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Delano Apartments CUP H-2022-0082 Findings and Order CITY OF MERIDIAN V IDIAN;_-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for a Multi-family Development Consisting of 84 Dwelling Units on 3.49 Acres of Land in the R-40 Zoning District for Delano Apartments,Located at 3850 N. Centrepoint Way,by Becky McKay,Engineering Solutions,LLP. Case No(s).H-2022-0082 For the Planning& Zoning Commission Hearing Date of. March 16,2023 (Findings on April 6, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 16,2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 16,2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 16,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 16,2023,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. It-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2022-0082 Page I upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of March 16,2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of March 16, 2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-513-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2022-0082 Page 2 G. Attached: Staff Report for the hearing date of March 16, 2023. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2022-0082 Page 3 By action of the Planning&Zoning Commission at its regular meeting held on the 6th day of April ,2023. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MANDI STODDARD VOTED Andrew Seal, Chairman 4-6-2023 Attest: Chris Johnson, City Clerk 4-6-2023 Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 4-6-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2022-0082 Page 4 EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING March 16,2023 Legend DATE: Project Location 0 TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planneruim;� 208-884-5533 SUBJECT: H-2022-0082 ®® ff Delano Apartments CUP gym®m LOCATION: 3850 N. Centrepoint Way, in the SE 1/4 IF of Section 32,TAN.,R.IE. (Parcel FFM #R1798151400) I. PROJECT DESCRIPTION Conditional Use Permit for a multi-family development consisting of 84 dwelling units on 3.49 acres of land in the R-40 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 3.49-acres Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped land Proposed Land Uses Multi-family development Current Zoning R-40(High Density Residential) Proposed Zoning NA Lots(#and type;bldg/common) NA Phasing plan(#of phases) One(1)phase Number of Residential Units(type 84(apartments) of units) Density(gross&net) 24.07 units/acre(gross) Open Space(acres,total[%]/ 0.65-acre(19%) buffer/qualified) Amenities Clubhouse with an office,community room,exercise facility,covered patio with a BBQ area,playground and 50'x 100' open space area. Physical Features(waterways, None hazards,flood plain,hillside) Page 1 Neighborhood meeting date;#of 10/19/2022 attendees: History(previous approvals) H-2019-0027(Development Agreement(Inst.#2020-131190);FP-2021-0001 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) Traffic Impact Study(yes/no) No Access(Arterial/Collectors/State Access is proposed via N. Centerpointe Way.,a collector street,at the west Hwy/Local)(Existing and boundary of the site. Proposed) Traffic Level of Service There are no current average daily traffic counts for N.Centrepointe Way,Eagle Rd. and Jasmine Ln. Stub Street/Interconnectivity/Cross A driveway is proposed to the adjacent property to the east through an existing Access cross-access easement. Existing Road Network N.Centrepoint Way exists along the west boundary of this site. Existing Arterial Sidewalks/ TIA Buffers Proposed Road Improvements None Fire Service No comments were submitted. Police Service • Distance to Police Station 4 miles • Police Response Time 3:43 minutes • Calls for Service 2,037 within a mile of the proposed development • %of calls for service split by priority Priority 3(MPD Goof is within 3 to 5 minutes) 3:44 3:43 �7 Priority 2(MPD Goal is within 8 to 10 minutes) 7:04 8:31 Priority 1(MPD Goal is within 15 to 20 minutes) 11:17 10:20 Calls for Service(CFS)occurring in RD'M724'-Total Count Z037 %of Calls for Service split by Priority %ofP3US 1.6% %of P2 US 55.6% %of PI CF5 37.7% %of PO US 5.1% • Accessibility For climate-controlled buildings,MPD requires police access into each building's entry point using a multi-technology keypad. • Specialty/resource needs None—MPD already serves this geographic area. • Crimes 206 within a mile of the proposed development • Crashes 59 within a mile of the proposed development • Other Reports NA West Ada School District • Distance(elem,ms,hs) Page 2 1 1 :11 1 1 it 1 1 1 -: Vi!n■: e: I!!!!qr SRCON ON; J� INIII . { r::e■r i •I lI III.1 4-■IIIIII %.• ., :-�..- GO �innr�L��� Illnun1.11.11.1.�■!11 +r+_::... ■ r - -+III!�� � --Ira: :tl ` r a�,�y •Y+ p _ L �nnmuu■3 - ME Noe Ir p�lq 11111�� ffft �i■I■I f __ - .• �x : JZA : � �•!,IIIIII I111111111 -I j! 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U.STiCaC ■ - - -■ U S T I C It IIIII!!�i!' I 14, FBI■Y[..1:1' Q � ■.� � ptil �'Illllla 14�iii III. APPLICANT INFORMATION A. Applicant: Shari Stiles, Engineering Solutions,LLP— 1029 N. Rosario Street, Suite 100,Meridian,ID 83642 B. Owner: Open Door Rentals, LLC— 1977 E. Overland Rd., Meridian, ID 83642 C. Agent/Representative: Same as Applicant IV. NOTICING Planning&Zoning Postin Date Newspaper Notification 3/l/2023 Radius notification mailed to properties within 300 feet 3/16/2023 Public hearing notice sign posted 2/26/2023 on site Nextdoor posting 2/27/2023 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Mixed Use—Regional(MU-R) on the Future Land Use Map(FLUM). The purpose of the MU-R designation is to provide a mix of employment,retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D. The Applicant proposes a multi-family development consisting of 84 apartment units at a gross density of 24 units per acre consistent with the density desired in the MU-R designation and the conceptual development plan included in the Development Agreement.A mix of retail stores,restaurants,vertically integrated residential,multi-family residential apartments and single-family residential dwellings exist in this overall MU-R designated area. Transportation: There is a commercial collector street(N. Centrepoint Way)which runs along the west boundary of this site and stubs to the property to the north that will eventually extend to E. Wainwright Dr.No other collector streets are depicted on ACHD's Master Street Map for this site. Access to the site is proposed via N. Centrepoint Way. Page 4 COMPREHENSIVE PLAN POLICIES(https://www.meridianciU.org/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 multi family apartments will contribute to the variety of housing types in the City and will provide housing options in close proximity to employment, retail and restaurant uses in this MU- R designated area. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers." (2.01.01H) The proposed multi family development is located in close proximity to SH-SS/N. Eagle Rd., a major transportation corridor, and to employment centers along that corridor. Transit services are not available to serve this area. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) Buffers to adjoining uses are not required for development in the R-40 zoning district. The adjacent properties to the north and east in the City of Boise's Area of Impact boundary are designated Mixed Use; currently, a single-family home exists to the north and vacant/undeveloped property exists to the east. Multi family apartments about the site to the south (Brickyard).A collector street (Centrepoint Way)separates the property from the single-family homes in the development process to the west. The proposed site design was deemed to be appropriate with surrounding uses with the previously approved annexation and preliminary plat application. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) The proposed multi family apartments will contribute to the mix of housing types available in the City. There is currently a mix of single-family detached dwellings and multi family apartments in this area. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed multi family apartments should be compatible with future uses allowed in the Mixed- Use designation to the north and east and with existing apartments to the south, which should minimize conflicts and maximize use of land. • `Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be Page 5 provided to and though this development in accord with current City plans. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The area surrounding this site has redeveloped except for the properties to the north and east. Development of this vacant site will result in more efficient provision of public services. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop,dine, play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed multi family development is in close proximity to employment, retail and restaurant uses, which should reduce vehicle trips and enhance livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B) Development of the subject vacant land, currently in the City limits, is encouraged over parcels on the fringe of the City. The development of this property will result in better provision of City services. VI. STAFF ANALYSIS CONDITIONAL USE PERMIT(CUP) A CUP is requested for a multi-family development consisting of 84 residential units [(36) 1-bedroom& (48)2-bedroom units] in four(4) 3-story structures on 3.49 acres of land in the R-40 zoning district. Three(3)of the structures will contain 24-units each and the fourth structure will contain 12 units. A single-story 2,446 square foot clubhouse is also proposed along with other amenities for the development. The existing Development Agreement(Inst. #2020-131190) for the larger Delano Subdivision entitled this property to develop with four(4) 3-story apartment buildings with up to 96 units per the conceptual development plan depicted on the landscape plan,as follows: UVI�a U A Li Phasing: This development is proposed to be constructed in one phase; it's the third phase of development of Delano Subdivision. The final plat for Delano has been recorded and the subdivision Page 6 required improvements have either been installed or a surety agreement has been submitted Development is currently still in the first phase. Access: Access to this development is proposed via an existing curb cut approved with the final plat from N. Centrepoint Way, a collector street, at the west boundary with secondary access at the east boundary of the site via Jasmine Lane,a private street. An access easement(Inst. #2021-118517) exists from Centrepoint Way through this property to the adjacent parcel to the east(#R4582530202)for access via Centrepoint Way,as required by the Development Agreement, since that parcel only had access via SH-55/N. Eagle Rd. Pathways:No pathways are depicted on the Pathways Master Plan for this site. A detached sidewalk was constructed with the street buffer along N. Centrepoint Way with the subdivision improvements in accord with UDC 11-3A-17. Walkways from the perimeter sidewalk along the west boundary are proposed to Building A,which fronts on Centrepoint. Pathways are proposed internally for access to each of the structures from parking areas and through common areas to amenities. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C. Staff recommends the Applicant work with the property owner of the development(Brickyard apartments)to the south to see if they'd be amenable to removing a section of the existing fence between the two properties to allow for pedestrian interconnectivity between developments as desired in mixed-use designated areas such as this.If so,the site/landscape plans should be revised accordingly. Fencing: A 6-foot tall solid vinyl fence is proposed along the north, east and south sides of the development as shown on the landscape plan. Staff clarified with the Applicant the fence depicted along the southern boundary is actually the existing fence constructed with the adjacent development to the south; double fencing is not proposed or allowed. Staff recommends the Applicant work with the property owner to the south to create a break in the fence to allow interconnectivity between developments. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: `B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. The proposed multi family structures comply with the minimum setbacks required for the R-40 zoning district listed in UDC Table 11-2A-8; however, the carports proposed along the south &east boundaries of the site do not. The south and east perimeter buffers should be widened to 12 feet to accommodate a minimum 12-foot wide building setback for the carport structures, in accord with UDC 11-4-3-27B.1. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts two (2) trash enclosures that are screened and not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. The trash enclosure should accommodate recycling. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks, and/or enclosed yards. Page 7 Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The site plan states a minimum of 80 square feet of private usable open space will be provided for each unit in the form of decks and patios as depicted on the floor plans (see Sections VITA and D). 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards per the analysis below. Based on 36 1-bedroom units and 48 2-bedroom units, a minimum of 158 off-street parking spaces are required, including guest parking,with 84 of those in a covered carport or garage. A total of 168 spaces are proposed,with 84 of those in covered carports,which exceeds the minimum standard by 10 spaces. Accessible parking is required in accord with ADA standards; a total of six(6)accessible spaces are proposed with two(2)of those being covered carport spaces. Based on 168 vehicle parking spaces, a minimum of seven(7)bicycle parking spaces shall be provided in accord with the standards listed in UDC 11-3C-5C. A total of 44 bicycle spaces are proposed in accord with and exceeding this standard with bicycle racks at each building. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The site plan states the property management office and maintenance storage area will be located in the clubhouse. Mailboxes are proposed on the outer wall of each of the two (2) trash enclosures. A directory and map are proposed to be provided at the clubhouse. The site plan and floor plans submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. C. Common Open Space Design Requirements(UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed ten(10) percent of the gross land area for multi-family developments of five(5)acres or more.Because this site is below 5 acres in size, this standard is not applicable. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: Page 8 a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.None of the units are below 500 square feet(sf.) of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area.All 84 units are between 500 and 1,200 sf.; therefore, a total of 21,000 sf. (or 0.48-acre) of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.None of the units are over 1,200 s.f of living area. Per this standard, a total of 21,000 sf. (or 0.48-acre) of common open space is required. Because this site is below 5-acres in size, the baseline requirement in UDC 11-4-3-27C.1 does not apply. A total of 28,185 square feet(or 0.65-acre) of common open space is proposed consisting of a S,000 sf central common open space area and common areas of at 20'x 20'in area as depicted on the open space exhibit in Section VIII.C. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section VIII.0 meet this requirement. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in one phase. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4-2009)Some of the common open space is located adjacent to a collector street(Centrepoint Way)—Commission approval is needed in order for these areas to qualify toward the open space requirement. The two (2) northern areas depicted on the open space exhibit aren't really recreation areas but the southern area where the pickleball court is proposed is. Therefore, if approved by the Commission,Staff recommends a berm or constructed barrier is constructed between the pickleball court and the street buffer in accord with this requirement. D. Site Development Amenities: All multi-family developments shall provide for quality of life, open space, and recreation amenities to meet the particular needs of the residents as noted in UDC 11-4-3-27D. The number of amenities shall depend on the size of the multi-family development based on the number of units. For multi-family developments with 75 units or more, such as this, four(4) amenities shall be provided with at least one(1) from each category. The following amenities are proposed from each of the following categories: 1)Quality of Life— clubhouse with fitness facility; Open Space—covered patio with BBQ and covered seating at the clubhouse; Recreation—pickleball court with internal pedestrian walkways; and,Multi-Modal— charging stations for electric vehicle. The proposed amenities meet and exceed UDC standards. E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. Additionally, all street facing elevations shall have landscaping along their foundation that complies with the standards listed in UDC 11-4-3-27E.2. The landscape plan submitted with the Certificate of Zoning Page 9 Compliance application should depict landscaping along the street facing elevation of Building A adjacent to N. Centrepoint Way in accord with these standards. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C. Street buffer landscaping along N. Centrepoint Way, a collector street, was installed with the subdivision improvements. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features." The Applicant shall comply with this requirement;a copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations of the multi-family structures were submitted with the annexation application for Delano subdivision as shown below. The existing Development Agreement(DA)requires future development to be generally consistent with those elevations and comply with the design standards in the Architectural Standards Manual. 'ft4 While the style of the proposed elevations is not really consistent with the conceptual elevations included in the DA,they are consistent inform in that they are both 3-stories in height with balconies and patios for each unit with a variety of materials and have similar modulation. The proposed elevations have pitched roofs with architectural asphalt shingles,vertical fiber cement board and batten siding, fiber cement horizontal lap siding with stone wainscot accents. Staff is of the opinion the proposed design is preferable as it's more consistent with the style of residential structures in the surrounding area and will blend better. Therefore, Staff does not recommend a modification to the DA. Final design of all structures is required to comply with the design standards in the Architectural Standards Manual and will be reviewed for compliance with these standards with the Design Review application. Compliance with the building code requirements for separation between structures within the development is required. Public testimony has been received requesting the structures along the north and west boundaries of the site be limited to 2-stories in height to better transition to the existing single-family home to the north and future uses on that property,which is designated as Mixed-Use. Other testimony notes that the development is too dense and doesn't have enough parking to adequately serve the development. Note:Staff has not recommended changes to the development plan pertaining to number of stories and/or transition to adjacent properties as this property was entitled to develop as proposed with the Development Agreement. Page 10 VII. DECISION A. Staff: Staff recommends approval of the proposed Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on March 16,202.At the public hearing.the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing: a. In favor: Becky McKay,Engineering Solutions(Applicant's Representative) b. In opposition:None c. Commenting: Laura Trairatnobhas: Jim Ostyn: Paul Miller: Robert Hartley: d. Written testimony: Becky McKay.Engineering Solutions(Applicant's Representative): Laura Trairatnobhas: Jim Ostyn:Mike and Melissa Barnard: Bill and Marge Schumacher: Mac and Janice Hartley: Marian Van Ausdal and Alice Clovis: Sherry and Chuck Garey e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Concern pertaining to traffic generated from the proposed development and adequacy of parking for the development: b. Concern pertaining to the existing multi-family development(Brickyard)to the south not having enough on-site parking and exacerbating the issue with this development C. Question if a traffic study had been done that accounted for the intensity of development in this area and the adequacy of the existing roadway network to handle the traffic: d. Concern pertaining to the amount of traffic that will use Centrepoint and streets in adjacent neighborhoods. 3. Key issue(s)of discussion by Commission: a. The proposed development is consistent with the existing entitlements for the property. b. In favor of the relocation of the clubhouse internal to the development and the proposed common open space area. 4. Commission change(s)to Staff recommendation: a. None Page 11 VIII. EXHIBITS A. Proposed Site Plan(dated: 2/22/23) YICINUMAP AERIAL MAP PROJECT DIRECTORY WE DATA DEVELOPMENT DATA i ORMER PLANNER/CML LDi - __ 19TW SF,1.,u.6 K13 L 1 f IL I --------------- T.I OCATIO, w�� a u m IREMOFFiv P EaeMw«kxw xi�inxr p�rc xm. m .i.zwrs:zeumrss xuxns r° - MEAROwm ARCHITECT LANDSCAPE stterc! L E i ut m v 1 sw Fl nFl io rr Lr T 1 ¢uxns -TH �, '. .,.. a M«.xa.� ipp6+ pe wsnnwr wxerc la®cfxvz xns unxcl ertvw¢Ao airs nk.mxs tx Livik utrs(.ul _ vwmrok«w a l� �S[¢ _ �,rs teak wrs(s-al N OPEN SPACE ANALYSIS m I n w sa fT.4ix.xcars Fn=mfx DELANO APARTMENT S li _ awsfx.wcr was "i"w usus,iw.x ucwswss nw N.CENTREPOINT WAY n Imo{ �1 rf �I /I 4 I II, I Nu�agw oFSGxEWNcwumNn5 xoo FE, 1-1s IBr. MERIDWJ,IDRH083646 JF. a-rr IL IY� rc°fm a.A 1 P J `Trt `� PARKING ANALYSIS y l9C1 L S 1 ax° I ° .�nL, x uam z�mcrm u 1 -_ xW°O4 a[°�M�ux exx5 r[xxVM E anAN° 'f` L i wm�k u zo Pw uxn sn k� 1� cwus' I�,, V�oE�Gc oa soo ss n u °xILAIXCG —LL '�"�u a"J a w A cn G—o:5 __II I Q I V auwxc f i.s4ix ❑ Cr lY "� w awry cstws amIT 1 -! " �. I i I I T J TJC=1 ,�a a���—x°xEan�°I x°�I, 5=_,x n� r-1- m �w�xk�rtartg I I - _ �� �. �i~-r n � � t l �� � � n � Ir•! ----� _ {°�a�a� AT t� PROJECT AMENITIES �I -aA6. SITE PIAN ® �n.w., IT w o�f AS 1.0 1 m STE PLAN Page 12 B. Proposed Landscape Plan(date: 2/27/2023) _ OI PLANTER GUT ESED ED6E 1 ' WMI 3 I II i ENSENBELTS I r ^uaxc�nava.mrwwxu, ..wa n.n SHRUB I,^, �� O B PLANTING I l l Z 1 - W z o a PLANT PALETTE EL a c ��»° S�.Qa fO"�° ,,..L a.. NOTES eew.,um,x.<ewmu.:c wim>�surc or�v.wws1x+xce O3 TREE PLANTINWSTAKIN& w«- <. U In ewm.mrovn r�rwn xrr.wrn viuw.e.rr�, �we.e oiunac'o wx sz r.aawm o.a ccaxre,�swe swow„ecrb s 'M':3M'v.,a. lot �Mr+m.ve cnNnrae nY�5.,Fr6cat w.raxr sWe.e ocvwenagvsmxriiv�m-ms ia.,nwsrur ee urmm.o.cweeo��vrivrin.� wa vcsr - r.w.�.nw moo.�..ff roff �. mrn rxas. acw.on..re .^eCOiVCEPT SITE DATA cs..nr �w arnsw,urcx c�sn,e LANDSCAPE PLAN ea.ra wrsvm nccn rscsm.�s srsw,s�wcuws zw ��,�� a..o .ok v— -,m. 4 6'SOLID VINYL PRIVACY FENCE v�H®ur'e x xmna ,m%.r>xrxce rw.mww,rgan• s u`-"i Page 13 C. Qualified Open Space Exhibit(dated: 2/27/23) TA10 THEARENIfE(i50FFIa9 OPEN SPACE ANALYSIS - EI � 7MIR � R 1) ELAN0 I L' ae r -I I — W—— jOFS AID A P A R T M E N T S ILI E T I I 2 ) -� d" EIECI IIS 250SF ICR R 2fA05F _ h r 'E RRmnom���......._....._....._...zs.iss s.r N.CENRIEPoINT WAY ��1 Y FE ��oh�c n couMon MERIOWJ,ID0.HG 03646 .I. -0000 JAL ��. .1 ciueeousE �� B G A --. t -.. NC eu Pw McmFl (' cso y�N� _!I�Ff 1OPEN SPACE EXHIBIT ® AS1'1 OPEN SPACE EXHIBR Page 14 D. Conceptual Building Elevations &Floor Plans for Multi-Family Structures &Clubhouse (dated: 2/27/23 &4/14/22) TA10 __j iHEARCEETOFFIV m m m m m m m m m m m m BUILDING TYPE 1 FRONT ELEVATION �. DELANO A P A R T M E N T S N_CENIHEPDINTWAY MERIDIAN,IDAHO 83645 m m m mOM r ax m m w m00 m m BUILDING TYPE 2 FRONT ELEVATION m o m m o m m o m m o m ■ ® ® ■ ■ ® � ® ■ AA5.0 TYPICAL SIDE ELEVATION TYPICAL SIDE ELEVATION TN DuiLolNc ELEVAraNs Page 15 TAM TNEA10IM MOFFILFR Y I I -...........,. LA Y Y n 5 EA €_a"-- DELANO APARTMENTS ulni�ur,la�c 1 � BUILDING TTPE 1 FIRST FLOOR PLAN I �pQy v � SD2.2 BINLOINO PPE 2 FIRST FLOOR PLAN TA02 TOEAROIRELIS OFF IGEA DELANO APARTMENTS � a 0 UNIT TYPE 1.1 UNIT TYPE 2.2 FLOOR PLAN - 2 FLOOR PLAN SD2.3 Inrt vwxs Page 16 TAM THEAMUKISOFFIEE9 ©V J0 tg� BUILDING SECTION mIIDIN6 SECTION DELANO APARIIIEIIS a� ® L27 � m � rAiuouw.Daxo "3 BUILDING SECTION N -- SNDIIIRIO NECIIOR 6BUILOING SECTION 302.6 BUILDING SECTION BUILDING SECTION - TAM THEARIINMOOFFIV IT] Ell El 0 ❑ � -� NORM FIL"AnoN DELANO ❑ ----- p. APARrEEM INNWI.LWp 3NIEBEELENAnBN _e mRII EL"AnON �S02.7 .".FmrL"A"m ...•. IYILNLN ACfYAI Page 17 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The developer shall comply with all previous conditions of approval for this property [H-2019-0027 (Development Agreement(Inst. #2020-131190);FP-2021-00011. 2. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 3. Submit floor plans demonstrating compliance with the minimum private usable open space standard of eighty(80) square feet for each unit in accord with UDC 11-4-3-27B.3 with the Certificate of Zoning Compliance application. 4. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 5. Comply with building code requirements for separation between structures within the development. 6. The Applicant should work with the property owner of the development(Brickyard apartments)to the south to see if they'd be amenable to removing a section of the existing fence between the two properties to allow for pedestrian interconnectivity between developments as desired in mixed use designated areas such as this. If so,the site/landscape plans should be revised accordingly. 7. Provide a minimum of 0.65-acre of qualified open space as shown in the open space exhibit in Section VIII.0 that complies with the standards listed in UDC 11-4-3-27C. 8. Site amenities shall be provided from each of the following categories: 1) Quality of Life— clubhouse with fitness facility; Open Space—covered patio with BBQ and covered seating at the clubhouse; Recreation—pickleball court with internal pedestrian walkways; and,Multi-Modal— charging stations for electric vehicles,in accord with UDC 11-4-3-27D. Other comparable amenities may be considered by the Director. 9. The trash enclosures shall accommodate recycling. 10. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the 6-foot tall solid final fence along the southern boundary of the site as"existing" fencing.Double fencing is not allowed. b. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. c. Depict landscaping along the foundation of the street facing elevation of Building A adjacent to N. Centrepoint Way as set forth in UDC 11-4-3-2 7E.2. d. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-12C. e. Widen the perimeter buffers along the south and east boundaries of the site to 12 feet to accommodate a minimum 12-foot wide building setback for the carport structures,in accord with UDC 11-4-3-2 7B.1. f. Depict the location of electric charging stations for electric vehicles. Page 18 g. Commen open spaee areas shall not be adjaeent to eelleeter-or-ar-ter-ial street buffefs tifiless appfoved by the Ceffffnission. if appfo e ,*The common area on the southwest portion of the site where the pickleball court is located shall be separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access in accord with UDC 11-4-3-27C.7.Note: The Commission approved the location of the common area adjacent to the collector street buffer. 11. 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 and the design standards listed in the Architectural Standards Manual. 12. 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 1. Site Specific Conditions of Approval 1.1 Ensure no sewer services cross infiltration trenches. 1.2 Additional 9109 gpd committed to model. WRRF decline balance is 14.56 MGD 1.3 Must provide to and through to R4582530202 and R4582530100. 1.4 Sewer and water running in parallel require 30ft easement. 1.5 Sewer must be at least 1 Oft from edge of easement. 1.6 Carports and other permanent structures(trees,bushes,buildings,trash receptacle walls, fences, infiltration trenches, light poles,etc.) cannot be built within the utility easement. 1.7 Project is consistent with the Master Plan. 1.8 Fire flow modeled at 1500 gpm. If more flow is needed contact Public Works to Discuss. 1.9 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.) are built within the utility easement. 1.10 Streetlights are existing for this project. 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. Submit an executed easement(on the form available from Page 19 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. 2.4 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. 2.5 Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.15 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 20 2.17 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciU.o�ublic_works.aspx?id=272. 2.19 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. 2.20 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. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT https://weblink.meridianciU.oLgzl ebLinkIDocView.aspx?id=286934&dbid=0&repo=MeridianCiU&cr =1 E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=288839&dbid=0&r0o=Meridian City F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=287361&dbid=0&r0o=Meridian City G. SETTLER'S IRRIGATION DISTRICT(SID) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=287325&dbid=0&repo=MeridianCity H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=290485&dbid=0&repo=MeridianCity I. ADA COUNTY HIGHWAY DISTRICT(ACHD) hggs://weblink.meridiancity.org/WebLink/Doc View.aspx?id=290645&dbid=0&repo=MeridianCiiy J. IDAHO TRANSPORTATION DEPARTMENT(ITD) hyps://weblink.meridianciU.org/WeUink/Doc View.aspx?id=288120&dbid=0&repo=Meridian City Page 21 X. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 zoning district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent with the future land use map designation of MU-R and is allowed as a conditional use in UDC Table 11-2A-2 in the R-40 zoning district. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for and existing in this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. The Commission finds that essentialpublic services are available to this property and that the use will be adequately served by these facilities;see comments in Section IX from WASD. Page 22