Verraso Village North H-2019-0105CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0105
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 Modification to Reduce the Multi-family
Units from 56 to 36 and Update the Development Plans on 1.7 Acres of Land in the C-G Zoning
District for Verraso Village North, Located at 3543 E. Tecate Ln., by Chad Olsen.
Case No(s). H-2019-0105
For the Planning & Zoning Commission Hearing Date of: October 24, 2019 (Findings on November
7, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 24, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 24, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 24,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 24, 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 November 7, 2019 – Page 176 of 282
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0105
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 October 24, 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 modification is hereby approved in accord with
the conditions of approval in the staff report for the hearing date of October 24, 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 October 24, 2019
Meridian City Council Meeting Agenda November 7, 2019 – Page 177 of 282
By action of the Planning & Zoning Commission at its regular meeting held on the 9 day of
NOVeM Y)or , 2019.
COMMISSIONER JESSICA PERREAULT, CHAIRPERSON VOTED /
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED
COMMISSIONER RHONDA MCCARVEL VOTED_
COMMISSIONER ANDREW SEAL VOTED AIV
COMMISSIONER LISA HOLLAND VOTED,
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER REID OLSEN VOTED
Acl i ne 0.-k�n� e�U ckr- ' FoY'
Chris SOh Oil, CAerL-.
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: PMDated: I 1 I dolq
City Cler 's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). 1-1-2019-0105 ve rra.`c
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EXHIBIT A
Page 1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 10/24/2019
TO: Planning & Zoning Commission
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development Services
Manager
208-887-2211
SUBJECT: H-2019-0105
Verraso Village North MCU
PROPERTY LOCATION:
3543 E. Tecate Ln., in the NW ¼ of
Section 4, Township 3N., Range 1E.
I. PROJECT DESCRIPTION
Conditional use permit modification to reduce the number of dwelling units in the multi-family
development from 56 to 36 and update the development plan for the site.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.7
Future Land Use Designation MU-R
Existing Land Use Vacant
Proposed Land Use(s) Residential, Multi-Family
Current Zoning C-G
Proposed Zoning N/A
Neighborhood meeting date; # of
attendees:
8/19/2019; 1 attendee
History (previous approvals) H-2018-0071; A-2018-0339; H-2016-0132; A-2016-0287; H-
2015-0016; MFP-11-002; FP-09-002; PP-08-007; DA
Instrument No. 106137048; AZ-05-061
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes
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Description Details Page
Requires ACHD
Commission Action
(yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Access is depicted on the site plan via E. Tecate Ln., a private
street; emergency access only via N. Records Ave., a collector
street, is proposed.
C. Project Area Maps
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda November 7, 2019 – Page 180 of 282
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III. APPLICANT INFORMATION
A. Applicant: Chad Olsen - 12790 W. Telemark Street, Boise, ID 83713
B. Owner: Envision360, LLC - 12790 W. Telemark Street, Boise, ID 83713
C. Representative: Same as applicant
IV. NOTICING
A. Newspaper notification published on: 10/4/2019
B. Radius notice mailed to properties within 300 feet on: 10/1/2019
C. Applicant posted notice on site on: 10/11/2019
D. Nextdoor posting: 10/1/2019
V. STAFF ANALYSIS
This development is the fourth phase of the Verraso Village multi-family development. The site consist of
1.7 acres, zoned C-G with a Future Land Use Map (FLUM) designation of MU-R.
The applicant requests a modification to the previously approved conditional use permit (H-2018-0070) to
reduce the number of multi-family units from 56 to 36 and update the development plan for the site. The
previous approval’s design consisted of a common garage on the first floor and living units on the second
and third floors. The 56 units were comprised of one and two bedroom units with private balconies
(Exhibit A).
The new proposed plan has private two car garages on the bottom story with units above. The 36 units are
all three story, three bedroom, and attached in rows along a shared drive. Each unit includes two parking
pads outside the private garages. The development’s gross density is 21.3 units per acre, consistent with
the MU-R designation.
A. Comprehensive Plan Policies
This site is designated Mixed Use – Regional (MU-R) on the Comprehensive Plan Future Land
Use Map (FLUM).
The purpose of this designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of
uses together, including residential, and to avoid predominantly single use developments such as
a regional retail center with only restaurants and other commercial uses. Developments should be
anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an
employment center should have support retail uses; a retail center should have supporting
residential uses as well as support retail uses; a retail center should have supporting residential
uses as well as supportive neighborhood and community services. The standards for the MU-R
designation provide an incentive for larger public and quasi-public uses where they provide a
meaningful and appropriate mix to the developments. The developments are encouraged to be
designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive
Plan.
This site is proposed to develop with high-density multi-family residential uses at a gross density
of 21.2 dwelling units per acre (d.u./acre); anticipated density in the MU-R designations is
between 6 and 40 dwelling units to the acre. The proposed development consists of 36 dwelling
units on 1.7 acres of land; the structure is proposed to be three stories in height. The proposed
multi-family development should contribute to the mix of uses in this area adjacent to retail,
employment and restaurant uses near major intersections (Eagle & Ustick Roads and Eagle &
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Fairview Roads), consistent with the plan for MU-R designated areas.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed use (staff analysis in italics):
“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, pg. 56)
The proposed multi-family units will contribute to the variety of rental options available within the
City.
“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, pg. 45)
City services will be provided and extended with development of this site.
“Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.)
A 20-foot wide landscaped street buffer is required along N. Records Avenue, a collector street.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F, pg. 53)
The proposed multi-family development should be compatible with existing multi-family
residential units to the south.
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Access is proposed via E. Tecate Ln., a previously approved private street along the site’s north
boundary. No public access is provided to N. Records Ave., a collector street.
“Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access thoroughfares.”
(3.07.02, pg. 55)
The proposed high-density development is located near major access thoroughfares [N. Eagle
Road (State Highway 55) and E. Ustick Road & E. Fairview Ave. (both arterial streets)] and is
within walking distance of Kleiner Park, a 60 acre City park, and The Village at Meridian shopping
center to the south.
B. Specific Use Standards
The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to
development of this site as follows:
A minimum of 80 square feet of private useable open space is required to be provided for each
unit. Private balconies are proposed for each unit that meets this requirement.
Development with 20 units or more are required to provide a property management office,
maintenance storage area, central mailbox location (including provisions for parcel mail) that
provides 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. The property management
and leasing office and maintenance storage area is located in the northwest corner of this site. A
central mailbox location is depicted on the site plan next to the leasing office. The site plan
submitted with the Certificate of Zoning Compliance application shall depict the location(s)
of the directory & map of the development.
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At a minimum, 250 square feet (s.f.) of outdoor common open space is required for each unit
containing more than 500 and up to 1,200 s.f. of living area. All but one of the proposed units are
within this range at 1,199 s.f.. Therefore, a minimum of 9,100 s.f. (or 0.20 of an acre) of common
open space is required in accord with the standards listed in UDC 11-4-3-27C. The applicant
proposes a 20-foot wide strip of landscaped area along the entire southern boundary of the
property, a 50’ x 20’ central open space, and a dog park located at the southwest corner of the
property to meet the common open space requirements. These areas comprise approximately
10,582 s.f. (0.24 of an acre), meeting the UDC requirement.
For multi-family developments between 20 and 75 units, three amenities are required to be
provided with at least one from each category listed in UDC 11-4-3-27D.1. The applicant
proposes an approximately 20’ x 69’ pet area at the west end of the building and a pet parlor, both
of which staff would classify as quality of life amenities. Staff recommends the addition of at
least one other amenity for either the open space or recreation categories. Per UDC 11-4-3-
27-D3, the Commission does have the latitude to consider other improvements as long as they
provide a similar level of amenity.
Landscaping is required to comply with UDC 11-4-3-27E. All street facing elevations shall have
landscaping along their foundations as follows: the landscaped area shall be at least three-feet
wide and have an evergreen shrub with a minimum mature height of 24-inches for every three
linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans.
The landscape plan submitted with this application meets this requirement.
The development is required to 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 submit
documentation of compliance with this requirement with submittal of the Certificate of
Zoning Compliance.
C. Dimensional Standards
The proposed development is required to comply with the dimensional standards of the C-G
zoning district listed in UDC Table 11-2B-3 and for multi-family developments listed in 11-4-3-
27.
The setbacks for the C-G district are 0; however, the 20-foot required street buffer along N.
Records Way will serve as a setback on the east side of the development.
D. Access
Access is depicted on the site plan via E. Tecate Ln., a private street; emergency access only is
proposed via N. Records Ave., a collector street.
E. Parking:
The UDC requires off-street vehicle parking to be provided on the site in accord with the
standards listed in Table 11-3C-6 for multi-family developments. Based on 36, three bedroom
units, a minimum of 36 covered and 36 uncovered (or covered) spaces are required for a total of
72 spaces; a total of 72 covered vehicle spaces and 72 uncovered are proposed, double what is
required by code. All but two of these spaces are reserved for the individual units. The number of
proposed parking spaces complies with UDC standards.
One bicycle parking space is required to be provided for every 25 proposed vehicle spaces or
portion thereof, per UDC 11-3C-6G. Based on a total of 144 proposed parking spaces, a
minimum of six bicycle parking spaces should be provided for the development. The site plan
does not depict any bicycle parking. A minimum of six bicycle-parking facilities, built to the
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standards of UDC 11-3C-5C, shall be included on the site plan submitted with the
Certificate of Zoning Compliance application.
F. Sidewalks/Parkways:
A five-foot wide detached sidewalk exists on this site along N. Records Avenue in accord with
UDC 11-3A-17. The site plan depicts a four-foot wide attached sidewalk along E. Tecate Ln., a
private street. The western most building on Tecate Ln. depicts landscaping that could
obstruct pedestrians walking to the front entrances of the units or to the adjacent
commercial area. The applicant should remove the parking pads from the rear of these
units, widen the drive aisle from 20 feet to 25 feet and shift the building further to the south
to provide additional open space on the site and ensure safe access for traveling pedestrians
in the development. Even with the reduction in parking, the applicant still exceeds the
parking standards of the UDC.
G. Landscaping:
A minimum 20-foot wide landscaped street buffer is required (as proposed) along N. Records
Avenue, a collector street, landscaped per the standards listed in UDC 11-3B-7C. One tree is
required per 35-feet per the aforementioned standards listed in code. The landscape plan shall
be revised to include a minimum of five trees along N. Records Ave. A minimum of two tree
species will be used to meet this requirement, in accord with Table 11-3B-5-3.
H. Fencing:
All fencing is required to comply with the standards listed in UDC 11-3A-7. New fencing is
depicted on the site plan but no details are provided. A detail of the fences shall be
submitted with the Certificate of Zoning Compliance application.
I. Utilities and drainage:
All utilities and drainage facilities are required to comply with the standards listed in UDC 11-
3A-18 and UDC 11-3A-21.
J. Lighting:
All outdoor lighting shall comply with the standards listed in UDC 11-3A-11.
K. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
The applicant has submitted several conceptual building elevations for the multi-family structures
within this development. These applications may not be the ones the applicant intends to build.
They were provided for illustrative purposes to depict the specific design elements for the
development. Further refinement will occur at staff level during review of the design review
application submitted with a concurrent CZC application.
DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit modification application in accord
with the Findings in Section IX per the provisions in Section VIII.
B. The Meridian Planning and Zoning Commission heard this item on 10/24/2019. At the public
hearing, the Commission voted to approve the subject MCU request.
1. Summary of the Commission public hearing:
a. In favor: Chad Olsen
b. In opposition: None
Meridian City Council Meeting Agenda November 7, 2019 – Page 184 of 282
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c. Commenting: None
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. None
3. Key issue(s) of discussion by Commission:
a.
b.
Design of the multi-family structures. Commission preferred the Brownstone units.
Eliminating the driveways for the western most building fronting on Tecate Lane.
4. Commission change(s) to Staff recommendation:
a. None
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VI. EXHIBITS
A. Previously Approved Site Plan
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B. Proposed Site Plan
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C. Proposed Landscape Plan
D. Conceptual Elevations (not approved)
Not Approved
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Approved
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VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
1. Development of the site shall general comply with the site plan, landscape plan, and
conceptual building elevations included in Exhibit A, the conditions of approval listed
herein, the provisions of the development agreement (Inst. #106137048) and amended
development agreements (H-2015-0016, Inst. #2016-106279; H-2016-0132, Inst.
#2017-056982).
2. The architectural character of the proposed multi-family structures shall comply with
the design standards listed in the Architectural Standards Manual.
3. The developer shall comply with the specific use standards for multi-family
developments listed in UDC 11-4-3-27, including but not limited to the following:
a. 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.
b. The development is required to 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 submit documentation of compliance with
this requirement with submittal of the Certificate of Zoning Compliance.
4. The applicant shall provide one more amenity from the categories of open space or
recreation listed in UDC 11-4-3-27D, in addition to the two amenities proposed (dog
park and dog parlor).
5. Any fencing constructed on the site shall be consistent with the standards as set forth
in UDC 11-3A-7.
6. The interior parking area shall comply with the required stall and drive aisle
dimensions listed in UDC Table 11-3C-5.
7. The site plan, dated 06/11/2019, included in Exhibit VII.B shall be revised as follows:
a. Revise Note 6 with correct unit and building count.
b. Depict the location(s) of the directory and map of the development at an entrance
or convenient location for those entering the development in accord with UDC
11-4-3-27B.7.
c. Depict bicycle parking as set forth in UDC 11-3C-6G in accord with the standards
listed in UDC 11-3C-5C; a minimum of six bicycle parking spaces should be
provided for the development.
d. The western most building on Tecate Ln. depicts landscaping that could obstruct
pedestrians walking to the front entrances of the units or to the adjacent
commercial area. The applicant shall remove the parking pads from the rear of
these units, widen the drive aisle from 20 feet to 25 feet and shift the building
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further to the south to provide additional open space on the site in front of the
structure to ensure safe access for traveling pedestrians in the development.
8. The landscape plan, dated 06/28/2019, included in Exhibit VII.C shall be revised as
follows:
a. A minimum of five trees, of at least two different species, shall be added to the
twenty-foot landscape buffer along N. Records Ave.
b. The two-gallon “Evergreen Shrubs” used on the plan shall be identified by its
species name.
9. The applicant is required to submit a Certificate of Zoning Compliance and Design
Review applications for approval from the Planning Division prior to submittal of a
building permit application.
10. The applicant shall submit a drainage plan to Meridian Land Development for review
and approval to ensure adequate drainage can be maintained on site in accord with
UDC 11-3A-18.
11. Staff’s failure to cite specific ordinance provisions or terms of the approved
conditional use does not relieve the applicant of responsibility for compliance.
12. The Applicant shall have a maximum of two (2) years to commence the use as
permitted in accord with the conditions of approval listed above. If the use has not
begun within two (2) years of approval, a new conditional use permit must be
obtained prior to operation or a time extension must be requested in accord with UDC
11-5B-6F.
13. The applicant shall complete all required improvements prior to issuance of a
Certificate of Occupancy. It is unlawful to use or occupy any building or structure
until the Building Official has issued a Certificate of Occupancy.
B. Public Works
1. A street light plan will need to be included in the final plat and/or building permit
application. Street light plan requirements are listed in section 6-7 of the City's
Design Standards. Streetlights are required on public roads, including E. Tecate Lane.
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VIII. FINDINGS
Conditional Use Permit (UDC 11-5B-6E):
The commission shall base its determination on the conditional use permit request upon the
following:
A. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located. The Commission finds that the
subject property is large enough to accommodate the proposed use and the dimensional and
development regulations of the C-G district as required by the UDC (see Analysis Section V for
more information).
B. 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 and
harmonious with the UDC and Comprehensive Plan Future Land Use Map designation for this
site.
C. 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 that if the applicant complies with the conditions listed in this report, the design,
construction, operation and maintenance will be compatible with other uses in the 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 (see Analysis Section V for more
information).
D. 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.
E. 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 the proposed use will be served adequately by all of
the public facilities and services listed above.
F. That the proposed use will not create excessive additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community. The Commission finds
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.
G. 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 involve excessive traffic, noise, or odors that will be detrimental to
any persons, property or the general welfare.
H. 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 the proposed
use will not result in the destruction, loss or damage of any natural, scenic or historic feature of
major importance in this area.
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