Loading...
2022-08-04 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, August 04, 2022 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT Commissioner Andrew Seal Commissioner Maria Lorcher Commissioner Nathan Wheeler Commissioner Mandi Stoddard ABSENT Commissioner Patrick Grace Commissioner Nick Grove Commissioner Steven Yearsley ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Stoddard 1. Approve Minutes of July 21,2022 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for Hickory Warehouse (H-2022-0040) by Cushing Terrell, Located at 1135 N. Hickory Ave. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 3. Public Hearing continued from July 21, 2022 for Lavender Place Subdivision (H- 2022-0036) by Breckon Land Design, Located at 2160 E. Lake Hazel Rd. Recommended Approval to City Council A. Request: Preliminary Plat consisting of four (4) single-family attached building lots and 26 single-family townhome lots on approximately 3.79 acres of land in the R-40 zoning district. B. Request: Conditional Use Permit to construct the requested 26 townhome lots within the R-40 zoning district. Motion to recommend approval to City Council made by Commissioner Wheeler, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Stoddard 4. Public Hearing for Torino Locust Grove Subdivision (H-2022-0038) by Jeremy Rausch, Located at 870 S. Locust Grove Rd. Recommended Approval to City Council A. Request: Annexation and Zoning of 1.03 acres of land from R-1 in Ada County to the R-8 zoning district. Motion to recommend approval to City Council made by Commissioner Stoddard, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Stoddard 5. Public Hearing for Overland & Wells II (H-2022-0030) by Morgan Stonehill Partners, Located at 2600 E. Overland Rd. Recommended Denial to City Council A. Request: Development Agreement Modification to change the existing development plan (Inst. #2016-060157) on the northern portion of the site from a retail grocery store to multi-family residential. B. A Conditional Use Permit for a multi-family development consisting of 351 apartment units on 11.65 acres of land in the C-G zoning district at a gross density of 30.21 units per acre. Motion to recommend denial to City Council made by Commissioner Wheeler, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Seal, Commissioner Wheeler, Commissioner Stoddard Voting Nay: Commissioner Lorcher 6. Election of Planning & Zoning Commission Vice-Chair Motion to nominate Maria Lorcher as Vice-Chair made by Commissioner Wheeler, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Seal, Commissioner Lorcher, Commissioner Wheeler, Commissioner Stoddard ADJOURNMENT 8:03 p.m. Meridian Planninq and Zoning Meeting August 4, 2022 Meeting of the Meridian Planning and Zoning Commission of August 4, 2022, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher, Commissioner Nate Wheeler and Commissioner Mandi Stoddard. Members Absent: Commissioner Steven Yearsley and Commissioner Patrick Grace Others Present: Chris Johnson, Joy Hall, Bill Parsons, Sonya Allen, Joe Dodson and Dean Willis. ROLL-CALL ATTENDANCE X Nate Wheeler X Maria Lorcher _X Mandi Stoddard (Vacant) Steven Yearsley Patrick Grace X Andrew Seal - Chairman Seal: Good evening and welcome to the Planning and Zoning Commission meeting for August 4th, 2022. At this time I would like to call the meeting to order. The Commissioners who are present for 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 any questions until the public testimony portion. If you have a process question during the -- 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. ADOPTION OF AGENDA Seal: Okay. The first item on the agenda is the adoption of the agenda. There are no modifications, so can I get a motion to adopt the agenda? Wheeler: So moved. Stoddard: Second. Meridian Planning&Zoning Commission August 4,2022 Page 2 of 38 Seal: It's been moved and seconded to adopt the agenda. All in favor say aye. No opposed, so motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of July 21,2022 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for Hickory Warehouse (H-2022- 0040) by Cushing Terrell, Located at 1135 N. Hickory Ave. Seal: Next item on the agenda is the Consent Agenda and we have two items on the Consent Agenda. The first is to approve the minutes of the July 21 st, 2022, Planning and Zoning Commission meeting. Second is the Finding of Facts and Conclusion of Law for Hickory Warehouse, H-2022-0040. Can I get a motion to accept the Consent Agenda as presented? Lorcher: So moved. Stoddard: Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor say aye. No opposed, so motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: Okay. 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 our 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 is 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 our website to testify. You will, then, be unmuted in Zoom or you can come to the microphones in Chambers. You will need to 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 to the meeting it will be displayed on the screen and you will -- either you or the clerk will run the presentation. 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 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 on Zoom, please, press the raise hand button in the Zoom app. If you are only listening on a phone, please press star nine and wait for your name to be called. If you Meridian Planning&Zoning Commission August 4,2022 Page 3 of 38 are listening on multiple devices, such as a computer or 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 you will be -- oops. Oh, got you. You will be -- you will return to your seat in Chambers or you will be muted on Zoom and 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 and respond. When the applicant has finished responding to questions and concerns we will close the public hearing and the Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] ACTION ITEMS 3. Public Hearing continued from July 21, 2022 for Lavender Place Subdivision (H-2022-0036) by Breckon Land Design, Located at 2160 E. Lake Hazel Rd. A. Request: Preliminary Plat consisting of four (4) single-family attached building lots and 26 single-family townhome lots on approximately 3.79 acres of land in the R-40 zoning district. B. Request: Conditional Use Permit to construct the requested 26 townhome lots within the R-40 zoning district. Seal: With all that, at this time I would like to continue the public hearing for Lavender Place Subdivision, H-2022-0036, and we will begin with the staff report. Dodson: Thank you, Mr. Chair, Members of the Commission. Good evening. First one before us tonight -- I actually want to go ahead and share my screen -- is Lavender Place Subdivision preliminary plat and conditional use permit. Amongst a private street application, as well as three alternative compliance requests. It's simple, but yet complicated, so bear with me. The site consists of approximately 3.8 acres, zoned R-40, located 2160 East Lake Hazel, directly north of Discovery Park here east of -- what is that? East of Locust Grove. The application is for a preliminary plat consisting of four single family attached building lots and 26 single family townhome lots on 3.8 acres. A conditional use permit to construct the townhome lots within the R-40 zoning district and, as I noted, the private street application for access and three alternative compliance requests for common drive standards, private street standards and off-street parking. Lavender Place is -- was annexed into the city in 2020 as part of Lavender Heights. Part of the -- as part of this annexation the subject site was approved with the R-40 zoning district. The applicant is proposing the project to be largely alley loaded, with all but two of the proposed units fronting on green space to comply with the private street applicability standards. Subsequently multiple detached sidewalks are included for added pedestrian connectivity through the site. With the proposed plat of 30 residential units and the Meridian Planning&Zoning Commission August 4,2022 Page 4 of 38 requested land use of alley loaded single family attached and townhome units, the applicant is -- is introducing a new housing type to the overall Lavender Heights Subdivision. In addition, the proposed placement and site design offer great connectivity to the nearby Discovery Park, which is directly to the south across Lake Hazel. It also has great access to the remaining open space and amenities within Lavender Heights to the north. According to the submitted conceptual elevations, which is here, and the applicant also has more in their presentation, the applicant is proposing to construct these homes with similar style and materials as the detached single family in the Lavender Heights Subdivision to the north. These facts make staff more like -- staff supports the project in terms of the Comprehensive Plan, as well as to be compliant with the previous approvals. The project does comply with all UDC requirements, except for those related to alternative compliance requests. The applicant is requesting alternative compliance to the private street standard that prohibits a common drive from taking access from the private street. Also requesting alternative compliance to the off-street parking standards for the parking pad requirement for three and four bedroom homes and alternative compliance to the common drive standards requiring no more than three lots off of one side of the common drive. The staff and director have approved these requests, but have offered an alternative solution to the requested off-street parking alternative request. Per the submitted parking exhibit, the applicant is proposing to alternative comply with the off- street parking standards by providing 18 parking spaces that will be designated for each specific unit as color-coded here. Each of the proposed units is shown with a two car tuck-under garage, providing the required off-street parking for two-bedroom homes and meets the requirement of a two car garage for a three bedroom and four bedroom unit. However, due to the odd shape of the parcel that creates the constrained building area, the applicant has proposed private streets and an alley loaded project that does not readily allow for the required 20 by 20 foot parking pad for each unit that contains three or four bedrooms. The applicant placed the parking spaces directly across the private street from each unit to minimize the distance that future homeowners would have to traverse to access their designated parking spaces. In addition to the 18 parking spaces designated, the applicant shows seven additional guest parking spaces, which might be a little hard to see, but there is three here -- one, two, three -- three here and one here, which would be seven total. Note that parking is prohibited on the private street, as well as along Lake Hazel to the south and South Bloomerang to the west. So, there is no available on-street parking surrounding this development, unless they parked within the local street here, which would be very illogical. Staff does find that the applicant's proposed alternative as shown here is one option of meeting the intent of the off-street parking requirements when accounting for the required density of the development agreement, which has a minimum of 30 units, as well as the site constraints and limited access for the site. However, upon further review staff is recommending a modification to this request. Staff recommends one parking space is allocated for each three or four bedroom unit, instead of the two. So, basically, take the colored dots and cut them in half. This would allow the applicant to increase the number of guest spaces from seven to 16, which makes for more flexibility -- flexibility in their use for future residents and guests of the community. It is difficult to predict the number of cars that each unit will produce, so staff finds that this is a more prudent solution to offer additional spaces for the entire development and not just the units with more bedrooms. There are multiple Meridian Planning&Zoning Commission August 4,2022 Page 5 of 38 ways to do this due to the site constraints. One of them would be for Commission or Council to recommend that no three or four bedroom units are allowed. Basically limit the number of bedrooms with the plat to two-bedroom units only. Commission and Council -- Commission can make that recommendation. Council would have to agree to that. Staff's other recommended site design revision is regard to adding a micro path lot to the -- to the development to further north-south connection through the project. So, staff recommended adding a micro path connection here, which would require this building -- it can shift ten feet or a mix of this building slightly shifting to the west and this one shifting to the east in order to accommodate a five foot micro path lot and two and a half feet of landscaping on each side. This would allow the applicant to add an additional sidewalk segment around -- or sorry. I would include adding an additional sidewalk segment by the plaza as well. So, basically, connect these sidewalks here and here -- and this is for the purpose of increasing the north-south connectivity through the site, because this is great and it's a great connection, but it just stops and, then, there is no real sidewalk or pedestrian connection for residents to get to the arterial sidewalk or the collector sidewalk, which would, then, allow them easier access to Discovery Park. So, that's why staff is recommending this. Staff does also have concerns with the placement and design of the driveways for Lots 32 and 33, which would be these ones here. Due to the design of the private street, both of these driveways are deeper than five feet, which is the minimum garage setback for an alley loaded product, but are not 20 feet deep to accommodate an actual off-street parking space. So, staff is concerned that these substandard driveways will encourage residents to park, but would also inherently inhibit safe vehicular movement around this curve near the entrance of the site. There was no written testimony as of about 4:00 p.m. today. Staff does recommend approval per the conditions in the staff report and I will stand for any questions. Seal: All right. Thank you very much. Would the applicant like to come forward at this time? Good evening. Just need your name and address for the record and the floor is all yours. Breckon: Jon Breckon. Breckon Land Design. 6661 North Glenwood Street, Garden City. I have prepared a -- a short presentation that's very similar to Joe's and like to thank Joe. He's always a pleasure to work with and we have worked judiciously on this project to get to where we are today. It is a difficult site due to the shape and -- and some of the site constraints. With that I will -- I will proceed. Next slide, please. So, this is just general overview, kind of reiterating Lavender Heights Subdivision, which you may be familiar with, and Lavender Place, which is on that Lake Hazel frontage. The triangular shaped property -- it's between Lake Hazel and the canal on the north. Next slide. This is a -- this is an overview of Lavender Heights and the subdivision that's in the works on the north side and you can see the canal kind of wraps the property and bisects Lavender Place from the -- the rest of the development. There is also -- there is a -- a ten foot wide regional pathway that parallels that path or the waterway and also cuts through the north side of Lavender Place and that was one of the things we are trying to integrate into this design. Next slide, please. So, here is a bit of a zoomed in view. Our goal is to maximize the density and -- and -- and meet the original intent and goals of the project and what this design shows is that these -- these dwelling units front to the exterior on pathways on Meridian Planning&Zoning Commission August 4,2022 Page 6 of 38 all sides and so you can see -- you know, we have got that regional pathway along the north and the -- the -- the entry -- the pedestrian entry to those units have a shared sidewalk that exits out onto that pathway. It's a similar situation on the west side on the Bloomerang frontage, as well as on the south side, Lake Hazel frontage, we have the same -- same design with the front door facing the green space and so that's made things very efficient for us and allows for minimizing the vehicular access into the site with, essentially, an alley load type of -- of design. Here is -- it kind of reiterates the building design and elevation. All of the units will be two-story and, then, there is a mix of two to three bedroom units, trying -- there again trying to maximize that density. Well, this is, essentially, the same thing I just talked about -- FLUM designation that's -- that is that frontage on the green space where the door -- front door faces the green space and this is a good slide, too. It kind of shows part of our site constraint, you know, is -- is that -- that Farr Lateral, that irrigation ditch on the north, which is an amenity in itself, but it is a -- it takes up a large square footage of the site and that triangular shape was -- was part of our challenge. So, this slide identifies those -- those similar options. We got to the ten foot regional pathway and, then, we are proposing a -- a plaza picnic space as an amended -- added amenity that ties into that pedestrian way and, then, noted that Discovery Park is to the south and trying to allow for that pedestrian connection and use as additional amenity. This is -- shows that --that parking and I should probably go ahead and say, you know, I have read through the staff report and we -- we are in agreement with Joe's recommendations and are -- would -- are willing to comply with the conditions of approval, be that -- you know, I guess it was -- but the parking modification to allow for more visitor parking was one of those items. You know, right now on this plan what they are showing there is the same thing where we have got two parking stalls for each of the three bedroom units and -- you know, but switching that to allow for more visitor parking, that's fine with us. So, this identifies that all -- that -- that corner there and I think we have a solution. I don't see that as an issue. We are glad to make that modification, as well as extending the pathway in between the units on the south to allow for that pedestrian connectivity and extending the sidewalk on the south as -- as Joe had mentioned. We have worked very closely with -- with Joe, as well as the fire marshal, to come up with this design and make sure we are -- we are meeting all of the needs of the city, allow for adequate emergency vehicle access. I think I just spoke to that. That -- that's the -- this is actually the -- the old multi-family concept that was used when we started the project two years ago. But that -- that's there -- is there if we need to discuss it. Stand for questions. Seal: Okay. Anybody have any questions for the applicant or staff? Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: Staff expressed an idea of possibly changing the three bedroom units to all two bedroom units. Is that something that you and staff considered in regard to establishing more parking? Meridian Planning&Zoning Commission August 4,2022 Page 7 of 38 Breckon: We had considered that. We -- we had talked through that option. You know, one of the big goals was to try to maximize density here as -- you know. And originally it was slated to be multi-family and so this is -- is kind of where we landed on that point to try to provide a mix of -- of housing option, as well as maximize that density and provide adequate parking. All the units do have two car garages, but, then, you know, per the code the -- the three bedroom units need to have additional parking available and due to the alley load concept that we have here where, you know, the -- the garage side fronts that private lane, they do not have a traditional 20 foot driveway in front of the garage. Lorcher: Okay. One other question on Bloomer -- Bloomerang Avenue, is that lighted at Lake Hazel? Is that a -- a street -- a signal or is it just a -- a turn in; do you know? Breckon: I don't know off the top of my head. Joe, so you know? Lorcher: Is there a signal? Dodson: Mr. Chair, it is not lighted. No. It is a -- there is a right-hand turn lane off of Lake Hazel, though, into this -- onto that collector road. Lorcher: So, for the safety of the community of Lavender Place to be able to access the park across the street, what would be the way to be able to access that park safely? Breckon: That's a great question. I know that Lake Hazel is slated for road frontage improvements by ACHD. Due to the -- the timing of the project those have not been installed at this time. I do know that that ten foot wide regional pathway that comes through there -- you can see on this overall plan extends to the east and I anticipate that it -- it continues on and that there would be a crosswalk at that location to allow that crossing. Dodson: Mr. Chair? Seal: Go ahead. Dodson: Yeah. This -- this is a great question, Commissioner Lorcher. This came up at the original hearing for Lavender Heights. The other collector road -- so, we kind of have one at the quarter mile and, then, on the south side is going to be one at the half mile, directly east of the fire station lot, which is right here, that is where the anticipated crossing for the multi-use pathway would be located. Not at the Bloomerang one. Seal: Any follow up? Good. And I will state the question a little more plainly. I guess how disruptive is it going to be if we recommend to make all these two bedrooms? Because in my mind -- I mean a compromise to me isn't -- we are going to let you go without parking by minimizing the amount of parking that you have to provide. The parking's necessary. We have seen that it's necessary. Every time we try and make any concessions like this it turns into problems and, you know, unfortunately -- and, again, sympathize for this piece -- you know, I will call it in-fill. These -- these lots -- they are Meridian Planning&Zoning Commission August 4,2022 Page 8 of 38 tough. They are really tough. And -- and I -- I like what you have done here. That said, you know, I mean the parking is going to be an issue here and I -- especially the one parking spot that you have in the hammerhead there. That one, it would be nice to see that one go away for sure, to have this limited to two bedrooms. I'm a member of an HOA and kind of rules like this that are self governed, you know, oh, that's my parking spot, not your parking spot, that's just -- neighbors are going to turn against neighbors in that as well. So, personally, I would like to see just the two bedrooms in there, so I -- you know, hopefully it still pencils out for you I guess is the question. Breckon: Mr. Chair, our preference certainly would be to stick with the three bedrooms. Maybe we could work with staff to -- to look at the -- what that differential is. I understand your sentiment on the parking. However, I would also reiterate that we have worked quite diligently with staff to make sure that we do meet and provide adequate parking for all these -- these units. We could maybe take another look at it if we could at least have some three bedrooms in there. I guess if -- if -- I guess the question would -- would be, you know, we are meeting -- we are meeting the -- the code requirements at this point, what -- what are we going to hold ourselves to if we are going to modify that? Is there a certain number that we need to hit or -- you know, if -- if we are meeting the -- the letter of the code what -- what -- what differential there would -- would be appropriate? Seal: Okay. Yeah. I understand that. I mean -- and it sounds like you guys have done significant amount of work with staff and -- I mean to be honest with staff recommending just one parking spot as a concession, that's -- I -- I tend to try and support staff in -- in the decisions they make, so they are infinitely more wise than I am in a lot of ways. That said, this one just -- it's a tough one for me personally, so -- Breckon: Maybe also to just note that each one of these units does have a two car garage and a majority of them are two bedroom already. Seal: Understood: As far as the -- like trash services and things like that, how do you envision that happening? That was another big one that I had here is like how are you going to get a trash truck in there and how does everybody have a trash can out there on trash day? Breckon: Well, the -- the roll-away trash units would be -- would fit into the garage and, then, that is part of the reasoning to have that five foot apron in front of the garages there. It is a very efficient design. Seal: Okay. All right. Anybody else have questions? Wheeler: Mr. Chair? Seal: Go ahead. Wheeler: Hello, Jon. Got a question for you concerning the --that -- I think it's lot number one, which would be up in the very top left corner right when you come in through the Meridian Planning&Zoning Commission August 4,2022 Page 9 of 38 main bend -- yeah, come right down. So, I guess right below that where the lot would be for the dwelling. Okay. Then I'm doing the wrong one. Sorry. Go to your left. I'm sorry. Go to your left and it's that one right there. Yeah. There we go. Thank you. Thank you. Thanks for your help. On -- on that one right there that's the only one -- are those two -- those -- those units there or that building there is the only concern on my side is just seeing people entering and exiting there, because of all of the -- all the traffic that's going to be back towards there maybe wanting to exit. Are you guys fine with like putting up signs that would say like no trailer parkings, no on-street parking? I mean just extra signage, just to ensure that when people go buy toys with the -- the great RV financing that's out there and they start stacking them up in these things, because that's what's going to happen, there -- that's going to be a tight tight squeeze right there, so -- because most of the -- most of these garages will be used for storage and, then, somewhere these people are going to try to park their vehicles. There is also some -- Breckon: Mr. Chairman, Commissioner Wheeler, yes, signage -- signage would be welcome to reiterate the necessity to park appropriately and, you know, I guess that's -- that's -- this sort of housing style is not appropriate for, you know, RV parking or the folks that have extra toys, let's say, and they are very efficient, they are geared towards, you know, maybe a starter home for a young couple, a two-bedroom unit or, you know, someone who has an active lifestyle and travels a lot or maybe an older couple, that sort of thing, that, you know, doesn't want a lot of yard maintenance, doesn't have a lot of stuff and, you know, doesn't require a three or four car garage with -- with RV parking and so all those items should be clear at the -- at the time of purchase. Wheeler: I would -- I would hope so, but people have a way of just expanding stuff and that's where it's kind of like --just to make sure that that doesn't happen; right? I mean it just -- it just happens, you know, once they get settled and that's why I'm kind of with -- with the staff's recommendation, too, on just making it two -- two bedrooms through there, because I just know it's going to get throughout the whole area, because I'm just -- it just seems that that's going to just cause more and more congestion, and more stuff, more and more space is being taken up. Breckon: Mr. Chairman, Commissioner Wheeler, I -- I -- I understand and, you know, there, again, with like -- we have worked with staff diligently to provide parking and to maximize this space. You know, this -- this -- we are seeing more and more of this housing style and these efficient designs throughout the valley, whether it's a multi-family or single unit design such as this, there is -- there is definitely a need for this type of building and it is apparent that the folks that are producing these are -- are on board with that. There is quite a few you see -- we -- actually, we have been seeing a lot more of this design in in-fill projects in Boise and I don't anticipate that it's going to be an issue. We could certainly work with staff to adjust the parking a little bit further and -- and try to meet that percentage that we are -- we are looking to accomplish. Wheeler: Very good. Thank you. Dodson: Mr. Chair? Meridian Planning&Zoning Commission August 4,2022 Page 10 of 38 Seal: Go right ahead. Dodson: Thank you. I just wanted to clarify two things. One, the private street has to be signed no parking fire lane per fire code. So, we will definitely be good on that. That's going to be per our Fire Joe, so it will be good there. I had another point and I just spaced. Oh. The comment about the two bedroom versus -- limiting the two-bedroom. I did not include that as a recommendation as a condition. I included it in the text and the analysis of my staff report. So, if that is something that Commission is going to do, that would be a new condition. Welcome. Seal: Thanks, Joe. Anybody else? All right. Thank you very much, sir. All right. At this time we will take public testimony. Is there anybody signed up? Hall: Is it on now? Okay. Mr. Chair, there is nobody signed up online or in person. Seal: All right. Nobody raising their hand out there. I don't see anybody raising their hand online. Anybody in Chambers? Oh. Go ahead and come on up. Give us your name and address for the record. Merrill: My name is Taylor Merrill. I'm with the Westpark Company. We are the developer of Lavender Heights. Seal: Your address, please. Merrill: My address is P.O. Box 344, Meridian, Idaho. 83680. Seal: Thank you, sir. Go ahead. Merrill: We appreciate the opportunity to have this presentation and --and, again, working with Joe and staff, it's been kind of a -- I think it was one of your first projects, Joe, when we -- when we broke ground on this thing and it went from 90 lots to 191 lots over to -- to satisfy some density. This particular lot was 48 units. We had eight -- eight -- what is that, eight six-plexes, something like that initially, and have -- and -- and we have gone through the formal conditional use process. I think we had to modify the development agreement in order to get to this point to shave it down and to make that parking work. We think it's really important to have a mixed-use. In working through the design group on this, we have five products in Lavender Heights and kind of some large perimeter lots. We have got some single family traditional stuff. We have got an alley load product in there and we also have a courtyard product in there to achieve or to fit the many lifestyles, if you will, or the demands of homes, so to speak. When we refer to two and three bedrooms, it's important to us to have that mix and we worked hard on that mix. We worked really hard on that mix to accommodate and to shift and wiggle that parking in. It was important to us, you know, to have the presentation or the functionality of this development, particularly in this component, and -- and to come from kind of maybe a multi-family or into this -- we are excited about this project and I -- I would just like to stress that, you know -- I mean these aren't three car facilities, so to speak. You know, Meridian Planning&Zoning Commission August 4,2022 Page 11 of 38 this is going to be a couple. This is going to be maybe a younger group. And we really need to preserve that third bedroom -- it's an office application, guys, is really what it is. It's that third amenity, so to speak. And our mix of it -- I don't know exactly what that number is, whether it's two to one or half and half. I -- I don't recall that off the top of my head. But I thought we worked well on the mix and we would really appeal to -- to -- to -- to maintain the -- the -- the report -- or the recommendations that the staff has to keep that mix in there. We don't think it will be a burden. We looked at the -- you know, again, working with -- with Joe and the fire department and all that to make this work. Jon brought up that one shot, but what did we have on this, eight, nine reiterations of it to get to this and we are excited about this little plat. It works well. The -- the flow in it and the private streets. So, again, I appreciate your -- your interest in this and what you guys are doing up there. It's really exciting in the -- in the whole of what we see going on in south Meridian right now. But I would ask that we support staffs recommendation and keep that mix in there for us, so we can have that application, and I think we have thought through that parking concern, that would -- that would later -- or -- or, you know, with that -- that flow. Seal: Okay. Merrill: Thank you. Seal: Thank you very much, sir. Appreciate it. All right. Anybody else in Chambers would like to come up? No? All right. I was going to say -- would the applicant like to come back up and say anything else? If not, you can signify no. Signify no. Okay. Thank you very much, sir. I appreciate that. So, at this time can I get a motion to go ahead and close the public hearing for Item No. H-2022-0036? Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0036, Lavender Place Subdivision. All in favor say aye. No opposed, so the motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: Okay. Who wants to go first? Lorcher: Mr. Chair, I will. Seal: Go ahead, Commissioner Lorcher. Lorcher: Well, I agree with Joe. This is simple, but complicated. Seal: Oh, you are out of time. Meridian Planning&Zoning Commission August 4,2022 Page 12 of 38 Lorcher: Like you said, in-fill is really challenging and it's gone through several different versions until the applicant came up to this one and clearly the other versions did not suit this site. So, the townhomes I think are a great idea. I love the idea of the houses facing the -- the waterway and the multi-use. The third or fourth bedroom that's actually proposed in here could invite families to come in here. I'm concerned about safety going across the street to Discovery Park and some of the other amenities and I think developers and -- when we put together these applications we have good intentions that everybody's going to follow the rules and -- but this really doesn't invite any guests to their homes. There is nowhere to park. They can't park in the street. If they are going to park in the subdivision they have to go -- it looks like a quarter mile to the -- maybe north and you can't park on any of the streets and -- and if all those are assigned parking, I think it's going to end up being a little bit of a cluster. So, if you were advertising a two bedroom plus a den that would be different than advertising three or four bedrooms, because you are inviting people to have people in capacity in those rooms and we know that most two car families -- or families have 2.5 cars, some have one, some have three, some have four, some have less and to Commissioner Wheeler's point, people accumulate stuff and there is no requirement that they have to park their cars in their garage. So, this could be a perfect storm for some challenges for a very small space for this community. So, I do support the two-bedroom units going down -- or the three bedroom units going down to the three parking spaces, but I'm not sure if that's going to be enough to make this work the way it is. That's my thought. Seal: Okay. Yeah. I'm similar. I mean I -- I really like the product. I know -- I mean I know a young man that would love to live in one of these things, so -- because housing prices are just out of reach for most people at this point and that -- in that he would likely not be able to live in it alone, he would have to carry some kind of roommate in order to make the payment. So, I mean right there just having two or three bedrooms opens up to that scenario for sure. So, I mean if every one of them has a car, then, you have a three or four bedroom, that's three or four cars. So, depending on how tight they want to live in there, so that's one of the scenarios. The other scenario is, you know, the Super Bowl Sunday type of thing where a couple people in here decide they are going to throw a party, there is just nowhere to park, other than the designated spots. So, you know, I mean if-- if we want to keep a three bedroom scenario in there, instead of a four bedroom, that would to me make it more palatable. Cap it at, you know, no more -- not to say that you can't have them all three bedroom, but keep the two bedrooms two bedroom and, then, make a cap on three bedrooms and, then, as Joe recommended go down to the one space. That to me is palatable I guess is the word for it. Then you have the designated spaces. I am concerned about those first two units, just the safety of getting in and out of them, you know, because it is a private drive and all that. So, maybe even the one at the end of that, limit that to two bedrooms just to keep the minimum amount of people that you can on that shared driveway. I'm not a big fan of shared driveways anywhere to begin with and, then, possibly eliminate the parking spot that's in the hammerhead. You know, depending on what's parked in there, somebody does a -- you know, a wild job of parking in there and the next thing you know the fire truck can't get turned around, so they get to play bumper cars to get themselves in where they need to be, but that's my thoughts on it. I -- I really do like the product. I think it's something that's Meridian Planning&Zoning Commission August 4,2022 Page 13 of 38 needed, you know, and it is -- it does have a starter home type of feel to it. It is something that I think is needed in the Meridian area for sure. It just -- that's a lot of stuff to put on a little tiny lot. So, we are -- we need to make sure that, you know, we are not allowing something in. That's going to come back and -- and have people beat up on us, because, you know, people are more than happy to come in here and beat up on everybody when things don't work out and when parking isn't enough or when the streets aren't wide enough or when people can't put their trash cans out, so those are things that we have heard over and over and over when people come in and testify. So, we -- you know, we can substantiate the -- you know, the way that we talk about these things for sure, so -- sorry, I have rambled on for a while, so if-- if the other Commissioners would like to jump in, please, feel free. Commissioner Wheeler, go ahead. Wheeler: I like in-fill projects a lot, because it takes use of the -- the land that's there that everybody jumps over. Plus it also stretches the creativity of developers and the city and able to use something like this. So, to me I'm -- I'm a big fan of-- of this product type right here and especially next to a park. That's going to be fantastic once they figure out how to get across it and everything like that in a safe -- in a safe way. But to be able to have that right across the street for what you are seeing is different families or whatever their mixes might be, but, man, to be able to have that to go run to during these summer nights is great. I'm just with what the other Commissioners have said and the Chairman have said about the --just the --the --the traffic flow inhere. I'm not a big fan of three bedroom units in here, because that just is going to be an extra car. I like the idea of two spaces per those units that we see -- the way that they are colored out. I just have -- I just know that the garages are going to get filled up and the cars are going to go somewhere and, then, that's when it's going to get just a little bit tougher and more difficult for traffic in there, more for safety purposes than it is just for commuter traffic, and I also understand that the developer has got to get an ROI and a -- and a return that's commensurate with risk. So, trying to balance all of that and also to make this something that's going to be good and long term for the city, I just -- I -- it's -- it's just really hard for me to think about adding in three bedrooms in here. Seal: Thank you. Commissioner Stoddard, do you have anything? Stoddard: No. I agree, actually, with all three of your comments. I think the parking is definitely an issue and -- and I agree about people filling their garages and that's the biggest problem I see with it. It's just the access and the parking. Seal: Okay. With that we are -- Lorcher: Mr. Chairman? Seal: Yep. Lorcher: Chairman, do we want to ask the applicant if they want to work with staff a little bit more for a continuance or would they want to just take it to City Council? Meridian Planning&Zoning Commission August 4,2022 Page 14 of 38 Parsons: Mr. Chair, Members of the Commission, that's -- that's what I was going to suggest. Keep in mind you guys are a recommending body here. So, again, if you like staff's conditions of approval you can make that recommendation forward -- take that forward with City Council and the applicant will have a chance to have the same discussion with them and convince them to do something different. So, don't feel like you have to try to solve the problem tonight. Again, staff-- it sounds like you want to support staff, you want to make the project right and we commend you for doing that, because we know Council doesn't want to have issues either, but if you feel like you just can't get there certainly you can make a recommendation going forward and they can take it up with City Council. Seal: Okay. Well, I'm -- I'm -- I mean what I'm hearing is two bedrooms. That's -- I mean I'm probably the only one on tonight -- and I don't get -- I don't get to make a motion. The one good thing about sitting here to do this. So, I think if it's going to -- I mean if you want to go back and work with staff, it's -- if we are going to allow a continuance, then, there has to be an appetite for more than just two bedrooms. If not, I would say make your recommendations, let it go forward to City Council and they will chew on it. That's --that's where I'm at. I don't -- I don't want to have them have a continuance for something that -- you know, if they are going to work with staff, staff's already said that they are willing to concede the -- the parking spots. We have kind of -- the feedback that I have heard so far is that that's -- that's too much, you know, and I'm on that same page. I think that's conceding too much in order to make this fit. So, if it goes back to staff to work on it, I think we have to have a stomach for more than two bedroom. If that's okay with everybody, then, we can go through the motions. Lorcher: Mr. Chair, do we want to ask the applicant if they have a preference? Seal: We need to reopen the public hearing, so -- if you would like to do that I will -- I will take a -- take a motion on that. Lorcher: I motion to open the public hearing, so the applicant may speak. Seal: For -- oh, do I have a second? Lorcher: For -- oh, my gosh. For Lavender Place Subdivision, Item No. H-2022-0036. Seal: Do I have a second? Okay. Then -- Wheeler: Mr. Chairman? Seal: Yep. Go ahead. Wheeler: I think -- Commissioner Lorcher, I think we can kind of discuss that through and, then, let them just go ahead and approach that to City Council and talk about it and be able to work out maybe some of our recommendation before they speak with City Council, as sort of a thought on that one, because that's what I'm hearing from -- from Meridian Planning&Zoning Commission August 4,2022 Page 15 of 38 staff on that, that we are just recommending and, then, they can work out those details with staff and then -- or with Council and, then, they can make those modifications on that if need be. Lorcher: Okay. Wheeler: So -- what was the modification that needed to be done for the parking? Seal: The parking -- the -- well, that's -- Wheeler: The visitor parking? Was that the one that had the -- the guest parking, those three -- two spots that was there at the hammerhead? Seal: That was -- I would recommend they do away with the -- any of the parking in the hammerhead, so -- I mean it's already hard enough to get in and out of there, so that's -- me personally I would like to see something like that, but, again, I don't make a motion. The -- I mean, really, what needs -- really, what it comes down to to me is the -- the three and four bedroom units and the parking that's associated with that. Like Joe said, he didn't recommend that they make it only two bedroom or three bedroom, only that that was something they could -- could be done if we decided to go that route. So, really, that needs to be in the motion, whatever it needs. You know, I would recommend that that's in the motion that is made. Wheeler: I'm ready to make a motion, if you -- if you guys are good, unless you wanted to, Commissioner Lorcher, or -- okay. All right. Seal: Go right ahead. Wheeler: Okay. After considering all staff, applicant, and public testimony, I move that we recommend approval for the City Council of File No. H-2022-0036, as presented in the staff report for the hearing date of August 4th, 2022, with the following modifications: That there is no parking in what is known as the hammerhead and that no units greater than two bedrooms be allowed. Seal: Is there a second? Stoddard: Second. Seal: Okay. It's been moved and seconded to approve Item No. H-2022-0036 with the aforementioned modifications. All those in favor say aye. Any opposed? Okay. No opposed, motion carries. Thank you very much. Appreciate it. Always interesting to work through those. Starman: Mr. Chairman? I'm sorry, can I just seek clarification? Commissioner Lorcher, were you a yea or nay? Meridian Planning&Zoning Commission August 4,2022 Page 16 of 38 Lorcher: Oh. I will say yea. Starman: Yea. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. 4. Public Hearing for Torino Locust Grove Subdivision (H-2022-0038) by Jeremy Rausch, Located at 870 S. Locust Grove Rd. A. Request: Annexation and Zoning of 1 .03 acres of land from R-1 in Ada County to the R-8 zoning district. Seal: Okay. And with that I would like to open public hearing for Item No. H-2022-0038, Torino Locust Grove Subdivision -- Subdivision and we will begin with the staff report. Parsons: Yeah. Thank you, Mr. Chair. Before I start my presentation tonight I would just like to inform the Commission that Alan Tiefenbach has tendered his resignation with the city and as -- as of tomorrow he will no longer be employed by us. So, he's -- he's accepted a new position in Whitefish, Montana. So, we wish him the very best. But thought you would like to know. He's very excited for his new opportunity. So, if you see him out and about here in the next week or so tell him hi and -- and wish him the best. Seal: Absolutely. Thank you. Wheeler: Lucky guy. Parsons: Yeah. He feels pretty lucky. He's beaming from ear to ear. All he -- all he wants is to get his house sold. Okay. Back to city business here. Seal: Thanks, Bill. Parsons: So, I'm -- I'm filling in tonight, obviously, for him. I told him, yeah, since it is your last week with the city I will go ahead and take one for the team tonight and go ahead and present this project for you. So, tonight I'm here to present to you the Torino Locust Grove Subdivision. It is an annexation and a short plat request for you this evening. The property consists of approximately 1.03 acres of land, currently zoned R-1 in Ada county and the applicant is here to request annexation to the R-8 zone and develop it with four residential single family lots. I wanted to go on the record early. Looking at the record there is five or six letters of testimony in opposition of this project and there seems to be some misinformation that the residents think that this is possibly a potential for multi- family and it's not. Basically, the developer is here to talk about constructing four single family detached homes on the subject property. So, I just wanted to clear that up before I get into too much details of the project. So, this is a lot and block in the county subdivision. The physical address of this property is actually 870 South Locust Grove Road. Here in the aerial you can see that it's actually vacant. There are some mature trees that need to be addressed as part of the supplemental application -- the revised Meridian Planning&Zoning Commission August 4,2022 Page 17 of 38 landscape plan moving forward. But, again, on the upper right-hand -- or left-hand corner here you can see the proposed short plat. This property does not have access to a local road like we typically see in a -- in a subdivision. It is an in-fill. So, the only access point with this particular project is from Locust Grove and so the applicant this evening is proposing a common driveway, your favorite, to serve as access for the -- the proposed four lot subdivision. Typically we would like to see a public street extended or even a potential private street, but under the city's ordinance private streets are not allowed to connect to arterial roadways. So, in this particular case the code does not prohibit common driveways from connecting to arterial roadways. So, in this particular case that's what the applicant's doing. The -- the common driveway itself is actually 20 feet wide, but the easement to serve the common driveway is actually 30, because they are extending sewer and water mains into it, so that they could provide services to the back lot. You can see that staff is recommending a change to the conditions of approval. In the staff report I have -- I have placed that condition in the hearing outline that I prepared for you. I have -- I have wordsmithed that. There was an error -- I hope the applicant is here tonight or at least online. I wanted to inform him that the code requires that a common driveway be in a common lot, not an easement as it's currently depicted. So, have had to correct the -- I know the applicant was working with Alan to correct the -- the condition of approval to try to satisfy our requirement, but it's not going to work and so, essentially, what I'm proposing tonight is this common driveway needs to be in a common lot and we are also recommending that it be extended to the east boundary and that does a couple things -- is, obviously, we have one acre county subs to the east and eventually we anticipate that redeveloping at some point in the future and so the hope is by extending that common driveway to the eastern boundary at some point when those properties to the east redevelop we will be able to get access to that local street like the code wants and, then, have the access to Locust Grove closed or at least minimized to emergency access only. So, that's why we are -- we are pushing for that common driveway to be extended. I have -- I was able to look at the -- the plat and they won't -- it will affect the buildable lots, but they still meet the R-8 standard. So, by creating a common lot and having that extended does not impact the buildability -- impact the building area on these lots. So, they will still meet the minimum R-8 standards. Now, the one hiccup to that is the code does not allow common driveways to exceed 150 feet, unless otherwise approved by the fire marshal. So, I have added that as a provision as well in Alan's condition that the applicant obtain fire marshal approval to exceed the 150 foot requirement. I'm -- I'm hoping that the fire marshal will see staff's point and lean -- and allow the applicant to go deeper into the site without a hammerhead or a turnaround. That way it makes the -- the project more viable, but also allows us to get future connectivity. So, I'm hoping between tonight's hearing and transitioning to City Council with this project that we will be able to get the fire marshal on board to do that. If not, then, more than likely staff will just probably recommend that the common drive not exceed 150 feet and not get that connection. But I at least wanted to keep you looped in that there is a little bit of work to be had and the applicant should be aware of that as well moving forward. The only required landscaping for this property is the buffer along Locust Grove. You can see that here. Because it is under five acres the code does not require any amenities or any common open space either as far as passive or active open space for this project. So, it's a pretty straightforward application. As I noted in the hearing outline there is quite Meridian Planning&Zoning Commission August 4,2022 Page 18 of 38 a bit of testimony having to do with density, traffic, and, then, of course, compatibility with the adjacent land uses. County residents are concerned that this is quite a bit more dense than what's currently in the area, which I wouldn't disagree. It is. There is four lots versus one -- on unit per unit -- or one lot -- one building per unit. So, staff is recommending approval and with that I will stand for any questions you may have. Seal: Okay. Thank you, Bill. Appreciate it. Would the applicant like to come forward? Are they online? Oh. It looks like Jeremy -- Jeremy Rausch is online. Hall: What was the last name? Seal: Rausch. Rausch: Hello. Can everyone hear me? Seal: Yes, we can, Jeremy. Go ahead and give us your name and address for the record and the floor is yours. Rausch: My name is Jeremy Rausch. I live at 1684 East Borzoi Court, Meridian, Idaho. 83642. And it's asking me if I should join as a panelist or stay as an attendee. Hall: Panelist is -- Rausch: There we go. Okay. Thank you. Yes. So, this is -- my proposal is to have four single family homes constructed on four individual lots, with a private driveway. Now, I am --Alan tried to explain this to me with the common lot. This is a new-- can you explain this to me in a way that -- that I can understand what -- what is the staff recommend -- recommending for this? Seal: Bill, if you want to jump in. Parsons: Absolutely. Jeremy, nice -- nice to meet you. Rausch: Nice to meet you. Parsons: Sorry you are getting this information -- Rausch: No. I understand. Yes. Parsons: So, essentially, Alan had conditioned your project to provide the common driveway in an easement and our code requires that it be in a common lot. So, essentially, you will just -- when you -- when you are coming in and ready to record the subdivision your common driveway will just -- you will just add a common lot to the face of the plat, rather than -- Rausch: Okay. Meridian Planning&Zoning Commission August 4,2022 Page 19 of 38 Parsons: -- an easement. That's -- that's really the difference here. Rausch: Will the driveway need to be extended all the way to the far east or that will just -- it will end at 150 feet? Parsons: The -- the expectation currently is that you extend it to the east boundary as originally conditioned to facilitate -- Rausch: Okay. Parsons: -- future access to that local street. So, I know you and Alan agreed to just extend an easement, but we can't just extend the easement. The issue with that -- and just for the Commission, too, not to have a sidebar conversation with the -- the concern with just building a portion of the driveway and not having it extended is who pays for that and how do we get that in the future without having the developer put up the money in perpetuity and we don't want to manage that and the goal is -- really is if we want connectivity, we want that to be something in the future, it needs to be constructed now with development and that's -- and that's why we talked about that with the chair this afternoon and we felt that was the most prudent thing to do, is notjust require it a common lot, but to also require the -- the driveway to be built. Rausch: Okay. I can understand -- I can understand that recommendation for sure and I can comply to that also. I have -- my plan is to construct three to four bedroom homes, one to two stories on -- on these lots accessed by the -- the common driveway. I -- I really don't have anything else to bring forth. Seal: All right. Thank you very much. Does anybody have any questions or concerns for the applicant or staff? Real quick, Bill, I know that the continuation of the private driveway and common lot to the end is --one of the requirements on that is to get approval from the fire department. What if Chief Bongiorno comes back and says, no, not -- not going to happen. Need something else. Is that -- Parsons: Yeah. Mr. Chair, Members of the Commission, that -- that's what I was saying. The potential could be either-- he may come back and say build it and put bollards at 150 feet, so it does kind of meet the intent of the code, or we may just have to go forward to City Council and just say they won't approve anything more than 150 feet and it doesn't get extended or one of the lots is restricted until such time as it's extended and you put a hammerhead on one of the lots and restrict it. But I know -- I don't think the developer wants that -- that particular option. Seal: Okay. Just wanted to make sure we have the options laid out there. Any questions? Any concerns? All right. We will go ahead and open this up for public testimony. Do we have anybody that would like to speak? Hall: Mr. Chair, there is no one online, nor in person signed up. Meridian Planning&Zoning Commission August 4,2022 Page 20 of 38 Seal: Okay. If anybody in Chambers would like to speak, please, raise your hand. Anybody online if you would like to speak, please, hit the raise your hand button. Going once. Going twice. Seeing nobody that would like to testify, Jeremy, do you have anything further to add? Rausch: No. No, I don't. I just -- just -- if this continues to go further, how -- how do I know what the fire marshal is going to say? Seal: I'm sure Bill will probably communicate that. So, with Alan leaving somebody from the city planning staff -- and, Bill, jump in if I'm completely off base here -- but somebody from the city planning staff will definitely be in touch on that. Rausch: Okay. Parsons: Yeah. Jeremy, I'm going to take you to the finish line on this one, so you are in good hands. Rausch: Okay. Okay. Great. Yeah. Sorry, this is just kind of new to me just in the last -- well, right now. Seal: Okay. Thank you very much. Appreciate that. And at this time can I get a motion to close the public hearing on H-2022-0038, Torino Locust Grove Subdivision? Lorcher: So moved. Stoddard: Second. Seal: It's been moved and seconded to close the public hearing for application number H-2022-0038. All those in favor, please, say aye. Any opposed? Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: All right. If anybody would like to comment or make a motion, I am all ears. Wheeler: This seems pretty straight up and down; right? Okay. Seal: Well, Commissioner Wheeler, go ahead. Wheeler: All right. I was going to say -- see if Commissioner Stoddard wanted to make a stab at it here. Stoddard: Okay. Wheeler: Now, you got this section over here, too, that you have to read, too, this 20 foot -- with the condition of -- and, then, we had this part there, it says, yeah, the 20 foot wide Meridian Planning&Zoning Commission August 4,2022 Page 21 of 38 common drive that-- he wordsmithed it all for you. So, you got--you got one page turned, but you can. Under staff recommendation on the back page. Stoddard: Mr. Chair? Seal: Commissioner Stoddard, go ahead. Stoddard: I make a motion to approve -- after considering all staff, application, public testimony -- oh, I already -- I move to recommend approval of City Council -- to the City Council of file number -- number H-2022-0038 as presented in the staff report for the hearing date of August 4th, 2022, with the revision to Condition 1-B, that only the common driveway be extended to the eastern property line and with the staff recommendation of the 20 foot wide common driveway shown on the short plat shall be extended to the eastern property line in a common lot and receive fire marshal approval to exceed 150 feet in accordance with UDC 11-6C-3D when the property to the east annexes into the city and develops. Access to the subject property shall occur from South Torino Avenue and the existing South Locust Grove access shall be closed or used for emergency access purposes only. Seal: Do I have a second? Lorcher: Second. Seal: Okay. It has been moved and seconded to approve Item No. H-2022-0038 with the aforementioned modifications. All in favor say aye. Any opposed? Okay. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. 5. Public Hearing for Overland & Wells II (H-2022-0030) by Morgan Stonehill Partners, Located at 2600 E. Overland Rd. A. Request: Development Agreement Modification to change the existing development plan (Inst. #2016-060157) on the northern portion of the site from a retail grocery store to multi-family residential. B. A Conditional Use Permit for a multi-family development consisting of 351 apartment units on 11.65 acres of land in the C-G zoning district at a gross density of 30.21 units per acre. Seal: All right. At this time I would like to open public hearing for -- oh. Sorry. I would like to open up File No. H-2022-0030, Overland &Wells II, and we will begin with the staff report. Meridian Planning&Zoning Commission August 4,2022 Page 22 of 38 Allen: Thank you, Mr. Chair, Members of the Commission. The next application before you is a request for a conditional use permit. There is also a concurrent development agreement modification application that it's going along with that. It does not require a formal recommendation from the Planning and Zoning Commission tonight. Council is the decision making body on that. This site consists of 11.65 acres of land, 18.75 for the overall site. It's zoned C-G and is located at 2600 East Overland Road. This property was annexed in 1994 and a development agreement was approved in 2016, which was later amended in 2020. A preliminary plat was approved later in 2021 , which included the adjacent property to the east. A final plat has not yet been approved for this property. The Comprehensive Plan future land use map designation is mixed-use regional. The applicant has submitted an application, as I mentioned, for a modification to the existing development agreement to change the development plan on the northern portion of the site from a retail grocery store to multi-family residential. This application does not require action by the Commission. As I mentioned, City Council is the decision making body on this, as well as the concurrent conditional use permit application. A conditional use is requested for a multi-family residential development, consisting of 351 apartment units, with a mix of studio one and two bedroom units at a gross density of 30.13 units per acre. A clubhouse, swimming pool, and other site amenities are also proposed on 11.65 acres of land in the C-G zoning district. The conceptually approved Winco grocery store on this site would have provided a regional draw to this area as desired and what was the multi- family development to the east was largely based on that approval, whereas, residential uses do not, but they do provide housing for workers in the mixed-use regional designated area and the general vicinity. A multi-family residential development consisting of 360 units by the same developer was recently approved to develop on the adjacent property to the east. This is proposed to be the second phase of development. Although the residential uses are not integrated within the -- excuse me --with the adjacent commercial uses as desired in the mixed-use regional designated areas, pathways are proposed for pedestrian connectivity between these uses. Staff is not recommending a mix of -- and integration of uses with this development, as the property has already been entitled with zoning. However, an amendment to the DA is required in order to develop this site as proposed. Access is proposed from the south via South Wells Avenue, to be extended from Overland Road, a mobility corridor with the first phase of the subdivision, and from the west via East Cinema Drive, a local street, with the second phase of the subdivision. This site is approximately one half mile west of the Overland Eagle-Eagle Road intersection on the south side of the 1-84 off ramp. Transit services are available to serve this site via Route 42. Overland Road is listed in the Capital Improvement Plan to be widened to seven lanes from Locust Grove to Eagle Road between 2036 and 2040. The intersection of Eagle and Overland Roads is listed in the CIP to be widened to seven lanes on the north leg, eight lanes on the south, eight lanes on the east and eight lanes on the west leg and signalized between 2031 and 2035. The ACHD report states the p.m. peak hour level of service is E, which is acceptable level of service. Although overall the level of service may be acceptable, certain roadway segments and/or intersections, turning movements, are currently failing and will be worse with the adjacent multi-family residential development to the east and the proposed development. This should be considered when approving this application prior to the aforementioned improvements planned with the CIP being completed. Off-street parking is proposed in excess of UDC Meridian Planning&Zoning Commission August 4,2022 Page 23 of 38 standards. A total of 629 spaces are required, 653 are proposed. Bicycle parking is proposed in accord of the minimum standards. A minimum of 3.18 acres of common open space that meets the standards for such is required or alternative compliance may be requested. The common open space exhibit that was submitted as shown here shows 2.55 acres is proposed consisting of linear open space along the north and west boundaries of the site. A park with grass consisting of 9,803 square feet in area. A large amenity area, rooftop terraces on the clubhouse and leasing office and street buffer and additional common area along East Cinema Drive. There is a 20 foot wide sewer easement located along the west boundary of the site, with a 14 foot wide access road that will prohibit landscaping in that area. Therefore, much of that area will not be able to be counted toward the minimum open space standards. Staff recommends revisions to the plans to comply with the minimum standards and an updated common open space exhibit is submitted prior to the Council hearing. Amenities are proposed for the development exceeding the minimum standards. Conceptual building elevations and perspectives were submitted as shown for the proposed structures. The two northern buildings will be four stories in height. The two southern buildings will be three stories and the clubhouse will be two stories. A modernist vernacular theme of design is proposed with a monochromatic color palette of off whites and shades of gray with lap siding accents and decorative balcony railings for color and texture. Final design is required to comply with the design standards in the Architectural Standards Manual. Written testimony was received from Greg Goins, Winco Foods. They are in support of the proposed development and they are the property owner. Elizabeth -- I'm going to slay your last name. I'm sorry. Koeckeritz. Givens Pursley. Is the applicant's representative. They did submit a response to the staff report. She is asking for condition number A-3, which requires a final plat to be submitted, approved, and a plat recorded for the second phase of the subdivision in order to create a developable parcel prior to submittal of a certificate of zoning compliance and design review application for this proposed development. The applicant is requesting approval to submit those applications, the CZC and DR after the final plat for this phase has been approved by Council, but before it's recorded. The findings for the first development agreement amendment and preliminary plat require the property to be subdivided and that -- what that means is the final plat has to be recorded in -- in order for the subdivision to -- property to be subdivided and that is required prior to submittal of any CZC and DR applications for this site. Therefore, this request cannot be granted. Condition number B-29 requires street signs to be in place. Sanitary sewer and water system to be approved and activated. Road base approved by ACHD and the final plat recorded prior to applying for building permits. The applicant is requesting this condition is amended, so that they can apply for building permits after the final plat is approved, but not yet recorded. Same deal as I just explained. The final plat is required to be recorded first in order to create a parcel that's eligible for development. This request cannot be granted either. Condition A-2 requires a revised common open space exhibit to be submitted prior to the Council hearing that complies with the minimum standards. The applicant is proposing to request alternative compliance from these standards and from what I understand isn't planning to submit any revised plans prior to Council. But I will let them speak to that. I have not received a formal application for an alternative compliance on that. Staff is recommending approval with the conditions in the staff report. Staff will stand for any questions. Meridian Planning&Zoning Commission August 4,2022 Page 24 of 38 Seal: Thank you, Sonya. At this point would the applicant like to come forward? State your name and address and the floor is yours. Koeckeritz: Good evening, Commissioners. My name is Elizabeth Koeckeritz. I am at -- with Givens Pursley. 601 Bannock, Boise, Idaho. 83702. 1 am here on behalf of the applicant Morgan -- Morgan Holdings and Stonehill. Also with me today are representatives of the applicant, including Ryan Stonehill and Jonathan Fragoso and they are also here and available to answer any questions you may have. First I want to thank Sonya for her hard work on this. There was a lot to get through. She had been on vacation. We were on vacation. It was a lot to sort of pull together and so she has put in a lot of work on this in the last week or so and we really appreciate that and we are in full agreement with her conditions of approval and based on our back and forth earlier today with our requests we are withdrawing those. We will still be seeking alternative compliance and will be filing some sort of amended amenity open space plan in the future. But as far as the timing of the submittals for the different various applications we have no problem with that based on the prior approvals. Do I have -- okay. The applicant is proposing to develop phase two of The Seasons At Meridian Apartments on approximately 11.65 acres at 2600 East Overland Road. As Sonya mentioned, the site was annexed and zoned C-G in 1994 and in 2016 the city approved a development agreement governing the site to the east where the applicant is developing phase one of The Seasons At Meridian, the parcel before you here today and the site to the south, which is still slated for commercial development. The 2016 development DA allows development of the site at -- at Overland consistent with the concept plan. The concept plan that was approved shows an 85,000 square foot retail building north of Cinema -- Cinema Drive and with vacant land to the south. However, since, then, Winco has decided to not develop a new store at this location, but also does not want to sell the property to another commercial or retail developer. So, they have entered into an agreement to sell the property to the applicant Morgan Stonehill, who proposes the mixed -- the multi-family residential use on this property. To develop the western parcel where Winco originally intended to develop, the DA -- requires a DA modification to include the new concept plan consistent with the multi-use regional mix -- with the mixed-use region -- regional designation in your FLUM. Okay. The proposed multi-family use and development plan is consistent with the designation in the FLUM, because it contributes to the mix of uses that are desired in a mixed-use regional area by adding needed density -- higher density residential in this area that's really developed with a lot of retail, hospitality and office development and very little multi-family or even single family homes. And you can see here that this mixed-use region is really large. It's 650 acres. The mixed-use regional designation calls for a mix of employment, retail and residential, with residential densities between six and 40 units per acre. The mixed-use in this area currently -- let's see. As explained by Sonya in her staff report, the proposed plan provides housing for nearby employment uses and contributes to the mix of uses desired in this designation. The adjacent commercial development to the west provides retail, restaurant, and entertainment uses, which will be utilized by the residents and within easy walking distance. The proposed apartments continue a nice transition between -- there is single family residential to the east and the large commercial center to the west that includes the movie theater. In addition to the DA modification and consistent with the C- Meridian Planning&Zoning Commission August 4,2022 Page 25 of 38 G zoning, we are also requesting approval of a conditional use permit for multi-family use. The Seasons At Meridian phase two proposes 351 apartments with a density of 30.13 units per acre. The site, as we will show, includes four horseshoe-shaped buildings that allow for really dramatic streetscape perspectives, while concealing much of the parking in the internal areas and garages and it provides for open space area to create neighborhoods centered around parks, that allow for active and passive recreation and gathering. As you can see from this aerial map showing the arrangement, it really highlights how well this arrangement creates that urban like block pattern that's called for in the Comprehensive Plan for the mixed-use regional zoning. It frames the open spaces. It really sets them aside. It's interlaced with landscape pathways throughout this development, connecting to developments -- both the apartments to the east, to the cinema to the west and to the proposed commercial to the south and it all really connects and integrates throughout this whole region. Okay. The architectural theme, as Sonya mentioned, it's a more modern vernacular, drawing inspiration from the aesthetics of the international style. It's really bringing something sort of new and different. There is a lot of sort of more traditional farmhouse -- modern farmhouse styles in Meridian and this is bringing something really new and exciting to this region. To this area. The Seasons At Meridian phase two apartments will include a mix, as mentioned, of studio one and two- bedroom units and plus -- one thing really feeding into this mixed-use designation is the applicant is proposing three live-work units on the far western edge, where people can actually live and work, operate their business right there where they are working. The units will range from 569 square feet to 1 ,159 square feet and each unit has been designed with expansive private patios and balconies, with a minimum area of the 80 square feet that really creates this great indoor-outdoor space. The interior of the units are designed with really large kitchen-dining areas, great big dual vanities in the primary bathrooms. Large showers. Lots of storage. They are really designed for a really nice upscale sort of living. Lots of light. Lots of windows coming in here. So, in speaking just a little bit more to just the overall look, as you can see on these couple of pages with the evaluate -- elevations, this approach is -- there is a lot of clean lines. There is shadow box frames. The color palette is really sort of muted with off whites and grays and some browns, decorative balconies, railings. But it really creates a really nice looking -- actually to me it creates a really exciting looking building in an area where there are a lot of buildings that just look like the same three story apartment walk up that you see all over the place and this is really trying to offer something different here. So, we have been working on the open space exhibit and so based on what we had been going back and forth with Sonya over the last couple days is the -- much of the western border that we were including in the open space calculations is ineligible to be included in that open space calculation. So, right now as it stands the development has 15.9 percent qualified open space, which includes a wide perimeter walking path on the north. It includes part of the walking -- the qualified open space includes part of the walking path on the west, but whether it's included or not it still is there, it's still going to be landscaped, it's going to still be a very nice amenity. Both those pathways connect down to the south, to the east, to the west. There is also -- what's really cool about this and what I think will really speak to a lot of sort of the young professionals and the professional couples that will be moving in here is above the clubhouse part of the open space is there is a large rooftop patio, both above the clubhouse and, then, there is a second rooftop patio, sort of wine -- wine Meridian Planning&Zoning Commission August 4,2022 Page 26 of 38 bar space above on the building on the north -- northeast corner that you will be able to look out down into the pool area or out across over to the mountains from. There is also a large grassy area and, then, the area along the -- the cinema plaza area, which is the one that abuts the cinema -- Cinema Lane is also going to be really -- sort of a really exciting area that really integrates and moves into that commercial zone. There is going to be some new things there, like from hammock parks where there is areas where there is already hammocks set-up, where there is going to be lots of tables, places for sitting, places just for families to meet and gather and really integrate while they are both living and residing in the development, but also integrating into the proposed commercial that will be coming in the future and so to that end we will be requesting alternative compliance and be looking at submitting some additional proposed open space with this prior to the City Council meeting. There are significant buffers. This does abut Interstate 84. It's actually more on the off ramp, so the cars -- there won't be quite as much traffic. The cars will be getting off and decelerating as they go past this development and the development adjacent to it. So, on the north the buildings are set back over a hundred feet from the property line there, but on the north there is a 35 foot wide buffer with a walking path along that. As I mentioned on the west there is also a walking path. That buffer is 22 feet. And on the south it's much larger, but up -- just directly up against the street there is a ten foot wide buffer. There is a significant amount of open space and these are really nice, so I'm going to show you some pictures. These are really nice amenities. This is a really highly amenitized sort of project that's really going to lend itself well towards younger working professionals, individuals, couples, that sort of people. The Cinema Drive plaza is really going to be at the seamless transition from this area into the multi-family into the commercial to the south. Oh, too far. There are 15 qualified amenities and depending how you count them -- it's always a little bit tricky. If there is 15 or 14 or 20, but there is a clubhouse that includes a game room, a coffee bar. There are parcel lockers that will be accessible 24/7. Business center. Classroom stations. Event space. Wi-Fi. HD TVs. There is a 3,500 square foot fitness center that will include yoga and spin studios. As I mentioned there are two rooftop gathering and community spaces that are just a really nice sort of amenity to be able to look out over towards the mountains. There is a pocket library, which is something that was new to me, where there is a little area where you can -- where there will be some chairs and some books, so you can have a -- sort of a quiet place to borrow -- borrow a book, return a book. Grills and fire pits. And, then, they are looking at some public art throughout the space. Finding some local artists to design some public art. There is a large grassy area between two of the buildings and it's well in excess of the 5,000 square foot minimum. Courtyards. The hammock lawns, with six separate picnic areas, and, then, as I mentioned, the rooftop terraces. There is a pool and the multi-perimeter path that connect and also in this day and age there are charging stations for electric vehicles. We anticipate that there would be certainly people with the electric vehicles residing here. This slide just shows -- shows some imagery and some concepts for the quality of the design of these outdoor gathering spaces. You can see some examples of like hammock lawns, of a pocket library, of really nicely landscaped pathways. Here is what I find looks really cool is this is a rendering of the actual pool that they would like to put in here and you can see in the back of the pool where that rooftop bar is looking down into this pool, it just looks like a really cool, fun place to get to hang out. Here is some examples of concepts for the interior of the Meridian Planning&Zoning Commission August 4,2022 Page 27 of 38 clubhouse. As you can see it's going to be modern, light, bright, open. Just a really fun place to live and work here in Meridian. The entrance into the property -- The Seasons At Meridian is really planning on having a wide boulevard with trees, so when you come into it you really come into this off of Cinema Drive and look forward and you see this clubhouse, you see the leasing office, you come through on this main wide tree-lined street, which really integrates it into the rest of the community. Seasons One also has a lot of trees, wide boulevards. It's in a different sort of style, but this is going to integrate really well into the other communities and developments right around here. As Sonya mentioned, there is -- it is -- there is plenty of parking or there is -- it is overparked for what the City of Meridian standards are. There are over-- it's 653 parking spaces in total, which includes 353 garaged or covered parking spaces. Some of the units have garages and, then, there are quite a few carports across here to protect the cars. Traffic. ACHD reviewed and approved the traffic analysis for the development. Importantly — and this is where we will just sort of end on this, because I know there is a lot of questions about it. There is traffic in this area, but this development actually has significantly less traffic than the Winco would have. In fact, there is 51 fewer a.m. peak hours, 547 fewer p.m. peak trip hours and 659 fewer Saturday peak trip hours. Services can all be met. The applicant is in full agreement of all of the terms and conditions of approval and we look -- we just ask for your recommendation of approval of the DA modification and a recommendation of approval of the CUP. I will stand for questions. Seal: All right. Thank you very much. Does anybody have questions, concerns for applicant or staff? Wheeler: Mr. Chair? Seal: Go right ahead. Wheeler: Yeah. Thank you, Elizabeth. Had a question concerning -- I think it's Cinema Drive. That's going to be lighted; correct? Or what is the -- is there -- is there going to be a lighted intersection there off of Overland into Cinema Drive headed northbound? Koeckeritz: Off of Over -- so, Cinema Drive is the -- on the south boundary and, then, below that is the vacant space. The access will be from Wells Street. Wheeler: Wells? Okay. Koeckeritz: And Wells is being required both as a condition of approval from ACHD for this and for the other development to be turned into a full access intersection. It will have a stop light at it and dedicated turn lanes. Wheeler: Okay. Okay. Yeah. Sorry about the -- Koeckeritz: Yeah. Meridian Planning&Zoning Commission August 4,2022 Page 28 of 38 Wheeler: -- wrong name of the street there, but, yes, thank you for taking me to the right place on that one. When it comes down to the amenity that -- that you were saying -- you know, that has -- that overlooked the pool, kind of like a nice little wine bar area and stuff like this, is this going to be a room that's going to -- people are going to rent out or is it just going to be like a gathering place that can happen or is --what is the developer's kind of thoughts on that? Koeckeritz: I believe the developer's thoughts are -- at this time it would be primarily just for the use of the residents. However, I believe -- I would anticipate that if a resident wanted to rent the space for some sort of special event for a resident that they would be able to do that. Wheeler: Okay. And, then, one more time. Can you run through the numbers again about how big the first phase is going to be and, then, the total amount on the -- on the units? Koeckeritz: There is 351 units -- 351 total. Wheeler: Okay. Koeckeritz: I have the breakdown here. And the other development -- the adjacent development was also right at 350. 360. Wheeler: Okay. Okay. Because, I -- I saw a slide up there that said 694 units, not including Seasons At Meridian. Koeckeritz: Yes. So, in looking at the multi-family in this area -- in the overall mixed-use regional zone -- Wheeler: Okay. Koeckeritz: -- future land use map, there is very little multi-family in this area. Wheeler: Very good. Okay. That's why I wanted to make sure. Koeckeritz: Yeah. There is only that many units previously approved than the ones that are currently being developed and, then, these to come. Wheeler: Very good. All right. Thank you, Elizabeth. Seal: Anyone else? All right. At this time we will go ahead and open up public testimony. Madam Clerk, do we have anybody? Hall- My speaker -- oh, there it goes. There is no one signed up online, but I do have two gentlemen, a Ryan Morgan and Jonathan Fragozo signed up to speak. Meridian Planning&Zoning Commission August 4,2022 Page 29 of 38 Seal: Do either one of you want to come on up? Just give us your name and address for the record and the floor is yours. Fragoso: Jonathan Fragoso. 2700 East Overland Road with Morgan Stonehill, the developer. Thank you for giving us the opportunity to present in front of you guys. To give a little background on this site, we -- Morgan Stonehill is a partnership between two families. Steinberg family and the Morgan family. The Morgan family has been building apartments across the country for three generations. It was started by Ryan Morgan's grandfather and Ryan would be happy to provide more information on that. We were fortunate enough to present in front of you -- Council and the Planning Commission for phase one, which was approved. But when we came out we set out to bring best in class design techniques to the Meridian market and I believe it was well received by staff and the Planning Commission. We are currently working through the process of starting that project, but we intend to break down -- break ground in the next 30 days and assuming we are able to record our plat in the next coming weeks. But we are very excited about the opportunity and about six to eight months ago when we were approached by Winco, who formally made the decision to not proceed with their store at that location, they decided to focus more on the south Meridian area, given their other second location north on Meridian Road. They approached us. They saw how well received our project was and they liked what we are bringing to the area and approached us first before taking this out to the market. We jumped at the opportunity to provide much needed housing. We recognize that -- you know, we also mourn the loss of the Winco Foods. That was a great amenity. One of the reasons we loved our site so much. So, we set out with the intent to really diversify the product offerings. So, what you are seeing here is a little bit of contrast to what phase one is, which has larger units, focused more on the traditional garden style apartment. We went out and set out for urban design, with smaller units, with one -- one and two-bedroom units. No three bedroom units. Create more of an urban product and focus really on bringing in and tying all the mixed-use elements together and actually went in and added three live-work units that are about 1 ,300 square feet. They are situated along the main drive. If you look at our design there is really two kind of main drivers here. What we did is there is a main boulevard that goes straight down the site and feeds into Cinema Drive. Our intent is to work with ACHD to enhance -- create some kind of enhanced crosswalk and bring safety. If you go -- can I control this here? Okay. Apologize. Oh, yeah. If you don't mind. Please. Thank you, Sonya. think we are completely frozen now. Perfect. So, if you look at-- it's kind of--our buildings are clustered around this main -- main boulevard that's feeding down. There is going to be cross -- we intend to do enhanced landscaping down both sides of the street. We really want to encourage, you know, folks from the future retail to come down this road, walk into -- and, you know, view it -- view the amenities and continue to kind of enjoy what's there. The live-work units will be situated at the northwestern building. If you look at it there is direct access parking and the idea is, you know, folks -- the residents can -- can run their business on the ground and live upstairs and actually park directly and access that workspace downstairs. The second thing we did here and it's really meant -- driven to meet the mixed-use design intent, was enhance this area to the south. This is kind of what we call our Cinema Drive Plaza. What you are going to see here is -- essentially we wanted to set out and create an area that was a really attractive sitting Meridian Planning&Zoning Commission August 4,2022 Page 30 of 38 area. So, we plan to create sitting areas, places where people can gather and, you know, enjoy an ice cream down south or have dinner down there and, then, also enjoy the walk. Tie into the trail system, walk across our site, and one thing I want to stress is that our trail system will actually tie over to phase one and will -- it be interconnected, so there will be an actual loop through the entire property. Again, we wanted to meet kind of this -- you know, create great places for people to gather, deliver best in class amenities and, you know, offer a product that's differentiated from phase one and best in class. With that I will turn it over to Ryan Morgan. Seal: Okay. Thank you very much. All right, sir. Just name and address and -- Morgan: Good evening, everyone. Ryan Morgan. 2700 East Overland Road. It is a pleasure to be speaking in front of you again. Jonathan really covered a great amount of what I wanted to speak about. I guess a little bit about us. We have been developing, as he mentioned, for three generations. My grandfather started building in 1959. We have built coast to coast and we have built Class A multi-family. That's all we build and we really focus on providing incredible amenities and offering communities to our residents. We really focus on that community aspect and bringing people together. The rooftop deck, the -- the pool deck, the different lawns, the dog amenities, the connectivity within this community and, then, the connectivity within like the community as -- I guess this whole mixed-use facility, the commercial to the west and, then, our facility to the east is really important to us. Actually, our neighborhood meeting -- the only people that came out were business owners to the west who were actually really excited about us bringing new households and people that can work their businesses. One of the business owners actually was complaining that he doesn't have enough workers to run his business and he can't actually open up a second floor to -- to the public, because he had no one to work there. So, he was really excited about us being able to offer -- offer that to this community. Yeah. We are really excited to be here. I'm happy to answer any questions you have. Again, this is going to be a beautiful project and we are excited to build it. Thank you. Seal: Thank you very much. Sir, would you like to testify? No? You are the only one here, so I had to point you out. It looks like we have a couple of people online, if either one of them want to testify, please, hit the raise your hand button. If not -- and if nobody else has any further questions, we will let the applicant come back up, if there is anything else you would like to add. Fragoso: One thing I would like to stress is, you know, knowing how traffic is one of the main concerns, our traffic engineer in the traffic study actually -- the traffic counts are decreased compared to what was previously approved at the Winco. The apartments are less intensive use and I think would be a benefit -- or it would help alleviate some of the traffic concerns in the area. Seal: Okay. Thanks very much. All right. And with that -- Wheeler: Mr. Chair? Meridian Planning&Zoning Commission August 4,2022 Page 31 of 38 Seal: Go ahead. Wheeler: I have a question for the applicant, if that's all right. Seal: Absolutely. Wheeler: So, either Elizabeth or Jonathan. If you don't mind. I think it was you, Jonathan, that said something about an enhanced crosswalk on that side. Go ahead and -- if you don't mind just kind of explain a little bit more like that. Were you thinking like a causeway? Are you thinking of -- what was your thoughts? Fragoso: So, our thought process was kind of to tie together that Cinema Drive Plaza area. What we are planning is kind of doing a protected area with enhanced pavers. We -- I know we would have to work with ACHD, because Cinema Drive is a public road, but really create kind of this designated area with, you know, speed bumps that would help with safety, but create a safe point and a natural transition point over to the retail to the south. Wheeler: Okay. Okay. Are you thinking of anything -- be it Wells is going to be a lighted intersection that's going to be additional. Are you thinking of doing anything of working with the city or ACHD about any pedestrian traffic from the south side -- or, excuse me, the north side of Overland Road to the south side of Overland Road? Fragoso: When we went forward on phase one we tried to do that. Unfortunately, it's just so far down the road on ACHD's plan for the improvements that we really were kind of -- met with a dead end. I would love to do that and drive over that connectivity, but, unfortunately, working with ACHD -- there is no certainty of the path forward and the only thing we know is that it will be widened 20, 30 years down the road. Wheeler: Right. But on the pedestrian side of things to be able to get pedestrians to go from that side to the shops on that side, still just a lot of resistance from ACHD, then, is what you are saying? Fragoso: They have no plan to address those concerns. Yeah. Wheeler: Okay. Okay. Thank you, Jonathan. Morgan: Just one thing. I believe there is a crosswalk on Millennium. Wheeler: There is -- there is there, but not there at Wells and that's where the -- some of the traffic's going to be coming into your place and just -- that's going to be a natural flow out, so that's all. Seal: All right. If nothing further, then, can I get a motion to close the public hearing for file number H-2022-0030, Overland & Wells II? Meridian Planning&Zoning Commission August 4,2022 Page 32 of 38 Stoddard: So moved. Lorcher: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0030. All those in favor say aye. Any opposed? Okay. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: Who would like to comment first? Lorcher: Mr. Chair, I will. Seal: Yep. Go ahead. Lorcher: I think if we are going to have multi-family housing this is a good place to have it. So, it seems consistent with the -- the area. I'm not concerned about the traffic, considering the -- their point of Winco probably having more in and out during the day. It seems pretty consistent with what's going on in Meridian along the freeway. Their amenities seem fine. The high school is across the street. There is doctor's offices. There is a cinema. There is restaurants. That all kind of connects together. And I just want to verify. Our objective tonight is not about commenting on the design plan, but the CUP. Seal: Correct. Lorcher: Which is specifically just to approve multi-family residential from C-G. Seal: That is correct. Lorcher: So, that's all we are doing. I have no problem with it personally. Wheeler: Mr. Chair? Can we go -- staff, can we go back to the picture that showed the -- the net losses for the traffic counts, if that's okay. Or that slide, please. The applicant's slide? Starman: I think that was the applicant's slide. Wheeler: Was that on the applicant's slide? I apologize then. Okay. So, that was neat to know, then, that when it came down to the -- the net losses, that was something that was kind of surprising to me. I thought it would actually be more of a gain on putting in multi-family in here. It seems to fit with the area. I mean we just approved something similar to this off of Fairview near Eagle Road, something that would look at be kind of similar to this and traffic's always just going to be an issue when these things pop in. I know that -- and I like the design and I like the way it's going to look unique and I like some of the more upscale kind of amenities that the developer is thinking about putting Meridian Planning&Zoning Commission August 4,2022 Page 33 of 38 in here. It's going to give it a really nice show and I can see it definitely wanting to be a hangout spot for the residents themselves. Run across, grab some food and, then, come on back or make it themselves on that. So, that was something that was very nice. Okay. Thank you. Thank you, staff. Interesting. Okay. So -- because I -- I live -- just for disclosure, I live a mile away from this place and so I'm very familiar with the traffic patterns that are here and it's just-- it's going to be tough on -- on the traffic side of things, but I -- whatever you are going to put in there, as long as -- I mean Winco is going to make it even more congested it looks like than even this apartment complex and we definitely need some more apartments in that area. I guess what I'm -- I guess what I'm saying is that it looks like it's -- I like the way it's going to look and I like the project itself and I like the creativity and the design. It's not just a simple straight face with some relief on it. They are actually putting in some really upscale type of work. Just, once again, just the traffic thing. But we are going to get that no matter what and I think it's too much to ask for anything to do like a widening or a turn out lane or anything like that. But I could say to suggest to put in a pickleball court, because those look like that could happen and I saw a little space for that on the north end. So, you might want to just consider that.. Okay. There we go. All right. We will put that in the -- in the approval. Make sure that the pickleball court gets made. Just kidding. That's all. Seal: Okay. I -- I will just go through the good, the bad and the ugly here. So, the good is I -- I really like this product. I can see what you are trying to do with it and I think that it has a place in Meridian. Yeah. Again, I like everything about it and I think the place for it is next door to the east where it already is. I was part of the panel that approved that based on the fact that there would be a commercial entity here. The overwhelming feedback that I get from residents of south Meridian is, please, put in more stores. Please put in more stores. The ugly of this is that Winco went to somebody that wasn't a store, somebody that couldn't provide commercial to do it. Not your fault at all. But I think they have done the community in general a disservice by doing that personally. If one of our other Commissioners were here -- and I can't put words in anybody's mouth -- the words bait and switch would come up. So, I personally can't support it. I don't think that it has a place here, simply because of what it was, what it was based on and what was approved based on it being here. But that's my opinion. So, again, great product, just a really bad position to be in. I think Winco has just really done a disservice by taking it in this direction personally. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: When was the traffic count done for this project when Winco got its approval? Do we have a date on that or know any sort of time frame or anything like that? Seal: Sonya, do you know anything -- Allen: Not offhand, no. Meridian Planning&Zoning Commission August 4,2022 Page 34 of 38 Seal: I mean it would have been a couple of years ago at least, so -- and -- and I mean as far as the traffic, I -- I know there is always -- and I have been through enough of these that I understand that the traffic's going to be lessened by multi-family. The problem is 7:00 to -- you know, 7:00 to 9:00 in the morning and 4:00 to 6:00 at night. It's not. It's unbearable through there already. And this would actually add to that. The rest of the day, yeah, there is going to be a lot more traffic. That's the nature of retail. That's when everybody is going to be in there, because everybody's going from home to the retail place of business, so I don't see that this is going to help those times when it's most drastic out there on the roads personally, so -- I understand it's going to be less overall, but that's just my opinion on it and what we have seen, so that's my opinion. Anybody else want to jump in? Okay. Anybody want to take a stab at a motion? Lorcher: Mr. Chair, I will. After considering all staff, applicant, and public testimony I move to recommend approval of the conditional use permit for File No. H-2022-0030 with no modifications. Seal: Is there a second? Okay. Somebody needs to come up with something different then. So, if you are not going to go with the second, then, you need to start letting us know why. And start with Ms. Stoddard here. Stoddard: Mr. Chair? Seal: Yep. Go ahead. Stoddard: I agree with the comments on -- the fact that we do need more retail in Meridian. Sorry. I agree with you that we need more retail in Meridian. For myself, you know, it's an issue I think putting more people in without the accommodations for people to shop and have the regional space is just a little bit concerning for myself as well. Seal: Commissioner Wheeler, you didn't give a second. So, what -- Wheeler: Yeah. I'm -- for me it really is just the traffic issue on this during these peak times right next to a high school and, then, the way that the narrow roads and the accesses are, it's -- that's -- that's a really big concern is the traffic side of it for me and I would like to see some sort of an updated study and maybe ways to -- to help out with that mitigation on some of the traffic on it. That would be my thing is I would like to see an updated traffic study before any sort of approval on it. It has nothing to do with the product type, it has nothing to do with what it is, it's everything to do with that congestion at the next half mile mark right next to an on ramp and it just seems -- that can get really backed up most times during the day. Seal: I mean I can't speak for staff, but I mean we have to go on the information that we are given and what we were given from ACHD is it's all good. I -- I personally don't agree with that, but, unfortunately, when -- they own the roads. So, on that -- you know, what they were saying about it, you know, the inability to put in crosswalks and things like that, that's ACHD. I mean if they won't do it they won't do it, so -- and -- I mean unless they Meridian Planning&Zoning Commission August 4,2022 Page 35 of 38 are willing to buy the road, which most folks won't or can't in order to provide for that, so -- I mean it -- you know, if we want to do a continuance until we can get a traffic study -- I -- I mean we can't force them to do a traffic study, since ACHD has already approved it. Lorcher: Mr. Chair? Seal: Go ahead. Lorcher: Our task tonight is to do a conditional use permit. Seal: Correct. Lorcher: So, it's either for multi-family housing or not multi-family housing; is that right? The design aspects of it. What -- that is correct and -- Lorcher: So, to deny the multi-family housing, then, they have to start all over; right? Seal: Unfortunately, this is one of those where at some point in time Council decided that they wanted to hear both of these at the same time. So, they put the conditional use permit before us, knowing that the DA modification hasn't gone through, so they can hear both of them. Unfortunately, I think this is -- I mean this is the --you know, the cart before the horse personally. I would rather this go to City Council, so that they can weigh in on the DA modification and, then, it would come to us to approve the conditional use permit for -- for multi-family. Because, personally, I think if this gets to City Council it's -- it ain't going nowhere. Lorcher: So, you are suggesting we deny the conditional use permit, they go to City Council, get the DA modification and, then, it comes back? Is that how it -- is that how that would work? Starman: Mr. Chairman, can I help clarify a bit? Seal: Absolutely. Starman: Ask our planners to help as well. So, this is -- it was unusual, as the chairman just alluded to. We have two different items that --as part of the request to the city overall. So, we have a request to modify an existing development agreement. That is not before the Commission this evening, so that -- the -- the recommendation comes from the -- our Community Development Director and the decision making body is the City Council. So, you don't have a formal role with respect to the request to modify the -- the development agreement. Now, the reality is it's hard to talk about the CUP without talking about that as well, so they do sort of go hand in glove, but under our code the recommendation comes from the director and, then, the decision is made by the Council. Usually -- typically you would be -- you are the decision making body on a conditional use permit. This is one of the exceptions, however, in that the CUP is going forward with the development agreement and so in this instance you are a recommending body with Meridian Planning&Zoning Commission August 4,2022 Page 36 of 38 respect to the CUP to the City Council. So, you are not making a yes or no decision, you are making a recommendation to the City Council relative to the CUP and, then, the Council will look at both items, the development agreement modification and the CUP at its meeting, you know, henceforth. Does that makes sense? Lorcher: So, if we deny the conditional use permit it still goes to City Council. Starman: Mr. Chairman, Commissioner Lorcher, you wouldn't be denying the CUP, you would be -- a different way to say that is you would bring forward -- you would have a negative recommendation -- or you would recommend against the CUP. So, you wouldn't be denying it, but you would be -- have a recommendation to not approve the CUP, but the Council would make the decision to approve or deny. Seal: So, it would be a recommend -- recommend denial in that case. Lorcher: So, what are the words? Seal: And at this point where we are -- generally speaking we are the approving body on a CUP, but this is going to be treated like anything else that would come through where we recommend approval or denial. Lorcher: Okay. Seal: Give -- give the reasons. Starman: And then -- Mr. Chairman, if I can just elaborate on that. So, that last comment or advice from the chairman I would like to reiterate that as well. So, to the extent you can -- you are not making a decision today, so it's not quite as critical, but I would highly recommend and encourage that individual Council Member -- or Commissioners have given their thoughts here, but to --to explain and to describe your reasons for your motion. So, in terms of-- if the-- if the motion is, for example, to recommend denial, an explanation as to why that's the case. What's the rationale for that? The Council will make that final decision. They will have to have their own rationale at that time, whether it's yea or nay, but it would be helpful for our record and, then, also helpful for the Council in its decision making process, to understand the impetus or the rationale behind your motion this evening. Whatever the motion might be. Seal: Okay. Thank you. Anybody have comments? We are kind of at two ends of this thing here, so we got to -- we got to meet in the middle somewhere. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: Commissioner Lorcher, did you want to go for another motion or anything like that or what were your thoughts? It sounds like you were kind of -- Meridian Planning&Zoning Commission August 4,2022 Page 37 of 38 Lorcher: Well, I already had mine. Wheeler: Okay. Lorcher: I would be -- I would do the same one again. Wheeler: Okay. Roger. Okay. Mr. Chair, I would like to make a motion. Seal: Feel free. Wheeler: After considering all staff, applicant, and public testimony, I move for recommending denial to the City Council of File No. H-2022-0030 as presented before -- or, excuse me, as presented during the hearing date of August 4th, 2022, for the following reasons: Due to traffic concerns and that the original approval was retail space. Seal: Got a second? Stoddard: Second. Seal: It's been moved and seconded to recommend denial of File No. H-2022-0030 with the affirmation -- aforementioned reasons. All those in favor say aye. Those opposed? Lorcher: Nay. Seal: Okay. For the record that's Commissioner Lorcher. Okay. And with that the recommendation for denial is approved or -- yeah. Okay. So -- all right. Thank you very much. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. 6. Election of Planning & Zoning Commission Vice-Chair Seal: The last item of business tonight is going to be the Planning and Zoning Commission vice-chair election. So, I have only had one person come back to me saying they would want the position and that's Commissioner Lorcher. So, just giving that information out to everybody. That said, if you are not here to defend yourself you are fair game. That said -- Lorcher: Is this something we vote on or just discuss? Seal: If -- if anybody would like to have any discussion go ahead. When I was thrown in here it was just everybody said, yeah, do that and they voted and there I was. So, you know, it's -- that's kind of the -- the feeding frenzy version of it. So, if anybody has any comments feel free. There still has to be nominations and we do have to vote. Meridian Planning&Zoning Commission August 4,2022 Page 38 of 38 Wheeler: Okay. So, yeah, Mr. Chair, I would be -- I would be highly supportive of Commissioner Lorcher being the vice-chair. Stoddard: I agree. Wheeler: All right. So, on that, then, I would like to make a motion that Commissioner Lorcher be -- that she be placed in as vice-chair for the Planning Zoning Commission. Stoddard: Second. Seal: Okay. We have a -- I don't know. Do we motion and -- okay. Have a motion and a second to approve Commissioner Lorcher as the vice-chair for Planning and Zoning Commission. All those in favor say aye. Any opposed? Stoddard: Do I vote for myself? Seal: Any opposed? All right. Motion carries. Welcome to the party. MOTION CARRIED: FOUR AYES. TWO ABSENT. Wheeler: I was hoping that -- I'm glad you didn't say no to that one or nay on that one. Seal: Right. Very good. Congratulations. And you will -- we will let you know everything that comes with that, too, so -- now that you have been wrangled in. With that I'm looking for one more motion. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: I motion we adjourn. Stoddard: Second. Seal: It's been moved and seconded that we adjourn. All in favor say aye. Any opposed? Motion carries. We are adjourned. Thanks, everyone. MEETING ADJOURNED AT 8.03 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ANDREW SEAL - CHAIRMAN 8 I'l8 12022 ATTEST: DATE APPROVED CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of July 21,2022 Planning and Zoning Commission Meeting Meridian Planning&Zoning Commission July 21,2022 Page 35 of 35 Seal: It's been moved and seconded to adjourn. All those in favor say aye. Opposed? Meeting is adjourned. Thank you all. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 7:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ANDREW SEAL - CHAIRMAN 8-4-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Hickory Warehouse (H-2022-0040) by Cushing Terrell, Located at 1135 N. Hickory Ave. CITY OF MERIDIAN E I DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION& ORDER In the Matter of the Request for Conditional Use Permit for the Hickory Warehouse,Located at 1135 N.Hickory Ave in the I-L Zoning District,by Josh Shiverick,with Cushing Terrell. Case No(s).H-2022-0040 For the Planning& Zoning Commission Hearing Date of: July 21,2022 (Findings on August 4, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 21, 2022, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 21,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 21,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 21,2022, 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 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2022-0040 Page 1 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of July 21, 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 July 21,2022,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 11-513-617.1. 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 § 67-6521(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. G. Attached: Staff Report for the hearing date of July 21, 2022 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2022-0040 Page 2 By action of the Planning&Zoning Commission at its regular meeting held on the 4th day of August ,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 8-4-2022 Attest: Chris Johnson, City Clerk 8-4-2022 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: 8-4-2022 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2022-0040 Page 3 EXH I BIT A STAFF REPORT CJfERID1AN1111_"1-__ COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 7/21/2022 Legend DATE: 15 Loca=or. .� TO: Planning&Zoning Commission — FROM: Alan Tiefenbach,Associate Planner SUBJECT: H-2022-0040 era i C Hickory Warehouse-CUP -- j LOCATION: 1135 N. Hickory Ave I. PROJECT DESCRIPTION Conditional Use Permit to allow mechanical equipment emissions; shipping and/or delivery or other outdoor activity areas within 300 feet from an abutting residential district in the I-L zoning district II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 10.3 acres Future Land Use Designation Mixed Use Non-Residential(MU-NR) Existing Land Use(s) Industrial Proposed Land Use(s) Industrial Lots(#and type;bldg./common) 1 Phasing Plan(#of phases) 1 Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of May 3,2022 attendees: History(previous approvals) Gemtone Center No 3,Gemtone Center No. 3 Vacation H- 2020-0094,PBA A-2020-0155,CZC A-2020-0165 ,CUP H-2021-0077 Page 1 B. Community Metrics Description Details Page Access(Arterial/Collectors/State Access occurs from N.Hickory Ave(collector)and E. Hwy/Local)(Existing and Proposed) State St(local) Existing Arterial Sidewalks/ 5' ft.wide detached sidewalk exists along both N.Hickory Buffers Ave and E. State St.A 20 ft.wide buffer has been installed along N.Hickory Ave and a 10 ft.wide buffer has been installed along E. State St,are required per UDC I I-2C-3. Proposed Road Improvements I All road improvement have been completed. Fire Service No comments Police Service No comments C. Project Area Maps Future Land Use Map Aerial Map Legend Legend Pra}eo#LccuSm � Projec#Lccafiar. ---, RED 1 oC. � LN OfPie e s E STATE-P I^' = �-S7MTE _ AAV NR E-P I N-E A-V E { m MU-R : m m 9 E C06MIF-R{IA L ST C+]b11.i 3 E COMMERCIALST Page 2 Zoning Map Planned Development Map Legend L 0 Legend PAGjeDt Lc -f n I_ Prnjec#Lflcfliori XWUT City 41l Limit I-L l — Mooned P cimet -1 R-4D 1EEM Lra C— LN s` E STxT E j E-P-1 N=E=.A1�:E EE= 1'N=E=111-E' C-G x L-C) m m m W ECO&WERCIALS- I-L E COMMERCIAL ST_ -- III. APPLICANT INFORMATION A. Applicant/Representative: Josh Shiverick, Cushing Terrell—800 W Main St.,Boise, ID 83702 B. Owner: HOT2 LLLP -2701 East Pine Avenue,Meridian, ID 83642 IV. NOTICING Planning & Zoning City Council Posting Date Posting Date Notification published in newspaper 6/24/2022 Notification mailed to property owners within 500' 6/24/2022 Applicant posted public hearing notice sign on site 7/5/2022 Nextdoor posting 6/30/2022 V. STAFF ANALYSIS This is a request for a conditional use permit to allow mechanical equipment emissions; shipping and/or delivery or other outdoor activity areas within 300 feet from an abutting residential district in the I-L zoning district. The subject property is 10.3 acres in size and is located at the northwest corner of E. State St. and N. Hickory Ave. The property was originally comprised of four lots(Lots 1-4,Block 4 of the Gemtone Center No. 3). In 2022,the City Council approved the vacation of drainage,utility and irrigation Page 3 easements established along the interior lot lines of these lots(H-2020-0094)to allow all four lots to be merged together through a property boundary adjustment(PBA A-2020-0155). In 2020, staff issued a Certificate of Zoning Compliance(A-2020-0165)to allow the construction of a 207,000 sq. ft. multi-tenant, light industrial building on the property and the building permit was issued in 2021. A conditional use permit was approved in 2021 to allow an indoor recreation facility(K-1 Speed,H- 2021-0077)in 50,000 sq. ft. of the building. In 2022,the applicant requested final inspections on the completed development. During the inspections, staff discovered the building architecture differed from the approved CZC elevations. Staff also noticed a large mechanical dust collector on the western side of the building that was not reflected on the CZC site plan or landscape plan(although it was indicated on the building permit mechanical plans for the cabinet shop tenant improvement). While discussing the discrepancies between the approved CZC and the as-built conditions, it was also discovered staff errored in approving the CZC with loading bays that were oriented toward and approximately 170 feet from a multifamily development. Per UDC 11-4-3-25,all mechanical equipment emissions; shipping and/or delivery; or other outdoor activity areas shall be located a minimum of three hundred(300) feet from any abutting residential districts, or the use is subject to a conditional use permit. A. Future Land Use Map Designation(https://www.meridiancity.or /elan This property is designated Mixed Use—Non-Residential(MU-NR) on the Future Land Use Map (FLUM). The purpose of the MU-NR designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. The property is zoned I-L. The existing light industrial building was constructed as a principally- permitted use in this zoning district. There is a church, offices, flex space, and other warehousing uses to the east, south and north. Directly to the west of the subject warehouse is an area of Mixed-Use Community and multi-family housing in the R-40 zoning district(Pine 43). Although a light industrial warehouse is an appropriate use in the I-L district, outdoor mechanical equipment and shipping and/or delivery and other outdoor activity areas within 300 feet of the abutting residential requires a conditional use permit. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): • No new residential uses will be permitted(existing residential may remain). No residential uses are proposed, but there is existing multifamily approximately 170 ft. to the west of the newly constructed building. • All developments should have a mix of at least two types of land uses. The existing building so far contains a cabinet shop and an indoor recreational use(K-1 Speed). The overall MU-NR designated area does have a mix of uses; offices,flex space, and a church exist within the greater MU-NR area. • A transitional use is encouraged on the perimeter of the MU-NR areas between any existing or planned residential development. A light industrial building is a principally permitted use in the I-L zoning district, which is directly adjacent to the multifamily development. It should be noted the subject property was zoned for light industrial uses in the early 1990's- long before the property to the west was rezoned for multifamily uses. However, the outdoor mechanical equipment and loading area requires the need to review the impacts of the uses through a conditional use permit. Page 4 • Plan for industrial areas with convenient access to state highways or the rail corridor, where appropriate The existing development is located near S. Eagle Rd. a state highway, and a rail corridor is approximately 1,800 ft. to the south. • Proactively address potential conflicts between incompatible uses. The subject property contains a 207,000 sq.ft. light industrial building located approximately 170 feet from the nearest multifamily building. There is a pathway and landscape buffer located between the industrial building and the adjacent residential. The applicant submitted a narrative which indicates a noise study was initiated with the mechanical equipment(cabinet shop dust collector) operating at full capacity. The study results reflect a noise level of 62 decibels as measured at the property line. This is the same decibel level allowed for amplified devices in City of Meridian Parks and corresponds to the sound level of a normal conversation (60 dB). The applicant is proposing to install 8 ft. high steel columns and metal acoustic decking around the cabinet shop dust collector to reduce noise and screen equipment(see attached exhibit). The applicant notes business hours would be between 7:00 AM to 5:00 PM Monday through Sunday. Staff does support installation of the proposed mechanical enclosure and hours of operation as proposed by the applicant. However, although the screening, landscaping and pathway do reduce the "hard transition"between the industrial building and the residences, staff believes more could be done to soften and screen the transition between the differing uses. As a condition of approval, staff recommends a combination of 8 ft. high opaque fencing and additional evergreen landscaping including trees or shrubs. This shall be installed in the vicinity of the pathway along the western building elevation and northwest property corner sufficient to provide visual screening of the equipment and loading bays as viewed from the pathway and adjacent residential. Fencing and landscaping may have breaks and be clustered and grouped to maximize screening efficiency and produce a more natural appearance. C. Existing Structures/Site Improvements: There is an existing 207,000 sq. ft. light industrial building on the property. This is a principally- permitted use in the I-L zoning district, subject to the specific use standards set forth in UDC 1I- 4-3-25. D. Proposed Use Analysis: The property is zoned I-L. Light industrial buildings are a permitted use in this zoning district subject to specific use standards. E. Specific Use Standards (UDC 11-4-3): Light industrial buildings are allowed in the I-L zoning district subject to additional requirements. These include all mechanical equipment emissions; shipping and/or delivery; or other outdoor activity areas being located a minimum of three hundred(300)feet from any abutting residential districts, or the use is subject to a conditional use permit. F. Dimensional Standards(UDC 11-2): There is a 35 ft. street setback required in the I-L zoning district. A 20 ft. wide landscape buffer is required along collector streets and a 10 ft. wide buffer is required along local streets. There is a Page 5 25 ft.wide buffer required adjacent to residential uses. Maximum building height is limited to 50 ft. There is already an existing 207,000 sq. ft. light industrial building constructed on the property which was approved through CZC in 2020 and meets the above dimensional requirements. As mentioned above,the building was erroneously approved with loading bays facing adjacent multifamily, and outdoor mechanical equipment was constructed that was not indicated on the site plan, landscape plan or building elevations. Thus,the need for the subject CUP. G. Access(UDC 11-3A-3, 11-3H-4): Four(4)driveway accesses have been approved on the overall site plan—two(2)accesses via E. State Avenue(local street)to the south and two (2)accesses via N. Hickory Avenue(industrial collector)to the east.ACHD has approved the location of all access driveways with the Certificate of Zoning Compliance (A-2020-0165). Truck loading access occurs on the west side of the building. H. Parking(UDC 11-3C): UDC 11-3C requires 1 parking space per 2,000 sq. ft. for industrial uses. With a building size of 207,000 sq. ft., 104 parking spaces were required. 235 parking spaces were approved with the certificate of zoning compliance. UDC 11-3A-19 requires no more than 50%of total off-street parking to be between the building facades and the street. During the time of CZC A-2020-0165,the Director granted Alternative Compliance from this requirement. This was due to the length of the building making walking from the rear to the front impractical, and the necessity to separate passenger access from truck access.As it is not desirable to configure the site with truck traffic and loading facing the street, the west side of the building was the best option for truck access. However,this resulted in the loading bays being within 300 feet of the adjacent multifamily. I. Pathways( UDC 11-3A-8): There is a 10 ft. wide multi-use pathway on the property within an easement along the western boundary. As the western side of the building containing the loading bays and mechanical equipment is highly visible from the pathway as well as the existing multifamily, staff does believe additional visual mitigation could be appropriate.As mentioned above, staff recommends an addit J. Sidewalks(UDC 11-3A-17): All pedestrian improvements are existing. There are existing 5-foot wide attached sidewalks along E. State Avenue and N. Hickory Avenue that meet UDC standards. K. Landscaping(UDC 11-3B): A 10-foot wide street buffer was been provided along E. State Avenue, a local street, and a 20- foot wide street buffer is required along N. Hickory Avenue, a collector street, landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping was required per the standards listed in UDC 11-3B-8C.A 25-foot landscape buffer to the existing multi-family residential to the east was also installed. As mentioned above, staff is recommending a combination of additional fencing and denser landscaping to screen the mechanical equipment and loading bays from the adjacent pathway and multifamily residential. Page 6 L. Fencing(UDC 11-3A-6, 11-3A-7): There is presently no perimeter fencing along the subject property. The applicant is proposing to install 8 ft. high steel columns and metal acoustic decking around the cabinet shop dust collector to reduce noise and screen equipment(see attached exhibit). M. Utilities(UDC I1-3A-21): All utilities are existing. N. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Building elevations were approved with the certificate of zoning compliance. As already mentioned,there are discrepancies between the elevations that were approved with the CZC and what was actually constructed. Staff is presently working with the applicant to address this through a modification to the CZC. VI. 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 July 21,2022. At the public hearing.the Commission moved to approve the subject conditional use permit request. I. Summary of the Commission public hearing: a. In favor: Josh Hersel b. In opposition:None C. Commenting: Josh Hersel 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. None 3. Key issue(s)of discussion by Commission: a. Commission discussed the fencing and landscaping. 4. Commission change(s)to Staff recommendation: a. Commission modified Condition A-2 to add that the applicant shall work with the City for the best landscape buffer for both parties. Page 7 EXHIBITS A. Site Plan from Approved CZC(date: 9/25/2020) GEM r� 11ie 4 3 MLAcfarndv .•— n I I i u oor ❑ Ing'Teal 77 - f I I M• — — I I I f yapp.:.reo 1- .ODD,qu— F1 Sp—H-2'"-DFU F—Will be n�-nal.re3. ct ------------- �I f I- r —- I v' f Page 8 B. Landscape Plan(date: 9/25/2020) .) AI l m n_ ` - -- w ¢' a NEW WAAFJH%16E V.•i J H Al a t `�'= ��� + Y• ,�.{ L. : rmwKORYAVC - .._' Page 9 C. Rear elevation and equipment screening. r T` low Mechanical enclosure proposed in this area - - — — — — — — — — — — — — — — — — — — — — — — — — — — — — ._. _. � Page 10 D. As built photograph indicating equipment and loading bays. dF I� ri W1, � �'✓1 f%�G'Y 1 f�'� y�•�1•, F I � r..._ c...i IL '5:�4F� Page 11 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning 1. The applicant shall comply with the site plan, landscape plan, and building elevations approved with A-2020-0165 with the revisions as indicated below. 2. The applicant shall install a combination of 8 ft. high opaque fencing and additional evergreen landscaping including trees or shrubs in the vicinity of the pathway along the western building elevation and northwest property corner. Such screening shall be sufficient to provide visual screening of the equipment and loading bays as viewed from the pathway and adjacent residential. Fencing and landscaping may have breaks and be clustered and grouped to maximize screening efficiency and produce a more natural appearance. The applicant shall work with the City for the best landscape buffer for both parties. 3. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-25—Industry, light and heavy. 4. Hours of operation for industrial uses shall be limited to 7:00 AM to 5:00 PM.Hours of operation for the indoor recreation facility shall be limited to 12:OOpm— 10:00pm Monday-Thursday, 10:00am— 10:00pm on Sundays, and 10:00am— 11:OOpm Fridays and Saturdays. 5. 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 11-513-617.4. B. Land Development C. Ada County Highway District(ACHD) hgps://weblink meridianciU.org/WebLink/Doc View.aspx?id=264290&dbid=0&repo=MeridianCity VIII. FINDINGS 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 the dimensional and development regulations of the I-L zoning district for the proposed use and a certificate of zoning compliance was already issued. 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 this is a light industrial building in a light industrial zone, this was a principally permitted use. Because there is outdoor mechanical equipment and outdoor loading bays less than 300 feet from existing multifamily, a conditional use permit is required. If staff's conditions regarding additional landscaping and/or fencing are accepted, Commission believes the proposed use will be harmonious with the Meridian comprehensive plan. 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. If the acoustic screening is installed around the dust collector system as shown in the elevations, and staffs recommendations are followed in regard to screening, Commission would find the design, construction, operation, and maintenance of the proposed use with the conditions Page 12 imposed, should be compatible with other uses in the general vicinity and should 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. 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. As mentioned, if the acoustic enclosure is installed around the dust collector and staff's recommendation regarding screening is followed, Commission would find this criteria would be met. 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 13 E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Changes to Agenda: None Item #3: Lavender Place Subdivision (H-2022-0036) Application(s):  Preliminary Plat and Conditional Use Permit Size of property, existing zoning, and location: This site consists of approximately 3.79 acres of land, zoned R-40, located at 2160 E. Lake Hazel, approximately 1/4 mile east of S. Locust Grove on the north side of Lake Hazel. History: H-2020-0004 (Lavender Heights Sub., AZ, PP); H-2022-0017 (MDA) Comprehensive Plan FLUM Designation: Medium-High Density Residential (MHDR) Summary of Request: Preliminary Plat consisting of four (4) single-family attached building lots and 26 single-family townhome lots on approximately 3.79 acres of land in the existing R-40 zoning district; Conditional Use Permit to construct 26 townhome lots within the R-40 zoning district; Private Street application for proposed single-family development. Application also includes three (3) Alternative Compliance requests—Common Drive standards, Private Street standards, Off-street parking standards. Lavender Place subdivision is approximately 3.8 acres and was annexed into the City in 2020 as part of Lavender Heights Subdivision. As part of this annexation, the subject site was approved with the R-40 zoning district. Applicant is proposing the project to be largely “alley” loaded with all but two of the proposed units fronting on green space to comply with the Private Street applicability standards; subsequently, multiple detached sidewalks are included for added pedestrian access through the site. With the proposed plat of 30 residential units and requested land use of alley-loaded single-family attached and townhome units, the Applicant is introducing a new housing type to the overall Lavender Heights development. In addition, the proposed placement and site design offer great pedestrian connectivity to the nearby Discovery Park (across the street) to the south and to the remaining open space and amenities within Lavender Heights. According to the submitted conceptual elevations, the Applicant is proposing to construct the homes within this project of similar style to those within the parent development, Lavender Heights. This furthers Staff’s belief that the proposed Lavender Place Subdivision complies with the comprehensive plan and previous approvals. Project complies with all UDC requirements except for those related to the Alternative Compliance requests. The Applicant is requesting Alternative Compliance (ALT) to the Private Street standard that prohibits a common drive taking access from the private street, to the off-street parking standards for the parking pad requirement for homes with 3 or 4 bedrooms, and to the common drive standards requiring no more than 3 homes on one side of a common drive. Staff/Director have approved these requests but has offered an alternative solution to the requested off-street parking ALT request. Per the submitted parking exhibit (see snip below), the Applicant is proposing to alternatively comply with the off-street parking standards by providing 18 parking spaces that will be designated for each specific unit. Each of the proposed residential units is shown with a 2-car tuck under garage providing the required off-street parking for 2-bedroom homes and meets the requirement of a 2-car garage for 3-bedroom units. However, due to the odd-shape of the parcel that creates a constrained building area, the Applicant proposed private streets and an alley-loaded product that does not readily allow for the required 20’ by 20’ parking pad for the nine (9) 3 and 4-bedroom homes. The Applicant placed the parking spaces directly across the private street from each unit to minimize the distance homeowners would have to traverse to access their additional parking spaces. In addition to the 18 parking spaces designated for the residents, the Applicant is also showing 7 additional guest parking spaces. NOTE: Parking is prohibited on the private street as well as along Lake Hazel and Bloomerang, the collector street where the private street takes access from. Staff finds the proposed alternative as one option to meet the intent of the off-street parking requirements when accounting for the required density of the existing Development Agreement, site constraints, and limited access for the site. However, upon further review, Staff is recommending a modification to the ALT request: Staff recommends one parking space is allocated for each 3 or 4-bedroom unit instead of two spaces. It is difficult to predict the number of cars each unit will produce so Staff finds it more prudent to offer additional spaces for the entire development and not just the units with more bedrooms. Staff’s recommendation would increase the number of guest spaces from seven (7) up to 16 spaces which should allow for more appropriate flexibility in their use for future residents and guests of this development. An additional option, should Commission or Council find the amount of off-street parking is not adequate overall, is to limit the number of units containing 3 or 4 bedrooms as a plat condition. Staff’s other recommended site design revision is in regard to adding a micro-path lot into the development to further the north-south connection through the project. Staff is recommending a new 5-foot wide micro-path is located between Lots 24 and 25, Block 11 (the two 4-plex buildings shown along Lake Hazel) and for the Applicant to add an additional sidewalk segment around the plaza to for better pedestrian connectivity—Staff is open to more than one design to accomplish the goal of increasing pedestrian connectivity in this area. Staff also has concerns with the placement and design of the driveways for Lots 32 and 33. Due to the design of the private street, both of these driveways are deeper than 5 feet (minimum garage alley setback) but are not 20 feet deep to accommodate an off-street parking space. Staff is concerned these sub-standard driveways will encourage residents to park in these areas and would prohibit safe vehicular movement on the private street near the entrance of the project. Written Testimony: None Staff Recommendation: Staff recommends approval. 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- 2022-0036, as presented in the staff report for the hearing date of August 4, 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- 0036, as presented during the hearing on August 4, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0036 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #4: Torino Locust Grove Subdivision (H-2022-0038) Application(s):  Annexation and Short Plat Size of property, existing zoning, and location: This site consists of 1.03 acres of land, zoned R-1 in Ada County, located near the northeast corner of S. Locust Grove Rd and E. Bentley Dr. History: None Comprehensive Plan FLUM Designation: Medium Density Residential (MDR) – Proposed project density is 3.7 Dwelling units to the acre which is consistent with the density range of 3 to 8 dwelling units to the acre. Summary of Request: Annexation of 1.03 acres of land with the R-8 zoning district, and short plat consisting of 4 single family residential building lots. Access: Access is provided for S. Locust Grove via a common driveway. Staff is recommending that the common driveway be placed in a common lot and be extended to the eastern boundary as noted below. Landscaping: A 25 ft. wide landscape buffer is required to be constructed along S. Locust Grove Rd. No additional landscaping is required by City code because the property is under the 5-acre threshold. The landscape plan does not indicate whether there are any existing trees on the property that meet the preservation requirements. This must be reflected on the landscape plan prior to City Engineer signature. Fencing: Fencing for the residential lots must comply with UDC standards in UDC 11-3A-7. Written Testimony: Staff has received written testimony in opposition from Stan and Elaine Sears, Patricia Christensen, Jeanette Tanner and Ryan and Glenna Newby – Issues expressed include increased density, traffic, compatibility with surrounding County residences and potential for multifamily. Staff Recommendation: Staff recommends approval with the following revision to Condition 1.b as listed in the staff report: The 20 ft. wide common driveway shown on the short plat shall be extended to the eastern property line in a common lot and receive Fire Marshall approval to exceed 150 feet in accord with UDC 11-6C-3D. When the property to the east annexes into the City and develops, access to the subject property shall occur from S. Torino Ave and the existing S. Locust Grove access shall be closed or used for emergency access purposes only. 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- 2022-0038, as presented in the staff report for the hearing date of August 4, 2022, with the revision to Condition 1.b that only the common driveway be extended to the eastern property line: (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- 0038, as presented during the hearing on August 4, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0038 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: Overland & Wells II (H-2022-0030) Application(s):  Development Agreement Modification (does not require action by the Commission)  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 11.65 acres of land (18.75 for the overall site), zoned C-G, located at 2600 E. Overland Rd. History: This property was annexed in 1994 & a DA was approved in 2016, which was later amended in 2020. A preliminary plat was approved in 2021, which included the adjacent property to the east – a final plat has not yet been approved for this property. Comprehensive Plan FLUM Designation: Mixed Use – Regional (MU-R) Summary of Request: The Applicant has submitted an application for a modification to the existing DA to change the development plan on the northern portion of the site from a retail grocery store to multi-family residential. This application does not require action by the Commission, City Council is the decision-making body on this as well as the concurrent CUP application. A CUP is requested for a MFR development consisting of 351 apartment units with a mix of studio, 1- and 2-bedroom units at a gross density of 30.13 units per acre; a clubhouse/swimming pool and other site amenities are also proposed on 11.65 acres of land in the C- G zoning district. The conceptually approved WinCo grocery store on this site would have provided a regional draw to this area as desired, whereas residential uses do not but they do provide housing for workers in the MU-R designated area and the general vicinity. A MFR development consisting of 360 units by the same developer was recently approved to develop on the adjacent property to the east – nd this is proposed to be the 2 phase of the development. Although the residential uses aren’t integrated with the adjacent commercial uses as desired in MU-R designated areas, pathways are proposed for pedestrian connectivity between these uses. Staff is not recommending a mix & integration of uses with this development as the property has already been entitled with zoning. st Access is proposed from the south via S. Wells Ave. to be extended from E. Overland Rd., a mobility corridor, with the 1 phase of the nd subdivision & from the west via E. Cinema Dr., a local street, with the 2 phase of the subdivision. This site is approximately a ½ mile west of the Overland/Eagle Rd. intersection on the south side of the I-84 off-ramp. Transit services are available to serve this site via Route 42. Overland Rd. is listed in the Capital Improvement Plan (CIP) to be widened to 7-lanes from Locust Grove to Eagle Road between 2036 & 2040. The intersection of Eagle & Overland Roads is listed in the CIP to be widened to 7-lanes on the north leg, 8- lanes on the south, 8-lanes on the east and 8-lanes on the west leg and signalized between 2031 and 2035. The ACHD report states the PM peak hour level of service is “E” which is an “acceptable” LOS. Although overall, the LOS may be “acceptable”, certain roadway segments and/or intersections turning movements are currently failing and will be worse with the adjacent MFR development to the east and the proposed development – This should be considered when approving this application prior to the aforementioned improvements planned with the CIP being completed. Off-street parking is proposed in excess of UDC standards. A total of 629 spaces are required, 653 spaces are proposed. Bicycle parking is proposed in accord with the minimum standards. A minimum of 3.18 acres of common open space that meets the standards for such is required, or, alternative compliance may be requested. The common open space exhibit that was submitted shows 2.55 acres is proposed consisting of linear open space along the north & west boundaries of the site; a park with grass consisting of 9,803 s.f. in area; a large amenity area; roof-top terraces on the clubhouse and leasing office; and street buffer and additional common area along E. Cinema Dr. There is a 20’ wide sewer easement located along the west boundary of the site with a 14’ wide access road that will prohibit landscaping in that area; therefore, much of that area will not be able to be counted. Staff recommends revisions to the plans to comply with the minimum standards & an updated common open space exhibit is submitted prior to the Council hearing. Amenities are proposed for the development exceeding the minimum standards. Conceptual building elevations & perspectives were submitted for the proposed structures as shown. The 2 northern buildings will be 4- stories, the 2 southern buildings will be 3-stories and the clubhouse will be 2-stories in height. A modernist vernacular theme of design is proposed with a monochromatic color palette of off-whites and shades of gray with lap siding accents and decorative balcony railings for color and texture. Final design is required to comply with the design standards in the ASM. Written Testimony:  Greg Goins, WinCo Foods – In support of the proposed development.  Elizabeth Koeckeritz, Givens Pursley (Applicant’s Representative) – Response to the staff report nd  Condition #A.3 requires a final plat to be submitted, approved and a plat recorded for the 2 phase of this subdivision in order to create a developable parcel prior to submittal of a CZC & DR application for the proposed development. The Applicant requests approval to submit the CZC/DR applications after the final plat for this phase has been approved by st Council but before it’s been recorded. The findings for the 1 DA amendment & preliminary plat require the property to be subdivided (i.e. final plat recorded) prior to submittal of any CZC/DR applications for the site. Therefore, this request cannot be granted.  Condition #B.2.9 requires street signs to be in place, sanitary sewer & water system to be approved and activated, road base approved by ACHD & the final plat recorded prior to applying for building permits. The Applicant requests this condition is amended so that they can apply for building permits after the final plat is approved but not yet recorded. Again, the final plat is required to be recorded first in order to create a parcel that’s eligible for development. This request cannot be granted.  Condition #A.2 requires a revised common open space exhibit to be submitted prior to the Council hearing that complies with the minimum standards – the Applicant proposes to request ALT from these standards. Staff Recommendation: Approval Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0030, as presented in the staff report for the hearing date of August 4, 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- 0030, as presented during the hearing on August 4, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0030 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Planning and Zoning August 4, 2022Commission Meeting Item #3: Lavender Place Sub. PP, CUP, PS PLANNED DEVELOPMENTZONING MAP Preliminary Plat Landscape Plan Conceptual Elevations Color Plan Parking Exhibit Item #4: Torino Locust Grove Subdivision AerialZONING MAP Short Plat / Landscape Plan extendedCommon lot to be be constructedCommon driveway to Item #5: Overland & Wells II Zoning MapAerial MapZoning MapFuture Land Use Map Modification & Conditional Use PermitDevelopment Agreement – Existing Conceptual Development PlanProposed Conceptual Development Plan Proposed Landscape PlanProposed Amenities Proposed Common Open Space (not approved) Conceptual Building Elevations W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing continued from July 21, 2022 for Lavender Place Subdivision (H-2022-0036) by Breckon Land Design, Located at 2160 E. Lake Hazel Rd. Link to Project Folder: https://bit.ly/H-2022-0036 A. Request: Preliminary Plat consisting of four (4) single-family attached building lots and 26 single-family townhome lots on approximately 3.79 acres of land in the R-40 zoning district. B. Request: Conditional Use Permit to construct the requested 26 townhome lots within the R-40 zoning district. PUBLIC HEARING SIGN IN SHEET DATE: August 4, 2022 ITEM # ON AGENDA: 3 PROJECT NAME: Lavender Place Subdivision (H-2022-0036) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 = - 2 3 ( � 5 6 7 8 9 10 11 12 13 14 STAFF REPORT C:�*%_ W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/21/2022 Legend DATE: 0 E11Project Location TO: Planning&Zoning Commission ��� FROM: Joe Dodson,Associate Planner 208-884-5533 ®� SUBJECT: H-2022-0036 Lavender Place Subdivision , LOCATION: The site is located at 2160 E. Lake Hazel � '�� Road, approximately 1/4 mile east of S. Locust Grove on the north side of Lake ` Hazel,in the SE 1/4 of SW 1/4 of Section,' r' ; 32,Township 3N,Range lE. _a I. PROJECT DESCRIPTION • Preliminary Plat consisting of four(4) single-family attached building lots and 26 single-family townhome lots on approximately 3.79 acres of land in the existing R-40 zoning district; • Conditional Use Permit to construct 26 townhome lots within the R-40 zoning district; • Private Street application for proposed single-family development requiring administrative approval only,by Breckon Land Design on behalf of LH Development,LLC. NOTE: Application also includes three(3)Alternative Compliance requests,discussed in subsequent sections of the staff report. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.79 acres Future Land Use Designation Medium-High Density Residential 8-12 du/ac Existing Land Uses Vacant land Proposed Land Use(s) Attached Single-family Residential and Townhome Residential Lots #and type;bldg./common) 26 townhome lots and four 4 single-family attached lots. Number of Residential Units 30 residential units Density Gross—7.92 du/ac Open Space(acres,total Open Space was approved as part of previous Lavender [%]/buffer/ ualified) Heights approvals Amenity Seating area. Page 1 Description Details Page Physical Features(waterways, Farr Lateral is adjacent to the site along the entire north hazards,flood plain,hillside) boundary. Neighborhood meeting date;#of March 2,2022—No attendees attendees: History(previous approvals) H-2020-0004(Lavender Heights Sub.,AZ,PP);H-2022- 0017(MDA) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Traffic Impact Study No es/no Access No direct access to Lake Hazel. (Arterial/Collectors/State Access is proposed via a new private street connection to S. Bloomerang Hwy/Local)(Existing and Avenue,an existing collector street abutting the west property boundary. Proposed) Stub No stub streets are proposed or required as there are no existing stub streets. Street/Interconnectivity/Cross Access Existing Road Network Lake Hazel and Bloomerang are existing public streets. Existing Arterial Sidewalks/ Through previous approvals(H-2020-0004),arterial sidewalks and buffer Buffers have been constructed. Proposed Road New private street for access to all proposed lots. Improvements Fire Service • Distance to Fire 4.1 miles from Fire Station#4(Approximately 600 feet from approved fire Station station#7 on Lake Hazel; response time will fall within the 5-minute response time goal area). • Fire Response Time Project currently does not reside within the Meridian Fire 5-minute response time goal area. • Resource Reliability Fire Station#4 reliability is 77%(below the goal of 80%) • Risk Identification Risk Factor 2—Residential with hazards(open waterway—Farr Lateral) • Accessibility • Proposed project meets all required road widths,access,and turnaround dimensions. Police Service No Comment Wastewater • Distance to Sewer N/A Services • Sewer Shed Black Cat Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining Balance • Project Consistent Yes with WW Master Plan/Facility Plan Page 2 Description Details Page • Impacts/Concerns • Flow is committed • Sewer main and manhole must be centered along easement. • Utility easement not listed on Declaration St. 30' easement is required for sewer and water running in parallel. Water • Pressure Zone 5 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • Per the Pre-application notes applicant to connect to Lake Hazel Road in addition to Bloomerang connection.Connect at the eastern side of the site. • Max length for one-inch lines feeding two lots is 80' from main to water meter vaults. Service to lot 19 and 20 appear longer than 80.Address if line is one-inch. • 20'easement needed up water meter vault and past as space allows. Page 3 ' 1 1 . 1 1 I ON 1`r - • - e III .._� --v•�E. �I Yi illi I/��'•'_ mm�rin ' I �-�_ Ii1111Iv','i; ,�'` L-AKE HAZEL LAKE iiAZEL - - --- IIII IIII nit- i • ���-�I - �� ��Imo-111 r■\1 Il��q ���r■ 11� 1 ::r�rr:'gl 1 1111111 • • -• •• - ��r��r�r_�1 1 1111111 IAPLICJ � � ��_ �p-�i � �111111 111111111111 �_ •! I� �� �- -- !l � I��1111111111111� � —'�71'�"Tr: ��= - ,__ sue_■-: � `-,�- ___= 1`n sl r.. ir., illllllll n LAKE_HAZEL =- - L--Ake=ri�rlEL G71111 = IIIIII: � C71111:�� 11111� =Iiy�'�� � � p IIII Illlli� _ �1111111 � -11111111111111� C � j C 1111111 1111111 ■ fit!���� IIIII-�Illrl: 1111=_IIII 11 i 1 1 �" � ' � i 1 ��� • i 1 � i i 1 /. 11 ' � i• �� 1 . �/ i 1� 1 11 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/5/2022 Radius notification mailed to properties within 500 feet 6/30/2022 Site Posting 7/22/2022 Nextdoor posting 6/30/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridiancioy.or /g compplan) Medium-High Density Residential(MHDR)—This designation allows for a mix of dwelling types including townhouses,condominiums, and apartments. Residential gross densities should range from eight to twelve dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. Lavender Place subdivision is approximately 3.8 acres and was annexed into the City in 2020 as part of Lavender Heights Subdivision.As part of this annexation, the subject site was approved with the R-40 zoning district and was anticipated for a future multi family development. Since these approvals, the Applicant has received a development agreement modification (H-2022- 0017) to change the presumed land use on the subject site from multi family to single-family attached and single-family townhome units.In addition, the subject site and its future use does not require a minimum amount of open space and amenities because it is part of the Lavender Heights development and will share the approved open space and amenity package with the rest of the residents. However, the Applicant is proposing a plaza area with seating to provide an amenity within this specific area of the project. Further, the Applicant is proposing the project to be largely "alley"loaded with all but two of the proposed units fronting on green space to comply with the Private Street applicability standards;subsequently, multiple detached sidewalks are included for added pedestrian access through the site. With the proposed plat of 30 residential units and requested land use of alley-loaded single- family attached and townhome units, the Applicant is proposing its densest product(almost 8 units per acre) along Lake Hazel and introducing a new housing type to the overall Lavender Heights development. Both of these factors help the proposed project further comply with the MHDR future land use designation and the comprehensive plan overall.In addition, the proposed placement and site design offer great pedestrian connectivity to the nearby Discovery Park (across the street) to the south and to the remaining open space and amenities within Lavender Heights.According to the submitted conceptual elevations, the Applicant is proposing to construct the homes within this project of similar style to those within the parent development, Lavender Heights. This furthers Staffs belief that the proposed Lavender Place Subdivision complies with the comprehensive plan and previous approvals. B. Comprehensive Plan Policies(https:llwww.meridiancitE.or /�compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Page 5 "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).As discussed above, the subject project is proposed with a housing type not seen within the parent development of Lavender Heights nor within nearby developments. Staff finds the addition of single-family townhomes and single-family attached units add to the diversity of housing available in this area of the City. "Establish and maintain levels of service for public facilities and services,including water, sewer,police,transportation, schools,fire, and parks"(3.02.01G).All public utilities are available for this project site due to the Lavender Heights development currently under construction to the north. The abutting public roadways are constructed to their full widths at this time(Lake Hazel is planned for widening in the future)with additional right-of-way dedicated with previous applications. This project does not currently lay within the Fire Department response time goal of 5-minutes but will once Fire Station 7 is constructed and staffed directly south of the property, anticipated in late Summer 2023. Further, the proposed project meets all Fire required turnarounds, road widths, and meets the maximum number of units allowed off of a singular access, 30 homes. West Ada School District has not made comments on this application but an additional 30 homes are expected to generate approximately 24 school aged children. Staff finds that the existing and planned development of the immediate area create conditions for levels of service to and for this proposed project that meet code requirements. "Preserve,protect, and provide open space for recreation,conservation, and aesthetics" (4.05.01F). The subject property is less than 5 acres in size so code does not require a minimum amount of open space. Furthermore, the subject property is already annexed into the City and is part of a larger development(Lavender Heights) that contains open space and amenities in excess of code requirements at the time of approval. The Applicant is proposing a relatively small area of open space in this project in the form of a plaza with benches for seating and includes other accessory landscape areas in the project for aesthetics and quality of life. Because the subject project will be part of the overall Lavender Heights HOA and is proposed with easy access to a multi-use pathway segment and open space directly to the north, Stafffinds the subject site provides appropriate open space for the proposed project in the larger context of the development and the immediate area. "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). This new subdivision is located between E. Lake Hazel Road, an arterial street, and the Farr Lateral that is proposed with a segment of multi-use pathway previously approved with the Lavender Heights development to the north. The previous approvals included approximately 7 acres of usable open space that interconnects with internal sidewalks and a large multi-use pathway segment throughout the development; the subject project continues this design element while introducing a new housing type to the area. In addition, the proposed development will continue to preserve opportunities for residents to get to Discovery Park;Discovery Park lies across E. Lake Hazel Road, directly south of this project. Staff is recommending slight modifications to the plat to accommodate a more direct path north- south through the site to allow for even easier, more direct access to the park. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (2.02.011)). The proposed project includes multiple detached sidewalks and micro paths throughout the site and fronts nearly half of the units towards a new segment of multi-use pathway offering ample pedestrian facilities that connect to the adjacent parent subdivision to the north, Lavender Heights, and to the arterial sidewalk along Lake Hazel. Staff finds the proposed site design and proposed pedestrian facilities will link the Page 6 project to existing and planned development in the area, specifically to Lavender Heights to the north and Discovery Park to the south. "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). Urban services include services and uses beyond that of utilities and emergency response;gas stations, grocery stores,public parks, and other retail/office uses are essential for a good quality of life. The subject site is relatively far removed from commercial services at this time but the new Albertson's grocery store approximately 1 and a half miles to the northeast and planned commercial approximately % mile to the west will help fill the urban services gap currently existing in this area of the City. Furthermore, the City's soon-to-be largest public park is located directly south of the subject site, Discovery Park. Therefore, despite commercial services not currently being within walking distance of the subject site, Staff finds the planned development in vicinity of the project site constitutes adequate urban services for this project. In addition, Lavender Place Subdivision is an extension of the already under construction Lavender Heights Subdivision to the north and is adjacent to multiple other developments in this area of the City. These facts further Staffs belief the subject site will be adequately served by public and urban services in the near-term future. Staff finds this development to be generally consistent with the Comprehensive Plan, as discussed throughout the above sections and comprehensive plan policies. C. Existing Structures/Site Improvements: There are no existing structures on the subject site. However, a segment of the Farr Lateral lays within the subject site and runs along the entire north boundary. This waterway is proposed to remain open and was previously approved to do so. D. Proposed Use Analysis: The proposed uses within this project are all residential—single-family attached(2 units connected) and single-family townhomes (3 or more attached units). The proposed single-family attached residential use is a permitted use within the existing R-40 zoning district but the proposed townhouse dwellings require Conditional Use Permit(CUP) approval within the R-40 zoning district,per UDC Table 11-2A-2. The Applicant has submitted a CUP with the preliminary plat application for this purpose. The submitted Lavender Place plat is proposed to be constructed in one(1)phase but is essentially phase 4 of the parent development, Lavender Heights Subdivision. Staff supports the residential uses proposed within the Lavender Place Subdivision because they help the project meet the minimum density requirements of the overall Lavender Heights project and will add two additional housing types to this project and to the immediate area. This is supported by our comprehensive plan as discussed above. Therefore, Staff recommends approval of the subject CUP request for townhomes within the existing R-40 zoning district. The required findings can be found in Section IX at the end of this report. E. Dimensional Standards(UDC 11-2): The submitted preliminary plat is proposed within existing R-40 zoning district area and requires compliance with the dimensional standards within UDC Table 11-2A-8. Specifically,the plat should depict compliance with the minimum lot size requirement of 1,000 square feet. Because home placement on the building lot is not yet known at the time of preliminary plat submittal, setbacks cannot generally be reviewed at this time. However,per the submitted plat,the Applicant is showing the building envelope on each lot including the proposed zero lot-lines for the attached units. In addition, all subdivision developments are also required to comply with Page 7 Subdivision Design and Improvement Standards (UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements of the R-40 zoning district including minimum building lot size and building setbacks based on the depicted building envelopes shown. Further, the submitted plat appears to meet all UDC standards outlined in UDC 11-6C-3 except for the Common Drive standards and the maximum length allowed for a dead-end street. The Applicant is requesting Alternative Compliance to the common drive standards—Staff analysis on this is in the below Access section (Section V.G). In addition, the Applicant requires Council approval for the proposed dead end street that exceeds 500 linear feet but is less than 750 feet(approximately 680 linear feet),per UDC 11-6C- 3B.4b. Per the allowances noted within this code section, Staff recommends approval of the proposed street length as there is no opportunity for connectivity to the north due to the Farr Lateral abutting the entire north boundary and because staff does not support an additional access to Lake Hazel to the south, an arterial street. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed residential dwellings. Note that attached single-family and townhomes require Design Review approval before building permit submittal. Therefore, Staff will review each set of elevations for compliance with the single-family residential architectural standards. Staff recommends the Design Review application be submitted with the final plat application. The submitted elevations depict two-story homes with two-car garages for each unit.As discussed above, the proposed homes are "alley"loaded and therefore have the garage facades facing the internal private street and the pedestrian access for each home entrance faces green spaces throughout the site. The elevations depict varying color choices with lap siding as the main field material and varying accent materials including stone and architectural wood material(see snip below). ICI G. Access(UDC 11-3A-3, 11-3H-4): Access to Lavender Place is proposed via construction of a new private street(depicted as E. Declaration Street)that connects to S. Bloomerang Avenue(a collector street)at the west property boundary. The private street is proposed at a width of 25 feet measured to the back of the rolled curb,with no sidewalk. Private streets are governed by the standards outlined in UDC 11-3F-4 and the findings in UDC 11-3F-5. Further,vehicular access to each residential building lot is proposed from this private street and provides 5' of concrete beyond the edge of the private Page 8 street to delineate the driving surface from the building lots.NOTE: Two of the homes are depicted with driveways at least 20 feet in depth and width per code and two are shown with driveways less than 20 feet deep but deeper than 5 feet.More analysis on this is below. According to the submitted plat, the proposed private street complies with all UDC standards except for the common lot requirement and the prohibition that a common drive takes access from the private street.According to submitted plat, the Applicant has noted the private street is on a common lot(Lot 2, Block 11) but this common lot encompasses other common area as well. UDC 11-3174A requires the private street be on its on singular common lot. Therefore, the Applicant is required to revise the plat to add an additional common lot solely for the private street. The Applicant is requesting Alternative Compliance (ALT) to the Private Street standard that prohibits a common drive taking access from the private street, as allowed per UDC 11-5B-5B. In order to meet the City's desired density in this area and within the Lavender Heights overall development, the Applicant is proposing a common drive off of the private street to serve 4 building lots on its west side. Further, the Applicant is proposing 3 off-street parking spaces at the end of the common drive. Staff supports the inclusion of the common drive within this development to allow additional building lots that increase the overall gross density as envisioned by the Comprehensive Plan and to meet the minimum number of units required within the existing Development Agreement. Therefore, Staff supports the Applicant's Alternative Compliance request to the UDC 11-3F-4A.6 standard. See the required findings in Section IX below. However, Staff does have concerns with the placement and design of the driveways for Lots 32 and 33. Due to the design of the private street, both of these driveways are deeper than 5 feet (minimum garage alley setback) but are not 20 feet deep to accommodate an off-street parking space. Staff is concerned these sub-standard driveways will encourage residents to park in these areas and would prohibit safe vehicular movement on the private street near the entrance of the project. Staff does not have a specific revision but wants to point out this probable conflict so the Applicant can make revisions to the plat and design to mitigate this issue. With the submittal of the final plat,provide an exhibit either showing that the distance between the face of garage and the private street is 20'or 5'. Parking in front of a garage less than 20 feet deep is prohibited. In addition to the ALT needed for the common drive off of a private street, an additional ALT request is being made for an alternative to the common drive standards (UDC 11-6C-3D) to allow four(4) lots to take access from the same side of the common drive where code allows only three(3) lots.As shown on the submitted plat, the Applicant has proposed 4 lots to take access from the west side of the common drive and a 4 plex building directly east of the common drive that takes access from the private street. Staff finds it is feasible to modem the layout of the plat to comply with the common drive standards but finds this would be more wasteful in the overall layout of the proposed plat and would likely reduce the density within the project. Due to its location and future land use designation of medium-high density residential, the City does not envision a reduction in density along this Lake Hazel corridor. So, Staff finds the proposed site design is an efficient use of the subject area and offers an equal means for meeting the common drive standards. Further, Public Works does not have concerns with the common lot and conflicts with services, which is one of the main reasons for this provision in code. See the required findings in Section IX below. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family dwellings based on the number of bedrooms per unit. The Applicant has submitted an Alternative Compliance request to these standards per their allowance in UDC 11- Page 9 5B-5. Per the submitted parking exhibit(see snip below), the Applicant is proposing to alternatively comply with the off-street parking standards by providing 18 parking spaces that will be designated for each specific unit. Each of the proposed residential units is shown with a 2-car tuck under garage providing the required off-street parking for 2-bedroom homes and meets the requirement of a 2-car garage for 3-bedroom units. However, due to the odd-shape of the parcel that creates a constrained building area, the Applicant proposed private streets and an alley- loaded product that does not readily allow for the required 20'by 20'parking pad for the nine (9) 3 and 4-bedroom homes. The Applicant placed the parking spaces directly across the private street from each unit to minimize the distance homeowners would have to traverse to access their additional parking spaces. In addition to the 18 parking spaces designated for the residents, the Applicant is also showing 7 additional guest parking spaces. NOTE:Parking is prohibited on the private street as well as along Lake Hazel and Bloomerang, the collector street where the private street takes access from. r ' ENTPAN[E CA4MON LUT F G I 440 �860 �nlf4 rs 4 y $ uct7 r + P L Fr �v J. 1� ^o$ . iu a �UEBrf9] . V conuoN 1A"X25'�� ew1MEMR �o o aT ' r y 4P !a) PMIQNG RI PI.NIC TP9LEA &0 Ca4l�T(al C NGH LO7 TWO NC45 WNNgW •WT • T t r mtnnvacuEeLsren Staff ,finds the proposed alternative as one option to meet the intent of the off-street parking requirements when accounting for the required density of the existing Development Agreement, site constraints, and limited access for the site. However, upon further review,Staff is recommending a modification to the ALT request:Staff recommends one parking space is allocated for each 3 or 4-bedroom unit instead of two spaces.It is difficult to predict the number of cars each unit will produce so Staff finds it more prudent to offer additional spaces for the entire development and not just the units with more bedrooms.Staffs recommendation would increase the number of guest spaces from seven (7) up to 16 spaces which should allow for more appropriate flexibility in their use for future residents and guests of this development. An additional option,should Commission or Council find the amount of off-street parking is not adequate overall, is to limit the number of units containing 3 or 4 bedrooms as a plat condition. Staffs Alternative Compliance findings for this request are below in Section IX at the end of this report. I. Sidewalks(UDC 11-3A-17) &Pathways(UDC 11-3A-8): 5-foot wide detached sidewalks are proposed throughout the development that provide the main Page 10 pedestrian access for all of the building lots. In addition,the project includes the final 750 feet of multi-use pathway conceptually approved with the Lavender Heights development that runs along the north of the project and provides pedestrian access for half of the proposed units. As part of the previous approvals,there is an existing 5-foot wide pathway connection from this property to the north that crosses the Farr Lateral via a pedestrian bridge and provides interconnectivity between Lavender Heights phase one and the proposed Lavender Place subdivision. This 5-foot pathway connects to the multi-use pathway segment and leads into a 20' wide paved area near the north portion of the site that is required as access for the public sewer main(see blue marked area below). The proposed sidewalks and multi-use pathway meet UDC standards and comply with previous approvals of this site. 6P _ 4 EN!} 3 - sa 1 I sr,M 3 END -- f t 5TA T 4 f �3} f Q O E + � 2 � s. .... .. - - �._--- 5 Because of the clear north-south connection from the subject site to the open space within phase I to the north over the pedestrian bridge and the sewer easement, Stafffinds it applicable to help maintain this north-south movement. With the proposed design, two 4 plex buildings impede this natural pedestrian flow and no additional sidewalks are shown to help connect this noted area to the sidewalk along Lake Hazel. As depicted in red above, Staff is recommending a new 5-foot wide micro path is located between Lots 24 and 25, Block 11 (the two 4 plex buildings shown along Lake Hazel) and for the Applicant to add an additional sidewalk segment around the plaza to for better pedestrian connectivity—Staff is open to more than one design to accomplish the goal of increasing pedestrian connectivity in this area. The new common lot need only be 10 feet Page 11 wide to accommodate the 5-foot micro path and approximately 2.5 feet of landscaping on each side; Staff does not find it necessary to provide a tree along this new micro path lot for shade as its purpose is simply to be a cut-through between the two buildings where no other convenient north-south pedestrian access currently exists. This appears to be possible by shifting the eastern 4 plex 10 feet to the east and closer to the guest parking spaces (building would be approximately 8 feet from parking space instead of 18 feet). Staff will work with the Applicant to determine the best possible design for this recommendation. J. Landscaping(UDC 11-3B): The required landscaping regulated by code within the proposed development is landscaping along the multi-use pathway segment(UDC 11-3B-12). The required street buffers to Lake Hazel (arterial)and S. Bloomerang(collector)were constructed with phase 1 of the Lavender Heights Subdivision. The submitted landscape plans do not show landscaping along the pathway as this was shown on the previously approved plans for Lavender Heights. Because the subject plat contains this pathway within its property boundary,the Applicant should revise the landscape plans to depict the existing/proposed landscaping along the multi-use pathway to ensure code compliance. The Applicant is proposing a number of trees and landscape beds within the development to offer shade and additional aesthetics to the development. This includes shrubs and other vegetative ground cover within landscape beds along the perimeter of the building lots and trees around the proposed plaza area and adjacent to the proposed parking spaces. In accord with Staffs recommended revision to the plat to include an additional north-south micro path between Lots 24 and 25, Block 11, the Applicant should add some shrubs and vegetative ground cover adjacent to this new micro path. With the final plat application, the Applicant should make these revisions. K. Qualified Open Space and Amenities(UDC 11-3U): The subject plat is less than 5 acres(approximately 3.8 acres) so no minimum open space or amenities are technically required in order to comply with City Code. Despite not being required, the Applicant is proposing a plaza area along the southern property boundary that includes two benches and a picnic table to add an amenity within this project area. Furthermore, future residents of this plat will be part of the larger Lavender Heights Subdivision HOA currently under development to the north and will share in the approved open space and amenities of the larger project(approximately 7.7 acres of open space,multi-use pathway segment,and a swimming pool). In addition,the subject site is directly north of the City's Discovery Park that is currently constructing phase 2 of its planned development and will contain a total of approximately 70 acres of public park and amenity space. Staff finds the proposed and planned open space and amenities of the Lavender Place and Lavender Heights Subdivisions and the adjacent Discovery Park provide adequate open space and amenities for aesthetic and recreational opportunities. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. 4-foot steel tube fencing is proposed as shown on the landscape plan and appears to meet UDC standards.No fencing is shown on the submitted landscape plans within the Farr Lateral easement area. M. Waterways(UDC 11-3A-6): The subject site contains a segment of the Farr Lateral,an irrigation lateral maintained by Boise Project Board of Control(BPBC). Through the previous Lavender Heights Subdivision approvals,the Applicant was allowed to keep this waterway open and was required to construct a Page 12 10-foot multi-use pathway along its length for a regional pathway connection through this area of the City. With the subject plat and proposed development,the waterway is still proposed to remain open and the multi-use pathway will be installed per the original approvals for this site. Any proposed fencing will have to comply with those standards outlined in UDC 11-3A-6& I I- 3A-7. N. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15. Land Development will review pressurized irrigation plans in more detail when specific plans are submitted with the future Final Plat application. VI. DECISION A. Staff: Staff recommends approval of the requested Preliminary Plat and Conditional Use Permit per the Findings in Section IX of this staff report. The Director and Staff have approved the requested administrative applications associated with this project(Private Streets and Alternative Compliance requests). B. Commission: Enter Summary of Commission Decision. C. City Council: To be heard at future date. Page 13 VII. EXHIBITS A. Preliminary Plat Legal Description and Exhibit Map LAVENDER PLACE SUBDIVISION PRELIMINARY PLAT - EXHIBIT LOCATED IN THESE 114 OF THE SW 1/4 OF SECTION 32,73N., RAE., B.M. CITY OF MERIDIAN,ADA COUNTY, IDAHO W 1/4 31 32 w E. PHENOMENAL ST. OLi — C 1 - 5119pNI51pN NO• � o DER HEIG��S VgCErV z s�a0?091 sotE Sr o z I I VS 61?8 E NO'09'52 W N 72.23' N 37g 33•08'� �� Q © rn CD— C L 3.79 ACRES a N0'0 86.95' POINT OF Q 6.95 BEGINNING o N89'58'24"W 696.48' 1331.91'a o �589'58'24'E LAVENDER HEIGHTS SUBDIVISION NO. 1 31 32 S89'5701 E z r 78.00' _ _ S89'58'24"E 1331_96 _ _ — 32 6 5 W 1/16 E. LAKE HAZEL RD. s 1/45 S \oNpL LA NHS 0' 75' 150, 300, STER p� a. 118 X A05;Z 517-zr°2 C�/yTf OF tiroN w NPR CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD Lan�i 0 ut on C1 21.65' 90.00' 6'31'41" N3'25'42"W 21.64' Land Surveying and Consulting C2 16.41' 144.00' 6'31'41" N3'25'42"W 16.40' 23t E.5TH sr.,STE.A MERIDIAN,ID 83642 {208p 2M2040 (208)208-2557 fax Page 14 Leqal Description Lavender Place Subdivision — Preliminary Plat A parcel of land located in the SE '%of the SW%of Section 32, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum Cap monument marking the southwest corner of the SW'/4 of said Section 32, from which an Aluminum cap monument marking the northwest corner of said SW'%bears N 0'32'17"W a distance of 2700.11 feet; Thence S 89°57'01" E along the southerly boundary of said SW'/4 a distance of 1331.91 feet to a 5/8 inch iron pin monument marking the southwest corner of the SE%of said SW'/4; Thence N 0°09'52"W along the westerly boundary of said SE '/4 of the SW'/4 a distance of 75.00 feet to a point; Thence leaving said boundary S 89°58'24"E a distance of 78.00 feet to an angle point on the southeasterly boundary of Lavender Heights Subdivision No. 1, as shown in Book 122 of Plats on Pages 19137-19140, records of Ada County, Idaho being the POINT OF BEGINNING; Thence along the boundary of said Lavender Heights Subdivision No. 1 the following courses and distances: Thence N 0°09'52"W a distance of 86.95 feet to a point of curvature; Thence a distance of 21.65 feet along the arc of a 190.00 foot radius curve left, said curve having a central angle of 6°31'41" and a long chord bearing N 3°25'42" W a distance of 21.64 feet to a point of tangency; Thence N 6°41'33"W a distance of 139.28 feet to a point of curvature; Thence a distance of 16.41 feet along the arc of a 144.00 foot radius curve right, said curve having a central angle of 6°31'41" and a long chord bearing N 3°25'42" W a distance of 16.40 feet to a point of tangency; Thence N 0°09'52"W a distance of 72.23 feet to a point; Thence S 70°56'08" E a distance of 107.09 feet to a point; Thence continuing along the boundary of said Lavender Heights Subdivision No. 1 and extending along the boundary of Lavender Heights Subdivision No. 2, as shown in Book 122 of Plats on Pages 19344-19346, records of Ada County, Idaho S 75°33'08" E a distance of 634.36 feet to an angle point on the westerly boundary of said Lavender Heights Subdivision No. 2; La-n—dSolu tAons Lavender Place Subdivision �i-d S1WVF19 I'd ConSUIV1g Preliminary Plat Job No.17-55 Page 1 of 2 Page 15 Thence continuing along the boundary of said Lavender Heights Subdivision No. 2 and extending along the boundary of said Lavender Heights Subdivision No. 1 S 0°01'36" W a distance of 142.55 feet to an angle point on the boundary of said Lavender Heights Subdivision No. 1; Thence along the boundary of said Lavender Heights Subdivision No. 1 N 89°58'24" W a distance of 696.48 feet to the POINT OF BEGINNING. This parcel contains 3.79 acres more or less. \ONPL LA NOS Clinton W. Hansen, PLS 55 T E Gp Land Solutions, PC F m May 25, 2022 a. 11118 05(25 �jG9TF 0 F TAN W. NP �.ain-dSolutlons Lavender Place Subdivision Preliminary Plat iana surveying ana consmnnq Job NO.17-55 Page 2 of 2 Page 16 B. Preliminary Plat(dated: 3/30/2022) LAVENDER PLACE SUBDIVISION-2022 PRELIMINARY PLAT or! , ...... IN, FBI VIP'— —7 Ei 2 T%1tLEHT"—T L 1— v I cl N I- -�IL "-A 60 7i L ---------- ----------------- ----------- PRE Page 17 i i E EXISTING PARK I ''N m _ EXISTING LAVENDER HEIGHTS -_ PHASE ONE LAVENDER HEIGHTS FUTURE PHASE aMAIN ENTFY � FA 0 14ty ... ATkWAY o _ m A RESE ...L.0 PRfV P RfSpIr ,. _....._._ DFN71A ATgCAN CN�gLVNlTS >�F' (7YPICgL M!>5 (TYPICACJ Pc- Jr E FIRE ) P�AZppNPICNIC LHAMMERHCAU -- - t- 11 EXISTING LANDSCAPE BVFFER 4EXISTING LANDSCAPE BUFFER LAKE HAZEL ROAD DISCOVERY PARK DISCOVERY PARK LAVENDER PLACE SUBDIVISION l T 2160 E.LAKE HAZEL ROAD .96 MERIDIAN,IDAHO 83642 Page 18 C. Landscape Plans(date: 3/30/2022) LANDSCAPE LEGEND 7771 LL N 1 F-1 CALLOUT LEGEND � I (D u REQUIREMENTS 011 5otw T PRELIMINARY LANDSCAPE PLAN a. _say O¢c�n_ LANDSCAPE NOTES LANDSCAPE PLAN NOTES TOPSOIL NOTES U=0 OZ J LL_Q a<Z rr ,..,.-...,,..,.v :.-,..,.� PLANT SCHEDULE n�....� O Q LU IRRIGATION NOTES �rR �� -,l N - ..a - w w� = , -- w...,.. TURF AREA PREPARATION NOTES: WEED ABATEMENT NOTES: - Y., CIL L1.0 Page 19 _ _ r SPHASE ONE'. - '�_ NOTA PART ' w r s 1 1 OI I I _ _ m 1 3 �. I I _._At t ATELSN 1 1 r I I 7 I s — _ Si4RT 4 .O 5 t fl ti IRR '❑ GRR G R CIRR CIRR - :IRR GINR R G�F GIRR —s.aar 3 GIRF - ® ® O PRELIMINARY LANDSCAPE PLAN X Page 20 D. Parking Exhibit(NOT APPROVED): 7 N MTMNCE corvMerv� [e :nm:. 4RR l4TE ~� ze.y�, eaP-m �t err LN — ' E w �p vN k S LN? XAMMERHE40 �C� __ __ __ I� rnRwrvc Rl r>� •111.1 uESTlaI ��ii �n coPnEFory F°T xurvFUT T �i av�uoacnaeauvrEx _ _~— -- C _—FP E LAKE HAZEL— c� Page 21 BuildingE. Conceptual _ � �� III/� � ��`' • — Page 22 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The preliminary plat included in Section VII.B, dated March 30, 2022, shall be revised as follows prior to the City Council hearing: a. Revise the plat to add a new common,micro-path lot between Lots 24&25,Block 11 and an additional sidewalk connection near the plaza area for added pedestrian connectivity through the project to the existing arterial sidewalk along E. Lake Hazel Road,per the analysis in Section V.I. b. Add an additional common lot solely for the proposed private street per UDC 11-3F- 4A and revise plat note#8 to reflect the new common lot. c. Revise the placement and design of the driveways for Lots 32 and 33,Block 11 showing that the distance between the face of garage and the private street is 20' or 5' to help mitigate any conflicts of off-street parking and the proposed intersection of the common drive and private street,per the analysis in Section V.G. Parking in front of a garage less than 20 feet deep is prohibited. d. Revise the Alternative Compliance Parking Exhibit(Exhibit VII.D)to depict one(1) open parking space per 3 or 4-bedroom unit instead of two(2)consistent with Staff's analysis in Section V.H. 2. The landscape plan included in Section VILC, dated March 30, 2022, shall be revised as follows prior to the City Council hearing: a. Revise the landscape plan to match the plat revisions noted in VIII.A1 above. b. Add shrubs and other vegetative ground cover adjacent to the recommended new micro-path between Lots 24&25,Block 11. 3. City Council approved the submitted preliminary plat with a dead end street greater than 500 feet in length(approximately 680 feet),per provisions in UDC 11-6C-3B.4b. 4. Future development shall be consistent with the previous approvals of the subject site: H- 2020-0009 (Lavender Heights Subdivision),DA Inst. #2020-106343; and H-2022-0017 (MDA). 5. Future development shall be consistent with the minimum dimensional standards listed in UDC 11-2A-8 for the R-40 zoning district. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit except for those lots noted within the approved Alternative Compliance request and the attached parking exhibit(Exhibit VII.D) 7. The Applicant shall comply with all ACHD conditions of approval. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 9. Prior to the first Final Plat submittal,the Applicant shall obtain Administrative Design Review(DES)approval for the single-family attached and single-family townhomes in this development. 10. Prior to signature on a final plat,the applicant shall submit a public access easement for the multi-use pathway segment along the Farr Lateral to the Planning Division for approval by Page 23 City Council and subsequent recordation. The easement shall be a minimum of 14' in width (10'pathway and 2' shoulder on each side). 11. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 12. 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. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Flow is committed. 1.2 Sewer main and manhole must be centered along easement. 1.3 Utility easement not listed on Declaration St. 30'easement required for sewer and water running in parallel. 1.4 Per the Pre-application notes, applicant is required to connect to Lake Hazel Road in addition to Bloomerang connection. Connect at the eastern side of the site. 1.5 20'easement needed up to water meter vault and past,as space allows. 1.6 Due to E. Declaration St being private, streetlighting will be up to the developer. 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 the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a Page 24 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. 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. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation Page 25 district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 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:llweblink.meridianciU.orglWebLink/DocView.aspx?id=265660&dbid=0&repo=MeridianC hty D. BOISE PROJECT BOARD OF CONTROL(BPBC) https:llweblink.meridiancioy.org/WebLinkIDocView.aspx?id=266645&dbid=0&repo=MeridianC hty E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=266650&dbid=0&repo=MeridianC hty IX. FINDINGS A. Preliminary Plat Findings: 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, density, transportation, and pedestrian connectivity. (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 Page 26 Section VIII 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 VII 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 and has offered their support of the proposed development with the proposed road layout in mind. 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. B. Conditional Use Permit 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. Staff finds that the submitted site plan shows compliance with all dimensional and development regulations in the R-40 zoning district in which it resides except for those noted and required to be revised. 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 use of single family townhome residential is in accord with the comprehensive plan designation of Medium-High Density Residential within the Meridian Comprehensive Plan and the requirements of this title. 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. Stafffinds the design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, if all conditions of approval are met. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff finds the proposed use, if it complies with all conditions of approval imposed, will not Page 27 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. Staff finds the proposed use will be served adequately by essential public facilities and services if all conditions of approval are met. 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. All public facilities and services are readily available for the subject site so Staff finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes, glare or odors. Although traffic will slightly increase in the vicinity with the approval of any additional residential units, the proposed layout offers the best opportunity for safe circulation and provides opportunity for a new housing type within this area of the City. Therefore, Staff finds the proposed use will not 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 Applicant is preserving the existing Farr Lateral along the north property boundary and no other such features are known; therefore, Stafffinds the proposed use should not result in damage of any such features. C. Private Street Findings: In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The design of the proposed private streets complies with the standards listed in UDC 11-3F- 4. See analysis in Section Vfor more information. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons,property,or uses in the vicinity; and Staff does not anticipate the proposed private street would cause any hazard, nuisance or other detriment to persons,property or uses in the vicinity if the street is designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private street does not conflict with the Comprehensive Plan and/or the regional transportation plan as it is proposed to connect to a collector street consistent with private street standards. With the constraints detailed and analyzed for this development, the Director finds that local street access has been provided via a private street. 4. The proposed residential development(if applicable)is a mew or gated development. Page 28 Despite a literal mew not being proposed with the Lavender Place project, the proposed residential development depicts all 30 units to front on green space meeting the intent of this standard. If the conditions of approval are adhered to, the Director finds this development in compliance with this finding. D. Alternative Compliance findings (Common Drive standards UDC 11-6C-3D.1): The Director has approved your request for alternative compliance to Unified Development Code (UDC) 11-6C-3D.1 for the subject property,based on the required Findings listed in UDC 11-5B- 5E, as follows: 1. Strict adherence or application of the requirements are not feasible; or The Director finds it is feasible to meet the UDC requirement referenced above but it is not the best use of the subject development area as discussed in Section V.G above. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the Applicant's proposed alternative means of complying with the intent of the UDC as proposed in the attached preliminary plat provides an equal means of meeting the requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds that the alternative means will not be materially detrimental to the public welfare or impair the intended use and/or character of surrounding residential properties nor the adjacent public roads. E. Alternative Compliance findings (Private Street standards UDC 11-3F-4A.6): The Director has approved your request for alternative compliance to Unified Development Code (UDC) 11-3F-4A.6 for the subject property,based on the required Findings listed in UDC 11-5B- 5E, as follows: 1. Strict adherence or application of the requirements are not feasible; or The Director finds it is not feasible to meet the UDC requirement to not include a common drive off of a private street due to the existing requirements of the DA (minimum number of units and only single-family residential)as discussed above in Section V.G above. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the Applicant's proposed alternative means of complying with the intent of the UDC as proposed in the attached preliminary plat provides an equal means of meeting the requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds that the alternative means will not be materially detrimental to the public welfare or impair the intended use and/or character of surrounding residential properties nor the adjacent public roads. F. Alternative Compliance findings (Off-Street Parking standards UDC 11-3C-6A): The Director has approved your request for alternative compliance to Unified Development Code (UDC) 11-3C-6A for the subject property,based on the required Findings listed in UDC 11-5B- Page 29 5E, as follows: 1. Strict adherence or application of the requirements are not feasible; or The Director finds it is feasible to meet the UDC requirement for the number of off-street parking spaces if the Applicant was limited to no more than 2-bedroom homes for all units taking access from the alley as noted. Staff is not recommending this but the Council may require it. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Per the provisions outlined in code, the Director finds that Staffs revision to the Applicant's proposed alternative compliance request is an equal or superior means for meeting the off- street parking requirements as proposed on the preliminary plat and submitted parking exhibit(Exhibit VII.D above). 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds that the alternative means will not be materially detrimental to the public welfare or impair the intended use and/or character of surrounding residential properties if the proposed conditions of approval are maintained. Page 30 E IDIAN;--- Applicant Presentation LAVENDER PLACE 8/4/2022MERIDIAN, IDAHO PRIVATE STREET APPLICATIONSCONDITIONAL USE PERMITALTERNATIVE COMPLIANCEPRELIMINARY PLAT 1 30 total units•Product built to be individually sold•one unit per lot–family townhome units -Single•293028272624252322212019181716151413121110987651432 •3 bedrooms).-varies per unit (2–Unit bedroom count •Faces pathways and open space to north of site.•facing façade.-Front-Attached Townhome •Two car garage parking, 5’ driveways. Street parking also provided.•Access from private street.•facing façade.-Rear-Attached Townhome FLUM 2930282726242523222120191817161514131211109876514321 per acre.)dwelling units 12 -Residential (8high -Medium•designation: 1 acres)to the South (70 Discovery Park •Plaza/picnic area•pathway10’ regional •swimming poolpathway and regional open space, 7.7 acres of and will share Subdivision HOA Heights Lavender part of the larger The project is •Open Space:DISCOVERY PARK 293028272624252322212019181716151413121110987651432 Alternative Compliance bedroom unit-spaces provided for each 3 and 4Two garage spaces and two designated parking Designated & visitor parkingbedroom unit-Two garage spaces provided for each 2 structure they serve. Allow parking to be located off the lot they are intended to serve, but within 50’ of the Alternative Compliance Request: •300’ from the structure. Parking spaces shall be on the same lot that they are intended to serve. Parking shall not be more than Code Requirement: •Parking:– 1 Units on one side of Common DriveCommon Driveway from Private St. servicesemergency requirements for meets access by Fire Marshal, Layout reviewed •desired by Citymaintains density property and Allows full use of •Private Street:Driveway off One Common buffersspace/landscape facing open Maintains all units •to site constraintscommon drive due on one side of Dwellings located •Common Drive:Common Drive–Alternative Compliance 293028272624252322212019181716151413121110987651432 Private Street 2930282726242523222120191817161514131211109876514321 repairsmaintenance and and provide HOA to assess fees requirements of CC&R’s will outline •owned and Street will be •Fire Marshaland approved by Layout reviewed •travel laneemergency vehicle Provides clear • W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Torino Locust Grove Subdivision (H-2022-0038) by Jeremy Rausch, Located at 870 S. Locust Grove Rd. Link to Project Folder: https://bit.ly/H-2022-0038 A. Request: Annexation and Zoning of 1.03 acres of land from R-1 in Ada County to the R-8 zoning district. PUBLIC HEARING SIGN IN SHEET DATE: August 4, 2022 ITEM # ON AGENDA: 4 PROJECT NAME: Torino Locust Grove Subdivision (H-2022-0038) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 10 11 12 13 14 STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 8/4/2022 legend DATE: c TO: Planning&Zoning Commission I FROM: Alan Tiefenbach,Associate Planner 208-884-5533 .4 ------- SUBJECT: AZ H-2022-0038 Torino Locust Grove Subdivision LOCATION: 870 S. Locust Grove Rd. J I I I I k I. PROJECT DESCRIPTION Annexation of 1.03 acres of land with the R-8 zoning district,and short plat consisting of 4 residential building lots. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.03 Future Land Use Designation Medium Density Residential(MDR) Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 4 Lots Phasing Plan(#of phases) One phase Physical Features(waterways, No significant physical features. hazards,flood plain,hillside) Neighborhood meeting date;#of March 17,2022 attendees: History(previous approvals) None Page 1 B. Community Metrics Description Details Page Access(Arterial/Collectors/State S.Locust Grove provides the only access to this property. Hwy/Local)(Existing and Proposed) Stub Street/Interconnectivity/Cross This proposal includes a 30 ft.wide common driveway Access from S.Locust Grove to serve the four lots. Staff recommends an easement beyond the end of this driveway to the eastern property line. Existing Road Network S.Locust Grove Existing Arterial Sidewalks/ There is an existing 7 ft wide sidewalk along the property Buffers frontage.A 25 ft wide landscape buffer will be required as a condition of approval. Proposed Road Improvements None. Fire Service The common driveway shall be signed"No Parking Fire Lane".When required by the Fire Marshall,"No Parking Fire Lane"signs shall be used per appendix D of the 2018 IFC. Signs shall be installed per ACHD standards. The bottom of the sign(s)should be 7' above the road/sidewalk surface shall not be in the travel way. The sign(s)shall be installed about 6"— 1'behind the curbing or edge of pavement on a Tels ar post. Police Service No Issues Wastewater • Flow is committed • Due to proximity of sewer service to infiltration trench,sleeve both service two feet past each side of the infiltration trench. Water • Due to proximity of water service to infiltration trench, sleeve both service 10 feet past each side for the infiltration trench. Page 2 C. Project Area Maps Future Land Use Map Aerial Map Legend o « Legend I�Wo1ec�Lflcafian _ I�Project Lflcafiaas � =� c7j r + NW-N FAU - � , Zoning Map Planned Development Map Legend � LL � Legend ...� � r LL 0 F-ajecf Lccufon I p�ajeo*Loco:or- - -Y �QIA— P;onned FWCgi_ R-2 : R1 8C. --- J J kw i%1{ I I I I C I-.L- . Page 3 III. APPLICANT INFORMATION A. Applicant/Representative/Owner(s): Jeremy Rausch— 1684 E Borzoi Ct,Meridian,ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in newspaper 7/19/2022 Notification mailed to property owners within 500' 7/14/2022 Applicant posted public hearing notice sign on site 7/25/2022 Nextdoor posting 7/15/2022 V. STAFF ANALYSIS A. Annexation and Zoning The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. The submitted legal description and boundary exhibit to appear to encompass the area of annexation. However,the exhibit also includes a previous lot configuration of three lots. Prior to recordation of the annexation ordinance,the applicant shall submit a revised boundary exhibit which correctly matches the legal description. B. Future Land Use Map Designation(hgps://www.meridiancity.org/compplan) This property is designated as Medium Density Residential on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and is adjacent to the city limits. The majority of the properties in this area east of S. Locust Grove Road and north of 1-84 are rural residential,although there is land to the south of the subject property is recommended for commercial uses. The proposed density of 3.7 du/acre is well within the density range designation of the Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIIL.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Page 4 • Encourage infill development. (3.03.01E) Infill development is described as "development of vacant, skipped-over parcels of land in otherwise built-up areas."The subject property is within an area surrounded by City-zoned property; commercial property to the west(across S. Locust Grove Rd)and south (across I- 84), the Snorting Bull Subdivision (aka— Woodbridge) to the north (in the City), and rural residential in unincorporated Ada County to the east.Although the property is within a larger unincorporated area, these unincorporated properties are surrounded by the City limits. This would be considered an infill area. • "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed medium density single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development or in the general vicinity. R-8 zoning and detached single-family homes in unincorporated Ada County are abundant in this immediate area. • Plan for connectivity between annexed parcels and county enclaves that may develop at a higher intensity. (3.03.04A) The property proposes to take access from S. Locust Grove, a principal arterial, via a common driveway within a 30 ft. wide easement. Per UDC 11-3A-3,for any property that takes direct access to an arterial and/or collector roadway, where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street. Where access to a local street is not available, the property owner shall be required to grant cross-accesslingress-egress easements to adjoining properties. A new single-family residence has been built on the property to the north (820 S. Locust) and due to the position of the new structures there is not feasible access between it and the subject property. However, the house on the 0.92-acre property directly to the east(903 S. Tornio Ave) takes access directly from S. Torino Ave, a local road.As this property is within an unincorporated area characterized by houses constructed in the 1970s and is designated for medium density residential, annexation and redevelopment of this area could occur in the future. As a condition of approval,staff recommends the common drive extend to the eastern property line within a 30 ft. easement, so when the properties to the east are annexed into the city for redevelopment, access to the subject property can occur(via a private road) from S. Torino Ave and the S. Locust Grove access can be closed. • "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 along S. Locust Grove Rd. and can be extended by the developer with development in accord with UDC 11-3A-21. Staff finds this development to be generally consistent with the Comprehensive Plan. D. Existing Structures/Site Improvements: The property is presently vacant. Page 5 E. Proposed Use Analysis: The proposed use would be single family residential. This is a permitted use in the R-8 zoning district. F. Dimensional Standards(UDC 11-2): All proposed lots appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages,and road widths.Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3,including but not limited to streets,common driveways and block face. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3)regarding common driveways. A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. G. Specific Use Standards(UDC 11-4-3): As required,only one(1) single-family dwelling is proposed per property. H. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): As this subdivision is only for four lots,the applicant has not submitted building elevations. However, due to the proximity to S.Locust Grove and visibility of the lots,staff recommends a development agreement provision that requires building elevations visible from S.Locust Grove Rd to incorporate a variety of building materials and articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement.Planning approval will be required at time of building permit. I. Access(UDC 11-3A-3, 11-3H-4): The subject lot presently takes access from S. Locust Grove Rd. As already mentioned in the Comprehensive Plan analysis above,per UDC 11-3A-3, for any property that takes direct access to an arterial and/or collector roadway,where access to a local street is available,the applicant shall reconfigure the site circulation plan to take access from such local street.Where access to a local street is not available,the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties.As the properties directly to the east(as well as numerous other properties)are within unincorporated Ada County and could annex and redevelop in the future, Staff is recommending the common driveway shown in the short plat be extended to the eastern property line in a 30 ft wide easement. If the property to the east develops, access to the subject property shall occur(via a private road) from S. Torino Ave and the S. Locust Grove access be closed or used for emergency access only. J. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. Page 6 K. Sidewalks/Parkways(UDC 11-3A-17): Sidewalk already exists along the S. Locust Grove Rd property frontage. L. Landscaping(UDC 11-3B): The applicant will be required to install a 25' wide buffer along S. Locust Grove Rd. as is required for arterial streets. Per UDC 11-3B-7, all street landscape buffers shall be on a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owners'association. This is not reflected as such on the plat. Staff has added this as a condition of approval prior to City Engineer signature. The landscape plan does not indicate whether there are any existing trees on the property that meet the preservation requirements of UDC 11-313-10. This should be reflected on the landscape plan prior to City Engineer signature. M. Fencing(UDC 11-3A-6, 11-3A-7): All fencing will be required to comply with the standards listed in UDC 11-3A-7. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VII.A per the findings in Section IX of this staff report. Page 7 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit AI�NEXATTON PROPERTY DESCRIPTION FOR JBI ELEMENTAL 870 S. Locust Grove A parcel of[and lying in the NW1A SW114 of Section 17, Township 3 Nonh,Range 1 East, Boise Meridian,Ada County, Idaho,said parcel being more particularly described as follows: Coinniencing at a Brass Cap marking the South Nest corner of said Section 17,from which a Brass Crap marking the West 1/4 corner bears N.00°30'32"E. 2 65 9.49 feet; thence along the Nest lime of said Section 17 N.00°30'32"E. 2359-49 feet to a point, said point being the POINT OF BEGINNING; Thence continuing N.04"30'32M. 150.00 feet to a point; Thencc 5.89°59'54"E. 300.00 feet to a 112 inch iron pin; Thence 5.00°30'32"W. 150.00 feet to a 112 inch iron pin; Thence N-99°58'54"W. 300.00 feet to the POINT OF BEGINNING, Said parcel contains I K] acres,more or less, and is subject to all existing easements and right-of-ways of retard or implied. a 15758 OFF Page 8 HG 52 i. F91NT OF IXCNNM43 Lp@uTTm Sd@'SB•54�C SA9"7D'31Y 27t� 2 3 4. g S — � a r� L ~ C.7 SEB"JY 11j[ 599 Sr 54-E n 43.n yi.vd k# INi-9fi 'JI'N � panm dULMVI sk 56"3o-w 16 ssrse's4-e e.ia u.rX spa-+ -----------e4.oa'- ------- ----------aaao'""'' I E= 11 17 Or — — hO r bAR v um�: HATES M:lm LLE r EF[KMX 1$MAM iv 1rK IQLWW 19 23 Page 9 B. Short Plat(date: 5/20/2022) 2• I 10' IARICAnon EASEMENT I LOT 2 LOT 3 8775 ISF 8775 SF LOT F 'I LOT 4 17 ' 10124 SF -CCESS, DRAINAr,E. �Nd UT1UTY EASNENT tSEIAEl1T Y? Lw LH J SCAFE .• ❑C •� EXISTNG SIOEWALK - � I ' - ;h S LOCUST GROVE ROAD' sa+ - ,,, . LOCUST GROVE STA;24t34.,M - $I - SHARED DRIwEwAY STA; 'WQ.00 ' Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VII,Unified Development Code standards, and the provisions contained herein. b. The common driveway shown in the short plat shall be extended to the eastern property line in a 30 ft wide easement. When the property to the east annexes into the City and develops, access to the subject property shall occur from S. Torino Ave and the existing S. Locust Grove access shall be closed or used for emergency access purposes only. c. Building elevations visible from S. Locust Grove Rd shall incorporate a variety of building materials and articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. 2. Prior to City Engineer signature,the short plat shall be revised to indicate the street landscape buffers on a common lot or on a permanent dedicated buffer easement,maintained by a property owner, or homeowner's association per UDC 11-3B-7. 3. Prior to recordation of the annexation ordinance,the applicant shall submit a revised annexation boundary exhibit. 4. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 7. An exhibit shall be submitted with the short plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 8. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. 9. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. Page 11 10. The development shall comply with standards and installation for landscaping as set forth in UDC 11-313-5 and maintenance thereof as set forth in UDC 11-313-13. 11. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Due to proximity of water service to the infiltration trench services must be sleeved for 10 feet past the trench on each side. 2. Due to proximity of sewer service to the infiltration trench services must be sleeved for 2 feet past the trench on each side. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC I 1-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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 Page 12 more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 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 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. 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. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. Page 13 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). 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 development plan approval. 24. 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. C. ADA COUNTY HIGHWAY DISTRICT https:llweblink.meridianciV.orelWebLinkIDocView.aspx?id=266244&dbid=0&repo=MeridianCit &y cry I D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancit�orglWebLinkIDocView.aspx?id=266773&dbid=0&repo=MeridianCit X E. NMID https:11weblink.meridianciV.org/WebLink/Doc View.aspx?id=266212&dbid=0&repo=MeridianCit X IX. FINDINGS A. ANNEXATION AND ZONING Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FL UM designation for this property if the Applicant complies with the provisions in Section VIII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Page 14 Staff finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Staff finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Staff recommends the Commission and Council consider any oral or written testimony that may be provided when determining this finding. 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 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 annexation(as applicable)is in the best interest of city Staff finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. SHORT PLAT In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Medium Density Residential with a density range of 3-8 du/acre. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds.All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance improvements for sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Page 15 Staff is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 16 w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Overland & Wells II (H-2022-0030) by Morgan Stonehill Partners, Located at 2600 E. Overland Rd. Link to Project Folder: https://bit.ly/H-2022-0030 A. Request: Development Agreement Modification to change the existing development plan (Inst. #2016-060157) on the northern portion of the site from a retail grocery store to multi- family residential. B. A Conditional Use Permit for a multi-family development consisting of 351 apartment units on 11.65 acres of land in the C-G zoning district at a gross density of 30.21 units per acre. PUBLIC HEARING SIGN IN SHEET DATE: August 4, 2022 ITEM # ON AGENDA: 5 PROJECT NAME: Overland & Wells II (H-2022-0030) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name UVI l t L r 3 �13„1 P 4 6 No 5 7 8 9 10 11 12 13 14 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING August 4,2022 Legend DATE: lei PFajec_t Lacs liar ED -- -TO: Planning&Zoning Commission r FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2022-0030—Overland&Wells II— - MDA, CUP,ALT f '� LOCATION: 2600 E. Overland Rd.,in the SE 1/4 of Section 17,Township 3N.,Range 1 E. ' (Parcel#S1117438626) 1 ; L I. PROJECT DESCRIPTION The Applicant has submitted an application for a modification to the existing Development Agreement(H- 2016-0056,Inst. #2016-060157)to change the development plan on the northern portion of the site from a retail grocery store to multi-family residential; and conditional use permit for a multi-family development consisting of 351 apartment units on 11.65 acres of land in the C-G zoning district at a gross density of 30.13 units per acre. Alternative compliance is also requested to UDC 11-3H-4D,which requires noise abatement to be provided for residential uses adjacent to a state highway,to allow double-paned windows in lieu of a berm/wall. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 18.75 acres(entire site subject to DA); 11.65 acres(DA modification area&multi-family development) Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Multi-family development Current Zoning General Retail&Service Commercial(C-G) Proposed Zoning NA Lots(#and type;bldg/common) NA Phasing plan(#of phases) 1 Number of Residential Units(type 351 multi-family units[(7)studio units;(202) 1-bedroom of units) units;and(142)2-bedroom units] Page 1 Density(gross&net 30.13 units/acre(gross) Open Space(acres,total[%]/ 2.07 acres(18%) buffer/qualified) Amenities Clubhouse/lounge with a fitness facility and swimming pool, grills&fire pits,plaza, 10'wide multi-use pathway/trail system,public art,seating areas,pocket library,picnic area& shade structures and charging stations for electric vehicles. Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 4/6/2022 attendees: History(previous approvals) AZ Ord.#665 (1994,Thomas&Wurst Properties);H-2016- 0056(DA#2016-060157—Volante Investments);H-2020- 0118(MDA)Inst.#2021-119176—Volante Investments/WinCo Foods). B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study Yes es/no Access Access is proposed from Overland Rd.via S.Wells Ave. at the south boundary of the (Arterial/Collectors/State site and via the extension of E.Cinema Dr. at the west boundary of the site. Hwy/Local)(Existing and Proposed) Traffic Level of Service Overland Rd.—Better than"E"(acceptable level of service is"E") Stub 0 E. Cinema Dr. stops 50' short of the west boundary of the site—no other stub streets Street/Interconnectivity/ exist to this site. Cinema is required to be extended from the west to S.Wells Ave. Cross Access with the 2"d phase of WinCo Wells subdivision;Wells will be extended from Overland Rd.with the 1 A phase of WinCo Wells subdivision. Existing Road Network There are no existing internal roadways within the site. Existing Arterial A curb,gutter and attached 7'wide sidewalk exists along Overland Rd.;no buffer Sidewalks/Buffers exists. Proposed Road Capital Improvements Plan(CIP`I Integrated Five Year Work Plan(IFYWP): Improvements • Overland Road is listed in the CIP to be widened to 7-lanes from Locust Grove Road to Eagle Road between 2036 and 2040. ■ The intersection of Overland Road and Locust Grove Road is listed in the CIP to be widened to 7-lanes on the north leg, 7-lanes on the south leg,8-lanes on the east leg,and 7-lanes on the west leg,and signalized between 2026 and 2030. • The intersection of Overland Road and Eagle Road is listed in the CIP to be widened to 7- lanes on the north leg, 7-lanes on the south leg, Manes on the east leg,and 8-lanes on the west leg,and signalized between 2031 and 2035. Fire Service Page 2 Description I Details I Page • Distance to Fire 1.0 mile from Station#4 Station • Fire Response Time Within 5-minute response time goal • Resource Reliability 78%(goal is 80%or greater) • Risk Identification 2—current resources would not be adequate to supply service to this project. • Accessibility Meets all required access,road widths and turnarounds • Special/resource Will require an aerial device—can meet this need in the required time frame if a needs truck company is required. • Water Supply Requires 2,500 gallons per minute for 2 hours. • Other Police Service • Distance to Police 1.4 miles Station • Police Response 3:21 (Priority 3); 5:50 (Priority 2); 11:10(Priority 1) Time • Calls for Service 3,222(in RD `M75V)—between 5/l/20 and 4/30/22) • %of calls for service %of P3 US 2.6% split by priority %of PZ US 792% %of P1 CF5 16.6% %of PO CPS I,&% • Accessibility • Specialty/resource needs • Crimes 357(RD—M751—between 5/l/20 and 4/30/22) • Crashes 140(RD—M751—between 5/l/20 and 4/30/22) • Other MPD can service this area if approved. For more info,see: https:llweblink.meridianciU.orQlWebLinkIDoeView.awx?id=263854&dbid—0&repo =MeridianCLtE West Ada School District (No comments were received from WASD) Wastewater • Distance to Sewer Directly adjacent in East Overland Road. Services • Sewer Shed Five Mile Trunk Shed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.34 Balance Page 3 • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns •No Permanent structures(buildings,carports,trash receptacle walls, fences, infiltration trenches,light poles,etc.)can be built within the utility easement. Water • Distance to Water Directly adjacent in East Overland Road. Services • Pressure Zone 4 Pressure is 71PSI with Firm Well 25 off-line. • Estimated Project Water See application ERU's • Water Quality There are two long dead ends for fire hydrants which may result in poor water quality. • Project Consistent with Yes Water Master Plan • Impacts/Concerns Offsite waterline to the east must be installed to allow looping before this development is constructed. Water stub into property at the southeast corner of the apartments needs to be abandoned per City Requirements if it is not used. C. Project Maps Future Land Use Map Aerial Map Legend Legend ffPrnyec+Lacafior. I_. Prat Lacs-or I� MU f - e � i D •n _ idd I {~ = f Page 4 Zoning Map Planned Development Map Legend Legend r r Project Lacatior. F_. Project Lao❑-Fon S` f +_i CityLin-ft ----- MU- — Planned Paroeis f : f 3. i i F n III. APPLICANT INFORMATION A. Applicant: Kristen McNeill, Givens Pursley 601 W. Bannock St., Boise,ID 83702 B. Owner: WinCo Foods, LLC—PO Box 5756,Boise, ID 83705 C. Agent/Representative: Jonathan Fragoso, Morgan Stonehill Partners—333 Josephine St., Ste. 2, Denver, CO 80206 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 7/19/2022 Radius notification mailed to properties within 300 feet 7/14/2022 Public hearing notice sign posted 7/22/2022 on site Nextdoor posting 7/15/2022 Page 5 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Mixed Use—Regional(MU-R) on the Future Land Use Map(FLUM). The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D(pg. 3-17). The conceptually approved WinCo grocery store on this site would have provided a regional draw to this area as desired,whereas residential uses do not but they do provide housing for workers in the MU-R designated area and the general vicinity. A multi-family development consisting of 360 units was recently approved to develop on the adjacent property to the east(H-2021-0007 Seasons at Meridian). This in part was justified by the plans to develop a grocery store on this site,which now is proposed to be replaced by more apartments. This development proposes to add another 351 units for a total of 711 apartment units in this immediate area; commercial/retail uses are still anticipated to develop on the southern 7.1 acres of the site.Although the residential uses aren't integrated with the adjacent commercial uses as desired in MU-R designated areas,pathways are proposed for pedestrian connectivity between these uses. While some neighborhood and community services are within walking and biking distance,most of the job base, and especially family-wage jobs,will require driving to employment areas. The City generally considers mixed use areas separated by regional corridors as independent areas. It is difficult to justify them as mixed use when they are less walkable and not integrated. Further, connectivity south across Overland and east across Eagle,programmed to be 7 or more lanes, and increasing pedestrian and bicycle activity across such wide facilities will not be appealing,and may exacerbate signal timings challenges. Note:Because this property was annexed and entitled with C-G zoning in 1994 without the requirement of a Development Agreement, Staff is not recommending a mix and integration of uses on this site as-is typically desired in the MU-R designation. Transportation: There are no collector streets planned across this site per the Master Street Map (MSM). This site will be accessed from the south by S. Wells Ave. from E. Overland Rd., a mobility corridor, and from the west by E. Cinema Dr., a local street. This site is approximately a half mile west of the Overland/Eagle Rd. intersection, a major arterial intersection, on the south side of the I-84 off-ramp. Transit services are available to serve this site via Route 42. With the preliminary plat(H-2021-0007—WinCo Wells),ACHD required additional right-of-way to be dedicated for the widening of Overland Rd. to provide a dedicated westbound right-turn lane at Wells Ave. when Wells is constructed to intersect Overland Rd. The Wells/Overland intersection is required to be signalized prior to issuance of the first Certificate of Occupancy for the multi-family development on the adjacent property to the east(H-2021-0007 DA Inst. 2021-119174). If this property develops first, the Applicant should work with the adjacent property to the east to coordinate the off-site construction of a westbound right-turn lane on Overland Rd. at the Wells Ave.intersection and signalize the intersection consistent with the ACHD report. Overland Rd. is listed in the Capital Improvement Plan(CIP)to be widened to 7-lanes from Locust Grove to Eagle Road between 2036 and 2040. The intersection of Eagle and Overland Roads is listed in the CIP to be widened to 7-lanes on the north leg, 8-lanes on the south, 8-lanes on the east and 8-lanes on the west leg and signalized between 2031 and 2035. The proposed multi-family development is estimated to generate 1,607 additional trips/day with 138 additional vehicle trips/hour in the PM peak hour. The grocery store was estimated to generate an Page 6 additional 7,723 trips/day with 555 additional trips/hour in the PM peak hour and 820 additional trips/hour in the Saturday peak hour. The ACHD report states the PM peak hour traffic count for Overland Rd. is estimated at 1,540,which is a PM peak hour level of service of better than"B"; acceptable level of service for a five-lane principal arterial is"E". Although overall,the level of service may be"acceptable", certain roadway segments and/or intersections turning movements are currently failing and will be worse with the adjacent multi- family development to the east and the proposed development. One of the most congested AM peak hour travel movements—eastbound Overland traffic turning north on Eagle—is also operating at an `E' service currently. This travel movement exceeds the desired V/C ratio of 0.8, currently at 0.9,and increase to 1.16 with(or without)this project constructed. One of the mitigation strategies is simply to increase the green signal time of this movement. Other travel directions also suffer from significant congestion,including the northbound Eagle travel lane, a conflicting direction,which in the AM may back up through both Goldstone and Copper Point. With the development to the east,ACHD recommended mitigation measures to lessen the impacts from the development including revisions to the phasing plan to coincide with the District's planning Capital Projects and reducing the scope and/or scale of the project.See ACHD report in Section IX.Hfor more information. COMPREHENSIVE PLAN POLICIES(hyps://www.meridiancity.or/p lan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed multi family apartments will contribute to the variety of housing types in the City and specifically in the southern portion of the City. • "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 and can be extended by the developer with development in accord with UDC 11-3A-21. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers." (2.01.01H) The proposed multi family development is located along I-84 and E. Overland Rd., a mobility arterial, which is a major east/west corridor proposed to be widened to 7-lanes; and in close proximity to neighboring employment centers in the Bonito, Rackham and Silverstone subdivisions at Eagle/Overland. Transit services are available to serve this area. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed apartment buildings will be set back over 100'from the northern property line adjacent to the I-84 off-ramp. A 35'wide landscaped street buffer is proposed along the northern boundary; a 22 foot wide buffer is proposed along the western boundary; and a I 0-foot wide buffer is proposed along the southern boundary adjacent to Cinema Dr. The tallest buildings at 4-stories in height are proposed on the northern portion of the site with 3-story buildings on the southern portion. • "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) Page 7 The proposed multi family apartments will contribute to the mix of housing types available in the City. There is currently a mix of housing types within a mile of this site consisting of single-family, townhomes and multi family apartments. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed multi family apartments should be compatible with future like uses to the east and existing retail, restaurant, service, entertainment and employment uses in the nearby vicinity, which should minimize conflicts and maximize use of land. • "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. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The area surrounding this vacant site is part of the City and is almost entirely developed with the exception of the property to the east which is approved for a multi family development(H-2020- 0118;H-2021-0007). Development of this infill property will result in more efficient provision of public services. • "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 is required to be provided with development as proposed. • "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 multi family development and future retail development is in close proximity to employment, restaurant, entertainment, office and service uses. This mix of uses will enable residents to shop, dine,play and work in close proximity to their residence, thus reducing vehicle trips and enhancing overall livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B) Development of the subject vacant land, currently in the City limits, is encouraged over parcels on the fringe of the City. The development of this property will result in better provision of City services. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) A modification to the existing Development Agreement(DA)(H-2016-0056 Volante Investments—Inst. #2016-0060157)is proposed to change the use and update the conceptual development plan and building elevations for the northern portion of the site. The DA originally included the abutting property to the east at 2700 E. Overland Rd.but was amended in 2021 to exclude that property from the agreement and deleted provision#5.1.3 which pertained to development of that property(H-2020-0118, Inst. #2021- 119176). Page 8 The existing conceptual development plan depicts an 85,000 square foot WinCo Foods grocery store on the northern portion of the site and vacant land on the southern portion of the site planned for retail uses. The proposed plan is for a 351-unit apartment complex(i.e. multi-family development); seven(7)retail building pads are depicted on the southern portion of the site. This is the same developer of the multi- family development to the east that was recently approved for 360 units—this project will be phase II. WinCo has decided not to open a new store in this location and instead is planning to remodel its existing store in Meridian on S. Progress Ave. They feel this is not a favorable location for another store and that it's not in their best interest to sell this land to another commercial or retail user. As discussed above in Section V, Staff believes the proposed plan provides housing for nearby employment uses and contributes to the mix of uses desired in the MU-R designation. The adjacent commercial development to the west provides retail,restaurant and entertainment uses which will be utilized by the residents and are within easy walking distance. Staff is generally supportive of the proposed modification;however,has concerns about the negative impact any development of this property will have on the existing transportation network in this area. B. CONDITIONAL USE PERMIT(CUP) Conditional use permit for a multi-family development consisting of 351 residential units [(7) studio units, (202) 1-bedroom&(142)2-bedroom units] on 11.65 acres of land in the C-G zoning district at a gross density of 30.13 units per acre. The two (2)northern buildings (Building 3)will be 4-stories in height,the two (2) southern buildings (Buildings 1 and 2)will be 3-stories in height and the clubhouse will be 2-stories in height.Dwelling units will range in size from 569 to 1,159 square feet. This development is proposed to be constructed in one phase. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: `B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. The proposed structures appear to comply with this standard except for the garages along the eastern property boundary; the site plan should be revised to reflect a minimum 10 foot wide building setback around the perimeter of the development. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-513-5 of this title. The Applicant's narrative states a minimum of 80 square feet ofprivate usable open space will be provided for each unit in the form of balconies and patios. Floor plans should be submitted Page 9 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. 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 shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards per the analysis below. Based on(7) studio units; (202) 1-bedroom units; (142)2-bedroom units and a 9,950 square foot clubhouse,a minimum of 629 off-street parking spaces are required, including guest parking, with 344 of those in a covered carport or garage.Accessible parking is required in accord with ADA standards. A total of 653 spaces are proposed,which exceeds the minimum standards by 24 spaces. Based on 653 vehicle parking spaces, a minimum of 27 bicycle parking spaces shall be provided in accord with the standards listed in UDC 11-3C-5C.A total of 27 bicycle spaces are proposed in accord with this standard. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The Applicant's narrative states these items will be provided, the site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. C. Common Open Space Design Requirements(UDC 11-4-3-27C): 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 on 11.65 acres of land, a minimum of 1.17 acres of common open space is required to be provided. 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.None of the units are below 500 square feet(sf.) 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.All 351 units are between 500 and 1,200 sf.; therefore, a total of 87,750 sf. (or 2.01 acres) of common open space is required. Page 10 c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.None of the units are over 1,200 s.f of living area. Per this standard, a total of 87,750 sf. (or 2.01 acres) of common open space is required. Combined with the 1.17 acres noted above for the baseline requirement, a minimum of 3.18 acres of common open space that meets the standards listed in UDC 11-4-3-27C is required to be provided in the proposed development. A total of 110,905 square feet(or 2.55 acres) of common open space is proposed consisting of linear open space along the north &west boundaries of the site with a 10 foot wide multi-use pathway connecting to the pathway in the first phase of the development to the east; a park with grass consisting of 9,803 sf. in area; a large amenity area; roof-top terraces on the clubhouse and leasing office; and street buffer and additional common area along E. Cinema Dr., a local street as depicted on the open space exhibit in Section VIII.D. There is an existing 40 foot wide sewer easement centered on the west property boundary(20' on this site) that contains an access road.A 14 foot wide access road is required to be maintained on this site,lawn and shrubs are allowed outside of the access road area within the easement but trees are not. Staff recommends an additional 5-feet is provided outside of the easement area for trees per the standards listed in UDC 11-3B-8C and 11-3B-12C:or, apply for alternative compliance as set forth in UDC 11-5B-5. (Note:If wheel stops are not proposed to be provided within abutting parking spaces, an additional 2-feet is required to be added to the adjacent buffer to allow for vehicle overhang per UDC 11-3C-5B;the length of parking spaces may be reduced by 2-feet to 17 feet if 2-feet is added to the buffer width.)In order to count toward the open space requirement, the area must not be less than 400 sf. in area and shall have a minimum length and width of 20 feet and be fully landscaped. The non- landscaped area where the maintenance road is located may not count toward the common open space requirement,therefore, the open space exhibit should be revised and additional open space should be provided to meet the minimum 3.18 acres. Also an option would be to request alternative compliance to the common open space standards listed in UDC 11-4-3-27C per 11-4-3-27C.3b.Note: The allowance for alternative compliance (ALT)was intended to apply to the baseline common open space requirement but was inadvertently placed in the wrong code section with the last amendment—this is being rectified with the next series of code amendments but until then,ALT can be requested. 2. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section VIII.E meet this requirement. 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in one phase. 4. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4-2009)None of the common open space is located adjacent to a collector or an arterial street. D. Site Development Amenities: All multi-family developments shall provide for quality of life, open space, and recreation amenities to meet the particular needs of the residents as noted in UDC 11-4-3- 27D. The number of amenities shall depend on the size of the multi-family development based on the number of units. Page 11 For multi-family developments with 75 units or more,four(4)amenities shall be provided with at least one (1) from each category. For developments with more than 100 units such as this,the decision-making body shall require additional amenities commensurate to the size of the proposed development. The following amenities are proposed from each of the following categories: 1)Quality of Life— clubhouse/lounge with a game room,24-hour fitness facility, coffee bar and a business center; pocket library; grills and fire pits; and public art space; 2) Open Space—9,620 s.f.grassy courtyard area with six(6) seating areas with benches and shade structures, a hammock lawn, a 3,800 s.f. rooftop terrace, and a pocket library; 3)Recreation: swimming pool and a 10-foot wide multi-use pathway around the west and north boundaries of the site that connects to the perimeter pathway in Phase I; and 4)Multi-Modal: charging stations for electric vehicles. Staff is of the opinion the proposed amenities are commensurate with the size of development proposed. E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title. Additionally, all street facing elevations shall have landscaping along their foundation that complies with the standards listed in UDC 11-4-3-27E.2. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations adjacent to E. Cinema Dr. in accord with these standards. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C. Street buffer landscaping along the I-84 off- ramp, classified as an entryway corridor, and along E. Cinema Dr., a local street, is required to be installed with the subdivision improvements. 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;a copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. Noise Abatement: Because residential uses are proposed adjacent to 1-84,noise abatement is required to be provided within the buffer along 1-84 in accord with the standards listed in UDC 11-3H-4D.Noise abatement in the form of a berm or a berm and wall combination is required to be provided approximately parallel to the freeway. The top of the berm or berm/wall is reuqired to be a minimum of 10-feet higher than the elevation at the centerline of the freeway. The Applicant is not proposing to construct a berm and/or wall as required and requests alternative compliance to this standard.Per UDC 11-3H-4D.4, the Director may approve alternative compliance as set forth in UDC 11-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer. Alternative compliance(ALT)to the noise abatement standards is requested because the buildings along the northern boundary of the site are set back between 110 and 145+/-feet from the I-84 off-ramp and a berm/wall with landscaping would not adequately buffer a multi-story building. A letter was submitted from Bionomics Environmental, Inc., listed on ITD's website as an acceptable consultant for noise studies,with an alternate recommendation for noise abatement in the form of double-paned windows with an STC rating of 31 for all units facing 1-84 and the off-ramp and minimizing the number of window openings facing 1-84. The letter states that in his opinion, double-paned windows are preferable to a noise wall and will provide adequate noise abatement for this site based on the reasons in the letter included in Section VIII.G. Based on this analysis,the Director is supportive of the request for ALT for double-pane windows with an STC rating of 31 to be provided in all units facing I-84 and the off-ramp. Page 12 Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations and perspectives were submitted for the proposed structures as shown in Section VIII.E. A modernist vernacular theme of design is proposed with a monochromatic color palette of off-whites and shades of gray with lap siding accents and decorative balcony railings for color and texture. Final design of all structures is required to comply with the design standards in the Architectural Standards Manual. A final plat application is required to be submitted,approved and a plat recorded for the second phase of WinCo Wells subdivision(H-2021-0007)to create a developable parcel prior to submittal of a Certificate of Zoning Compliance and Design Review application for the proposed development. VII. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement and Conditional Use Permit; and the Director has approved the request for Alternative Compliance per the provisions included in Section IX in accord with the Findings in Section X. Page 13 VIII. EXHIBITS A. Existing Conceptual Development Plan&Building Elevations and Conditions —^'@ ---------f'�...� —�-= �_ '. SITE DATA DATE o4nz zo15 -- -- LOT 1875 ACRES 85,000 S.F.MAJOR 4855TRLL5 5.7011000 ---------- LOT 2 LOT 3 i n TOTALS PARCEL B LEGEND NUMBER OF STANDARD SPACES PARKING SPACES MAJOR A ® CARTCORRAL 85,000 S.F. #TOTAL NUMBER OF PARKING SPACES SINGLE STORY I PER PARCEL PROPERTYlFARCEL LINE P i i D BUILDING LINE ---- EASEMENT CONCRETE SIDEWALK • wLI 777T7 BICYCLE PARKING APN,S1117438626 FAR:24% a I MAX,BUILDING HEIGHT,32'-4' ZONING',C-G-GENERAL RETAIL AND DESTINATION PLACE SUB. SERVICE COMMERCIAL DISTRICT TOTAL SITE AREA',816,2135,F,113,75 ACRES w 1 TOTAL PARKING AREA, 129,388 S.F. p� TOTAL PARKING LANDSCAPE AREA:35,5175.F, PARKING LOT LANDSCAPE PROVIDED:271 OZNi _ TOTAL LANDSCAPE AREA:58,5885.F, 04L�Luu� PERCENTAGE OF LANDSCAPE:12% Ow5w PARKING STALLS REQUIRED:170 ZO�� a . PARKING STALLS PROVIDED:405 CINEMA DR $W PARKING STALL SIZE:9,5'x20' ADA STALLB REQUI RED,9 ADA STALLS PROVIDED',10 BICYCLE SPACES REQUIRED,20 �eme,e�ow, BICYCLE SPACES PROVIDED',32 xwmu�.en rwuEwR ___ I nPPLlnnNrOC[n'IR'eIIECT. O BLOCK 2 Q 2—ernavT aLE,o N VACANT LAND w-w'r<IIH co c-�Ax�lamLLUA 'w caNT.�cr.cLea wms NnAa,m�mmem.�RHn,.bmN Q I'I I I 5�;wic�nNCE O I 8'l50 TALLON LN-NE.STE tHO �O OLYMPI.N'A9850E PRONE. 60.353-1465 I CONTACT:SnANIXIN JOxrvSON,PE E-MAIL,bmodovlaMaonTg�ecj.Iliaoce,eom ______ _ LEGAL DESCRIPTION'. _ - - - - - - - - BEING A PORTION OF PARCEL 1,LOCATED IN THE e«w.... SW Y OF THESE Y.OF SECTION 17,T,3M,R,IE„ SHEET TITLE ar Q »s E OVERLAND RD B,M,BOISE,ADA COUNTY,IDAHO PRELIMINARY SITE PLAN �- NORTH SITE PLAN SHEET SCALE:1"=40'-0" -- sc C-1 Page 14 `�xu `ilen,�[Wu a FRONT ELEVATION � LL wuu•�'•W Wlnco A 6 ENLARGED ENTRY/EKR �.m n«GE.ENLARGED FRONT EXIT W/AC III IF /OOOF - AFAR FI FVATIDN Poro +rtrtnLKM<T R 1 wwu.vufc FtT wllLIwIEL wxu wxeL x�._.nnr_ on sA�bw ¢ ow wccar xnxo ou Fur � � rlrf SDn tact GNV � RIGHT ELEVATION . u LEFT ELEVATION Page 15 4. USES PERMITTED BY THIS AGREEMENT: 'nis Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All development shall comply with City of Meridian ordinances and the Comprehensive Plan. 2. Development of-the west parcel located at 2600 E.Overland Road property shall be generally consistent with the conceptual development plan and building elevations included in Exhibits AA and A.5. 3. Prior to development of the east parcel located at 2700 F. Overland Road, the Development Agreement shall be modified to include a conceptual development plan that is consistent with the MU-R F L U M designation contained in the Comprehensive Plan. 4. With development ofthe subject property,the developer is required to extend sewer k water mains to and through the property. 5. Future development shall comply with the design standards contained iit UDC l l- 3A-19 and the Architectural Standards Manual and/or any updated versions thereof. Note: Provision#5.1.3 was stricken by the 1't Addendum to the DA(H-2020-0118, Inst. #2021-119176). Page 16 B. Proposed Conceptual Development Plan DATE 1-U Ji i! Ry _ ti r =3 'i II ITTIII'•,TrITTI'l3-1 — � : .^"',��; is • �Il:alal��a' �•�. — - .I•F1IL•F411CR i•I�I' — y r'llllllln - — rriiiiiii;r lOmni ftflkw z ii ��• L rM CA i l ........ 3- R3 Fr IJJ llll m rr� va i T d r z ! J li Wit' E.Omriang 04.(PO&I - Z1 rn r Z Page 17 C. Proposed Landscape Plan, Site Amenity Plan& Site Data(date: 4/27/2022) GrNFPALLA"DSCAPENOTES LAND ... F7JW2SCHEDUlE GROUP •• .v,v...c�. .. n ••a DECKHXXMTFEE BOTANMMME Roor 3u RAY AC A8 AL�iXFRE MI'.EHEIi MTY BAB ZCAL 15 J�.J CaMOCCIDENAL•FAST1GkTA• CEDC CLADRACCCE211ALIS BAB MAL 11. aI� I:LATxlAsnslamlEA.vaaaNS RTx eae z1xL 11 _ GAG Gmw Eum'Ainm DUD'ru BAB ZCAL 7 ' - ..... LLCA LL XTFIGME3i eae ZCAL. 17 - .. �,�w.r• ESER�3tFB1lREES BOTIW ICALRNE ROOT SM " yn xin PI FA PICEA PU;M F0.STIQlrA' BAB fi HOGHT 15 .... ...i•..n u. v.•.. "• - TA SK TANMAN DISTTCi6N'SR MUTY 848 G HT. 5 - ve ORNALEMAL TF= BOTANICALNVE Roor SVE UN ACHN ACERTATALBCI.N'HOTVIIRGS 33 BAB 15 AB TTL AYPII NEIWCIERI[GFATCIFLCRA.'AIfRIM BRLLMC:e BAB Vmw 19 u - w�a-•ium nmma�n.r.. �xr STIIED LOr TN{UI TMSA€NJIRED TAE€SPROVIDED E0BI119.DAIt! I SIO 115 15 LLJ - _ STREET IURERS g • '"-"°'�r STREET BUFTER WIDTH REQUIRED SURER WIDTH PRD41DE0 - .- •. •• .. ..manna E CINESW DRIVE IV 91 ~ N .. .• .. ... ,..wins �� ca AMACFIET VSE IURERS y _ -a.rsscumsnu Ep[ATIOH BUFFER WIDTH REQUIRED SURER WIDTH PROVIDED I/D C7 RORTHOUFFER 35' 1 3S' J WES76UFFER 2G 21' W 5 3 C3 MRTBr LpT IuffERs p = WIDTH REQI11RE0 WIDTH PROVIDED = 2 p O Cq x •. n.w-.ixn¢n.na naae vnmsvv� r.f.nm'c�exs � INTERFIRI LAFIDfi[PlllFlfi C3 �y _ TOTAL/Of STALLS TREES REQUIRED TIIEES PROVIDED SS3 10 15 �wn+a�n:•x. - - nwaviweu Page 18 THE € �_ THE UM `i LEG M ___________ _--- s -7] ��A Lu aa._ L-2.0 THE Lul �El�l• TRAIL NODE w/POCIETueeAV INTERSTATE I.84 �J» ocrar TRAIL CONNECTION ei TO PHASE 1 PASS I VC COURTYARD - el J 1D'MULTI-USE 7R AIL J CARPORTS 2 W POOL MO RTYAR6 a C] — oa _ Tn L—ING PLAZA ENHANCEDINTERS{MON 7 E PAVING Q •� x ^ 4 cc em cc H 7 C3 4E HAMMCKK LAWN IF CINEMA DR.URBAN EDGE M. L-3.0 Page 19 mro'4 xll� 4�n Il��q D..pe.�14Ju.rvcw s.Y•Taq >A1Y 6llY ;ar ir'r�4 aWfr n papxy Ip}'.Y popsX wr il.;lu[uap sEA r papxy a4vIY � p.T]� N)•IY _ r P» Ran rvAJIvlAu.��ry m agMn •I;P� 27- Nif� a�llvrea4 Rmn Rri pl�emuoy spur W�F4ka e�PnlYy lmlY uPs� 5Br 4a� u�omfVy ;sr yYr X �r yX� yX� +X� xp�uE IXRss np� I)Dlu ups SIRr rP�4M }sr s s-ar vsPs mmy cr+m+�w cans _ +n�+w 4n•n Rpm [as mP� laau ia� upmfuE ;wss fA3 Rp�1 5bu >4!•s SITE DATA OVERLAND WELLS II APARTMENTS �+ 7 XaOOCary SiOry Ervl;; N4RR/5 DESIGN LANDGROUP J #OTT N#LIMITED-ALL RIO HTS RE SERVE0.THE CO rvCE PTY i.rvD GRAWIrva3 ARE PROTECTED 11NDER�S :v.D lrviE WI A1IOM AL CO WRID HT AMD INTE LLE CTDu Fki1FERTY LAWS ArvD CAry rvOI EE USED Iry AnY uin rvER WMH OUT E%PRESS WRITTEry COrvSErvT- Page 20 D. Qualified Open Space Exhibit(dated: 4/27/22) jjjj • J LLLLa!• La OPEN SPACE PROMED • � ww� qyn c� � i � } � �� cfaircMourawa�co7 tour r� *t. �,r •--, • r aoo�iorcia�ry-•,— �� W . .. ..L' J• `} ... .. .. l � ' mpop��m�ss�op�a�.cwu+ �s G I r J h•� _ f•—1 a.• .. —. 14Ff�1LR. lf�Ff J � Z = LU `. ....n.. .. Lilt r II S4 s ii 4 � 4 f �{ •can avc� r.. aro- r L4.0 Page 21 E. Conceptual Building 1 i Renderings fori Clubhouse a o ® ■ o e FM I 11'. 11 ra !Ell1! !� 111111Ll a 1 __ Imo., 'illll- ■■� 111111--11 ri w. 11 11 Illlll �...■■. in a 11 I rl ri ■■.... �11111 71 7771 11111 Illli 1� 111111 CONCEPT ELEVATION A IIIp �11 11 11 ii■' 11 11' 1 11,1 - O................. 11 ��� !1 ■■ ■■ ■■ ■ �■ ■ u 11 ■ ■ E END ww CONlCEPT ELE VA710N B e. o ® oELEVATIONS OVERLAND I MIT LAN 15 111111 1 11 11 _ If 1 AN 11 d I =111 11 11111! CONCEPT ELEVATION A Im IT] KEYLEGEND o e o n ® a o Ills ` ■� 11 -1�- �. ■dr ■: 1111 GONECE PT ELE NATION B o © ® o OVERLAND 16 Nism me _ LL A Lu MEMO - m�"�I I y T o, l_1_ [I] m ® 5. CONCEPTELEVATION KEY LEGEND asu - . unnuL,so � '(--m ®��snxca—W� o o =EHRXG wttEn�rnr+x �E ❑2 ��� ®IE=nur+oF © I�Turwu%c ❑a I,EnlLovvarr g BUILDING 3 ELEVATIONS rRc OVERLAND W FELLS 11 APARTMENTS NGy 17 „„R� N�oKRIs D�ECN a-c T� I GROUP I-AN. IDAXD p O]a]],N G'LeMrt£D•nLI•RIGXiS RFSFRV£O.IXF CONCEPSS xND DPAW ING6 ARE PROTFCIED UNDER J,S.AND INIERNATI—L COPTRIGXT AND INIEILFCIVAL PROPERTY—1 AND CwNNOI FF JSFD iN ANT MANNER WITXOVF ERMF55 WRIFTFN CONSENT. Page 23 rl ..� VISION THE OVERLAND WELLS 11 APARTMENTS NG Lo - t t y- ag Page 25 r VIEW LOOKING POOL,FITNESS.CLUBHOUSE AND ROOF TERRACE FAX_.. 'j- wo ueouv OVERLAND WELLS a IIe APARTMENTS N+.o Wows'oulul ■■ ■ AERIAL PERSPECTIVE VIEW LOOKING NORTHWEST OVERLAND WELLS II APARTMENTS N+ '� i O ■ �I AERIAL PERSPECTIVE VIEW LOOKING NORTHEAST L - Nows uujiu+ wineu OVERLAND WELLS o IIo APARTMENTS N+ 11 GROPP Page 26 V 771 VIEW FPOM CROSSROAD LOOKING EAST IIT�- Jl» L�aoo v OVERLAND WFELLSe11 APARTMENTS N+ 12 .00e. NONuso�� pr _ �dl d �-r VIEW FROM URBAN PLAZA LOOKING EAST NowsJourninwn OVERLAND WELLS II APARTMENTS N+ 13 VIEW FROM ADJECENT SITE LOOKING NORTHEAST p� P OVERLAND WELLS o IIo APARTMENTS R+ 1 /I`t e, Nouus oesrr ceo° 0 Page 27 F. Legal Description for Property Subject to Amended Development Agreement UEGAL DESCRIPM N f THE LAND PaVIDF1 0 R 0 U P J UN E 6,2022 PROJECT NO.:122056 2600 EAST OVERLAND ROAD A PARCEL OF LAND LOCATEIF IN A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 17,TOWNSHIP 3 NORTH,RANGE 1 EAST, BOISE M E R DIAN,CITY Of MERIDIAN,ADA COUNTY, IDAHO,BEING MORE PARTIICULARLY DESCRIBED AS FOLLOWS: OOA+MENCING AT THE SOUTH ONE QUARTER ODRNER OF SAID SECTION 17, FROM WHICH THE SOUTH EAST CORNER OF SAID SECTION 17 BEARS NORTH 89P45`00' EAST,7656 84 FEET THENCE NORTH 00-24-W EAST, dSAO FEET,TO THE SOLFTHEAST CORNER OF DESTINATION PLACE SUBD VISION FILED IN BOOK 43 OF PLATS AT PAGE 11190,RECOROSOf ADA COUNTY, IDAMD,SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST OVERLAND ROAD AND THE POINT OF BEG INNING; THENCEONTHE EASTERLY BOUNDARY LINE OF SAID DESTINATION PLACE SUEIDIVISION NORTH W2405" EAST, FEET,TO A POINT ON THE SOUTH ERLY RIGHT-0E-WAY LINE OF INTERSTATE 84; THENCE ALONG SAIDSOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING 3 ODUIRSES AND DISTANCES: THENCE NORTH 8:V35'27R EAST,158.13 FEET; THENCE 5 H SWIW23"EAST,471.33 FEET,TO A POINTOF CURVATURE- THENCE 53-33 FEET ALONG THEARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,806J.96 FEET,A CENTRAL ANGLE OF 02'00'17"AND WHOSE LONG CHORD BEARS SOUTH 85'1Q'34" EAST,63.33 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-0E-WAY LINE SOUTH OW24'05" WEST, 1134.59 FEET TO A POINT O N TH E NORTHERLY R IG HT-OF-WAY LINE OF EAST OVERLAND ROAD; THENCE ALONG SAID NORTHERLY RIG HT-OF-WAY LINE THE FOLLOWING 4 COURSES AND DISTANCES: THENCE SOUTH SW59'52"WEST,71.96 FEET; THENCE SOUTH OO 24'05"WEST,11.58 FEET; THENCE SOUTH 45'33'34"WEST,28.68 FEET; THENCE SOUTH BW41VW WEST,597.70 FEET TO THE POfITOF BEGINNING. THE ABOVE-DESCRIBED PARCEL CONTAINS 19.7Al,ACRES MOIRE OR LESS. PREPARED BY:THE LAND GROUP Cf 'L LAjV MICHAEL S.FEMENIA 1 -OF -462€ant Shore Drive,Suter 100.E:a9k.Idaha 8M1e 246.00-4441 thNandgroupmr.00m Page 28 E Cf CL. 47 TTN81-3527'E 158.13' 2600 E. Overland Rd. _.4= for HJco Winco Foods, LLC a I Situate in a portion o1 the SUM 1:4 of the SE 1;4 of Section 17 Township 3 North,Range 1 East.Boise Meridian City of Meridian.Ada County.Idaho 2022 a I I Curare Table jI I CURVE LENGTH WWU5 DELTA CHORD BEARING CHORD LENGTH G1 Mal 1'W9m 2"DMr SMU3fE e3m N 2600 E OVERLAND RD r F WINCO FOODS LLC APN=S1117438526 co .a Q 18.74 AC± ,�,L L4uo a b a 13 a� rig c 4� Cc cJ G6.U. G22 sag°5s15zw 71.96 a" N04°24�85'E 56d°2A'05'V4 11.58 O go o 45.00' SA5°33'34y4N 28.68' SE C4R.SEC.17 I6 -R+w a SB9°48'00•�N 597.70' W 511 SEC.17 4 — — ca ca aST tivS�2i�xD R��tD NB9'46%'E 2656.64' S Exhibit "B' a 2�' 4f�a' c cm Horizontal Scale_1'=POR p KKo.:120181 a3�J Page 29 G. Alternative Compliance Details �M��TI-- --84 Units on these two(2)buildings facing I-84 and the off-ramp will have - - --- ._-._ windows meeting the following specifications: Alside Fairfield 70 Series A571-70 Series Single Hung Frame Color=White Double Glaze,ClimaTech,DS/DS,IE Liners,STC Rating=31 r. A; Z. :m: m ZZ On ............. �"!; r O 4. 1 <> L1l R-'R E.ii;A l-d ............................................ Page 30 0 Dave Aizpitarte Bionomics Environmental,Inc. 1045 East Winding Creek Eagle ID 83616 208-939-1022 1 visited Phase Two of the Overland Wells proposed site 3/24J2022 and its proximity to 1-84.Similar to Phase One,in my professional opinion,double-paned windows are preferable to a nolse wall and provide adequate noise abatement forthis site, Dave Aizpitarte background David Aizpitarte has performed and supervised all aspects of traffic noise studies,including all field sampling using FHWA procedures for sampling and quality control.He performed and supervised computer modeling using Stamina 20,TNM 1.0,and TNM 2.5 for modeling present and future traffic noise impacts.He has attended classes in traffic noise analysis including seminars presented by Bowlby and Associates and HMMH Inc.(developers of TNM).He is a traffic noise expert witness for the ACHD and the ITD and has served both on an advisory group for the upgrade of TNM and the ITD noise policy. He has performed a wide variety of traffic noise studies throughout Idaho and Montana in support of road design,airports and facilities expansion. 1 The location is relatively far away from the 1-84 centerline.Blonomics designed(non-engineering)the noise walls across from the Boise Airport on the north side of 184.The regulations did not require us to study receptors similar to the Overland Wells Phase Two proposed apartment complex located further away than ones located adjacent to 184.The further a potential sensitive receptor is from a noise source (184)the more community noise becomes a factor. 2.Similar to Phase One,the elevational difference and terrain features cover up the tires of the vehicles both on the eastbound off-ramp and 184.This would be a benefit for the first level(ground floor)of the apartments.At higher speeds tire noise is the predominant noise source and having them obscured by terrain can be sufficient mitigation.From what I observed I feel this is the case at this proposed project location. 3.ITD noise policy does not contemplate any mitigation for second or third floors of receptors in an apartment complex, The noise walls are typically not feasible from an engineering basis(too tall, structurally unsound)and not reasonable from a cost basis.I would recommend mitigation such as double paned windows and minimize the window openings facing the freeway.A Light Frame Ordinary Sash(closed)window will give you a 20 dB reduction in interior sound levels,Storm Windows will give you a 25 dB reduction.This is a cost effective and superior mitigation to noise walls that start a 7 dB reduction per receptor and again,walls only mitigate for the receptors directly behind them. 4.From an esoteric standpoint,walls can be claustrophobic and conflict with the view of the foothills (visual impacts).For example,Bionomics was able to design a wall for the Renaissance apartment complex on Chinden that met both engineering(Feasibility)and cost(Reasonability)criteria set by the FHWA(Federal Highway Administration).The owners felt thatthe wall would disrupt the view and give the apartment complex a"penitentiary"look, They declined(desirability)the wall. The same issue happened on the south east quadrant of the Ten Mile interchange.Similar to this proposed project the terrain features of the off ramp offered noise mitigation and the neighborhood was unanimous in retaining their view of the foothills. I hope this will give you a good case and please review and give me any comments or corrections. Dave Aizpitarte Principal Bionomics Environmental,Inc. Page 31 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The conceptual development plan included in Section VIII.B and conceptual building elevations included in Section VIII.E of this report shall replace the conceptual development plan and building elevations included in Section VIILA and in the existing Development Agreement(DA)(Inst. #2016-060157). The amended DA shall be signed by the property owner(s) and returned to the City within six(6) months of City Council granting the subject modification. Conditional Use Permit: 2. Prior to the City Council hearing, submit a revised common open space exhibit that complies with the minimum standards listed in UDC 11-4-3-27C.A minimum of 3.18 acres of qualified common open space is required and may not include the sewer easement area along the west property boundary where the 14-foot wide access road is required to be preserved.Alternative compliance may be requested to the standards in UDC 11-4-3-27C per 11-4-3-27C.3b. 3. A final plat application shall be submitted, approved and a plat recorded for the second phase of the WinCo Wells subdivision preliminary plat(H-2021-0007)to create a developable parcel prior to submittal of a Certificate of Zoning Compliance and Design Review application for the proposed development. 4. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 5. Submit floor plans demonstrating compliance with the minimum private usable open space standard of eighty(80) square feet for each unit in accord with UDC 11-4-3-27B.3 with the Certificate of Zoning Compliance application. 6. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 7. Comply with building code requirements for separation between structures within the development. 8. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required,per UDC 11-4-3-27B.1. The garage structures along the eastern boundary don't comply with this standard. b. Depict the locations of the property management office,maintenance storage area, central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access),and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. b. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. c. Depict landscaping along the foundations of all street facing elevations adjacent to E. Cinema Dr. as set forth in UDC 11-4-3-27E.2. Page 32 d. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-12C. e. Provide a minimum of 3.18 acres of common open space that complies with the standards listed in UDC 11-4-3-27C. f. Include details for the proposed amenities (i.e. grills&fire pits,public art, shade structures, etc.). g. Widen the buffer along the west boundary of the site to include a minimum of 5-feet outside of the sewer easement to plant trees in accord with the standards for perimeter parking lot landscaping in UDC 11-3B-8C and landscaping along pathways in UDC 11-3B-12C; or, apply for alternative compliance to these standards as set forth in UDC 11-5B-5. (Note: If wheel stops are not proposed to be provided within abutting parking spaces, an additional 2-feet is required to be added to the adjacent buffer to allow for vehicle overhang per UDC 11-3C-5B;the length of parking spaces may be reduced by 2-feet to 17-feet if 2-feet is added to the buffer width.)A 14-foot wide maintenance road should be depicted within the easement and any landscaping within the area where the maintenance road is located should be removed from the plan; the 6- foot wide area within the easement outside of the maintenance road area may be landscaped with grass and bushes. 9. The Applicant's request for Alternative Compliance to the noise abatement standards listed in UDC 11-3H-4D was approved by the Director. Double-pane windows with an STC rating of 31 shall be intstalled on the north-facing elevations of all units facing 1-84 and the off-ramp as proposed. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No Permanent structures (buildings, carports,trash receptacle walls,fences,infiltration trenches, light poles, etc.)can be built within the utility easement. 1.2 Sewer easement varies depending on sewer depth. Sewer 0-15 ft deep require a 20 ft easement, 16-20 ft a 30 ft easement,and 21-30 ft a 40 ft easement.Adjust easements accordingly. 1.3 Sewer 18 ft or deeper require a 60" manhole. 1.4 For water and sewer in parallel, if sewer depth is greater than 15', locater water main 5 ft from edge of easement and center the sewer main between the water main and other edge of easement. 1.5 Utility Plan shows southern main connecting to existing sewer main on Cinema Dr. There is current no existing sewer stub in that location. Sewer will need to be brought from the stub from E Overland Rd. 1.6 Ensure no sewer services pass through infiltration trenches. 1.7 Offsite waterline to the east must be installed to allow looping before this development is constructed. 1.8 Water stub into property at the southeast corner of the apartments needs to be abandoned per City Requirements if it is not used. 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. Page 33 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 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. Page 34 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. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 35 C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT https://weblink.meridianciV.org/WebLink/DocView.aspx?id=263854&dbid=0&repo=Meridian City E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.m eridia n c i ty.org/WebLink/Doc View.aspx?id=2 665 8 4&db id=0&rep o=Meridia n City F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orzlWebLinkIDocView.aspx?id=264930&dbid=0&repo=MeridianCiU&cr =1 G. WEST ADA SCHOOL DISTRICT(WASD) No comments were submitted. H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=266385&dbid=0&repo=Meridian City I. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT TABLE https://weblink.meridianciU.org/WebLink/DocView.aspx?id=266819&dbid=0&repo=MeridianCiU&cr =1 X. FINDINGS A. Conditional Use Permit(UDC 11-511-6E) 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. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G 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 is consistent with the future land use map designation ofMU-R and is allowed as a conditional use in UDC Table 11-2B-2 in the C-G 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 and existing in this area and with the intended character of the area and that such uses will not adversely change the character of the area. Page 36 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. 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. Staff finds that essential public services are available to this property and that the use will be adequately served by these facilities; comments were not received from WASD. The school impact table provided by the Community Development Dept. in Section IX.I shows that the elementary and middle school enrollment is currently under capacity and the high school enrollment is over capacity. B. Alternative Compliance(UDC 11-513-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-3H-4D is feasible although not entirely effective due to the height of the proposed structures. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative means of compliance of providing double pane windows on all units in the two (2) northern structures that face I-84 and the off-ramp as noise abatement to the traffic noise provides a superior means for meeting the requirements in UDC 11-3H-4D. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 37 E IDIAN;--- Applicant Presentation SEASONS AT M ERI DIAN , Phase I I H-2022-0030 - CUP for Seasons at Meridian and DA Modification MDRGAN HOLDINGS N G j } jJ .► r►� THE & NoRJ?,andiS DESIGNLAN D ■ `r GROUP HILL P Pfi—q I Landscape Arteedun h I Plq.a Porno 6n L RUT Ad 3 CDU rlty Rl Ads County r� X-0 + LVJ I-L - - -fir Ci-nl Subject ! _ i -L Property Ri k s r y -:: C da Count L ti ' � o W _ r n -- �h a� Mrt A- 9-4 —�"`� zo16 D.A. Conditions CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All development shall comply with City of Meridian ordinances and the Comprehensive Plan. W I N CO 2. Development of the west parcel located at 2600 E. Overland Road property shall be SITE generally consistent with the conceptual development plan and building elevations included in Exhibits A.4 and A.S. 3. Prior to development of the east parcel located at 2700 E. Overland Road, the Development Agreement shall be modified to include a conceptual development plan that is consistent with the MU-R FLUM designation contained in the Comprehensive Plan. 4. With development of the subject property, the developer is required to extend sewer & water mains to and through the property. 5. Future development shall comply with the design standards contained in UDC 11- 3A-19 and the Architectural Standards Manual and/or any updated versions thereof. 2o16 D.A. 6.EiMbitAA: Proposed Conceptual Development Plan(dated:April 12,2016) SIX= ------- ----------- SITE Concept P l a n �._ �I ------- ------- LDTI tM75ACRIM M STAUB 4 70PUM ----------- I LEGEND MMOF&-bAft MAJOR A m CMff CORRAL 85,M S.F. MOSPACLS SINGLE STORY PWFVRrfAkARM UNE BUIL04NO UNE 00MCREnSIDEWALK vw- 7TrMTI BICYCLE PAR KINQ TINY f!" APN:S11t743$M PAM'S" ZbNI":"-0EN9P&FtETAJLAM 04, SERVWCOUROEMCM DWRICT DES-1110ATICh PLAU SUB. TOTAL SITE AREk'~3".MCI$ACRES TOTAL PANAMARM 12k=&F, TOTAL PARI"tAIISOCAM AREA.45L011 a-F Wy!Q PAW M LOT LANOMICAM MWOMPS TOTALLANDWAVEAMM 511001110, PERCIERVAUe OP LAMD10CAM IM PART MST0"MSQVM ird P^Fd(M STAUB PRCWDW 4H ONE"M I-AwMxrAj1$=%ft2w AuAvrM.LSFWMU9";G ADA VALL4PAMIDIM.It SICYCLE SPACES FIJEWARED M MrAn AP� BLOCK I VACANT LAND onwtMnwte =1L L 0 0 OWrAgr OUNIMMM-k Ba LEGALORMAPTIM KING ArCATICkWIPARGEL 1,LOCATED M THE SWI40FTMSE$iDFSECTFON17.TAH,,FLIR, OMMITT"M E OVERLAND RD B.M.MSE.ADA COLIN",WHO MOW SITE PLAN WALE:1�41W C11 Winco - Support Dear City of Meridian Plaining Ccznrn;;',;sV-Nn, I am writing on behalf of Wi-nr-o Foods to express our sincere su, ort for the Seasons at Mei d� ' an Phase Ii development by the Morgan Steneh,, 1 Development Campany. For your reference, the property is located at 2600 E. Overland Rd, Mere:,:an, ID 83642. As a leadzig supermarket cha, n in the kiaho region, our firm supports the proposed multi- faw. ly development, as an ideal use of the land since Win Co has made the decision not to open a new location at 260 E Overland Rd, 1 -ridian, ID 83642. Due to growth in the Treasure Vag:+.ey/Meridian, W2?iCo is planning to remodel its existing store within .&-ridian at IOE6 S Progress Ave, WrYAan, 1D 83642 arA rem,?�ns corn nitted to expanding south of I-84 at the appropriate time. Tla.ough our due dy'iigence we have concluded that this is not a favoraUe 'cation fcz another Wirf'n. As the landowner, it is not in out best interest to sell this land to another commercial or retail user; it is our professional belief that given the lack of supply and high demand, this is a perfect infill location for a Class A multi-family project. Given our history with Morgan Stcnehill, we believe in their business model and their abXity to execute me-c-es them the referred use for this site. zoo 6 D.A. fIITENSTArE F-dt + proposed "I"Eft r4rF,_� Modification -- I I �.err r n.rr i li Future Retail L Ovwbd OL 1 t te, PROJECTFLUM b; x� M 04MI OL 0 �r �c ri ■ ■ - ■ Future Land Uses Citywide Ten Mile S13--cific Low Density Residential civic Low Density r■ ��* — w�� Employment Medium Density Residential Old To� High Density Employment -d-High Density Residential Mixed Use Neighborhood Mixed EmploymentJ. J. �rrr■■■rr>� CommercialHigh Density Residentia� Mixed Use Community Mixed Use Residential -d Use Commercial Office Mixed Use Non-Residential ■iiilii■s ■■■■iii Industrial Mixed Use-Interchange ; 1i ! rrar *�l�lTl�lll����lit CP i � ■ y`� �■■■� �! �■r■ ■rr ■ ■ ir■ F Tau+ !r � . � rarr ii r iii �iil< =I IIII glil f �fil1 11! ♦��+# �� �� i■illiii a \r — —5C■ C ■ !!! ■I�� ■ ��■A; �� i E' Current Use Mix in MU bane ■ � -- Office-- 2,300,000 square feet Retail-- 531,000 square feet Subject _ o Multifamily.- 694 units Property (not including Seasons at Meridian) r Ty - Ti i Retail&Hospitality S ' F-- Office Medical Single Family Homes 9 y _ Multifamily w QUndeveloped IL �-- `� � • pig Site P an or CUP ��_ 2: sr►t try r r"�a n r r�° �`��'' �' �r rr F wu p•ry fM Rf pf �� s�rrrnrntr rtrrrr�mgmd Grrarrrrrrrrrr��rnrrrrrrrrr rrrnnnrsrt rrrrq��t���p�r��nrtr snrp�r�llu� � � �Irnl Iral o.. d h err rr I �i v. ,1�91 q ICI r � Z � • � I I 1 � r i •� a �-f li�i llll n•ll � -- -- - � fur Gr�s� �� -- - II 7tl Il 11 �1 Milli I ' II M I�Ir I \I�1111 111. tl. IIIIII I I r �r IE _ - - 1w■ �� ! Itrl r = ?,: �: 10. � � i _ d y1 � ■1 Pt PAW is y � Aor 1 N I ui h'�II", IIII I •. ra t _a d I i3 1 T LEGENDKEY 0 30 © © SYSTEM 0 SIDING © STUCCO- WOOD � 0 0 0METALCANOPY 1 1 1EE EL 111 11 11it 1��11 11 �..�•� 11 11 - 11 [ 1 �� Iw�11111 11111� 11111� 11 ��u�� CONCEPT ELEVATION A ■■■ , �„ -�■ ME[] 11 I�IIIII��I�11111„ IIIIIIIII;;I " ,,,, 1� " 11 IIIIIII ■■ LI1I IIIIIII 1■■■ i. ���. - IIIIIIIIIIIaI. �� 11. lnn. !!� 11 11 111 _01191iMllI�il�Il 11 11 11- 1111 ■--■ I. -��� - :� 11:1 f III.. ■■■■ 1111 �!� 11 l��lI!1lII,1. 11 - � � I � IIJIIIL[II II III[II _ .II ■ ■ ■ III■�--- ■H1yr, ■Ilo: J CONCEPT ELEVATION B LEGENDKEY WARM W HITE(DEW 380) FADE TO BLACK(DET 62M F51 SYSTEM SIDING STUCCO- © RECLAIM ED WOO iD 0 METALGATE 0 METAL RAILINGMETAL CANOPY 0 �eeeee ■. �: 11 �a�1� Pi ihlll l . � i r�im nininoumonu nwmmimuun �11 11 ■I 11i�rllll . � 11 Il,�ul�ll� ��� 11 �i 11 �"� "' ' CONCEPT ELEVATION A ■ �1 E1 ® ■ Ll ■ 11 11III ■■■■■��iiiu�!!�,,.11 ■■■■■■■ ■11 im! �� 11 li 1 1 1 11q] E■■ �;,;I�II! �.�..11 1 1 1111111 dill 1111111lIIII II I! —— 1 11�111I�i��� 11 ■� 11 .. logCONCEPT ELEVATION 8 15 . • Qualified '1 !r'rrrrlr ! !!rr rlrr Ilr r ! ! r rrrrrl! Open Space OPEN SPACE PROVIDED rrrrr.r.rrr PARK lf/1 Ifl Vfl Vftl l>!I - ■'i 1R �u� u� n ■n na — ra .+. .�� ra .+a u■ rl 903 SF �� ■� �� _ �� � �� ®� � rrrE::3rrir AMENITY AREA 17.213 SP 1� 1Vf 1Vf 1Vf 1Vf N w � rrrrrer=��� • ,ry r F h �ln � ���� �� � r 1 f■ ■RTH AN■ 26.9V 8F r" °rrrrrrrrrr''Irrrrrrlllrr 111rrlrrrrrrrCINEMA DRIVE OPEN SPACE 21,632 SIF 1 lr`IIIIIIIIIIII killillikil llllllllllll ■■ ROOF TERRACE ON CLUBHOUSE 3.8CO SF ROOF TERRACE ON 0I SFTOTAL OPEN SPACE PROVIDED 80,580 SF TOTAL SITE REA 507,558 SF PERCENTAGE OF QUALIFIED OPEN SPACE 15.9% `� + 11111I �� i■ I REM TRAIL NODE W/POCKET LISRARY INTERSTATE 1-84 J)J.J NOg11S D9�IW ju TRAIL CONNECTION TO PHASE 1 PASSIVE COURTYARD 10'MULTI-USE TRAIL- I J J CARPORTS = W POOL COURTYARD 2 O I.— y ca I = y LEASING PLAZA y C7 J S_ W O ENHANCED INTERSECTION 3 J PAVING C G = = Z W C" C2 Vp HAMMOCK LAWN ac _ - CINEMA DR.URBAN EDGE L CINEMA DR. r- � na LlLSTMTIIE� � � 1N10.5Uif PIAN L-a.o 15 Qualified Amenities A. Quality of Life: • Clubhouse—game room, coffee bar, 24/7 parcel lockers, business center,work/classroom stations, event space,Wifi, HDTVs • Fitness facilities— 3500 square foot, 24-hour fitness facility with yoga and spin studios • Two rooftop gathering and community spaces —north-east building overlooking plaza and mountains & above the clubhouse • Pocket library • Grills and fire pits • Public art B. Open Space: • 9,620 square foot grassy area,including a large central grassy courtyard well in excess of 5,000 square foot minimum, and additional grassy areas throughout, including six seating areas with benches and a pocket library • Courtyard • Hammock lawn Six picnic areas with tables and shade structures • 3,800 square foot rooftop terrace— above the clubhouse C. Recreation: • Pool • 10-foot multi-use perimeter path that connects to Phase 1 D. Multi-modal amenities: • Charging stations for electric vehicles rim' 9RI - I I ■o .Hk�d:aullkiiil Rwau— ��1�� f� ' �- .E a �Il i A� y - � � • i� ;y •f � Tf I .Y - sir .-..- a ,\ - r a 40 40 � � "� � , ��� Y � •r � 1 �4 � �!' AFC. IN ® � �I — ' Pi • _ MONO IIIIIIIIIIIIIIIIIIII�� Ilm IililVmlll ui� �� 1. �'qr►s• � �,r if - 1111 1111 VIEW FROM .• NORTH INTERSTATE 1-84 Parking - - 0 �f � � m _ c v � n TOTAL PARKING PROVIDED N UNCOVEREDI n $ BUILDING BUILDING ENCLOSED` CARPORT• TOTAL SURFACE COUNT RKINGFACE GARAGE PARKING PROVIDEDPA N d BUILDING TYPE 1-3 3 293 130 216 639 - ACCESSIBLE PARKING 12%) 6 3 5 14 ■ ■ TOTAL 299 133 221 Wo PARKING RATIO 188 'REQUIRED•1 COVERED PARKING SPACE!DWELLING U NIT{EXC LU DUNG ST U DIO1=344 COVERED SPACES REQUIRED s ■ c F F x 0 a n _ • E.Cinema Or(Public) Traffic - Comparison Table 3. Net Change irr Tr:p Ceneratiom (Proposed Apartments Pninus WkiCo Foods) Total Pass-by Prlmary Trips Time Period Trips Trips Enter Exit Total AM Peak hour (51) 0 (97) 36 (51) PM Peak Hour (547) (148) 1183) (216) (399) Saturday Peak hour (659) a (328) (331) (659) Services • Fire — Meridian Fire Station #4 is 0.9 miles away • Police — Response time is less than four (4) minutes • Traffic — All ACHD conditions of approval are acceptable • Sewer/Water — Meets Meridian Master Plans • Schools — WASD schools have capacity to serve the project INTERSTATE 1-84 Site Plan withI�Iz--- - � _ I-1 m Proposed Retail rIf L � J li }f' - r !Cin�ro Dr IF._�I I w ti I Y 11 E.OWand Rd.(Pubis -71 Yr-� Requested Changes to Conditions of Approval • Condition A.3: A final plat shall be submitted and approvedA d A roG„rd for the second phase of the WinCo Well subdivision preliminary to create a developable parcel prior to submittal of a Certificate of Zoning Compliacne and Design Review application for the proposed development. • Condition B.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 approved reGerd , prior to applying for building permits. Request Recommendation of Approval to City Council SEASONS AT MERIDIAN Phase 11 MDRGAN HOLDINGS N G j } jJ .► r►� THE & NoRJ?,andiS DESIGNLAN D ■ `r GROUP HILL P Pfi—q I Landscape Arteedun h I Plq.a Porno 6n L Dave Aizpitarte Bionomics Environmental, Inc. 1 �- Fh- "In my opinion, double-paned - windows are preferable to a noise - = - tiat wall and provide adequate noise abatement for this site. Picture One.Approximate location of Apartment Complex Picture Two Location at fence line Zoning Map ---- % VIE L-0 Rgsi eM $iF�s ___ _ �s�A- - �� 7yl 7 Low Density Residential[R-2] � r . MAGIC Medium-Low Density Residential[R-4] _--� l7 H3GHT5 - ~:L ' BAD 1 Medium Density Residential[R-8] 4BEL - [� ±fricBAr+ _ 143 -_ ----Z MAC Medium-High Density Residential[R-15] }1 ' - ,L()CUSrv1EV� T, NE J f[EY-GETS NO High Density Residential[R-40] i s; _ s Zoning Districts - _ _ --- 0-ERL-1-�_111-�r` , I 1�'G£N� +U IrMustrial Districts strial[I-L] I DESTF SON Light Indu GE1Mi 4 j Heavylndustrial[I-H] PLACE PROJECT SITE { _ ESTrrrl - Trad'N!iona!Neighborhood Districts pi'- YGROUNn DnE*STrI]1' OISx _a L i _ �y p i��-y � `N-EM�N ACE Old Town[O-T] -i-- ------------- --- i Traditional Neighborhood-Center[TN-C] I O�10 — J117 :SQ- Traditional Neighborhood-Residential[TN-R] L 5 5 0R�UEERC'y� OHO Goa rRL5T 14 - PLUA C] NDO F Commercial Districts - i STQRAGE ]4i£DICAI hi -- �IId QC1 i � ' Rrs _ -------- ..._ Neighborhood Business[C-N] j - R F SOLL�O� O __ _ V i r0 � 4 Community Business[C-C] --- --------�� 2.O Ol : o u-, r--- ---� GOLD -,7- GGI4DSTG} • C TER E` ■ ' IN � General Retail&Service Commercial[C-G] L 'x; RL4{ � I �J{'C PKq.j_A!f N0 Ol ® -- ' ---... . AOI.. E Limited Office[L-O] ;1` NO ID - 5Tr1'FR5Tf?-Y + Mixed Employment[M-E] ■ Nigh Density Employment[H-E]