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Stapleton Apartments CUP H-2023-0033 Findings CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ",A H O DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Stapleton Apartments consisting of 5 two-story buildings and 19 multi-family units on 2.07 acres of land,Located at the Northwest corner of S.Meridian Road and W.Harris Street(Parcel#R8107431420)in the R-15 Zoning District,by The Architects Office,PLLC. Case No(s).H-2023-0033 For the Planning& Zoning Commission Hearing Date of: July 20,2023 (Findings on August 3, 2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 20,2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 20, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 20,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 20, 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. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [STAPLETON APARTMENTS-FILE H-2023-0033] Page 1 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of July 20,2023,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 § I I- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Conditional Use Permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of July 20,2023,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 11-5B-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [STAPLETON APARTMENTS-FILE H-2023-0033] Page 2 G. Attached: Staff Report for the hearing date of 2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [STAPLETON APARTMENTS-FILE H-2023-0033] Page 3 By action of the Planning&Zoning Commission at its regular meeting held on the 3rd day of August ,2023. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER JARED SMITH VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MANDI STODDARD VOTED COMMISSIONER ENRIQUE RIVERA VOTED Andrew Seal, Chairman 8-3-2023 Attest: Chris Johnson, City Clerk 8-3-2023 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: 8-3-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [STAPLETON APARTMENTS-FILE H-2023-0033] Page 4 EXHIBIT A fE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT i4 H O HEARING July 20,2023 Legend ' DATE: t Project Location TO: Planning&Zoning Commission FROM: Stacy Hersh,Associate Planner 208-884-5533 { SUBJECT: Stapleton Apartments CUP - a H-2023-0033 LOCATION: Northwest corner of S. Meridian Road and W. Harris Street in the i SE '/4 of Section 25,T.3N.,R.1W. f3 ; (Parcel#R8107431420). o I. PROJECT DESCRIPTION Conditional use permit for a multifamily development consisting of 5 two-story buildings and 19 multi-family units on 2.07 acres of land in the R-15 zoning district which is part of the overall Stapleton Subdivision community. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.07-acres(R-15 zoning district) Future Land Use Designation Medium-High Density Residential(MHDR) Existing Land Use(s) Vacant Proposed Land Use(s) Multi-Family Residential Lots(#and type;bldg./common) One(1)multi-family residential building lot Number of Residential Units 19 multi-family units—Five(5)two-story buildings (type of units) Density Gross—9.18 du/ac. Open Space(acres,total Stapleton Subdivision was approved with 4.95 acres of common [%]/buffer/qualified) open space which amounts to 13.9% Amenities At a minimum,2 amenities are required—See the amenity Exhibit in Section VII below. Basketball court,dog park for small dogs,24'x 36'children's play structure,swings,rock climbing boulders and a climbing dome structure,big wheel track,benches,pedestrian pathways,and segment of the multi- use pathway system is provided for the overall Stapleton Subdivision Neighborhood Meeting date 5/4/2023 Page 1 EXHIBIT A Description Details Page History(previous approvals) Stapleton Subdivision AZ,PP,VAR H-2018-0129 (Development Agreement Inst.#2019-110907);Stapleton Subdivision H-2019-001; Stapleton No. 1 FP H-2019-0117;FP- 2020-0014;FP-2023-0003;FP-2023-0006)7. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Traffic Impact Stud es/no No Access Access is proposed to S.Meridian Road(SH-69)via W.Harris Street,a (Arterial/Collectors/State collector street connection at the very northeast corner of the site via N.Lone Hwy/Local)(Existing and Pine Way. Proposed) _ Existing Road Network W.Harris Street and N. an existing 2-lane collector street and N. Lone Pine Way an existing collector street. Existing Arterial Sidewalks/ The sidewalks along the W.Harris Street and N.Lone Pine Way Buffers frontages are complete;buffers are existing along W.Harris Street and the parkway is completed along N.Lone Pine Way. Proposed Road Victory Road is listed in the CIP to be widened to 3-lanes from Linder Improvements Road to Meridian Road between 2022 and 2026 is scheduled in the IFWP. Victory Road is listed in the CIP to be widened to 3-lanes from SH-69 to Locust Grove Road between 2026 and 2030. The intersection of Amity Road and SH-69 is listed on the CIP to be widened and si nalized between 2026 and 2030. Police Service No comments received. • Development Location • Police Response Time • Response Time Goal • Calls for Service • Other Wastewater •Flow is committed •Ensure no sewer services pass through infiltration trenches. Water •Distance to Service-Water available at site •Pressure Zone-5 •Estimated ERU-See Application •Water Quality Concerns-None •Project Consistent with Master Plan-Yes Impacts/Concerns- -No public water infrastructure shown in record.Any changes must be reviewed by public works. •Provide water connection to the SW property. •Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. •Fire Hydrants and water meters required 20'easement up to and 10' beyond the hydrant/meter. Page 2 • 1 - . 1 1 1 1 11111 1111111�j•1�i�i I� �,. , *�r n 041 - • - e 11111 11/1►��1 III�.��.�� _ � s miss mom ♦ ♦�I�\� IIIU 1 ° 1 �nnnnn Z ' Qn 1:1 �� �)� IIIIIIIIIIII/�j rQ a 111111111111 � ° • ����//1111111111 1"1 ���/1111111111 W '�` ������.. - • e =�' �': III - • D I - nnnl_� a�j ,r _I pl - - • - e I �♦ -.i��;�i�I� � ♦ -.i��;�i Ala E MOM ♦ ♦. I ��'��\.111�11�1►��1�11��11, • -• '• - 11�1►�Q ♦ j11I�\ IIII�i♦ ♦1�♦ ���\IIIIIII p��1♦��1�I��� IIII=��.1♦,�1�II�- \IIII\�I���������+� — IIII! \IIII��I���•�•���+� 1 l-inn m..nn►a 11 ►!1 1 l-_dun w..nn►a I i1 ��i ���i ����'II' -.��:J•� ��i� ��i ���/llllllllll n1►j������i��� � 0 =-LIJ ������- =ullj�i���i�� �IIIIIIIIII W 111► �ii�ii��� �-� �-.��- =Ilu���i��i����� =IIIIIIIIII- -oc =�IIIIIIIIIII==- 11111 _I�= ii�i■+O — 11111111 =IIIIIIIII1I _ II IIIIIIII it 19:1��19r1+ -� �������Il:fl' I�1111111 l�- �11111� � IIIIIIII C �I_fOl ' �IIIp11 1111111.� 11 i 1 •- 1 1 i i 1 t i 11 11 EXHIBIT A IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 7/3/2023 Radius notification mailed to properties within 500 feet 6/30/2023 Public hearing notice sign posted 7/10/2023 on site Nextdoor posting 6/29/2023 V. STAFF ANALYSIS A. PROPERTY HISTORY&COMPREHENSIVE PLAN ANALYSIS: Land Use: This property is designated Medium High-Density Residential(MHDR)on the Future Land Use Map(FLUM). LAND USE: MHDR areas are locations recommended primarily for relatively dense multi-family housing types, such as row houses,townhouses, and condominium and apartment buildings and complexes. These areas should have a mix of housing types that achieve an overall average density target of 12 dwelling units per gross acre with densities ranging from 8-15 units per acre. MHDR areas typically are relatively compact areas within a larger neighborhood and generally should be located around and near more intensely developed areas, such as Mixed Use Commercial or Employment areas,in order to provide convenient access to these commercial activity and employment centers for the greatest number of residents.Apartment buildings are desired to be accessed via shared entrances and hallways. Proposed Use: A two-story multi-family development containing 19 dwelling units consisting of five(5) residential apartment buildings with a gross density of 9.18 units per acre consistent with the density in the MHDR designation. The conceptual development plan included in the Development Agreement initially proposed 28 units. However,the Applicant believes that this location would be better served with larger units instead, and therefore,reduced the number of total units thereby increasing the square footage for each unit. The Applicants decision took into consideration the proximity of a larger future multi-family project planned directly to the west of this site. COMPREHENSIVE PLAN POLICIES(https://www.meridiancitV.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 diverse housing options suitable for various income levels, household sizes, and lifestyle preferences. (2.01.01). This projectproposes S buildings units with 19 units total. This increases the diversity in housing and meets the needs,preferences, and financial capabilities ofMeridian's present and future residents. • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Page 4 EXHIBIT A The proposed multi family apartments will contribute to the diversity of housing options in both the City as a whole and specifically in this area. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City."(2.01.01G) 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, single-family attached dwellings, and a future multi family development in this area. • `Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and through 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 west. Development of this vacant site will result in more efficient provision ofpublic services. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Approved with the development of Stapleton Subdivision No. 2. • "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. Staff finds this development to be generally consistent with the Comprehensive Plan. B. UNIFIED DEVELOPMENT CODE(UDC)ANALYSIS Conditional Use Permit(CUP)—Multi-family Development(UDC 11-4-3-2 Specific Use Standards: A. Purpose. 1. To implement the goals and policies of the Comprehensive Plan: a. Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. b. Require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities as part of new multi-family residential and mixed-use developments. 2. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. Page 5 EXHIBIT A a. To create quality buildings and designs for multi-family development that enhance the visual character of the community. b. To create building and site design in multi-family development that is sensitive to and well-integrated with the surrounding neighborhood. c. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. B. Site design. 1. Buildings shall provide a minimum setback of ten (10) feet 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 site plan complies with this standard 2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash standards for only one (1) trash enclosure provided for the multi family development. Staff recommends that the Applicant work with Republic Services to establish an approved location for the trash enclosures,as well as,an adequate quantity of trash and recycle bins to service this development prior to the submittal of the CZC Application. All proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards.Landscaping,entryway,and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standards would create an inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as outlined in section 1 I-5B-5 of this title. The submitted elevations depict several outdoor patios and balconies that may qualify for the requirement. However, without floor plans, Staff cannot verify if each unit is proposed with the minimum required area. Compliance with this standard will occur with the future Certificate of Zoning Compliance(CZC)application;the Applicant is required to comply with this requirement or submit an Alternative Compliance application to seek a reduction to the required private open space standards. 4. For this section, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space. None of these areas were used in the open space calculation. 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 adhere to this standard. 6. The parking shall meet the requirements outlined in chapter 3, "regulations applying to all districts",of this title.See the parking section in the general analysis below. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. C. A central mailbox location, including provisions for parcel mail, that provides safe pedestrian and/or vehicular access. Page 6 EXHIBIT A d. A directory and map of the development at an entrance or convenient location for those entering the development. The Applicant is not proposing more than 20 units (19 units) so the Applicant is not required to provide the items above in compliance with this standard. C. Common open space design requirements. 1. The total baseline land area of all qualified common open spaces shall equal or exceed ten (10)percent of the gross land area for multi-family developments of five (5) acres or more. Because the site is only 2.07 acres, this standard does not apply. 2. All common open spaces shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for land use after all other development elements have been designed.Open space areas that have been given priority in the development design have: (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards; and (4) Support a range of leisure and play activities and uses. b. Open space shall be accessible and well-connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering, and relaxation to serve the development. Staff finds the proposed open space areas within the Stapleton development complies with these standards by providing open space that is well connected, highly visible, and promotes health and well-being by supporting a range of leisure and play activities with the proposed amenities and general design of the open space within the Stapleton Development. 3. All multi-family projects over twenty(20)units shall provide at least one(1)common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway, are exempt from this standard. a. Minimum size of the common grassy area shall be at least five thousand(5,000) square feet in area.This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. b. Alternative compliance is available for these standards if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land-use designations with collectively integrated and shared open space areas. Page 7 EXHIBIT A Because the site is only 2.07 acres, this standard does not apply. The submitted plans include several open common grassy areas, each looking to be under 5,000 square feet in size. These areas are situated next to buildings B, C, and D. According to the Stapleton Annexation and Development Agreement(Inst.#2019-110907);H-2018-0129),the site was required to develop with a minimum of 10% open space (4.95 acres) to include the following amenities: centrally located half-acre park with children's play structures consisting of a 24'x 36'play structure, swings, climbing dome, rock climbing boulders, basketball court,big wheel track, and seating with a 4-foot tall wrought iron fencing with a gated entry surrounding the park for children's safety; and a dog park for small dogs with seating areas., internal walking paths, a 10 foot wide multi-use pathway within the street buffer along SH-69. 4. In addition to the baseline open space requirement,a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150)square feet for each unit containing five hundred(500)or fewer 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. Floor plans were not submitted to verify the square footage for the units. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200)square feet of living area. Floor plans were not submitted to verify the square footage for the units. The Applicant is required to provide common open space based on the square footage for each unit type. The submitted plans do not depict the square footage for each unit type(19 three-bedroom units are included on the plans). Staff recommends that the Applicant revise the plans submitted with the future Certificate of Zoning (CZC) application that meets the requirements of UDC Code 11-4-3-27.C for the site. 5. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty(20)feet. The common open space areas depicted/approved for the overall Stapleton development meet this requirement. 6. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. Staff is not aware of any phasing for the proposed project. 7. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to a collector or arterial streets unless separated from the street by a berm or constructed barrier at least four (4) feet in height, with breaks in the berm or barrier to allow for pedestrian access. The Applicant is not including or requesting that the required 20 feet street buffer along W. Harris (collector roadway)and N.Lone Pine Way(local roadway)be included as part of the open space calculations. D. Site development amenities. 1. All multifamily developments shall provide for quality of life, open space, and recreation amenities to meet the particular needs of the residents as follows: Page 8 EXHIBIT A a. Quality of life. (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with a waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage b. Open space. (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables, benches, landscaping, and a structure for shade. c. Recreation. (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop. (4) Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of the multifamily development as follows: a. For multifamily developments with less than twenty(20)units,two (2)amenities shall be provided from two(2) separate categories. b. For multifamily development between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided,with one(1) from each category. c. For multifamily development with seventy-five (75) units or more, four (4) amenities shall be provided,with at least one(1)from each category. d. For multifamily developments with more than one hundred (100) units, the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection (D), provided that these improvements provide a similar level of amenity. Page 9 EXHIBIT A To satisfy the specific use standards for the proposed 19 multi family units,a minimum of two amenities, one from each category, must be provided According to the submitted plans and narrative,the Applicant has notprovided any amenities within this development. The Applicant should revise the plans submitted with the future Certificate of Zoning (CZC) application that meets the requirements of UDC Code 11-4-3-27.D for the site. E. Landscaping requirements. 1. Development shall meet the minimum landscaping requirements by chapter 3, "regulations applying to all districts",of this title. 2. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three(3) feet wide. b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24)inches shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. According to the submitted landscape plans, the Applicant is showing compliance with this standard. F. Maintenance and ownership responsibilities. All multifamily 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 and provide said document at the time of CZC submittal. Code Analysis— Dimensional Standards (UDC 11-2A): The proposed development is required to comply with the dimensional standards listed in UDC Table 11-213-3 for the R-15 zoning district and those within the specific use standards for Multi- family Development discussed above(UDC 11-4-3-27). The R-15 zoning district has a minimum landscape buffer requirement of 20 feet to any adjacent collector street . According to the submitted concept plan,the 20-foot landscape buffer to W. Harris Street and N. Lone Pine Way are compliant with the required dimensional standards. The R-15 zoning district has a maximum height limit of 40 feet. The submitted conceptual elevations depict 35 feet for all buildings proposed as two-story in height. The Applicant meets this standard. With a future CZC application, Staff will confirm conformance with the required dimensional standards of the R-15 zone. The submitted plans show compliance with all dimensional and specific use standards, including but not limited to, building height, setbacks, and accesses. Existing Structures/Site Improvements: There are no existing structures on the property. In addition,there are existing 5-foot wide detached sidewalks along W. Harris Street and N. Lone Pine Way that will be protected and maintained during construction. Access(UDC 11-3A-3): All-access was previously approved with the Stapleton preliminary plat. There are two primary accesses for this project that will occur from N. Lone Pine Way via W. Harris Street.which Page 10 EXHIBIT A connects to S. Meridian Road. There is additional access through numerous roads in the Stapleton Subdivision. According to the Development Agreement(Inst. #2019-110907),the Applicant is required to provide an emergency vehicular connection between this site and the planned multi family development to the west for interconnectivity. The submitted plans depict a drive aisle on the south side that stubs to the R-40 property to the west. Prior to CZC submittal the applicant shall submit and record an emergency access easement. Off-street Parking(UDC 11-3C-0- Off-street parking for multi-family developments is required to be provided per the table in UDC 11-3C-6 based on the number of bedrooms per unit. The Applicant is proposing 19 units consisting of nineteen(19) 3-bedroom units. In addition, one(1) guest space for every 10 units is required per UDC 11-3C-6. Based on the total number of units proposed and the bedroom count distribution, a minimum of 59 parking spaces, with a minimum of 19 of these spaces to be covered in a garage or by a carport.According to the submitted site plan, the Applicant is proposing 58 spaces with 24 of these spaces to be covered by a carport. The proposed parking is short I stall from meeting the minimum code requirements; nevertheless, one additional parking stall should be added. Additionally, the plan submitted is deficient in trash enclosures for this site, which may impact the proposed parking. The trash enclosure shown on the plan should be designed to accommodate recycling. The applicant is required to obtain Republic Services approval of the trash enclosure prior to the submittal of the CZC application. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Based on 59 spaces, a minimum of 2 spaces are required, a total of 4 spaces are proposed in excess of UDC standards. A detail of the bicycle rack is not included on the plans submitted. Staff recommends that the Applicant include an additional parking stall to meet the parking requirements in UDC 11-3C-6 and allocate additional parking spaces within close proximity to the development to accommodate overflow parking needs.Additionally, a detail of the bicycle rack should be included on the plans submitted with the CZC Application. Sidewalks (UDC 11-3A-1 and pedestrian walkways(UDC 11-3A-19): A 5-foot wide detached sidewalk is existing along W. Harris Street and N. Lone Pine Way connecting to the multi-family development. The Applicant is also proposing attached sidewalks and other pedestrian walkways throughout the entire site. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks per UDC 11-3A-19B.4b. The proposed pedestrian sidewalks shall be constructed with a different material than the driving surface with the plans submitted the CZC Application. Landscaping(UDC 11-3B): The Applicant is required to construct a 20-foot wide street buffer along W. Harris Street and N. Lone Pine Way,both are collector streets, in accordance with UDC 11-313-7.3. Landscaping is required within parking lots in accordance with the standards listed in UDC 11-313-8C. According to the submitted landscape plans, all required landscaping appears to be shown including the required number of trees adjacent to W. Harris Street, N. Lone Pine Way, within the parking lot islands, and next to drive aisles. Any existing landsping installed with Stapleton No. 2 should remain protected during construction on the site. Page 11 EXHIBIT A Fencing(UDC 11-3A-6,11-3A- • All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A 5-foot tall solid wrought iron fence is proposed along the west side of the development,an existing 6-foot vinyl fence is located on the north and south side of the development as shown on the landscape plan. The landscape plan appears to be in compliance with this requirement. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments by the City's adopted standards, specifications, and ordinances. Design and construction shall follow best management practices as adopted by the City as outlined in UDC 11-3A-18. Storm drainage will be proposed with a future Certificate of Zoning Compliance application and shall be constructed to City and ACHD design criteria. Pressurized Irrigation(UDC 11-3A-IS): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15.No irrigation plans have been submitted the CUP Application at this time but Staff anticipates this will be handled with the future Certificate of Zoning Compliance that is required prior to building permit submittal. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted conceptual elevations of the future multi-family buildings. Multi- family residential projects require Administrative Design Review(DES) approval with future applications so Staff will perform a thorough analysis at that time against the requirements in the Architectural Standards Manual. Further,an application for a Certificate of Zoning Compliance (CZC)will also be required to be submitted for this entire development before the building permit submission. Initial review of the conceptual elevations depicts multiple buildings with varying roofprofiles and materials including stone, horizontal lap siding, vertical board and batten siding, stained wood, and fenestration. VI. DECISION A. Staff: Staff recommends approval of the requested Conditional Use Permit per the conditions of approval included in Section VIII in accord accordance with Findings in Section IX B. The Meridian Planning&Zoning Commission heard this item on July 20,2023. At the public hearing.the Commission moved to approve the subject Conditional Use Permit request. 1. Summary of the Commission public hearing: a. In favor: David Ruby,The Architects Office.PLLC b. In opposition: Mary Scheller,Natalie Knighton, Georgia Konkoly,Ruth Brogdon.Linda Stevens.Mitchell Johnson,Karen Helms, Cameo Rogers, Steele Stone c. Commenting: David Ruby, The Architects Office.PLLC d. Written testimony: Stacy Cable e. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor 2. Key issue(s)of public testimony: a. Concerns regarding the increase in traffic on W. Harris Street and through neighborhoods,as well as traffic safety due to the lack of a traffic signal on W. Harris Street to turn on Meridian Road out of the nearby developments. Page 12 EXHIBIT A b. The Developer failed to disclose the Stapleton Apartments project to the adjacent homeowners in Stapleton Subdivision,nor did they inform them that the apartments are part of the overall Stapleton Community's CC&Rs. 3. Key issue(s)of discussion by Commission: a. Safety concerns with crossing the road from the apartments to access the amenities within the overall Stapleton Community. 4. Commission change(s)to Staff recommendation: a. Ensure that the additional amenity recommended by Staff is accessible by the overall Stapleton Subdivision community consistent with the development agreement. VII. EXHIBITS A. Site Plan(dated: May 30,2023): REnom m PRDIELT SITE SUMMARE TAIR rr.l a:w 1 ._..___—__ .._.-------- _____ ______ _ � PANUM6SUMMARY SIAPLETONI APNRTMENTS BYILRINB Y UNIr SUMMARE AMENITY AMFNm AND OPEN SPACE SUMMNn � STBRN BRIYAGE SUNMARr NESELOPER. IMM1UC11 HOMES . / 19R9RIYGNSr RRNR MERMYN,IP 63145611 IAYOSGNE JENSEN MELTS ASSES ATIS IRGXIflGi' 1599 TTRELL V, �- 1 OYHIRLLSIEE PLAN //J NOME,IOAXO13TR1 UV ® / 121191 N3 7175 CIVIL � EMGIYEER: NM EMGIYEERIM6 ST25 N.1ISGOYEIIT I HOME.M 13713 1203163MR31 APARTMFNI BUILDING FINISH NEE 0.11 THE 1NLHITEGISOFFICE PLLG A100 L� III ANY: '11 MIN ST. E 1$"�: MOLNE,IH N3702 , . '.,,.�. I29913922931 JEf Ln11 Page 13 EXHIBIT A B. Landscape Plan(dated: May 30,2023): _ /M PLANT PALGTTG _ _ .. 13A — — _17LHABRl,S�L w�'�w`� w..mw '�ti,`-• '¢¢77�yy� Sr.JIiP.x1� STAPLERN APARTMENTS NOTE5 DEVELOPMENT DATA w=rwwr.r.«„m.rw..v..m�.w LANDSGAPG CALCULATIONS u rr www«.r.w.w. t53k.... k Q.ws r�-,wriu�����•� ,ate riw,mxbnTwrnas Y' �rscN. ep.... O coxr�.0 Page 14 EXHIBIT A C. Conceptual Building Elevations BE'fN�®---- �'" gLy 1RTBILT 9"UM BUBJ NWPE I ........ STAPLETON APARTMEN75 GENERAL NOTES 2FRONT ELEVATION-BUILDING TYPE 1 �- w.w LEFT ELE1 IDN BUILDING TTPE I 4 REAR ELEVATION BUILDINGTIPE I A5.1 i RIB AT ELEVATION BUILDING ME GTAPIETbN AFARTMEN7G GENERAL NOTES — L•Z FRONT ELEVATION ELEVATION•BUILDING TYPE I "� �--� —•T 2 FRO... ss--------•-- LEFT Uwarmmi BUILDING ME I w R ELEVATION-BUILDING ME 1 4.REA�. A5.2 Page 15 EXHIBIT A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: 1. The Applicant shall comply with the provisions in the existing Development Agreement H- 2018-0129 (DA Inst. #2019-110907); Stapleton No. I FP H-2019-0117; FP-2020-0014; FP- 2023-0003; FP-2023-0006)and all other previous conditions of approval. 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. With the future CZC application,the site plan included in Section VII.A, shall be revised as follows: a. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete,or bricks in accord with UDC 11-3A-1913.4b. The proposed pedestrian sidewalks shall be constructed with a different material than the driving surface with the plans submitted the CZC Application. b. Record an emergency access easement for the vehicular connection between this site and the planned multi-family development to the west per the recorded development agreement. c. Revise the site plan to include an additional parking stall to meet the parking requirements in UDC 11-3C-6 and allocate additional parking spaces within close proximity to the development to accommodate overflow parking. d. 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. e. Applicant shall work with Republic Services to establish an approved location for the trash enclosure,as well as,an adequate quantity of trash and recycle bins to service this development prior to submittal of the CZC Application. f. Include two amenities, one from each category on the plans submitted with the future CZC application that meet the requirements of UDC Code 11-4-3-27.1)for this site; ensure that one of the required amenities is accessible by the overall Stapleton Subdivision community g. Include a detail of the bicycle rack should on the plans submitted with the CZC Application. e. The Applicant shall submit a floor plan of the units and revise the plans submitted with the future Certificate of Zoning(CZC)application that demonstrates compliance with the private opens space standards and common open space standards in UDC 11-4-3-27.B and 11-4-3-27.C. 4. With the future CZC application,the landscape plan included in Section VII.B shall be revised as follows: a. Include two amenities, one from each category on the plans submitted with the future Page 16 EXHIBIT A CZC application that meet the requirements of UDC Code 11-4-3-27.D for this site; ; ensure that one amenity is accessible by the overall Stapleton Subdivision community. b. The Applicant shall submit a floor plan of the units and revise the plans submitted with the future Certificate of Zoning(CZC)application that demonstrates compliance with the private opens space standards and common open space standards in UDC 11-4-3-27.B and 11-4-3-27.C. c. Revise the site plan to include an additional parking stall to meet the parking requirements in UDC 11-3C-6 and allocate additional parking spaces within close proximity to the development to accommodate overflow parking. d. Any existing landscaping installed with Stapleton No. 2 should remain protected during construction on the site per UDC 11-3B-10. 5. The Applicant shall comply with all specific use standards for the proposed use of Multi- family Residential Development(UDC 11-4-3-27). 6. The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES)approvals before submitting for any building permit within this development along with providing elevations for the carports with the first CZC. 7. At the time of Certificate of Zoning Compliance submittal,the Applicant shall submit a recorded and legally binding document(s)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,per UDC 11-4-3-27F standards. 8. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 9. Off-street parking is required to be provided by both the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. 10. The Applicant shall comply with all ACHD conditions of approval. 11. Provide a pressurized irrigation system consistent with the standards as outlined in UDC 11- 3A-15,UDC 11-3B-6, and MCC 9-1-28. 12. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as outlined in UDC 11-3B-14. 14. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements,acquire building permits and commence construction within two years as outlined in UDC 11-5B-6F.1; or 2) obtain approval of a time extension as outlined in UDC 11-5B-6F.4. B. PUBLIC WORKS DEPARTMENT https:llweblink.meridianciV.org/WebLink/DocView.aspx?id=300198&dbid=0&r0o=MeridianC hty C. ADA COUNTY HIGHWAY DISTRICT(ACHD) No comments received. Page 17 EXHIBIT A D. BOISE-KUNA IRRIGATION DISTRICT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=300456&dbid=0&r0o=MeridianC hty E. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=301361&dbid=0&r0o=MeridianC ky F. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=300664&dbid=0&repo=MeridianC hty G. MERIDIAN FIRE DEPARTMENT(MFD) No comments received. H. MERIDIAN POLICE DEPARTMENT(MPD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=297378&dbid=0&repo=MeridianC ky I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=297935&dbid=0&repo=MeridianC ky J. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=300731&dbid=0&repo=MeridianC ky IX. FINDINGS A. Conditional Use Permit Findings (UDC 11-5B-6D: 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 submitted site plan shows compliance with all dimensional and development regulations in the R-1 S zoning district in which it resides. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Stafffinds that the proposed multi family development is consistent with the overall density recommendations of the FL UM in the Comprehensive Plan and is allowed as a conditional use in the R-1 S zoning district per UDC Table 11-2A-2. Page 18 EXHIBIT A 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. Despite the proposed use being different from the residential uses to the north and east, Staff finds the site design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, so long as the Applicant constructs the site as proposed. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. Staff finds the proposed use will be served adequately by essential public facilities and services because all services are readily available and ACHD have reviewed and approved the proposed layout and traffic generation with the Stapleton Development Annexation and Preliminary Plat. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available for the subject site so Stafffinds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment,and conditions of operation that will be detrimental to any persons,property,or the general welfare because of excessive production of traffic,noise,smoke,fumes,glare,or odors. Although traffic will increase in the vicinity with the addition of more residential units, Staff finds the proposed use will not be detrimental to any persons,property, or the general welfare. 8. That the proposed use will not result in the destruction,loss,or damage of a natural, scenic,or historic feature considered to be of major importance.(Ord. 05-1170,8-30- 2005,eff. 9-15-2005). Staff is unaware of any natural, scenic, or historic features within the development area, therefore, Staff finds the proposed use should not result in damage to any such features. Page 19