Meridian OZ H-2023-0048 Findings CITY OF MERIDIAN w 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 36 Dwelling Units on 2.39 Acres of Land in the R-40 Zoning District,by Realm
Venture Group.
Case No(s).H-2023-0048
For the Planning& Zoning Commission Hearing Date of. November 16,2023 (Findings on
December 7,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of November 16,2023, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of November 16,2023, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 16,
2023, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of November 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).MERIDIAN OZ CUP H-2023-0048
Page 1 F51
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 November 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 conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of November 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).MERIDIAN OZ CUP H-2023-0048
Page 2 52
G. Attached: Staff Report for the hearing date of November 16,2023
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).MERIDIAN OZ CUP H-2023-0048
Page 3 53
By action of the Planning&Zoning Commission at its regular meeting held on the 7th day of
December ,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 12-7-2023
Attest:
Chris Johnson, City Clerk 12-7-2023
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: 12-7-2023
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).MERIDIAN OZ CUP H-2023-0048
Page 4 54
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT D A H O
HEARING November 16,2023
DATE:
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: H-2023-0048
Meridian OZ—CUP
LOCATION: 1475 E. Franklin Rd.,in the NE 1/4 of
Section 18,T.3N.,R.IE. (Parcel
#51118110051)
I. PROJECT DESCRIPTION
A Conditional Use Permit(CUP) is proposed for a multi-family development consisting of 36 dwelling units
on 2.39 acres of land in the R-40 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage _ 2.39 acres
Future Land Use Designation Mixed Use—Community(MU-C)
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Multi-family development
Current Zoning R-40(High Density Residential)
Proposed Zoning NA
Lots(#and type;bldg/common) NA
Phasing plan(#of phases) 1
Number of Residential Units(type 36 multi-family units(all 2-bedroom apartment units)
of units)
Density(gross&net) 15 units/acre(gross)
Open Space(acres,total [%]/ 0.34 acre(or 14,837 s.f.)
buffer/qualified) 0
Amenities Covered picnic area,children's play structure,pedestrian walkway,dog park
with waste station,enclosed bicycle storage,community garden and exercise
facilities.
Page 1
F5_5
Physical Features(waterways, The Cook Lateral runs along S.Locust Grove Rd.on this site.
hazards,flood plain,hillside
Neighborhood meeting date;#of 7/31/2023
attendees:
History(previous approvals) AZ-99-005 (Development Agreement(Inst.#99121334;Ord. 848—Cobblestone
Village); CUP-99-005 Cobblestone Village(expired);ROS#13695(not
approved by the City);H-2022-0073(Meridian OZ Apartments MDA&CUP—
denied)
B. Community Metrics
Description Details
Ada County Highway
District 71=
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
(yes/no)
Traffic Impact Study No
es/no
Access Access is proposed via S.Locust Grove Rd.,an arterial street,at the eastern boundary of the
(Arterial/Collectors/State site;no access is proposed via E.Franklin Rd.,an arterial street,at the northern boundary of
Hwy/Local)(Existing the site.
and Proposed)
Traffic Level of Service Franklin Rd.&Locust Grove Rd.—Better than"E"(acceptable level of service is"E")
Stub Driveway stubs for cross-access and interconnectivity with adjacent properties are not
Street/Interconnectivity/ proposed.
Cross Access
Existing Road Network There are no existing internal roadways within the site.Franklin Rd.runs along the northern
boundary of the site and Locust Grove Rd.runs along the eastern boundary of the site.
Existing Arterial There are no existing buffers on this site.
Sidewalks/Buffers
Proposed Road Franklin and Locust Grove Roads are fully improved;therefore,no additional right-of-way
Improvements dedication or street improvements are required.
Fire Service No comments were submitted.
Police Service See Section IX.D for complete comments.
• Distance to Police 0.6 mile
Station
• Police Response 2:58 minutes(expected);3:44 minutes(average)—Response time goal for emergencies is
Time within 3-5 minutes.
• Calls for Service 7,200 within a mile of the proposed development(RD—M741)—between 7/1/20 and
6/3/22)
• %of calls for service %atP3CF5 0.9%
%of A2 CF5 75.3%
split by priority %ofn M 12.5%
%of AOCFS 13%
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56
Description Details
Response Time and Calls for Service tCFS)by Priority-Most frequent priority call types:
•Priority 3 ca lls most frequently involved Injury Crashes,Followed by Unknown Problem,and Domestic Dispute-
•Priority 2 calls had a majority involvement consisting of Traffic Stops,followed by calls for Code Enforcement,and Welfare Checks.
•Priority 1 calls most frequently involved Illegal Parking,Citizen Assist,and Follow Up calls.
• Accessibility Police access is required into each building's entry point using a multi-technology keypad if
the buildings have climate-controlled access.
• Specialty/resource The PD can service this development if approved as they already serve this geographic area.
needs
• Crimes 761 (RD—M741 —between 7/1/20 and 6/30/22)
• Crashes 232(RD—M741 —between 7/l/20 and 6/30/22)
• Other MPD can service this area if approved.For more info,see:
htos://weblink.meridiancity.org/WebLink/PDF10/0817d448-60a3-4e76-99dc-
5243e49fabe8/280047
West Ada School No comments were received on this application.
District
Estimated#of school
aged children from this
development
A. Project Maps
Future Land Use Map Aerial Map
Page 3
57
Zoning Map Planned Development Map
III. APPLICANT INFORMATION
A. Applicant:
Jorre Delgado,Realm Venture Group— 1109 W.Main St., Ste. 700, Boise, ID 83702
B. Owner:
Meridian Oz,LLC— 1109 W. Main St., Ste. 700,Boise,ID 83702
C. Agent/Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 10/31/2023
Radius notification mailed to
properties within 300 feet 10/27/2023 NA
Public hearing notice sign posted
11/2/2023
on site
Nextdoor posting 10/27/2023
V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN):
Land Use:
This property is designated Mixed Use—Community(MU-C) on the Future Land Use Map(FLUM).
The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings
are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including
residential,and to avoid mainly single-use and strip commercial type buildings.Non-residential
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buildings in these areas tend to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as
large as in Mixed Use Regional(MU-R)areas. Goods and services in these areas tend to be of the
variety that people will mainly travel by car to,but also walk or bike to (up to three or four miles).
Employment opportunities for those living in and around the neighborhood are encouraged.
Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure
3C. The density range desired in MU-C designated areas is 6 to 15 units per acre.
The subject property, along with the property at the northeast corner of the site now owned by ACHD,
was annexed(AZ-99-005)in 1999 with an R-40 zoning district and entitled to develop with a 96-unit
apartment complex/multi-family development at a gross density of 15.6 dwelling units/acre. A
conditional use permit(CUP-99-005)was approved for the development but later expired because the
use wasn't commenced. The Comprehensive Plan in effect at the time of annexation designated this
property as Mixed/Planned Use Development. The R-40 zoning district allowed densities up to 40 units
per acre at that time. Although the CUP expired,the property is still entitled with zoning and allowed to
develop consistent with the standards for the R-40 zoning district.
The proposed multi-family development consists of 36 apartment units on 2.39 acres of land at a gross
density of 15 units per acre,consistent with the use and density approved in the development agreement.
Transportation:
There are no collector streets planned across this site per the Master Street Map (MSM). The MSM
designates the segment of Franklin Rd. abutting this site as a planned commercial arterial street; and the
segment of Locust Grove Rd. abutting this site as a residential arterial. Both streets are fully improved
and no additional right-of-way dedication or street improvements are required with this application.
Access is proposed via S. Locust Grove Rd., a minor arterial street,at the site's east boundary;no access
is proposed via E. Franklin Rd., a principal arterial street. ACHD is requiring access to be taken from
Locust Grove due it's lesser classification; direct access via Franklin is prohibited. The site is located in
close proximity to the Franklin/Locust Grove intersection, a major arterial signalized intersection. This
site is located within one (1)mile of Valley Regional Transit's(VRT)Route 30 Pine.VRT is
requesting a bus stop is provided along Locust Grove Rd. (see Section IX.H for more information).
COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciN.or /�pplan):
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.
• "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 adjacent to two arterial streets and in proximity to
employment centers along Eagle Road. This site is located within one (1) mile of VRT's Route 30
Pine and VRT requests a new bus stop is provided along Locust Grove Rd. with this development.
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59
• "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)
A mix of residential housing types consisting of apartments and single-family dwellings (low-and
medium-density) exist within a half mile of this site.
• "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 existing single-family homes to the
south and industrial uses to the west.A dense landscape buffer exists along the west boundary of this
site, which will buffer the proposed residential use from the industrial use.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems;services are required to be
provided to and though this development in accord with current City plans.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe."(2.02.02)
This is an undeveloped property in the City. Development of this property will maximize 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.
• "Slow the outward progression of the City's limits by discouraging fringe area development;
encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B)
Development of the subject vacant land, currently in the City limits, is encouraged over parcels on
the fringe of the City. The development of this property will result in better provision of City services.
VI. STAFF ANALYSIS
A. CONDITIONAL USE PERMIT(CUP)
History: The previous MDA & CUP application (H-2022-0073 Meridian OZApartments)for a 60-unit
multi family development at a density of 25 units/acre was denied by Council due to the density not
aligning with that contemplated in the existing DA and the proposed sole access via Locust Grove
presenting significant traffic safety concerns with the number of units proposed only using the one
access. The Council stated actions to gain approval could include reducing the number of units to be
more consistent with that contemplated in the existing DA and better ingress/egress for the site.
A CUP is proposed for a multi-family development consisting of 36 dwelling units in eight(8) 3-story
structures on 2.39 acres of land in the R-40 zoning district. All of the units are proposed to have 2-
bedrooms each. The gross density for the development is 15 units/acre consistent with that approved in
the existing development agreement and with the guidelines in the Comprehensive Plan for MU-C
designated areas.
Development Agreement(DA): The existing DA(Cobblestone Village A7--99-005 Inst. #99121334)
includes provisions for future development of this site. Staff has reviewed these provisions and included
comments below and conditions of approval in Section IX in accord with these provisions. Staff has
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determined the proposed development is generally consistent with the provisions in the DA and does not
require a modification to accommodate the proposed development if the Applicant complies with the
conditions of approval herein.
Existing Structures: There is an existing single-family home and accessory structure on this site that are
proposed to be removed with redevelopment of the site.
Access: Access is proposed via S. Locust Grove Rd.; no access is proposed or allowed via E. Franklin
Rd. The existing curb cut on Franklin Rd. should be removed with development and curbing
extended across the driveway.
The Police Dept.recommends the access via Locust Grove is restricted to right-in/right-out for safety
reasons. The ACHD report does not include a restriction on access. If the Commission agrees with the
Police Dept.'s recommendation,a provision requiring such should be included.
The Police Dept. also recommends traffic calming is provided within the site in the north/south drive
aisle to slow traffic for tenant/pedestrian safety. Staff has included a condition of approval requiring
such.
Because this property and the property to the south is designated MU-C on the FLUM and no
local street access exists to this site or the adjacent property, Staff recommends a cross-
access/ingress-egress easement and driveway with a pedestrian walkway is provided to the
property to the south for future interconnectivity in accord with UDC 11-3A-3A.2.
Staff also recommends a cross-access/ingress-egress easement and driveway is provided to the
property to the west at 50 S.Adkins Way for future interconnectivity; the site/landscape plan
should be revised accordingly.Note: There is a strip of land between this property and the 50 S.Adkins
Way property owned by the Stonebridge Business Owner's Association; therefore, consent would need to
be obtained from that owner in the future in order for access to be provided from either side.
Sidewalks(UDC 11-3A-1 : There are existing attached sidewalks along E. Franklin Rd. and S.Locust
Grove Rd. Typically, detached sidewalks are required along arterial streets;however,because these
sidewalks are still in good condition, Staff does not recommend they are removed and reconstructed as
detached sidewalks at this time.
Pathways(UDC 11-3A-8& 11-3B-12C1: There are no multi-use pathways designated on the Pathways
Master Plan for this site.An internal 6-foot wide pedestrian walkway is proposed along the northeast
perimeter boundary of the development adjacent to the existing ACHD storm drainage pond at the corner
of Franklin and Locust Grove Roads,which could be reduced to 5-feet in width. Landscaping should
be provided along the internal pathway in accord with the standards listed in UDC 11-3B-12C; the
landscape plan should be revised accordingly.
Storm Drainage(UDC 11-3A-I8): Storm drainage is required to comply with the standards listed in
UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along Franklin and
Locust Grove Roads as set forth in the development agreement.
Fencing(UDC 11-3A- : All fencing is required to comply with the standards listed in UDC 11-3A-7.A
6-foot tall closed vision vinyl fence is proposed along the southern boundary of the site adjacent to the
existing residence in accord with the development agreement.A chain-link fence with wire strands along
the top exists around the ACHD storm drainage pond to the northeast of this site. The landscape plan
depicts existing fencing along the west boundary of the site;however,the chain link fence appears to
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actually be located along the west boundary of the adjacent 20-foot wide property to the west—this
should be verified and correctly depicted on the plans.
Staff recommends the existing chain link fence around the ACHD storm drainage facility is
replaced with wrought iron fencing for aesthetic reasons if determined acceptable by ACHD; move
fencing in closer to the actual drainage area if agreed upon by ACHD.
Lighting(UDC 11-3A-11 : The DA requires particular attention to be paid to lighting plans to ensure
adjacent residential properties and the traveling public is not impacted by glare. Therefore, Staff
recommends outdoor lighting comply with the standards listed in UDC 11-3A-I I C. The height of a free-
standing light fixture on private property should not exceed 6-feet; streetlamps are exempt from this
height restriction. Staff recommends a photometric report is submitted with the Certificate of
Zoning Compliance application that demonstrates complies with these standards.
Signage: The DA requires signage to be limited to one(1)low-profile monument type sign near the
intersection of Franklin and Locust Grove Roads.Because this development no longer
incorporates property at this intersection, Staff is amenable to signage being placed near the
entrance to the development on Locust Grove Rd.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Schematic renderings were
submitted for the proposed 3-story structures as shown in Section VIII.D. Building materials are
anticipated to consist of a mix of stucco, siding and mixed metals for accents with a neutral color scheme
throughout.To provide variation in profile, Staff recommends the buildings incorporate
modulation.Final design of all structures is required to comply with the design standards in the
Architectural Standards Manual.
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. Residential 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 buildings shown on the site plan comply 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 a trash enclosure within
the perimeter buffer at the southwest corner of the site and another optional trash enclosure
adjacent to the common area on the northern portion of the site, neither of which are visible
from the public street. Staff recommends the trash enclosure incorporates a recycling
receptacle and is located more centrally in the "optional"location rather than adjacent to the
existing residence.
3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each
unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards.
Landscaping, entryway and other access ways shall not count toward this requirement. In
circumstances where strict adherence to such standard would create inconsistency with the
purpose statements of this section,the Director may consider an alternative design proposal
through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The
Applicant states each patio will be roughly 80 square feet. Floor plans should be submitted
with the Certificate of Zoning Compliance application that demonstrate compliance with this
standard.
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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)2-bedroom units, a minimum of 75 off-street parking spaces are required,
including three(3) spaces for guest parking,with 36 of those in a covered carport or garage.
Accessible parking is required in accord with ADA standards.
A total of 87 spaces are proposed, including 12 compact spaces and 40 covered spaces,which
exceeds the minimum standard by 12 spaces. Because there is sufficient area for standard
vehicle spaces to be provided where the compact spaces are proposed,Staff recommends
those spaces meet the standards dimensions.
Based on 87 vehicle parking spaces, a minimum of three (3)bicycle parking spaces should be
provided in accord with the standards listed in UDC 11-3C-5C. Enclosed bicycle storage is
proposed in four(4) of the buildings as depicted on the site plan. Staff recommends a bicycle
rack, capable of holding a minimum of three(3)bicycles,is provided in the central
common area for guests in accord with the standards listed in UDC 11-3C-5C.
The perimeter buffer along the west boundary and the sidewalk adjacent to parking spaces
at the central common area may be widened to 7-feet where 5-feet is currently depicted
and the length of the stalls reduced to 17-feet if wheel stops are not desired in parking
spaces; otherwise wheel stops shall be provided to prevent vehicle overhang.No compact
spaces should be provided as there is sufficient area to meet the standard parking space
dimensions.Wheel stops should be added in all of the carport parking spaces to prevent
vehicle overhang onto the adjacent walkway.
Staff has concerns about the 14'+/-long areas at the rear of the carport parking spaces,
which aren't long enough to accommodate most vehicles and don't meet the standards for
compact parking spaces,being used for parking and blocking the drive aisle.Therefore,
Staff recommends the planter islands are retracted to within 5-feet of the face of the
structures; a wider perimeter buffer and/or parallel parking could be provided along the
south side of the east/west drive aisle for guests.
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 depicts a leasing office, mail area in four(4) of the buildings, and a directory for
the development; a maintenance storage area should be depicted on the plans submitted with
the Certificate of Zoning Compliance application.
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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 the site is less than 5 acres in size at 2.39
acres, the baseline requirement does not apply.
All common open space is required to comply with the standards listed in UDC 11-4-3-27C.2,4, 6
and 8.
In addition to the baseline open space requirement, a minimum area of outdoor common open space
shall be provided that meets the standards listed in UDC 11-4-3-27C.5, as follows:
a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less
square feet of living area.Not applicable
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 36
units are between 1,100 and 1,200 sf.
c. Three hundred fifty(350) square feet for each unit containing more than one thousand two
hundred(1,200) square feet of living area.Not applicable
Per this standard, a total of 9,000 sf. (or 0.21 acre) of qualified open space is required. All
multi family projects with over 20 units are required to 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. The minimum size of the common grassy
areas is 5,000 sf. This area shall increase proportionately as the number of units increase and
shall be commensurate to the size of the 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. A proportionate amount for the number of units proposed would be 9,000
s f. based on 250 s f.per unit(5,000 s.f120 units=250 s f. —250 s f. x 36 units= 9,000 s f.).
A total of 14,837 s.f. (or 0.34 acre) of common open space is proposed as shown in Section
VIII.C,however,some of the areas shown do not meet the standards for qualified open space
whereas others that do meet the standards were not included. The central open space area
appears to be over 5,000 s.f. in size if additional qualified area is included in the calculations
and should meet the requirement for a 5,000 s.f. open grassy area.
A minimum of 9,000 s.f. (or 0.21 acre) of common open space,including a minimum 5,000
s.f. open grassy area,is required to be provided that complies with the standards listed in
UDC 11-4-3-27C; revise the open space exhibit in Section VIII.0 accordingly.
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 between 20 and 75 units,three (3)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—
enclosed bike storage;2) Open Space—a community garden; and 3)Recreation: pathway and
children's playground. The proposed amenities meet the minimum standard.
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 11-4-3-2 7E.2. The landscape plan submitted with the Certificate of Zoning
Page 10
64
Compliance application should depict landscaping along the street facing elevation adjacent to E.
Franklin Rd. in accord with this standard,the landscaping along Locust Grove Rd. appears to
comply with this standard
Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-
12,C additional trees should be depicted on the landscape plan in areas that are deficient along
the west side of the development.
A 25 foot wide street buffer is required along E. Franklin and S. Locust Grove Roads, both arterial
streets, landscaped per the standards in UDC 11-3B-7C. The DA requires a landscape setback of
35 feet to be provided beyond the required right-of-way of Franklin Rd.; the proposed plan depicts a
50'+1- landscape setback in accord with this provision.
The perimeter buffers along the west and south boundaries are required to be landscaped per the
standards listed in UDC 11-3B-8C.1 for parking lots.A minimum of one (1) Class II or III tree is
required every 35 linear feet along with shrubs and vegetative groundcover—the landscape plan
should be revised to include shrubs and calculations that demonstrate compliance with the
standard.
Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the
site as set forth in UDC 11-3B-1OC.5.Include mitigation information on the landscape plan
that demonstrates compliance with these standards.
Staff recommends common open space areas are landscaped in accord with the standards
listed in UDC 11-3G-5B and include a variety of trees, shrubs,lawn or other vegetative ground
cover.
The tree class should be included in the Landscape Schedule on the landscape plan.
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.
G. Police access under exigent circumstances: Multifamily developments with units that take
access via secured common corridors shall install and maintain a keyless entry system, or
suitable alternative,to provide police access to the common corridors under exigent
circumstances. The keyless entry system or alternative shall be subject to review and
approval by the Meridian Police Department.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed Conditional Use Permit with the conditions in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on November 16.2023. At the
public hearing,the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Jorre Delgado,Applicant's Representative
b. In opposition:None
C. Commenting: Ann Wetherell
d. Written testimony: Brad Banks. Intermountain Wood Products
e. Staff presenting application: Sonya Allen
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f. Other Staff commenting on application:None
2. Key issue(s)of Public testimony:
a. Applicant is in agreement with staff report conditions.
b. Concern pertaining to the amount of traffic this development will generate in such close
proximity to the Locust Grove/Franklin Rd. intersection.
c. Concern for the safety of children within the development with the ACHD drainage
pond in such close proximity to the site.
d. Questions and concerns from Ms.Uechi(see letter in project file).
3. Key issue(s)of discussion by Commission:
a. Opinion the proposed development is a good fit for this corner.
4. Commission change(s)to Staff recommendation:
a. None
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66
VIII. EXHIBITS
A. Proposed Site Plan
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Page 15
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C. Qualified Open Space Exhibit(dated: 8/10/23)
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Page 16
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D. Conceptual Building Elevations&Floor Plans(NOT APPROVED)
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Page 17
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Page 18
72
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Page 19
73
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Future development of this site shall generally comply with the provisions in the existing
development agreement(AZ-99-005 Inst. #99121334) and the site plan, landscape plan,open space,
site amenities and elevations submitted with this application and with the conditions listed below.
2. The multi-family development shall have an ongoing obligation to comply with the specific use
standards for multi-family developments listed in UDC 11-4-3-27.
3. Floor plans shall be submitted with the Certificate of Zoning Compliance application that
demonstrate compliance with the private open space standard of 80 square feet for each unit as set
forth in UDC 11-4-3-27B.3.
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 within the development.
5. Provide a recycling receptacle in the trash enclosure.
6. All structures shall comply with the design standards listed in the Architectural Standards Manual.
7. The existing curb cut via Franklin Rd. shall be removed and curbing extended across the driveway.
8. Outdoor lighting shall comply with the standards listed in UDC 11-3A-I I C. The height of a free-
standing light fixture on private property shall not exceed 6-feet; streetlamps are exempt from this
height restriction.A photometric report shall be submitted with the Certificate of Zoning
Compliance application that demonstrates complies with these standards in accord with the
development agreement to ensure the adjacent residential property and the traveling public isn't
impacted by glare.
9. Signage is limited to one(1)low-profile monument type sign near the entry of the development on
Locust Grove Road as set forth in the development agreement.
10. Drainage swales should not be within the landscape setbacks along Franklin and Locust Grove
Roads as set forth in the development agreement.
11. Multifamily developments with units that take access via secured common corridors shall install
and maintain a keyless entry system, or suitable alternative,to provide police access to the
common corridors under exigent circumstances as set forth in UDC 11-4-3-27G. The keyless entry
system or alternative shall be subject to review and approval by the Meridian Police Department.
12. Revise the open space exhibit to include a minimum of 9,000 square feet(or 0.21 acre)of common
open space that complies with the updated standards listed in UDC 11-4-3-27C.5. A minimum
common grassy area of least 5,000 square feet in area shall be provided in the central common area
where the picnic area is located in accord with UDC 11-4-3-27C.4a.
13. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised,
as follows:
a. 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.
b. Depict landscaping along the foundation of building elevations that face S. Locust Grove Rd.
and E. Franklin Rd. as set forth in UDC 11-4-3-27E.2.
Page 20
74
c. Depict a bicycle rack, capable of holding a minimum of three(3)bicycles,in the central
common area for guests in accord with the standards listed in UDC 11-3C-5C.
d. Depict a berm or constructed barrier at least four(4) feet in height along E.Franklin Rd. with a
break in the berm or barrier to allow for pedestrian access as set forth in UDC 11-4-3-27C.7.
e. Internal common open space areas shall be landscaped in accord with the standards listed in
UDC 11-3G-5B and include a variety of trees, shrubs,lawn or other vegetative ground cover.
f. Depict landscaping within the 5-feet on both sides of the internal pathway in accord with the
standards listed in UDC 11-3B-12C. Include calculations to demonstrate compliance in the
Landscape Requirements table.
g. Verify if fencing exists along the west boundary of this site or along the west boundary of the
adjacent 20-foot wide property to the west—correctly depict the location on the plan.
h. The perimeter buffer along the west boundary and the sidewalk adjacent to parking spaces at the
central common area may be widened to 7-feet where 5-feet is currently depicted and the length
of the stalls reduced to 17-feet if wheel stops are not desired in parking spaces; otherwise wheel
stops shall be provided to prevent vehicle overhang.No compact spaces shall be provided as
there is sufficient area to meet the standard parking space dimensions.
i. Depict trees and shrubs along with vegetative groundcover within the perimeter buffers adjacent
to parking or other vehicular use areas along the west and south boundaries of the site in accord
with the standards listed in UDC 11-3B-8C.1. Include calculations to demonstrate compliance in
the Landscape Requirements table.
j. Include tree classes in the Plant Schedule on the landscape plan.
k. Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the
site as set forth in UDC 11-3B-1OC.5. Include mitigation information on the landscape plan that
demonstrates compliance with these standards.
1. Depict a cross-access/ingress-egress easement and driveway with a pedestrian walkway to the
property to the south for future interconnectivity in accord with UDC 11-3A-3A.2. A copy of the
recorded easement shall be submitted to the Planning Division prior to issuance of the first
Certificate of Occupancy within the development.
in. Depict a cross-access/ingress-egress easement and driveway to the property to the west at 50 S.
Adkins Way for interconnectivity. A copy of the recorded easement shall be submitted to the
Planning Division prior to issuance of the first Certificate of Occupancy within the development.
n. Depict new wrought iron fencing to replace the existing chain link fencing around the ACHD
storm drainage facility if determined acceptable by ACHD; move fencing in closer to the actual
drainage area if agreed upon by ACHD.
o. Depict a bus stop along Locust Grove Rd. as required by Valley Regional Transit.
p. Retract the planter islands to within 5-feet of the face of the carports;provide a wider perimeter
buffer and/or parallel parking for guests along the south side of the east/west drive aisle.
q. Depict modulation in the placement of the structures for a variety in profile.
r. Depict traffic calming within the site in the north/south drive aisle to slow traffic for
tenant/pedestrian safety as recommended by the Police Dept.
s. Relocate the trash enclosure from the southwest corner of the site to the"optional"location more
central to the development and away from the existing residence.
Page 21
75
t. Depict wheel stops in all of the carport parking spaces to prevent vehicle overhang onto the
adjacent walkway.
10. A conditional use permit,when granted, shall be 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.Upon written request and filing by the applicant prior to the termination of the period
in accord with subsection(F)(1) of this section,the director may authorize a single extension of
time to commence the use not to exceed one (1)two-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
this chapter.
B. PUBLIC WORKS
https:llweblink.meridianciV.orelWebLinkIDocView.aspx?id=311132&dbid=0&repo=MeridianCitX
C. FIRE DEPARTMENT
No comments were submitted.
D. POLICE DEPARTMENT
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=311186&dbid=0&repo=MeridianCitX
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=310444&dbid=0&repo=MeridianCitX
F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=309567&dbid=0&repo=MeridianCitX
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=308760&dbid=0&r0o=MeridianCitX
H. VALLEY REGIONAL TRANSIT(VRT)
https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=308788&dbid=0&r0o=MeridianCitX
I. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=308790&dbid=0&repo=MeridianCitX
X. FINDINGS
A. Conditional Use Permit(UDC 11-513-6E)
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 if the Applicant complies
with the conditions in Section IX(see Analysis, Section V for more information).
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76
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 generally consistent with the future land use map
designation of MU-C and is allowed as a conditional use in UDC Table 11-2A-2 in the R-40 zoning
district and with the existing development agreement.
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 should 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. Comments were not received from the school district on this
application.
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.
The Commission finds 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.
7. That the proposed use will not involve activities or processes,materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic,noise, smoke, fumes, glare or odors.
The Commission finds the proposed residential 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.
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.
The Commission finds the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feather of importance.
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