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2022-09-15 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, September 15, 2022 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT ABSENT Commissioner Stoddard Commissioner Wheeler Commissioner Grace Commissioner Yearsley Commissioner Lorcher Commissioner Seal ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved 1. Approve Minutes of the September 1, 2022 Planning and Zoning Commission Meeting Motion to approve made by Commission Stoddard, Seconded by Commissioner Lorcher Voting Aye: Commissioner Stoddard, Commissioner Lorcher, Commissioner Seal Abstain: Commissioner Grace ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 2. Findings of Facts, Conclusions of Law for Denial of Bridgetower Multi-Family (H- 2022-0047) by Alpha Development Group, located at S0427438410 on the north side of W. McMillan Rd. between N San Vito Way and N. Vicenza Way, near the northwest corner of N. Ten Mile Rd. and W. McMillan Rd. Approved Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Stoddard Voting Aye: Commissioner Lorcher, Commissioner Stoddard Abstain: Commissioner Seal, Commissioner Grace 3. Public Hearing for Cobalt Point Apartments (H-2022-0042) by The Land Group, located at on Parcel R7909850396, directly east of the intersection of S. Cobalt Point Way and E. Copper Point Dr. in the Silverstone Business Park. Continued to October 20, 2022 A. Request: Conditional Use Permit for a new 264-unit multi-family development on approximately 11.95 acres of land in the C-G zoning district. Motion to continue made by Commissioner Lorcher, Seconded by Commissioner Stoddard Voting Aye: Commissioner Lorcher, Commissioner Stoddard, Commissioner Grace, Commissioner Seal 4. Public Hearing for Slatestone Subdivision (H-2022-0039) by T-O Engineers, located at 2707 S. Stoddard Rd. Continued to October 6, 2022 A. Request: Annexation and Zoning of 5.04 acres of land with a request for the R-8 zoning district. B. Request: Preliminary Plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district. Motion to continue made by Commissioner Stoddard, Seconded by Commissioner Grace Voting Aye: Commissioner Grace, Commissioner Lorcher, Commissioner Stoddard, Commissioner Seal 5. Public Hearing for Kingstown Subdivision (H-2022-0045) by Kimley Horn, located at 2620 E. Jasmine St. Continued to October 20, 2022 A. Request: Annexation of 8.20 acres of land with an R-8 zoning district. B. Request: Preliminary Plat consisting of 28 building lots and 6 common lots on 8.20 acres of land in the R-8 zoning district. Motion to continue made by Commissioner Stoddard, Seconded by Commissioner Grace Voting Aye: Commissioner Stoddard, Commissioner Grace, Commissioner Lorcher, Commissioner Seal 6. Public Hearing for Brightstar Overland (H-2022-0061) by Hatch Design Architecture, located at 2940 E. Overland Rd. Approved A. Request: Conditional Use Permit for a residential care facility on 0.59 acres of land in the C-G zoning district. Motion to approve made by Commissioner Grace, Seconded by Commissioner Lorcher Voting Aye: Commissioner Lorcher, Commissioner Grace, Commissioner Stoddard, Commissioner Seal 7. Public Hearing for Matador Estates Subdivision (H-2022-0043) by Quantum LTD, Inc., located at 1235 E. McMillan Rd. Approved A. Request: Annexation of 5.09 acres of land with an R-4 zoning district. B. Request: Preliminary Plat consisting of 14 building lots and 2 common lots on 4.84 acres of land in the R-4 zoning district. Motion to recommend approval made by Commissioner Lorcher, Seconded by Commissioner Grace Voting Aye: Commissioner Lorcher, Commissioner Grace, Commissioner Stoddard, Commissioner Seal ADJOURNMENT 6:55 PM Meridian Planning and Zoning Meeting September 15, 2022. Meeting of the Meridian Planning and Zoning Commission of September 15, 2022, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Patrick Grace, Commissioner Maria Lorcher, and Commissioner Mandi Stoddard. Members Absent: Commissioner Steven Yearsley and Commissioner Nate Wheeler. Others Present: Chris Johnson, Joy Hall, Kurt Starman, Bill Parsons, and Dean Willis. ROLL-CALL ATTENDANCE Nate Wheeler X Maria Lorcher X Mandi Stoddard X Nick Grove Steven Yearsley X Patrick Grace X Andrew Seal - Chairman Seal: Good evening. Welcome to the Planning and Zoning Commission meeting for September 1st, 2020 -- sorry. September 15th. Copy and paste got me again. September 15th, 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 -- to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take questions until the public testimony portion. If you have a process question during the meeting, please, e-mail cityclerk@meridiancity.org and they will reply as quickly as possible. If you simply want to watch the meeting we encourage you to watch the streaming on the city's YouTube channel. You can access that at meridiancity.org/live. With that let's begin with the roll call. Madam Clerk. ADOPTION OF AGENDA Seal: Thank you very much. Okay. The first item on the agenda is the adoption of the agenda. For reference Cobalt Point Apartments, file number H-2022-0042; Slatestone Subdivision, file number H-2022-0039, and Kingstown Subdivision, file number H-2022- 0045, will be open for the sole purpose of continuing to a regularly scheduled meeting. They will open only for that purpose. So, if there is anybody here tonight to testify for these applications we will not be taking testimony on them. Can I get a motion to adopt the agenda? Meridian Planning&Zoning Commission September 15,2022 Page 2 of 21 Lorcher: So moved. Stoddard: Second. Seal: It's been moved and seconded to adopt the agenda. All in favor, please, say aye. None opposed, so motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the September 1, 2022 Planning and Zoning Commission Meeting Seal: Next item on the agenda is the Consent -- the Consent Agenda and we have one item on the Consent Agenda, which is the minutes of the September 1 st, 2022, Planning and Zoning Commission meeting. 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. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSTAIN. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: All right. So, we will move forward with the public hearing process. At this time I would like to briefly explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to the Comprehensive Plan and Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. After the applicant is finished we will open the floor to public testimony. Each person will be called on only once during public testimony. The Clerk will call the names individually of those who have signed up on our website in advance to testify. You will, then, be unmuted in Zoom or you can come forward in Chambers to the microphones and 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 for the meeting, it will be displayed on the screen -- the screen and you can run the presentation or the Clerk can 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 signed up in advance have spoken, we will Meridian Planning&Zoning Commission September 15,2022 Page 3 of 21 invite any others to testify. If you wish to speak on the topic you can come forward in Chambers, press the raise hand button in the Zoom app. If you are listening on the phone press star nine and wait for your name to be called. If you are listening on multiple devices, such as a computer and a phone, please, be sure to mute those extra devices, so we do not experience feedback and we can hear you clearly. When you are finished, if the Commission does not have questions for you you will return to your seat in Chambers or be muted on Zoom. You will no longer have the ability to speak. And, please, remember we will not call on you a second time. After all testimony has been heard the applicant will be given another ten minutes to come back and respond. When the applicant is 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 recommend -- recommendations to the City Council as needed. ACTION ITEMS 2. Findings of Facts, Conclusions of Law for Denial of Bridgetower Multi- Family (H-2022-0047) by Alpha Development Group, located at S0427438410 on the north side of W. McMillan Rd. between N San Vito Way and N. Vicenza Way, near the northwest corner of N. Ten Mile Rd. and W. McMillan Rd. Seal: So, with that said, at this time I would like to open -- well, actually, I would like to vote on the Findings of Facts and Denial for Bridge -- of the denial for Bridgetower Multi- family, conditional use permit, file number H-2022-0047. We have had -- some of us were able to vote on this as it came through the regularly scheduled meeting. Now, if -- Commissioner Grace, if you have reviewed the process and are ready to vote you can or you can also abstain. Grace: Mr. Chairman, can I get a clarification on what we voted for previous -- previously at this meeting? We voted on the agenda; correct? Seal: We voted -- Grace: We did not vote on the minutes from the September 1 st meeting; is that accurate? Seal: Sorry. Can you repeat that? Are you asking about this file specifically or are you asking about what we already covered? Grace: I'm asking what we already covered under the Consent Agenda. Did we vote for the agenda or did we vote for adoption of the minutes from September 1 st? Seal: Adoption -- adoption of the minutes from the -- from the 1 st. Grace: Okay. And I asked the question, because -- perhaps I misheard you. I am prepared for this agenda item to abstain, because I have not reviewed those minutes and so it hardly seems logical that I would vote to approve the minutes in the earlier vote if I'm Meridian Planning&Zoning Commission September 15,2022 Page 4 of 21 abstaining from this one. So, I feel like maybe I was confused. It was my fault. I didn't know we were voting on the minutes. I thought we were voting on the agenda. Seal: Understood. Starman: So, Mr. Chairman, I think with the consent of the Chair and the Commission, we can have the clerk record your vote as an abstention relative to the minutes, if that's your desire and if your Commission -- fellow Commissioners are amenable to that -- is that okay? So, we will reflect Commissioner Grace's vote on the consent calendar as an abstention and so it passes three zero with one abstention. Grace: Right. I just -- for clarification I just want to make sure, because I am prepared to abstain on this particular item, because I have not had a chance to look at the minutes. So, it hardly seems right that I would have approved the minutes of -- I mean I guess I could approve them based on, you know, administrative accuracy. I just haven't reviewed them. Seal: Understood. Starman: Mr. Chairman and Commissioner Grace, I guess my recommendation, particularly with your comment that you have not yet had an opportunity to review them, I think an abstention would be appropriate. So, I think that's -- that would be a -- a wise way to approach it. Grace: I agree and that's my intent. Starman: And, Mr. Chairman, perhaps just with a -- a minute or two more context for Item 2, which is before the Commission currently. So, this -- this is somewhat perfunctory in the sense that this would -- typically findings of this nature would typically be on your consent calendar with no discussion at all and just for clarity, this is not a public hearing this evening. No public testimony is permitted. This is really just an action item up or down vote for the Commission. The reason it is on the regular calendar, instead of the Consent Agenda, however, is because at the September 1st, 2022, meeting Chairman Seal abstained from voting on this particular item and so we thought that he may or may not want to do that again this evening and so by having it on the regular agenda that gives Commissioner -- or Chairman Seal the opportunity to do so and, then, exactly the issue we talked about a moment ago, we were mindful that we would have likely one or more Commissioners present tonight that were not present on September 1st and so to the extent any of those Commissioners wanted to vote on this item, we just wanted to make sure that the record showed that that Commissioner had reviewed the minutes and was prepared to vote. At that -- that point is academic at this time, because the only Commissioner that fits that description is Commissioner Grace and he's indicated he does intend to abstain. So, really, my recommendation for the -- to the board -- or to the Commission tonight would be -- I would ask for a motion to approve the findings as presented and I would just ask for a simple yes or no vote on that. Meridian Planning&Zoning Commission September 15,2022 Page 5 of 21 Seal: Okay. Thank you much. And with that we will -- just a vote? I was going to say that -- what's that? Right. And so we need a motion to approve the Findings of Facts for the denial of the Bridgetower Multi-family CUP, H-2022-0047. And, Madam Clerk, do you want to call the roll for this one? Starman: Oh, before we do that -- maybe I missed it. Did we -- did we have a motion? Seal: Oh. Sorry. We do not have a motion. Grace: Well, I had a question. Seal: Go ahead. Grace: I apologize for all the questions. And maybe it's to -- to you, Kurt. Am I voting just simply to approve the adoption of them? I'm not voting substantively on the -- the -- the merits of the proposal that was two weeks ago; right? Or should I abstain is what my question is. Starman: Thank you. Mr. Chairman, Commissioner Grace, I think it's the latter in the sense that this really is -- to actually read the full title of the item before the -- before the Commission, this is Findings of Fact, which came from the hearing last time, Conclusions of Law, but also importantly Order and Decision. So, this is a substantive topic and I would say it's more than just sort of saying, yeah, you are voting yes for the sake of voting yes. So, I -- I would say if you had not read the minutes from -- have not read the minutes from the September 1st meeting, I would recommend that you do abstain, because it is substantive in the sense that it -- this is the Commission's final decision and it becomes subject to appeal after you take action this evening. Grace: Thank you. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: I motion the Facts and Findings, Conclusions of Law for denial for Bridgetower Multi-family, H-2022-0047 -- Starman: That's sufficient. Lorcher: I already said it again. So, denial for multi-family 2022-0047. Sorry. Stoddard: Second. Seal: It has been moved and seconded -- this is confusing. It's been moved and seconded to accept the Findings of Facts for the denial of the Bridgetower Multi-family CUP, H-2022-0047. Meridian Planning&Zoning Commission September 15,2022 Page 6 of 21 Starman: Correct. And I think -- Mr. Chairman, I think you had an excellent idea of a minute ago, which is because we may have some abstentions I think a roll call vote would be helpful in this instance. Seal: Madam Chair? Roll call: Lorcher, yea; Seal, abstain; Grace, abstain; Stoddard, yea; Yearsley, absent; Wheeler, absent. Seal: So, the vote of two to zero, with two abstentions, that passes through. Starman: Correct. That's sufficient to pass the motion. Thank you, Commissioners. Seal: Thank you. MOTION CARRIED: TWO AYES. TWO ABSTAIN. TWO ABSENT. 3. Public Hearing for Cobalt Point Apartments (H-2022-0042) by The Land Group, Located at on Parcel R7909850396, directly east of the intersection of S. Cobalt Point Way and E. Copper Point Dr. in the Silverstone Business Park A. Request: Conditional Use Permit for a new 264 unit multi-family development on approximately 11.95 acres of land in the C-G zoning district. Seal: All right. Now, then -- so, at this time I would like to open the public hearing for Item No. H-2022-0042, Cobalt -- Cobalt Point Apartments for continuance to October 20th, 2022. Can I get a motion? Lorcher: So moved. Stoddard: Second. Seal: It has been moved and seconded to continue File No. H-2022-0042 for Cobalt Point Apartments to October 20th, 2022. All in favor say aye. No opposed, so motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. 4. Public Hearing for Slatestone Subdivision (H-2022-0039) by T-O Engineers, Located at 2707 S. Stoddard Rd. A. Request: Annexation and Zoning of 5.04 acres of land with a request for the R-8 zoning district. Meridian Planning&Zoning Commission September 15,2022 Page 7 of 21 B. Request: Preliminary Plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district Seal: I will now open up file number H-2022-0039, Slatestone Subdivision, for a continuance to October 6. Can I get a motion? Stoddard: So moved. Grace: Second. Seal: It's been moved and seconded to continue File No. H-2022-0039, Slatestone Subdivision, to October 6, 2022. All in favor say aye. No opposed, motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. 5. Public Hearing for Kingstown Subdivision (H-2022-0045) by Kimley Horn, Located at 2620 E. Jasmine St. A. Request: Annexation of 8.20 acres of land with an R-8 zoning district. B. Request: Preliminary Plat consisting of 28 building lots and 6 common lots on 8.20 acres of land in the R-8 zoning district. Seal: Now, I will need a motion for File No. H-2022-0045 to continue -- or for Kingstown Subdivision for a continuance to October 20th. Stoddard: So moved. Grace: Second. Seal: It's been moved and seconded to continue file H-2022-0045 for Kingstown Subdivision to October 20th, 2022. All in favor say aye. No opposed. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. 6. Public Hearing for Brightstar Overland (H-2022-0061) by Hatch Design Architecture, located at 2940 E. Overland Rd. A. Request: Conditional Use Permit for a residential care facility on 0.59 acres of land in the C-G zoning district. Seal: All right. Now, that we are done with the auctioneer voice, I would like to open File Number H-2022-0061, for Brightstar Overland and we will begin with the staff report. Meridian Planning&Zoning Commission September 15,2022 Page 8 of 21 Parsons: Mr. Chair, we are still having -- we are having some technical difficulties getting this up, so I'm asking -- Chris, if you are out there if you could come in the Council Chambers. Appreciate it. Seal: Thank you, Chris. Parsons: Get IT here. Seal: That's right. Playing the role of our IT person tonight will be Chris. Parsons: Thank you, Mr. Chair, Members of the Commission. Appreciate the patience this evening. Same thing happened to us last hearing if I don't -- if I recall -- if memory serves me right. So, next item on the agenda is the Brightstar Overland CUP. This site consists of 0.59 acres of land currently zoned C-G in the city and is located at 2940 East Overland Road. So, this is a vacant commercial lot in the El Dorado Subdivision. In 2005 this property was annexed and zoned as part of that El Dorado Subdivision. It is adjacent to an existing commercial lot that's also C-G and developed with a multi-tenant building. Cross-access has been provided for -- from that property to this property as part of that subdivision process. I would mention to the Commission that a DA modification was recently approved by the City Council on this particular property to allow the allowed use -- the proposed use tonight. That agreement has not been executed yet, so as part of this development -- or this project tonight we have placed a condition of approval that the applicant execute and record that development agreement prior to submitting any additional applications for this particular project. So, the applicant here -- is here tonight to discuss developing the site with a 7,800 square foot 12 bed residential care facility. It will also have dining, entertainment and laundry and storage for the residents of the facility and there is also indoor and you can see here there is an outdoor patio area for all the residents to use as well. Compliance with the specific use standards in Chapter 4 is required. I think Sonya did a great job of doing some of that analysis. So, this site does comply with those requirements. This type of facility does require a little less parking than you see with other commercial developments, so the code only requires six parking spaces. The site plan before you this evening has eight. So, this is two above what the minimum code requirements are. The other thing that we brought to your attention in the staff report is the landscape buffer along the northern boundary. Typically when we have commercial zoning up against residential developments we require a 25 foot landscape buffer. That issue was somewhat discussed in the development agreement and the PUD that this process -- this project went through back in 2005. So, essentially, staff has looked at both of those documents and determined that alternative compliance will be required when they submit their certificate of zoning compliance if and when the CUP gets approved tonight. The applicant did provide some conceptual elevations. These are pretty similar to what you guys acted on in north Meridian there adjacent from Settlers Park and that little office development. Same -- same applicant, same structure, so it's -- it's been done once before. They are looking for these little in-fill sites, as they testified last time, and -- and this seems to be a good fit. Staff is recommending approval. We did get agreement from the applicant with the conditions in the staff report. We are recommending approval and I will stand for any questions you may have. Meridian Planning&Zoning Commission September 15,2022 Page 9 of 21 Seal: All right. Thanks, Bill, very much. Would the applicant like to come forward. Good evening. If you will just state your name and address for the record and the floor is yours. Hatch: Jeff Hatch with Hatch Design Architecture. Our address is 200 West 36th Street, Boise, Idaho. 83714. Good evening, Chairman Seal and Commissioners. Thank you for your consideration of our conditional use application this evening. Parsons: You should be able to drive. Hatch: It's not showing up here. Parsons: Interesting. Share it in just a second. Hatch: Thank you. The subject property is on the northeast corner of Loder and Overland in a business complex and what we found with some of these assisted living centers -- we are really trying to develop a different product that is more residential in nature, but it is tucked into business complexes we found -- we call it a resi-mercial but in many of these built-out business complexes they tend to have parking constraints, so we tend to work with them for overparking our sites, which is complementary to our fellow commercial neighbors and, then, create a buffer between the commercial use and the residential uses adjacent to us and that would be the case in this particular instance. From the staff report there were a couple items that Sonya came up with that I wanted to speak to that have a slightly updated site plan and landscaping plan. First was there was a comment to extend a sidewalk southward to Overland and that is reflected on our exhibits, which we will provide to staff and that will get reviewed more formally through the CZC and design review process subject to your consideration of the conditional use permit. There is also the consideration that Sonya wanted us to clarify that this property is not hard up against Loder. That was some of the concerns for her for some of the adjacent neighbors. There is an HOA landscape buffer that is fairly substantial, which is now reflected on the landscaping plan and with that there were several street trees that were originally required, but they were actually placed in a ten foot utility easement and so to resolve that we did have to remove the trees from the utility easement, but the existing HOA street trees suffice for that and so we did reflect that in order to be in compliance. As far as the development agreement and the consideration of -- of being less than 25 feet on the northern side, we do have an increased alternative design in this proposed layout for that landscaping as well. So, in particular, speaking to those two comments as far as the utilities, we removed the trees from that utility easement and, then, are utilizing the -- the existing HOA trees and, then, as far as the alternative compliance, we currently have 19 shrubs and four flowering ornamental trees along the northern side. To increase that for an alternative compliance we are proposing an additional 44 evergreens for the total and an additional five ornamental trees, bringing the total to nine. So, basically, doubling and in -- in the case of shrubs tripling the amount of plantings on that northern buffer. The updated site plan also reflects the same courtyard configuration as the landscaping plan for consistency and reflects the consideration for the sidewalk to the south. The additional comments from Sonya was about trash enclosure and in many of these developments the trash enclosure is brought curbside. Meridian Planning&Zoning Commission September 15,2022 Page 10 of 21 We have followed up with Republic storage and they are fine with that, although they did request that we reach out to the adjacent neighbor, who has an existing trash enclosure and see if we can negotiate a shared access for increased usage of that trash enclosure. So, we have engaged that as well, but we do have a solution if that is not an option, so -- and with that I will stand for any questions. Seal: Thank you very much, Jeff. Do we have questions from the Commissions of staff or the applicant? None? All right thank you very much. Appreciate it. See if -- Madam Clerk, do you have anybody signed up? Hall: Mr. Chair, there is no one signed up in Chambers, nor online. Seal: All right. Anybody -- there is nobody online. Anybody in Chambers that would like to testify? Seeing none, would the applicant like to add anything? Hatch: Thank you again for your consideration. I would just like to thank Sonya and her diligence and consideration for making a development that -- you know, a lot of these remnant parcels in business complexes can go for years, if not decades without a appropriate use. We feel that this is a need in our community that also fits a need for these public spaces. So, really -- really excited about this project. Thank you. Seal: Thank you very much. Okay. With that can I get a motion to close the public hearing on File No. H-2022-0061? Grace: So moved. Stoddard: Second. Seal: It's been moved and seconded and close the public hearing for File No. H-2022- 0061. All in favor please say aye. No opposed. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: With that we can have discussion or a motion. Either way. Commissioner Grace? Grace: Make a motion. Seal: Go right ahead. Grace: Mr. Chairman, I would move -- after considering all staff, applicant, and public testimony to approve file number H-2022-0061 as presented in the staff report for the hearing date of September 5th, 2022. Lorcher: Second. Meridian Planning&Zoning Commission September 15,2022 Page 11 of 21 Seal: Okay. It's been moved and seconded to approve File No. H-2022-0061 as presented in the staff report. All those in favor, please, say aye. None opposed. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. 7. Public Hearing for Matador Estates Subdivision (H-2022-0043) by Quantum LTD, Inc., located at 1235 E. McMillan Rd. A. Request: Annexation of 5.09 acres of land with an R-4 zoning district. B. Request: Preliminary Plat consisting of 14 building lots and 2 common lots on 4.84 acres of land in the R-4 zoning district. Seal: Okay. At this time I would like to open File No. H-2022-0043 for Matador Estates Subdivision and we will begin with the -- with the staff report as well. Parsons: Thank you, Mr. Chair, Members of the Commission. Next item on the agenda is the Matador Estates Subdivision. The request before you this evening is for annexation and a preliminary plat approval. The site consists of 4.84 acres of land currently zoned RUT in Ada county and it's located at 1235 East McMillan Road. The Comprehensive Plan land use designation for this property that you can see here in the center map is low density residential with -- in which we anticipate densities between -- not between -- three or less dwelling units to the acre in that land use designation. The plat before you this evening comes in at 2.89 dwelling units to the acre, which is consistent with this future land use map. Also wanted to let you know that I had a chance to speak with the applicant and he did confirm tonight that it is a subdivision of 14 lots. So, one of the homes will stay on -- one of the lots with 13 new residences for a total of 14. So, I just wanted to go on the record and clarify that based on some of the discrepancies in the plans. So, again, here is the pre-plat. So, annexation boundary is a little bit larger, because it goes to the center line of McMillan, but the plat itself is 4.84 acres. Applicant is requesting an R-4 zoning district, which is an 8,000 square foot lot. You can see here in the upper left-hand corner the existing home is to remain with the 13 other lots surrounding it. Open space is pretty minimal for this development. Technically, if it was five acres or more we would look at requiring the full 12 percent. This -- in this particular case it's close and because there is an annexation request staff felt it appropriate to require the 12 percent and the main reason for that is we are concerned that there is additional five acre lots in this area and if we just continue to piecemeal the five acre -- the lots that come in a little bit under that five acres development standard you don't get usable open space in these in-fill pieces. So, again, in tonight's presentation we are recommending that the applicant provide 12 percent open space and provide some amenities in accordance with 11-3-G3. We have met with the applicant. If you could look at the landscape plan here, the open space will be in the form of the street landscape buffer, a micro path lot that ties into that street buffer and ties into the internal street system and, then, there is also a 7,200 square foot open space lot that will have a sitting area. Staff has recommended a covered picnic area to go in that area as well to enhance that amenity package for this development. Meridian Planning&Zoning Commission September 15,2022 Page 12 of 21 You can see here there is an existing stub street along the -- the west boundary of the site that will be extended as part of the development and also stubbed to the east for future connectivity and, then, a cul-de-sac that serves some of the other lots farther to the north. So, as you see the plat tonight there is one lot that doesn't meet the lot frontage requirements of the R-4 district. The applicant's been required to comply with that of 30 feet and as we go through that final plat process they will have to meet those street frontage requirements at 30 feet for this particular lot here in the upper right-hand corner. The applicant did provide sample elevations for you this evening. You can see a mix of building materials consistent to what is currently developing in the area. I would also mention to you that a lot of this area is developed with single family homes. So, again, this is compatible with the surrounding land uses in the area. The applicant did submit written testimony in agreement with the staff report and all conditions and, then, if you had a chance to look at the public record we did receive some testimony from a Neil Wilson, who lives along the southern boundary of this particular property. He had noted that he had put in some substantial solar investment on his property and wanted to make sure that this was actually a single family development and the homes would be single to two-story homes, which as you can see here in the elevations tonight there are single story and two-story homes proposed for this development. Again, staff is recommending approval with a development agreement and with that I will conclude my presentation stand for any questions you may have. Seal: Great. Thank you, Bill. Would the applicant like to come forward, please? Good evening, sir. Just need your name and address for the record and the floor is yours. Camberlango: Marty Camberlango. 1110 North Five Mile, Road, Boise. 83713. And Mr. Parsons did an excellent job of presenting the project. It's not complicated. It's just a small really 13 lot -- homes to be built on 13 lots. So, I don't want to belabor the -- the fact that it's a pretty simple plat. We have four point -- 4.84 of an acre here, which comply -- and we -- the number of lots comply with the R-4 zoning and so do the size of the lots and size of the structures that will go in there, the new homes. I really would just refer the Commission to ask any questions that you might have. Seal: All right. Commissioners, do we have any questions for the applicant or staff? Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: So, as I'm looking at this how do these 14 homes access this subdivision? Are they coming directly off of McMillan or are they coming -- Camberlango: Can you see that little street called Territory? Lorcher: Yes. Meridian Planning&Zoning Commission September 15,2022 Page 13 of 21 Camberlango: That is a stub street from the Silver Spring Subdivision. That will -- that stubs into it and that is the way the traffic will go is out Territory, down into Silver Springs and out to McMillan. The current access off of McMillan to the existing home will be deleted, because the existing home will be required to exit out on that cul-de-sac that you can see there. In addition to the fact that the home that's staying will also be required to hook into city sewer and water. Lorcher: So, the lot -- the parcel to the east of you is a current homeowner and that's for future development; correct? But you have subdivisions to the west of you and that's where the cul-de-sac and Territory would access; correct? Camberlango: Yeah. The Silver Spring Subdivision is west and there is another five acre lot east that it will -- our street will stub into that for connectivity in the future. Yeah. Lorcher: Okay. Thank you. Seal: Commissioner Grace, go ahead. Lorcher: Mr. Chairman. Marty, does the subdivision to the west-- is that-- does that lead out to McMillan? Camberlango: Yes. Uh-huh. That's a Todd Campbell project there. It does go out to McMillan. Grace: Okay. Camberlango: ACHD, as you well know, they don't want -- they want to eliminate as many accesses to an arterial street as possible, so they have routed this through this existing subdivision. They are actually thrilled that you have to delete a driveway that's going out to McMillan, so they like it. Seal: Commissioner Lorcher, go ahead. Lorcher: Is there a light at that particular -- Camberlango: No, there is no light there. Lorcher: So, if I want to go east I just turn right, but if I want to go west there is a center divider I take it? I don't -- I don't live over there, so I'm -- Camberlango: No, I don't believe there is a center divider there, but about a block west is the light that goes into Saguaro Canyon -- Lorcher: Okay. Meridian Planning&Zoning Commission September 15,2022 Page 14 of 21 Camberlango: -- and over into Copperfield think they call it. So, right there where -- once the traffic light goes red, then, they will have a chance to pull out and go left or go west. Yeah. Lorcher: Okay. Thank you. Camberlango: Uh-huh. Seal: Any further questions? All right. Thank you very much, sir. Camberlango: Thank you. Seal: Madam Clerk, do we have anybody signed up to testify? Hall: There is no one signed up online, but we do have an Aaron Davis signed up in house. Aaron Davis? That is it. Seal: That is it. If anybody else in Chambers would like to testify -- sir, come on up. Good evening. Please give us your name and address for the record and speak right into the microphone and the floor is all yours. Spiewak: Randy Spiewak. 1458 East Loyalty Street, Meridian. I saw this on the agenda and I thought I might just mention something you all may want to have the applicant respond to. I'm the volunteer ditch manager for the Parkins-Nourse North No. 14 irrigation lateral that feeds all the way from Eagle Road at the Community Church by Lowe's all the way down through the next square mile across Locust Grove, splits and covers all of those properties, including Silver Springs, on McMillan and the other direction Heritage Commons and a couple other smaller subdivisions. The problem they are going to be facing -- and it will come later-- is that that currently is now a landscape company of some kind and they have plants on it and they do field flooding one day every 12. That's the only access they get to water. It was all field flooding for years when that was farmland or small ranches. When you put a subdivision in homeowners aren't going to be happy about only having water one day every 12. So, whether they store water or whether they work out some arrangement with Silver Springs, who has faced that and they store a lot of water on the days that it is part of their 12. They may want to address this. Otherwise they are using potable city water for irrigating grass and plants in a residential subdivision that Public Works usually isn't pretty happy about. So, on the corner opposite -- in fact, a number of those parcels have -- have been converted to residential and we have worked out the process, but I have had no response from that developer or no -- no contact by that developer as to how we would deal with that and as the -- the irrigation lateral manager I haven't been asked to sign off by anything -- by anyone from the city to make sure that that does comply with the easements and the requirements that far predate any use of that property -- go back to 1800s. So, questions? Seal: Yeah. Can you -- do you have any detail on how the other subdivisions do store water? Meridian Planning&Zoning Commission September 15,2022 Page 15 of 21 Spiewak: Silver Springs, which is comprised of I think four five acre parcels, less a little bit on the corner on the west -- northwest corner that was a large residential property and they are -- they are receiving pressurized water from Silver Springs, but as that gravity fed 24 inch pipe from the Parkins-Nourse at the south edge of that parcel and all the other five acre parcels along there, as it flows by gravity it's manually blocked off with a weir gate and, then, it flooded their property. Well, what Silver Springs had to do with the four five acre parcels is they had to find a way to store water and they didn't want to lose a lot of lots in making a big pond of some kind. My suggestion to them -- and their engineers agreed -- was to do an underground lateral storage -- not vertical, but horizontal. Taking a -- I think they ended up using a 24 inch or 36 inch concrete pipe and as that line came down from east to west and made that north turn down their property, that became underground storage of water laterally -- or horizontally rather than vertically and so far it's worked. They are at the end of that branch of the lateral, so they are storing every bit of water that people upstream from them don't use. They store it and when that pipe gets full it overflows under McMillan into the north slough. This property butts up against that. I believe. If I'm looking at it correctly. They may want to contact Silver Springs and see if they can get access to pressurized water, give their day of -- of -- of field flooding to Silver Springs and let Silver Springs give them seven by 24 access. That's what we have been doing with other parcels is getting these HOAs to work together. There will eventually be an HOA for these 12, 14 homes, so no reason not to do that. I'm doing another one right now with Caldera Canyon that was built two years ago and nobody thought about irrigation water. So, we are getting that fixed as we speak. Seal: Okay. Spiewak: It can be done. Seal: Is there an easement -- Spiewak: Oh, yeah. Seal: -- where this is at? Spiewak: It goes back dozens and dozens of years. Seal: Okay. Well, I mean is there an easement where the underground water storage is within the subdivision? Spiewak: No. Just where the pipe runs. Seal: Okay. Spiewak: They would -- they would have their own storage where ever they would plan for putting it. It could run under homes. It could do whatever they want. It's only the -- the pipe that runs to the east-west at the south end of their property that would be protected from -- you can sell the property, you just can't build over it. Meridian Planning&Zoning Commission September 15,2022 Page 16 of 21 Seal: Interesting. Okay. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: Based on this picture that you see up here -- so, where is your easement in regard to that? So, the bottom street is Territory and, then, you have got the four homes at the bottom and, then, they got the cul-de-sac going to the top and, then, McMillan is at the top. Where is -- Spiewak: It would be right through their park. Lorcher: Go through that little park right there? Spiewak: And the one house at the -- it's -- oh, no. It would be across the bottom of those five houses -- five lots at the -- the five houses at the bottom that our-- our line goes right through their backyards. Seal: Okay. Spiewak: So, you can have a backyard over it, you just can't have a house, you can't have a pool, you can't have concrete, because if the pipe breaks or there is a problem, the homeowner has got to tear down whatever is there and they have to fix it and, then, put it back. It's the property owner who is held responsible in Idaho for maintaining the irrigation, not the irrigation lateral association. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: So, currently where those four houses are at the bottom of Territory, you are saying that's where the lateral is. Is it open right now? Spiewak: Is it underground pipe. Lorcher: It is underground pipe. Spiewak: Yeah. I think it's a -- that one I believe is -- is 24 inch. Lorcher: Okay. Spiewak: It could be 12, but I think it's -- Lorcher: And you are suggesting to kind of stub it going north just to hold the water, so that they -- the houses can tap in for pressurized irrigation as it's stored. Meridian Planning&Zoning Commission September 15,2022 Page 17 of 21 Spiewak: Or they could have a parallel storage lateral pipe still running through those backyards if they wish or they could go perpendicular to it, where ever their pump station is, if they don't work out a -- a joint arrangement with Silver Springs on -- on one side. We know there is only two five acre parcels left that are still commercial and I have been waiting to see what happens. I just happened to notice it on the agenda. Seal: Interesting. Lorcher: One more question, Mr. Chair. Seal: Absolutely. Lorcher: So, the existing parcel that's already at the top that's the big one, number one, how do they get their water? Top left-hand corner. Right there. Do they have septic and -- Spiewak: They would have to put a pressurized irrigation system in. Normally a four or six inch pressurized pipe. It would go from their pump to each of the homes and to the common areas. Lorcher: Right. But what I'm saying is that that's the existing homestead that's there on the five acre parcel that's current. So, he has his own -- he has his own access to pressurized irrigation I would assume already; correct? Spiewak: It's -- he has -- he floods the back part of that property, I believe, where he has trees that he is a -- a tree farm of some kind or something in there. How he gets water up to the front -- I don't know if he has storage or may have an old well from many, many years ago. Some of those farmers did. Lorcher: Okay. Thank you. Seal: Commissioners, anymore questions? All right. Thank you very much. I appreciate that. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: Question for staff. So, has -- has this come up in the application process as far as talking with the lateral and the ditch diggers -- or the ditch managers? Parsons: Mr. Chairman, Members of the Commission, it's -- there is so many different ditch riders out there that we can't capture all of them. So, I'm -- I do appreciate this gentleman being here, because they actually get their water from a larger irrigation district, like a Settlers or Nampa-Meridian, and so that's who we transmit our information to and get feedback on these types of situations. What I can tell you is our code requires Meridian Planning&Zoning Commission September 15,2022 Page 18 of 21 a pressurized irrigation system as part of the development. So, the fact that this gentleman's here sharing his requirements with us, the applicant's aware of it, now they can go -- go to the drawing board, come up with a solution. A lot of times in these particular situations if it is problematic to deliver water, they will build a pond on site to store that water, as this gentleman mentioned, or they may connect into an existing system and have to work out those details with the developer to make sure everyone's getting water. But we will certainly have that figured out prior to them getting any sign-off or developing anything on this -- this site. It's -- it's a requirement as part of their construction drawings. Seal: Okay. Good? Lorcher: I'm good. Seal: Okay. Thank you very much. Commissioner Grace, go right ahead. See you reaching for the -- Grace: I don't have a question for staff or the applicant, but a question for our deliberations maybe. I mean what was just described something, then, that we would leave as conditional or can we -- or should we not proceed with it at this time? Seal: I'm not sure that we can condition anything, because as Bill said, it is a requirement to have pressurized irrigation. So, it is -- it is their -- it is a requirement of the applicant in order to provide that. So, they will have to comply with that. Grace: Okay. And as we sit today it's not complied with; right? Seal: It is to be determined at this point. I -- it will have to be complied with in order for them to put a shovel in the ground, as it -- is one way to put it. So, before it passes through City Council it will have to be complied with. Parsons: Well, that's -- yeah. Mr. Chair, Members of the -- that's -- that's part of the development review process. So, annexation plat comes in, this is just a pre-plat. The next step is they do a final plat, which has a lot of those details figured out with engineered drawings. So, you don't get to that level at -- with a pre-plat stage. It usually happens later on down the road. So, right now they are requesting to annex -- this is a pretty common topic discussion for subdivisions. We get this all the time with people asking -- making sure that they have adequate water and there are subdivisions in Meridian where they just don't have adequate water-- surface water rights and they had to use city water. But in this particular case I think there is a -- a workable solution here, as long as there is communication happening. Grace: Okay. Thank you. Meridian Planning&Zoning Commission September 15,2022 Page 19 of 21 Seal: Any further questions? All right. Would the applicant like to come back up? Go ahead and give us your closing remarks and you just need to give us your name and address again, please. Camberlango: Maybe just address that irrigation a little bit. Appreciate the -- Seal: Do you want to give us your name and address one more time, please? Camberlango: Oh, address again -- name and address? Seal: Yes, sir. Thank you. Camberlango: Marty Camberlango. 1110 North Five Mile Road. And on your staff report under Public Works number 2.4 addresses that the City of Meridian requires that pressurized irrigation systems be supplied by year around surface -- basically irrigation water. Now, this piece of property is owned by Diamond Lawns. They are a landscape company and they have a lot of water and we have had some conversations with Silver Springs about tapping into their system or recently I did a subdivision in Boise where we couldn't work anything out with the homeowners association, so we retained our own water. We don't like to do a pond, because they are ugly. So, we -- we build kind of a little concrete structure below ground, kind of like a seepage bed, so you can't see it. There is a pump on it and it fills up and when it fills up it shuts off and, then, people can draw upon that for their pressurized water. And sometimes if there is not enough water -- if there seems like there is not enough water, we will put people on a schedule, like they might have Monday, Wednesday, Friday from 3:00 o'clock to 6:00 o'clock or whatever and this subject always comes up and we -- we can resolve it. It's like Bill said, there are solutions for these things and we just -- we don't -- at the preliminary plat stage we don't engineer everything, because if for some reason we are turned down by the city, we don't want to have to pay all those engineering fees for something that has to be engineered, but isn't engineered yet, but we will be working on that. And I think that's all I have to say. Seal: Okay. Camberlango: Thank you. Seal: Commissioners, do we have any questions for the applicant? If not, thank you very much, sir. Appreciate that. And I will take a motion to close the public hearing for File No. H-2022-0043, Matador Estates. Lorcher: So moved. Stoddard: Second. Seal: It's been moved and seconded to close File No. H-2022-0043. All in favor please say aye. None opposed. Motion carries. Meridian Planning&Zoning Commission September 15,2022 Page 20 of 21 MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: Any discussion? Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go right ahead. Lorcher: I have been on record to deny applications on McMillan Road because of traffic, but because this is not a new access to McMillan Road, they are actually going to be moved around the existing subdivision and if each parcel has two cars, you are looking at 28 cars moving, you know, maybe 20 or 30 times a day or less. I think that the way the street is managed at that point at McMillan, especially going through the subdivision, should be able to handle this particular subdivision. So, I would be in support of this parcel. Seal: Okay. Anything else? Commissioner Grace, go ahead. Grace: Mr. Chairman, I --that was the first thing that came to my mind, too, was the traffic and that's why I followed up with Commissioner Lorcher's question about access. It's still a concern, but I -- I think ultimately I'm -- I'm able to approve as well. Seal: Okay. Yeah. And I will -- I mean that's -- McMillan is ugly, so it's been talked about a lot. We have had some applications come in where we have recommended denial or denied applications coming through because of the traffic on it, so considering this is -- I mean this main stretch of this is on a cul-de-sac, I saw the elevations in there with, you know, possible RV parking garages and things like that, a little tight to squeeze them in there, but, you know, I think if this is a product out there that the applicant thinks will sell, then, I think they will figure all that out, so -- Grace: Do we know the future of McMillan Road? Seal: McMillan Road is set to develop in 2031 through 2036, 1 believe, or 2035. I'm fairly certain of that. Bill is shaking his head, so I must be right. Parsons: Mr. Chair, Members of the Commission, I don't have the exact date for you, but as you know, anything heading west from Locust Grove is going to be a constrained corridor because of the -- the ditches and the -- and the Idaho Power poles. So, it's a three lane road. So, it's two lane with a center turn lane from -- from that point on, so -- Seal: But the good news is we have plenty of water and power. Lorcher: Chairman Seal, I actually wrote it down. Seal: Go ahead. Meridian Planning&Zoning Commission September 15,2022 Page 21 of 21 I i Lorcher Locust Grove, ACHD, 2036 to 2040 and McMillan 2031 to 2035. So, you are spot on. Seal: I do have a memory. That's good. Okay. With that anymore discussion or I will take a motion if anybody wants to throw one my way. Lorcher: Commissioner Seal? Seal: Commissioner Lorcher, go right ahead. Lorcher: After considering all staff, applicant, and public testimony, I moved to recommend approval to City Council to File No. H-2022-0043 as presented in the staff report for the hearing date of September 15th, 2022, with no modifications. Grace: I will second. Seal: Okay. It's been moved and seconded to approve File No. H-2022-0043, Matador Estates Subdivision, with no modifications. All in favor please say aye. None opposed. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: Thank you very much. And with that I will take one more motion. Lorcher: Commissioner Seal? Seal: Commissioner Lorcher, go right ahead. Lorcher: Motion that we adjourn. Grace: Second. Seal: It's been moved and seconded that we adjourn. All in favor, please, say aye. None opposed. Motion carries. We are adjourned. Thank you very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED l ANDREW SEAL - CHAIRMAN 10-6-2022 By Maria Lorcher, Vice Chairman ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 1, 2022 Planning and Zoning Commission Meeting Meridian Planning&Zoning Commission September 1,2022 Page 53 of 53 MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 9:19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED 9 15 1 2022 ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts for the denial of Bridgetower Multi-Family CUP H-2022- 0047 Not a Public Hearing CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, E FINAL DECISION,DECISION,AND ORDER I D A H O Date of Order: September 15, 2022 Case No.: H-2022-0047 (Bridgetower Multi-family CUP) Applicant: Brad Watson, Alpha Development Group In the Matter of. Request for Conditional Use Permit(CUP) for a multi-family development consisting of 235 units on 16.61 acres of land in the R-15 zoning district. Pursuant to testimony and evidence received regarding this matter at the public hearing before the Meridian Planning and Zoning Commission (the "Commission") on September 1, 2022, as to this matter, the Commission enters the following findings of fact, conclusions of law, final decision, and order. A. Findings of Fact. The Commission finds that: 1. The facts pertaining to the 16.61 acres of land (the "Property"), the Applicant's request, and the process are set forth in the staff report for Case No. H-2022-0047, which is incorporated herein by reference. 2. The Property is located within the City of Meridian and is subject to the Unified Development Code of the City of Meridian(the "UDC"). 3. The Applicant is requesting a CUP for a multi-family development (the "Development") consisting of 235 units. 4. It is estimated that the Development will generate 1,788 vehicle trips per day and 148 vehicle trips per hour in the PM peak hour. 5. The comments and analysis received from the Ada County Highway District ("ACHD") are based, in part, on an average daily traffic count for McMillan Road from January 31, 2018. 6. Based on testimony received, the Commission finds that the average daily traffic count for McMillan Road from January 31, 2018, does not accurately reflect the average daily traffic count for McMillan Road in 2022. 7. Based on testimony received, the Commission finds that, even if the Applicant constructs a westbound right-turn lane on McMillan Road at the intersection of Vicenza Way, McMillan Road is not adequate to serve the Development. B. Conclusions of law. 1. The Commission takes judicial notice of the Local Land Use Planning Act("LLUPA"), codified at Chapter 65, Title 67, Idaho Code. FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER Case No.H-2022-0047(Bridgetower Multi-family CUP) Page 1 2. The Commission takes judicial notice of the UDC, all current zoning maps, and the City of Meridian Comprehensive Plan. 3. In order to grant a CUP, the Commission must make certain findings as delineated in UDC section 11-513-6(E), including a finding"[t]hat the proposed use will be served adequately by essential public facilities and services such as . . . streets . . . ."UDC § 11-513-6(E)(5). 4. Because the Commission found that the Development will not be served adequately by McMillan Road, the requirements set forth in UDC section 11-513-6 have not been satisfied, and the CUP shall not be approved. 5. Pursuant to Idaho Code section 67-6503,the City of Meridian has properly exercised the powers conferred by LLUPA. i C. Order. Pursuant to the above findings of fact and conclusions of law, the Commission hereby denies Applicant's request for a CUP for the proposed Development. D. Final decision. This is a final decision of the Commission. E. City Council Review Process. Pursuant to UDC section 11-5A-7, an Applicant may request City Council review of the Commission's final decision. A request for review must be filed in writing within fifteen(15) days after the Commission's final decision. F. Judicial review. Pursuant to Idaho Code section 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code section 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 City Council review as provided by UDC section 11-5A-7, 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. G. Notice of right to regulatory taldngs analysis. Pursuant to Idaho Code sections 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. IT IS SO ORDERED by the Planning and Zoning Commission of the City of Meridian, Idaho, on this 15th day of September, 2022. Maria Lorcher, Vice Chair Attest: 0 1, Deputy City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER Case No.H-2022-0047(Bridgetower Multi-family CUP) Page 2 E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Planning and Zoning Commission Meeting September 15, 2022 Item #6: Brightstar Overland CUP- Conceptual Elevations(not approved) Item #7: Matador Estates Annexation & Preliminary Plat– Preliminary PlatLandscape Plan Conceptual Building Elevation Photos Changes to Agenda: th  Item #3: Cobalt Point Apartments (H-2022-0042) – Applicant requests continuance to October 20 as they were unable to attend the hearing tonight.  Item #4: Slatestone Subdivision (H-2022-0039) – Applicant requests continuance due to the site not being posted with a public th hearing notice as required – Staff recommends October 6. ndth  Item #5: Kingstown Subdivision – Applicant requests a 2 continuance to October 20 in order to continue working on the site plan to address Staff’s comments. Item #6: Brightstar Overland (H-2022-0061) Application(s): Conditional Use Permit Size of property, existing zoning, and location: This site consists of 0.59 acre of land, zoned C-G, located at the NEC of Overland & Loder Pl. at 2940 E. Overland Rd. History: This property was annexed in 2005 as part of Dorado Subdivision & is governed by a DA – the most recent amendment to the DA to allow the proposed use has not yet been recorded. Comprehensive Plan FLUM Designation: MU-R Summary of Request: A CUP is requested for a 7,800 s.f. residential care facility on 0.59 acre of land in the C-G zoning district. The facility will provide care for the elderly and features 12 bedrooms for residents and an office for staff. Dining, entertainment, laundry and storage will be provided on-site for residents. An enclosed courtyard is proposed internally and a covered patio is proposed at the entry. Compliance with the specific use standards for nursing/residential care facilities noted in the staff report is required. Access is proposed from the east via an existing driveway on the adjacent property from E. Overland Rd.; a cross-access easement exists between all lots in the subdivision. Off-street parking is proposed in excess of UDC standards; a minimum of 6 spaces are required, a total of 8 spaces are proposed. Bicycle parking is also proposed in excess of the minimum standards. A reduced buffer width along the northern property boundary to the residential use was tentatively approved with the DA and previous PUD approval; an application for Alternative Compliance should be submitted with the CZC/DR application for the request. Conceptual building elevations were submitted for the proposed structures as shown. Building materials consist mainly of stucco with cultured stone veneer accents and vinyl railing with decorative arches and wagon wheel trim with asphalt roof shingles. The proposed elevations are not approved; the final building design is required to comply with the design standards in the Architectural Standards Manual. Written Testimony: Steve Thiessen, Hatch Design Architecture – In agreement w/staff report Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0061, as presented in the staff report for the hearing date of September 15, 2022, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0061, as presented during the hearing on September 15, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0061 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #7: Matador Estates (H-2022-0043) Application(s): Annexation & Zoning and Preliminary Plat Size of property, existing zoning, and location: This site consists of 4.84 acres of land, zoned RUT in Ada County, located at 1235 E. McMillan Rd. History: This property was previously platted as Lot 5, Crestwood Sub. #1 and a PBA was tentatively approved in the County to shift the eastern property line to the east an additional 5’. (The PBA needs to be finalized prior to Council approval of the AZ.) Comprehensive Plan FLUM Designation: LDR Summary of Request: The applicant requests annexation of 5.09 acres of land with an R-4 (Medium Low-Density Residential) zoning district and a preliminary plat consisting of 14 building lots (for 1 existing home that is proposed to remain & 13 new SFR detached homes) and two (2) common lots on 4.84 acres of land. The proposed gross density of the subdivision is 2.89 units/acre, which is consistent with the desired density in the LDR FLUM designation. This property, along with the property to the east, is an enclave surrounded by existing & future SFR detached homes to the north, south & west. Development of infill properties is supported by the Comp Plan provided it doesn’t negatively impact the abutting, existing development. Because like uses (i.e. SFR detached residential) are proposed on similar size lots, the proposed development should be compatible with adjacent uses and shouldn’t have a negative impact. Access for the subdivision is proposed from the extension of the stub street at the west property boundary; the existing access via McMillan is required to be removed and the existing home is required to take access internally from within the subdivision and be re- addressed. A stub street is proposed to the east for future extension and interconnectivity. A 25’ wide landscaped street buffer is required along McMillan Rd. A 2.5’ tall rock wall is proposed at the back edge of the street buffer along McMillan Rd. and a berm is proposed within the buffer – fencing is not proposed. A micro-path connection is proposed to the sidewalk along McMillan Rd. for pedestrian access from within the subdivision. Typically, developments of less than 5 acres in size are not required to comply with UDC standards for common open space & site amenities. However, because this is an annexation request and the site is just under 5 acres at 4.84 acres, Staff recommends the Applicant provide a minimum of 12% (or 0.58 acre) qualified common open space & site amenity consisting of a minimum of one (1) point. The reason for Staff’s recommendation is because when a County subdivision such as this redevelops and the lots are just under 5 acres in size, a series of new subdivisions could develop without adequate open space overall. The plans currently depict 0.49 acre of qualified common open space consisting of a 7,080 s.f. common area lot, linear open space with a pathway and ½ of the street buffer along McMillan Rd. A sitting area with a concrete or paver surface and 2 benches is proposed as an amenity. Staff recommends an additional 0.09-acre of common open space is provided – the Applicant has confirmed the proposed parkways comply w/UDC standards and provide an additional 0.19 acre of open space which meets the requirement; trees & vegetative groundcover should be provided within the parkway in accord with UDC standards. Staff recommends a shade structure and picnic tables are added to the common area to qualify as a picnic area amenity; or the Applicant may choose another qualified amenity. Six (6) conceptual building elevation photos were submitted that demonstrate what future homes in this development will look like. A mix of single-story (with and without bonus rooms) & 2-story homes are proposed with a mix of building materials, including stone veneer accents, and architectural elements. Written Testimony: Marty Camberlango, Applicant – in agreement w/staff report; Neil Wilson Staff Recommendation: Approval w/the requirement of a DA containing the provisions in the staff report. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0043, as presented in the staff report for the hearing date of September 15, 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- 0043, as presented during the hearing on September 15, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0043 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Kingstown Subdivision (H-2022-0045) by Kimley Horn, Located at 2620 E. Jasmine St. Applicant Requests A Continuance A. Request: Annexation of 8.20 acres of land with an R-8 zoning district. B. Request: Preliminary Plat consisting of 28 building lots and 6 common lots on 8.20 acres of land in the R-8 zoning district. STAFF REPORT E IDIAN�-- COMMUNITY DEVELOPMENT DEPARTMENT p HEARING September 15,2022 Legend DATE: Continued om:August 18, and Set � r .f g P • I Pro�c= Laco�or 2022) TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Kingstown H-2022-0045 LOCATION: 2610 E. Jasmine St., generally located in the south 1/2 of Section 32, TAN.,R.IE. (Parcel#R4582530400) I. PROJECT DESCRIPTION Annexation of 8.20 acres of land with an R-8 zoning district; and preliminary plat consisting of 28 building lots and 6 common lots on 8.20 acres of land in the R-8 zoning district for Kingstown Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 8.20 acres Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Single-family residential(SFR)/ag Proposed Land Use(s) SFR Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium Density Residential) Lots(#and type;bldg/common) 28 building/6 common Phasing plan(#of phases) 2 Number of Residential Units(type 28 single-family detached units of units) Density(gross&net) 3.42 units/acre(gross) Open Space(acres,total[%]/ 1.23 acres(or 15%) buffer/qualified) Page 1 Amenities Picnic area in a 5,000+square foot area; and dog waste station Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 4/7/22 History(previous approvals) None B. Community Metrics Description Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action es/no • Existing There are(3)existing stub streets to this property(i.e.N. Conley Ave.,N.Rogue Conditions River Ave.,and E.Jasmine St.) • CIP/IFYWP • Locust Grove Road is scheduled in the IFYWP to be widened to 3-lanes from Ustick Road to McMillan Road. The design year is scheduled in 2025 and the construction date has not been determined. Wainwright Drive is scheduled In the IFYWP for the installation of wayfinding and bikeway signage in 2024. The intersection of Ustick Road and Locust Grove Road is listed in the CIP to be widened to 7-lanes on the north leg,6-lanes on the south,6-lanes east,and 6-lanes on the west leg,and replace/modify the signal between 2026 and 2030. Access(Arterial/Collectors/State Access is proposed via the extension of existing stub streets from adjacent H /Local)(Existin and Proposed) neighborhoods. Proposed Road Improvements None Fire Service See Section IX.C Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Water • Distance to Services Directly adjacent Page 2 1 1 1 IN ^tic= ....... ,,,R NOW „-`^^^^Jffff�i:[ f .-- • may: #illll -PII 1111 '•� �YL -- 4.....'...'�.�.:�r •: i_� �� Mi :I: I[1[ 2 I _#___ ■ ,"I`r'„� . LM'ICCA' .........■ ' ' ____ '2S yy.+• 144I[I '� Yn JP11.��I��: �• -.�•.v%-.. -. r i ■�_s ■ I........N4!!"IIIIII milli [II[I.[Ix .M.V- —II '+�• I::a y, �C�:, °��., [ -[}° ' 111111 •^i: ,,," - =a— ti ■[[N Imp •r:�: 11 Ili a�• - on 11 ��++ri� •.' a.. �•��!pp�M _ - � ��_ � y• '.:_ �.�_- _� � ,yid 'y^!— il ^� _ Sew, � �• _` ..I-_`, _.� i�h .'...��., go Will IF •��, J■11`��!''i;"[.:�.�':;=1;;;::��a .'......_�.:� e:e•�n.�� ,r, TII< +■� a ' -•�-;' � i11 1ji11i11111 III. APPLICANT INFORMATION A. Applicant: Nicolette Womack,Kimley-Horn—950 W. Bannock St., Ste. 1100,Boise, ID 83702 B. Owner: Robert Hilton, High Lakes,LLC PO Box 1436, McCall,ID 83638 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 8/17/2022 Radius notification mailed to property owners within 300 feet 8/11/2022 Public hearing notice sign posted 8/8/2022 on site Nextdoor posting 8/11/2022 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Medium Density Residential(MDR) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The subject property is an enclave surrounded by single-family residential properties on land also designated MDR on the FLUM. The Applicant proposes a 28-lot subdivision for single-family residential detached homes at a gross density of 3.42 units per acre,which is within the desired density range of the MDR designation. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. 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 single-family detached dwellings with a mix of lot sizes will contribute to the variety of housing options in this area and within the City as desired. Single-family detached homes exist to the north, west and south and are also in the development process to the east; multi family apartments exist in close proximity to this site to the southeast. Page 4 • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "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) This area consists primarily of single family detached homes with some multi family apartments to the southeast; only single-family detached homes are proposed within this development. The proposed development offers a variety of lot sizes from 4,000 to 11,730 square feet(sf.) with the existing home on a 22,912 sf. lot. • "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) Although the gross density for the overall development at 3.42 units/acre is within and at the low end of the desired density range in the MDR designation, the lot sizes proposed in the first phase along the north boundary are not compatible in size and provide a poor transition to existing lots. The proposed lots in Phase I are mostly 4,000 square feet(or 0.09 acre), while the abutting existing lots in Zebulon Heights and Champion Park subdivisions are 0.25+ acre in size. The transition from proposed to existing homes along the north boundary range from a 2:1 to a 5:1 transition. A better transition in lot sizes should be provided. No buffering or screening is proposed. The lot sizes proposed along the eastern boundary in Phase II are much larger/wider and range from a 1:1 to 1:4 transition.A better transition in lot sizes should be provided in this area as well. No buffering or screening is proposed. The transition/lot configuration to the south and west is adequate as the lots are turned perpendicular to the existing lots. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed and existing adjacent uses are all single-family residential, which should be generally compatible with each other; however, the lot sizes proposed along the north and east boundaries are not compatible with abutting residential lot sizes and may present conflicts due to not enough transition in lot sizes. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed infill development will likely negatively impact abutting homeowners to the north and future homeowners in this development along the eastern boundary in Phase II as there is not a compatible transition in lot sizes in these areas. Staff recommends the Commission and Council consider testimony from these homeowner's in determining if the proposed development will negatively impact the abutting existing development(see letters of public testimony from neighbors). • "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 with development of the subdivision;services are required to be provided to and though this development in accord with Page 5 current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) A 10 foot wide multi-use pathway connection is required between N. Conley Ave. and N. Rogue River Ave. in accord with the Pathways Master Plan. This pathway will provide a link between Champion Park and Zebulon Heights subdivisions. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, the existing home will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 8.20 acres of land with an R-8 zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 28 single-family residential detached dwelling units at a gross density of 3.42 units per acre(see Sections VIII.B, E). Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. This partially developed property is an enclave surrounded by existing and future single-family residential detached homes to the north(Zebulon Heights), south and west(Champion Park) and those in the development process to the east(Delano). As noted above in Section V, development of infill properties is supported provided it doesn't negatively impact the abutting, existing development. Because of the lack of adequate transition in lot sizes to the north,the proposed development will likely negatively impact abutting property owners.Additionally,the lack of transition in lot sizes along the east boundary will likely negatively impact the future owner of Lot 4, Block 3. Therefore, changes to the development plan are necessary to provide a better transition in lot sizes in these areas.Letters of testimony have been submitted by some of the adjacent existing residents requesting a better transition in lot sizes and density is provided. One option would be to"down-zone"to R-4,which would require minimum lot sizes of 8,000 s.f. instead of 4,000 s.f.,and a minimum street frontage of 60 feet instead of 40 feet,which would be result in larger,wider lots for greater compatibility with existing abutting lots.However,with the amount of right-of-way being provided with the extension of three(3) existing stub streets,the Page 6 retention of the existing home, and the provision of the required common open space,this would bring the gross density of the development below the minimum desired in the MDR designation. Another option would be to stay with the R-8 zoning and reconfigure the lots along the north boundary in Phase I so that wider lots are provided in that area resulting in larger,fewer lots for a better transition; and add lots in Phase II resulting in smaller,narrower lots for a better transition to existing abutting properties—Staff prefers this option as the density should still be consistent with the MDR designation and the zoning would be consistent with that to the south,west and east. Staff recommends the Applicant make these changes to the plat& submit revised plans at least 15 days prior to the City Council hearing.A draft should be submitted to Staff prior to the Commission hearing demonstrating how these changes would affect the overall density and transition to adjacent properties. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 28 building lots and 6 common lots on 8.20 acres of land in the proposed R-8 zoning district. Proposed lots range in size from 4,000 to 57,541 square feet(s.f.) (or 0.09 to 1.32 acres). The proposed gross density of the subdivision is 3.42 units per acre.The subdivision is proposed to develop in two (2)phases as shown in Section VIII.B. Existing Structures/Site Improvements: There is an existing home and several outbuildings on the property that are proposed to remain until development of Phase 2.With development of Phase 2, all of the existing structures will be removed except for the existing home,which will remain on Lot 3,Block 3. Prior to the City Engineer's signature on the second phase final plat, all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed plat appears to comply with the dimensional standards of the district. Access: Access is proposed from the extension of existing local stub streets(i.e.N. Conley Ave.,N. Rogue River Ave. and E.Jasmine St.)from the south,north and east. Landscaping(UDC 11-3B): No street buffers are required per UDC Table 11-2A-6 for internal local streets. Common open space landscaping is proposed as shown on the landscape plan in Section VIII.C. There is a total of 176 existing trees on the site totaling 2,232.5 caliper inches(see existing tree inventory and plan in Section VIII.D). A total of 1,520 caliper inches are proposed to remain with 712.5 caliper inches proposed to be removed. A total of 391 caliper inches are required for mitigation as set forth in UDC 11-3B-IOC.5; a total of 170 is provided,which is 221 less than required. Staff recommends one(1)2-inch caliper tree is provided in the front and back yards of each building lot toward the mitigation requirement,which would leave 109 caliper inches remaining that could be provided in common lots,or Alternative Compliance could be requested to this standard for the remaining mitigation trees (see UDC 11-513-5 for more information). Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; the landscape plan should be revised accordingly. Page 7 Common Open Space& Site Amenities(UDC 11-3G-3): A minimum of 15% (or 1.23 acres based on 8.20 acres) qualified open space is required to be provided in this development per the standards listed in UDC 11-3G-3. An open space exhibit was submitted that depicts 1.23 acres(15%) common open space for the development(see Section VIII.E). Three(3)of the six(6)common open space lots (i.e. Lot 6, Block 2 and Lots 1 &5,Block 3) are open grassy areas of at least 5,000 square feet(s.f.) in area and qualify toward the minimum standards. Lot 1,Block 1 does not qualify; however,if the sidewalk is detached in this lot and an 8-foot wide landscaped parkway is provided,it would qualify per UDC 11-3G- 3B.4. Although Lot 15,Block 1 and Lot 11,Block 2 meet most of the quality standards for open space areas listed in UDC 11-3G-3A,these areas do not demonstrate integration into the development as a priority and appear to be"leftover"areas that aren't developable as building lots and don't meet the qualified open space standards listed in UDC 11-3G-3B.Lot 15,Block 1 could qualify toward the open space requirement if an additional 70 s.f.is added to the lot in accord with UDC 11-3G- 3B.1a.Lot 11,Block 2 could qualify if 715 s.f.is added to the common lot in accord with UDC 11- 3G-3B.1a; or,a community garden could be added to the existing lot in accord with UDC 11-3G- 3B.1; or, a minimum 20' x 20' plaza could be added to the existing lot,including hardscape, seating,lighting in accord with UDC 11-3G-3B.1. The plans should be revised as recommended by Staff to meet the minimum qualified open space standards. Based on the area of the plat, a minimum of one(1)point of site amenity is required per the standards listed in UDC 11-3G-4B. The Applicant proposes amenities consisting of a dog waste station on Lot 15, Block 1 and a picnic area with a shelter and table and bench seating on Lot 6,Block 2,totaling 2.5 points, exceeding the minimum standard. Pathways: The Pathways Master Plan depicts a multi-use pathway across this site connecting from the pathway along N. Conley Ave. at the south boundary to the pathway along Rogue River at the north boundary. In accord with the Plan,a 10-foot wide multi-use pathway should be provided within a 14-foot wide public pedestrian easement; only a 5-foot wide sidewalk is proposed. Staff recommends the plat is revised to include a minimum 20-foot wide common lot to the south of Lot 1,Block 2 to provide a pathway connection from the existing pathway on the east side of Conley Ave.to the south to the common area on Lot 6,Block 2. This will be safer than running the pathway along the front of the building lots along Conley and Eagle View. Staff further recommends the multi-use pathway be extended through the common area on Lot 1,Block 3 and Lot 2,Block 3 and connect to the existing pathway to the north. The landscape plan should be revised to include this pathway and an easement should be submitted and recorded prior to the City Engineer's signature on the final plat. Sidewalks(11-3A-17): Five-foot wide attached sidewalks are proposed within the development in accord with UDC standards. Waterways: The Nourse Lateral runs off-site along the northern boundary of the site. Staff did not receive a response from Settler's Irrigation District on whether or not an easement exists on this property for the lateral. If it does, it should be depicted on the plat and no encroachments allowed within the easement area. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home proposed to remain on Lot 3,Block 3 is required to connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Page 8 Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations: Five(5) conceptual building elevations were submitted that demonstrate what future homes in this development will look like (see Section VIII.F). A mix of single-story, single-story with a bonus room and 2-story homes are proposed. All of the floor plans for the proposed elevations depict a width of 40-feet for the homes which will not fit on at least 19 of the proposed lots and meet the required side yard building setbacks of 5 feet on each side—a minimum lot width of 50 feet would be needed in order to accommodate the proposed homes.With 30-foot wide homes,the elevations will be very garage dominated; the narrow lots will also not accomodate very much on- street parking,which is always a concern. Some of these issues should be alleviated with the lot configuration changes recommended by Staff.Prior to the Commission hearing, Staff recommends conceptual elevations are submitted for homes that will fit on all of the proposed lots. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. Page 9 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map A Description for R-8 Zone March 4,2022 All of Lut 4, Block 1. Ja,,nlin Acres Subdivisiopi as filed in B+x,k 59 of Plats at Pages 5829 and 5830, records of Ada County, Idaho, Iocate4 in the Northeast 114 of the Southeast 114 and the Northwest 114 of the Southeast 114 of Section 32, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho more particularly d 4dft,d A$�f#Ilovos: BEGINNING at the Center 1/4 corner of said Section 32 f rom which the 114 oorner common to Sections 32 and 33,TAN., R.1E_,8_M_, bears North 39°39'12"East, 2,657.16 feet; thence on the east-west centerline of said Section 32 coincident with the south boundary Ilne of Zebulon Heights Subdivision No.2 as filed In Book 99 of Plats at Pages 12772 Through 12774, records of Ada County, Idaho,North 89039'12'East, 903.13 feet to the westerly boundary lino of Delano Subdivision No. 1 as filed in Book 121 of Plats at Pages 19124 through 19128, records of Ada County, Idaho; thence on said westerly boundary line the following two(2)courses and distanoes: South 01 b 191061 West, 611.26 feet; South 101107146'West,60.01 feet to the northerly boundary Iine of Champlon Park Subdivision No_3 as filed in Book 93 of Plats at Pages 11149 through 11153,records of Ada County, Idaho; thence on said northerly boundary line the following five (5)courses and d Islances: North 63109'48" West, 177.b2 feet; North 70°46'48" West, 121.52 feet; North 78'20'48" West, 160.92 feet; North 66'09'48" West,263.74 feet; B 1,1- L,4,y4 xrcNB — A top €Y � 0 OF % McGK Par 1 of 2 Page 10 North 6:5W48"Vilest, 72.27 feet to the Northeast corner of Lot 18, Block 17 of Champion Park Subdivision No.2 as flled in Book 89 of Plats all.Pages 10374 through 10377, records of Ada County, Idaho; thence on the northerly boundary line of said Champion Park Subdivision No. 2 the followirkU fuur (4) urrurses wid disiarirus North 6502048" Wort, 38.74 foot; North 53012'48" West, 164.82 feet: North 29045'48" West, 43.31 feet; North 13°05'48" Nest, 107,13 feet to the east-west centerline of said Section 32 coincident Mth the south boundary line of Heritage Subdivision No_2 as filW in Book 23 of Plats at Pages 1452 and 1453, records of Ada l ounly, Idaho; theme on said south boundary line, North 89°54'08' East, 90,32 feet to the to the REAL POINT Of BEGINNING. Containing 8.200 acres,more or less. End of Description. NL LAVO G1rN ,s0 r� 11779 ,A ZZ, Pale 2 of 2 Page 11 N 5ccle: 1"=200' 0 50 100 200 400 BASIS OF BEARINC N69'39'12"E 2657.16' ' HERITACE w a SUB. NO. 2 3 N89^54'08'E ZEBULON HEIGHTS ZEBULON HEIGHTS 90 32' SUB. NO. 2 SUB. NO, 2 C-1/4 77�N89'39'12"E 903.13' �t 1/4. 1754.03' v 5.32 5.33 N13'0548"W Real Point j of Beginning I it 107.13' N29'45'48'W 7/j� m ¢ N w 43.31' s35t Y82, tB.200 ACRES -r;. N65'26'48 CHAMPION PARK QY 72,27' Z SUB. NO. 2 N65'26'48' zo 4w o p a 38.74' 18 +Y662' 4 r y in = N70'46'48"W N63b3 121.52' E. JASMINE LN. EV 516'07'46"W CHAMPION PARK 50.91' SUB. NO. 3 �} �pL LAND rL o t" Z �� g z P:36i6 wSYixE x 21-125 tl"g 21125 Anne,otim Em.tlr �l4 2022 k3&19 vu Exhibit Drawing for Job No. � 9r��2�Pa IDAHQ W�w.EME�osr 21-125 °oy of�° o� SURVEY ecw.�0A°13'°° R-8 ZONE Shee;No, MCC GROUP LLC of 4. Block 1, Jasmine Acres.L—ited In the NEl 4 of the SE1 4&the 0,9-Dote NWl/4 of the SEl/4 of Section 32. TAN.Mr.. B.M.Ado C—ly,Idaho 3/4/7022 Page 12 B. Preliminary Plat,Existing Conditions&Phasing Plan(dated: 6/15/22) PRELIMINARY PLAT NOTES J L KINGSTOWN SUBDIVISION PRELIMINARY PLAT PRELIUIwwrPur DArA A PORTION OF THE SE OF SECTION 32,TOWNSHIP 4 NORTH,RANGE 1 EAST MERIDIAN,ADA COUNTY,IDAHO ao F � w's c.rLMwinr r¢ "c"_• �M �X'x OWNERNEVEL ER CIV.L EN31NEERI LAIC SURVEYOR LAND PLANNER a�.cr woX.ue I'TC'dV�n'AUP +ca5.+1d w. ».".a"'w= :°rre.4il:a°e °.� �'��aarz x�r". crvn ccxr o verrs Mt.•.ccr m m= LEGENO i®c.m.ra�n.nu..� —...-..—.� reo"own a•Vc uxe �` --- iPmmn BJwXxnR �K f3 mmo >seo'im•eus e°p XMi �- -- l I , B . I �� ' / • "eo�riz xrswr S3� SE E ' �. xxX �XX.• 1.'ii4 i �� IS�l.-'- ,-2. • � max— •• I � � r,. vl� � I I 4T evlx= �eXn i.� .ram, - is i• " ..,. .r�7EE Page 13 ji 2 ]E =�a ff QFp J"IIIM1M1I / 0 �� 6 r rrK�� E� ,9iia Sr � I•t u. 6/ ;,'r 3 '� � • .re. ITT �gR E i�� ® m a a f � P � _� YMyINeI• i Pi ff 03 Page 14 C. Landscape Plan(dated: 6/16/2022) •nxtirvxxo OWMHLI]EY WEH �`- wueE ux.s °QaO O LM'dSCAPEAA(]iI u I 9LOpCi � • � . � • . � . l r 'r7{l[.L ° -x0.uglWo�'0.E"IlE x'�•o� E F6C.L mV1EW T. 8 O /', 0 • °° ° ° fl 5 vxn recwo N o i tl16F19t]1-ANI5fARM6 REQlllfifllElR5 COMCFAf RAMP iCX EOYLE Z rw-ru.nm.s.ix"mwm � ��.a.y.'i�o�.�.xow•.� mm�_a�rd.. � n ¢ n xa-uxurrw.vxeay.wn aan ��.nu ream�� a.r�r�r.�� 2WJ - 0-07 Page 15 D. Existing Tree Inventory&Plan 4- 7W rromt. V --fr- ZNQ ® LZI 1 1. m9i O MON UQUI�om IMF" Page 16 I ,� I 1PEE NffIGATM)H REflIIfREMENTi !r EEAQLENHYCT. 7 TREE PROTECTION12 NOTE gun o � ga a w e E � o s r � x �n w 3 gi�Nlwn i aE n o� Page 17 E. Open Space Exhibit(dated: 6/16/22) OA7ERMCVELOPER 1ANDWAPEARRCHIITCT I ImDfx I I I �I a /' cart�c,tkns ros ou EEACLE VIEW CT. � 'gJ4 «nano Pa � s — � o imue.el wAce..mwom. Nln� I — a z Y nlgmo�cf ui+ulEn oaa mAc[A a;v,n.9fldON; y y w¢ama kv. � Ixa.aes eusmol� 1{\/_TI^��17 [aEER�EJYINIFYUIL9:.aEPun MC 1YA YIMGr WFE xaumAlq«Puld .{`i��"e�r�{ ❑lR�Fxa CPEN b•KE 05w 7 Page 18 m --------------------------------- -======-========-======-------- __ � �■=_ _ == —__=_______________________ ==== a LJ■- 1 --= I 11 — --------------- -------_— �� Ea €C■ C■e _�IC■ C= Eml n Em IN NEESE _I 0 0 oaf 8 ,�� ova 00 _ _ _ _ _ _ _ _ _ _ _ _ _ Ll ate¢ �— ----------------------- ---------------------------- 00 -------- -—-—-—-— A2 h e IT] 1I - �JLJLLI IiI Lull - -- _- Page 20 ,o® - - - - __ — Li NIN 0 - oA � LILI - El ---- - - -- 4 -- - - - - - - - - -- f i=i-L� jll 11 oill �illi 000. v - __- - - -- Q m �z- ❑ m o-a-, ❑ - - - - - - - - - - - - - - -- F, - -------- "a-- - - - - - -- A2 Page 21 ;=—-.--- -—-—-—-—-—-— ________ _________ _ — — — — — — F1 Y� mm� Jet e-F�-------- ----------- ------ -- —-------------------- ------ -- — — .. — — — — — — �— --- — — a� -- - - - r_T r_T o -- - - - - - - - - - -�- - - - - - - - - - - - -- - - - - - A3 Page 22 ®® o00 Y es"e mw � �z9 Ll ° 0lO 7T - - - - M�m y Y CO fL �z - ❑ " as °- ----- - - - - - - - - - - - - - - - ��- - - -------------------- - - - L O in - - - - - - A3 Page 23 i----------- Li 0 0 tl�c a�v -- - - - - - - -- C� 0 0I� - - ------ T®®- goo --- ------------ �----------- ______-____ "—- -—-—-—-—- _-_ ----------- __ __-_-_-__ UWE e¢$ ❑ ° �.rrs -=-------- — e °fs3----------- - -- -- - - — - — atld--- -------- — — — — —------------------- —-—-— A3 Page 24 IX. CITY/AGENCY COMMENTS & CONDITIONS Per the discussion in Section VI, Staff recommends the Applicant reconfigure the lots along the north boundary in Phase I so that wider and fewer lots are provided in that area; and the lots in Phase II are reconfigured and lots are added so that lots are smaller and narrower for a better transition to existing abutting properties. Conceptual building elevations should also be submitted for the 40-foot wide lots that fit on the lots. The plat,conceptual elevations and other associated plans shall be revised accordingly& submitted at least 15 days prior to the City Council hearing.Conceptual elevaitons and a draft of the revised plat should be submitted to Staff prior to the Commission hearing demonstrating how these changes would affect the overall density and transition to adjacent properties. A. PLANNING DIVISION 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,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 IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan,common open space/site amenity exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing home on Lot 3,Block 3 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. 2. The final plat shall include the following revisions: a. Depict an easement for the Nourse Lateral,which runs off-site along the northern boundary of this property, if it encroaches on this property. b. Depict a minimum 20-foot wide common lot along the south side of Lot 1,Block 2 for a multi- use pathway connection from Conley Ave. through the common areas on Lot 6,Block 2 and Lot 1,Block 3 to the pathway along the east side of Rogue River Ave. See Park's Department comments &diagram in Section IX.E. d. Increase the size of Lot 15,Block 1 by 70 square feet to meet the qualified open space standard of 5,000 square feet in UDC 11-3G-3B.1a. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict a 10-foot wide multi-use pathway from the existing pathway along N. Conley Ave. at the south boundary to the existing pathway along N. Rogue River Way at the north boundary as required by the Park's Dept. with landscaping along the pathway in accord with the standards listed in UDC 11-3B-12C. See Park's Department comments &diagram in Section IX.E. b. Provide one(1) 2-inch tree in the front and back yards of all building lots and an additional 109 caliper inches of trees on the site in common areas in accord with the mitigation standards listed Page 25 in UDC 11-3B-IOC.5; or,apply for Alternative Compliance to this standard(see UDC 11-5B-5 for more information). c. Depict a detached sidewalk with an 8-foot wide parkway and landscaping per the standards listed in UDC 11-3B-7C on Lot 1,Block 1 in order for the lot to count toward the minimum qualified open space requirement. d. Depict a minimum 20-foot wide common lot along the south side of Lot 1,Block 2 containing a 10-foot wide multi-use pathway connection from Conley Ave. through the common areas on Lot 6,Block 2 and Lot 1,Block 3 to the pathway along the east side of Rogue River Ave. Depict 5- foot wide landscape strips on each side of the pathway planted in accord with the standards listed in UDC 11-3B-12C. e. Increase the size of Lot 15,Block 1 by 70 square feet to meet the qualified open space standard of 5,000 square feet in UDC 11-3G-3B.Ia. f. Lot 11,Block 2 does not meet the qualified open space standards listed in UDC 11-3G-3B—the plans should be revised to comply through one of the following options: 1) add 715 s.f.to the common lot in accord with UDC 11-3G-3B.1a; or, 2)include a community garden in the common lot; or, 3)include minimum 20' x 20' plaza in the common lot, including hardscape, seating, and lighting in accord with UDC 11-3G-3B.1.If the lot is enlarged, the plat shall also be amended accordingly. 4. Prior to the City Engineer's signature on the final plat for Phase 2,all existing structures that do not conform to the setbacks of the R-8 zoning district shall be removed. 5. Prior to the City Engineer's signature on the final plat for Phase 1,a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathway as required by the Park's Department. 6. Submit a detail of the proposed shelter on Lot 6,Block 2 with the final plat application. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sewer must connect to the north through Rogue River Ave and not from the south. This is a different sewer shed. 1.2 Sewer does not need to be provided to and through to parcel to the east. Provide sewer mains to eastern boundary only as needed for development. 1.3 Ensure no sewer services cross infiltration trenches 1.4 Dead-End runs of sewer need a slope of 0.60% 1.5 Must include callouts to remove water blow-offs. 1.6 Water main connecting north and south properties must to be 12". 1.7 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.)are built within water/sewer easements. 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 Page 26 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 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 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 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 27 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 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. 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.ory WWebLinkIDocView.aspx?id=267776&dbid=0&repo=MeridianCitE&cr =1 Page 28 D. POLICE DEPARTMENT No comments at this time. E. PARK'S DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=267942&dbid=0&repo=Meridian City & https://weblink.meridiancity.org/WebLink/DocView.asp x?id=2 72212&dbid=0&repo=Meridian City F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=269309&dbid=0&repo=MeridianCiU G. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=269136&dbid=0&repo=Meridian City H. WEST ADA SCHOOL DISTRICT(WASD) No comments were received from WASD. I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=269137&dbid=0&repo=MeridianCity&cr =1 X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds the Applicant's request to annex the subject property with R-8 zoning and develop single- family detached dwellings on the site at a gross density of 3.42 units per acre is consistent with the density desired in the MDR designation for this property. However, the layout of the preliminary plat proposed with the annexation does not provide an adequate transition in lot sizes to abutting properties to the north in Phase I or in Phase II as discussed above in Sections V and VI. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment to R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; Stafffinds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. Page 29 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 Stafffinds City services are available to be provided to this development. Comments were not received from WASD on this application so Staff is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. Stafffinds the proposed annexation is in the best interest of the city if revisions are made to the development plan as recommended. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Stafffinds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan if the Applicant revises the development plan to provide a better transition in lot sizes to abutting properties. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Stafffinds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Stafffinds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; Stafffinds there is public financial capability ofsupporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Stafffinds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 30 w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Brightstar Overland (H-2022-0061) by Hatch Design Architecture, located at 2940 E. Overland Rd. Application Materials: https://bit.ly/H-2022-0061 Request: Conditional Use Permit for a residential care facility on 0.59 acres of land in the C-G zoning district. PUBLIC HEARING SIGN IN SHEET DATE: September 15, 2022 ITEM # ON AGENDA: 6 PROJECT NAME: Brightstar Overland (H-2022-0061) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 4 7 9 10 11 12 13 14 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING September 15,2022 Legend DATE: letProje�t TO: Planning&Zoning Commission �U FROAM: Sonya Allen,Associate Planner 208-884-5533 1= SUBJECT: H-2022-0061 Brightstar Overland R7 e a LOCATION: 2940 E. Overland Rd., in the SE 1/4 of Section 17,T.3N.,R.IE. C_C R-4 IPJZ I. PROJECT DESCRIPTION Conditional use permit for a residential care facility on 0.59 acre of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.59-acre Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Residential care facility Current Zoning General Retail and Service Commercial District(C-G) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date 6/6/22 History(previous approvals) AZ-05-019 Dorado Subdivision(DA Inst. 105127512);H- 2016-0131 (1st Addendum to DA—Inst.2017-007434);H- 2022-0044(2nd Addendum to DA—not yet recorded) III. APPLICANT/OWNER INFORMATION A. Applicant: Steve Thiessen, Hatch Design Architecture—200 W. 36"' St., Garden City,ID 83714 B. Owner: Devin Morris,Alturas Capital Partners—500 E. Shore Dr., Ste. 120,Eagle,ID 83616 Page 1 C. Representative: Jeff Hatch,Hatch Design Architecture—200 W. 36th St., Garden City, ID 83714 IV. NOTICING Planning& Zoning Commission Posting Date Notification published in newspaper 8/31/2022 Notification mailed to property owners within 300 feet 8/25/2022 Applicant posted public hearing notice on site 8/31/2022 Nextdoor posting 8/25/2022 V. COMPREHENSIVE PLAN ANALYSIS Land Use: This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. 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). This site is part of a much larger mixed-use designated area that contains a wide variety and mix of uses as desired in MU-R designated areas. Although the proposed residential care facility use is considered commercial,it is residential in nature as folks reside there. The proposed use provides a good transition between more intense commercial/retail uses and low-density residential uses to the west and north in Overland Way subdivision. Transportation: There are no collector streets designated on the Master Street Map (MSM) for this site. This project will be accessed from the east through the adjacent property via E. Overland Rd.,a mobility corridor; direct lot access is not proposed or allowed via S. Loder Pl. or E. Overland Rd. This site is in close proximity to the Overland/Eagle Rd. intersection,a major arterial intersection,on the south side of the 1-84 off-ramp. Transit services are available to serve this site via Route 42. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /g compplan): 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 residential care facility will contribute to the variety of housing types in the City by offering care for the elderly. Page 2 • "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. • "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 entry of the proposed residential care facility is proposed to face east, away from abutting residential properties. Landscaping is proposed within buffers along the west and north boundaries of the site and a 6-foot tall fence is required for screening along the north boundary. The proposed structures is a single-story, which should be compatible with adjacent residential homes and properties. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential care facility should be compatible with existing rural residential uses to the north and with the commercial multi-tenant retail/restaurant uses to the east. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) This site and the residential subdivision to the north (Overland Way) is an enclave surrounded by City annexed land. Development of this site will result in a more efficient provision of public services. VI. UNIFIED DEVELOPMENT CODE ANALYSIS History: The existing Development Agreement(DA)) [AZ-05-019 Dorado Subdivision—Inst. #105127512; Pt amendment H-2016-0131 (Inst. #2017-007434); and 2"amendment H-2022-0044 (yet to be recorded)] was recently approved by City Council to be amended to include residential care facilities as an allowed use on the site(Lot 1,Block 1,Dorado Subdivision). The amended DA must be signed, approved by City Council and recorded prior to submittal of a Certificate of Zoning Compliance for the proposed use. Existing Use: The property currently consists of vacant,undeveloped land. Request: A Conditional Use Permit(CUP) is requested for a 7,800 square foot single-story residential care facility on 0.59 acre of land in the C-G zoning district as required by UDC Table II- 2B-2. The facility will provide care for the elderly and features 12 bedrooms for residents and an office for staff. Dining, entertainment, laundry and storage will be provided on-site for residents. An enclosed courtyard is proposed internally and a covered patio is proposed at the entry. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC II- 4-3-29 Nursing or Residential Care Facilities,as follows: A. General standards. 1. If the use results in more than ten(10)persons occupying a dwelling at anyone time,the applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with Title 10 of this Code. 2. The owner and/or operator of the facility shall secure and maintain a license from the Page 3 State of Idaho Department of Health and Welfare, facility standards division. B. Additional standards for uses providing care to children and juveniles under the age of eighteen(18)years: 1. All outdoor play areas shall be completely enclosed by a minimum six-foot non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this Code. 2. Outdoor play equipment over six(6)feet high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation. A barrier with a minimum height of six(6) feet, along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this Code. Access: Access is proposed from the east via an existing driveway on the adjacent property from E. Overland Rd. A perpetual vehicular cross-access easement is dedicated on the plat for Dorado Subdivision to all lots within the subdivision. Direct lot access via S. Loder Pl. &E. Overland Rd. is prohibited. Parking: The UDC(Table 11-3C-6)requires a minimum of 0.5 off-street parking spaces per bed. Based on 12 beds,a minimum of six(6) spaces are required. A total of eight(8) spaces are proposed, including one (1)ADA space. The UDC(11-3C-6G)requires a minimum of one (1)bicycle parking space to be provided;two(2)are proposed. Therefore,the proposed parking meets and exceeds the minimum standards. Pathways/Sidewalks: A 7-foot wide attached sidewalk exists within the right-of-way along E. Overland Rd. adjacent to this site and was constructed with the road widening project for Overland Rd. The UDC (11-3A-17)requires detached sidewalks along arterial streets but because the sidewalk is in good condition and is attached in all locations along this corridor, Staff does not recommend it's reconstructed as a detached walkway. A minimum 5-foot wide walkway is required to be provided from the perimeter sidewalk along Overland Rd.to the main building entrance per UDC 11-3A-19B.4a. Landscaping: A 35-foot wide landscaped street buffer was constructed on this site along E. Overland Rd.with development of Dorado Subdivision in accord with UDC standards. The DA (provision#5.1.9)requires an additional 5-feet of landscaping to be added to the existing 20- foot wide buffer owned by the Overland Way HOA along S. Loder Pl. along the west boundary of the site. A 10-foot wide buffer is depicted on the plans encompassed by a 10-foot wide public utility easement. The Applicant should verify if trees are allowed within this easement; if not,they should be removed from the plan. The DA (provision#5.1.3)allows a reduced landscape buffer width from 25-feet to 5-feet along the north boundary of the site to the residential uses to the north provided a 6-foot tall fence is provided along with added landscaping within the buffer as alternative compliance. A 15-foot wide buffer is depicted on the plans along the north boundary. An application for Alternative Compliance to the buffer requirements to residential uses in UDC Table 11-2B-3 should be submitted with the Certificate of Zoning Compliance and Design Review applications in accord with the previous Page 4 PUD(CUP-05-031) and Development Agreement(Inst.#105127512) approval. Parking lot landscaping is required per the standards listed in UDC 11-3B-8C, as proposed. Trash Enclosure: Trash bins are depicted on the plans on the south side of the building.A trash enclosure is depicted on the plans on the adjacent property to the east. If the Applicant plans to utilize this dumpster,permission should be obtained from the adjacent property owner and/or business owners. Otherwise,the Applicant should coordinate with Republic Services on trash pick-up. Building Elevations: Conceptual building elevations were submitted for the proposed structures as shown in Section VIII.C. Building materials consist mainly of stucco with cultured stone veneer accents and vinyl railing with decorative arches and wagon wheel trim with asphalt roof shingles. The proposed elevations are not approved;the final building design is required to comply with the design standards in the Architectural Standards Manual. VII. DECISION A. Staff: Staff recommends approval of the conditional use permit with the conditions noted above in Section IX. VIII. EXHIBITS A. Site Plan(July 2022) GENERAL NOTES 517E RECAP $$ ., g W § vm�xi 82 cc .za are xw w.� :s,w. E a�(@�i .,4,.. o•a. ,®u = p Il PRDPOSED 6DILDING g z Evp mx �..� III Il�l�i�le si�ii il,,,�gggM:'iii °' � •• I ��KEYNOlES `�� a o '• I �1� - - m Z C ofW > � a EXISTING BUILDING f := I 0 R pp .:.:.1.:...:.:.:.....:.:.:.:.:...:.:.:.:.:.:.:.:.:.:.:.:...:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. ... .:.:.:.:.:.:.' .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;..:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.;.:.:.;.:.:.:.:.:.:.:.:.:.:.:::.:.:.;.;.:::::::.:::::.:::::::.:::::::', '. ': ::': ... .r..... APPII—ANTINFORMATION OVERLAND ROAD ��L (97'R.O.W.) -- A-1.0 Page 5 B. Landscape Plan(dated: June 2022) i l P 1,III J� 8 T 8 � � 8 C is 0v C]1 6 000 00 000 00 Q 0000 O O O boo PROPOSED BUILDING 8 n.Attil},r O O 8 o e 1a .8 0 ®CY J8 dO ® 8 °0 8 e 8 e c7 e a O - - ��_ n `a-� o < 8 {� � . 8 � _ -��rzowEwx�.'.•�:. '�tr rzowEwH� y OVERLAND ROAD / PRELIMINARY LANDSCAPE PLAN I Ito 42i I V041-1 ��•� �d;,-��„,;:a.� .� PLANTER BED CL.T EDGE �1��•��' - Y f� -•_-.•�-•••,,• ��e:�vxc�s:�Msxe��eleunnmo�e�se- p -.,.A ...,. 4 DECIDUOUS TREE PLANTING _� TIGRDUNDCDVER PLANTING t�cvs Page 6 C. Building Elevations (dated: July 2022)—NOT APPROVED GENERAL NOTES EXTERIOR FINISH SPECS V 1:TLCCA 16 0��e::3g� . - B�k B£ �,e iil4�s .muama,m axonw xvrw =fR ff r;-�ewsrcaoc �wEsr,co,ne � G t 4 > 0 ----------1— a of 0i Lo n m S SOIfIH COL�It _—_—----------------W �e� WICK rmrv.m,m. emoviw m.eumw,narw 9ENAilONB 4 Nol[IH DOIOI -- A-4.1 IX. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein [AZ-05- 019 Dorado Subdivision(DA Inst. 105127512); H-2016-0131 (Dorado 1 st Addendum to DA —Inst. 2017-007434); H-2022-0044(Brightstar Overland 2nd Addendum to DA—not yet recorded)]. 2. The amended Development Agreement associated with H-2022-0044 shall be signed, approved by City Council and recorded prior to submittal of the Certificate of Zoning Compliance application for the proposed use. 3. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. Depict a minimum 5-foot wide walkway from the perimeter sidewalk along Overland Rd. to the main building entrance as set forth in UDC 11-3A-19B.4a. b. If the 10-foot wide public utility easement along the west boundary of the site prohibits trees,they should be removed from the plan. The Applicant should verify what type of Page 7 utilities are within this easement and if trees are allowed. c. Depict a 6-foot tall fence along the northern property boundary and additional trees within the buffer to residential uses along the northern boundary of the site in accord with the standards listed in UDC 11-3B-9C per the development agreement(provision#5.1.3) as alternative compliance for a reduced buffer width. d. Depict 19-foot wide parking stalls as set forth in UDC Table 11-3C-5. e. Depict the common lot owned by the Overland Way HOA along the west boundary in between the right-of-way for S. Loder Pl. and the west boundary of the site. 4. Submit an application for Alternative Compliance to UDC Table 11-213-3 for a reduced buffer width to the residential use to the north with the Certificate of Zoning Compliance application in accord with the previous PUD (CUP-05-031) and Development Agreement (Inst. #105127512) approval. 5. Compliance with the standards listed in UDC 11-4-3-29 — Nursing or Residential Care Facilities is required. 6. Direct access via E. Overland Rd. and S. Loder Pl. is prohibited. 7. The business hours of operation are restricted to 6:00 am to 11:00 pm in the C-G zoning district per UDC 11-2B-3B. 8. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual and with the Development Agreement. 9. The conditional use permit is valid for a maximum period of two (2) years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-513-6F. B. PUBLIC WORKS Site Specific Conditions of Approval 1. The existing 8"water main in Loder Place to be extended to north end of the property boundary. 2. Ensure no sewer services pass through infiltration trenches. General Conditions of Approval 3. 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. 4. 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. Page 8 5. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. 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. 6. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 7. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 8. 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. 9. 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. 10. 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. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 9 18. 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. 19. 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. 20. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=270757&dbid=0&repo=Me ridianCity D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancit yLorg/WebLink/DocView.aspx?id=271592&dbid=0&repo=Me ridianCity X. FINDINGS Conditional Use(UDC 11-513-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-G zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff ,finds the proposed residential care facility will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IX of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. Page 10 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 will not adversely affect other properties in the vicinity if it complies with the conditions in Section IX of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. Stafffinds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff ,finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. Staff ,finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 11 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Matador Estates Subdivision (H-2022-0043) by Quantum LTD, Inc., located at 1235 E. McMillan Rd. Application Materials: https://bit.ly/H-2022-0043 A. Request: Annexation of 5.09 acres of land with an R-4 zoning district.B. Request: Preliminary Plat consisting of 14 building lots and 2 common lots on 4.84 acres of land in the R-4 zoning district. PUBLIC HEARING SIGN IN SHEET r7 DATE: September 15, 2022 ITEM # ON AGENDA: 7 PROJECT NAME: Matador Estates Subdivision (H-2022-0043) 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 1 A�Rty Ntf3r tz L �� a i e N , M le k - I s J® r,5c /�` g3�� `�e✓� lv��Pr a 4 il,�S 236� S� 3'�� ✓� �/ er 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT 1,H p HEARING September 15,2022 Legend DATE: 0 Pro�c- Laca'or k TO: Planning&Zoning Commission lei - FROM: Sonya Allen,Associate Planner ' E 208-884-5533 -- - E SUBJECT: Matador Estates IE H-2022-0043 LOCATION: 1235 E. McMillan Rd.,in the NE 1/4 of Section 31,TAN.,R.IE. (Parcel #R1608650122) FFF EEI PR I. PROJECT DESCRIPTION Annexation of 5.09 acres of land with an R-4 zoning district; and preliminary plat consisting of 14 building lots and two(2) common lots on 4.84 acres of land in the R-4 zoning district for Matador Estates Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.84 acres Future Land Use Designation Low Density Residential(LDR) Existing Land Use Single-family rural residential(SFR) Proposed Land Use(s) SFR Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-4(Medium Low-Density Residential) Lots(#and type;bldg/common) 14 building/2 common Phasing plan(#of phases) NA(not proposed to be phased) Number of Residential Units(type 14 single-family detached units of units) Density(gross&net) 2.89 units/acre(gross) Open Space(acres,total[%]/ 0.33 acre(or 7%) buffer/qualified) Page 1 Amenities Sitting area with a concrete or paver surface with benches Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting 4/12/22 date History(previous None(Lot 5,Crestwood Subdivision No. 1;property boundary adjustment approvals) —ROS#12793 in Ada County) B. Community Metric Description Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action es/no • Existing There is one(1)existing stub street(E.Territory St.)to this property at the Conditions project's west boundary. • CIP/IFYWP Capital Improvements Plan(CIP)!Integrated Five Year Work Plan(IFYWP): • The North Meridian Community improvement project,is scheduled in the IFYWP,constr enhanced pedestrian facilities on the north side of McMillan Road, on McMillan Row Red Horse Way to Locust Grove Road,construction in 2026. • Bike Signage Community improvement project,is scheduled In the IFYWP,establishin bike way corridors, per the Bike Master Plan, including wayfinding and bike signage Horse Way,crossing McMillan Road from Fairview Avenue to Joshua Tree Drive,constr in 2026. • McMillan Road is listed in the CIP to be widened to 3-lanes from Meridian Road to Grove Road between 2031 and 2035. • Locust Grove Road is listed in the CIP to be widened to 3-lanes from Ustick Road to M Road between 2036 and 2040. • Locust Grove Road is listed in the CIP to be widened to 3-lanes from McMillan R Chinden Boulevard(SH20126)between 2036 and 2040. Access(Arterial/Collectors/State Existing access is provided via two(2)driveways from E. Hwy/Local)(Existing and Proposed) McMillan Rd.,an arterial street.Proposed access is via the extension of an existing stub street(E.Territory St.)at the west boundary of the site;the existing driveways will be closed with redevelopment of the site. Proposed Road Improvements ACHD is requiring McMillan Rd.to be widened to 17' from centerline,with a 3' wide gravel shoulder abutting the site. Territory St.is required to be extended into the site&Matador Ct.constructed as a 33'wide local street section with curb, gutter,a detached 5'wide sidewalk and a landscape strip. Fire Service No comments received. Police Service No comments received. West Ada School District No comments received. Distance(elem,ins,hs) Capacity of Schools Page 2 #of Students Enrolled Wastewater - • Distance to Sewer Services Directly adjacent • Sewer Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns • Flow is committed • See Public Works Site Specific Conditions Water • Distance to Services Directly adjacent • Pressure Zone • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions C. Project Maps Future Land Use Map Aerial Map Legend Legend Prnjeot Lncatm � Prc je-_t L=v-an a E mcq„ A- R� E-M - ` • '� RDA^�- aiftdtitidl Low ty � ~ Ell rid M am Page 3 Zoning Map Planned Development Map Legend ti Legend Project Lucafkm Ku it Prcjeot Luca tar $ J,_i Cfi{u n-at ' S, - — Planned Pamee, ---` i RUT RUT i iii -RD r -� �p - - RUT - R: R1 __ IH --- `-- I I I I M.I., T F 11 III. APPLICANT INFORMATION A. Applicant: Marty Camberlango, Quantum LTD., Inc. — 1110 N.Five Mile Rd., Boise,ID 83713 B. Owner: Nicholas Gifford— 1235 E.McMillan Rd.,Meridian, ID 83642 C. Representative: Marty Camberlango, Quantum LTD., Inc. — 1110 N. Five Mile Rd.,Boise,ID 83713 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 8/31/2022 Radius notification mailed to property owners within 300 feet 8/25/2022 Public hearing notice sign posted 9/4/2022 on site Nextdoor posting 8/25/2022 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Low Density Residential(LDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for the development of single-family homes on large and estate lots at gross densities of three(3)dwelling units or less per acre. The subject property is an enclave surrounded by City annexed land developed with single-family residential homes on land designated LDR and Medium Density Residential(MDR) on the FLUM. The Applicant Page 4 proposes a 14-lot subdivision for single-family residential detached homes at a gross density of 2.89 units per acre,which is within the desired density range of the LDR designation. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. Local streets are proposed internally for access to the proposed lots. 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 single-family detached dwellings on larger lots than typical will contribute to the variety of single family residential properties in 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 service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "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) This area consists primarily of single family detached homes with some variety in lot sizes between the LDR and MDR designated areas. The proposed development offers a variety of lot sizes from 8,132 to 11,219 square feet, not including the 32,231 square foot lot where the existing home is proposed to remain. • "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 development incorporates lot sizes consistent with those to the west and south, which should be compatible with surrounding uses and densities. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed single-family residential use should be compatible with other single-family residential uses abutting this site. The proposed site design should also be compatible with adjacent uses as lots are similar in size. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed infill development shouldn't negatively impact adjacent properties as the residential use and lot sizes are compatible. • "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 with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. The existing home that is proposed to remain on a lot in the proposed subdivision is required to connect to City water and sewer service. Page 5 • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any pathways stubbed to this property other than the sidewalk along E. Territory St.A micro path connection is proposed from the internal sidewalk along Matador Ct. to the sidewalk along McMillan Rd. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, the existing home will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 5.09 acres of land with an R-4 zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. A property boundary adjustment application was tentatively approved by Ada County in 2021 to shift the common lot line between Lots 5 and 6,Crestwood Subdivision,5-feet to the east. The Applicant should obtain final approval of this application prior to City Council approval of the proposed annexation. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided into 14 building lots for 13 new single-family residential detached dwelling units;the existing home is proposed to remain on Lot 6,Block 4(see Sections VIII.B,D). The proposed use and density of the development is consistent with the LDR FLUM designation. Single-family detached dwellings are listed as a principal permitted use in the R-4 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. This property, along with the property to the east, is an enclave surrounded by existing and future single- family residential detached homes to the north(Tustin), south(Havasu Creek) and west(Silver Springs). As noted above in Section V, development of infill properties is supported provided it doesn't negatively impact the abutting, existing development. Because like uses(i.e. single-family detached residential) are proposed on similar size lots,the proposed development should be compatible with adjacent uses and shouldn't negatively impact them. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. Page 6 B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 14 building lots and 2 common lots on 4.84 acres of land in the proposed R-4 zoning district. Proposed lots range in size from 8,132 to 11,219 square feet(s.£)with a 32,231 square feet lot where the existing home is proposed to remain. The subdivision is proposed to develop in one phase as shown on the preliminary plat in Section VIII.B. Existing Structures/Site Improvements: There is an existing home and several outbuildings on the property that currently takes access via McMillan Rd. The existing home is proposed to remain on Lot 6, Block 4 and access will be taken internally from within the subdivision.Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. The proposed plat appears to comply with the dimensional standards of the district,except for the street frontage of Lot 8,Block 4 which should be a minimum of 30 feet; the plans should be revised accordingly. Access: Access is proposed via internal local streets. E. Territory St. is proposed to be extended from the west to the east boundary for future extension to the east. The existing access via McMillan Rd. is required to be removed. The address for the existing home is required to change since access will no longer be provided from McMillan Rd.; the new address will be off Matador Ct. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required to be provided along E. McMillan Rd., an arterial street,per the standards listed in UDC 11-3B-7C. A 25-foot wide buffer with a berm is proposed along McMillan with 10 shade trees, shrubs and groundcover. A detailed landscape plan should be submitted with the final plat that complies with the aforementioned standards; detail#5 on Sheet L-1 should include the proposed berm along E.McMillan Rd.; and the location of the edge of paving should be depicted on the plan.If the unimproved street right-of-way is ten(10) feet or greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover per UDC 11-3B-7C.5a. A total of six(6)trees are proposed to be removed from the site(and possibly another one) as depicted on the landscape plan. Mitigation is required to be provided per the standards listed in UDC 11-3B- 10C.5. The Applicant should coordinate with the City Arborist(Kyle Yorita kyorita(&meridiancity.org)to determine mitigation requirements prior to removal of existing trees from the site. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; the landscape plan should be revised to include shrubs,along with the proposed trees and vegetative groundcover along the pathway on Lot 7,Block 4.A minimum of 5-feet should be provided outside of the easement area for trees; widen the lot if necessary to accomplish this. Common Open Space& Site Amenities(UDC 11-3G-3): Common open space and site amenities are required to be provided with development for properties of 5 acres or more in area per the standards listed in UDC 11-3G-3. This site consists of 4.8 acres of land—the annexation boundary is 5.09 acres.Although not required by the UDC, Staff recommends as a provision of annexation in the DA that a minimum of 12% (or 0.58 acre) common open space is provided with development.The landscape plan depicts 21,218.87 s.f. (or 0.49 acre) of common open space consisting of a 7,080 s.f. common area lot(Lot 2,Block 4), 2,840.74 s.f. of linear open space with a pathway(Lot 7,Block 4), and 50%of the street buffer along McMillan Rd. consisting of 4,178.13 s.f. The plans should be revised to include an additional 0.09 acre of qualified common open space. If 8-foot wide parkways Page 7 are proposed,they could count toward this requirement; parkways must comply with the standards listed in UDC 11-3A-17 and 11-3G-3B.4. As a provision of annexation, Staff recommends a site amenity totaling a minimum of one(1)point is provided within the development.A sitting area with a concrete or paver surface with two(2) benches in Lot 7,Block 4.If a structure for shade and picnic tables are added to this area,it could qualify as a picnic area,which is two(2)points; or,the Applicant may choose another qualified amenity from UDC Table 11-3G-4. Pathways: The Pathways Master Plan does not depict a multi-use pathway on this site. A micro-path is proposed on Lot 7,Block 4 for access from the internal sidewalk to the sidewalk along McMillan Rd. The pathway should be constructed per the standards listed in UDC 11-3A-8. Sidewalks(11-3A-17): A 5-foot wide detached sidewalk is required along McMillan Rd., an arterial street as proposed. Waterways:No waterways of significant size cross this site. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home proposed to remain on Lot 6,Block 4 is required to connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical report was submitted with this subdivision. Building Elevations: Six(6)conceptual building elevation photos were submitted that demonstrate what future homes in this development will look like (see Section VIII.F). A mix of single-story(with and without bonus rooms)and 2-story homes are proposed with a mix of building materials, including stone veneer accents, and architectural elements. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. Page 8 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map + LAND SURVEYING PLLC r Client:Ma rty Comberla ngo Date:June 24,2022 Job No,;1422 ANNEXATION DESCRIPTION A parcel of land being a portion of Lot 5 of Crestwood Subdivision No. 1 and lorated in the NE 114 NE 1M of Section 31.Township 4 North,Range 1 East,Boise Meridian,Ada County,Idaho,more partleularly descrfhed as follows; Commencing at a found zinc Cap monument stanrped'PLS 7043'marking the NE Corner of said NE IM NE 114,(Sectlon corner common to Sections 29.3a,31,and 32),Bald comer hears S.89`46'04'E.,a distance of 2632.391eet from a found Aluminum Cap marking the N U4 of sold Section 31; Thence along the Northem Coundary line of said NE 114 NE 114 also being the Centerline of E.McMillan Road. N.89146'04"W.,a distance of M 52 feet to the POINT OF BEGINNIrV ,, Thence leaving said Northern Boundary,5.09 13'35"W.,a distance of 33.00 to a polnt on the Southern Right-of-Way of said E.McMillan Road; Thence along a line that is 6.00 feet west of and parallel with the Easterly boundary of said Lot 5,S_ 00°34'28-W..a distance of 629.45 feet to a point on the Northern Boundary of Havasu Creek Subdivision No_1,Book 66,Page 0737; Thence along said Northern Boundary of Hava$U Creek No. 1,and the Northern Boundary of Havasu Creek Subdivision No.2,Book 87,Page 9875. N.89°56'32`W„a distance of 334.40 feetlo a found 518 inch iron on stamped`PLS 4116'; Thence leavi ng said Northern Bound dry of Havasu Creek Subdivisions No.1 and 2 along ttra Wesiedy Boundary of said 1-of 5.N 00'34'25"E.,a d Istance of 630.47 feet to a point on said Soulhem Bight-of-Way of E-McMillan Read ma rked by a found beat 112 inch iron pin without a cap; Thence N.00'13'56"E,,adiistenee of 33_00 boa point on said Northern Boundary line of said NE 114 NE 114 of Section 31; Thence along 4ald Northern Boundary line,S.89°46'04"E.,a distance of.334.39 fear 1h e POIN f OF BEGINNING, This parcel coc lains 5.09 acres(221.685 square feat)more or lei s. a lg F k%V 623 11 th Avt South,Nampa,ID 83651 -T.(21N)44?0115'C,(208)608-2510'rgrsy.c1KR gmil.com Page 9 ANNEYATION EXHIBIT BEING IN LOT 5, BLOCK 1, CRESTWOOD SUBDIVISION NO. 1, LOCATED IN THE NE1/4 NE114OF SECTION 31, T. 4 N., R. 1 E., B.M., ADA COUNTY, IDAHO Sec 31f E.MCMI LLAN RI7. 'FLS 7043' �-- _ N W4 '04'W 2M.3l1' Sec.ail Sec.29 al N1A C2�r, � N OV13'5T E �' � �0 - ��` etc 31 ec.32 CP&F I n5L No.241+MI .33_fl0' _ _ 33 40' CPaF Inst No-11199M (legible No Cap Beni E f IQ0 CRES (MOD StrBDIViTS10K 110.1 I 'o 4 1 BOOT{ 28 PACE I'T57-1758 41 r ° LEGEND f I CalculaW polnk ® Found zinc cap manumit Found alumlrrum cap monument Found 5M inch 6L iron pin i I 1) Found 1P2 inch dia.Iran pin . Block number I Lal number I -- hwdwy line - - - - - - - PrcmrtY ir9 See.31 Sec.32 - - Sedlon Ilree 'MF Ins[.Ni)-XQ2-0194 III9gihle G 50 100 200 I� Scale :l 'PL S411B• N89"5fi 3Ci4 HAVASV CREEK SVBDJVL5hM NQ.2 HAVASU CREEK SUBDIVISION NQ.I 300K 87 PACE 9875 bOOK SU PACE 9737 COMPASS LAND SURVEYING, P L L 62311th Avenue South Nampa, ID 93651 JN 1422 Mce:( 8)442.0116 Page 10 B. Preliminary Plat(dated: 5/12/22) 6�Y!►,S*!j i�If�L"O1�Q �a��'� Y6Or1.+��}y�WIMh�N Lu hop xo 144$"II � y a $�$ yi�p�pyg44�� ¢ .—t— - E 1.717. .4.- 'Z4 � • i .� � 3�I rp�� 14] I II Y r�•iv�.� `^^66'•.111��.. I I. Im..wr}I ya- -NI, 'F�1 �`x� it • Y� I � ti�F f J rr r rw6u wIa r l\2 +� Page 11 C. Landscape Plan(dated: 7/15/2021) E G i,94 NOISIAIO$175 S3iViS3 HOav- W J r �f :1 pR2+ NY77+FYaW s I' y _ � c 7 •i. 7 Y� Y 7 9 w ..1.- a '.� s Y � FYF�s •�' � �� i I ° � � ��', I Jy :r .1e ••2 - 's 43 ,R art. � 1 Fi I � h I � 4 I ¢F c� I -• T $ • ea I - F• i4 ,o 4 ~ 4 ti 4 Page 12 D. Conceptual Building Elevation Photos t - moo Page 13 r- Page 14 IX. CITY/AGENCY COMMENTS & CONDITIONS The Applicant shall obtain final approval of the property boundary adjustment application(ROS#12793) from Ada County prior to City Council approval of the proposed annexation. A. PLANNING DIVISION 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,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 preliminary plat, landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing home proposed to remain on Lot 6,Block 4 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. 2. The final plat shall include the following revisions: a. The minimum street frontage of Lot 8,Block 4 shall be a minimum of 30 feet as set forth in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. b. Graphically depict a 20-foot wide easement for the City of Meridian water main line on Lot 7, Block 4. Also,include a note with the recorded instrument number of the easement; a separate easement will be required. c. Provide a minimum 5-foot wide strip of land outside of the water main line easement noted above for landscaping along the pathway on Lot 7, Block 4. d. Correct the spelling of Matador Ct. (if spelled wrong). 3. The landscape plan submitted with the final plat shall include the following revisions: a. The minimum street frontage of Lot 8,Block 4 shall be a minimum of 30 feet as set forth in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOC.5. The Applicant shall coordinate with the City Arborist(Kyle Yorita kyorita&meridiancity.o to determine mitigation requirements prior to removal of existing trees from the site. c. Modify detail#5 on Sheet L-1 to include the proposed berm along E. McMillan Rd. d. Depict location of the edge of paving on the plan. If the unimproved street right-of-way is ten (10)feet or greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover per UDC 11-3B-7C.5a. e. Depict street buffer landscaping in accord with the standards listed in UDC 11-3B-7C. f. Depict landscaping(i.e. shrubs along with the trees and vegetative groundcover) along the pathway on Lot 7,Block 4 in accord with the standards listed in UDC 11-3B-12C. Page 15 g. Include an additional 0.09-acre of qualified common open space per the standards in UDC 11- 3G-3.If parkways are provided toward this requirement, they must comply with the standards listed in UDC 11-3A-17 and 11-3G-3B.4; amend the plat ifneeded. h. Provide a minimum 5-foot wide strip of land outside of the water main line easement noted above for trees to be planted along the pathway on Lot 7,Block 4. i. Depict a site amenity totaling a minimum of one(1)point.If a structure for shade and picnic tables are added to the sitting area proposed on Lot 7, Block 4, this area could qualify as a picnic area, which is two (2)points; or, the Applicant may choose another qualified amenity from UDC Table 11-3G-4. If a shade structures is proposed,provide a detail with the final plat application. 4. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the R-4 zoning district shall be removed. 5. The address for the existing home is required to change since access will no longer be provided from McMillan Rd. The Applicant should coordinate the new address with the Land Development Dept. (tricks(iDmeridiancity.org or mamador(&meridiancity.org). B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Must provide to and through to R1608650155. 1.2 Locate sewer manhole E-8 on property boundary. 1.3 Ensure no sewer services pass through infiltration trenches. 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 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 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point Page 16 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 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed Page 17 in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. 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 No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciby.org/WebLink/Doc View.aspx?id=269801&dbid=0&repo=MeridianCiby&cr =1 G. SETTLER'S IRRIGATION DISTRICT(SID) hggs://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=2 69192&db id=0&rep o=Meridia n City H. WEST ADA SCHOOL DISTRICT(WASD) No comments were submitted. I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=268719&dbid=0&repo=MeridianCitX Page 18 X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Stafffinds the Applicant's request to annex the subject property with R-4 zoning and develop single- family detached dwellings on the site at a gross density of 2.89 units per acre is consistent with the density desired in the LDR designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Stafffinds the proposed map amendment to R-4 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Stafffinds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 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 Stafffinds City services are available to be provided to this development. Comments were not received from WASD on this application so Staff is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. Stafffinds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Stafffinds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Stafffinds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 19 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Stafffinds the plat is in conformance with scheduled public improvements for this area in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Staff finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 20