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2022-03-17 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, March 17, 2022 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT Commissioner Patrick Grace Commissioner Andrew Seal Commissioner Maria Lorcher Commissioner Nathan Wheeler Commissioner Steven Yearsley Commissioner Mandi Stoddard ABSENT Commissioner Nick Grove ADOPTION OF AGENDA - Adopted CONSENT AGENDA \[Action Item\] - Approved 1. Approve Minutes of the March 3, 2022 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for Eagle Road Daycare Facility (H-2022-0007) by 814 Development, LLC, Located at 3060 S. Eagle Rd. 3. Findings of Fact, Conclusions of Law for Meridian U-Haul Moving and Storage (H-2021- 0085) by Gurnoor Kaur of Amerco Real Estate Company, Located on Parcel R8257510015 and at 1230 and 1270 E. Overland Rd., Near the Northwest Corner of E. Overland Rd. and S. Locust Grove Rd. 4. Findings of Fact, Conclusions of Law for Verona Live/Work (H-2021-0080) by J-U-B Engineers, Inc., Located at 3020 & 3042 W. Milano Dr., Near the Northeast Corner of Ten Mile Rd. and McMillan Rd. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 5. Public Hearing for Alamar Subdivision (H-2022-0004) by Noble Rock Development, Inc., Located at 4380 W. Franklin Rd. (Parcel #S1210346603), Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd. A. Request: Annexation and Zoning of approximately 7.23 acres of land with a request for the TN-R (Traditional Neighborhood Residential) zoning district. B. Request: Preliminary Plat consisting of 42 building lots (22 single-family attached lots and 20 detached single-family lots) and 4 common lots on 4.63 acres in the requested TN-R zoning district. - Continued to April 21, 2022 6. Public Hearing Continued from February 17, 2022 for Vanguard Village (H-2021-0081) by Meridian 118, LLC, Generally Located 1/4 Mile South of W. Franklin Rd. and S. Ten Mile Rd. A. Request: Modification to the Existing Development Agreement (Inst. #110115738) to replace it with a new agreement for the proposed development. B. Request: Rezone of 7.06 acres from the C-C to the H-E zoning district, 17.38 acres from the C-C and H-E zoning districts to the M-E zoning district, 40.33 acres from the R-40 and C-C and M-E zoning districts to the R-15 zoning district, and 1.10 acres from the H-E to the C-C zoning district. C. Request: A Preliminary Plat consisting of 8 building lots and 6 common lots on 115.26 acres of land in the R-15, C-C, H-E and M-E zoning districts. D. Request: A Conditional Use Permit for a multi-family development consisting of 552 dwelling units on 40.33-acres of land in the R-15 zoning district. - Recommended Approval to City Council 7. Public Hearing for Faissy's Child Care (H-2022-0002) by Faissy Kwizera, Located at 1322 E. Grand Canyon St., Near the Southwest Corner of E. McMillan Rd. and N. Locust Grove Rd. A. Request: Conditional Use Permit for conditional use on 0.17 acre of land in the R-4 zoning district to allow group daycare of more than 6 children. - Approved 8. Public Hearing for Pavilion at Windsong (H-2021-0102) by Kent Brown, Located at the Northwest Corner of W. Ustick Rd. and N. Linder Rd. A. Request: Rezone of 3.42 acres of the subject property from C-C to R-40. B. A Preliminary Plat on the entire 4.77-acre property to allow 33 townhouse lots, 2 lots for vertically-integrated buildings containing a total of 12 residential units, and one commercial lot. C. A Conditional Use Permit to allow townhouses in the R-40 zoning district. D. A Development Agreement Modification to allow the proposed development - Continued to April 7, 2022 ADJOURNMENT - 7:39 p.m. Item 1. 1-51 Meridian Planning and Zoning Meeting March 17, 2022. Meeting of the Meridian Planning and Zoning Commission of March 17, 2022, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Steven Yearsley, Commissioner Patrick Grace, Commissioner Maria Lorcher, Commissioner Nate Wheeler and Commissioner Mandi Stoddard. Members Absent: Commissioner Nick Grove. Others Present: Adrienne Weatherly, Kurt Starman, Bill Parsons, Sonya Allen, Alan Tiefenbach and Dean Willis. ROLL-CALL ATTENDANCE X Nate Wheeler X Maria Lorcher X Mandi Stoddard Nick Grove _X Steven Yearsley X Patrick Grace X Andrew Seal - Chairman Seal: Good evening. Welcome to Planning and Zoning Commission meeting for the date of March 17th, 2022. At this time I would like to call the meeting to order. The Commissioners who are present for this evening meet -- this evening's meeting are at City Hall and on Zoom. We also have staff from the city attorney and clerk's offices, as well as the City Planning Department. If you are joining us on Zoom this evening we can see that you are here. You may observe the meeting. However, your ability to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take questions until the public testimony portion. If you have a process question during the meeting, please, e-mail cityclerk@meridiancity.org and they will reply as quickly as possible. If you simply want to watch the meeting we encourage you to watch the streaming on the city's YouTube channel. You can access that at meridiancity.org/live. With that let's begin with roll call. Madam Clerk. Oh. I got ahead of her. ADOPTION OF AGENDA Seal: Okay. And Commissioner Yearsley may show up? Okay. We will -- we will bring him in when that happens. Okay. So, the first item on the agenda is the adoption of the agenda. H-2021-0102 and H-2022-0004, which is the -- I will get the names here in case anybody wants them. That is going to be the Alamar Subdivision, as well as the Pavilion at Windsong. They will be opened for continuance only. So, if anybody is here to testify on those we will not be taking public testimony for those this evening. Alamar and -- and Meridian Planning&Zoning Commission Item 1. March 17,2022 6 Page 2 of 35 Windsong. So, as a result we will also be bringing Windsong up to the number two in the -- in the agenda. With that can I get a motion to adopt the agenda? Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to adopt the agenda. All in favor, please, say aye. Any opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the March 3, 2022 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for Eagle Road Daycare Facility (H-2022-0007) by 814 Development, LLC, Located at 3060 S. Eagle Rd. 3. Findings of Fact, Conclusions of Law for Meridian U-Haul Moving and Storage (H-2021-0085) by Gurnoor Kaur of Amerco Real Estate Company, Located on Parcel R8257510015 and at 1230 and 1270 E. Overland Rd., Near the Northwest Corner of E. Overland Rd. and S. Locust Grove Rd. 4. Findings of Fact, Conclusions of Law for Verona Live/Work (H-2021- 0080) by J-U-B Engineers, Inc., Located at 3020 & 3042 W. Milano Dr., Near the Northeast Corner of Ten Mile Rd. and McMillan Rd. Seal: Next is the Consent Agenda. Weatherly: Mr. Chair? Seal: Yes. Weatherly: Pardon me. For the record I just wanted to note Commissioner Yearsley has joined us. Seal: Okay. There he is. The next item on the agenda is the Consent Agenda. We have four items on the agenda. We need to approve the meeting minutes from the February 3rd Planning and Zoning Commission meeting, Finding of Facts, Conclusion of Law for Eagle Road Daycare Facility. Finding Facts and Conclusions of Law from Meridian U- Haul Moving and Storage, H-2021-0085. Finding of Facts, Conclusions of Law for Verona Live/Work, H-2021-0080. Actually, I got the -- approve the minutes of the last meeting, Meridian Planning&Zoning Commission Item 1. March 17,2022 7 Page 3 of 35 which was February 17th. No. It was March 3rd. Sorry. My cut and paste didn't work. Okay. Can I get a motion to accept the Consent -- Consent Agenda as presented? Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor say aye. Any opposed? Okay. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Seal: Okay. Now, at this time I would like to briefly explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to the Comprehensive Plan and Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. After the applicant has finished we will open the floor to public testimony. Each person will be called on only once during the public testimony. The clerk will call the names individually of those who have signed up on the website in advance to testify. You will then -- you will then be unmuted in Zoom or you can come to the microphones in chambers. Please state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting it will be displayed on the screen and our clerk will run the presentation or you can run it right up here. If you have -- if you have -- it will be. Okay. If you have established that you are speaking on behalf of a larger group, like an HOA, where others from that group will allow you to speak on their behalf, you will have up to ten minutes. After all of those who have signed up in advance have spoken we will invite any others who may wish to testify. If you wish to speak on the topic you may come forward in chambers or if you are on Zoom, please, press the raise hand button in the Zoom app or if you are only listening on a phone, please, press star nine and wait for your name to be called. If you are listening on multiple devices, such as -- such as a computer and a phone, please, be sure to mute the extra devices, so we do not experience feedback and we can hear you clearly. When you are finished, if the Commission does not have questions for you, you will return to your seat in chambers or be muted on Zoom and you will no longer have the ability to speak and, please, remember we will not call on you a second time. After all testimony has been heard, the applicant will be given another ten minutes to come back to respond. When the applicant is finished responding to the questions and concerns we will close the public hearing and Commissioners will have the opportunity to discuss and hopefully be able to make a final -- make final decisions or recommendations to City Council as needed. ACTION ITEMS 5. Public Hearing for Alamar Subdivision (H-2022-0004) by Noble Rock Development, Inc., Located at 4380 W. Franklin Rd. (Parcel Meridian Planning&Zoning Commission Item 1. March 17,2022 $ Page 4 of 35 #S1210346603), Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd. A. Request: Annexation and Zoning of approximately 7.23 acres of land with a request for the TN-R (Traditional Neighborhood Residential) zoning district. B. Request: Preliminary Plat consisting of 42 building lots (22 single- family attached lots and 20 detached single-family lots) and 4 common lots on 4.63 acres in the requested TN-R zoning district. Seal: So, at this time I would like to open public hearing for Item No. H-2022-0004, Alamar Subdivision, for continuance. Wheeler: So moved. Seal: We just had -- Wheeler: Do we go with it or -- Seal: We are just going with it. Wheeler: Okay. Seal: I'm opening it for-- Wheeler: Opening it up for -- Seal: -- continuance. And, Madam Clerk, I believe we are going for the date of the 21st of April for this one. Weatherly: Mr. Chair, just for your information at this time there are three hearings on the 21 st. Seal: Okay. Sounds like a good fit. So, I will take a motion at this time. Nick's not here, so you guys get to jump in. Yearsley: Mr. Chair? Seal: Commissioner Yearsley, go ahead. I make a motion that we continue file number H-2022-0004 to the hearing date of April 21st, 2021. Lorcher: So moved. Wheeler: Second. Meridian Planning&Zoning Commission Item 1. March 17,2022 191 Page 5 of 35 Weatherly: Mr. Chair? Excuse me. Seal: Go ahead. Weatherly: Commissioner Yearsley, did you intend to say 2022? Yearsley: Yes. Weatherly: Thank you. Seal: If I said '21, my apologies. Weatherly: That's okay. Seal: Okay. It's been moved and seconded to continue file number H-2022-0004 for Alamar Subdivision to the date of April 21st, 2022. All in favor say aye. Any opposed? Okay. The motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. 8. Public Hearing for Pavilion at Windsong (H-2021-0102) by Kent Brown, Located at the Northwest Corner of W. Ustick Rd. and N. Linder Rd. A. Request: Rezone of 3.42 acres of the subject property from C-C to R-40. B. A Preliminary Plat on the entire 4.77-acre property to allow 33 townhouse lots, 2 lots for vertically-integrated buildings containing a total of 12 residential units, and one commercial lot. C. A Conditional Use Permit to allow townhouses in the R-40 zoning district. D. A Development Agreement Modification to allow the proposed development Seal: Now, I would like to open File No. H-2021-0102, Pavilion at Windsong, for continuance, and I believe they would like the next available date, which is April 7th. Is that -- I don't know how many things are on that one. Weatherly: Mr. Chair, there are currently four hearings scheduled for April 7th. Seal: Okay. So, this would be the fifth one. Weatherly: Correct. Meridian Planning&Zoning Commission Item 1. March 17,2022 Flo] Page 6 of 35 Seal: So -- and nothing else can notice in that time, so that's probably it. Okay. Weatherly: That's correct. Seal: So, can I get a motion on continuance for H-2021-0102 to the date of 4/7/2022? Lorcher: Mr. Chair? Seal: Go ahead, Commissioner Lorcher. Lorcher: Motion that Pavilion at Windsong, Item No. H-2020 -- H-2021-0102 for a continuance on April 7th, 2022. Wheeler: Second. Seal: It's been moved and seconded to continue File No. H-2021-0102, Pavilion at Windsong, to the date of April 7, 2022. All in favor say aye. Any opposed? MOTION CARRIED: SIX AYES. ONE ABSENT. 6. Public Hearing Continued from February 17, 2022 for Vanguard Village (H-2021-0081) by Meridian 118, LLC, Generally Located 1/4 Mile South of W. Franklin Rd. and S. Ten Mile Rd. A. Request: Modification to the Existing Development Agreement (Inst. #110115738) to replace it with a new agreement for the proposed development. B. Request: Rezone of 7.06 acres from the C-C to the H-E zoning district, 17.38 acres from the C-C and H-E zoning districts to the M- E zoning district, 40.33 acres from the R-40 and C-C and M-E zoning districts to the R-15 zoning district, and 1.10 acres from the H-E to the C-C zoning district. C. Request: A Preliminary Plat consisting of 8 building lots and 6 common lots on 115.26 acres of land in the R-15, C-C, H-E and M- E zoning districts. D. Request: A Conditional Use Permit for a multi-family development consisting of 552 dwelling units on 40.33-acres of land in the R-15 zoning district. Seal: Okay. Now, we have all heard me talk long enough. I would like to open -- or would like to continue the public hearing for Item No. H-2021-0081, Vanguard Village, and we will begin with the staff report. Meridian Planning&Zoning Commission Item 1. March 17,2022 Fil Page 7 of 35 Allen: Thank you, Mr. Chair, Members of the Commission. The application before you tonight is a request for a rezone, a preliminary plat, and a conditional use permit. A development agreement modification is also proposed, but it does not require action from the Commission tonight, only City Council. This site consists of 115.26 acres of land. It's zoned C-C, H-E, M-E and R-40 and is generally located a quarter mile south of West Franklin Road and South Ten Mile Road. This property was annexed back in 2010 with a development agreement that included a conceptual development plan for the overall property that consisted of a mix of high density residential, commercial, mixed employment and high density employment uses. The Comprehensive Plan future land use designation is shown there on the left map. It's mixed use commercial, medium high density residential, mixed employment and high density employment. A modification is requested to the existing development agreement to replace it with a new agreement for the proposed development. The original agreement included a conceptual development plan as shown that depicts a mix of uses consisting of flex office, condos, and townhomes, ground level retail with residential and offices above, research and development, restaurants, offices, parking structures, an amphitheater and park areas with lakes. The proposed concept plan also depicts a mix of uses, including a multi-family development with garden style apartments and townhome style units on the north portion of the development at a gross density of 13.63 units per acre. Flex uses of approximately 410,000 square feet, which may include office, light industrial and other uses, such as distribution and light manufacturing and that is on the southwest portion of the development there. Vertically integrated residential commercial retail uses -- and that is on the--this area right here and nonresidential uses, such as corporate campus, business and professional office space, research and development and limited retail and service uses of approximately 380,000 square feet and that is this area along the southern boundary of the property. Conceptual elevations were submitted for these uses and this is the four story vertically integrated residential and retail office that I mentioned and, then, this is the mixed employment at the southwest corner. The C-C product along the northern portion of the west half of the development. Mixed use commercial and high density employment along the southern boundary on the east end. The applicant is proposing a rezone of 7.06 acres of land from the C-C to the H-E zoning district, 17.38 acres from the C-C and H-E zoning districts to the M-E district and 40.33 acres from the R-40, C-C and M-E zoning districts to the R-15 zoning district and 1.1 acres from the H- E to the C-C zoning district. All of these zoning districts currently exist on this site, except for the R-15 district, which is proposed to replace the R-40 district on the northern portion of the property right here, which staff does believe will provide a better transition to the existing single family dwellings to the north. This rezone proposes to reconfigure the boundaries of these zoning districts into more developable areas consistent with the proposed road layout and concept plan. A preliminary plat is proposed as shown consisting of eight building lots and six common lots on 115.26 acres of land in the R-15, C-C, H-E and M-E zoning districts for Vanguard Village Subdivision. This subdivision is proposed to develop in five phases. Further revised phasing plan shown on the right. The first phase of the multi-family development on the north end of the site, zoned R-15, is proposed to develop first with the M-E zone portion second. The second phase of the multi-family development third, the H-E zoned portion fourth and the C-C zoned portion last. Access is proposed to be provided from the northern boundary of this site from West Meridian Planning&Zoning Commission Item 1. March 17,2022 F12 Page 8 of 35 Franklin Road via South Sunset Point Way and South Baraya Way and from the east from South Ten Mile Road via the extension of Vanguard Way. Coral Reef Way, Sunset Point Way, Umbria Hills and Vanguard Way are all designed as collector streets in accord with the master street map and the transportation system map in the Ten Mile plan. Stub streets are proposed to adjacent properties for future extension. Due to the unacceptable level of service projected at the Baraya Way and Franklin Road intersection and the cut- through traffic projected on Baraya Way and Sunset Point Way north of the site, ACHD is restricting development to the first phase with 136 multi-family units or a combination of commercial and residential development that generates approximately 75 p.m. peak hour trips until alternative access is available to Umbria Hills Way, Franklin Road, or Black Cat Road or wait to extend Sunset Point Way into the site and Coral Reef Way to connect Baraya Way until there is an alternative access available to Umbria Hills Way, Franklin Road or Black Cat Road. The development is restricted to the first phase that generates 3,000 trips in this scenario or approximately 366 multi-family units in the M-E zone, which -- until alternative access is available to the site. Ten foot wide multi-use pathways are proposed on the site in accord with the pathways map -- excuse me -- master plan. This is just a map real quick showing how the proposed development integrates with the existing Baraya Subdivision and the street layout to the north. This is the landscape plan. Then back to the pathways. One of the multi-use pathway segments follow the Williams Pipeline easement diagonally across the site and that is the -- the green area right here. Another segment runs along the southern boundary within the street buffer along 1-84. The Parks Department has requested a pathway connection be provided between the pipeline pathway and the nearby sidewalk along Coral Reef Way. A pedestrian circulation plan is proposed as shown that depicts all sidewalks and pedestrian pathways planned throughout the site in accord with the Ten Mile plan for mixed use areas. A conditional use permit is proposed for a multi-family development consisting of 552 dwelling units with a mix of three story apartments and two story flats and townhome style buildings, ranging from 758 to 1,693 square feet on 40.33 acres of land in the R-15 zoning district. A 9,368 square foot single story clubhouse is proposed with amenities, along with two other amenity buildings. Nine garden style apartment buildings containing a total of 216 units and 51 flats and townhome style buildings are proposed containing a total of 336 units with a mix of one, two and three bedroom units. Common open space and site amenities are proposed in accord with UDC standards. A total of 7.5 acres of common open space is required. A total of 8.99 acres is proposed. A minimum of four amenities are required. Amenities from all the required categories are proposed as follows: A clubhouse with a swimming pool, hot tub, and cabanas. An outdoor kitchen and dining area. Fitness lounge. Lawn games and a fire -- fire pit lounge. Pickleball court. Children's play area. Dog parks. Smaller swimming pool. Picnic shelter and fire pit lounge. Art. Pedestrian walkways. Ten foot wide sidewalks along the collector street Vanguard and an amenity area with a barbecue lounge. Conceptual building elevations were submitted for the proposed apartment, flat, and townhome style units and the clubhouse building. So, I will just go through those real quick. These are the garden style apartments. These are the townhomes. More townhomes. And this is the clubhouse. Updated building materials consist of vertical and horizontal Hardie plank siding in light gray, green, and wood colors. Stucco in dark gray and off white colors and vertical western red cedar siding with cedar posts and beams and asphalt shingles. These Meridian Planning&Zoning Commission Item 1. March 17,2022 F13] Page 9 of 35 elevations are not approved. Final design is required to comply with the design guidelines in the Ten Mile plan and the design standards in the Architectural Standards Manual. Written testimony was received from the applicant. They submitted comments in response to the staff report, which staff responded to. The applicant found the response acceptable and noted that after tonight's hearing a few clarifications may be needed, but nothing of significance. No other testimony has been submitted on this application. Staff is recommending approval with the amended development agreement provisions and conditions in the staff report. Staff will stand for any questions. Seal: Thank you, Sonya. At this time would the applicant like to come forward. Go ahead. And if you want to lift the microphones up and state your name and address for the record. Butler: I will just wait until the presentation comes up. Great. Thank you. So, good evening to the Commission. Sonya has done such a great job that I hope I don't bore you here. JoAnn Butler. 967 East Parkcenter Boulevard representing the applicant. With me tonight on Zoom our Jim Zeiter and Airalea Newman for the applicant. Denton Kelley and his colleagues for LDK Ventures is here, along with their attorney Deb Nelson and Deb is going to take the floor in just a few minutes to address the Commission in connection with the north 40 that Sonya just mentioned, the conditional use request. John Carpenter from TO Engineers is here to answer any technical questions. We did really appreciate working with staff going through the staff report. We also appreciated that the Commission deferred this last month for a month. We had just gotten the ACHD report and we needed to review that and that-- that allowed us to address that report and adjust our phasing to minimize any kind of traffic impact. We will be making significant improvements to the road system, especially in the first phase with the development of Vanguard Way all the way from Ten Mile to the west boundary of the property and our phasing ensures that the land development is not built in advance of the transportation system. By the way, the applicant is working with the property owner immediately north and to the east of this property to jointly develop Vanguard Way. If I can just -- I'm not sure exactly how to move --they don't seem to--okay. As Sonya mentioned, this property was annexed and zoned in 2009, 2010 was when the development agreement was recorded. The concept plan proposed was consistent with the Ten Mile plan objective to ensure that Meridian in this area of town didn't close down at the end of the work day, with a wide diversity of housing types and mix of residential, commercial, and employment opportunities. In 2010 the Ten Mile interchange was not actually finished and the east side of Ten Mile was completely a gleam in somebody's eye. In 2020 -- in 2010 the city recognized that these unusual zoning boundaries would change as the street system was modified when we came through with a conceptual plan like we are today. Those streets have been modified and the city recognized that the land use and the zoning boundaries would again be modified accordingly. Thanks, Sonya. If you could -- one more. Other way. Okay. No. Thank you. Okay. So, with this slide we are showing both the -- the streets and the land use boundaries actually have been modified and the -- the zoning is actually the same as it was in 2020 with the boundaries modified to be much less fragmented and to flow with the overall circulation plan. You have got the R-15 -- we actually were approved with an R-40, as Sonya mentioned, but the development Meridian Planning&Zoning Commission Item 1. March 17,2022 F14] Page 10 of 35 agreement required us to only develop accord -- in accord with R-15 standards. So, rather than do it that way we said let's just go with R-15, it makes it clearer for everybody to understand. Next. So, on this phase we are showing the overall site plan and the phasing. As Sonya went over we have got -- phase one will include all of Vanguard Way coming from Ten Mile going west and 366 units within the first phase of the multi-family. Although it's not shown on here, there will be a secondary access going north. You will require us to extend a water line up that way and we will be putting a road over there so there will be secondary access going to the north. Next, Sonya. Thanks. Or maybe I should --okay. There is the overall landscape plan. As Sonya mentioned, the remarkable line that cuts through project Vanguard is the Williams or Northwest Pipeline. The landscape pathways, the open space, the fitness areas planned for this -- for this pipeline easement assist the applicant meet the Ten Mile plan goal of connecting land uses through the pathways, through the sidewalks, through the open spaces. The goals of the master pathway plan is also addressed with this concept plan, both with the Northwest Pipeline pathway, but also along 1-84. The master pathways plan calls for the Meridian pathway loop to continue in that area and that will be continued as well -- as well. So, both those pathway components provide walkable routes for the project Vanguard internally, but also to -- for our neighbors to the north, to the west and also to the east as we head towards Ten Mile. I'm not going to go -- oh, yes. Street sections. The only thing I'm going to say about street sections is that staff and ACHD staff and John worked really hard to get street sections in place that both governmental agencies, ACHD and Meridian, found acceptable. Slides -- this slide and the next several slides show the design elements and the land uses. I'm not going to go into any detail there. I'm going to -- these are all the design elements and the details for the -- the development south of Vanguard Way. So, with that I'm going to turn the podium over to Deb Nelson to describe the area north of Vanguard Way and, then, she and I and our team will be available for any questions. Nelson: Good evening, Chairman, Members of the Commission. Deborah Nelson. 601 West Bannock Street. As JoAnn mentioned, I'm going to focus in on the conditional use permit. I get to show you some pretty pictures of buildings and amenities. That's the fun part. So, Vanguard Crossing is the residential community that's within this larger mixed use area. We appreciate staff's support of the -- of the use as proposed and we are in agreement with their conditions. I guess -- excuse me. We will stay on that one for a minute. It includes this range of -- of housing types with one and two bedrooms in the apartments, one, two and three bedroom flats and townhome style and buildings that are arranged with four to eight units creating quite the variety. There will be only 366 of these in the first phase to comply with the phasing plan provided by ACHD. We will also have extensive open space taking full advantage of the pipeline that runs through that JoAnn and staff have mentioned and we will have pathways throughout, as well as extensive amenities. As Sonya mentioned four amenities are required. We have over 18 here. Just want to briefly show the layout of the heights that you can see. Most of the buildings here are two story townhome style buildings, with the three story apartments on the southwest and south, providing a great transition from the R-8 residential to the north and the mixed employment to the south. Again just -- here just to show you a little variety of the townhome type -- building types that are dispersed throughout. Sonya showed you Meridian Planning&Zoning Commission Item 1. March 17,2022 F15] Page 11 of 35 our elevations. I just want to highlight -- there is a variety of colors and materials, with architectural variation in the facades and the building roof heights. The interiors of the units will have a high end modern finish, with stainless steel appliances and kitchen islands and other finishes that you would expect from a nicer residential product. Similarly, the apartment buildings have complementary colors and materials, architectural variation in the facades, varying roof peak heights and well defined and welcoming patios and balconies. The clubhouse presents a striking look in the central amenity space with classic materials, including Ashlar stone at the chimneys, a dramatic three foot overhanging eaves with cedar post support and large windows. Roll up glass doors face the pool and the amenity area, bringing the outside in. The clubhouse is going to serve as the community center for residents to provide opportunities for gathering, for meeting, using the remote workspaces, the fitness center, outdoor barbecues, indoor and outdoor lounges with fireplaces and extensive recreation areas. Turning now to the site plan and the amenity features. You can see here the central amenity area with its location within the larger site plan. The central amenity area has that clubhouse I just described. A pool, pickleball courts, play structure, pathways, picnic and barbecue areas and a game lawn. You can see that here in this rendering as well. The central spine amenity provides the multi-use pathways, extensive landscaping, and gathering nodes and seating throughout the development and the amenities are dispersed. So, you have got amenity areas in each area, not just in the large central amenity area. Up here in the northwest we have additional landscaped pathways and one of the dog parks. In the northeast we have a second pool and pool house. In the southwest we have another play structure and the barbeque area. In the southeast a second dog park. You have the extensive network of pathways that provides recreation opportunities for not only our residents, but the adjoining neighborhoods as well and provides safe pedestrian and bike commuting opportunities to connect residential areas with the employment areas. Here is just some concept images of some of our amenities. Then I just have a couple of design standards to address with you. This development is within and designed in accordance with the Ten Mile plan. We have just a couple of areas that we ask for flexibility within your detailed design standards for buildings. As you know, our buildings are going to be subject to a design review process that will follow this, but this is our opportunity to ask the city decision makers for guidance on that towards staff to provide them some direction on just a couple of areas where we plan to seek some changes from the standards. The first area involves the roof pitch for certain architectural features. The Ten Mile plan provides as a general guidance that these roof pitches fall within a range of 4-12 to 12-12. The vast majority of our buildings do that. We ask for two exceptions to be recognized. One is for our amenity buildings and this includes the clubhouse and the two smaller amenity buildings that are purposely designed with a lower pitch roof. This 2-12 pitch and that striking three foot overhang, to create an attractive and unique element that is set apart from the remainder of the residential community and really identifies it as this distinct gathering place. The clubhouse is a modern interpretation of the shed roof style, which is seen on barns and traditional farmhouses that are part of the history of Meridian. So, it's an intentional and important gesture to make this clubhouse this marquee architectural statement within the development, bringing in that history with also a nod to the new. The townhome garage roof has a similar slope with a 3-12 pitch also proportional and looking to that shed style. It not only creates dimensional interest, but it's also very functional in Meridian Planning&Zoning Commission Item 1. March 17,2022 F16] Page 12 of 35 this location as we have tried to show you here with this lower left image, because it allows the larger windows and lower sills. If it's steeper you block that opportunity for the second story to have that room for that feature. The second design standard we ask for some direction on involves the Ten Mile plan's guidance to provide front stoops that face public streets at 18 to 24 inches above grade. This creates a problem for ADA compliance, for accessibility to the front entrances of these residences. We also note that you have many places in the Ten Mile plan that promotes human scale accessibility, bringing the front entries closer to the sidewalk and really creating that feel of a pedestrian friendly environment. We feel that the design that we are proposing accomplishes that. We also appreciate the idea --the architectural idea in this design element with promoting that, you know, elevated stoop. It's really to create a dramatic feel to the entrance and we feel like we accomplish that through having our adjacent patio railings that really frame off that entrance and the balconies that cover it that also frame in that door. You have got places in your Ten Mile plan, again, that talk about the importance of having -- where you have homes that front streets that are accessible by garages and parking in the back that you really give both facades fair treatment and usable entries and that's exactly what we are trying to do. In the rear you access through the garage and in the front you have this main entry and we would like it to not just be decorative, but to truly be a usable entry that meets the building code for ADA compliance and the Fair Housing Act for accessibility. So, with -- with those requests I will stand for questions with the team. Seal: Okay. Thank you. At this point do we have questions for the applicant or staff? Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: For staff. The pathway that goes along 1-84, it shows it on this parcel. Is the idea that that is going to kind of continue as development goes between Ten Mile and Black Cat? Allen: Mr. Chair, Council Woman Lorcher, yes, that is the intent. Lorcher: Thank you. Yearsley: Mr. Chairman? Seal: Commissioner Yearsley, go ahead. Yearsley: Can you go back to the slide that you had two and three stories? It went through pretty fast and I wanted to make sure I understood which ones were two and three story. Nelson: Commissioner Yearsley, this one? Meridian Planning&Zoning Commission Item 1. March 17,2022 F17] Page 13 of 35 Yearsley: Yeah. I was -- I was kind of making sure that we didn't have the three story up against the residential to the north, so thank you. Seal: Commissioner Grave, go ahead. Grace: Thank you, Mr. Chair. I'm not sure who this question is for. Maybe the applicant. But do you -- and forgive me if this is an obvious question that -- that -- that doesn't need to be an issue for me. Do you happen to know how deep that 24 inch pipeline is? Nelson: Chairman, Commissioner Grace, I don't, but we have our engineering team with us. Grace: Yeah. Nelson: They probably have the -- six feet? Six feet. Grace: Okay. And I assume that's probably some federal regulation that it has to be a certain depth. But I only ask the question, because it looks like it's in a -- it's in that pathway common area and, obviously, that's an item that would be very important to keep safe and I'm wondering if -- six feet sounds sufficient to me, but I'm wondering if there is any comment you might have about the ability, potential likelihood, or anything that it could get damaged, that people would be digging in that area or anything like that, because, again, it is a common area. Nelson: Chairman, Commissioner Grace, we will certainly comply with all the city standards for depth and for separation between the water and the sewer. Grace: Thank you. Seal: Couple questions I have got here. So, I will just start out with the -- the first one and you mentioned a secondary access to the north. Can you add a little flavor to that? I just want to make sure we are talking about something that's going to be like an emergency access, not regular access here, or like a cut through. Nelson: Chairman, that's correct. We will only provide emergency access at this time until as authorized by ACHD and incorporated as conditions here until there is alternate access up to -- to Franklin or to Black Cat. So, at this time it will only be bollarded emergency access to the north. Seal: Okay. And this one between you and Sonya -- Sonya, I have heard a lot of different numbers thrown out. We have got 136 -- limited to 136 units, 550 -- 552 total units. But you said you would be limited to 366 units. So, what are we limited to by ACHD? Nelson: Chairman, I could jump in and, then, Sonya can -- can answer as well. I think, Sonya, you mistakenly did say 136. So, we were correcting that in our presentation to say 366, which is the number that ACHD has authorized there. Meridian Planning&Zoning Commission Item 1. March 17,2022 F18] Page 14 of 35 Allen: Sorry. Thank you. I was reading the options straight out of the ACHD report. One of the options was for the 136 and the other was for the 336, so -- Nelson: Three sixty-six. Allen: Excuse me. Yes. Whatever. It's in your hearing outline. Seal: Okay. Okay. Yeah. I just -- Allen: Or you can reference the ACHD report. It's -- it's site specific condition number one. Seal: Got you. Allen: They left the applicant some options to comply. Seal: Okay. Thank you. Third question is on the -- the variation of the roof pitch and the front porch elevation. Is that something that's going to be, essentially, handled by City Council as part of the CZC or -- Allen: Chairman, Members of the Commission, that is part of the design review process. There is design guidelines in the Ten Mile Interchange Specific Area Plan that are subject to buildings within this area, as well as the Architectural Standards Manual design guidelines. The applicant is requesting that Commission -- Council approve a -- an alternative roof pitch for certain buildings out there and they would like that memorialized in the development agreement or direction given to staff on preference. Or if that's amenable to them. Seal: Thank you. Does anybody else have questions? Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: For staff. In regard to the roof pitch request in the Ten Mile interchange building plans have any waivers or alternatives already been approved or would this be the first? Allen: Mr. Chair, Commissioner -- Commission -- Commissioner Lorcher. Excuse me. Are you -- are you referring to this development orjust in general? In the Ten Mile area? Lorcher: Right. Have we done waivers before? Allen: I'm unsure, to be honest with you. There is -- there is no real waiver in the Ten Mile plan. They are design guidelines. They are not standards. Lorcher: Okay. So, guidelines. Meridian Planning&Zoning Commission Item 1. March 17,2022 Fig] Page 15 of 35 Allen: So, where-- I believe the Ten Mile plan says where at all possible or--or something to that effect, that all -- all roof pitches should be between those pitches specified. Lorcher: Okay. Seal: Other questions? Comments? All right. Thank you very much. Nelson: Thank you. Seal: All right. At this time we will take public -- public testimony. Madam Clerk, do we have anybody signed up? Weatherly: Mr. Chair, we do. The first of which is Garrett Scott, who is online. Garrett, you should have the ability to unmute yourself. Scott: Hi. I'm just here as part of the Vanguard team to answer any questions if necessary. Thank you. Seal: Can you give us your name and address for the record, please? Scott: Yes. I apologize. Garrett Scott. And my address is 507 18th Street in Cody, Wyoming. Seal: Okay. Thank you. Does anybody have any questions for Mr. Scott? Okay. Thank you, sir. Weatherly: Mr. Chair, next is TJ Winger also online. TJ, you should be able to unmute yourself. Winger: Can you hear me? Weatherly: Yes, sir. Seal: Yes, we can. Go ahead and give us your name and address for the record and -- Winger: Thank you. TJ Winger. 800 West Main, Boise, Idaho. Part of the architecture team on the project. Just wanted to say thank you for your time and give a brief mention on the roof slope and the ADA requirements. We have probably got 5,000 units in design right now in various scales of projects and sizes and done quite an extensive amount of studying these project types similar to you guys. In trying to make these projects successful we often see that the amenity portion of the project is something that's set apart and different, identifiable and adds excitement to the project and with this particular request for the roof slopes we feel that that's -- that's the intent and the goal there is to make a sense of place within the community that access the -- the gathering place. It's identifiable by children. It's identified -- identifiable by the neighbors and surrounding community users. So, we -- we do think that that's an exciting element that could really Meridian Planning&Zoning Commission Item 1. March 17,2022 F20] Page 16 of 35 strengthen the project as a whole and give that sense of place within the community. Regarding the ADA requirements, we are helping other clients that have this problem in in lawsuits currently, because they -- they check a box rather than following through in depth study of ADA, ICC, FHA requirements for their projects and so knowing that, we just wanted to bring that to the attention of the city, so that we could have this discussion to make sure we are designing projects that are in accordance with the ICC and FHA. The stoops are very nice. We love that. It creates that front porch feel. Neighborhood streets. It activates the streets. Really gives a sense of place and scale and so we tried to accommodate that in the design with the railings at the front porch, the coverings of the front porch, so that all of the elements and concepts behind the stoop are in place. The only item that is missing is the steps so that we can make those ADA compliant. But you will notice on the design that every -- every front door is covered, every front door has a porch and every front door has the elements that are desired from what a stoop brings, but we just are -- are asking for consideration on the steps that come along with that and thank you for your time. Thank you. Does anybody have any questions? Okay. Weatherly: Mr. Chair, that's all that I have indicating a wish to testify. Seal: Would anybody in chambers like to come up and testify? If so would you raise your hand. No one? Anybody online? Do we have anybody raising hand online? Weatherly: Not at this time, Mr. Chair. Seal: Okay. With that would the applicant like to come back up? Yearsley: Mr. Chair? Seal: Oh. Yearsley: Before we -- Seal: Commissioner Yearsley, go ahead. Yearsley: Can I just ask if there is anybody from Williams Pipeline in the audience today? Most times they usually have someone come in for these type of deals, so I wasn't sure if anybody was here. Sounds like no. Thank you. Seal: All right. If the applicant would like to come back. Nelson: Mr. Chairman, Members of the Commission, thank you for your consideration of this project. I know there was a lot of materials in the record. We appreciate your careful review of it. Especially appreciate Sonya and her team, because I know she did a ton of work on this and through that effort we have really been able to come to a project that I think we can be proud of and hopefully you can, too. We -- we have been coordinating -- Commissioner Yearsley, to your question just then, we have been coordinating extensively with the Williams Pipeline folks, as we will continue to do with the service Meridian Planning&Zoning Commission Item 1. March 17,2022 F21 Page 17 of 35 providers here and just a little bit of reminder for context, this is a -- a rezone and change to an existing approved development here and the uses that are being proposed with this development are all cumulatively less intense than what is already approved here. So, we think for all the reasons that JoAnn laid out so well in her presentation, you have got increased connectivity and ability to take advantage of the pipeline here and the roads and so we think it's going to be a great opportunity to improve upon what you guys have already approved in the past. So, we thank you for your consideration. We ask for your support and your approval. We do ask for your comments to staff if you are so inclined on the design standards we addressed and -- but we are in support of the staff report and the conditions of approval. Thank you very much. Yearsley: Madam Chair or-- Seal: Commissioner Yearsley, go ahead. Yearsley: Sorry. Seal: I'm -- I'm not Rhonda. Yearsley: I know I have been so used to Rhonda, so -- just -- just with that with the Williams Pipeline. Have you been in contact with them regarding the landscaping? Have they had a chance to review that and are okay with the landscaping? Nelson: Chairman, Commissioner Yearsley, yes, they are in -- in support of the landscaping, which, as you may note, doesn't include trees within their easement area. Yearsley: Yeah. I noticed it was pretty intense with the landscaping, so I wanted to make sure that they had a chance to review that. So, thank you. Seal: I have a quick question on the -- it seemed like there was two different options given by ACHD, one with 156 units, the other with 366 units. The one with 156 sounds like they were trying -- they -- that included more commercial development at the time. Can you speak to that? Nelson: I may need to grab the staff report to look at the exact language, but, chairman, the short answer is that the -- that ACHD was trying to provide options that would have the same impact in productivity of-- of traffic specifically to keep our trip generation within the 3,000 trips that Vanguard Way, as a single access for the first phase, could support and so they provided options that would accomplish that and the option that we have selected to move forward with the phasing that we have proposed includes 366 units of the multi-family and the mixed employment area to our south, so that you get a combination of the -- of the mixed use elements here. Seal: Okay. Thank you. Yearsley: And then with that -- Meridian Planning&Zoning Commission Item 1. March 17,2022 F22 Page 18 of 35 Seal: Commissioner Yearsley, go ahead. Yearsley: They are planning to do a signal at that intersection, too; correct? At Ten Mile and Vanguard Way? Nelson: Chairman, Commissioner Yearsley, yes. Yearsley: Okay. Lorcher: Chairman? Seal: Commissioner Lorcher. Lorcher: Isn't there already alight there? At Vanguard? Nelson: Chairman, Commissioners, we will be adding the extension and turn lanes associated with the Vanguard improvements at that light. Improving the signal that's there. Lorcher: Okay. Seal: Anybody else? All right. Thank you very much. Nelson: Thank you. Okay. At this time can I get a motion to close the public hearing for Item No. H-2021-0081? Wheeler: So moved. Lorcher: Second. Seal: It's been moved and seconded to close the public hearing for Item No. H-2021- 0081. All in favor, please, say aye. Any opposed? Okay. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Seal: Who would like to comment first? Wheeler: Mr. Chair? Seal: Go right -- go right ahead. Wheeler: Yes. I have -- I personally like this plan, mainly because there is -- I think there is a lot of features, too, but one of them is that they are -- when they went from an R-40 to an R-15 use on this, I'm liking to see more properties not carry as much density on them. I like the street -- I like the -- the landscaping plan that's here. I like the extra amenities that are there. The pickleball courts. I have a good friend that's a pickleball Meridian Planning&Zoning Commission Item 1. March 17,2022 F23] Page 19 of 35 player. He's going to be excited about that, more and more of that in the area. I think we have seen plans before or concepts before that have -- that have carried much greater density than these and so that's nice to see and when it's speaking to the pitch -- the pitch on the roof and the ADA compliance on not having the steps on there, I'm in support of -- of both of that from what they have put forward. It makes sense to go ahead and have a flat access up to the front onto the ground level floors -- or, excuse me, to the ground level apartment -- apartments and the pitch on the roof I'm -- I'm -- maybe I'm missing something here on what the big to do about having a certain rise and pitch on the roof and things, but to me being within those kind of standards or within those guidelines I'm not seeing -- I'm not seeing a bigger issue here, so -- Seal: Thank you. Anyone else? Yearsley: Mr. Chair? Seal: Commissioner Yearsley, go ahead. Yearsley: I actually like the revised phasing on this and to try to minimize the amount of access to Franklin. My initial look at this was very concerning that they would have a lot of cut-through traffic through that residential area. So, I like the -- the updated phasing regarding that. I also --when I initially looked at the staff report I was concerned that they had had more three stories in that area as well. So, I like the fact that they have -- they have staggered that and had more of the two stories. So, it gives me a little bit more -- better level of comfort where that's going in, so -- and I -- with the -- with the roof pitch variation, where it's only a small portion of the structures that's the smaller pitch, I think that's very appropriate to do that, to kind of give it a different feel or a different look. And the -- requiring the 18 to 24, I'm -- I'm sure they could make it work with the ADA compliance, but I don't know if that to me is a big issue either, so I -- I would be okay with both of those variations. Seal: Okay. Thank you. Any other comments? I will jump in here a little bit and say I really really like this product. I like the way that it's -- it's got good spacing, it integrates well. I think the R-15 over the R-40 is going to transition a lot better. The -- the -- the pathways and the ride ability, walkability, run ability of it, especially if you kind of live/work in that area where you can do just about anything you want in that area is -- I find that to be very nice for sure. So, as far as the variation on the roof pitch, I'm kind of in the same camp as others that have spoken so far, so I don't mind that, especially since it is a central amenity. It's designed to be different. It's designed to look different. You know, as long as that doesn't get us too far out of the Ten Mile plan I think that that's acceptable as, you know, essentially, a one off in the -- in the place as a central structure. The front porch elevations, I -- I will leave that up to staff. I mean, obviously, we want to be ADA compliant, so if there is something in -- if there is something in the Ten Mile plan that makes that, you know, nonattainable then, obviously, that's something that we will want to take a look at within the guidelines of it. Having a zero threshold on there, if-- if that's kind of where they are going with it, I have some reservations about that, just because when we get snow and we get rain and if that sinks in a little bit towards the front door you got a great Meridian Planning&Zoning Commission Item 1. March 17,2022 F24 Page 20 of 35 big icy puddle there. So, hopefully, that's not where we are going with it. But I wouldn't think that that would be the case. One of the concerns I have here is just with the three stories on the west side of the property, just talking about transitions and how we are going to transition to the property that gets developed to the west of that when it develops. I think maybe pulling those three stories inward and putting the two stories on the west side would help to transition better when that happens, instead of forcing somebody to come up with something that's going to help transition into a three story wall, you know, right at their border, I think that maybe moving those three stories in would be helpful for sure. As far as the phasing plan, I share Commissioner -- Commissioner Yearsley's sentiments on that. I would actually like to see less of the residential develop and more of the commercial develop. I know there is a gold rush on to buy houses here, but the thing that we need more than a place to go is a place to go to, meaning that, you know, we have got plenty of people here that need a place to work. So, it would be nice to see more emphasis on the work portion, less than the -- the live portion. But I do like that they are going to develop together. Lorcher: Mr. Chair? Seal: Commissioner Lorcher. Lorcher: Since we are voting tonight on the development agreement modification -- well, it has no action required from commission. A rezone, a preliminary plat, and a conditional use permit, in regard to the front porch elevations and the roof pitch, is that part of our -- our motion or -- or we are not -- we are not really voting on that, we are voting on the rezone, plat and conditional use permit; correct? Seal: That's correct. But like Sonya had said earlier, that's part of the Ten Mile plan, so it's part of the design standards. Lorcher: So, when we make a motion we need to address the variations of the roof pitch and the front porch elevations or no? Seal: Well, Sonya, you can speak to this, but my understanding is it's already in the -- it's already in -- Lorcher: The staff report. Seal: -- the staff report or the applicant's response to the staff report and your response to them as far as where we stand on it. Is that correct? Sonya: Chairman, that's pretty much correct. It is part of the development agreement modification that is acted on by City Council, which is not before you. However, you are free to make any recommendations to Council you wish with the application. Seal: Anyone else? Meridian Planning&Zoning Commission Item 1. March 17,2022 F25] Page 21 of 35 Yearsley: Mr. Chairman? Seal: Commissioner Yearsley. Yearsley: After considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number H-2021-0081 as presented in the staff report for the hearing date of March 17th, 2022, with the following recommendations: That the requested design standard changes be approved. Wheeler: Second. Seal: It's been moved and seconded to approve Item No. H-2021-0081, Vanguard Village, with the aforementioned modifications. All in favor, please, say aye. Any opposed? Motion carries. Thank you. MOTION CARRIED: SIX AYES. ONE ABSENT. 7. Public Hearing for Faissy's Child Care (H-2022-0002) by Faissy Kwizera, Located at 1322 E. Grand Canyon St., Near the Southwest Corner of E. McMillan Rd. and N. Locust Grove Rd. A. Request: Conditional Use Permit for conditional use on 0.17 acre of land in the R-4 zoning district to allow group daycare of more than 6 children. Seal: All right. So, at this time I would like to open the public hearing for Item No. H- 2022-0002, Faissy's Child Care. Hopefully I said that name right. And we will begin with the staff report. Tiefenbach: Thank you, Mr. Chair, Members of the Commission. Hopefully I also say this one right. Okay. This is a proposal for a conditional use -- Alan Tiefenbach, associate planner with the City of Meridian. Sorry. The site consists of just about .17 acres of land. It's zoned R-4. It's located at 1322 East Grand Canyon Street, which is southwest of East McMillan and North Locust Grove Road. The property-- so, the history of this property is that in 2021 there was an accessory use permit that was issued to this property to allow a family daycare. A family daycare is categorized as a daycare of six children and less -- or six children and less. Since that time the applicant has had another child and because the applicant has had another child and several of the childs that they are watching are actually not part of their family, this kicks them up to being what is called a group daycare, which is more than six, less than 12. Because of that a conditional use permit is required. My understanding from talking to the applicant is that that is the only change to what is presently occurring there. They don't plan on at this point having anymore children, except the one that they had. The -- the way that it works right now, they pick up and deliver the children. So, although they don't typically have people coming there, of course once in a while I'm sure that happens, but the -- the -- the -- the usual operation is that they pick up the children and they bring their children home. It Meridian Planning&Zoning Commission Item 1. March 17,2022 F26] Page 22 of 35 operates from 7:00 a.m. to 7:00 p.m. They said that the play time is limited to one hour after 9:00 a.m. and one hour after 1:00 p.m. in a fenced backyard and there is an additional parking space in front of the house and several along the curb if they needed to for pick up and delivery. We did receive two letters this week in opposition. The concerns expressed include traffic, whether or not there are going to be safety issues parking. There was also a comment about the CC&Rs from the HOA and whether or not this kind of business would be allowed in the subdivision. If -- if that gets too far to that discussion I will defer to Kurt, our city attorney, but in general we don't get involved in the civil matters between an HOA and the applicant, they are just requesting to us whether or not the city would allow them to do this use. With that I would stand for any questions or if the applicant is online and wants to speak further. Seal: At this time would the applicant like to come forward? Tiefenbach: The applicant may be online. Weatherly: Sorry, Mr. Chair. Faissy, you should have the ability to mute yourself. Kwizera: Yeah, we hear? Weatherly: Yes, we can hear you. Seal: Please state your name and address for the record and the floor is yours. Kwizera: This is Eric and I'm the husband of Faissy and the address is 1322 East Grand Canyon Street, Meridian, Idaho. 83646. Seal: Okay. Go ahead and tell us about your project, please. Kwizera: So, our project like -- yeah, like -- like what -- like what you said. I think he mentioned everything that we wrote in there and for people whose concerning about the parking and traffic, most of the kids we get it from ICC -- ICCP, it means most of the parents -- we have to pick up the kids and normally we just go and pick up the kids with our own cars, so I do the driving or my wife does the driving. So, with the traffic it won't be a problem for parking, because we are using our own car and if a parent wants to pick up the kid we -- they can just use our driveway to pick up and drop off. Yeah. So, honestly, we did have same like license of 12 in Boise and we were like on Moonridge Place in -- in the south. We never had any problem with that, because kids don't make -- they usually play in our background and we limit -- like he mentioned, we usually limit an hour and we tried our best -- we always do our best to keeping the neighbors -- like to be keeping quiet as possible for the neighbors, so that won't be a problem and as in CC&Rs, like actually HOA, I asked them and they say as long as we don't put a sign or we don't -- we don't -- we don't mess up the traffic, we don't cause any jam anywhere, it shouldn't be a problem, or if we tend to have that kind of traffic problem, then -- then they would have to talk to us. So, I believe it won't be a problem on that. Yeah. As my wife is saying, most of those people they are -- they don't have cars and so for them to drive Meridian Planning&Zoning Commission Item 1. March 17,2022 F27] Page 23 of 35 -- and that's why they are getting help from their health and welfare, for the ICCP to help them pay for the child care and we -- we do provide the -- the transportation. Seal: Okay. Thank you. Do you have anything else to -- to add? Kwizera: Yes. Like my wife, she just said, yeah, if we -- if we get an approval we really appreciate it, because that's the only thing she does, that we do -- we have been doing that for six years and we haven't faced any kind of problem and for those who are concerned with -- like the issue that they mentioned, the letter, that won't be a problem. They won't even know anything about -- like we have anybody in the house. They won't know, because it's programmed, we have enough play -- play inside for them and if it goes one hour to play outside it won't be a problem, there is -- there is somebody there to watch so they don't make noise. Thank you so much. Seal: Thank you. Do we have any questions for the applicant? Commissioner Wheeler, go ahead. Wheeler: Hello. Eric, this is Commissioner Wheeler. How are you doing? Kwizera: I'm doing good, sir, Wheeler: Good. I just have just some kind of quick clarifying questions, because I just wanted to make sure that I'm understanding it here correctly. So, you guys already have a daycare license that you have been using for six years; is that right? Kwizera: So, yeah, we -- okay. We -- we lived in Boise. We were in Boise and we were doing -- we -- we were doing a license of 12 with the city of Boise and because of the house had like most of the bedroom upstairs and -- and my wife she -- she wasn't -- like she wasn't able to keep going up and down to check on the kids and at that time when she got pregnant we decided to sell, so we can move to Meridian and we found a good house here that we love and we -- we are doing the license of 12 and once we got here they told us like we have to do six for now and we did apply for six. Right now we have -- we have six that we were approved and we have been doing for the 12 for the last -- we started since 2016. Wheeler: Okay. All right. And so -- and, then, from what I also understood that it is your -- your wife being pregnant that is moving you into this new category and why you have to come through for a conditional use permit; is that what I understand? Kwizera: Yes. So, whenever -- whenever we -- because they -- they -- if they give us a license of 12. I'm sorry. A license of six and my wife being pregnant that means that we cannot go -- and now she already have a baby anyway. She had a baby in December now. She had a baby in December. We have a couple months old baby here and this will really help moving. So, whenever we have -- we have another kid it means that we cannot watch the six kids there now, because it becomes seven we can't -- we are not allowed to watch according to -- to the license that we have we are only approved to Meridian Planning&Zoning Commission Item 1. March 17,2022 F28 Page 24 of 35 watch six and if we -- if we watch more than that it's -- it's illegal. We can't do that. We have to have six with ours. So, her having this baby it pushes the limit. That means we have to take some of my kids -- I have to take them to my -- to -- to my dad's house -- to grandpa, so we don't watch -- so we don't -- we don't mess up the numbers. Wheeler: Okay. And then -- and, then, one last question. Are you -- are you looking to try to add more children to watch, like, you know, eight, nine, ten, start moving that up more? Kwizera: So, that is -- if it's -- if it's possible. If not, but we still like that, because the reason -- the reason why we say that is -- let's say -- let's say she gets again, pregnant we going to need it again. We going to need it again to come back and ask for that and that's the reason why we need -- we need that room. We need that more room if it's possible we get those kids. So, I don't know how I can -- Wheeler: Okay. That's -- yeah, that's -- that's fine for my -- for my understanding on it. And, then, I was also reading some of the documents here and it sounds like you drive and go pick up the children and bring them back to the house. Is that how I understand it? Kwizera: Yes. I do drive most -- most of the parents don't drive, so I do drive or my wife will drive. I will go pick up the kid and -- and -- and -- and they drop and bring them inside and there is only one -- one of the things that she comes and drop in that -- Dora and, then, she will pick her up and she usually use our driveway, because we park inside. Wheeler: Very good. And, then, on a personal note, how is your baby doing? Doing well? Kwizera: She's doing good, but we are still trying to get some sleep and that. But other than that she's doing -- she's good. She's doing fantastic. Wheeler: Very good. Kwizera; There is no problem. Yeah. Wheeler: Very good. Well, congratulations and thank you for answering my questions. Kwizera: Thank you. Grace: Mr. Chairman? Seal: Go ahead, Commissioner Grace. Grace: Good evening, Eric. This is Commissioner Grace. I just have a quick question about your transportation. Do you pick up all the children at the same time or -- and/or bring them home at the same time or do you do that in multiple trips? Meridian Planning&Zoning Commission Item 1. March 17,2022 F29 Page 25 of 35 Kwizera: So, like -- that's a good one. So, like picking them up I will go and pick them up, because they live different places; right? So, I will go and pick them up and, then, come in and some parents will get home earlier than another one, so I will go drop off that one and -- and, then, come drop off the other one later and so we usually just do that in the -- in my -- because I have one that has more space, I usually just get in the garage and put them in there in the car seat and then -- and take off. So, it depends of the days, the schedule. Sometimes the parents might get earlier before the other one, so I will have to go drop off one and, then, come and drop off the other. Grace: Okay. Thank you. Kwizera: Thank you, sir. Seal: Anybody else? All right. So, at this time, if there is no further questions for the applicant or staff, we would like to take public testimony. Is there anybody signed up? Weatherly: Mr. Chair, we have a couple people signed in. The first is Louis P. Seal: Good evening, sir. Just give us your name and address for the record and the floor is yours. Pifher: Chairman Seal, Members of the committee. Good evening. For the record my name is Louis Pifher. I reside at 4562 North Heritage View Avenue, Meridian, Idaho. 83646. And I stand opposed to the applicant's request for a conditional use permit to operate a child care facility at 1322 East Grand Canyon in Havasu Creek Subdivision. I live two houses from this property and have lived in my residence since 2000 -- June of 2004. On the closing of the purchase of my home I received and agreed to the declaration of Conditions and Restrictions of Havasu Creek Subdivision, recorded on 8/26 of 2003, as have all current and future owners. Article 3, Section 1, states: Each lot shall be used for residential purposes. As used herein residential shall mean the use of the dwelling unit on the lot for living accommodations not for more than two unrelated persons, excluding guests of the principle occupant, which guests may reside therein on a temporary basis. Residential is not intended, nor shall the same be construed to include the use of the lot for the occupation of a shelter home for persons unrelated to each other or unrelated to the owner or occupant. Article 3, Section 7, states: Commercial use prohibited. Unless specifically admitted in a supplemental declaration, no lot shall be used at anytime for commercial or business activity, provided, however, that the declarant -- declarant or other persons authorized by the declarant may use lot for development and sales activity related to subject property. Any owner shall be permitted to rent the -- rent the owner's lot and improvements thereon for residential purposes, provided the use is limited to Section 3.1 herein and, otherwise, in compliance with this declaration. Any lease allowing occupancy or residency of the lot or use of any portion of the lot within the subject property shall be subject in all respects to this declaration. I am unaware of any attempts to amend the CC&R's of Havasu Creek Subdivision to allow for this exception. Also in the application it is stated that the neighborhood -- a neighborhood informational meeting was noticed and held on December 27th, 2021, with no attendees. I can tell you Meridian Planning&Zoning Commission Item 1. March 17,2022 F30] Page 26 of 35 1 live two doors away and we did not receive any notice of this meeting and as I am -- as far as I'm aware there has never been an application for a daycare center at that site in Meridian. They declared that they had a license to do this in Boise, but this is not Boise. This is Meridian. I thank you for your consideration on this matter. Seal: Thank you. Does anybody have any questions? All right. Thank you, sir. Pifher: Thank you. Seal: Madam Clerk? Weatherly: Mr. Chair, Siegfried Sendig. Seal: Good evening, sir. Sendig: Chairman and Commissioners. Seal: If you could state your name and address for the record. Sendig: My name is Ziegfried Sendig and I live at 44 -- 4499 North Heritage Wood Way in Meridian, Idaho. Just around the corner from where the applicants are. I know I have a three minute limit and I definitely will abide by that. I don't know if somebody left a thing here or -- it was here. Probably all of us have kids. I have got a lot of grandkids and -- I don't know, is this on or -- something's changed. Okay. So, we all love kids. We love kids. I love my grandkids. When I hear something like this -- this is awesome. But as pointed out, somebody moving an existing business into our environment, they knew what they were facing. If they are trying to bend the rules and trying to squeeze in, I'm sorry, I have lived here for 16 -- over 16 years and I love the neighborhood and I love the things that people that are riding their bicycles at 11:00 o'clock at night, it's just such a wonderful community -- community. You know, I mean I voted three times for the previous mayor and so I just love this area. We have got voted twice, I think, for the best city in the country to raise kids in. But we have rules and regulations what makes us so good and trying to bend them -- I don't think it's a good thing to change from R-4 to something else. Now there is six. Well, maybe some other kids might come on along besides that aren't their own. Well, then, we have to bend the rules again. Not to take too much of my time. will like to finish reading what I wrote. I request that any daycare in the Havasu Creek Subdivision be denied, including the request at 1322 East Grand Canyon Street in Meridian in the Havasu Creek Subdivision. The Havasu Creek Subdivision is 19 years old. I bought my house over 16 years ago. I knew my subdivision had CC&Rs in place that I have lived by all these years. Our CC&Rs do not allow zoning changes simply for the reason that zoning changes could be exploited for many reasons and diminish the quality of life that we have been able to experience over these years. Sorry. I'm a little bit dry. Our street traffic has already been recently increased. We are now through traffic for two recently added subdivisions off McMillan Road. East Red Rock Road is the main entrance for our subdivision off Locust Grove and is a major township road, as is McMillan Road. East Star Road, which is only four houses away from East Red Rock Road, which Meridian Planning&Zoning Commission Item 1. March 17,2022 F31 Page 27 of 35 our--which is our main access to Locust Grove, is now reduced to a one way road. Now, a year and a half ago in this chamber I witnessed the thing is that that road cannot handle the traffic. The existing -- Seal: That's -- that's your time, sir. Sendig: Oh. Seal: If you -- if you want to go ahead and finish up I will listen. Sendig: Yeah. And the -- the HOA guide thing has contradicted me. Well, he's now wrong, because the thing is that is a one way road with cars parked on both sides, five subdivisions -- that is the two new ones, ours, Raspberry Crossing, Heritage Common, Copper Basin and the Bernie Glen Subdivision, because when I talk -- I turn off McMillan -- Meridian Road I ended up behind a resident who pulled out of his driveway and I followed him down to my house, but the thing is before that he turned off on East -- East Star Road to access Locust Grove. So, five subdivisions are squeezing through our subdivision onto Locust Grove. We just can't have it. I mean, please, I'm pleading with you guys, please consider the things what we have. We don't want to lose anymore. We know the things -- the overcrowdedness that's coming to our area. We love growth, but at the same time we don't want to feel like rats in a cage. Please consider that. Seal: Okay. Thank you, sir. Madam Chair? Weatherly: Mr. Chair, that's all I have -- that's all I have signed up. But thank you for that. Seal: Thank you. If anybody else in Chambers would like to come up and testify or anybody online, please, press the raise hand button. No takers? All right. If the applicant would like to come forward again, I would give you ten minutes to speak. Grace: Mr. Chairman, is it possible at this point to ask a question of one of the gentlemen who spoke? Seal: Absolutely. If they would like to come back up. Grace: Louis -- I think that's your first name. Just because you maybe live a little closer I had a quick question for you. Do you have any specific concerns, whether it's safety or noise or traffic or -- I -- I don't know that I heard you indicate any specific concerns you have about the potential for more -- Pifher: Well, the most specific concern I have, as a past homeowners association president, everybody wants to make an exception to the rule. The person that moves in two doors down that decided to run a muffler shop out of his garage. The person that was four doors down that decided he was going to run a meth lab out of his house. All of these things I -- I wouldn't expect you to -- them to come here and ask you for an exception, but we, as residents, are expected -- when I moved in, like I said, and Meridian Planning&Zoning Commission Item 1. March 17,2022 F32 Page 28 of 35 everybody else that's moved in and the people that are here applying for this, moved in less than six months ago, they had those set of covenants given to them. They had an opportunity to find a subdivision or to find a location that would allow the -- the daycare center in their-- in their subdivision. We have a daycare center less than one mile away on Star Lane that is zoned for that. Ours is not zoned for that. They are asking for an exception. It is not -- I didn't come here asking for an exception, I came here to ask you not to put an exception. This also does not -- the thing they didn't mention is it also puts more school buses into the neighborhood, because these are exceptional kids and they have to be bused from the house. So, they stop in front of the house to pick up and as a school board member I don't mind that, you know, coming into the neighborhood to get it, but to increase -- if it's my -- if it's my student, if it's your student, that's fine. But if you are bringing in six or seven students that are going to be bused from your location, then, kind of have a -- start to have a little problem about it. Thank you. Grace: Thank you. Seal: Commissioner Wheeler, go ahead. Wheeler: Mr. Chair, I would like to ask him some more questions, too, since he's posted here. Hello. It's Louis; is that right? Pifher: Yes. Wheeler: Louis. So -- so, the -- the school bus situation that you just brought up here, so you are saying that there was already a stop that was there? Pifher: No. Wheeler: Okay. So, there is an additional stop that's made. Pifher: Correct. Wheeler: Okay. So, from my understanding of -- I have had three kids all gone through the Meridian School District. School bus routes just change based upon density of population of kids that are in there; right? Pifher: Correct. Wheeler: Okay. Pifher: And there are school bus stops at the front of the neighborhood, but exceptional kids are bused on special -- special buses and they are picked up and dropped off at their home. Wheeler: Okay. So, what you are saying is you don't like the extra special bus that swings by their house to pick up the kids? Meridian Planning&Zoning Commission Item 1. March 17,2022 F33] Page 29 of 35 Pifher: I'm just saying it does create more traffic in the neighborhood -- Wheeler: Okay. Pifher: -- in the front of their house. Even if they are going to pickup all of these children and bringing them home, they are not making the trips to the school. Wheeler: By exceptional kids you mean kids with special needs, is that what you are getting at? Pifher: Kids with special needs. Wheeler: Okay. So, my question is that somebody that's a city -- you know, resident of Meridian, as you are, too; right? We want to take care of our neighborhood and everything like this -- where do we draw the line, then, on where we start to say it's okay for a bus to come through with special needs or not? Pifher: I have no qualms about the bus coming through. I have qualms about the exception to the rule that the daycare enter is allowed where it's not supposed to be. Wheeler: No, I -- I head that, but you also brought up the issue of the school bus and that's why I wanted to address that. Pifher: Well, I only brought up the issue of the school bus to say that there is more traffic in front of that house. Wheeler: Okay. But if there was a neighbor that moved into the subdivision that also had a special needs kid and they needed to have a bus that was a swing by there, too -- Pifher: That would be perfect. And it is perfectly fine to have the kids picked up that they have there on a special needs bus. Yes. I am all for busing. That takes more traffic off of the highways that we have. Wheeler: And that's what's happening here. Pifher: Yes. Wheeler: Okay. That's all I -- that's all I needed to know. Thank you. Seal: Thanks, sir. Pifher: Thank you. Seal: Okay. Anybody else? No. Kwizera: It's Eric. I have a question -- I have something to say about that. Is that okay? Meridian Planning&Zoning Commission Item 1. March 17,2022 F34] Page 30 of 35 Seal: Yeah. Absolutely. I was going to have you go ahead and come back up and -- and speak again if you would. Kwizera: Yes. Mr. Louis, the school bus that you see, my son has -- my son is the -- is the disabled -- he got diagnosis with something called HO something and the bus comes there to pick up my son. His name is Isaiah. He goes to Discovery Elementary. So, we have -- with that I feel -- I'm very sorry if we offended you somehow, but that's not how -- we give -- we give to kids, but we don't choose how they come, you know, and that's our kid. So, that really hurts our feelings and -- but, again, we appreciate -- we really apologize for that concern. But that bus does not pick up anybody for -- for a daycare. You can --you can go and ask Discovery Elementary, that's where our son goes to school. So, we have -- we have -- anybody that gets pick -- the bus that comes to our house for our son, it's not for anybody else. Discovery Elementary knows and so they can -- it's -- it's like -- it's a way of training for him to get in the bus and feel like he's going to school, because we try -- that's our-- I don't know what I can add and so I -- I really apologize for that. That does not create any traffic and in that bus goes down there, but if that -- that stop was added for our kid -- for our son. Thank you. But he -- he mentioned that the letter. The letter was sent to everybody. Before I send the letter about the meeting I did send it and, then, I gave them more than ten days -- for at least ten days for that letter before -- when I send the letter I give them ten more days and, then, I send them on the letter I -- I left in the -- if anybody won't be able to attend I will be hosting a Zoom meeting. I put my -- I put my -- my e-mail there. If anybody want to join via Zoom, e-mail me or call me, I will give you the link. Nobody showed up. Seal: Okay. Kwizera: That's all I can say. Seal: Okay. If that's all they have to add, are there any other questions for the applicant or staff? No? Okay. Thank you, sir. I appreciate it. And at this time I would like to get a motion to close the public hearing. Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to close the public hearing for Item No. H-2022- 0002. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Meridian Planning&Zoning Commission Item 1. March 17,2022 F35 Page 31 of 35 Lorcher: I have a question for staff. So, if-- if they still only had six children and because she had a baby now there is seven -- if she had six children would they even need a conditional use permit? Are they allowed to run a family daycare without any other additional licensing in the City of Meridian? Tiefenbach: Mr. Chair, Members of the Planning Commission, they would be able to do it under an administer -- accessory use permit, which is administrative and would not go to a public hearing. It's really them having a baby that triggered this. Lorcher: Right. So, did they already have the -- Tiefenbach: Correct. They already had an accessory use permit to run the business. It was having the baby that made them CU. Lorcher: They already had the accessory use permit. Tiefenbach: That is correct. For six children. Lorcher: And I didn't hear how-- they have the baby and they have their son. Of the two children -- there are just two for them? Are you still -- Tiefenbach: I didn't catch how many were there -- theirs. I'm sorry. Lorcher: Okay. Parsons: So, Mr. Chair, Members of the Commission, if I could just expand upon the rules a little bit more and so clear up the confusion tonight. So, the way the code is written is you can watch up to six children or more --or six or fewer in your home and that includes your own. So, for example, if -- if you had four of your own kids and you applied for an AUP, the city could only allow you to watch two more for a total of six. In this particular case they are probably -- they have two children, they are probably watching -- they probably had more than that, they probably had five and they added this second child and it put them to seven. So, I want to make it clear on the record, too, that a daycare group is not a daycare center. It's not a commercial business. That's not what we are here discussing tonight. What we are discussing is allowing him to use his home for a community service for residents that live in the area and allow -- his home -- his occupancy of his home remains a residence and that's how the building code treats it as well. So, all we are doing this evening is--your purview this evening is how many children are you willing to allow him to watch out of his home. That's really what the purpose of the conditional use is tonight. We are not a party to those CC&Rs. We can't enforce CC&Rs, that's something that's going to have to be taken -- taken up out of consideration from this body here. Right now before you is whether or not you want to allow this gentleman to expand his day-- in-home daycare from six to -- to seven or allow him to go to 12. Again, that's within your purview. You can -- in this process you can allow him to watch up to 12 based on the public testimony. That -- that's your purview this evening, is Meridian Planning&Zoning Commission Item 1. March 17,2022 F36] Page 32 of 35 whether or not 12, eight, nine, ten, 11 -- or between seven and 12 is appropriate for him to use his home. Seal: Okay. Thank you, Bill. Grace: Mr. Chairman? Seal: Go ahead. Grace: Question for staff. If-- if the application is denied and the family has had a child, what would be the -- what's -- what's the enforcement mechanism if they are in violation of their current zoning I guess. Tiefenbach: Members of the Commission, it would be a zoning complaint. Zoning enforcement. How do -- how do we enforce that? It's -- it's whack a mole. We would go out and they would have a code -- code compliance officer investigate to see if there were more than six children there. If this was denied, then, they would have to tell one of the families of the children that they were watching that they could only have six. Grace: Thank you. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: For staff. Did the family say that they were really only looking for seven or did they want to increase it to 12? Tiefenbach: I would leave that to Eric. My understanding is this whole thing is being triggered because they had another kid. Lorcher: Correct. So, do they want to expand their business to 12 or they just want to accommodate the seven, because they had the baby? Tiefenbach: I would have to defer that to Eric. If you wanted to limit this to the number that they are now representing. Parsons: Mr. Chairman, I believe he testified he would like to go up to 12. 1 remember hearing that in his public testimony. Seal: I agree. Lorcher: Because he said if they choose to have another child he doesn't want to go through this again. Seal: Anyone else want to chime in? Meridian Planning&Zoning Commission Item 1. March 17,2022 F37] Page 33 of 35 Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: I -- I think it's actually very considerate that they are even coming before the body personally. So, a lot of these -- there is a lot of people that just watch an extra two kids here and there, kind of push up to this, kind of do like a quasi-home daycare thing and don't even get licensed through the state for these things. My wife ran a home daycare thing and -- for several years and it's just -- it's nice to see people being this genuine in this process here and to -- to realize that they are even coming forward saying, hey, we have another kid and that's the only reason why they are coming forward at this juncture, that just shows -- to me that shows, you know, good ethics and wanting to be a good citizen. I -- I'm hesitant and this isn't saying anything bad or rude, but I don't want to get involved with family planning decisions based upon permitting for businesses. So, with all that being said, after considering all staff, applicant, and public testimony, I move to recommend approval for the City Council to file number H-2022-0002, as presented in the staff report for the hearing date of March 17th, 2022, with no modifications. Yearsley: Second. Lorcher: Second. Seal: Okay. It's been moved and seconded to close the public hearing -- or sorry. It's been moved and seconded to approve Item No. H-2022-0002, with no modifications. All in favor please say aye. Any opposed? Oh. Starman: Maybe before can I ask -- Seal: Go ahead. Starman: I just want to ask staff a quick question. Does this require a recommendation to the Council or is this an action item for the Commission? Seal: This is approval. Tiefenbach: This is approval. Conditional use. Starman: So, the maker of the motion is okay with that? I think -- I think we -- maybe I missed -- I thought he said recommendation. Are we okay with approval? Seal: Sorry, I didn't catch that. I think that's correct. So, this is for approval. Yearsley: Yeah. Wheeler: Correct. You're right, it does say recommendation here, instead of approval. Do I need to re-speak the -- Meridian Planning&Zoning Commission Item 1. March 17,2022 F38 Page 34 of 35 Starman: As long as the maker of the motion and the second is okay with that clarification were fine. But I just wanted to make sure it's approval, not recommendation. Wheeler: Okay. I move for approval on that-- recommend approval -- excuse me. Then I move that we approve -- Lorcher: And the second -- Wheeler: -- file number. Lorcher: Second. Seal: Second stands? Okay. Parsons: Mr. Chair, clarification. Seal: Go ahead, Bill. Parsons: Part of the daycare requirements for group -- you have to state the number of children you want them to -- to watch. So, I would encourage you to include that as part of the motion as well. Wheeler: Rewind. Parsons: Thank you. Wheeler: Okay. Let me rewind and re-run this again. Okay. After considering all staff, applicant, and public testimony, I move to approve File No. H-2022-0002 as presented in the staff report for the hearing date of March 17th, 2022, for a daycare license up to 12 children. Yearsley: Second. Seal: It's been moved and seconded -- moved and seconded to approve Item No. H- 2022-0002 with the aforementioned modifications. All in favor say aye. Any opposed? Okay. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Yearsley: Mr. Chair? Seal: Commissioner Yearsley, go ahead. Yearsley: I move we adjourn. Seal: Do I have a second? Meridian Planning&Zoning Commission Item 1. March 17,2022 F39 Page 35 of 35 Grace: I will second that. Seal: It's been moved -- it's been motioned and seconded to adjourn. All those in favor say aye. Any opposed? Motion carries. Thank you all. MOTION CARRIED: SIX AYES. ONE ABSENT. MEETING ADJOURNED AT 7:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED 4 17 12022 ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Item 1. 4 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 3, 2022 Planning and Zoning Commission Meeting Meridian Planning&Zoning Commission Item. March 3,2022 F44 Page 40 of 40 MEETING ADJOURNED AT 8:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ANDREW SEAL - CHAIRMAN Approved 3-17-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Item 2. 45 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Eagle Road Daycare Facility (H-2022- 0007) by 814 Development, LLC, Located at 3060 S. Eagle Rd. CITY OF MERIDIAN V IDIAN;--- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for a Daycare Center Providing Childcare for up to 216 Children in the C-C Zoning District for Eagle Road Daycare Facility,Located at 3060 S.Eagle Rd.,by 814 Development,LLC. Case No(s).H-2022-0007 For the Planning& Zoning Commission Hearing Date of. March 3,2022 (Findings on March 17, 2022) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of March 3,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 3,2022,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 3,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 3,2022,incorporated by reference) B. Conclusions of Law I. 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).EAGLE ROAD DAYCARE FACILITY CUP H-2022-0007 Page 1 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 3,2022, 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 § 1I- 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 3,2022,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 11-5B-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. 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 3,2022 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).EAGLE ROAD DAYCARE FACILITY CUP H-2022-0007 Page 2 By action of the Planning&Zoning Commission at its regular meeting held on the 17th day of March ,2022. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER NICK GROVE,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MARIA LORCHER VOTED Andrew Seal, Chairman 3-17-2022 Attest: Chris Johnson, City Clerk 3-17-2022 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: 3-17-2022 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).EAGLE ROAD DAYCARE FACILITY CUP H-2022-0007 Page 3 Item 2. ■ EXHIBIT A C� E IDIAN�-- STAFF REPORT f D A H 0 COMMUNITY DEVELOPMENT DEPARTMENT IaLq HEARING 3/3/2022 legend � � DATE: 0 Project Locattor. TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner lam: _ - 208-884-5533 SUBJECT: H-2022-0007 Eagle Road Daycare Facility—CUP E_ 1 - =K D __ E'V1 CrORK IUD LOCATION: 3060 S. Eagle Rd.,in the SW 1/4 of - Section 21,Township 3N.,Range IE. I. PROJECT DESCRIPTION Conditional use permit(CUP) for a daycare center providing childcare for up to 216 children in the C-C zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1 1.15-acres(future Lot 3) Future Land Use Designation Mixed Use—Community(MU-C) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Daycare center Current Zoning Community Business District(C-C) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 12/9/21 attendees: History(previous approvals) H-2019-0090(Inglewood Place Sub.AZ,PP— Development Agreement Inst.#2019-124424);FP-2021- 0037(Inglewood Sub.2);H-2021-0095(DA modification —in process) Page 1 IIH NII H ;' ■�I'�-I11 �Fii — , :i,i- = - - ' - •fin'. .s.vim Me� -ZA I INN 11 NI�H�J IIH [INII"H � alll Ii��1-' � �11111 111!!11 ..i- . .., � ee � • �I���ee loom is moll Hill I • • •� .• ' •.• 11 t *1 i � Item 2. F5_1 EXHIBIT A C. Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 2/15/2022 Radius notification mailed to 2/14/2022 properties within 300 feet Site Posting Date 2/21/2022 Next Door posting 2/14/2022 V. STAFF ANALYSIS A 13,660 square foot daycare center is proposed in the C-C zoning district which is designed to accommodate a maximum of 216 children and 24 staff members. A daycare center requires Conditional Use Permit(CUP)in the C-C zoning district as set forth in UDC Table 11-2B-2 and is subject to the specific use standards listed in UDC 11-4-3-9. Childcare and early education is proposed to be provided for children age 6 weeks to 6 years with after-school programs for children up to age 12; see application for more information on the proposed curriculum. A modification to the existing Development Agreement(DA)was recently approved by City Council to update the conceptual development plan approved for the site to allow for development of the proposed use and the site layout(H-2021-0095)but has not yet been recorded. The proposed site plan is consistent with the updated conceptual development plan and uses approved with that application. The amended DA and final plat for Inglewood Subdivision No.2,within which this site is located,must be recorded prior to submittal of a Certificate of Zoning Compliance application for the proposed use. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC H- 4-3-9—Daycare Facility, as follows: A. General standards for all child daycare and adult care uses,including the classifications of daycare center; daycare,family; and daycare,group. 1. In determining the type of daycare facility,the total number of children at the facility at one time, including the operator's children, is the determining factor. The applicant proposes to provide childcare for up to 216 children; because the daycare plans to provide care for more than 12 children, it's classified as a daycare center. 2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. On-site vehicle pick-up,parking and turnaround areas are provided; however, there is a driveway going through the parking area that will serve as a backage road to Eagle Rd. and will provide access to properties to the north and south. For safety,Staff recommends the row of parking on the east side of the Page 3 Item 2. ■ EXHIBIT A driveway is restricted to Staff members only and signed accordingly. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The maximum number of allowable clients should be limited to those specified in this application (i.e. 216). 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11,Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. The Applicant shall provide this information to the Planning Division as required. 5. In residential districts or uses adjoining an adjacent residence,the hours of operation shall be between 6:00 a.m. and 11:00 p.m. This standard may be modified through approval of a conditional use permit.A residential use exists on the abutting property to the north, zoned RUT in Ada County, and residential uses are planned on the abutting property to the east, zoned R-I S. However, the proposed hours of operation are Monday through Friday from 6:00 am to 6:30 pm, which will not exceed those hours. 6. Prior to submittal of an application for an accessory daycare facility in a residential district,the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-4.13 of this title.Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred(100) feet of the exterior boundary of the subject property.Not applicable The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title,whichever is more restrictive. B. Additional standards for daycare facilities that serve children. 1. All outdoor play areas shall be completely enclosed by minimum six-foot non-scalable fences to secure against exit/entry by small children and to screen abutting properties.A 4-to 6-foot tall steel fence is proposed, which does not meet this standard; the fence should be non-scalable, a minimum of 6-feet tall and provide screening of the play area. 2. Outdoor play equipment over six(6)feet high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. Compliance with these standards is required. C. Additional standards for family daycare facilities conducted as home occupation accessory uses. 1. In no way shall the family daycare emit lighting,noise, fumes, smoke, dust, odors, vibrations,or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in subsection 11-3D-8.B of this title. 2. Off-street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off-street parking for the dwelling. These standards are not applicable. Page 4 Item 2. F53 EXHIBIT A Based on the above analysis, Staff deems the proposed use to be in compliance with the specific use standards as required if the Applicant complies with the conditions of approval in Section VIII.A. Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. Access: A right-in/right-out driveway access is proposed via S. Eagle Rd. at the southwest corner of this site as shown on the site/landscape plans consistent with that approved with the subdivision. Access is also available via an access easement depicted on the plat through the adjacent properties to the south and east via S. Titanium Ave., a local street off E.Victory Rd. An access easement is required to be provided to the property to the north(Parcel No. S1121336276)in alignment with the north/south driveway on this site; a copy of the recorded easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for the subject property.Alternatively,the easement could be depicted on the Inglewood Subdivision No.2 plat and recorded. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC I I- 3C-6 for non-residential uses which requires one(1)space per 500 square feet of gross floor area. Based on 13,600 s.f.,a minimum of 27 spaces are required; a total of 29 spaces are proposed, including two(2)ADA compliant spaces. Although the proposed parking exceeds the minimum standards by two(2) and the number of staff members on-site at any one time will likely fluctuate, Staff is concerned that if the facility is at full capacity and up to 24 staff members are on-site at any one time there may not be adequate parking or pick-up/drop-off area for the proposed use. Therefore, Staff recommends a shared use agreement for parking is required with the property to the south in accord with the standards listed in UDC 11-3C-7.A recorded copy of the agreement should be submitted prior to issuance of a Certificate of Occupancy for the site.Note:If the Commission finds the parking is inadequate or if the Applicant is not in favor of a shared parking agreement, the number of children cared for during the day could be reduced, which would also reduce the number of staff members that would need to be on-site. A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C. A bicycle rack capable of holding a minimum of one(1)bicycle should be provided in accord with this requirement and depicted on the site plan.A detail of the bicycle rack should be submitted with the Certificate of Zoning Compliance application that demonstrates compliance with the standards in UDC 11-3C-5C. Pedestrian Walkways: A continuous internal pedestrian walkway that is a minimum of 5-feet wide is required to be provided from the perimeter sidewalk to the main building entrance and should be distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. The site plan submitted with the Certificate of Zoning Compliance application should reflect compliance with this standard. An internal walkway should also be provided to the residential care facility to the east for interconnectivity with adjacent uses as desired in Mixed Use—Community designated areas.Note: The narrative submitted with the DA modification application (H-2021-0095)states walkways would be provided from the daycare to the senior living facility as part of the plan is for the children to visit (performances, arts, crafts, etc) the seniors. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C as shown. Page 5 Item 2. F54] EXHIBIT A A 25-foot wide landscape buffer is required to be provided to adjacent residential uses in the C-C zoning district per UDC Table 11-2B-3; landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-9C. A residential use exists to the north and a residential care facility has been approved to the east.Per this requirement, a 12.5' wide buffer to total 25 feet should be provided along the eastern boundary of the site measured from the back of the adjacent garages; and a 25-foot wide buffer should be provided along the northern property boundary adjacent to the residential use to the north. For the northern buffer,provide trees and shrubs within the southern 10 feet of the buffer as no plantings other than grass are allowed within the northern 15-feet due to an ingress-egress easement(Inst. #7907119)that runs along the northern boundary of the site that benefits the adjacent property to the north. The site/landscape plan submitted with the Certificate of Zoning Compliance application should reflect compliance with this standard. A reduction to the buffer width required on C-C zoned property adjacent to residential uses may be approved by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3B-9C.2.A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the district. Street buffer landscaping along S. Eagle Rd. is required to be installed with the Phase 2 subdivision improvements. Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. Building Elevations: Conceptual building elevations were submitted for a single-story building as shown in Section VII.0 that incorporate a mix of materials consisting of hardie panel board and batten siding with stone veneer accents and metal roofing. Final design is required to incorporate some of the same or similar design elements and materials as those in the residential portion of the development per the development agreement and shall comply with the design standards listed in the Architectural Standards Manual. Certificate of Zoning Compliance&Design Review: A Certificate of Zoning Compliance and Design Review application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with the conditions in Section VIII,UDC standards, design standards and the development agreement. VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on March 3,2022.At the public hearing.the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing: a. In favor: Samantha Kozlowski,Applicant's Representative b. In opposition:None C. Commenting: None d. Written testimony: Samantha Kozlowski,Applicant's Representative e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: Page 6 Item 2. ■ EXHIBIT A a. The Applicant stated they can comply with condition#4d to provide a walkway from the perimeter sidewalk to the main building entrance and should be able to comply with#4e which requires a 25' wide buffer to the residential use to the east,but will likely need to request a reduced buffer width to the residential use to the north from City Council, 3. Key issue(s)of discussion by Commission: a. Concern that this site may not be large enough to accommodate the proposed use in regard to meeting the minimum UDC standards pertaining to buffers to residential uses and adequate parking based on the number of staff members and clients on-site at any one time. 4. Commission change(s)to Staff recommendation: a. None Page 7 Item 2. F56 EXHIBIT A VII. EXHIBITS A. Proposed Site Plan lIg gip 5 S:V N '02'E xne rge� EIGHT T ■ ue.m — ElY%G71�14NpiB'IB1fA _ _________________ _______ II ` 11 1 4 PRIMROSE BLDG. E .i r� 13,660 5F � I - II IIIIIIIIIIIIIIEeIOIAN(S)to n 1 j I u i 1 I I CHILD CARE u +_ CENTER II 6 gg 1 Z63.07 �.1� --j r rJ lY SITE PLAN CONCEPT Page 8 Item 2. F57 EXHIBIT A B. Proposed Landscape Plan EIGMT --- -- --- --- -- ;;• _ I•.=. _tea—',_- �]�_ - --- F—A I - PRIMROSE BLGG. 13.660 SF I; ' I CHILD CARE 1 /� $ N9q'99'35'E 245.Otl' j- II . �,� s .rtnCtN pl I k7— joule S 1 V�J � alcer�- .. Ire CODE REGUREYENT3 ¢wu RJ VlTSCH®l1LE l uwY/✓1.1-'vw'Mvuvnwacau�uucfRPSYuinuleRos`tvup'L 9Nr N 4n LY1f��0.W114M ER iREf9wt IRBgIIWf✓�ONAE/+4.4EflGIR C1LIXMillp�q![M)lpil rux4a[ay.c[�4m�wcwn xvetiwM acxavnem.IrxmxM.' a ma-ewu.rw,mwm�xwwa�Ra dal m?vti+� PV'4 v W[r.411IWn W[num ..wlotiwnR WWn.gvw1s41W�CPW ]I 1 ItlWIMTX�fImG fW u �`WIIY�h 6�ill wi rtH lMl•Mcpy Jan.xl LkDla.41N W6ufd N1'u[a�lilittffit INGfu[R Ra4v�ml1l.mYArna.x Gland ]1 plHltt0.W.1116 POY t '}.luoius,.cew4alwo�loa nlu 4n aim[uiw nvmn•�m•w•• YIlA 1MHIV-RYLLNTYXRIEIW.4.W�Eh.1�TIXfM .W MIIXW161461MlPnMtOY�.IWSIUM4PIFIF➢41fR004Y.c[uE 1I. dhM`EI.MllfhtllYd tlIl{f OT ihf111b.IN�i1111 Y1! tl@ 41 nplve•1}'eWavvmlialc ryw vu rtaoe. h Iesl.l ml/:1 M1iirt WI ]a{ t �1WaTIW]GR•4KR�4M.J.n4`Ii•ttWnminxp}gwgF.,G ]ys xV�1EMeKllm�nal[' flvMVMM MCmQ1E1]JSYEf•YUL.1.fi.Il4M4M1 Y.6 W i NIII] 1Fl � 517E PLAN 44 �.12 XMN9W @0®WIVVRYV1N4Y81R4\ s mwx.waloul.e�mniealn:xex�r.-z�eaaauer.wrucnvwaw..: wmweee�e m. lerxx;lu,.us�w{ CONCEPT :�1.�'.mluuwrow�ssuomvcww...musn.�wurulw sl, rtuxu*s�ao-r.an•I+.wc �� �r�.�v�wa ',�w ac�mroavnmvssrn®n o m .. SC 6 VhY 14PP Ml, a4aru 4 atv'pryp o99'rA � MPRfl{ RN£PChT. TFP. __--FD 1 l IYI{I. FN M.P tlN.1 NF]KE R]lE SIRE TOfIE�WY[.9If AF YlP3i M'LF KEFwuiF.\:n RFN WEQrrAlp16 fViAWM hFCRAIPII Iral MNu, a.Mf W:iC11 TOPXW�8lT Gfd11741tt]I.IE Fl%IHPUW IY40Rtt]F1&ICR11M %11C IUA]11YAETd IE XIwIS9]XIEIEXBOIIIE➢HfLU:E d'OR a SMEL FENCE DEr JL RFa Page 9 Item 2. F58 EXHIBIT A C. Building Elevations a —-t7 ELEVATION .. FRONT ELEVATION - E3 - O—- — EMRIOR s RIGHT SIDE ELEVATION Imo, I ''� LEFT SIDE ELEVATION , ,I Ig'ad ELEVATIONS Page 10 Item 2. EXHIBIT A 59 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement(DA)(Inglewood Place Sub. AZ,PP H-2019- 0090 —DA Inst. #2019-124424);FP-2021-0037(Inglewood Sub. 2);H-2021-0095(amended DA—in process) and the conditions contained herein. 2. The amended development agreement shall be recorded prior to submittal of an application for Certificate of Zoning Compliance for the proposed use(H-2021-0095). 3. The final plat that includes the subject property shall be recorded prior to submittal of a Certificate of Zoning Compliance application for this site(FP-2021-0037 Inglewood Subdivision No. 2). 4. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. All outdoor play areas shall be completely enclosed by minimum six-foot non-scalable fences to secure against exit/entry by small children and to screen abutting properties in accord with UDC 11-4-3-913.1; depict fencing accordingly.Note: The proposed wrought iron fence does not meet this standard. b. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. c. Depict the location of the bicycle rack and a detail of the bicycle rack that demonstrates compliance with the design standards in UDC 11-3C-SC. d. Depict a continuous internal pedestrian walkway that is a minimum 5-feet in width from the perimeter sidewalk along Eagle Rd. to the main building entrance in accord with UDC 11-3A-19B.4; and to the residential care facility to the east and to the future commercial uses to the south for interconnectivity with adjacent uses as desired in Mixed Use—Community designated areas. Where the pathway crosses vehicular driving surfaces,it shall be distinguished through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. e. Depict a minimum 12.5-foot wide buffer along the eastern property line to total 25-feet, measured from the back of the garages on the adjacent residential property, in accord with UDC Table 11-2B-3,which requires a 25-foot wide buffer on C-C zoned property adjacent to a residential use and/or district. Depict landscaping in accord with the standards listed in UDC 11-3B-9C. f. Depict a minimum 25-foot wide buffer along the northern property line adjacent to the residential property as set forth in UDC Table 11-2B-3 for the C-C district,unless a reduced width is approved by City Council at a public hearing with notice to surrounding property owners. Depict landscaping within the southern 10 feet of the buffer in accord with the standards listed in UDC 11-3B-9C; no trees/shrubs or plantings other than grass shall be planted within the northern 15-feet as there's an access easement that runs along the northern boundary of the site that benefits the adjacent property to the north. 5. Compliance with the standards listed in UDC 11-4-3-9—Daycare Facility is required. 6. The applicant or owner shall provide proof of criminal background checks and fire inspection Page 11 Item 2. F60 EXHIBIT A certificates as required by title 39,chapter 11,Idaho Code. Said proof shall be provided prior to issuance of Certificate of Occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. 7. The maximum number of allowable clients shall be 216 as proposed with this application. 8. The business hours of operation shall be limited to the hours between 6:00 am 11:00 pm in accord with UDC 11-2B-3B. 9. Outdoor play equipment over six(6)feet high shall not be located in a front yard or within any required yard in accord with UDC 11-4-3-913.2.Although play equipment over 6-feet in height may be provided, because there isn't a required setback Le. yard in the front, this requirement is not an issue. 10. The driveway access via S. Eagle Rd. is restricted to a right-in/right-out access per the Development Agreement. 11. An access easement shall be provided to the property to the north(Parcel No. S 1121336276) in alignment with the north/south driveway on this site; a copy of the recorded easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for the subject property. Alternatively,the easement could be depicted on the subdivision plat and recorded. 12. The row of parking on the east side of the north/south driveway shall be restricted to staff member parking only and signs shall be erected accordingly. 13. A shared use agreement for parking shall be required with the property to the south in accord with the standards listed in UDC 11-3C-7. A recorded copy of the agreement shall be submitted prior to issuance of a Certificate of Occupancy for the site. 14. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual and with the Development Agreement. The Development Agreement requires some of the same design elements to be incorporated in the commercial portion of the development as in the residential portion. 15. The conditional use permit is valid for a maximum period of two (2) years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-513-617. B. PUBLIC WORKS 1. Streetlights for Inglewood Subdivision No 2 must be installed and operational,with approved record drawings submitted,prior to any form of occupancy of this building. 2. No Public Works water or sewer main infrastructure is proposed, if any changes to City utilities is needed,Public Works Engineering must review and approve that work prior to construction. 3. Fire flow was modeled at 1500 gpm, contact Public Works Engineering if more than 1500 gpm is required. Page 12 Item 2. F61 EXHIBIT A C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.ory WWebLinkIDocView.aspx?id=252119&dbid=0&repo=MeridianC https:llweblink.meridianciN.oLvlWebLinkIDocView.aspx?id=253133&dbid=0&repo=MeridianC ky IX. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-C zoning district if the Applicant complies with the conditions in Section VIII. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission finds the proposed daycare center is harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VIII of this report. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section VIII of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. The Commission finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds the proposed use will not create 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. Page 13 Item 2. F62 EXHIBIT A The Commission finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 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) The Commission finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 14 Item 3. 63 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Meridian U-Haul Moving and Storage (H-2021-0085) by Gurnoor Kaur of Amerco Real Estate Company, Located on Parcel R8257510015 and at 1230 and 1270 E. Overland Rd., Near the Northwest Corner of E. Overland Rd. and S. Locust Grove Rd. CITY OF MERIDIAN E IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! ❑AHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Meridian U-Haul Moving and Storage, Located at 1230 and 1270 E. Overland Rd. and Parcel#R8257510015 in the C-G Zoning District, by Gurnoor Kaur,Amerco Real Estate. Case No(s).H-2021-0085 For the Planning& Zoning Commission Hearing Date of. March 3,2022 (Findings on March 17, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 3,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 3,2022,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 3,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 3,2022, 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).H-2021-0085 Page 1 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 3,2022, 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 3,2022,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 11-513-6.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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2021-0085 Page 2 G. Attached: Staff Report for the hearing date of March 3,2022 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2021-0085 Page 3 By action of the Planning&Zoning Commission at its regular meeting held on the 17th day OtMarch , 2022. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER NICK GROVE,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MARIA LORCHER VOTED COMMISSIONER MANDI STODDARD VOTED Andrew Seal, Chairman 3-17-2022 Attest: Chris Johnson, City Clerk 3-17-2022 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: 3-17-2022 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2021-0085 Page 4 Item 3. ■ EXH I BIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 2/17/2022 Legend R DATE: � #LccaTon Y TO: Planning&Zoning Commission FROM: Alan Tiefenbach,Associate Planner SUBJECT: H-2021-0085 Meridian U-Haul Moving and Storage 61 ° LOCATION: 1230 and 1270 E. Overland Rd. and EM Parcel#R8257510015, at the northwest corner of E. Overland Rd and S. Locust Grove Rd. I. PROJECT DESCRIPTION Request for a Conditional Use Permit to allow self-storage,vehicle and equipment rentals with outdoor display, and ancillary retail on 6.86 acres in the C-G zoning district,by Gurnoor Kaur,Amerco Real Estate Company. A Development Agreement Modification regarding this development was approved by the City Council on February 3, 2022. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 6.86 Future Land Use Designation Commercial Existing Land Use(s) Vacant Proposed Land Use(s) Self-Storage,Equipment and Vehicle Rental with Outdoor Display,Ancillary Retail Lots(#and type;bldg./common) 3 existing lots Physical Features(waterways, Nine Mile Creek is just off the property to the east. hazards,flood plain,hillside) Neighborhood meeting date;#of October 13,2021;No attendees attendees: History(previous approvals) Annexation AZ-99-018,DA Instr.# 100029704, Preliminary Plat PP-99-015,FP-00-005,CUP 99-033, MDA H-2021-0101 Page 1 Item 3. F69 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No Access(Arterial/Collectors/State There is existing access from E.Overland Dr; site plan Hwy/Local)(Existing and shows an additional access from S. Labrador Wy Proposed) Stub Street/Interconnectivity/Cross A cross access easement exists with the property at 1322 E. Access Overland Rd Existing Road Network E. Overland Rd and S.Labrador Wy Existing Arterial Sidewalks/ There are existing 5 ft. sidewalks along E. Overland Rd. Buffers and S.Labrador Wy. Proposed Road Improvements None Fire Service • No comments Police Service • No comments Wastewater Comments • No comments Water • Distance to Water Services 0 • Pressure Zone 4 ' • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • There are no utilities shown in this record.Public Works will need to review and approve the utility plan. • There are no changes to the water infrastructure in this record. • There are existing water stubs along the southern property line that either needs to be used or abandoned. • A utility plan needs to be reviewed and approved by Public Works. Page 2 � m 1 1 1 84 IN m r NONE ■..N■ ■ �_ �� ■I■ NNONE 1 ' *1 1 � fl ; 'p �' - -.I-- tmr, ii 'j MEMO ■ 4 i'11 - {•5 mill ■ 1111111 I!7!mHE—c bit MOORE Ad. 4 ■ �� ■�■ �NHim �a�'x� R ■ �'� �� ■�■ I sin m■■m■ �� �■ ■■■■ on �� ■mill �� ■ ■ ��■■ ■■o mono R ■■■�� rim�lNi■ mono ■i■ �.. son of i Item 3. 71 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in newspaper 1/18/2022 Notification mailed to property owners within 300' 1/14/2022 Applicant posted public hearing notice sign on site 1/28/2022 Nextdoor posting 1/14/2022 V. STAFF ANALYSIS This is a proposal for a conditional use to allow self-storage,rental and outdoor display of vehicles and equipment, and ancillary retail to allow a U-Haul business. The project includes 8 buildings ranging in size between 117,000 sq. ft. to 1,400 sq. ft. with an outdoor rental display area directly along E. Overland at the south perimeter of the property. A development agreement modification was approved by City Council on February 8,2022. The property consists of three lots totaling 6.86 acres. It was annexed into the City in 1999 as the Overland Storage Annexation(AZ-99-018,DA Instr. # 100029704,Preliminary Plat PP-99-015). The development agreement allows the construction, development and use of only a ministorage facility consisting of eight buildings of various sizes and one caretaker unit pursuant a conditional use permit. A Conditional Use Permit(CUP-99-033)was approved for this use in October of 1999 and a final plat was recorded in 2002(Pack it Up Subdivision,FP-00-005). The approved self-storage facility was never developed. Staff and the applicant have had numerous discussions regarding the location of a new facility,and due to the location, surrounding uses,and C-G zoning this particular location was selected. However, in addition to self-storage,as is typical for a U-Haul facility,the applicant intends to display U-Haul trucks and equipment for rental. A conditional use permit is required for these uses in the C-G zone district.As the existing development agreement is very specific to allowed uses,the applicant has recently received City Council approval on a development agreement modification to allow the outdoor display and ancillary retail,however the amended DA has not been approved and recorded. A. Future Land Use Map Designation(https:llwww.meridianciu.or /g compplan) 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. The subject site is zoned General Retail and Service Commercial District(C-G). This allows a broad range of commercial uses. The property is bordered by a daycare to the east, roofing business and contractor's yard to the west, climbing gym, church and industrial business to the north. There is existing single family residential across E. Overland Rd to the south (Sportsman Pointe Subdivision). The description of commercial in the comprehensive plan does not specifically mention storage or equipment rental. However, the property is already zoned C-G which allows self-storage, and vehicle and equipment rental by conditional use subject to specific use standards. The retail component is a principally permitted use and is not subject to any specific use standards. Page 4 Item 3. ■ B. Zoning The property is already zoned C-G,which allows self-storage, and equipment and vehicle rental by conditional use subject to the specific use standards as listed below. C. Comprehensive Plan Policies(https:llwww.meridianciU.or /�compplan): • "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) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. • "Require all commercial and industrial businesses to install and maintain landscaping." (2.01.03B) Landscape buffers and parking lot landscaping is required to be provided with development of this property in accord with UDC 11-3B.As mentioned in the specific use standards section below, staff is also recommending additional perimeter treatment along E. Overland Rd. • Maintain integrity of neighborhoods to preserve values and ambiance of areas(3.05.02). If the applicant complies with the design guidelines outlined in the ASM, conditions of approval listed in this staff report, UDC design standards and specific use standards, staff is of the opinion the proposed use should maintain the integrity of the neighborhood. • Require appropriate landscape and buffers along transportation corridors(setback,vegetation, low walls,berms, etc.) (3.06.02F). The subject property abuts E. Overland Rd. (arterial) and S. Labrador Wy(local). The UDC requires a minimum 25 ft. landscape buffer along arterial roads and]Oft wide landscape buffer along local roads. The landscape plan reflects a 30 ft. wide buffer along E. Overland Rd. and 40 ft. wide buffer along S. Labrador Wy. The landscape plan also indicates a 40 ft. buffer adjacent to the C-C-zoned properties at the north and]Oft. wide buffer to the L-O zoned properties to the west. • Plan for a variety of commercial and retail opportunities within the Impact Area(3.05.01 J). This is an area of Meridian characterized by industrial and commercial uses and residential across E. Overland Rd. Self-storage and equipment rental, sales, and service is allowed by conditional use in this location. • Ensure development provides safe routes and access to schools, parks and other community gathering places(3.07.02N). Seven foot wide attached sidewalks currently exist along E. Overland Rd. and S. Labrador Wy. in accord with UDC 11-3A-17. D. Existing Structures/Site Improvements: The property is presently vacant. E. Proposed Use Analysis: The proposed uses are defined as"storage facility, self-service", "equipment rental, sales, and service", and"vehicle rental"in the Unified Development Code (UDC). These uses are allowed by conditional use in the C-G zoning district per UDC Table 11-2C-2. These uses are also governed by the specific use standards listed in UDC 11-4-3-15, 11-4-3-38 and 11-4-34. The retail use is principally permitted use and is not subject to any specific use standards. Page 5 Item 3. 73 F. Specific Use Standards(UDC 11-4-3): UDC 11-4-3 lists the specific use standards for self-service storage facilities,vehicle sales and rental,and equipment rental, sales and service. Standards for self-service facilities include storage units not being used as dwelling units,distance between structures being 25 ft., facility being completed fenced,walled or enclosed and screened from public view, and secondary emergency access. Specific use standards for equipment rental, sales and service require repair activities to occur within an enclosed structure, and outdoor display areas are prohibited in the required landscape buffer. In addition,the standards for vehicle rental states inoperable or dismantled motor vehicles shall be stored behind a closed vision fence,wall,or screen or within an enclosed structure and shall not be visible from any street. Storage units will not be used as dwellings, and secondary access will occur on S.Labrador Wy. All repair of equipment will occur at a different location, or within the office. All storage is enclosed within one of the storage buildings. There are several buildings that do not appear to meet the minimum spacing requirement of 25 ft. This includes between the northeast corner of Building C and southwest corner of Building G,between Buildings G and H,and possibly between the northwest corner of Building A and the southern side of Building C.The site plan will need to be revised accordingly. In addition, due to the high visibility of the site and the residential uses directly across E. Overland Rd to the south, staff has concerns regarding trailers and other associated moving equipment being littered throughout the site.Although staff believes display of operable moving vehicles is acceptable along the southern property line, as a condition of approval, staff recommends all trailers and other moving equipment be stored behind a closed vision fence,wall, or screen or within an enclosed structure and not be visible from any street. Screening fences or walls should be designed to be consistent with building architecture in accord with UDC 11-4-3- 33 and details of these walls, fence or screen shall be submitted at time of CZC. G. Dimensional Standards(UDC 11-2): The C-G zoning district requires a 25 ft. landscape buffer from arterial roads, 10 ft. buffer from local roads, and allows building heights of up to 65 ft. The landscape plan reflects a 30 ft. wide buffer along E. Overland Rd. and 40 ft. wide buffer along S. Labrador Wy. The landscape plan also indicates a 40 ft. buffer adjacent to the C-C-zoned properties at the north and 10 ft.wide buffer to the L-O zoned properties to the west. The building elevations indicate the highest building is approximately 39 ft. in height. More detailed review will occur at the time of the Certificate of Zoning Compliance(CZC). The property is comprised of three different lots,and it appears the proposed buildings straddle internal lot lines. As a condition of approval,the applicant will be required to complete a parcel boundary adjustment to merge all lots into one property. H. Access(UDC 11-3A-3, 11-3H-4): The Pack It Up Subdivision Plat allows access via a shared drive from E. Overland Rd and there is a second access proposed at the end of a"knuckle"on S. Labrador Wy. The site plan reflects these two accesses. Meridian Fire supports this configuration,and staff has not received comments from ACHD. I. Parking(UDC 11-3C): UDC 11-3C-6 states in all commercial districts self-service storage facilities shall only require parking based on the gross floor area of the office space. With the office and retail area being Page 6 Item 3. 74 shown at 3,000 sq. ft., 6 parking spaces are required,whereas the site plan shows at least 26 parking spaces along the south perimeter and 10 more directly adjacent to the office. J. Pathways ( UDC 11-3A-8): No pathways are shown on the master pathways plan for this site or provided with this development. K. Sidewalks(UDC 11-3A-17): There are already 7 ft. wide attached sidewalks along E. Overland Rd. and S. Labrador Wy. L. Landscaping(UDC 11-3B): As mentioned above,the landscape plan reflects a 30 ft. wide buffer along E. Overland Rd. and 40 ft.wide buffer along S. Labrador Wy. The landscape plan also indicates a 40 ft.buffer adjacent to the C-C-zoned properties at the north and 10 ft.wide buffer to the L-O zoned properties to the west. This exceeds the landscape buffer requirements of UDC-11-313. It does appear that the parking spaces shown along the southern perimeter exceed 12 spaces without a landscape planter of at least 50 sq. ft. and planting area of no less than 5 ft. in dimension per UDC 11-313-8-C-2. The subject property is located directly on E. Overland Rd. in a very visible location with established residential directly across E. Overland Rd to the south(Sportsman Pointe Subdivision).Accordingly, staff believes this development should reflect high quality design. Staff also has concerns regarding the impacts to adjacent residences associated with the headlights from moving trucks during early morning picks-ups as well as security lighting for moving equipment. As a condition of approval,staff recommends a combination of a landscaped 4 ft. high undulating berm,decorative walls and evergreen shrubs along the entire front perimeter of the property. Staff also recommends all pole lighting along the front of the property be limited to 12 ft.in height and directed to the north, away from adjacent residences. The site plan indicates a concrete irrigation structure along the southern property line.Per UDC 11-3B-5-J,if any utility easement precludes required trees,the width of the required buffer shall be increased five feet to accommodate the required trees. M. Fencing(UDC 11-3A-6, 11-3A-7): As mentioned in the specific use standards above,UDC 11-4-3-34 requires outdoor storage of equipment(other than operable vehicles)to be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent nonindustrial properties and/or public streets by a solid fence and/or wall with a minimum height of six(6) feet. Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure. N. Utilities (UDC 11-3A-21): The Pack It Up Subdivision Plat and provided site plan shows a 40 ft.wide sewer easement along the north and east property lines which presently contains a sewer main, as well as irrigation easements. The applicant should coordinate with public works to ensure a service road is maintained within this area. The plat also reflects a 20 ft.wide sewer easement bisecting the property through the middle as well as east—west at the southern portion of the property. The site plan reflects buildings encroaching into these easements. As a condition of approval,the applicant shall vacate or relocate these easements as approved by Public Works. If these easements are not recorded under separate instrument numbers,vacation through a public hearing at City Council is required. Page 7 Item 3. 75 As mentioned in the landscaping section,if the irrigation easement along the southern property line precludes required trees,the width of the required landscape buffer shall be increased 5 feet to accommodate the required trees in accord with UDC 11-3B-7. O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The applicant has submitted building elevations for all 7 buildings. The elevations include materials such as cement board, stucco,brick and metal paneling for accents. Overall, staff does believe the combination of materials,colors,canopies, columns and fenestration results in a storage facility that is of higher quality. However, staff believes there could be some elements that do not meet the requirements of the Architectural Standards Manual (ASM). ASM 3.lB requires buildings to have horizontal modulation every 30 feet or 50 feet, depending on whether the building is greater than or less than 150 feet in length. Based on the site plan, staff is unsure all sides of the buildings visible from a public street meet modulations requirements. Also,ASM 3.2A requires for at least 30%of applicable facades use any combination of concrete,masonry, stone, or unique variation of color,texture,or material, at least 10-inches in height,around the base of the building. Staff is also unable to ascertain if this is satisfied. Complete design review will occur at time of Certificate of Zoning Compliance. Due to the high visibility of this project from E. Overland Rd. and the existing residences at the south, staff believes there should be additional design considerations. Staff has concerns with the exposed stairs on the south side of Building A both for visual impacts and potential maintenance issues with these stairs being exposed. Staff recommends either the stairs be removed from southern and eastern locations visible from E. Overland Rd., or screened in a stairwell or similar architectural element comprised of materials consistent with the exterior field materials of the building. Also, staff recommends the roll up doors on the south and east sides of Building A and south side of Building be better integrated into the building design through use of color, architectural detailing, overhangs, door frame treatments, etc. Also,the applicant has only submitted elevations for Buildings A&B. Full elevations of all four sides of all eight buildings will be required at time of certificate of zoning compliance and design review. VI. DECISION A. Staff: Staff recommends approval of the conditional use permit with the conditions noted in Section VIII. per the Findings in Section IX. Page 8 Item 3. ■ B. The Meridian Planning&Zoning Commission heard this item on March 3,2022.At the public hearing.the Commission moved to approve the subiect conditional use Permit request. 1. Summary of the Commission public hearing: a. In favor: Casey Jones b. In opposition:None c. Commenting: Casey Jones d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. One citizen voiced concerns in regard to lighting and si=age. 3. Key issue(s)of discussion by Commission: a. Commission discussed whether or not they were amenable to allowing outdoor display of equipment besides operable vehicles. 4. Commission change(s)to Staff recommendation. a. None Page 9 Item 3. F77 VII. EXHIBITS A. Site Plan(date: 8/12/2021) ✓' IT I R LI LL E - EL E 0 ETE I E rEDE• - ICE V. D E L= l D I E .. ;�,AL a I ' IL.I.. 7 rr Ek I 0 I �I - E R E r Qi 5,iI l'S I .. .... .. ELL I - _ ["'EL 0 ETE I I-TM Page 10 Item 3. F78 B. Landscape Plan(date: 8/12/2021) 'i4iliitiii •k_ +1 TAT" R'EL WYWzzzzzzzzz -4 r - f � I�5 _i q EL III w q I F I r- tI, r I ram'P I y O� TF IT 1=. 'EL I E L- -.. ,:,,,, n. it E.. I E . _. 1j "IP ! .sue-cry�re,� •J - Page 11 Item 3. 79 C. Building Elevations(date: 6/1/2021) w r� ILaal•FL]�AY`Ca�NO RIf MIXWlW,lY new{ T • EAST ELEVATION:HU ILHI NG A p'111�E-W u 6fO1V1U[ �•9:177"IN,:' 11 SOUTH ELEVATION:BUILDING A NORTH ELEVATION:BUILDING A SeeM:V-25' Scapa:�'-25' ® LS—LLI_LJ UTT-M W E%[ELEVATIO N__8 UI L D I N G A _ !A E Page 12 Item 3. - 80 N DRE-UP STORAGE SOUTH ELEVATION:BUILDING B EAST ELEVATION:BUILDING B stele:i•=zo' stele:i'=so' DRIVE-Up STORAGE NORTH ELEVATION:BUILDINGS WEST ELEVATION:BUILDING B score:r=zo sce�:r=zo• Page 13 Item 3. 81 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING CONDITIONS 1. A Certificate of Zoning Compliance and administrative design review application is required to be submitted to the Planning Division and approved prior to submittal of building permit applications. The applicant will either meet all architectural requirements of the Architectural Standards Manual(ASM)or apply for a design exception as part of the CZC submittal. A CZC and DES application shall not be submitted until the amended DA is executed as approved with H-2021-0101. 2. 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. 3. The site plan prepared by AMERCO Real Estate, dated August 12 2021, is approved as submitted,with the revision that all buildings shall maintain at least 25 ft. of separation per UDC 11-4-3-34. 4. The landscape plan prepared by Kimley Horn, dated November 12,2021, is approved as submitted,with the revisions that in addition to the required landscape buffer per UDC 11-2B-3, a combination of a landscaped 4 ft. high undulating berm, decorative walls and evergreen shrubs shall be installed along the entire front perimeter of the property. Details of all walls and/or screen fencing shall be submitted at time of Certificate of Zoning Compliance/Design Review. 5. Outdoor storage of materials, equipment, inventory, and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent properties,the railway corridor, and public streets by a solid fence or wall with a minimum height of six(6) feet. Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure as required by UDC 11-3A-14. 6. Per UDC 11-3B-7,where the required street landscape buffer is encumbered by easements or other restrictions,the buffer area shall include a minimum five-foot wide area for planting shrubs and trees. 7. The elevations prepared by A&M Associates on December 3, 2021 shall be modified as follows: a. All stairs that are visible from E. Overland Rd. shall be within the building or screened in a stairwell or similar architectural element comprised of materials consistent with the exterior field materials of the building. b. Roll up doors that are visible from E. Overland Rd. shall be integrated into the building design through use of color, architectural detailing, overhangs, door frame treatments,etc. 8. Elevations for all four sides of all buildings shall be required at time of CZC and DES. Elevations should be architecturally consistent with the approved elevations for Buildings A&B. 9. Operable moving vehicles may be displayed along the south perimeter of the site, outside of the required landscape buffer.All trailers and other moving equipment shall be stored behind a closed vision fence,wall, or screen or within an enclosed structure and not be visible from any street. Screening fences or walls must be designed to be consistent with building architecture. Page 14 Item 3. 82 10. All pole lighting along the E. Overland frontage of the property shall be limited to 12 ft. in height and directed to the north, away from adjacent residences. 11. If any structures encroach into platted easements,the applicant shall submit a vacation application for review and approval prior to the issuance of a building permit. 12. The development shall comply with the specific use standards listed in UDC 11-4-3-15 for equipment rental sales and service,UDC 11-4-3-34 for storage facility, self-service and UDC 1I- 4-3-38 vehicle sales or rental and service. 13. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-99-018,Preliminary Plat PP-99-015,FP-00-005, CUP 99- 033,MDA H-2021-0101) B. PUBLIC WORKS CONDITIONS Site Specific Conditions of Approval 1. A public utility plan must be submitted for review and approval prior to any construction of utilities. 2. There are existing water service stubs along the southern property boundary that must be utilized or abandoned. 3. A site geotechnical should be provided for review with the first building permit application. 4. No permanent structures can impede on a new or existing utility easement including but not limited to trees, shrubs, fences,buildings, carports,trash enclosures,infiltration trenches,etc. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, Page 15 Item 3. ■ the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 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. 14. 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. 15. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 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. Page 16 Item 3. ■ 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. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org1public_works.aspx?id=272. 19. 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. NAMPA MERIDIAN IRRIGATION DISTRICT https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=250047&dbid=0&repo=MeridianC D. ACHD https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=250801&dbid=0&repo=MeridianC ky E. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=249448&dbid=0&repo=MeridianC fty IX. FINDINGS A. CONDITIONAL USE PERMIT(UDC 11-5B-6) The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The site meets all dimensional and development regulations of the C-G zoning district. The site already contains landscape buffers,parking is adequate, and the parking area will be landscaped as required by UDC 11-3B-8. Commission finds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this title. As analyzed in the Comprehensive Plan section above, Commission finds this proposed will be harmonious with the Comprehensive Plan per the analysis in Section V of this staff report. 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. Page 17 Item 3. 85 The subject site is within an industrial and commercially zoned area. Single family residential exists to the south across E. Overland Rd. Commission finds the proposed use should not change the character nature of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Commission finds the proposed use 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. 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. 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. 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 on this site; thus, Commission finds the proposed use should not result in damage of any such features. Page 18 Item 4. 86 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Verona Live/Work (H-2021-0080) by J-U-B Engineers, Inc., Located at 3020 & 3042 W. Milano Dr., Near the Northeast Corner of Ten Mile Rd. and McMillan Rd. CITY OF MERIDIAN w IDIAN;--- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for 14 vertically integrated residential units within three(3)buildings on 1.75 acres in the L-O zoning district,located at 3020 and 3042 W. Milano Drive,by JUB Engineers,Inc. Case No(s).H-2021-0080 For the Planning& Zoning Commission Hearing Date of. March 3,2022 (Findings on March 17, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 3,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 3,2022,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 3,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 3,2022,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). Verona Live/Work(H-2021-0080) Page 1 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 3,2022, 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 § 1I- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a Conditional Use Permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of March 3,2022,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 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). Verona Live/Work(H-2021-0080) Page 2 G. Attached: Staff Report for the hearing date of March 3,2022. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). Verona Live/Work(H-2021-0080) Page 3 By action of the Planning&Zoning Commission at its regular meeting held on the 17th day of March ,2022. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER NICK GROVE,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MARIA LORCHER VOTED COMMISSIONER MANDI STODDARD VOTED Andrew Seal, Chairman 3-17-2022 Attest: Chris Johnson, City Clerk 3-17-2022 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: 3-17-2022 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). Verona Live/Work(H-2021-0080) Page 4 Item 4. EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING December- 16, 2021 , � Legend0 DATE: March 3,2022 , _ Project Location - , r- TO: Planning&Zoning Commission FROM: Joe Dodson,Associate Planner - m ffi®EH 208-884-5533 SUBJECT: H-2021-0080 Verona Live/Work—CUP LOCATION: 3020&3042 W. Milano Drive,near the northeast corner of Ten Mile Road and McMillan Road in the SW 1/4 of the SW U r 1/4 of Section 26,Township 4N,Range 1 W. � �� � I. PROJECT DESCRIPTION Conditional Use Permit for 4-6 14 vertically integrated residential units within€e�{�)three 3 buildings on 1.75 acres in the L-O zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Pa e Acreage 1.75 acres Future Land Use Designation Office Existing Land Use(s) Vacant _ Proposed Land Use(s) Vertically Integrated Residential Project Neighborhood meeting date;#of September 9,2021;at least four(4)attendees attendees: History(previous approvals) Verona Subdivision(AZ-03-005);Verona Subdivision No. 3 Rezone(RZ-05-006);Verona Subdivision No. 3 FP(FP- 05-046);DA Mod(MI-08-006,DA Inst.#108101152). B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Not at time of report publication • Requires ACHD Commission No Action es/no Page 1 m a.■Irrr NNNr � W z ' _ son on RON In MINI - MCM-I�L-L-AN MCM3L-L-AN �-r 111111 ■EN!!ONEE� 1 r ■■� IINN 1 11� .•• ` a �-. mill HE ii■i■1 on oil - . - ■ 1■1 - . - ■■■i1 ■1■■!!! ■■■■!!! IIIIIEN SEEN ■IINNN r11111E IIIP■IINNN■ IN�Sm■1!!NI a 11� 111E■INN1■1. . �IIi ■■■■■I!!NEM Ili�� ■■■IINNNNNNI 11 NINE ��..■1■1■■■■■ i i. ' s -• •• - •• ■11■ ■■.. ■NI■■■■1 i i. �11111/�i�YJ -mNINNNN!!!!!nNNE on �IEENI~a��NIIINNNNI �I�� �IIIE► a NII J ■ ��■i Irrr IIIr � W�j1rU!� ■��1111 IIIII 1-;4 %Ir■.■�IISEIIISE �!■I■ J ■ 11■�■■■IIINNIII �!■I■ � 11111��1111 1 �' ��+�, � IIIE11► /11111111�'pp ■� ui Z ' ■►1p�Illll Pi• •_ �- �_ eat %IIIIIIIIIII� �1'iii: _■ F 1 NJ' � Illy 11� E +'ia:MILL-AN , � �*A �-hlllllii ndl 111111 °�IE1111■ 111111 � _„� 1111■r1 i INNNII NNII _ - -=s IINN■ NN _ 11 c_.. 1111��r ■C■■ � � 111MEn ail NIII��r �� 111111111lV •'• '� 1111 1�' ��� � IIIIIIIII ■N'g�1111 �I" �i Ir1111 r - a�NINE ;��j111N ��p� SEIIII ■�� � a�NINE Ir1111N 'nnnl 00 ••:i i ■■■■ 'nrrn= �1■ SEEN 1 � ■■11 !�e eaae� � �.ul ■— ■■1 Item 4. 93 III. APPLICANT INFORMATION A. Applicant: Wendy Shrief,JUB Engineers, Inc.—250 S. Beechwood Avenue, Suite 201,Boise,ID 83709 B. Owner: Primeland Investment Group LLC 1140 S. Allante Avenue, Boise, ID 83709 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 11/30/2021 Radius notification mailed to properties within 300 feet 12/2/2021 Site Posting Date 12/2/2021 NextDoor posting 12/6/2021 V. COMPREHENSIVE PLAN (Comb. Plan) This property is designated Office on the Future Land Use Map(FLUM) in the Comprehensive Plan. This designation is meant to provide opportunities for low-impact business areas. These uses would include professional offices,technology and resource centers; ancillary commercial uses may be considered(particularly within research and development centers or technological parks). Sample zoning include L-O. The property was annexed and zoned in 2003 to the R-8 zoning district. In 2005, a rezone application was approved to change the zoning to the current L-O zoning district. Consistent with this rezone, a final plat was approved for six(6)office lots as part of Verona Subdivision No. 3. In 2008 applications were submitted to allow for the potential of including a church on these lots and was tied to a modified DA(MI-08-006). The DA from 2008 is the relevant agreement for this site but did not have a concept plan for these lots. In lieu of a concept plan,the DA references specific limitations to the allowed commercial area and included a provision that a minimum of three(3) office buildings in this office development. This provision has been satisfied with the existing development of three(3)office buildings. In addition, specific elevations were included as part of the DA that the current proposal generally complies with. Staff notes, despite no Development Agreement Modification being required,the relevant DA contemplates all commercial uses within the subject office lots. Instead of solely commercial uses,the Applicant proposes to develop the site with 16 vertically integrated residential (UDC 11-4-3-41)units across four(4)buildings on two vacant parcels in the L-O zoning district. Two buildings are proposed on each parcel with each parcel also having off- street parking lots in addition to the two-car garages proposed for each unit. Vertically integrated residential projects incorporate commercial spaces and residential uses within one structure and most often include commercial space on the first floor and residential on the floor or floors above. In this project,the Applicant is proposing a small commercial space at the front of the building on the first floor with the proposed residential portion of the units being both behind and above the commercial space. Therefore,the Applicant is proposing a two-story concept for these vertically Page 3 Item 4. 94 integrated buildings with the vehicular access for each unit proposed to be from the rear via a two- car garage for each unit. Vertically integrated residential projects are defined as follows in UDC 11-1A-1: "The use of a multi-story structure for residential and nonresidential uses where the different uses are planned as a unified,complementary whole and functionally integrated to share vehicular and pedestrian access and parking."This use is a conditional use within the L-O zoning district because they incorporate a residential component within a zoning district primarily intended for office uses.However, code allows for this type of use,as noted,through a conditional process with the assumption that appropriate commercial and residential uses can be located within this district and type of development area when appropriately designed. As part of that analysis, adjacent uses should also be taken into account. To the west of the subject sites sit two vacant L-O parcels; further to the west and abutting Ten Mile Road are two office buildings. Because of common ownership of the land,the Applicant is showing an office building directly to the west on the vacant office lot along the north boundary but this building is not part of the proposal and is shown only for reference. To the east and north of the subject sites are detached single-family residential that are part of the Verona Subdivision. To the south is approximately 10 acres of C-G zoned property that includes a number of commercial properties under development. The existing use is on the hard corner of McMillan and Ten Mile and is a fuel service station and convenience store. Directly to the south and across W.Milano,the largest commercial parcel has approvals for a 164 unit 55 and older multi-family development. Staff anticipates future residents of that site could utilize some of the future services provided within the commercial spaces of the proposed vertically integrated buildings. Because the proposed use is adjacent to a mixture of existing and planned uses(residential,office, commercial,etc.), Staff finds it should be an appropriate use in this Office FLUM designation for the reasons noted above. However, Staff does have concerns over the overall viability of the proposed commercial component of these units based on the proposed floor plans and the relatively small area of commercial proposed in each unit.While reviewing this project, Staff recommends Commission determine whether the proposal meets the intent of Vertically Integrated and if the proposed design is desired in the City and in this specific geographic area.Further analysis for the proposed use is below in the Comprehensive Plan policy analysis as well as in Section VII. The following goals and policies in the Comprehensive Plan are applicable to the proposed development: • "Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic vitality."(3.06.02) The proposed use will contribute to the mix of uses in this area and should add to the livability and economic vitality of the community by providing the opportunity for residents to live and work in close proximity to the same physical space. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability."(3.06.02B) The subject site is not part of or directly adjacent to a mixed-use area but is adjacent to a number of commercial and residential uses. Therefore, this area can largely function as a mixed-use area and the inclusion of vertically integrated structures, when properly designed, only furthers that element of this area. The proposed use would allow neighborhood serving commercial uses in close proximity to residential neighbors to the Page 4 Item 4. 95 east and north thereby reducing vehicle trips and enhancing livability of the area. • "Require appropriate building design, and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods." (5.01.02D) The proposed vertically integrated residential project is shown with a residential design in order to better blend with the existing neighborhood to the north and east. The Applicant intentionally proposed this building design but Stafffinds this design may impede the commercial viability of the commercial spaces for anyone besides the residential tenant. This can work but it is not a guarantee every residential tenant will also want a commercial space. Therefore, with the current design and in these instances, the commercial space may sit empty and never activate the commercial areas as intended with a vertically integrated use. Some of the expected and allowed uses allowed in these structures are as follows: arts, entertainment or recreation facility; artist studio;daycare facility; drinking establishment; education institution;financial institution; healthcare or social assistance; industry, craftsman; laundromat;personal or professional service; restaurant; and retail. With the proposed size of the commercial suites, Staff anticipates a number of these uses would not be viable. Further analysis and recommendations are in subsequent sections below. • "Locate smaller-scale,neighborhood-serving commercial and office use clusters so they complement and provide convenient access from nearby residential areas, limiting access to arterial roadways and multimodal corridors."(3.07.02B) As discussed above, the proposed use and design of these buildings should provide for smaller-scale, neighborhood serving commercial and office uses. Staff finds, if properly designed, the proposed use would provide convenient access from adjacent residential areas and capture some vehicle trips that would otherwise utilize the arterial roadways. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City."(2.01.01 G) The proposed vertically integrated residential project would be a new housing type within this area of the City. In fact, Staff is not aware of this type of use within at least a mile of this property in all directions. The addition of a new housing type in this area helps provide for a diversity in housing for different income levels and housing preferences. VI. UNIFIED DEVELOPMENT CODE UD The proposed use,vertically integrated residential project, is listed as a conditional use in the L-O (Limited Office)zoning district per UDC Table 11-2B-2. Compliance with the dimensional standards listed in UDC Table 11-2B-3 for the L-O district is required and are met per the submitted plans except for the drive aisles proposed to access the garages for each unit. The submitted site plan shows the drive aisles adjacent to the garages as 20 feet wide which does not comply with UDC 11-3C-5 standards for two-way drive aisles.A two-way drive aisle, applicable throughout the site, requires a minimum width of 25 feet. The Applicant should revise the plans to show compliance with this standard at the time of Certificate of Zoning Compliance (CZQ submittal. Page 5 Item 4. 96 VII. STAFF ANALYSIS As discussed above in Section V,the proposed vertically integrated residential project is considered an appropriate use and meets the development guidelines listed for the Office designation if properly designed. Staff has noted concerns with the proposed floor plan and elevations of the building in regards to the use and long-term viability of the commercial component to this project.According to the Applicant, the commercial spaces of the units will be leased with the residential units therefore, removing the potential of a non-resident utilizing the commercial suite and somewhat minimizing some of the concerns of the long-term viability of the space. In consideration of this information, it is logical the Applicant would propose a relatively small commercial space for each unit(approximately 165 square feet). The submitted conceptual floor plans would indicate the commercial suite in each unit being equal to a home office instead of a standalone commercial space—this design is not specifically prohibited or discussed in the specific use standards for this use or its definition. However, the proposed unit design is what creates concern and Staff finds it does not fully meet the noted definition of Vertically Integrated as currently proposed. The submitted floor plan shows a relatively small commercial suite that has minimal storage space for inventory, no separate room for meetings, and no outdoor patio space to help activate the commercial frontage. Staff is concerned this small space could be rented out as a separate residential unit without the City being the wiser OR would become an office for the residence and not serve the nearby neighborhood as intended with the commercial component of vertically integrated residential projects. The proposed size of the commercial spaces in each unit will likely not support many of the allowed uses noted in the specific use standards for this use. This furthers Staff's concern that these units may become standalone residential, which is not an allowed use in the L-O zoning district. In addition to the units facing the adjacent public streets, the Applicant is proposing two units to the interior of the site that has even less visibility and presents more challenges to having a viable commercial component. Because of the location of this building, Staff is recommending these units are removed in lieu of additional parking and some open space for future residents and commercial patrons. An inclusion of open space for this development presents a more livable project and allows further opportunity for a shared space between the commercial and residential components of the project. Staff is aware the subject project is not proposed in an urban environment and a vertically integrated project more consistent with downtown Meridian would not fit with the existing neighborhood character. Commission should determine if the proposed vertically integrated project, despite meeting minimum code requirements, meets the intent of the proposed use. In order to help with some of the concerns noted,Staff is recommending the following revisions to the plans: 1) expand the commercial area of the units to potentially encompass the entire first level,2)remove the first exterior door to help delineate the commercial and residential areas of the units by creating two exterior facing doors;one for the residential, and one for the commercial suite,and 3) remove the two(2) units that frame the hard corner of W.Milano Drive and N. Cortona Way to incorporate a shared plaza space similar to what exists in the commercial area on the south side of McMillan in Bridgetower Crossing. With the addition of outdoor patio space/shared patio space the commercial component of this development would help activate some of the commercial spaces.Additional and more specific recommendations can be found under the elevation analysis below and in the conditions of approval in Section XA. The proposed use is subject to the following Specific Use Standards(UDC 11-4-3-41)—Vertically Integrated Residential Project: (Staff analysis in italics) Page 6 Item 4. ■ A. A vertically integrated residential project shall be a structure that contains at least two (2) stories. Submitted plans show compliance by proposing two-story units. B. A minimum of twenty-five(25)percent of the gross floor area of a vertically integrated project shall be residential dwelling units, including outdoor patio space on the same floor as a residential unit. Submitted plans show compliance with this standard by proposing vastly more residential floor area than commercial. In addition, the conceptual floor plans depict private patios on the first floor of each unit complying with the second portion of this standard. C. The minimum building footprint for a detached vertically integrated residential project shall be two thousand four hundred(2,400) square feet. The smallest of the four(4) buildings is proposed as approximately 3,600 square feet. Therefore, all of the proposed buildings comply with this standard. D. The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; daycare facility; drinking establishment; education institution; financial institution;healthcare or social assistance; industry, craftsman; laundromat;nursing or residential care facility;personal or professional service;public or quasi-public use;restaurant;retail; or other uses that may be considered through the conditional use permit process.Noted and the Applicant shall comply with this specific use standard. As noted above, the proposed floor plans depict approximately 165 sq.ft. of commercial space, Staff has concerns that the proposed commercial space may not be large enough to accommodate many of the allowed uses noted above. E. None of the required parking shall be located in the front of the structure.According to the submitted plans, the required parking for each residential unit and the commercial spaces is located behind or adjacent to the structures. Staff finds the proposed design complies with this standard. Access(UDC 11-3A-3): One(1)driveway access is depicted on the overall site plan and connects to N. Cortona Way along the east boundary of the site—the only direct access to a public street for the project. The submitted plans also show the main drive aisle that bisects the project and lies across the shared property line to continue west to connect to an existing drive aisle utilized for the two office buildings along Ten Mile —this drive aisle connects to W. Milano Drive approximately 190 feet west of the subject sites. The additional office building shown on the submitted site plan is not part of this project and would likely only require administrative applications in order to be constructed. The site plan shows multiple drive aisles off of the main east-west drive aisle for access to the proposed vertically integrated units and the two-car garages. Staff anticipates the two access points shown on the site plans would be needed for safest and most efficient flow of traffic for this proposed project despite the future office building to the west not being a part of this project. Because of this, Staff is recommending a condition of approval to construct the northern portion of this drive aisle with this project to ensure adequate traffic flow for the site regardless of the timing of development of the office site shown west of the subject sites. Staff does not have concern with the proposed access for the project with Staffs recommended timing of the east-west drive aisle construction and previous mentioned recommended condition to widen the drive aisles to meet code requirements. Parking(UDC 11-3C): UDC Table 11-3C-6 requires the following off-street parking spaces for the proposed use of vertically integrated residential project: one (1) space per residential unit and the standard parking ratio for Page 7 Item 4. 98 nonresidential uses(1 space per 500 square feet of gross floor area). Based on 16 residential units, a minimum of 16 spaces should be provided. As noted,each unit is proposed with a two-car garage that exceeds our dimensional standards and therefore exceeds code requirements. Each commercial space is less than 500 square feet requiring one additional space per unit—according to the submitted plans, 20 additional parking spaces are proposed on the subject site. Based on the submitted plans,the proposed parking exceeds UDC requirements and Staff has no concern with the parking proposed for the site. Sidewalks(UDC 11-3A-1 There are existing 5-foot wide attached sidewalks along the adjacent public streets,W. Milano Drive and N. Cortona Way and meets UDC standards for these areas. Any damaged curb, gutter or sidewalk is required to be replaced if damaged during construction. The submitted plans do not show any additional sidewalk connections from the front of the buildings to the existing sidewalks, as required in UDC 11-3A-19. Stafffinds this to be a missed opportunity to activate the building frontage with the adjacent streets for the commercial suites. Therefore, consistent with Staffs additional recommendations to add a separate commercial door on the front facade of each unit,Staff is recommending additional 5-foot wide sidewalks are constructed from the front of the units facing public streets(14 of the 16 units). Because of the overall design of the units abutting each other in a mirrored format,Staff is acceptable to shared connections to the attached sidewalks so long as each unit entrance has a sidewalk connection to the shared connection. Please see exhibit below for an example: Ob P 4 t --•wS . � T I + � I I i I � I � I Block 1 ' � C I I I I I y- -- Vt,4M0 ---- -�_--- Landscaping(UDC 11-3B): A 10-foot wide street buffer is required to be provided along N. Cortona Way to the east, a local street, and a 20-foot wide street buffer is required along W. Milano Drive, a collector street, landscaped per the standards listed in UDC 11-3B-7C.Parking lot landscaping is required per the Page 8 Item 4. 99 1 standards listed in UDC 11-3B-8C. A 20-foot landscape use buffer to the existing single-family residential to the north is also required. All required street buffers are existing and comply with code requirements. The submitted landscape plan depicts the required 20 foot wide use buffer along the north property boundary but does not show the required number of trees. According to the aerial imagery, there appears to be existing and mature trees in this buffer but this is not depicted on the plans. The existing landscape conditions should be added to the plans with the future CZC submittal. The required parking lot landscaping appears to be compliance with UDC requirements except for the area adjacent to the parking lot along the west boundary on the south parcel. D. This should also be revised with the future CZC submittal. Fencing(UDC 11-3A- : According to the submitted landscape plan,it is unclear if any fencing is proposed with this project. Code does not require perimeter fencing but there is existing fencing along the north property boundary that belongs to those homes within the Verona Subdivision. If any additional fencing is proposed in the future, a detail of the proposed fencing should be included on the landscape plans with the CZC application that demonstrates compliance with the standards in UDC 11-3A-7. Building Elevations: The conceptual building elevations submitted with the application depict two-story units with two-car garages that are attached via internal breezeways. Overall,the elevations depict farmhouse style architecture with the addition of lighter stone accents and larger windows along the first floor commercial fagade. Administrative Design Review was not submitted concurrently with this application so one will be required with the future CZC submittal. Furthermore, Staff will analyze the proposed elevations for compliance with the Architectural Standards Manual(ASM)at the time of Design Review submittal. Upon initial review of the conceptual elevations, they appear to meet the required standards of the ASM. However, as stated throughout this report, Staff has concerns with how the commercial suite is delineated from the residential portion of the building. Staff finds the proposed building fagade where the main entrance is located makes it difficult to determine where the residential and commercial lay. In the last pre-application meeting, Staff discussed this issue with the Applicant and requested they look into providing different treatment to the first floor fagade in question in order to more clearly delineate the commercial and residential uses of the building in order to help activate the commercial component. In the spirit of this request and consistent with Staffs other recommended revisions to the building design,Staff is also proposing the future Design Review elevations to include a more traditional commercial storefront for each commercial space by providing more window area, if possible, a different field material on the first floor facades overall,and to include the dedicated commercial entry door noted on the front facing facade, as recommended in previous sections of this report. With these revisions,Staff believes not only the elevations are improved but the overall project is also improved by providing abetter avenue to activate the commercial aspect of the proposed project. Certificate of Zoning Compliance(UDC 11-5B-1): A Certificate of Zoning Compliance(CZC)is required to be submitted for the proposed use prior to submittal of a building permit application to ensure compliance with UDC standards and the conditions listed in Section X. Page 9 Item 4. ■ VIII. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions in Section X per the Findings in Section XI. B. The Meridian Planning&Zoning Commission heard this item on February 3,2022 and March 3, 2022.At the March 3,2022 public hearing,the Commission moved to approve the subject Conditional Use Permit request. 1. Summary of the Commission public hearing: a. In favor: Wendy Shrie£Applicant Representative; Dave Yorgason,Project Developer. b. In opposition:None C. Commenting: Wendy Shrief; Dave Yorgason; d. Written testimony: Two(2)pieces of public testimony submitted—concerns with: proposed design being residential veiled as vertically integrated to meet code requirements; increase of traffic b adding additional residential units and commercial space; desire for lots to be constructed with L-O approved use only. e. Staff presenting application: Joseph Dodson,Associate Planner. 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. Are units intended to be for-rent or for-sale units—Commission originally discussed preference for ownership opportunities instead of rentals; b. Concern over the amount of parking proposed as garages could become storage areas instead of used for parkin C. Size of proposed commercial space in relation to residential portion of project; d. Function of proposed commercial units with the neighborhood as well as internal to the sib e. Is the proposed type of vertically integrated marketable in this location; f. Appreciation of the Applicant's revisions to the site plan, floor plans, and elevations to help mitigate concerns surrounding the viability of the commercial spaces in the project. 4. Commission change(s)to Staff recommendation: a. No modifications proposed outside of Staff s Memo dated February 18,2022. Page 10 Item 4. ■ IX. EXHIBITS A. Site Plan(date: January 2022 i n16/2021) (NOT APPROVED) i N87'45'07-E 585.35'77"E so 57• ' / -anon s�usxr --- _ pp• IT- "AREFERENICE ONC-V a w I III - T A PART OF ---- I I II I APPUCATION s FAB I17 V • • • I � zr�ccsss c�misxr N89'38'1I W 190.01' _'-r__�rikolmx- --,:o - _ _,._.._-: _ _.•_ __ s.. �l_ _— ulmxc uxsn axe- " u u.l I _ I 7 I 1 N ! I $ I I n zl I a I I I I I I W I N82'03'21"N+ ---- 773-G8� � l -— --- - w�axe I.H FrevE»r ✓���7 Page I1 Item 4. Fl 02 . ONA LIVE . K I x , PART OF APPLI . M . 4111 ------------02 LALRLU Page 12 Item 4. F103 B. Landscape Plan(date: 9�2^�r�0/2020 January 2022) OUQ - BAERo Ph 208 59.19M Ph 708 8 59 19 00 r TII REA REFERENC NL-Y NOT PART OF APPLIC TION r � i N + ro �H EalloscnPE LEOENo 0� KEYNOTES'-0 o�Ewu T C U r-'-1 z or Page 13 Item 4. 104 C. Conceptual First-Floor Plans (dated: February 2022) 2 4 PRELIMINARY II ,. Pzrzos� I IIIJJJ . LOT BLOCK DIM CO _ v = �� ;• 1 IIIIrrII � a � � x �J z 12 y- i I k _ I u 0 rW Z Ell 3 0 ce a. z�o.ne FLOOR PLAN-MAIN LEVEL A2.0 Page 14 Item 4. Fl 05 1 2 3 4 uve WlRK e 1 PRELIMINARY LOT BLOCK R �p r� r� p 8 "s T � c.. LL � ILI w x ® H w ,r Ll a a s s AIN LEVEL 2 3 a - A2.0 Page 15 ® El D. Conceptual Elevations (NOT APPROVE (dated: JanuM 1 _. -- ---- zw000�---- ,. REAR B-EVAT10N IIIIII� rrIIII� - IVC �L „IJMLJI. Q I� �I I IJII Item 4. F107 X. CITY/AGENCY COMMENTS & CONDITIONS A. Planning 1. The Applicant shall substantially comply with the revised and approved site plan,landscape plan,and generally eemply with the conceptual building elevations and floor plans approve in this report as depicted in Section IX and revised per Section X.A. 2. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-41 for the proposed Vertically Integrated Residential Project. 3. Hours of operation for any future commercial in the commercial suites shall be limited to 6:00 AM to 10:00PM,per UDC 11-213-313 for the L-O zoning district when it abuts a residential use or district. 4. Prior to building permit submittal,the Applicant shall obtain Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES) approval from the Planning Department. 5. The site plan(s) shall be revised as follows prior to submitting for Certificate of Zoning Compliance approval the Dl.,t+ai g and Zoning Commission hear-i,,.. a. All drive aisles shall be a minimum of 25 feet wide,per UDC 11-3C-5 standards. b. For the facades facing W.Milano Drive and N. Cortona Way, depict additional 5-foot wide sidewalks connecting from these building entrances to the existing sidewalks along the public streets, similar to what is shown in the submitted color site plan image. e. Dem&ye the twe, its framing the eemer-of W. Mil e Dr-ive .,n,1 N. !-',,,-E.,a afid add., shafed plaza spaee with outdoer seating and shade stnaetufes. d. Rem&ve the two tmits not along the adjaeen�st+eets in lieu of additional pafk4ag and some tisable eommen open spaee for-the development. e. Move the northern four(4)units approximately three(3) feet to the north to accommodate an extension of 5-foot wide sidewalk and 5 feet of landscaping along the south side of this building from Cortona Way to the plaza area in the interior of the site. 6. The landscape plan(s) submitted with the Certificate of Zoning Compliance application shall depict the following revisions: a. Depict all existing landscaping on the subject sites to ensure compliance with UDC standards. b. Depict at least 5 feet of landscaping and the required number of trees along the west project boundary and adjacent to the proposed parking lot on the south parcel(3042 W. Milano Drive). c. Depict the additional 5-foot wide sidewalks as noted above. d. Depiet the shared-plaza as noted above with appr-epr-iate landseaping elements. 7. The eofieepWal building eleva4iens and r-eader-ings shall be t:evised as follows prior-to the Planning and Zoning Commission hea.' a. The first floor-fagade f4eing and visible from the adjaeeftt publie stfeets (W.Milano Drive and N. Coftena Way) shall depiet a different field material a-ad eelef than the seeend floor-f gade Page 17 Item 4. 108 enify dooF made of glass to help delineate the conuner-cial suite of the projeet this does not mean the over-all size of the window front shown on the e0neeptual elevations should be r 8. Prior-to the Plafming and Zoning Commission hear-ing,the eoneepttial floor-plans shall be revised as f ii,ws. a. Expand the eommer-eial areas of at least some of the twits to help the viability of the conuner-cial eomponent of this project b. Remove the first exterior-door to help delineate the eommer-eial and residential areas o the units by ereating two exterior f4eing doors; one for the residential, and one for the eonuner-cial tite 9. The east-west drive aisle depicted on the site plan(s)that connects from N. Cortona Way,to the existing north-south drive aisle on parcels R9010670065 &R9010670015 shall be constructed with the first phase of this project to ensure adequate traffic flow for the site. 10. Protect the existing landscaping on the site during construction,per UDC 11-313-10. 11. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements, acquire building permits and commence construction within two years as set forth in UDC 11-5B-6F.1; or 2) obtain approval of a time extension as set forth in UDC 11-5B-6F.4. B. Ada County Highway District(ACHD) No staff report has been submitted at this time. A Traffic Impact Study(TIS) was not required for this project. C. West Ada School District(WASD) https:llweblink.meridiancioy.org/WebLink/Doc View.aspx?id=244897&dbid=0&repo=MeridianC hty D. Department of Environmental Quality(DEQ) https:llweblink.meridianciLy.orglWebLinkIDocView.aspx?id=244941&dbid=0&repo=MeridianC hty XI. FINDINGS A. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. With Staffs recommended revisions, the site meets all the dimensional and development regulations of the L-O zoning district and the proposed use of Vertically Integrated Residential Project. Therefore, Commission finds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Page 18 Item 4. ■ Commission finds the proposed use will be harmonious with the Comprehensive Plan per the analysis and applicable policies noted in Section V of this report. 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, operation, and maintenance of the proposed use with the conditions imposed, should be compatible with other uses in the general vicinity and shouldn't adversely change the character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. If the proposed use complies with the conditions of approval in Section X as required, Commission finds the proposed use 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. Commission finds the proposed use will be serviced adequately by all of the essential public facilities and services listed. 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. Commission finds the proposed use should not involve activities that would be detrimental to any persons,property or the general welfare. 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) 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. Page 19 E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Planning & Zoning March 17, 2022Commission Meeting Item #6: Vanguard Village AERIALZONINGFLUM Existing Conceptual Development Plans Included in DA’s Proposed Conceptual Development Plan Proposed Conceptual Building Elevations for Vertically Integrated Residential/Commercial (Not Approved) Conceptual Elevations for Commercial Development Zoning Proposed with Rezone Proposed Preliminary Plat & Phasing Plan (Revised) Existing Streets in Baraya Sub. to the north & Proposed Connections Proposed Landscape Plan Proposed Circulation Plan Proposed Site Plan & Landscape Plan for MultiFamily Development- Proposed Open Space Exhibit for MultiFamily Development- Proposed Site Amenity Exhibit for MultiFamily Development- Proposed Conceptual (Not Approved)Garden Style ApartmentsBuilding Elevations for Proposed Conceptual Building Elevations for Townhome Style Units (Not Approved) Proposed Conceptual Building Elevations for Townhome Style Units (Not Approved) Proposed Conceptual Building Elevations for Clubhouse (Not Approved) Item #7:PLANNED DEVELOPMENTZONINGFLUM Daycare CUPFaissy’s Background the CC&Rs do not allow commercial uses. Staff has two letters in opposition, citing traffic, parking, safety and that •in a fenced backyard. All outdoor play is limited to one hour after 9AM and one hour after 1PM •times when drop off is necessary. There is an additional parking space on site, and curbside parking for the •not change. Applicants states they already pick up and drop off children, and this will •Operates from 7AM to 7PM. •which now makes it a group daycare. Applicant recently had a baby, bringing the number of children to 7, •) is already operating at the site. childenFamily Daycare (< 6 • Site Plan and Elevation Changes to Agenda:  Item #5 (Alamar Sub.) requires continuance due to Applicant and Staff working to modify the plat. Project will need to st be renoticed due to an increase in lots and project area. Staff recommends April 21 hearing.  Item #8 (Pavillion at Windsong H-2021-0102) requests continuance to consider staff’s recommendations on the staff report. Item #6: Vanguard Village (H-2021-0081) Application(s):  Development Agreement Modification (no action required from Commission)  Rezone  Preliminary Plat  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 115.26 acres of land, zoned C-C, H-E, M-E and R-40, generally located ¼ mile south of W. Franklin Rd. and S. Ten Mile Rd. History: This property was annexed in 2010 with a DA that included a conceptual development plan for the overall property that consisted of a mix of high-density residential, commercial, mixed employment and high-density employment uses. Comprehensive Plan FLUM Designation: Mixed Use – Commercial (MU-COM); Medium High-Density Residential (MHDR); Mixed Employment (ME); High Density Employment (HDE) Summary of Request: A modification is requested to the existing DA to replace it with a new agreement for the proposed development. The original agreement included a conceptual development plan that depicts a mix of uses consisting of flex office, condos & townhomes, ground level retail with residential & offices above, research & development, restaurants, offices, parking structures, an amphitheater, and park areas with lakes. The proposed concept plan also depicts a mix of uses including a multi-family development with garden-style apartments & townhome- style units at a gross density of 13.63 units/acre; flex uses of approximately 410,000 s.f. which may include office, light industrial & other uses such as distribution & light manufacturing; vertically integrated residential; commercial/retail uses; and non-residential uses such as a corporate campus, business & professional office space, research & development and limited retail & service uses (approximately 380,000 s.f.). Conceptual elevations were submitted for these uses. The applicant proposes a rezone of 7.06-acres from the C-C to the H-E zoning district; 17.38-acres from the C-C & H-E zoning districts to the M-E zoning district; and 40.33-acres from the R-40, C-C and M-E zoning districts to the R-15 zoning district; and 1.10-acres from the H-E to the C-C zoning district. All of these zoning districts currently exist on the site except for the R-15 district which is proposed to replace the R-40 district, which Staff believes will provide a better transition to the existing single-family dwellings to the north. The rezone proposes to reconfigure the boundaries of these zoning districts into more developable areas consistent with the proposed road layout and concept plan. A Preliminary Plat consisting of 8 building lots & 6 common lots on 115.26-acres of land in the R-15, C-C, H-E and M-E zoning districts for Vanguard Village subdivision. The subdivision is proposed to develop in 5 phases per the revised phasing plan; the first phase of the MFR development on the north end of the site zoned R-15 is proposed to develop first with the M-E second, the second phase of the multi-family development third, the H-E third fourth and the C-C zoned area last. Access is proposed to be provided from the northern boundary of the site from W. Franklin Rd. via S. Sunset Point Way and S. Baraya Way and from the east from S. Ten Mile Rd. via the extension of Vanguard Way. Coral Reef Way, Sunset Point Way, Umbria Hills and Vanguard Way are all designed as collector streets in accord with the Master Street Map and the Transportation System Map in the TMISAP. Stub streets are proposed to adjacent properties for future extension. Due to the unacceptable level of service projected at the Baraya Way/Franklin Rd. intersection & the cut-through traffic projected on Baraya Way & Sunset Point Way north of the site, ACHD is restricting development to the first phase with 136 MFR units, or a combination of commercial & residential development that generates approx. 75 PM peak hour trips, until alternative access is available to Umbria Hills Way, Franklin Rd. or Black Cat Rd.; OR, wait to extend Sunset Point Way into the site & Coral Reef Way to connect Baraya Way until there is alternative access available to Umbria Hills Way, Franklin Rd., or Black Cat Rd. The development is restricted to the first phase that generates 3,000 trips in this scenario, or approximately 366 MFR units & the M-E zone until alternative access is available to the site. Ten (10) foot wide multi-use pathways are proposed on the site in accord with the Pathways Master Plan. One segment follows the Williams pipeline easement diagonally across this site; another segment runs along the southern boundary within the street buffer along I-84. The Park’s Dept. has requested a pathway connection be provided between the pipeline pathway & the nearby sidewalk along Coral Reef Way. A pedestrian circulation plan is proposed that depicts all sidewalks and pedestrian pathways planned throughout the site in accord with the TMISAP for mixed use areas. A CUP is proposed for a MFR development consisting of 552 dwelling units with a mix of 3-story apartments and 2-story flats and townhome-style buildings ranging from 758 to 1,693 s.f. on 40.33-acres of land in the R-15 zoning district. A 9,368 square foot single- story clubhouse is proposed with amenities along with two (2) other amenity buildings. Nine (9) garden-style apartment buildings containing a total of 216 units and 51 flats and townhome-style buildings are proposed containing a total of 336 units with a mix of 1-, 2- and 3-bedroom units. Common open space & site amenities are proposed in accord with UDC standards. A total of 7.5 acres of common open space is required; a total of 8.99 acres is proposed. A minimum of 4 amenities are required; amenities from all of the required categories are proposed as follows: a clubhouse with a swimming pool, hot tub and cabanas; an outdoor kitchen and dining area; fitness lounge, lawn games and firepit lounge; pickleball court; children’s play area; dog parks; a smaller swimming pool, picnic shelter and fire pit lounge; art; pedestrian walkways; 10-foot wide sidewalks along the collector street (Vanguard); and an amenity area with a BBQ lounge. Conceptual building elevations were submitted for the proposed apartment, flat and townhome-style multi-family and clubhouse buildings. Updated building materials consist of vertical and horizontal hardie plank siding in light gray, green and wood colors; stucco in dark gray and off-white colors; and vertical western red cedar siding with cedar posts and beams and asphalt shingles. These elevations are not approved – final design is required to comply with the design guidelines in the TMISAP and the design standards in the ASM. Written Testimony: The Applicant submitted comments in response to the staff report, which Staff responded to. The Applicant found the response acceptable and noted that after tonight’s hearing a few clarifications may be needed but nothing of significance. No other testimony was submitted. Staff Recommendation: Approval with the amended DA provisions & conditions in the staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2021-0081, as presented in the staff report for the hearing date of March 17, 2022, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2021- 0081, as presented during the hearing on March 17, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0081 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #7: Faissy’s Childcare (H-2022-0002) Application(s):  Conditional Use Size of property, existing zoning, and location: This site consists of .17 acres of land, zoned R-4, located at 1322 E. Grand Canyon St (SW of E. McMillian Rd and N. Locust Grove Rd.). History: An Accessory Use Permit was issued in 2021 to allow family daycare (< 6 children) Comprehensive Plan FLUM Designation: Medium Density Residential Summary of Request: Conditional Use Permit to allow group daycare (defined as up to 12 children).  Family Daycare (< 6 children) is already operating at the site.  Applicant recently another child, bringing the number of children to 7, which now makes it a group daycare.  Operates from 7AM to 7PM.  Applicants states they already pick up and drop off children, and this will not change.  There is an additional parking space on site, and curbside parking for the times when drop off is necessary.  All outdoor play is limited to one hour after 9AM and one hour after 1PM in a fenced backyard. Written Testimony: 2 letters received from Ranga Perera and Roger Letsom – Issues include traffic, safety regarding traffic, existing CC&Rs and how a commercial business can be approved in their neighborhood. Staff Recommendation: Approval with conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number (H- 2022-0002, as presented in the staff report for the hearing date of March 17, 2022, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2022- 0002, as presented during the hearing on March 17, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0002 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item 5. 110 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Alamar Subdivision (H-2022-0004) by Noble Rock Development, Inc., Located at 4380 W. Franklin Rd. (Parcel #51210346603), Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd. Application Requires Continuance A. Request: Annexation and Zoning of approximately 7.23 acres of land with a request for the TN-R (Traditional Neighborhood Residential) zoning district. B. Request: Preliminary Plat consisting of 42 building lots (22 single-family attached lots and 20 detached single-family lots) and 4 common lots on 4.63 acres in the requested TN-R zoning district. Item 5. 111 1 (:�N-WE IDIAN IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: March 17, 2022 Topic: Public Hearing for Alamar Subdivision (H-2022-0004) by Noble Rock Development, Inc., Located at 4380 W. Franklin Rd. (Parcel #S1210346603), Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd. A. Request: Annexation and Zoning of approximately 7.23 acres of land with a request for the TN-R (Traditional Neighborhood Residential) zoning district. B. Request: Preliminary Plat consisting of 42 building lots (22 single-family attached lots and 20 detached single-family lots) and 4 common lots on 4.63 acres in the requested TN-R zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing Item 6. Ll 12 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from February 17, 2022 for Vanguard Village (H- 2021-0081) by Meridian 118, LLC, Generally Located 1/4 Mile South of W. Franklin Rd. and S. Ten Mile Rd. A. Request: Modification to the Existing Development Agreement (Inst. #110115738) to replace it with a new agreement for the proposed development. B. Request: Rezone of 7.06 acres from the C-C to the H-E zoning district, 17.38 acres from the C- C and H-E zoning districts to the M-E zoning district, 40.33 acres from the R-40 and C-C and M-E zoning districts to the R-15 zoning district, and 1.10 acres from the H-E to the C-C zoning district. C. Request: A Preliminary Plat consisting of 8 building lots and 6 common lots on 115.26 acres of land in the R-15, C-C, WE and M-E zoning districts. D. Request: A Conditional Use Permit for a multi-family development consisting of 552 dwelling units on 40.33-acres of land in the R-15 zoning district. Item 6. 113 (:�N-WE IDIAN IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: March 17, 2022 Topic: Public Hearing Continued from February 17, 2022 for Vanguard Village (H-2021- 0081) by Meridian 118, LLC, Generally Located 1/4 Mile South of W. Franklin Rd. and S. Ten Mile Rd. A. Request: Modification to the Existing Development Agreement (Inst. #110115738) to replace it with a new agreement for the proposed development. B. Request: Rezone of 7.06 acres from the C-C to the H-E zoning district, 17.38 acres from the C-C and H-E zoning districts to the WE zoning district,40.33 acres from the R-40 and C-C and WE zoning districts to the R-15 zoning district, and 1.10 acres from the H-E to the C-C zoning district. C. Request: A Preliminary Plat consisting of 8 building lots and 6 common lots on 115.26 acres of land in the R-15, C-C, H-E and WE zoning districts. D. Request: A Conditional Use Permit for a multi-family development consisting of 552 dwelling units on 40.33-acres of land in the R-15 zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing Item 6. ■ STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING March 17,2022 �� DATE: Legeom:Continued r February 17, 2022 f � lei Project Lorca Dior. TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0081 Vanguard Village—MDA,RZ,PP, CUP LOCATION: Generally located 1/4 mile south of W. Franklin Rd. and S. Ten Mile Rd.,in the middle of Section 15,T.3N. R.1 W. a I. PROJECT DESCRIPTION The Applicant has submitted an application for the following: • Modification to the existing Development Agreement(Inst. #110115738)to replace it with a new agreement for the proposed development; • Rezone of 7.06-acres from the C-C to the H-E zoning district; 17.38-acres from the C-C&H- E zoning districts to the M-E zoning district; and 40.33-acres from the R-40, C-C and M-E zoning districts to the R-15 zoning district; and 1.10-acres from the H-E to the C-C zoning district; • Preliminary Plat consisting of 8 building lots& 6 common lots on I I5.26-acres of land in the R-15, C-C,H-E and M-E zoning districts for Vanguard Village subdivision; and, • Conditional Use Permit for a multi-family development consisting of 552 dwelling units on 40.33-acres of land in the R-15 zoning district for Vanguard Crossing. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 115.21 acres overal Existing/Proposed Zoning R-40,M-E,C-C and H-E(existing)/H-E,M-E,C-C and R- 15 (proposed) Future Land Use Designation Mixed Use—Commercial(MU-COM);Medium High- Density Residential(MHDR);Mixed Employment(ME); High Density Employment(HDE) Page 1 Item 6. 115 Description Details Page Existing Land Use(s) Vacant/agricultural land Proposed Land Use(s) Multi-family residential,vertically integrated residential, light industrial,commercial/retail,research and development and other uses. Lots(#and type;bldg./common) 8 buildable lots/6 common lots Phasing Plan(#of phases) 4 phases(plat);2 phases(multi-family development) Number of Residential Units(type 552 multi-family apartment units of units) Physical Features(waterways, The Williams gas pipeline bisects this site hazards,flood plain,hillside) Neighborhood meeting date;#of 8/17/21 attendees: History(previous approvals) AZ-09-008 Meridian Crossing(Ord.#10-1467;DA Inst. #110115738);ROS#7623 (Inst.#106170019 2006) B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was submitted. es/no Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Traffic Level of Service Stub Street/Interconnectivity/Gros s Access Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Improvements Fire Service • Distance to Fire 2 miles Station • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#2—can meet response time goals • Resource Reliability 85%-does meet the target goal of 80%or greater • Risk Identification 4—current resources would not be adequate to supply service (risk factors include fire-fighting in multi-story buildings&a large gathering of people in a single location) • Accessibility Project meets all required access,road widths and turnaround. • Special/resource Project will require an aerial device;can meet this need in the needs required timeframe if a truck company is required. • Water Supply Varies as there are multiple size buildings in which some will require fire sprinkler systems. Page 2 Item 6. 116 Description Details P • Other Resources West Ada School District • Capacity of Schools Approved prelim Approved MF Projected plat parcels per units per Students from Enrollment Ca aci attendance area attendance area Approved 0ev. • #of Students Enrolled Chaparral Elementary 552 700 730 1549 209 Meridian Middle School 1070 1250 800 1798 136 Meridian High School 17S9 207S 3343 2300 527 School of Choice Options Chief Joseph Elementary-Arts 498 700 N/A N/A Barbara Morgan STEM Academy 414 500 N/A N/A • Predicted#of students 83 generated from proposed development Wastewater • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • See Public Works Site Specific Conditions in Section VII.B Water • Distance to Water Directly adjacent Services • Pressure Zone 2 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • Complete plans for water must be reviewed by Engineering before final plat approval of any phase,the plans provided are not adequate for a full review. • See Public Works Site Specific Conditions in Section VILB Page 3 Item 6. F117 C. Project Area Maps Future Land Use Map Aerial Map ffeegend hAead�High ffL��egend IPrnje t Laca�an a n ` J`Prnject LaeafK:m a.i...... side i t y Hig - esidenfi I -Res `�..'q w D,..�ensi idl<ntial $ _Ni # , . Medium ens,tyr %esidenf& Zoning Map Planned Development Map Legend _g T Legend 1 - fPrnje-! Umc nor �Jl- f Prnjent Luc o'or I I C R:15 C-N +_ fi R-1 R- 5 — Pk3nned Pflroe', lM1 M1 R. - RUT ` V-C C-C TZP RR Rt it A. Applicant: Airalea Newman,Insight Investment Partners—3005 W. Horizon Ridge Parkway, Ste. 141, Henderson,NV 89052 B. Owners: James Zeiter,Meridian 118,LLC—3005 W. Horizon Ridge Parkway, Ste. 141,Henderson,NV 89052 Page 4 Item 6. F-1181 C. Representative: JoAnn Butler,Butler Spink, LLP—967 E. Parkcenter Blvd., Ste. 313,Boise, ID 83706 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in newspaper 2/1/2022 Notification mailed to property owners within 300 feet 2/1/2022 Applicant posted public hearing notice on site 2/5/2022 Nextdoor posting 1/31/2022 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan and Ten Mile Interchange Specific Area Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the northern 28.5+/-acres of this site as Medium-High Density Residential(MHDR);the northeast 21+/- acres as Mixed Use—Commercial(MU-COM); the southwest 20.5+/-acres as Mixed Employment (ME); and the southeast 45.5+/-acres as High-Density Employment(HDE). There is also a school site designated on the FLUM in this general area. This site is within the area governed by the Ten Mile Interchange Specific Area Plan(TMISAP). A school site is not included in the proposed development plan. The school district states they don't currently own a site in this area and don't have any prospects of land to purchase in this area at this time; if a developer desires to donate a site in this area,the school district would consider it. MHDR: MHDR designated areas should include a mix of relatively dense multi-family housing types such as row houses,townhouses, condominiums and apartment buildings and complexes with a density ranging from 8-15 units per acre with a target density of 12 units per acre. These areas should be located around or near more intensively developed areas such as Mixed Use—Commercial or Employment areas in order to provide convenient access to these activity and employment centers to the greatest number of residents. A mix of multi-family residential housing types consisting of townhomes, flats and garden style apartments is proposed to develop on the northern 40 acres of the development area which is designated as MHDR,ME,HDE and MU-COM on the FLUM.A gross density of 13.63 units/acre is proposed,which falls within the desired density range in the MHDR designated area. Because the existing ME,HDR and MU-COM designations abutting the MHDR designation on this site consist of less than 50%of the site,the Applicant proposes the MHDR designation apply to the entire 40-acre portion of the site as allowed in the Comprehensive Plan(see pg. 3-9). The proposed R-15 zoning encompasses approximately 12 more acres than is currently designated MHDR on the FLUM and 23+/-acres more than currently zoned R-40. See Pg. 3-6 in the TMISAP for more information on the MHDR designation. The proposed multi-family development is located in close proximity(directly to the north and west) to MU-COM,ME and HDE designated land which is proposed to and anticipated to develop with higher intensity commercial and employment uses. The proposed residential uses will provide housing options in close proximity to these uses with convenient pedestrian access between them, Page 5 Item 6. 119 1 which should reduce traffic in the area.This development will provide a transition between the higher intensity uses and existing single-family homes to the north in Baraya Subdivision. ME: The purpose of ME designated areas is to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas,light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments,primarily serving employees and users of the ME areas or nearby industrial areas, are allowed. ME areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large national or regional enterprises. ME areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. It's anticipated that buildings will range in height from 1-4 stories,have total floor areas of 10,000- 1,000,000 square feet, and that FAR will exceed.75. The ME designated area is intended to develop with a mix of flex uses of approximately 4 10,000 s.f., which may include office, light industrial and other uses, along with a 4 10,000 development eempe such as distribution and light manufacturing. Building heights will range from-2 1 to 4 stories. This area is located at the southwest corner of the development and abuts Mixed Employment designated land to the west and 1-84 to the south and will have access to a collector street as desired. Medium-high density residential uses are proposed to the north and high-density employment and commercial uses are proposed to the east with this application. The proposed M-E zoning encompasses approximately 8 more acres than is currently designated ME on the FLUM and 4 acres more than currently zoned M-E.See Pg. 3-11 in the TMISAP for more information on the ME designation. MU-COM: The purpose of MU-COM designated areas is to encourage the development of a mixture of office,retail,recreational, employment and other miscellaneous uses,with supporting multi-family or single-family attached residential uses. This designation requires developments to integrate the three major use categories—residential,commercial and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character. The MU-COM designated area is proposed to develop with a mix of uses including a vertically integrated residential project and commercial/retail uses. The proposed C-C zoning is located along the northern portion of the east parcel abutting the Mixed Use—Commercial designated property to the north at the entry to the development with access to a non-residential collector street as desired. High-density employment uses are proposed to the south and mixed employment uses are proposed to the west with this application. The proposed C-C zoning is approximately 3 acres fewer than is currently designated MU-COM on the FLUM and is 30+/-acres less than currently zoned C-C. See Pg. 3-9 in the TMISAP for more information on the MU-COM designation. HDE: HDE designated areas are recommended as predominantly office,research and specialized employment areas and generally do not include retail and consumer service uses serving the wider community. Limited retail and service establishments primarily serving employees and users of the HDE areas are encouraged. HDE areas should provide a variety of flexible sites for small, local or startup businesses, as well as sites for large national or regional enterprises. They should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. Whenever possible,HDE areas should provide restaurants,lodging and other services in support of the employment uses. High Density Employment areas should be designed as compact urban centers rather than lower density suburban-style development. Buildings are anticipated to range in height from 1-6 stories,have total floor areas of 10,000-1,000,000 square feet with a FAR exceeding Page 6 Item 6. F120] 1.0. Designs that promote open space and parks are strongly encouraged. Structured parking is also allowed. This area is intended to develop with non-residential uses such as a corporate campus,business and professional office space,research and development, and limited retail and service uses (approximately 380,000 square feet). The proposed H-E zoning is approximately 20+/-acres fewer than is currently designated HE on the FLUM but is only 1.6+/-acres more than currently zoned H-E. See Pg. 3-11 in the TMISAP for more information on the HDE designation. Overall,the development area associated with the MHDR designation has increased 23+/-acres with R-15 zoning,the ME designated area has increased 4+/-acres with M-E zoning,the MU-C area is 3+/-acres less with C-C zoning, and the HDE area is 20+/-acres less with H-E zoning. Because the FLUM is a guide and not parcel-specific, adjacent abutting designations,when appropriate and approved as part of a public hearing with a land development application,may be used with some exceptions(see pg. 3-9 Comprehensive Plan for more information).All of the changes fall within the guidance provided;therefore, Staff is in general support of the proposed development and zoning. Transportation: The Transportation System Map in the TMISAP depicts collector streets through this site that connect to S.Black Cat Rd.,W. Franklin Rd. and S. Ten Mile Rd., adjacent arterial streets. The collector street network depicted on the proposed development plan is generally consistent with the Transportation System Map(see pg. 3-18 in the TMISAP). The Street Section Map depicts Street Section D(residential collector)as being appropriate to serve the local access needs of residential, live/work, and commercial activities within a residential neighborhood or mixed-use residential area. f fit g.. PawnLane W Street Section ❑ (Ww"bdamet The collector streets (i.e. Coral Reef Way& Sunset Point Way) in the multi-family portion of the development in the northern 40 acres of the development should be constructed in accord with this street section. Streetlights should be placed in the dry utilities corridor on either side of the street. The Street Section Map depicts Street Section C(major collector)as being appropriate to provide access from adjacent arterial streets(i.e. Black Cat,Franklin&Ten Mile Roads)into the employment area. Streetlights should be located in the tree lawn area and should be of a pedestrian scale. f ilk m e Lane lane Street Section C i " Curb in-c 16d"(@ Page 7 Item 6. 121 The collector streets(i.e. Vanguard Way&Umbria Hills) in the commercial mixed-use area in the southern portion of the development should be constructed in accord with this street section with the following exceptions as required by ACHD: (3)travel lanes instead of(2); and 10-foot wide detached sidewalks/pathways instead of 6-foot wide detached sidewalks in lieu of on-street bike lanes. On- street parking is allowed along Vanguard Way between the Williams pipeline easement and the eastern boundary of the site as proposed. Design: The TMISAP emphasizes the quality of the built environment and includes recommendations on the location, scale, form,height and design quality of public and private buildings in the form of building placement, orientation,and massing; types and design treatments for building frontages; as well as recommendations for the incorporation of art in public and private projects. The design elements in the Plan are intended to serve as the basic framework on any given project within the Ten Mile Area. The primary components that the design elements address include: architecture and cultural heritage;building placement whereby build-to lines are identified; heights and step backs;the definition of a base,body and top; and frontage types. The proposed development should be designed in the accord with the TMISAP (see pgs. 3-31 thru 3-51). See the Application of the Design Elements table on pg.3-49 to determine specific design element requirements according to the associated FLUM designation.Future development applications should include the applicable design elements. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Encourage diverse housing options suitable for various income levels,household sizes, and lifestyle preferences."(2.01.01) The proposed multi family development will include a mix of apartments,flats and townhome-style units with choices between 1-, 2-and 3-bedroom units.A variety of amenities are proposed for different preferences. • "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01A) Several multi-use pathway segments are proposed within this development for interconnectivity between the residential and commercial and employment portions of the development and open space and site amenity areas. • "Encourage the development of high quality, dense residential and mixed use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map." (2.02.01 E) The proposed project provides high quality, dense residential units that complement and provide a transition between the commercial and employment areas to the south and the Page 8 Item 6. ■ single-family residential to the north and is located along I-84, a major transportation corridor. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed residential uses will provide housing options in close proximity to employment, shopping, dining and other commercial uses which should reduce vehicle trips and enhance livability and sustainability of the area. • "Encourage the development of supportive commercial near employment areas."(3.06.02C) The proposed commercial and retail uses should provide supportive uses for the proposed employment area. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) A pedestrian circulation plan is included in Section VII.C.3 for the southern portion of the development and in Section VIII.D for the northern portion of the development which provides safe pedestrian connectivity throughout the development. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meets the established goals. • "Where feasible,encourage large transmission and pipeline utility corridors to function as transitional buffers,parkland,pathways, and gathering places within and adjacent to their right-of-way."(3.07.01E) The Williams pipeline crosses this site; within the easement, a landscaped common area with a meandering multi-use pathway and seating areas are proposed. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A SO foot wide landscaped street buffer is required to be provided along the southern boundary of the site adjacent to I-84;Staff recommends a berm is included in the buffer. • "Encourage the integration of public art as an integrated component with new development." (5.03.01B) Public art is proposed along the multi-use pathway in the center of the project, which will take the form of sculptures that create points of interest along the pathways and speak to the nexus of the region's heritage and its future. Page 9 Item 6. F123] • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS (UDC) A. Development Agreement Modification(MDA): The existing Development Agreement(DA)was approved with the annexation of the property in 2009 (Meridian Crossing AZ-09-008; Inst. #110115738); the provisions of such and the approved conceptual development plan and sample building elevations are included below in Section VII.A. The Applicant proposes a modification to the DA to amend and restate the DA with a termination of the existing DA.All property governed by the original DA will be governed by the amended and restated DA. A new conceptual development plan is included in Section VII.A.3 for the proposed development and new recommended provisions for the agreement are included in Section VIII.A.I based on the analysis of the project below and applicable UDC and TMISAP provisions. Some of the existing DA provisions that are still applicable are also recommended to be included in the amended and restated DA. B. Rezone(RZ): A rezone is requested of 7.06-acres from the C-C to the H-E zoning district; 17.38-acres from the C-C &H-E zoning districts to the M-E zoning district; and 40.33-acres from the R-40, C-C and M-E zoning districts to the R-15 zoning district; and 1.10-acres from the H-E to the C-C zoning district as shown on the zoning map exhibit in Section VII.B. A conceptual development plan and elevations are included in Section VII.A.3 and AA that shows how the site is anticipated to develop. All of these zoning districts currently exist on the site except for the R-15 district which is proposed to replace the R-40 district. The rezone proposes to reconfigure the boundaries of these zoning districts into more developable areas consistent with the proposed road layout and concept plan. The existing zoning consists of 27 acres of H-E, 25 acres of M-E, 16.83 acres of R-40 and 48 acres of C-C zoning. The rezone will result in 28.6 acres of H-E(an increase of 1.6 acres), 29.07 acres of M-E(an increase of 4.07 acres),40.33 acres of R-15 (an increase of 23.5 acres of residential) and 17.27 acres of C-C (a decrease of 30.73 acres)zoning overall. The proposed R-15 zoning is located on the northern 40 acres of the site,which abuts Baraya Subdivision and R-15 zoned single-family residential properties. Medium-high density residential uses are planned to the west and the property to the east is designated Mixed Use—Commercial. Mixed employment and commercial uses are proposed to the south with this application. A multi- family development containing 552 dwelling units at a gross density of 13.63 units/acre is proposed to develop in the R-15 zone. This development will provide a transition between mixed employment uses to the south and lower density single-family homes to the north. The residences proposed for this site will allow people to live and work in the nearby existing and planned commercial and employment areas in the vicinity,thus reducing traffic on area roads by allowing employees to walk or bike to work, shopping and services.Note: The existing R-40 and C-C Page 10 Item 6. F124] zoning districts allow a multi family development with a conditional use permit; however, Staff requested the Applicant rezone the overall area to a zone (i.e. R-1 S) that better represents the land use. The proposed C-C zoning is located along the northern portion of the east parcel abutting the Mixed Use—Commercial designated property to the north at the entry to the development with access to a non-residential collector street as desired. High-density employment uses are proposed to the south and mixed employment uses are proposed to the west with this application. Allowed uses in the C-C district should be larger scale and broader mix of retail, office,and service uses. This area is proposed to develop with a mix of uses including a vertically integrated residential project and commercial/retail uses. The proposed M-E zoning is located at the southwest corner of the development and abuts Mixed Employment designated land to the west and I-84 to the south and will have access to a collector street as desired. Medium-high density residential uses are proposed to the north and high-density employment and commercial uses are proposed to the east with this application. Allowed uses in the M-E district consist of offices,medical centers,research and development facilities, and light industrial uses with ancillary support services. This area is intended to develop with flex uses of approximately 410,000 s.f.,which may include office,light industrial and other uses, with a such as distribution and light manufacturing. The proposed H-E zoning is located along the southeast portion of the site adjacent to 1-84, in close proximity to Ten Mile interchange, as desired. Mixed employment uses are proposed to the west and commercial uses to the north with this application; l-84 borders the site on the south. Allowed uses in the H-E district consist of corporate headquarters, office complexes,research and development facilities and complementary services such as conference centers and hospitality uses with limited retail. This area is intended for non-residential uses such as a corporate campus, business and professional office space,research and development, and limited retail and service uses(approximately 380,000 square feet). Proposed Use Analysis: A variety of uses are proposed including a multi-family development, a vertically integrated residential project,retail, office, flex space,light industrial,research and development, and other uses; see UDC Tables 11-2A-2 and 11-2B-2 for allowed uses in the applicable zoning districts. Compliance with the dimensional standards listed in UDC Table 11-2A-7 and 11-2B-3 is required, as applicable. The proposed zoning and uses are generally consistent with the associated FLUM designations as discussed above in Section IV. C. Preliminary Plat(PP): The proposed preliminary plat consists of 8 building lots &6 common lots on I I5.26-acres of land in the R-15, C-C,H-E and M-E zoning districts for Vanguard Village subdivision. The subdivision is proposed to develop in four(4) final plat phases as shown on the phasing plan in Section VI.C1. The multi-family development on the north end of the site zoned R-15 is proposed to develop first with the M-E second,the H-E third and the C-C zoned area last. The Applicant requests they are allowed to apply for building permits in the multi-family portion of the development prior to recordation of the final plat.The following condition is proposed,"Prior to applying for building permits,the following minimum items shall be completed: street signs are to be in place,the installation of sanitary sewer and water systems(with the water system being fully activated),a compacted road base capable of supporting an 80,000 lb.fire truck shall be approved by design engineer,with written Page 11 Item 6. 125 confirmation of such approval submitted to the Meridian Building Department." Staff is not in favor of allowing a Certificate of Zoning Compliance&Design Re applications to be submitted and building permits issued prior to recordation of the final plat as the necessary infrastructure for development,including roads, should be in place first and lots established for development. Therefore, Staff is not supportive of the request. The Applicant may submit a design review application(s)to finalize building design prior to recordation of the final plat. Existing Structures/Site Improvements: There are no existing structures remaining on this site. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the R- 15 zoning district in UDC Table 11-2A-7 and the C-C, M-E and H-E zoning districts in UDC Table 11-2B-3, as applicable. A minimum building setback of 10-feet is required in the multi- family portion of the development unless a greater setback is otherwise required,per UDC 11-4- 3-27B.1. Separation between buildings should comply with Building code. A reduced building setback from 20-to 14-feet is requested for the multi-family structures proposed along Sunset Point Way and Coral Reef. However, a recent code amendment(ZOA- 2021-0003) allows a reduction of the collector street setback to be granted for homes that front on a collector street when on-street and required off-street parking is provided(UDC Table 11-2A- 7);the required 20-foot landscape buffer easement is measured from back of curb and the dwelling setback shall not be less than 10-feet from the back of sidewalk along the collector street. Staff recommends the street sections for Sunset Point Way and Coral Reef are constructed consistent with Street Section D in the TMISAP(see pg.3-21),which requires 11-foot travel lanes,6-foot bike lanes,8-foot parallel parking,8-foot parkways and 6-foot wide detached sidewalks. The 20-foot wide street buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B-7C.2a.The building setback must be at least 10-feet from the back of sidewalk,which achieves the ultimate setback desired. This accomplishes the street-oriented design desired in urban environments for a more walkable neighborhood and creates a more consistent edge to the public space in accord with the TMISAP. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. The proposed subdivision appears to comply with these standards. Access(UDC 11-3A-3) Access is proposed to be provided from the northern boundary of the site from W. Franklin Rd. via S. Sunset Point Way and S. Baraya Way and from the east from S. Ten Mile Rd. via the extension of Vanguard Way. Coral Reef Way, Sunset Point Way,Umbria Hills and Vanguard Way are all designed as collector streets in accord with the Master Street Map and the Transportation System Map in the TMISAP. Stub streets are proposed to adjacent properties for future extension. Streets: Sunset Point Way and Coral Reef Way should be constructed in accord with Street Section D(residential collector street) in the TMISAP,which requires (2) 11-foot travel lanes, 6- foot bike lanes, 8-foot parallel parking, 8-foot parkways and minimum 6-foot wide detached sidewalks (see pg. 3-21 and 3-23). Streetlights should be placed in the dry utilities' corridor on either side of the street. The plat should be revised consistent with Street Section D. Vanguard Way and Umbria Hills should be constructed in accord with Street Section C (major collector street)in the TMISAP,which requires (2) 11-foot travel lanes, 6-foot bike lanes, 8-foot Page 12 Item 6. F126] parkways with streetlights at a pedestrian scale and minimum 6-foot wide detached sidewalks (see pg. 3-20, 3-22, 3-23). The Applicant proposes a modification of the street section with(3) 11-foot travel lanes, on-street parking between the Williams pipeline and the eastern boundary of the site, 8-foot wide parkways and 10-foot wide detached sidewalks/pathways in lieu of bike lanes,which is required by ACHD. Staff is supportive of this change. All streets should be constructed as complete streets as defined in the TMISAP(see pg. 3-19&3- 20). Pathways(UDC 11-3A-8): Ten(10) foot wide multi-use pathway are proposed on the site in accord with the Pathways Master Plan. One segment follows the Williams pipeline easement diagonally across this site; another segment runs along the southern boundary within the street buffer along I-84. The Park's Dept.has requested a pathway connection be provided between the Purdam Drain pathway and the pathway within the pipeline easement(see Section VIII.G). A 14-foot wide public use easement for all multi-use pathways shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s).If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. Sidewalks(UDC 11-3A-1 : The UDC requires minimum 5-foot wide sidewalks to be provided adjacent to all streets with detached sidewalks along collector streets and attached or detached sidewalks along local streets. However,the guidelines in the TMISAP for the collector street sections(i.e.C and D) depict 6-foot wide sidewalks,which should be provided within the development at a minimum. Sidewalks,walkways and pathways should include dedicated crosswalks at the intersection with all streets within commercial activity centers with changes in color,markings, materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP(see pg.3-28,Crosswalks). Pedestrian Circulation: A pedestrian circulation plan is included in Section VII.C.3 that depicts all sidewalks and pedestrian pathways planned throughout the site in accord with the TMISAP for mixed use areas. Parkways (UDC 11-3A-17): Parkways are recommended along all streets within the development in accord with the TMISAP, planted with street trees and landscaping per the standards in UDC 11-3B-7C. Landscaping(UDC 11-3B): Street buffers are required to be provided as set forth in UDC Table 11-2A-7.A minimum 10-foot wide street buffer is required along all local streets (i.e.Vantage Point Way,Vanguard Trail) in commercial districts. A 20-foot wide street buffer is required along all collector streets(i.e. Vanguard Way,Umbria Hills, Coral Reef Way and Sunset Point Way)—the buffer may be placed in an easement rather than a common lot in accord with UDC 11-313-7C.2a;the building setback must be at least 10-feet from the back of sidewalk in the R-15 district as set forth in UDC Table 11-2A-7. A minimum 50-foot wide street buffer is required along I-84, landscaped per the standards listed in UDC 11-3B-7C.3,which requires a variety of trees, shrubs,lawn or other vegetative groundcover(see updated code for specifics).A 20-foot wide street buffer,instead of a 10-foot wide buffer,is required along Umbria Hills, a collector street. One(1) additional tree should be added within the street buffer along Umbria Hills (east)per the minimum standard. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. Class II trees shall be provided in parkways in accord with UDC 11-3A-17E; Class III Page 13 Item 6. F127] trees may be considered if the parkways are widened to 10 feet—revise the landscape plan accordingly. Landscaping is required along all pathways per the standards in UDC 11-3B-12C.A 5' wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. If trees are not allowed within the pipeline easement, an additional 5-feet should be added to the common area outside of the easement to allow for trees; or, alternative compliance may be requested to the planting requirement. Mitigation is required for all existing trees 4"caliper or greater that are removed from the site in accord with the standards in UDC 11-3B-1OC.5. Mitigation calculations are depicted on the landscape plan in accord with UDC standards(i.e. 185 trees at 2.5 caliper inches each for a total of 462.5 caliper inches). The location of mitigation trees shall be depicted on a revised landscape plan submitted with the final plat application. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical Evaluation for the subdivision. Pressure Irrigation(UDC 11-3A-1�: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC 11-3A- : The Marvin Lateral runs along the west boundary of the site and the Purdam Drain crosses near the northeast corner of the site. If an easement for either of these waterways lies on this site, the easement(s) shall be clearly depicted on the plat.All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. Williams Pipeline: The Williams pipeline crosses this site diagonally within a 75-foot wide easement(Inst. #390283,#8018289,#8103052, and#8048122). Development within the easement should comply with the Williams Developers' Handbook. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7.No fencing is proposed on the landscape plan. D. Conditional Use Permit(CUP): A Conditional Use Permit is proposed for a multi-family development(i.e.Vanguard Crossing) consisting of 552 dwelling units with a mix of 3-story apartments and 2-story flats and townhome-style buildings ranging from 758 to 1,693 square feet(s.£) on 40.33-acres of land in the R-15 zoning district. A 9,368 square foot single-story clubhouse is proposed with amenities along with two(2) other amenity buildings. Nine(9) garden-style apartment buildings containing a total of 216 units and 51 flats and townhome-style buildings are proposed containing a total of 336 units with a mix of 1-,2-and 3- bedroom units. See site plan and associated exhibits in Section VII.D. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) Page 14 Item 6. 128 11-4-3-27: MULTI-FAMILY DEVELOPMENT: 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.As noted above in Section V.C, if the required street buffers along the collector streets are placed in easements rather than common lots, setbacks can be reduced to 10 feet measured from back of sidewalk with streets constructed per Street Section D in the TMISAP. 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 plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks,and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The floor plans all depict at least 80 sf. of private usable open space(i.e.patios or balconies)for each unit except for Buildings 3, 5 and 6— Unit C's—the Applicant states these units will all have 84 s.f patios on-grade. Floor plans for each unit should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site (see common open space exhibit in Section VII.D.5). 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. The Applicant should 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 proposed parking meets and exceeds UDC standards (see parking 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) Page 15 Item 6. ■ A leasing office, storage area, and a mail&parcel center are depicted on the clubhouse floor plan. The location of the directory and map of the development shall be noted on the site plan submitted with the Certificate of Zoning Compliance application. C. Common Open Space Design Requirements: 1. The total baseline land area of all qualified common open space shall equal or exceed ten (10)percent of the gross land area for multi-family developments of five (5)acres or more.Based 40.33 acres of land, a minimum of 4.03 acres of common open space should be provided.A total of 8.99 acres is proposed in accord with this standard. 2. All common open space shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. Open space areas that has been given priority in the development design have: (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards; and (4) Support a range of leisure and play activities and uses. Irregular shaped, disconnected or isolated open spaces shall not meet this standard. Although there are some irregular shaped areas, they are all directly accessible by pedestrians with high visibility; the majority of the areas are in compliance with these standards and the overall common open space is twice that required. b. Open space shall be accessible and well connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street.Proposed open space meets this standard. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering and relaxation to serve the development.Proposed open space meets this standard. 3. All multi-family projects over twenty(20)units shall provide at least one(1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway, are exempt from this standard. a. Minimum size of common grassy area shall be at least five thousand(5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints,it may be included elsewhere in the development. Several common grassy areas are proposed in accord with this standard, which Staff believes is proportionate for the proposed development. b. Alternative compliance is available for these standards, if a project has a unique targeted demographic;utilizes other place-making design elements in Old-Town or Page 16 Item 6. F130] mixed-use future land use designations with collectively integrated and shared open space areas.Alternative compliance is not needed; the project meets the required standards. 4. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.All units contain more than 500 square feet of living area. 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. 352 units contain between 500 and 1,200 square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. 104 units exceed 1,200 square feet of living area. A total of 151,000 s f. (or 3.47 acres) of outdoor common open space is required to be provided per this standard and a minimum of 4.03 acres is required to be provided per the standard listed above in 11-4-3-27C.]for a total of 7.5 acres overall.A total of 391,590 sf. (or 8.99 acres) is proposed in excess of the minimum requirement as shown on the exhibit in Section VII.D.S. 5. 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(20)feet.All of the common open space areas depicted on the open space exhibit in Section VII.F meet this requirement. 6. 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 develop in two phases; common open space is proposed in each phase in accord with UDC standards for the size and number of dwelling units. 7. 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(4)feet in height,with breaks in the berm or barrier to allow for pedestrian access. The common open space exhibit in Section MY includes common open space along collector streets; however, the minimum standards for open space are met internal to the development.A berm or a constructed barrier at least 4 feet in height with breaks in the berm or barrier to allow for pedestrian access should be provided within the collector street buffer along Vanguard Way. 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. Page 17 Item 6. 131 (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage. b. Open space: (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop. (4) Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two(2)separate categories. b. For multi-family development between twenty(20) and seventy-five(75)units,three (3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. Based on 552-units, a minimum of 4 amenities are required.Amenities are proposed as follows: a clubhouse with a swimming pool, hot tub and cabanas; an outdoor kitchen and dining area;fitness lounge, lawn games and firepit lounge;pickleball court; children's play area; dog parks; a smaller swimming pool,picnic shelter and fire pit lounge; art; pedestrian walkways; 10 foot wide sidewalks along the collector street(Vanguard); and an amenity area with a BBQ lounge (see Exhibit 6 in Section VI.D below). Amenities are provided from all of the required categories. Page 18 Item 6. F132] 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) 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(Y)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 submitted with the Certificate of Zoning Compliance application should depict landscaping on all street facing elevations in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section V.B. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C,which requires a minimum 5-foot wide landscape strip along each side of the pathway planted with a mix of trees,shrubs,lawn, and/or other vegetative ground cover; a minimum of one(1)tree per 100 linear feet of pathway is required. Parking lot landscaping is required to be provided per the standards listed in UDC 11-3B- 8C. Staff recommends a minimum of one(1)tree be provided for every 8,000 square feet of common open space. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6. Based on 222 1-bedroom units and 330 2-and 3-bedroom units, a minimum of 993 off-street spaces are required with 552 of those being in a covered carport or garage. Off-street parking is required for the clubhouse and amenity building as set forth in UDC 11-3C-6B.1 for non-residential uses; based on 9,368 s.f. for the clubhouse and 1,800 s.f. for each of the amenity buildings, a minimum of 26 spaces are required. Between the residential units, clubhouse and two amenity buildings, a minimum of 1,019 off- street parking spaces are required with 552 of those being in a covered carport or garage. A total of 1,054 off-street parking spaces are proposed with 665 of those being covered spaces(470 garages/195 carports)in excess of UDC standards. Based on 1,054 parking spaces proposed, a minimum of 42 bicycle parking spaces are required to be provided; a total of 48 spaces are proposed.Bicycle parking facilities should comply with the standards in UDC 11-3C-5C. Bike racks should be provided in central locations for each building and for the clubhouse. Page 19 Item 6. F133] The Applicant's narrative states an additional 94 off-site on-street parking spaces will be provided for guests,which totals 129 additional spaced beyond those required. However,ACHD is requesting some turn lanes be provided which will reduce this number. Private Streets: The Fire Dept. has requested private streets are provided for addressing purposes of the multi-family units. All private streets should comply with the standards listed in UDC 11- 3F-4. The Applicant shall submit a private street application concurrent with the final plat application. Fencing:No fencing is depicted on the landscape plan for this development. All fencing should comply with the standards listed in UDC 11-3A-7 if proposed. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual(ASM� TMISAP): Conceptual building elevations were submitted for the proposed apartment, flat and townhome- style multi-family and clubhouse buildings as shown in Section VII.D.7. Building materials consist of vertical and horizontal hardie plank siding in grey,green and wood colors with cedar posts and beams and asphalt shingles. Per the TMISAP for MHDR designated areas,the design of residential buildings should incorporate street-oriented and human-scale design and be located as close to the property line as possible to create a consistent edge to the public space and make streets more friendly and walkable. The closest the structures are allowed to be per UDC Table 11-2A-7 is 10-feet from the back of sidewalk as proposed in the cross-section below with the collector street buffer placed in an easement. FM TYPICAL CROSS SECTIONr, Structures should incorporate traditional neighborhood design.Front porches with parking behind the buildings are desired. Streetscapes with landscaped parkways with trees between curbs and sidewalks,street furniture and view corridors are key. Primary facades should include an entry into the building; entries should be located so as to provide direct access from adjacent public spaces, streets and activity areas as proposed.Where primary facades face a designated public space and another faces a parking area designed to serve that structure such as proposed,both facades should be designed and detailed as primary facades and both should have prominent usable entries. The space between a building fagade and the adjacent sidewalk should be landscaped with a combination of lawns,groundcover,shrubs and trees.Mostly attached low-rise buildings of 1- 3 stories are recommended as proposed. Buildings should be designed with elear-y delineate bases,bodies a-ad tops (see pg. 3 39). Landseaped buffers should be provided between the proposed development and the existing single family development to the nor- . Ground floor elevations should be 18 to 24 inches above sidewalk grade with individual units opening directly onto adjacent rights-of-way Page 20 Item 6. F134] with stoop frontage.Pitched roofs should be symmetrical hips or gables with a pitch between 4:12 and 12:12 and have an overhang of at least 12 inches. Public art in a high quality of design should also be provided in shared spaces and incorporated into the design of streetscapes. The proposed conceptual elevations are not approved.Final design must comply with the design standards in the Architectural Standards Manual(ASM) and the design guidelines in the TMISAP for the MHDR designation(see the matrix for Application of the Design Elements on pg.3-49).A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. VI. DECISION A. Staff: Staff recommends approval of the requested DA modification,rezone,preliminary plat and conditional use permit per the provisions noted in Section VIII,per the Findings in Section IX. VII. EXHIBITS A. Development Agreement(DA) Modification 1. Existing DA provisions(Planning Dept. only): 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.I. Developer/Owner shall develop the Property in accordance with conditions identified in Exhibit B of the staff report for the hearing date of December 8, 2009,which Exhibit B of the staff report is a portion of Exhibit B attached to this Agreement. EXHIBIT B: AGENCY& DEPARTMENT COMMENTS On September 24, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks Department, and Sanitary Service Company. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The legal description and exhibit map for the area contained in the proposed annexation submitted with the application (stamped on August 26, 2009, by Michael Marks, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit Q. 1.2 A Development Agreement(DA)will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office within one year of Council approval to initiate this process. Currently, a fee of$303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: Page 21 Item 6. F135] a. An encroachment permit is required for any improvements proposed within the pipeline easement.A copy of the executed encroachment agreement shall be submitted to the City prior to issuance of any Certificate of Zoning Compliance for this site. Uses such as daycares, schools,hospitals,assisted living facilities, etc. where occupants are not able to leave the area quickly in case of an emergency, are discouraged in the vicinity of the pipeline. b. Street buffer landscaping, internal parking lot landscaping, landscape buffers to adjoining residential uses, and mitigation for existing trees 4-inch caliper and larger that are removed from the site,will be required with development of this site and shall be installed in accordance with City of Meridian ordinances in effect at the time of development. c. Development of this site shall be consistent with the concept site plan shown in Exhibit A.2 and the concept pictures shown in Exhibit A.3. Further,future development shall be consistent with the vision of the Ten Mile Specific Area Plan, the Design Manual, and City of Meridian ordinances in effect at the time of development. d. Development in the R-40 district shall be consistent with the overall density and development standards contained in the Ten Mile Interchange Specific Area Plan for Medium High Density Residential(MHDR)designated areas. e. Development in the C-C district shall be consistent with the development standards contained in the Ten Mile Interchange Specific Area Plan for Mixed Use Commercial (MUC) designated areas. Uses within the C-C district shall be comprised of a mix of uses(i.e. office,retail,recreational, employment, and other uses,including residential uses) as defined in the Ten Mile Interchange Specific Area Plan. £ A 10-foot wide segment(s)of the City's multi-use regional pathway system shall be constructed on the site in accordance with the Master Pathways Plan in the general locations noted on the plan included in Exhibit A.4; exact location of the pathways shall be determined by the Planning Department and Parks Department at the time of development. Said pathway shall be primarily located within the pipeline easement and provide connectivity to the planned pathway in Baraya Subdivision at the northwest corner of the site. Pathway stubs shall be provided at the west boundary further to the south and to the east boundary on the north end of the site for connectivity with future segments of the pathway. g. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all future uses on the site to ensure compliance with the Unified Development Code, Ten Mile Interchange Specific Area Plan, Comprehensive Plan,Design Manual, and provisions of the development agreement contained herein,prior to issuance of building permits for any structure(s)within this site. Link to complete Development Agreement(Inst. #110115738): https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=76898&dbid=0&repo=Meridian OU Page 22 Item 6. F136] 2. Existing Approved Conceptual Development Plan & Elevations: PARCEL R-k PARCEL O-6 PARCEL M-6 � ... _w PARCEL M-1 PARCLLO.1 -k""T,;,`--' .x"-`� PARCEL M-7 PARCEL 0.2 PALM-2&�M�_ ... ... ... m«i. PARCEL 0-3 _ — PARK RESTAURANTA P_A_RCEL O� .s PARCEL MA a� PARK RESTAURANT6 �� r .j5 � L— ��� �+' PARK RESTAURANTC PARCEL 0-5 , PARCEL M-5 PARK RESTAURANT 0 YY PA_RCEL O£ � — --- -- � BOUTIQUE RETAIL - PARCEL 0-7 e _ 41 I x �x. i� R � n5 1 A�" ' p Page 23 DmE F137] & Proposed Conceptual Development Plan !< � � � �� | ■ ■ � JA � 2 � ■ @-A _ , ■ f- ■ � •% %} r% �\�� � ■• e @ .V%k to •WO*I%% %. . , . m% e■�■, ■.,$ - -® �.@•,■� �� .. �f �a■ 1.94 Page 24 4. Proposed 1 1 Building 1s/Design - T Examples 1 Use Commercial/Retail1 Jur 16 Z,"INO t r � PRODUCT CONCEPT STUDY Examplesof Vertically Integrated Residential Design •g_ 25 Item 6. 139 I` i M-E PRODUCT CONCEPT STUDY Examples of Mixed Employment Design r. 00 00 . �• tI p� I � �. .zs L ;� � it�• j� - ."': Yam RWIF -7 Oil . i.= ot WE PRODUCT CONCEPT STUDY Examples of High Density E[nploymcnt Design Page 26 Item 6. F140] B. Rezone—Legal Descriptions & Exhibit Maps : '�,T JE 5 d � 0 y t Y� P o f I 9 �I ii UD w� a H a o s N, Z o„E u u O nEM rv, v �� o '�� N 4 -- _ j 7 ®Z�MG EYHIBIT y7 � Page 27 Item 6. 141 EaT-O ENGINEERS Project No: 1905aO {late.December 15,2021 Page 1 of 1 MERIDIAN 118 H-E ZONING A parcel of land located in portions of the NE1/4 of the SW1/4,and the NW114 of the SE114,of Section 15,Township 3 North, Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the Center East 1/16 Corner of said Section,from which the Center 1/4 Corner of said Section bears N.69°14'39"W., 1321.43 feet;thence along the east boundary of said NW1/4 of the SE114, A) S.00°33'33"W.,419.50 feet;thence, B) S.681120'35"W.,422.37 feet;thence, C) 5.06°13'49"W.,104.18 feet to the POINT OF BEGINNING,thence continuing, 1) 5.06013'49°W.,46.04 feet to the beginning of a tangent curve;thence, 2) Southwesterly along said curve to the right,having a radius of 125.D0 feet,an arc length of 96.48 feet,through a central angle of 44°13'28"and a long chard which bears 5.28120'33"W., 94A1 feet;thence tangent from said curve, 3) S.50°2717"W.,698.92 feet;thence, 4) N.39°32'45"W., 589.58 feet;thence, 5) N.66°0605"E.,97.09 feet to the beginning of a tangent curve;thence, 6) Northeasterly along said curve to the right,having a radius of 1000.D0 feet,an arc length of 430.30 feet,through a central angle of 24139'16"and a long chord which bears N.78'25'43"E.,426.99 feet;thence tangent from said curve, 7) 5.89°14'39"E„456.97 feet to the POINT OF BEGINNING, CONTAINING:7.06 acres,more or less. 'Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738,Official Records of Ada County, Idaho. P� 13765 OF 1�F 332 N.Broadmore Way Nampa.ID8369�I P:208.442.6300.to•engineers_tom MJR�,� Page 28 Item 6. F142] ©2024 T-O ENG1`IEERS.THIS INSTRWENT LS THE PROPERLY OF T-0 ENGINEERS.ANY REPRODUCTION,REUSE OR%WIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC ViRTTEN PERMISS ION OF T-O ENGINEERS IS STRICTLY PROHISITE I EXHIBIT SKETCH- H-E ZONING LOCATED IN PORTIONS OF THE NEI 4 OF THE SWI/4 AND THE NVV114 OF THESE 1/4 OF SECTION 15,TOWNSHIP 3 NORTH,RANGE 1 WEST BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2Q2t LINE TABLE CW1116 N89'14'51"W C114 BASIS OF BEARINGS .�_ N89'14'39"W 1321.43' CE1116 LINE BEARING DISTANCE 1322-76' _ -- 0 L1 SO6'13'49"W 104.18' m a L2 S06'13'49"W 4-6.04' 3 (C-Q L3 N66'06'05"E 97.09' n I� I rry Id a LEGEND POINT OF S88.2b'35"W 422.37' BEGINNING _ NEW ZONE BOUNDARY \ C2 _ o- S89'14'39"E r 455.97' � -- - EX15T1NG ZONE BOUNDARY V3 G I a RECORD ANGLE POINT �`SECTION LINE 51215427850 y� H-E (GC] EYISITING ZONING \ 7.06 Ac. /oyL S1215427850 ASSESSOR'S PARCEL No. (N E) �5�� !1116 (N NOTES 1. ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON RECORD ZONING DESCRIPTIONS INCLUDED IN THE DEVELOPMENT AGREEMENT RECORDED AS INSTRUMENT No.110115738, +Vzr+tsTnTl OFFICIAL RECORDS OF ADA COUNTY, IDAHO. - - 2. THE PARCEL SHOWN WILL BE REZONED FROM U 150, 300, 600, C-C TO H-E, IIti. LA p SCALE',1"W 300' �S CURVE TABLE �- o CURVE RADIUS LENGTH DELTA BEARING CHORD' 4 13765 A anT-O E N G 1 N E E R S s 1 y�lGr/z( Cl 125.00' 96.48' 44'33'28" S28'20'33'W 94.11 2 332 N.BROADMORE WAY C2 1000.00' 430.30' 24'39'16" N78'25'43"E 426.99' f OF A NAMPA,IDAHO83687 BO'MA PHONE:(20B)44Z-6300 WWW.TD-ENGINEERS.COM [-FILE:190580-VxB ZONING H-E DATE.1211512021 JOB:*35N Page 29 Item 6. F143] T 0 EIMGMEERS Project No: 1905W {date: December 15,2021 Page 1 of 2 MERIDIAN 110 M-E ZONING A parcel of land located in portions of the NE114 of the SW1/4 and the NW114 of the SE1/4,of Section 15,Township 3 North,Range 1 West.Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the Center 1/4 Corner of said Section 15,from which the Center East 1116 Corner of said Section bears S.89°14'39"E.,a distance of 1321.43 feet;thence,along the north line of said NE114 of the SWIM, A) N.89014'51°W.,291.63 feet to the POINT OF BEGINNING.;thence, 1) 5.39"31'08"E.,747.95 feet to the beginning of non-tangent curve;thence, 2) Southwesterly along said curve to the left,having a radius of 1000.00 feet,an arc length of 185.66 feet,through a central angle of 10°38'16"and a long chord which bears S.71°25'13"W., 185.40 feet;thence tangent from said curve, 3) 5.66°06 05"W.,231.67 feet to the beginning of a non-tangent curve;thence, 4) Southwesterly along said curve to the right,having a radius of 750.00 feet,an arc length of 322.73 feet,through a central angle of 24°39'16"and a long chord which bears 5.78°2543°IN, 320.24 feet;thence tangent from said curve, 5) N.89"14'39"W.,51.86 feet;thence, 6) S-00°45'21"W.,393.63 feet to the north right-of-way of interstate Highway 84; thence along said right-of-way, 7) N.81-24'57"IN.,352.28 feet;thence, 9) N.85023'09"W.,21.65 feet,thence depaf Ling said north right-of-way, 9) N.09"28'05"E.,86.37 feet to the beginning of a tangent curve,thence, 10)Northeasterly along said curve to the right,having a radius of 150.00 feet,an arc length of 107.30 feet,through a central angle of 40059'02"and a long chord which bears N.29157'36"E., 105.02 feet;thence tangent from said curve, 1 332 N.Broadmore Way'Nampa-I0 83687 R 208442 6300 to-engineefs.rom Page 30 Item 6. F144] an T-O ENGINEERS Project No:190580 Date: December 15,2021 Page 2 of 2 11)N.50°27'07"E.. 357.09 feet;thence, 12)N.3903245"W.,918.69 feet to beginning of a tangent curve;thence, 13)Northwesterly along said curve to the right,having a radius of 150.00 feet,an arc length of 39.04 feet,through a central angle of 14°54'48"and a long chord which bears N.32°05'21"W., 38.93 feet to the north boundary of said NE114 of the SW114,from which point the Center West 1116 Corner of said Section bears N.891114'51"W.,a distance of 115A6 feet;thence, 141 5.89°1451"E.,915.97 feet to the POINT OF BEGINNING. CONTAINING.17,38 acres,more or less. 'Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as instrument No. 110115738,Official Records of Ada County,Idaho. N rr- 13765 �r OF I'D MA�ti 2 332 N_Broadmam Way Nampa,M 81687 R 208.442.63CKQ to eng�rwersxom Page 31 Item 6. 145 ©Z021 T-O ENGINEERS.THIS INSTRUMENT IS TI-E PROPERTY OF T-O ENGINEERS.AKY REPRODUCTION,REUSE OR VOOIFICAPON OF Tn151NSTROMENT OR ITS CONTENTS'MTHOUT SPECIFIC WRITTEN PERMISSION OF T-O ENGINEERS IS STRICTLY PRCHIBITEI EXHIBIT SKETCH-WE ZONING LOCATED IN PORTIONS OF THE NEL4 OF THE SW V4 AND THE NW11L OF THE SE1/4 OF SECTION 15.TOWNSHIP 3 NORTH,RANGE 1 WEST BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2021 CW1116 L5 _ 589'14'51"E 915.97' N89'14'51"W C1I4 BASIS OF BEARINGS -�--- - - __ S89'14'39"E 1321.43' CE1116 POINT OF_/,"V 291.63' --- --- ----�fl BEGINNING S \` (C-C) Q' 150' 300' 600' S1215427850 M-B \ SCALE:1—300' 17.38 AG. {c-c) LEGEND A NEW ZONE BOUNDARY EXISTING ZONE BOUNDARY r 13765 ' ���:a --- SECTION LINE s�/L�j`�Z(�o �yOQ o RECORD ANGLE POINT lF-! OF �� �� I {N!-E) EXISITING ZONING 00 0'MAI��` Mlo ( E) 51215427850 ASSESSOR'S PARCEL No. P o 1 I u) L -352 78`- NOTES N8r�457»W 1�1r.Ei5itiLN4 1. ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON RECORD ZONING DESCRIPTIONS INCLUDED IN THE DEVELOPMENT AGREEMENT LINE TABJ86' CURVE TABLE RECORDED AS INSTRUMENT No.110115738, OFFICIAL RECORDS OF ADA COUNTY, IDAHO, LINE BEARING CURVE RADIUS LENGTH DELTA BEARING CHORD 2. THE PARCEL SHOWN WILL 5L REZONED FROM L3 S66'06'05"W C1 1000.00' 185.66' 10'38'16" S71'25'13"W 185.40' C-C AND H-E TO M-E. L2 N89'14'39"W C2 750.00' 322.73' 2439'16" S78'25'43"W 320.24' L3 N85'23'09"W C3 150.00' 107.30' 40'59'02" N29'57'36"E 105.02' T-© ENG1NEERS L4 N0928'05"E C4 150.00' 39.04' 14'54'48" N32'05'21"W 38.93' 332 N.BROADMORE WAY NAMPA,IDAHO 83687 L5 N89-14'51"W PHONE:11209)442.6300 WWW.TO-ENGINEERS.COM E-FILE.19M-VAE,ZONING -E DATE.1?J 5i2021 J067 1905N Page 32 Item 6. F146] T-D EIVCy11VEER5 Project No: 190580 Date: December 15,2021 Page 1 of 1 MERIDIAN 118 R-15 ZONING A parcel of land being all of the SE114 of the NW1/4,of Section 15,Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: BEGINNING at the Center 1/4 Corner of said Section 15,from which the Center Fast 1116 corner of said Section bears S.89°14'39"E.,a distance of 1321.43 feet;thence along the south boundary of said SE1/4 of the NW114, 1) N.89°14'51"W. 1322.76 feet to the Center West 1/16 Corner of said Section;thence along the west boundary of said 5E114 of the NW114, 2) N.00°39'49"E. 1328.76 feet to Northwest 1116 Corner of said Section,thence along the north boundary of said SE114 of the NW114, 3) S.890'15'14"E. 1321.52 feet to the Center North 1116 Corner of said Section,thence along the east boundary of said SE114 of the NW1/4, 4; S.OT36'37"W.132&91 feet to the POINT OF BEGINNING. CONTAINING:40.33 acres„more or less. 'Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No.110115738,Official Records of Ada County, Idaho. a 1765 �a �TFQFIV ¢'MA1. 1 33?N,Binanmere Way Nampa.0$3687 P.208.442.6300 i ta-engirwe",enm Page 33 Item 6. F147] ©2021 T-OENGINEERS.TH€S INSTRUMENTIS THE PROPERTY OF 7-0 ENGINEERS,ANY REPRODUC11014,REUSE OR NIGOFICAIION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC}VRITTEN PERMISSION OF 7-0 ENGINEERS IS STRICTI-Y PRONEITE! EXHIBIT SKETCH-R-15 ZONING ALL OF THE SE114 OF THE NW114 OF SECTION 15.TOWNSHIP 3 NORTH,RANGE 1 WEST BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2021 NW1116 S89'15'14"E 1321.52' CNN16 LEGEND NEW ZONE BOUNDARY r r I - - EXISTING ZONE BOUNDARY ISECTION LINE r I o RECORD ANGLE POINT I I (R-40) I (M-E) CALCULATED POINT S1215244200 ASSESSOR'S PARCEL No. �I � I- I I c6 S1215244200 : +N I,I Ip-15 I M NOTES ml 40.33 Ac. +rl I n M 1. ALL. BEARINGS AND DISTANCES SHOWN ARE 'oM I r BASED ON RECORD ZONING DESCRIPTIONS ZI (M-E) Io INCLUDED IN THE DEVELOPMENT AGREEMENT I RECORDED AS INSTRUMENT No.1 1 011 573 8, I OFFICIAL RECORDS OF ADA COUNTY, IDAHO. 2. THE PARCEL SHOWN WILL BE REZONED FROM R-40, M-E, AND C-C TO R-15. (C-q I h�h r CW1116 N89'14'51"W 1322.76 Gva S&9'14'39"E 1321.43' CE1116 A p}kl�L A N . NS 9 fi AL 13765 p 0 T-O ENGINEERS 0' 150' 300' 600' a, I? /Z Q. T ' 332 N.BROADMORE WAY SCALE:1"=3OC' 'lF OF ��! NAMPA,IDAHO 83687 ��8o'mA� PHONE:�208)442-6300 WWW.TO-ENGINEERS.COM E.FILE 1MW-V-X8 ZONING R-15 DATE.lV02021 JOB,1WMO Page 34 Item 6. F148] T-O EhAGINEERS Project No:190580 Date: December 16,2021 Page 1 of 1 MERIDIAN 118 C-C ZONING A parcel of land located in a portion of the NWI/4 of the SE114 of Section 15.Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho,being more particularly described as follows. BEGINNING at The Center East 1116 Corner of said Section 15,from which the Center 114 Corner of said Section bears N.89°14'39"K, 1321.43 feet;thence,along the east boundary of said NWI/4 of the S EV4, A) S.00`33'33W,419.50 feet to the POINT OF BEGINNING;thence continuing along said east boundary, 1) S,OY33'33"W., 121.49 feet;thence leaving said east boundary, 2) N.89`14'39"W.,432.35 feet;thence, 3) N.06°13`49"E.,104.18 feet;thence, 4) N.88°20'35"E.,422.37 feet to the POINT OF BEGINNING. CONTAINING: 1.10 acres,more or less. 'Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738,Official Records of Ada County, Idaho. _ r r•` J 4 EHS CIA 13765 4r OF AS 0,MAt-� 1 382 dd.5roadmore Way Nampa.1D 83687.P•208.442.63W;tQ engineers.corn Page 35 Item 6. F149] ©2021 7-0 ENGINEERS.THIS INSTRUMENT IS TFE PROPERTY OF T-0ENGINEER6,ANY REPRODUCTION,REUSE ORMODIFICA1i0N OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERM{SSION OF T-0 ENGINEERS IS STRICTLY PROHIBITEI EXHIBIT SKETCH-C-C ZONING LOCATED IN A PORTION OF THE NW114 OF THE SE114OF SECTION 15.TOWNSHIP 3 NORTH,RANGE 1 WEST BOISE MERIDIAN,CITY OF MERIDIAN ADA COUNTY,IDAHO 2a21 Cw1l16 y N89'14'51"W 1322.78'J� C114 _ BASIS OF BEARINGS --- L-- --- _--_ o --- N BASIS 4'39"W 1321.4 CE3116 p ul LINE TABLE LINE BEARING DISTANCE rC-C} I M L1 SOO'33'33"W 121.49' L2 N06'13'49"E 1D4.18' 0' [50• 30a• 6G0• POINT OF E t'=3O0' BEGINNING scn _N88-20'35"E 422.37'Y S1215427850 LEGEND J 10c J (C-C) 1 iO AG. -- NEW ZONE BOUNDARY N89-14'39-W 432.35' EXISTING ZONE BOUNDARY --- SECTION LINE I � RECORD ANGLE POINT I (H-E} EEXISITING ZONING S1215427B50 ASSESSOR'S PARCEL No. NOTES p EN 1. ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON RECORD ZONING DESCRIPTIONS o INCLUDED IN THE DEVELOPMENT AGREEMENT 13765 am T-O ENGINEERS RECORDED AS INSTRUMENT No.11 011 57 38, OFFICIAL RECORDS OF ADA COUNTY, tDAHO. Z/I(0/21�c fpF �o! 332 N.BROADMORE WAY 2, THE PARCEL SHOWN WILL BE REZONED FROM �0 OF �y NAMPA.IDAHO 83687 H-E TO C-C. PHONE:(208)442-63DO W WW.TO-ENGINEERS.COM ETILE,19)580-V-80 ZONIi DATE:IV1=1 JOB-IMD Page 36 Item 6. F-15o] C. Preliminary Plat 1. Preliminary Plat&Phasing Plan(date: 11/17/2021) I VAFJCVARo ILLAGE 3V6gIVISIOH ,rpemw cnoxu , g( i Q e F 1b 14 � O I Mwl � �Fi I�Pot&�-4� 4-A'-wht10rav ••• P Q U LU - r �ro nwc c fyll - e mac. E 7 co 0 ID I � ,♦ I I Eli I ® II E I I A -- Page 37 Item 6. 1 11 WA -- ` , oI z S \ I __-__--_ \ \ F - \ ` ` asesE�da C12 ® O sEFs�.Eras � U "b¢GWJ`c gill N � � I If w J ogOZO __ � Y ❑ W ------s-I - C1.3 Page 38 Item 6. Fl 52 i i ® O �56 n U 01 i 7 o ___--------,;I � .�...rw, ----------------- ----------------- I I pl i J I -- a, 5 vO LU - ❑ W � (70 -------- z r Ir � h —--I i irvrexsrnrEee 4i__�__�_rv®w•eis+a --�--�-4�� seoa�-_a __ 0 C1.4 p ass z o� MINE 0 z i rc u � v i .J og � J h d > w � z5 � < w wZ0 SUNSETT�W anO C2.3 Page 39 Item 6. F153] I IS �0., s 4 v W � z = C2A Updated: MAI TYPICAL CRO55TYPICAL woo, Page 40 Item 6. Fl 54 UI I I > uq---------------------------- PH0.4E3 4 I H H o € ❑ M S I Page 41 Item 6. F155] 2. Landscape Plan (date: 2/13/2022) `[' � I e- �1 i'��• m p� VF�.GUARD WAY a^w 9 0 SHEET INDEX O a eox�arvn,ox,v.�e,u.aaoouer unrvuer _,.... �,.., L1.00 uNoscwEr.,�wuncNs uNosc.wE cucuuncNs '� v tea, E' N 3 KENT � t s Z -4, 6 z /�1�.,mcwEcxann�s roo«a�xE E,o�r s �zoD Page 42 - Item 6. 156 i GROUND MATERIAL SCHEDULE �eq - L6.13 L6.14 � u J jhI SYMBOL SCHEDULE \ V Q F � 66.075 z L6.06 ' L6.03 _ [ _ g w z L6.02 0 L6A8 ' g > z L6.07 Q FNff j +: a 7 r�C'li'i I > C7 �C4NHIFH Wkl'� ¢ Z w f _ L6.00 Link to complete plan set: https:llweblink.meridiancit E.orglWebLinkIDocView.aspx?id=252515&dbid=0&repo=MeridianCitE Page 43 Item 6. 157 3. Circulation P1an0 NV GRGRATION 9CHEDU. e.6 Q I I z u �o m g a Ufa® z 0 5aIx o�bp HHIeiH� s O NNH p OIIHIIIDIFlIIIO OdH H H.HkHHI% v HH N�41N HWNNO u Ih� ¢ z QiHHOHryI��d c � 0 o to lo_ K > uj mHNHO HHHO ; zi I&WtmHHIHIIQ �m:- a ®MATERW_S N!�SRE CIRCULATIQN PL0.N - L5.0 Page 44 Item 6. Fl-581 D. Conditional Use Permit 1. Site Plan (dated: 10/6/21) MOU Oc All : • o� —M.innin urlE� "..e — w. ��aoi.ow.� Y o o a 41r Lu � � W zi -------- it _ Q z Q m �I Page 45 Item 6. F159] 2. Phasing Plan THE VANGUARD CROSSING Pu;iNGIEGfND �' LDKMERIDIAN, IDAHO E1 = A E2 Ll - i r 9111LgNG IYPf Lf AJG• - 0" -GAPMAPAVMEN15 91OTAl II CLIA HOiJSE -CLV9HO�SE 1TOTAL MIE -An1BYOU LUDNG 2TOT&a THA3 -1OWN HOME WIRING 93 18 TOTAL RI RI -TOWN HOME RUIMING 04 11 TOTAL RIBS -TCA4NHOMEPIIIUDINGN5 19 TOTAL rHR6 -1pwN HOME OUILGING•6 OS TOTAL THA] -IOWNHOMEBIIIMINGN] 01TOTAL PROJECT DATA FOR VANGUARD CROSSING BUILDINGS AND UNIT TYPES UNIT SQUARE FOOTAGE PRIVATE OPEN SPACE GARDEN APARTMENTS TH-BUILDING#3 114 BUILDING N4 TH-BUILDING#S TH-BUILDING 06 TH-BUILDING N7 TOTAL TOTAL#OF BUILDINGS OVERALL 9 18 11 13 5 4 60 TOTAL #OF UNITS PER BUILDING 24 6 B 8 4 4 552 PHASE I-11 OF 81111DINGS 9 12 6 13 4 ❑ 44 UNIT TYPE-I BED-FLAT 7585E 805G 12 O 0 0 0 ❑ 108 UNR TYPE-2 RED FLAT SG555F 805E 12 ❑ 0 0 0 ❑ 108 UNIT TYPE IT FIAT 86S IF 845F 0 2 2 2 0 2 62 UNITTYPE-BUNK-THFIAT 11985E 915F ❑ 2 2 2 0 2 62 UNIT TYPE-C U NIT_ TH 2 STORY 16935E 945F 0 2 0 4 4 ❑ 92 UNIT TYPE-D UNIT-TH FLAT 8505F Lo25F 0 0 2 0 0 ❑ 12 UNFTTYPE-E UNIT FIAT 13455F 9115F 0 0 2 0 0 ❑ 12 dues noI ildrde Pomges CLUBHOUSE-1 STORY 913685F (1)AMENITY BUILDING-1 STORY 1800SF TOTAL 459 PHASE II-#OF BUILDINGS 0 6 5 0 1 4 16 UNR TYPE-A UNIT-TH FLAT 8695F 14SF ❑ 2 2 2 0 2 30 UNITTYPE-BUNIT-TH FIAT 1198SF 915E 0 2 2 2 0 2 30 UNIT TYPE-C UNR-TH 2 STORY 16935E 845F 0 2 0 4 4 ❑ 16 UNIT TYPE-D UNR-TH FLAT 85OSF 1025F 0 0 2 0 0 ❑ 10 UNRTYPE-E UNIT TH FLAT 1341 SF 915F ❑ 0 2 0 0 O 10 d--1 ixrtde parq s (1)AMENITY BUILDING-15TORY 180OSF TOTAL 96 •au aaaAFrrovn are�sraer 'A11 MLA4 TOWN HOAleSAAEl SEORV `l LOK TW WMED M&1= Page 46 Item 6. 160 3. Parking Calculations Parking non- Parking non- :total non- total Total Units lhed 1.S,du nit covered coveretl : 2-3 hed 2junit coveretl covered :coveretl coveretl Garden Style 24 12 18 6 12 12 24 12 L2 18 24 b-w- s �. 6 ... ..2. .. 3 .. 1 ..2. .. .. .. 4. .. 8 4 .. .. 4.... 5 6 ... .. .. ...I . bui mg4 ■. 8 ■ ...... ....4 6 2 4 4 8 4 .. 4... 6 B ... .. .. ... I ... .. ... ... bwldmg5 B 2 3 - 1 2 6 12 6 '.. 6 7 8 bwltling6 _4 ■ _ ....0 0 0 0 4 84 __. 4 _.4 4 ......... ..I.:::::: ..... ......... building? 2 3 1 2 2 4 2 2 3 4 Required Required Required Provided ovided Provided Pr AOA bike Required Required ProvidedF-ry.—ts PHASE L buildingtype No_of hldgs Tvtal UnitsGuest AOA Hike non- ded ProvidedNon-Covered Covered Garages Covered Parking Stalls Parking covered stalls Parking ... .. ... d ... .... .......... Garden 9 216 162 fi 3 12 72 D 4. ...6 48 ....3fi .... a ...... ^, ...._5.. 13 109 91 6 4 lfi .... ...................................... ..... 362 d ...' .. .......................... .................... ..... ...... TOTAL PHASE 365 456 45.6 17 313 557 18 40 Phase over Required Required Required Provided Provided Provided Required Required Provided Provided Provided PHASE building type Nv_vf hldgs Total Units Guest AOA Bike non- AOA Bike Nor-Covered Covered Garages Carports Covered Parking Stalls Parking covered stalls Parking ................................................................................................................................................................................................................................... .................. 3 6 36 30 36 ......................................:....................................................................:...............................................................:.............................:........................... .................. 4 5 40 30 40 .................................................................................................................................................;................................................................................. .................. 6 1 4 4 4 .... ...... .......... ... ... .... ... ... 7 4 16 12 16 .... ...... .... .... .... I ... TOTAL PHASE 2 76 96 9b 3 7... 76 LOB •.... 4 .....8 . Phase 2 Page 47 Item 6. ■ 4. Landscape Plan (dated: November 2021) SECTION 05 TREE SPECIES MIX TREES LINEAL FEET OFSTREET FRONTAGEEQ 5,496 SorosEoi TREE MITIGATION ALL EXISTING TREES REMOVED TO RE MITIGATED AT 1:1 RATIO NO EXISTING TREES ON SITE FOR REQUIRING MITIGATION PROPOSED TREE SPECIES MIX CONIFERIu9 TA— CLASS I-557 Treea II AMELIN HIERXGRAND=%QRA AUTUMNBRILLIANCE 75e CLASS II-162 Tree. I. CLASS Illu 157 Trees GRODONDRONTUUN ERA40% PROPOSED TREE KEY Q CONIFER CLA5511 •CLASSIII O p®p VANGUARD VILLAGE.I Meridian,ID I Condidoeal Use Permit I July 2021 GGLO l3 SECTION 05 TREE SPECIES MIX&ADDITIONAL DETAILS CLASS I CLASS II CLASS III COWERS `11�..✓ V. c 1% Amelinchierxgrand itbra"AYtUmn Brlllianca' Setula nigra'Heritage Gymnoclad.Sdioic PinuafleAHR Sr i-th.11y ✓Yves Birch Kentucky Coffee Tree U.N.,Pine Height:15-25' Height:35-50' Helghr.50-60' Height:4060' Spread:15-25' Spread:30-40' Spread:35-45' Spread:25-40' Water:Medium Water:Medium Water:MINI— Water.Medium MaiMenana:Low Maintenance:Law Maintenance:tow Maintenance:Low lik Ace IRDUm Lidodendranlulipifcra Red Maple T.IIp Tree Height:35-45' Height:50-80' Spread:25-35' Spread:35.45' Water:Medium Water:Medium Maintenance:Low Maintenance:Law VANGUARD YIUAGE.I Meridian,0 1 Corditiwul Use Permd I July M21 GGLO I-T Page 48 Item 6. F162] SECTION 07 PLANTING ZONES aas�oEnt.r oRAssr ueeANDs uxsnlNE saeua... FORESTED MOUNTAIN ■ ALRALIN€SNRURLANOS ' ■ GRASSY UPLANDS lTREASURE VALLEY 9 NOTE Build ag elevations shown on Nese sections are for ®® reference only and are not in—le.Please see archit;Lmm I ecture section for proposed huilding plans,elevations and sections. I I I SECTION X 'GAS FAS ENT ALEALINE5HRUBLANDS GRASSY UPLAND5 RESIDENTIAL _... p I I I I I I I I I I I SECTIONX i I I � I I I I I . GAS Ers€M€Nr I I I I I x RESIDE—A, ALRAIINF FNFVFLAHM FORESTED MOU NTAIN r�;S s[{ I I I SECTIONX I I I I G0.5 EASEMENT ' VANGUARD VILLAGE.I Meridian,ID Conditional Use Permit July 2021 GGLO L-ID Page 49 Item 6. 163 5. Qualified Open Space SECTION 03 1 OPEN SPACE DIAGRAM I I I I I PHASE 1 1 _ •91 r I L---J 1 I O• WAY I I PHASE 2 1 FC I I QUALIFIED OPEN SPACE I I I 1 I _ 1 I f J 1 QUALIFIED OPEN SPACE CALCULATION _ L I MIN.AREA-400 SF, MIN.DIMENSION=20 FT.IPER UDC 11-4-3-2]C) 1 J F ^T - TOTAL SITE AREA 1]26,B]3 IF I I I .�� �.-•. R I_ I � rr �1 PHASEI UNITS BETWEEN 500 SF&12DO SF 352 UNITS(S 250 IF REQ.OPEN S PACE)-BB,000SF I I I — + UNITS GREATER THAN 12005F: 104 UNITS)%350SF RED-OPEN SPACE)-36 400SF TOTAL REF.OPEN SPACE=124,4005E TOTAL OPEN SPACE PROVIDED=3,41,5]6 IF I 1 PHASE2 UNIT56ETW EEN SOO SF&12DO SF: 1 - - •: I 70 UNITS IX 25CSF RED.OPEN SPACE)-17,5DOSF 1 Ili 1 . UNITS GREATER THAN 12GO SF: 26 UNITS(I 350SF RED,OPEN SPACE)-9 1DOSF _ J y N TOTAL RED.OPEN SPACE=2fi,fiDOSF I J. I TOTAL OPEN SPACE PROVIDED=50,D14 IF w 1 w - n 1 L�_'___ __ — _—_ -. _�` _ wore -"'"------------�:r_ � FOR PRIVATE oPEN snAOE C.—CATION 5£E ARCHITEc1uRA1 PROTECT onrA - YAHGILRO - - -- Address.I Melidlan,ID I Conditional Use Permit 111.11.2021 GGLO L-3 Page 50 Item 6. F164] 6. Site Amenities SECTION 02 ILLUSTRATIVE LANDSCAPE PLAN SITE AMENITIES — 1.COMMON CENTRAL AMENITY AREA WITH NATIVE GRASSES, MULTIPURPOSE TRAILS,SOCIAL GATHERING NODES AND SEATING )'LOCATED ATOP GAS EASEMENT.NO TREES OR FOUNDATIONS PERMITTED) 2.C W B HOUSE AMENITY-SWIMMING POOL,HOT TUB,CABANAS AND PRIVACY FENCES 3.OUTDOOR KITCHEN&DINING 4.FITNESS LOUNGE 5.LAWN GAMES&F{REPIT LOUNGE 6.PICKLE BALL COURT 2.CHILDREN PLAY AREA B.DOG PARKS } 9.RESIDENTIAL AMENITY AREAS WITH SWIMMING POOL,PICNIC SHELTER AND FIRE PIT LOUNGE III, 10,ART&STORM WATER FACILITIES 11.PUMP BUILDING 111 12.RESIDENTIAL AMENITY AREA WITH PLAY AREA AND HBO LOUNGE 13,6D'-0"SETBACK'25'STREETSCAPE PLANTING+35-IRRIGATION EASEMENT) � ..R 14,5.-D'MIN PARKING LOT PERIMETER LANDSCAPE STRIP itI 15.BUFFER PLANTING AT DIFFERENT LAND USES 16.COVERED PARKING 1].ADA PARKING 18.213'STREET BUFFER 19,5'RESIDENTIAL BUFFER 2D.TRASH LOCATIONS(TYP.SEE IF&ARCHITECTURE SHEETS FOR TRASH ENCLOSURE DETAILS) F, Y �F1 L�RII �\. . � 21.SITE TRIANGLE (BP)BICYCLE PARKING(SEE PARKING CALCULATION ON CIVIL SHEETS) it FFPMS.PARKING AND O 0®0' SIFE. IGN AREAS,SiGN5,5TREEr FURNITURE OA OTHER T.MAN-MARE OR.ELEMEAT NTS ON VANGUARD VILLAGE.I Meridian,ID I COMM Permit N—b,,2021 GGLO L2 Page 51 Item 6. ■ Building Elevations (dated: September 27,2021) Link to complete plan set, including floor plans: https://weblink.meridianciN.oLy WeUink/DocView.aspx?id=252430&dbid=0&repo=Meridi anCi FRONT ELEVATION APARTMENT LE ELEVATIONS. U VERTICAL HARDIE PLANK SIDING-GREY ti Q HORIZONTAL HARDIE PLANK SIDING GREEN HORIZONTAL HARDIE PLANK SIDING WOOD Q HARDIE PLANK SOFFIR MATERIAL © ;EDAR POSTS&BEAMS m_P O ASPHALT SHINGLES d ob b a BACK ELEVATION S€DE ELEVATION OWP 17—: A201 BUILDING 3 ELEVATIONS. FRONT ELEVATION VERTICAL HARDIE PLANK SIDING-GREY ® HORIZONTAL HARDIE PLANK SIDING-GREEN ® HORIZONTAL HARDIE PLANK SIDING-WOOD Q HARDIE PLANK SOFFIT MATERIAL CEDAR POSTS&BEAMS I ,. Q ASPHALT SHINGLES O O 1111 BACK ELEVATION SIDE ELEVATION s 11— IU14 6MrA li e,K m� O O '0 © O WK ns�r�xoa - A301 Page 52 Item 6. ■ BUILDIN� 4 ELEVATI NS. FRONT ELEVATION vs•=r-o• 0 VERTICAL HARDIE PLANK SIDING-GREY 0 HORIZONTAL HARDIE PLANK SIDING-GREEN „R 0 HORIZONTAL HARDIE PLANK SIDING-WOOD 0 HARDIE PLANK SOFFIT MATERIAL 0 CEDAR POSTS&BEAMS m.P Q ASPHALT SHINGLES BACK ELEVATION SIDE ELEVATION va-=r-o.. A401 BUILDING 5 ELEVATI NS. FRONT ELEVATION t/s•=r-o• 0 VERTICAL HARDIE PLANK SIDING-GREY 0 HORIZONTAL HARDIE PLANK SIDING-GREEN � © HORIZONTAL HARDIE PLANK SIDING-WOOD Q HARDIE PLANK SOFFIT MATERIAL 6 p Q CEDAR POSTS&BEAMS 0 ASPHALT SHINGLES BACK ELEVATION SIDE ELEVATION z7-- Page 53 Item 6. F167] BUILDING 6 ELEVATIONS. FRONT ELEVATION Us=r-o- Q VERTICAL HARDIE PLANK SIDING-GREY © HORIZONTAL HARDIE PLANK SIDING-GREEN © HORIZONTAL HARDIE PLANK SIDING-WOOD 0 HARDIE PLANK SOFFIT MATERIAL CEDAR POSTS&BEAMS 0 ASPHALT SHINGLES BACK ELEVATION SIDE ELEVATION 711171 "111 -p000 00 ��TEM__ A601 BUILDING 7 ELEVATIONS. FRONT ELEVATION O VERTICAL HARDIE PLANK SIDING-GREY Q HORIZONTAL HARDIE PLANK SIDING-GREEN © HORIZONTAL HARDIE PLANK SIDING-WOOD 0 HARDIE PLANK SOFFIT MATERIAL © CEDAR POSTS&BEAMS 0 ASPHALT SHINGLES BACK ELEVATION SIDE ELEVATION zz A701 �roneexzm Page 54 Item 6. Fl 68 ---z CLUBHOUSE ELEVATIONS. -- -- - Q VERTICAL HARDIE PLANK SIDING-WOOD a A VERTICAL HARDIE PLANK SIDING-BEIGE © STONE VENEER BACK ELEVATION 0 PAINTED METAL TRIM Q HORIZONTAL SLAT SHADE Q CEDAR POSTS&BEAMS Q STANDING SEAM ROOFING SIDE ELEVATION SIDE ELEVATION 2 PTE—o, A801 CLUBHOUSE. FMffr A. 1 �SEPTEMBER 2021 A802 Page 55 •. 14 1 Page • Item 6. F170] VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Development Agreement Modification: 1.1 The existing Development Agreement(DA) shall be terminated and a new amended and re- stated DA is required as a provision of the proposed modification which shall at a minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the site plan, qualified open space exhibit, site amenity exhibit,pedestrian circulation plan,preliminary plat,phasing plan, landscape plan and conceptual building elevations submitted with the applications contained herein. b. All future development, site design and building design shall comply with the guidelines in the Ten Mile Interchange Specific Area Plan and the standards in the Architectural Standards Manual, as applicable. c. An encroachment permit is required for any improvements proposed within the Williams pipeline easement. A copy of the executed encroachment agreement shall be submitted to the City prior to issuance of any Certificate of Zoning Compliance for this site. Uses such as daycares, schools,hospitals,assisted living facilities, etc.where occupants are not able to leave the area quickly in case of an emergency, are discouraged in the vicinity of the pipeline. All development within the Williams pipeline easement shall comply with the Williams Developers' Handbook. d. The street sections for Sunset Point Way and Coral Reef Way shall be constructed in accord with Street Section D(residential collector street)in the TMISAP,which requires 11-foot travel lanes, 6-foot bike lanes, 8-foot parallel parking, 8-foot parkways and minimum 6-foot wide detached sidewalks (see pg. 3-21 and 3-23). e. The street sections for Vanguard Way and Umbria Hills shall be constructed in accord with Street Section C(major collector street)in the TMISAP with a modification that allows (3) 11-foot travel lanes, on-street parking between the Williams pipeline and the eastern boundary of the site, 8-foot parkways and detached 10-foot wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD. Streetlights are required at a pedestrian scale (see pg. 3-20, 3-22, 3-23). f. Sidewalks,walkways and pathways shall include dedicated crosswalks at the intersection with all streets within commercial activity centers with changes in color,markings, materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP(see pg. 3-28, Crosswalks). g. Development in the R-15 district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP) for Medium High Density Residential(MHDR)designated areas. h. Development in the C-C district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP) for Mixed Use Commercial(MU-COM)designated areas. i. Development in the M-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP)for Mixed Employment(ME) designated areas. Page 57 Item 6. 171 j. Development in the H-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP) for High-Density Employment(HDE)designated areas. k. Public art in a high quality of design shall be provided in shared spaces and incorporated into the design of streetscapes as set forth in the TMISAP(see pg. 3-47). 1. Design elements shall be provided within the overall development as required in the Application of the Design Elements matrix on pg. 3-49 of the TMISAP. in. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance applicationo and/or building permit application. The Applicant may submit a design review applications) to finalize building design prior to recordation of the final plat(s). n. The applicant shall submit a Certificate of Zoning Compliance and Design Review application to the Planning Division for approval of all future uses on the site to ensure compliance with the Unified Development Code,Ten Mile Interchange Specific Area Plan, Comprehensive Plan,Architectural Standards Manual, and provisions of the development agreement contained herein,prior to issuance of building permits for any structure(s)within this site. 2. Preliminary Plat: 2.1 Future development of the proposed lots is required to comply with the dimensional standards of the R-15 zoning district in UDC Table 11-2A-7 and the C-C,M-E and H-E zoning districts in UDC Table 11-2B-3, as applicable. A minimum building setback of 10-feet is required in the multi-family portion of the development unless a greater setback is otherwise required, per UDC 11-4-3-27B.1. The 20-foot wide collector street buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B-7C.2a. Separation between buildings shall comply with Building code. 2.2 The final plat shall include the following revisions: a. Depict the easements for the Marvin Lateral and/or the Purdam Drain on the plat if they encroach on this site. b. Include a note prohibiting direct access via the collector streets other than the access points approved by the City and ACHD with this application. c. Depict street sections for Sunset Point Way and Coral Reef Way consistent with Street Section D in the TMISAP (see pg. 3-21). d. Depict street sections for Vanguard Way and Umbria Hills consistent with Street Section C in the TMISAP with a modification that allows(3) 11-foot travel lanes, on-street parking between the Williams pipeline and the eastern boundary of the site, 8-foot parkways and detached 10-foot wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD. Streetlights are required at a pedestrian scale(see pg. 3-20, 3-22, 3- 23). e. Depict required street landscape buffers in common lots or on permanent dedicated buffer easements,maintained by the property owner,homeowner's association or business owners' association, as applicable, as set forth in UDC 11-313-7C.2.A reduction of the collector street setback may be granted for homes that front on a collector street when certain conditions exist as noted in UDC Table 11-2A-7, note#L 2.3 The landscape plan submitted with the final plat shall be revised as follows: Page 58 Item 6. 172 a. Depict one(1)additional tree within the street buffer along Umbria Hills(east)per the minimum standard listed in UDC 11-3B-7C.3b. b. Widen the street buffer along Umbria Hills to 20-feet as required for a collector street in UDC Table 11-2B-3. c. Depict landscaping within required street buffers in accord with the recently amended standards listed in UDC 11-3B-7C. d. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B-7C. Class II trees shall be provided in parkways in accord with UDC 11-3A-17E; Class III trees may be considered if the parkways are widened to 10 feet. e. Sidewalks,walkways and pathways should include dedicated crosswalks at the intersection with all streets within commercial activity centers with changes in color, markings,materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP(see pg. 3-28, Crosswalks). f. Depict minimum 6-foot wide detached sidewalks along all streets in accord with the street sections(i.e. C and D)in the TMISAP. g. Depict a berm in the street buffer along I-84 in accord with the TMISAP for street buffers along transportation corridors (3.07.01 Q. h. Mitigation trees shall be depicted on the plan(185 trees at 2.5 caliper inches each for a total of 462.5 caliper inches). i. If trees are not allowed within the pipeline easement, an additional 5-feet should be added to the common area outside of the easement to allow for trees; or, alternative compliance may be requested to the planting requirement for pathways and open space. 2.4 All streets shall be constructed as complete streets as defined in the TMISAP(see pg. 3-19 & 3-20). 2.5 All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. 2.6 A 14-foot wide public use easement for the multi-use pathways within this site shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s). 2.7 A private street application shall be submitted with the final plat application for the multi- family development as required by the Fire Dept. All private streets shall comply with the standards listed in UDC 11-3F-4. 3. Conditional Use Permit: 3.1 Comply with the specific use standards listed in UDC 11-4-3-27 for multi-family developments,including but not limited to the following: (revise the site plan and/or landscape plan accordingly) 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 as set forth in UDC 11-4-3- 27B.2. b. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit as set forth in UDC 11-4-3-2 7B.3. This requirement can be satisfied through Page 59 Item 6. F173] porches,patios, decks, and/or enclosed yards. Floor plans shall be submitted for all units that demonstrate compliance with this standard. c. Depict the location of the property management office,maintenance storage area, and central mailbox location(including provisions for parcel mail)on the site plan that provides safe pedestrian and/or vehicular access and the location of the directory&map of the development at an entrance or convenient location for those entering the development as set forth in UDC 11-4-3-27B.7. d. Depict a berm or a constructed barrier at least 4 feet in height with breaks in the berm or barrier to allow for pedestrian access within the street buffer along the north side of Vanguard Way in accord with UDC 11-4-3-27C. e. All street facing elevations shall have landscaping along their foundation that meets the minimum standards listed in UDC 11-4-3-27E.2. f. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F.A recorded copy of said documents shall be submitted prior to issuance of the first Certificate of Occupancy for the development.\ 3.2 Include a detail for the bicycle parking facilities that complies with the standards in UDC 11- 3C-5C. Bicycle racks should be depicted in central locations for each building and for the clubhouse. 3.3 Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C,which requires a minimum 5-foot wide landscape strip along each side of the pathway planted with a mix of trees, shrubs,lawn, and/or other vegetative ground cover; a minimum of one (1)tree per 100 linear feet of pathway is required. 3.4 Parking lot landscaping is required to be provided per the standards listed in UDC 11-3B-8C. 3.5 A minimum of one(1)tree shall be provided for every 8,000 square feet of common open space. 3.6 The space between building facades and adjacent sidewalks should be landscaped with a combination of lawns, groundcover, shrubs and trees as set forth in the TMISAP. 3.7 A 4adseaped buffer-should be pr-evided between the proposed developmeni a-ad the existi single 4a+n ly development to the.,.»-h as sot 4:,,-tL. i the TAUS A D 3.8 Include a 10-foot wide pathway connection between the pathway along the Purdam Drain and the pathway within the pipeline easement. 3.9 If trees are not allowed within the pipeline easement, an additional 5-feet should be added to the common area outside of the easement to allow for trees; or, alternative compliance may be requested to the planting requirement for pathways and open space. 3.10 All structures shall comply with the design standards in the Architectural Standards Manual (ASM) and the design guidelines in the TMISAP for the MHDR designation(see the matrix for Application of the Design Elements on pg. 3-49). 3.11 A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. Page 60 Item 6. 174 B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1. Applioant shall be required to re rottt the existing water and sewer mains into the propo roadway&4ensions of E. Oakerest Dr. a-ad N. Dixie A-ve. 1.2. The geotechnical investigative report prepared by GeoTek,Inc indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. 1.3. All mains outside of right-of-way require a 20-foot-wide easement at minimum. For sewer mains of depths 15 feet—30 feet require a 30-foot-wide easement. 1.4. No permanent structures shall be within the footprint of a City utility easement including but not limited to buildings,carports, fences, infiltration trenches,trees, shrubs, light poles, etc. Based off the currently landscape plan, some trees will be in conflict with easements. 1.5. The angle of sewer main into and out of manholes must be a 90-degree minimum. Where the proposed sewer main connects to the existing 36-inch sewer main,this requirement is not met. 1.6. All water main north of Vanguard way should be 8-inch diameter. 1.7. A water main extension is required to the northwest corner of the development for future connection to the west. 1.8. Water main in West Navigator should be 12-inch diameter from the east boundary to the west boundary. 1.9. A 12-inch diameter water main shall be extended to the west property boundary on the south side for future connection. 1.10. It is unclear by the provided plans how buildings will be served and how fire protection will be provided. An additional water loop around the buildings might be required to provide fire flow.A complete water plan will be required to be submitted and reviewed by Public Works Engineering before any final plat is approved. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of Page 61 Item 6. 175 the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat for the phase which is beingdped. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Page 62 Item 6. F176] 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancioy.oMIgublic works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature on the phase which is beingdped. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887- 2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=252151&dbid=0&r0o=MeridianC hty B. MERIDIAN POLICE DEPARTMENT https://weblink.meridianciy.org WWebLinkIDocView.aspx?id=251147&dbid=0&repo=MeridianC ity - The Police Dept. requests further discussions with the Developer on plans for emergency police access into each building entry point using a multi-technology keypad. C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianeity.oLvlWebLinkIDocView.aspx?id=249959&dbid=0&repo=MeridianC ity Page 63 Item 6. ■ D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=250049&dbid=O&repo=MeridianC Lty E. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.oLvlWebLinkIDocView.aspx?id=252295&dbid=O&repo=MeridianC hty https://weblink.meridiancity.org WWebLinkIDocView.aspx?id=252296&dbid=0&repo=MeridianC hty F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=252341&dbid=O&repo=MeridianC hty G. PARK'S DEPARTMENT https://weblink.meridiancity.orgj ebLink/DocView.aspx?id=252519&dbid=O&repo=MeridianC iv H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=255286&dbid=0&repo=MeridianC i &cr=1 FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: l. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds the proposed zoning map amendment and subsequent development is generally consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment will allow for the development of a mix of residential, commercial/retail, light industrial and employment uses which will provide for the retail and service needs of the community consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Page 64 Item 6. 178 Staff finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. This finding is not applicable as the request is for a rezone, not annexation. B. Preliminary Plat Findings(11-6B-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Staff is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit Findings(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Page 65 Item 6. ■ Stafffinds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-15 district (see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Stafffinds that the proposed use as a multi family development is generally consistent with the future land use map designations for this property and is allowed as a conditional use in UDC Table 11-2A-2 in the R-15 zoning district. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Stafffinds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission and Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water, and sewer. Stafffinds that essential public services are available to this property and that the use will be adequately served by these facilities. Page 66 E IDIAN;--- Applicant Presentation • n- - WAW �E Z i Z AL- N A V N�'F,I �1, ilk � ➢ O s , ♦ •i�rY1 �i��'�t�ti�r ti 'tt�N►+iiFh►w� `+ �a N - 1-84 A LDKIVENTURES T ENGINEERS PROJECT VANGUARD 2007 AERIAL / TEN MILE INTERCHANGE SPECIFIC AREA PLAN MAP X771 ��ILt� Kt Current Zoning Ten Mile � •-•1 � Ild �5°wail iq I $9 rt I InterchangeSpecific Area Plan 'x.r�t M. S •1� Mo� i �� ��-8 iC PROJECT VANGUARD 2020 PROPOSED" tells Rezoning: • M-E (Mixed Employment, 29.07 acres, green area) South r Ail of Vanguard H-E (High Density Employment, 28.60 acres, purple area) South of Vanguard C-C (Community Business District, 17.27 acres, red area) - south of Vanguard w. ant R-15 (Medium High-Density Residential, 40.33 acres, - —,: yellow area) North of Vanguard +�I k.k-® B o-ue Use Permit: A I, Conditional use permit application for multi-family , o c i residential use on the Site, and a request for alternative compliance for site design. Preliminary Plat: o o A preliminary plat consisting of 5 phases. }4 `_ Phase 1: Vanguard Way and a portion of the R-15 Ali-_t I Phase 2: Mixed Employment tl A@� • Phase 3: Reminder of R-15 k Phase 4: High Density Employment =11 Phase 5: Community Business District rimAII 'At A, t t r .I.A - m ,,. fill i-t �,•i4!f f.: ��`�1111► �* ���f1,vim �► l+�Mifrl�rw.. i i III i PROJECT VANGUARD Landscape 110 PROJECT VANGUARD STREET SECTIONS v9 / PROJECT VANGUARD Rezoning — M-E Mixed Employment, 29.07 acres wlllllllillllw Mixed Employment — M-E Zone The proposed Mixed Employment area in Vanguard Village \ borrows design elements from the TMISAP. USES: • Flex office - • Light industrial - • Retail and service uses for employment area in the TMISAP area. DESIGN ELEMENTS: • Detached buildings • Small setbacks • Minimal parking in the front of the buildings (<30%) • Building heights will range from 1 to 4 stories P7 ----- PROJECT VANGUARD Rezoning — H-E High Density Employment, 28.60 acres = High Density Employment — H-E Zone Service uses (approximately 380,000 SF) supporting the High-Density Employment guidance of the TMISAR USES: Corporate campus Business and professional office space • Research and development Limited retail. DESIGN ELEMENTS: • Detached buildings • Small setbacks ;r • No parking in front of buildings ,T:,• _ • Building heights will range from 1 to 6 stories r� PROJECT VANGUARD Rezoning — C-C Mixed-Use Commercial/Retail and High Density Residential Mixed Use Commercial/Retail — C-C Zone Design elements from the TMISAP. USES: PI • Standard commercial and retail uses - _. DESIGN: • Buildings will be between 1 and 4 stories high _ - • contain no parking at their front, • Attached buildings, • "hold the corners" at street intersections to limit perceived street crossing distances. • 8-12 units/ acre. - • No more than 30% of ground level development to be used -: h I^ �•• - for residences. PROJECT VANGUARD Rezoning — C-C Mixed-Use Commercial/Retail and Vertically Integrated High Density Residential ' Vertically Integrated High Density Residential — C-C Zone * J. . Design elements from the TMISAP. _ ' 1 ` � �i�= _�� • . _ USES: Multi-family Commercial/Retail DESIGN: • Buildings within this area will be between 1 and 4 stories high • Parking that is either under the structures or behind the buildings �► -'!'f`- • Mechanical units or service areas will be screened - . • Facade modulation, architectural elements, and detailing must all face public spaces or roads. - CUP - VANGUARD CROSSING 40 acres Proposed R-15 Zone # 13.69 units/acre L 552 Multi-family units J • 216 Apartments (1-2 BR) 'f _ • 336 Townhomes (1 -3 BR) 22 /o Qualified Open Space , o 18+ Qualified Amenities (4 required) `+` `" ` • `� CUP - VANGUARD CROSSING L (L t- i Apartment . ■ 2-Story Townhomey a . Clubhouse s - I ti - PI ........... GARDEN APARTMENTS TOWN HOMES*1 TOWN HOMES#4 TOWN HOmF5#6 ;Fg F1 TOW 40MES#6 iF 'C TOWN 40MES#7 CLU 5 HOUSE 8k AMENITY CUP - VANGUARD CROSSING :: a �e r� a Lai MEN =mm 09 o a. a ■■■ - 0-� MEN No ME we ON TWO STORY TOWNHOME STYLE MATERIAL LEGEND CEIIAR DARK GRAY 0 E:l CUP - VANGUARD CROSSING n�!! - HER■» ■■ ■■ ! ® �� IN ■ Mira o Rom o� aQ BE% ou: ���son MEN MEN IN o ear. ■ umu IN MATERIAL LEGEND THREE STORY APARTMENTS El 0 CUP - VANGUARD CROSSING 4 f F 1 f, . M s CLUBHOUSE CUP - VANGUARD CROSSING jkp -- - - J �1 ';•-•� � ^, IVY • ti 16 Y Central Amenity Area with Clubhouse, Pool, Pickleball, Play Structure, Pathways, Picnic/BBQ, Game Lawn CUP - VANGUARD CROSSING r w F j.. CUP - VANGUARD CROSSING on on 1pf owl 1 LL _ 1 • Ztl' Central Spine Amenity with Multi-Purpose Pathways, Gathering Nodes and Seating CUP - VANGUARD CROSSING T° M ow r' fad 14. yw � r w _ y w Northwest Amenity Area with Dog Park, Pathways CUP - VANGUARD CROSSING twit- M. low s - rl Northeast Amenity Area with 2nd Pool, Pool House CUP - VANGUARD CROSSING VOW 44 Southwest Amenity Area with Play Structure and BBQ CUP - VANGUARD CROSSING - i �I u+^,��� � 1 �� B `fir � �''-�„�- y' p •) � _ � .� � _ �. :A, •,fir '�t I I f 'fie P �F ►kP , ` �•• aw .G -4• Southeast Amenity Area with 2nd Dog Park, Pathways CUP - VANGUARD CROSSING ►,14 " - s `+ w1� , •• 1 � f SI i 1 I low � Pedestrian Circulation CUP - VANGUARD CROSSING .r j I • -i!��I 1 ffiid �•T�In Ip1111Pi- w ,rrae aeons,i,enn NIIIII 111111 � f fill r' r } T CUP - VANGUARD CROSSING .r j I • -i!��I 1 ffiid �•T�In Ip1111Pi- w ,rrae aeons,i,enn NIIIII 111111 � f fill r' r } T CUP - VANGUARD CROSSING Requested changes to Design Standards: * Variation in roof pitch for amenity buildings and TH garage shed * Requiring front porch elevation of 18"-24" would prevent ADA-compliant access to front door k 1 I � I•' '• 1 I. I. I ' .� I loll�vl •viL.l l�IK�R I I N I # 11 I 1 THANK YOU Questions or Comments I 3 md -3A ON 9 is n D o i. . N low AV ue � Y a 3 } 1 d n S N , I ! Jk i AymsllY-i ,A N TEMPEST WAN x Of } 4 4 i , t i . A.:_ .,. r WAY x i 7 � T t SUPAIJWE Al PARK C§tOSSIN l �6 o AV. It t 3 �� Pit Item 7. L180 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Faissy's Child Care (H-2022-0002) by Faissy Kwizera, Located at 1322 E. Grand Canyon St., Near the Southwest Corner of E. McMillan Rd. and N. Locust Grove Rd. A. Request: Conditional Use Permit for conditional use on 0.17 acre of land in the R-4 zoning district to allow group daycare of more than 6 children. Item 7. 181 (:�N-WE IDIAN IDAHO PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: March 17, 2022 Topic: Public Hearing for Faissy's Child Care (H-2022-0002) by Faissy Kwizera, Located at 1322 E. Grand Canyon St., Near the Southwest Corner of E. McMillan Rd. and N. Locust Grove Rd. A. Request: Conditional Use Permit for conditional use on 0.17 acre of land in the R-4 zoning district to allow group daycare of more than 6 children. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing Item 7. ■ STAFF REPORTC�WE IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 3/17/2020 Legend DATE: � Proje�'Lxa ar ,�Lh TO: Planning&Zoning Commission --- E'lu{CMILLAhiYRD---- - FROM: Alan Tiefenbach,Associate Planner 208-884-5533TM ' --- - �` SUBJECT: H-2022-0002 Faissy's Daycare LOCATION: 1322 E Grand Canyon St,Meridian E � t T , I. PROJECT DESCRIPTION Conditional use permit for a group daycare for 7 to 12 children on 0.17 acres of land in the R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.17 Future Land Use Designation Medium Density Residential Existing Land Use(s) SFR home Proposed Land Use(s) SFR home with group daycare Neighborhood meeting date;#of December,27 2021,no attendees attendees: History(previous approvals) AUP-2021-0002 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One access via E.Grand Canyon St.,local street Hwy/Local)(Existing and Proposed) Pagel Item 7. F183] C. Project Area Maps Future Land Use Map Aerial Map Legend " ( g rtyrResidenfial feegend IProjev' Lccafiar + I —L 1r. IP�aj�c}Lacaiian �fr. h E=MCMILLAHIRD 4 ET R7Y ' } 25. + r"IR t:33 W� +slydiu R{]C I{L► Residential O L. ; -�oE_ � V'1 -ft- . Ecr.4.a E J �.''+ �eL �i"- TAR.Lk I L Zoning Map Planned Development Map Legend I c{,— Legend LLLUIF�ajec*Lcc❑nor RLIT I IWojec#Lflcaoar I Slr., C N u.S+.=. L CWLLAhi,RD LLAH RD---- r — Planned Parcg's RUT I R- I R-8 TT f iL:iTTT TR RUTTM SlAR — -- Z —R1 E I' --- R-8 �L I a w I 'E J Z I ... III. APPLICANT INFORMATION A. Applicant/Owner: Faissy Kwizera— 1322 E Grand Canyon St..,Meridian,ID 83646 B. Representative: Same as Applicant/Owner Page 2 Item 7. F184] IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification 02/25/2022 published Radius notification mailed to property owners within 300 feet 02/28/2022 Public hearing notice sign posted 3/7/2022 on site Nextdoor posting 02/28/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) MDR(Medium Density Residential)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. B. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): • "Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings."(2.01.01 C) The existing and proposed daycare expansion is within walking distance of adjacent residential homes. The owner is currently operating a daycare and watching up to six (6) children. C. Existing Structures/Site Improvements: There is an existing home and associated improvements on this property. D. Proposed Use Analysis: A group daycare(for 7-12 children)is listed in UDC Table 11-2A-2 as a conditional use in the R- 4 zoning district. The applicant states the daycare will operate from 7AM to 7PM on weekdays with outdoor playtime limited to one hour after 9AM and one hour after 1PM. E. Specific Use Standards(UDC 11-4-3): The specific use standards listed in UDC 11-4-3-9,Daycare Facility, applicable to the proposed use are as follows: A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare,family; and daycare,group: 1. In determining the type of daycare facility,the total number of children at the facility at one time, including the operator's children, is the determining factor. The Applicant's narrative states the plan is to have up to 12 children. The applicant is already operating a family daycare(6 children or less), but because they recently had a baby this brings them from a family daycare to a group daycare. (A family daycare is allowed as an accessory use in the R-4 zoning district.) 2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. Page 3 Item 7. ■ The applicant states they presently provide and will continue to provide the transportation for the children. However, the subject house does have a parking pad which is approximately 30 feet wide which could provide an additional parking space for pick up or drop off. Parking spaces are also available along the curb in front of the house if needed. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The Applicant proposes a group daycare for up to 12 children, with 7 children being the anticipated number. The applicant proposes to operate between 7"to 7PM. 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11,Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. This has been listed as a condition of approval. 5. In residential districts or uses adjoining an adjacent residence,the hours of operation shall be between six o'clock(6:00)A.M. and eleven o'clock(11:00)P.M. This standard may be modified through approval of a conditional use permit. As mentioned above, the Applicant presently operates the family daycare 7AM and 7PM on weekdays and this is not proposed to change. 6. All outdoor play areas shall be completely enclosed by minimum six foot(6)non- scalable fences to secure against exit/entry by small children and to screen abutting properties. The outdoor play area will be in the backyard, which is surrounded by a 6 ft. tall fence. 7. Outdoor play equipment over six feet(6)high shall not be located in a front yard or within any required yard. All outdoor play activities will occur in a fenced backyard. 8. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. As mentioned, the daycare will operate from 7AM to 7PM. Outdoor play will occur one hour after 9AM and one hour after IPM. F. Dimensional Standards(UDC 11-2): Not Applicable G. Access(UDC 11-3A-3, 11-3H-4): Access is provided via E. Grand Canyon St,a local road. The applicant has stated they presently pick up and deliver all clients,and this will continue. H. Parking(UDC 11-3C): Parking exists on the site in accord with the standards listed in UDC Table 11-3C-6 for a 4- bedroom single-family dwelling.A total of 2 garage spaces and a 30 ft. wide parking pad outside the garage can accommodate 5 spaces exists on the site. On-street parking is also available(see exhibit in Section VII.A). Page 4 Item 7. ■ I. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): A photo of the existing home on this property is included in Section VIII.C;no additions are proposed with this application. 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. VII. EXHIBITS A. Site Plan(dated: 3/7/2022) Legend IL RAND ANY, � a • 'l i Page 5 �� ,ram! ""p` � ����'••• _ ..1 1 • �� - ,'fir.J.�" _ ^ •�i � Page 6 Item 7. F188] VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning 1. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-9 Daycare Facilities, including but not limited to the following: a. All outdoor play areas shall be completely enclosed by minimum six foot(6')non- scalable fences to secure against exit/entry by small children and to screen abutting properties. b. Outdoor play equipment over six feet(6')high shall not be located in a front yard or within any required yard. c. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. 2. The maximum number of allowable clients at the facility at one time shall be limited to twelve(12). 3. The daycare/pre-school shall not operate beyond the hours of 7:00 am to 7:00 pm on weekdays. 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11,Idaho Code prior to issuance of Certificate of Occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. B. Ada County Highway District(ACHD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=252183&dbid=0&repo=MeridianC ity C. NMID https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=252435&dbid=0&repo=MeridianC ity IX. FINDINGS A. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the R-4 zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed group daycare will be harmonious with the Comprehensive Plan in that it will provide a much-needed service for area residents within walking distance of homes within the neighborhood. Page 7 Item 7. Fl-891 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. Staff finds the operation of the proposed daycare/pre-school should be compatible with the residential uses in the neighborhood and the existing and intended character of the neighborhood and not adversely affect such. 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 daycare/pre-school complies with the condition of approval in Section VII as required, Staff finds the proposed use 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 within the City's Area of City Impact boundary and has been annexed into the City and these services are already being provided to the existing home, Staff finds the public facilities mentioned will be provided to the proposed use as well. 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. Staff 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. The present operation picks up and delivers children, and this will remain the same. There could be occasional onsite pick up/drop off, but there is sufficient parking and staff finds it would not be detrimental to the general welfare. 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) Staff 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 8 Item 8. 190 E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Pavilion at Windsong (H-2021-0102) by Kent Brown, Located at the Northwest Corner of W. Ustick Rd. and N. Linder Rd. A. Request: Rezone of 3.42 acres of the subject property from C-C to R-40. B. A Preliminary Plat on the entire 4.77-acre property to allow 33 townhouse lots, 2 lots for vertically-integrated buildings containing a total of 12 residential units, and one commercial lot. C. A Conditional Use Permit to allow townhouses in the R-40 zoning district. D. A Development Agreement Modification to allow the proposed development Item 8. 1 1 1 (:�N-WE IDIAN:-- IDAHO PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: March 17, 2022 Topic: Public Hearing for Pavilion at Windsong (H-2021-0102) by Kent Brown, Located at the Northwest Corner of W. Ustick Rd. and N. Linder Rd. A. Request: Rezone of 3.42 acres of the subject property from C-C to R-40. B. A Preliminary Plat on the entire 4.77-acre property to allow 33 townhouse lots, 2 lots for vertically-integrated buildings containing a total of 12 residential units, and one commercial lot. C. A Conditional Use Permit to allow townhouses in the R-40 zoning district. D. A Development Agreement Modification to allow the proposed development Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing Item 8. ■ STAFF REPORTC�WE IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 3/17/2022 Legend . DATE: TO: Planning&Zoning Commission I�11 --- FROM: Alan Tiefenbach,Associate Planner 208-884-5533 �J z SUBJECT: H-2021-0102 Pavilion atWindsong W-UST1CK-RD -- E-76 LOCATION: 1680 W.Ustick Rd. -= E W - - Z I—Zi W CL , I. PROJECT DESCRIPTION The applicant proposes the following: • Rezone of 3.42 acres of land from the CC zone to R-40 zone; • Preliminary Plat on the entire 4.77-acre property to allow 33 residential lots,2 lots for 2 vertically-integrated buildings containing 12 residential units, and one commercial lot; • Conditional Use Permit to allow townhouses in R-40 zoning district; and, • Development Agreement Modification to enter into a new DA to allow the proposed development. Note: The Applicant is also applying for private streets in a portion of the project. This application is reviewed and approved by the Director, Commission action is not required.Analysis of the private street design is provided below in section V II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage IL 4.77 acres Future Land Use Designation Mixed Use Community Existing Land Use(s) Vacant Proposed Land Use(s) Multifamily,Vertically Integrated Residential Project, Commercial Lots(#and type;bldg./common) 33 residential lots,2 lots for 2 vertically-integrated buildings, 1 commercial lot, 10 common lots Phasing Plan(#of phases) One Page 1 Item 8. F193 Description Details Page Number of Residential Units(type 33 townhouses, 12 vertically-integrated units. of units) Density(gross&net) 9.4 du/acre Open Space(acres,total 16.1%(0.77 ac) [%]/buffer/qualified) Amenities Neighborhood Park, 10 ft.wide regional pathway Physical Features(waterways, Five-mile creek floodway is at the southwest corner of the hazards,flood plain,hillside) property to the south and west(but not on the property). Creason Lateral traverses a small portion of the site at the southwest corner.The lateral has already been piped in this area Neighborhood meeting date;#of November 29,2021 6—neighbors opposed W. Crosswind attendees: St.being connected. History(previous approvals) AZ-09-005,DA Inst# 11031366,Buyrite Apartments(H- 2018-0096);MDA H-2019-0092(not recorded),CUP H- 2019-0094 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Traffic Impact Stud es/no No Access(Arterial/Collectors/State Access will occur from N. Linder Rd(arterial),W. Hwy/Local)(Existing and Proposed) Crosswind St(local)and N.Wafting Ln(northern stub). Traffic Level of Service Better than"E" Stub Street/Interconnectivity/Cross A northern stub is provided(N.Wafting Ln) Access Existing Road Network W.Ustick Rd.,N.Linder Rd.,W.Crosswind St. Existing Arterial Sidewalks/ N.Linder Rd.and W.Ustick Rd.have 7 ft.wide sidewalk. Buffers Proposed Road Improvements Both W.Ustick Rd and N.Linder Rd are fully improved, although the applicant will be required to install 25 ft.wide landscape buffers. Distance to nearest City Park(+ 115 mile to Settlers Park size Fire Service • Distance to Fire Station 1.6 miles from Station 2 • Fire Response Time <5 minutes • Resource Reliability >80% • Risk Identification 2 • Accessibility Acceptable • Special/resource needs Aerial device will be needed • Water Supply — 1,000 gpm per hour • Other Resources Police Service No comments Wastewater • Comments • Flow is committed Page 2 Item 8. F194 Description Details Page • Sewer must have at a minimum 3'of cover over top of the pipe.This is not met at manhole SSMH A6. • Water and sewer in parallel require a 30'easement.24' road does not provide adequate space. • Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easement. • Ensure no sewer services pass through infiltration trenches. Water • Distance to Water Services 0 • Pressure Zone 2 • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • Eliminate the deadend water main in W Wind Gust Ln by ending the water main at N Twister Ln and then running water services to the remaining units off of W Wind Gust Ln. • Eliminate the deadend water main in W Whirl Wind Ln by ending the water main at N Quall Ln and then running water services to the remaining units off of W Whirl Wind Ln. • Eliminate the water main in the"drive through"within the CC zoning. • Eliminate the water main that is cutting through Building B • Connect water to the existing stub off Linder Road. Grocery Store 1.5 mile+/-to grocery store and other goods and services. Page 3 1 1 1 u■ �� � _ I .I � I dhb r'- all =1i�■ � IIII ->' i x ■ 111.111151E= ■■■IrH�j�iMlhiaLp=c�r i_ '��, toli-• �s•II■ IN II�;; �.MEN air 101 son R.�..•-_ _imp ■ <.3?"�" =*• R ' T' - l...y:' IF ■ ■ ■2■ as � I■■2■■ as � a ■ IIII a aT II II 01 �::a4�� 1111111 =ill-a. ■ - Cd'a #■■II' 1 =�j'a \iia u',w�,l IIIII Yi r ■ IIS+Io IIIII � _ • 1hilyy = IIII IIIII _ 'I""' �C 'Ili■ . 11 MMPI 0" F N■■ _■ i ' • _ 1111�"� 111� ■ttYrti■ riMl�Il■rr■ son SO OR PR ■� ■ !!. ■N■■ �'�� a lid ■� ■ SOL sll M a ■ ' I p _� I III � '+�l.i■ � fa�llii'� � t� � k� ■ ■ ■■■ far,; Ii ■ r Ii „� r■r; ■■■ter■ ■ ■■■ —� INNIS ■■■ I' ■■If�■r.:�■ ■■■�■■■■■■ ■■ ■■ I ■■ ■r �■ on Item 8. 196 III. APPLICANT INFORMATION A. Applicant/Representative: Kent Brown—3161 E. Springwood Dr,Meridian,ID 83642 B. Owner: Rama Group LLC— 1548 W. Cayuse Creek Cr, Ste 100,Meridian,ID 83646 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in newspaper 3/1/2022 Notification mailed to property owners within 300' 3/28/2022 Applicant posted public hearing notice sign on site 3/7/2022 Nextdoor posting 2/28/2022 V. STAFF ANALYSIS The subject property is 4.77 acres and is presently zoned C-C. The property was annexed into the City and zoned to C-C in 2009 (Inst. #110031366,JJA Land,AZ-09-005). At the time of annexation approval, specific details for how the site was to develop were not provided. The recorded development agreement requires those details to be provided when the property is subdivided. In 2019,the property was proposed for a Development Agreement Modification and conditional use to allow a mix of uses including multi-family, a self-service storage facility,office and retail uses. During the October 1,2019 City Council meeting,there were concerns discussed with the multi- family component in regard to transition in density,height of buildings(3 stories),overcrowding of schools,traffic,and desire for more neighborhood serving uses to be provided in the area. The Planning Commission did approve the self-storage use but strongly recommended retail uses at the northeast corner of the site. Council approved the development agreement modification only for the self-storage and commercial uses, and prohibited multifamily on the site. The development agreement modification was never recorded and no construction has occurred on the property. This proposal is to rezone 3.42 acres of the subject property from CC to R-40, and a preliminary plat for 33 townhouse lots,2 lots for 2 vertically-integrated buildings with 6 residential units each (commercial and residential), 1 commercial lot, and 10 common lots.A conditional use is also required for townhouses in the R-40 zoning district. As mentioned above,because specific details regarding development were not provided with the annexation, a development agreement modification is required for any development of the site. This proposal also includes a request for private streets because some of the units front on a mew. Page 5 Item 8. 197 A. Development Agreement Modification The existing Development Agreement(DA) (Inst. #110031366,JJA Land,AZ-09-005)was approved in 2009. At the time of annexation approval, specific details for how the site was to develop were not provided. The recorded development agreement requires those details when the property is subdivided. The terms of the existing DA are included below in Section VI.B. A legal description and exhibit map subject to the new DA are included below in Section VI.A. The Applicant desires to enter into a new DA to allow a development consisting of 33 townhouses on 33 lots,2 vertically-integrated buildings on two lots(12 residential units total), and one 18,236 sq. ft. commercial lot with a 2,000 sq. ft. +/-building. The applicant has submitted a preliminary plat, conceptual site plan, landscape plan and building elevations for all proposed buildings. These will be included as part of the new development agreement. B. Zoning The property is presently zoned C-C. The applicant proposes to rezone approximately 3.42 acres at the north and west to R-40 to allow townhomes. Townhomes are allowed in the R-40 zoning district by conditional use. The applicant proposes to retain the remaining 1.28 acres+/-as C-C to construct two 9,200 sq. ft.vertically-integrated buildings, each with 6 residential units as well as commercial uses. The applicant also proposes an approximately 2,000 sq. ft. commercial building at the southwest corner of W. Crosswinds St. and N. Linder Rd. Both of the uses are principally permitted in the C-C zoning district. C. Future Land Use Map Designation(https:llwww.meridiancitE.or /g compplan) The FLUM designates the property for Mixed Use Community. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Employment opportunities for those living in and around the neighborhood are encouraged. The Comprehensive Plan describes components of what would be considered mixed use. Elements pertinent to this proposal include: • At least three types of land uses; • Higher density residential development is encouraged when there is a potential for an employment center; • Mixed Use areas typically being developed under a master or conceptual plan; during an annexation or rezone request, a development agreement; • Transitional uses and/or landscaped buffering between commercial and existing low-or medium-density residential development; • Being centered around spaces that are well-designed public and quasi public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered; and, • All mixed-use projects being accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land Page 6 Item 8. Fl-981 use types. Vehicle connectivity should not rely on arterial streets for neighborhood access. In addition,the Plan discusses the following additional pertinent requirements for mixed use community: • Residential uses should comprise a minimum of 20%of the development area at gross densities ranging from 6 to 15 units/acre; • Vertically integrated structures are encouraged; • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000 square foot building footprint; The applicant submitted a conceptual plan as part of this application. The application reflects three types of uses,with the majority of the residential portion of the development clustered around a central open space. Two of the buildings(Buildings G&H) are proposed as vertically-integrated structures. More than 20% of the development area is proposed as residential at a gross density of 9.4 du/acre,A 2,000 sq. ft. commercial building with a drive through establishment is also proposed(shown as a pad site). The development is connected to adjacent neighbors through sidewalks, green spaces and the Five Mile Pathway. Staff supports the inclusion of vertically integrated projects into this development. This is a unique style of housing, is characteristic of a mixed-use development, and would provide employment opportunities for those living in and around the neighborhood. However, staff believes the vertically-integrated structures would be more appropriate on the north side of W. Crosswind St.where Buildings A and B are presently shown. This would better integrate with the commercial pad and reduce the impact of traffic in the townhome portion of this development. Staff does have concerns that the vertically integrated buildings could build out in the future as merely townhouses with no commercial component,resulting in this development being only a residential development with a drive-through establishment. As the property is presently zoned C-C, staff is also concerned about the loss of additional commercially-viable property.As a condition of approval, staff recommends a requirement that at time of building permit,the ground floors of all vertically-integrated buildings meet occupancy class requirements for commercial structures. The concept plans show a townhouse row indicated as"Building D"along the western property line as close as 30 feet from existing residences. Staff does have concerns with the impact of a"wall effect"of these townhomes on the Windsong No 2 Subdivision.As a condition of approval, staff recommends Building D be broken into at least two groups of buildings,with the break occurring approximately in the vicinity of Lot 19,Block 3 of the Windsong Subdivision No 2. D. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): • Encourage diverse housing options suitable for various income levels,household sizes,and lifestyle preferences. (2.01.01) This development proposes 33 townhouses and 12 residential units within vertically- integrated buildings. This would increase the housing diversity in the area. Page 7 Item 8. Fl-991 • Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City. (2.01.01G) This development proposes townhouses and vertically-integrated residential units within an area comprised of a large amount of single family detached to the south, east and west, a commercial center directly across N. Linder Rd to the east(Sawtooth Landing) and a newly developing mixed density residential development at the southeast corner off. Linder Rd and W. Ustick Rd(Lennon Pointe). • Establish and maintain levels of service for public facilities and services,including water, sewer,police,transportation, schools,fire, and parks(3. 02.01 G). All public utilities are available for this project site due to existing facilities abutting the site. This project also lies within the Fire Department response time goal of 5 minutes. Linder and Ustick Roads are currently built at their ultimate anticipated widths directly abutting the site. • Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity(2.02.01D). As will be discussed below, sidewalks are included on both sides of the public roads (W. Crosswind Street and the northern stub) but only sections of the private roads include sidewalk. Staff does not object because the development is aligned around a central open space and other green spaces in such a manner that all portions of the development and surrounding neighborhoods can be accessed by foot with a minimum of walking in the private streets. The applicant is also providing a 10 ft. wide pathway connecting to the Five-Mile Pathway. • Encourage infill development. (3.03.01E) The subject property is located on an arterial intersection, and is surrounded by the City of Meridian to the east, west and south. Land uses in the area include detached single family, multifamily (Lennon Point Community to the southeast) and multiple office buildings directly across N. Linder Rd to the east(Sawtooth Landing). This would be considered an infill development. • Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability. (3.06.02B) As this development is comprised of three different uses, including vertically integrated residential buildings, it would be considered a mixed-use development. Numerous commercial uses are within a mile of the property. E. Existing Structures/Site Improvements: The property is currently vacant. F. Proposed Use Analysis: Townhouses are allowed by conditional use in the R-40 zoning district and vertically-integrated structures are a principally-permitted use in the C-C zoning district. Although it has not been determined what type of future use would occur on the commercial lot at the southwest corner of W. Crosswinds St and N. Linder Rd,the concept plan suggests a drive through establishment. If this drive-through is proposed in the future, it will require the approval a conditional use permit. Page 8 Item 8. F200] G. Specific Use Standards(UDC 11-4-3): UDC 11-4-3-41 requires vertically integrated residential projects to be at least two stories,with at least 25%of the gross floor area being residential.None of the required parking is to be located in the front of the structure. The minimum footprint is 2,400 sq. ft.,and the specific use standards lists the types of uses that are allowed. The site plan and building elevations reflect two 9,200 sq ft. +/-three-story vertically-integrated buildings fronting W. Ustick Rd. and N. Linder Rd,with parking provided within the development,not in front of the buildings. As mentioned above, staff believes the vertically-integrated buildings would be more appropriate on the north side of W. Crosswind St. verses located at the southwest portion, directly on the intersection.This would allow the mixed-use buildings to provide a better transition between commercial and residential uses,promote better walkability with the residential to the west, and minimize traffic in the townhome area. Also,based on the building elevations submitted, staff is unsure what is being proposed is "vertically integrated residential buildings"as much as additional townhouses or a"work/live" arrangement that could remain entirely residential. As a condition of approval, staff recommends a requirement that at time of building permit,the ground floors of vertically-integrated buildings meet occupancy class requirements for commercial structures. The concept plan suggests a drive through establishment. As it will be within 300 feet of a residential zone district, a drive through establishment in this location will need approval through a conditional use permit per UDC 11-4-3-11. H. Dimensional Standards(UDC 11-2): The R-40 zoning district requires a minimum lot size of 1,000 sq. ft.,25 ft. wide landscape buffers along arterial roads(W. Ustick Rd. and N. Linder Rd.)a 10 ft. street setback from local streets(W. Crosswinds St.), internal side setbacks of 3 ft. rear setback of 12 ft. and allows building heights of up to 60 ft. The C-C zoning district has the same landscape buffer requirement and limits building heights to 50 ft. Staff notes it does not appear the 10 ft. landscape buffer requirement is met along W. Crosswind St in the location of the commercial pad. In the area proposed for R-40,the preliminary plat indicates lot sizes of at least 1,600 sq. ft.,all setbacks are satisfied,the buffer is shown on the landscape plan, and the heights of the townhouses do not exceed 35 ft. The building elevations of the vertically-integrated buildings appear to be within the 50 ft. height limitation,although it is not specified on the elevations. Design will be assessed in detail at time of design review or certificate of zoning compliance. I. Access(UDC 11-3A-3, 11-3H-4): The subject property is located at the northwest corner of N. Linder Rd and W. Ustick Rd.,both arterials. There is an existing local road,W. Crosswind St.,which serves the adjacent Windsong Subdivision to the west and presently stubs to the subject property. The sections of N. Linder Road and W. Ustick Rd abutting the subject property are improved with 5-travel lanes, curb, gutter, and 7-foot wide attached concrete sidewalk. Both presently operate at a Level of Service"E",which is considered acceptable.W.Ustick Road is scheduled to be widened to 5-lanes from Ten Mile Road to Linder Road in 2024. Design for widening N. Linder Rd. to 5-lanes from Cherry Road to Ustick Road is planned for 2025, although a Page 9 Item 8. F201] construction year is not in the IFYWP at this point. ACHD has noted this development is estimated to generate 341 vehicle trips per day. This development would include closing an existing access on N. Linder Rd and creating a new access from W.Ustick Rd. approximately 250 ft.to the north. This would occur by extending W. Crosswind St. across the subject property to N. Linder Rd.Although ACHD typically discourages new local streets from intersecting arterials,ACHD supports the connection noting it would provide additional access for emergency services and circulation for the site and existing subdivisions located north and west of the site. There is also a northern stub proposed to the property at the north,which is not presently in the City. Except for W. Crosswinds St,which would be a local street built to the typical 33-foot wide local street section, all the remaining roads in this development are proposed to be private roads.The preliminary plat reflects the private roads south of W. Crosswind St.meet the 24 ft. minimum required width. Required findings for private roads are discussed in the findings in Section IX. On the north side of W. Crosswind St.,the plat indicates a private alley(east-west) and N. Puff Ln(north-south).Neither of these roadways meet minimum requirements.Alleys need to connect on both ends to serve as fire lanes,whereas the alley that is shown north of Buildings A&B dead-ends to the east. Also,N. Puff Ln is shown to be 23 ft. in width whereas 24' ft is the minimum. The applicant should revise this portion of the plat to meet the requirements of UDC 11-6C. This could be done by widening the alley and N. Puff Ln to at least 24 ft. in width, or converting the"alley"to a common drive and removing units to comply with the maximum allowed number of units allowed per UDC 11-6C-3-D (4 total,with no more than 3 on one side). The applicant should note if Buildings A&B were converted to vertically-integrated residential projects fronting along W. Crosswind St.,the alley could be redesigned as a 25- foot wide commercial drive aisle as long as it met the requirements of UDC 11-3C-5.This would increase the commercial uses desired in the area. If the applicant is amenable to this request, staff would recommend that the concept plan be modified prior to the City Council hearing. NOTE: If additional Vertically Integrated Residential is proposed at the north,it will require the applicant to submit revised legal description to reduce the proposed R-40 zoned area because vertically-integrated residential projects are a conditional use in this zone. J. Parking(UDC 11-3C): For townhouses of 2 bedrooms or less,2 parking spaces are required, at least 1 in an enclosed garage. For townhouses of 3-4 bedrooms,4 per dwelling unit is required,with two of them being in an enclosed garage. Parking for vertically integrated residential units ranges from 1 to 4 parking spaces depending on the number of bedrooms(not required to be covered)in addition to one space for every five hundred(500) square feet of gross floor area for the commercial portion. The site plan and elevations reflect all townhouse units are wide enough to have 2-car garages, and most have a pad in the front that meets minimum dimensional requirements for 2 cars(20 ft. by 20 ft.). Buildings A and B on the north side of W. Crosswind St. do not have pads that meet the minimum requirement to be counted as parking and therefore should be no more than 2- bedrooms each. There are 8 additional parking spaces shown on either side of the central open space to account for guest parking. The commercial lot indicates a building of approximately 2,000 sq. ft.,which would require 4 parking spaces; 11 parking spaces are provided at the west and south sides of the building. The 12 vertically-integrated units would require at least 12 parking spaces if all residential units were one bedroom,but the commercial spaces will also require parking spaces based on the amount of gross floor area dedicated to commercial. The elevations show all vertically-integrated units Page 10 Item 8. ■ contain a two-car garage with 14 additional parking spaces provided directly adjacent to an across from the buildings. A shared-parking agreement between the commercial use and the vertically- integrated buildings should be submitted at time of Certificate of Zoning Compliance (CZC). Parking will be reviewed in detail at time of certificate of zoning compliance or building permit. K. Pathways ( UDC 11-3A-8): There are 7 ft.wide attached sidewalks existing along N. Linder Rd. and W.Ustick Rd. The Five Mile Pathway parallels the creek at the west terminating at the subject property. This proposal includes 10 ft. wide pathways along both N. Linder Rd and W. Ustick Rd.,connecting to the existing Five Mile Pathway. Staff supports providing multiuse pathways but finds the configuration as proposed redundant and unnecessary. At the east along N. Linder Rd.,the plans propose a 10 ft. wide pathway directly adjacent to the existing 7 ft.wide sidewalk. Similarly,the applicant proposes to provide a 10 ft. wide pathway slightly offset from the existing sidewalk on W.Ustick Rd. In order to reduce impervious surfacing,unnecessary construction and increase landscaping,staff believes it is unnecessary to provide the additional pathway along N.Linder Rd and that the existing 7 ft.wide attached sidewalk should remain. The sidewalk along W.Ustick Rd should be widened to 10 ft.wide,the pathway shown directly south of Building H should be eliminated, and the connection between the existing Five Mile Creek Pathway and the W. Ustick Road Pathway should be shifted further to the west(this has been red-marked on the concept plan shown in Exhibit IX).Also,staff has concerns with the multiple walkways connecting Buildings G and H to the pathways.For less conflict points,staff recommends the plans be revised to include only one walkway connection to the pathways from each building. L. Sidewalks(UDC 11-3A-17): This proposal includes private streets within this development except for W. Crosswind St (collector)and what is shown as an alley at the northern perimeter or the property.UDC 11-3F-4 does not require sidewalks along private street streets in residential areas.Although the concept plan shows only portions of the private streets contain 4 ft. wide sidewalks,the development is clustered in such a way that pedestrian access is possible throughout the development by either pathways, sidewalks or across green space without the need to walk in the street. 5 ft. wide sidewalks are provided along both sides of W. Crosswind St.,and the stub street to the north. As discussed in the pathways section above, 10 ft. wide multi-use pathways are being provided along W. Ustick Rd. and N. Linder Rd. M. Parkways (UDC 11-3A-17): No parkways are proposed with this development. N. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N. Linder Road and W. Ustick Road. Buffers are required to be landscaped per the standards listed in UDC I I-3 B-7C. UDC 11-3B-7 requires all residential subdivision street buffers to be on a common lot,maintained by a homeowners' association. Pathways are required to be landscaped with a landscape strip a minimum of five(5) feet wide along each side of the pathway. It does appear landscape buffers of at least 25 ft. in width are provided along both arterials although they are not dimensioned. However, it does not appear either landscape buffer meets the minimum landscaping standards of at least one tree per every 35 ft. as there are long sections of arterial buffer without trees. It is also ambiguous regarding whether a common lot(s)has been included for the entire length of both landscape buffers,particularly along the N. Linder Rd frontage. Page 11 Item 8. F203] The concept plan as submitted indicates an alley or private drive directly abutting the residentially-zoned parcel to the north. To provide buffering and a softer transition,staff recommends a 5 ft.wide landscape buffer in this area,landscaped as required by UDC 11- 313-8. O. Qualified Open Space (UDC 11-3G): As the property is less than 5 acres in size,it is exempt from required qualified open space. However,the applicant has provided an open space exhibit, and the plat indicates 16%of qualified open space is provided. This includes a 9,500 sq. ft. central open space with a gazebo, although it appears some of what is shown as"qualified open space"does not meet the minimum dimensional requirements,such as parking spaces included into the exhibit. P. Qualified Site Amenities (UDC 11-3G): As mentioned above,the property is less than 5 acres in size so it is exempt from the qualified open space requirements. Townhouses (each unit on an individual lot) are considered single family residential, so the multifamily amenity requirements do not apply. However, an approximately 9,500 sq. ft. central open space is provided with a gazebo.As one of the objectives of the Mixed-Use Community designation is for open spaces to be centered around spaces that are well-designed public and quasi-public centers of activity,at time of CZC or plat public accessibility should be specified in the CC&Rs,maintenance agreement or property owner's association agreement. Q. Waterways(UDC 11-3A--A): The Creason Lateral traverses a small portion of the site at the southwest corner. The lateral has already been piped in this area, and it is within a common lot on the Plat. R. Utilities (UDC 11-3A-21): Public utilities will be provided from the Windsong Subdivision to the east. A public utilities plan was submitted with this development. The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15. S. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Building elevations has been submitted with this application. The elevations show townhouses comprised of materials consisting of rock, cement board and hardie board,lap siding,with pitched roofs, exposed timber frame and trellis features,with stone bases.Windows are included on many of the garage doors. The elevations demonstrate significant fenestration and modulation as well as a variety of roofline variation. Most buildings also include first floor covered porches and second story decks. Staff finds the elevations as proposed demonstrate high quality design,but the elevations of the vertically-integrated structures reflect a townhouse design rather than a commercial business. If the Planning Commission and City Council believe it important for vertically integrated buildings to include at least some portion of commercial use, as already mentioned, staff recommends a condition that at time of building permit,the ground floors of all vertically- integrated units meet occupancy class requirements for commercial structures. Page 12 Item 8. F204] VI. DECISION A. Staff: Staff recommends approval of the requested rezone,preliminary plat,development agreement modification and conditional use permit with the provisions as noted in Section VII.A per the findings in Section IX of this staff report. Page 13 Item 8. F 05 VII. EXHIBITS A. Rezone Legal Description and Exhibit Le-gal Description PAIN Subdivision Prop" Rezone—R-40 A parcel located in the SE Ya of the SE'/d of Section 35. Township 4 North, Range 1 Writ, Boise Meridian..Ada County. Idaho. arid more particurarly desObed as follows: Commencing at a Brass Cap monument rnarkrng the southeast corner of said SE 1/4 et the SE V..from which a 5/0 inch rebar marking the southwest corner of the 6E l of said Section 35 bears N Sg°14'45-VV a distanw of 2643.85 feet; Thence N 89'14'46" VV aloog the southerly boundary of said SE 'It of the SE 'K8 a distance of 244.80 feet to the POINT OF BMNNING. Thence continuing N 59`14'45' VV song the southerly boundary of said SE Y< of the SE N a distance of 145.20 feet to a point, Thence leaving said southerly boundary N 0'1519' E along the easterly boundary and the extension thereof of indsong Subdivision No_2 as shown in Book 100 at Plats an Pages 13M thru 13024, records of Ada County, Idaho, a distance of 657.50 feet to a 518 inch rebar marltirr-g t#re northeast corner c)f said tiNkndsong Subdmwin No. 2 Thence leaving said easterly boundary S 99c31'02" E a distance of 369.94 feet to a point on the easterly boundary of said SE '1/d of the SE'/,I Thence S 0"15'0+4" VV aioog said easterly boundary a distance of 125.00 fret to a paint; Thence leaving said boundary N 89`3V02"W a distance of 231 84 feet to a point: ThencL-S 11"28'58"bV a distance of 121.50 feet to a paint; Thence S 80°31 02" E a distance of 47.21 feet to a paint of curvature; Thence a instance of 42.30 feat along the arc of s 27.00 foot radius curve right, said curve ha%nnq a central angle of W46'05"and a long chord bearing S 44°37'59' E a distance of 38.1 1 feet to a point of tangency; Thence S 0"1604"W a distance of 223.18 feet to a Point; Thence N 90'00VT VV a diatatce of 87 15 fleet tc a point Therice S 0000'00"VY a distance of 160.98 feet to the POINT OF BEGINNING. This parcel contains 3.42 acres and iT,subject to any easements G1 existing or in use. r� Clmtan W. Wanseri, PLS Land Solutions. PC aacember 14,2021 OF Page 14 Item 8. F206] PAW SUBDIVISION REZONE EXHIBIT UWFLATTO SM'31'0fE 389.94' ry W. CRMS00 5T. 231.9+' —-�- 584'31•dQ'� LAlra 47.21' ' DF C-C t4NE o r " R-40 2M 53 3.42 ACRES w I r o W a ea f. 87-15' S9[YQ0'O0� dpin cc o � i 14&20' 4 p 35 J6 PORT OF �E IHWIHO �45,S OF VEARiHG PONT 4F 9EUMING R-40 24NE C 24NE 0 50 100 200 CURVE TABLE dlutirj CURE LENGTH RADIUS DELTA BEARING I CHORD � allrVVjft and Consulting 'JAI L 5TN gT STE F CI 4 _3D 27.44' 99`A6'OS' N44'37'S9"i4 3�11• s.wr, o aWu ",M,'M.2y4} f279J 2B9-Y=rl� - x.r.rrcuuy 6a Page 15 Item 8. F 07 B. Preliminary Plat Legal Description(date: 9/23/2021) Legal Description PAVIY Subdivision A pared located in the SE IA of the SE-,,,of Section 35,Towtlship 4 Noah, Range 1 Wast, Boise Meridian.Ada County, Idaho. and more particularly described a5 follows,. Corn mencinQ at a Brass Cap monument marking the southeast corner of said SE 'le of the SE A from which a 516 inch rebar marking the southwest corner of the 5E'f said Section 35 beam N 89'14'45"VV a distance of 2643 35 feet; Thence along the southerly houndary of safd SE '/, of the SE % N 69`14 45" VV a distance of 390.00 feet to a point. Thence leaving said southerly b❑undary N 0"15:19' E a distanw of 45 00 feet to a paint on the northerly right-of-way of VV. Ustick Road and the POINT OF BEGINNING, Thence coQntrming N 0"151R' E along the easterly boundary and the extension thereof of indsong Subdivision No, 2 as shown in Book 100 of Plats on Pages 13022 thru 13024, records of Ada County, Idaho, a dlstaoce of 61112.60 teetto a 51e inch rebar marking the northeast comer of said Windsong Subdivision No. 2: Thence Ieaving said easterly boundary S 89'31'02' E a distance of 344.93 feet to a point orf the westerly right-af-way of N. Linder Road; Thence along sasb westerly right-of-war the fallowing described murses: Ttlerice S 0°t 5'0.!V"VV along a line being 45.00 feet westerly of and parallel to the easterly boundary of said SE'b of the SE '/4 a distance of 291A6 feet i4 a point; Thence S 7-22'34"W a a stanne of 96.75 feet to a paint; Thence S 0'15'W VV along a line being 57 00 feet westerly of and parallel to the easterly boundary of said SE'/.of the SE'/4 a distance of 191.60 feet to a point; Thence S 45`30'09'W a distance of 49.28 feet to a point on the northerly 6ghl�f-way of VV- ltsttck road; Ttrenca along said northarly right-rf-way, being 48-00 Feet northerly of and parallel to the soutd,eriy boundary of said SE 'f4.of the 5E '1¢, N 89°14'46'W-3 distance of 297 99 feet to the PRINT OF BEGINNING. This parcel contains 4.77 acres and is sublectto any easernests o�KL LA NN , existing or in use. $T�7 p a { a 11118 M Clinton V11. Hans en. PLS , Land Solutions, PC -Y September 23, 2021 PO VJ Page 16 Item 8. F 08 C. Existing Development Agreement 5, CONDITIONS GOVERNING DIE ELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions. 1. Future conStruetion and development of the site shall comply with the standards listed in UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time of development. 2. Certificate of Zoning Compliance, Design Review and Altemative Compliance applications are rewired if the applicant proposes a change of use for the existing single family home to a non-residential use. 3. One(1)Certificate of Zoning Compliance(CZC) may be issued for the portion of the property that is located south of the right-in/right-out access point to Linder Road provided the existing home is removed. Additional CZ.C°s shall not be issued until a concept plan is suhrnitted and approved for the subject property.A concept plan shall be reviewed)with a future DEVEWPMENT AGREEMENT—JJA AWFxATION(AZ 09-005) PAGE 3 OF I I Page 17 Item 8. F 09 preliminary plat applicatiorr_ The following requirements shall apply to the development of the parcel: a. coordinate,design and cnnstructthe extension of W. Crossroad Street (public street) to Linder Roars and stub a public street to the undeveloped parcel to the north(# G435449905)with ACHD and the City of Meridian. b. }provide a 5'public accesslreereational casement in favor-of the City of Meridian measured from the back edge of 7-foot wide attached sidewalk starting at the western edge of the existing access on Ustick Road and continuing to the east property line, c. depict a 25-foot wide landscape casement along Ustick road and Linder road, 4. At the time of development for either portion(north or south)of the property, the applicant shall construct a 10-foot wide multi-use pathway beginning on the western edge of the existing access to Ustick Road, proceeding northinorthwest connecting to the existing service road on A HD°s drainage site located at the wesiem boundary_ An easement shall be provided for public access to and maintenance of the pathways; contained within an easerent agreement or noted on the plat. The City will not assume maintenance of the pathway until it connects from one major arterial road to another, unless otherwise agracd to by the Parrs& Recreation Department. 5, The applicant shall be responsible for obtaining a Flocdplain Development Permit and secure approval prior to any construction beginning on the site_ 6. Development of the subject property shall comply with the U-Cr standards listed in UDC 11-2B-3 and the allowed uses in Table 11-2H-2. 7_ All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. The applicant shall be responsible for all cosh associated with sewer and water service installation. 9. The applicant shall construct a 5-foot pathway within the subject property providing int=onnwivity to the 10-foot pathway planned for the party along Ustick ]load, The applicant shall provide a pedestrian circulation plan for review and approval by the planning Department with the submission of a concept plan or the first CZC application. Page 18 Item 8. F 10 D. Preliminary Plat(date: 9/22/2021) +x+"TED o r i�] r LI r xc7P �� R7+ ;prr IJ� �lor we T may• , T L rwrf I.lm I.M VAN LIIY 1J1` g �,. r .•' ` } N. x ` rs, w I ] If 1 I�— c I R I _�1 } 3 J II 'ry I ,Fug 'H i�41 8L IIILDl G=_ xo j IC ��•... fiuo e � , 1 i �S rw�Ar L I ,flf/'' I i«n F, BU Lol G= i I • , -. I � � � I � II 3&r h® llrl 1AP -JW ROW �• dl t,�, I It 6 401514'E + 15'. FJIr'I 1 Y •aes w�- ` � �:f �GN �P T.'sTIG�C .--"-� 15 ........... -..,�r� e F•� Page 19 Item 8. F211] E. Concept Plan—Remarked(date: 12/20/2021) a, '` ❑'. z.; CROSSWINDS STREET CROSSWINDS STRE. 74 EDINGTON COMMONS - I - i R-15 ZONING i E u Only one walkway i pathway D G _ connection per building k ■ SAWTOOTH LANDING OFFICE CONDOMINIUMS CD Staff recommends this4r CC pathway segment be t CC ZONING removed F z H J Connection b-o provided here - Page 20 Item 8. F 12 F. Landscape Plan(date: 9/9/2021) 1 t 1 1 ' M 1 � f I - II 1 I IT 21"1 '.E-- �._., .��.sJ• cY. 7r�nA 73.,�,. ' II 1 I Er, 1 1 I ftil '; I E Ma , S+f, -•I 'I * I Eh T + P J FJLOGIf 3 1 1 4 ❑'IVETHRDLJGH I¢r '? s --4a _ — � s • F3 F Ft4:sr, # I li 1 -IFF. I I 1 ' r 595 , t• as — '_ k �7 1 a� Ian P.aT� +°°' I� �} iJI I I a @ I 1 I �° •mot - -�e � J — Ifr I Y M I H �- � Page 21 Item 8. F 13 __4mr L7-i—l nms 4 a !. f ! Fm . I e + f I - 4 •�'J �r I �� I 1 �I•� r[ � - } } 1 C � I �I •11 I 1 I ix V,L , n I 4c x 3,7 III, E -:IT- 14 r1 b.,, ---- SE81'E EASE.' - _I REALIG.4MEl%7 EASEMENT W UST CK 1?,r, -- — — — - Page 22 Item 8. F214] G. Building Elevations: 12/20/2021) C ;�r :: �w BUILDING 'AEl ffn FFCiNT ELEVATION dtt T- —' ter; — _— ❑o kL � , i� � '000 � eeoo� ee' ��� >3� �. i� of ❑� , KEAK ELEVATION rr-7 u L Ef7 ELEVATION I I hT ELEVATION Page 23 Item 8. 215 OWE oil "J ' V- nj a [lines BUILDING 'C' BUILDING 'D' Page 24 Item 8. 216 Vertically Integrated Building Facing Linder Rd looms mom ME BUILDING 'G' Vertically Integrated building facing Ustick. ■■■■■■ �■ ■■�■■m =- fir- ■ In ■■soon ■■ \\\\*k lint ■■ � °pia �� _-nk - - ■■ � mom— HOW EA BITILDING 'H' Page 25 Item 8. F217] VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Site Specific Conditions of Approval 1. Prior to approval of the rezoning ordinance, a new DA shall be entered into between the City of Meridian,the property owner(s) at the time of rezone ordinance adoption, and the developer. The DA shall be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting the rezoning and DA modification. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be generally consistent with the conceptual site plan, landscape plan, and elevations submitted with the rezone application contained herein. b. At time of building permit,floor plans shall be submitted that indicate the ground floors of all units shown as vertically integrated structures meet occupancy class requirements for commercial structures. c. Buildings on the north side of W. Crosswind St. shall be vertically-integrated buildings. Buildings G and H at the southeast corner of the site may be vertically integrated structures OR townhouses. d. At time of CZC or plat,public accessibility for the central open space shall be specified in the CC&Rs,maintenance agreement or property owner's association agreement. e. At the time of CZC or plat,an executed shared-parking agreement between the commercial lots and the vertically integrated structures shall be submitted. f. Building D along the western property line shall be broken into at least two groups of buildings,with the break occurring approximately in the vicinity of Lot 19,Block 3 of the Windsong Subdivision No 2. 2. All private streets shall meet the requirements of UDC 11-3F-4. 3. All common lots, streets and alleys shall meet the requirements of UDC 11-6C-3. 4. There should be a consistent architectural theme throughout the development. Administrative design review will be required for all new attached residential structures containing two (2) or more dwelling units. Design review and certificate of zoning compliance will be required for any commercial buildings or vertically-integrated buildings. Page 26 Item 8. F218] 5. The Director has approved a request for private streets as required per UDC 11-3F-4. 6. The preliminary plat, dated 9/22/2021, shall be revised as follows: a. Per UDC 11-3B-7, all arterial street buffers shall be on a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners'association. b. Residential street buffers shall be on a common lot,maintained by a homeowners' association. c. The development table shall be updated to indicate 2 vertically integrated residential lots, verses 12. d. Parking spaces shall be subtracted out of all areas indicated as useable open space. 7. The landscape shall be revised as follows: a. The additional pathway along the south perimeter shall be removed,and the sidewalk along W.Ustick Rd shall be widened to a 10 ft.wide pathway along the property line,with a 10 ft. wide connection to the Five Mile Creek Pathway at the west perimeter of the site. b. The pathway shown along N. Linder Rd shall be revised to include only the existing 7 ft. wide sidewalk. c. There shall be no more than one walkway per building connecting to the pathways and sidewalks along W. Ustick Rd. and N. Linder Rd. d. A landscape buffer of at least 5 ft. in width,meeting the planting requirements of UDC 11- 313-9, shall be required along the northern property line or as otherwise required by UDC 1I- 3B. 8. The developer shall comply with the specific use standards for vertically-integrated projects as listed in UDC 11-4-3-41. 9. A conditional use permit shall be required for the drive through establishment shown on the commercial lot. 10. Off-street vehicle parking shall be provided on the site in accord with UDC 11-3C-4 for townhouses,commercial buildings and vertically integrated projects. 11. Direct access to N. Linder Rd. and W.Ustick Rd. is prohibited. All existing curb cuts shall be replaced with curb, gutter and sidewalk. GENERAL CONDITIONS OF APPROVAL 1. 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. 2. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 3. Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 1I- 3A-6, 11-3A-7. 4. Comply with all bulk,use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 5. Install lighting consistent with the provisions as set forth in UDC 11-3A- Page 27 Item 8. F219] 4. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-1. 5. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. B. PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. Easements for combined water/sewer mains outside of right-of-way must be a minimum of 30- foot-wide with the minimum separation between mains; additional width may be required if minimum distance is not maintained. 2. No permanent structures can be placed within a City easement including but not limited to buildings, carports, overhangs/eaves,trees,bushes, light poles, infiltration trenches,trash enclosures,etc. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per Page 28 Item 8. F220] UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. 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. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. 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. Page 29 Item 8. ■ 19. 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. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at httq://www.meridiancity.org1public_works.aVx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. MERIDIAN FIRE DEPARTMENT https://weblink.meridiancily.org/WebLinkIDocView.aspx?id=250947&dbid=0&redo=MeridianC fty D. ACHD https://weblink.meridiancily.org/WebLinkIDocView.aVx?id=253599&dbid=0&repo=MeridianC Ry E. WEST ADA SCHOOL DISTRICT https://weblink.meridiancily.org/WebLinkIDocView.aspx?id=255718&dbid=0&redo=MeridianC ky F. NMID https://weblink.meridiancily.org/WebLinkIDocView.aspx?id=251526&dbid=0&r0o=MeridianC iv G. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=251853&dbid=0&repo=MeridianC iv Page 30 Item 8. F 22 IX. FINDINGS Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: A. ZONING 1. The map amendment complies with the applicable provisions of the comprehensive plan; This is a proposal for rezoning of 3.42 acres of subject property from CC to R-40 to allow townhouses. This complies with the applicable provisions of the comprehensive plan,particularly to provide a diversity in housing opportunities and to encourage infill development. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment to R-40 and the development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Staff ,finds with the recommended conditions of approval the proposed R-40 map amendment should not be detrimental to the public health, safety and welfare as the property is on an arterial intersection, sufficient buffering and parking is provided, and the property is surrounded by single family attached, multifamily, and commercial uses. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The map amendment(as applicable)is in the best interest of city. Staff finds the proposed rezoning is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. PRELIMINARY PLAT In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord.08-1372,7-8-2008,eff.7-8-2008). Page 31 Item 8. F223] Staff finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VII. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff ,finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Staff finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Staff finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health,safety or general welfare; and Staff ,finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural,scenic or historic features.(Ord.05-1170, 8- 30-2005,eff. 9-15-2005) There is an existing floodplain and Five Mile Creek at the southwest portion of the property. These features are shown to be preserved in a common lot. C. CONDITIONAL USE The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following,and may approve a conditional use permit if they shall find evidence presented at the hearing(s)is adequate to establish: 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. Staff finds that if the site is designed in accord with the site plan and landscape plan shown in the exhibits and the conditions of approval, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-40 zoning district for townhouses. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. As described in the staff report, the proposed multi family residential use in the R-40 zone meets the objectives of the Comprehensive Plan and UDC. Page 32 Item 8. F224] 3. 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. This proposal would allow 33 townhouses on an arterial intersection, surrounded by multi family detached and attached, commercial and multifamily uses. Sufficient buffering and landscaping has been provided, there is satisfactory parking, and the elevations reflect high quality design. The general design, construction, operation and maintenance of the use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. As mentioned above, staff finds the proposed townhouses will not adversely affect other property 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. Essential public facilities and services are presently serving the existing development. Sanitary sewer, domestic water and irrigation can be made available to additional property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. 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. Staff finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes there will be a small increase of traffic and noise with the approval of this development; whenever undeveloped property is developed the amount of traffic generation does increase 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. Stafffinds that the proposed development will not result in the destruction, loss or damage of any natural feature(s)of major importance. Page 33 Item 8. F 25 D. PRIVATE STREETS (UDC 11-317-5): In order to approve the application,the Director shall find the following: 1. 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. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. 2. The design of the private street meets the requirements of this article; The private streets meet the design requirements of not connecting to an arterial street, allowing sufficient maneuvering for emergency vehicles, not serving more than 50 units and meeting the minimum width of 24 feet. 3. Granting approval of the private street would not cause damage,hazard, or nuisance, or other detriment to persons,property,or uses in the vicinity As these are private streets internally contained within this development connected to adjacent properties by public streets, there is adequate parking provided and Meridian Fire and Police have not expressed objections, the Director finds approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. As listed above in the Comprehensive Plan analysis, the Director finds the use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. D. The proposed residential development(if applicable)is a mew or gated development. The majority of the townhouses are clustered around a mew with their entrances facing the open space. This would be considered a mew development. Page 34