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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 nllmim� MOON r i��� ±■*'rn�del5' - _ +ir,„ . rrrr■r ten■ Uri m■r ',� � �.f-: 11■ � ... .■nrr ,j N� iii :: �= = nunnu• Qi nm � ,I 3 i- '- L :.nnlN ■ nnn �'�/y���rAl. c W r LAAl��J�`.7 �;.nn■gip �• rr11111 ,lun - G: ■nou11n- Z un'. -� nunluq �Inun■u � �.:, - ra.,,� _ .- W ill F - ■oLU x* l�AluwiJu�llLSl L� � u■s■1�g1{I l MCMILLAN 1` MCMILLAN - 11� HIIMA ly `uunn . rummy i L r s� �I � � •- � � � ` 11Lr111i1 � � - r - • - • srr qrl � `� �y, 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." Page 4 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. Page 6 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 Page 7 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. Page 8 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. Page 9 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. Page 10 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. Page 11 Meridian City Council Meeting Agenda April 2, 2020 — Page 120 of 222 VII. EXHIBITS A. Site Plan (date: 1/8/2020) Ueld al!S lemana7iy»q 7a5 ssaa$ad - s�uawnaoa uoy7nalsuo� no ,doD,.sE AHI =�o •uwx s aiwr°� aiw jai �uin11 ]uapuadapul u2ipuap 4w ". Juawdojanaa Joalsanug Q d &IIIM I a 8 m N Sag Page 12 Meridian City Council Meeting Agenda April 2, 2020 — Page 121 of 222 B. Landscape Plan (date: 1/27/2020) veld 8ullueld o G ad—pueq o -LIM3d 3sn IYNowalloo 5UjAn jowas ivapuadapul uEjj1Vp p ivawdolanao —1—ul pNp� Page 13 Meridian City Council Meeting Agenda April 2, 2020 — Page 122 of 222 C. Building Elevations �o n suopzna13�oua;zgo M�e�;u "'d 4;�ON iIOD1S3AN[ r &uuiI �owag 7uapuadapul ue1pypw u0i;eapddq;iw�ad ash �euoi;ipu0;uawdojanad o;sa-j g g s Q S�IIA 0a VNil39 F. Sj z E Page 14 e , � m r L z - Meridian City Council Meeting Agenda April 2, 2020 — Page 123 of 222 suogenal3 upa4.j asnoggnj) ,.,j—jddy 71w1ad ash leuoiw—:) sool.eanxi s M sp 9—n ,aluas 7uapuadapul npilVW,W � � � M ;uawdolanad �o�}sanu� v �«Q s�>>M ouab wasg m3 �9 W 8 � r r, Page 15 Meridian City Council Meeting Agenda April 2, 2020 — Page 124 of 222 suol;enal3 aoua4x3 UOM lepuaplsay y;nuS HODSSHANI g qfV 5ulnll aoluag;uapuedapul uell!WuW _ e� uOgeDL ddy;lwuad asp IeuOl;lpuo� ;uawdolanap JoJ;sanul e e oQ _ sil Em aaarea eq �Sa Page 16 K '- Meridian City Council Meeting Agenda April 2, 2020 — Page 125 of 222 D. Open Space Exhibit (dated: 3/12/2020) U � � u. �u w = I � f 'y, v V " I �o BE a N A PDO 1 W LLS �e9e cxccec.s vc InvestcoYDeveloproent McMillan Independent Senior Living 70%Construction DraMrgs LANDSCAPE MATERIALS PLAN Page 17 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) Page 18 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 Page 19 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. Page 20 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) https:llweblink. meridianciU. orglWebLinkIDocView. aspx?id=184564&dbid= 0&repo=MeridianC fty D. Department of Environmental Quality (DEQ) https:llweblink. meridianciU. orelWebLinkIDocView. aspx?id=183616&dbid= 0&repo=MeridianC i &cr-- 1 E. Meridian Police Department (MPD) hyps: //weblink. meridianciU. or,g/WebLink/Doc View. aspx?id=184435&dbid= 0&repo=MeridianC ky F. Meridian Fire Department (MFD) https:llweblink. meridianciU. orglWebLink/DocView. aspx?id=183907&dbid= 0&repo=MeridianC hty IX. FINDINGS A. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: Page 21 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. Page 22 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. Page 23 Meridian City Council Meeting Agenda April 2, 2020 — Page 132 of 222 �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