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HomeMy WebLinkAboutMeridian OZ H-2024-0002 Findings CITY OF MERIDIAN V IDIAN;--- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for a modification to a conditional use permit for Meridian Oz, Located at 1475 E.Franklin Road in the R-40 Zoning District,by Pivot North Design. Case No(s).MCU-2024-0002 For the Planning& Zoning Commission Hearing Date of: September 19th,2024 and October 3rd, 2024 (Findings on October 17th,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of 10/03/2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of 10/03/2024,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 10/03/2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of 10/17/2024, 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 § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 1 97 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of 10/03/2024,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 § 11- 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 a modification to a conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of 10/03/2024, 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 11-5B-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 § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of 10/03/2024 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 2 F981 By action of the Planning&Zoning Commission at its regular meeting held on the 17th day of October ,2024. COMMISSIONER MARIA LORCHER, CHAIRMAN VOTED COMMISSIONER JARED SMITH,VICE CHAIRMAN VOTED COMMISSIONER BRIAN GARRETT VOTED COMMISSIONER ANDREW SEAL VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MATTHEW SANDOVAL VOTED COMMISSIONER SAM RUST VOTED Maria Lorcher, Chairman 10-17-2024 Attest: Chris Johnson, City Clerk 10-17-2024 Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 10-17-2024 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 3 F991 Exhibit A COMMUNITY DEVELOPMENT C��fEFIDIAN*,­ DEPARTMENT REPORT A H O HEARING 10/3/2024 Legend DATE: _ _-- Project Location m TO: Planning&Zoning Commission ::: Area of impact --LJL1J'L1L = City Limits FROM: Nick Napoli,Associate Planner 0 Analysis 7�0 m nnapoli@meridiancity.org APPLICANT: Danielle Stehman SUBJECT: MCU-2024-0002 - ri Meridian Oz ' LOCATION: 1475 E. Franklin Rd.,in the NE 1/4 of Section 18,T.3N.,R.IE. (Parcel r -- #S1118110051) PROJECT OVERVIEW Summary Modification to the existing Conditional Use Permit(MCU)to amend bedroom counts,building elevations, and site design for a multi-family development consisting of 36 dwelling units on 2.39 acres of land in the R-40 zoning district. Recommendation Staff. Approval with conditions Decision Commission: Approved. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 4 11001 COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Vacant/undeveloped land - Use(s) Proposed Land Multi-family development - Use(s) Existing/Proposed R-40 Zoning Future Land Use Mixed Use—Community 0 Designation (MU-C) Table 2: Process Facts Description Details Preapplication Tuesday,May 7,2024 Meeting date Neighborhood 5/30/2024 Meeting Site posting date 9/6/2024 Table 3: Community Metrics Agency/ Description/Issue Reference Element Ada County 0 Highway District Comments Received Yes - Commission Action Required No _ - Access Access is proposed via S. - Locust Grove Rd.,an arterial street,at the eastern boundary of the site;no access is proposed via E. Franklin Rd.,an arterial street,at the northern boundary of the site. Traffic Level of Service Franklin Rd.&Locust - Grove Rd.—Better than"E" (acceptable level of service is"E") ITD No - Comments Received Meridian Fire Response Time: Less than 5 - minutes Meridian Distance to Station: 0.6 - Police mile;Response Time:2:58 minutes Meridian Distance to Mainline: Public Works Available at site;Impacts or Wastewater L Concerns:No CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 5 Floll Meridian Distance to Mainline: 0 Public Works Available at site;Impacts or Water Concerns:No See City/Agency Comments and Conditions Section for all department/agency comments received or see public record. (https://weblink.meridiancity.org/WebLink/DocView.aspx?id=311186&dbid=0&repo=MeridianCity&cr= 1) CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 6 [102] III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) General Overview The applicant is requesting a modification to an approved conditional use permit to redesign the site, elevations, and modify the bedroom count. The original CUP was approved with 36 units and all of them being 2-bedrooms. The applicant has decided to change the bedroom count to 18 1-bedroom and 18 2-bedroom units. Additionally, the site was redesigned to reduce the building count from 8 to 3 buildings. The original plan shows 8 garden style apartment buildings while the new plan is 3 climate-controlled apartment buildings. The proposed use and density of the development is consistent with the Mixed-Use Community(MU-C) FLUM designation. Table 4: Proiect Overview Description Details History AZ-99-005 (Development Agreement(Inst.#99121334; Ord. 848—Cobblestone Village);CUP-99-005 Cobblestone Village(expired);ROS#13695 (not approved by the City);H-2022-0073(Meridian OZ Apartments MDA&CUP—denied);H-2023-0048 (Meridian OZ Apartments CUP—Approved) Phasing Plan 1 Phase Residential Units 36 multi-family units Open Space 0.34 acre(or 14,837 s.f.) Amenities Covered picnic area,children's play structure,pedestrian walkway,dog park with waste station,enclosed bicycle storage,community garden and exercise facilities. Physical Features The Cook Lateral runs along S.Locust Grove Rd. on this site. Acreage 2.39 acres Lots N/A Density 15 units/acre(gross) History and Process The first MDA&CUP application(H-2022-0073 Meridian OZ Apartments) for a 60-unit multi- family development,with a density of 25 units per acre,was denied by City Council. The denial was based on the density not aligning with the existing DA and the proposed sole access via Locust Grove presenting significant traffic safety concerns with the number of units proposed only using the one access. The Council stated actions to gain approval could include reducing the number of units to be more consistent with that contemplated in the existing DA and better ingress/egress for the site. The previous CUP was approved for a 36-unit multi-family development at a density of 15 units/acre. Site Development and Use Analysis Proposed Use Analysis (UDC 11-2): The previous CUP was approved for a multi-family development consisting of 36 dwelling units in eight(8)3-story structures on 2.39 acres of land in the R-40 zoning district. All of the units were proposed to have 2 bedrooms each. The gross density for the development is 15 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 7 [103] units/acre consistent with that approved in the existing development agreement and with the guidelines in the Comprehensive Plan for MU-C designated areas. The proposed use is consistent with the previous approval;however,they have shifted to have 3 climate-controlled apartment buildings consisting of 12 units each. Staff has some concerns about the orientation of the building entrances as they are not visible from the drive aisle. This can cause safety issues and make it difficult for emergency services to monitor the area. Staff recommends Buildings 1 and 2 are reoriented to provide better visibility of the entrances or pedestrian lighting is provided to add additional visibility. Staff has reviewed these provisions and included comments below and conditions of approval in Section IX. 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-6 for the R-40 zoning district. The proposed development appears to comply with the dimensional standards of the district. Specific Use Standards (UDC 11-4-3): 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 proposed buildings shown on the site plan shall comply with this standard. However,in discussion with our building department, 10 feet of separation is required between carports and the building. Building#3 appears to be 5 feet from the carport on the south side of the building which requires this building to be shifted to the north five additional feet to meet building code requirements. The changes should be reflected on the site plan submitted with the certificate of zoning compliance application. 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 a trash enclosure within the perimeter buffer at the Southeast corner of the site and another trash enclosure at the Northeast portion of the site. Neither of which are visible from the public street due to landscaping screening the enclosures. 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, entryways and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standards 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 I 1-513-5 of this title. The Applicant states each patio will be roughly 80 square feet. Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 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. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall comply with this requirement. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 8 [104] 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. Design Standards Analysis Qualified Open Space&Amenities (Comp Plan, UDC 11-3G): Goals 2.02.00 and 2.02.01B of the Comprehensive Plan focus on creating safe, attractive, and well-maintained neighborhoods with ample open space, diverse amenities, and alignment with community needs and values. For multi-family developments,there are specific open space and amenity requirements to support these goals. Open Space Requirements: 1. Baseline Requirement: For multi-family developments of five acres or more,the total baseline common open space must equal or exceed 10%of the gross land area. Since the proposed site is 2.39 acres,this baseline requirement does not apply. 2. Additional Open Space Standards (UDC 11-4-3-27C.5): o Units<500 sq. ft.: 150 sq. ft.per unit(not applicable here). o Units>500 sq. ft. and< 1,200 sq. ft.: 250 sq. ft.per unit. All 36 units fall within this range. o Units> 1,200 sq. ft.: 350 sq. ft.per unit(not applicable here). Given that all units are between 832 sq. ft. and 1,073 sq. ft.,the total required open space is 36 units X 250 sq. ft. =9,000 sq. ft. (or 0.21 acres). 3. Common Grassy Area: Multi-family projects with over 20 units must provide at least one common grassy area of 5,000 sq. ft. to accommodate general activities for all ages. This requirement scales with the number of units. For 36 units, a proportionate area is 9,000 sq. ft. (based on 250 sq. ft.per unit). The proposed site includes a total of 16,664 sq. ft. (or 0.383 acres)of common open space. However, a portion of the open space is adjacent to Franklin Road which requires Commissions approval in order to count towards open space. Staff is recommending a berm or barrier of at least 4 feet in height proposed along E. Franklin Road to help with this. While some areas do not meet the qualified open space standards,the central open space exceeds 5,000 sq. ft., and the total proposed open space meets the minimum requirements. Amenity Requirements (UDC 11-4-3-27D): For multi-family developments with 20 to 75 units,three amenities must be provided,with at least one from each of the following categories: 1. Quality of Life: Outdoor clubhouse and enclosed bike storage. 2. Open Space: Picnic area. 3. Recreation: Pathway. 4. Multi-modal: Bike repair station. The proposed amenities meet the minimum standards,ensuring that the development supports the quality of life, open space, and recreational needs of its residents. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 9 [105] Landscaping (UDC 11-3B): Landscape buffers along streets A 25-foot wide street buffer is required along E. Franklin and S. Locust Grove Roads, both arterial streets, landscaped per the standards in UDC 11-3B-7C. The DA requires a landscape setback of 35-feet to be provided beyond the required right-of-way of Franklin Rd.;the proposed plan depicts a 50'+1-landscape setback in accord with this provision. Parking lot landscaping Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-3B-8. The proposed landscape plan does not meet the minimum requirements. The landscape plan should be revised to include a tree in every planter island, if this is not feasible due to utility easements, alternative compliance shall be applied for with the certificate ofzoning compliance submittal. Landscape buffers to adjoining uses The perimeter buffers along the west and south boundaries are required to be landscaped per the standards listed in UDC 11-313-8C.1 for parking lots. A minimum of one(1) Class II or III tree is required every 35 linear feet along with shrubs and vegetative groundcover. The landscape plan should be revised to include trees and calculations that demonstrate compliance with the standard on the Southern property boundary. Tree preservation Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site as set forth in UDC 11-313-10C.5.Include mitigation information on the landscape plan that demonstrates compliance with these standards. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along Franklin and Locust Grove Roads as set forth in the development agreement. Pathway landscaping Landscaping is required to be provided along all pathways per the standards listed in UDC 11-313-12C; The proposed landscape plan does not meet all of these requirements. A tree is required on either side of the pathway every 100 linear feet. This is not being met for a portion of the pathway on the east portion of the site.A revised landscape plan shall be submitted with the certificate ofzoning compliance. Parking (UDC 11-3C): Residential parking analysis 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(18)2-bedroom units and(18) 1-bedroom units,a minimum of 67 off-street parking spaces are required,including four(4) spaces for guest parking,with 36 of those in a covered carport or garage. Accessible parking is required in accord with ADA standards. A total of 73 spaces are proposed, including 36 covered spaces,meeting the minimum requirement. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 10 [106] Any parking abutting a sidewalk or landscaped area shall either be widened to 7-feet where 5-feet is currently depicted and the length of the stalls reduced to 17-feet if wheel stops are not desired in parking spaces; otherwise wheel stops shall be provided to prevent vehicle overhang.Wheel stops should be added in all of the carport parking spaces to prevent vehicle overhang onto the adjacent walkway. Bicycle parking analysis Based on 73 vehicle parking spaces, a minimum of three(3)bicycle parking spaces should be provided in accord with the standards listed in UDC 11-3C-5C. Bicycle storage is proposed at the pavilion as depicted on the site plan.A bicycle rack capable of holding a minimum of three(3)bicycles, is provided in the central common area for guests in accord with the standards listed in UDC 11-3C-5C. Building Elevations (Comp Plan,Architectural Standards Manual): Goals 5.01.02D and 5.01.02A of the Comprehensive Plan emphasize the importance of building design and landscaping in buffering, screening,beautifying, and integrating commercial,multifamily, and parking areas with existing neighborhoods. The schematic renderings for the proposed 3-story structures, detailed in Section V.G,reveal a design utilizing a mix of EIFS siding and metal accents in a neutral color scheme. To ensure the buildings meet these goals, Staff recommends incorporating modulation and pedestrian-scale elements to enhance the visual interest and integration of the structures. The final design of all buildings must comply with the standards outlined in the Architectural Standards Manual. The applicant has revised the elevations to better align with the surrounding buildings and the city's architectural standards,reflecting a commitment to meeting the design and aesthetic requirements. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. A chain-link fence with wire strands along the top exists around the ACHD storm drainage pond to the northeast of this site. The applicant shall work with ACHD to modify this fencing and potentially move it closer to the drainage on the neighboring property. The landscape plan correctly depicts this on the eastern boundary of the site. A 6-foot tall closed vision vinyl fence is shall be included along the southern boundary of the site adjacent to the existing residence in accord with the development agreement. Transportation Analysis Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goals 6.01.01 H and 6.01.02B of the Comprehensive Plan emphasize reducing the number of access points onto arterial streets through methods such as cross-access agreements,access management, and frontage or backage roads. These goals also stress the importance of enhancing local and collector street connectivity and incorporating pedestrian access connectors to link subdivisions and promote neighborhood connectivity within the community pathway system. For the proposed development, access is planned via S. Locust Grove Rd.,with no access allowed from E. Franklin Rd. The existing curb cut on Franklin Rd.must be removed, and curbing extended across the former driveway as part of the development. The Police Department has recommended that access via Locust Grove be restricted to right- in/right-out only for safety reasons.Although the ACHD report does not currently include CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 11 [107] such a restriction, if the Commission concurs with the Police Department's recommendation, a provision should be incorporated to enforce this restriction. Additionally,the Police Department has suggested implementing traffic calming measures within the north/south drive aisle to enhance tenant and pedestrian safety. Staff has included a condition of approval to address this recommendation. Given that both the subject property and the adjacent property to the south are designated MU-C (Mixed Use-Commercial)on the Future Land Use Map(FLUM) and there is no existing local street access,the applicant has proposed a cross-access/ingress-egress easement and driveway, including a pedestrian walkway,to facilitate future interconnectivity with the property to the south, in accordance with UDC 11-3A-3A.2. Staff recommends this cross- access is moved to align with the parking curb cuts closest to Locust Grove. Additionally,the applicant proposes a cross-access/ingress-egress easement and driveway to the property at 50 S. Adkins Way for future connectivity. The site and landscape plans should be revised to reflect this provision. It is important to note that there is a strip of land between this property and 50 S. Adkins Way owned by the Stonebridge Business Owner's Association, so future access will require obtaining consent from that owner. Multiuse Pathways (UDC 11-3A-5): There are no multi-use pathways designated on the Pathways Master Plan for this site. Pathways (Comp Plan, UDC 11-3A-8): There are no multi-use pathways designated on the Pathways Master Plan for this site.An internal 6-foot wide pedestrian walkway is proposed along the east perimeter boundary of the development adjacent to the existing ACHD storm drainage pond at the corner of Franklin and Locust Grove Roads which could be reduced to 5-feet in width. Landscaping should be provided along the internal pathway in accord with the standards listed in UDC 11-3B-12C; the landscape plan should be revised accordingly. Sidewalks (UDC 11-3A-17): There are existing attached sidewalks along E. Franklin Rd. and S. Locust Grove Rd. Typically, detached sidewalks are required along arterial streets; however,because these sidewalks are still in good condition, Staff does not recommend they are removed and reconstructed as detached sidewalks at this time. Services Analysis Pressurized Irrigation (UDC 11-3A-I S): Underground pressurized irrigation water is required to be provided as set forth in UDC I I- 3A-15. Storm Drainage (UDC 11-3A-18): Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along Franklin and Locust Grove Roads as set forth in the development agreement. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G& 3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development of the subdivision. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 12 [108] IV. CITY/AGENCY COMMENTS & CONDITIONS Meridian Planning Division 1. Future development of this site shall generally comply with the provisions in the existing development agreement(AZ-99-005,H-2022-0073,H-2023-0048, and DA Inst. #99121334) and the site plan,landscape plan, open space, site amenities, and elevations submitted with this application and with the conditions listed below. 2. The multi-family development shall have an ongoing obligation to comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 3. Floor plans shall be submitted with the Certificate of Zoning Compliance application that demonstrates compliance with the private open space standard of 80 square feet for each unit as set forth in UDC 11-4-3-27B.3. 4. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F.A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. 5. Provide a recycling receptacle in the trash enclosure. 6. All structures shall comply with the design standards listed in the Architectural Standards Manual. 7. The existing curb cut via Franklin Rd. shall be removed and curbing extended across the driveway. 8. Outdoor lighting shall comply with the standards listed in UDC 11-3A-11C. The height of a free-standing light fixture on private property shall not exceed 6 feet; streetlamps are exempt from this height restriction.A photometric report shall be submitted with the Certificate of Zoning Compliance application that demonstrates compliance with these standards in accord with the development agreement to ensure the adjacent residential property and the traveling public aren't impacted by glare. 9. Signage is limited to one(1)low-profile monument type sign near the entry of the development on Locust Grove Road as set forth in the development agreement. 10. Drainage swales should not be within the landscape setbacks along Franklin and Locust Grove Roads as set forth in the development agreement. 11. 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. 12. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised,as follows: a.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. b. Depict a berm or constructed barrier at least four(4)feet in height along E. Franklin Rd.with a break in the berm or barrier to allow for pedestrian access as set forth in UDC 11-4-3-27C.8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 13 11091 c. Internal common open space areas shall be landscaped in accord with the standards listed in UDC 11-3G-513 and include a variety of trees, shrubs, lawn or other vegetative ground cover. d. Depict landscaping within the 5-feet on both sides of the internal pathway in accord with the standards listed in UDC 11-313-12C. Include calculations to demonstrate compliance in the Landscape Requirements table. e.Verify if fencing exists along the west boundary of this site or along the west boundary of the adjacent 20-foot wide property to the west—correctly depict the location on the plan. f. Depict trees and shrubs along with vegetative groundcover within the perimeter buffers adjacent to parking or other vehicular use areas along the west and south boundaries of the site in accordance with the standards listed in UDC 11-3B-8C.1. Include calculations to demonstrate compliance in the Landscape Requirements table. g. Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site as set forth in UDC 11-313-10C.5. Include mitigation information on the landscape plan that demonstrates compliance with these standards. h. Move the proposed cross access on the south portion of the site closer to Locust Grove to align with the parking area to the east of Building Building 2. Record a cross- access/ingress-egress easement with a pedestrian walkway to the property to the south for future interconnectivity in accordance with UDC 11-3A-3A.2.A copy of the recorded easement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. i. Record a cross-access/ingress-egress easement to the property to the west at 50 S. Adkins Way for interconnectivity. A copy of the recorded easement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. j. Depict new wrought iron fencing to replace the existing chain link fencing around the ACHD storm drainage facility if determined acceptable by ACHD; move fencing in closer to the actual drainage area if agreed upon by ACHD. k. Depict a bus stop along Locust Grove Rd. as required by Valley Regional Transit. 1. Depict modulation in the placement of the structures for a variety in profile. in. Depict traffic calming within the site in the north/south drive aisle to slow traffic for tenant/pedestrian safety as recommended by the Police Dept. n. Depict wheel stops in all of the parking spaces abutting a sidewalk or widen sidewalks to 7 feet to prevent vehicle overhang onto the adjacent walkway. o. Depict a tree in every planter island,if this is not feasible due to utility easements, alternative compliance shall be applied for with the certificate of zoning compliance submittal. p. Widen the parking drive aisles to be a minimum of 25 feet. q. Depict a 6-foot closed vision fence on the south boundary. r. Reorient buildings 1 and 2 to provide better visibility of the entrances for safety purposes or provide pedestrian lighting along the pathway to the entrances. 13. A conditional use permit,when granted, shall be 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 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 14 11,01 conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground.Upon written request and filing by the applicant prior to the termination of the period in accord with subsection(17)(1)of this section,the director may authorize a single extension of time to commence the use not to exceed one(1)two-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 this chapter. Meridian Public Works Click or tap here to enter text. Wastewater s UistanoetoSewer Sewer Awailable at Site Serwices t er Shed r Estimated Project See application Sewer LRtl's • WRRF Uechnin@ Balance + Project Consistent Yes xnth W4Y Master Plan/Facility Plan + lmpaots/cancerns + r See Pttbli€WoFks Site Spedlir Conditions Water Distance to Water Water Awailahle.atSite Se rwices • Pressure Lone • Estimated Protect See appl.catron Water kKU's watertmllty Hone ProjlextConsistent Yes with Water Master Plan r Irrlpaf Vton€erns I Hone PIJBIJ47W(MunDFIPAWFM 3W Site 54Hcifie Conditiom of Approval I_ A'Aruotlight Flan i�Teyuired for this 1)evelo MUML 2 linsum no sew cr% rvires cram infiltration benches- 3- Frrtvidc 2T liasern u for maim,hydrant laterals and water smiaea_la--uments should extend up to the end of mainthydrandwatcr meter and I U heyund it. 5_ No permanrnl Atructures(tmcs,bushes,huildings,caiTm5rLs,trash rencptacle walls,fences, inli ltration trenches light pales,etc-)to be built within the utility carcment. 4_ Wslcrand Scvecr running Paralial require a 30fiFAgemcnt Geoffal Candidom of nppraval I_ Appi icant shall coordinate water and sewer main size and nxWrkg with Ibc PuWie Worb Th•iuutn wnL _. K i Meridian City Cndc(M C),the appl icamt A di be resparm-Mc to install sew"and waLar IIRi11%u-and thrtvo This developme L Applicsnimay becligtible for a FeimbuFserti tt a"IL�lIIcut for infr&Ntructure cnhareocinent per M(.V R-tr5_ CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 15 Fill] 3- Me applicant shall provide ca9cmcrk4a)for all Intel is water/socwer mai ns outside of public right of way(includrall watersorviocamA hydrant4). Scwcr/water casement varies de{scnding on sewer depth.Sew�cr 0-24 ft dcc{s require a 34 ft taaernc�2�25 ft a 44 ft t�treruc�and 25-30 ft a 45 ii cascmerst f nsure ne perrnarsrnt Ken rs,mc(tr•};bushc building carps trash roxpLgcJc wadLs fcric infiltration trcridses,light pfllaa,etc.)arc built witted n the utility cascistient- Submit an executed eascmem(an the farm available f m Publ is Wnrks),a legal description prepared by an Tdaha I-im msed PmfcaaifHuL IAnd SurucWr,which must inel tide the area frf the catici1xm1 (marked EXHIBrl'A)and an 8I12"x L L"map with bearings and distances(marked rXJ-TIBIT B) for review-Balk exh.iWo must be sealed signed and dated by a Fmfbssiermd IAM Survoyor.D(} NOT RRMRD. d- The CityofMcridian requircathal prmariaad irrigation symcmabc eryrpliM by a year-round source of water(UDC 11-3 M� The appl icam sbould be required to use any existing surface ar wcLL walcr for the primary souroc- If a surface c r well scarce is not avai lable,a single-paint connc#ion to the culinary water system xhall be required.Tf a mWc-Iminteunnectiun is utilized, the developer will he reWrtsible fcr the payment ofwm=mt:nis fcrtheeanunon areas prior to priorto romlyIng development plan approval. 5- Any.gaucturfa that arc aLlowrd to remain-AWL be subject to evaluation and poss2ble rcaysignmrnt of street addressing to be in eompl iance with MCC- 6- All irrigation ditchers,canals~laterals,or drains,exclusive of ritual wmcmayN.imamerting, crossing or laying adjacent and cnntigunuw to the area being subdivided AuLL he addressed per UDC I I-3A-6. Tn performing%uch work,the applicant shaLLI comply with Idabo Code42-1207 and anyothsx appLieahlt law OF rcgdation. F- Any w-,l Is that will not mnti nue to be used must be praperLy abandoned according to Maim.Well Commotion Standards RoLca administered by the IdaM Department of Water Rraaurct�. The Dc4rlupor's 1?nglnccr shall provide a stamncnt addressing whether there are any existing wells i n the devch�r ant.and if xe,how they Will eMtinuc W he LL or provide rwnfd of their ahandonnrcnt- Any existing scptic systems within this project shall be removed from service per City Ordinance Section 4-L-4 and 44 S. ContaaContral District Health fur abasrdonmcnt procedures and inspections(209)375-521 L. 4- All i mlrrovcmcnis related to public Iifc,Rafay and hcalth shall be oamlrle ed prior to ecompamy of the structmcs. 14. Applicant shall be required to pay Public Works development pLan review,and onnstnre m inspection feer4 as daanunod during the pLan review procem,prior to the iwmx=ofa plan apprcwal.lff=r- 1 1. Tt shall be the respons-biLity efthe applicmi to ensure that a1L dcvcloprnwit features comply with the Amcrieans with Di.saN ities Act mid the Fair Howsing Ant- 12. Appl irant shall be rasponkbLe far application and oompUmw with any Section 4 M Pmrnittiog that 113U-Y be required by the Army Corps of Frigimem. 13. Dek�clkrlm shall efwrdinatc mailbox Iswatitut;with the Meridian Ns.- {Office. lei. C'sl1111lkwliU1I Lest results shall he submiaLA la theMtxidian Building Department far all buiLding pads rceciving engineered hackfill,whore footing wnuld sit atrop fill material- ly. The design cnginoer chaLI be rcquireito ecrtify that the.Amet mmuLi merJcvationa are seta minimum of 3-fcctabum the highcatemabUshcd peak giroundwata cLeva2ion. Thin is toensure that the bomm elevation of the crawl spaxsofbamca Ls at Icast I-RkA above- 16. The 2NJkanic design engineer shall be reespurc ihlc for i nspeetiun of al I Irrigation and/or drainage facility within this project that&not fall under the jurisdietion of an irrigation district err ACHD.Mr.design engineer shall providecertification that the faciLitim have been.installed in mcordance with the approved design plank This cenficatinn will he requi red befam a certificale of oecupwicy is bowed.far any euudure.q within the project. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page16 112 17. Al the completion of the proje4 the applicant shaft be responsible to submit Finard drawings per Ore City of Meridian AutcCAD standwiL, Th=c record dmw i ur-I I lust be r=imi and approved prior to the issuance of a c xtificatirwtcf amynney for any%,utLwr,within the projwt 19. A stray I fight plan will need to be indu&d in the Civil crntstrucli6m I 11ans.13v=1 ight plan mquircmmtsut Listed in-Amnon 0-5 of the ImpFovm ent Startdar&,fix Smza Lighting,Acopy of ilre siaudards can be found at htLo:ffw%4-w.rocridiamitV.oWpulrlic woFlo aspx?id-272- 14. The CityofMcridian roquires thal the cwmr pant to the City a perforrrmic=surety in&c amount of 125%ofthe fatal Construction text for 21L inaompLelc sewer,wsta and reuse infrastru-lure prior to final plat yignaturc-This surety will be verified by a line item cast c,6 iFL tc provided by Orc owua to the City-The surety can be ported in the farm of an inmvacablc Lola of credit,cash dcpaxit ar bond.AWkantmwu file an application forsurcty,which can be finrrrd on the Community TkvcLopnxm Npanmentwehsitc. Pkww,-outftm Sand rkVcLopmmt Service for more information at 997-221 1- 24. The City of Meridian requires thal Ow owner pout totheCity a warcardy xurcty in thcamc&a of 20%of the total canstnretian teat Rw a1L completed sewer,water and reuse i nfrasuwft ro for duration oftwo}tars-Thia surly+will be verified by a Line item cost cxti mate puwided by the osrna in the City-The surety can be pomod in the farm of an inmvocabLt Lola of crodit,cash deposit ar braid.Applicant mwst file an appLicamim Mr Curdy,which can be f mW an the Community IhweLcpnnnt NpairMicnt wdrsitc. Pkasecontact Iand rscvclupmcnt 5rnicc for mare information at 997-221 1- CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 17 113 Ada County Highway District(ACHD) Lpxl€piCk4ring,Pr'44G9n# MiranOa cold.'nw-13rogidert ACHD JIfiS FIErSim,C6M1Yihddldlikr IGdnt C4kfthDrpL C.0re%M& *tVrcr V'I & Duw Wginney,Convn&Wo r July 15. 2024 To-. Danielle$tehman PW North Design 116 S 611'street Boise. ID 83706 Subject: MER24-006811VIUU-2024-0002 1475 E Franklin Road Meridian Oz On November 16,2022.the Ada County Highway district approved MER22-01261H-2024-0073,Meridian Oz Apartments,for a conditional use permit and modification to an existing development agreement to oonsibrod five 12-p1ex multi-family buildings.The silie-speoifiG Conditions of approval also apply to MER24 006&MCU-2024-0407, If you have any questions, please feel free to contact me at(208)387-8384. Sincerely, Sam Standal Assistant Traffic Engineer Development Services cc: Nlck Napotl and BIII Parsons,Clly of Meridian connecting.you to more See the public record for additional agency comments. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 18 F1 FINDINGS Conditional Use(UDC 11-5B-6E) 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 Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 zoning district if the Applicant complies with the conditions in Section IX(see Analysis, Section III 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. The Commission finds that the proposed use is generally consistent with the future land use map designation of MU-C and is allowed as a conditional use in UDC Table 11-2A-2 in the R-40 zoning district and with the existing development agreement. 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. The Commission finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for and existing in this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission finds 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. The Commission finds that essential public services are available to this property and that the use will be adequately served by these facilities. Comments were not received from the school district on this application. 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. The Commission finds 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. 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. The Commission finds the proposed residential 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. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page19 [115] 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. The Commission finds the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feather of importance. ACTION A. Staff: Staff recommends approval of the proposed Conditional Use Permit with the conditions in Section W. Commission: The Meridian Planning&Zoning Commission heard this item on September 19',2024 and October 3',2024.At the public hearing.the Commission moved to approve the subiect modification to a conditional use permit request. 1. Summary of the Commission public hearing: a. In favor: Danielle Stehman b. In opposition: Lynzey Uechi C. Commenting: Danielle Stehman d. Written testimony: Lynzey Uechi e. Staff presenting application:Nick Napoli f. Other Staff commenting on the application: Kurt Starman and Bill Parsons 2. Key issue(s)of public testimony: a. Concerns about the safety of the neighboring property to the south. 3. Key issue(s)of discussion by Commission: a. Discussion for what could be done to mitigate the concerns while also r� cross- access. 4. Commission change(s)to Staff recommendation: a. The commission ruled to have the cross-access road and pathway stubbed to the neighboring property on the east side of Building 2. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 20 116 EXHIBITS Project Area Maps to Project Overview) Aerial Legend Project Location Area of Impact 0 Analysis rr CITY �- �� '1. ..'r:EI �, -y4� �I ,`'��■Y��{Fai�s, ■�� ► , 'r t� FRANKLIN_, tq 4kt' � --, , �_ �"�. �� -fin , � � s � „! • � OF OF • • OF • ORDER CASE • 1 111 J ' a ,'� NINE m o FRANKLI�N� r � W / i` i• I //r/. / I♦ram` ' ♦ OF moll A mill;I "M i��� �� • — N :ir .7J" oor I • i ,/ J E00" / OFF r or Orr / J ��7000r � 84 r • 1 � 111 Planned Development Map Legend Project Location m` ' RR Area of Impact y City Limits ®® Planned Parcels �L OAnalysis - -r L r- [L[ • , _ _ti I \ I I r w Q 5�;z I CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 23 11,91 Subject Site Photos ' .* n.SIP� 1 t� ,T _...i2- :':. J'c � .e � "":x:'�.sT�¢r°.'.=moo. �.y� •:t ��..-. y�e. �7�:ram_ Pr: ��ri.•-'-.•�.�',�....� �- - - . rti ? - i CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 24 [120] Service Accessibility Report Description ■ ■ Location In City Limits Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Within 1/4 mile of current transit route GREEN Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets GREEN plan) matches existing (# of lanes) School Walking Proximity Within 112 mile walking GREEN Either a High School or College within 2 miles 0R a School arivability Middle or Elementary School within 1 mile driving GREEN (existing or future) ParkWalkability No park within walking distance by park type RED CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 25 121 Site Plan (date: 6/28/2024) II �j °W I � I j I e I 1CT F CUP-02 t - 7 7:7: i - --- SITEPLAN �_ --- Mp _ram — _ - _ .. TREKARCH a ...... �,. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 26 122 Landscape Plan (date: 7/2/2024) n ja �. ° l -_--•••••--EF[IAHI�--------_.-_--.1 R ,. . . - L--------.------------- ---------------------- n '.li -Ae. ..r.RAN --_______________________________----_---_---4-_ --_:- J _. L101 I� i mm r e • O 70, PTV i ® .e •r ----------- - --- --------------- CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 27 [123] Qualified Open Space Exhibit(date: 6/28/2024) I — iJ11:lYL 1f ©1 EMIL e,a I I 1 - 11 i � tlLll➢NGK �� ' � CCnAIlLIHMItl '..�u.r -- _- 11 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-00021 Page 28 124 Building Elevations (date: 6/28/2024) T - ij � I � I..A ° q Q PEll cup m M - a ' 7M SCHEMATIC RENDERING LLLVA I I UN�110M P NIKINGAI LA T TREKARCH ,� CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [MCU-2024-0002] Page 29 125