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2019-10-03 M ER I D I A N P L ANN I N G AND ZON I N G COMMI SSI ON M EETI N G A GENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho T hursday, O ctober 3, 2019 at 6:00 P M 1. Roll-C all Attendance _X ___Lis a Holland _X ___And rew S eal _X ___R honda M cC arvel _X ___R eid O ls en _____Ryan F itzgerald __X__Bill C assinelli 2. Adoption of Agenda _X ___ J essic a P errault - C hairp ers o n 3. Consent Agenda [Action Item] A. Approve M inutes of S eptemb er 19, 2019 Planning and Zoning Commission M eeting B. F indings of F act, C onclusions of L aw for T M Creek E ast Apar tments (H-2019-0089) by S C S T M Creek and S C S B righton, generally located ¼ mile east of S . Ten M ile Rd., south of W. F ranklin Rd. 4. O ther Items A. F ir e D epar tment: P r esentation on Response T imes, S tation Reliability, and O ther Repor ts 5. Action I tems L and U se P ublic H ea rin g P rocess: After th e P ublic H ea rin g is op en ed th e sta ff rep ort will b e p resen ted b y th e a ssigned city plann er. F ollowin g S taff's report th e app licant has u p to 1 5 minutes to p resen t th eir applica tion . E a ch m emb er of th e public m ay p rovid e testimon y u p to 3 minutes or if they are rep resentin g a la rg er g roup, such a s a H om eown ers Association, they ma y b e allow ed 1 0 minutes. T h e applicant is then a llow ed 1 0 add itional minutes to resp on d to the public's comments. N o additional pub lic testimon y is ta ken once th e public h ea rin g is closed . A. P ublic Hearing for Goddar d Creek Townhomes (H-2019-0068) by S I Construction, L ocated at the NW C or ner of W. M cM illan Rd. and N. G oddard C reek Way 1. R eques t: R ezone of 5.03 acres of land f rom the R -4 to the R -15 zoning district, and 2. P reliminary P lat f or the Re-subdivision of L ot 2, Block 1, Goddard C reek S ubdivision C onsisting of 4.62 Acres of L and into 44 B uilding L ots and 8 C ommon L ots B. P ublic Hearing for Inglewood P lace (H-2019-0090) by J ames P etersen, T he P ointe at M eridian, LLC, located at 3250 E . Victor y Rd. 1. R eques t: A nnexation and Z oning of 10.29 acres of land with C -C (3.76 acres) and R -15 (6.53 ac res) zoning districts; 2. R eque s t: P reliminary P lat consisting of (8) building lots and (1) common lot on 8.84 acres of land; and 3. R equest: Conditional Use P ermit for a multi-f amily development consisting of (14) dwelling units on 1.91 acres of land in the R -15 zoning district. Meridian Planning and Zoning Meeting October 3, 2019. Meeting of the Meridian Planning and Zoning Commission of October 3, 2019, was called to order at 6:00 p.m. by Chairman Jessica Perreault. Members Present: Chairman Jessica Perreault, Commissioner Rhonda McCarvel, Commissioner Lisa Holland, Commissioner Bill Cassinelli, Commissioner Andrew Seal and Commissioner Reid Olsen. Members Absent. Commissioner Ryan Fitzgerald. Others Present: Andrienne Weatherly, Andrea Pogue, Caleb Hood, Sonya Allen, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance __X____ Lisa Holland ___X___ Reid Olsen __X___ Andrew Seal _______ Ryan Fitzgerald __X___ Rhonda McCarvel ___X___ Bill Cassinelli ___X____ Jessica Perreault - Chairman Perreault: Good evening -- good evening, ladies and gentlemen. At this time I would like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning Commission on October 3rd, 2019. Let's begin with roll call. Item 2: Adoption of Agenda Perreault: Thank you. Next on the agenda is the adoption of the agenda. Item -- A, Item 5-A, will be opened this evening only for the purpose of continuing this item. So, we will not be taking public testimony on Goddard Creek Townhomes application this evening. So, if you are here for that I apologize, but the applicant requested that we continue that hearing. So, we will set a new date for that this evening. Can I get a motion to adopt the agenda as -- Olsen: So moved. McCarvel: Second. Perreault: It has been moved and seconded to adopt the agenda. All those in favor say aye. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Meridian City Council Meeting Agenda October 17, 2019 – Page 4 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 2 of 38 Item 3: Consent Agenda [Action Item] A. Approve Minutes of September 19, 2019 Planning and Zoning Commission Meeting B. Findings of Fact, Conclusions of Law for TM Creek East Apartments (H-2019-0089) by SCS TM Creek and SCS Brighton, generally located ¼ mile east of S. Ten Mile Rd., south of W. Franklin Rd. Perreault: Next is the Consent Agenda. Number 3, Items A and B. Approval of minutes for the September 19, 2019, Planning and Zoning Commission meeting. Findings of Fact and Conclusions of Law for TM Creek East Apartments, H-2019-0089. Can I get a motion to accept the Consent Agenda as presented? Olsen: So moved. McCarvel Second. Perreault: It's been moved and seconded to adopt the Consent Agenda. All those in favor say aye. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Item 4: Other Items A. Fire Department: Presentation on Response Times, Station Reliability, and Other Reports Perreault: So, I will be making a presentation on explaining the public hearing process, but I will wait to do that before the hearing for Inglewood Place this evening so it's fresh in your minds. At this time we will go ahead and move forward with the presentation by the Fire Department. They have come this evening to chat with us a little bit about the information that they share with the public prior to our -- our hearings and to help us understand how they approach the information that they give us regarding the applications. Welcome. Bongiorno: Madam Chair, Commissioners, thank you very much for this opportunity. I apologize it's taken this long to get here. This week I received a phone call from Mr. Wardle and apparently there was questions about the Fire Department report on some previous projects that have come forward to you and so I thought I would come today just to give you a quick overview of what I put in the -- in the report and why it's there. So, the first section -- so, the top section of my report has the -- the items that staff typically looks at and what City Council looks at. The bottom half of the report is just standard International Fire Code items that we spell out specifically to that project. So, the very first item on the top of the report is the Fire Department response time. So, the travel Meridian City Council Meeting Agenda October 17, 2019 – Page 5 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 3 of 38 time from the nearest fire station, our level of service expectation goal is five minutes. That's our goal. We understand we can't always make that goal. As it currently stands right now Fire Station 5 -- the houses directly behind Fire Station No. 5 we can't get there in five minutes. The way you have to go around the block and wind through the subdivision, it's actually faster to go through the fence than it is to go all the way around to hit the houses directly behind Station 5. So -- so, in my report, as an example, say this development is six minutes under ideal conditions from the nearest fire station -- fire station whatever. This fire station is approximately so many miles from -- excuse me -- the project and, then, if approved the Fire Department can or cannot make that goal. With Fire Station No. 6 coming, if it's appropriate I have been making a note on the response times that, hey, Fire Station No. 6 is coming online. It's within so many minutes of the project and it's also so many miles from the project. So, at some point -- and I will get there -- March is when that's slated to open and so we will have our response times from that station once it opens. The second -- the second item that you will find is the resource reliability and what the resource reliability is is what's the current reliability of that fire station to whatever the project is. Our goal is 85 percent. So, what that means is 85 percent of the time when a call comes into that fire station's district they are actually able to go to that call. So, that means 15 percent of the time they are typically out on a call doing something else and either on another call or training or whatever and they are unable to make -- make it as the first to do engine. So, the example is this development is closest to Fire Station No. 1. The current reliability is 63 percent from the fire station and does not meet our targeted goal and I can tell you right now none of our fire stations meet the targeted goal of 85 percent. We -- we are getting to that point where, yes, Fire Station No. 6 is coming online -- and, actually, let's talk about the -- the numbers. So, from July of 2018 to December of 2018 this is what the reliability looked like. So, Fire Station 1 was at 65 percent. So, that means only 35 percent -- 65 percent of the time they were actually able to respond to their own calls. In June we -- we rolled out Engine 36. So, right now we have two engines running out of Station No. 1. We have Truck 31 and Engine 36. So, as you can see for the last couple months Station 1's reliability went up to 81 percent. Again because we are running Engine 36 and Truck 31 out of that fire station. And, then, you can see as -- as the calls fluctuate, the numbers dropped a little bit for the other fire stations, but that's typically where we are in that 70 to 80 percent range for the station reliability. So, in the future in our ten year CIP we do have slated for Fire Station 1 to put a squad there and that squad -- their predominant thing that they will be doing is running medical calls. So, that will lessen the number of calls for the truck and make the reliability better in that fire station and, then, obviously, the other thing we can do is build more fire stations to rate increase that reliability as well. Council Woman Milam made the comment one night at a Council meeting -- fire stations just don't pop up overnight. It takes at least three years to plan a fire station and, actually, in our -- in our ten year CIP that's when the next fire station is slated is -- is in -- is in three years. So, we will see how that goes. The third item that we -- that I put in my report is risk identifications. What -- what are the risks that are associated with this development. Is it residential? Is a residential with hazards? Typically a residential with a hazard would be is there a pond. Is it commercial? Is it commercial with hazards, like an industrial center or something where they may -- may have chemicals or something to that effect. Or as an industrial. So, for the example, this proposed commercial development has a Meridian City Council Meeting Agenda October 17, 2019 – Page 6 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 4 of 38 risk factor four, in which current resources would not be adequate to supply service to this -- to this proposed project. Risk factors include firefighting in multi-story buildings, large gathering of people in a single location, this entails a greater risk for the occupants, as well as first responders. Fire life safety systems and occupant training are critical for this development. So, this is an example of a multi-story building. I believe this is -- I stoled this from the Ahlquist project down on Chinden and Highway 16. So, we try and identify what are the biggest risks that have to do with whatever this project is that comes before you. The big thing -- the other big thing that I take care of is accessibility. How easy is it and do the roadway accesses -- is traffic going to affect us getting to this project. So, example is this project meets all the required access road widths and turnarounds. Typical issues that I find when I get plan sets are cul-de-sacs are not the proper size. I have been trying to work with the Ada County Highway District on getting them to change their standard drawing. Their standard drawing does not meet the fire code. The fire code minimum requirement is 48 feet for the radius. Their minimum is 45. So, they don't even meet the fire code. So, I have met with them earlier this year and asked them if they would actually change their standard drawing to meet what the fire code requires. So, we are -- we are working on that. Sonya can attest we have -- we have found some projects where they have had block lengths that were too long. We will have over 30 homes on a single access. So, by the fire code if they have over 30 houses we have to have two points of access. That's why we always have those secondary emergency routes getting into these projects or you can have up to 200 apartments, as long as they are all sprinklered, on a single access. So, anything over 200 you have to have two. Accesses too close together is another big one. According to the fire code are two access points, if they have -- if it's required to have two, have to be half the diagonal of the property apart. So, a lot of times they will put -- like if they have a long skinny one they will have two right next to each other and those don't count, because they are too close together. So, they have to come up with some other access somewhere else. And, then, the last item is specialty resource needs. You know, is -- is the building over 30 feet tall. Do we need an aerial device if we are over 30 feet tall. So, if that's the case, then, our -- our goal -- again our travel goal -- time goal for the ladder truck is 12 minutes to get on scene and, then, that also kicks in -- you have to have wider roadways. You have to have 26 foot roadways for the ladder truck to be able to set up and operate. And, then, are there any other specialty needs. Water rescue if there is a pond. The Meridian Fire Department does not do water rescues. We have PFDs, but we are not trained in water rescue. So, we have to do a mutual aid request for Boise fire, Eagle fire, somebody that has the proper equipment to come and do water rescue. Same thing with hazmat. Boise fire has a hazmat team. Canyon county also has a hazmat team. So, if we need a hazmat team it just takes extra time to get them on scene. Or if there is some sort of technical rescue, like a rope rescue or something to that effect. And, then, what -- you know, what's the travel time required to get them there. Water supply is also big -- a big thing. Typically the things that come to -- to you as a commission -- our water -- our water is adequate. The city takes care of all of that stuff. So, again, what our expectation is for the code -- I try and put down what I -- I'm guessing what the water -- water requirements are depending on what the building -- what the building is made of. You know, typical house is a thousand gallons a minute for an hour and the Meridian water department can -- typically we don't have problems in this area. In my rural areas we do, but not here in the Meridian City Council Meeting Agenda October 17, 2019 – Page 7 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 5 of 38 city that you guys are seeing. Any other comments? I kind of talked about this. Anything past that point from there down is just standard fire code stuff that we put in there to -- to -- you know, emergency access requirements, gate requirements, no traffic calming devices without the fire marshal's approval, things like that. That's typically what the other comments are. Station 6 I mentioned. Station 6 is being built right now. If you have not been there it's straight across the street from Camping World on Overland. It is slated to open in March of 2020. Last I heard it's on time and -- actually, it's a week -- they are fixing it to be finished a week early and it's on budget so far. And, then, the other big question that -- that I get asked a lot is -- is Station 7 and Station 8. So, Station 7 and Station 8 we currently -- the -- the fire district owns property across from the regional park out on Lake Hazel. They own four acres out there. Two of it's slated to be for the Fire Department and we are working with the Gander Creek project over by Owyhee High School. They are offering to -- we are working a deal with them for 3.76 acres of land. The big question is which -- which one is first and -- and the -- the problem is we don't know that at this point, because that's where we have to look at where our call -- where is our call volume going? Is it -- is it going to be heading towards Chinden? Because we are going to have Owyhee High School, we are going to be having the Ahlquist project, the hospital, and everything out there at Highway 16 and Chinden. We have got Costco coming. You know, what's that going to do to Station 5 and at the same point, you know, we have Brighton building tons of stuff out at Hillsdale, you know, out past that area. So, at this point we don't know where Station 7 is going to go. But we do own property in those two locations, it's just a matter of which one gets picked. So, at this point I can't answer that question. And that's all I had. Do you guys -- do you have questions? Perreault: Before I butcher your name would you say it for me? Bongiorno: Bongiorno. Perreault: Okay. That's what I thought. Commissioners, do we have any questions for Mr. Bongiorno? Cassinelli: I have a couple. Perreault: Commissioner Cassinelli. Cassinelli: Is it possible, deputy chief, for you to give us a summary? I don't think -- I have seen the breakdown of all that, but at the end of it or on top of saying this -- this project -- I mean as far as the Fire Department is concerned we can't -- you know, we don't want to see this project move forward for -- for this reason, this reason, this reason, instead of trying to pick things out and trying to read this report. This helps tremendously. But instead of trying to pick some of these things out and make sense of -- that -- that reliability goal that you mentioned, I mean I would look at that and say, well, it doesn't meet reliability, how can it be -- how can this project be -- how can we move forward on it if it's -- if the Fire Department can't -- can't make the call. So, that -- that helped. But to have a summary there in the beginning that says the way this project is laid out now the Meridian City Council Meeting Agenda October 17, 2019 – Page 8 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 6 of 38 Fire Department cannot serve it. I mean can or can't. You know, we are comfortable with it or we are not, something like that. Does that make sense? Bongiorno: Yeah. Madam Chair, Commissioner, I mean it's kind of like the ball field thing. You know, if you -- if you build it we will come. We will be there. It's just a matter of how long it takes us to get there. The -- the -- the report is really for staff, the planning group, and they look at the whole picture. Does -- does this fit into the city planning, you know, for the whole -- it's the whole system that we got to look at. So, I'm just -- I was talking with Mr. Yorgason the other day, we are just a piece of the pie. So, I can't -- I can't say, yeah, no, you know, it shouldn't be built, I can just -- I can tell you what the facts are. It's going to take us six minutes to get there or longer. You, as the Commission, can -- can make that determination whether or not you want to approve it or not. Again, looking at the whole -- the whole picture. Again, I'm just a -- I'm just a small slice. So, I don't -- I don't think I could -- I could tell you, no, don't build it, because it -- we will service it. Cassinelli: Yeah. But could you give a comfortable opinion in terms of -- we -- we just -- we can't service this the way we would like -- you know. Bongiorno: Sure. Yeah. There are some examples that I have out in the rural -- it's like I can't do anything with this. It -- you don't have water. What are you going to do if it catches fire, you know. So, we -- we have made a couple -- you know, we have stretched. The sprinkler place out there on Highway 16 and Chinden was a perfect example. I wasn't the fire marshal at the time, but that -- that one project -- we had to get a letter from their insurance company, because that was way out there and we just -- you know. And that's why I said we are just a little piece of the pie and we got to look at what staff recommends. Along with that does it -- does it make sense to put that project out, you know, at the end of Eagle Road or wherever. Cassinelli: And as far as -- like the goal -- you're not meeting it anywhere, so that -- that helps me to understand that -- Bongiorno: Yeah. Cassinelli: -- that, what -- what -- Bongiorno: It's a goal. Cassinelli: -- what goes into that. Bongiorno: Right. Cassinelli: Is there a number on the response time? Your goal is five minutes. Bongiorno: Five minutes. Meridian City Council Meeting Agenda October 17, 2019 – Page 9 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 7 of 38 Cassinelli: Is there a number there that's not acceptable? That when we are looking at this if you say it's -- it's ten minutes -- I mean are we talking life and death? Bongiorno: That's a long time. Yeah. When you get -- when you start getting into seven, eight, nine minute responses, you're -- that's a lot. Especially if the house is on fire. The way our modern construction is nowadays and the way our furniture is built nowadays, it's -- it's all gasoline in one form or another and the stuff burns like crazy. So, if we have those longer response times, the -- the chances of bad things happening, obviously, multiply. So, that -- that is a bigger problem. So, I would think, you know, if you're in that six, seven minute range I would definitely look at everything else that's going along with it and that's why, you know, we -- we encourage sprinklers and residential sprinklers. Unfortunately, I have been hamstrung and can't require them, but I can highly encourage them, because no one has ever died in a house that was sprinklered. No one. So, that's an option as well that we can do for these subdivisions that -- like we want to build this. Okay. Sprinkler your houses over ten minutes. Cassinelli: Okay. Thank you. Bongiorno: So, there are options. Yeah. Perreault: So, I have a couple of questions for you. You -- so, when you're referring to the five minute goal, are you talking about standard single family residential areas or what -- give us the parameters for that five minute goal. You're just talking distance to any fire -- Bongiorno: That's a distance -- Perreault: -- on any sort of building? Bongiorno: Yeah. So -- so, pick a fire station and draw a circle around it, that five minutes. Perreault: Okay. No matter what type of building or -- Bongiorno: Anything in that -- yeah. That's anything. Perreault: And, then, about the -- you said that percentage that you gave on the resource reliability -- so, those -- that percentage of time that that fire station is not able to respond I'm assuming another station or the next closest station is responding then? Bongiorno: Correct. Perreault: Okay. Is that just -- all right. I wanted to make sure that's what you -- Bongiorno: Yes. So, for example, I was looking at a project the other day. The -- Station 4 was -- is the closest and it is -- it's right at five minutes to the very edge of this development. If they are out on a call, the next to do is nine minutes away. That's one Meridian City Council Meeting Agenda October 17, 2019 – Page 10 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 8 of 38 of those ones that's kind of way out there and when you have got a nine minute response -- and, again, that's assuming Engine 14 is in quarters -- then you have Engine 17, which is 11 minute response and, then, you have Kuna fire, which was also in that same area, which is a ten minute response. So, again, now we are getting into that whole -- we are way out there. And, obviously, with fire it's a big problem or with a medical call -- obviously, the longer you are without, you know, the proper care, the harder to recover from. Olsen: Madam Chair? Perreault: Commissioner Olsen. Olsen: Could you go back to the report that talks about the aerial devices in your -- Bongiorno: The aerial? Olsen: Yeah. Bongiorno: Yeah. If I can find it. That guy right there. Olsen: As I understand it, we don't have an aerial device? Bongiorno: We do. Olsen: We do. Bongiorno: Yeah. Truck 31. Olsen: Okay. But it -- Bongiorno: It runs out of Station 1. Olsen: Okay. And so we are okay citywide with that one aerial device or do we need to be concerned about response time? Bongiorno: The response time -- typically for the aerial our -- our goal is 12 minutes on the -- on the aerial, because we have one and it's covering the whole district. So, we have a 12 minute response time for the aerial and that -- we are usually pretty good there. We do have in ten year CIP to add an additional truck. I can't remember what the year was off the top of my head. I want to say it's five years out we will add a second truck. But we do have one. The issue is -- when you get into -- so, typically, if you get a structure fire you get a battalion chief, a ladder truck, and three engines. If it's a confirmed working fire you get the whole thing over again and because we only have one truck, that second engine -- or second aerial is either going to come from Eagle or from Boise. So, there is going to be, again, that response time that we have to wait for Truck 6 or -- or Truck 7 to get here from Boise to help out with the fire. Meridian City Council Meeting Agenda October 17, 2019 – Page 11 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 9 of 38 Olsen: All right. Thank you. Perreault: And how frequently is that truck called out? Bongiorno: The truck? Well -- Perreault: The ladder truck. Bongiorno: For -- Perreault: Any -- any -- responding to any -- Bongiorno: Right now Station 1 -- Station 1 is the busiest station. Perreault: Okay. Bongiorno: And so -- Perreault: But it's only called out if -- specifically if the ladder truck is needed or is it called out on any structure fire? Do I understand that right? Bongiorno: It's called out on structure fires and, then, right now, because we are running Engine 36 out of that station, it is being -- it's being held for structure fires, auto accidents, auto accidents with extrications -- there is specific things that will cause it to be dispatched. So, Engine 36 right now is running everything. So, they are running medical calls -- again, we are trying not to put too many miles on the -- the truck, because it costs a lot to run it. So, as we are running that -- that's -- and that's the purpose of putting the squad in Station 1 also is to keep that truck available for fires, auto accidents with extrication, rescues -- whatever it's -- because that's what its general purpose is, is for that. It's a specialized unit. It really is. Perreault: Anymore questions? Seal: Madam Chair? Perreault: Commissioner Seal. Seal: Just going back to what Commissioner Cassinelli mentioned, just -- as I'm reading through some of the reports, especially when we are looking at high density dwellings and we are putting a lot of those in, sometimes when we read through those -- and, again, knowing that you're -- you're not meeting the goals that are there is very helpful, but, again, some kind of synopsis -- and it doesn't have to be -- you know, I don't want this to go in, I don't want this to go in, but when I read through -- and I'm like resource reliability goal isn't being -- isn't being met and, then, there is risk identification that's going in there like it is, you know, multi-story high density unit -- Meridian City Council Meeting Agenda October 17, 2019 – Page 12 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 10 of 38 Bongiorno: Right. Seal: -- when I start to read those things within the report and it's not painting a great picture, something -- either -- you know, something reassuring from you or something that -- Bongiorno: Sure. Seal: -- that -- you know, that this -- this could be a problem, because we are -- we are, you know, in the process of quite a bit of those buildings going in. So, we want to make sure that we are giving you everything -- Bongiorno: Okay. Seal: -- giving you everything that you need, as well as you giving us all the information that we need -- Bongiorno: Sure. So, what I can do is at the top of my report I can put some type of a synopsis of what -- what you're seeing -- Seal: Okay. Bongiorno: -- all at once. Yeah, I would be happy to do that. Seal: Okay. Bongiorno: Because it is -- I mean the -- the Fire Department report that's -- I mean I -- that's one of the first ones I dig into, you know, I want to make sure that we -- we can respond to, you know, any kind of emergency that's there. I also look at the traffic, because that's going to play into it. So, when I start to see several little things, they all add up in my mind. So, I just want to make sure that we are giving you every opportunity to kind of signal if something is maybe not quite right. Seal: Got it. Bongiorno: Madam Chair and Commissioners, also one thing that I -- I also put in my reports that I didn't put in the PowerPoint is -- is if I -- if I feel there is parking issues, because when -- when I first took -- the very first week I became the fire marshal I became the parking guy. I started getting phone calls about people parking illegally in fire lanes and so I have been working with Caleb and Sonya and the rest of the planning staff on making sure that these developments -- you talked about the high density and everything -- have enough parking for visitors or whatever, because when you have a 50 foot lot and you have driveway, driveway, driveway, driveway, driveway, there is nowhere for anybody to park and -- and that's the problems we were finding at our -- at our apartment buildings is they get garages, but they don't use them to put their cars in, they use them to put their stuff in. So, that's something else you may see on the report as well. Meridian City Council Meeting Agenda October 17, 2019 – Page 13 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 11 of 38 Perreault: Thank you very much. I think what Commissioner Seal is trying to communicate is that -- that the information that you're providing is great, we just don't have a -- we don't know what the standard is, we don't know what the expectation is. So, to compare what you're sharing with us to what actually should be or what the ideal is or what is the safest for the community -- Bongiorno: Sure. Perreault: -- I think that's where we are -- we are not quite understanding when we read the report, so -- Bongiorno: Okay. Good. Perreault: -- thank you very much. Was that all the questions? Okay. Thank you for being here. Bongiorno: Thank you. I appreciate the opportunity and reach out to me, I'm always available if you have got some questions. Perreault: Oh, we appreciate that very much. Bongiorno: Thank you very much. Perreault: Thank you. Okay. We will now open the -- the public hearing. I will explain the public hearing process. We will open each item this evening -- we only have the one -- individually and start with the staff report. The staff will report their findings regarding how the item adheres to our Comprehensive Plan and Uniform Development Code with their recommendations. After the staff has made their presentation, the applicant will come forward and present their case for approval or denial of their application and respond to any comments by staff. The applicant will have 15 minutes to do so. After the applicant is finished we will open for public testimony. There is -- there are two iPads there on the back table. If you're interested in testifying, please, do sign up at those locations. Any person testifying will be allowed three minutes. If you're here speaking for a larger group, which it doesn't look like will happen tonight, we will sometimes allow for ten minutes. After all testimony has been heard the applicant will be given another ten minutes to come back and respond if they choose to do so. Then we will close the public hearing and the Commissioners will have a chance to discuss and, hopefully, make a recommendation to City Council. Item 5: Action Items A. Public Hearing for Goddard Creek Townhomes (H-2019-0068) by SI Construction, Located at the NW Corner of W. McMillan Rd. and N. Goddard Creek Way Meridian City Council Meeting Agenda October 17, 2019 – Page 14 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 12 of 38 1. Request: Rezone of 5.03 acres of land from the R -4 to the R -15 zoning district, and 2. Preliminary Plat for the Re-subdivision of Lot 2, Block 1, Goddard Creek Subdivision Consisting of 4.62 Acres of Land into 44 Building Lots and 8 Common Lots Perreault: Okay. At this time let's open our public hearing for Goddard Creek Townhomes, H-2019-0068, for the purpose of continuing the hearing to October 24th, 2019. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: I move we continue item H-2019-0068 for Goddard Creek Townhomes to the date of October 24th, 2019, as requested by staff and the applicant. Seal: Second. Perreault: It has been moved and seconded to continue H-2019-0068 to October 24th, 2019. All those in favor say aye. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. B. Public Hearing for Inglewood Place (H-2019-0090) by James Petersen, The Pointe at Meridian, LLC, located at 3250 E. Victory Rd. 1. Request: Annexation and Zoning of 10.29 acres of land with C-C (3.76 acres) and R -15 (6.53 acres) zoning districts; 2. Request: Preliminary Plat consisting of (8) building lots and (1) common lot on 8.84 acres of land; and 3. Request: Conditional Use Permit for a multi-family development consisting of (14) dwelling units on 1.91 acres of land in the R-15 zoning district. Perreault: Next we will open the public hearing for Inglewood Place, H-2019-0090, and we will begin with the staff report. Allen: Thank you, Madam Chair, Members of the Commission. The applications before you tonight are an annexation and zoning, preliminary plat, and two conditional use permits. The site consists of 8.84 acres of land. It's zoned RUT in Ada county and it's located at the northeast corner of South Eagle Road and East Victory Road. Adjacent Meridian City Council Meeting Agenda October 17, 2019 – Page 15 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 13 of 38 land use and zoning. To the north is one single family residential rural residential agricultural property zoned RUT in Ada county. To the east are single family residential properties in Sutherland Farm Subdivision, zoned R-4. To the west is South Eagle Road and single family residential properties zoned R-8 and R1 in the county. And to the south is East Victory Road and commercial and single family residential properties, zoned C-C and R-4 respectively. The Comprehensive Plan future land use map designation for this property is mixed use community. Annexation and zoning is requested of 10.29 acres of land with C-C zoning, which consists of 3.76 acres of the site and R-15 zoning, which consists of 6.53 acres of the site. A conceptual site plan was submitted as shown that depicts how the site is proposed to develop with a mix of commercial retail, three pad sites along Eagle Road, and a large office building consisting of approximately 12,300 square feet, a nursing and residential care facility and senior age restricted 55 and older cottages, which is proposed as multi-family, consistent with the mixed use community future land use map designation. A preliminary plat is proposed as shown to subdivide the property, consisting of eight building lots and one common lot. The plat is proposed to develop in two phases as shown there on the bottom diagram, with the residential portion developing first on the east side of the site. One right-in, right-out access is proposed via South Eagle Road and one full access is proposed via East Victory Road, with the provision of a new north-south local public street, which will stub to the north boundary for future extension and interconnectivity. Staff is recommending the access via Eagle Road is only allowed on a temporary basis until such time as the property to the north redevelops and an access driveway can be constructed in alignment with East Moon Dipper Street on the west side of South Eagle Road. At such time the driveway access should be removed and the landscape buffer along Eagle Road extended. Additionally, an access easement should be provided to the property to the north and the driveway along the east side of the retail pads extended to the north boundary for future interconnectivity and access via Eagle Road through the property to the north and that driveway we are talking about is right here and I will bring up an aerial view of the property. Hopefully. Maybe not. I'm not sure what's going on with my internet tonight. But I guess we will forego that. So, a 25 foot wide landscape street buffer is required along Eagle and Victory Roads and a 25 foot wide buffer to residential uses to the north on the C-C zoned property is required. The McDonald Lateral crosses the southwest corner of the site and is proposed to be piped. That's what you see right here in the dashed line. There is an existing 15 foot wide ingress and egress easement that runs along the northern boundary of the site and that is this area right here that benefits the adjacent property to the north and is required to be preserved. An attached sidewalk exists along Eagle Road and along Victory Road on the portion of the site nearest the intersection. A detached sidewalk is proposed where none exists along the remainder of the frontage along Victory to the east boundary. In mixed use developments public and quasi-public spaces and places are required to make up a minimum of five percent of the development area. None of these types of spaces are proposed in the development. Therefore, staff is recommending as a development agreement provision that these spaces are provided within the commercial portion of the development with buildings arranged to create common usable areas, such as plaza or green spaces in accord with the Comprehensive Plan. A conditional use permit is proposed for a multi-family residential development, consisting of 14 dwelling units on 1.91 acres of land in the R-15 district and that is these Meridian City Council Meeting Agenda October 17, 2019 – Page 16 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 14 of 38 units right here along the east side of the site. They are seven duplex style single level structures and they are proposed for age restricted 55 and older independent living senior cottages. They are required to go through a multi-family and we are terming them multi- family residential and go through a conditional use permit, because there are more than -- there is one -- more than one structure on a lot, so that makes them multi-family per our code. A minimum of .1 of an acre of qualified open space is required to be provided within the development. A total of .29 of an acre is proposed, which exceeds UDC standards. Site amenities are proposed consisting of a gazebo and barbecue area in accord with UDC standards. This development will also have access to the amenities located in the adjacent nursing and residential care facility to the west. Off-street parking is proposed in excess of UDC standards. A total of 14 covered spaces and 11 uncovered spaces are required. Fourteen garage spaces, 14 driveway spaces and 25 surface parking spaces are proposed, for a total of 14 extra spaces. Another conditional use permit is proposed for a nursing or residential care facility on 3.48 acres of land in the R- 15 zoning district, consisting of 86 dwelling units, and that is this structure here kind of in the middle of the development. The proposed structure varies in height from two to three stories and will house 46 independent living, 30 assisted living and ten memory care units. Parking is proposed in excess of UDC standards. A minimum of 43 spaces are required. A total of 84 spaces are proposed, consisting of 23 garage spaces and 61 surface or uncovered spaces. Conceptual building elevations were submitted for the residential care facility, which varies from two to three stories in height and the single level duplex style senior cottages, which is shown here on the right. Conceptual elevations for the three story office structure and the commercial retail pads proposed on Eagle Road were also submitted as shown. Commercial structures are required to incorporate some of the same or similar design elements and construction materials as the residential development to unify the development. All structures on the site are required to comply with the design standards listed in the architectural standards manual and obtain design review approval with a certificate of zoning compliance application. There were a couple letters of written testimony on this application. The first is from John and Juanita Sharp. They are the property owners directly to the north of this site. They own this property right here. They do have a 15 foot wide -- excuse me -- 15 foot wide ingress-egress easement for access to the east end of their property that lies on the subject property along the north boundary. They are requesting the easement area be free of any curbing and landscaping and that all buildings, berming, and landscaping be set back so as not to interfere with their easement. The landscape plan shown here depicts a driveway on the west end of the site and that's this little area right here to the Sharp's garage, corral, and field, but depicts landscaping and a pathway within the remainder of the easement area, which is this area right here to the east boundary. A fence is also depicted along the north boundary of the site, which will interfere with their access. To ensure this easement and access is not affected by development of this site, staff is recommending condition of approval number A.3.E in Section 8 of the staff report is modified as follows. Currently it states depict the existing 15 foot wide ingress-egress easement along the northern boundary of this site. I'm proposing to add the following text: Free of trees and bushes. Grass is allowed. And pedestrian walkways. Fencing shall not restrict access to the easement and its purpose. And that wording is in your hearing outline. And, then, the second letter of testimony was received from John Carpenter, the applicant's Meridian City Council Meeting Agenda October 17, 2019 – Page 17 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 15 of 38 representative, and they are in agreement with the staff report and the added condition of approval that I just mentioned. Staff is recommending approval with the requirement of a development agreement and the conditions outlined in the staff report. Staff will stand for any questions. Perreault: Thank you, Sonya. Do Commissioners have any questions for staff? Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: I have got -- Sonya, I have got a couple. The future access via Moon Dipper Road that you -- we can't -- I can't pull anything up here either. Where is that located? Allen: Yeah. Commissioner Cassinelli, Commissioners, if you look at this conceptual site plan where my pointer is at, that's Moon Dipper. It's on the west side of Eagle, just a little ways north of this property. Cassinelli: So, that would be in the -- in the -- is that the property owners to the south, then, that have the easement -- it will go through there eventually? Allen: The property owners at the north boundary. Cassinelli: Okay. I also have a question about parking. They have addressed the parking with the senior living facility and I have a question. Is the -- I mean the -- the standards are 43 -- it only requires 43; is that accurate in that -- in that space? And there is some limited -- or I mean independent, but there is also -- obviously, there is some people there that can't drive, you know, but, then, there is staff -- there is going to be staff and other -- other people in that facility. Is that enough parking? And, then, part two of the parking, nothing's -- there is -- there is no comments about parking in here on the commercial spaces. We didn't cover that. Allen: Commissioner Cassinelli, parking for the site -- it does meet all UDC standards. The residential portion far exceeds our minimum standards. Cassinelli: What about the parking on -- for the commercial? Because -- Allen: As I said, it all -- it all meets our minimum standards and that is conceptual at this point. When we do get in a final plan we will review it for compliance with the parking standards at that time. Cassinelli: Okay. Perreault: Sonya, I -- I guess one thing that's not totally clear to me is -- so, nursing and residential care is allowed in the MUC zone; correct? So, what are the biggest differences between how the business proposed and the MUC designation? Is it just basically the Meridian City Council Meeting Agenda October 17, 2019 – Page 18 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 16 of 38 quasi-public space and the commercial area that's -- that's different? I saw a note in the staff report that usually in the MUC there is less residential, but because nursing and residential care is allowed in that, can you help me understand that? Am I getting my wires crossed on that? Allen: Madam Chair, Members of the Commission, I'm not sure if I'm totally following your question, but the MUC is the future land use map designation, not zoning. The R-15 zone is where the residential care facility is proposed. They -- Perreault: So, let me clarify my question. So, in the MUC there is usually a percentage of different types of uses; right? So, are they meeting those? That's like a -- Allen: They are. Yes. Perreault: -- question -- Allen: Yeah. The proposed development is in compliance with the MUC future land use designation. Perreault: Okay. Thank you. Holland: Madam Chair? Perreault: Anymore questions for staff? Holland: Madam Chair? Perreault: Commissioner Holland. Holland: One more follow-up question to what Commissioner Cassinelli asked. When that road eventually gets realigned up to the north, if that happens at some point and they vacate the other road to the south, would it become a full access at the north side on that -- I'm sorry, I'm forgetting the street name. Moon Dipper. Would that be a full access or would that still be right-in, right-out there? Allen: Commissioner Holland, Commissioners, I can't answer that for sure. That would be an ACHD call. Holland: Thanks. Perreault: Okay. Thank you. All right. At this time would the applicant, please, come forward. Petersen: Thank you for letting us present this evening. I'm Jim Petersen. I'm the developer. Have with me -- Meridian City Council Meeting Agenda October 17, 2019 – Page 19 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 17 of 38 Shirley: Jacob Shirley. I'm with Think Architects. Perreault: If you would, please, state your address for the record as well. Petersen: My address is 6609 Old Mill Circle, Salt Lake City, Utah. Shirley: 5150 -- now I got to remember my address. 5150 South 900 East, Salt Lake City. Perreault: Thank you very much. Go ahead with your presentation. Petersen: So, thank you, Sonya. I mean -- I think she's covered the presentation really well with what we are planning to do. One thing that I would like to add -- this is the site plan, which -- which we have already went over. So, one thing I would like to add is we have had an in-depth study -- market study done by JLL, which is a national firm that does feasibility and marketing studies and we are very confident that the demand is -- is -- is real in the Meridian area. So, we think this is something that is really needed and will help the community a lot. Shirley: Let me go back to that site plan, since -- Petersen: Yeah. Go ahead. Shirley: I would like to kind of discuss a little bit about how we are trying to marry this project with the community and make it a good project for Meridian. Again, Sonya did such a good job, she kind of took a lot of our steam, but when we designed this we -- we definitely wanted it to -- to fit in and add to the community and so some of the things we have done is we have really focused on the massing of the project. We want that massing to -- to fit in. For example, the -- the eastern most part of the project where we have what we call our cottages, those are pretty small little units and I think that they will go well with the existing homes that are just to the east. They fit very well. And if you look at the -- the commercial pad on the west end, we have put the smaller buildings up front and so as the experience of the -- of the citizens as you drive down Victory and Eagle Road is that first you're going to see the -- the beautiful landscape buffer that Meridian requires and, then, it's -- the buildings are going to step up from there. So, we have really made a lot of effort to hide the massing of the buildings. One thing that Sonya mentioned -- she said it was a two to three story building in the middle. That has been updated. It is a one to three story building. So, actually, as you're driving down Victory Road you're going to see just a one to two story building and the majority of that mass is -- is hidden behind it and the -- I just want to bring up again -- she mentioned the parking, that we exceed our count. Early on it was mentioned from the fire department that that is a concern. So, we have always focused on making sure that we provide enough parking for everybody plus some and she -- she mentioned the 15 foot easement that's to the north that we have some landscape issues. Unfortunately, I received that information a little late, but we fully plan on altering the landscapes -- the landscape plan to the -- to the north, so that we can respect that 15 foot easement. We are -- we are more than happy to do that. Another Meridian City Council Meeting Agenda October 17, 2019 – Page 20 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 18 of 38 thing I want to point out -- we have these -- these massing studies. These were done kind of early on, so there has been some slight adjustments. For example, the roads, the parking layouts have changed a little bit. And, again, the -- the massing of that central building has been reduced a small amount. So, on the southern side that three story building is actually a two story building. We have kind of pulled some of that back just so that there is less massing on Victory Road. We want this to feel like a -- you know, a small community. We want this to feel like it's a small town project. This is the -- one of the concept renderings we have developed for the central senior facility -- senior living facility. This -- we are looking at this. Imagine you're standing on the -- the proposed private road looking west to the entrance of this building. This is great, because if you look to the left that's kind of towards Victory Road and you see that it's a very small building. In fact, the building that's in the distance to the left, as I said, has been dropped since this concept's been developed. This is an example of the cottages. We are calling them the cottages. I think the official term is the multi-family. These will be next to the existing single family homes that are just to the east. Again, we are just trying to respect the neighborhood and build something that fits. This is an example of standing on the corner of Victory and Eagle Road. This landscaping doesn't necessarily reflect the landscaping plan, because, again, this was done early on, but it's good to see that what we are trying to do is create small mass up front and -- and since I'm showing all these renderings I also want to talk a little bit about our materials. We want this project to feel unified. We want to use quality materials. We want this to look as beautiful in 20 years as day one. Again, we really want to add to the community. So, we are looking at kind of some traditional small-town architecture and a historic color palette. This is that -- it's actually an existing curb cut that's coming off Eagle Road we want to enhance and make a little better. Jim, do you have anything to add? Petersen: I think that pretty much covers it. Perreault: Commissioners have any questions for the applicant? Olsen: Madam Chair? Perreault: Commissioner Olsen. Olsen: In the independent living that's in the facility, not the cottages, what's -- what's your experience as far as the number of people that -- or the percentage of people that actually have cars to drive? Petersen: I would say in the independent living most do have cars to drive, especially the ones that are in the cottages definitely have cars. The other part of the independent I would say -- I don't know exactly. They could change. Fifty to sixty percent probably. Olsen: Thank you. Shirley: On that I would like to add that one of the features Jim is offering is some detached garages and so that as some of these people move into independent and Meridian City Council Meeting Agenda October 17, 2019 – Page 21 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 19 of 38 maybe they have some stuff they haven't been able to get rid of yet, we are -- we are definitely making an effort to hide that, so the air -- the project looks clean. You know, maybe there is an extra car that they don't plan on driving, but they don't want to get rid of yet, that will be hidden from sight. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: Gentlemen, it was mentioned on the public spaces and -- and term pro mentioned -- mentioned this briefly -- I think talked about it earlier, but it -- there is a requirement for -- I will just read the paragraph: Mixed use developments, public, quasi- public, public spaces and places are required to make a minimum of five percent of the development area. None of these types of spaces are proposed. What are you thinking in that for -- for some of the common areas in those areas? Shirley: We are trying to include as much amenities as possible on the cottages or the multi -- multi-family units. There is some green space and we are adding a gazebo with barbecues, so there is some outdoor area to enjoy. The senior living facility itself has a lot of amenities inside the building, including two exterior courtyards that, again, we plan on landscaping very nice, but the interior of the facility will have a cafeteria, some medical, entertainment, exercise, things like that. Cassinelli: I think what I'm -- what I'm asking here, though, this is in any commercial portion, because the paragraph goes on in the staff report: Therefore, staff is recommending as a DA provision that these spaces are provided within the commercial portion of the development with buildings arranged to create common usable areas, such as a plaza or green space in accordance with -- in accordance with the Comprehensive Plan. So, from that standpoint in that commercial area what -- what are you doing to -- Petersen: Yeah. We agree with that -- with the staff recommendation and of adding in the green area. So, there will probably be less of the big commercial building to make up the land for that. Shirley: Also with the design on some of the retail pads, we are including outdoor eating spaces and we have designed the parking so that there is plenty of room for landscaping, trees, grass, things like that. So, we have really focused on making it more of a green space that you park in, rather than a parking space with some trees thrown around it. Cassinelli: Okay. Thank you. Perreault: Do I understand correctly that from the renderings that the commercial area is going to be more retail rather than services being provided to the assisted living residential living; is that right? If there is not -- it's not going to be a medical focus necessarily or -- or is that to be determined? Meridian City Council Meeting Agenda October 17, 2019 – Page 22 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 20 of 38 Shirley: It -- well, we -- we are proposing some office space. If -- if someone comes along and finds that they can provide that service and it's feasible, then, we are open to it, but it's not something we are specifically planning for and it's not a service that the senior living facility will provide. I mean everything will be in-house best it can. Petersen: And it really will be a two phase project. So, phase one is the senior living, the community, and, then, we don't know exactly who the end user will be on the commercial portion of the site yet. Perreault: Okay. Thank you. Anymore questions for the applicant? Commissioner Holland? Holland: Madam Chair. If you wouldn't mind pulling back up the site plan again. My -- my question is about traffic flow through the site. I know if you're coming down Eagle Road and you're heading towards Victory, in order to turn into the site, since it's only a right-in, right-out off of Eagle, they are going to have to turn left on Victory and into the complex where the apartments and the senior living facility is and drive through that to get to the commercial. Do you have any thoughts about how to provide better pedestrian safety if you have got some of your residents that are trying to walk to some of those restaurants? Do you have any traffic calming measures? What are your thoughts there on how traffic would flow through the site to get to some of that commercial space? Shirley: On some key sites I would like to have a different texture painted on the road where the -- the sidewalks cross the -- the drive aisles, so it gives that sense that, you know, it's a shared space. So, that is a concern. Perreault: So, to even clarify that further, would you mind showing us -- do you have access to the pointer there? Can you show us where a resident is living there on the east side in the cottages, where they would walk to get to that commercial? Petersen: Okay. So, if you -- if you're in this facility you could come out and you cross here or if you come out one of these doors you cross here and, then, you go to your facilities -- to these commercial buildings. Or you can go across -- does this thing still work? Across the top here, too. Perreault: Is there any crossing on the bottom? Is there -- or any walkways on the bottom? Shirley: Yeah. There is a sidewalk along here also. So, we have three points between the residential and the commercial that someone can walk. Perreault: And that connects to -- is that what the -- this -- kind of this wavy line is here at the bottom, is that a pedestrian walkway there? Shirley: I'm not sure which wavy line. Meridian City Council Meeting Agenda October 17, 2019 – Page 23 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 21 of 38 Perreault: Where it says -- is that just a berm? Petersen: Right here. Shirley: Oh. Okay. In the center of the project, the -- the wavy sidewalk is part of the landscape design standards -- Perreault: Okay. Shirley: -- that they -- they want the sidewalk to meander through that -- Perreault: Okay. Shirley: -- that berm. Perreault: But that could be used by the folks in the cottages as well? Shirley: Absolutely. Petersen: Right. Perreault: Okay. Any additional questions of the applicant? Okay. Thank you very much. Shirley: Thank you for your time. Perreault: You will have an opportunity to respond to public testimony at the end if you would like. Petersen: Okay. Thank you. Shirley: Thank you very much. Perreault: Okay. At this time we will take public testimony. Do we have anyone signed up? Weatherly: Madam Chair, four citizens are signed in, but nobody indicated they wished to testify. Perreault: Is there anyone present who would like to testify? Please come -- okay. Yes. Absolutely. Please come forward and state your name and address for the record. And you will have three minutes for your presentation. Attinger: I'm an HOA president. Hi. I'm Jason Attinger. 2626 South Tristram Way. HOA president for Sutherland Farm, which is the property just to the east and to the -- to the northeast as well. Just want to point out we are strongly in favor of this project. It sounds Meridian City Council Meeting Agenda October 17, 2019 – Page 24 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 22 of 38 good compared to some of the other ones we have been here for. Just as long as the plan goes forward as presented to staff with no huge -- you know, when it makes it to City Council with any big changes or anything like that. My kind of only question is if -- if they have taken in consideration with ACHD's ten year plan of expansion of Victory Road, I know which is going to go to a four lane. Same with Eagle, how that's going to change the landscape plan, if they have taken that into consideration in their initial conceptual design here. And, then, the other -- only other concern I have -- like I said, we are mostly in favor of the project -- is a left turn off of Eagle everybody knows, you know, the only light there is the one to the north, Easy Jet, where the boy was hit and killed two days ago, or down at Victory. So, making a left in this property is going to be very difficult, especially about -- between 4:00 and 6:00 p.m; right? We know that. So, if you were to go to a blown out view of this, you would see our subdivision Easy Jet, it's the north access. As you turn in there to the right there is Sutherland Village, our newest addition. That road does not connect, but from this -- this drawing here, if you were to kind of draw your attention to that -- from Victory and, then, go north, the easternmost road that connects to the north and, then, comes to a private property. That's not connected, but if you imagine those two northern properties, if they were to be developed or taxed out of there -- and made -- made to move on, I don't think they are for sale right now, but let's just say develop is a nice word. If they move and that road continues to the north, that would be the access. They would cut in through Easy Jet, where there is a stoplight and they are protected and, then, make a southern route in or go further -- further east into our subdivision and take the next one down. I'm not sure the -- right off -- off the top of my head what the name of the road is, but that will bring you out just outside of this drawing to the east on Victory. So, you can imagine, you know, wait for a left turn signal, backup traffic, because I don't think there is a turn lane in from Eagle Road into -- I don't know the name of the ones -- the zone where it says zone C there, I don't think there is a turn lane there presently. So, I don't know how they get in there. That's the only thing I would -- I would say would be kind of an issue or a consideration, because they are coming down to Victory -- Victory would probably be less traffic and going into the south or cutting east to come back down, you know, kind of loop around that would probably be the better way in just from my perspective. But, like I said, we are mostly in favor of this project. It looks good. These guys have been cooperative and they have considered us -- we have talked about a fence to go along the eastern side of the property where they are proposing the cottages, to replace the existing fence that's been there before, so we don't have two fences abutting up and have like snakes and wildlife growing in there and, then, we have talked about the north as well, the landscaping plot and everything looks good. So, pending any large changes from here to the actual next -- I guess presentation would be before the City Council, we don't have any major issues. Other than that I would just ask you to consider those things. Perreault: Caleb, would you actually mind -- would you mind responding to his question about the widening of Victory Road and whether there is right of way that's already been dedicated? Hood: Yeah, I'm not -- Madam Chair, Commissioners, I tried to look it up. The internet is not performing, so I'm not sure -- but part of this process would be that ACHD will -- will Meridian City Council Meeting Agenda October 17, 2019 – Page 25 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 23 of 38 acquire, preserve the right of way they need. That's not to say, though, some of this landscaping may go away. I don't know that for sure, because I don't know what they are preserving for at that intersection, but they will buy enough and, then, we will at least have the minimum after the roadway widening in the future. So, there is planning that goes into it, I just can't confirm that the site plans you see actually depict that. I did see, I believe, when I was on their website last, it's proposed to go out -- I don't know if the five or ten year -- to -- from Coverdale to -- I think to Eagle to stop in the next phase and they are going to do Cloverdale from Overland down south to Victory. So, it's going to happen. Obviously, we wish it would happen sooner, because we know this -- we are way behind in the roads here, but I just wanted to know if it was considered and it has. Perreault: So, did you understand, basically, what he's saying is -- Attinger: With the landscaping, yes. Perreault: If ACHD needs ten feet, as an example, and there would be 20 foot -- Attinger: There would still be -- Perreault: -- 25 foot landscape buffer requirement, they are going to make sure there is 35 feet there. Attinger: And, then, a turn lane would probably be my only other thing, like into there, because I don't know how far that goes back up -- backing up traffic to the -- I mean that would be a -- I mean I'm thinking of traffic congestion if one person is trying to make a left coming south on Eagle Road into there that could backup traffic even further during that high volume time. That was all. Thank you. Perreault: Thank you very much. Is there anyone else here who would like to speak? Please come forward. Gagliano: Madam Chair, Commissioners, my name is David Gagliano. I live at 3471 East Beamer Court. Perreault: Thank you. Gagliano: That's one of the houses just east of this proposed property. And speaking with my neighbors -- and if I can speak for them, if you don't mind, we are all completely in favor of this project. If they were going to build anything behind our homes we are ecstatic that they are going to build a facility like this. We think it will enhance the whole neighborhood and of all the things they could build behind our home this is one of them that we would certainly support and these guys have been awesome in working with us and the only question I would have and concerns is, again, like our president mentioned from the HOA, we are really looking for a vinyl fence or a new fence between the two properties and we are hoping that can be done in a matter in which -- we all have dogs, so if they were going to put a fence there we would want them to take the old fence down Meridian City Council Meeting Agenda October 17, 2019 – Page 26 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 24 of 38 and put a new fence up as quickly as possible, so that we don't have months where the fence is down while they are in construction. So, if they would work with us on that we would appreciate that. Perreault: Okay. Gagliano: That's all I had to say. Thank you very much. Perreault: We appreciate you coming up. Any others? All right. Thank you very much. Okay. Would the applicant like to make any response? Graham: I'm Matt Graham. 3800 West Perugia. I'm with T-O Engineers. And I just wanted to address the comment about the -- the roads that they have and what the accesses are. We will be working -- we have been working with ACHD and based on that location and how it's situated, this layout of the roads was kind of -- just gone some back and forth and kind of deemed the best alternative for this location and how we are going to provide access to the property. We are still waiting to review the ACHD report to make sure that, you know, we are complying with all their requirements and regulations that they will have for that site, so -- Holland: Madam Chair? Perreault: Commissioner Holland. Holland: One question since you're up there talking about roadways. I -- I like a lot of the elements of this plan. I think it's really well laid out to provide a transition for the residential. My biggest challenge is, again, how the commercial is going to function with getting people in and out of there and getting traffic flowing through there. Are there conversations in how you're looking at this that might reconfigure some of that to make it easier for transition in and out of the commercial section? I'm not sure how to brainstorm with you on it, but that's -- that's my biggest concern is where the -- the main access is going to be off of Victory. I'm worried about some of the same comments that we heard that, you know, it's -- it's tough to turn in there and come back up. If that's the only main entrance to the site, especially if the Eagle Road is only right-in, right-out. It just makes me a little bit nervous with the commercial. I'm not sure if you have got any other comments. I don't know that I have a pointed question, but just wanted to open that up to the applicant, if you wanted to say a few comments about that. Perreault: And to clarify on Commissioner Holland's statement, concerns that it would back up along this public road right in front of the homes, the senior cottage homes, just safety concerns with that. Petersen: The only comment I have on this is, like I say, the phase one is going to be the senior living community, but -- and, then, the commercial will be a phase two at a later time and these properties to the north -- I can see those will be getting developed and this will probably be commercial all along here. And, then, there is another full access that Meridian City Council Meeting Agenda October 17, 2019 – Page 27 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 25 of 38 will be going in -- that's why the city -- or the staff would like this -- this access to be temporary, because there will be a full access up here further. I mean it's kind of just brainstorming, but it's kind of how you can how -- Perreault: So, you're thinking would be an agreement to not start construction on the commercial section until there is full access permitted? Petersen: No. Perreault: Okay. Petersen: But I think we would end this -- this -- this -- this road, so it butts into this northern property, but very easily could be. I mean that is not -- phase two is not -- we don't have any schedule for starting phase two. It all looks like phase one is the priority. Perreault: So, let's say that that -- that doesn't actually occur in that -- in that time frame or in that capacity and -- and we are still left with what we have here. How do we address any congestion issues on this Victory Road exit if you have cars coming and going out of the commercial area that are driving past the -- on the south side driving past the large facility? Petersen: Maybe you could speak to this, because this is -- T-O Engineering and ACHD worked together on this for like six months. So, this is kind of what they come up with. Graham: Yeah. Unfortunately, I wasn't in the -- the meetings were -- with ACHD. I do know that they went through this, you know, quite a bit and -- and found that this was the -- the best option for that until we could, you know, get the staff report for -- for ACHD for that I -- I couldn't speak to that, unfortunately. So, sorry. Perreault: Anymore questions? Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: Can you address the fence issue that was brought up? Petersen: Yeah. We would be more than happy to work with the neighbors on -- on the fence and -- and if they would like a new fence along there I can -- I can see that. I think a new fence would be great and we will definitely work with them on keeping it down per -- as small a window as possible. Absolutely. Cassinelli: Thank you. Perreault: Thank you. Okay. Thank you. At this time can I get a motion to close the public hearing for item number 2019-0090? Meridian City Council Meeting Agenda October 17, 2019 – Page 28 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 26 of 38 Cassinelli: So moved. McCarvel: Second. Perreault: It's been moved and seconded to close the public hearing for Inglewood Place. All those in favor say aye. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: I have got a question for staff. Since I can't -- I'm unable to pull up the full staff report, what I was seeing -- what I was -- when I was reading through it earlier, the density -- especially when you get into the assisted -- the independent assisted living facility seems greater than the R-15. Does that need to be -- is -- am I correct or is it -- does it fit within the R-15? Does that need to be addressed this evening? Hood: So, Madam Chair -- excuse me -- Commissioner Cassinelli, the R-15 zone actually doesn't have a cap on density. So, the 15 doesn't relate to a maximum dwelling units per acre. So, that is not -- back in the day our code did use to have that, but it has more to do with dimensional, so lot sizes, heights, size of buildings, those types of things. That doesn't have anything to do with -- with the actual density. So, no, you don't need to address that. Cassinelli: This fits within that? Hood: Correct. Cassinelli: Okay. And, then, if I may, Madam Chair, what -- again, can't look at the full staff report. The -- the property to the north, what is the -- what is that displaying on the future land use map? Hood: Yes. Again, Madam Chair, Commissioner Cassinelli, that's also the MUC mixed use community designation back in -- Sonya may have it in her report here. Mid 2000s all those property owners came in and asked for a comp plan map amendment together, because they -- I don't remember what it was designated before that, but they came in and petitioned the city to change all those properties to mixed use community -- I believe almost all the way up to Easy Jet, if not all the way to Easy Jet. Cassinelli: Okay. So, that will -- Hood: Same designation as this property. Cassinelli: Thank you. Meridian City Council Meeting Agenda October 17, 2019 – Page 29 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 27 of 38 McCarvel: Madam Chair? Perreault: Commissioner McCarvel. McCarvel: I think with what's in front of us tonight, as far as a scope of what's being asked, I think this fits great within our land use map with -- with, obviously, the neighbors, the need for it in the community in general. I -- I do agree with Commissioner Holland a little bit with that retail, but -- with the access to it off Eagle Road, but if they are committed to having that in a later phase as that land to the north develops, that will probably take care of itself. I don't -- it probably won't be real rentable, because -- as retail, because somebody is going to -- else is going to figure that out as well, that they don't want to be stuck there on that island. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: I think I made it somewhat obvious what my concern is. It's -- it's really just about traffic flow through the site, because I want to make sure we have got a place that's safe and easy to navigate and get in and out of. I'm actually even concerned if the -- I think the access on Eagle being a right-in, right-out will help a little bit with it, because people can go down Victory to get in and, then, they will head back out on Eagle Road if they are heading to the -- back to the north. I'm a little bit worried if that access goes away if it makes it more challenging reconfiguring that up to the north to even get in and out of that complex and I don't know that we can -- I don't know that it's our purview to say that we want that to not be a temporary access, but I do see some concerns with taking that access away. I would almost rather see that stay as a right-in, right-out and have a full access up north that interconnects with this at some point in the future, but maybe not relocate the access. Just a thought to throw out there. Cassinelli: I'm in full support and agreement with that. McCarvel: Yeah. Cassinelli: Caleb, can that be kept? Hood: Yeah. Madam Chair, again, Commissioners, yeah, that -- that condition -- I can pull up what condition that is that talks about that being a temporary right-in, right-out until that connectivity happens further to the north. I did also look -- the Moon Dipper is about 630 feet north of the intersection. ACHD's standard is 660. So, you're right there for a full access, like Sonya said before, we can't guarantee that will be a full access -- remain a full access forever and ever. If there is a bunch of accidents they will probably put a median in, but more than likely that will be a full access point. If you wanted to keep this one, even once that goes in, as a right-in, right-out, just modify the conditional and I will look that up and see what condition that is to modify. I will just say -- sorry. Madam Mayor -- or Madam Chair. That -- that is subject to ACHD approval, obviously, too, but if Meridian City Council Meeting Agenda October 17, 2019 – Page 30 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 28 of 38 you're okay with it remaining, they need to buy off on that, too. But we wouldn't be restricting that as the city. ACHD could still restrict it. So, no guarantees they get to keep it, but -- Holland: Caleb, do you know what condition number that is? Hood: Again, I'm going to look that up right now and, then, I will share that with you. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: Overall I -- overall I like the -- I like the project a lot. I like it that the neighbors are in support of it. That's -- that always speaks well. They have worked together and I think keeping the -- I mean it will flow to the north. The design -- I like a lot about it. I, too, am concerned about the traffic flow in there. The -- the one access to get out on Victory Road, you got -- everybody will be flowing past a senior living facility where, you know, let's -- let's face it, I'm not as spry as I used to be. Could I run out of the way of a -- of somebody flying through the parking lot? I don't know. My -- so, I'm a little bit concerned about that and so to me that -- that -- having as much access onto Eagle Road is important. The other question as I -- over -- all in all I like the project. My other concern here is the -- coming in off Victory Road that says public road there and maybe -- and, Caleb, maybe you can answer this for me, because I -- I don't recall. Will that go through to the north or is that a dead end street? Hood: Madam Chair, Commissioner, I'm sorry, I really started listening to you when I heard my name, so -- Cassinelli: Okay. The road coming in -- the access coming in off Victory that's a -- that's shown as a public road there, basically going between the cottages and the -- and the independent living -- assisted living facility, will that -- is that a dead end or will that eventually connect up? Hood: Okay. Thank you for repeating that. Madam Chair, Commissioner Cassinelli, no, that is a stub street that will be extended. So, you, essentially, would have two parallel -- one being a driveway, one being a street, that will extend to the properties to the north. Similar frontage-backage road system that we are looking for in other parts of the city as well, so you don't have to get onto Eagle Road. Again, this shares the same designation as properties to the north. So, we envision some similar land uses to the north and we don't have to hop -- have to hop on Eagle Road and back off if you're going to go between those types of businesses per se. So, that is a public street for future extension. Cassinelli: Madam Chair, if I may add one last thing into my comments. That's a concern to me in the future. You have got -- you have got, you know, senior living, you have cottages here, they are -- they are going to be crossing over for a lot of the amenities for meals and these sorts of things that are in the main building and, then, you have got -- Meridian City Council Meeting Agenda October 17, 2019 – Page 31 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 29 of 38 you have got traffic that -- you know, unrestricted traffic that's going to be flowing through there. So, that -- that kind of adds to that traffic flow concern that I have. I don't know how to -- you know, I mean it would require a total, you know, redo on the layout here, so it's -- but I'm concerned about that. Perreault: Any other thoughts? Holland: Madam Chair? Perreault: Commissioner Holland. Holland: A couple more questions. To Commissioner Cassinelli's concerns, I think we could potentially put a condition that they have some traffic calming measures or -- or crossings painted there as well on the public road to try and help mitigate that, because I have got the same concern when you have got senior living apartments and a road that could be extended in the future. The other question, too, is -- and, hopefully, staff can help us answer this, but do you know where the main entrance for the senior living facility in the center would be? Is it on the east side or on the west side for the main entrance? Hood: So, Madam Chair and Commissioner Holland, I -- and we have closed the public hearing, but I saw some of the renderings and on the east side appears to be the main entrance. You know, there is a drop off area. So, that would be what I would be considering anyways their -- their main entrance. The service area is on the back side of the building on the -- on the west side -- the west facing facade. So, I would definitely say it's oriented back to that public street you guys are -- are concerned about. I would just echo your comments and, again, it's going to be an ACHD roadway, so anything that goes in traffic calming wise would -- would need to be coordinated and approved by ACHD. But chicanes seem to maybe be a good implementation in this place. You have some curvilinear stuff that you could potentially do with even some of your curbing, they could pop some of that out or painting. It looks like they have kind of right in the middle of the project a painted crosswalk or some other material in there to call that out. We could do some of those other things at those common driving locations as well to slow things down. Speed humps. Yeah. There are different -- different things. I will just -- I understand your concern. Don't envision that being a heavily trafficked public street in the future when it is extended though. Again, we are -- we anticipate other outlets east-west and north-south, so don't anticipate the volumes to be in the thousands, but there would -- there will still be some additional traffic in the future certainly. But that is the intent. Rather have it here than on some of your arterial roadways that are already congested and sending them through intersections that don't have a very good local service. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: This is usually Bill's questions, not mine, but on the parking note there is ample amount of parking, there is no question about that, but if the main entrance for this facility Meridian City Council Meeting Agenda October 17, 2019 – Page 32 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 30 of 38 is on the east side of visitors coming in, I imagine that they may be using the visitor spaces across from that porte-cochere or whatever that says, entrance, that looks like it's designated for the cottages as kind of the point to park and walk into the facility. So, I don't know if we want to have discussion about that, too, because it looks like the service entrance is where all the parking is. Perreault: I agree. Yeah. I'm sitting here flipping around this layout in my brain trying to -- not that I'm, you know, the engineer by any means, but just -- I'm just sitting here thinking about how this actually will -- will function and I see a lot of different things that -- that are causing me to have questions similar to the two that you have pointed out, so -- any other thoughts, Commissioner Olsen, Commissioner Seal? Holland: Madam Chair? Madam Chair? Perreault: Commissioner Holland. Holland: Sorry I'm talking a lot. Perreault: No. You're fine. Holland: Would we want to entertain as a Commission reopening the hearing just to hear their thoughts about the parking on that public road and entrance with the main access and see if they might be willing to reconfigure that a little bit to add some additional parking towards the main entrance or if they can answer some questions about how people would go in and out of the building. Perreault: I would invite you to make a motion. Holland: Madam Chair, I make a motion that we reopen the public hearing for H-2019- 0090, Inglewood Place, just for the purpose of asking the applicant to discuss with the Planning and Zoning Commissioners about the parking and function of the central building. Olsen: Second. Perreault: It has been moved and seconded to reopen -- reopen the public hearing for Inglewood Place, H-2019-0090, with the stated purposes. All those in favor say aye. Motion carries. MOTION CARRIED: SIX AYES ONE ABSENT. Perreault: Gentlemen, if you wouldn't mind coming forward again. Thank you for your patience with the process. Shirley: Thank you. Jacob Shirley. Our thought process with that is that we -- we assume that many of the residents in here won't be driving themselves and so we have designed Meridian City Council Meeting Agenda October 17, 2019 – Page 33 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 31 of 38 this so that whoever is driving can pull them to the front, drop them off and, then, go around in the back and park or if you are a resident you can use a side entrance. Largely that entry is going to be used for new arrivals or emergency vehicles and we -- we designed it this way so that the -- the parking isn't right in the front. We wanted to make the -- the street feel more like a street with buildings on it, rather than parking. Does that answer -- Holland: Madam Chair, can I -- Perreault: Commissioner Holland, please do. Holland: So, if -- I have been to a lot of senior living facilities from friends, family, that I have gotten the chance to go visit there and I don't know that I'm the only one, but I -- I tend to be lazy sometimes if I'm in a rush and I'm going to find a parking spot and I'm going to get to the main entrance, so I can get in there and -- and go talk to who I want to talk to. I imagine that you will probably have a lot of people who will look for the easiest way to get into the building. Can you talk a little bit about -- on the west side of the building it says service, but is that actually another main entrance into the building or is the main entrance that you want all pedestrian traffic to go into if they are visiting loved ones or family? Is it going to be the entrance on the east? Shirley: Well, we do have the service there. A little bit to the north of that there is another entrance that goes into some of the amenities that the facility offers. So, if you are familiar with the project you could enter back there and you would come into kind of a lounge, cafeteria, bistro area. There is also two doors that are just to the south of the project, so if you -- again, if you're familiar with the project you could enter through those doors and also there -- they have -- a little less accessible, but there are two doors to the north also. So, there are multiple points of entry. You can be lazy. It -- it works. Seal: Madam Chair? Perreault: Commissioner Seal. Seal: Just a question. I mean something that might help with that is just some signage -- some basic signage for the parking that's more designated for the cottages. Basically just letting people know that that's designated parking for the cottages. I don't know -- if there is any enforcement that would go along with that, but that way if Commissioner Holland decides she's going to visit there, she knows not to park in there. That -- that would be something that, you know, would be more of a recommendation and something we wouldn't probably put into the -- Perreault: So, we are -- we are not here to tell you how to design this. However, we -- we look at these applications, you know, frequently and we hear frequently from the public about the different concerns on -- on layout. So, we appreciate your patience with our questions about the specifics on this design. We realize that this isn't the set design and, then, that it might still be a bit conceptual. Can you talk to us about other layout ideas Meridian City Council Meeting Agenda October 17, 2019 – Page 34 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 32 of 38 that you have already reviewed and considered? Specifically have you considered bringing the -- the large building on the front and putting the cottages in the -- on the north side and the large building on the south side and running the public street up on the -- on the east? Shirley: We have gone through a lot of designs and, you know, it as been -- it has been mentioned before the access points on Eagle and Victory Road have been a huge driving force on this. We have kind of looked at rearranging things, but we -- ACHD does want us to have this public road cutting from south to north and so we have had to divide the residential the way we have, other than rotating it 90 degrees, because that -- that road has to go in there and we can't move that road any further to the west, because, then, it gets too close to the intersection and we can't move it any further to the east, because, then, we don't really have enough developable space. So, ACHD has been a pretty large driving force on this design. Even with the right-in, right-out that's -- that's been a pretty big discussion and this has been the -- the compromise. This is kind of what we have ended up with as the best case scenario for this project. Perreault: And has there been a consideration of putting the main entrance on the west side and, then, just having like a membership access entrance for the cottage dwellers? Shirley: We have had that conversation. The concern is sales. If people will arrive for the project for the very first time and the entrance is in the back, it's a lot harder to find, whereas if you're familiar with the project, you -- you know where to park and, then, you can enter the building. Perreault: Okay. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: Just a couple more comments for your consideration. Overall I really like what you guys have done here. I don't want to discount that. I think it's a well thought out plan. I think it's something that will fit really well in Meridian. It's a good place for it. I like the commercial mixed use concept. I think it will be a nice amenity. As you're looking at the site plan -- and, again, some of this is conceptual. My suggestion -- and, again, take it with a grain of salt, but if you were maybe to do some angled parking on the public connection road coming into the site or it doesn't take quite as much of a perpendicular space, perhaps you could relocate and reallocate some of that green space on the backside where you have some of that other parking and kind of balance it out a little bit. I just think you may end up having some challenges, too, with people that want visitor parking and if you label that just that as this is visitor parking for people who are coming to visit their -- their loved one or whoever it may be, that might be something that would help alleviate concerns once you get to Council, too. Shirley: Thank you. Meridian City Council Meeting Agenda October 17, 2019 – Page 35 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 33 of 38 Holland: Thanks. Perreault: Anymore questions for the applicant before we close again? Thank you very much for coming -- Shirley: Thanks for the opportunity. Hood: Madam Chair? Perreault: Commissioner -- oh, sorry. Caleb. Hood: I just wanted circle back on the condition location. It's development agreement provision A.1.F. It's on page 37. And you all probably don't have internet access either. It looks like it's down. But, again, it's development agreement provision A.1.F. I can read that to you if you would like. Perreault: That would be great. Hood: It currently states: The driveway access via South Eagle Road is restricted to a right-in, right-out access and is only allowed on a temporary basis until such time as the property to the north redevelops and an access driveway is constructed via South Eagle Road in alignment with East Moon Dipper Street to the north on the west side of Eagle Road. At such time the driveway access on this site via South Eagle Road shall be removed and the street buffer extended in place of the driveway. You simply could end that at the driveway access via South Eagle Road is restricted to right-in, right-out if you want to remove that temporary provision that's currently there. Perreault: Thank you. Could I get a motion to close the public hearing? Olsen: So moved. McCarvel: Second. Seal: Second. Perreault: It has been moved and seconded to close the public hearing for H-2019-0090. All those in favor say aye. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Perreault: So, I -- I am in favor with the proposal to leave that right-in, right-out. I don't see any downside to that at all at this point. Any other comments on that specific item? Olsen: Agreed. Meridian City Council Meeting Agenda October 17, 2019 – Page 36 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 34 of 38 Seal: I was trying to look through the -- because there was a note -- I mean we noted that, basically, it was an -- it may be an ACHD requirement, so if it's an ACHD requirement I don't know that we can -- we could probably comment that we would like to give them an exception or do we just asked for that exception? I mean how does that work for this? Perreault: We just do an amendment to the staff report subject to ACHD approval. Seal: All right. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: If I was going to write out a condition change I would just say something to the extent of removing the condition of the temporary access on Eagle's right-in, right-out and working with ACHD and future applicants if the property to the north develops to have cross-access and connectivity. I don't know if that works, but something like that where we encourage them to develop together, so that those roads connect internally and, then, they can share that access to the north as it comes in some day. Hood: Madam Chair, just one more thing on that. The next provision in the staff report actually addresses what you were going to add to that. That's why I say you simply could just leave that, because it goes on to say: An access easement shall be provided to the property owner to the north and so kind of covers a lot of that and you could -- you could restate that if you would like in that provision, work with ACHD, but that's really what the next condition already covers. Holland: Would you just restate, then, earlier what you said. We would need to do that motion to make it -- just all we need to do is remove everything after the -- Hood: Yeah. The driveway access via South Eagle Road is restricted to a right-in, right- out access. You could put a period right there. I will just read provision G, then, just -- it says: An access easement shall be provided to the property to the north in alignment with the north-south driveway on the east side of the future retail pads depicted on the site plan. A recorded copy of said easement shall be submitted to the planning division with the certificate of zoning compliance application for the adjacent development. So, that covers, again, that that -- then from that right-in, right-out one side comes into the site, continues onto the north and it's reciprocated in the future. Perreault: Anymore questions for staff? Are we at a point where somebody would like to make a motion? Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Meridian City Council Meeting Agenda October 17, 2019 – Page 37 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 35 of 38 Cassinelli: Before we make a -- before a motion comes out I just -- I'm going to show my cards here. I'm -- I got a huge problem with that. The more I look at it I got a huge problem with that roadway going north-south. I know they have worked with -- you know, they have -- this is not -- it doesn't sound like this is the applicant's first design and what they are -- and what they want, but it's what ACHD forced them into, but I have got a -- I have got a -- there is little we can do. I mean ACHD has pretty much said this is where you are putting the road and it's going north-south and it's going to access roads to the -- roads to the north. But I got to -- I just want to state my opposition to -- to that and I love ACHD. Perreault: Okay. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: A couple more comments to maybe help ease Commissioner Cassinelli's mind. I think with the north-south public road there, most likely that's going to be used for internal connectivity. I don't think that they would be allowed to continue it just as a straightaway into the development. They probably would curve it at some point into a parking lot and I would hope that ACHD would take that into consideration, but I think the one thing we could do to help that in the future, if -- if that isn't the case that we can effect, is to implement traffic calming and safety measures working with ACHD and staff to find something that would be appropriate to help with pedestrian connectivity there. I don't know if that helps. Cassinelli: A little. Perreault: Are you proposing that you add that as -- Holland: As a motion? Perreault: To the staff report. Holland: The only other thing, too, is do we need to -- on the -- working with the neighbors on the east boundary it was requested, Caleb, that they work with replacing the fence. Do we need to condition that or is that already in the staff report? Hood: Madam Chair, Commissioner Holland, I didn't check the staff report to see if that was already covered. I mean you could simply take the applicant up on their, you know, being in agreement to have that vinyl fence on the east side and, then, it's covered and we will add it as a condition if it's not already covered. Holland: So, we don't need to make that in the motion? Meridian City Council Meeting Agenda October 17, 2019 – Page 38 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 36 of 38 Hood: You don't have to. I heard -- I heard the developer commit to it and, again, it may already be covered, but if you want to just ensure that it's part of that you could add it as a condition as well. Cassinelli: Madam Chair? Sorry. Perreault: Commissioner Cassinelli. Cassinelli: Caleb, can we condition for traffic calming -- Hood: Again Madam Chair -- Cassinelli: -- on a public roadway? Hood: Madam Chair, again, you can add that condition. It's going to be subject, though, to ACHD design approval. So, you can add that. The way that I would word that, you know, would be to work with ACHD to provide traffic calming materials as they allow on that public street. You don't have to add that language, but, then, it's -- you know, what you really don't want to do is put them in an impossible position. If we have a condition that's hard and fast as there is traffic calming or you don't have a project and ACHD says there is no traffic calming, they don't have a project. Word it however you would like, but my recommendation would be leave them out, that ACHD -- subject to ACHD approval, because it's going to be their road. Holland: Caleb, could you condition that that it -- it's only required if the property to the north -- or if and when the property to the north -- it's hard to do, because, then, the development's already there by that point. Hood: Yeah. Madam Chair. I mean there is really two issues with that. One, you're retrofitting something and, two, you know, I don't know what their -- their whole scheme is to keep and manage and whatever here, but it could be -- you know, we don't have a hammer at that point to make them go back in and -- they have got certificate of occupancy and they are up and running a business, to remember in ten or 12 or 15 years that they are supposed to put in traffic calming in there. It will just get lost in the shuffle, quite honestly. Perreault: Even with the DA agreement? Hood: Yeah, but there is no trigger. Like we don't know to go back and look at another development agreement off site for a northern project to say, oh -- Perreault: Oh, I see what you're saying. Hood: -- now it's time for us to come -- Perreault: Okay. Meridian City Council Meeting Agenda October 17, 2019 – Page 39 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 37 of 38 Hood: -- to who knows who owns it at that point in time and say, oh, did you know you're on the hook to do -- we just won't -- Perreault: Okay. Hood: -- likely catch that condition. And maybe -- maybe our system is advanced and we don't miss those types of things in ten or 15 years, but right now that concerns me. Holland: Madam Chair? Perreault: Feel a little bit like this is peeling an onion tonight, uh. Holland: Yeah. Perreault: Commissioner Holland. Holland: I can throw something out there, unless there is any other discussion. Perreault: Please do. Holland: All right. After considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number H-2019-0090, as presented in the staff report for the hearing date of October 3rd, 2019, with the following modifications: That we modify condition A.1.F of the development agreement to just read that the driveway access is restricted to right-in, right-out access period and remove the temporary out of that. That we would ask the applicant to work with neighbors on the east boundary towards replacing the fence. That the applicant would work with staff and ACHD to implement traffic calming signage and/or safety measures to assist with pedestrian safety on the public road entering the site from Victory as allowed by ACHD design policy. Seal: I second. Perreault: It has been moved and seconded to recommend approval to City Council for a file number H-2019-0090 with the stated amendments. All those in favor say aye. None opposed? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Perreault: I will take the last motion of the night. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: I move we adjourn. Meridian City Council Meeting Agenda October 17, 2019 – Page 40 of 68 Meridian Planning & Zoning Commission October 3, 2019 Page 38 of 38 Holland: Second. Perreault: It has been moved and seconded to close closed the public hearing for October 3rd, 2019. All those in favor say aye. Motion carries. Goodnight. MOTION CARRIED: SIX AYES. ONE ABSENT. MEETING ADJOURNED AT 7:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ATTEST: ' By AdriQnne ather y, epi for Chris Joh son, City Clerk 10 1 F] 190`� DATE APPROVED CDAHOIDIAN*,---- ��W,IZ, PLANNING AND ZONING MEETING AGENDA October 3, 2019 Agenda Item Number: 3 A Item Title: Approve Minutes of September 19. 2019 Planning and Zoning Commission Meeting. Meeting Notes: 4,� I TEM SHEET C ouncil Agenda I tem - 3.A . Presenter: Estimated Time for P resentation: Title of I tem - Appr ove M inutes of S eptember 19, 2019 P lanning and Zoning C ommission M eeting AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 9/23/2019 Meridian City Council Meeting Agenda October 3, 2019 – Page 3 of 141 Meridian Planning & Zoning Commission September 19, 2019 Page 60 of 60 number H-2019-0086 as presented in the staff report for the hearing date of September 19th, 2019, with the following modification: That the applicant and staff would work with Public Works to see if there might be alternative compliance to the lighting issue and that they could have those conversations before this goes to City Council. Fitzgerald: Second. Perreault: Okay. It's been moved and seconded to recommend approval of Nick Estates Subdivision, H-2019-0086, with the stated modifications in the motion. All those in favor say aye. Motion carries. MOTION CARRIED:. SIX AYES. ONE ABSENT. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: I move we adjourn for the Thursday, September 19th, meeting. Fitzgerald: Second. Perreault: It has been moved and seconded to close the public hearing for September 19th, 2019. All those in favor say aye. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. MEETING ADJOURNED AT 9:02 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) L)kaf) - 1,3 1l J I P RREAULT - CHAIRMAN DATE APPROVE ATTEST: Adrienne VVeat erly, Deputy City Clerk for CHRIS J1 ON - CITY CLERK �/rE IDIZ IAN*,---- PLANNING AND ZONING MEETING AGENDA October 3, 2019 Agenda Item Number: 3 B Item Title: Findings of Fact, Conclusions of Law for TM Creek East Apartments (H-2019-0089) By SCS TM Creek and SCS Brighton, generally located 1/4 mile East of S. Ten Mile Rd., South of W. Franklin Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.B . Presenter: Estimated Time for P resentation: 0 Title of I tem - F indings of F act, C onclusions of L aw for T M Creek East Apartments (H-2019- 0089) by S C S T M Creek and S C S B righton, generally located ¼ mile east of S. Ten M ile Rd., south of W. F ranklin Rd. AT TAC HM E NT S: Description Type Upload D ate F indings F indings/Orders 9/27/2019 E xhibit A F indings/Orders 9/27/2019 Meridian City Council Meeting Agenda October 3, 2019 – Page 64 of 141 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0089 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Conditional Use Permit for a 235-unit Multi-Family Development on 8.3 Acres of Land in the R-40 Zoning District for TM Creek East Apartments, Generally Located East of S. Ten Mile Road and South of W. Franklin Road, by Brighton Investments, LLC. Case No(s). H-2019-0089 For the Planning & Zoning Commission Hearing Date of: September 19, 2019 (Findings on October 3, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 19, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 19, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 19, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 19, 2019, 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 Meridian City Council Meeting Agenda October 3, 2019 – Page 65 of 141 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0089 Page 2 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 September 19, 2019, 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 conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of September 19, 2019, 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. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff report for the hearing date of September 19, 2019 Meridian City Council Meeting Agenda October 3, 2019 – Page 66 of 141 PLy action of the Planning & Zoning Commission at its regular meeting held on the r day of 2019. COMMISSIONER JESSICA PERREAULT, CHAIRPERSON VOTED COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED COMMISSIONER RHONDA MCCARVEL VOTED COMMISSIONER ANDREW SEAL VOTED COMMISSIONER LISA HOLLAND VOTED�� COMMISSIONER WILLIAM CASSINELLI VOTED_ COMMISSIONER REID OLSEN VOTED Jess' ere lt, Chairperson Adrienne/Weather y -I ,D-eputy City Clerk for Ch"ridJohnson, City Clerk 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: �JG' Dated:_ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0089 Page 3 EXHIBIT A Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 9/19/2019 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: TM Creek East Apartments H-2019-0089 PROPERTY LOCATION: The site is generally located ¼ mile east of S. Ten Mile Rd. and south of W. Franklin Rd., in the NW ¼ of Section 14, Township 3N., Range 1W. I. PROJECT DESCRIPTION The Applicant has submitted an application for a conditional use permit (CUP) for a multi-family development consisting of 235 residential dwelling units on 8.3 acres of land in the R-40 zoning district. Alternative Compliance is requested to UDC 11-3A-19B.3a in regard to parking standards; and to UDC 11-4-3-27B.3 pertaining to private usable open space standards. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 8.3 Future Land Use Designation Mostly HDR with a small portion MU-C (TMISAP) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Multi-family development Current Zoning R-40 Proposed Zoning NA Physical Features (waterways, hazards, flood plain, hillside) Ten Mile Creek runs along north boundary of site Neighborhood meeting date; # of attendees: 07/25/2019; 1 attendee History (previous approvals) AZ-03-015 (DA #114045759), PP-13-030 (TM Creek); H- 2015-0018 [AZ (DA #2016-037777), MDA TM Creek East]; H-2016-0067 (TM Creek MDA #2016-073497) Meridian City Council Meeting Agenda October 3, 2019 – Page 68 of 141 Page 2 B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) Yes  Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access is proposed via (1) access via S. Wayfinder Ave. & (2) accesses via W. Cobalt Ave., both collector streets Water Distance to Water Services 0 feet Pressure Zone 2 Estimated Project Water ERU’s See application Water Quality This phase of the development will result in a long dead-end water main, which may result in poor water quality. Future development to east will eliminate this dead-end and correct this potential problem. Project Consistent with Water Master Plan Yes Impacts/Concerns Long dead-ends to service and fire lines will lower water quality and fire flow. Suggest continuing water main to east to loop back into Cobalt. Cobalt Avenue water main improvements need to be completed for this development to have access to water. COMPASS (Communities in Motion 2040 2.0) Mixed Use (CIM Vision Category); 235 new households; 0 new jobs; does not exceed CIM forecast Fire Service  Distance to Fire Station 2 miles  Fire Response Time 5 minutes (under ideal conditions)  Resource Reliability 81% (does not meet targeted goal of 85% or greater)  Risk Identification 2 (current resources would not be adequate to supply service)  Accessibility Meets all requirements  Special/resource needs Aerial device required (can meet this requirement)  Water Supply 5,250 gal./minute for 2 hours Police Service No comments received West Ada School District  Distance (elem, ms, hs) 1.7 miles (Peregrine Elementary); 2.5 miles (Meridian Middle); 1.6 miles (Meridian High)  Capacity of Schools Currently under capacity [650 (Peregrine Elementary); 1,250 (Meridian Middle); 2,400 (Meridian High)]  # of Students Enrolled 552 (Peregrine Elementary); 1,243 (Meridian Middle); 2,080 (Meridian High) Wastewater  Distance to Sewer Services 0 feet  Sewer Shed 2 – South Black Cat Trunkshed  Estimated Project Sewer ERU’s See application  WRRF Declining Balance 13.69  Project Consistent with WW Master Plan/Facility Plan Yes Meridian City Council Meeting Agenda October 3, 2019 – Page 69 of 141 Page 3 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant SCS TM Creek & SCS Brighton – 2929 W. Navigator, #400 – Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Michael D. Wardle, Brighton Corporation – 2929 W. Navigator, #400, Meridian, ID 83642 Meridian City Council Meeting Agenda October 3, 2019 – Page 70 of 141 Page 4 IV. NOTICING A. Newspaper notification published on: 8/30/2019 B. Radius notice mailed to properties within 300 feet on: 8/27/2019 C. Applicant posted notice on site on: 9/4/2019 D. Nextdoor posting: 8/27/2019 V. STAFF ANALYSIS Applications: Conditional Use Permit (CUP): A CUP is required for a multi-family development in the R-40 zoning district per UDC Table 11- 2A-2 and per provision #5.1u in the Development Agreement (Inst. #2016-037777). The proposed development consists of 235 residential dwelling units (apartments) on 8.3 acres of land in the R-40 zoning district. This is the second phase of multi-family apartments in the TM Creek development. This project is proposed to be constructed in one phase with staged occupancy as shown in Section VII.A. Alternative Compliance (ALT): Alternative Compliance is requested to the parking standard listed in UDC 11-3A-19B.3a; and to the private open space standard listed in UDC 11-4-3-27B.3. Explanations of the Applicant’s proposal are included below under the applicable sections. A. Development Agreement: Development of the property is subject to the terms of the recorded Development Agreement(s) for this property (#114045759 and subsequent addendums #2016-037777 and #2016-073497). The subject property is required be subdivided prior to issuance of any building permits for this site per provision #5.1w of the Development Agreement (Inst. #2016-037777). See the DA for a complete list of provisions applicable to development of this site. B. Existing Structures/Site Improvements: None C. Existing Zoning R-40 D. Proposed Use Multi-family development consisting of 235 residential (apartment) units consisting of a mix of studio (35), 1-bedroom (100), 2-bedroom (92), and 3-bedroom (8) units at a gross & net density of 28.3 units per acre. Square footages (s.f.) of the unit types are as follows: studio units – 512 s.f.; 1-bedroom units – 685 s.f.; 2-bedroom units – 1,036 s.f.; and 3-bedroom units – 1,265 s.f. E. Site Plan: A site plan was submitted showing how the site is proposed to develop with structures and associated parking and access driveways (see Section VII.A). Meridian City Council Meeting Agenda October 3, 2019 – Page 71 of 141 Page 5 F. Landscape Plan: A landscape plan was submitted showing how the site is proposed to be landscaped (see Section VII.B). G. Building Elevations: Conceptual building elevations were submitted for the three (3) proposed 4-story structures as shown in Section VII.D. Building material are proposed to consist of hardicoat stucco in two (2) colors (light and dark gray) and 3x3x10 king size running bond brick veneer (red/gray) with a pre-finished metal parapet cap (dark bronze). Final design is required to comply with the design standards listed in the Architectural Standards Manual and the guidelines in the Ten Mile Interchange Specific Area Plan. The building elevations submitted with the Certificate of Zoning Compliance and Design Review applications should be consistent with those standards and guidelines. H. Dimensional Standards: 11-2A-8 All development must comply with the dimensional standards of the R-40 zoning district listed in UDC Table 11-2A-8. The height of the structures at 48’6” at the tallest points comply with the maximum building height allowed in the district of 60 feet. When the property is subdivided, the proposed structures should comply with the setback standards. Street buffers will be required to be constructed with the subdivision improvements. I. Access: 11-3A-3 Access is proposed to be provided via one (1) access via S. Wayfinder Ave. and two (2) accesses via W. Cobalt Ave., both collector streets, which run along the west and south boundaries of the site. The Ten Mile Creek runs along the north boundary of the site; because access across the creek is proposed via Wayfinder Ave., another access is not required on this site. Access via a local street is not available to this site. A cross-access easement should be granted to the adjacent property to the east in accord with UDC 11-3A-3A.2 via a note on the plat and/or a separate recorded agreement. UDC 11-3A-3 limits access points to collector streets to ensure motorists can safety enter all streets. Therefore, Staff recommends the easternmost access via W. Cobalt Dr. is removed and only one access is allowed via W. Cobalt Ave unless otherwise waived by Council. J. Floodplain: A portion of this site along the Ten Mile creek is located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District, the Applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis. K. Specific Use Standards: The proposed use is subject to the following standards: (Staff’s analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Multi-family developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this section. A. Purpose: Meridian City Council Meeting Agenda October 3, 2019 – Page 72 of 141 Page 6 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. B. Site Design: 1. Buildings shall provide a minimum setback of ten 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. Complies 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; all proposed transformer/utility vaults 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 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. Alternative Compliance is requested to provide zero or a lesser amount of private open space than required, as follows: 0 for studio units; 76 s.f. for 1-bedroom units; 67 s.f. for 2-bedroom units; and 81 s.f. for 3-bedroom units. As an alternative, the Applicant proposes site amenities above the minimum requirements coupled with innovative new urban design with an emphasis on integrated internal open space, facilities and access to the Ten Mile Creek regional pathway system. Because the proposed design includes design features consistent with “new urbanism” and promotes walkable and mixed use neighborhoods with access to the adjacent regional pathway along the Ten Mile creek and a vast amount of open space, the Director finds the Applicant’s proposal to be sufficient and approves the Alternative Compliance request as proposed. 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. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. 7. Developments with twenty (20) units or more shall provide the following: a. A property management office. Meridian City Council Meeting Agenda October 3, 2019 – Page 73 of 141 Page 7 b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773, 4-24-2018) The site plan submitted with the Certificate of Zoning Compliance application should depict these items. C. Common Open Space Design Requirements: 1. 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. Not applicable 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. 227 units are between 500 and 1,200 s.f.; therefore, a total of 56,750 s.f. (or 1.3 acres) of common open space is required for these units. c. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area. 8 units contain more than 1,200 s.f.; therefore, 2,800 s.f. (or 0.06 of an acre) of common open space is required for these units. At a minimum, a total of 59,550 s.f. (or 1.37 acres) of outdoor common open space is required to be provided in the proposed development. A total of 2.25 acres (or 27.1% of the site) is proposed to be provided as shown in Section VII.C in excess of the minimum standards. Although some of the area (i.e. street buffers along collector streets) counted does not qualify, the area that does qualify far exceeds the minimum standards. 2. 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 central common area/courtyard complies with this requirement. 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to be developed in one (1) phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet (4') in height, with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4- 2009) As mentioned above, the buffers along collector streets do not count toward the qualified open space required for the development. D. Site Development Amenities: 1. All multi-family 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. Meridian City Council Meeting Agenda October 3, 2019 – Page 74 of 141 Page 8 (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet (50 x 100') in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty (20) units, two (2) amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty (20) and seventy five (75) units, three (3) amenities shall be provided, with one from each category. c. For multi-family development with seventy five (75) units or more, four (4) amenities shall be provided, with at least one from each category. d. For multi-family 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 235 proposed units, a minimum of 4 amenities are required; however, the decision making body is authorized to consider other improvements in addition to those provided. The following amenities are proposed from the quality of life, open space and recreation categories: a clubhouse with a 24-hour resident lounge, full kitchen, entertainment area, game area, 24-hour fitness center featuring Rogue equipment, a work room and wi-fi throughout all amenity areas; and outdoor amenities as follows: a resort style swimming pool & year-round spa, poolside patio & grilling area, several shade structures, pool lounge, ping pong/lounge area, yoga and fireside seating. Access to the multi-use pathway adjacent to the north boundary of the site along the Ten Mile creek is also proposed. The proposed amenities exceed the minimum UDC requirements. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. Meridian City Council Meeting Agenda October 3, 2019 – Page 75 of 141 Page 9 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 feet (3') wide. b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty four inches (24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan should be revised to include landscaping as required. 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. (Ord. 16-1672, 2-16-2016) The Applicant shall comply with this requirement. L. Parking: (11-3C-6 & 11-3A-19) Per UDC Table 11-3C-6 for multi-family developments, the minimum number of off-street parking spaces are required to be provided: 1-bedroom units require 1.5 spaces per dwelling unit with at least one of those in a covered carport or garage; and 2- and 3-bedroom units require 2 spaces per unit with at least one in a covered carport or garage. Based on 35 studio and 100 1-bedroom units; and 100 2- and 3-bedroom units, a minimum of 235 covered carport or garage spaces and 168 uncovered parking spaces should be provided for a total of 403 spaces. A total of 415 spaces are proposed, consisting of 235 covered spaces (48 garage & 187 carport spaces) and 180 uncovered spaces, in excess of the minimum UDC standards; a total of 12 extra spaces are proposed. Although extra spaces are proposed, Staff is concerned that even more uncovered spaces should be provided to accommodate parking for guests and residents who use their garages for storage instead of parking. Therefore, Staff recommends the site area is expanded to include the “notched out” area at the southeast corner of the site and additional parking is provided in that area. Parking spaces are required to be 19’ long x 9’ wide; when a bumper overhangs onto a sidewalk or landscaped area, the parking stall dimensions may be reduced 2’ in length if 2’ is added to the width of the sidewalk or landscaped area planted in ground cover per UDC 11-3C-5B.4 or wheel stops may be provided to prevent vehicle overhang beyond the designated parking stall dimensions. The plans should be revised to comply with this standard. UDC 11-3A-19B.3a states no more than 50% of the total off-street parking area for the site shall be located between building facades and abutting streets. Where parking cannot comply with this standard, the UDC requires screening by berms, landscaping walls, architectural elements, or a combination of these elements is provided to produce an appropriate buffer adjacent to public spaces and roadways per UDC 11-3A-19B.3f. All of the parking on the site is between the adjacent collector streets and the structures. The Applicant requests Alternative Compliance to this standard. The justification for the request is that by providing parking on the periphery of the site adjacent to the abutting collector streets it provides an opportunity for a far greater amount of usable common open space to be provided centrally within the development. As an alternative means of compliance to UDC 11-3A-19B.3a, the Applicant proposes berming within the street buffers along the adjacent collector streets and garages that back up to the street buffers which will assist in screening the parking areas from the streets. The Director is amenable to the proposed alternative compliance as it provides an equal or superior means of meeting the intent of the standard. Meridian City Council Meeting Agenda October 3, 2019 – Page 76 of 141 Page 10 Bicycle parking is required to be provided in accord with the standards listed in UDC 11-3C-6C and G. A minimum of 17 spaces is required; a total of 33 spaces are proposed – 8 exterior spaces and 25 interior secured spaces, in accord with UDC standards. Exterior bike racks only appear to be shown in two locations, one at the south ends of each buildings on the east & west sides of the development; Staff recommends a minimum of two (2) racks are provided for each building (one at each end) and in the central common area. M. Sidewalks: Five-foot wide detached sidewalks are proposed outside of the site boundary adjacent to the collector streets along the west and south boundaries. N. Pathways: A short segment of the 10-foot wide multi-use pathway along the south side of the Ten Mile creek is proposed at the northwest corner of the site. Staff recommends additional pedestrian pathways are provided to the north boundary of this site for connection to the multi-use pathway planned off-site along the Ten Mile creek – one from the sidewalk in front of the eastern apartment building and at least one (1) from the central common area. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks per UDC 11-3A- 19B.4b; the landscape plan should be revised to comply with this requirement. O. Landscaping Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11- 3B-8C. A perimeter landscape buffer is required along the east boundary of the site; landscaping is not depict on the plan. The planting area in planter islands is required to be a minimum of 5’ measured inside curbs; some of the planter areas appear to be less than 5’. All planter islands that serve a single row of parking should be landscaped with at least one tree and be covered with low shrubs, lawn or other vegetative groundcover. The landscape plan should be revised accordingly. A 20-foot wide street buffer is required with development of the subdivision along S. Wayfinder Ave. and W. Cobalt Dr., both collector streets, landscaped per the standards listed in UDC 11- 3B-7C. P. Waterways: The Ten Mile creek runs off-site along the north boundary of this site and should be protected during construction. Q. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. Fencing is not depicted on the landscape plan. R. Utilities All utilities for the proposed use are required to be installed at or below grade in accord with the City’s adopted standards, specifications and ordinances. The proposed development is required to connect to the City water and sewer systems, unless otherwise approved by the City Engineer. (See UDC 11-3A-21) Meridian City Council Meeting Agenda October 3, 2019 – Page 77 of 141 Page 11 S. Certificate of Zoning Compliance & Design Review: Prior to submittal for building permits, a Certificate of Zoning Compliance and Design Review application is required to be submitted and approved by the Planning Division. Plans submitted with those applications should comply with the conditions of approval in Section VIII of this report. Prior to submittal of these applications, a subdivision is required to be recorded that contains this property. VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit and alternative compliance requests with the conditions in Section VIII of this report. B. The Meridian Planning & Zoning Commission heard this item on September 19, 2019. At the public hearing, the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing: a. In favor: Mike Wardle b. In opposition: None c. Commenting: John Gabrielsen d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. b. c. Lighting and visibility of the internal open space areas. Transportation improvements in the Ten Mile area (e.g. timing of signals and construction of additional roadways). Timing of water main extensions to ensure adequate water pressure and water quality. 3. Key issue(s) of discussion by Commission: a. b. c. d. e. f. g. h. Fire Department’s comments regarding response times to the proposed development. Updated traffic study from ACHD; Ten Mile Road currently operating at capacity. Timeframe for the completion of Fire Station No. 6. Traffic calming on S. Wayfinder Ave.where the Ten Mile pathway intersects the roadway and proximity of the access of the proposed apartment complex to the pathway crossing. Services not keeping up with the growth. Providing housing options near place of employment. Delineating the private open space of the development from the public area along the Ten Mile Creek pathway corridor. Connection of S. Wayfinder Ave. from W. Cobalt Dr. to S. Vanguard Way. 4. Commission change(s) to Staff recommendation: a. b. c. d. e. Commission struck site specific condition 3h. and 8. Commission modified site specific condition No. 10 and required a final plat to be recorded prior to obtaining certificate of occupancy of the first structure on the site. Commission added a new site specific condition of approval that the applicant coordinate with ACHD on traffic calming at the Ten Mile pathway crossing. Commission’s preference that the applicant construct S. Waywinder Ave. from W. Cobalt Dr. to S. Vanguard Way prior to issuance of occupancy of the first structure. Commission’s preference that Fire Station No. 6 be operational prior to occupancy of the first structure. Meridian City Council Meeting Agenda October 3, 2019 – Page 78 of 141 Page 12 VII. EXHIBITS A. Site Plan (dated: 7/31/2019) & Staged Occupancy Plan Meridian City Council Meeting Agenda October 3, 2019 – Page 79 of 141 Page 13 Meridian City Council Meeting Agenda October 3, 2019 – Page 80 of 141 Page 14 Meridian City Council Meeting Agenda October 3, 2019 – Page 81 of 141 Page 15 B. Landscape Plan (dated: 7/30/2019) Meridian City Council Meeting Agenda October 3, 2019 – Page 82 of 141 Page 16 C. Qualified Open Space Exhibit (dated: 7/31/19) Meridian City Council Meeting Agenda October 3, 2019 – Page 83 of 141 Page 17 D. Building Elevations (dated: 6/27/2019) & Floor Plans Meridian City Council Meeting Agenda October 3, 2019 – Page 84 of 141 Page 18 Meridian City Council Meeting Agenda October 3, 2019 – Page 85 of 141 Page 19 Meridian City Council Meeting Agenda October 3, 2019 – Page 86 of 141 Page 20 Meridian City Council Meeting Agenda October 3, 2019 – Page 87 of 141 Page 21 Meridian City Council Meeting Agenda October 3, 2019 – Page 88 of 141 Page 22 VIII. CITY/AGENCY COMMENTS A. Planning Division 1. Future development of this site shall comply with the provisions in the Development Agreement (AZ-13-015, Inst. #114045759) and amended Development agreements (H- 2015-0018, Inst. #2016-037777; and H-2016-0067, Inst. #2016-073497) and the conditions contained herein. 2. The Developer/Owner shall comply with the specific use standards listed in UDC 11-4-3- 27, Multi-Family Development except as approved through Alternative Compliance with this application. The Director approved the Applicant’s request for Alternative Compliance to the private usable open space standard listed in UDC 11-4-3-27B.3 to allow zero or a lesser amount of private usable open space as follows: 0 for studio units; 76 s.f. for 1-bedroom units; 67 s.f. for 2-bedroom units; and 81 s.f. for 3-bedroom units. 3. The site/landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. All street facing elevations shall have landscaping along their foundation in accord with the standards listed in UDC 11-4-3-27E as follows: 1) the landscaped area shall be at least three feet (3') wide; 2) for every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty four inches (24") shall be planted; and 3) ground cover plants shall be planted in the remainder of the landscaped area. b. Depict a 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 as set forth in UDC 11-4-3- 27B.7. c. 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. d. Depict additional pedestrian pathways to the north boundary of this site for connection to the multi-use pathway planned along the south side of the Ten Mile creek [i.e. one from the sidewalk in front of the eastern apartment building and at least one (1) from the central common area]. e. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks per UDC 11-3A-19B.4b. f. Parking lot landscaping shall be depicted in accord with the standards listed in UDC 11-3B-8C. A landscaped perimeter buffer is required along the east boundary; the planting area in planter islands is required to be a minimum of 5’ measured inside curbs; all planter islands that serve a single row of parking shall be landscaped with at least one tree and be covered with low shrubs, lawn or other vegetative groundcover. g. Parking spaces shall be 19’ long x 9’ wide; when a bumper overhangs onto a sidewalk or landscaped area, the parking stall dimensions may be reduced 2’ in length if 2’ is added to the width of the sidewalk or landscaped area planted in Meridian City Council Meeting Agenda October 3, 2019 – Page 89 of 141 Page 23 ground cover per UDC 11-3C-5B.4 or wheel stops may be provided to prevent vehicle overhang beyond the designated parking stall dimensions. h. Remove the easternmost driveway via W. Cobalt Dr. in accord with UDC 11-3A-3, which limits access points via collector streets, unless otherwise waived by City Council. i. Expand the site area to include additional parking for guests in the “notched out” area at the southeast corner of the site. j. Depict berming within the street buffers along the collector streets as proposed with the request for Alternative Compliance to the standard listed in UDC 11-3A-19B.3a. k. Provide a minimum of two (2) bicycle racks for each multi-family building (one at each end) and in the central common area. 5. Revise the qualified open space exhibit included in Section VII.C to exclude the area in the collector street buffers. 6. 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 as set forth in UDC 11-4-3-27F. A recorded copy of said documents shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 7. A cross-access easement shall be granted to the adjacent property to the east in accord with UDC 11-3A-3A.2 via a note on the plat and/or a separate recorded agreement. 8. Prior to any development occurring within the Overlay District, the Applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis. 9. The site layout and structures shall be designed to comply with the Structure and Site Design Standards listed UDC 11-3A-19 (except as approved by the Director through Alternative Compliance), the multi-family residential design standards listed in the Architectural Standards Manual, and the design guidelines in the Ten Mile Interchange Specific Area Plan except as approved through Alternative Compliance with this application. The Director approved the Applicant’s request for Alternative Compliance to 11-3A-19B.3a – The applicant shall provide berming within the street buffers along the abutting collector streets and garages that back up to the buffer for screening of the parking areas from the street as proposed. 10. The subject property shall be subdivided prior to issuance of occupancy of the first structure on the site any building permits for this site per requirement of the Development Agreement (Inst. #2016-037777). 11. A Certificate of Zoning Compliance and Design Review application(s) is required to be submitted to the Planning Division and approved prior to submittal of building permit applications. 12. The applicant shall coordinate with ACHD on traffic calming at the Ten Mile pathway crossing where it intersects S. Wayfinder Ave. 13. Applicant should attempt to construct S. Wayfinder Ave. from W.Cobalt Dr. to S. Vanguard Way prior to issuance of occupancy of the first structure on the site. Meridian City Council Meeting Agenda October 3, 2019 – Page 90 of 141 Page 24 14. The applicant should coordinate the completion of Fire Station No. 6 with obtaining occupancy of the first structure on the site. B. Public Works Department 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 8 ½” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 3. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled 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. 4. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 5. 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. 6. Street signs are to be in place, water system shall be approved and activated, and at a minimum, a compacted gravel road base shall be in place prior to applying for building permits. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Meridian City Council Meeting Agenda October 3, 2019 – Page 91 of 141 Page 25 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-12-3H. 13. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 14. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 15. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 16. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Meridian Fire Department http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=176157 D. West Ada School District http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=176130 E. Department of Environmental Quality (DEQ): http://weblink.meridiancity.org/weblink8/0/doc/176396/Page1.aspx F. Community Planning Association of Southwest Idaho http://weblink.meridiancity.org/weblink8/0/doc/176893/Page1.aspx G. Central District Health Department http://weblink.meridiancity.org/weblink8/0/doc/176948/Page1.aspx H. Ada County Highway District (ACHD): http://weblink.meridiancity.org/weblink8/0/doc/176985/Page1.aspx IX. FINDINGS A. Conditional Use Permit (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. Meridian City Council Meeting Agenda October 3, 2019 – Page 92 of 141 Page 26 The Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 district (see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent with the TMISAP future land use map designations of MU-C and HDR and is allowed as a conditional use in UDC Table 11- 2A-2 in the R-40 zoning district. Further, the Commission finds the proposed high density residential use and tall structures proposed adjacent to a MU-C designated area with a pedestrian oriented design to be consistent with the Comprehensive Plan for HDR designated areas. 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 this area and with the intended character of the Ten Mile Interchange 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 will not adversely affect other property in the area. The Commission did weigh in on all 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. The Commission finds that essential public services are available to this property and that the use will be adequately served by these facilities. 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. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. 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 use will not be detrimental to any persons, property or the general welfare of the area. Meridian City Council Meeting Agenda October 3, 2019 – Page 93 of 141 Page 27 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 that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. B. Alternative Compliance (UDC 11-3A-19.2A) In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR While it’s feasible for the applicant to comply with UDC standards pertaining to private open space and parking standards, the Director finds the development offers an improved design as proposed. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the design proposed by the applicant, which incorporates “new urbanism” design features that promote walkable and mixed use neighborhoods and provides a vast amount of open space, provides an equal or superior means for meeting the requirements. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use/character of the surrounding properties and will actually contribute to the character and mixed use neighborhood in this area of the City. Meridian City Council Meeting Agenda October 3, 2019 – Page 94 of 141 CIDIAN*,----- �wlIZ I DAHJ PLANNING AND ZONING MEETING AGENDA October 3, 2019 Agenda Item Number: 4 A Item Title: Fire Department Presentation: Response Times, Station Reliability and other reports. Meeting Notes: Som . I TEM SHEET C ouncil Agenda I tem - 4.A . Presenter: J oe Bongiorno Estimated Time for P resentation: Title of I tem - F ire Department: Presentation on Response T imes, Station Reliability, and Other Reports Meridian City Council Meeting Agenda October 3, 2019 – Page 95 of 141 The Meridian Fire Department Staff Report What does it mean? Deputy Chief Joe Bongiorno Fire response Time •Fire Response Time Travel time from nearest fire station (level of service expectation goal = 5 minutes) •(EXAMPLE): This development is 6:00 minutes (under ideal conditions) from the nearest fire station –Fire Station 1. This fire station is approximately X miles from the project. If approved, the Fire Department cannot meet the response time goals. •I have been adding notes if it is near Station 6 to show if the proposed project will have better response times. Resource Reliability •Resource reliability Current reliability of closest fire station (Reliability Goal is 85% or greater) •(EXAMPLE): This development is closest to Fire Station #1. Current reliability is 63% from this station and does not meet the targeted goal of 85% or greater. Resource Reliability July 2018 to Dec 2018 June 2019 to Sept 30, 2019 Risk Identification •Risk Identification Risk Factor (1=residential, 2=residential with hazards, 3=commercial, 4=commercial with hazards, 5=industrial) •(EXAMPLE): This proposed commercial development has a risk factor of 4, in which current resources would not be adequate to supply service to this propose project. Risk factors include fire fighting in multi-story buildings and a large gathering of people in a single location. This entails a greater risk for the occupants as well as first responders. Fire, life safety systems and occupant training are critical for this development. Other hazards may be found once the development is completed. Accessibility •Accessibility Roadway Access, traffic •(EXAMPLE): This project meets all required access, road widths and turnarounds. •Typical issues found: •Cul-d-sacs are not proper size •Block Lengths are too long •Over 30 homes with only one access •Over 200 apartments with one access •Accesses too close together –need ½ the diagonal of the property apart Specialty/Resource Needs •Specialty/Resource needs •Aerial device needed for development (more than 30’ in height)? •If yes, is one available within a 12 minute travel time goal •(EXAMPLE): This proposed project will require an aerial device. The closest truck company is 6 minutes travel time (under ideal conditions) to the proposed development, and therefore the Fire Department can meet this need in the required timeframe if a truck company is required. This fire station is approximately miles from the project •Other specialty needs (water rescue, hazmat, and technical rescue)? •If yes, is one available within a 5 minute travel time? •In the event of a hazmat event, there will need to be mutual aid required for the development. In the event of a structure fire an additional truck company will be required. This will require additional time delays as they are not available in the city. Water Supply •Water Supply (list expectations) •(EXAMPLE): Water supply for this proposed development requires 1500 gallons per minute for two hours. (Approximate – see appendix B of the 2015 International Fire Code) The fire flow requirements may be less if the building is fully sprinklered. Other Comments •Project specific comments are listed below. •***All IFC code sections per 2015 IFC or as noted*** Station 6 •Station 6 is slated to open March 2020 Station 7/8 •The fire district currently owns land across the street from the regional park on Lake Hazel •We are working with developers on 3.7 acres in the Gander Creek Subdivision near Owyhee High School •The next station is slated in the 10 year CIP to be built in 2023 •Which is first? Questions? EIDIANh-- PLANNING AND ZONING MEETING AGENDA October 3, 2019 Planning and Zoning Public Hearing Outline and Presentations Meeting Notes: Changes to Agenda: • Item #5A: Goddard Creek Townhomes (H-2019-0068) – Applicant has submitted a request for continuance to Oct. 24th due to failure to submit a notarized Affidavit of Posting to the City within the required 7 day timeframe prior to the hearing as set forth in UDC 11-5A-6D.4. Item #5B: Inglewood Place (H-2019-0090) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat ➢ (2) Conditional Use Permits Size of property, existing zoning, and location: This site consists of 8.84 acres of land, zoned RUT in Ada County, located at the NEC of S. Eagle Rd. and E. Victory Rd. Adjacent Land Use & Zoning: North: (1) SFR rural residential/ag property, zoned RUT in Ada County East: SFR (Sutherland Farm Sub.), zoned R-4 West: S. Eagle Rd. and SFR, zoned R-8 and R1 in Ada County South: E. Victory Rd., commercial and SFR, zoned C-C and R-4 Comprehensive Plan FLUM Designation: MU-C Summary of Request: Annexation and zoning is requested of 10.29 acres of land with C-C (3.76 acres) an R-15 (6.53 acres) zoning districts. A conceptual site plan was submitted showing how the site is proposed to develop with a mix of commercial retail (3 pad sites) and office (12,300 s.f.) uses, a nursing/residential care facility and senior age restricted (55+) cottages (i.e. multi-family) consistent with the MU-C FLUM designation. A preliminary plat is proposed to subdivide the property consisting of 8 building lots & 1 common lot; the plat is proposed to develop in 2 phases with the residential portion developing first on the east side of the site. One (1) right-in/right-out access is proposed via S. Eagle Rd. and one (1) full access is proposed via E. Victory Rd. with the provision of a new north/south local public street which will stub to the north boundary for future extension & interconnectivity. Staff recommends the access via Eagle Rd. is only allowed on a temporary basis until such time as the property to the north redevelops and an access driveway can be constructed in alignment with E. Moon Dipper St. on the west side of Eagle Rd. At such time, the driveway access should be removed and the landscape buffer along Eagle Rd. extended. Additionally, an access easement should be provided to the property to the north and the driveway along the east side of the retail pads extended to the north boundary for future interconnectivity and access via Eagle Rd. through the property to the north. A 25’ wide street buffer along Eagle & Victory Rds. & a 25’ buffer to the residential use to the north on the C-C zoned portion of the site is required. The McDonald Lateral crosses the SWC of this site and is proposed to be piped. There is an existing 15’ wide ingress/egress easement that runs along the northern boundary of this site benefitting the adjacent property owner that is required to be preserved. An attached sidewalk exists along Eagle Rd. and along Victory Rd. on the portion of the site nearest the intersection; a detached sidewalk is proposed where none exists along the remainder of the frontage along Victory to the east boundary. In mixed use developments, public/quasi-public spaces & places are required to make up a minimum of 5% of the development area; none of these types of spaces are proposed. Therefore, Staff is recommending as a DA provision that these spaces are provided within the commercial portion of the development with buildings arranged to create common usable area such as a plaza or green spaces in accord with the Comprehensive Plan. A CUP is proposed for a MFR residential development consisting of 14 dwelling units on 1.91 acres of land in the R-15 zoning district - (7) duplex style single-level structures are proposed for age restricted 55+ independent living senior cottages. A minimum of 0.10 of an acre of qualified open space is required to be provided within the development; a total 0.29 of an acre is proposed, exceeding UDC standards. Site amenities are proposed consisting of a gazebo & BBQ area in accord with UDC standards; this development will also have access to the amenities located in the adjacent nursing/residential care facility. Off-street parking is proposed in excess of UDC standards – a total of 14 covered spaces & 11 uncovered spaces are required; 14 garage spaces, 14 driveway spaces & 25 surface parking spaces are proposed for a total of 14 extra spaces. Another CUP is proposed for a “nursing or residential care facility” on 3.48 acres of land in the R-15 zoning district consisting of 86 dwelling units. The proposed structure varies in height from 2 to 3-stories and will house 46 independent living, 30 assisted living and 10 memory care units. Parking is proposed in excess of UDC standards – a minimum of 43 spaces are required, a total of 84 spaces are proposed consisting of 23 garage spaces & 61 surface/uncovered spaces. Conceptual building elevations were submitted for the residential care facility which varies from 2 to 3 stories in height & the single- level duplex-style senior cottages. Conceptual elevations for the 12,300 s.f. 3-story office structure & the commercial retail pads proposed along Eagle Rd. were also submitted. The commercial structures are required to incorporate some of the same or similar design elements and construction materials as the residential development to unify the development. All structures on the sit e are required to comply with the design standards listed in the Architectural Standards Manual and obtain Design Review approval with the CZC. Written Testimony: • Jon & Juanita Sharp (property owners directly to the north) – they have a 15’ wide ingress/egress easement for access to the east end of their property that lies on the subject property along the north boundary; they’re requesting the easement area be free of any curbing and landscaping and that all buildings, berming & landscaping be set back so as not to interfere with their easement. The landscape plan depicts a driveway on the west end of the site to the Sharp’s garage, corral & field but depicts landscaping & a pathway within the remainder of the easement area to the east boundary; a fence is also depicted along the north boundary of the site which will interfere with their access. To ensure this easement & access is not affected by development of this site, Staff recommends condition of approval #A.3e in Section VIII of the staff report is modified as follows: “Depict the existing 15-foot wide ingress-egress easement along the northern boundary of the site free of trees and bushes (grass is allowed) and pedestrian walkways; fencing shall not restrict access to the easement and its purpose.” • John Carpenter (Applicant’s Representative) – in agreement w/staff report Staff Recommendation: Approval with the requirement of a DA & the conditions 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- 2019-0090, as presented in the staff report for the hearing date of October 3, 2019, 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-2019- 0090, as presented during the hearing on October 3, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0090 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Planning & Zoning Commission Meeting October 3, 2019 Zoning Map Future Land Use Map Aerial Map EIDIAN,C-- PLANNING AND ZONING MEETING AGENDA October 3, 2019 Agenda Item Number: 5 A Item Title: Public Hearing for Goddard Creek Townhomes (H-2019-0068) By SI Construction, Located at the NW Corner of W. McMillan Rd. and N. Goddard Creek Way 1. Request: Rezone of 5.03 acres of land from the R-4 to the R-15 zoning district, and 2. Request: Preliminary Plat for the Re -subdivision of Lot 2, Block 1, Goddard Creek Subdivision consisting of 4.62 acres of land into 44 building lots and 8 common lots. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: S onya Allen Estimated Time for P resentation: Title of I tem - Public Hearing for Goddard C reek Townhomes (H-2019-0068) by S I C onstruction, L ocated at the NW Corner of W. M cM illan Rd. and N. G oddard Creek Way C lic k Here for Applic atio n Materials Meridian City Council Meeting Agenda October 3, 2019 – Page 96 of 141 CIDIZ IA*,-----NDAHO PLANNING AND ZONING MEETING AGENDA October 3, 2019 Agenda Item Number: 5 B Item Title: Public Hearing for Inglewood Place (H-2019-0090) By James Petersen, The Point at Meridian, LLC. 1. Request: Annexation and Zoning of 10.29 acres of land with C -C (3.76 acres) and R-15 (6.53 acres) zoning districts; 2. Request: Preliminary Plat consisting of (8) building lots and (1) common lot on 8.84 acres of land 3. Request: Conditional Use Permit for a multi -family development consisting of (14) dwelling units on 1.91 acres of land in the R-15 zoning district. Meeting Notes: 9 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/3/2019 Hearing Type: PZ Item Number: 5-B Project Name: Inglewood Place Subdivision AZ, CUP, PP Project No.: H-2019-0090 Active: ►9 Page 1 of 1 Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=320 10/4/2019 City - Signature I Wish To Sign In Address State- For Against Neutral Name Testify Date/Time Zip John 2611 S Tristram 10/3/2019 X Boudreaux Way meridian ID 5:47:42 PM Jason 2626 S Tristram 10/3/2019 X Attinger Way 5:59:48 PM 3471 E Beamer David 10/3/2019 Ct Meridian Id X Gagliano 6:00:53 PM 83642 William 10/3/2019 5120 west Cherry X McEwen 6:12:37 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=320 10/4/2019 I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Estimated Time for P resentation: 0 Title of I tem - Public Hearing for Inglewood Place (H-2019-0090) by J ames Petersen, T he Pointe at M eridian, L L C , located at 3250 E . Victory Rd. C lic k Here for Applic atio n Materials C lic k Here to S ign Up to Tes tify at Hearing AT TAC HM E NT S: Description Type Upload D ate S taff Report S taf f R eport 10/2/2019 Meridian City Council Meeting Agenda October 3, 2019 – Page 97 of 141 Page 1 HEARING DATE: October 3, 2019 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0099 Inglewood Place Subdivision LOCATION: 3250 E. Victory Rd on the NE corner of S. Eagle Rd. and E. Victory Rd., in the SW ¼ of Section 21, Township 3N., Range 1E. I. PROJECT DESCRIPTION Annexation and zoning of 10.29 acres of land with C-C (3.76 acres) an R-15 (6.53 acres) zoning districts; preliminary plat consisting of 8 building lots and 1 common lot on 8.84 acres of land; conditional use permit for a multi-family development consisting of 14 dwelling units on 1.91 acres of land in the R-15 zoning district; and, conditional use permit for a “nursing or residential care facility” consisting of 86 dwelling units on 3.48 acres of land in the R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 10.29 Future Land Use Designation MU-C Existing Land Use Single-family residential/agricultural Proposed Land Use(s) Mixed-use professional office, retail, nursing/residential care facility, and multi-family residential Current Zoning RUT in Ada County Proposed Zoning R-15 and C-C Lots (# and type; bldg/common) 8 building; 1 common Phasing plan (# of phases) 2 (1st phase residential; 2nd phase commercial) Number of Residential Units (type of units) 100 units (86 in residential care facility and 14 duplex style multi-family units) Meridian City Council Meeting Agenda October 3, 2019 – Page 98 of 141 Page 2 B. Community Metrics Density (gross & net) 24 units/acre in nursing/residential care facility and 6.5 units/acre in multi-family portion (gross); 45 units/acre in nursing/residential care facility and 12.5 units/acre in multi- family portion (net) Open Space (acres, total [%] / buffer / qualified) Open space is only required for the multi-family development – a total of 0.30 of an acres is provided in excess of UDC req. Amenities Clubhouse, fitness center, plaza, gazebo Physical Features (waterways, hazards, flood plain, hillside) McDonald Lateral crosses the southwest corner of the site within a 41’ wide easement Neighborhood meeting date; # of attendees: January 3, 2019 (20 attendees) and July 16, 2019 (8 attendees) History (previous approvals) ROS #8196, 9059, 10764 Description Details Page Ada County Highway District  Staff report (yes/no) Not yet  Requires ACHD Commission Action (yes/no) No Fire Service  Distance to Fire Station 0.5 mile from Fire Station #4  Fire Response Time 1 minute under ideal conditions; can meet the response time goals  Resource Reliability 81% from Fire Station #4 – does not meet the target goal of 85% or greater  Risk Identification Risk factor of 4 – current resources would not be adequate to supply service to this project (see comments in Section VIII.C)  Accessibility Project does not meet all required access, road widths and turnarounds; roadways needs to be 26’ wide for ladder truck access  Special/resource needs An aerial device is required; the closest truck company is 8 minutes travel time (under ideal conditions) – Fire Dept. can meet this need in the required timeframe.  Water Supply Requires 2,000 gallons per minute for 2 hours  Other Resources NA Police Service  Distance to Police Station 3 miles  Police Response Time 4 minutes  Calls for Service For time period of 7/1/2018-6/30/2019: 607 calls within a mile of site  Accessibility No issues with the proposed access  Specialty/resource needs No additional resources are needed at this time; the PD already services the area  Crimes 84  Crashes 33 Wastewater Meridian City Council Meeting Agenda October 3, 2019 – Page 99 of 141 Page 3 C. Project Maps  Distance to Sewer Services 0 feet  Sewer Shed Five Mile Trunkshed  Estimated Project Sewer ERU’s See application  WRRF Declining Balance 13.7  Project Consistent with WW Master Plan/Facility Plan Yes  Impacts/Concerns Flows Commitments have been added to the Declining Balance Water  Distance to Water Services 0 feet  Pressure Zone 4  Estimated Project Water ERU’s See application  Water Quality Concerns None  Project Consistent with Water Master Plan Yes  Impacts/Concerns Extend water easement to north property line at northwest portion of property to facilitate potential future connection. Water main connection to Eagle Rd. will be required with 1st phase Future Land Use Map Aerial Map Meridian City Council Meeting Agenda October 3, 2019 – Page 100 of 141 Page 4 III. APPLICANT INFORMATION A. Applicant/Owner: James Petersen – The Pointe at Meridian, LLC – 4859 S. 190 W., Salt Lake City, UT 84107 B. Representative: Jacob Shirley – Think AEC – 5151 S. 900 E., Salt Lake City, UT 84117 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 9/13/2019 Radius notification mailed to properties within 300 feet 9/17/2019 Public hearing notice sign posted on site 9/18/2019 Nextdoor posting 9/17/2019 V. STAFF ANALYSIS A. ANNEXATION & ZONING The Applicant requests annexation and zoning of 10.29 acres of land with R-15 (6.53 acres) and C-C (3.76 acres) zoning districts consistent with the MU-C (Mixed Use – Community) Future Land Use Map (FLUM) designation in the Comprehensive Plan. A conceptual site plan and Zoning Map Planned Development Map Meridian City Council Meeting Agenda October 3, 2019 – Page 101 of 141 Page 5 building elevations were submitted for the development showing how the property is planned to develop, included in Section VII. Proposed Use: The Applicant proposes to develop the site with a mix of uses including nursing/residential care facility, age restricted (55+) multi-family residential, office and commercial retail uses. Independent living (14 units) is proposed on the east side of the site [i.e. multi-family (duplex style single-level units on one parcel)]; a 3-story nursing/residential care facility is proposed in the center of the site consisting of independent living (46 units), assisted living (30 units) and memory care (10 units); a 12,300 square foot (s.f.) 3-story office is proposed on the west side of the senior living facility; and retail commercial uses are conceptually proposed on 3 pads along the west side of the site adjacent to S. Eagle Rd. – the applicant is requesting flexibility for the ultimate layout of this portion of the development. The Allowed Uses table in UDC Table 11-2A-2 for the R-15 zoning district lists nursing or residential care facilities as a conditional use subject to the specific use standards of UDC 11-4-3- 29; and multi-family developments as a conditional use subject to the specific use standards listed in UDC 11-4-3-27. Compliance with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district is required, including but not limited to the maximum building height of 40 feet. The Allowed Uses table in UDC Table 11-2B-2 for the C-C zoning district lists professional services (offices) and retail uses as principal permitted uses. Compliance with the dimensional standards listed in UDC 11-2B-3 for the C-C district is required, including but not limited to the maximum building height of 50 feet. Comprehensive Plan (https://www.meridiancity.org/compplan): This property is designated MU-C (Mixed Use – Community) on the Future Land Use Map. The MU-C designation allocates areas where community-servicing 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 MU-N (Mixed-Use Neighborhood) designated areas but not as large as in MU-R (Mixed Use – Regional) designated 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 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. The proposed development meets many of the goals of Mixed- use Community designation. Please see the following analysis for which specific goals are met and which are deficient. The proposed land uses and residential densities are consistent with those desired in MU-C designated areas. Transportation: Access to the site is proposed via one (1) driveway access from S. Eagle Rd., an arterial street, which ACHD is restricting to right-in/right-out; and one (1) full-access local public street (S. Titanium Ave.) from E. Victory Rd. Internal driveways are proposed for internal access within the site. The new local street (S. Titanium Ave.) is proposed to extend to the north boundary of the site for future extension and interconnectivity when the property to the north redevelops. 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): Meridian City Council Meeting Agenda October 3, 2019 – Page 102 of 141 Page 6  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The mix of housing options proposed to be provided on this site will contribute to the variety of housing types available in the City for its senior residents.  “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development will provide housing options for seniors in close proximity to office and commercial uses planned to develop on the western portion of the site.  “Require open space areas within all development.” (6.01.01A) An open space exhibit is included in Section VII that complies with the minimum UDC standards listed in UDC 11-3G-3 and 11-4-3-27.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to the City and urban services can be provided to this development.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) One (1) access is proposed via E. Victory Rd. and one (1) access is proposed via S. Eagle Rd. Staff is of the opinion the proposed accesses shown in Section VII are acceptable unless otherwise restricted by the City Council and/or ACHD.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Pedestrian walkways are proposed throughout the development between the residential and commercial uses; and along E. Victory Rd. and S. Eagle Rd. for access to existing and future developments in the vicinity.  “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) The Applicant has been working with ACHD on the proposed access points to the roadway network. In reviewing development applications, the following items will be considered in all Mixed Use areas, per the Comprehensive Plan (pgs. 23-24): (Staff’s analysis in italics) • “Residential densities should be a minimum of six dwellings/acre.” The residential gross densities for the nursing/residential care facility and multi-family portion exceed the minimum desired at 24 units per acre and 6.5 units per acre respectively. • “Where feasible, higher density and/or multi-family residential development will be encouraged, especially 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.” This project is adjacent to two (2) main arterial roadways – E. Victory Rd. and S. Eagle Rd. The proposed development does include multi-family and assisted living components, which will provide for the density desired in close proximity to employment. However, because this development is not being marketed to residents that are still active in the labor force, residents will most likely not be working in the nearby employment centers. • “A conceptual site plan for the entire mixed-use area should be included in the application.” A conceptual development plan was submitted for the proposed mixed use development, included in Section VII.C. Meridian City Council Meeting Agenda October 3, 2019 – Page 103 of 141 Page 7 • “In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space.” Green space is proposed within the residential portion of the development. A common usable area should also be provided in the commercial/office area as envisioned away from adjacent arterial streets. • “The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development.” The proposed plan depicts single-level residential homes (duplex style) along the east boundary adjacent to existing single-family homes. A landscape buffer and 6-foot vinyl fence is proposed along the northern boundary of the site as a buffer to the existing rural residential property to the north. • “A mixed-use project should include at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis.” The proposed development will at a minimum include a mix of commercial retail, office, and residential uses as desired. • “Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments.” The proposed nursing/residential care facility will provide healthcare services to the elderly residents of the facility. At 8.84 acres, staff does not consider this development to be a large scale mixed-use development. • “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.” The proposed concept plan in Section VII.C does not depict any public and/or quasi-public spaces and places in the commercial portion of the site; the common area proposed in the residential portion of the development is solely for the residential use and does not satisfy this requirement. These types of public spaces should be included in the commercial (C-C zoned) area when it develops. • “All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians.” The proposed development will be directly accessible to the mixed use designated property to the north when it redevelops via a public street connection stubbing to that property (S. Titanium Ave.). There is also an existing public stub street (E. Publisher St.) at the east boundary of the property to the north (2960 S. Eagle Rd.) which will be extended with development of that property and will provide vehicular and pedestrian interconnectivity with the residential neighborhood (Sutherland Farm Subdivision) to the east. Currently, the only interconnectivity that can be provided is via the pedestrian sidewalk along the frontage of the site adjacent to S. Eagle Rd. and E. Victory Rd. • “Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code.” The Master Street Map does not depict any streets across this property. • “Because of the existing small lots within Old Town, development is not subject to the Mixed-Use standards listed herein.” The proposed development is not within Old Town; therefore, this provision is not applicable. Meridian City Council Meeting Agenda October 3, 2019 – Page 104 of 141 Page 8 In reviewing development applications, the following items will be considered in MU-C areas, per the Comprehensive Plan (pgs. 33-34):  “All developments should have a mix of at least three land use types.” The proposed development contains a mix of uses as required (i.e. commercial/retail, office, and residential).  “Developments should comply with the general guidelines for development in all Mixed Use areas.” See analysis above.  “Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre.” Residential uses comprise more than 20% of the development area at a gross density of 24 units per acre for the nursing/residential care facility and 6.5 units per acre for the independent living portion.  “Non-residential buildings should be proportional to and blend in with adjacent residential buildings.” The proposed 3-story office building will be proportional to the adjacent 3-story nursing/residential care facility to the east. Design elements and construction materials of the non-residential buildings should be consistent with those in the residential portion of the development.  “Vertically integrated structures are encouraged.” No vertically integrated structures are proposed.  “Unless a structure contains a mix of both residential and office, or residential and commercial land uses, a maximum building size should be limited to a 30,000 square-foot building footprint.” The largest building proposed on the site is the nursing/residential care facility which has a building footprint of 18,394 square-feet.  “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 that comprise a minimum of 5% of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement.” These types of spaces and places should be provided.  Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint.” Not applicable Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-15 and C-C zoning districts and proposed development is generally consistent with the MU-C FLUM designation for this site. The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VII.A as well as individual legal descriptions and a map for each of the zoning districts proposed. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this Meridian City Council Meeting Agenda October 3, 2019 – Page 105 of 141 Page 9 application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. B. PRELIMINARY PLAT The proposed preliminary plat consists of eight (8) building lots and one (1) common lot on 8.84 acres of land in the proposed R-15 and C-C zoning districts for Inglewood Place Subdivision. The plat is proposed to develop in two phases as shown in Section VII.B as follows: Phase 1 will include an 80K square foot nursing/residential care facility and 14 multi-family units (duplex style); Phase 2 will include a mix of retail, professional service/office uses. The Applicant requests allowance for one (1) building permit to be issued for the senior living facility on Lot 1, Block 2 prior to subdivision of the property. Because there are four (4) existing parcels, Staff is amenable to the request but recommends the property is subdivided prior to issuance of any additional building permits. Existing Structures/Site Improvements: There are several existing structures on this site that are required to be removed prior to signature on the final plat for the phase in which they are located. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 district and Table 11-2B-3 for the C-C district. Access (UDC 11-3A-3): One access is proposed via S. Eagle Rd., an arterial street, which ACHD is restricting to right- in/right-out. Staff recommends this access is only allowed on a temporary basis until such time as the property to the north redevelops and an access driveway can be constructed in alignment with E. Moon Dipper St. on the west side of Eagle Rd. At such time, the driveway access shall be removed and the landscape buffer along Eagle Rd. extended. Additionally, an access easement shall be provided to the property to the north and a driveway extended to the northern property boundary for future interconnectivity and access via Eagle Rd. through the property to the north (an access easement will also be required to be provided to this property when the property to the north redevelops). A local public street (E. Titanium Ave.) access is proposed via E. Victory Rd., an arterial street, which will be a full access. The public street is proposed to extend from Victory Rd. to the northern boundary of the site to be extended when the property to the north redevelops for interconnectivity and access. Pathways (UDC 11-3A-8): There are no pathways depicted on the Pathways Master Plan for this property. Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A- 17. The UDC requires 5-foot wide detached sidewalks to be constructed along arterial streets (i.e. S. Eagle Rd. and E. Victory Rd.). There is an existing attached sidewalk along Eagle Rd and a portion of Victory Rd. nearest to the intersection. Because the existing sidewalk is in good condition, the Director has waived this requirement allowing the sidewalk to remain and not be reconstructed as a detached sidewalk but the remainder of the sidewalk along Victory Rd. should be constructed as a detached sidewalk as depicted on the landscape plan in Section VII.D. Meridian City Council Meeting Agenda October 3, 2019 – Page 106 of 141 Page 10 Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A- 17E. A parkway is proposed along E. Victory Rd. where there is not an existing sidewalk in accord with UDC standards. Landscaping (UDC 11-3B): Street buffer landscaping is required to be provided as set forth in UDC Table 11-2B-3 for the C- C district and 11-2A-7 for the R-15 district and planted in accord with the standards listed in UDC 11-3B-7C. A 25-foot wide street buffer is required along S. Eagle Rd. and E. Victory Rd., both arterial streets, measured from the back of sidewalk where attached sidewalks are located and from the back of curb where detached sidewalks are required. Plans submitted with the final plat application and Certificate of Zoning Compliance applications shall comply with this requirement. Street buffers in residential districts are required to be placed in a common lot and maintained by the Homeowner’s Association; street buffers in commercial districts are required to be placed in a common lot or a permanent dedicated buffer maintained by the property owner of business owner’s association per UDC 11-3B-7C.2. The plat should be revised accordingly. A 25-foot wide landscape buffer to adjoining residential uses is required on the C-C zoned portion of the site along the northern boundary, landscaped per the standards listed in UDC 11-3B-9C, unless a reduced buffer width is requested and modified by City Council at a public hearing with notice to surrounding property owners. The existing 15-foot wide ingress-egress easement should be depicted along the northern boundary of the site; no permanent structures or trees/shrubs should be planted within this easement. Qualified Open Space & Site Amenities (UDC 11-3G): Because the residential (R-15 zoned) portion of the site is under 5 acres in size, the qualified open space and site amenity standards listed in UDC 11-3G-3 do not apply. However, the open space & site amenity standards listed in UDC 11-4-3-27 for multi-family developments do apply (see analysis below). Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A 6-foot tall solid vinyl fence is proposed along the north boundary of the site in accord with UDC standards. Existing Easement: There is an existing 15-foot wide ingress/egress easement (Inst. #7907119) that runs along the northern boundary of this site that benefits the adjacent property to the north as depicted on the plat. Waterways (UDC 11-3A-6): The McDonald Lateral crosses the southwest corner of this site and is proposed to be piped in accord with the standards listed in UDC 11-3A-6B.3. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed 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. See Section VIII.B below for Public Works comments/conditions. Meridian City Council Meeting Agenda October 3, 2019 – Page 107 of 141 Page 11 Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation (PI) system is required to be provided for each lot within the development as set forth as set forth in UDC 11-3A-15. If a PI pump station is required on the developed property, such station shall be on a lot solely dedicated to that pump station and shall be owned by the entity that owns and maintains the PI system as set forth in UDC 11-3B-6E. 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. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structures on the site as shown in Section VII.F. All structures are required to comply with the design standards listed in the Architectural Standards Manual. Submittal and approval of a Certificate of Zoning Compliance and Design Review applications are required prior to submittal of building permit application(s). The design of the commercial structures should incorporate some of the same or similar design elements and construction materials as those in the residential portion of the development. C. CONDITIONAL USE PERMITS FOR MULTI-FAMILY DEVELOPMENT 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: Multi-family developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this section. A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. B. Site Design: 1. Buildings shall provide a minimum setback of ten 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. Complies 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 Meridian City Council Meeting Agenda October 3, 2019 – Page 108 of 141 Page 12 trash enclosures; 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 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 submitted site plan and elevations depict each unit with a private patio however they appear to be below the minimum 80 square feet; the plans should be revised to comply 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. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. 7. Developments with twenty (20) units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773, 4-24-2018) This development consists of 14 units so these standards do not apply. C. Common Open Space Design Requirements: 1. 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. Not applicable 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. Seven (7) units are between 500 and 1,200 s.f.; therefore, a total of 1,750 s.f. (or 0.04 acres) of common open space is required for these units. c. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area. Seven (7) units contain more than 1,200 s.f.; therefore, 2,450 s.f. (or 0.06 of an acre) of common open space is required for these units. At a minimum, a total of 4,200 s.f. (or 0.10 of an acre) of outdoor common open space is required to be provided in the proposed development. A total of 0.29 of an acre is proposed to be provided in a central common area as shown in Section VII.E, in excess of the minimum standards. Meridian City Council Meeting Agenda October 3, 2019 – Page 109 of 141 Page 13 2. 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 central common open grass area complies with this requirement. 3. 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. The multi-family component of this project is proposed to be developed in one (1) phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet (4') in height, with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4- 2009) The common open space area is central to the development and not adjacent to any collector or arterial streets. D. Site Development Amenities: 1. All multi-family 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. b. Open space: (1) Open grassy area of at least fifty by one hundred feet (50 x 100') in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty (20) units, two (2) amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty (20) and seventy five (75) units, three (3) amenities shall be provided, with one from each category. c. For multi-family development with seventy five (75) units or more, four (4) amenities shall be provided, with at least one from each category. Meridian City Council Meeting Agenda October 3, 2019 – Page 110 of 141 Page 14 d. For multi-family 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 14 proposed units, a minimum of 2 amenities are required; a gazebo and BBQ area are proposed from the open space and quality of life categories in accord with UDC standards. The multi-family portion of this development will also have access to the amenities located in the nursing/residential care facility. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with 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 feet (3') wide. b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty four inches (24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan shall be revised to comply with these requirements. 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. Parking (UDC 11-3C): Off-street parking is required to be provided for multi-family dwellings based on the number of bedrooms per unit [Multi-family: 1-bedroom requires 1.5 per unit with at least 1 in a covered carport or garage, 2-3 bedroom units require 2 per unit with at least 1 in an a covered carport or garage], as set forth in UDC Table 11-3C-6. Based on (7) 1-bedroom units and (7) 2-3 bedroom units, a minimum of 14 covered carport or garage spaces and 11 uncovered spaces are required. Parking is proposed as follows: 14 garage spaces, 14 driveway (tandem) spaces, and 11 surface parking spaces for a total of 39 spaces in excess of UDC standards. D. CONDITIONAL USE PERMIT FOR NURSING/RESIDENTIAL CARE FACILITY 11-4-3-29: NURSING OR RESIDENTIAL CARE FACILITIES: A. General standards: 1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with Title 10 of this code. This standard is not applicable. 2. The owner and/or operator of the facility shall secure and maintain a license from the State of Idaho Department of Health and Welfare, facility standards division. The applicant shall comply with this requirement. B. Additional standards for uses providing care to children and juveniles under the age of 18 Meridian City Council Meeting Agenda October 3, 2019 – Page 111 of 141 Page 15 years: This section is not applicable as care will not be provided to juveniles. 1. All outdoor play areas shall be completely enclosed by a minimum 6-foot non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. 2. Outdoor play equipment over 6-feet high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential district or uses adjacent to an existing residence shall not be used after dusk. C. Additional standards for uses providing care to patients who suffer from Alzheimer’s disease, dementia or other similar disability that may cause disorientation: A barrier with a minimum height of 6 feet, along the perimeter of any portion of the site that is accessible to those patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. Staff recommends a detail of the proposed fencing be submitted with the Certificate of Zoning Compliance application that complies with the aforementioned requirement if outdoor recreation areas are proposed for the memory care facility. Parking (UDC 11-3C): Off-street parking is required to be provided for the nursing/residential care facility at a ratio of 0.5 space per bed; based on a total of 86 beds proposed, a minimum of 43 spaces are required. A total of 84 spaces are proposed consisting of 23 garage spaces and 61 surface/uncovered spaces, in excess of UDC standards. VI. DECISION A. Staff: Staff recommends approval of the proposed Annexation & Zoning with the requirement of a Development Agreement, Preliminary Plat, and Conditional Use Permits per the conditions included in Section VIII in accord with the Findings in Section IX. Meridian City Council Meeting Agenda October 3, 2019 – Page 112 of 141 Page 16 VII. EXHIBITS A. Annexation & Zoning Legal Descriptions and Exhibit Maps al Meridian City Council Meeting Agenda October 3, 2019 – Page 113 of 141 Page 17 Meridian City Council Meeting Agenda October 3, 2019 – Page 114 of 141 Page 18 Meridian City Council Meeting Agenda October 3, 2019 – Page 115 of 141 Page 19 Meridian City Council Meeting Agenda October 3, 2019 – Page 116 of 141 Page 20 Meridian City Council Meeting Agenda October 3, 2019 – Page 117 of 141 Page 21 B. Preliminary Plat (date: 08/27/2019) & Phasing Plan Meridian City Council Meeting Agenda October 3, 2019 – Page 118 of 141 Page 22 Phase 1 Phase 2 Meridian City Council Meeting Agenda October 3, 2019 – Page 119 of 141 Page 23 C. Conceptual Site Plan (date: 10/2/2019) Meridian City Council Meeting Agenda October 3, 2019 – Page 120 of 141 Page 24 D. Landscape Plan (date: 8/27/2019) Meridian City Council Meeting Agenda October 3, 2019 – Page 121 of 141 Page 25 Meridian City Council Meeting Agenda October 3, 2019 – Page 122 of 141 Page 26 Meridian City Council Meeting Agenda October 3, 2019 – Page 123 of 141 Page 27 Meridian City Council Meeting Agenda October 3, 2019 – Page 124 of 141 Page 28 E. Qualified Open Space Exhibit (date: 08/27/2019) Meridian City Council Meeting Agenda October 3, 2019 – Page 125 of 141 Page 29 F. Conceptual Perspectives & Building Elevations (date: 08/08/2019): Meridian City Council Meeting Agenda October 3, 2019 – Page 126 of 141 Page 30 Meridian City Council Meeting Agenda October 3, 2019 – Page 127 of 141 Page 31 Conceptual Office Building Elevations: Meridian City Council Meeting Agenda October 3, 2019 – Page 128 of 141 Page 32 Conceptual Retail Building Elevations: Meridian City Council Meeting Agenda October 3, 2019 – Page 129 of 141 Page 33 Meridian City Council Meeting Agenda October 3, 2019 – Page 130 of 141 Page 34 Meridian City Council Meeting Agenda October 3, 2019 – Page 131 of 141 Page 35 Conceptual Nursing/Residential Care Facility Elevations: Meridian City Council Meeting Agenda October 3, 2019 – Page 132 of 141 Page 36 Conceptual Multi-Family (Duplex Style) Elevations: Meridian City Council Meeting Agenda October 3, 2019 – Page 133 of 141 Page 37 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 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 granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, conceptual building elevations, preliminary plat, phasing plan, landscape plan, and qualified open space exhibit included in Section VII and the provisions contained herein. b. All multi-family (i.e. duplex style) structures, the nursing/residential care facility, and all commercial/office structures shall comply with the design standards listed in the Architectural Standards Manual. The design of the commercial structures should incorporate some of the same or similar design elements and construction materials as those in the residential portion of the development. An application for Design Review shall be submitted concurrently with the Certificate of Zoning Compliance application and approved prior to submittal of building permit applications. c. Buildings within the commercial (C-C zoned) portion of the development shall be arranged to create some form of common, usable area, such as a plaza or green space as set forth in the Comprehensive Plan for mixed use designated areas (see pg. 23 of the Comprehensive Plan). d. 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 that comprise a minimum of 5% of the development area shall be provided within the mixed use/commercial portion of the development as set forth in the Comprehensive Plan (outdoor seating areas at restaurants do not count) (see pgs. 24 & 28 of the Comprehensive Plan). e. One (1) building permit is allowed to be issued for the nursing/residential care facility on Lot 1, Block 2 prior to subdivision of the property. f. The driveway access via S. Eagle Rd. is restricted to a right-in/right-out access and is only allowed on a temporary basis until such time as the property to the north redevelops and an access driveway is constructed via S. Eagle Rd. in alignment with E. Moon Dipper St. to the north on the west side of Eagle Rd. At such time, the driveway access on this site via S. Eagle Rd. shall be removed and the street buffer extended in place of the driveway. g. An access easement shall be provided to the property to the north in alignment with the north/south driveway on the east side of the future retail pads depicted on the site plan; a recorded copy of said easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for the adjacent development. Meridian City Council Meeting Agenda October 3, 2019 – Page 134 of 141 Page 38 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. Depict common lots for the 25-foot wide street buffers required along E. Victory Rd. on Lot 1, Block 2 and Lot 1, Block 1; street buffers shall be measured from the back of sidewalk where attached sidewalks are located and from the back of curb where detached sidewalks are required. Landscaping on these lots shall be maintained by a homeowner’s association in accord with UDC 11-3B-7C.2a. b. Depict the PI pump station on a lot dedicated solely for itself and owned by the entity that owns and maintains the PI system in accord with UDC 11-3B-6E. c. Include a note on the plat prohibiting direct lot access via S. Eagle Rd. and E. Victory Rd. other than those access points approved with this application. 3. The landscape plan included in Section VII.D shall be revised as follows: a. Depict a 25-foot wide street buffer along S. Eagle Rd. and E. Victory Rd., measured from the back of sidewalk where attached sidewalks are located and from the back of curb where detached sidewalks are required. b. Depict a 25-foot wide landscape buffer to residential uses along the northern boundary of the C-C zoned portion of the site; and landscaping in accord with the standards listed in UDC 11-3B-9C that includes a mix of evergreen and deciduous trees and shrubs that results in a barrier that allows trees to touch at the time of tree maturity. c. For the multi-family (duplex style units) portion of the site, landscaping shall be depicted along the foundations of all street facing elevations as set forth in UDC 11-4-3-27E. d. For the nursing/residential care facility, if an outdoor recreation area is proposed for the memory care portion of the facility, a barrier with a minimum height of 6 feet shall be provided along the perimeter of any portion of the site that is accessible to those patients. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. A If applicable, a detail of the proposed fencing shall be submitted with the Certificate of Zoning Compliance application that complies with the aforementioned requirement. e. Depict the existing 15-foot wide ingress-egress easement along the northern boundary of the site. f. Extend the north/south driveway on the east side of the future retail pads depicted on the site plan to the north property boundary for future extension, interconnectivity and access via S. Eagle Rd. 4. Submit a detail of the proposed BBQ pavilion with the final plat application. 5. Signage for addressing needs to be provided at the public street for the multi-family (duplex style) homes for emergency wayfinding purposes. 6. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 7. For each of the multi-family (i.e. duplex style) units, a minimum of eighty (80) square feet of private, usable open space shall be provided for each unit as set forth in UDC 11-4-3-27B.3. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Meridian City Council Meeting Agenda October 3, 2019 – Page 135 of 141 Page 39 8. The nursing/residential care facility shall have an ongoing obligation to comply with the specific use standards of UDC 11-4-3-29. 9. The owner and/or operator of the nursing/residential care facility shall secure and maintain a license from the State of Idaho Department of Health and Welfare, facility standards division as set forth in UDC 11-4-3-29A.2. 10. 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. 11. A Certificate of Zoning Compliance and Design Review application(s) is required to be submitted to the Planning Division and approved prior to submittal of building permit applications for all structures within the development. All structures shall comply with the design standards listed in the Architectural Standards Manual. 12. If any drive-through establishments are proposed within the site, compliance with the specific use standards listed in UDC 11-4-3-11 is required. 13. All existing structures on this site are required to be removed prior to signature on the final plat phase in which they are located. 14. All drive aisles adjacent to the 3-story nursing/residential care facility and 3-story office building shall be a minimum of 26 feet in width per Fire Department requirements. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Extend water easement to north property line at northwest portion of property to facilitate potential future connection. A water main connection to Eagle Rd. is required with the first phase of development. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, Meridian City Council Meeting Agenda October 3, 2019 – Page 136 of 141 Page 40 which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Meridian City Council Meeting Agenda October 3, 2019 – Page 137 of 141 Page 41 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/176733/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/177167/Page1.aspx E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/WebLink8/0/doc/177122/Page1.aspx F. BOISE PROJECT BOARD OF CONTROL Plans must be submitted to Boise Project- Board of Control for comment and review prior to construction. Meridian City Council Meeting Agenda October 3, 2019 – Page 138 of 141 Page 42 G. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/WebLink8/0/doc/177496/Page1.aspx H. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/WebLink8/0/doc/176951/Page1.aspx I. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/0/doc/177194/Page1.aspx J. ADA COUNTY HIGHWAY DISTRICT (ACHD) A report has not yet been received from ACHD IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to annex and develop the subject 10.29 acre property with R-15 and C-C zoning consistent with the associated MU-C FLUM designation for this property. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment and development complies with the purpose statements of the residential and commercial districts in that it will provide for a range of housing opportunities (for the City’s senior residents) and retail and service needs for the community consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential and commercial uses should be compatible with adjacent existing and future residential and commercial 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 Staff finds City services are available to be provided to this development. 5. The annexation (as applicable) is in the best interest of city. Staff finds the proposed annexation is in the best interest of the City. Meridian City Council Meeting Agenda October 3, 2019 – Page 139 of 141 Page 43 B. Preliminary Plat (UDC 11-6B-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 VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Staff finds public services can be made available to the subject property and will be adequate to accomodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Staff finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City’s 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. C. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Multi-Family Development: Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-15 district (see Analysis, Section V for more information). Nursing and Residential Care Facility: Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-15 district (see Analysis, Section V for more information). Meridian City Council Meeting Agenda October 3, 2019 – Page 140 of 141 Page 44 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Multi-Family Development: Staff finds that the proposed use is 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-15 zoning district. Nursing/Residential Care Facility: Staff finds that the proposed use is 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-15 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. Multi-Family Development: 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. Nursing and Residential Care Facility: 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. Multi-Family Development: Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. Nursing and Residential Care Facility: Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission 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. Multi-Family Development: Staff finds that essential public services are available to this property and that the use will be adequately served by these facilities. Nursing and Residential Care Facility: Staff finds that essential public services are available to this property and that the use will be adequately served by these facilities. Meridian City Council Meeting Agenda October 3, 2019 – Page 141 of 141 Senior Living Community October 2019 1 The Pointe at Meridian LLC Site Plan 2 The Pointe at Meridian LLC Senior Living Like No Other Strictly Confidential 3 14 Independent Living Cottages 46 Independent Living Apartments 30 Assisted Living Apartments 10 Memory Care Residences 30,000 square feet of Common-Circulation and Amenity Area The Pointe at Meridian LLC Area Rendering Strictly Confidential 4 The Pointe at Meridian LLC Senior Living Rendering Strictly Confidential 5 The Pointe at Meridian LLC Cottage Rendering Strictly Confidential 6 The Pointe at Meridian LLC Commercial Renderings Strictly Confidential 7 The Pointe at Meridian LLC Commercial Rendering Strictly Confidential 8 John Roberson, CPA, FCPA | CEO GOLD STREAM LLC 197 West 4860 South Salt Lake City, UT 84107 801-550-7511 john@goldstream.us 9 James Petersen | President GOLD STREAM LLC 197 West 4860 South Salt Lake City, UT 84107 801-809-9663 jim@goldstream.us Glen Yates | EVP GOLD STREAM LLC 197 West 4860 South Salt Lake City, UT 84107 860-604-6337 glen@goldstream.us Contacts Strictly Confidential