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Z - Approved Findings (CR-2022-0007 and H-2022-0069) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, E IDIAN=-- DECISION,AND ORDER Date of Order: January 17, 2023 Case Nos.: CR-2022-0007 and H-2022-0069 Applicant: Meridian CenterCal, LLC In the Matter of: City Council review of the Planning and Zoning Commission's denial of a request for a conditional use permit (H-2022-0069) to exceed the maximum building height allowed in the C-G zoning district. Pursuant to testimony and evidence received regarding this matter at the public hearing before the City Council of the City of Meridian ("City Council") on January 3, 2023, as to this matter, the City Council enters the following findings of fact, conclusions of law, decision, and order. A. Findings of Fact. 1. The facts pertaining to the Applicant's property, the Applicant's request, and the process are set forth in the staff report for Case No. H-2022-0069 ("Staff Report"),which is attached hereto and incorporated herein. 2. Pursuant to Unified Development Code ("UDC") section 11-213-3A and Table 11-2B-3, the maximum building height in the C-G zoning district is 65 feet,but additional height may be approved through the City's alternative compliance procedures, by adding additional open space, or via a conditional use permit. 3. The Applicant proposes to construct a multi-story building ("Project") in the C-G zoning district with an average elevation of 78 feet and a high point of 85 feet. 4. The Applicant is requesting a conditional use permit to exceed the maximum building height delineated in the UDC. 5. The City of Meridian Planning and Zoning Commission ("Commission")held a public hearing on October 20, 2022, concerning the Applicant's request for a conditional use permit. 6. The Commission denied the Applicant's request for a conditional use permit because it was unable to make a finding that the Project is compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity. 7. The Commission adopted its findings of fact and conclusions of law on November 3, 2022. 8. The Applicant timely submitted a request for City Council review of the Commission's decision pursuant to UDC section 11-5A-7, and the City Council conducted a de novo public hearing for that purpose on January 3, 2023. FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case Nos.CR-2022-0007 and H-2022-0069 Page 1 9. Based on evidence and testimony received at said public hearing, the City Council finds that the Applicant's request for a conditional use permit complies with the requirements set forth in the UDC, including UDC section 11-513-6(E)(3), because the Project is compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity. Moreover, the Project will not adversely change the essential character of the area. B. Conclusions of law. 1. The City Council takes judicial notice of the UDC; the City of Meridian Comprehensive Plan; and all current zoning maps. 2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"), codified at Chapter 65, Title 67, Idaho Code. 3. When considering a request for a conditional use permit, the City Council shall base its decision on certain factors, including whether"the design, construction, operation and maintenance [of the proposed project] 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."UDC § 11-513- 6(E)(3). C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby approves the Applicant's request for a conditional use permit, subject to the conditions noted in the Staff Report,because the Applicant has satisfied the requirements set forth in the UDC, including, but not limited to, UDC section 11-5B-6(E)(3) concerning compatibility. D. Final decision. Upon approval by majority vote, this is a final decision of the City Council. E. Judicial review. Pursuant to Idaho Code section 67-652 1(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 requesting review by the City Council of the City of Meridian 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. F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attachment: Staff Report. FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case Nos.CR-2022-0007 and H-2022-0069 Page 2 IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 17th day of January 2023. Robert E. Simison Mayor Attest: Chris Johnson City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case Nos.CR-2022-0007 and H-2022-0069 Page 3 STAFF REPORT E COMMUNITY N --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING October 20,2022 DATE: - 9i� r TO: Planning&Zoning Commission ]MIU5 fly.. R P. FROAM: Sonya Allen,Associate Planner KLEINE, e�r 208-884-5533I L t — r SUBJECT: H-2022-0069 Bridge at The Village at Meridian 6 , OCATION: 3210 E. Longwing Ln., in the SW 1/4 of Section 4,T.3N.,R.IE. (Parcel = #R1343720701) a I. PROJECT DESCRIPTION Conditional Use Permit to exceed the maximum building height listed in UDC 11-2B-3A.3 of 65 feet for the C-G zoning district to allow an average elevation of 78 feet(85 feet to the highest point of the structures). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 14.24 acres Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Vertically integrated residential project Current Zoning General Retail and Service Commercial District(C-G) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date 5/26/22 History(previous approvals) AZ-07-012,MDA-11-002(11 amendment to DA Inst. #111052692);MDA-11-012(2'amendment to DA #112025435) Page 1 III. APPLICANT/OWNER INFORMATION A. Applicant: Lance Blackwood,Meridian CenterCal, LLC— 1600 E. Franklin Ave.,El Segundo, CA 84009 B. Owner: Meridian CenterCal,LLC— 1600 E. Franklin Ave., El Segundo, CA 84009 C. Representative: Tamara Thompson, The Land Group, Inc. —462 E. Shore Dr., Ste. 100,Eagle,ID 83616 IV. NOTICING Planning& Zoning Commission Posting Date Notification published in newspaper 10/5/2022 Notification mailed to property owners within 300 feet 9/29/2022 Applicant posted public hearing notice on site 10/9/2022 Nextdoor posting 9/30/2022 V. COMPREHENSIVE PLAN ANALYSIS 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. The Applicant plans to develop this site as a vertically integrated residential project,which is a desired use in the MU-R designation. The proposed use is listed as a principal permitted use in the C-G zoning district in UDC Table 11-2B-2, subject to the specific use standards listed in UDC 11-4-3-41. VI. UNIFIED DEVELOPMENT CODE ANALYSIS A Conditional Use Permit is requested to exceed the maximum building height listed in UDC 11-2B- 3A.3 of 65 feet for the C-G zoning district to allow an average elevation of 78 feet(85 feet to the highest point of the structures). See application narrative for more information. The project includes two(2)buildings with a connector bridge spanning over E. Longwing Lane for a vertically integrated residential project. The project will include 549 apartment units over ground floor retail and restaurant uses. The south building will include a 733-stall parking garage. Compliance with the standards listed in UDC 11-4-3-41 —Vertically Integrated Residential Project, in Page 2 effect at the time of application submittal,is required.Note:A UDC amendment is currently in process to amend the specific use standards for vertically integrated residential projects (see ZOA- 2022-001 for more information). The Fire Dept. has submitted comments on this application,included in Section IX.0 below. A summary of their report is as follows: "This project can be serviced by the Meridian Fire Dept., but with the concentration and distribution of existing resources, we are unable to maintain an acceptable response time. A FARS system will be required for the structures per Appendix L of the 2018 IFC and City Code. Both structures shall be required to have radio testing done. The Fire Dept. recommends AED's throughout the buildings as access to the upper floors and pool area will be delayed." VII. DECISION A. Staff: Staff recommends approval of the conditional use permit with the conditions noted in Section IX below. Page 3 VIII. EXHIBITS A. Site Plan SITE PLAN GENERAL NOTES(UM11111MIM11 IUD YICL.rf� a SITE PLAN KEYNOTES _ s g �. ® SALT c'I n t rRC.AI BRIDGE SHE PLAN LEGEND ®.. — uj in co 19.E -`gs ri i �. 6! e �g e =M.� Page 4 B. Building Elevations « « EIEYATMINlSEC1HMI GENEHALNOlES ,� ......-»....�......�.-ice.-m...- �? I ,pr 47 Q 'Y 'T7i Y Es i =a« =—_ SA= �r ----�+ BRIDGE E E� Rg QQ (WJ 4 i =t' Sq � ® E%TENIGN NATEFIOL IEGENG , F «+ 3 -GIAGGITPE LEGf#D E: _ ER ®oaf - - - El rcer ww ®—•• Asti �w•^v EEV UT I GECTA.GENENALNOIEN 3E 7 r. T "r"r T r r 4 ?Q 4 44 Q — __ �.�.—.- E T l S « — SA= BRA « o NTH F7 ? n W W EATENIGN NAYEhNLIEC£NG f- �k GUi51YPE LEGEI® F-I KEr rlaN @'—•• A612 Page 5 T I I' I' ISAJUI C, 1E,!�CAl BRIDGE LU C) It !L LU rF ErERIOR WPouu XMI) it W —WEL— KEY claw m"" A613 E]EYATIOUSElI1GNaINEFIXIVES 7` X7 . . ........ .. . . . . --4 si lum ME]El Li LLA EIJEI 1E SA= El El Fl lmf—1 Fl Fl F P! BRIDGE 1 i 1 H i H 1 ii i LSs U 11 m —ILL— LU EXIERIOF MAPENAL IECENG —EAU] 7 -7 7 GIAS MELMW A614 Page 6 —E AMN ISECT GENENMNCIES El CAL �I 1 11 BRIDGE CR i I e+e E LLl Lu 65 EUENIORh1ATERALUMND a F— cussTmeLEGEw I: IY 0 c3�_a 0- - - - KEY 4 - A615 * E ATUWSECT ZENER0 WMS j l j - 4 a« iIi w �i pA ii ,M, III II, II, aNJrIr i i ! eFCFN;I;FIZCAI. 9� -wnev I BRIDGE Y Y Y YY Y Y MM e1 — c�N w=� xf E%iENION NIAS£MNL IEf£NN a � — 9� 1 - 14 !p I _ -�*�3 ®� �GIISSIYPE LEGEIO NEY FiATi ® ®-" A621 Page 7 7,R (7) T y SAMT 0 N I I k�.,I BRIDGE T T I'Q T uj LLI 56 MERI—, H. l E:l NIP, 111 14H Alorp 4— —_T ID—D KEYI­ If SA= LLI 1111 4. 11 in 11111 4HI I Lu EUERIDRMATEI-11— L_j pq EA IT, A623 Page 8 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein [AZ-07- 012;MDA-11-002 (1st amendment to DA Inst. #111052692); MDA-11-012 (2"amendment to DA#112025435). 2. No occupancy uses shall be permitted above the 74'5"level(i.e.rooftop gardens, etc.)per requirement of the Fire Department. 3. The proposed structures shall not exceed an average elevation of 78 feet(85 feet measured to the highest point of the structures). 4. Compliance with the standards listed in UDC 11-4-3-41 — Vertically Integrated Residential Project,in effect at the time of application submittal,is required. 5. 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 structures 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. 6. 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 11-5B-6F. B. PUBLIC WORKS Site Specific Conditions of Approval 1. There is existing water and sewer mains running through the southern building.No permanent structures (trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.) are to be built within the utility easement. Sewer/Water must be rerouted or the plans redesigned to meet City easement requirements Any deviation from City standards will will require a waiver of easement requirements by City Engineer. 2. Ensure no sewer services pass through infiltration trenches. 3. Sewer capacity is available for the 549 units General Conditions of Approval 4. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 5. 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 9 6. 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. 7. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). 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. 8. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 9. 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. 10. 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. 11. 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. 12. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 13. 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. 14. 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. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 10 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridianciiy.org/public_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. MERIDIAN FIRE DEPARTMENT https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=272938&dbid=0&repo=MeridianC Lty D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=276587&dbid=0&repo=MeridianC hty E. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 7712 7&dbid=0&repo=MeridianC ity F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 75048&dbid=0&r0o=MeridianC hty 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 use if the increase in building height request is approved. 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 vertically integrated residential project with an increased maximum building height will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IX of this report. Page 11 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds although the building heights will be taller than others in this area, the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. 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. Stafffinds 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 12