Z - McMillan Independent Senior LIving (H-2020-0004) Findings CITY OF MERIDIAN E IDIAN�--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND 1DAH0
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for McMillan Independent Senior Living,
Located at approximately in the Northeast corner of N. Ten Mile Rd. and W.McMillan Rd.in the
C-G Zoning District,by Investcor Development.
Case No(s).H-2020-0004
For the Planning& Zoning Commission Hearing Date of: March 19,2020(Findings on April 2,
2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 19,2020,incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 19, 2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of March 19, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 19,2020, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision,which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#]
Page I
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 March 19,2020, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning &Zoning Commission's authority as provided in Meridian City Code § I I-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for Conditional Use Permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of March 19, 2020, 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 11-513-6F.1.
During this time,the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting,the final plat must be
signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. 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 March 19, 2020
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#]
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 2nd day of
April ,2020.
COMMISSIONER RYAN FITZGERALD, CHAIRMAN VOTED AYE
COMMISSIONER LISA HOLLAND,VICE CHAIRMAN VOTED AYE
COMMISSIONER RHONDA MCCARVEL VOTED AYE
COMMISSIONER ANDREW SEAL VOTED AYE
COMMISSIONER PATRICIA PITZER VOTED AYE
COMMISSIONER WILLIAM CASSINELLI VOTED AYE
COMMISSIONER NICK GROVE VOTED AYE
Ryan Fitzgerald, Chairman
Attest:
Chris Johnson,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: Dated: 4-2-2020
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#]
Page 3
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 3/19/2020
DATE:
TO: Planning & Zoning Commission
FROM: Joe Dodson, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2020-0004
McMillan Independent Senior
Living
LOCATION: Northeast corner of N. Ten Mile Road
& W. McMillan Road; R9010680071.
I. PROJECT DESCRIPTION
C� fIEN
DIAN�--
AHO
Legend m
Project Location
Request for a conditional use permit for an age restricted multi -family project consisting of
162 units on 6.56 acres of land in the C -G zoning district, by Investcor.
II. SUMMARY OF REPORT
A. Project Summary
Acreage
Future Land Use Designation
Existing Land Use(s)
Proposed Land Use(s)
Lots (# and type; bldg./common)
Phasing Plan (# of phases)
Neighborhood meeting date; # of
attendees:
Amenities
History (previous approvals)
Details
6.563 acres
Commercial
Vacant
Multi -Family Residential
One (1) existing building lot (285,884 square feet)
One
October 9, 2019; six (6) attendees
Proposed amenities: clubhouse; indoor pool; sports courts;
outdoor dining areas; community garden; walking paths;
and dog park.
AZ -03-005 (DA #103097612); MI -07-013 (amended DA
#108059794, Verona Commercial); RZ-07-017 (new DA
#108059800, Verona Commercial); PP -07-022; FP -08-
010; A-2019-0290 (PBA, ROS #12081); H-2019-0126
(MDA)
Page 1
Meridian City Council Meeting Agenda April 2, 2020 — Page 110 of 222
See pg. 9 for
analysis
B. Community Metrics
Details
Ada Countv Highwav District
• Staff report (yes/no) Yes — Comment Letter
• Requires ACHD Commission No
Action (yes/no)
Access (Arterial/Collectors/State Access is proposed via two (2) access points via existing
Hwy/Local)(Existing and Proposed) W. Milano Dr. & N. Cortona Way.
Stub Street/Interconnectivity/Cross A fire access stub is proposed to the other commercial
Access properties to the south; a cross -access easement has been
recorded for this access.
Existing Road Network Yes
Fire Service
• Distance to Fire Station
Approximately 1.9 miles from the project
• Fire Response Time
4:00 minutes (under ideal conditions) E
• Resource Reliability
Fire Station #2 current reliability is 81% (this meets the
target goal of 80%)
• Risk Identification
Risk Factor 4 (commercial with hazards)
• Accessibility
Access requirements are met
• Special/resource needs
This proposed project will require an aerial device. The
closest truck company is 11 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 5.4 miles from the project
• Water Supply
Water supply for this proposed development requires 7500
gallons per minute for two hours. The fire flow
requirements may be less if the building is fully
sprinklered.
Water
Distance to Water Services
Zero (0) feet
Pressure Zone
2
Estimated Project Water ERU's
See application
Water Quality Concerns
None
Project Consistent with Water
Yes
Master Plan
Impacts/Concerns
There are two 8" water stubs at the east property line near
N. Cortona Way and Turin Court. The southern water stub
is currently not being used per the submitted site plan. This
water stub will need to be abandoned at the main if not
used.
Wastewater
Distance to Sewer Services
N/A
Sewer Shed
North Slough Trunkshed
Estimated Project Sewer ERU's
See application
WRRF Declining Balance
13.88
Project Consistent with WW
Yes
Master Plan/Facility Plan
E
Additional Comments
Additional 2,364 gpd of Flows committed.
The 8" Sanitary Sewer line coming from the east side of
the property appears to have a bend in it; sewer lines need
to be a straight between manholes with no bends.
Page 2
Meridian City Council Meeting Agenda April 2, 2020 — Page 111 of 222
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IV. NOTICING
Newspaper Notification
Radius notification mailed to
properties within 300 feet
Site Posting Date
NextDoor posting
V. STAFF ANALYSIS
Planning & Zoning
Posting Date
2/28/2020
2/25/2020
2/22/2020
2/25/2020
City Council
Postine Date
A. Future Land Use Map Designation (https:llwww.meridiancitE.or /g comQplan)
The future land use designation for this property is Commercial — this designation will
provide a full range of commercial uses to serve area residents and visitors. Desired uses
may include retail, restaurants, personal and professional services, and office uses, as
well as appropriate public and quasi -public uses. Multi -family is not listed as a sample
use in Commercial areas. However, multi -family projects have historically been
envisioned and approved on commercially designated and zoned parcels.
B. Comprehensive Plan Policies(https://www.meridiancity.orglcompplan):
• "Encourage diverse housing options suitable for various income levels, household
sizes, and lifestyle preferences." (2.01.01). This age restricted multi family
project provides a needed housing option for those who wish to live independently
but also want to live within a close-knit smaller community.
• "Support active -adult or independent senior living developments." (2.01.01M).
The proposed development is an independent senior living project that provides
multiple amenities and open space that help facilitate active lifestyles and is in
close proximity to existing and planned commercial, retail, and office uses in the
area.
"Encourage a variety of housing types that meet the needs, preferences, and
financial capabilities of Meridian's present and future residents." (2.01.02D).
Aging populations do not always own a detached single-family home and may not
want to due to the general large sizes of that housing option. An independent
senior living multi family development adds variety to the housing types available
and will help meet the needs, preferences, and financial capabilities of present
and future Meridian residents.
"Evaluate open space and amenity requirement and criteria for consistency with
community needs and values." (2.01.01 B). The proposed project offers open
space and amenities that exceed the minimum requirements of the UDC. From the
indoor pool, wellness center, and bistro to the outdoor dog park and sports
courts, the amenities add to the standard of living and provide a high level of
support to the independent seniors living in this community.
"Establish and maintain levels of service for public facilities and services,
including water, sewer, police, transportation, schools, fire and parks."
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Meridian City Council Meeting Agenda April 2, 2020— Page 113 of 222
(3.02.01 G). The applicant is proposing to develop the site with a senior housing
project. Public Works has allocated resources to serve the development, but
additional modeling is required. Both Police and Fire have provided comments
on the application and they have no major concerns with the proposed
development. With the development of the site, walking paths will be extended to
the existing collector street sidewalks and will enhance the City pathway network.
The proposed demographics of the development should have limited impact on the
area schools as well. Staff finds that the proposed development should have a
minimal impact on the current LOS for public facilities.
"Require all new development to create a site design compatible with surrounding
uses through buffering, screening, transitional densities, and other best site design
practices." (3.07.01A). Sometimes multi family development near detached
single-family homes can create controversy. However, residential uses are
generally compatible with one another, regardless of dwelling type. Further; this
development is proposing to provide a buffer and is designed with compatible
building materials to the existing single-family residences. The four-story south
residential wing is closest to the existing homes and is proposed to be no closer
than approximately 220'. Further, this site is separated from these residences by
a residential collector roadway and existing street landscape buffers with several
trees, as seen in Exhibit "E" of Section VII. In addition, the buildings are
proposed to be developed with a farmhouse style architecture and incorporate
both lap siding and high grade stone to match that of the surrounding residential
development. The lower, two-story clubhouse adds additional architectural
features to the project and provides a welcome break the building fagade when
looking from the residential development across N. Cortona Way. See Exhibit
"C" of Section VII for the architectural elevations.
C. Existing Structures/Site Improvements:
There are no existing structures on this site. The street buffer and landscaping is existing
and maintained by the adjacent homeowners association on the East side of N. Cortona
Way.
D. Proposed Use Analysis:
Multi -family development is a conditional use in the C -G zoning district. A conditional
use permit (CUP) is proposed for a multi -family development consisting of 162 units
with an age -restriction of 55 years -and -up. A Development Agreement Modification
(MDA) application (H-2019-0126) was approved recently, removing the previous
restriction of multi family being allowed on this site and conceptually approved this
use and project type.
The MDA hearing application and associated conditions were approved by City Council
on January 7, 2020; the development agreement has not yet been signed and recorded. A
condition of approval regarding the signing of this document is in Section VIII of this
report.
Page 5
Meridian City Council Meeting Agenda April 2, 2020 — Page 114 of 222
E. Specific Use Standards (UDC 11-4-3):
The proposed use is subject to specific use standards per UDC table 11-2B-2 and UDC
11-4. (Staff analysis/comments in italics)
11-4-3-27 — Multi -Family Development:
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. Proposed project complies with this requirement.
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 a screened trash enclosure; all proposed transformer/utility vaults
shall also 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. The
applicant has not provided floor plans for the proposed project; the provided plan
sets do not give staff enough information in relation to this requirement, therefore
staff cannot determine compliance with this requirement at this time. Staff will be
able to easily make this finding when Certificate of Zoning Compliance/Design
Review is submitted. Applicant shall meet this requirement at the time of
CZCIDR application submittal per conditions of approval in Section VIII of this
report.
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.
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Meridian City Council Meeting Agenda April 2, 2020— Page 115 of 222
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. Applicant shall comply with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations
Applying to All Districts", of this title. The minimum number of parking spaces
are proposed. See additional staff analysis below.
7. Developments with twenty (20) units or more shall provide the following:
a. A property management office.
b. A maintenance storage area.
c. A central mailbox location, including provisions for parcel mail, that 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
shall 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 (15 0) square feet for each unit containing five hundred
(500) or less square feet of living area. 32 units contain less than 500 square
feet; therefore, a total of 4,800 square feet of common open space is required
for these units.
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. 130 units are between 500 and 1,200 square feet;
therefore, a total of 32,500 square feet (or. 75 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. Not applicable.
Note: Open space standards found in UDC 11-3G do not apply to this project
because it is a residential project in a commercial district. Instead, the open
space requirements in these specific use standards for multi family
developments apply. Staff analysis is below.
At a minimum, a total of 37,300 square feet (or .86 acres) of outdoor common
open space is required to be provided in the proposed development. Staff has
calculated approximately 48,000 square feet, 1.1 acres (or 16.8% of the site), of
proposed qualified open space to be provided, in excess of the minimum
standards. The Applicant's application and open space exhibit (Section VU D)
states a larger area than what staff has calculated but some of the area (i.e.
street buffers along collector streets and parking lot landscaping) counted does
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Meridian City Council Meeting Agenda April 2, 2020— Page 116 of 222
not qualify; Staff finds the area that does qualify 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'). All
qualified common open space 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.
(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.
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Meridian City Council Meeting Agenda April 2, 2020— Page 117 of 222
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 162 proposed units, a minimum of four (4) amenities are required;
however, the decision making body is authorized to consider other amenities in
addition to those provided.
The following amenities are proposed from the quality of life, open space and
recreation categories: a clubhouse with a bistro, lounge, indoor pool with sauna
and steam rooms, full kitchen, fitness center, wellness center, art room, multi-
purpose room, library, and 20 -seat theater; outdoor dining areas; plaza spaces;
outdoor sports courts to include: bocce ball and pickle ball courts, a putting
green, shuffleboard, and outdoor checkers; fire pits; a community garden; and
a dog park for residents. The project also proposes circuitous walking paths that
connect to the existing collector roadway sidewalks providing for plenty of
walking paths. Staff believes the proposed amenities exceed the minimum UDC
requirements and is appropriate for a project of this size.
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 provided meets the specific use standard requirements. (See
section VIIB)
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.
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Meridian City Council Meeting Agenda April 2, 2020— Page 118 of 222
F. Dimensional Standards (UDC 11-2):
The proposed project is made up of two residential wings that interconnect with the
clubhouse. Both residential wings are 4 -stories and 57 feet at their highest point and the
Clubhouse is a two-story structure with a maximum height of 37 feet—the residential
wings and the clubhouse meet the 65' height UDC standard for the C -G zoning district.
The building is generally centered in the buildable lot with its main common space areas
behind the buildings and away from the collector roadways; its closest setback to any
property line is approximately 76 feet, therefore exceeding the minimum ten (10) foot
setback for multi -family development in any zoning district. All UDC dimensional
standards are met as proposed.
G. Access ( UDC 11 -3A -3,11-3H-4):
There are two main access points to this site off of the existing residential collector
roadways, W. Milano Drive and N. Cortona Way. There is a fire access gate at the
southwest corner of the property for future interconnectivity with the other commercial
properties to the south and west as required by the approved MDA. The applicant is also
proposing a fire lane from the drive aisle into the center open space area for additional
fire safety. All fire accesses meet the required standards as stated in the Fire
Department's comments. In addition, ACHD has reviewed the proposed access points
and is recommending approval. See their attached comment letter in this report.
H. Parking (UDC 11-3C & 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.
The applicant is proposing 123 1-bedroom/studio apartments and 36 2 -bedroom units
requiring a minimum of 159 covered carport or garage spaces and 98 uncovered parking
spaces for a total of 257 spaces. A total of 258 spaces are proposed, consisting of 160
covered spaces (118 carport spaces & 42 garage spaces) and 98 uncovered spaces; this
meets the UDC standards.
The recently approved development agreement restricts this development to be age
restricted to seniors, age SS and older, should the Commission determine any
additional parking is required, conditions regarding the overall number of parking
spaces shall be reflected hereto. Although the minimum parking space count is met as
proposed, Staff is concerned a large number of the garage spaces will be used for
storage rather than parking and will then reduce the availability of any guest parking.
Therefore, staff recommends a condition of approval that all garage spaces are
prohibited as storage units and must be for parking only. During the hearing, the
applicant should explain how this ongoing condition will be met.
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. The proposed parking
layout meets this standard with no more than 44% of the total off-street parking being
between the building facades and the residential collector roadways.
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Meridian City Council Meeting Agenda April 2, 2020— Page 119 of 222
Bicycle parking is a requirement in every zoning district at the rate of one (1) space for
every 25 vehicle parking spaces, per UDC 11-3C-6. Therefore, with 258 proposed
vehicle stalls, the minimum number of bicycle parking spaces is 12. The Applicant does
not show any bicycle parking on the proposed plans. At the time of Certificate of Zoning
Compliance and Design Review submittal, the Applicant shall provide a minimum of
12 bicycle parking spaces and provide an exhibit with the submitted plans.
I. Sidewalks (UDC 11-3A-17):
There is an existing five-foot (5) detached sidewalk along W. Milano Dr. and N. Cortona
Way with existing street trees that will be protected in place. The applicant is proposing
7' sidewalks along all parking areas that abut the building area and an interconnected
sidewalk system for residents to use as walking paths. All sidewalks meet UDC
Standards.
J. Landscaping (UDC 11-3B):
The project landscaping meets UDC standards; the approved landscape plan is included
in Section VII.B.
K. Fencing (UDC 11 -3A -6,11-3A-7):
There is no fencing proposed at this time.
L. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual):
A copy of the conceptually approved building elevations and material board are included
in Section VII.C.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in
Section VIII per the Findings in Section IX.
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Meridian City Council Meeting Agenda April 2, 2020 — Page 120 of 222
VII. EXHIBITS
A. Site Plan (date: 1/8/2020)
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B. Landscape Plan (date: 1/27/2020)
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C. Building Elevations
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Meridian City Council Meeting Agenda April 2, 2020 — Page 124 of 222
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D. Open Space Exhibit (dated: 3/12/2020)
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Meridian City Council Meeting Agenda April 2, 2020 — Page 126 of 222
E. Existing Street Trees
Street View 1- looking NIN on Cortona (note mature landscaping and side yard)
Street View 2- looking SE on Milano (note side yards and garage)
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Meridian City Council Meeting Agenda April 2, 2020 — Page 127 of 222
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Conditions
1. Prior to submittal of any additional applications, the applicant shall execute the new
development agreement on this site approved by City Council on January 07, 2020
for hearing application H-2019-0126.
2. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-27
Multi -Family Development.
3. At the time of Certificate of Zoning Compliance and Design Review submittal,
Applicant shall provide plans that adequately show the required private open space
per UDC Specific Use Standards 11-4-3-27B.3.
4. At the time of Certificate of Zoning Compliance and Design Review submittal, the
Applicant shall provide a revised site -plan that shows a minimum of 12 bicycle
parking spaces.
5. The Applicant shall require that all garage spaces are used for parking only and not
allowed to be used for storage. Prior to issuance of Certificate of Occupancy, the
Applicant shall show compliance with this condition by submitting to the Planning
Department a copy of the Rules and Regulations, or the like, for this multi -family
complex that addresses this condition.
6. At the time of Certificate of Zoning Compliance and Design Review submittal, the
Applicant shall substantially comply with the submitted site -plan, landscape plan, and
elevations of this application.
B. Public Works
Site Specific Conditions:
1. There are two 8" water stubs at the east property line near N. Cortona Way and Turin
Court. The southern water stub is currently not being used per the submitted site plan.
This water stub will need to be abandoned at the main if not used.
2. The 8" Sanitary Sewer line coming from the east side of the property appears to have
a bend in it; sewer lines need to be a straight between manholes with no bends.
3. A street light plan will need to be included in the construction plans for the project.
Street light plan requirements are listed in section 6-7 of the City's Design Standards.
Additional streetlights are required on W. Milano Drive to meet current City
standards.
General Conditions of Approval:
4. 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
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Meridian City Council Meeting Agenda April 2, 2020 — Page 128 of 222
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.
5. 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
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.
6. 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.
7. 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.
8. 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.
9. 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.
10. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
the issuance of a plan approval letter.
11. It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
12. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
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Meridian City Council Meeting Agenda April 2, 2020 — Page 129 of 222
14. All grading of the site shall be performed in conformance with MCC 11-12-3H.
15. 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.
16. The applicants design engineer shall be responsible for inspection of all irrigation
and/or drainage facility within this project that do not fall under the jurisdiction of
an irrigation district or ACHD. The design engineer shall provide certification that the
facilities have been installed in accordance with the approved design plans. This
certification will be required before a certificate of occupancy is issued for any
structures within the project.
17. At the completion of the project, the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must
be received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
18. The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20% of the total construction cost for all completed sewer, water and reuse
infrastructure for duration of two years. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application
for surety, which can be found on the Community Development Department website.
Please contact Land Development Service for more information at 887-2211.
C. Ada County Highway District (ACHD)
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D. Department of Environmental Quality (DEQ)
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E. Meridian Police Department (MPD)
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F. Meridian Fire Department (MFD)
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IX. FINDINGS
A. Conditional Use Permit
The Commission shall base its determination on the conditional use permit request upon the
following:
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Meridian City Council Meeting Agenda April 2, 2020 — Page 130 of 222
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Commission finds the site is large enough to accommodate the proposed use and meet all
the dimensional and development regulations in the GG zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Commission finds the proposed age -restricted multi family project will be harmonious
with the Comprehensive Plan in that it will provide alternative housing options for those
SS and older that are close to existing commercial and retail services.
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.
Commission finds the design, construction, and operation of the proposed age restricted
multi family project should be compatible with the existing residential uses and the future
commercial uses nearby and will not adversely change the essential character of the
same 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.
If the proposed project complies with the conditions of approval in Section VII as
required, Commission finds the proposed multi family project should not 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.
Because the site is already annexed into the City and these services are already being
provided to the surrounding buildings, Commission finds the proposed use will be served
adequately by all public facilities and services.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Commission finds the proposed use should not create any additional costs for public
facilities and services and will not be detrimental to the economic welfare of the
community.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Although traffic may increase slightly in this area due to the proposed use, Commission
finds the proposed age restricted multi family project should not be detrimental to the
general welfare.
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Meridian City Council Meeting Agenda April 2, 2020 — Page 131 of 222
8. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-
2005, eff. 9-15-2005)
Commission is unaware of any natural, scenic or historic features in this area; however,
finds the proposed use should not result in damage of any such features.
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�E IDIAN:---
Council Agenda Item - 3.D.
Presenter:
Estimated Time for Presentation: 0
ITEM SHEET
Title of Item - Findings of Fact, Conclusions of Law for TM Crossing - Ten Mile Academy
Daycare (H-2020-0007) by BVA Development, Located at 1001 S. Sentinel Ln.
ATTACHMENTS:
Description Type
Findings Findings/Orders
Exhibit A Exhibit
Meridian City Council Meeting Agenda April 2, 2020 — Page 133 of 222
Upload Date
3/26/2020
3/26/2020