouse. Staff is of the opinion the proposed amenities meet and exceed the standards. Off-street parking is proposed in excess of UDC standards. A minimum of 679 spaces are required, including guest parking & covered spaces. A total of 693 spaces are proposed. Bicycle parking is also proposed for each building & the clubhouse in excess of the minimum standards. Conceptual elevations and perspective drawings of views from Chinden were submitted for the multi-family structures as shown. Written Testimony: Matt & Ashley Neukom and John Bartlett III & Vickie Bartlett – requests denial of the project based on the development requirements in the CC&R’s for Compton Sub. No. 2, which require minimum 1-acre lot sizes within the subdivision. Brooke Neilson – requests denial of the proposed MFR development due to over-capacity of area schools and traffic flow in this area not able to accommodate so much housing. Wade Ramsey, HOA President of Bainbridge Sub. (to the east) – Concern pertaining to traffic cut-through through Paramount Sub. to the commercial uses to the east on Ten Mile Rd.; southbound traffic on Black Cat Rd. & congestion during peak hours – request for a traffic signal or a roundabout to alleviate congestion; concern pertaining to safety of children traveling to the nearby elementary school with construction of sidewalks on this property but no sidewalk along Black Cat Rd. for approximately 500’ in between the subject property and the school. The Paramount HOA Board, representing its homeowners, opposes this project until infrastructure improvements are made to accommodate the proposed development. Stephanie Labastida – Opposed to the development due to the negative impacts on the quality of life of residents in the Trilogy Sub. (to the east) due to increased traffic volumes and speeds and associated safety hazards for children who live in the area, noise, congestion and increased activity in the area. Preference for this area to develop with solely residential uses rather than mixed-use with commercial and desire for commercial uses to be provided further to the west. Staff Recommendation: Approval with the requirement of a DA per the conditions in the staff report. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2023-0043, as presented in the staff report for the hearing date of July 18, 2024, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2023- 0043, as presented during the hearing on July 18, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0043 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) ___________________________________________________________________________________________________________ Item #6: The Bruery CUP (H-2024-0013) Application(s): Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.06 acres of land, zoned C-G, located at 1184 S. Silverstone Way. History: Mile High Pine Development in 2020. The approved concept plan in the recorded development agreement depicted a drive- through on this lot. Comprehensive Plan FLUM Designation: Mixed-Use Regional (MU-R) Summary of Request: A conditional use permit (CUP) to allow a drinking establishment occupying 1,829 square feet within an existing 11,000 square foot shell building in the Eagle View Retail East Building with 5,287 square feet of fenced in outdoor patio area. Access: Access to this development is via S. Silverstone Way which was approved with the Rackham Subdivision. Parking: UDC 11-3C-5B requires one space for two hundred and fifty (250) square feet of gross floor area. This amounts to seven (7) parking spaces for the 1,829 square feet tenant space and twenty-one (21) spaces for 5,287 square feet of outdoor seating area for a total of twenty-eight (28) parking spaces. One hundred and forty-eight (148) parking spaces for the entire building has already been approved per the Eagle View East Retail Building CZC. The UDC requires 2 bicycle parking spaces for the development; bicycle parking was approved with the CZC and constructed with the development. Landscaping: There is an existing landscaping buffer along S. Silverstone Way and E. Flatiron Lane, which was installed with the development of the building and complex. Landscape islands have been installed for approved parking lot and installed for the outdoor plaza area. Building Elevations: The building elevations were approved as part of the CZC, DES A-2019-0389 review in 2019. No exterior work other than installing the fence around the outdoor seating area is being proposed. The fence is being reviewed with CZC A-2024-0048. Written Testimony: None Staff Recommendation: Approval of the Conditional Use Permit per the conditions and according to the Findings in the Staff Report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2024-0013, as presented in the staff report for the hearing date of July 18, 2024, 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-2024-0013, as presented during the hearing on July 18, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0013 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) ___________________________________________________________________________________________________________ Item #7: Firenze Plaza MDA, CUP (H--2024-0007) Application(s): Development Agreement Modification & Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.933 acres of land, zoned C-C, located at 3182 E. Mount Etna Drive. History: Firenze Plaza Subdivision approved in 2019. The approved concept plan in the recorded development agreement for this area depicts four lots with commercial buildings. Comprehensive Plan FLUM Designation: Mixed-Use Community (MU-C) Summary of Request: Modification to the existing Development Agreement (DA) (Inst. #2017-041827) to include new owners’ information and revised concept plans for the four (4) commercial lots north of E. Mount Etna Drive. A Conditional Use Permit is being requested for a 3,320 square foot bank with drive-through for an automatic teller machine (ATM). Development Agreement: The Applicant is requesting a modification to the existing Development Agreement Inst. # 2017-041827 to update the owner’s information and revise the concept plan, elevations, site and landscape plans north of Mt. Edna Drive to reduce the commercial square footage from 20,000 square feet to 11,000 square feet, a reduction of 9,000 square feet. The applicant submitted two concept plans with the DA modification. The concurrent CUP is only approving the drive-through on the southern portion of the development for the proposed bank. Staff is not in support of another drive-through on the northern property and therefore does not support Concept Plan A. The applicant has provided a legal description for the boundary of the new DA. Staff recommends the following DA provision be included in the new DA: 1. Revision of the concept plan to show the entrance to the property at its current location. 2. Eliminate the concept plan showing the drive through on the northern property. Hours of Operation: The bank hours are within the required operating hours; however, the drive-through and walk-up ATM will be available twenty-four (24) hours/seven (7) days a week. Utilities: Water and sewer services were installed with the development of the Firenze Plaza subdivision. Any stubs not used should be abandoned per City requirements. Location of water meter should not be in a drive or walking path and should be in a landscaping area. The City requires twenty (20) feet easements for mains, hydrant laterals and water services. Easements should extend up to the end of main/hydrant/water meter and ten (10) feet beyond it. Current water stub easement does not meet City's current standards and should be updated. No trees or permeant structures are allowed in utility easements. Access: Access to the site is from E. Mt. Etna Drive via S. Eagle Road. There is no direct access to the property from S. Eagle Road. The applicant is requesting to relocate the entrance to the property further west. ACHD has approved the applicant’s request to relocate the existing entrance to the property. However; staff is not in support of this proposal as the improvements have been installed and it interferes with the cross access that was approved with the recorded plat. Utilities have already been installed and would need to be relocated. Staff recommends the concept plan be revised to keep the access in its current location. Parking: UDC 11-3C-5B requires one space for five hundred (500) square feet of gross floor area of the office space. Based on 3,182 s.f., a minimum of six (6) parking spaces is required. A total of thirty-two (32) parking spaces are proposed, exceeding UDC the Changes to Agenda: st Item #5: The Gateway at Ten Mile (H-2024-0010) – Applicant requests continuance to the August 1 in order to obtain ACHD’s staff report. Item #4: Blayden Subdivision (H-2023-0043) Application(s): Annexation, Preliminary Plat & Conditional Use Permit Size of property, existing zoning, and location: This property consists of 35.29-acres of land zoned RUT in Ada County and is located off the SWC of N. Black Cat Rd. & W. Chinden Blvd./SH 20-26. History: None Comprehensive Plan FLUM Designation: The northern 25-acres of land is Mixed Use – Regional (MU-R) & the southern 10-acres is Medium Density Residential (MDR). The Applicant requests to be allowed to use the abutting MU-R FLUM designation on 50% of the MDR designated area. The Comprehensive Plan allows for such requests when determined appropriate and approved as part of a public hearing with a land development application. The Applicant believes this extension of the MU-R designation on 5- of the 10- acres of MDR designated land will allow for an ideal and suitable mix of commercial near major transportation arterials. Summary of Request: The Applicant requests annexation of 38.58-acres of land with 5.9-acres of R-8, 1.83-acres of R-15, 16.71- acres of R-40 and 14.15-acres of C-G zoning for the development of 312 multi-family apartment units, 10 townhome units, and 4 commercial lots. A holding area is proposed on the southern part of the annexation area for future development – a portion of this area is where the Applicant requests the MU-R FLUM designation is extended with C-G zoning for future development of a mid-box retail building and an office park as shown on the proposed concept plan. Staff is requesting the Applicant revise the concept plan for the holding area to swap places with the mid-box retail store and the office use so that the retail store is situated adjacent to Black Cat Rd. and the office use is located internal adjacent to future SFR uses for a better transition in land uses and consistency with the concept diagram in Figure 3D of the Comp Plan. Staff also recommends a change to the zoning in this area from C-G to L-O for the office park, which will provide a better transition in zoning and result in development that’s more compatible with adjacent residential uses form-wise as well as with hours of business operation. Staff is also recommending changes to the concept plan to include the following: Relocation of the plaza area on the south side of Ramblin further to the south in a more central location for the future office park away from the collector street for better integration and access. Details for the plaza and open space areas in the commercial portion of the development on the north side of Ramblin to demonstrate consistency with the mixed-use guidelines in the Comp Plan that require such areas to be “centers of activity” and be activated with permanent design elements and amenities, integrated into the overall development, interconnected with meaningful points of interest, prioritization of pedestrian infrastructure, highly visible and accessible, and designed to enhance both the adjacent uses and larger mixed-use area. A preliminary plat is proposed for 15 building lots consisting of (1) multi-family lot, 10 townhouse lots and 4 commercial lots; 7 common lots; 1 driveway/parking lot; and 3 other lots for future re-subdivision & development consisting of 1 commercial and 2 SFR lots on 35.29-acres of land in the R-8, R-15, R-40 and C-G zoning districts. The subdivision is proposed to develop in 5 phases with the MFR rd development & townhomes in the first (2) phases, the commercial on the north side of Ramblin in the 3 phase, the commercial in the th holding area on the south side of Ramblin in the 4 phase and the SFR in the holding area in the last phase. In order to ensure some services are available for the proposed residents in this area prior to full build-out of the residential area, Staff recommends a change to the phasing plan to swap Phases 2 and 3. All of the existing homes & accessory structures and access driveways to Chinden, Black Cat & Larry Ln. will be removed prior to development of the phase in which they’re located. Access is proposed via one (1) new collector street (Ramblin Dr.) in accord with the Master Street Map. Ramblin will run parallel with Chinden and eventually connect to Rustic Oak to the west with development of Prescott Ridge Sub. and the school to the south. Ramblin will function as a backage road providing connectivity and access to all properties fronting the state highway in this area. ACHD is requiring a southbound right-turn lane on Black Cat at the Ramblin/Black Cat Rd. intersection. A traffic signal is planned at the Rustic Oak/Chinden intersection for safe access via the state highway. A temporary emergency only access is proposed via Chinden Blvd. until such time as Ramblin is extended to Rustic Oak in the future; permanent access is prohibited. Staff recommends the emergency access is relocated to the west boundary of the site in order to comply with the noise abatement standards in UDC 11-3H-4D.3, which prohibit breaks in the berm/wall along the state highway. Cross-access/ingress-egress easements are required to be granted to the out-parcel at the NEC of the site for future access and interconnectivity. A 35’ wide street buffer is required along Chinden & Black Cat, both entryway corridors, and a 20’ buffer is required along Ramblin, landscaped in accord with UDC standards. Noise abatement in the form of a 4’ tall berm with a 6’ tall concrete modulated wall on top of the berm is proposed at the back edge of the street buffer along Chinden as required for residential uses adjoining a state highway. A 10’ wide detached multi-use pathway exists within the buffer along Chinden. A 10’ detached pathway is required within the buffer along Black Cat as proposed in accord with the Pathways Master Plan and a 10’ pathway is proposed along the collector street for pedestrian safety. The existing trees that will be removed from the site require mitigation in accord with UDC standards. Concept elevations were submitted for the proposed townhomes as shown. Concept plans were not submitted for the future commercial buildings. All structures, except SFR detached homes, are required to comply with the design standards in the Architectural Standards Manual. A Conditional Use Permit is proposed for a multi-family development consisting of 312 dwelling units on 16.70-acres of land in the R-40 zoning district. A mix of 1- (72 units), 2- (180 units) and 3-bedroom (60 units) units are proposed in (16) 3-story structures. Three (3) different building floor plans are proposed, as follows: (4) Type A – containing a total of 30 units each; (4) Type B – containing a total of 24 units each; and (8) Type C – containing a total of 12 units each. As previously mentioned, the MFR development is proposed to be constructed in (2) phases – the UDC requires common open space to be provided in each phase of development consistent with the requirements for the size and number of dwelling units. Two (2) driveway accesses via Ramblin are proposed along the southern boundary of the site with an emergency access via Chinden. Internal private streets are required to be provided for addressing purposes. Compliance with the specific use standards in the UDC for MFR developments is required, which include private open space, common open space, site amenities, parking, and landscaping among other things. A minimum of 80 s.f. of private usable open space is required for each unit; 82 s.f. is proposed, exceeding the standards. Based on the area of the site and the square footage of the proposed units, a minimum of 3.46-acres of common open space is required to be provided within the development; a total of 3.58- acres is proposed, exceeding the standard, consisting of ½ the street buffer along Chinden, a dog park, common area where a clubhouse, swimming pool & tot lot are proposed, and linear open space that meets & exceeds the minimum area standards. Staff is recommending revisions to the site plan prior to the Council hearing for the common areas proposed along the southern boundary where the dog park, clubhouse & swimming pool and tot lot are located along the collector street to be relocated to a more central location within the development accessible by pathways for convenient access and for more visibility of these areas from the multi-family units in accord with open space & CPTED standards. The number of site amenities required for a development is based on the size/# of units in the MFR development. For developments with more than 100 units such as this, the decision-making body shall require additional amenities \[i.e. beyond the four (4) required for developments with 75 units or more\] commensurate to the size of the proposed development, with at least one (1) from each category (i.e. quality of life, open space, recreation, multi-modal). The following amenities are proposed from each of the following categories: 1) Quality of Life – clubhouse, which includes a fitness facility and dog wash station, and a dog park with waste station; Open Space – (4) community garden areas, plazas and a (5) picnic areas, including tables, benches, landscaping and a shade structure; Recreation – swimming pool, children’s play structure/tot lot, walking trails/pathways; and Multi-modal –bicycle repair station and enclosed bicycle storage in the clubhouse. Staff is of the opinion the proposed amenities meet and exceed the standards. Off-street parking is proposed in excess of UDC standards. A minimum of 679 spaces are required, including guest parking & covered spaces. A total of 693 spaces are proposed. Bicycle parking is also proposed for each building & the clubhouse in excess of the minimum standards. Conceptual elevations and perspective drawings of views from Chinden were submitted for the multi-family structures as shown. Written Testimony: Matt & Ashley Neukom and John Bartlett III & Vickie Bartlett – requests denial of the project based on the development requirements in the CC&R’s for Compton Sub. No. 2, which require minimum 1-acre lot sizes within the subdivision. Brooke Neilson – requests denial of the proposed MFR development due to over-capacity of area schools and traffic flow in this area not able to accommodate so much housing. Wade Ramsey, HOA President of Bainbridge Sub. (to the east) – Concern pertaining to traffic cut-through through Paramount Sub. to the commercial uses to the east on Ten Mile Rd.; southbound traffic on Black Cat Rd. & congestion during peak hours – request for a traffic signal or a roundabout to alleviate congestion; concern pertaining to safety of children traveling to the nearby elementary school with construction of sidewalks on this property but no sidewalk along Black Cat Rd. for approximately 500’ in between the subject property and the school. The Paramount HOA Board, representing its homeowners, opposes this project until infrastructure improvements are made to accommodate the proposed development. Stephanie Labastida – Opposed to the development due to the negative impacts on the quality of life of residents in the Trilogy Sub. (to the east) due to increased traffic volumes and speeds and associated safety hazards for children who live in the area, noise, congestion and increased activity in the area. Preference for this area to develop with solely residential uses rather than mixed-use with commercial and desire for commercial uses to be provided further to the west. Staff Recommendation: Approval with the requirement of a DA per the conditions in the staff report. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2023-0043, as presented in the staff report for the hearing date of July 18, 2024, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2023- 0043, as presented during the hearing on July 18, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0043 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) ___________________________________________________________________________________________________________ Item #6: The Bruery CUP (H-2024-0013) Application(s): Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.06 acres of land, zoned C-G, located at 1184 S. Silverstone Way. History: Mile High Pine Development in 2020. The approved concept plan in the recorded development agreement depicted a drive- through on this lot. Comprehensive Plan FLUM Designation: Mixed-Use Regional (MU-R) Summary of Request: A conditional use permit (CUP) to allow a drinking establishment occupying 1,829 square feet within an existing 11,000 square foot shell building in the Eagle View Retail East Building with 5,287 square feet of fenced in outdoor patio area. Access: Access to this development is via S. Silverstone Way which was approved with the Rackham Subdivision. Parking: UDC 11-3C-5B requires one space for two hundred and fifty (250) square feet of gross floor area. This amounts to seven (7) parking spaces for the 1,829 square feet tenant space and twenty-one (21) spaces for 5,287 square feet of outdoor seating area for a total of twenty-eight (28) parking spaces. One hundred and forty-eight (148) parking spaces for the entire building has already been approved per the Eagle View East Retail Building CZC. The UDC requires 2 bicycle parking spaces for the development; bicycle parking was approved with the CZC and constructed with the development. Landscaping: There is an existing landscaping buffer along S. Silverstone Way and E. Flatiron Lane, which was installed with the development of the building and complex. Landscape islands have been installed for approved parking lot and installed for the outdoor plaza area. Building Elevations: The building elevations were approved as part of the CZC, DES A-2019-0389 review in 2019. No exterior work other than installing the fence around the outdoor seating area is being proposed. The fence is being reviewed with CZC A-2024-0048. Written Testimony: None Staff Recommendation: Approval of the Conditional Use Permit per the conditions and according to the Findings in the Staff Report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2024-0013, as presented in the staff report for the hearing date of July 18, 2024, 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-2024-0013, as presented during the hearing on July 18, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0013 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) ___________________________________________________________________________________________________________ Item #7: Firenze Plaza MDA, CUP (H--2024-0007) Application(s): Development Agreement Modification & Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.933 acres of land, zoned C-C, located at 3182 E. Mount Etna Drive. History: Firenze Plaza Subdivision approved in 2019. The approved concept plan in the recorded development agreement for this area depicts four lots with commercial buildings. Comprehensive Plan FLUM Designation: Mixed-Use Community (MU-C) Summary of Request: Modification to the existing Development Agreement (DA) (Inst. #2017-041827) to include new owners’ information and revised concept plans for the four (4) commercial lots north of E. Mount Etna Drive. A Conditional Use Permit is being requested for a 3,320 square foot bank with drive-through for an automatic teller machine (ATM). Development Agreement: The Applicant is requesting a modification to the existing Development Agreement Inst. # 2017-041827 to update the owner’s information and revise the concept plan, elevations, site and landscape plans north of Mt. Edna Drive to reduce the commercial square footage from 20,000 square feet to 11,000 square feet, a reduction of 9,000 square feet. The applicant submitted two concept plans with the DA modification. The concurrent CUP is only approving the drive-through on the southern portion of the development for the proposed bank. Staff is not in support of another drive-through on the northern property and therefore does not support Concept Plan A. The applicant has provided a legal description for the boundary of the new DA. Staff recommends the following DA provision be included in the new DA: 1. Revision of the concept plan to show the entrance to the property at its current location. 2. Eliminate the concept plan showing the drive through on the northern property. Hours of Operation: The bank hours are within the required operating hours; however, the drive-through and walk-up ATM will be available twenty-four (24) hours/seven (7) days a week. Utilities: Water and sewer services were installed with the development of the Firenze Plaza subdivision. Any stubs not used should be abandoned per City requirements. Location of water meter should not be in a drive or walking path and should be in a landscaping area. The City requires twenty (20) feet easements for mains, hydrant laterals and water services. Easements should extend up to the end of main/hydrant/water meter and ten (10) feet beyond it. Current water stub easement does not meet City's current standards and should be updated. No trees or permeant structures are allowed in utility easements. Access: Access to the site is from E. Mt. Etna Drive via S. Eagle Road. There is no direct access to the property from S. Eagle Road. The applicant is requesting to relocate the entrance to the property further west. ACHD has approved the applicant’s request to relocate the existing entrance to the property. However; staff is not in support of this proposal as the improvements have been installed and it interferes with the cross access that was approved with the recorded plat. Utilities have already been installed and would need to be relocated. Staff recommends the concept plan be revised to keep the access in its current location. Parking: UDC 11-3C-5B requires one space for five hundred (500) square feet of gross floor area of the office space. Based on 3,182 s.f., a minimum of six (6) parking spaces is required. A total of thirty-two (32) parking spaces are proposed, exceeding UDC the minimum standards. A minimum of one (1) bicycle parking space is required for every 25 vehicle parking spaces per UDC 11-3C-6G. Based on thirty-two (32) vehicle parking spaces, a minimum of two (2) bicycle parking spaces is required. A bicycle rack has been depicted on the landscape plan. Landscaping: There is an existing twenty-five (25) foot landscape buffer with a ten (10) foot detached sidewalk along N. Eagle Road an arterial street. The applicant is proposing a sixteen (16) foot landscape buffer along E. Mt. Etna Drive with a five (5) foot detached sidewalk when they relocate the entrance to the property further to the west. The applicant is also proposing a twenty-five (25) foot landscape buffer along the west property line as a buffer to the residential uses with a seven (7) foot sidewalk. Landscaping shall be installed per the standards listed in UDC 11-3B-7, UDC 11-3B-8 and UDC 11-3B-9C. The applicant shall protect the existing landscaping during construction. Fencing: The applicant is proposing a privacy fence along the boundary to the west and north of the properties. The fence shall meet the requirements of UDC 11-3A-7. Building Elevations: Building elevations were submitted for the proposed Chase Bank. Building materials consist of smooth face CMU panels, glass, and fiber cement. Staff has reviewed the design which complies with the design standards in the Architectural Standards Manual (ASM). Upon approval of the Conditional Use Permit approval of the Design Review shall be issued. Conceptual design was submitted for the retail building as part of the Development Agreement Modification. Final plans will be submitted for review and approval prior to building permit submittal. Written Testimony: Andrea Covolo – Not in support of the bank at that location Joy Livingston – Not in support of the bank at that location Staff Recommendation: Approval of the DA Modification and Conditional Use Permit per the conditions and according to the Findings in the Staff Report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2024-0007, as presented in the staff report for the hearing date of July 18, 2024, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2024- 0007, as presented during the hearing on July 18, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) minimum standards. A minimum of one (1) bicycle parking space is required for every 25 vehicle parking spaces per UDC 11-3C-6G. Based on thirty-two (32) vehicle parking spaces, a minimum of two (2) bicycle parking spaces is required. A bicycle rack has been depicted on the landscape plan. Landscaping: There is an existing twenty-five (25) foot landscape buffer with a ten (10) foot detached sidewalk along N. Eagle Road an arterial street. The applicant is proposing a sixteen (16) foot landscape buffer along E. Mt. Etna Drive with a five (5) foot detached sidewalk when they relocate the entrance to the property further to the west. The applicant is also proposing a twenty-five (25) foot landscape buffer along the west property line as a buffer to the residential uses with a seven (7) foot sidewalk. Landscaping shall be installed per the standards listed in UDC 11-3B-7, UDC 11-3B-8 and UDC 11-3B-9C. The applicant shall protect the existing landscaping during construction. Fencing: The applicant is proposing a privacy fence along the boundary to the west and north of the properties. The fence shall meet the requirements of UDC 11-3A-7. Building Elevations: Building elevations were submitted for the proposed Chase Bank. Building materials consist of smooth face CMU panels, glass, and fiber cement. Staff has reviewed the design which complies with the design standards in the Architectural Standards Manual (ASM). Upon approval of the Conditional Use Permit approval of the Design Review shall be issued. Conceptual design was submitted for the retail building as part of the Development Agreement Modification. Final plans will be submitted for review and approval prior to building permit submittal. Written Testimony: Andrea Covolo – Not in support of the bank at that location Joy Livingston – Not in support of the bank at that location Staff Recommendation: Approval of the DA Modification and Conditional Use Permit per the conditions and according to the Findings in the Staff Report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2024-0007, as presented in the staff report for the hearing date of July 18, 2024, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2024- 0007, as presented during the hearing on July 18, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Blayden Subdivision (H-2023-0043) by Bailey Engineering, located at the south side of W. Chinden Blvd. and west side of N. Black Cat Rd. Application Materials: https://bit.ly/H-2023-0043 A. Request: Annexation of 38.58-acres of land with R-8 (5.90), R-15 (1.83-acres), R-40 (16.71- acres) and C-G (14.15-acres) zoning districts. B. Request: Conditional Use Permit for a multi-family development consisting of 312 dwelling units on 16.71-acres of land in the R-40 zoning district. C. Preliminary Plat consisting of 15 building lots, 7 common lots, 1 drive/parking lot and 3 other lots for future development on 35.29-acres of land in the R-8, R-15, R-40 and C-G zoning districts. F59 PUBLIC HEARING SIGN IN SHEET DATE : July 18, 2024 ITEM # ON AGENDA : 4 PROJECT NAME : Blayden Subdivision ( W2023 - 0043 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 2 q 15 W L ' Vv L t Nd 3 4 5 � i � � WAiS �pa l QA LEY z536I 6 C6 WVCAW ► 6 ��S �\J 61 `c k ccti f+ CAW [ WVAK& 7 50010 Ov Ua rA me tL% g� 6llc k 8 9 '� 3 L 10 ev e' 5+- b 10 t16/ 3 W 12 1 es j 13 _ I' 14 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT 1,H p HEARING July 18,2024 Legend DATE: Continued from:December 7, 2023; ff I�Pro�c= Loco?or 4Y February 15, 2024;April 4, 2024;May 16, 2024; and June 20, 2024 TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner 208-884-5533 8 SUBJECT: Blayden Subdivision—AZ, PP, CUP H-2023-0043 '~ LOCATION: South side of W. Chinden Blvd. and west +. side of N. Black Cat Rd. in the NE 1/4 of Section 28,TAN.,R.1 W. � ERF I. PROJECT DESCRIPTION The Applicant has submitted the following applications: • Annexation(AZ)of 38.58-acres of land with R-8 (5.90),R-15 (1.83-acres),R-40(16.71-acres) and C-G(14.15-acres)zoning districts; • Conditional Use Permit(CUP)for a multi-family development consisting of 312 dwelling units on 16.70-acres of land in the R-40 zoning district; and • Preliminary Plat(PP) consisting of 15 building lots(1 multi-family lot for 312 apartment units, 10 townhouse lots and 4 commercial lots),7 common lots, 1 drive/parking lot and 3 other holding area lots(1 commercial and 2 single-family residential lots)for future development on 35.29-acres of land in the R-8,R-15,R-40 and C-G zoning districts for Blayden Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 38.58-acres AZ(to section line of W. Chinden Blvd. &N.Black Cat Rd.); 16.70-acres CUP; 35.29-acres PP Future Land Use Designation Mixed Use—Regional(MU-R)&Medium Density Residential(MDR) Existing Land Use Rural residential,agriculture Proposed Land Use Residential&commercial Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium Density Residential)(5.90-acres);R-15 (Medium High-density Residential)(1.83-acres),R-40(High-density Residential)(16.71-acres)& General Retail and Service Commercial(C-G)(14.15-acres) Page 1 ■ Lots(#and type;bldg/common) 15 building,7 common, 1 drive/parking lot,and 3 other lots for future development Phasing plan(#of phases) 5 - Number of Residential Units(type 312 apartment units, 10 townhome units (+future units from the 2 single-family of units) residential lots for future re-subdivision) Density(gross&net) 17.38 units/acre(gross)overall in residential areas(i.e.apartments&townhome areas—does not include future residential redevelopment&commercial areas) Open Space(acres,total[%]/ R-15 (townhomes): 0.28-acre(or 15.2%) buffer/qualified) R-40(multi-family): 3.55 acres Amenities Clubhouse,swimming pool,covered bike storage,tot lot,dog park, community gardens&shelters,picnic areas,walking trails/pathways Physical Features(waterways, There is an open irrigation ditch along the eastern portion of the northern hazards,flood plain,hillside) boundary of the site along W.Chinden Blvd. Neighborhood meeting date 6/21/23,3/28/24,4/11/24 History(previous approvals) ROS#3215,#7002 and#10365;Lot 1,Block 1,Compton's Subdivision No. 1; Lot 2,Comptons Subdivision No. 2;Lots 3-8 Block 1,Luhr Subdivision B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • TIS(yes/no) Yes(CR Engineering) • Level of Service(LOS) Chinden Blvd./US 20-26:NA(ITD facility) Black Cat Rd.: Better than"E" • Trip Generation(estimate) 5,173 additional vehicle trips/day(47 existing);506 additional vehicle trips/hour in the PM peak hour 5 existing),based on the TIS. • Existing Conditions • CIP/IFYWP Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • Black Cat Road is listed in the GIP to be widened to 5-lanes from McMillan Road to Chinden Boulevard(US 20126)between 2036 and 2040. • The intersection of Black Cat Road and Chinden Boulevard(US 20126)is listed in the CIP to be reconstructed or widened and signalized between 2036 and 2040. • The intersection of Black Cat Road and McMillan Road is listed in the IFYWP to be constructed as a multi-lane roundabout with 2-lanes on the north leg,2-lanes on the south,1-lanes east, and 1-lanes on the west leg with a 2021-2022 design year,a 2027 right-of-way acquisition year,and a construction in 2028. Access(Arterial/Collectors/State There are(4)existing driveways via Chinden Blvd.,a state highway; (3) Hwy/Local)(Existing and existing driveways via N.Black Cat Rd.,an arterial street;and(2)existing Proposed) driveways via W.Larry Ln.,a local street. Proposed/Required Road Black Cat will be improved&widened as part of a future ACHD project. Improvements ACHD is requiring a southbound right-turn lane on Black Cat Rd. at the Ramblin Dr./Black Cat Rd. intersection when Ramblin is constructed to intersect Black Cat based on the TIS. Ramblin Dr.will be constructed as a 36'wide collector street section with curb,gutter&either a 7'wide attached sidewalk or 5'wide detached sidewalk Page 2 61 Fire Service • Distance to Fire Station 2.5 miles from Station#5 • Fire Response Time Don't have total response times that meet NFPA 1710 standards or current City adopted standards. • Resource Reliability 8 1%(does meet targeted goal of 80%or greater) • Risk Identification 1 (current resources are adequate) • Accessibility Meets all required access,road widths and turnarounds. • Special/resource needs Will require an aerial device; can meet this need. r Water Supply 2,500 gallons per minute for 2 hours • Other Resources Police Service No comments were received West Ada School District • #of students generated from 68 Enrollment [atsacity this development Pleasant View Elementary school 679 650 • Capacity of Schools Star Middle School 951 1000 • #of students enrolled Owyhee Nigh School 1774 1800 Wastewater • Distance to Sewer Services Directly adjacent in Black Cat Rd. • Sewer Shed • Estimated Project Sewer ERU's See application • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns Flow is committed. See Public Works Site Specific Conditions Water • Distance to Services Available at site • Pressure Zone One • Estimated Project Water ERU's See application • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns See Public Works Site Specific Conditions C. Project Maps Future Land Use Map Aerial Map Legend Legend(( k I�Proiea Lxa�or. � ��F•a-e�-Lxa-y� _ f 1GhIXe U ELI' . Il�tf� t n e EMa _ ' e Me I(i Dert i r fidI rV MMR Page 3 62 Zoning Map Planned Development Map Legend R=4 � Legend Iff �i f P ea- Loca-an _ IetProjeot Lao o=or ral �kR-- - ..` i i City Lin-it R-T 6 f- — Piorared Pflrc 's f .C -r -A. O AH RU T- A A iRUT R-4 +• .. $R- R-4 t�1FFAfAi R- V77t�11f1 -� A. Applicant: Judy Schmidt,Bailey Engineering— 1119 E. State St., Ste. 210,Eagle, ID 83616 B. Owners: Open Door Rentals, LLC—1977 E. Overland Rd., Meridian, ID 83642 C. Representative: Shawn Brownlee,Trilogy Development—9839 W. Cable Car St., Ste. 101,Boise, ID 83709 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 7/2/2024 Radius notification mailed to property owners within 300 feet 6/25/2024 Public hearing notice sign posted 7/1/2024 on site Nextdoor posting 6/17/2024 IV. COMPREHENSIVE PLAN ANALYSIS Note: This application was originally submitted in August 2023,prior to the Comprehensive Plan update in March 2024. Therefore, the guidelines in the previous version of the Plan apply to development of this site. LAND USE: The northern 25 acres of the subject property is designated as Mixed Use—Regional(MU-R) and the southern 10 acres is designated Medium Density Residential(MDR) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. The Applicant requests to be allowed to use the abutting Page 4 63 MU-R FLUM designation on 50% of the MDR designated area as allowed for in the Comprehensive Plan when determined appropriate and approved as part of a public hearing with a land development application(see pg.3-11 for more information). The Applicant believes this extension of the MU-R designation on 5-of the 10-acres of MDR designated land will allow for an ideal and suitable mix of commercial near major transportation arterials. The purpose of the MDR designation is to allow for dwelling units at gross densities of three(3)to eight(8) dwelling units per acre. The purpose of the MU-R designation is to provide a mix of employment,retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D in the Comprehensive Plan below. FIGURE 3D: Nh=USE REGIONAL CONCEPT DIAGRAM Single Family _ Residential Office orLWA j E Hospitalfty Retail or Service Ilse e Lonl or Collector oad Reslderdlal Office Pa rkl �� p��. O or Office Headquarters 0 Integrated D a Plaza Area R I I I I I I I I I�� � � Recall 075 .at Arterial Road Although the proposed development plan incorporates the mix of uses desired in MU-R areas,the site isn't designed in accord with the concept diagram shown above.Multi-family residential and some office uses(instead of retail or service uses) are proposed directly adjacent to US 20-26 and Black Cat Rd.,both arterial streets,rather than off a local or collector road. The mid-box retail building is planned in back of the office park away from the arterial street(Black Cat) off the collector street (Ramblin) and across the street from planned single-family residential uses—if the mid-box retail building and office uses switched spots it would create better visibility for the retail use and a better transition in uses if office were provided next to single-family residential uses—at a minimum, Staff recommends this change to the plans.Lastly, Staff recommends the plaza area planned along the south side of the collector street in the holding area is relocated to the south to better integrate with the commercial/office park and to be more accessible for the users in that area. Overall,it's Staff s opinion the uses are "swapped"from what they should be per the concept diagram above. Page 5 64 Staff discussed with the Applicant during the initial pre-application meetings relocating the residential uses to the south and west away from Chinden&Black Cat with commercial uses along these transportation corridors instead, consistent with the MU-R concept diagram above and for better air quality for residents; however,the Applicant declined to do so. Staff acknowledges some of the difficulties in doing so include the configuration of the site,the location of the collector street though the site, and not having control of the land at the northeast corner of the development area. The City Council should determine if it's in the best interest of the City to approve annexation of the property at this time with the proposed development plan or request a re-design to be more consistent with the MU-R concept diagram above. In reviewing development applications,the following items will be considered in all Mixed-Use areas per the Comprehensive Plan(pg.3-15): Staff analysis in italics • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed project includes a mix of three different land use types—residential, office and commercial(includes retail, restaurants, etc.). • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The project is adjacent to US 20126 and employment uses (i.e. office, retail, etc) are proposed. The office and retail uses proposed north of Ramblin Dr. are of a smaller scale, while a mix-box retail store and an office park are proposed on the conceptual development plan to the south of Ramblin, which has the potential to serve as an employment destination center. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request,a development agreement will typically be required for developments with a Mixed- Use designation." A site plan was submitted for the residential and commercial areas north of Ramblin Dr. and a conceptual development plan was submitted for the area south of Ramblin with the annexation request as shown below in Sections VII.B and D.A Development Agreement that ties future development to this plan and the general guidelines for mixed use developments and specifically the MU-R designation is recommended as a provision of annexation. • "In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space." The development plans depict a plaza area with amenities on the west edge of the office/retail area and a central open space with outdoor seating to the east on the north side of Ramblin Dr. and another plaza area on the south side of Ramblin. Staff recommends the plaza area on the south side is relocated in a more central location for the future office park away from the collector street for better integration and access;the concept plan should be revised prior to the Council hearing to reflect this change. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." The only existing residential uses are those at the northwest corner of the cul-de-sac and on the south side of W. Larry Ln.;single-family residential uses are proposed as a transition to these homes. • "Community-serving facilities such as hospitals, clinics, churches, schools,parks, daycares,civic buildings, or public safety facilities are expected in larger mixed-use developments." Page 6 65 No such uses are specifically proposed in this development—the tenants of the commercial and office areas are unknown at this time.A hospital and medical offices are planned off-site in the MU-R designated area to the west; another hospital and medical offices is planned across Chinden Blvd. to the north.Although not in the MU-R designation, the West Ada School District owns the land at the southwest corner of this development where a middle school is planned. • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas,outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count." As noted above, a couple ofplazas are proposed along with an open space area with outdoor seating as depicted on the site plan and conceptual development plan in Sections VII.B and D below. • "Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." Although plazas and open space for outdoor seating are proposed in the non-residential portions of the development, it doesn't appear they'll be "centers of activity"and may not be activated with permanent design elements and amenities as desired. These areas must be strategically integrated into the overall development, interconnected with meaningful points of interest,prioritize pedestrian infrastructure,be highly visible and accessible, and designed to enhance both the adjacent uses and larger mixed-use area. To ensure consistency,Staff recommends details of these areas are submitted prior to the Council hearing to demonstrate compliance with these guidelines. In the multi family residential portion of the development, the main common areas with amenities (i.e. dog park, clubhouse. swimming pool& tot lot)are located on the perimeter of the development between an internal private street and the collector street(Ramblin) and not integrated into the development. Staff recommends these common areas are relocated to a more central location within the development accessible by pathways for convenient access and for more visibility of these areas from the multi family units in accord with open space& CPTED(Crime Prevention through Environmental Design)standards—the site plan should be revised accordingly prior to the City Council hearing. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." Pedestrian and vehicular connectivity is proposed between the multi family and office/retail portions of the development on the north side of Ramblin; and a local street with an attached sidewalk provides connectivity between the future residential and commercial(mid-box retail&office park) uses on the south side of Ramblin. Walkways should be provided within the future commercial area on the south side of Ramblin from perimeter sidewalks with development of that area. • "Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types." A private street with parking is proposed in the multi family portion of the development as a transition to the office uses to the east, north of Ramblin. A local street is proposed as a transition to commercial uses to the east, south of Ramblin. • "Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town; therefore, this item is not applicable. Page 7 66 In reviewing development applications,the following items will be considered in MU-R areas per the Comprehensive Plan (pgs.3-18 thru 3-19): Staffs analysis in italics • Development should generally comply with the general guidelines for development in all Mixed-Use areas. Staff finds the proposed project generally complies with the general guidelines for development in all Mixed-Use areas as noted above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses. Residential uses comprise over 10%of the development area at 51.5%of the site at a gross density of 17.83 units/acre on the multi family and townhome portions of the development as desired. Non- retail uses such as a coffee shop and offices are proposed. • Retail commercial uses should comprise a maximum of 50%of the development area. Retail/commercial uses comprise less than 50%of the development area at approximately 48.5%, as desired. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%),based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say, if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas, such as a park,tot-lot, or playfield,the developer is eligible for a 2:1 bonus. That is to say, if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue, and water feature), seating areas, and some weather protection. That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no public/quasi-public uses are proposed on this site and the retail development area is below the allowed 50%. The mix of uses proposed will provide employment and shopping opportunities for residents in the northern portion of the City and the coffee shop will provide a neighborhood and community service. To ensure this development has a regional draw and includes a mix of employment and retail uses as well as residential uses as intended in MU-R designated areas, Staff recommends a development agreement that requires future development to be generally consistent with the site plan shown on the plat and the conceptual development plan for the holding area in Section VII.D and/or as modified by City Council. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Page 8 67 The proposed development, although predominantly multi family residential, will provide a mix of housing types consisting of multi family apartments, townhomes and single-family residential, which should contribute to the variety of housing options in this area and within the City as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The commercial portion of the development north of Ramblin is required to provide a 25'wide buffer to residential uses along the western boundary adjacent to the proposed multi family apartments and at the northeast corner adjacent to the existing residential property(Sexton Parcel #S0428111201). The proposed single-family residential uses south of Ramblin along the west and south boundaries of the site will provide a transition to adjacent existing residential uses. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed single-family residential uses south of Ramblin will be compatible with existing single- family residential uses to the west and south of this development.As discussed above, Staff is of the opinion office uses and associated L-O zoning would be more appropriate than a mid-box retail store and C-G zoning as a transition to planned single-family residential uses along the west boundary of the site south of Ramblin. A 25'wide buffer to residential uses is required on C-G zoned property, which should assist in minimizing conflicts and maximizing use of land. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) Development of the subject infill property should not negatively impact abutting existing development due to the transition in uses proposed and required buffers to adjoining land uses. (This development is not downtown) • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) Pedestrian walkways are proposed along all streets and throughout the development for access; pedestrian connectivity should also be provided within the future development area south of Ramblin for neighborhood connectivity. There are no pedestrian pathway stubs to this property from adjacent developments. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." Page 9 With redevelopment of the site, use of the existing wells and septic systems on properties annexed into the City should cease and be abandoned. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity."(6.01.02B) There are (4) existing driveways via Chinden Blvd., a state highway; (3) existing driveways via N. Black Cat Rd., an arterial street; and(2) existing driveways via W. Larry Ln., a local street. With development, these access driveways will be closed and access will be provided via W. Ramblin Dr., a collector street and in the future by a local street via Larry Ln. when redevelopment of that area occurs in the future. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. TRANSPORTATION: The Master Street Map(MSM)depicts an east/west residential collector street through the site. The eastern approximate 1/4 mile section will be constructed with this development. The developer is required to provide a road trust deposit with ACED for half the cost of extension of Ramblin Dr. along the site's south property line to the west through the WASD property. Chinden Blvd./US 20-26, a state highway and principal arterial street,was recently widened to 5-lanes along the northern boundary of the site and will ultimately be widened to 7-lanes at some point in the future when traffic warrants the expansion.North Black Cat Rd., designated as a residential arterial street, is a 2-lane roadway along the eastern boundary of this site;no improvements are funded or planned. Black Cat Rd. is listed in the CIP to be widened to 5-lanes from McMillan Rd. to Chinden Blvd./US 20-26 between 2036 and 2040. Transit services are not available to serve this site. V. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 38.58-acres of land with R-8 (Medium-density Residential) (5.90- acres),R-15 (Medium High-density Residential) (1.83-acres),R-40(High-density Residential) (16.71- acres)and C-G(General Retail and Service Commercial) (14.15-acres)zoning districts for the development of apartments(multi-family),townhomes, office,retail and restaurant(coffee shop)uses. All of the property included in the annexation area is included in the boundary of the proposed preliminary plat. A concept plan is depicted on the plat below in Section VILB for the area north of the collector street(i.e. W. Ramblin Dr.) and another concept plan is included in Section VILD for the holding area south of Ramblin,which is not proposed to develop at this time. As discussed above in Section IV, some changes to the development plan are requested by Staff while others are suggested for consideration by Council. Conceptual perspective drawings were submitted for the multi-family portion of the development with views from Chinden Blvd.,included below in Section VII.G. The conceptual development plan for the area north of Ramblin depicts a 312-unit multi-family development with open space areas and off-street parking on the western portion of the site; 10 townhomes; and a mix of single-story commercial uses on the eastern portion of the site consisting of office,retail/office and storefront buildings ranging in size from 2,760 to 7500 square feet(s.£)with a restaurant(i.e.coffee shop),open space/gathering areas and associated off-street parking. The conceptual plan for the holding area south of Ramblin depicts mid-box retail and office park uses with single-family residential along the west and south boundaries of the development. Page 10 69 The restaurant(i.e. coffee shop)with a drive-through will require approval of a conditional use permit in accord with the standards listed in UDC 11-4-3-11—Drive-through Establishment. At the request of Staff,a concept plan was included on the preliminary plat for the out-parcel at the northeast corner of the site,which demonstrates how the site may develop with a mix-box retail store and retail/office uses with access provided from this development(see Section VILB). As noted above in Section IV,the gross density of the multi-family and townhome portions of the development is 17.38 units/acre,which is consistent with the density desired in MU-R designated areas in the Comprehensive Plan. The single-family residential uses planned in the R-8 district in the holding area should have a gross density between 3 and 8 units/acre consistent with the Medium Density Residential designation in the Comprehensive Plan. A multi-family development requires conditional use permit approval in the R-40 zoning district, townhouse dwellings are a principal permitted use in the R-15 zoning district, and single-family attached and detached dwellings are a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Professional services (i.e. offices),retail and restaurant(i.e. coffee shop)uses are all principal permitted in the C-G zoning district per UDC Table 11-2B-2. The proposed lots and future development are subject to the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 district, 11-2A-7 for the R-15 district, 11-2A-8 for the R-40 district and 11-2B-3 for the C-G district. The C-G district allows the largest scale and broadest mix of retail, office and service uses and is typically located in close proximity and/or with access to interstate or arterial intersections. It allows building heights up to 65 feet with some exceptions as noted in UDC 11-213-3A.3. Staff has concerns with C-G zoning on all of the commercial area south of Ramblin with no square footages, elevations or other details provided on the concept plan. Staff is amenable to C-G zoning for the mid-box retail building if it's relocated to the east along Black Cat Rd.but recommends the remainder of the commercial area(i.e. office park) south of Ramblin is zoned L-O. The L-O district more accurately reflects the intended use(i.e. office),which is allowed as a principle permitted use in the district with a maximum building height up to 35 feet,consistent with the height allowed in the adjacent proposed R-8 zoning district. The L-O zoning will provide a better transition to residential uses and be more neighborhood friendly with limited business hours of operation. Staff recommends the legal descriptions and associated exhibit maps for the annexation are revised accordingly prior to the City Council hearing. A 25-foot wide buffer is required in the commercial zoning district to adjoining residential uses with lot development; landscaping is required within the buffer in accord with the standards listed in UDC I I- 3B-9C. There is an existing residential use on the out-parcel(Sexton Parcel#S0428111201) at the northeast corner of this site that will require buffering if the residential use still exists at the time of lot development—this is not currently depicted on the plans and should be reflected on future plans if applicable. There are existing homes and accessory structures on this site that are proposed to be removed. Removal of these structures should take place prior to submittal of the final plat for City Engineer signature for the phase in which they are located. A legal description and exhibit map for the annexation area is included below in Section VII.A of this report. This property is within the City's Area of City Impact boundary. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the subject property develops as proposed and as recommended herein, and in accord with the Comprehensive Plan, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A.Further, Staff Page 11 70 recommends an amendment to the DA is required prior to any development occurring in the holding area to include an updated conceptual development plan and building elevations for that area. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 15 building lots(I multi-family lot, 10 townhouse lots and 4 commercial lots), 7 common lots, 1 drive/parking lot and 3 holding area lots (I commercial and 2 single- family residential lots)for future development on 35.29-acres of land in the R-8, R-15,R-40 and C-G zoning districts. The subdivision is proposed to develop in five(5)phases as shown on the phasing plan below in Section VII.B. The first two phases are the residential portions of the development; the third phase is the commercial(office/retail/storefront),which includes two (2)plaza areas containing outdoor seating for gathering, on the north side of Ramblin Dr.;the fourth phase is the future commercial(i.e. mid-box, office park and plaza)on the south side of Ramblin; and the fifth and final phase is the future single- family residential, also on the south side of Ramblin. In order to ensure some services are available to serve the proposed residents in this area, Staff recommends a change to the phasing plan that swaps Phases 2 and 3; an updated phasing plan should be submitted prior to the City Council hearing. Staff recommends as a development agreement provision the subject property is subdivided prior to submittal of any Certificate of Zoning Compliance applications and/or prior to issuance of any building permits to ensure future development complies with the setback standards of the district and for addressing purposes. The portion of the site south of W.Ramblin Drive,depicted in Section VII.D as a holding area for future redevelopment and as Phases 4 and 5 of the preliminary plat,shall be further subdivided prior to submittal of any Certificate of Zoning Compliance applications and/or issuance of any building permits within that area. Existing Structures/Site Improvements: There are several existing homes and accessory structures on this site that are proposed to be removed. All of the existing homes and accessory structures on the subject property should be removed prior to submittal of the final plat for City Engineer signature on the phase in which they lie Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 district, 11-2A-7 for the R-15 district, 11-2A-8 for the R-40 zoning district,and I1-2B-3 for the C-G district. Subdivision Design&Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3,including but not limited to those for streets, alleys, driveways, easements and mailbox placement. The proposed plat appears to comply with these standards. A cross-section for the alley should be submitted with the final plat that demonstrates compliance with the standards listed in UDC 11-6C-3B.5.The Applicant should improve Larry Ln.(formerly a private street)to public street standards as required by ACHD. Access: There are(4)existing driveways via Chinden Blvd., a principal arterial and state highway(20- 26); (3)existing driveways via N. Black Cat Rd.,an arterial street; and(2)existing driveways via W. Larry Ln., a local street. One(1)public collector street(W.Ramblin Dr.)access is proposed via N. Black Cat Rd. approximately 675' south of Chinden in alignment with W. Ramblin Ct. on the east side of Black Cat. This street will run parallel with Chinden/US 20-26 and eventually connect to N. Rustic Oak Way to the west with development of Prescott Ridge Subdivision and the school. Ramblin Dr.will function as a backage road and provide connectivity and access to all properties fronting the state highway in this area in accord with UDC I I-3H-4B.3. A traffic signal is planned at the Rustic Oak/Chinden intersection for safe access Page 12 71 via the state highway. A temporary emergency only access is proposed via Chinden Blvd.;permanent direct access via Chinden Blvd./SH 2O-26 is prohibited. Staff recommends the emergency access is relocated to the west boundary of the site in order to comply with the noise abatement standards in UDC 11-311 4D.3,which prohibit breaks in the berm/wall; the plans should be revised to reflect this change prior to the City Council hearing. Staff recommends as a provision in the DA,the emergency access driveway via W.Chinden Blvd./SH 2O-26 shall be removed when W.Ramblin Dr.is exended to the west to N.Rustic Oak Dr.At that time,the berm,wall,landscaping and pathway shall be extended across this area.Permanent direct access via W.Chinden Blvd./SH 20- 26 is prohibited.Four(4)accesses are proposed via the collector street on the north side of Ramblin and three (3) are proposed on the south side of Ramblin. The UDC (11-3A-3) requires cross-access/ingress-egress easements to be granted to adjoining properties that take direct access to an arterial and/or collector roadway when local street access isn't available,either by recorded easement or as a note on the recorded final plat.Accordingly, a cross-access/ingress-egress easement should be granted to the out-parcel(Parcel#SO428111201) at the northeast corner of this site for future access and interconnectivity. Private streets will be provided for access to the multi-family portion of the development for addressing purposes and must comply with the standards listed in UDC 11-3F--4.An alley is proposed for access to the 10 townhomes that front on Ramblin. A public street(N. Oakstone Ave.)is proposed between Larry Ln. and Ramblin Dr. for access to the future development area.North Willowside Ave. is proposed to stub to the south to the school property and provides access to the alley that serves the townhomes. Landscaping: A 35-foot wide street buffer is required along W. Chinden Blvd./SH 2O-26 and N. Black Cat Rd.,both entryway corridors; and a 20-foot wide street buffer is required along W. Ramblin Dr.,a collector street,measured from ultimate back of curb location. Landscaping is required within the street buffers in accord with the standards listed in UDC 11-3B-7C; enhanced landscape design features are required along entryway corridors—revise plan accordingly.If the unimproved right- of-way(ROW)is 10' or greater from the edge of pavement to edge of sidewalk or property line, the developer is required to maintain a 10' wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover as set forth in UDC 11-3B-7C.5; revise the plan accordingly and depict the location of the edge of pavement. UDC Table 11-2B-3 requires a 25' wide buffer to residential uses in the C-G district,unless otherwise modified by City Council.Landscaping is required within the buffer in accord with the standards listed in UDC 11-3B-9C for landscape buffers to adjoining uses. The plans depict a 25' wide buffer on the west side of the commercial uses on the north side of Ramblin adjacent to the multi-family development as required; the parking on the back side of the buffer is for the residential development.The landscape plan submitted with the Certificate of Zoning Compliance application for the commercial property should include landscaping in accord with the aforementioned standards. Noise abatement is required for residential uses adjoining state highways consisting of a berm or a berm and wall combination parallel to the state highway in accord with the standards listed in UDC 11-3H-4D. The Applicant proposes a 4-foot tall berm with a concrete retaining wall on the south side of the berm and a 6-foot tall concrete modulated wall on top of the berm along Chinden Blvd. A detail should be submitted with the final plat application that includes the centerline location/elevation of Chinden Blvd.in relation to the berm and wall,and other applicable information that demonstrates compliance with the required standards. The landscape plan depicts a break in the wall midway through the multi-family development where an emergency access is proposed; breaks in the berm/wall will degrade the function and are not allowed—the emergency access should be moved to the west boundary of the site. Page 13 72 Landscaping,including trees and bushes,is required along all pathways in accord with the standards listed in UDC 11-3B-12C and should be depicted on the landscape plan submitted with the final plat application.Minimum 5-foot wide landscape strips are required to be provided along each side of the pathway; designs are encouraged in which the width of the landscape strip varies to provide additional width to plant trees farther from the pathway to prevent root damage(see UDC 11-3B-12C for more information). There are several existing trees on the site—where possible,existing trees should be retained. Mitigation is required in accord with the standards listed in UDC 11-3B-10C.S; calculations demonstrating compliance with the aforementioned standards should be depicted on the landscape plan submitted with the final plat. Common Open Space& Site Amenities(UDC 11-3G-3): Because the townhome portion of the site is below 5-acres in size, common open space and site amenities are not required per UDC 11-3G-2. However,the Applicant is providing 0.28-acre(or 15.2%)usable open space for that area. Common open space&site amenities are required with the multi family portion of the development with the conditional use permit(see Section V.C below). Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. A multi-use pathway is required along the eastern boundary of the site within the street buffer along N. Black Cat Rd. in accord with the Pathways Master Plan and along the northern boundary of the site within the street buffer along Chinden/SH 2O-26 in accord with UDC 11-3H-4C.4, as proposed. A 14- foot wide public pedestrian easement is required for each of the pathways if located outside the adjacent road right-of-way(see Park's Dept. comments in Section VIII.). Sidewalks(11-3A-17): The UDC requires minimum 5' wide attached sidewalk along local streets(i.e. N. Willowside Ave.,N. Oakstone Ave. &Larry Ln.); and detached sidewalks along collector streets(i.e. Ramblin Dr.)—for pedestrian safety, Staff recommends 10' wide detached sidewalks are required as proposed along W. Ramblin Dr. as a provision of the development agreement. Parking: Off-street parking is required to be provided for the residential portion of the development based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6; and for the commercial uses as set forth in UDC 11-3C-6B.1. See parking analysis below in Section Cfor the multi- family portion of the development. Waterways: All open waterways, except natural waterways, should be piped or otherwise covered unless used as a water amenity or linear open space as set forth in UDC 11-3A-6B,unless otherwise waived by Council. There is an existing open ditch along the eastern portion of the northern boundary of the site,which is required to piped with development along with any other open waterways,as applicable. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and I1-3A-7, as applicable. The landscape plan depicts 6' tall solid vinyl privacy fencing around portions of the perimeter of the development; 5' tall open vision iron fencing around the dog park and clubhouse/swimming pool common areas; and a concrete noise abatement wall/fence along W. Chinden Blvd./SH 2O-26. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Page 14 73 Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. APreliminaty Engineering Report was submitted with this application. Building Elevations: A couple of conceptual building elevations were submitted for the proposed 2- story townhome units, included in Section VII.I below. Building materials consist of a mix of horizontal, vertical and shake siding with stone veneer/brick accents in neutral colors. Conceptual elevations weren't submitted for the commercial structures. The design of the residential and commercial structures is required to comply with the standards in the Architectural Standards Manual (ASM). Single-family detached structures are exempt from these standards. C. Conditional Use Permit(CUP) A CUP is requested for a multi-family development consisting of 312 apartment units on 16.70-acres of land in the R-40 zoning district as shown on the site plan included below in Section VII.E. A mix of 1- (72 units),2-(180 units)and 3-bedroom(60 units)units are proposed in 16 3-story structures. Three(3) different building floor plans are proposed, as follows: (4)Type A—containing a total of 30 units each; (4)Type B—containing a total of 24 units each; and(8)Type C—containing a total of 12 units each. Dimensional Standards: Future development is required to comply with the minimum dimensional standards of the R-40 zoning district in UDC Table 11-2A-8.Note: UDC 11-4-3-27B.1 requires residential structures to provide a minimum setback of 10'unless a greater setback is otherwise required. Phasing: The multi-family development is proposed to be constructed in two(2)phases with the first two phases of the subdivision. Access: Two (2)driveway accesses are proposed to the site via W. Ramblin Dr.,a collector street, along the southern boundary of the site. Private streets are proposed for internal access and for wayfinding/addressing purposes and should comply with the standards listed in UDC 11-3F-4. Private streets are required to be a minimum 26' in width,as proposed,to meet Fire Dept. requirements for 3- story structures. Pathways: A 10' wide multi-use pathway is proposed within the street buffer adjacent to W. Chinden Blvd./SH 2O-26 in accord with UDC 11-3H-4C.4, along the southern boundary of the site adjacent to W. Ramblin Dr. and along the western perimeter boundary of the site. Internal 5' wide pathways are proposed throughout the site for access to perimeter walkways, internal common open space areas and residential units. Sidewalks: Six-foot wide sidewalks are proposed within the development around buildings. The UDC 11-3C-5B requires sidewalks to be widened an additional 2' from 5' to 7'where parking spaces abut sidewalks and wheel stops aren't provided to prevent overhang—in this case,the length of parking spaces may be reduced 2' from 19' to 17'.Alternatively,wheel stops may be provided in parking spaces to prevent vehicles overhanging beyond the designated parking stall dimensions. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The landscape plan depicts 6' tall solid vinyl privacy fencing around portions of the perimeter of the development; 5' tall open vision iron fencing around the dog park and clubhouse/swimming pool common areas; and a concrete noise abatement wall/fence along W. Chinden Blvd./SH 2O-26. Specific Use Standards(UDC 11-4-3): Multi-family developments are subject to specific use standards as follows: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Page 15 74 "B. Site Design: 1. Residential buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. The residential structures comply with the minimum setback 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.All proposed transformer/utility vaults and other service areas shall comply with this requirement. The trash enclosures depicted on the site plan should accommodate recycling. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The Applicant proposes 82 square foot patios or balconies for each unit in accord with this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards per the analysis below. Based on(72) 1-bedroom units, (180)2-bedroom units, and(60) 3-bedroom units, a minimum of 679 off-street parking spaces are required, including guest parking(31 spaces) and covered spaces (312). A total of 693 spaces are proposed,including 312 covered carport spaces,which exceeds the minimum standard by 14 spaces. Accessible parking is required in accord with ADA standards; 14 accessible spaces are proposed. Based on 693 vehicle parking spaces provided,a minimum of 28 bicycle parking spaces are required and should meet the location and design standards listed in UDC 11-3C-5C. Fifty-two (52)exterior bicycle parking spaces are proposed,which exceeds the minimum standard by 24 spaces. Three(3)bicycle parking spaces are proposed at each building and four(4) spaces are proposed inside the clubhouse. Staff recommends the parking provided at the clubhouse is exterior and meets the standards in UDC 11-3C-5C.The site plan submitted with the Certificate of Zoning Compliance application should reflect parking accordingly.Note: This parking is in addition to the covered bicycle parking proposed in the clubhouse as an amenity. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. Page 16 75 d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The floor plan for the clubhouse depicts offices and a reception lounge, one of which presumably will be for the property management office,mailboxes, and a maintenance storage area. The site plan submitted with the Certificate of Zoning Compliance application should clearly depict the location of a directory and map of the development for wayfinding purposes. C. Common Open Space Design Requirements(UDC 114-3-27C): The total baseline land area of all qualified common open space shall equal or exceed ten(10) percent of the gross land area for multi-family developments of five (5)acres or more. When multi- family is approved concurrently with single-family,the minimum open space requirements in Section 11-3G-3 shall apply to the gross land area of entire development. All open space is required to meet the standards listed in UDC 11-4-3-27C.2 &4.Based on 16.7-acres of land in the multi- family portion of the development, a minimum of 1.67-acres is required to be provided to meet this requirement. (Note:Because the single-family(i.e. townhome)portion of the development only consists of 10 units and is under 5-acres in size, Staff isn't requiring the entire residential development to meet the common open space standards in UDC 11-3G-3 for single-family developments (i.e. 15%for the R-15 zone). The Applicant is providing 0.28-acre (or 15.201o) usable open space for that area.) 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 less square feet of living area.None of the units are below 500 square feet(sf.). 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 312 units are between 500 and 1,200 square feet. Therefore, a minimum of 78,000 sf. (or 1.79-acres) of common open space is required to be provided. 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 exceed 1,200 square feet. All multi-family projects over 20 units are required to provide at least one(1) common grassy area integrated into the site design allowing for general activities by all ages that is a minimum of 5,000 s.f. in area;the area shall increase proportionately as the number of units increase and shall be commensurate to the size of the 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(UDC 11-4-3-27C.3). Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section V11.F meet this requirement. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units per UDC 11-4-3-27C.7.This project is proposed to develop in two phases; the Applicant should demonstrate compliance with this standard with the Certificate of Zoning Compliance application for the first phase of the multi-family development. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or Page 17 76 constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. The common open space proposed for the clubhouse, swimming pool and tot lot, and the dog park are all located between an internal private street and a collector street (Ramblin).As noted above in Section IV, Staff recommends these common areas are relocated internal to the development and are accessible by pathway in accord with open space and CPTED standards for public safety and integration into the development(see UDC 11-4-3- 27C.2). Based on the above standards, a minimum total of 3.46-acres of common open space is required to be provided for the multi family development that meets the standards in UDC 11-4-3-27C.2, 4, 6, 7 and 9. The Applicant proposes a total of 3.58-acres, which meets and exceeds the minimum standard, consisting of% the street buffer along W. Chinden Blvd. (52-acre); the dog park(0.47- acre); clubhouse, swimming pool&tot lot(0.77-acre); and internal common open space and linear open space areas exceeding 20'x 20'in area (1.82-acres) as shown on the open space exhibit in Section VII.F. The tot lot, at approximately 6,900 sf., meets the requirement for a minimum 5,000 sf common grassy area. Additionally, a 20,681 sf common grassy area is also provided for a dog park, which Staff feels is commensurate with the size of the development. That being said,Staff is recommending relocation of the common open space areas with amenities as noted above,an updated open space exhibit should be submitted that demonstrates compliance with these standards. D. Site Development Amenities: All multi-family developments shall provide for quality of life, open space, and recreation amenities to meet the particular needs of the residents as noted in UDC 11-4-3-27D.1. The number of amenities shall depend on the size of the multi-family development based on the number of units. For multi-family developments with more than 100 units such as this,the decision-making body shall require additional amenities [i.e. beyond the four(4)required for developments with 75 units or more] commensurate to the size of the proposed development,with at least one(1) from each category(i.e. quality of life, open space,recreation,multi-modal). The following amenities are proposed from each of the following categories: 1)Quality of Life— clubhouse,which includes a fitness facility and dog wash station, and a dog park with waste station; Open Space—(4) community garden areas,plazas and a(5)picnic areas, including tables,benches, landscaping and a shade structure; Recreation—swimming pool, children's play structure/tot lot, walking trails/pathways; and Multi-modal—bicycle repair station and enclosed bicycle storage in the clubhouse. Staff is of the opinion the proposed amenities meet and exceed the standards. See amenity exhibit in Section VII.F. E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title.Additionally, all street facing elevations shall have landscaping along their foundation that complies with the standards listed in UDC 11-4-3-27E.2,which requires a landscape area at least 3-feet wide planted with one evergreen shrub every three(3)linear feet that has a mature height of 24-inches with ground cover plants in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should be revised to include evergreen shrubs in accord with this standard. Landscaping is required to be provided along all pathways per the standards listed in UDC 11- 311-12C,which require a mix of trees,shrubs,lawn,and/or other vegetative groundcover within 5-foot wide strips on each side of the pathway; the landscape plan should be revised accordingly. Page 18 77 Meridian Planning&Zoning Commission June 20,2024 Page 34 of 34 Lorcher: Okay. After considering all staff, applicant and public testimony, I move to recommend approval to City Council of File No. ZOA-2024-0001 as presented in the staff report for the hearing date of June 20th, 2024, with one modification to include the graphics during the planning and zoning presentation. Garrett: Second. Smith: Second. Seal: It's been moved and seconded to recommend approval of File No. H -- sorry -- ZOA-2024-0001 with the aforementioned modification. All in favor, please, indicate by saying aye. Opposed nay? Motion passes. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: All right. Good job, everyone. I will take one more motion. Smith: Mr. Chair? Seal: Go ahead. Smith: I move we adjourn. Lorcher: Second. Seal: It's been moved and seconded that we adjourn. All in favor, please, say aye. We are adjourned. Thank you much MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 7:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 7r18-�024 ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK F38 Street buffer landscaping is required with development of the subdivision in accord with the standards listed in UDC 11-313-7C, as noted above in Section V.B. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features." The Applicant shall comply with this requirement,a copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. G. Police access under exigent circumstances.Multifamily developments with units that take access via secured common corridors shall install and maintain a keyless entry system,or suitable alternative,to provide police access to the common corridors under exigent circumstances. The keyless entry system or alternative shall be subject to review and approval by the Meridian Police Department. The Applicant should coordinate with the Police Dept. to ensure compliance with this standard. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual elevations and renderings were submitted for the proposed multi-family structures, included in Section VII.G below. The final design of all structures is required to comply with the design standards in the Architectural Standards Manual and will be reviewed for compliance with these standards with the Design Review application. Compliance with the building code requirements for separation between structures within the development is required. VI. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement,preliminary plat, and conditional use permit with the recommendations noted above in Sections IV and V,with the conditions in Section IX in accord with the Findings in Section X. Page 19 ■ VII. EXHIBITS A. Annexation Legal Description and Exhibit Map Description for Annexation Slayden Subdivision May 17, 2024 A portion of the North 1 J2 of the Northeast 114 of Section 28, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 21, 22,27 and 28, TAN., R.'IW,, B.M.,from which the 114 comer common to said Sections 27 and 28, bears South 00°29'U4"West, 2638.58 feet;thence on the east boundary line cf said Section 28, South 00°29'04"West, 380.00 feet to the POINT OF BEGINNING, thence continuing South 00'29'04"West, 959.32 feet to the centerline of W. Larry Lane; thence on said centerline, North 89°23'38''West,693.17 feet to the southerly extension of Lot 3. Block 1, Comptons Subdivision No. 2 as filed in Book 31 of Plats at Pages 1935 and 1936, records of Ada County, Idaho; thence North 00029'02"East, 548.13 feet to the Northeast corner of said Lot 3; thence on the north boundary line of said Comptons Subdivision No. 2, North 89°17'56"West.415.79 feet to the Northwest comer of said Comptons Subdivision No. 2 coincident with the Southeast corner of Lot 5, Block 1, Luhr Subdivision as filed in Book 59 of Plats at Pages 5766 and 5767, records of Ada County, Idaho; thence on the exterior boundary line of said Luhr Subdivision the following two (2)courses and distances: North 00"36'01"East, 110.38 feet; North 89923'46"West, 828.63 feet to the Southwest corner of Lot 3, Block 1 of said Luhr Subdivision; thence on the west boundary fine of said Lot 3, North 00°41'50"East, 328.66 Meet; thence leaving said west boundary line, South 89'18'10"East, 16.00 feet; thence North 00°39'27"East,330.47 feet to the north boundary line of said Section 28; R��Ati LA thence on said north boundary line the following `� Z NSI� two(2)courses and distances: *I-% Or 0 rL South 89°24'50"East,el1.75 feet to the �1 Jf7V East 1116 corner common to said Sections Cl , 21 and 28; 0� of 1¢ � Y M cC A ' Page 1 of 2 Page 20 79 South 59'25'49" East, 680.40 feet to the northerly extension of the east boundary line of said Luhr Subdivision; thence on Said east boundary line and the northerly extension thereof, South 00°33'05"West, 360,00 feet; thence leaving said east boundary line, South 89`25'50" Last, 627,43 Feet to the POINT OF BEGINNING, Containing 38.584 acres, more or less. End of Description, N N 11779 � r of % o Page 2 of 2 Page 21 so W. Chinden Mvd. 1f16 S.21 1 f4 695,33 E' S89'2d'54'E S89'25'49"E 5.21 S_28 w 611.75 680,#0' 627.41' S.28J��S,22 , S-27 y O unpLatled 4 k Z rry ] � Point of SB9'25'50T Beginning S89'18'10'! 627.43" p � t38.5$d F1,GFE9 • O - Z — —— N89'23'46"W 62B.63- N44'36'01"E un v} 110,38' N89'17'55"W M ao v+ 415.79' �2 as r7'i q X Fz} 6 4V.11 w v �t 4 Gomptons Q m C) [n Subdivisiarr, N unpdatted Na, 2 O Go z W. Larry Ln. Le) N89'23'38"W 893.17-7 '• I ' J I • CazrapEarss n i Subdivistinzx ")� Ara_ 2 Q° M_ kl L A,y NZ Z\GlENB_ &P 1/4 HiD �Od} r6-aF 4f McCA�' I Scale- 0 175 350 700 P S.ih iT•s.gy—Chi,tl 21 A—) 1a SS 51 Pu Idf4H Exhibit Drawing for Jo so 9@55N.ELIEaainsi. Annexation Sheet No. SURVEY (209) &015?0 �ne Blayden Subdivision 1[296J&1ID8 Uea GROUP LLC A portion of the N1/2 of the NE1 4 of Sectlon 28, Dwg. Dote T_461., R,IW,. 6.N., Ado County, Idaho. 5/17/202d Page 22 81 Description for R-8 Zone Blayden Subdivision May 21, 2024 A portion of the Northeast 114 of the Northeast 114 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 21, 22, 27 and 28, TAN., R_IVV., 8_ltill., from which the 114 corner common to said Sections 27 and 28, bears South 00'29'04"West, 2538.68 feet; thence on the east boundary line of said Section 28, South 00029'04"West, 1.078.23 feet to the POINT OF BEGINNING; thence continuing South 00'29'04"West, 241.09 feet to the centerline of W. Larry Lane; thence on said centerline. North 89'23'38"West,893.17 feet to the southerly extension of Lot 3, Block 1, Comptons Subdivision No. 2 as filed in Book 31 of Plats at Pages 1935 and 1936, records of Ada County, Idaho; thence North 40029'02" East, 548.13 feet to the Northeast corner of said Lot 3; thence on the north boundary line of said Comptons Subdivision No. 2, South 89"17'56" East. 155.43 feet; thence leaving said north boundary line. South 00'42'04"West, 206.42 feet; thence 60-16 feet on the arc of a curve to the left having a radius of 76_50 feet, a central angle of 45402'51", and a long chard which bears South 21'49'22"East, 58.61 feet: thence South 44'20'47" East, 70.34 feet; thence 60.27 feet on the arc of a curve to the left having a radius of 76.66 feet, a Central angle of 45A02'51", and a long chord which bears South 66'52'13"East, 58.73 feet; thence South 89'23'38" East, 223.44 feet; thence North 69'59'37"East, 9.15 feet; thence 76.02 feet on the arc of a curve to the right having a radius of 55.D0 feet, a central angle of 79811 1'24", and a long chard which gears North 88'58'34" East, 70.11 feet; thence North 38'34'16"East, 25.63 feet: theflce South 89'31'22" East,294.58 feet to the POINT OF BEGINNING. tANo Containing 5.901 acres, more or less. t End of Description. }� Page ] of 1 Page 23 82 E 1/16 - - - N89'25'49'W 1307.40' _ S.21 S.22 W. Chinden Blvd. S.28 S.27 <N� Scale: 1"=200' I I 0 50 t00 200 400 ; i I Line Table { ' 8 Line Bearing Length y, Lt 544'20'47'E 70.34' I � I L2 NSS*59'37"E 9,15' Unplatted r N L3 N38'34'16"E 25.63' °�° I w p1 155.43' Y [v w 58917'555'E _ ° m � 00 �a fV 1 ❑ CV Q m C� ❑ V) 3 N (� 294.58' j Paint of 0 223.44' 03 S89`31'22"E Beginning N 02 S89'23'38"E L3 t5.901 Acres 0 W. Larry Ln. N89'23'38"W 893.17' ram • F I Nj jk16 LA�y g y�C Nat Curve Tuble fi f � Curve Length Radius delta Chard Bearing Chord Length ¢ 11779 C1 60.15' 76.50' 45'02'51' S21'49'22"E 58.61' 5.27 C1 ZaZ ?,0 C2 60.27' 76.56' 45'02'51" S66'52'1ST S8.73' OF McCA ' ` C3 76.02' 55M' 79'11'24" N88'58'34"E 70.11' F':Ipia3da^5nb(T'i',y-ahs4n 27 As )2C- E,d-a 5/211202, ':0+:25--A IQH� Exhibit Drawing for Job No. SURVEY 9MSRWIDAHOMMBT R—S Zone 20203 ao�e,iparn earns Shert No. sue,viaesan Blayden Subdivision 1 GROUP LLC A portion of the NEt/4 of the NE1/4 of Section 2B. Dwg• Data T.4N., R.1W_, B-M., Ado County, Idphp_ 5/21/2024 Page 24 83 Description for R-15 Zane Blayden Subdivision May 17, 2024 A portion of the Northeast 1l4 of the Northeast 1f4 of Section 28, Township 4 North, Range 1 Vilest, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 21, 22, 27 and 28, T.4N., R.1W., B.M., from which the 114 corner common to said Sections 27 and 28, bears South 00"29'04"West, 2638.68 feet, thence on the east boundary line of said Section 28, South 00°29'04"West, 772.67 feet to the Northeast corner of Comptons Subdivision No. 2 as filed in Book 31 of Plats at Pages 1935 and 1936, records of Ada County, Idaho; thence on the north boundary line of said Comptons Subdivision No- 2, North 89'1756"West, 737-75 feet to the POINT OF BEGINNING; thence continuing North 89`17'56"Vilest, 571.21 feet to the Northwest corner of said Comptons Subdivision No. 2 coincident with the Southwest comer of Lot 5, Block 1, Luhr Subdivision as filed in Book 59 of Plats at Pages 5766 and 5767, records of Ada County, Idaho; thence on the exterior boundary line of said Luhr Subdivision, North 00°35'01" East, 85.38 feet; thence leaving said exterior boundary line, South 89°2346" East, 0.22 feet; thence 73.36 feet on the arc of a curve to the left having a radius of 180.00 feet, a central angle of 23°21'04", and a long chord which bears North 78°55'42" East, 72-85 feet; thence North 67"15'10" East, 100.26 feet; thence 73.66 feet on the arc of a curve to the right having a radius of 180.DO feet, a central angle of 23°25'54", and a long chord which bears North 78958'37" East, 73.15 feet; thence South 89'17'56" East, 297.72 feet; thence South 44°40'34" East, 54.10 feet; thence South 00'42'D4" Vilest, 117.00 feet tc the POINT OF BEGINNING. Containing 1-828 acres, more or less- � 1-44 cn End of description. 11 on 12 �0 °p OF MOCK Page 1 of 1 Page 25 84 W.-Chirnden Blvd. - S.21 S.22 E 1/16 N89'25'49"W 1307.40 -- - -- - 5.2$ -S.27 I I I +I I 1 1 1 LUAT I Subdivision Unpa ad led m I ry h co 06 f I I ff) S -13 L 1 I IY C U1 1 r-i y m C2 5591 TWE 297.72' 0 m J L2 t1.828 Acres 1 0 d N89'17'56"W 571.21' Point of N89'17'56"W 737.75' Beginning Compton Subdivision No. 2 0 Im I� 1 Line Table Line Bearing Length L1 NOU3 1�46'01'E 85.38' 1/4 IS. 27 L2 589'23'45"E 0.22' L3 N67'15'10'E 100.26' L4 S44'40'34'E 54.10' G NS L5 S00'42'04"W 117.00' 1779 ;a Curve fable AfcCAl� Curve Length Radius Delta Chard Bearing Chord Length C1 73.36' 180.DD' 23'21'04" N7855'42"E 72,85' C2 73.66' 180.DD' 23.28'54" N78'58'37"E 73.15' Scale: 1"=20C' 0 5D 1017 200 400 P:Rio .5uh I.i. tti-a.n 77 F«. xo-so7ti �Knni.lrt-i ia. SIfl�osa i. s.oe w, IDAH Exhibit Drawing far Job No. �EMER R-15 ZO7B 20-203 SURVEY UQWF. RAHO9 " Sheet No[xoeb84"SM Blayden Subdivision 1 GROUP, LLC A portion of ttie NE1/+ of the NE1/4 of Sectlon 2B, uwg. dote T,4N., R,1W., B.M., Ada County, Idaho. 5/17J2424 Page 26 85 Description for R-40 Zone Blayden Subdivision June 18,2023 A portion of the North 1/2 of the Northeast 114 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 21, 22, 27 and 28, T.4N., R,1 W., B.M., frorn which the 1/4 corner common to said Sections 27 and 28, bears South 00°29'04" West, 2638.68 feet; thence on the north boundlafy line of said Section 28, North 89°25'49" West, 806.15 feet to the POINT OF BEGINNING; thence leaving said north boundary line, South 00'39'27"West, 526.67 feet; thence South 89°17'56" Last, 24.10 feet; thence South 10'4-3'12" East, 41.97 feet; thence South 00°42'04"West, 48.00 feet; thence North 89'17'56"West, 297.72 feet; thence 73.66 feet on the arc of a curve to the left having a radius of 190.00 feet, a central angle of 23"26'54", and a long chord which bears South 78'58'37" West, 73.15 feet; thence South 67'15'10'West, 100,26 feet; thence 73,36 feet on the arc of a curve to the right having a radius of 180.00 feet, a central angle of 23°21'04", and a long chord which bears South 78°55'42"West, 72.85 feet; thence North 89423'44" West, 0.22 feet to the exterior boundary line of Luhr Subdivision as filed in Book 59 of Plats at Pages 5766 and 5767, records of Ada County, Idaho; thence on said exterior boundary line the following two (2) courses and distances; North 00°36'01" East, 25.00 feet; L LAIvo ENS rw �, 117 Ln fig F \9 per' Page 27 86 North 69"23'46"Vest, 628.63 feet to the Southwest corner of Lot 3, Block 1 of said Luhr Subdivision; thence on the west boundary line said of Lot 3, North 00°41'50" East, 328.66 feet; thence leaving said west boundary line, South 89'1V0" East, 16.00 feat; thence North 00'39'27" East, 330,47 feet to the north boundary line of said Section 28; thence on said north boundary line the following two (2) courses and distances: South 89'24'50" East, 611.75 feet to the East 1/16 corner common to said SeCtions 21 and 28; South 89°25'49' East, 501.26 feet to the POINT OF BEGINNING. Contsining 16.710 acres, more or less. End of Description. �NcaNa 704, 00 Af MrCA ` Page 2 of 2 Page 28 87 W. 0hinden Blvd- 3.21 1/4 589'24'54"E 871.75' 589'25'49"E 501,26' N 8925'_49_"w_ s.21 S.22 S,2S 695.33' E in#1/16 806,15 S.25 5-27 w Pa of B®ginning i ;: o CjLO i 2 • iti .a tt6.714 4 L6 Acres I CKj m w fjf f" Li o y o It O N69'23'48'W 628,63' N89'17'56°W G2 567"15'14 W 297.72' L4 100.26' I Comp Lens I UnpLosttea Subdivision Na 2 I � Line Table Lie Bearing Length 1/4 L1 589'17'5S'E 24.10' S,28 S.27 L2 S10'43'12'E 41.97' L3 SO0'42'04"W 413.40' L4 N69'23'46'W 0.22' 1 p,L LA4Vq L5 NU0-:55'01"E 25_00' FINS � L6 58918'1O'E 16.00' p 11779 Curve Table Curve Length Radius Delta Chord Bearing Chard Length { �dcCR�A C1 73.615' 150,00' 2326'54» S78'58'37'W 73.15' C2 73.36' 180,00' 23'21'04" S78'55'42"w 72,85' Scale: D 125 250 50C `.uM1;T—qy-C—27 lucrr' .'{1-2G3 tlxy'yI.—',fi +C tl bflty/M.1 114 M11 1`Y IDAHO Exhibit Qyro7wing for �203 SURVEY BOSE. FMFr?AMU104H681, R— 4J Zone eOE IDAFIO8LDS Sheet Nn_ 13618S5 ewE Blayden SubdIVision GROUP, LLC A portion of iha N1/2 of the NE1/4 of Section 28, ❑wg. Dote TAN, RJ YV., B.M.. Ada County, ldoha- 6/18/2023 Page 29 ss Description for C-G Zone Blayden Subdivision May 21. 2024 A portion of the Northeast 114 of the Northeast 114 of Section 25, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described as follows: Ccmmencing at the Section corner common to Sections 21, 22, 27 and 28, T.4N., R.1 ., B.M., from which the 1l4 comer common to said Sections 27 and 28, bears South 00`29'04"West, 2638.68 feet; thence on the east boundary line of said Section 28, South 00°29'04"West, 360.00 feet to the POINT OF BEGINNING; thence continuing South 00°29'04" West, 718.23 feet; thence leaving said east boundary line, North 89°31'22"Vilest, 224.58 feet; thence South 38°34'16" West, 25.63 feet; thence 76.02 feet on the arc of a curve to the left having a radius of 55.00 feet, a central angle of 7W1124", and a long chord which bears South 88°58'34"West, 70.11 feet; thence South 69°59'37" West, 9.15 feet; thence North 89'23'38"West, 223.44 feet; thence 60.27 feet on the arc of a curve to the right having a radius of 76.66 feet, a central angle of 45°02'51", and a iong chord which bears North 66'52'13"West, 58.73 feet; thence North 44°20'47"West, 70.34 feet; thence 60.15 feet on the arc of a curve to the right having a radius of 76.50 feet, a central angle of 45'02'51", and a long chord which bears North 21°49'22"West, 58.61 feet; thence North 00°42'04"East, 323.42 feet: thence North 44°40'34"West, 54_10 feet; thence North 00'42'04" East, 48.00 feet; 4 01 LANp c�\ 1OF-Ns thence North 10'43'12" West, 41.97 feet; thence North 89'17'56" West, 24.10 feet; 779 ar & .� thence North 00°39'27" East, 526.87 feet to the north boundary line of said Section 28; ', IcGAt Page 1 of 2 Page 30 89 thence on said north boundary fine, South 89425'49" East, 179.14 feet to the northerly extension of the east boundary Cane of Luhr Subdivision as filed in Book 59 of Plats at Pages 5766 and 5767, records of Ada County, Idaho: thence on said east boundary line and the northerly extension thereof. South 00'33'05"West, 360.00 feet: thence leaving said east boundary line. South 89°25'50" East, 627.43 feet to the POINT Of BEGINNING. Containing 14.145 acres, more or less. End of description, ,• l}"L 2- 11779 sl�t ° cop O P } Q, Page 2 cal 3 Page 31 90 E 1f16 N8925'49"W 589'25'49'E N89'25'49"W 627.01' S.21 5.22 501.26' 179.14' -- - -- - S 28 S.27 w_ Chinden Blvd. p I • KT Scale; 1"=2Q0' m � o 0 50 100 200 400 o Ur�,vtatted w 'Kry . sv Ln I . °h Point of Line Table o S139'25'50"E 627.43' Beginning o Line Bearing Length z 4 L1 S38'34'16"W 25.63' L2 S59'59'37"W 9.15' L3 N44'20'47'W 7024' m bn L4 N44'40'34"W 54.10' 0 r 00 rn rq L5 hf00'42'04"E 48,00' !p 'L CA a Lfi N10'43'12"W 41.97' ±14.145 Acres N to LL 7 NS9'17'56"1N 24.1fl` _ __, a v m o a ° O O 2 at&ns �'vk lion No 2 {� C1 u N88' 1'22"W C2 N89'23'35"W L2 294.56' 223,44' ci rr . I • W. Larry Ln_ del LA 1/4 g 1.� N8 Curve Table S.28 S.27 g4 Curve Length Radius pelts Chard Fearing Chord Length eL 11779 C1 76.02' 55.00' 79'11'24" 588'58'34"W 70.11' rZ � C2 60.27' 76.66' 45'02'51" N66'52'13"W 58.73' 0 of 14 $ Ma C3 60.15' 76.50' 45'02'51" N21'49'22"W 58.61' u.\BGrd1.6-.6(r.I.Jr Chmdo 27 Apr 2U-2W\A,\E IL.\C-c.d.g 5M/7a24 12:52:10 Fy II DApH�fQ �/ Exhibit Drawing for 206 203 SURVEY �"wE `oST. C—G Zone Sheet No. eO1)'1O"7cl Blayden Subdivision 1 ao61 B�6-�70 GROUP, LLC A portlon of the NE1/4 of the NE1/4 of Section 28. Owg. Date T4N.. RAW, E.M„ Ada County. Idoho. 5/21/2024 Page 32 F-91 B. Preliminary Plat&Phasing Plan(dated: 5/29/24) 3N1 '1N3Wd013A3O J!DO11 J-L a a771.nw-dl.nimnion3 nni� } 4.• y CO 'w1'Suuaamgu3 da11v./yy '�� t=o NO151 1C79f"1S N34.LV1B li y 0-1 I �` x o J1qM .� z b � cc o i a s i4 --==-=°-- --------- " i � I i a n } I--------- --------- iI m ! j j I ! 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Page 40 99 1 -::)NI `1N3V4d0-13n3O •Q CIV3I ON INNVId ION�M33N�ON 33 IAID IV OISI/�IQla 1-1S 1`14 C3A`d1e1 •sul'�uuaaw�u3hallun� o z �j � 0NV 3dVDSaNV� 1V�d ),2JVNIWI�3ad �. msin3e zl t �•y--- Nil =,J - � ws am� I � Y � w 1 o O S 3 I= a = o iII I -- - ----- �� I 1I Page 41 Fl-oo °1N3V4dO_13A3Q J,!D0-11291 0 a V319NINNV1d 19N IN 33N19N311AI3 ` .oul`Ouuaaw�ug A81! �.: w �=A �s NV 3dVOSaNV IV AlJVNIN1-13ad mmxmm = W d� lu 71 El m # o € - w $ J Ij ga tu 4 ` - _ > _A E� ® € I s Rill � �� ���� e ����� �� �� n � � w 4 �ga Z 1 1 1 i III i J) HH@ Page 42 1 01 D. Conceptual Development Plan for Holding Area , �� JNI 'LN3 Wdp13n3t7 J.`Jp11ilL pul 10U xxnd U3 43'iu Q JI VI-1 9 `rG •aul'�ulaaau�du3 lall� NVId 1N3Yid013A30 1d33NOD V321V 00470H a - CHI YJJI� 7B N —__—_— __-- Q p _ U \ U A o a a . I LU - a i I .. ,. i l IS I LC) awn I7 %/ 11 I a� I MV 3N01 N_ s'•y i J ---------------- i h U f i I Page 43 102 E. 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LLMI | �) ---------- ---------- Page 46 Fl 05 "rq)] Garden&Plaza Areas Ord •n nk`T '� � 4 1�' 'ia1���4�.i Pool Overview i,��• "�����„ Illilllllllllllllllllllll South Entry at Clubhouse: Page 47 F1 06] i AMENITY PRECEDENTS/CLUBHOUSE IsT€luE .a - AMENITY PRECEDENTS/WALKING TRAILS J r AMENITY PRECEDENTS/COMMUNITY GARDENS Page 48 Fl 07 AMENITY PRECEDENTS/PICNIC AREAS o' AMENITY PRECEDENTS/DOG PARK I4I r{I�ImrI1nrI um nmu�u,ni � -•+.-� �'�. .,<, ' G - iIIlllllllilllllllllflll SMRIL -� • it 11 �I .. AMENITY PRECEDENTS/PLAZA kk „ - f Page 49 G. Conceptual Perspectives from Chinden&Building Elevations/Materials for Multi-family/Apartments& Clubhouse PERSPECTIVE LOCATIONS/ SITE MAP VIEW LINES NEIGHBORS EASTBOUND WESTBOUND FFT Ull I I I I I I I f I f4 .11111j.111 11111a111 f 1 L TfTfTTf171 1 1 1 ITI I I I I I®! - I F ':'�I'I''Illlllllll� — vnex 4 8 yaw s �m.a R R �vrt[a 0 I IYI I I I ITLI f 1TT 4 11 f T4, 111IIIT I E—, I ITU I COLE/-\RCH I TECTS CBH-BLAYDEN I CONCEPT PERSPECTIVES Page 50 1 09 CONCEPT PERSPECTIVES/EASTBOUND ON CHINDEN }{�a CCLE/ F;CF I-LC i ceH euroE�v i corxFVT vFasaFcrnEs CONCEPT PERSPECTIVES/WESTBOUND ON CHINDEN .i 4 _a COLL C&-fJLA bra Cp+CFPT PFAWFCT'/E5 CONCEPT PERSPECTIVES/VIEW LOOKING SOUTH FROM NEIGHBORS ACROSS CHINDEN T1 r - — A05AV" I C0LE/4k(,Hl7b; caN-awmFn cp.cFm�nspperrvss Page 51 1 10 u LIIIIIIIIIn� � � ll � � n � EE �T1IIIITIII IIIITII Al` - ---------------------------------------------- ILL I d fi S } ME o F T FFFFl = IIJ1i'��LW_LLLJ<JT = m 41 LLI Ln o LIIIIIIIIII { r x a w I a _ _ LJL�IIIllllllllllll�[ I1J1JIf JLHIIIJlllll LL D Page 52 Fill ELEVATIONS/CLUBHOUSE NONE , mnrERlu M.QHINL rulFwE ooaRs� NORTH ELEVATION WEST ELEVATION SOUTH ELEVATION EAST ELEVATION ELEVATIONS/ 12-PLEX-SCHEME 01 L'PP'iR &4�E 410.1E NAL PAN ELS�E�1iLi RDOPAIG R4fTAL WMlOY51 MATERIAL MATERIAL ❑[] s LE,>Qo,ti NORTH ELEVATION) WEST ELEVATION i so to ■ II ON ■ I SOUTH ELEVATION EAST ELEVATION Page 53 Fl 12 ELEVATIONS/ 12-PLEX-SCHEME 02 13PPfR BASE MATE MAL .1ILS R::.::: ROOEI4C WIH DEWS MMfPoAl MATfR- WORS eu x1199; LEYEI cy I ir■ 1 1 ■ 11 ■ 0� � ���,ms I I I 1 1 11 - 11 Q NORTH ELEVATION WEST ELEVATION I�� „ „ ■ S I ■A ■ IN11 ■ 1 � �10 11 ■ 14 - : SOUTH ELEVATION EAST ELEVATION ELEVATIONS/24-PLEX-SCHEME 03 molimm k NORTH ELEVATION WEST ELEVATION 11 11 ■ ■ 11 ■ 11 ■ II II IN II ■ ■ II INN SOUTH ELEVATION EAST ELEVATION Page 54 113 ELEVATIONS/24-PLEX-SCHEME 04 NONE k. I i4 o,ti NORTH ELEVATION WEST ELEVATION 11 on IN IN I I IN IN IN IN IN IN IN IN SOUTH ELEVATION EAST ELEVATION ELEVATIONS/30-PLEX SCHEME 03 as asWe_ti II ' 9AS1liUI 1 RW&SYUILS iM14i�t LFl¢of s ROOTING meinL w- NORTH ELEVATION SOUTH ELEVATION WEST ELEVATION �I IN ■ it II II ■ �� EAST ELEVATION Page 55 F1 ELEVATIONS/34-PLEX-SCHEME 04 Qo. xM, 1WPEA 9ASEMNEP111 RWELLRAILS Fn:�cS MlTH3RL MA�61NL , , , , II „wS vl i I no S w °,°HL NORTH ELEVATION SOUTH ELEVATION oil WEST ELEVATION IN IN IN IN IN ■ �Y 0 II I : I I " I IN IN IN IN IN IN EAST ELEVATION Link to buildinz floor plans and other drawings Page 56 Fl 15 H. Off-street Par bn Exhibit 2 § \ � § a, §§ e§N §2 �� `�� ° » /- § # � §( %§ § 2 §k \ ��E\ 3 2# �/�§§ (�§ #. •� ka <� § m ��• f� j� �/ (� })� cc§ *% ( )B LD§� �� \)k�� k §! !e §! §�) @\ 2% §) § � R§ ©LU \ W W 2; K § 40 %b« =- , (a - � I : � � ..,| F7A ; . D| A� ' \ |;21 ;;h 9 � , � . 2 . . � ���� 71 � 7 . � ❑ � ;��| 2 . � � ,� � � D � � 2 L. R: _ Z ���� �� � ƒ\ z ' ! -- /% IlIIl II ,II , i tn¥ Page 57 Fl 16 I. Conceptual Building Elevations for Townhomes t � A. y A - Page 58 ■ VIII. CITY/AGENCY COMMENTS & CONDITIONS Prior to the City Council hearing, Staff recommends the following revisions to the plans and/or updated information is submitted at least 15 days prior to the City Council hearing: • In the holding area south of W.Ramblin Dr.,the mid-box retail and office park should switch locations(see pgs. 5-6 for more information). • Relocate the plaza area in the holding area on the south side of Ramblin further to the south to a more central location for accessibility of the users of the commercial/office park and better integration into the site(see pgs. 5-6 for more information). • Submit details for the plazas/open space areas in the commercial portions of the development that demonstrate they'll be integrated centers of activity and activated with permanent design elements and amenities in accord with the Mixed-Use guidelines in the Comprehensive Plan(see pg.7 for more information). • Relocate the common areas in the multi-family portion of the development where the dog park, clubhouse, swimming pool&tot lot are located from along the collector street to a more central location within the development(see pgs. 7& 17 for more information). • Submit revised legal descriptions and exhibit maps for the proposed L-O and C-G zoned areas south of Ramblin in the holding area(see pg. 11 for more information). • Revise the preliminary plat phasing plan to reflect Phases 2 and 3 being swapped. • Relocate the emergency access via W. Chinden Blvd./SH 2O-26 to the west boundary of the site(see pgs. 12-13 for more information). A. PLANNING DIVISION Annexation&Zoning 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council approval of the annexation Findings. The DA shall,at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the preliminary plat,phasing plan, site plan, landscape plan, conceptual development plan and conceptual building elevations and renderings included in Section VII and the provisions contained herein. b. Future development shall demonstrate general consistency with the Medium Density Residential and Mixed-Use guidelines and specifically the Mixed Use—Regional guidelines in the Comprehensive Plan.Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas shall be thoughtfully integrated into the development and further placemaking opportunities considered. c. The design of all future structures on this site, except for single-family detached structures, shall comply with the standards listed in the Architectural Standards Manual. Page 59 118 d. A 10-foot wide detached sidewalk/multi-use pathway shall be provided within the required street buffers along N. Black Cat Rd. and W. Ramblin Dr., as proposed.A 10 foot wide detached sidewalk/pathway already exists along W. Chinden Blvd./SH20-26. e. A 25-foot wide buffer to adjoining residential uses shall be provided in the commercial district(s)with lot development and shall be landscaped in accord with the standards listed in UDC 11-313-9C. f. The density of the single-family residential area depicted on the conceptual development plan for the holding area in Section VII.D shall develop with a gross density between 3 and 8 units/acre consistent with the Medium Density Residential Future Land Use Map designation in the Comprehensive Plan. g. The restaurant(i.e. coffee shop)with a drive-through shall require approval of a conditional use permit in accord with the standards listed in UDC 11-4-3-11 —Drive-through Establishment. h. The emergency access driveway via W. Chinden Blvd./SH 2O-26 shall be removed when W. Ramblin Dr. is exended to the west to N. Rustic Oak Dr. At that time,the berm,wall, landscaping and pathway shall be extended across this area. Permanent direct access via W. Chinden Blvd./SH 2O-26 is prohibited. i. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance applications and/or issuance of any building permits. Additionally,the area south of W. Ramblin Dr. depicted in Section VII.D as a holding area for future redevelopment and Phases 4 and 5 of the preliminary plat, shall be further subdivided prior to submittal of any Certificate of Zoning Compliance applications and/or issuance of any building permits within that area. j. Prior to any development occurring in the holding area south of W. Ramblin Dr., an amendment shall be required to the Development Agreement to include an updated conceptual development plan and building elevations for that area that demonstrate consistency with the Comprehensive Plan and Unified Development Code. Preliminary Plat: 2. The final plat shall include the following revisions: a. A cross-access/ingress-egress easement shall be granted to the out-parcel(Parcel #S0428111201) at the northeast corner of this site for future access and interconnectivity via W. Ramblin Dr. either by recorded easement or as an note on the recorded final plat in accord with UDC 11-3A-3A. b. Include a detail(i.e. cross-section)for the alley that demonstrates compliance with the standards listed in UDC 11-6C-3B.5. c. Include a note that prohibits direct access to W. Chinden Blvd./SH 2O-26. d. Graphically depict a 14-foot wide public pedestrian easement for the multi-use pathway along N. Black Cat Rd. and W. Chinden Blvd./SH 2O-26 if located outside the adjacent road right-of-way and include a note with the recorded easement numbers. e. Depict a minimum 5-foot wide setback for drainage from the alley that provides access to the townhomes in Block 3 as set forth in UDC 11-2A-3H. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict landscaping within the 35' wide street buffers along W. Chinden Blvd. &N. Black Cat Rd. and the 20' wide street buffer along W. Ramblin Dr. in accord with the standards listed in Page 60 119 1 UDC 11-3B-7C3; enhanced features are required along entryway corridors(i.e. Chinden& Black Cat). If the unimproved right-of-way(ROW) is 10' or greater from the edge of pavement to edge of sidewalk or property line, depict landscaping(i.e. lawn or other vegetative groundcover)in the remainder of the area as set forth in UDC 11-313-7C.5. b. Include a detail/cross-section of the berm and wall within the street buffer along W. Chinden Blvd. that demonstrates compliance with the noise abatement standards in UDC 11-3H-4D. Include the elevation of the centerline of W. Chinden Blvd. in relation to the top of the wall and the method of variation in the wall(i.e. color and/or texture or staggered every 300'). Breaks in the berm/wall are not allowed. c. Depict landscaping,including trees and bushes, along all pathways in accord with the standards listed in UDC 11-3B-12C. d. Include mitigation information for all existing trees being removed from the site in accord with the standards listed in UDC 11-3B-I0C 5. e. Depict a minimum 5-foot wide setback for drainage from the alley that provides access to the townhomes in Block 3 as set forth in UDC 11-2A-3H. f. Include a detail for the area where the emergency access driveway is proposed that shows how the area will be improved with a berm/wall, landscaping and pathway once the driveway is removed. g. Depict the edge of pavement on the plan. If the unimproved street right-of-way along W. Chinden Blvd./SH 2O-26 is 10-feet or greater from the edge of pavement to edge of sidewalk or property line, depict a 10-foot wide compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. 4. All irrigation ditches,laterals, sloughs or canals, crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless waived by City Council. 5. All existing structures shall be removed from the site prior to submittal of the final plat for City Engineer signature. 6. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 7. A private street application shall be submitted for the multi-family portion of the development on Lot 10,Block 1 with the final plat for that portion of the development for addressing purposes;the private streets shall comply with the standards listed in UDC 11-3F-4. 8. A 14-foot wide public pedestrian easement is required for the multi-use pathway along N. Black Cat Rd. and W. Chinden Blvd./SH 2O-26 if located outside the adjacent road right-of-way;the easement shall be submitted with the final plat application for the phase in which it's located(see Park's Dept. comments below in Section VIII.J for more information). 9. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period,the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of this title. Page 61 120 Conditional Use Permit(Multi-Family Development): 10. The trash enclosures shall contain receptacles to accommodate recycling. 11. Compliance with the specific use standards listed in UDC 11-4-3-27 for Multi-family Developments is required. 12. The site plan shall be revised as follows: a. Depict a directory and map of the development at each of the entrances or in a convenient location for those entering the development in accord with UDC 11-4-3-2 7B.7d. b. Depict three(3)bicycle parking spaces for each building and four(4)bicycle parking spaces at the clubhouse(exterior)that demonstrate compliance with the standards listed in UDC 11-3C- 5C. c. Depict minimum 7-foot wide sidewalks where parking spaces abut sidewalks and wheel stops aren't provided to prevent overhang; or depict wheel stops in parking spaces so vehicles don't overhang beyond the designated parking stall dimension in accord with UDC 11-3C-5B (the length of parking spaces may be decreased by 2-feet if 7-foot wide sidewalks are provided). 13. The landscape plan shall be revised as follows: a. Depict landscaping along the foundations of all street facing elevations per the standards set forth in UDC 11-4-3-27E.2. b. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C. 14. A legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures, parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. 15. Multifamily developments with units that take access via secured common corridors shall install and maintain a keyless entry system, or suitable alternative,to provide police access to the common corridors under exigent circumstances as set forth in UDC 11-4-3-27G. The keyless entry system or alternative shall be subject to review and approval by the Meridian Police Department. 16. All structures are required to comply with the design standards listed in the Architectural Standards Manual. 17. 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 per UDC 11-4-3-27C.7. The Applicant shall demonstrate compliance with this standard with the Certificate of Zoning Compliance application for the first phase of the multi-family development. B. PUBLIC WORKS DEPARTMENT https:llweblink.meridianeily.orglWebLinkIDocView.aspx?id=309843&dbid=0&repo=MeridianCity C. MERIDIAN FIRE DEPARTMENT https:llweblink.meridiancioy.orglWebLink/DocView.aspx?id=309846&dbid=0&repo=MeridianQV D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancioy.ori-IWebLinkIDocView.aspx?id=311601&dbid=0&repo=MeridianCioX Page 62 121 E. SETTLER'S IRRIGATION DISTRICT(SID) h yps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=309892&dbid=0&repo=Meridian City https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=353258&dbid=0&repo=Meridian City F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=309945&dbid=0&repo=Meridian City https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=353833&dbid=0&repo=Meridian City G. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridianciN.org/WebLink/DocView.aspx?id=310610&dbid=0&repo=MeridianCity https://weblink.meridianciby.org/WebLink/DocView.aspx?id=353951&dbid=0&repo=MeridianCity H. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=311352&dbid=0&repo=Meridian City I. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO https://weblink.meridianciU.org/WebLink/DocView.aspx?id=311177&dbid=0&repo=MeridianCity J. PARK'S DEPARTMENT https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=309877&dbid=0&repo=MeridianCity K. KUNA SCHOOL DISTRICT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=352802&dbid=0&repo=MeridianCity L. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=354468&dbid=0&repo=MeridianCity M. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=309856&dbid=0&repo=MeridianCit E IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Stafffinds the Applicant's request to annex the subject property with R-8, R-15, R-40 and C-G zoning for the development of multi family apartments, townhome dwellings, retail, restaurant office Page 63 122 and single-family dwellings is generally consistent with the Comprehensive Plan per the analysis above in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Stafffinds the proposed map amendment to the R-8, R-15 and R-40 zoning district complies with the purpose statement of the residential districts in that it will provide a range of housing opportunities consistent with the Comprehensive Plan. Further, Stafffinds the proposed map amendment to the C- G zoning district and recommended L-O zoning district complies with the purpose statement of the commercial districts in that it will provide for the retail and service needs of the community in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Stafffinds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed uses should be compatible with adjacent uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Stafffinds City services are available to be provided to this development. Comments were received from WASD on this application that are included above in Section VIII.L. 5. The annexation(as applicable)is in the best interest of city. Stafffinds the proposed annexation is in the best interest of the city if the Applicant complies with the recommended conditions. B. Conditional Use Permit(UDC 11-513-6E) 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. Stafffinds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 zoning district(see Analysis, Section Vfor more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Stafffinds the proposed multi family development and density is consistent with the future land use map designation of MU-R in the Comprehensive Plan and is allowed as a conditional use in UDC Table 11-2A-2 in the R-40 zoning district. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for and existing in this area and with the intended character of the area and that such uses should not adversely change the character of the area. Page 64 F123] 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Stafffinds that if the applicant complies with the conditions outlined in this report, the proposed use should not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. Staff finds that essential public services are available to this property and that the use will be adequately served by these facilities. C. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Stafffinds the proposed plat is in conformance with the UDC and generally conforms with the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Stafffinds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Stafffinds the proposed plat is in conformance with scheduled public improvements in accord with the City's capital improvement program. 4. There is public financial capability of supporting services for the proposed development; Stafffinds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Stafffinds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 65 124 E IDIAN;--- Applicant Presentation Blayden Annexation, Zoning, Preliminary Plat & CUP Request Subdivision FUTURE MEDICALFUTURE 38.58 ACRES:ANNEXATION ABOUT RIDGE SUBDIVISIONBLAYDEN SCHOOL FLUM for in the Comp Plan.50% of the MDR area as allowed R to -We are extending the MUSCHOOLC-MUR-MU& Medium DensityR) -Mixed Use Residential (MU DESIGNATION:PROPERTY RUTSCHOOLFUTURE 8-G, R-15, C-40, R-R PROPOSED ZONING:ZONING 8-RG-CRUT15-R40-R6-R R-R8-RG-C-R ZONING 8-RG-C15-R 5.30 acres14.145 acres1.83 acres16.70 acres 40- PLAT COMMERCIALHOLDING AREA (SFR)(COMMERCIAL)HOLDING AREATOWNHOMESFAMILY-MULTI 25101 family lots (future holding area)-Singlecommercial lots (4 + 1 future holding area)townhome lotsfamily lot (312 units)-multi 1321)RamblinFuture access to Levi Ln (via Emergency access to Chinden BlvdBlack Cat Rd-Primary access ACCESS BLACK CAT RDCHINDEN BLVD 32 MULTI SPACEOPEN Required 15%•15.2%–Provided •TOWNHOMESRequired 10%•10.53%-Provided •- •TOT LOTPLAZAPLAZAGARDENSCOMMUNITY CLUBHOUSEDOG PARK AMENITIES Plazas•Community gardens, shelters, picnic areas•Tot lot•Dog park•storage, dog wash stationsPool, kitchen, meeting rooms, covered bike •Clubhouse DELICA FAMILY-MULTI PHASING family residential-Future single•Phase 5•Future commercial•Phase 4••Phase 3•family, dog park-½ multi•Phase 2•with amenitiesclubhouse/pool, 2 office, central plaza family, townhomes, -Access, collector, ½ multi•Phase 1•PHASE 5PHASE 4PHASE 3PHASE 1PHASE 2 PLAN HOLDING PHASE 5PHASE 4 family residential-Future single•Phase 5•Future commercial•Phase 4 •AREA HOLDING AREA CONCEPT HOLDING AREA CC&R’s.holding area and does not intend on violating those The developer is aware of the CC&R’s on the CC&RS TRAFFIC Drive is constructed to intersect Black Cat RoadRamblinDrive/Black Cat Road intersection, when Ramblinturn lane at the -Construct southbound right•Drive and Black Cat Road IntersectionRamblin TIMELINE FULL BUILD OUT 20312031 PHASE 4 & 5 2029 PHASE 3 2027 PHASE 2 2025 PHASE 1 RENDERINGS DELICA TOWNHOMES DELICA APARTMENTS DELICA APARTMENTS DELICA APARTMENTS DELICA APARTMENTS DELICA APARTMENTS DELICA GARDENSCOMMUNITY DELICA POOLCOMMUNITY DELICA DELICA THANK YOU ApprovalAnnexation, Zoning, Preliminary Plat, & CUP Blayden v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for The Gateway at 10 Mile (H-2024-0010) by KM Engineering, LLP., located at NE corner of W. Franklin and N. Ten Mile Rd. Application Materials: https://bit.ly/H-2024-0010 A. Request: Conditional Use Permit for 390 multi-family units in the R-40 zoning district. B, Request: Preliminary Plat consisting of 31 buildable lots and 3 common lots on 38.99 acres of land zoned C-G and R-40. 125 PUBLIC HEARING SIGN IN SHEET DATE : July 18, 2024 ITEM # ON AGENDA : 5 PROJECT NAME : The Gateway at 10 Mile ( W2024 - 0010 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 2 (A � h I 5 a7�1 W vt (�v� C 3 4 5 6 7 8 9 10 ' 11 12 f 13 14 STAFF REPORT C:�*%_ W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 6,2024 Legend DATE: Project Location TO: Planning&Zoning Commission FROM: Stacy Hersh,Associate Planner 208-884-5533 SUBJECT: The Gateway at Ten Mile PP, CUP H-2024-0010 - LOCATION: NEC of W. Franklin Rd. &N. Ten Mile Rd., in the West %of the SW 1/4 of Section 11,Township 3N.,Range 1 W. °`" (Parcel: 51211336065) I. PROJECT DESCRIPTION Preliminary plat(PP)consisting of 31 buildable lots 3 common lots on 38.99+/-acres of land zoned C-G and R-40 for The Gateway at Ten Mile; and a Conditional use permit(CUP)for a multi-family development containing a total of 390 residential dwelling units in the R-40 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 38.99-acres(plat boundary) Future Land Use Designation Mixed Use—Commercial(MU-COM)with a small area of Civic in the Ten Mile Interchange Specific Area Plan (TMISAP) Existing Land Use L Vacant/undeveloped land Proposed Land Use(s) Commercial,multi-family development Current Zoning — General Retail and Service Commerical District(C-G)& High-Density Residential(R-40) Proposed Zoning NA Lots(#and type;bldg/common) 31 buildable lots/3 common lots Phasing plan(#of phases) A Phasing Plan was not submitted Number of Residential Units(type 390 units(200 one-bedroom, 174 two-bedroom,and 16 three- of units) bedroom units) Page 1 F126] Density(gross&net 10(gross)units/acre Open Space(acres,total [%]/ 4.44 acres buffer/qualified) Amenities A clubhouse with a swimming pool,fitness center,pickleball court,two 5,000 square foot open space areas,a dog park,and bike repair shop. Physical Features(waterways, The Ten Mile Creek bisects a small portion of the southwest hazards,flood plain,hillside) corner of the lot. Neighborhood meeting date;#of February 21,2024;no attendees other than the Applicant attendees: History(previous approvals) H-2020-0046(DA Inst.#2021-082775—Gateway at 10 Mile) B. Community Metrics Description Details Page Ada County Highway See Link to the Staff Report in Section IX below. District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study Yes es/no Access Access is proposed via W.Franklin Rd.,N.Ten Mile Rd.as shown on (Arterial/Collectors/State the plat. Hwy/Local)(Existing and Proposed) Traffic Level of Service W.Franklin Rd.—better than"B"/existing plus project`; S.Ten Mile Rd.—"F"(acceptable level of service is"E") Stub There is a stub street on the east boundary of this site(W.Fred Street) Street/Interconnectivity/ that is extended to the west then runs north through this site. Cross Access Existing Road Network There are no existing internal roadways within the site;W.Franklin Rd. and N. Ten Mile Rd. are existing arterial streets that border the site along the south and west boundaries. Existing Arterial Curb,gutter and a 7-foot wide attached asphalt path exists along N. Ten Sidewalks/Buffers Mile Rd. Curb,gutter and a 7-foot wide attached(near the intersection) and 5-foot wide detached(outside of the influence area of the intersection)concrete sidewalk exists along W.Franklin Rd.No buffers exist on this site along either roadway. Proposed Road There are no roadways,bridges or intersections in the general vicinity Improvements that are in the IFYWP or the CIP. Fire Service • Distance to Fire 2 miles from Station#2 Station • Fire Response Time Within 5-minute response time goal • Resource Reliability 74%(goal is 80%or greater) • Risk Identification 4—current resources would not be adequate to supply service to this proj ect. Page 2 127 Description Details Page • Accessibility Meets all required access,road widths and turnarounds • Special/resource Will require an aerial device—can meet this need in the required time needs frame if a truck company is required. • Water Supply Will vary depending on building size and occupancy types. • Other Police Service See Section IX.D West Ada School District • Distance(elem,ms,hs) West Ada School District has experienced significant and sustained growth in student enrollment dur years.Based on current enrollment data specific to the area surrounding this proposed development development consisting of 0 single-family units and 390 multi-family units could house approximately • Capacity of Schools children.Approval of this application will affect enrollments at the following schools in West Ada Sch • #of Students Enrolled Enrollment Ca ac' Chaparral Elementary School S43 700 Meridian Middle School 955 1250 Meridian High School 170 2075 • Predicted#of students 51 school-aged children generated from proposed development Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed • Estimated Project Sewer ERU's See Application • WRRF Declining Balance IEWoject Consistent with WW Master Plan/Facility Plan Yes • Impacts/Concerns •Flow is committed •See Public Works Site Specific conditions in Section IX.B Water • Distance to Water Services Water available at site • Pressure Zone 2 • Estimated Project Water ERU's See application • Water Quality None • Project Consistent with Water Master Plan Yes • Impacts/Concerns See Public Works Site Specific Conditions in Section IX.B Page 3 128 1 ■I 1 1 lwilar B - Jim E ......_, ;•,:: � `�. PINE 1 -:411"III, ::__„- VJr � � ' ..,,,-•n.-:• W�„. ' noun • � B'- �• �I� ; _ • • • - ■• 'Rio. I■ ! _ 9 :: III ■111. - f =JA KVIN ■ fq� r. „, .■.. NKL-IN-- . � ■■.. ANKLIN� _ - ■ eta =nni _ •�I' s • � - • IIIIIIIIIIIII '' y`' � a��o. � . a 1 1 1 1 1 1 1 �Nl fag, - • - • ,�... '.,�gip?�::. - • - • ._-qi..n::::::•::u �,:•:�::. • • • • 1♦:• : :::::� �: n Oi L�1•..n.n•�•�.n... � • • • • ,�_.._::::::::nm:uuuJq.i.�1•nnm•�•uuw P.INE �• e� ::w�u" m\•.o'.'� � '' �: ::w�uunmm�unnnu\\::::� III �-�•'�••.�.;:"�:� to ,, 1 `/ - Ir ■1��. :;III„ ,,1� I. ��f' _ —pop":1��■■1��. � �1 - �'�n■�r.��'�� J---�Y��`� fit`'=' � C�--C`Jd� �IIIIII IIIIIIII - �': I���il���l`��IIIIIIII IIIIIIIIII C • C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 5/20/2024 Radius notification mailed to properties within 500 feet 5/17/2024 Public hearing notice sign posted 5/17/2024 on site Nextdoor posting 5/20/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAI�: LAND USE: The property is designated Mixed-Commercial(MU-COM) and Civic on the Future Land Use Map(FLUM)in the Comprehensive Plan. This property is located within the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail, recreational, employment, and other miscellaneous uses,with supporting multi-family or single-family attached residential uses(see pg. 3-9 in the TMISAP for more information). Mixed-use designated areas in the TMISAP are recommended locations for development of activity centers that are specifically planned to include both residential and non-residential uses.Mixed-use areas are anticipated to have 3 or more significant income-producing uses(i.e. retail, office,residential and lodging facilities)with significant functional and physical integration in conformance with a coherent plan(pgs. 3-7 &3-8). The site is proposed to develop 17 commercial lots with uses that may include retail,restaurants,personal and professional services, and office uses as shown on the site plan in Section VIII.H. Additionally,the Applicant has provided plaza and seating areas in the commercial areas that will be easily accessible and approachable to residents and patrons (refer to figures below). }fI &f11o5FUiN6 MAP rO51f I o 1 fr a1AIA,�l rrteww..anfan ercx fenwo e¢errca rxmP++��•.o*• r � � r'r f Page 5 130 The multi-family complex consists of six four-story interior corridor-style buildings and five three-story townhome-style buildings, all featuring flat roofs and contemporary finishes(200 1-bedroom, 174 2- bedroom units, and 16 three-bedroom units). Additionally, amenities include a clubhouse, swimming pool, fitness center,pickleball court,three 5,000 square foot open spaces, a dog park, and a bike repair station located within the central open space. The proposed development encompasses a total of 390 residential units and 17 commercial lots on the overall site. Bicycle and pedestrian connections with decorative street crossings are integrated throughout the site, allowing residents of the multi-family portion of the development and visitors to travel within both the commercial and residential areas, as shown in Section VIII,Exhibit D. Staff finds the mix of income-producing uses proposed as well as the vertical and horizontal integration of such uses and residential densities interconnected by pedestrian walkways and amenities is generally consistent with the goals of the TMISAP for this area. Transportation: W. Franklin Rd. and N. Ten Mile Rd. are existing 5-lane arterial streets that run along the south and west boundaries of the site and are fully built out. S. Wayfinder Avenue and W. Fred Smith Street are proposed to be extended as collector streets from W. Franklin Road at the southeast corner and off-site along the eastern boundary of the site consistent with the Master Street Map in the Comprehensive Plan and the Transportation System Map in the TMISAP. The Transportation System Map depicts the Ten Mile intersection with Wayfinder Avenue as a full access. The Street Section Map depicts this segment of Wayfinder as Street Section E,which is a towncenter collector street per the Transportation System Map. Buildings on such streets are built to the sidewalk and tree-wells are required. The pedestrian experience is enhanced with 12-foot sidewalks, street trees inwells, and pedestrian scale lighting. Ample on-street diagonal parking supports the businesses within the Lifestyle Center and in Mix Use Commercial area. This section may be modified to allow parallel parking as a local section in these areas. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb. Both wet utilities may be located in the street. Streetlights should be placed in the dry utilities corridor on either side of the street. NAM m mr I I.., no- 64 M Frtng SIree[ Sectian E I i Design: Conceptual building elevations were submitted for the multi-family residential structures and the associated clubhouse. The design of the proposed multi-family structures appears to be of a high quality and are generally consistent in style,materials and colors. Elevations weren't submitted for the commercial portion of the development as tenants are unknown at this time. Final design of the site and all structures is required to comply with the design elements of the TMISAP per the Application of Design Elements matrix on pg.3-49 of the TMISAP and the design standards in the Architectural Standards Manual in accord with the Development Agreement(Inst.#2021-082775,provision#5.1j). The commercial portion of the development should incorporate similar design elements,colors and materials as the residential portion of the development. Page 6 131 Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) A variety of multi family housing is proposed in this development consisting of interior corridor-style buildings and townhome-style buildings, allfeaturingflat roofs and contemporary finishes, which will contribute to the variety of housing types in the City, specifically in the Ten Mile area as desired, that should cater to different financial capabilities. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. The West Ada School shows capacity at area schools below capacity currently serving this area. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers."(2.01.01H) The site is located at a major intersection along two major mobility arterials (Franklin and Ten Mile Roads) and in close proximity to employment centers. Transit services exist in the Ten Mile Crossing development to the south at the intersection of Vanguard/Wayfinder to serve this area—other transit stops may be added in the future. Transit services are available to serve this site via Route 40. Lots 4 and 5, Block I align with the future land use map designation of"Civic"and have been preserved to comply with DA Provision 5.1.d. Currently, Valley Regional Transit does not have any specific plans for a transit center in this location. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine, play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed project with multi family residential and commercial with nearby employment (retail/office uses) and restaurant uses, should provide a good mix of uses that residents won't have to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development;encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) This property is an enclave currently annexed into the City and surrounded by other annexed land. The development of this property will maximize public services. • "Improve and protect creeks and other natural waterways throughout commercial,industrial and residential areas."(4.05.01D) The Ten Mile Creek runs through the site's southwest corner and is proposed to be preserved as a natural amenity on Lot 10, Block 3. The Applicant should protect and enhance Ten Mile Creek by adding planters with trees, shrubs, and boulders to match the landscaping Brighton installed around the creek across the street. • "Require collectors consistent with the ACHD Master Street Map(MSM),generally at/near the mid- mile location within the area od City impact."(6.01.03B). A Collector street(Wayfinder Avenue) is proposed along the eastern boundary of the site, intersecting with the proposed continuation of W. Fred Street(local street) running west, consistent with the Page 7 F132] MSM. • Provide housing options close to employment and shopping centers". (3.07.02D) This project is proposed as a mixed-use development, offering both residential and employment opportunities within the same area. Additionally, the area immediately south of the subject site, in the Ten Mile Center Subdivision, is filled with commercial and employment development. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan as discussed above and is consistent with the approved Development Agreement. VI. STAFF ANALYSIS A. PRELIMINARY PLAT A preliminary plat(PP)consisting of 31 buildable lots on 38.99+/-acres of land in the C-G and R-40 zoning districts is proposed for The Gateway at 10 Mile (see Section VIII.A). The Applicant has not yet submitted a phasing plan. Staff recommends that the Applicant provide,or be prepared to discuss a phasing plan at the public hearing. Additionally,the development agreement requires the Applicant to connect to W. Fred Smith Street from the east. Staff recommends that the plat illustrates the connection from the east. Existing Structures/Site Improvements: There are no existing structures on this site. Curb, gutter, and a 7-foot wide attached sidewalk exist along N. Ten Mile Rd. Curb, gutter, and 7-foot wide attached and 5-foot detached sidewalk exist along W. Franklin Rd. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and Table 11-2B-3 for the C-G zoning district. In the R-40 district,residential buildings shall provide a minimum setback of ten(10)feet unless a greater setback is otherwise required per Building Code. In the C-G district,there are no minimum setback requirements; however, future buildings may not encroach within required street buffers and residential structures must have a minimum 20-foot separation between structures per Building Code. Access(UDC 11-3A-31: Access is proposed via three roads: W. Franklin Rd., a commercial arterial;N. Ten Mile Rd.,a residential mobility arterial; and the future extension of N. Wayfinder Avenue,a towncenter collector street designated as N. Innovation Lane on the plat. However,the Applicant inaccurately labeled the collector street as S. Innovation Lane on the plat,whereas S. Innovation Lane is located farther west across Franklin Road and functions as a local street. South Wayfinder Avenue lines up directly to the development's south across Franklin Road. Staff recommends that the Applicant correct the name of the future collector street on the plat. Two(2)access driveways are proposed via W. Franklin Rd.—one(1)right-in/right-out only(Private Street A), 565-feet east of Ten Mile Rd. and one(1)full-access, east of Ten Mile Rd. (Wayfinder Avenue -future collector to be built). Upon dedication of the required right of way by third parties,the Applicant shall construct half plus twelve feet of the future collector street adjacent to the property's southeast corner, as shown on the preliminary plat The City supports the additional access to Franklin Road because the completion of the collector roadway is contingent upon the owners of the adjacent properties to the southeast(parcels S1211336300&S1211336401) ACHD has approved the full access for the future collector to be built as a full access and the right-in/right-out only as proposed Page 8 133 with Private Street A. Staff recommends depicting Private Street A as a drive aisle on the plat because it does not meet the private street standards outlined in UDC 11-3F-4. Two(2) access driveways are proposed via S. Ten Mile Rd.—two(2)full-accesses, 825-feet north of Franklin Rd. (Public Street B) and one (1) 1,330-feet north of Franklin Rd. (Public Street A). Where access to a local street is available, the Applicant shall reconfigure the site circulation plan to take access from the local street (Public Street Q in accordance with UDC 11-3A-3. Staff recommends removing the access for Public Street B on Ten Mile Road from the plat limiting the number of access points on a busy arterial street near an intersection per UDC 11-3A-3. The proposed commercial lots can take access from Public Street C. The following existing driveways are to be closed per ACHD's conditions of approval: Close the existing driveway onto Franklin Road located 712-feet east of Ten Mile Road with vertical curb, gutter, a 5-foot wide planter strip and 5-foot wide detached concrete sidewalk to tie into the existing improvements on either side, as proposed. Close the three existing driveways onto Ten Mile Road located 260, 610 and 970-feet north of Franklin Road with vertical curb, gutter and 7-foot wide attached concrete sidewalk to tie into the existing improvements on either side. Other than the accesses specifically approved with this application,direct lot access is prohibited to Franklin Road and Ten Mile Road and should be noted on the final plat(refer to figure below). Staff is supportive of the construction of a continuous local commercial street extending from Ten Mile R4ed thrOUgh the site tp the$pVthe0sl prgperty ling (highlighted in red)and the proposed rlghl-irvrlght-out only drlveway-onto Franklin Road (highlighted in orange). The proposed Idcal street access to Ten Mile Road.Site Acoess B.located 505-feet south of the proposed local street, Street A. ,w,4 should not he �a approved as proposed, as it t : t does not meet Local Street Intersection ® y• r Spacing on M inor Arterials which requires a ' u minimum offset PM 1 of 660•feet from any other 4 RIVATE I roadways, is not i r� M DRIVE needed to serve I P r AISLES the site and this & site will have _ r access to the s signalized intersection of 3ehek Amara nklin I Road via Fred — Smith street. y = See Findings W. on page 17 For ;. i 11 ArFI HOER AVEHLIE - the requirements ,.. w a_ -ems_ regarding Street 6, a proposed R IRO o NLY scree and fecal DRIVEWAY the proposed cut- = de-sac al the terminus of -� r—fir Street A. A Fire Protection Access/Phasing plan was not submitted with this application,which is included in the Fire Dept. comments in Section IX.C. Page 9 134 Based on ACHD's traffic counts,with development of this property Franklin Rd.will still operate at an acceptable level of service (i.e. "E") but Ten Mile Rd.will not("F").An acceptable level of service is "E" (refer to below). Condition of Area Roadways Traffic Count is based on Vehicles per hour(VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Franklin Road between Ten Mile Road and 724-feet Principal Arterial 925 Better than "E" Wayfinder Avenue Ten Mile road between Site Access A and 1,486-feet Minor Arterial 1,555 Franklin Road *Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH). • Acceptable level of service for a seven-lane principal arterial is "E" (2,720 VPH). *Acceptable level of service for a five-lane minor arterial is "E" (1,540 VPH). Road Improvements: Ten Mile Rd. and Franklin Rd. are fully improved with 5-lanes; road widening is not required. The Applicant proposes extending W. Fred Smith Street from east to west,then turning into Public Street C heading north. The Applicant should connect into Fred Smith Street from the east and construct Street C and Fred Smith Street as a 36 foot wide local commercial street sections with 2- travel lanes,parking on both sides of the roadway, vertical curb,gutter, and bulb-outs at intersections and pedestrian crossings with an 8 foot planter strip and 10 foot wide multi-use pathways on both sides of the roadway. The Applicant proposes constructing Public Street A to run east-west along the northwest portion of this site, ending at the southwest corner of the proposed future Civic site, as required by the Development Agreement(#2021-082775). The Applicant should construct Street A between Ten Mile Road and Street C as a 36 foot wide street section with 2-travel lanes,, vertical curb,gutter, an 8-foot wide landscape strip, and 10 foot wide detached concrete sidewalk. The Applicant proposes to construct a portion of Wayfinder Avenue to the site's east property line. The Applicant should construct a temporary cul-de-sac turnaround at the terminus of Wayfinder Avenue with a minimum of a 50 foot paved turning radius in accordance with ACHD's conditions of approval. The Applicant should construct the following turn lanes in accordance with ACHD's conditions of approval: Construct a dedicated westbound right-turn lane on Franklin Road, as proposed, when Site Access C, a driveway, is constructed to intersect Franklin Road located 565-feet east of Ten Mile Road. Coordinate the design of the turn lane with ACHD's Development Review staff. Construct a dedicated northbound right-turn lane, on Ten Mile Road, when Site Access A, a local street is constructed to intersect Ten Mile Road located 1,330-feet north of Franklin Road. Coordinate the design of the turn lane with ACHD's Development Review staff. Page 10 F135] As noted above, City Staff recommends that the center access be removed from the plan,unless otherwise approved by City Council. Pathways(UDC 11-3A-8) & Sidewalks(UDC 11-3A-17): There are no multi-use pathways depicted on the Pathways Master Plan for this site. Walkways are proposed throughout the site for pedestrian access and interconnectivity. A 7-foot wide attached sidewalk exists along Franklin Rd. abutting the site within the influence area of the intersection transitioning to a 5-foot wide detached sidewalk for the remaining site frontage.A 7-foot wide attached sidewalk exists along N.Ten Mile Rd.,which should be a minimum 6-foot wide detached sidewalk, separated from the curb by a minimum 8-foot wide tree lawn/parkway, consistent with Street Section A in the TMISAP(see pg.3-20).A 10-foot wide pathway is preferred along Franklin Rd. and Ten Mile Rd.based on ACHD's adopted Livable Streets Performance Measures but not required. Staff is not requiring the Applicant to replace the existing 7-foot wide attached sidewalks and 5-foot wide detached sidewalk that run along both arterials. The Applicant is proposing what appears to be 6-foot wide sidewalks along both sides of W. Fred Smith Street and Public Street C. Staff recommends that the Applicant construct 10 foot wide detached pathways along both sides of these streets in accordance with ACHD's adopted Livable Street Performance Measures and UDC 11-3A-5. West Ada School District(WASD) recommends the addition of a micro-path from the plaza area between Street A and Street B to the sidewalk along Ten Mile Road. This location would be a prime location for a bus stop. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision in accord with the widths specified in UDC Table 11-2A-8 for the R-40 zoning district and 11-2B-3 for the C-G zoning district based on the street classification and planted in accord with the standards listed in UDC I1-3B-7C. A landscape plan was submitted for the proposed subdivision landscaping,included in Section VIII.B. Required street buffer widths are as follows: 25-feet along W. Franklin Rd., an arterial street; 25-feet along N. Ten Mile Rd., an arterial street; 20-feet along N. Wayflnder Avenue, a collector street; and . The street buffers along W. Franklin Rd.,N. Ten Mile Road, and the portion along N. Wayfinder Ave. east of the driveway access nearest the intersection appear to meet the minimum width standard. Multiple common lots for the street buffers are depicted on the plat and they should be maintained by the property owner or business owners' association in accord with UDC 11-3B-7C.2b. The number of trees proposed in buffers meets the minimum standard required by UDC 11-3B-7; however,the TMISAP requires an enhanced street buffer to align with the TM Center Subdivision directly to the south. (refer to figure below). Furthermore, Staff finds that the Applicant should enhance the landscaping around the Ten Mile Creek on Lot 10,Block 3 to create ab attractive linear open space for the development. Page 11 136 " 4 � ., nth� d s�1�7r-�,. � r• ��� � ��� F77 ,:' j,rp • �,` 3 ti� -,r 'GIs�',' i� '�+- '' ,gym w..a•.,r;+.' . �yx� F'i :' .ate,y s• i.M1• _ . ►ram _ .fit. . s 1 �. ' I - ',j.w t - .- �'of ys ';�,' ' �,•Y�� �' ,�• w. Landscaping is required in common open space areas in the R-40 portion of the development in accordance with the standards listed in UDC 11-3G-3E. A calculations table is included on the landscape plan submitted with this application demonstrating compliance with the above standards; however, Staff recommends that the applicant enhance the street buffers in accordance with the TMISAP guidelines (pages 3-26,3-27, 3-28,3-29& 3-30. Waterways(UDC 11-3A-A): The Ten Mile Creek bisects the southwest corner of this site and is proposed to be left open as an amenity for the development in accord with UDC 11-3A-6,which requires laterals to be piped unless improved as a water amenity or linear open space. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pedestrian-scale street lights consistent with Street Sections A and B in the TMISAP are required along W.Franklin Rd. and N. Ten Mile Rd. (see pg.3-22). Streetlights shall be placed in the dry utilities' corridor on either side of N.Wayfinder Avenue in accord with Street Section Ein the TMISAP (pg.3-23). Page 12 137 Dry utilities should be located at the back of the curb in the dry utilities corridor along S. Ten Mile Rd. and W. Franklin Rd. in accord with Street Sections A and B in the TMISAP (pg. 3-22). A 5-foot wide dry-utilities corridor should be provided along both sides of S.Wayfinder Avenue; both wet utilities may be located in the street. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18.A Preliminau Geotechnical En ine eeringRReport dated 03/06/2020 was submitted with this application; an updated copy should be submitted prior to or with the first final plat application. B. CONDITIONAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT Conditional use permit(CUP) for a multi-family development containing a total of 390 residential dwelling units(200 1-bedroom units, 174 2-bedroom units, and 16 3-bedroom units)in the R-40 zoning district for The Gateway at 10 Mile. The proposed development plan is in substantial compliance with the conceptual development plan and building elevations included in the Development Agreement(Inst. #2021-082775)as required. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: A. Purpose. 1. To implement the goals and policies of the Comprehensive Plan: a. Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. b. Require the design and construction of pathways connections,easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities as part of new multi-family residential and mixed-use developments. 2. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. a. To create quality buildings and designs for multi-family development that enhance the visual character of the community. b. To create building and site design in multi-family development that is sensitive to and well-integrated with the surrounding neighborhood. c. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. B. Site design. 1. Residential 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. Page 13 138 The residential buildings look to meet the minimum setback requirement of 10 feet as required. 2. All on-site service areas, outdoor storage areas,waste storage,disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures not visible from a public street;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 11-513-5 of this title. The floor plans submitted with this application depictpatios and balconies that exceed this standard. 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. The proposed parking meets and exceeds UDC standards (see parking analysis below). Additionally, the Applicant has provided seven (7)storage buildings/garage structures intended for use as either storage or additional parking for tenants. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office.Located in clubhouse. b. A maintenance storage area.Located in clubhouse. c. A central mailbox location, including provisions for parcel mail,that provides safe pedestrian and/or vehicular access.Located in clubhouse d. A directory and map of the development at an entrance or convenient location for those entering the development.Depict on site plan The site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. C. Common open space design requirements. 1. The total baseline land area of all qualified common open spaces shall equal or exceed ten (10) percent of the gross land area for multi-family developments of five (5) acres or more. The multi- family portion of the site is 17.5 acres, requiring 1.75 acres(76, 052 square feet)of baseline open space according to the standard. The Applicant is proposing 10.52% of baseline open space, totaling 1.84 acres(80,157 square feet), exceeding the requirement. 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; Page 14 139 (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 multi family development comply with these standards by providing open space that is well connected,highly visible,and promotes health and well-being by supporting a range of leisure and play activities with the proposed amenities and general design of the open space.See the submitted landscape plan and rendering for a visual of compliance with this standard. 3. All multi-family projects over twenty(20) units shall provide at least one (1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total.Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway,are exempt from this standard. a. Minimum size of the common grassy area shall be at least five thousand(5,000)square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision- making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. b. Alternative compliance is available for these standards if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land-use designations with collectively integrated and shared open space areas. The submitted plans feature three common grassy open space areas, each 5,000 square feet in size that exceed the requirement. These areas are situated internally to the site, adjacent to Building "F"; adjacent to the clubhouse, and between Buildings "E"and "D': 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. There are 320 units proposed between 500 and 1,200 s.f.; therefore, a total of 1.84 acres (80,000 square feet) 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. There are 70 units proposed that are over 1,200 sf of living area; therefore, a total of 0.56 acres (24,500 square feet) of common open space is required. At a minimum, a total of 104,500 sf. (or 2.40-acres) of outdoor common open space is required to be provided in the proposed development. A total of 113,424 square feet(or 2.60-acres) is proposed to be provided in excess of UDC standards. Overall, the proposed qualified open space complies with the standards in 11-4-3-27C. Page 15 F140] 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 for the overall multi family 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 multi family project. 7. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to a collector or arterial streets unless separated from the street by a berm or constructed barrier at least four(4)feet in height,with breaks in the berm or barrier to allow for pedestrian access. The Applicant is not including or requesting that the required 25 foot street buffer along N. Ten Mile Road(arterial roadway) and W. Franklin Road(arterial roadway)be included as part of the open space calculations. However, these frontage improvements are required with the development of the proposed commercial portion of the 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. Page 16 141 (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. To satisfy the specific use standards for the proposed 390 multi-family units the decision- making body may deem if the proposed amenities for the multi-family development is sufficient. According to the submitted plans and narrative, the applicant believes they have included four qualifying amenities, each from a different category. The proposed amenities consist of the following: ➢ Clubhouse ➢ Swimming pool ➢ Fitness center ➢ Pickleball court ➢ Three 5,000 square foot open space areas ➢ Dog park ➢ Bike repair station ➢ Enclosed storage All amenities are located within the central open space lot. The Applicant is proposing multiple amenities from the"Quality of Life"category,and missing an amenity from the"Open Space" category. The Applicant should add a picnic area that includes tables,benches,and a structure for shade in one of the open space grassy areas to meet the requirements of UDC Code 11-4-3- 27.1)for the site. Overall,the proposed amenities satisfy the required standards. 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. Page 17 [142] 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. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section VI.A. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6.Based on(200) 1-bedroom units, 174 2-bedroom units,and 16 3-bedroom units, a minimum of 735 off-street spaces are required with 390 of those being in a covered carport or garage, and 39 spaces designated for guest parking.A total of 744 spaces are proposed,including 363 carports provided,231 standards provided,and 150 garages provided. The proposed parking exceeds the minimum standards per the UDC code.Furthermore,the Applicant has provided seven storage buildings,totaling 82 storage garages, designated for either storage purposes or additional parking for tenants. 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 744 spaces,a minimum of 30 spaces are required. The site plan states a total of 30 spaces are proposed for the multi-family portion of the development. Bike racks should be provided in central locations for each building as proposed and comply with the standards listed in UDC 11-3C-5C. According to the submitted plans, the Applicant is demonstrating compliance with this standard. Fencing(UDC 11-3A-7): A 6' privacy fence is proposed on the north and west side of the multi-family development. Staff recommends that the Applicant submit a detail of the fencing at the time of CZC submittal. Building Elevations(UDC 11-3A-19;Architectural Standards Manual; TMISAP) Conceptual building elevations were submitted for the various types of multi-family units proposed in this development as shown in Section VIII.F. All of the structures consist of a complementary mix of materials,including stucco,brick veneer,horizontal exterior cement siding,metal parapet caping, glazing,and colors. The Applicant should work with the Police Dept.on a plan for emergency police access into each building entry point using a multi-technology keypad(see Section IX.D for more information). An administrative Design Review application is required to be submitted for approval of the design of the multi-family structures and clubhouse prior to submittal of building permit application for those structures.An application for Certificate of Zoning Compliance is also required to be submitted along with the Design Review application. The design of the structures is required to be consistent with the design standards in the Architectural Standards Manual and the design guidelines in the TMISAP as noted in the Development Agreement(Inst.#2021-082775) (see the Application of the Design Elements table on pg.3-49 of the TMISAP). Page 18 143 VII. DECISION A. Staff: Staff recommends approval of the proposed Preliminary Plat and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. Page 19 144 VIII. EXHIBITS A. Preliminary Plat(date: 03/11/2024) PRE LIMINARY PLAT 5HOWI M5 GASSER LAND DEVELOPMENT SUBDIVISION A PARCEL OF LAND SrFUTED IN THE WTiT 1fl OF THE 9XUR WE 514 Of SB=PP 11.TOVk%rHIP i WWK ROAM I WEST.EIOLSE IWKHIDIM.&M OWWff.UVd0 QS+Lw7v.%.-_-n E&Z ir y fir• = I •>Lrrsa --�^•^� ��- x,� � + itar i IMF - W Run— Page 20 145 B. Landscape Plan(date: 03/11/2024) P9 'yy - -y r Lw nrra sr ao srT n ' L Ib law 1,4 s O - 4 kml 2+?-AT LANDSCAP Page 21 F146] C. Overall Conceptual Site Plan --.1 IF] E Air TE- WAY AT 10 M I CCIiNCEPTUAL.SUBJECT TO CHANGE a RMUGAG IIIGXT4r vAw C G EI Iu' IIFmoAD Im t r W NAY :I - Lh7C 4'al1 -4L6F16� i � � I I� a �.T' � .,I a.soxc■ RLAIAA r I I u r _emu - 1 } 1 pvNKsn[[•�. 1 Ll 1 i i. mm �c8 I 1 5 ti I x / SF PIEp�WrIL fTA(#T 0AM M 1; FUP44LIN Ir34D II*WIPAL ANTICIRL1 - L Q!X Ca'r"fYSJVif MI fVEDCIAJ CCWLWRCIAL T!#JMRY Page 22 147 T '111 .1 G� A-11 iE WAY 711" I 0 M i L IL CGICEPTIJRL,SUEJECfTOCR&NGE a►amsouuno��ua _ I{ J-.L it ��, _•�_ivei��mna � •7.1 .r�ti f I I •- i •1 5 ��1 '1�S I.N •1.11 � , _ ■ f , o- Y x _ MULTI- lf urtra swlt r m Cneawi� CEN"�Maiu Page 23 F148] CC}VCEPTUAL,SLIE JECTT4 CHANGE T Iw.nCw:-e svrwwper I• �� i•1 1 • a� �J.�o-��� �7 � aen • .. xrx eai�nce f L Q S •k .,aFr. r� Lea F; NILbC';M15 { , f rL4 IIIIY XGh #�i 1L3�i �w.rFLD sm—TELL' 3 x 3 F J+INC Wa a[R W U ;AeN LAU1, JWIII I'•F!.51I Page 24 F149] T FI ;E - F IE WAY AT 10 M 1 LE CONCEFrUAL,SLIEJEC-rm CHANGE SEtiZFGMw .49 1 S EC Alp I'A AI&UA s�c►►ow a - � � _ _ I a SfrTm a 1'ul6rl��i► ' — I '� � �r • a r+ rr r � r � • a � � r ,'� '' f , FiRFIA Y y DG LD G/JMGALYIac P'JI' rid ARrimm: Jl+1 pm NFKH PW44 Tppm M-01% "HEM LLTWO u itG LIAb IVKK 1 � ,4 r• I y { a - rr i l UZAa ' i R[FLIITLYI[•JYFI-SIGH Ala SGATIIIS Tw am*TK D'DDDPATM1l!FL{M!1 rml5 Et7m,"lm, 911DG f f 1 ' r � • •ti.r I '• DEWEW MENT PLAN Page 25 Fl-5o D. Pedestrian &Bicycle Circulation Plan THE Tof , SAY AT 10 M T LIF CONCEPTUAL,5UI�JECT TO CRAPIGE di i rE i � : � I • _ iN i • �,i L�AXI4I IX II]Y�U i rmrmk1901 lA7fAIRLi rff CIRCULATION DIAGRAM (NIMBI 9{•YQE41FKULADON 06*4 rtxsrrltenL*;wLmr i Page 26 1 11 E. Site Plan For Multi-Family Portion Of Development(date: 03/11/2024) VIMr ----• tr— - rrr I I r . LL OWL t Aw- km Vgtl �, --- Page 27 152 F. Landscape Plan for Multi-Family Portion of Development(date: 03/11/2024) • '�•'('�' ,�_ '. STREFT7REFCALCVEATION5�_7REU351FI x.w.x wr•r,r�w..xx...r •... .•.._. .._.. - G1Q S16i�10m[ iRS lL3�ItlY ORG Aw.a7wT .T,.SPdSiP .. TO(AL S RFFi REFS Ow _ ,poi � .� BUFFER TRE[CRLCLIIATIONS ITPEE�3S IE TOTAL B�FFERTREFSREM PdRI(ING CdLN1ATI0NS � 'Y-'•""'•• ••�•••• �v _ ;;i i�i TO AL P0.RpIG ISLAND TREES 'x ••r � • .. �y , ORIYFALIE TRE[CALCIMTIONS�ITPEF�3S IFS ``• •••• r• •4�-. _ _ _ __ T�_L ORrvF arsLF rRFEs -. � _ '.SFAC[TIIEE CALCIJLATM]16 �.' 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ISI�sl;�1= ��,■spa=�i�i� ■����� ;:1®III III��®III 111■1i■111 III���I No onMISSION i11�11 1� �■ •■ II■YY■II -• •■ II�11■II -■ IIl1 -• �1:1®111::Ili®�®III::Ii1■rY■111:_:Ili���ll:_I_III■u■ul1'53 11i1■11;:1l - Ia I :: 10 ■I �� In ■I'i: IN l l :: IN ■I is 1■ is TA01 1 �=1=1 -■� I■1I=1=Ii I LEFT ELEVATION 2—R'G—ff-mEvA-now ETRIZIGR FINISH LEGEND TEN MILE FRONT ELEVATION I �■e I■f e ■ =11�■�11==11�■�11==11�■�11= lei■iel--lei■iel--lei■�ei- TA01 1■=■1 �1■I■1�NMI1■=■11 1 1■=■1 �1■I■1� 1■=■1 FRONT ELEVATIONN EXTERIOR FINISH LEGEND 7EN MILE FRANKLIN Page 31 Fl 56] ee■ee■ II■■■11==11■■■11==11■■■11 11■■■11==11■■■11==11■■■11= =1e�■ie 1==1e�■ie 1==1e�■�e l le�■ie 1==1e�■�e 1==1e�■�e 1= � � QQ Q T Q T T TA 01- T 0 It .-04 4 1 —AJ�%Cuo��— i� �,.Eq CLURFICKISE-SIDE ELEVATION CLUBMI-t5E-FZ3NT ELEVATION 2 K-Y NOTES "R TEN MILE FRAMKLIN EXTERIOR FINISH LEGUID 3CLURRMISE REIN ELEVATION III= - ------------------ X - Ak"6, ID I CLURKME-SIDE ELEVATION DENFRAL NffrEs 5GLLIB SLOE ELEVATION PARTIAL SIDE ELEVATION AC5.0 60—'BFmusE TAM -------------- -——-------------- H TEN MILE FRANKLIN BERuIIIIIIIIIII ml.T lRompi-m-CLUMUSE as AC2.0 Page 32 157] TA0 ~'t� --E PrLNOIIM5ff11RA 77%CA......E SIDE EEEW[INII GARAGE FRONT ELEVATION-12 RAT bit, O O '3TPICAL UNAGE SIRE EIETARON GARAGE REAR ELEVATION-11 DAY TEN MILE& Fr;nxlcux fiARARE F ELEVATION-12 EAT A'ACCEMBLE EAT KEPIOTES f: .Y�.» IRE GAIIAGE RFAR EIEVARON-12 EAT NAOCESSI D E BAT saENUEIEEu - '!GARAGE FRIINT ELEVATION-d EAT N IEAm"NAIECE ... ,..�. _ AG5.0 GAME FRONT ELEVATION-R EAT N MAwEENAOCE Page 33 Fl 58 City/Agency Comments&Conditions IX. PLANNING DIVISION 1. Future development shall comply with the provisions in the existing Development Agreement(Inst. #2021-082775,H-2020-0046)and the conditions in this report. Preliminary Plat: 2. The final plat shall include the following revisions: a. All street buffers are required to be placed in a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association, as set forth in UDC 11-3B- 7C.2b.Required street buffers are a minimum of 20 feet wide along N. Wayfinder Avenue, a future collector street. Street buffers are measured from the back of sidewalk where attached sidewalks are provided and from the back of curb where detached sidewalks are provided per UDC 11-3B-7C.1 a. The Applicant shall depict the 20 foot buffer along Wayfinder Avenue in a common lot or as a permanent easement on the plat. b. The extension of N. Wayfinder Avenue on the east property boundary shall be included in the construction drawings for the first phase of development; or,may be included in a separate submittal to ACHD. *Replace S. Innovation lane with N. Wayfinder Avenue on the plat. c. Wayfinder Avenue shall be constructed to stub to the site's east property line. Construct a temporary cul-de-sac turnaround at the terminus of Wayfinder Avenue. The temporary cul-de- sac turnaround shall be paved with a minimum 50-foot turning radius. If the temporary turnaround extends onto a buildable lot,the entire lot shall be encumbered by an easement and identified on the plat as a non-buildable lot until the street is extended. Install a sign at the terminus of the stub street, stating, "THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE") shall d. The Applicant shall construct a temporary cul-de-sac turnaround at the terminus of Wayfinder Avenue with a minimum of a 50-foot paved turning radius per ACHD guidelines. e. Depict a minimum 12-foot wide sidewalk, street trees in wells,and pedestrian scale lighting along N.Wayfinder Avenue with street lights in the dry utilities' corridor on either side of the street consistent with Street Section E in the TMISAP(see pg. 3-23). £ A 5-foot wide dry-utilities corridor shall be provided along both sides of N. Wayfinder Avenue; both wet utilities may be located in the street. Streetlights shall be placed in the dry utilities corridor on either side of the street in accord with Street Section E in the TMISAP(pg. 3-23). g. Dry utilities shall be located at the back of the curb in the dry utilities corridor along S. Ten Mile Rd. and W.Franklin Rd. in accord with Street Sections A and B in the TMISAP(pg. 3-22). h. Remove Public Street B from the plat limiting the number of access points on a busy arterial street near the intersection per UDC 11-3A-3. i. Depict a cross-access easement on Lots 3—9,Block 3 for the right-in/right-out drive aisle on the plat. j. Lot 6,Block 3 shall take access from W.Fred Smith Street; direct lot access to S. Innovation (Wayfinder Avenue) shall be prohibited. k. Depict W. Fred Smith Street connecting from the east and construct Street C and Fred Smith Street as a 36-foot wide local commercial street sections with 2-travel lanes,parking on both Page 34 Fl-591 sides of the roadway,vertical curb, gutter, and bulb-outs at intersections and pedestrian crossings with an 8-foot planter strip and 10-foot wide multi-use pathways on both sides of the roadway on the plat. j. Depict the Irrigation District's easement for the Ten Mile Creek. k. Lot 4 and 5,Block 1 shall remain preserved for the future Civic portion of the site for future development of a multi-modal transit station, in accordance with DA provision 5.1d. 1. Lot 11, Block 3 shall remain preserved to relocate an ACHD pond and/or coordinate with the Meridian Parks Department to determine a future plan for the lot in accordance with DA provision 5.In. m. Lot 10, Block 3 shall remain preserved for the Ten Mile Creek and associated easement. n. Add a note to the plat requiring cross-access for all lots that do not have access to a public street. o. The Applicant shall construct the decorative crossings and the plaza areas as shown in Exhibit C, Section VIII with the commercial development. 3. The landscape plan included in Section VIII.0 shall be revised as follows: a. Street buffers at the required width are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association as set forth in UDC 11-3B-7C.2(see#2a above for required widths). b. Include a detail of the proposed fencing at the time of CZC submittal. c. Depict a minimum 5-foot wide detached sidewalk along S. Ten Mile Rd. in accord with UDC 11-3A-17A. d. Depict a micro-path from the plaza area between Street A and Street B to the sidewalk along Ten Mile Road for the future bus stop. e. Depict a minimum 12-foot wide sidewalk, street trees in wells, and pedestrian scale lighting along N. Wayfinder Avenue with street lights in the dry utilities corridor on either side of the street consistent with Street Section E in the TMISAP(see pg. 3-23). f. Depict 10-foot wide detached pathways along both sides of W. Fred Smith Street and Public Street C in accordance with ACHD's adopted Livable Street Performance Measures and UDC 11-3A-5. g. Enhance the street buffers along Ten Mile Road and Franklin Road to align with the TM Center Subdivision directly to the south and meet the guidelines outlined in the TMISAP. h. Enhance the landscaping around the Ten Mile Creek on Lot 10,Block 3 to create an attractive linear open space for the development. i. Construct the plaza areas with the commercial development consistent with the renderings in Exhibit C, Section VIII. 4. The subject property shall be subdivided prior to issuance of the first Certificate of Occupancy for the development as set forth in the Development Agreement(Inst. #2021-132704,provision#5.1d). 5. Submit an updated Geotechnical Engineering Report prior to or with the first final plat application. 6. The Applicant shall comply with ACHD's conditions of approval. Page 35 160 7. Construct half plus twelve feet of the fixture collector street(N.Wayfinder Avenue) from the south to the north along the southeast corner property boundary shall be constructed prior to or with the first phase of development in accord with the specifications noted herein. 8. A Certificate of Zoning Compliance and Design Review application shall be submitted for each structure(or group of structures if desired)and approved prior to submittal of application(s)for building permits. The plans submitted shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP) and the design standards in the Architectural Standards Manual(see the Application of Design Elements matrix on pg. 3-49 of the Plan)as required by the Development Agreement.The commercial portion of the development should incorporate similar design elements, colors and materials as the residential portion of the development. Conditional Use Permit: 9. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 10. Add a picnic area that includes tables,benches, and a structure for shade in one of the open space grassy areas to meet the requirements of UDC Code 11-4-3-27.1)for the site at the time of CZC submittal. 11. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 12. Comply with building code requirements for separation between structures within the development. 13. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the locations of the property management office,maintenance storage area, central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access),and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. 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. d. Add a picnic area that includes tables,benches, and a structure for shade in one of the open space grassy areas to meet the requirements of UDC Code 11-4-3-27.D for the site at the time of CZC submittal. g. 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 as set forth in UDC 11-4-3-27C.3. 13. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted for the multi-family development and approved prior to submittal of application(s) for building permits. The plans submitted shall substantially comply with those approved with this application and with any required modifications noted herein. The design of structures shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP) (see the Application of Design Elements matrix on pg. 3-49 of the Plan) and the design standards in the Architectural Standards Manual. One application may be submitted for the entire multi family development. Page 36 161 I. PUBLIC WORKS https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=344373&dbid=0&repo=MeridianCitX J. FIRE DEPARTMENT https:llweblink.meridianciV.ofglWebLinkIDocView.aspx?id=344378&dbid=0&repo=MeridianCitX K. POLICE DEPARTMENT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=344375&dbid=0&repo=MeridianCitX L. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=344632&dbid=0&repo=MeridianCity&cr =1 M. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridianciU.ofglWebLinkIDocView.aspx?id=346027&dbid=0&repo=MeridianCitX N. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.ofglWebLinkIDocView.aspx?id=346190&dbid=0&repo=MeridianCitX O. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciiy.orglWebLinkIDocView.aspx?id=345722&dbid=0&repo=MeridianCitX P. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=347726&dbid=0&repo=MeridianCitX Q. KUNA SCHOOL DISTRICT https:llweblink.meridianciV.ofglWebLinkIDocView.aspx?id=344407&dbid=0&repo=MeridianCitX R. VALLEY REGIONAL TRANSIT https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=345874&dbid=0&repo=MeridianCiU&cr =1 ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.org/WebLinkIDocView.aspx?id=348785&dbid=0&repo=MeridianCitX Page 37 Fl 62 IX. FINDINGS A. Preliminary Plat(UDC 11-611-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Staff finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section IX. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Stafffinds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; Staff finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. B. Conditional Use Permit(UDC 11-511-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 and C-C zoning districts (see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is consistent with the future land use map designations of MU-COM and Civic and is allowed as a conditional use in UDC Table 11-2B-2 in the R-40 and C-C zoning districts. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Page 38 F163] Staff finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties in the area. The Commission and Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. Staff finds that essential public services are available to this property and that the use should be adequately served by these facilities. Page 39 164 v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for The Bruery (H-2024-0013) by Ball Ventures Ahlquist (BVA), located at 1184 S. Silverstone Way Application Materials: https://bit.ly/H-2024-0013 A. Request: Conditional Use Permit to allow a drinking establishment occupying 1,829 sq. ft. within an existing 11,000 sq. ft. shell building in the Eagle View Retail East Building with 5,287 sq. ft. of fenced in outdoor patio area. 165 PUBLIC HEARING SIGN IN SHEET DATE : July 18, 2024 ITEM # ON AGENDA : 6 PROJECT NAME : The Bruery ( W2024 = 0013 ) 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 � I �ly , l� U � -30.t vy � � � � � � ����� � d c �M lDb E 2 � on Rk� 5�8 � 1N 6/ut%6 S 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 7/18/2024 Legend DATE: ElProject Location TO: Planning&Zoning Commission j' •' r _L FROM: Linda Ritter,Associate Planner 208-884-5533 SUBJECT: H-2024-0013 The Bruery- CUP e � LOCATION: 1184 S. Silverstone Way a� r I. PROJECT DESCRIPTION The applicant has applied for a conditional use permit(CUP)to allow a drinking establishment occupying 1,829 square feet within an existing 11,000 square foot shell building in the Eagle View Retail East Building with 5,287 square feet of fenced in outdoor patio area. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.06 acres Future Land Use Designation Mixed Use Regional(MU-RG) Existing Land Use(s) Existing commercial building Proposed Land Use(s) Drinking Establishment Neighborhood meeting date;#of April 22,2024—No attendees attendees: History(previous approvals) Ordinance#719(Annexation);H-2018-0126(Preliminary Plat; DA Inst.#2019-037825);H-2019-0005 FP-2019-0128;H- 2019-0081 (MDA DA Inst.#2019-088365);A-2019-0389 (CZC/DES) Page 1 166 B. Community Metrics Description Details Page Ada County Highway District See Staff Report Access(Arterial/Collectors/State Access will occur from S. Silverstone Way a commercial Hwy/Local)(Existing and Proposed) collector. Existing Road Network Yes Fire Service No comments submitted Police Service No comments submitted Wastewater • Distance to Sewer Existing sewer service Services • Sewer Shed Five Mile Trunkshed • WRRF Declining Balance 13.68 • Project Consistent with Yes WW Master Plan/Facility Plan • Comments • Flow is committed • No proposed changes to public sewer infrastructure within record.Any changes shall be reviewed and approved by Public Works. Water • Distance to Water Services Existing water service • Pressure Zone 4 • Water Quality No • Project Consistent with Yes Water Master Plan • Impacts/Concerns • No changes to public water infrastructure proposed Page 2 167 LegendL Legend UlProject • • • a^7 Project • • • j I k L Is 84 84 O R ERL�4�VD V _ ql 1 IN - . - Legend . . . Project Location —Planned Par els 84 _�� J 84 r` rn IN J i -n�lll- �/ �. �LIC'J ,�.,■ �� 1 Illlllllll�l� i... _ ■�tllllllllllllllll'" �^.9, III. APPLICANT INFORMATION A. Applicant: Elizabeth Allen—Ball Ventures Ahlquist, 1144 S. Silverstone Way, Suite 510,Meridian ID 83642 B. Owner: BVABC Eagle View Retail East Building, LLC— 1144 S Silverstone Way Ste 500, Meridian ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/2/2024 Radius notification mailed to 6/25/2024 properties within 300 feet Site Posting Date 6/20/2024 NextDoor posting 6/25/2024 V. COMPREHENSIVE PLAN(HTTPS✓/WWW.MERIDIANCITY.ORGICOMPPLAN): A. Future Land Use Map Designation(https:llwww.meridiancitE.or /g compplan) Mixed Use Regional-The purpose of this designation is to provide a mix of employment,retail, residential dwellings, and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Sample zoning includes: R-15,R-40, TN-C, C-G, and M-E The subject site is already zoned General Retail and Service Commercial District(C-G). The proposed use will be leasing approximately 1,829 sf within a 11,000-sf building in which the certificate ofzoning compliance and design review was reviewed and approved(A-2019-0385 as part of the Eagle View Retail Landing Complex. This complex was developed with office, medical, hotel, retail, outdoor recreational facilities, residential and now the proposed drinking establishment. The drinking establishment within the larger commercial complex is exactly the type of local neighborhood serving use envisioned by the Comprehensive Plan. Pathways connect this complex to the adjacent neighborhood for better integration. The proposed drinking establishment is a use determined to be appropriate in this zoning district, subject to the specific use standards listed in UDC 11-4-3-10(discussed in specific use standards below). Page 4 169 B. Comprehensive Plan Policies (https://www.meridiancity.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): • Create positive,vibrant, and accessible commercial activity centers within the community. (2.09.00) The proposed drinking establishment will be located within an existing building that is surrounded by commercial buildings and residential units. Pathways and sidewalks connect the drinking establishment to the adjacent businesses and neighborhoods. • Preserve private property rights and values by enforcing regulations that will prevent and mitigate against incompatible and detrimental neighboring uses. (3.05.01 C) The conditional use is a process to ensure any impacts associated with a particular use are mitigated. Based on the applicant's narrative, staff is recommending the operating hours of the establishment be limited to Monday through Thursday from 12PM to 9PM, Friday and Saturday from 12PM to IOPM and Sunday from 12PM to 8PM. To further reduce impacts on adjacent residential properties staff recommends a condition of approval that all outdoor seating and events associated with this use be limited to the 5,287 square feet fenced area. • Plan for an appropriate mix of land uses,connectivity, livability, and economic vitality. (3.06.02) As mentioned above, the applicant is proposing the hours of operations for the drinking establishment to be Monday through Thursday from 12PM to 9PM, Friday and Saturday from 12PM to IOPM and Sunday from 12PM to 8PM. Staff has no objection to the proposed hours as UDC 11-2B-3B allows businesses in the C-G zoning district to operate from 6AM to 11PM. This will be a condition of the CUP permit. The building and site design have already been approved through Certificate of Zoning Compliance (CZC)and Design Review(DES)A-2019-0389 and no additional outdoor improvements are proposed with this project other than fencing the outdoor seating area. • 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 site is located within Eagle View Landing Complex, a 73-acre mixed-use development that includes office, hospitality, medical, commercial, and residential uses. Some of the specific uses in the development include Top Golf, Hyatt Place, Houston Hot Chicken, Kiln, ICCU headquarters, and RockBox Fitness. The proposed use will enhance the area by providing additional service to support the live, shop, dine,play, and work. The proposed use includes a tasting room with indoor and outdoor seating, creating an enjoyable space to socialize within the existing mixed-use development. The proposed use is within walking distance of residential, hospitality, and office uses, which will reduce vehicle trips and enhance the overall livability and sustainability of the area. The retail component of the use includes bottles to-go and merchandise for purchase. • Require appropriate building design, and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods. (5.01.02D) Page 5 170 The Bruery will be operated within an existing retail building that has received CZC and DES approval(A-2019-0389)for its building design,parking lot improvements, and landscaping. A new CZC and DES were submitted and reviewed for the outdoor patio area. Staff has reviewed and will approve the CZC with the approval of the requested CUP. No changes to the existing building design or landscaping elements are proposed. VI. STAFF ANALYSIS A. Existing Structures/Site Improvements: The proposed business will be a tenant within the existing Eagle View Landing Retail Building and will occupy Suite 1. This building was approved in 2019 through CZC and DES A-2019- 0389. B. Proposed Use Analysis: The proposed use will be a drinking establishment with a leasing area of 1,829 square feet within an existing commercial building. The leasing area will consist of a tasting area, a private tasting area with barrel racks, a merchandise wall for retail, cold storage, dry storage/janitor, a men's restroom, and a women's restroom. Fencing is proposed along the northern side of the building that circles around the outdoor space. The fenced outdoor uncovered space is approximately 5,287 square feet in size. The drinking establishment will operate Monday through Thursday from 12PM to 9PM, Friday and Saturday from 12PM to IOPM and Sunday from 12PM to 8PM. The proposed use complies with the zoning for the site but is subject to specific use standards as listed in 11-4-3-10. C. Specific Use Standards(UDC 11-4-3): UDC 11-4-3-10 allows drinking establishments with several limitations. A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. B. If a drinking establishment or expansion of such use is located within three hundred (300)feet of a property used for a church or any other place of worship, or any public or private education institution, it may be allowed with the approval of the decision-making body set forth in Chapter 5 of this title. Not within three hundred(300)feet of a property used for a church or any other place of worship, or any public or private education institution. C. A drinking establishment shall not be located within one thousand(1,000)feet of an adult entertainment establishment, as defined in Chapter 1,Article A, "definitions,"of this title. 0 Not located within one thousand(1,000)feet of an adult entertainment establishment D. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3, Article E, "temporary use requirements'; of this title. • Property does not abut a residential district. E. At a minimum, one(1)parking space shall be provided for every two hundred fifty(250) square feet of gross floor area. Upon any change of use for an existing building or tenant Page 6 171 space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. • There is sufficient parking for the proposed drinking establishment. D. Dimensional Standards(UDC 11-2): This use will occupy a tenant space within an existing commercial building. The development was found to adhere to dimensional standards during the review of Certificate of Zoning Compliance and Design Review which was issued in 2019 (CZC, DESA-2019-0389). E. Access(UDC 11-3A-3, 11-3H-4): Access to this development is via S. Silverstone Way which was approved with the Rackham Subdivision (FP-2019-0128). F. Parking(UDC 11-3C): UDC 11-3C-5B requires one space for two hundred and fifty(250)square feet ofgross floor area. This amounts to seven (7)parking spaces for the 1,829 square feet tenant space and twenty- one(21)spaces for 5,287 square feet of outdoor seating area for a total of twenty-eight(28) parking spaces. One hundred and forty-eight(148)parking spaces for the entire building has already been approved per the Eagle View East Retail Building CZC. The UDC requires 2 bicycle parking spaces for the development; bicycle parking was approved with the CZC and constructed with the development. G. Sidewalks(UDC 11-3A-17) Detached sidewalks already exist along E. Flatiron Lane and adjacent to the building on S. Silverstone Way. There are sidewalks and pathways that connect to the nearby residential and commercial developments in the area. Parkways No parkways are proposed with this project. H. Landscaping(UDC 11-3B): There is an existing landscaping buffer along S. Silverstone Way and E. Flatiron Lane, which was installed with the development of the building and complex. Landscape islands have been installed for approved parking lot and installed for the outdoor plaza area. I. Fencing(UDC 11-3A-6, 11-3A-7): The applicant is proposing to install a four(4)foot iron rod fence for the enclosed outdoor seating area. J. Utilities All utilities for the proposed development are already in place. No additional services are needed. K. Building Elevations The building elevations were approved as part of the CZC, DESA-2019-0389 review in 2019. No exterior work other than installing the fence around the outdoor seating area is being proposed. The fence is being reviewed with CZCA-2024-0048. Page 7 172 VII. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions in Section VIII per the Findings in Section IX. Page 8 173 VIII. EXHIBITS A. Site Plan(3/15/24) 1w wn �z �g m w �w J Q I � aZ J a w F- 001-GZG Page 9 174 B. Approved Landscape Plan(CZC, DES A-2019-0389 11/1/19) .n D NunGEMEM .� ,' }'v v[a�uxt�r.EM Q � L-r �MM6 w. .elm XMr CL N s�� � ..M�-vim.•. ��1 TIIPSH RECEPTACLE(WITH SIDE—H URN) �16'BENCH �16'fiACIQESS REHCH Page 10 175 C. Approved Elevations(CZC,DES 2019-0389, 10/31/19) EAGLE VIEW LANDING A a I ❑ c A N SOUTH EAST RETAIL All uov� BA. Tug v� C Uzi cxauNo«�ss C E D G■p �o E Eo 9" �saml E�vAnoN �°a A E A I ❑ J E ❑ G A F H ��ii� g® =� s� n EAST ELEVATION �, 'j�j�'J' V vrae,.,E.r 9ArzReNa¢e B�Eu�� D E ❑ A B G i N G �m ■ [ uME sw Tora �� O a NaRTH EiEVAnaN O1 Page 11 176 D. Floor Plan(3/15/24) Q Q - — — — — ' ----------------r— wo az mg w�x ui w J uj U` W W 7 F w W a m w w a z z g a O d 002-CZC a Page 12 177 E. Site Photos (3/15/24) I AMOMIft f E s _ s wh f — 4 i i r OF Aerial of the Site for the Proposed Drinking Establishment Page 13 178 4 - _ �. ar Y� X _ F s } 1 Page 14 . �\ f��«£4L dm , — _ � �� � �# J� ��� � ` �� ����■ ��/ '\ , « . \ — «� § . , \ � - ��� \ � � \ �• y/� � � a�F Outdoor Area for Patio Seating MEN ly 1 z A, s LAA Parking Lot for the Building in which the Proposed Drinking Establishment will be Located Page 16 181 " r 1 nor y r sV � - 1 { Overview of the Eagle View Retail Parking Lot IX. CITY/AGENCY COMMENTS & CONDITIONS A. Planning 1. A Certificate of Zoning Compliance(A-2024-0048)for the installation of the proposed fence for the outdoor seating area has been reviewed and approved. 2. Applicant shall comply with all previous conditions associated with development of this site including Ordinance#719 (Annexation); H-2018-0126 (Preliminary Plat; DA Inst. #2019- 037825); H-2019-0005 FP-2019-0128; H-2019-0081 (MDA DA Inst. #2019-088365);A-2019- 0389 (CZC/DES). 3. Outdoor seating and events associated with the use shall be restricted to the 5,287 square foot fenced area shown on the site plan in section VII. Exhibit,Exhibit A. 4. As set forth in UDC 11-213-313,hours of operation shall be restricted to 6:00 a.m. to 11:00 p.m. 5. Parking requirements associated with the drinking establishment shall comply with the commercial parking standards: 1 per 250 square feet of gross floor area. 6. The Applicant shall comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. Page 17 182 7. The Applicant shall comply with the structure and site design standards as set forth in UDC 11- 3A-19. 8. Applicant shall comply with all specific use standards required for a drinking establishment,UDC 11-4-3-10. 9. Protect the existing landscaping on the site during construction,per UDC 11-313-10. 10. Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. 11. The Applicant shall have a maximum of two(2)years to commence the use as permitted in accord with the conditions of approval. If the use has not begun within two(2)years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B-6F. B. Public Works Site Specific Conditions of Approval 1. Owner has signed an agreement that allows removable fence inside the City Utility easement. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department. 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). Sewer/water easement varies depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement, 20-25 ft a 40 ft easement, and 25-30 ft a 45 ft easement. Ensure no permanent structures (trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches,light poles, etc.)are built within the utility easement. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement (marked EXHIBIT A)and an 81/2"x I I"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 Page 18 183 the development,and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 11. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The 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.meridianciiy.org//public_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 Page 19 184 Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Ada County Highway District(ACHD) 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way(including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of- way(including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3,the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Public Right-of-Way Accessibility Guidelines(PROWAG)requirements. The applicant's engineer should provide documentation of compliance to District Development Review staff for review. 4. Replace any existing damaged curb,gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 208-387-6280 (with file number)for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE(1-811-342-1585)at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits(spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 208-387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual,ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein.An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction,use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. Page 20 185 12. If the site plan or use should change in the future,ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time.Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. D. New York Irrigation District https://weblink.meridianciiy.orzlWebLinkIDocView.aspx?id=349866&dbid=0&repo=MeridianCity E. Kuna Schools https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=349956&dbid=0&repo=MeridianCib� F. Department of Environmental Quality(DEQ) https://weblink.meridianciN.oEgjEebLinkIDocView.aspx?id=352868&dbid=0&repo=MeridianCiU G. Nampa&Meridian Irrigation District(NMID) https://weblink.meridianciiy.orglWebLinkIDocView.aspx?id=353878&dbid=0&repo=MeridianCity X. FINDINGS A. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The use will be located within the Suite I tenant space of an existing 11,000 square foot shell building that has received Certificate of Zoning Compliance (CZC) and Administrative Design Review(DES)approval(A-2019-0389). The approved configuration with parking, landscaping, and multi-tenant building site has been completed and meets all City requirements.148 parking spaces have been provided to accommodate all uses of the building, exceeding the requirement of one(1)space for every five hundred(500)square feet of gross floor are a for commercial uses and one (1)space for every two hundred fifty(250)square feet of gross floor area for a drinking establishment use. The site meets all dimensional and development regulations in the C-G zoning district. The site is already developed with adequate landscape buffers, setbacks, and parking. Stafffinds 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. The Comprehensive Plan identifies this area for Mixed Use Regional. Providing a mix of employment, retail, residential dwellings, and public uses near major arterial intersections. Integrating a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. A drinking establishment within the commercial development with outdoor seating is the type of commercial use envisioned by the Plan. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Page 21 186 The design of the Eagle View Landing Retail Center was approved in 2019 by CZC and DES A- 2019-0389 and the proposed use is one of the tenants proposing to lease within the center. Hours will be limited to 12PMto and 9PMMonday through Thursday, 12PMto and IOPMFriday and Saturday, and Sunday 12PM to and 8PM on Sunday. The use 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. As mentioned, conditions to reduce impacts include limiting the hours of operation and the amount of area outdoor activities can occur. The proposed use will not adversely affect other property in the vicinity. It will be located within an existing building with indoor and outdoor patio seating on the north side. The north side is buffered from the residential to the south by a road and the southern portion of the building. The outdoor patio seating will be fenced. 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. The proposed use will be served adequately by all public facilities and services as the use is within an existing building. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Stafffinds the proposed use should not create any additional costs for public facilities and services as it is within an existing building. The proposed use 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. This proposed drinking establishment will share tenant space within an existing commercial building.Hours of operation will be limited and staff recommends that any outdoor activities be restricted to the fenced area. The proposed use will be located in an area intended to integrate a variety of uses together, including residential, and to avoid predominantly single use developments. The use is appropriate in this location. 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 on this site; thus, staff finds the proposed use will not result in damage of any such features. Page 22 187 E IDIAN;--- Applicant Presentation The Bruery Presentation by Elizabeth Allen, Ahlquist DevelopmentJuly 18, 2024–Meridian Planning and Zoning Commission Drinking EstablishmentSpecial Use Permit for a “Like Nothing You’ve Ever Tasted Before” Thank you! W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Firenze Plaza (H-2024-0007) by Aaron Zuzack, Browman Development Company, Inc., located at 3182 E. Mount Etna Dr. Application Materials: https://bit.ly/H-2024-0007 A. Request: Modified Development Agreement to modify the existing development agreement (DA) (Inst.#2017-041827) to include new owner's information and revised concept plan for the four (4) commercial lots north of E. Mount Etna Dr. B. Request: Conditional Use Permit for a 3,320 sq. ft. bank with a drive-through for an automatic teller machine (ATM). 1811 PUBLIC HEARING SIGN IN SHEET DATE : July 18, 2024 ITEM # ON AGENDA : 7 PROJECT NAME : Firenza Plaza ( W2024 - 0007 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name .70 I g 2 z � c� Fc, r , C) 5�9'r � a Na 3 0� V 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 7/18/2024 Legend DATE: R Project Location 1 f TO: Planning&Zoning Commission ' ' FROM: Linda Ritter,Associate Planner 208-884-5533 SUBJECT: H-2024-0007 Firenze Plaza—MDA CUP ; LOCATION: 3182 E Mount Etna Drive in the SE 1/4 of the SE 1/4 Section 29,Township 3N., - Range 1 E. I. PROJECT DESCRIPTION Modification to the existing Development Agreement(DA) (Inst. #2017-041827)to include new owners' information and revised concept plans for the four(4)commercial lots north of E.Mount Etna Drive. A Conditional Use Permit is being requested for a 3,320 square foot bank with drive- through for an automatic teller machine(ATM). II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 1.933 acres Future Land Use Designation Mixed-Use Community(MU-C) Existing Land Use Commercial Proposed Land Use(s) Commercial Current Zoning Community Business District(C-C) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 12/12/2023 attendees: History(previous approvals) AZ,CPAM,PP(H-2016-0102);DA Instr.#2017-041827;FP(2019-0067) Page 1 189 1 1 I 1 nnllilrr�d=�s� r: •i.�... ;; I{IIIIIIIIIIIO+III■ IIIgIr� ,�f�r�f���r�� - i � . - Legend Legend V Project Location Project Location NOMINEE _uu1�unnnm�i ■�. 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Legend q+�p qA■Milli � � � ■��■{■fl III � I ���■{■fl III Project Location •* y�,� ■�Ll�fl * l R�Lgflfl 111 iI► _. ���'` ■III w�� , „vim'`�11111 Project Location III■II iflfll■ IIIIIIr� �r�����C 1��' I'/� �r�`���Wi..c i11n11 IIIIIIIIIIq.'di'1_w■I -- 11111 Planned City Limit IIIIII:� *w■L, MTV--"'T- !1_L' u� uuu'uuu nn nn�-11■1111 i�L■■\ � � illu. •• - 1111 C, ��1■�■\ � LIII{ mmhi,�� __nn nlr. �rm■■y III n■- �Imm■■y �I� ii oil = mot uu uu p�J 111� anon mi uu�- -� m mm.nnn wyr_ i_■uuunl,W:�i�Innlr/��y��:111 mi :� 0 111111111111 :■r I, .t� ��-r■ ......111r um-,1 •I��j�i•�N n1��f1111i Illrllllllll'�J.7�,�1 II�frG7ef7R7L7L7C7C]:� �'Je yr�f lam �r mil,■_ Ili y •lam ro nln;.: I 11111i � 111P /y I� ��I'11111i � 7 w 111P•• �•Vi iiiiii r■` _ �° - ■=��piVtii iinii ■■`s`��°[s �" —III �� _=�.; III►� �y ` SH71724 zz -AMITY -�- F�'�in1 1. —AMITY .�+- _- ■■■11 ilYll■■■ 1; JIB_ �. 'i ��■■■■■■■■■ •- - rlrINI •, •, i11111111111111111P=_ llllllllll-j Ill�hll I IImo�-- �_IIIIIIIIIIIII =i_tiiiu iiw ■■ , rlr - -�auw -IIIIIrIr� - �-pp IIIIIrIr� +Illllllrl . ■--�Illllun �I-� 'llll►�1 IIIIII,Inl��� 11 IIIr{ 111111111111,I�IrI� 1111 111111 � ���1 i� 1111 M���q IIIII■1����y111� 1111111111�Ipu111 1111��+ Iry1� 1111 � r� �y1■111:��+wllby.��i.,'� e-.__: :m+ .,ar+;ice •1 III. APPLICANT INFORMATION A. Applicant: Aaron Zuzack,Browman Development Company, Inc. — 1556 Parkside Drive,Walnut Creek, CA 94596 B. Owner: Same as Applicant C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 07/02/2024 Radius notification mailed to properties within 500 feet 6/25/2024 Public hearing notice sign posted 7/8/2024 on site Nextdoor posting 6/25/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) This property is designated Mixed Use Community on the Future Land Use Map(FLUM). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood areas,but not as large as in Mixed Use—Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Sample zoning include: R-15,R-40,TN-R, C-C and L-O. No changes to the FLUM designation or zoning is proposed with this application. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) Existing city water and sewer service are available at this location. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Page 3 1 1 1 A bank with a automatic teller machine and retail building does not conflict with the existing land uses in the area. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) With development a twenty-five (25)foot landscaped street buffer will be required along the northern property line to buffer the commercial property from the residential zoning district in accord with UDC 11-3B-9 standards. Staff is also requiring a six (6)foot privacy fence be placed along the northern boundary adjacent to the residential property. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 25 foot wide landscape buffer and fence will be required to be provided with development along the property boundaries adjacent to the residential property. Landscaping along S. Eagle Road was installed with the development of the the plat. The developer will be required to protect the existing landscaping during development of the properties. Landscaping shall be installed per UDC Table 11-2B-3 and 11-3B-9. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads,and promoting local and collector street connectivity." (6.01.02B) Access to the property is via E. Mount Etna Drive, a local road. There is no direct access to S. Eagle Road from the property. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and sidewalk was constructed with the development of the Firenze Plaza subdivision (FP-2019-0067). Hook-up to City water and sewer service was a requirement of the approved plat. • "Support beautiful and high quality development that reinforces neighborhood character and sustainability."(5.01.02) The design of the building fits in with the surrounding area and neighborhood character. Staff reviewed and approved the design of the building proposed for Chase Bank to be located on the parcel addressed as 3182 N. Mount Etna Drive. VI. STAFF ANALYSIS The applicant is requesting a Conditional Use Permit and modification of the existing Development Agreement to reflect the change in ownership and change the layout of the parcels to include a bank with a drive through ATM and a retail tenant building with or without a drive through use. Instead of the property lay out with 4 buildings comprising of 20,000 square feet,the applicant is proposing two buildings (3,320 square foot bank with drive through ATM and a 4,900 square foot multi-tenant commercial building with a drive-through or a 7,600 square foot multi-tenant commercial building without a drive through). A maximum total of 11,000 square feet of retail/commercial uses which is a reduction of more than 9,000 square feet of allowable buildable area. A Conditional Use Permit is require Page 4 192 for the ATM drive through. All uses shall be required to meet the UDC standards for the C-C zoning district. The proposed bank ATM drive through is subject to the following Specific Use Standards(UDC 11-4-3- 11)—Drive-Through Establishment: (Staff analysis in italics) A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area,pick up windows, and exit lanes)is: 1. Not within three hundred three hundred(300) feet of another drive-through facility, a residential district, or an existing residence: or 2. Separated by an arterial street from any other drive-through facility,residential district or existing residence; or 3. Not within the O-T zoning district. Otherwise a conditional use permit is required. B. All establishments providing drive-through service shall identify the stacking lane,menu and speaker location(if applicable), and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the O-T zoning district. The site plan shown is Exhibits B provide the location of the stacking lane for the proposed ATM. Speakers and menu boards are not being proposed. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties.At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. 3. The stacking lane shall not be located within ten(10)feet of any residential district or existing residence. 4. Any stacking lane greater than one hundred 100 feet in length shall provide for an escape lane. 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive through is visible from S. Eagle Road. D. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. Dimensional Standards(UDC L1-2): The proposal would meet the dimensional standards for setbacks, landscape buffers,parking and height requirements. Staff ,finds the proposed bank with an ATM drive through if approved at this location would be compatible with the existing surroundings and integrate into the community. Hours of Operations(UDC 11-213-313): The UDC(11-2B-3B) limits business hours of operation in the C-C zoning district from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district; extended hours may be Page 5 193 requested through a CUP. These restrictions apply to all business operations occurring outside an enclosed structure, including,but not limited to,customer or client visits,trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure,including,but not limited to,cleaning,bookkeeping, and after hours work by a limited number of employees. The bank hours are within the required operating hours; however, the drive-through and walk-up ATM will be available twenty-four(24) hours/seven (7)days a weeks. Self-Service Uses(UDC 11-3A-16) Any unattended, self-service uses, including,but not limited to,laundromats, automatic teller machines(ATMs),vehicle washing facilities,fuel sales facilities, and storage facilities, shall comply with the following requirements. The Meridian Police Chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided. A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. C. Landscape shrubbery shall be limited to no more than three(3)feet in height between entrances and financial transaction areas and the public street. Staff ,finds the proposed bank with an ATM drive through if approved at this location meets the above requirements. Access(UDC 11-3A-3,11-3H-4)• Access to the site is from E.Mt. Etna Drive via S. Eagle Road. There is no direct access to the property from S. Eagle Road. The applicant is requesting to relocate the entrance to the property further west. ACHD has approved the applicant's request to relocatate the existing entrance to the property. However;staff is not in support of this proposal as the improvements have been installed and it interfers with the cross access that was approved with the recorded plat. Utilites have already been installed and would need to be relocated. Staff recommends the concept plan be revised to keep the access in its current location. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required for every 500 square feet(sf.) ofgross floor area of the office space. Based on 3,182 sf., a minimum of six(6)parking spaces is required. A total of thirty-two (32)parking spaces are proposed, exceeding UDC the minimum standards. A minimum of one(1) bicycle parking space is required for every 25 vehicle parking spaces per UDC 11-3C-6G. Based on thrity-two (32) vehicle parking spaces, a minimum of two (2) bicycle parking spaces is required.A bicycle rack has been depicted on the landscape plan. Sidewalks(UDC 11-3A-17): Sidewalks were installed with the approved Firenze Plaza subdivision along Eagle Road and E. Mt. Etna Drive. The applicant is proposing to relocated the entrance further west on E. Mt. Etna Drive. Landscaping(UDC 11_3B): There is an existing twenty-five (25)foot landscape buffer with a ten (10)foot detached sidewalk along N. Eagle Road an arterial street. The applicant is proposing a sixteen (16)foot landscape Page 6 194 buffer along E.Mt. Etna Drive with a five (5)foot detached sidewalk when they relocate the entrance to the property further to the west. The applicant is also proposing a twenty-five (25) foot landscape buffer along the west property line as a buffer to the residential uses with a seven (7)foot sidewalk. Landscaping shall be installed per the standards listed in UDC 11-3B-7, UDC 11-3B-8 and UDC 11-3B-9C. The applicant shall protect the existing landscaping during construction. Fencing(UDC 11-3A-6,11-3A-7)• The applicant is proposing a privacy fence along the boundary to the west and north of the properties. The fence shall meet the requirements of UDC 11-3A-7. Outdoor Lighting(UDC 11-3A-111 All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11 C. 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 I in UDC 11-3A-11C. Utilities(UDC 11-3A-21): Water and sewer services were installed with the development of the Firenze Plaza subdivision. Any stubs not used should be abandoned per City requirements. Location of water meter should not be in a drive or walking path and should be in a landscaping area. The City requires twenty (20)feet easements for mains, hydrant laterals and water services. Easements should extend up to the end of main/hydrant/water meter and ten (10)feet beyond it. Current water stub easement does not meet City's current standards and should be updated.No trees or permeant structures are allowed in utility easements. Structure and Design Standards (UDC 11-3A-19 I Architectural Standards Manual): Building elevations were submitted for the proposed Chase Bank as shown in Section VIII(F). Building materials consist of smooth face CMUpanels, glass, and fiber cement. Staff has reviewed the design which complies with the design standards in the Architectural Standards Manual(ASM). Upon approval of the Conditonal Use Permit approval of the Design Review shall be issued. Conceptual design was submitted for the retail building aspart of the Development Agreement Modification. Final plans will be submitted for review and approval prior to building permit submittal. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The Applicant is requesting a modification to the existing Development Agreement Inst. #2017- 041827 to update the owner's information and revise the concept plan, elevations, site and landscape plans north of Mt. Edna Drive to reduce the commercial square footage from 20,000 square feet to 11,000 square feet, a reduction of 9,000 square feet. The applicant submitted two concept plans with the DA modification. The concurrent CUP is only approving the drive-through on the southern portion of the development for the proposed bank. Staff is not in support of another drive-through on the northern property and therefore does not support Concept Plan A. The applicant has provide a legal description for the boundary of the new DA. Staff recommends the following DA provison be included in the new DA: Page 7 195 1. Revision of the concept plan to show the entrance to the property at its current location. 2. Eliminate the concept plan showing the drive through on the northern property. EXISTING SITE PHOTOS Ak Page 8 F1 VII. DECISION A. Staff: Approval. Staff recommends approval of the proposed modification to the Development Agreement and Conditional Use Permit per the DA provisions and conditions in Sections IX and the Findings in Section X. Page 9 F1 VIII. EXHIBITS A. Existing Site Plan (5/26/2016) pffEWf �� - Fd PIBIIIgll7k]'Plot-AIL CHIT Cflf9&OMW COn11 Mill$00 Pirm E arX�M o [ u w ,,I d V� PP1.02 B. Proposed Conditional Use Permit Site Plan (4/18/2024) MAO 1 IN S m site PW —� — — r O 'I� U C1.00 Page 10 F1 C. Proposed DA Modification Site Plan A and B (4/18/2024) WTNE LAND NOT APPROVEDoup . .. ....... E E Fft. 7 C1.00 m THE LAND mup ---------- E E E cc c� o rz o L C2.00 Page 11 199 1 D. New DA Legal Description LEGAL DESCRIPTION ►A0a2 T HE Exhibit"A" LAND GRDUP March 4,2C24 Project No..123141 DEVELOPMENT AGREEMENT MODIFICATION FIRST MERIDIAN LP An area of land being Lots 3.,2,3&4,Block 2 of Firenze Plaza Subdivision,as same is shown in the official plat thereon,recorded in Book 124,Page 19867,Ada County records,located in the Southeast one quarter of the Southeast one quarter of Section 29,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: COM ME KING at the South One Sixteenth comer of said Section 29,(from which point the Southeast corner of said Section 29,bears South 00'37'07'west,1121.29 feet distant);thence North 89'39'52"West,49.01)feet,to a point on the westerly right of way line of South Eagle Road;thence on said westerly right of way line,South 00'37 Q7'west,210.27 feet,to a point common to the northeast corner of said Lot 4,Block 2 and the northeasterly corner of said Firenze Plaza Subdivision AND the POINT OF BEGINNING: Thence continuing of said westerly right of way line,South 00"17'07"West,7.76 feet; Thence South 04'22'S7"west,144.71 feet; Thence South 00'37 07"west,81.76 feet; Thence South 51'56'30"west,34.58 feet; Thence South 00'37 07"west,19.09 feet; Thence North 89'22'53'west,5.00 feet; Thence South 00'37'07"west,1.00 feet,to a point common with the northerly right of way line of East Mount Etna Drive; Thence on said northerly right of way line,North 99'22'53"west,273.80 feet; Thence leaving said northerly right of way line,North 00°37'07"East,274.02 feet; Thence South 89°40'14"Fast,316.30 feet,to the POINT OF BEGINNING_ The above-described area of land contains 1.913 acres(84,225 Ft'),more or less. PREPARED BY: LLA The Land Group,Inr. pTt`f' Michael Femenia,PLS 0 b3 L ZU2# 462 East Shore Drive.Suite 1DO.Eagle.Idaho 93816 200.939.4941 thelandgroupina."FM Page 12 F 00 D.A. Modification for First Meridian LP Situate in a portion of the SE 1r4 of the SE 1'4 of Seetioe 29, Township 3 Harth,Range 1 East,Boise Meridian,Clay of Meridian, Ada County,Idaho 2024 L1 1 I 811613011 SEC 29 I� ABS IM LE I � � G f APN'1 ?M9355 POP S89'417'14"E 316.38' _ _ I 4��NL LA � 50"N7'YY 7.78' f DAM6Q r zs 1.933 Acres± a I Line Table SI I LINE BEARING LENGTH I I � Ll '293�1srw 49.0 II I Q 2 � I � L2 561'5630w 34�9• o tr� r L3 50T370J�Y 1B.J9' II by L4 W225M aw _ LS S00'3T m 1AP 789-22'53'W 273.0 L4 E. ]Mount Etna Dr, 504"37'07'W 69_G6' fL1N— R-W— R+W I 5E COR SEC 29 a r Exhibit "'B" L � Hor�larltal Scale:1'=3G' Peo�SclN�:123}43 � � rJxts c!Issua¢c:k+.ari�.2C�a THE Development Agreement Modification LARD First Meridian LP s3� MW Firenze 2 Page 13 201 E. Existing DA Concept Landscape Plan (10/12/2016) I 1 I � I I I 1 � — I I — 1 i --i---------------------------= 3. PrelBe oq Plal-iR E4w 00ve d OPAsU Landscape Plan I.WEaYa rwM,e� �. I�aP.iWYaw: El ,.._...-..__,..... !PLAN[5CHEPEILE W,��..........�.. ��� - ..w,,,.....,,..._.. :off=wn...__ •� �� LP1.OE F. Perimeter Fence Detail (6/27/2024) Fireawe Plan Phase z NW Eagle A Mnant Etr,Dw, Fence oetags wn�wigos�Ea vMCEAu wwaw aaenneosopwm � eoaeoe III Ill.l au01vi'�oarea __ ao.,o.,00..ew. III � � III ourt+n r�.¢wss VI VI 1 1 PERIMETER FENCE ELEVATION PERIMETER FENCE PLAN DETAIL Ass Page 14 F 02 G. Proposed Conditional Use Permit Landscape Plan (3/01/2024) nnm saEouE__ _ — lMel Nvha s _.v_ � �eE q-� is 0 if $ L2'00 Page 15 F 03 H. Building Elevations Concept A (l1/30/2023) 134 Er -------- Puoeld L Building Elevations Concept B (3/06/2024) = wj J ® .µ. WEST ELEVATION, NORTH ELEVATION SOUTH ELEVATION • --- :c %e _ o X EASY ELEVA710N LL � � � � ■ min EXTERIOR FINISHES Page 17 F205] IX. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. Development Agreement Modification Fifteen(15) days prior to the City Council hearing,the applicant shall provide the revised concept plan that shows the property access in the existing location. 1.1 The new DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council approval of the Findings. The DA shall,at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the Concept Plan B and conceptual building elevations included in Section VIII and the provisions contained herein. 2. Conditonal Use Permit 2.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-11 —Drive- Through Establishment. 2.2 The Applicant shall comply with the specific use standards listed in UDC 11-3A-16—Self- Service Uses. 2.3 Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. Lighting details shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards. 2.4 The applicant shall install the privacy fence as shown on the approved site and landscape plans that is adjacent to the residential parcel to mitigate noise and glare from headlights of vehicles utilizing the proposed drive-through per UDC 11-3A-7. 2.5 Protect the existing landscaping on the site during construction,per UDC 11-3B-10. 2.6 The facility hours of public operation shall be limited to 6:00 a.m.to 11:00 p.m. because the property abuts a residential zoning district per UDC 11-2B-3B. 2.7 Prior to building permit submittal,the Applicant shall obtain Certificate of Zoning Compliance(CZC) and Design Review approval. 2.8 The site and landscape plans submitted with the Certificate of Zoning Compliance application shall depict the following: a. The access to the property in it's current location. 2.8 The conditional use permit is valid for a maximum period of two (2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested asset forth in UDC 11-5B-6F. B. PUBLIC WORKS https:llweblink.meridianciU.org_1WebLink/Doc View.aspx?id=349838&dbid=0&repo=MeridianC Lty Page 18 F 06 C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=354401&dbid=0&repo=MeridianC Lty D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:l/weblink.meridiancity.ory. WebLink/Doc View.aspx?id=352867&dbid=0&repo=Meridian C hty E. BOISE PROJECT BOARD OF CONTROL(ITD) https://weblink.meridiancity.org/WebLink/DocView.asp x?id=352034&dbid=0&repo=MeridianC hty F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.orgIWebLink/DocView.aspx?id=353876&dbid=0&re2o=MeridianC hty G. KUNA SCHOOLS https://weblink.meridiancity.org/WebLink/DocView.aspx?id=349955&dbid=0&repo=MeridianC hty 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 use (Le drive-through establishment)and can meets all of the dimensional and development regulations of the C-C zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Stafffinds theproposed use (i.e. drive-through establishment) will be harmonious with the Meridian Comprehensive Plan. 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 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 (i.e. drive-through establishment) will not adversely change the essential character of the same area with the addition of a 25 foot landscape buffer and the addition of a privacy fence or wall. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Page 19 F 07 Staff finds that the proposed use (i.e. drive-through establishment) 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 can be served by essential public facilities and services as required, the proposed use (i.e. drive-through establishment) will not have an impact to the provision of services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Stafffinds the proposed use (i.e. drive-through establishment)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. Stafffinds the proposed use (i.e. drive-through establishment), 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. 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 (i.e. drive-through establishment)will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 20 F 08 E IDIAN;--- Applicant Presentation FIRENZE PHASE 2 JULY 18, 2024PLANNING & ZONING COMMISSION V Vicinity Map AP M ICINITY F C -16 acres (40%) = C8-24 acres (60%) = RProperty = 40 Acres Zoning LAZA P IRENZE F Master Plan LAZA P IRENZE F C -16 acres (40%) = C8-24 acres (60%) = RProperty = 40 Acres Existing Conditions LAZA P IRENZE F 2 acres (12.5%)14 acres (87.5%)-C Existing Conditions LAZA P IRENZE F Approved Preliminary Plat LAZA P IRENZE F Final Plat LAZA P IRENZE F Residential Concept Plan LAZA P IRENZE F LAZA P IRENZE CUP Plan ACHD approval letter dated March 29, 2024 DA Modification PlansSite Plan BSite Plan A THANK YOU