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2023-07-06 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, July 06, 2023 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT Commissioner Nathan Wheeler Commissioner Maria Lorcher Commissioner Patrick Grace Commissioner Enrique Rivera Commissioner Jared Smith Commissioner Andrew Seal ABSENT Commissioner Mandi Stoddard ADOPTION OF AGENDA Adopted Motion to approve made by Commissioner Smith, Seconded by Commissioner Rivera Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal CONSENT AGENDA \[Action Item\] Approved 1. Approve Minutes of the June 15, 2023 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for the Conditional Use Permit for Black Box VR (H-2023-0022) by Black Box VR, located at 950 N Hickory Ave. 3. Findings of Fact, Conclusions of Law for the Conditional Use Permit for Ten Mile Costa Vida (H-2023-0018) by Cushing Terrell, located at 413 S Innovation Lane Motion to approve made by Commissioner Wheeler, Seconded by Commissioner Smith Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal ACTION ITEMS 4. Public Hearing for Shoemaker Franklin (H-2023-0008) by Hatch Design Architecture, located at 5317 W. Franklin Rd. Application Withdrawn A. Request: Annexation of 13.97 acres of land with an I-L (Light Industrial) zoning district. Motion to accept withdrawal request made by Commissioner Grace, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal 5. Public Hearing for Driftwood Subdivision (H-2023-0021) by Brighton Development, Inc., located at 870 W. Ustick Rd. Recommended Approval to City Council. Tentatively scheduled for August 8, 2023 A. Request: Conditional Use Permit for a multi-family development consisting of 57 dwelling units on 4.81 acres of land in the C-C zoning district. B. Request: Combined Preliminary/Final Plat consisting of one (1) residential building lot, two (2) commercial building lots and one (1) other lot on 9.01 acres of land in the C-C zoning district. Motion to recommend approval made by Commissioner Grace, Seconded by Commissioner Smith Voting Yea: Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal Abstaining: Commissioner Wheeler 6. Public Hearing for Milano Animal Care Facility (H-2023-0026) by Blue Frog, LLC, located at 3020 W. Milano Dr. Approved A. Request: Conditional Use Permit to operate a new 3,100 square-foot animal care facility on 0.75 acres of land in the L-O zoning district. Motion to approve made by Commissioner Wheeler, Seconded by Commissioner Smith Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal 7. Public Hearing for 2023 UDC Text Amendment (ZOA-2023-0001) by City of Meridian Planning Division, located City Wide Recommend Approval to City Council. Tentatively scheduled for August 8, 2023 A. Request: UDC Text Amendment to amend certain regulations in Chapters 2- 5 of the Unified Development Code (UDC) Motion to recommend approval to City Council made by Commissioner Lorcher, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Seal Voting Nay: Commissioner Smith 8. Public Hearing for 2023 Comprehensive Plan Policy Update CPAT (H-2023-0029) by City of Meridian Planning Division, located City Wide A. Request: Comprehensive Plan Amendment to update text, priorities and lead/support departments for certain policies text in the Plan. Recommended Approval to City Council. Tentatively scheduled for August 8, 2023 Motion to recommend approval to City Council made by Commissioner Rivera, Seconded by Commissioner Lorcher Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Grace, Commissioner Rivera, Commissioner Smith, Commissioner Seal ADJOURNMENT 8:10 P.M. Meridian Planning and Zoning Meeting July 6, 2023. Meeting of the Meridian Planning and Zoning Commission of July 6, 2023, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher, Commissioner Jared Smith and Commissioner Nate Wheeler, Commissioner Patrick Grace and Commissioner Enrique Rivera. Members Absent: Commissioner Mandi Stoddard. Others Present: Joy Hall, Kurt Starman, Bill Parsons, Sonya Allen, Linda Ritter, Caleb Hood, Brian McClure and Dean Willis. ROLL-CALL ATTENDANCE _X Nate Wheeler X Maria Lorcher Mandi Stoddard X Patrick Grace _X Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: Good evening and welcome to the Planning and Zoning Commission meeting for July 6th, 2023. And at this time I would like to call the meeting to order. The Commissioners who are present for this evening's meeting are at City Hall. We also have staff from the City Attorney and Clerk's office, as well as the City Planning Department. If you are joining us on Zoom this evening we can see that you are here. You may observe the meeting. However, your ability to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take questions until the public testimony portion. If you have any questions during the meeting, please, e-mail cityclerk@meridiancity.org and they will reply as quickly as possible. With that we will begin with roll call. Madam Clerk. ADOPTION OF AGENDA Seal: The first item on the agenda is the adoption of the agenda. The application for Shoemaker Franklin, File No. H-2023-0008, will be open for the sole purpose of acknowledging their request for -- to withdraw the application. They will -- it will be open for that purpose only, so if there is anybody here tonight to testify for that application we will not be taking testimony on that application. Can I get a motion to adopt the agenda? Smith: So moved. Wheeler: Second. Meridian Planning&Zoning Commission July 6,2023 Page 2 of 43 Seal: It's been moved and seconded to adopt the agenda. All those in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the June 15, 2023 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for the Conditional Use Permit for Black Box VR (H-2023-0022) by Black Box VR, located at 950 N Hickory Ave. 3. Findings of Fact, Conclusions of Law for the Conditional Use Permit for Ten Mile Costa Vida (H-2023-0018) by Cushing Terrell, located at 413 S Innovation Lane Seal: Next item on the agenda is the Consent Agenda and we have two items -- three items on the Consent Agenda. We need to approve the minutes of the June 15th, 2023, Planning and Zoning Commission meeting. We also have Findings of Facts and Conclusions of Law for File No. H-2023-0022. Conditional use permit for Black Box VR and also H -- file H-2023-0018 for the conditional use permit for Ten Mile Costa Vida. Can I get a motion to accept the Consent -- Consent Agenda as presented? Wheeler: So moved. Rivera: Second. Seal: All in favor say aye. Opposed nay? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Seal: At this time I would like -- like to briefly explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to our Comprehensive Plan and Unified Development Code. After -- after staff has made their presentation the applicant will come forward to present the case and respond to staff comments. They will have 15 minutes to do so. After the applicant is finished we will open the floor to public testimony. Each person will be called on only once during the public testimony. The clerk will call the names individually of those who have signed up in advance to testify. You will need to state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent picture -- pictures or a presentation for the meeting it will be displayed on the screen. If you have established that you are speaking on behalf of a larger group, like an HOA, where others from that group will allow you to speak on their behalf, you will have ten minutes. After all those that have Meridian Planning&Zoning Commission July 6,2023 Page 3 of 43 signed up in advance have spoken we will invite any others who may wish to testify. When you are finished if the Commission does not have any questions for you, you will return to your seat in Chambers or be muted on Zoom and no longer have the ability to speak. Please remember we generally do not call people back up. After all testimony has been heard the applicant will be given another ten minutes to come back and respond. When the applicant is finished responding to questions and concerns we will close the public hearing. The Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 4. Public Hearing for Shoemaker Franklin (H-2023-0008) by Hatch Design Architecture, located at 5317 W. Franklin Rd. A. Request: Annexation of 13.97 acres of land with an I-L (Light Industrial) zoning district. Seal: With that at this time like to open -- or yeah. Open File No. H-2023-0008 and I will need a motion to accept the withdrawal for that application. Grave: So moved. Smith: Second. Seal: It's been moved and seconded that we accept the withdrawal of application H- 2023-0008 for Shoemaker Franklin. All those in favor say aye. Opposed nay? Motion passes. Application is withdrawn. MOTION CARRIED: SIX AYES. ONE ABSENT. 5. Public Hearing for Driftwood Subdivision (H-2023-0021) by Brighton Development, Inc., located at 870 W. Ustick Rd. A. Request: Conditional Use Permit for a multi-family development consisting of 57 dwelling units on 4.81 acres of land in the C-C zoning district. B. Request: Combined Preliminary/Final Plat consisting of one (1) residential building lot, two (2) commercial building lots and one (1) other lot on 9.0 acres of land in the C-C zoning district. Seal: Now I would like to open the public hearing for File No. H-2023-0021 for Driftwood Subdivision and we will begin with the staff report. Allen; Thank you, Mr. Chair, Members of the Commission. The first applications before Meridian Planning&Zoning Commission July 6,2023 Page 4 of 43 you tonight are a request for a conditional use permit and a combined preliminary and final plat. This property consists of 9.01 acres of land. It's zoned C-C and it's located at 870 West Ustick Road at the northwest corner of Ustick and Venable Avenue. This property was annexed back in 2007 with the requirement of a development agreement, which was later amended. The existing agreement allows for the development of approximately 60 multi-family units and a minimum of two commercial buildings per the approved conceptual development plan. A certificate of zoning compliance was recently approved for site improvements, including an internal shared access driveway with detached sidewalk and associated landscaping and storm drainage. The Comprehensive Plan future land use map designation is mixed-use community. A conditional use permit is requested for a multi-family residential development on the northern portion of the property, consisting of 57 townhome style dwelling units on 4.81 acres of land in the C-C zoning district. A gross density of 12 units per acre is proposed consistent with the density desired of six to 15 units per acre in the MUC designation. The proposed development plan is consistent with the conceptual development plan and associated provisions in the existing development agreement. Access is proposed via a drive aisle from North Venable Avenue, a collector street, at the east boundary and North Buckstone Avenue, a local street, at the north boundary. Buckstone currently stubs to the north boundary of this site. A multi-use pathway is required to be provided from the east to the west boundary of the site. Excuse me. That is a requirement in the staff report that the applicant requests to have withdrawn and the Parks Department did agree with that, so disregard that. Compliance with the specific use standards for multi- family residential developments is required, which includes private and common open space and amenities, as well as parking. A minimum of 80 square feet of private usable open space is required per unit. A minimum of .46 of an acre of common open space is required. A total of .48 acre is proposed consisting of two common open space areas with amenities and a street buffer along the collector street Venable Lane. The street buffer isn't allowed to count toward the minimum open space. Therefore, a revised open space exhibit that excludes that area should be submitted. Additionally, all multi- family projects over 20 units are required to provide at least one open grassy area integrated into the site design allowing for general activities by all ages that is a minimum of 5,000 square feet in area. The area is required to increase proportionately as the number of units increase and shall be commensurate with the size of the development as determined by the decision making body. The open grassy area in both of the open space areas is below that 5,000 square feet in area. Staff is recommending a minimum of 14,250 square feet or .33 acre of common open grassy area is provided commensurate with the size of the development based on 250 square feet per unit. The plan should be revised accordingly prior to the City Council hearing. A minimum of three amenities are required based on the number of units proposed with one from each category. The applicant proposes a clubhouse, picnic area with a shade structure and a children's play structure in accord with UDC standards. Based on 13 two-bedroom units and 44 three-bedroom units a minimum of 164 off-street parking spaces are required, including guest parking, with 57 of those in a covered carport or garage. A total of 194 spaces are proposed with 84 of those covered, which exceeds the minimum standards by 30 spaces. Based on the parking provided a minimum of eight bicycle parking spaces are required and those -- those -- the details for the Meridian Planning&Zoning Commission July 6,2023 Page 5 of 43 amenities. Conceptual building elevations were submitted as shown for the townhome style structures, consisting of 15 two-story structures in three and four unit clusters, containing a mix of two and three bedroom units, with a minimum of 1,250 square feet per unit. Building materials appear to consist of stucco and horizontal siding in two different colors with stone veneer accents. These elevations are generally consistent with those included in the existing development agreement as required. Final design is required to comply with the design standards in the Architectural Standards Manual and will be reviewed for compliance with these standards with the design review application. Compliance with the building code requirements for separation between structures within the development is also required. A combined preliminary and final plat is proposed to subdivide the property consisting of one residential building lot, two commercial building lots and one other lot on 9.01 acres of land as shown. As mentioned an east-west drive aisle is proposed through the site, which provides access from Venable Avenue at the east boundary of the site. A cross-access easement is required by the development agreement to be granted to the property abutting the southwest property boundary prior to issuance of certificate of occupancy for the western commercial pad site or when the adjacent parcel to the west develops, whichever occurs first. The existing irrigation ditch along the southern boundary of the site adjacent to Ustick Road is required to be piped with development. Written testimony has been received on this application as follows: A letter was received from Jessica Lords, along with the petition online from neighbors with 373 signatures in opposition of the proposed development. Some of the reasons stated are as follows: There is already too much traffic congestion in this area. A traffic signal is needed at Ustick and Venable intersection. Against vehicular connection to the north to Woodburn Subdivision for safety -- safety reasons, children in the area and traffic. Concern parking will overflow onto Venable and too many apartments in this area already, et cetera. Mike Wardle, Brighton Development, submitted a response to the staff report. He is in agreement with the staff report, except for the condition requiring a multi-use pathway through the site, as I mentioned previously. The applicant is requesting the provisions related to the pathway be stricken and those conditions are in your hearing outline. The Parks Department agrees with the applicant's request. Therefore, staff requests the Commission strike the aforementioned conditions related to the pathway. Staff is recommending approval with the conditions in the staff report and will stand for any questions. Seal: Thank you very much, Sonya. Would the applicant like to come forward? Wardle: Mr. Chair, this is Jon Wardle. Can you hear me? Seal: Yes, we can, Jon. Wardle: I will be presenting via Zoom tonight. Michael is in the audience just in case there is any questions that come up. I would like to present a presentation, so if I could share my screen. Wheeler: Mr. -- Mr. Chair? Meridian Planning&Zoning Commission July 6,2023 Page 6 of 43 Seal: Go ahead. Wheeler: I need to share something here just real quickly. And maybe this has to do with the Council. I work for the housing company. This is Nate Wheeler. Our property is actually adjacent to this property to the west. I was noticed -- our company was noticed concerning this hearing -- or the public hearing that they were going to have. I am a development manager for that company. There is no interest at all in this project or property, but I didn't know if there was anything that I would need to recuse myself from or to step back on this, being that we are -- we do abut just to the west of Cooper Lane. So, we do share that property line there. Starman: Mr. Chairman, Commissioner Wheeler, yeah, I would recommend that you recuse from participating in this, because it would impact your employer potentially in a financial manner. So, I think it would be a -- a cautious approach for you to recuse and so if you agree with that, my recommendation would be that you -- I think what you said so far satisfies the -- the requirement for an announcement or explanation. So, you don't have to repeat that. I would just recommend that you just go into the executive session room where the Council is and we can call you back when we finish with this item. Wheeler: Perfect. I will go ahead and recuse myself. Seal: Thank you, Commissioner Wheeler. Appreciate it. Can we fix it so Mr. Wardle can share a screen? Wardle: I'm just waiting for that. Yeah. I will put on the record, then, Jon Wardle. Brighton Development, Inc. 2929 West Navigator Drive, Suite 200 -- Suite 400 Meridian, Idaho. 83642. I'm still not seeing where I can share my screen here yet. Seal: You want to make him a panelist? Okay. Hall- Mr. Wardle, if you can choose upgrade to panelist. Seal: Thank you. Smith: Mr. Chair? Seal: Go ahead. Smith: I believe Mr. Wardle when he accepted panelist is -- is muted, so if he's speaking we can't hear him. Wardle: How about that? Can you hear me now? Seal: We can. Thank you. Meridian Planning&Zoning Commission July 6,2023 Page 7 of 43 Wardle: Mr. Chair, I appreciate the opportunity to testify and present tonight for the Driftwood CUP and preliminary and final plat applications. As staff has mentioned tonight we are talking about 9.03 acres at the intersection of Venable and Ustick and this is a comparison Comprehensive Plan in the current zoning map. The property is zoned C-C and back in -- the property was originally annexed and zoned in the city in 2007 and there was development during the modification in 2016 and, then, we did a little modification development agreement in 2021 that in -- as staff indicated it was a mixed-use project of both residential townhome parkland homes and commercial uses. The application before you tonight is consistent with that approved development agreement modification Council approved back in 2021. Like I mentioned, this is the project that is known as Driftwood. It also has been called Settler's Square under a previous approval, but for plat purposes the project is called Driftwood Subdivision. As I mentioned it was previous -- a previous development agreement was approved by Council back in 2021. The applications before you tonight are a conditional use permit for 57 townhomes on 4.81 acres and a preliminary and final plat for four lots on 9.01 acres. I just want to talk briefly about the conditional use for the 57 townhomes. The area that is under conditional use permit for you tonight is the area bounded here in blue. There are 57 townhomes, which are all two-story. Each of these homes will have at least one one-car garage and two parking spots in front of those homes. As staff indicated, we have more parking provided than required. The amenities for the project will include a clubhouse, which is shown up here in the upper right corner, which will have a game room, it will have a management room. Also have the ability for delivery of mail and that type of thing there. There is a tot lot, which is shown just north of the clubhouse and, then, we also have another grassy area to the north with a gazebo area and seating area. Staff had mentioned that there was perhaps a deficiency of the grassy areas. We noted that the landscape plan provided was not exactly the same as the -- the site plan and we can address -- and we actually will meet the standards and requirements in the landscape plan to -- to demonstrate that. We are maintaining per the C-C zone a 25 foot required buffer on the north and on the west boundaries where there are existing homes and they actually just maintain that along the entire point of the property to the north and to the west. We also, as this shows here, the homes around the perimeter are front loaded with the garages in the front. There is grassy areas behind. The separation from the existing Woodburn neighborhood. The interior of these homes are all alley loaded homes and those are shown here. So, in green are the front loaded with the garages and the perimeter and the blue homes are internal and those the alley homes. As mentioned these are all two story in nature. Very consistent with the other homes that are both single family and townhomes that have been built in and around the Settler's Park area. The preliminary plat and final plat combination is a four lot subdivision. Lot 1 is the residential, which relates to the conditional use permit. Lot 2 is the access drive that provides access for Lots 1, 3 and 4 out to Venable and Lots 3 and 4 are commercial lots. In our previous approval we were before the City Council. These lots are owned by St. Luke's. St. Luke's intends to build a neighborhood size clinic at this location. They have not yet submitted their conditional -- their certificate of zoning compliance, but we are told that they will do that at some point. But Lots 3 and 4 are owned by St. Luke's and they will bring those applications for construction forward at some point in the future. With the project we are improving Meridian Planning&Zoning Commission July 6,2023 Page 8 of 43 Venable. Venable currently on our side of the road south of the Woodburn Subdivision is unimproved. There is no sidewalk there and we will be adding sidewalk, we will be adding curb and gutter. Storm drainage. We also are adding a turn lane north down from Venable that would turn into the project -- to the access drive aisle. We will be making those improvements north and south, so that -- that area of road and that portion of road which has been outside will be included with this project. As mentioned, we are in agreement with the entire staff report, with the exception of that comment on public access. We have already resolved that with staff and with the Parks Department, so as staff noted these would be the conditions that we would ask be stricken from the conditions of approval before you tonight. So, in conclusion, we respectfully request that the Planning and Zoning Commission approve the conditional use permit and recommended to approve to the City Council the preliminary and final plat of Driftwood Subdivision with the note of those conditions for that public access that was in the staff report. And with that I stand for any questions that you might have tonight. Seal: Thank you very much. And I will start out with the question of why are we eliminating the multi-use pathway? Wardle: Mr. Chair, that's a good question. If I may -- if I can just go to another slide here really quickly. Actually, I'm going to this one. If you look at this exhibit here, there currently is no public pathway in this corridor. There are sections. There are connections. There is one out by Settler's that comes a little distance and there is some connections there. There is a sidewalk coming through here. There is actually a condition that was placed as a sidewalk in front of the future apartments next door to us. We will provide sidewalk and pathway connections through there, but the requirement for a public access easement really isn't necessary, because there are already sidewalks throughout the entire area which are of public use. One of the things that we -- we can do is make a -- make a pathway or make a sidewalk that would connect -- let me back up one slide here. You can see that we have sidewalk on both sides of our drive aisle. There is a possibility that when the commercial project comes through that they should or would put in a sidewalk here to make a connection over, but there really doesn't seem to make any sense to put a public use easement over a pathway system that is not part of a cohesive plan for the city. As you can see here as well there are a number of sidewalk and pathway connections two and three and they will continue to be there. There is not a deficit of access, it's just a -- I think it was the Parks Department was looking at this wanting to ensure that there was a sidewalk through and, of course, there are sidewalks through. You have Ustick, which is a sidewalk system. All these neighborhoods have sidewalks over. We will have sidewalks as well. So, we just ask that that condition be removed. Seal: Okay. Thank you for the explanation on that. Smith: Mr. Chair? Seal: Go ahead. Meridian Planning&Zoning Commission July 6,2023 Page 9 of 43 Smith: Question for the applicant. Looking at that display that -- sorry to make you -- Wardle: Oh, you want me to go back to that one? Smith: Go right back to where you were. Specifically about Cooper Lane I believe it is. Yes. Does there plan to be -- I'm assuming that's going to connect down to Ustick from that stub. Is that accurate? And, if so, is there planning -- plan to be some sort of crosswalk across Cooper Lane connecting the Woodrose Apartments and the Driftwood Subdivision? Wardle: Maybe I can go to this slide. I believe this is the most current Woodrose site plan and you can see here that Cooper Lane will make a driveway access to Ustick. I think the road across the street is called Blairmore. I could be wrong. It's either Blairmore or Blaymore. This road, Cooper Lane and Blairmore will align. They will make a sidewalk connection to Ustick, but at this point in time I do not believe that there are any plans by the highway district to require a crosswalk over Ustick at that location. I can't speak to their conditions of approval, other than this is what we have done in the site plan for that project. I will note -- and staff made this comment as well -- that there was a requirement for a cross-access to the commercial piece. You can kind of see where my hand is right here, that 95 foot. We have a driveway access that will go over and connect -- that's not the right one. But a cross-access here from our commercial site to that connection with the Woodrose Apartments. Smith: Thank you very much. Seal: Commissioners? Starman: Mr. Chair? Seal: Go ahead. Starman: If I may ask just regarding clarification for the planners. Mr. Wardle described the possibility that sidewalk extension in the south -- the southwest corner of the commercial parcel, that that might be done by the -- when the commercial -- when the St. Luke's project develops. I'm not sure that the city can require that as part of a certificate of zoning compliance, so I'm asking the planners to clarify that. But if they can't, would the Commission want to consider a condition tonight? So, I'm not sure you can require that with the CZC. Allen: Mr. Chair. Kurt, was that a -- were you talking about vehicular access or pedestrian? Starman: Pedestrian. If I understood Mr. Wardle's comments correctly, he talked about there would be the possibility of a sidewalk connection. If you look at the -- what's on the screen now, where the sidewalk terminates on the west -- toward the west part of the site -- of the site where the cursor is located, there would be a sidewalk connection Meridian Planning&Zoning Commission July 6,2023 Page 10 of 43 from that point down to Woodrose Apartments and he indicated that could be accomplished when St. Luke's develops, but if St. Luke's only requires a CZC for its project, I'm not sure we can condition it as part of the CZC process and so my question for the planning staff is should the Commission consider a condition tonight? Allen: Yes. That's the short answer. You are -- you are absolutely correct. Thank you. Seal: Thank you for pointing that out. I appreciate that. Good guidance. Wardle: Mr. Chair, this is Jon Wardle. If I can just respond to that, that we -- we are agreeable and we can work with St. Luke's to ensure that that sidewalk comes across into a location that makes sense in alignment with what Woodrose would have on that side. Our biggest concern was the requirement for the public use easement, not for the sidewalk and connectivity itself. But we -- we will agree to a condition that says that a -- a sidewalk make a connection over to the Cooper Lane Woodrose Subdivision on the boundary of the commercial site. Seal: Okay. Thank you very much. Wardle: Thank you. Allen: Mr. Chair? Seal: Sonya, go ahead. Allen: If I may clarify. The -- the reason for the public use easement was so that the public can use it. This site does not have a public street through it and so it is private property for -- for those that might be using the walkway. So, that's the reason for it. Seal: Okay. Thank you for that clarification -- clarification. That makes a little bit more sense for me. And -- and the reason I asked on the -- on the multi-use pathway is it's -- I'm an avid bike rider myself, so as I have biked in other towns and cities there is generally a more cohesive plan for things like that where you don't have to guess where you need to go or through a parking lot or anything like that, so -- when we miss the mark on some things like that, then, I just want to make sure it's on the public record that we -- we had a discussion about it, because we -- not that this piece of property necessarily has done that, just kind of as it's been piecemealed together -- and as Jon's pointed out there is no real cohesive plan for that. So, it's difficult to have, you know, ridership in this area right here as it's being developed. So, just want to make sure that we are a little bit more aware of that as we move forward. Commissioner Smith. Smith: Mr. Chair? Seal: Uh-huh. Smith: So, question for the applicant around the -- the open space area and also Meridian Planning&Zoning Commission July 6,2023 Page 11 of 43 maybe for staff, if I'm misunderstanding something. So, my reading of the staff report sounds to me like this is not just -- this -- this site plan is not just short, but it's significantly short of the open space. It looks like the staff is recommending a minimum of 14,000 square feet or just over that and neither of the two lots appear to come close to that. Am I reading that correctly? And, if so, could -- you know, if the staff could comment on how that's -- what the plan is to resolve that? Allen: Yes. Mr. Chair and Commissioner Smith, the -- the overall common open space actually exceeds the minimum standards by just a little bit, but the specifications for that is where they are off. They are required to provide a minimum 5,000 square foot open grassy area and as proposed it's -- it's below that in both of their common open space areas. I did recommend that a minimum of 14,250 square feet of open grassy area be provided overall. That could be split up in a couple areas, but the -- at least one area should be a minimum of 5,000 square feet. Smith: Okay. Allen: So, I'm not sure how they get there. That's up to them to figure out how to get there. They may need to reconfigure some things. M.Wardle: Mr. Chairman, the other Wardle would like to interject for a moment. My name is Mike Wardle. Brighton Corporation. Director of Planning. 2929 West Navigator in Meridian. We have already covered this internally, but the area on the north side of the property, that -- that red outlined area, can be brought up to standard with a three foot shift in the units just to the west and there is sufficient room to do that. So, we will be bringing those to standard. Seal: Okay. Smith: Thank you very much. Could I ask the next question? So, there -- there was information in the -- in the public record as far as a crosswalk across Ustick. I just need to phrase this correctly, so -- and I know that work's been done to try to bring ACHD in to do that. So, there is -- there is a lot of public feedback about, you know, signalizing that -- that intersection and we do have a lot of multi-family that's coming in on Venable as it crosses the street as well, so what I -- I guess from the applicant's perspective what is your -- what is your feeling on where ACHD is at with providing that and has trust already been set up on the four corners to provide for it? Wardle: Mr. Chair, we -- we have been in conversations with ACHD about that intersection at Ustick and Venable. What is still not known at this time is the timing of when that would occur. It is interesting until recently that intersection had been considered to be a -- a roundabout location and with our staff report we actually had made a -- a change with the project to the south in the other corner of this project. They made a formal recommendation that that roundabout be removed from that and that the signal be adopted and proceed with that. We have asked ACHD what their timing is for that. They have not told us as of yet, but my expectation is that with the amount of Meridian Planning&Zoning Commission July 6,2023 Page 12 of 43 interest now and comments that have been made that ACHD can prioritize that. It is -- it would be within their future work program, but as it stands right now that timing has not been set. So, we -- like I mentioned, up until this point our side of Venable has been unimproved. We will be making those improvements and finishing out Venable, so it is a complete finished road going down to Ustick, but ACHD at some point in the future will be the one that would install and complete that signalization of the intersection and nobody likes to hear this, but do it when it's warranted. Seal: Okay. Thank you for the information on that. I just -- you know, again, it's -- you are part of a collective of things that are going in in that area, so it is getting -- it's going to get pretty crowded there for sure, so -- a lot of multi-family going in in that area, you know, close to the park as well, so just a lot of traffic. But thank you for the explanation on that. Grace: Mr. Chairman? Seal: Go ahead. Grace: Mr. Wardle, this is Commissioner Grace. I don't know if Ms. Lords is here or plans to testify tonight, but in the event that she might not be, can you just describe maybe what conversations you have had with neighbors, how that neighborhood meeting went and if, you know, any -- any concessions that maybe we don't know about occurred or just --just how those conversations have gone? Wardle: You bet. Commissioner -- or Mr. Chair, Commissioner Grace. The neighborhood process has not been short by any means. We actually started out the hearing process back in 2021 . In fact, we had a neighborhood meeting at that point in time prior to the development agreement being modified, which anticipated 57 townhomes. We also had a neighborhood meeting October 25th, 2022. We had a second neighborhood meeting on March 23rd, 2023. 1 will note that at that March 23rd meeting Ms. Lords asked if we would postpone it, but we had actually already noticed that meeting, but we told them that we would be more than willing to schedule another meeting with their association after that should they want to. We told them we would be happy to do it anytime before April 7th. We were anticipating to submit and followed up with them asking them if they wanted to have another HOA meeting and we finally got a response back from Jessica stating that they did not seem interested in wanting to have another meeting at this time and they would just submit their comments in the city and until those comments hit the record as of today, those -- that petition that was submitted have not been provided to us. I -- I will say that the comments have been consistent, which were, you know, what -- what's going to happen at Venable and Ustick and that roundabout. So, like I mentioned, it's gone away and ACHD has indicated that a signal will occur there. They were also very much concerned about improvements on Venable, which we are going to take care of. And, finally, it was the connection to Buckstone, which they didn't feel like we want to have the connection to us. I will state that Buckstone Road has been there since 2006, so it's not a new connection to it -- with the other projects that have come through, the annexation and zoning, and Meridian Planning&Zoning Commission July 6,2023 Page 13 of 43 ACHD -- this is a condition which has been consistent of maintaining that connection to Buckstone. There is comments that have been made by the neighbors that traffic will flow from our project through them. If there is traffic flowing through I -- I guess I would counter that would be from Woodburn through us out to Venable or would just be very ancillary from neighbor to neighbor. So, those are the concerns that have been made to us. You know, there is other -- other comments made about the impact of rentals and, you know, upon neighborhoods and I -- you know, that's a whole different discussion, but these would be the key issues that were raised for what's going to happen at Ustick and Venable, the improvements to Venable itself and the Buckstone connection into our project, which has existed since the very first Woodburn project had been approved pre- 2006. Mr. Grace, those are the -- those are the items that -- through those neighborhood meetings -- which have been a consistent theme going all the way back to 2021 those are the same comments that we heard each time we have had a meeting with the neighbors. Grace: Okay. Thank you. I -- and I can -- obviously, I -- I'm reading through the materials that were submitted, but -- but that additional context is helpful. So, thank you. I appreciate it. Seal: Any other comments, questions, Commission? No? Do we have anybody signed up? Hall: Mr. Chair, we do not. Seal: Would anybody in Chambers like to come up and testify on this application? If so just raise your hand. Sir, come on up. Oh, wait until you get up to the microphone. We will need your -- we will need your name and address for the record and the floor is yours. McCabe: Patrick McCabe. I live at 952 West Anton Drive, Meridian, Idaho. Seal: Thanks, sir. McCabe: And I have the same concern that was brought up by others and that is the traffic. I think, you know, you could knock on somebody's window that's been waiting at that intersection for ten minutes and say -- but there is a sidewalk over here and I don't think they would care much. I'm also concerned that, you know, the speed limit is 40, which means 45 on most roads and let's be honest, so we are going to see a lot of fatalities. People start to lose interest in -- or, you know, they get impatient and so it's going to be bad and you have traffic already, which those are on that south side, they are all developed, but not rented. So, we have not even seen the impact of that quite yet. If the few cars coming across is very difficult -- even tonight coming down to this meeting, you are sitting there for five to seven minutes and I was lucky enough to miss the end of a baseball game, which that adds tremendously to it as well. I think in this development they are going to have a hard time even getting onto Venable. I mean you are going to have to leave stop gaps or put, you know, painted lines like don't block the Meridian Planning&Zoning Commission July 6,2023 Page 14 of 43 intersection. It is a very bad intersection and it's only going to get worse. Even if you had that connection to the Buckstone, you know, those people aren't going to go way out through these neighborhoods -- scrolling neighborhoods to get out. You know, they need to get out onto Ustick. So, I think, you know, responsible development would be get the light in and, then, move on with some development like this and -- and that's, you know, adequate development. You know, I don't -- the sidewalk -- I don't think people really miss that. There is a sidewalk on the other side. I don't think that's been a big issue in -- in our community. So, I -- the last -- I looked up online and I wished I would have been able to print it out, but from ACHD they had reviewed that and had no intention of putting a light in there. So, that was the last I saw in an e-mail and it was online, you know, that I could get to it, so -- anyways, I think that's the big issue there until we get a light. Single family homes could probably tolerate that, but I don't think we can tolerate these basically apartments in that region. So, thank you very much. Seal: Thank you, sir. Appreciate your testimony. Anybody else in Chambers want to come up? Anybody online, just press the raise hand button. All right. Seeing none, no takers, would the applicant like to come back up to the virtual microphone. Wardle: Mr. Chair, Jon -- Jon Wardle. Just in summary we do appreciate the opportunity to, again, be able to bring this project in front of you and the concerns that were -- that were presented in -- on the record that showed up today and Mr. McCabe as well are -- are valid. Frankly, you know, this -- let's say it's a roadway which has been improved over time. Ustick has built out as a five lane road and there are -- there are needs adjacent to it. I think we are finally approved where ACHD know that they have realized that the roundabout is never going to happen here, but a signal will. We will continue to encourage them to, you know, move forward with that. That is not something that we can control, unfortunately, but based on our conversations with ACHD they will have to make that determination. We will -- we will continue asking them the question when that will occur and encourage them to do it sooner than later, but it's not a matter that we are able to -- to join on their behalf. We are consistent with the development agreement which was approved by the Council back in 2021. We -- we made a commitment that we would build 57 townhomes and this is the 57 townhomes are -- are what is being presented here. The open space requirements we can meet. There are some slight adjustments that need to be made as the other Wardle -- Mr. Wardle indicated. We can do that and we will present that in the preliminary plat, final plat application that goes before Council. We -- just in summary we request your approval on the conditional use permit tonight with the noted modifications of the conditions and your recommendation to Council the approval of the preliminary and final plat and I stand for any questions you might have. Thank you. Seal: Thank you. Commissioners, do we have any final questions? Seeing none, thank you, Mr. Wardle. I will take a motion to close the public hearing for File No. H- 2023-0021 , Driftwood Subdivision. Smith: So moved. Meridian Planning&Zoning Commission July 6,2023 Page 15 of 43 Grace: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0021. All in favor, please, say aye. Opposed nay? The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE RECUSE. ONE ABSENT. Seal: I -- I can jump in on this one real quick and let the rest of you finish it out. But I mean this piece is kind of in-fill. It kind of has that -- that feel to it where we are, you know, piercing together some of the final pieces, you know, of large subdivisions as -- as this comes into play. Would have liked to have seen -- especially as things come along the ditch just a more cohesive plan for this area as far as a pathway. Unfortunately, I think we kind of missed the mark on that and -- and that, you know, makes it to where we don't -- you know, we are going to -- there is no logical place to really put that in -- in this subdivision, so I'm a little disappointed by ACHD in there -- the realization that the roundabout is not going to happen there, but they have no imminent plans to augment that with a -- with -- with a light at the intersection. So, there is a -- there is a large amount of properties that are going to be coming online here, rentals specifically and multi-family, so I think we are probably going to see some more issues at this -- at this intersection for sure. So, unfortunately, the developer has, you know, no sway over ACHD and neither does the city. So, ACHD owns the roads, therefore, they have to make the decision that it's warranted to put that in, so -- at least they have indicated that what is -- that is what's going to go in there, so as far as our citizens I would definitely recommend that you contact ACHD and let them know that's something that's very much needed. So, as soon as you start to see the -- you know, the rubber tubes go across the road where they are counting that's a good sign. So, you can make an impact by doing that hopefully. As far as the application itself, I actually like -- I like townhomes, so at least they are not fourplexes or the three story buildings that we see in other places, so they seem to be pretty popular out there. I like the fact that the center is alley loaded. Kind of makes a nice livable area out of it without having too many garage farms out there. I know that they are going to adjust some of the common area to accommodate that 5,000 square foot, but I like where they are placed and if, you know, we have different places to go where you don't have to walk clear across -- you know, all the way across, which isn't that far, but you don't have to go very far to take your kids and be in a grassy area and -- and, you know, enjoy an afternoon. Plus they have the clubhouse there and some other things. So, as far as the application goes it's -- it's actually fairly pleasing in the fact that they didn't try to accommodate the entire thing with -- with the townhomes, there is going to be a commercial element to it is -- you know, I think it will -- I think it will be a good addition to the neighborhood. Commissioner Smith. Smith: Mr. Chair, yeah, I agree, especially with your thoughts around multi-use pathways, the connectivity. For reference, I personally live just north of Ustick and Meridian. I used to live on --just near Ustick and Cole Road and -- or sorry. Ustick and Cloverdale. Apologies. Where someone actually recently was -- there was a pedestrian fatality with someone trying to cross the road across Ustick. So, I -- I have -- Meridian Planning&Zoning Commission July 6,2023 Page 16 of 43 1 -- I'm under no false pretense that, you know, this is becoming an issue, especially around Ustick and pedestrian amenities -- pedestrian facilities and I agree that ACHD -- I would like to see them do more in this area around signalizing the intersection, but also providing additional pedestrian facilities. Like you said, there is -- you know, the developer doesn't really have control over that. I will say, you know, I do have the privilege of also serving on the Transportation Commission and -- and chairing the subcommittee that works on the transportation prioritization requests, so I will be e- mailing some information to staff on the Transportation Commission about this -- about looking at whether this needs to be elevated as an issue that the city takes to ACHD, you know, but -- but knowing that -- the timelines around construction of these facilities, it's -- it's -- it is frustrating. I -- I empathize with the -- the -- the citizens who have raised concerns and empathize with those concerns, but I -- I don't know that, you know, we can hold the development hostage to kind of the -- the whims of -- of what ACHD decides in the moment. So, I -- I do -- I -- I appreciate the attention -- the -- the townhome design. I appreciate what seems to be, you know, relatively reasonable, like you said, semi in-fill. I think this is a good development for the location. It's just the interconnectivity issues that are an ACHD issue and I will be kind of trying to see if there is anything that the Transportation Commission can do to help push that forward, but -- but, yeah, that's not the fault of the developer. So, I -- I support this, but I echo the frustrations. Seal: Anyone else? Commissioner Grace? Grace: Mr. Chairman, I probably can't add a whole lot more to that. I agree mostly with -- with what was stated already. Venable is tough. It is -- as have it -- having a kid play baseball over there I get it and this isn't going to make it any easier, but I do like the townhomes. I -- I will stress that point. I like the transition and I do like the commercial piece. I think that a lot of the neighborhood is going to find that a really -- a really nice amenity to have. So, again, I don't want to repeat anything, but I will be supporting it. Seal: Commissioner Rivera? Rivera: Yeah. Same here. I agree. I -- I -- I like the townhomes as well. I'm just hoping that ACHD would reconsider once, you know, those -- across the way those apartments and towns get filled and, then, this project gets up and running and they see, you know, possibly the need for -- for a light or at least a -- you know, a walk through light or something for -- to get across to those fields. I would imagine those apartments and -- and all the residents there would want to get across into the fields instead of walking all the way to -- to the light on Ustick. But other than that the project is good. I -- I think the -- you know, they are doing everything to work with staff to -- to meet all the requirements and -- and including increasing the -- the open area. So, yeah, I -- I will be approving this -- this application. Seal: Okay. Commissioner Lorcher, anything to add or a motion? Lorcher: I don't have much to add. All I know is that Ustick is going to be yucky from Meridian Planning&Zoning Commission July 6,2023 Page 17 of 43 Owyhee Storm to Eagle for the next several years with Highway 16 coming in and even though several miles away it's going to impact everything and I can see why developers want to continue to in-fill on Ustick Road because of that connectivity, so -- because it was annexed in 2007 and it was approved for -- with DA modifications in 2016 and in 2021, it's going to be a mixed-use project and if we don't approve this one it would come back as something else. So, it's inevitable. And, like everybody else said, it's a -- it's a nice use of the space. Seal: Okay. With that I will take a motion. And whoever is going to do the motion, please, review the conditions that are in the bottom part of the written testimony and if you would like to put in a condition for the path -- a pathway in the commercial zone in the southwest corner. Grace: Mr. Chairman, I will give it a shot. Seal: Go ahead. Grace: I move -- after considering all staff, applicant, and public testimony, I move to recommend approval to City Council of File No. H-2023-0021 as presented in the staff report for the hearing date of July 6th, 2023, with the following modifications: Striking the condition related to the pathway per staff recommendation and including a condition of requiring a crosswalk over -- I think it's Cooper between the Rosewood and Driftwood Subdivisions. Seal: For clarification it is not a crosswalk, just a public pathway. Grace: Just a public pathway. Okay. Yeah. I wasn't sure on that. So, I would make that a public pathway across that road as part of the motion. Allen: Mr. Chair? Seal: Go right ahead. Allen: For clarification, if -- if you are requiring a public pathway connection it does need to be in a public easement. Otherwise, it is a private pathway. And it's a pathway stub to the west boundary. It won't cross Cooper. Seal: So, essentially, just -- we would ask for a private pathway to be included on the southwest corner. Allen: Thank you. Seal: Okay. That's -- Grace: So, I would amend the motion to strike the portion about the crosswalk and the public pathway and include a condition to require a private pathway across that street -- Meridian Planning&Zoning Commission July 6,2023 Page 18 of 43 is that accurate? Seal: Don't -- not on the street, just to the southwest corner. Grace: Okay. Not on the street. To the southwest corner. Seal: Okay. Do I have a second? Smith: Second. Seal: Okay. It has been moved and seconded to recommend approval for File No. H- 2023-0021 , Driftwood Subdivision with the aforementioned modifications. All in favor, please, say aye. Opposed nay? Motion passes. Thank you very much. MOTION CARRIED: FIVE AYES. ONE RECUSE. ONE ABSENT. 6. Public Hearing for Milano Animal Care Facility (H-2023-0026) by Blue Frog, LLC, located at 3020 W. Milano Dr. A. Request: Conditional Use Permit to operate a new 3,100 square- foot animal care facility on 0.75 acres of land in the L-O zoning district. Seal: And with that I would like to open File No. H-2023-0026 for the Milano Animal Care Facility and we will begin with the staff report. Oh, that's right. And -- and -- and Commissioner Wheeler can come back. Thank you. Ritter: Good evening. Can you guys hear me? Seal: We can hear you now. Thank you. Ritter: Good evening, Chair and Commissioners. So, tonight we are here for a CUP request for the development of an animal care facility offering general practices, such as examinations, wellness visits, surgery and dental and x-ray procedures on .75 acres within a 3,100 square foot building in the L-O zoning district. Compliance with the specific use standards for animal care facilities is required, which includes the provision that all animals should be indoors at all time, except when being exercised. At such times animal shall be under the supervision and direct control of the caretaker. The applicant is proposing to install two wooden privacy fenced areas, which are located on the north and west side of the building. These areas will be used to walk animals while in the hospital care and a safe environment. And to prevent escape or injury to the animals. Access is proposed via a drive aisle from North Cortona Way, which is a local street. The drive aisle will connect to the existing commercial drive aisle that has an access point to West Milano Drive, which is a residential collector. The applicant will be required to construct the entire length and width of the two way drive aisle along the southern property prior to occupancy. The area that is labeled future parking on the site Meridian Planning&Zoning Commission July 6,2023 Page 19 of 43 plan has not been approved as part of the CUP process and vehicles should not park in this area. The applicant will be required to submit a detailed parking plan to be reviewed and approved per the standards set forth in the UDC prior to use. The -- the applicant has proposed sufficient parking that exceeds the minimum requirement. There is existing landscaping adjacent to North Cortona Way and along the northern property boundary. The developer will be required to protect this existing landscape during construction. Coordination with Republic Services for the appropriate size and location of the proposed trash enclosure is required. The city is requiring that the trash enclosure as proposed be relocated to an area away from the residential development. The business hours of operation within the L-O and C-N districts are limited from 6:00 a.m. to 10:00 p.m. The hours proposed to operate the business are from 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 12:00 p.m. on Saturdays. These hours are well within the -- the hours of operation required by the UDC. Conceptual building elevations were submitted for the hospital. The building materials appear to consist of Hardie board, synthetic stone and the shingle roof. Final design is required to comply with the design standards in the Architectural Standards Manual and will be reviewed for compliance with the design review application. There was no written testimony received for this project. Therefore, staff is recommending approval of the CUP per the provisions in the staff report. And at this time I will stand for any questions. Seal: Thank you very much. Would the applicant like to come forward? Good evening, sir. Just need your name and address for the record. Lardie: Good evening, Mr. Chair. Dan Lardie. Levin Associates. 1324 1st Street South, Nampa, Idaho. There it is. Just waiting for a PowerPoint. Seal: No problem. Technology is great when it works, isn't it? Lardie: It is. Not that -- not that I really can improve on Linda's testimony -- or her staff report, but it's pretty straightforward I think on this one. Luckily. Sometimes I get the easy ones. Is that under my control? Okay. First of all, I want to say thanks to staff. It's nice to see them again. They have been a pleasure to work with. This is an allowed use in the L-O zone via the CUP process, which is why we are here. Can I -- oh, too far. Sensitive mouse there. So, just -- just so you know, this is the location of it. If you are not familiar with the location we are just about two-tenths mile north of McMillan Road. Walmart is across the street. That's that big white building there. And I'm going to bore you with this zoning map. We are in the upper left -- or the -- excuse me, the upper right corner here in this L-O zone next to this residential zone and surrounded by the -- the commercial zone to the south. Or I should say we are LO to our south, but -- our immediate south, but across Milano Drive is commercial. And just so -- location wise, otherwise right now it's been developed out is -- this is a Small Talks Clinic and this is St. Luke's and this is Ten Mile Smile. So a dentist office. And I'm -- I really don't want to -- I really don't want to repeat a bunch of stuff. So, again, 3,100 square foot clinic. It's a small parking lot. It's got -- or excuse me -- 14 total stalls. It's -- we are only required to have six, so we exceed the standard there. The possible expansion of the parking in the future is in -- let's see if I can get this mouse -- I lost the mouse. Meridian Planning&Zoning Commission July 6,2023 Page 20 of 43 There it is. In this area as -- as mentioned we know it's not approved with this -- with this application. It's only for future expansion. Paved access to Cortona. Or down to the south. There it is. And a picture of the site. So, this is a little dated site. It was taken back in 2009, but it is representative of what's there now and it's looking west from Cortona. There is the landscape on the -- there is the landscape that they were talking about and you could see that from the aerial, but it's just a little bit closer. It's a little more mature now. Just to requote -- I'm not going to run through this. This, again, our hours of operation are Monday through Friday 7:00 to 6:00, Saturday 8:00 to 10:00. Or 8:00 to -- 8:00 to noon. Sorry. I better be careful. 8:00 to noon. So, the landscape buffer, again, is shown there. We are in agreement with the staff report. We will work with staff to move the -- relocate the trash enclosure. Close up -- close up areas of the two fenced areas that were mentioned in the staff report for the -- for the fenced in enclosures. One is an iso -- an isolation area for pets that need to be isolated if they are under treatment and the other one is to -- for all other pets to relieve themselves or to take lab samples as needed. And, then, the last this -- this one here is just a -- an idea of what the -- what the site could look. Like proposed similar finishes. Downward lighting provided. And, then, overall the site -- oops. Oh, this must be the end. Sorry, guys. There we go. So, again, future -- future parking is going to be turfed over in this space and there -- this is the landscaping plan that meets the UDC requirements and after that got to get -- got to get the pets on there; right? We look forward to your approval. Thank you and I will stand for any questions. Seal: Thank you very much. Commissioners, do we have any questions for the applicant or staff? Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: Just a question to clarify that there -- even under direct control of staff there is no location outdoors for animals to -- to kind of like -- there is no intention to linger for a specific amount -- a significant amount of time for multiple animals, just from a standpoint of concerns about animals, you know, being outdoors and barking or, you know, being, you know, together, you know, for a significant period of time for noise concerns. Lardie: Mr. Chair, Commissioner Smith, no, not out -- not outdoors. Supposed to be under direct control. Smith: Okay. Thank you very much. Seal: Quick question. It's a pretty small facility, but I will still ask. Is there -- will there be any boarding going on outside of just specific care? Lardie: Mr. Chair, so as I understand it's only specific care and the only time there will be anybody staying overnight, as far as pets go, it would be under surgery or long -- Meridian Planning&Zoning Commission July 6,2023 Page 21 of 43 maybe short-term recovery time. Seal: Okay. Thank you. Commissioner Grace. Grace: Mr. Chair, could -- I was wondering if -- could you put up the map again? I'm just trying to get a sense of where the -- where the area may be -- maybe the next one. Slide five. Lardie: Wrong one. Does that one -- does that one work for you? Grace: Well, I -- my question is where -- I'm trying to get a sense of where the area in which the animals would be outside is. Is it up against the residential area or is it more on the street or -- Lardie: So, Mr. Chairman, Commissioner Grace, as you can see -- well, I don't know if you can quite see the -- so, the pink -- the pink is the building itself. The residential area is to the north and the fenced areas -- let me roll those down. These are the two areas that the -- that the pets would be outdoors under -- under direct control and there are fenced privacy areas and they are up against the building. So, it's on the north and the west side of the building. Grace: Okay. And follow up. What -- can you remind me the -- the height of the fence is there? Lardie: It's a six foot fence. Grace: Okay. And, then, like you said, the -- there is no plans for them to be there for long periods of time. It's simply during the treatment or, like you said, if they had surgery or something they might have to spend the night for medical reasons or -- Lardie: Mr. Chair, Commissioner Grace, that's correct. Grace: Okay. And what kind of -- other than maybe your household cats and dogs, is it possible other types of animals are going to be there, too? Lardie: So, my understanding is it's all small pets. Grace: Okay. So, no horses. Lardie: I -- I'm -- not I'm not an expert in that field. I'm not sure whether -- what the veterinarian has in mind, but I was informed that it was all small pets. Grace: Okay. Thank you. Seal: Commissioners? All right. What -- make this quick. Is there anybody in Chambers that would like to testify? Yes, sir. All right. If you can go ahead and take Meridian Planning&Zoning Commission July 6,2023 Page 22 of 43 your seat and we will have you come back up in a minute. Sir, come on up. Yorgason: Good evening, Commission. For the record Dave Yorgason. Address 14254 West Battenberg Drive, Boise. I am the owner of the lots to the west and to the south. We support this project. And I will stand for any questions. Seal: Commissioners? Appreciate you coming in and letting us know that. So, that makes our decision a lot easier sometimes to hear people surrounding that are in favor or not. Thank you very much. Yorgason: You are welcome. I was not able to attend the neighborhood meeting, but they -- they have been a good -- good -- I think a good addition to the area. So, we support. Thank you again. Seal: Thank you. Hall: Mr. Chair, we have a Danielle Berry also online. Seal: Oh. Okay. Danielle, go ahead and give us your name and address and the floor is yours. Berry: Yes. So, my name is Danielle Berry. I work for Blue Frog Construction and have been working with Dan closely on this project. My address is 1735 Hall Spencer Road, Edgemoor, South Carolina. Blue Frog is actually located in Suwanee, Georgia, and we have partnered with the veterinarian on this project, you know, to kind of make his dream of owning his own practice come true and I just wanted to be here for support. I could actually not be in Idaho this evening, so I am attending remotely. But we are the ones who are actually going to be doing the architectural plans, the design, and, then, helping the client with the construction piece as well. Likely will contract that out to a local contractor who is there in the area. But I am just here as support to answer any questions anyone might have and just to speak to the fenced yards. I do know really those -- those areas are really just to walk a dog to use the bathroom should they need to collect a urine sample. There are no outdoor cages or runs for them to stay. So, the only reason they would really have an animal overnight in the facility would be for surgery recovery. It could be a late day surgery and they just were not awake enough to go home or they might be there for multi-day treatment that can't be carried out by the owner at their home. So, I'm -- I'm here for questions if anybody has any for me, but just very excited to see this move forward. Seal: Great. Thank you very much. Commissioners, any questions? No? All right. Is there anybody else in Chambers that would like to testify? Sir, go ahead and come on up. Good evening. Just need your name and address for the record, please. J.Smith: Joshua Smith. 2464 North Lochness Way. I'm the veterinarian. So, your concerns about the -- the fenced-in areas -- there will be one dog out there at a time with a technician with a leash around the -- slip lead around their neck. So, I don't want Meridian Planning&Zoning Commission July 6,2023 Page 23 of 43 any incidents happening with multiple dogs. So, one there at a time in and out. It's going to be 95 percent small dogs and cats, you know, with no horses to -- you know, too much traffic around that area. But if someone brings a calf or a goat or sheep or something like that I will see it. But that's not the intention of the facility. It's for small animal use. Yeah. So, that's it. Seal: Okay. Thank you. Anything? No? All right. Thank you, sir. Appreciate it. Anybody else in Chambers want to come up? No? I see one more number online if you want to testify just raise your hand. All right. Nobody else wants to come up. Would the applicant like to add anything? You have ten minutes to do so, so it's your -- your time. Lardie: Mr. Commissioner, no, I just look forward to your approval and I appreciate your time. Seal: Great. Thanks. Lardie: Oh. I guess I will stand for any questions if you guys have any more. Seal: Commissioners, any questions? None at all? Thank you very much. All right. And with that I will take a motion to close the public hearing for File No. H-2023-0026 for Milano Animal Care Facility. Lorcher: So moved. Smith: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0026. All in favor, please, say aye. Opposed nay? Public hearing is closed. MOTION CARRIED: SIX AYES. ONE ABSENT. Seal: Good to see stuff like this come through. It looks pretty straightforward to me. Don't see a lot of these, so good to see something like this come in. It's -- it's in my neck of the woods and we do have a dog, so we might be frequenting, depending on how she behaves. Any comments from our Commissioners or -- and, you know, a motion is always welcome. Smith: Mr. Chair? Seal: Commissioner Smith. Smith: Yeah. No, I -- I think this is a pretty easy project. My only concern was the extent and time of the outdoor, you know, space, but it seems pretty significantly removed from the -- from the residential area, you know, with -- with being one animal at a time for short periods of time. I have no issues. It's -- it's always great to see local Meridian Planning&Zoning Commission July 6,2023 Page 24 of 43 and surrounding neighbors being in support. So, I think this is really easy -- easy approval. Seal: Okay. Wheeler: Mr. Chair? Oh, excuse me. Seal: Go right ahead. Wheeler: Mr. Chair, I will make a motion. Seal: Feel free. Wheeler: Okay. After considering all staff, applicant, and public testimony, I move that we approve File No. H-2023-0026 as presented in the staff report for the hearing date of July 6th, 2023, for -- with no modifications. Seal: Do I have a second? Grace: Second. Seal: It's been moved and seconded to approve File No. H-2023-0026 for Milano Animal Care Facility. All in favor, please, say aye. It looks like motion passes. All right. Thank you, everyone. Appreciate you coming in and people testifying. MOTION CARRIED: SIX AYES. ONE ABSENT. 7. Public Hearing for 2023 UDC Text Amendment (ZOA-2023-0001) by City of Meridian Planning Division, located City Wide A Request: UDC Text Amendment to amend certain regulations in Chapters 2-5 of the Unified Development Code (UDC) Seal: All right. So, next up I would like to open public hearing for File No. ZOA-2023- 0001 for the 2023 UDC text amendment. Bill, we will give you the floor. Parsons: Thank you, Mr. Chair, Members of the Commission. This is the first phase of the UDC changes this year. I want to let the Commission know that we are going to try to be very ambitious this year with our code changes. So, this is the -- the first of -- the first round and we have some -- hopefully some exciting code changes coming your way in the next couple of months or so. Caleb's also spearheading a -- a housing subcommittee as well and he will bring forward some other changes towards the end of the year as well. So, there is a lot going on right now, but the purpose of tonight is to really talk to you about our cleanup items. So, as you are aware every six months or so staff keeps tab of some code changes that -- some nuances that come about, maybe some errors that have occurred, maybe we have met with a developer and they are like, Meridian Planning&Zoning Commission July 6,2023 Page 25 of 43 hey, is there a way we can fix some of these code changes moving forward. We have a spreadsheet. We track that. We make a note of that and, then, of course, I go ahead and get the meeting scheduled. We meet with a focus group that's made up of stakeholders and even citizens. And, again, all of the changes that are before you tonight have been vetted through that group and discussed and we are pretty confident on what we have in front of you tonight. If you had a chance to look at the staff report, you know, we -- the table that I'm showing you tonight really kind of explains the purpose of why we are changing the code and how we are changing it. But a lot of these either come from citizens or from staff or even from Planning and Zoning Commission or even City Council as you guys deliberate on these applications. But for tonight's purposes I will just kind of highlight some of the higher level changes that I think are more significant to what you guys do. And, then, again, some of this is just clean up and working with our Legal Department, just changing some nuances with the code so it does align with state statutes. So, the first item that you see on the table before you tonight was a request that actually came to us last year and, to be honest with, you I -- I -- I missed it. We met with one of the residents and she asked -- she wanted to run a daycare out of her home and when we looked at our code we realized that the R-2 zone did not allow for in-home daycare and -- but all other zones did and we were trying to question ourselves why did that occur and this is one of those changes we are like it makes sense. An R-2 property usually is a bigger lot, there is more outdoor space, probably makes sense to allow that use as well and so when we originally pre-app'd on that potential change with the homeowner, I had assured her that we would get this on the books for a change and so we finally got there. I assured her that we would get it on the books this time and I did. So, I'm -- I'm going back in time, but making it right now. But she was excited to -- to see that this was actually added to the list here and you can see here -- except for the R-40 zone everything else is -- an A just means it's an accessory use permit for an in-home business, so -- and the next one I think the Commission has dealt with on a pretty regular basis. Recently it was building heights. If you recall there is one by the interstate and there is one over at The Village that you guys had acted on and so certainly we want to encourage more height, more intensity in our city as we continue to grow. We want to make sure that we have larger employers here. So, in certain instances it does make sense to have taller buildings and we are going to take this as a step -- a stair step approach. So, right now we realize this could be broader throughout the city, but it may not make sense in every situation and so right now staff is taking a cautious approach and we are saying, okay, let's do this along the freeway, along Ten Mile and those areas for now where you guys continually acted on that. We haven't opened it up to the Eagle Road corridor or any of those things yet, but I think that there is a potential for that in the future. But at least just wanted to share with you -- and you can see here that we said may, so I mean the applicant may request that and -- but, again, this is pretty similar to our sign ordinance. You know, they get -- a lot of business owners get taller and larger signs when you are around the freeway, because that makes sense the visibility. So, again, any -- any questions or comments on that particular change? Seal: I actually had a question on the -- the daycare one, since -- and right along with what you said, they generally are -- in R-2 they are -- they are bigger properties, more Meridian Planning&Zoning Commission July 6,2023 Page 26 of 43 accommodating for things like this. Will they have the same restrictions that a smaller same number of -- of children and things like that? Parsons: Good question, Commissioner, Member of the Commission. That is accurate. So, they will be up to -- be able to watch up to six children on their property. So, it is the same -- none of those regulations are changing at this time. Seal: Okay. Wheeler: Mr. Chair? Seal: Go ahead. Wheeler: Bill, so a question I have is on the other part where it comes down to the maximum building height, yeah, we have come across those issues before. Some of the things, too, are just like when it came to appurtenances are you talking about like -- I remember one of -- one of the applicants had like a shade structure or some sort of like elevated, you know, I would call it like -- that's how I said, like a roof or something like this that was on some sort of pylons or some sort of sticks or something like that. That wouldn't be considered at least the way that you guys understand at this time as part of that height? Parsons: Mr. Chair, Members of the Commission, it could. I mean it depends on the roof design. A lot of times when we look at building height in our code it says look at the average. You go to grade, you go up, if it's a pitch roof you go to average. If it's a parapet you are going to look at the floor plate of the structure, because the parapet extends above actually the roof line. Many people don't know that, but there is actually a roof there and, then, the parapet to screen things. So, my experience with it is we typically would measure from that roof line, not necessarily the parapet. Wheeler: Okay. Parsons: But, again, in -- in a lot of the ones that I have seen I haven't seen anything go beyond this -- this hundred feet. So, that's why I said we are trying to take a small approach to a very easy approach to it right now and, then, see how it works over time and see if we want to go a little broader and -- and allow that in other areas of the city. Grace: Mr. Chairman? Seal: Go ahead. Grace: Bill, on that -- that -- that item -- so, I think what you said is that they can request it, the -- the authority would be there for them to request it. Not necessarily tell them, no, it's not prescriptive, it just leaves it open-ended. Is there any criteria that what would -- would we be given any criteria or some parameters as to when we would accept it or when we would deny it or -- Meridian Planning&Zoning Commission July 6,2023 Page 27 of 43 Parsons: So, Mr. Chair, Members of the Commission, so this if -- for example, if this -- someone came in with a building and there was an allowed use and they wanted a hundred foot tall and they met this parameter of that 750 feet, it would not require any action from you. It would be done at staff level. Grace: Okay. Parsons: Now, the other provision of code up here that we are not changing is if -- if it's not -- doesn't meet that qualification and they want to go higher, then, it's still going to come to you for that conditional use permit. So, again, that's like I said, it's -- it's -- it's taking baby steps at this point. Let's try it out, see how it works. But if it does work the way we think it should work, there may be an opportunity where we -- some of those things may be taken off of your plate and allow that to be an outright staff level approval for those height sections along certain corridors. Grace: Got it. Thanks. Smith: Mr. Chair? Seal: Go ahead. Smith: Two questions. One, I assume it's just a -- a technical correction in the maximum height limit. In the A there is kind of an orphaned clause where it says steeple belfry couplet chimney. Is that supposed to be like a colon or is there supposed to be a such as in front of that? Parsons: Yeah. Mr. Chair, Members of the Commission, only the underlying items -- or strike through items are -- are the code changes. Anything else is just already existing in code. So, I just want to make that clarification. So, none of this is new. It's really -- this F is the new standard. Everything else is already currently in code. Smith: Mr. Chair? Seal: Yep. Go ahead. Smith: And the second question, which is actually more substantive. I -- I don't know if this is the right height -- or this is short enough, but I'm thinking about, you know, cities that have open air kind of requirements of buildings that above a certain height, there is a certain setback requirement, et cetera. And I don't know that a hundred feet is high enough, but, you know, as in -- in kind of a future proofing sense is there any consideration about that for -- especially if we are starting to see maybe more developments in corridors where there is, you know, concerns about, you know, if there are too many developments of -- of a certain height above, you know, next to each other without that kind of relief. Are there any open air concerns or open kind of sky -- skylight concerns? Meridian Planning&Zoning Commission July 6,2023 Page 28 of 43 Parsons: Mr. Chair, Members of the Commission, we didn't talk about that as a group -- the UDC focus group, to be honest with you. To your point some places do look at that. A lot of times our stance is -- is we are going to let the building code or the planning code kind of dictate how that -- that plays out and how that's designed. So, in your -- say, for example, if this were to go into a Ten Mile area, which is, you know, over to 1-84 -- you see it going on now. Those buildings are 78, 80 feet tall and you can see there is pretty broad spacing between that. In speaking with the developer of that site you can see all of that surface parking. Well, they put in the surface parking with hopes that someday when you are doing in-fill they will take that surface parking and turn that into structured and -- and cover -- you know, do podium parking -- a parking structure so you could get more intensification and that's what we will probably see over time in that area. But to your point a lot of times in the building code there is a certain separation for buildings when they are over a certain square footage. I don't know exactly what all those are, but I know there is a certain separation. I have seen that in certain instances -- for example, the Scentsy campus over there off of Pine, you will see some of those large warehouses where there is a 60 foot separation between them. It's not because of a height thing, but it could be potentially. But it's really just the mass of those buildings, too, and what's driving that. So, again, no, a lot of those things weren't discussed, but I think you bring up a valid point, that sometimes when you go taller you may want to step in that building as you go up, so it's not all on the same plane, you step it in and you give some vertical relief to -- to address some of those concerns that you discussed. In my experience in other cities where we had taller buildings adjacent to shorter -- shorter buildings, we actually required a shadow study, Believe it or not, because during different seasons you are going to have a different shadow cast on the lower building, which could impact somebody's quality of life. So, that's something as we progress as a city something that we need to -- to look at and think about for sure. Smith: Thank you. Seal: Any other questions? All right. Parsons: Next couple items I won't get into the details on that. Again more cleanup items based on -- from Legal. One item that I did on this next page here on page -- let's see where we are at. Page three. Wanted to bring up the required parking spaces for multi-family. You probably are aware that we have approved a lot of developments -- multi-family developments over the last couple of years and what we realized recently is that in our specific use standards -- or at least in our parking standards for multi-family we had a different dimensional standard for surface parking than we did for commercial developments and so after us doing a few of these we had just noted that we needed to get it corrected, because we were a little deficient on some of our dimensional standards in our multi-family development. So, essentially, this particular code change is to allow -- align surface parking to match the commercial standards and not the residential standards. So, just wanted to at least just highlight that one for you. So, basically, carport parking for multi-family projects -- and/or parking stalls in general is supposed to be ten by 20. In this particular case we are -- in a commercial setting it's nine by 19. So, we are losing a foot in width and a foot in -- in length to align with the Meridian Planning&Zoning Commission July 6,2023 Page 29 of 43 commercial standards. So, not a real significant change, but just thought -- we just want to make sure that we are doing things consistently, because a lot of those projects are approved with the commercial standards and not necessarily these residential standards. So, we want to make sure that what we are approving does match up with code. I just wanted to bring that to your attention. Arts and entertainment facilities. This is one that we -- we talked about. And, essentially, whenever you have these -- these types of facilities adjacent to roadways or even residential districts there is the potential for tall lighting or nuisance lighting. Our code does address lighting, but there is always -- there always may be a case where lighting can't be achieved, because of the need of that specific tenant or that property owner and so we wanted to make sure that if -- if outdoor lighting is a potential element of the design of the -- the use that we want to make sure that if they can't meet the lighting standards that they would have the ability to at least get that vetted through the public hearing process, so that at least the adjacent residences or property owners would be aware of it and they could provide public comment on that. And I will give you an example is we have an outdoor recreation facility along Interstate and they -- they have some lights that interfere with the traveling public that travels down 1-84 and so as part of this effort we are trying to -- although we can't solve all the -- the complexity behind what that is -- what's -- that's creating, this gave us another avenue for that person or someone in the future to come forward and say, hey, we realize you have a code, it still meets X, Y, Z in the code, we just can't comply with this portion of the code, so we can go through the -- the conditional use process and at least get it vetted and people will understand that, you know, we are still -- we are meeting this section of the code, but not necessarily this section and that was approved through a conditional use permit. So, I don't know how successful it will be. This one has been controversial between city staff and the UDC focus group. It is definitely a touchy subject. Any questions on that particular change? Smith: Mr. Chair, if I can actually backtrack to kind of one of the legal cleanups, just actually -- I think a question probably for Kurt. On the prohibited signs change -- and apologies if I'm getting -- you know, if I'm overanalyzing and -- and getting a little wonky here. But for that change to K, signs for advertising activity that is illegal in Meridian, does that mean -- I'm thinking of the signs that you see when you get closer to Ontario, for example. Does that mean signs advertising activity in Meridian that is illegal in Meridian or activity anywhere that is illegal in Meridian from a sense of, you know, if there is -- is there any concern about kind of liability regarding like the difference between time, place, manner and -- and viewpoint discrimination in terms of say something like cannabis out-of-state advertising? Starman: Mr. Chairman, Commissioner Smith, so this is a topic my colleague Emily Kane worked on and very insightful. That's exactly the issue we looked at in terms of some First Amendment concerns relative to -- you know, you -- you gave a good example of some of the advertising that takes place in the Valley for marijuana operations in Oregon, for example. So, this is -- this language is intended to address things of that nature. So, my colleague, Ms. Kane, who did the research, was confident that this language would withstand legal scrutiny and -- and would be enforceable and Constitutional. But I will say there is -- there is some room for debate there and there is Meridian Planning&Zoning Commission July 6,2023 Page 30 of 43 some case law at the federal level, 9th Circuit in particular, that deals with this, but the City Attorney's Office reviewed it and is confident this language is defendable and would be helpful for our code enforcement staff. Smith: Mr. Chair? Seal: Go ahead. Smith: And is -- is that to -- to be clear, is it with the intention to limit things like that or -- or, you know, things like cannabis advertising? Starman: Advertisement be -- would be an example of something of that nature. So, this is not directed specifically at that industry or that topic, but that would be an example of a product or activity that would be covered. Smith: Thank you. Parsons: Next item on this -- I won't spend a lot of time on it, but recently you acted on Loose Screw Brewery application and I -- we had provided you commentary during our presentation to you that we would be changing the code for our drinking establishments and this -- here we are. We said we would be here on the 6th and we are sharing that with you now. So, as currently that type of use is prohibited within next -- 300 feet of a school and a church and so we are making it -- aligning it with state code that it's still allowed, so the way the code reads is you can license that type of facility when it's within 300 feet, it just needs to be done by City Council and so in this particular case we are -- so, we are clarifying that you could still do that as long as either you or City Council approves that use through that conditional use process, so -- and that basically is what -- I mean it doesn't spell it out, but as set forth in Chapter 5 of this title means it's got to go through due process. Parsons: Yep. You got it. Seal: Okay. Wheeler: Mr. Chair? Seal: Go ahead. Wheeler: So, that's just aligning with state statute. Okay. And I'm assuming drinking establishment is defined somewhere else in the code? Parsons: That is correct. We do have that defined in Chapter 1 of the code. Next item, again, is just rewording or renumbering some of the -- some changes for alternative compliance. Although there looks like there is a lot of changes here, it really is no new language, it's just renumbering the section, so -- the one -- the item on this one was the vertically integrated project. If you recall we changed those standards to the last code Meridian Planning&Zoning Commission July 6,2023 Page 31 of 43 change and we also added a requirement for private open space for vertically integrated projects. What we did is we tried to mirror the language that we had in our multi-family standards and a portion of that code section got added to this section, which doesn't apply. So, essentially, staff is removing that verbiage and, then, aligning it with our alternative compliance section in Chapter 5 of the code. So, this is, again, another cleanup, just kind of missed it on the -- on the first go around, now we are cleaning it up on this round. And, then, a lot of the last part of these changes are -- are -- came to us from Legal to just align things with state statute. So, it's really, again, more making sure our code aligns with how we operate in Idaho. And, then, here is where that vertically integrated, as I just mentioned to you, where it gets added to the -- the table and our alternative compliance section making a note here that it -- which code section it is and how you apply for that. And, again, if you recall our last code change we required applications that came forward with alternative compliance or a DA mod with a conditional use permit. It would go -- move on to City Council. They would become the decision making body. So, these last two sections of this cleanup is just to align the findings with the procedural process in Chapter 5 as you mentioned on the other one. So, it's making it clear that, you know, again, the Council will sometimes be acting on CUPs now, because of the fact that it may be current -- concurrent with other things. So, again, just more administrative items. I had a chance to look at the public record. It looks like we did get some testimony from Melissa Bernard and, again, she -- she was concerned about some of the changes that we had here, but nothing too alarming from staff. I think we are headed down the right path here. As I mentioned to you, this has gone through UDC focus group. We have met a couple times discussing this. Everyone feels comfortable with the changes. We think this will make it easier for us to enforce the code and so I will go ahead and conclude my presentation. Be happy to answer any other additional questions you may have. Wheeler: Mr. Chair? Seal: Go right ahead. Wheeler: Bill, I see there under the findings for the CUPs, Commission, it said that there is a -- let's see. Council needs to be added based on the previous change to the UDC and that it is to be the decision making body when there is a concurrent -- what is -- so, just help us understand those -- those abbreviations. AZ, RZ, PP and PFP. Parsons: Yep. I'm happy, too, Mr. Chair, Members of the Commission. So AZ is the annexation. Wheeler: Okay. Parsons: RZ is rezone. PP is the preliminary plat. And, then, you got combined preliminary/final plat is what the PFP is. So, as you know, you have -- you have -- you have -- most of our applications are concurrent as -- with all -- either annexation or a plat. So, again, as -- as noted we made -- we made that change, should -- it probably should say MDAs as well, but that's not added to this explanation, because we did make Meridian Planning&Zoning Commission July 6,2023 Page 32 of 43 that change recently, but, again, when you go through the conditional use permit section findings it doesn't mention Council anywhere, where it should, because they do act -- they are going to approve this sometimes. So, it's really -- that's why we added Council as applicable, because when you go back to that table it goes decision making body and it says C-C. So, really it's linking that table in Chapter 5, like I did with the vertically integrated with the alternative appliance, but, then, this is linking the findings with the table in Chapter 5 for the decision making body. So, again, just more administrative cleanup. Making sure code's aligning with all -- all different sections that -- different chapters in the code. Seal: This is the -- the stealing our thunder clause. Wheeler: Yes, I'm very jealous. I'm kidding, obviously. Seal: Commissioner Grace. Grace: So -- shoot. Oh. I'm just curious who is on the -- who is on the focus group? Is it just members of the staff or is there any public or -- Parsons: Mr. Chair, Members of the Commission, I don't have all the members -- memorized their names, but there is design professionals, there are some residents that are asked to -- not everyone participates at every meeting, so I don't want to disclose that we invite 20 people and all 20 show up. But we have representation from Meridian Development Corporation, which is the Urban Renewal District. We have code enforcement part of that. We have Legal team of course. We have various city departments. And, then, like I said, design professionals, developers, stakeholders, City Council liaison. I mean there is a broad range of people that are looking at this and participating. Grace: And follow up. I'm guessing that when you change code there is a notice component to it and the public knows about it and gets to weigh in if they want and all those good things; right? Parsons: That is correct, Mr. Chair, Members of the Commission, it's -- it's a little different, you know, when we are changing code it's citywide, it's not parcel specific, so you can't just put a public hearing sign, but the clerk does put it in the paper, they send it out -- put on NextDoor and, then, they also do a -- a broadcast fax -- they are PSAs what we call them, a public service announcement and it goes out to everyone so they can see it. Grace: Thanks. Smith: Mr. Chair? Seal: Commissioner Smith. Meridian Planning&Zoning Commission July 6,2023 Page 33 of 43 Smith: I do apologize, I'm probably going to be a little bit stickler on this admittedly. Pet issue. But on -- Kurt, going back to that prohibited signs. It says in all districts and thinking about the kinds of signs that are -- are targeted here, I assume the primary target is commercial signs and things like billboards, but does this also cover maybe a sign posted on a residence -- on a residential lawn, in a residential window, etcetera? Is that covered in terms of prohibiting the activity and prohibiting that signage as well? Starman: Mr. Chairman, Commissioner Smith, so I will -- let me preface my -- my remarks or my answer by saying that, again, one of my colleagues Ms. Kane did the research on -- on this, so this is not my area of expertise, but I'm going to do my best to answer your question and I think your first comment is accurate. This is -- we primarily see this in the context of commercial signage, although we don't -- you know, we don't discriminate on type -- type of communication or signage, but typically this comes up in a commercial context and becomes an issue for code enforcement staff. So, things like billboards, for example, or other commercial signage on a -- on a building or in a parking lot, things of that nature. It is not primarily geared toward resident -- or, you know, just sort of a more residential context, but I'm not sure that we explicitly prohibit that or exclude that either. So, let's take -- I will take a pause for a second just quickly, to just refresh my own memory by reading through this real quick. So, again, I think with -- again, with that caution that this is not my area of expertise, but as you mentioned this it does pertain to all districts and it does talk about private signs, so I think it would apply to -- to a multitude of uses and districts. So, I think it could apply to residential. Smith: Thank you. I don't know if I have a question, but I guess I would say that does raise some concerns in terms of -- obviously, I think the prohibited signs, things like emitting odor or strobing are -- are more of a nuisance and that is more -- that is the concern that's brought, but I -- I do worry -- you know, especially from the context of -- of a hypothetical bad neighbor or if there is a conflict between neighbors, using code as a weapon, I -- I would hate to see code enforcement and the city put at -- you know, at risk or -- or also just from a -- First Amendment standpoint limiting the rights of an individual to use signage in -- in a way that, you know, is tied -- at least in the current climate tied kind of closely to a political viewpoint considering things like cannabis or et cetera. I -- I think I just have some concerns there, especially from the residential aspects. I don't know if you -- again understanding that, you know, I -- I do tend to trust lawyers with the last name Kane, you know, and I have worked with Emily Kane on the transportation ordinance issues and she's a great lawyer. I just -- I have some personal concerns there and I don't know if you want to speak to them or if those just -- that just lies, but -- yeah. Just there. Starman: Mr. Chairman, Commissioner Smith, I can offer a couple of thoughts. So -- well, first -- my first thought is I would echo your opinion about Ms. Kane. She's an outstanding attorney and a really valued colleague. So, I would agree. I know she looked at this in some detail -- my -- would be thought number one. Thought number two is your concern relative to neighbor to neighbor disputes and people using city code as a tool against a neighbor. That's certainly a valid concern and it's something we, at the city, deal with on a regular basis and we -- fortunately, we have an excellent code Meridian Planning&Zoning Commission July 6,2023 Page 34 of 43 enforcement staff that are very expert at what they do and they are mindful of those types of tactics and I think use good judgment in those situations. But your concern is well placed. People, when they get into spats with neighbors, they look for ways to -- you know, to -- to advance that argument or to maybe get retribution and so sometimes they will look at things like city -- the city municipal code as an opportunity to do that. So, I understand your concern there. With respect to the Constitutional concerns, yeah -- yeah -- well, the city is quiet -- and city attorney's office in particular are quite mindful of the constitutional limitations of what a government entity can and cannot regulate. And how ordinance has to be crafted to protect those Constitutional rights. So, I'm -- I'm confident that Ms. Kane has looked at that information in -- all those issues in detail and has put together a thoughtful proposal. So, I'm not overly concerned about that, but I certainly understand your concern relative to, you know, the -- the rulings in this area over time from the Supreme Court of the United States and other appellate courts. There's a -- it's a tangled web of decisions that is sometimes difficult to decipher and sometimes appears to conflict with one another. So, it is a bit of a maze, but I know the City Attorney's office and Ms. Kane in particular is quite mindful of those and putting aside the -- the changes we are talking about this evening, I'm not aware that the city's ever been challenged. We have had a sign ordinance in place for many years. I'm not aware of any successful challenge regarding constitutionality up to this point in time. So, that doesn't mean it can't happen tomorrow, but I think the ordinance has served us well up to this point in time and I think the proposed changes have been well vetted amongst the legal staff. So, I understand your -- your comments and the thing I will mention and I will be quiet for a bit, is, you know, we have a couple more steps in this process. One is the Commission will consider the proposed changes tonight and have your thoughts and questions and ultimately a recommendation to the City Council. Step two will be the City Council will have this same type of discussion in a few weeks and so in the interim I can relay your questions and concerns to Ms. Kane and have her triple and quadruple check and, then, lastly, be -- even after the Council has that discussion there will be a third step which is the actual preparation of the ordinance for consideration and adoption, which will be happening even at another City Council meeting. So, we still have a few steps left in the process where we can triple and quadruple check some of those issues. Smith: Thank you. Lorcher: Mr. Chair? Seal: Commissioner Lorcher. Lorcher: I can't speak to all HOAs, but I know with our HOA in regard to signage on personal property it's very specific of what uses that you can have. So, for example, in our subdivision they do allow -- allow political signs. They do allow like happy birthday signs and graduate signs. They do not allow a for rent sign. They will allow a for sale sign. They -- but any other uses to advertise commercially or do anything privately is prohibited and I would think our subdivision is pretty typical across the city, understanding that a good portion of our city is not in a subdivision, but there just needs Meridian Planning&Zoning Commission July 6,2023 Page 35 of 43 to be some common sense here, too, so, hopefully, with the code enforcement and how HOAs are kind of regulating should take care of the majority of -- of any signs that are inappropriate. Grace: Mr. Chair? Seal: Yes, sir. Grace: Yeah. I think -- I think statutorily they have captured the political signs with HOAs, so the state legislature has dealt with that. The only thing I would just mention -- I think Kurt mentioned it, but it's worth repeating. This is -- this mostly appears like it's been in the code. The only thing that's changing are those underlying provisions, so the -- like to Kurt's point, if it hasn't been a problem this far, it doesn't mean it can't be tomorrow, but the only one that struck me, though, based on your line of -- of thinking was that was M, any roof signs. Just -- it's pretty broad. But 1, too, think very highly of Emily, so if she's done the -- the research on it, then, I have no reason to question her. Seal: Anything else? Do we have anybody signed up to testify? Sorry. I was just going to move on here and I'm like, well, wait a minute, that's not how this works, is it? Hall: Mr. Chair, we do not. There is no one signed up, nor do they have hands raised. Seal: Okay. We don't have anybody online and we only have city staff in the audience, so unless you have anything else to add, with that I will take a motion to close the public hearing for File No. ZOA-2023-0001. Wheeler: So moved. Rivera: Second. Seal: It's been moved and seconded to close the public hearing for File No. ZOA-2023- 0001 for the 2023 UDC text amendment. All in favor, please, say aye. Opposed nay? The public hearing is closed. MOTION CARRIED: SIX AYES. ONE ABSENT. Wheeler: Mr. Chair? Seal: Yes, Commissioner Wheeler. Wheeler: As I'm looking at this there are literally signs that emit odor? There are signs that emit odor? I have never -- I mean like -- I mean like Smashburger does, their signs emit odor of like good tasty meat to eat, but I'm like -- I just saw that there and I was like -- it just caught my eye, like I couldn't imagine a sign that's emitting an unpleasant odor. It's just interesting. Meridian Planning&Zoning Commission July 6,2023 Page 36 of 43 Seal: Well, they are not there, because it's in our code. Wheeler: Well done. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council for File No. ZOA-2023-0001 as presented in the staff report for the hearing date of July 6th, 2023, with no modifications. Wheeler: Second. Seal: It's been moved and seconded to approve File No. -- recommend approval for that File No. ZOA-2023-0001 for the 2023 UDC text amendment. All in favor, please, say aye. Opposed nay? Smith: Nay. Seal: Okay. Motion passes. MOTION CARRIED: FIVE AYES. ONE NAY. ONE ABSENT. 8. Public Hearing for 2023 Comprehensive Plan Policy Update CPAT (H- 2023-0029) by City of Meridian Planning Division, located City Wide A. Request: Comprehensive Plan Amendment to update text, priorities and lead/support departments for certain policies text in the Plan. Seal: All right. We will move on to open File No. H-2023-0029 for the 2023 Comprehensive Plan policy update. McClure: Good evening. We are here to talk with you about some policy updates, which is a Comprehensive Plan text amendment. Within the Comprehensive Plan the policies together are referred to as the implementation section. These include goals, objectives, action items and each with Council priorities that ideally get tied into shorter strategic plan, budgeting, and other decision making processes. Briefly this is an overview of the presentation. We will cover some background, the review of the process for the Comprehensive Plan policies, our recommendation and the next steps. The city adopted the Comprehensive Plan in 2019 and which includes all of the goals, objectives, and action items or as previously noted the policies. Adoption, however, did not include the priorities for -- for these policies. In September of 2020 a new City Council adopted an update to the plan, which included those priorities and it also included whether departments or leader support and who was responsible. As a refresh, this Commission is charged under Idaho Statute Title 67, Chapter 5, with Meridian Planning&Zoning Commission July 6,2023 Page 37 of 43 owning this plan. Tonight's update is -- tonight's update is more of an operational allocation of resources, but I hope you are all interested and I will touch more on that a bit at the end. Since it's been several years since we assigned priorities to the -- to the policies, it seemed appropriate to update Council on those. The review process started by talking with the directors, having the departments review, provide updates and, then, provide an opportunity to ask Council for input and any direction they would like to have. On May 2nd we presented the review in a work status to Council. Most of the discussion revolved around policies related to growth priority areas. Council provided direction on these and support to move forward with other staff recommended changes. The Council workshop -- the Planning and Zoning workshop discussion -- sorry. The Council workshop discussion was helpful, but all those changes to policy that staff discussed with them do require a text amendment, which is why we are here before you tonight. Public hearing process. There are 50 some policy changes, two with text. Minor modifications. Grammar. Sixteen with priority modifications. Fifteen with the lead modifications and 37 with support modifications. Note that some of those do have changes in multiple categories. I'm not going to go through all these with you. Hopefully those were easy to understand in the staff report. But we are happy to discuss any that caught your eye in your review. Seal: Commission Smith, go ahead. Smith: Yeah. So, thank you for that presentation. The two that I'm just curious about are -- or I guess it is 3.03.02E and 4.05.03D. Seems like most of the other -- the things that have changed from higher -- very high have tended to be changed to ongoing. Just curious why these two specifically regarding investment in strategic growth areas and discourage development outside of established growth areas, as well as considering public funding to preserve open space as part of a permanent land trust, why those specifically are -- are lower priority, if there is specific reason or context behind that. I'm just curious. Curiosity. Hood: Commissioners -- yeah. That -- that's maybe better -- we actually have the slide, because that -- those are kind of the meat, if you will, of some of the conversation that we had with Council in May about these. Something that Council has discussed sort of off and on since 2020 when we had three new Council Members elected -- is quote, unquote -- I'm using air quotes, because it really isn't anywhere in our code as priority growth areas and some of those concepts of directing growth in some of those areas. So, what you see is really some of that direction and discussion we had with Council, again, in May. Some of -- and I will paraphrase some of that conversation from May, but some of them -- the direction we got was it's sort of taking care of itself to some degree. It's maybe not the issue that it was even a couple of years ago when there was the -- the leapfrogging and the pushing out further and further of city limits and they -- they didn't vote, but the general consensus just -- for lack of a motion or any other action, was that the map that they did put together a year and a half ago maybe that did have some growth boundaries that were largely based on sewer sheds and fire response times was adequate enough. Thus we changed some of those priorities and, again, they think they have -- they have basically guided and directed that growth Meridian Planning&Zoning Commission July 6,2023 Page 38 of 43 without explicitly having to come up with and define where and where not the city shall grow. I don't know if that fully answered your question, but that's essentially what we heard in May. Smith: Mr. Chair? Seal: Go ahead. Smith: Yeah. Thanks. That answers my question for that. As for the public support for a permanent land trust, is that -- was that part of it kind of a similar discussion or was that just like the support was found to not necessarily be there, so it's kind of on the back burner or just some -- Hood: Yeah. Mr. Chair, Commissioner, so that -- that one is another one that has a little bit of a back story to the -- the previous community development director was kind of leading the charge on that, sort of as a -- a pet project under previous administration and he is gone and -- and the last mayor and even just through some of the city surveying that didn't rise as a top priority to our community and so that has really been back burnered at this point. Smith: Thank you. That makes sense. Seal: Commissioners, any other questions, comments, concerns? And we have nobody left in the audience. Hall: There is no one online, Mr. Chair. Seal: Okay. Is there anything specifically that was more troublesome than others as far as reprioritization? I mean had more input, more robust conversations that -- that were part of it? Mr. McClure: Mr. Chair, no, the -- the process really was -- planning -- I don't view myself as a gatekeeper, so we just sort of said, departments, what do you want to talk to Council about, what -- what -- what are your updates on these high, very high and high priorities and we will take them to Council for you. Herding cats was at times problematic, but changes to the policies themselves seem to be a non-issue, minus the few that we wanted to talk to Council about. Seal: Okay. McClure: Now that said, you know, we will have a slide here in a minute, but we are going to be working potentially next year on some changes to the -- the text themselves. Are these policies still right? Do we need to add or remove, make -- make other changes. So, not just the priorities of these policies, but the policies themselves may -- may be a little bit more interesting. Meridian Planning&Zoning Commission July 6,2023 Page 39 of 43 Seal: Interesting. Hood: Mr. Chair, I will, maybe, if -- if you don't mind, just another little peek behind the curtain to some degree. The other thing through this process that I think was interesting for a lot of the staff members that we were trying to get to review and respond on those high and very high, is -- is the city also has a strategic plan and there is a lot of overlap and there is some confusion even with the operational. Brian kind of mentioned that at the beginning, I mean this is very operational and in-house about what department is supposed to be doing what. The strategic plan is -- is very much the same and, again, there is some overlap and there is some confusion, too, with the plan as in both names. So, like, well, didn't we already do this through the Mayor's office and it's like, no, that's a citywide strategic plan versus a citywide Comprehensive Plan, which when you think about it makes some sense that there is some overlap, but I think even going into next year and, then, once we are through with this five year strategic plan at the city -- I have talked to Vincent Koontz up in the Mayor's office, we will do a better job of coordinating those plans. So, the ongoing ones that really are operational maybe aren't so much in the Comprehensive Plan and we are very more tactic driven and the Comprehensive Plan isn't so grandiose and visionary, still pretty specific about what we are trying to accomplish, but maybe we back off some of those things that are more day-to-day and really differentiate what is strategic and operational and kind of making those lines a little bit clearer. Again, this is -- this is -- the Comprehensive Plan is -- is focused on many readers; right? The public, development, staff, commissions, where the strategic plan is -- is more inwardly focused -- for the community benefit still, but most community doesn't even know we have a strategic plan. So, anyway, I just thought that was interesting as we were talking with the fire departments and some of these others are like, well, we just -- we just told the Mayor's office what we are doing with that and it's like, well, this is for a different project for a different purpose, but related. So, anyways, I will stop. Seal: So, did you say that the priorities -- even though they may be adjusted, the adjustment is more to help the different departments within the city to help them know where the prioritization needs to be within their active duty set, not necessarily a reflection of the -- kind of the overall arching Comprehensive Plan as it relates to the public? Hood: Yeah. It's a good -- it's a good question and I don't -- I -- I don't think I'm under any pretense that this is driving their work plans necessarily, but it is a checkpoint and, again, this document as -- as you will recall, Chairman, you know was vetted through our community. So, it should reflect those stakeholders that are our residents, that our business community and what they said is important to them for us to do as the city. So, there is a lot of overlap and should all be intertwined and ingrained in -- in people's day-to-day activities and, again, more of a check in. Hey, we said this was hot -- the community said this should be a high priority three years ago. How are we doing on that? Okay. We are going to make that lower again for ones that I just mentioned, like looking at -- like a foothills type of levy to preserve ag land. That was -- that was a big topic three, four years ago when we went out to the public. Again now that opportunity Meridian Planning&Zoning Commission July 6,2023 Page 40 of 43 and how we do that gets more convoluted and -- and it's just -- and we didn't just make it a lower priority, because it's hard, but there really just didn't seem to be any real momentum to do that currently in -- in the community. So, again, it's a -- it's an opportunity to check in -- in theory some of this does drive, again, work plans, but there is other factors, too. Seal: Okay. Thank you. Grace: Mr. Chair. Some -- sometimes I ask questions just for my own education, but I'm guessing that there is a requirement somewhere that you have to run these UDC and these comp plan revisions through the -- through the P&Z. I'm just wondering what that is. Why are we hearing it? Why do we have to approve? McClure: Mr. Chair, Commissioner Grace, so the Comprehensive Plan has to be adopted by -- as part of a public hearing process and your -- your -- your -- your Commission is a recommending body to Council for any of those types of applications. So, we -- we do have to present those to you. I would say, well, this one -- I have -- I have said it several times is more an operational thing. The -- the Comprehensive Plan is your document, though. State code makes that pretty clear over and over again, so -- -- you know. And I have got a couple of bullets down here, but, you know, maybe not so much tonight, because this is more of an operational -- just priority things. But if you have any general comments, if you have any questions, other areas of improvement, those are all things that, you know, we would like to talk to you more. I -- I don't hear that often. I'm also not before you all that often. But you are always welcome to share those things with -- with Bill Parsons' team or request that we have a conversation with you as well. Hood: Mr. Chair, can I follow up and -- and just provide -- a similar answer to what Brian said, but maybe phrase it a little bit different way. There are two changes tonight that would require the Planning and Zoning Commission to recommend something to the City Council anyways, because those are substantive, if you will, text changes. We have chosen to adopt in our Comprehensive Plan the lead agencies and the priorities. So, by making that choice -- state code doesn't require us to do that, but for transparency purposes we did that. We told the public here is what we said -- you know, here is what you said was important for us to do and who is going to be doing it. So, there is some accountability factor. A lot of comprehensive plans don't have that. It's more ambiguous and we can point fingers -- well, I thought fire was doing it. No, thought planning was doing it. So, if we didn't have that we could just make these changes and -- and work it out between fire and planning about who is doing what. But because we have adopted that as part of our plan, we can't just go and change it, we have to vet that, then, back through that same process that we adopt it and thus you are involved in that, as Brian stated in the Local Land Use Planning Act. So, you have a lot of authority and we rely heavily on you. Now, we do a lot of the work, but we are there to feed us any changes and comments and -- and coordination. So, to your question I think, really, on this one you really don't have a huge role, although we do want you to be comfortable with it and vet it through you. We could have done this administratively Meridian Planning&Zoning Commission July 6,2023 Page 41 of 43 if we wouldn't have included some of these things in 2020 in the actual text of the plan. Grace: No, I like the -- I like the fact that you get that additional accountability piece to it. That's great. And, no, thank you. I'm glad I asked. I learned something, so -- Smith: Mr. Chair? Seal: Commissioner Smith. Smith: Yes. For staff just looking over these -- so, I guess betrays my need to read through the comp plan some more. Are there any lines in looking at the -- you know, Attachment Two. I don't see any here. But if there is additional -- are there any policies or any -- any additions in the comp plan focused on for specifically pedestrian safety, walkability, you know, relative to arterials and collector streets, as well as like ADA, in ensuring, you know, the area is maneuverable for those with physical disabilities or limitations? McClure: If you will bear with me for one second I will show you the website. Hood: I will -- I will do a little filler as Brian is pulling up the website, which has all -- I think there is 522 policies. So, the quick answer is, yes, there are policies that address pathways, connectivity, pedestrian safety, ADA, those types of things. We will give you an example and it's sorted and I have already maybe bought enough time for Brian, but I believe it's Chapter 3 in -- in the Comprehensive Plan. There are -- it's cool -- and, Brian, if you don't mind sharing your screen now, this is, again, kind of a good tutorial. But you can sort -- and there is a pretty good search toolbox in -- in -- on the Comprehensive Plan. So, if you go to the city's website, again, and look at Comp Plan -- yep. There you go. You can filter and sort and search by different words. So, I will stop and let Brian take it from here. McClure: So, if you go to meridiancity.org/compplan and, then, click on implementation and -- and so our entire Comprehensive Plan is word for word in a -- in a -- in our website. You don't have to download a PDF. The table itself is also searchable. So, you -- whatever hot buzzword you are looking for -- use transportation, for example, and anything with transportation either in policy section, priority, whatever, will show up. Not priority. I don't believe we have anything specifically saying at ADA. I believe we do have a lot of -- that not going to -- transportation, pedestrian, safety elements. Yeah. ADA is not in there. But if you look at pedestrian, connectivity, safety, those things are sprinkled throughout, particularly in the transportation section. Off the top of my head -- I couldn't tell you which ones are -- are relevant. I do also have a spreadsheet. Happy to send it to anyone. It's even easier to use, because you can modify as appropriate. I sort of dodged that, but I also sort of hope I answered the question. Smith: Thank you. That's helpful. Seal: Any other questions? Comments? All right. Thank you very much. Appreciate Meridian Planning&Zoning Commission July 6,2023 Page 42 of 43 the information and running this through the Planning and Zoning. It -- it's helpful to have some of this information in front of us for certain and some of the prioritization that comes from it, because I do remember everybody -- for a while everybody wanted to buy a bunch of dairy farms and make them into kind of museums, you know, kind of thing and that just seemed to be this big talk around a lot of city government projects, so -- and I haven't heard anything about it for quite a while. So, I mean the reality is that, you know, a lot of mom and pops want to sell their land and take their money and do something else -- or -- or the kids or whatever that -- that looks like, so, you know, as the city kind of changes, its -- its personality a little bit, it's just become less of a priority. So, that's one of the things, obviously, that's reflected in there, so other things begin to take shape as far as the priority of what we want the city to look like in the future. Like pathways. Sorry. I had to throw that in there, so -- you can do that when you are in the catbird seat. So, appreciate that. With that, if we have no more questions, comments -- there is nobody in the public to comment. I will take a motion to close the public hearing for File No. H-2023-0029. Wheeler: So moved. Rivera: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0029 for the 2023 Comprehensive Plan Policy update. All in favor, please, say aye. Opposed nay? MOTION CARRIED: SIX AYES. ONE ABSENT. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: I move we adjourn. Seal: Oh, we have to -- no, not -- Wheeler: Not a thing? Am I wrong. Seal: We just -- we just closed the public hearing, so -- Wheeler: Oh. Seal: That's all -- that's all we have done so far. Lorcher: Make a motion. Seal: You can make a motion -- Meridian Planning&Zoning Commission July 6,2023 Page 43 of 43 Wheeler: Oh. Seal: -- to approve or deny. Wheeler: I'm sorry, I was already thinking that it got -- Seal: You were home already. I know. Wheeler: You know, I was one step ahead then. I apologize. So, I will -- I will refrain and let discussion happen if need be. Sorry about that. Rivera: Oh, I will make the motion. Seal: Go -- go right ahead. Please do. And unless there is any other discussion points, which are called for, please, go right ahead and -- Rivera: See if I can help my neighbor here. All right. After considering all staff, applicant and public testimony, I move to recommend approval of File No. H-2023-0029 as presented in the staff report for the hearing date of July 6, 2020, with -- with no modifications. Lorcher: Second. Seal: It's been moved and seconded to approve File No. H-2023-0029. All in favor, please, say aye. Opposed nay? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Wheeler: Is this where I do it now? Am I -- Mr. Chair, I make a motion we adjourn. Smith: Second. Seal: It's been moved and seconded we adjourn. All in favor say aye. Opposed nay? We are adjourned. Thanks, everyone. MOTION CARRIED: SIX AYES. ONE ABSENT. MEETING ADJOURNED AT 8:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 7 I20 1 2023 ANDREW SEAL - CHAIR MAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 15, 2023 Planning and Zoning Commission Meeting Meridian Planning&Zoning Commission June 15,2023 Page 52 of 52 the heck. Seal: I was going to say, Commissioner Wheeler, you want to make the last one? Lorcher: I can't see you. Wheeler: I'm just kidding. When you are -- when you are -- when you are present it's -- it's just simpler. So, that's literally just a joke. But, yes, I will finally take one away from Commissioner Lorcher here and actually make a motion that we adjourn. Lorcher: Second. Seal: It's been moved and seconded that we adjourned. All in favor say aye. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: All right. We are adjourned. Thanks, everyone. Lorcher: Thanks. Wheeler: Thank you, everyone. MEETING ADJOURNED AT 8:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 7 1 6 1 2023 ANDREW SEAL - CHAIR MAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for the Conditional Use Permit for Black Box VR (H-2023-0022) by Black Box VR, located at 950 N Hickory Ave. CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND "AHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Black Box VR for Suite 100 to include an indoor recreation facility(indoor virtual reality fitness gym) on 1.325 acres of land,Located at 950 N.Hickory Avenue in the I-L Zoning District,by Black Box VR. Case No(s).H-2023-0022 For the Planning& Zoning Commission Hearing Date of: June 15,2023 (Findings on July 6,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 15, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 15,2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 15,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 15,2023,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 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [BLACK BOX VR#H-2023-0022] Page 1 7. That this APPROVAL is subject to the conditions of approval in the attached staff report for the hearing date of June 15,2023, 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 June 15,2023,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 I I-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 11-513-617.2. 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 § 67-652 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. G. Attached: Staff Report for the hearing date of June 15,2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [BLACK BOX VR#H-2023-0022] Page 2 By action of the Planning&Zoning Commission at its regular meeting held on the 6th day of July ,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 7-6-2023 Attest: Chris Johnson, City Clerk 7-6-2023 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 7-6-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [BLACK BOX VR#H-2023-0022] Page 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 15,2023 Legend rs E JE1(JECSf 0 DATE: Project Location Q; TO: Planning&Zoning Commission z ;, . ti ` ' r 1, w FROM: Stacy Hersh,Associate Planner �� v + �208-884-5533 SUBJECT: H-2023-0022—Black Box VR CUP LOCATION: 950 N. Hickory Avenue in the NE '/4 of Section 8,Township 3N.,Range 1 E. — �E P.I N'E 'AV E E P'I N'E�Es . (Parcel#R3073781000) I. PROJECT DESCRIPTION Conditional Use Permit request to operate an indoor recreation facility(indoor virtual reality fitness gym) from Suite 100(2,780 square-foot)in an existing 23,000 square-foot flex building on 1.325 acres of land in the I-L zoning district. II. SUMMARY OF REPORT A. Project Suminry Description Details Page Acreage 6M 1.325-acre property Future Land Use Designation Mixed Use—Non-Residential(MU-NR) Existing Land Use Existing 23,000-square-foot flex building Proposed Land Use(s) Indoor Recreational Facility located in Suite 100(Virtual Reality Fitness gym) Current Zoning I-L Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of March 29,2023;0 attendees I attendees: History(previous approvals) A Certificate of Zoning Compliance and Design Review(A- 2021-0021)to construct a 25,000-square-foot flex building. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Page 1 • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One(1)access via E. State Avenue(local street).All- Hwy/Local)(Existing and Proposed) access points are existing and approved from previous approvals(A-2020-0165)for the overall warehouse building. Existing Road Network Yes C. Project Area Maps Future Land Use Map Aerial Map 1 Legend WC1gl Legend Project Location Q General UProject Location Indu3 101 tc O O V U LA MU-NR LA - o Office E STATE AV N O E PINE AVE E PINE AVE E PINE AVE E PINE AVE E COMMERCIAL ST .GOAME Zoning Map Planned Development Map E JEWEL ST —�� o Legend tv 0 Legend tv Project Location -J'Q 0Project Location JQ z � . City Limits ro ,- co 3 R-40 Planned Parcels Q F REEM Y / Ktt Y LN LN U 2 2 ES177 E- IN E AVE E NI N E AV E E-P-IN,E=AV-E E--RI N-E=AV-E= C-G -L E COMMERCIAL ST L-0 Page 2 III. APPLICANT INFORMATION A. Applicant: Sam Lumetta,Black Box VR—930 W. Two Rivers Lane,Eagle, Idaho 83616 B. Owner: Shannon Robnett—950 Hickory QOF Limited Partners LLC C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 5/24/2023 Radius notification mailed to properties within 500 feet 5/25/2023 Public hearing notice sign posted 6/1/2023 on site Nextdoor posting 5/25/2023 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Mixed Use Non—Residential(MU-NR) on the Future Land Use Map (FLUM). The purpose of the MU-NR designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example,MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. The Applicant proposes to develop the site with an indoor recreation facility(i.e. an indoor virtual reality fitness gym)within a portion of an existing flex building. The flex building was approved under an administrative application(A-2021-0021)due to the existing industrial zoning and planned unit development in 1991 (through Gemtone CUP). The planned unit development approved in 1991 allowed numerous uses beyond just those typically allowed in the I-L zoning district. In the surrounding area,there is a church, offices, flex space, other warehousing uses, employment, and other indoor recreation facilities(i.e. K1 Speed&Flying Pickle). With the addition of the proposed virtual reality fitness gym next to offices and other indoor recreation facilities across the street, Staff believes the proposed indoor recreation facility should complement other uses in the surrounding area and provide opportunities for residents to recreate. Therefore, Staff finds the proposed use should be an appropriate use in the MU-NR FLUM designation for the reasons noted above. In reviewing development applications,the following items will be considered in MU-NR areas: (Staff's analysis in italics) • No new residential uses will be permitted(existing residential may remain).No residential uses are proposed. Page 3 • All developments should have a mix of at least two types of land uses. The overall MU-NR designated area does have a mix of uses; multi family to the west, warehouses, light industry, offices,flex space, and a church exist to the north and east of this site within the MU-NR area. • Development is not required to comply with the minimum number of uses in the general mixed- use standards.Noted. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code.No new streets are proposed. • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, food service/restaurants,industry, or warehouse uses.Noted. • A transitional use is encouraged on the perimeter of the MU-NR areas between any existing or planned residential development. The site doesn't abut any existing or planned residential development. COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciU.or /g compplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic vitality."(3.06.02) The proposed use will contribute to the mix of uses in this area and should add to the livability and economic vitality of the community. • Monitor and adjust the amount and mix of industrial, commercial, and office areas needed to meet the employment needs of the City."(3.06.0113) The proposed use will contribute to the mix of uses in this area; however, the desire for industrial and employment uses are diminished. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The subject mixed-use area currently contains office, church,flex space, warehousing, and an indoor recreation facility(KI Speed go-kart track&Flying Pickle—pickleball courts) in the warehouse on the property to the west. The proposed use will provide another recreational opportunity in close proximity to residential neighbors to the west thereby reducing vehicle trips and enhancing livability of the area. • "Preserve the industrial base within designated industrial land use areas by discouraging non- industrial uses and focusing on light manufacturing, distribution, flex-space, and base- employment."(3.07.01D) The proposed use is a non-industrial use requesting a CUP to occupy an industrial land use area approved for flex space. Staff has some concerns about approving another commercial use for an indoor recreation facility(virtual reality fitness gym)within the vicinity purposed for industrial uses. If approved, this would be the first such use in this building. • "Protect public health and safety by guiding growth and development away from hazardous areas that pose a threat to people and property."(4.10.00) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. • "Provide,partner, and preserve public and private indoor and outdoor recreation amenities for a diverse range of physical activities."(5.01.01 C) Page 4 The proposed indoor recreation facility offers opportunities for recreation through a virtual reality fitness gym to the public and will contribute to the range of physical activities offered in the City. VI. UNIFIED DEVELOPMENT CODE UD The proposed use,an indoor recreation facility, is listed as a conditional use in the I-L(Light Industrial) zoning district per UDC Table 11-2C-2. Compliance with the dimensional standards listed in UDC Table H- 2C-3 is required and are met because the proposed use is internal to an approved structure. VII. STAFF ANALYSIS As discussed above in Section V,the proposed indoor virtual reality fitness gym is considered an appropriate use and meets the development guidelines listed for the MU-NR designation.The use is also consistent with the Planned Unit Development approved in 1991 for Gemtone Inc.,which approved a mix of commercial and light industrial uses in the I-L zoning district. This use is proposed to be contained within an existing flex space building, as noted above. The tenant space for the virtual reality fitness gym will be approximately 2,780 square feet within an existing building with no exterior modifications proposed. The Applicant submitted a site plan showing the tenant space for the reality fitness gym. The proposed use is subject to the following Specific Use Standards(UDC 11-4-3-2) -Arts, Entertainment or Recreation Facility,Indoors and Outdoors: (Staff analysis in italics) A. General Standards: 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet(100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens,are an exception to this standard. (Ord. 07-1325, 7-10-2007).No outdoor recreation areas are proposed; all activities will take place within the building. 2. No outdoor event or activity center shall be located within fifty feet(50') of any property line and shall operate only between the hours of six o'clock(6:00)A.M. and eleven o'clock(11:00) P.M.No outdoor events or activities are proposed. 3. Accessory uses including,but not limited to,retail, equipment rental,restaurant, and drinking establishments may be allowed if designed to serve patrons of the use only.Noted. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title.No outdoor speakers are proposed. B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely enclosed within a six foot(6)non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this code.Not applicable. C. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one hundred (100)seats or more or within one thousand feet(1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). No outdoor stage or musical venue is proposed. Access(UDC 11-3A-31: One(1)driveway accesse is depicted and approved on the overall site plan via E. State Avenue(local street). ACHD and the City has approved the location of the access driveway with the administrative approvals for the overall flex building(A-2021-0021). Page 5 Parking(UDC 11-3C): Based on the proposed tenant space of approximately 2,780 square feet of gross floor area, a minimum of 6 off-street parking spaces are required. As noted throughout the staff report,the building and other site improvements are existing and include the off-street parking for the entire flex building. According to the submitted site plan showing the existing site conditions,a total of 49 parking spaces are provided, exceeding UDC standards. Based on the 6 parking spaces provided for this use, a minimum of one(1)bicycle parking space is required to be provided. Bicycle parking facilities were approved at the time of CZC submittal; the submitted plans depict the bike racks located on the west side of the flex building. Because a vast majority of the area proposed for the virtual fitness gym has a limited capacity, Staff does not have concerns on the number of parking spaces available for the proposed use. Sidewalks(UDC 11-3A-1 : There are existing 5-foot wide attached sidewalks along E. State Avenue and N. Hickory Avenue that meet UDC standards. Any damaged curb,gutter,or sidewalk is required to be replaced. Landscaping(UDC 11-3B): A 10-foot wide street buffer is required to be provided along E. State Avenue,a local street,and a 20-foot wide street buffer is required along N. Hickory Avenue,a collector street, landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping is required per the standards listed in UDC 11-3B-8C. All required landscaping has been proposed and approved with previous approvals.Staffs analysis of the approved landscape plan shows compliance with all applicable landscaping code sections. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-I IC unless otherwise approved through alternative compliance. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C. All outdoor lighting was approved with the CZC approval in 2021. However, any future business signage must comply with all standards outlined in UDC 11-3D. Building Elevations: The approved building elevations and perspectives were submitted for the flex building as shown in Section IX.D.As stated throughout this report, these elevations have already been approved through the administrative process and the building is already existing. The submitted elevations are for supplementary purposes only. Page 6 VIII. DECISION A. Staff: Staff recommends approval of the proposed Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on June 15,2023.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: Sam Lumetta Black Box VR b. In opposition:None c. Commenting: Sam Lumetta,Black Box VR d. Written testimony: None e. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None Page 7 IX. EXHIBITS A. Site Plan(dated: 3/23/23) - - -------- ------------ ---n, Pf'IIII;UiI r, I � 4 � - I i -------------- 4 I _ a - w E.Sfh7E AVE. ��yy VCso] -r..,.,. ....ate. ��@�•`. .�M1.0 Page 8 B. Approved Landscape Plan(dated: 9/3/2021) PLANTING SOIL NOTES - 'k PLC sm F DLLE..,.. no m'-�'^�� ,r _ .c�•>r..r .�., aid GENERALNOTES w.xm...L= =,,.....ed..e, e .• "tee — - - - —- -- —- - - - - -••Raff OF WAY LANDSCAPE NOTES__'e•••,,Y sg AI u..... . �, E MTE ..„..,e,e......... Jl�l LANDWVE PLAN -1 f;l V+.IVFR�,......W,....,a.n...2,...�.��....,p.,.�....�.d �� LANQ3GAPE SPECIFIGkTI0N5 u�as a ,M......... e e. m, .. s■ a e I g3EE3 EETi210 LOR�ESGN BJ r➢iRR rITKNiKOP/ARTONRN�� =•i I I� r L . • . ` Page 9 — C. Building Elevations(3/23/23) AW' A 0 y y T y y I-q ........... .......... ................. T Page 10 X. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant shall comply comply with the site plan,landscape plan,and building elevations approved with A-2021-0021 includng the modifications listed below. 2. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-2—Arts, Entertainment or Recreation Facility,Indoors and Outdoors,including but not limited to the following: • Accessory uses including,but not limited to,retail,equipment rental,restaurant,and drinking establishments may be allowed if designed to serve patrons of the use only, and not the general public. • All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet(100')from any abutting residential districts. The playing areas of golf courses,including golf tees,fairways,and greens,are an exception to this standard. (Ord.07-1325,7-10-2007). • No outdoor event or activity center shall be located within fifty feet(50')of any property line and shall operate only between the hours of six o'clock(6:00)A.M. and eleven o'clock(11:00)P.M. • Accessory uses including,but not limited to,retail,equipment rental,restaurant,and drinking establishments may be allowed if designed to serve patrons of the use only. • Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems",of this title. 3. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B- 6F. B. FIRE DEPARTMENT No comments were submitted. C. POLICE DEPARTMENT No comments were submitted. Page I I D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=295048&dbid=0&r0o=MeridianCity E. Ada County Highway District(ACHD) https:llweblink.meridiancily.org/WebLinklDocView.aspx?id=294303&dbid=0&repo=MeridianCity&cr =1 F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=2969 77&dbid=0&r0o=MeridianCitX XI. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The site meets all the dimensional and development regulations of the I-L zoning district for the proposed use. Therefore, Commission finds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Commission finds the proposed use will be harmonious with the Comprehensive Plan in that it will provide an indoor recreation use which will contribute to the mix of uses desired in the MU-NR Comprehensive designation as desired. 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. Commission finds the design, construction, operation and maintenance of the proposed use with the conditions imposed, should be compatible with other uses in the general vicinity but may moderately change the character of the area due to the limited I-L zoning within the City. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. Commission finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Commission finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Page 12 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. Commision finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005). Commission finds the proposed use will not result in the destruction, loss or damage of any such features. Page 13 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for the Conditional Use Permit for Ten Mile Costa Vida (H-2023-0018) by Cushing Terrell, located at 413 S Innovation Lane CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Ten Mile Costa Vida for a new approximate 8,815-foot multi-tenant building that includes restaurants with a drive-through located within 300 feet of an existing drive-through facility,residential district, and existing residence on 1.43 acres of land,Located at 413 S.Innovation Lane in the C-G Zoning District,by Cushing Terrell. Case No(s).H-2023-0018 For the Planning& Zoning Commission Hearing Date of: June 15,2023 (Findings on July 6,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 15, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 15, 2023,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 15,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 15,2023,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). [TEN MILE COSTA VIDA CUP#H-2023-00181 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 June 15,2023, 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 June 15,2023,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). [TEN MILE COSTA VIDA CUP#H-2023-00181 Page 2 G. Attached: Staff Report for the hearing date of June 15,2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [TEN MILE COSTA VIDA CUP#H-2023-00181 Page 3 By action of the Planning&Zoning Commission at its regular meeting held on the 6th day of July ,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 7-6-2023 Attest: Chris Johnson, City Clerk 7-6-2023 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 7-6-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [TEN MILE COSTA VIDA CUP#H-2023-00181 Page 4 EXHIBIT A STAFF REPORT E IDIAN�. COMMUNITY DEVELOPMENT DEPARTMENT J A H HEARING June 15,2023 Legend DATE: CLOUD LN a 0 Project Location _WPE � TO: Planning&Zoning Commission Z U FROM: Stacy Hersh,Associate Planner . a 208-884-5533 OR o �' _W_ COBALT SUBJECT: H-2023-0018—Ten Mile Costa Vida q W DR CUP o_ UJ LOCATION: 413 S. Innovation Lane in the W 1/2 of 4i�s vANc �pyF�? w the Northwest '/4 of Section 14,Townships Z wgygRo 3N.,Range 1W. (Parcel#R8483120120) I. PROJECT DESCRIPTION Conditional Use Permit request for a new approximate 8,815-foot multi-tenant building with a drive-through located within 300 feet of an existing drive-through facility,residential district,and existing residence,on approximately 1.43 acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.43 acres(Conditional Use Permit) Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped Proposed Land Use(s) Costa Vida—Multi-tenant building(restaurant with a drive- through) Current Zoning C-G Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 3/9/2023 attendees: Page 1 Description Details Page History(previous approvals) Annexation(AZ-13-015);Preliminary Plat(PP-13-030);Final Plat(FP-14-039);H-2020-0074 MDA,PP.RZ(DA#2021- 089157);FP-2022-0009;PS A-2022-0188;CZC,DES A- 2023-0028 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study No es/no Access Access is proposed from S.Innovation Lane(private street)via W.Cobalt Drive at the (Arterial/Collectors/State North boundary of the site. Hwy/Local)(Existing and Proposed) Trip Generation 856 additional vehicle trips per day;and 111 additional vehicle trips per hour on the PM peak hour. C. Project Area Maps Future Land Use Map Aerial Map Legend Le 'g w 0 Legend 0 Project Location W P� CLOUD LN Project Location -WP� CLOUD LN d U w o � Z z High Density. a _ Residential 3 z � f z COBALT W CO$ OR o COBALT w DR C1 ! U DR MU -Res L W z w W w cf :�ES VAN U, ,O P�F� Z AY Z AY High DensityN � �„ 9yc s Employment Page 2 Zoning Map Planned Development Map Legend �� 0 Legend 7CLOUD LN"Project Location Project Location C-G City Limits Planned Parcels R-40 R-40 W CO�P��OR O C,OBALT W C1%�i' w DR ��e R a I� W Ln w W C-C :�ES VAN(/qRD N u4 Z AY Z LiJ LiJ C J N yC s N �� I H-E y III. APPLICANT INFORMATION A. Applicant: Colton Diehl, Cushing Terrell—800 W. Main Street, Boise ID 83702 B. Owner: Kyle Cooper,Needles Eye Development—22503 Lake Life Lane, Caldwell ID 83607 C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/24/2023 Radius notification mailed to properties within 500 feet 5/25/2023 Public hearing notice sign posted 6/2/2023 on site Nextdoor posting 5/25/2023 Page 3 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Commercial within the Ten Mile Interchange Specific Area Plan on the Future Land Use Map (FLUM). The purpose of the Commerical designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses,as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. The subject site is one of multiple commercial zoned and designated properties that surround the intersection of Ten Mile and Franklin. There is a multitude of commercial uses existing and under construction with more to come as this area continues to develop. The proposed use of a restaurant with a drive-through is a desired use designated within the Commercial designation in the Comprehensive Plan, as noted above. The proposed use, in conjunction with the already approved or constructed uses, satisfy the general Commercialfuture land use designation for this area. Stafffinds theproposedproject is generally consistent with the Comprehensive Plan. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /comp-plan): 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): • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets."(2.01.04B) All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.01F) City water and sewer service stubs have been provided to this site with the development of the subdivision. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact."(3.05.01J) The proposed drive-through restaurant will contribute to the variety of uses and fast food options in the Ten Mile Interchange Area of the City. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A). A 10 foot wide pathway is proposed to be constructed within the buffer area along the entire frontage of S. Ten Mile Road, as part of the final plat site improvements approved for TM Center Subdivision No. 1. Additionally, the Applicant is proposing a 5-foot wide pedestrian walkway along the northern boundary of the site that provides a connection to the front entrance of the building. This walkway will connect across the private street(S.Innovation Lane) to a 5-foot- wide attached sidewalk as required by the conditions of approval for the private street. • "Minimize noise, lighting,and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.0117) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. Page 4 VI. STAFF ANALYSIS A. CONDITIONAL USE PERMIT(CUP) Conditional use permit for a new 8,815 square foot multi-tenant building with a drive-through for a Costa Vida restaurant on approximately 143 acres of land in the C-G zoning district to allow the requested drive-through use within 300 feet of another drive-through facility,residential district, and existing residence. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. All establishments providing drive- through service are required to identify the stacking lane,menu, and speaker location(if applicable), and window location on the site plan. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles, and the public right-of-way by patrons; The proposed site layout for the multi-tenant facility includes a separate stacking lane that provides queuing space for multiple vehicles, which is located before the drive-through window. The drive- through itself starts at the northside of the building and exits at the south side,facing S. Innovation Lane. However, Staff has some safety concerns regarding the entry to the drive-through from the north. At the entrance of the drive-through, vehicles will be entering the drive-through while vehicles are attempting to park or back out of the Kum and Go parking stalls, north of the stacking lane. To alleviate some of staffs concerns, the menu board was moved closer to the pick-up window along the west side of the building to allow ordering to occur away from the parking. Further, staff recommends that the Applicant install additional signage and parking lot striping to clearly mark and guide traffic safely throughout the site. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from the circulation lanes needed for access and parking, except for the portion adjacent to the Kum and Go site. 3)The stacking lane shall not be located within ten(10) feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape lane; and The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed prior to approaching the ordering window on the northwest side of the building(see paint striping on site plan). 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located starting on the north side of the building and ending on the south side of the building. The drive-through is visible from S. Ten Mile Road along the west side of the building for surveillance purposes. Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific Page 5 use standards as required. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49 Restaurant,which requires at a minimum,one(1)parking space to be provided for every 250 square feet of gross floor area(see parking analysis below). The proposed multi-tenant building will include space to accommodate Costa Vida and up to two(2) additional tenants upon project completion. NOTE:If the site was to develop with all restaurant uses,parking is in excess of UDC standards as noted below. Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. Access(UDC 11-3A-31: Access is proposed on the site plan from S. Innovation Lane, a private street on the west side of the property, and the collector road to the north(W. Cobalt Drive). Vehicles accessing the site will enter from the northeast or southeast and have the option to park in the lot in front of the drive-through or proceed northwest along the 12'drive-through lane. This lane merges with the ordering window and allows for exiting back to the drive aisle in the southeast direction. An escape lane is provided along the west side of the building,which leads to the drive aisle along the south side of the building. To improve traffic flow and minimize confusion, it is recommended that the 50 foot wide entrance oin the NEC with the adjacent Kum and Go site should be reduced to 25 feet.Staff recommends the applicant coordinate with the Kum and Go reps on the redesign of this shared driveway.Staff entailed the proposed site plan to the Kum and Go engineers and they are analyzing the request.Additionally, there appear to be two right-lane turn-only lanes,Staff recommends that one of these lanes be removed to prevent confusion for drivers entering and exiting the site. Prior to Certificate of Occupancy,the applicant shall record a cross-access/ingress-egress easement to adjoining properties to the north and south[R8483120140&R84831201051 and submit copy of said easement to the Planning Division in accordance with the provisions of UDC 11-3A-3A2. Direct access via S. Ten Mile Road is prohibited. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required per 250 square feet(s.f.) of gross floor area. Based on the 8,815-foot multi-tenant building, a minimum of 35 parking spaces are required. A total of 55 parking spaces are proposed, exceeding UDC standards. A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the plans submitted with this application that meet the requirements. A detail of the bicycle racks is provided on the landscape plan submitted and appears to be in compliance with this standard Pedestrian Walkways: The proposed plan includes a pedestrian walkway that will run from the northeast side of the building across S. Innovation Lane.Where pedestrian walkways cross vehicular driving surfaces, they're required to be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. The site/landscapeplan submitted with the Certificate of Zoning Compliance application should reflect compliance with this standard—theproposed striping of the crosswalk is not an approved material and should be revised to comply with this standard. Landscaping(UDC 11-381: Street buffer: The street buffer along S. Ten Mile Road and W. Cobalt Drive was constructed with the improvements for the Ten Mile Creek Subdivision No. 1 for the common area site improvements 'Parking Page 6 lot: Landscaping is required in the parking lot per the standards in UDC 11-3B-8C.1. The submitted landscape plan appears to be in compliance with this standard. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC I I-3A-I IC. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-I IC. Details of the lighting proposed on the site shall demonstrate compliance with the standards listed in UDC 11-3A-11 and should be submitted with the Certificate of Zoning Compliance application. Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be roof-mount, all equipment should be screened and out of view as noted above. Building Elevations(UDC 11-3A-19 I Architectural Standards Manuan: Conceptual building elevations were submitted for the proposed structure as shown in Section VII.C. Building materials consist of EIFS, stucco,metal roofing ribbed metal paneling,wood metal panels,metal awnings, and glazing. Final design is required to comply with the adopted TM Crossing Design Guidelines. Certificate of Zoning Compliance(UDC 11-5B-1): A Certificate of Zoning Compliance(CZC) and Design Review were approved for this site and building(A- 2023-0028). The Applicant shall submit a revised site plan to reflect Staff's recommended changes for the proposed use prior to the submittal of a building permit application to ensure compliance with UDC standards and the conditions listed in Section IX. VII. DECISION A. Staff: Staff recommends approval of the Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on June 15,2023.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: Kyle Cooper, Costa Vida b. In opposition:None C. Commenting: Kyle Cooper,Costa Vida d. Written testimony: None e. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None Page 7 VIII. EXHIBITS A. Site Plan(date: 3/23/23) rlore- _a -- - - :4-- - -- i G -� Pkm �j�COSTA VIDA•DESIGN RENEW S11E PLAN n riu Page 8 B. Lanscape Plan(date: 3/23/23) -may- =- _ o itIM-r`' 1 • . NlY•w ._ ^� •iL"L"C IC. -I..•...e�®�I- ...L'LT�C.S ter.-rr,,.�..ir,..-....,.I. LANDSCAPE PLAN 25 �'�.:taszaa.a:�x• ...�._..... s '��:��::3'�=.��"•" ��,a� .�r�-rw�s-sue •�;=-o.o_va.•��mr sa�a�.:.--�-- -s�atr..� .,.r..r..._ a�+.EAR�e�ry3�5�` 7-t_•. x == e.�� W-RAW.K.W-M KAF ucumcsux a $a s -ir � � - ., .r�.......w.........r._.,-.. .�.=•-=^-��a;�. •s�i-si�sxaa:.-ra�_� •aasrrrmssxasmeam•--^--•.••, �„,a�, s�sroa�__.�••-•--• •�Tairy.'�41�•3!.•_'1s_'.L_'Y'—_°'.'-e��"' .::LSSi'..,.-._.....�„-,..- ....rr-"�:5..-...5—`-ram YL�_ "Siv�.:A��s��i•4. -�-..m i�.-.�mn =v-Lift= krn Maw Luc M i Ww 3 Page 9 C. Costa Vida Proposed Elevations W, Cushing -- —---tea — — ---- -�- --- ----------'pro W !�NUAiH-COLIXi 3 ------- ._._._- vre^r-cadre --- _7�B A202 Page 10 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein[H-2020-0074 MDA. PP. RZ(DA#2021-089157);FP-2022-0009;PS A-2022-0188; CZC,DES A-2023-00281. 2. The site plan and landscape plan approved with the Certificate of Zoning Compliance application (A-2023-0028) shall be revised as follows: a. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. b. Additional signage and parking lot striping is required throughout the site to efficiently and adequately direct patrons to the menu boards and throughout the site with minimal conflict. c. Coordiante with the Kum and Go respresentatives to reduce the 50-foot wide entrance on the northeast to 25-feet in width to minimize potential conflicts with vehicles entering and exiting the site. d. The pedestrian walkway from the perimeter sidewalk across S. Innovation Lane to the main building entrance shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4b. 3. The existing landscaping buffers along S. Ten Mile Road and W. Cobalt Drive remain in place and shall be protected during construction on the site per UDC 11-3B-10. 4. Compliance with the standards listed in UDC 11-4-3-I1—Drive-Through Establishment and standards listed in UDC 11-4-3-49—Restaurant is required. 4. Direct access via S. Ten Mile Road is prohibited. The applicant shall provide written documentation of the recorded cross-access easement at the time of Certificate of Occupancy of the future building. 5. A Certificate of Zoning Compliance application shall be submitted and approved for the proposed use prior to submittal of a building permit application. Compliance with the design guidelines in the Ten Mile Interchange Specific Area Plan and the design standards listed in the Architectural Standards Manual as applicable is required. 6. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-513-6F. B. PUBLIC WORKS Site Specific Conditions of Approval 1. General Conditions of Approval 1. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a Page 11 single utility,or 30-feet wide for two. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 3. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 4. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 5. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 6. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 9. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. I t. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 13. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 12 C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. VALLEY REGIONAL TRANSIT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=298049&dbid=0&repo=MeridianCitX F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciV.orglWebLinkIDocView.aspx?id=295721&dbid=0&repo=MeridianCity G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.ofglWebLinkIDocView.aspx?id=295141&dbid=0&repo=MeridianCitX H. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.orglWebLinklDoc View.aspx?id=297171&dbid=0&repo=MeridianCitX X. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section VI for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff ,finds the proposed restaurant with a drive-through will be harmonious with the uses allowed in the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VI of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds the design, construction, operation and maintenance of the proposed use will be be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as Page 13 highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. Staff ,finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Staff finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005). Staff finds the proposed use will not result in the destruction, loss or damage of any such features. Page 14 E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Planning and Zoning Commission Meeting July 6, 2023 Item #5: Driftwood Subdivision AERIAL MAPZONING MAPFUTURE LAND USE MAP Conditional Use Permit & Combine Preliminary/Final Plat Site PlanLandscape Plan Site Amenities Conceptual Building Elevations Preliminary/Final Plat Item #6: Milano Animal Care Facility AERIAL MAPZONING MAPFUTURE LAND USE MAP Conditional Use Permit Site Plan Drive Aisle to be neededgrassed until )to be this CUPapproved as part of not Future Parking ( Landscape 20’ residential and street buffer Existing Landscape:away from residential areaRelocate trash enclosure Plan Conceptual Front/Right SideElevationsBuilding Conceptual Rear/Left SideElevationsBuilding Changes to Agenda:  Item #4: Shoemaker Franklin (H-2023-0008) – Applicant requests withdrawal of application. Item #5: Driftwood Subdivision (H-2023-0021) Application(s):  Conditional Use Permit  Combined Preliminary/Final Plat Size of property, existing zoning, and location: This property consists of 9.01 acres of land, zoned C-C, located at 870 W. Ustick Rd., at the NWC corner of W. Ustick Road & N. Venable Avenue. History: This property was annexed in 2007 with the requirement of a DA, which was later amended. The existing DA allows for the development of approximately 60 multi-family units & a minimum of (2) commercial buildings per the approved conceptual development plan. A CZC was recently approved for site improvements, including an internal shared access driveway with detached sidewalk & associated landscaping and storm drainage. Comprehensive Plan FLUM Designation: MU-C Summary of Request: A CUP is requested for a MFR development consisting of 57 townhome-style dwelling units on the northern 4.81 acres of the site in the C-C zoning district. A gross density of 12 units/acre is proposed consistent with the density desired of 6 to 15 units/acre in the MU-C designation. The proposed development plan is consistent with the conceptual development plan and associated provisions in the existing DA. Access is proposed via a drive aisle from N. Venable Ave., a collector street, at the east boundary & N. Buckstone Ave., a local street, at the north boundary. Buckstone currently stubs to the north boundary of this site. A multi-use pathway is required to be provided from the east to the west boundary of the site along the drive aisle for future extension to the west in accord with the PMP. Compliance with the specific use standards for MFR developments is required, which includes private and common open space and amenities as well as parking. A minimum of 80 s.f. of private usable open space is required per unit. A minimum of 0.46-acre of common open space is required; a total of 0.48-acre is proposed consisting of (2) common open space areas with amenities and the street buffer along the collector street (i.e. Venable). The street buffer isn’t allowed to count toward the minimum open space; therefore, a revised open space exhibit that excludes that area should be submitted. Additionally, all multi-family projects over 20 units are required to provide at least (1) open grassy area integrated into the site design allowing for general activities by all ages that is a minimum of 5,000 s.f. in area; the area is required to 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. The open grassy area in both of the open space areas is below 5,000 s.f. in area; Staff recommends a minimum 14,250 s.f. (or 0.33-acre) of common grassy area is provided commensurate with the size of the development based on 250 s.f. per unit; the plans should be revised accordingly prior to the City Council hearing. A minimum of (3) amenities are required based on the number of units proposed with one from each category. The Applicant proposes a clubhouse, picnic area with a shade structure and a children’s play structure in accord with UDC standards. Based on (13) 2-bedroom units and (44) 3-bedroom units, a minimum of 164 off-street spaces are required, including guest parking, with 57 of those in a covered carport or garage. A total of 194 spaces are proposed with 84 of those covered, which exceeds the minimum standards by 30 spaces. Based on the parking provided, a minimum of 8 bicycle parking spaces are required. Conceptual building elevations were submitted for the townhome-style structures consisting of (15) 2-story structures in 3- and 4-unit clusters containing a mix of 2- and 3-bedroom units with a minimum of 1,250 s.f. per unit. Building materials appear to consist of stucco and horizontal siding in two (2) different colors with stone veneer accents. These elevations are generally consistent with those included in the existing DA as required. Final design is required to comply with the design standards in the Architectural Standards Manual and will be reviewed for compliance with these standards with the Design Review application. Compliance with the building code requirements for separation between structures within the development is also required. A combined PFP is proposed to subdivide the property consisting of one (1) residential building lot, (2) commercial building lots and (1) other lot, on 9.01 acres of land. As mentioned, an east/west drive aisle is proposed through the site which provides access from Venable Ave. at the east boundary of the site. A cross-access easement is required by the DA to be granted to the property abutting the southwest property boundary prior to issuance of Certificate of Occupancy for the western commercial pad site OR when Parcel #0436346613 developers, whichever occurs first. The existing irrigation ditch along the southern boundary of the site is required to be piped with development. Written testimony:  Online petition from Woodburn Subdivision with 373 signatures in opposition of the proposed development.  Mike Wardle, Brighton Development (response to the staff report) – in agreement with the staff report except for the condition requiring a multi-use pathway through the site – the Applicant requests the provisions related to the pathway be stricken (i.e. conditions #1.8d, #1.8i, #2.1c and 2.1.5). Staff Recommendation: Approval w/conditions in the staff report. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2023-0021, as presented in the staff report for the hearing date of July 6, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2023- 0021, as presented during the hearing on July 6, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0021 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) ___________________________________________________________________________________________________________ Item #6: Milano Animal Care Facility (H-2023-0026) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 0.75 acres of land, zoned Limited Office (L-O), located near the northeast corner of Ten Mile Road and McMillan Road at 3020 W. Milano Drive. History: Verona Subdivision (AZ-03-005), DA #103097612; Verona Subdivision No. 3 Rezone (RZ-05-006); Verona Subdivision No. 3 FP (FP-05-046); DA Mod (MI-08-006, DA #108101152); H-2021-0080. Comprehensive Plan FLUM Designation: Office Summary of Request: The Applicant proposes to construct and operate an animal care facility offering general practices such as examinations, wellness visits, surgery, dental and x-ray procedures from a new 3,100 square-foot building. The applicant is proposing to install two (2) wooden privacy fenced areas which are located on the north and west side of the building to ensure animal safety. These areas will be used to walk the animals while in the hospital care in a safe environment and to prevent escape and/or injury to the animals. Drive Aisle: There is an existing drive aisle access point located along the eastern boundary at N. Cortona Way. This drive aisle will connect to the existing commercial drive aisle that has an access point to W. Milano Drive. The applicant will be required to construct the entire length and width of the two-way drive aisle along the southern border of the property prior to occupancy. Parking: The applicant is proposing to add a total of 14 spaces which is exceeds the UDC standards. Based on the 3,100 square-foot facility, only a minimum of 6 parking spaces are required. Future Parking: The area labeled future parking on the site plan has not been approved as part of this CUP process and vehicles should not park in this area. The applicant will need to submit a detailed parking plan for this area per the standards set forth in the UDC. Landscaping: An attached sidewalk and twenty (20) foot landscaping buffer along N. Cortona Way has been installed. There is a 20- foot wide landscaped buffer along the north property boundary bordering the existing residential uses as well as an existing 6-foot tall fence to assist in screening and buffering the proposed use. The applicant will be required to protect the existing landscaping on the site during construction. Trash Enclosure: The applicant will need to coordinate with Republic Services for the appropriate size and location of the proposed trash enclosure and relocate to it to an area that is away from the residential development. Building Elevations: Conceptual building elevations were submitted for the proposed structure as shown in Section VIII(C). A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. Final design is required to comply with the design standards in the Architectural Standards Manual and recorded development agreement. Hours of Operation: Business hours of operation within the L-O and C-N Districts are limited from 6:00 a.m. to 10:00 p.m. The applicant is proposing to operate the business within the following hours: Monday through Friday - 7 a.m. to 6 p.m.; Saturday - 8 a.m. to 12 p.m. well within the required hours of operation. Written Testimony: None Staff Recommendation: Approval of the CUP per the provisions in the staff report. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approve File Number H-2023-0026, as presented in the staff report for the hearing date of July 6, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0026, as presented during the hearing on July 6, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0026 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) ___________________________________________________________________________________________________________ Item #7: Application(s): 2023 UDC Text Amendment   Size of property, existing zoning, and location: History: Comprehensive Plan FLUM Designation: Summary of Request: Operating Hours: The applicant is asking for extended operating hours. T Parking: Written Testimony: Staff Recommendation: Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number ZOA- 2023-0001, as presented in the staff report for the hearing date of July 6, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number ZOA- 2023-0001, as presented during the hearing on July 6, 2025, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number ZOA-2023-0001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) ___________________________________________________________________________________________________________ Item #8: 2023 Comprehensive Plan Policy Update CPAT Application(s):  Size of property, existing zoning, and location: History: Comprehensive Plan FLUM Designation: Summary of Request: Written Testimony: None Staff Recommendation: Approval with conditions listed in the Staff Report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0029, as presented in the staff report for the hearing date of July 6, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0022, as presented during the hearing on July 6, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0029 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) ___________________________________________________________________________________________________________ W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Driftwood Subdivision (H-2023-0021) by Brighton Development, Inc., located at 870 W. Ustick Rd. Application Materials: https:Hbit.ly/H-2023-0021 A. Request: Conditional Use Permit for a multi-family development consisting of 57 dwelling units on 4.81 acres of land in the C-C zoning district.B. Request: Combined Preliminary/Final Plat consisting of one (1) residential building lot, two (2) commercial building lots and one (1) other lot on 9.01 acres of land in the C-C zoning district. PUBLIC HEARING SIGN IN SHEET DATE: July 6, 2023 ITEM # ON AGENDA: 5 PROJECT NAME: Driftwood Subdivision (H-2023-0021) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 � 3 4 ti E 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT 1,H p HEARING July 6,2023 Legend �� DATE: 0 IProiet Lacaiiar TO: Planning&Zoning Commission Ea WM FROM: Sonya Allen,Associate Planner 208-884-5533 --- SUBJECT: Driftwood Subdivision—CUP,PFP H-2023-0021 � LOCATION: 870 W.Ustick Rd., at the NWC corner off [BEE urnm W. Ustick Road and N. Venable Avenue, in the SW 1/4 of Section 36, TA.,R.1W. UM I. PROJECT DESCRIPTION Conditional Use Permit(CUP) for a multi-family development consisting of 57 dwelling units on 4.81 acres of land in the C-C zoning district; and a combined preliminary/final plat(PFP)consisting of one(1) residential building lot, (2)commercial building lots and(1) other lot, on 9.01 acres of land in the C-C zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 4.81 acres Future Land Use Designation Mixed Use-Community(MU-C) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Multi-family residential&commercial Current Zoning C-C(Community Business District) Proposed Zoning NA Lots(#and type;bldg/common) 3 building(1 residential&2 commercial)/1 common/other lot Phasing plan(#of phases) 1 Number of Residential Units(type 57 multi-family(townhome style)units of units) Density(gross&net) 12 units/acre(gross) Open Space(acres,total[%]/ 0.46-acre(required);0.48-acre(proposed)—not all is qualified.See Section buffer/qualified) VIA for more information. Page 1 Amenities Clubhouse,children's play structure and picnic area with a shade structure. Physical Features(waterways, An irrigation ditch runs along the southern boundary of the property adjacent hazards,flood plain,hillside) to Ustick Rd. Neighborhood meeting date 3/23/23 History(previous approvals) AZ-07-018 Settler's Square(Ord.#08-1364,DA Inst.#108059803);H-2016- 0074(MDA)(DA Inst.#2016-097989);H-2021-0072(MDA)(Settler's Square DA Inst.#2022-008733—this DA replaced all previous DA's);A-2022-0111 (CZC for site improvements including an internal shared access drive-aisle with detached sidewalk&associated landscaping and storm drainage). B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • TIS es/no No(not required) • Existing Conditions Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Ustick Road 635-feet Principal Arterial 1,045 Better than"D" Venable Avenue 615-feet Collector 108 Better than"D" 'Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH). `Acceptable level of service for a two-lane collector is"D"(425 VPH). Ustick Rd.is improved with 5-travel lanes,vertical curb,gutter and 5'wide detached sidewalk.There is 96' of ROW for Ustick Rd.(48' from centerline). Venable Ave. is improved with 2-travel lanes and no curb,gutter or sidewalk abuttin the site.There is 58' of ROW for Venable 30' from centerline). • CIP/IFYWP There are no roadways,bridges,or intersections in the general vicinity of the project that are in the District's Capital Improvement Plan(CIP). • Venable Street is scheduled in the IFYWP to be established as a new bikeway corridor with wayfinding/bikeway signage, pavement markings, and enhanced crossings at Ustick Road. The design year is scheduled in 2024;no construction year has been determined at this time. Access(Arterial/Collectors/State Access is proposed via Venable Ave.,an existing local street designated on Hwy/Local)(Existing and Proposed) the MSM as a residential collector street;no access is proposed or allowed via Ustick Rd.,an arterial street. Proposed Road Improvements No improvements are proposed to Ustick Rd.; Venable is proposed to be improved as 'h of a 36' street section with curb,gutter and 7'wide attached sideway within the existing ROW. Estimated Trip Generation 1,717 trips per day Fire Service • Distance to Fire Station 1.8 miles from Station#3 • Fire Response Time This development currently falls in an area where we don't have total response times that meet NFPA 1710 standards or adopted standards. • Resource Reliability 77%(does not meet target goal of 80%or greater) • Risk Identification 2(current resources would be adequate to supply service) • Accessibility Meets required access,road widths and turnarounds. • Special/resource needs Will require an aerial device; can meet this need. Page 2 1/ 11 ' � 1• � 1 row, � � C 1 1 1 I : ■1■1 :- NOON --�2 - • • - Q. 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APPLICANT INFORMATION A. Applicant: Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 B. Owner: Brighton Ustick,LLC—2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 6/21/2023 Radius notification mailed to property owners within 300 feet 6/9/2023, 6/20/2023 Public hearing notice sign posted 6/24/2023 on site Nextdoor posting 6/8/2023 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use—Community(MU-C). 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 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 in the Comprehensive Plan(pg. 3-19). Sample uses appropriate in MU-C areas include: All MU-N categories, community grocer, clothing stores, garden centers,hardware stores,restaurants,banks, drive-thru facilities, auto service station,and retail shops, and other appropriate community-serving uses. Sample zoning include: R-15,R-40,TN-R, TN-C, C-C, and L-O. TRANSPORTATION: The Master Street Map(MSM) depicts N.Venable Ave. as a residential collector street and W.Ustick Rd., as a planned commercial arterial street. PROPOSED USE: The Applicant proposes to develop the northern portion of this site with a 57-unit multi- family development with townhome-style units and the southern portion of the site with commercial uses consistent with the uses desired in MU-C designated areas. The proposed gross density of the residential portion of the site is 12 units/acre,which is within the desired range in MU-C designated areas of 6 to 15 units/acre and consistent with the concept plan approved in the development agreement. 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): Page 4 • "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 townhouse-style multi family units will contribute to the variety of housing types in this area of the City. • "Require appropriate building design, and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D) The proposed design of the townhome-style units should be compatible with the design of adjacent single-family homes. Perimeter landscaping is proposed along the north and northwest boundaries along with a 6-foot tall vinyl fence to buffer the existing residential homes. The east/west driveway through the site and associated landscaping should provide a transition to proposed residential and commercial uses. • "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. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) The proposed multi family townhouse-style units will contribute to the mix of housing types available for rent in the City and in this area. There is currently a mix of single family detached dwellings and multi family apartments and townhome-style units in this area. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed multi family use should be compatible with adjacent single-family uses as they're residential in nature. The proposed site design with landscaping and fencing around the perimeter should minimize conflicts and maximize use of land. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be 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 infill development; development of this vacant site will result in more efficient provision of public services. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine, play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) Page 5 The proposed multi family development is in close proximity to Settler's park, a convenience store/gas station and other neighborhood services. Future development of the commercial portion of the site should offer more variety of uses to serve area residents. "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 infill property, 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) A CUP is requested for a multi-family development consisting of 57 dwelling units on 4.81 acres of land in the C-C zoning district. Townhome-style units in 15 separate structures are proposed in 3-and 4-unit clusters consisting of a mix of 2-bedroom(13) and 3-bedrooms(44)with a minimum of 1,250 square feet for each unit. The existing Development Agreement(Inst. #2022-008733) for Settler's Square entitled this property to develop with approximately 60 apartment units per the approved conceptual development plan. Dimensional Standards: Future development is required to comply with the minimum dimensional standards of the C-C zoning district in UDC Table I1-2B-3. The Applicant should confirm with the Building Dept.the proposed building separation meets the minimum standards—a greater separation or fire-rated walls will likely be required. Phasing: The multi-family development is proposed to be constructed in one phase. Access: Access is proposed via a driveway from N.Venable Ave., a collector street, at the east boundary and N. Buckstone Ave., a local street, at the north boundary. Buckstone currently stubs to the north boundary of this site. Pathways: A multi-use pathway is depicted on the Pathways Master Plan(PMP)along the northern boundary of this site;however,the Park's Dept. requests an alternate alignment for the pathway from the sidewalk along Venable Ave. east/west through the site along the drive-aisle to the west property boundary. The proposed 5-foot wide sidewalk is an adequate width but should be extended to the west property boundary for future extension. A 9-foot wide public pedestrian easement should be recorded for the pathway in accord with Park's Dept. requirements prior to issuance of Certificate of Occupancy. Fencing: A new 6-foot tall solid vinyl fence is proposed along the north and west sides of the development as shown on the landscape plan.Fencing should comply with the standards listed in UDC 11-3A-7. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: `B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties.A minimum 25 foot wide buffer to residential uses is required in the C-C zoning district per UDC Table 11-2B-3:therefore, all structures along the north and west boundaries adjacent to residential Page 6 uses must be setback a minimum of 25 feet from the property line. The plans should be revised to reflect compliance 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.All proposed transformer/utility vaults and other service areas shall comply with this requirement. A trash dumpster/enclosure should be depicted on the site plan and should accommodate recycling. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks, and/or enclosed yards. 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.Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 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(13) 2-bedroom units and(44)2-bedroom units,a minimum of 164 off-street parking spaces are required, including guest parking,with 57 of those in a covered carport or garage. A total of 194 spaces are proposed,with 84 of those in garages,which exceeds the minimum standard by 30 spaces.Accessible parking is required in accord with ADA standards. Based on 194 vehicle parking spaces provided, a minimum of eight(8)bicycle parking spaces shall be provided in accord with the design standards listed in UDC 11-3C-5C. Five(5)exterior bicycle rack spaces are proposed; a minimum of eight(8)parking spaces should be provided. 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 Applicant's narrative states the clubhouse will include a property management/maintenance office and provisions for mail delivery. The site plan/floor plan submitted with the Certificate of Zoning Compliance application should depict the location of all of the aforementioned items. Page 7 C. Common Open Space Design Requirements(UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed ten(10) percent of the gross land area for multi-family developments of five(5)acres or more.Because this site is below 5 acres in size, this standard is not applicable. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.None of the units are below 500 square feet(sf.) of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area.All units exceed 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.All 57 units exceed 1,200 sf of living area; therefore, a minimum of 19,950 sf. (or 0.46-acre) of common open space is required. A total of 0.48-acre is proposed consisting of two (2) common open space areas with amenities and the street buffer along the collector street(i.e. Venable Ave.). The street buffer is only allowed to count toward the baseline open space which isn't required with this development. Therefore, a revised open space exhibit that complies with the minimum standard should be submitted prior to the City Council hearing that excludes this area. All multi-family projects 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 that is a minimum of 5,000 s.f. in area;the 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(UDC 11-4-3-27C.3). The open grassy area in both of the open space areas is below 5,000 s f. in area,Staff recommends a minimum 14,250 s f. (or 0.33-acre) of common grassy area is provided commensurate with the size of the development(i.e. 250 sf.per unit); the plans should be revised accordingly prior to the City Council hearing.Note: The common area where the tot lot is located exceeds 5,000 sf.; however, the actual open grassy area outside of the tot lot area is below 5,000 sf. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section VIII.B meet this requirement. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in one phase. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. The common open space proposed where the clubhouse and tot lot are located is adjacent to Venable Ave., a collector street. Therefore, a berm or constructed barrier should be provided in accord with this requirement. Page 8 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.1. 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, such as this, a minimum of 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— clubhouse; Open Space—picnic area with a table and shade structure; and Recreation—children's play structure. The proposed amenities meet the minimum standards. E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title. Additionally, all street facing elevations shall have landscaping along their foundation that complies with the standards listed in UDC 11-4-3-27E.2,which requires a landscape area at least 3-feet wide planted with one evergreen shrub every three(3)linear feet that has a mature height of 24-inches with ground cover plants in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should be revised to include evergreen shrubs in accord with this standard. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B- 12C, which require a mix of trees, shrubs, lawn, and/or other vegetative groundcover within 5- foot wide strips on each side of the pathway, depict landscaping per these standards along the east/west pathway adjacent to the drive aisle. Street buffer landscaping is required along N. Venable Ave., a collector street, in accord with the standards listed in UDC 11-3B-7C with development of the subdivision. Landscaping should be depicted on the plan in accord with the aforementioned standards. A 25 foot wide buffer is required to adjoining residential uses in the C-C zoning district,per UDC Table 11-2B-3 as shown on the site plan; the landscape plan incorrectly depicts a 15 foot wide buffer which should be revised. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-9C.All buffer areas are required to be comprised of,but not limited to, a mix of evergreen and deciduous trees,shrubs,lawn, or other vegetative ground cover that results in a barrier that allows trees to touch within five(5)years ofplanting. Trees that will not touch until maturity outside of this timeframe must be supplemented with additional materials such as tall columnar evergreen shrubs, or other qualifying materials.A 10 foot wide public utilities,property drainage, and pressure irrigation easement is designated along the boundary of the subdivision, which prohibits trees within the easement—all trees should be planted outside of the easement area. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features." The Applicant shall comply with this requirement,a copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the 2-story alley-loaded and front-loaded townhome-style units and the clubhouse as shown in Section VIII.0 below. Building materials appear to consist of stucco and horizontal siding in Page 9 two (2)different colors with stone veneer accents. These elevations are generally consistent with those included in the existing Development Agreement(DA) as required. Final design of all structures is required to comply with the design standards in the Architectural Standards Manual and will be reviewed for compliance with these standards with the Design Review application. Compliance with the building code requirements for separation between structures within the development is required. B. PRELIMINARY PLAT/FINAL PLAT(PFP): The proposed combined preliminary/final plat(PFP) consists of one(1)residential building lot,(2) commercial building lots and(1)other lot on 9.01 acres of land in the C-C zoning district as shown in Section VIII.D. Existing Structures/Site Improvements: There are no existing structures on this property. Dimensional Standards (UDC 11-2): Future development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. Access: Access is proposed via a driveway from N.Venable Ave., a collector street, at the east boundary and N. Buckstone Ave.,a local street, at the north boundary. Buckstone currently stubs to the northern boundary of this site. An east/west drive aisle was previously approved with the site improvements (A- 2022-0111)on Lot 2,Block 1. The plat depicts a name for this access driveway,which should be removed as this road is a drive aisle and wasn't approved as a public or private road.If the Applicant wishes to name this road, a private street application should be submitted. A cross-access easement is required to be granted to the property abutting the southwest property boundary(Parcel#S0436346613) as set forth in the existing Development Agreement.A copy of the recorded easement shall be submitted to the Planning Division prior to issuance of Certificate of Occupancy for the western commercial pad site OR when Parcel#0436346613 developers, whichever occurs first. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along W.Ustick Rd., an arterial street, and a 20-foot wide street buffer along N.Venable Ave., a collector street,as depicted on the landscape plan. These buffers shall be depicted on the plat in common lots or dedicated buffer easements,maintained by the property owner,homeowner's association or business owner's association as set forth in UDC 11-3B-7C.2a.The buffers should be measured from the back of curb per UDC 11-3B-7C.la(2). There are no existing trees on the site that require mitigation. Sidewalks(11-3A-17): A 5-foot wide detached sidewalk is required along N. Venable Ave., designated as a residential collector street on the Master Street Map, as proposed in accord with UDC 11-3A-17. A 5-foot wide detached sidewalk exists along W.Ustick Rd., an arterial street. Pathways: A multi-use pathway is required by the Park's Dept. from the sidewalk along Venable Ave. east/west through the site along the drive-aisle to the west property boundary. The proposed 5-foot wide sidewalk is an adequate width but should be extended to the west property boundary for future extension. A 9-foot wide public pedestrian easement should be recorded for the pathway in accord with Park's Dept.requirements and referenced on the final plat. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The landscape plan depicts 6-foot tall existing fencing along the northern boundary of the site;the Applicant proposes to coordinate with the adjacent property owners to replace the fence with a new 6-foot tall vinyl fence. Six-foot tall vinyl fencing is also proposed along the west boundary of the residential portion of the development(i.e. Lot 1,Block 1). Page 10 Waterways: There is an irrigation ditch that runs along the southern boundary of this property that is required to be piped or otherwise covered as set forth in UDC 11-3A-6B.3. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A storm drainage calculations and Geotechnical Investigation report was submitted with this application. VII. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit(CUP) and combined preliminary and final plat(PFP)per the provisions in Section IX in accord with the Findings in Section X. Page 11 VIII. EXHIBITS A. Site Plan(dated: 4/20/23) j A f � --q --`---�. T -----TF I I � 9siz f'I � 2 C2.❑ Page 12 B. Landscape Plan(dated: 2/28/23)&Open Space and Amenity Details I . f i Vicinity Map --- RESIDENTIAL AREA ZONING -C-C C-C- 1 FU;J-T ACR W +:r URE U-D - T.-I.-UN1T5 -5]TOTAL � COMMERCIALAREA 3.f!] /ACRES �- ZOMING -C-C FUTURE MV-D13 O + i Site Development A. z � - Features y m ' - — West Wind fl R$freer _ D nt ~ COMMERCIALAREA NOT A PART .00 M t w WEST USTfCK ROAD J 0.1 D o 0 o D o �� CK ENGINEERNG IM SOUTH p�r BECKS �R BAIRD Page 13 LANDSCAPE NOTES: V RGIM OFS 11.s0 W.UISON ❑I A PARCEL OF LANE 6DIN lISTICH RO LIX`AT,4-, ! '� �� .o�w..c,..ao�...��.,�....� 5EDI-. 6.T.4N..R.1W., 1 I rs.avaw.amwxee.w.v�rxnmrtt..mr.,mx„an. MERINVW,AGAGOLIMVIOAIIO 1 uRsu n.a AFRIL 21M , f Rs�flll 4 1Ty I I I I114� L1.1 I m ,.�.,�.�� -_ E � ;,, r amp�i .�,..,..� TYMAP �+ '11VICINf 1 I !� 1 �• SITE DEVELOPMENT FEATURES JEST WIND➢RI 5TREET �"'�'w " ��ro�m „•,,,,w;, m" 1' - - - __ - IRRIGATION NOTES. LANDSCAPING INFORMATION I 1 SHEET L1.3 I SHEET L1-4 �..a..m.,.�.w.�.,�.,.�..me..w,�.�.. 1 _ _ I 1 M _.— -- - -- - -� ❑ISCLAIM'ER..«�m..�m,.w.,m,�.,..,v L--====R=-----------JmoW. m. KKcwH JJ LANDSCAPE SHEET INDEX /I\OVERALL LANDSCAPE PLAN 'r"°'""' • LI�GOVERf OVERALL LANGSf.APE PLAN '�°" 0 • LI.1i1.4 DETAILED LANUSCJIPE PLIXNS • 12.6121 LAN[ISCAPE DETAILS DEVELOPER ENGINEER ARCHIM T ARGHITEGT nnm ev� e n_ L1-Q LANDSCAPE LEGEND omoDu 0. \ 1 - PLANT SCHEDULE o" Eli — 4ee -m,s� I V W�w�A C —-- — �, CALLOUT LEGEND --- c) p..wwnn 1 VAl[HLNE VSEELI.1 ., ____ '�'• � I �\LANDSCAPE PLAN M.I CHNXESEELI.1~ I �.Wo Page 14 K � w o • 1 - - \ LANDSCAPELEGEN❑ ohu l gac o Y AM pi PLANT SCHEDULE —air •,I� a. m MR>a �� Ei • ; -� `III ;W m :: viU l T QT e i i Ke..a�^rar w -- ' � _ CALLOUT LEGEND o..a,...a. ©.�...�,,. -- - - - = Oz .w:,...........� © ..nod... NATCHLINE_EELI.]T JJEST I5INC CR FT STREET WifHIINE 7sE L141 � �a y"��°""^' Qm 'P•^ - +I -6LANMOAPr PLAN f,r,ram« L1.2 LANDSCAPE LEGEND 0l mac, �rJ1;a. Dill PLANT SCHEDULE - -- -� NOTA PART04 m ^W • i o W 04 CALLCUTLEGEND - --- Ix - O W �:..n.e..,..,, !�LANDSCAPE PLAN ,, 7L1.3] 1 Page 15 !�. ' — — I LANDSCAPE LEGEND s DO ___________ _—_ --I--_ ----_—WESTWIH�MI17STREET _ -- ---WICHLNE-SEELI.4 I PLANT SCHEDULE'a`p:. Qmme i NOT A PART - I- x D 1 -- - - - - .,� _jO CAL LOUT LEGEND � �11 LAN09CAPE PLAN F,r,�" I L1.4 I Y- -- n BOULDER INSTALLATION _.� 71J m S& VINYL FENCE PANEL ...."... a_�� . e v,.w,".•_..• - �m�y ;fdllill I p��z•DECID0005 TREE PLhMING p_-. �SHRIJB PLANfNNG p"-�� 6 PERENNIALS GROUNDCOVER- PLANTING TPLANTER 6ED CUT EDGE� I CONIFEROUS TREE PLANTING 7 prwcir RF1 7L2.O a Page 16 +• masw soo unln OMAGUN- 01 — — Rm�1 I hlyM'1 sill j — — 1 &1YPICALPICNICTAELE DETAIL (1TYPICAL TRASH CONTAINER OETAEL (1TYPICALEENCHDETAIL SITE FURNISHING NOTES 4 10XIO'CiAZEBO STRUCTURE 0 •��-��w-• VTYPIC.4L 91KE RACK �- °�m��° L2.1 EuvArmAurncrNnas•rorAG � flFYArEAPIAYAGIIVIIIEBaGGEWRLE 9Y>1WISRA AEOo ELf�'ATEy PLpv AG�NIIIEGaGGE68ELf 6YPFW PEN GAOUIO LEHL➢LINm'114F 1RE CN...LexLntrfdm uvxtlry 1AEnOL GROOVE II SLIDE 718-638-4 (2) SQUARE FUN FONE VERTICAL LADDER 18-94 ROOF-SHNGLE I 718 -861-4 718-815 CRITTER PUZZLE PANEL 718-763-1 4 ARCH BRIDGE 4 SQUARE TRANSFER STORE FRONT DECK 718-970-9 DECK POINT. DECK 8-502-9 716-502-9 718-851-49 {BELOW DECK) 71B-713-7B oa o STEERING WHEEL FUN PONE v v (POST MOUNT) 718-94 a o 718-900-11`1 P 45' SLOPED CLIMBING WALL 718-757-34 BUMP &GLIDE SLIDE 718-728-4 Play Area Capecley, "n @— Tgorwt—i—dp,�p,-Ad�p,w Miracle use.6y ehlltlren,Mlra[le mcommentlsthe lnstallatlon aF ellheralAlmele safety slpn or over pmprlate sahtyslgnaga nearaplayspslem'smainenvypnto Inform parents antl supmisnm of lM ape apprnpMaMness of Ve playsystem antl general rues Im sak play. THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN 718-5165 ✓ COMPLIES TO CPSC DESIGNED FOR SCALE;1°=5'-0" ARE IPEMA CERTIFIED,THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F7487. /a r-E ✓ COMPLIES TO ASTM z lz Le DATE: 9/25/2016 GROUND SPACE: 21'X 19' AN ENERGY ABSORBING PROTECTIVE suRFACE IS PROTECTIVE AREA: 32-A 31' ✓ GOMPLIES TO ADA m E QUA gITM AR REQUIRED UNDER&AROUND ALL PLAY SYSTEMS, COMPLIES Page 17 T -LOT � I of illustrative purposes only_subject to cbange_ Page 18 C. Conceptual Building Elevations Settler's Park Townhomes-Alley 1 Settler's Park Townhomes-Front w � a Settler's Park Clubhouse Page 19 D. Preliminary Plat(dated: 3/6/23) Plat Showing N T�• D?rlftwolad SU 'vision a sa,n w.v �•a.• arevarw n.n• Situated in the Southeast Quarter of the Southwest Quarter of a eax,mm sm�erx m.er Section 36, Township 4 North, Range 1 West, 6oiae Meridian, 'J 7 xr.•r City of Meridian, Ada County, Idaho. eeerrr n•aart ,ur 2023 nrotr armE e.wmx m >a-woo'�� X�nrrse ea•� t c,Ia Am Idwa m '•. ns ,r wa •� •��•.� I I I I i � I I � ! I � � m mm14 xev sasnwwn x•,r . , WNW.nw u X.Cw^JYN x.uLMMd Sbi'14 YPE BSIaa' , , u X10lr'.{'. 0.eC R9 aue ' • o rw.d t/Y��.s,u.•1YS �'•rai IIS 11T W� ,u,n0ds P.i �s rmma.z .ov -----•-a�.k------------as°''-----�.,,_---- #.-r � o e>",d u•�rh.l�.d,x ns„ae.•e•e,lw« U X!Y'Jf`]f'r Si.er �� +°° ____rng�•--__aa�'Y_ i �a nnoeroe•`x ♦oC � � — I 0 roan Pew L�MwrmT� u X000reex ♦oC �—tC I 0 P•.w.P✓d xet r"..u s,e W t�'er[ raoa' �__ na TYd I � • twt,ro•x m.'im,•n.nn Powk n.r,+�ws niv' �,. xvvY�T a.oP I I V—I TK t� � �.ar.en I=.wn I.1•,w csv N9 M t,3N' xoowtCw aop v L,P slaN�E .S¢aV l3•.]a'vt en..iu RueY mp-Farr rs¢X6 Tear; .0 'M6xw CT,•,r a 90VV„-'dt a.ep j e a•:Yedt a.T' I I 0 a n.'%ae.'r ner Y e Imw x•rl .00• "x � � wew Q I � up.�,ny,ny eeinerr ux FoodEw•n Iesl I 3xdCWiHop Ne E I '� Xtl,-a-wr ui. I cwvwn u. I �__ --�__u__ _--I ________ Iqq.mnm•N EreA,vw[ww.wew[Sn Xeb,nd m.e•• _ O w.was oxn se k� z� R h � 1Id p Y E y n eIPEY".e'f Ifl.%'-_ u_r -•6YP_ ' 1 I I e f� I I , I & Pon!of ------ �- ?�tmorx•. e.gWWWW min, Yw ram 3 srsu S]S 5.9a -W-.E.fW t•xn' = S«ahrt 2 fy ndr on wTal•mXmn!itfv,nvlbn. ............ .................................. Beq.m eevt,w' ----•-_�___�___�_-- Ss6 eI• enok Pope wav Xn •...•...•••••• S1 ,o•,e.e.r sewe'ra•a na2.x'........................ .......�.................. ....................... _.._.: €Dario mot•-`�6 SURVEY eoir�i`oa�w+"`a�T06� ,as zz-m larnemurr sneert i of a W GROUP,LLC ° Page 20 E. Final Plat(dated: 3/6/23) Plat Showing N ~T°t" Driftwood SLUT Vision +a +�•"� ��'�'•' �•x�' Situated in the Southeast Quorter of the Southwest quarter of u �x Esa�n zsnrex• e�rmnrw acar Section 36, Township 4 North, Range 1 West, Boise Meridian, "][' City of Meridian, Ada County, Idaho. ee.r ,e rrr " nrarc 2023 �x tx.e'sse.xe• xuar�E ee.r I I a/a A.M. M. �aomax'x xer s.eetvaa[an xa r � � •tO envWw w.wLm=»' d e0' u wowoex' aw u IIeOS%'1 Aw A.9�'un ws ns dan PLS a\T , vu 1x]es le f a rrwd t/v'b,vx.r x... LS SVOVfJ{Z I.w �� 0 rwnn f/a'axn Pn.YaL,d'EC'LS t1Se4'a M IN1N IA xexxYadl,h.eC i __ # 0 rowl how C�Mwnne L\ �mw1,r1E axtl 1—+1 ® P•nW'+PotiL xa raw s.,[ W �eRE nnY __na iial a srl�!l.u•Ism"n mn raMe Gc. ns ttlu' xri ul104a.e e■rtr w�!werw�w]k\.arm w' xx.a"w. i � ow -- ,.we e enM dnaE.,n W.�rpvxi nn uEtoex,m o aqn�%0r h raso twtLs an' e» T+� II n.ur..................... 1r"odbum�Txs! I I 3xdOffxalon Ne Y � s,eo. e�. 1b_1 i ■ ———— fw�\Wrtw lewmnl 4.�Sw ww a] 1 - AOxI n.,.ma.I e,+I.vw[xaw.w[1!w(A.Nab t0]�• �•,___, _________ I_______ +'� �r i --A L i q 1_At>r_r--x1Per'JTtM.xY—_ i� f § I I eexex>st taanL f—_��$ I I I I � ' o o R I 1 q p—d b j b 5.3E i S �NpEI'de+ 3 I MSY170'K"W Etaer S\5'7\'S]'T SE Sxx SMxS 4 fe.noSa q. tsOxztm ex0i.Y... .............. BeHxM .. .......... O n _E•II— Y Sh-t i of a GROUP,LLG " Page 21 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Conditional Use Permit 1.1 The developer shall comply with all previous conditions of approval for this property [H-2021-0072 (Settler's Square Development Agreement Inst. #2022-008733;A-2022-0111 (site improvements)]. 1.2 The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 1.3 Submit floor plans demonstrating compliance with the minimum private usable open space standard of eighty(80) square feet for each unit in accord with UDC 11-4-3-27B.3 with the Certificate of Zoning Compliance application. 1.4 The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 1.5 Comply with building code requirements for separation between structures within the development. A greater building separation or fire-rated walls may be required. Make any necessary revisions to the plans to comply. 1.6 Site amenities shall be provided from each of the following categories: 1)Quality of Life— clubhouse; 2) Open Space—picnic area with picnic table,benches and a shade structure; and 3) Recreation—tot lot with children's play equipment, in accord with UDC 11-4-3-27D. Other comparable amenities may be considered by the Director. 1.7 The trash enclosures shall accommodate recycling. 1.8 The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict a minimum 25-foot wide buffer to residential uses along the north and west property boundaries as set forth in UDC Table 11-2B-3 and depict landscaping within the buffer per the standards listed in UDC 11-3B-9C.Buildings shall not encroach within the buffer area. b. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. c. Depict bicycle racks capable of holding a minimum of eight(8)bicycles based on 194 vehicle parking spaces provided in accord with UDC 11-3C-6G;the design of the bicycle racks shall comply with the standards listed in UDC 11-3C-5C. d. Depict the extension of the sidewalk along the east/west drive aisle to the west boundary of the site in accord with Park's Dept.requirements in Section IX.F. e. Depict the location of the property management office;maintenance storage area; central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access; and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. f. Depict a minimum 4-foot tall berm or constructed barrier separating the common area where the clubhouse and tot lot are proposed from the collector street(Venable Ave.)with breaks in the Page 22 berm or barrier to allow for pedestrian access in accord with UDC 11-4-3-2 7C.7,unless otherwise approved with the conditional use permit. g. Depict a minimum of 19,950 square feet(s.£)(or 0.46-acre) of common open space that complies with the standards listed in UDC 11-4-3-27C.2; a minimum of 14,250 s.f. (or 0.33- acre)of that area shall consist of common grassy area in accord with UDC 11-4-3-27C 3 commensurate with the size of the development and shall not include the street buffer.Note:A minimum 5,000 sf common grassy area shall be provided in one area; where the remaining area cannot be provided due to site constraints, it may be included elsewhere in the development. h. Depict landscaping along the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E.2.For every three(3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24) inches shall be planted; ground cover plants shall be planted in the remainder of the landscaped area. i. Depict landscaping along the east/west pathway along the drive aisle in accord with the standards listed in UDC 11-3B-12C,which require a mix of trees, shrubs,lawn, and/or other vegetative groundcover within 5-foot wide strips on each side of the pathway. j. Depict landscaping within the minimum 20-foot wide street buffer along N. Venable Ave., a collector street, in accord with the standards listed in UDC 11-3B-7C. 1.9 Fencing shall comply with the standards listed in UDC 11-3A-7. 1.10 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 per UDC 11-4-3-27B.5. 1.11 A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. Final design of the site and structures shall comply with the standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 1.12 The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F. 2. Preliminary/Final Plat: 2.1 The final plat submitted for City Engineer signature shall include the following revisions: a. Depict a 25-foot wide street buffer along W.Ustick Rd., an arterial street, and a 20-foot wide street buffer along N. Venable Ave., a collector street, in a common lot or a dedicated buffer easement,maintained by the property owner,homeowner's association or business owner's association as set forth in UDC 11-3B-7C.2a. b. Depict a cross-access ingress/egress easement on the plat granting access to the abutting property at the southwest property boundary(Parcel#S0436346613); or, submit a separate copy of a recorded agreement to the Planning Division prior to issuance of Certificate of Occupancy for the western commercial pad site OR when parcel#S0436346613 develops,whichever occurs first, in accord with the development agreement(provision#5.1c). c. Depict a 9-foot wide public pedestrian easement for the multi-use pathway connection from the sidewalk along Venable Ave. along the east/west drive-aisle to the west boundary of the site and Page 23 include the recorded instrument number of the easement in accord with Park's Dept. requirements in Section IX.F. d. Note#4: Remove the street name (i.e.W. Wind Drift St.) as a private street was not approved. If the drive aisle is to be names, a private street application shall be submitted. e. Note#7: Include recorded instrument numbers of the Setter's Irrigation District pressure irrigation easement. 3. The landscape plan submitted with the final plat for City Engineer signature shall include the following revisions: a. Include a detail of the tot lot play equipment. b. Depict landscaping within the street buffers along N.Venable Ave. and W. Ustick Rd. in accord with the standards listed in UDC 11-3B-7C. c. All landscaping except for street buffers should be removed from the plan or shown in a lighter line type as internal landscaping is not required with the subdivision improvements. 4. All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC II- 3A-6B.3. 5. A 9-foot wide public pedestrian easement shall be submitted for the multi-use pathway along the east/west drive aisle prior to submittal of the final plat for City Engineer signature. 6. Approval of a combined preliminary and final plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the combined preliminary and final plat. Upon written request and filing by the applicant prior to the termination of the period,the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions, the director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of this title. B. PUBLIC WORKS https://weblink.meridiancit yLorglWebLinkIDocView.asyx?id=300677&dbid=0&repo=MeridianCity C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=298132&dbid=0&repo=MeridianCity&cr =1 D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=297934&dbid=0&r0o=MeridianCiU E. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT TABLE https:llweblink.meridiancit .00rg WWebLinkIDoeView.aVx?id=297561&dbid=0&repo=MeridianCity F. PARK'S DEPARTMENT https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=300739&dbid=0&repo=Meridian City G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=297568&dbid=0&repo=Meridian QU Page 24 X. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Stafffinds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-C zoning district(see Analysis, Section Vfor more information). 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 use is consistent with the future land use map designation of MU-C and is allowed as a conditional use in UDC Table 11-2B-2 in the C-C zoning district. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds 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. The proposed multi family development should provide a good transition in uses between existing single- family homes and the future commercial uses on the southern portion of the site. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Stafffinds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. Staff finds that essential public services are available to this property and that the use will be adequately served by these facilities. Police and Fire currently provides service to this property. B. Combined Preliminary/Final Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Stafffinds the proposed plat is in conformance with the UDC and generally conforms with the Comprehensive Plan. Page 25 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Stafffinds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Stafffinds the proposed plat is in conformance with the City's capital improvement plan. 4. There is public financial capability of supporting services for the proposed development; Stafffinds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Stafffinds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 26 v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Milano Animal Care Facility (H-2023-0026) by Blue Frog, LLC, located at 3020 W. Milano Dr. Application Materials: https:Hbit.ly/H-2023-0026 A. Request: Conditional Use Permit to operate a new 3,100 square-foot animal care facility on 0.75 acres of land in the L-0 zoning district. PUBLIC HEARING SIGN IN SHEET DATE: July 6, 2023 ITEM # ON AGENDA: 6 PROJECT NAME: Milano Animal Care Facility (H-2023-0026) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name I ev'4A x 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 7/6/2023 Legend DATE: 0 ■Project Location TO: Planning&Zoning Commission FROM: Linda Ritter,Associate Planner C-C EH -8 E 208-884-5533LTI SUBJECT: H-2023-0026 L_ L1LW1llIRU 4 Milano Animal Care Facility CUP a 8� LOCATION: 3020 W.Milano Drive, near the northeast corner of Ten Mile Road and McMillan C G L-O C-C R=1-5 Road, in the SW 1/4 of the SW 1/4 of R-4 a `RUT Section 26,Township 4N,Range 1 W. (Parcel#R9010670030) � 8 _0J C-N R�8 I. PROJECT DESCRIPTION Conditional use permit request to operate an animal care facility offering general practices such as examinations,wellness visits, surgery, dental and x-ray procedures from a new 3,100 square-foot building on 0.75 acres of land in the L-O zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.75 acres Future Land Use Designation Office Existing Land Use(s) Vacant Proposed Land Use(s) Animal care facility Lots(#and type;bldg./common) One(1)vacant lot with proposed office/pet hospital Neighborhood meeting date;#of 3/9/2023 attendees: History(previous approvals) Verona Subdivision(AZ-03-005),DA#103097612; Verona Subdivision No.3 Rezone(RZ-05-006);Verona Subdivision No. 3 FP(FP-05-046);DA Mod(MI-08-006, DA#108101152);H-2021-0080. Page 1 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Not at the time of report publication • Requires ACHD Commission No Action es/no • Traffic Impact Stud es/no Access(Arterial/Collectors/State One(1)drive aisle access point to N. Cortona Way along Hwy/Local)(Existing and Proposed) the east boundary is proposed through an existing curb cut. This drive aisle is shown to continue west through adjacent sites and connect to an existing commercial drive aisle that has an access point to W.Milano Drive. Existing Road Network Public road network is existing adjacent to site(W.Milano Drive and N. Cortona Way);drive aisle network for unit access is not existing. C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend ■Project Location Project Location edium Density C Res!dential� _- = Offic r TM Comme vial Res!• eTi. w , Low DeHI Resi Lent s I P` : Page 2 Zoning Map Planned Development Map Legend 0 Legend Project Location t 11 Project Location ® R-4 � ;� City Limits —Planned Parcels _8 ed'1 ULMW Density MU-C Residential C-CU f � f �- Office ° R4 � High Density° Commerc al Residential C-G -O C-C n �. kL�RUT �V O LE) � R-8 , wrc_:W_�� RUSTLo��w DerisrtL Resic�nt III. APPLICANT INFORMATION A. Applicant: Latoysha Burton,Blue Frog,LLC—3011 Sutton Gate Drive, Ste. 120, Suwanee, GA 30024 B. Owner: David Yorgenson,Timberland Building Partners LLC, 14254 W. Battenburg,Boise,ID, 83716 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in newspaper 6/20/2023 Notification mailed to property owners within 300' 6/15/2023 Applicant posted public hearing notice sign on site 6/21/2023 Nextdoor posting 6/20/2023 V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) This property is designated Office on the Future Land Use Map(FLUM) in the Comprehensive Plan. This designation is meant to provide opportunities for low-impact business areas. These uses would include professional offices,technology and resource centers; ancillary commercial uses may be considered(particularly within research and development centers or technological parks). Page 3 The property was annexed and zoned in 2003 to the R-8 zoning district. In 2005, a rezone application was approved to change the zoning to the current L-O zoning district. Consistent with this rezone, a final plat was approved for six(6)office lots as part of Verona Subdivision No. 3. The DA from 2008 is the relevant agreement for this site but did not have a concept plan for these lots. In lieu of a concept plan,the DA references specific limitations to the allowed commercial area and included a provision that a minimum of three(3) office buildings in this office development. This provision has been satisfied with the existing development of three(3)office buildings. In addition, specific elevations were included as part of the DA that the current proposal generally complies with. Staff notes, despite no Development Agreement Modification being required,the relevant DA contemplates all commercial uses within the subject office lots. To the east and north of the subject sites are detached single-family residential that are part of the Verona Subdivision. To the south is approximately 10 acres of C-G zoned property that includes a number of commercial properties under development. The existing use is on the hard corner of McMillan and Ten Mile and is a fuel service station and convenience store. Directly to the south and across W. Milano,the largest commercial parcel has approvals for a 164 unit 55 and older multi- family development. Staff anticipates future residents of that site could utilize the service of the proposed development.As the Applicant is proposing to develop a veterinary hospital offering general practices such as examinations,wellness visits, surgery, dental and x-ray procedures on this site. The proposed use is listed as a conditional use in the L-O zoning district in UDC Table 11-2B-2. B. Comprehensive Plan Policies (https://www.meridiancioy.orglcompplan): 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): • "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. • "Ensure that quality fire protection,rescue and emergency medical services are provided within Meridian."(4.11.03) The proposed veterinary hospital is within a reasonable response time zone for emergency services. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) There is an existing 6-foot tall fence and a 20 foot wide landscaped buffer along the north property boundary bordering the existing residential uses to assist in screening and buffering the proposed use. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed veterinary hospital is located adjacent to a residential neighborhood to the north and east. This development is within a low office area and the proposed use will not create conflicts between land uses as the uses. • "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." Page 4 (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. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development as proposed. Curb, gutter and sidewalks have already been installed for this development. • "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. UNIFIED DEVELOPMENT CODE ANALYSIS(UDC A Conditional Use Permit is requested to develop a 3,100 square foot animal care facility offering general practices such as examinations,wellness visits, surgery, dental and x-ray procedures on 0.75- acres of land in the L-O zoning district as required by UDC Table 11-2B-2. See application narrative for more information. A. Existing Structures/Site Improvements: There are no existing structures on this site. Attached sidewalks and a twenty (20)foot landscaping buffer along N. Cortona Way have been installed. A twenty (20)foot landscape buffer has been installed on the north side of the property as it is adjacent to a residential neighborhood. B. Proposed Use Analysis: The proposed use "Animal Care Facility" is an allowed use with an approved conditional use permit. C. Specific Use Standards(UDC 11-4-3): 1. All animals shall be indoors at all times, except when being exercised.At such times, animals shall be under the supervision and direct control of a caretaker. The applicant is proposing to install two (2) wooden privacy fenced areas are located on the north and west side of the building to ensure animal safety. These areas will be used to walk the animals while in the hospital care in a safe environment and to prevent escape and/or injury to the animals. 2. The facility owner and/or operator shall comply with all state and local regulations relative to such a facility and shall maintain housekeeping practices designed to prevent the creation of a nuisance and to reduce noise and odor to a minimum. The animals will be indoors at all times except when exercising. All animal waste shall be maintained and discarded in a manner that minimizes odor. The applicant will need to coordinate with Republic Services for the appropriate size and location of the proposed trash enclosure and relocate to it to an area that is away from the residential development. Page 5 D. Dimensional Standards(UDC 11-2): The proposal meets the dimensional standards for setbacks, landscape buffers,parking requirements, landscape requirements and maximum building height. E. Hours of Operations(UDC 11-2B-3B): Business hours of operation within the L-O and C-N Districts shall be limited from 6:00 a.m. to 10:00 p.m. The applicant is proposing to operate the business within the following hours: Monday through Friday- 7 a.m. to 6p.m.;Saturday-8 a.m. to 12Am. F. Access(UDC 11-3A-3, I1-3H-4): Access for the proposed project has been installed along the south side of the property and connects to N. Cortona Way, which is a residential neighborhood street, along the east boundary of the site. This is the only direct access to a public street for the project. The applicant will be required to construct the entire length and width of the two-way drive aisle along the southern border of the property. G. Parking(UDC 11-3C): Off-street vehicle parking is required per the standards listed in UDC 11-3C-6B.1. Based on the 3,100 square foot facility, a minimum of 6 parking spaces are required.A total of 14 spaces are proposed, in excess of UDC standards. H. Sidewalks(UDC 11-3A-17): Sidewalks along N. Cortona Way currently exist for this development. I. Landscaping(UDC 11-3B): Interior landscaping is being proposed. See the attached landscape plan in Section VIII(B). J. Fencing(UDC 11-3A-6, 11-3A-7): There is an existing six (6)foot fence on the north side of the property separating the adjacent residential neighborhood from the proposed commercial use. K. Utilities (UDC 11-3A-21): Water and sewer services were installed with the construction of N. Cortona Way and stubbed to the parcel. Street lights were installed to the east across N. Cortona Way with the construction of N. Cortona Way. No additional street lights are being proposed with this development. There are existing fire hydrants at the corner of W.Milano Drive and N. Cortona and Way N. Cortona Way and W. Wapoot Street. L. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VIII(C). Building materials consist of Nardi board trim, hardi board lap siding, hardi board fascia, hardi board shake siding, synthetic stone sill, synthetic stone wainscot, and shingle roof. Final design is required to comply with the design standards in the Architectural Standards Manual and recorded development agreement. Page 6 VII. DECISION A. Staff- Staff recommends approval of the conditional use permit with the conditions noted in Section IX below. VIII. EXHIBITS A. Site Plan(date: 6/8/2023) 3020 W.MILANO DRIVE MERIDIAN,IDAHO �rc z3 2023 z ll! JJJJJ L F-- f 6 0 ----~ — C VStl. - me NOT APPROVED FORCONSTRDCTIONp'S� Page 7 B. Landscape Plan(date: 6/9/2023) BILK 3—SUB LANDSCAPE LEGEND ERONA VERERI NMY CLINIC O a o o j PARKING - � // �e�� ,• PLANT SCHEDULE'°=%—�" r � 1010193 VICINITY MAP ...,� �Ei LANDSCAPING INFORMATION CALLOUT LEGEND j7�OVERALL LANDSCAPE PLAN 4-i n F� m O-•�..�. uNoscaPE LANDSCAPE NOTES. W - IRRIGATION NOTES LANDSCAPE SHEET INDEX .... m �zourvossAPe oerARs- ��r -- - DISCLAIMER: 0 Page 8 C. Building Elevations—Front and Right(date: 12/13/2022) — PEVIEW PLAN3 ONLYI xarFOP .� ...._...�.... CDNSTROCTDN r�aA .,wm E m® K W A62 •^•••" RENEW PLnas ONLY ® .m NOT FOR coxsmucrION �rx�Wr L_ E rn Of e a a e —A-6.1 Page 9 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein [AZ-03- 005,DA#103097612; RZ-05-006; FP-05-046;MI-08-006, DA Inst. # 108101152; H-2021- 00801. 2. The proposed project shall comply with the standards listed in UDC 11-4-3-22 for animal care facilities. 3. The site and landscaping plans shall depict the location and a detail of the bicycle rack that complies with the location and design standards listed in UDC 11-3C-5C. 4. The hours of operations shall be limited to 6:00 a.m. to 10:00 p.m.per UDC 11-2B-3B. 5. The applicant shall construct the entire length and width of the two-way drive aisle along the southern border of the property prior to occupancy. 6. Protect the existing landscaping on the site during construction,per UDC 11-3B-10. 7. The area labeled future parking on the site plan is not been approved for parking until the area is approved per the standards set forth in UDC 11-3C-5B. 8. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structures shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual. 9. The applicant shall coordinate with Republic Services for the appropriate size and location of the proposed trash enclosure. The trash enclosure shall be relocated away from the residential development. 10. The conditional use permit is valid for a maximum period of two (2) years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. B. FIRE 1. Must meet final approval for subsequent future buildings for permitted process. 2. Must meet current IFC codes. C. PUBLIC WORKS 1. Ensure no sewer services pass through infiltration trenches. 2. Call out removal of the blow off. D. Ada County Highway District(ACHD) 1. Click on link to review comments. E. Idaho Transportation Department(ITD) Page 10 1. Click on link to review comments. X. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff ,finds the proposed veterinary hospital will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IX of this report. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff ,finds the proposed design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Stafffinds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section IX of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. Stafffinds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff ,finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. Stafffinds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: Page 11 a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 12 E IDIAN;--- Applicant Presentation CONDITIONAL USE PERMIT (CUP) O)-LIMITED OFFICE ZONE (L3020 W. MILANO DRIVEPROPOSED VETERINARY CLINIC 3020 W MILANO DRIVELOOKING WEST FENCED ENCLOSURESFENCED ENCLOSURES We look forward to your approval!Questions?Thank you! w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for 2023 UDC Text Amendment (ZOA-2023-0001) by City of Meridian Planning Division, located City Wide Application Materials: https:Hbit.ly/ZOA-2023-0001 A. Request: UDC Text Amendment to amend certain regulations in Chapters 2-5 of the Unified Development Code (UDC) PUBLIC HEARING SIGN IN SHEET DATE: July 6, 2023 ITEM # ON AGENDA: 7 PROJECT NAME: 2023 UDC Text Amendment (ZOA-2023-0001) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 i 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/6/2023 DATE: ' 16 44 55 0 TO: Planning&Zoning Commission 26 FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 SUBJECT: ZOA-2023-0001 — 2023 UDC Text Amendment Legend �. LOCATION: Citywide AOCI County — 69 Line Future Road I. PROJECT DESCRIPTION The Meridian Planning Division has applied for a Unified Development Code (UDC)text amendment to update certain code sections AND add new standards within Chapters 2-5, Title 11 of Meridian City Code. II. APPLICANT INFORMATION A. Applicant: City of Meridian Planning Division 33 E. Broadway Ave, Suite#102 Meridian,ID 83642 III. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in newspaper 6/21/2023 Public Service Announcement 6/21/2023 Nextdoor posting 6/20/2023 Page 1 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) A. Comprehensive Plan Text(https://www.meridianciU.or /g compplan): Below are the applicable policies within the City's Comprehensive Plan relative to the proposed UDC Text Amendments. Staffs analysis is in italics below the policy. 3.01.01B -Update the Comprehensive Plan and Unified Development Code (emphasis added)as needed to accommodate the community's needs and growth trends. Many of the requested code changes associated with this text amendment are meant to serve community needs, support current growth trends and maintain the integrity of the Plan and Code. 3.04.01B—Maintain and update the Unified Development Code(emphasis added) and Future Land Use Map to implement the provisions of the Comprehensive Plan. City Staff keeps a running database of code revisions needed. The Department is tasked with keeping the code current and relevant. Staff believes the proposed changes encompass the vision of the Plan and is largely supported by those who participated in the process to update the UDC. V. UNIFIED DEVELOPMENT CODE ANALYSIS (UDO The proposed text amendments provide a broad range of changes and additions to multiple code sections. Staff believes the proposed changes enhance the UDC,making it more user-friendly and represents the community's needs. This phase of text changes includes several modifications throughout Chapters 2-5 of the Unified Development Code(UDC) and are largely"clean-up"items that have been identified since the last code update.All the proposed changes to the UDC are included as part of the record for this application. Staff has purposely not attached the table of changes in the staff report to minimize the size of the report and improve the review quality of the document for the public,Commission, and Council. Commentary associated with proposed changes are also part of the table that explains the reason for the modification or addition to the code. A summary of the most notable text changes are below: 1. Table 11-2A-2—Allowed use table in the residential districts: Proposes to allow family daycares(up to 6 children)in the R-2 zone; 2.UDC 11-2B-3A.3—Commercial standards: Proposes to allow a maximum height of 100 feet in some the commercial districts. 3. UDC 11-4-3-2 Arts, entertainment or recreational facility, indoor or outdoor specific use standards: Proposes to require conditional use permit for outdoor lighting if compliance with the lighting standards is not proposed. 4. UDC 11-4-3-10 Drinking establishment specific use standards: Proposes to remove the prohibition of this use when it is within three hundred feet of a church or education institution. All of the proposed changes went through an extensive and collaborative review process over several months with City staff and the UDC Focus Group. In summary, City Staff believes the proposed changes will make the implementation and use of the UDC more understandable and enforceable. Page 2 VI. DECISION A. Staff: Staff recommends approval of the proposed text amendment to the UDC based on the analysis provided in Section IV and V, modifications presented in Exhibit A and the Findings of Fact and Conclusions of Law in Section VIII. B. Commission: Enter Summary of Commission Decision. C. City Council: Enter Summary of City Council Decision. Page 3 VII. EXHIBIT A. Proposed Table of Text Changes—Click here to review the changes VIII. FINDINGS 1. UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: (UDC 11-5B-3E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code,the Council shall make the following findings: A.The text amendment complies with the applicable provisions of the comprehensive plan; Staff finds that the proposed UDC text amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section IV, of the Staff Report for more information. B. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and Staff finds that the proposed zoning ordinance amendment will not be detrimental to the public health,safety or welfare if the changes to the text of the UDC are approved as submitted. It is the intent of the text amendment to further the health, safety and welfare of the public. C. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to,school districts. Staff finds that the proposed zoning ordinance amendment does not propose any significant changes to how public utilities and services are provided to developments. All City departments,public agencies and service providers that currently review applications will continue to do so. Please refer to any written or oral testimony provided by any public service provider(s)when making this finding. Page 4 Proposed UDC Text Amendments UDC Section Topic Reason for Change Proposed Change Table 11-2A-2 Allowed use table in the Allow family daycares in the R-2 residential districts zoning district. Use R-2 R-4 R-4 R-8 R-15 R-40 Daycare, family' -A A A A A C 11-2B-3A.3 Standards City is receiving more requests for 3. Maximum height limit. height exceptions in certain locations. This is adding a new a. The maximum height limitations shall not apply to the following architectural features not intended provision to the code to allow for human occupation. steeple, belfry, cupola, chimney. Such architectural features shall have a taller buildings in appropriate maximum height limit of twenty (20) feet as measured from the roofline. locations. b. The maximum height limitations shall not apply to the following: spire; amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. - c. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and takeoff of aircraft in an established airport. d.Additional height not to exceed twenty (20) percent of the maximum height allowed for the district may be approved by the Director through the alternative compliance procedures set forth in chapter 5, "administration", of this title.Additional height shall be allowed when the development provides ten (10) percent of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. e.Additional height exceeding twenty (20) percent of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with subsection (A)(3)d of this section requires approval through a conditional use permit. f.A maximum building height of one hundred 100 feet may be requested in the C-C. C-G M-E, and H-E properties districts for properties within seven hundred fifty 750 feet of I-84 right of way and properties abutting I-84 interchanges. DATE: 06/15/2023 1 11-3A-3A Access to streets A property owner can't grant an A. The following standards shall apply to any use and/or property that takes direct access to an arterial easement to themselves if they and/or collector roadway. Prior to any new, expanded, or extended use or development of the own multiple properties sharing property: access. Legal has advised Planning that the best way to ensure cross 1.Where access to a local street is available,the applicant shall reconfigure the site circulation plan to access is granted in this secenario take access from such local street. is through the platting process. Therefore, staff is clarifying this 2.Where access to a local street is not available, the property owner shall be required to grant cross- section of code to include access/ingress-egress easements to adjoining properties, either by recorded easement or as a note on additional language that requires a recorded final plat. This standard is intended to apply primarily to nonresidential properties,but the dedication through a plat may extend to residential properties where the use is anticipated to change to a nonresidential use. note. There may be instances when a property is not platting 3.All subdivisions must provide local street access to any use that currently takes direct access from and therefore cross access can an arterial or collector street. still be dedicated by a recorded easement. 11-3D-4 Prohibited signs Added at the request of Legal to The following types of signs are prohibited in all districts: make it illegal to advertise illegal activity within City limits. A. Any sign not specifically allowed by this article as determined by the Director. B.Any private signs on publicly owned property, including the public right-of-way, except as otherwise specifically permitted, in writing,by the authorized public agency. C. Any signs which because of color,wording, design, size, movement, location or illumination resemble or conflict with any traffic control device or with the safe and efficient flow of traffic. D.Any sign displaying red,blue or blinking intermittent light likely to be mistaken for a warning or danger signal. E.Any signs that emit any sound, odor or visible matter. F. Any abandoned nonconforming signs (see section 11-113-6 of this title and section 11-3D-8 of this article). G.Any benches with commercially available space for advertising, except that the transportation authority may place such benches at a designated bus stop. H.Any sign that includes strobing, revolving or flashing lights. I .Any sign using a prohibited light source as set forth in section 11-3A-11 of this chapter. J.Any signs within the clear vision triangle as set forth in section 11-3A-3, "access to streets", of this chapter. K.Any signs for-illegal „ advertising activity that is illegal in Meridian. L.Any signs that block the visibility of any other sign due to their location, size, and/or height within a fifty-foot radius. M.Any roof signs N. Any sign within any stream or drainage canal or within a floodway. 0.Any sign not maintained in a safe condition. P.Any sign advertising an establishment that sells a controlled substance or drug paraphernalia, as such terms are defined in Idaho Code section 37-2701. DATE: 06/15/2023 2 Table 11-3C-6 Required parking spaces Modify footnote 1 to allow for residential use (MF) parking stall dimensions with Notes: carports to meet the required stall 1 The size of the garage expert required for dwelling units shall be measured by exterior and drive aisle dimensions in UDC dimensions and shall be at least ten (10) feet by twenty (20) feet for a one-space garage OF EaFP0Ft Table 11-3C-5. and 20 feet by 20 feet for a two-space garage epoir.All other required parking shall meet the required stall and drive aisle dimensions in UDC Table 11-3C-5. 11-4-3-2 Arts, entertainment or Require a conditional use permit A. General standards. recreational facility, for outdoor lighting indoors or outdoors 1.All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred (100) feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. 2. No outdoor event or activity center shall be located within fifty (50) feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m. 3.Accessory uses including,but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with section 11-3A-13, "outdoor speaker systems", of this title. B.Additional standards for swimming pools. Any outdoor swimming pool shall be completely enclosed within a six-foot nonscalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this Code. C.Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred (100) seats or more or within one thousand (1,000) feet of a residence or a residential district shall be subject to approval of a conditional use permit. D. Outdoor lighting, including lighted fields designed for the site shall comply with section 11-3A-11 "outdoor lighting", of this title. These standards may be modified through the approval of a conditional use permit. 11-4-3-10 Drinking establishment Clarifying this section of code for A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or consistency with State Statute. distribution of alcoholic beverages. B.T'he-If a dl3rinking establishments or expansion of such useshall not located within three hundred (300) feet of a property used for a church or any other place of worship, or any public or private education institution, it may be allowed with the approval of the decision-making body set forth in Chapter 5 of this titlemeff sh-al the dFink r be i , ,*o,a . ,;thi „-Re t:hA11r'.1,,d ., any duly heensed that-at the ti-Pne of licensing did- not ee-me%xith-in the Fest-F-Jeted-ar-ea but subseque-PA to licen-Sing eame theFein; the expansion of an existing establishment may be aflelved-vVith C. „^r shall thi-A drinking establishment shall not be located within one thousand (1,000) feet of an adult entertainment establishment as defined in Chapter 1 Article A. "definitions" of this Title;lies site,pr-eper-ties abutting a residential distAet, no eutside aetivity or- event shall be alle;ved AM the D. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with chapter 3 article E "temporary use requirements". of this title. DATE: 06/15/2023 3 11-4-3-27B.1 Minimum building setback Need to clarify applicability of the B. Site design building setbacks for the residential buildings. 1. Residential-9buildings 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. DATE: 06/15/2023 4 11-4-3-27C.3b Alternative Compliance to This is a clean-up item-the 3.Alternative compliance is available for the standards listed in subsections (C)1 and(C)2 above,if a project has a unique open space standards for alternative compliance is in the targeted demographic:utilizes otherplace-making design elements in Old-Town or mixed-use future land use designations multi-family developments wrong section; it applies to with collectively integrated and shared open s ace areas.All multi family p,.,,jects oveF twenty units shall provide at subsection CA and C.2. It should be least one (1) common gFassy aFea integrated into the site design allowing fOF geneFal activities by all ages.This aFea may be a separate # (3). -neluded in the , , uiFed open space total.PFojects that pFovide safe access to adjacent public paFks or-paFks The following numbering after C.3 mdeF a common 140A,without eFossing an aFtei4al Foadway,are exempt"M this standar-d. should be adjusted accordingly. a.441"u—size of common grassy area shall be at least five thousand(5,000)squaFe feet in area.This aFea shall ineFease pr-opoFtionately as the numbeF of units inei!ease and shall be commensurate to the size of the multi family development as deteFmined by the decision making body.Where this area cannot be increased due to site eonsti!aints,it may be included elsewhere in the development. b.Alternative compliance is available for the standards listed in subsections (C)l and (C)2 above,ifa pFoject has a unique taFgeted demographic; utilizes otheF place making design elements in Old Town OF mixed use future land use designations with collectively integr-ated and shared open space areas. 4.All multi-family projects over twenty(20)units shall provide at least one(1) common grassy area integrated into the ite 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 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 etermined by the decision-making body.Where this area cannot be increased due to site constraints,it may be included lsewhere in the development. 5.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 less square feet 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. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of iving area. 6.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. 7.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. 8.Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four(4)feet in eight,with breaks in the berm or barrier to allow for pedestrian access. 9.Buffer(s): One hundred(100)percent of the landscape buffer along collector streets and fifty(50) percent of the landscape buffer along arterial streets that meet the enhanced buffer requirements below may count towards the required baseline open space. DATE: 06/15/2023 5 11-4-3-41 Vertically integrated Clean-up item for this section A.A vertically integrated residential project shall be a structure that contains at least two (2) stories. residential project code. B.A minimum of twenty-five (25) percent of the gross floor area of a vertically integrated project shall be residential dwelling units, outdoor patio space on the same floor as a residential unit may count towards this requirement. C. A minimum of ten (10) percent of the gross floor area of a vertically integrated project shall be used for nonresidential uses as specified in subsection E below. D. The minimum building footprint for a detached vertically integrated residential project shall be two thousand four hundred (2,400) square feet. E. The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; daycare facility; drinking establishment; education institution; financial institution; healthcare or social assistance; industry, craftsman; laundromat; nursing or residential care facility; personal or professional service; public or quasi-public use; restaurant; retail; or other uses that may be considered through the conditional use permit process. F. None of the required parking shall be located in the front of the structure. G.A minimum of fifty (50) square feet of private, usable open space shall be provided for each residential dwelling 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 wheFe stFict adheFence to such standard would cFeate inconsistency with the purpose statements of this section,-tThe Director may consider an alternative design proposal through the alternative compliance provisions as set forth in Section 11-5B-5 of this Title. 11-5A-3(F) Administrative process Legal requested the change for F. Request for City Council review. The City Council may be asked to review any decision of the consistency with state statutes. Director or the commission by an applicant, any party of^ recer- affected person, or a City Council member through the provisions set forth in section 11-5A-7, "City Council review process", of this article. 11-5A-4 Administrative process Legal requested the change for A. For purposes of this section, "parties of Fecard" "affected person" shall include U the applicant,JZ consistency with state statutes. roperty owners of record within one hundred (100) feet of the exterior boundary of the application roperty, and W any person Nyho ; r-ting specifically requestS, s ,.1, rt.,t„s as to a art;,.,,i.,r applicati with a bona vide interest in real property that may be affected by a land use decision �ertaining to the applicant's request, provided that the person requests, in writing, such status. DATE: 06/15/2023 6 11-5A-6 Public hearing process Legal requested the change for 1. The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord consistency with state statutes. with the procedures set forth in title 1 of this Code. 2. If the decision-making body (see section 11-5A-2, table 11-5A-2 of this article) finds that it does not have sufficient information to make a decision, it may continue the public hearing. The decision- making body may also choose to conduct a study session with all par-ties of ^,-.-1 affected persons to address questions and issues related to the application. 3. The decision-making body (see section 11-5A-2,table 11-5A-2 of this article) may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties. 4.After the conduct of the public hearing, the Planning and Zoning Commission may recommend approval, recommend denial, approve, approve with conditions, or deny the application request; the City Council may approve, approve with conditions, or deny the application request. S. The decision-making body (see section 11-5A-2,table 11-5A-2 of this article) action shall be made within seventy (70) days after receiving all information to make a decision. For applications where the commission is acting as a recommending body, the commission shall forward its recommendation to the Council within seventy (70) days. 6. The decision-making body (see Section 11-5A-2, Table 11-5A-2 of this Article) shall provide the applicant written findings of fact and conclusions of law in accord with I.C. 67-6519 and 67-6535 stating the reasons for the decision reached. Conditions of approval shall be attached to the written decision or recommendation. 7.8-. If revised plans are required by Director, Commission or Council,the applicant shall provide those fifteen (15) days prior to the scheduled hearing for review and approval. If plans are not received within the established timeframe, the project may be continued to extend the review period. DATE: 06/15/2023 7 11-5A-7 City Council review process Legal requested the change for A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission consistency with state statutes. concerning the administration of this title may be made by an applicant,the Director, or a paFt-Y of an affected person. B.All requests for review shall be filed in writing with the department within fifteen (15) days after the written decision is issued. The request shall include the following information: 1. The decision being requested for review; 2. The name and address of the person requesting the review and their interest in the matter; and 3. The specific grounds upon which the request is made. C.All requests for review of the action of the Director or commission, shall require a de novo public hearing before the City Council as set forth in Section 11-5A-6 of this article to reach a decision to uphold or overrule the action. D. By simple majority vote,the City Council may uphold or overrule the decision. 1. In the case of consideration of a decision of the Director: a. If the action is overruled,the City Council shall issue a written decision and send the matter back to the Director for action consistent with the City Council's decision. b. If the action of the Director is upheld,the City Council shall issue a written decision stating the decision and the reasons for the decision. 2. In the case of consideration of a decision of the commission, if the decision is overruled, the Council shall issue findings consistent with the decision. E.A request for City Council review stays all proceedings in furtherance of the action unless the Director certifies to the Council or commission, after notice of the request is filed,that by reason of facts stated in the application, a stay would in the Director's opinion cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the Council or court based on an application,with notice showing due cause. F. Within ten (10) days, after a decision has been rendered by the City Council, the Director shall send a copy of the written decision to the individual requesting the City Council review and the applicant, as may be applicable. 11-513-5 Table 11-513-5 Clean-up item to align with the Structure and site design review standards 11-3A-19 specific use standards in Chapter 4.Added this to the table in Vertically integrated residential project private usable open space standards 11-4-3-41G Chapter S. DATE: 06/15/2023 8 11-513-5E Required findings Other decision-making bodies E. Required Findings. In order to grant approval for an alternative compliance application,the r need to be added based on a decision-making body shall determine the following: previous change to UDC Table 11- 5A-2 which now allows Commission and Council to be the decision-making body on alternative compliance request when there is a concurrent CUP or AZ, RZ, PP and/or PFP application. 11-513-6E Findings "Council" needs to be added based E. Findings. The commission or City Council, as applicable, shall base its determination on the on a previous change to UDC conditional use permit request upon the following: Table 11-5A-2,which now allows Council to be the decision-making body on CUP's when there is a concurrent AZ, RZ, PP and/or PFP application that requires Council action. DATE: 06/15/2023 9 11-6C-3D Common driveways Require common drives D. Common Driveways. 1. Maximum Dwelling Units Served. Common driveways shall serve a maximum of four (4) dwelling units. In no case shall more than three (3) dwelling units be located on one (1) side of the driveway. 2.Width standards. Common driveways shall be a minimum of twenty (20) feet in width, unless a greater width is required by the City Engineer.All common driveways shall be on a common lot. 3. Maximum length. Common driveways shall be a maximum of one hundred fifty (150) feet in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards. Common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment. 5.Abutting properties.All properties that abut a common driveway shall take access from the driveway; however, if an abutting property has the required minimum street frontage,that property is not required to take access from the common driveway. In this situation, the abutting property's driveway shall be on the opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five- foot wide landscaped buffer planted with shrubs, lawn or other vegetative groundcover. 6. Turning radius. Common driveways shall be straight or provide a twenty-eight-foot inside and forty- eight-foot outside turning radius. 7. Depictions. For any plats using a common driveway, the setbacks, fencing, building envelope, landscaping and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. 8. Ingress and egress."Perpetual ingress/egress easemen shall be required either by a recorded easement or as a note on a recorded final Aatfilled A.vith the Ada County RecoFdeF which c'��" The easement or plat note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9.Alternative compliance. The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this section and shall not be detrimental to the public health, safety, and welfare. DATE: 06/15/2023 10 w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for 2023 Comprehensive Plan Policy Update CPAT (H-2023- 0029) by City of Meridian Planning Division, located City Wide Application Materials: https:Hbit.ly/H-2023-0029 A. Request: Comprehensive Plan Amendment to update text, priorities and lead/support departments for certain policies text in the Plan. PUBLIC HEARING SIGN IN SHEET DATE: July 6, 2023 ITEM # ON AGENDA: 8 PROJECT NAME: 2023 Comprehensive Plan Policy Update CPAT (H-2023-0029) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 � 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING 7/6/2023 as DATE: ' 55 0 TO: Planning&Zoning Commission s 2s FROM: Brian McClure, Comprehensive Associate Planner 208-550-8253 bmcclure@meridiancity.org APPLICANT: Caleb Hood,Planning Division ` Manager Legend �. SUBJECT: H-2023-0029 AOCI ■■ County — s9 Comprehensive Plan Policy Update; ■■ 6Line Comprehensive Plan Text Amendment Future (CPAT) Road LOCATION: Citywide I. PROJECT OVERVIEW A. Summary Comprehensive Plan Text Amendment(CPAT)to update text,priorities, and lead/support departments for certain policy text in the Comprehensive Plan(Plan),by the City of Meridian Planning Division B. Issues There are no known issues, and no comments received indicating any public concern with the application. C. Recommendation Staff. Staff recommends approval of the proposed Comprehensive Plan amendment as proposed. The Planning Division has coordinated revisions with all relevant City Departments,and discussed Comprehensive Plan priorities generally and specifically with the Meridian City Council to ensure alignment of policy priorities. Commission Recommendation: Pending Note: This is a prototype staff report template that is still under development. Page 1 Table: Land Use Descriptions Description Details Page Existing/Proposed Zoning n/a n/a Future Land Use Designation n/a n/a Existing Land Use(s) n/a n/a Proposed Land Use(s) n/a n/a Table: Process Facts Description Details Preapplication Meeting date Friday,May 19,2023 Neighborhood Meeting n/a Site posting date n/a II. COMMUNITY METRICS See City/Agency Comments and Conditions Section for all department/agency comments received. Table: Community Metrics Agency/Element Description/Issue Page Ada County Highway District n/a • Comments Received No n/a • Commission Action Required No n/a • Access n/a n/a • Traffic Level of Service n/a n/a ITD Comments Received No n/a Meridian Fire n/a n/a Meridian Police n/a n/a Meridian Public Works Wastewater n/a n/a Meridian Public Works Water n/a n/a School District(s) n/a n/a • Distance n/a n/a • Capacity of Schools n/a n/a • Number of Students Enrolled n/a n/a Page 2 Figure: Policy Figures (as proposed) Total Policies # Modified With Text With Priority With Lead With Support Modification Modification Modification Modification 50 (10.2%) = =. Comprehensive Plan Policies by Type Action Items by Priority Low,16 Goals,34 Medium, Action 18 Items,380 Objectives, g On-going,309 High,24 78 Very High, 13 #of Policies (Adopted) by Section 0 10 20 30 40 50 60 Arts and Culture 12 Character, Design,and Identity 21 Economic Excellence 40 Education and Community Services 17 Future Land use 22 Growth and Population 54 Historic Preservation 12 Housing 33 Parks and Pathways 38 Public Safety 27 Stewardship 43 Transportation and Streets 38 Utilities&Infrastructure 23 Page 3 III. STAFF ANALYSIS (COMPREHENSIVE PLANAND UDC) A. General Overview It was June of 2020 when the last text amendment to the policies of the Comprehensive Plan were made(resolution#20-2224). This 2020 update added priorities to the policies of the Comprehensive Plan(Plan). The original plan, adopted in December of 2019,was not proposed with priorities, in part so that a newly elected City Council with councilpersons not previously involved in the adoption, could become more vested. Following the May 2°d,2023 update with City Council on the progress of high and very high priority policies,this amendment moves forward text changes to 50 policies of the Plan. These are the same changes proposed to City Council in May, except that several additional policies are proposed to change assignments from Community Development(CD)to Economic Development (ED),done in coordination with ED and Mayor's staff. These assignment changes are being made due to the Economic Development team no longer being under the umbrella of Community Development, and instead operate under the Mayor's Office. Revisions proposed are primarily to the priority of the policies,minor grammar corrections to the text of the policies, or to reflect tense of the activity. This amendment does not include changes to the general text of the Plan, does not add or remove any policies,and does not include any changes to the Future Land Use Map. Table: Project Facts Description Details History Resolutions:20-2224,21-2302,22-2347 Phasing Plan n/a Residential Units n/a Open Space n/a Amenities n/a Physical Features n/a Acreage n/a Lots n/a Density n/a B. Comprehensive Plan Analysis The Comprehensive Plan and specifically the implementation(or policies) is intended to be maintained to ensure it remains relevant and that City efforts are transparent. Page 1-12 of the Comprehensive Plan states, The intent of the Implementation Plan is to provide transparency to the community and ensure timely execution of the Comprehensive Plan's action items through assigned responsibilities and priorities. On a regular basis, City staff will report to Council progress made toward completing action items. It is also anticipated that additional action items may be added and an update to both the text of the Comprehensive Plan and the Existing Conditions Report will occur on a bi-annual basis, and/or as otherwise needed. While no policy additions or deletions are being made with this round of changes,to limit the scope of work and impact,it is the intention of City Staff to still provide timely updates. (NOTE: It is anticipated that a robust review and report to Council on the policies will occur in 2024.) Proposed revisions are primarily to the priority of the policies,minor grammar corrections to the text of the policies, or to reflect tense of the activity. Page 4 Proposed revisions are shown in smoke-thr-otigk(remove)and underline (addition) format. The complete list of policies including all Goals,Objectives, and Action items can be found at: https:llmeridiancity.orglcompplan, on the Implementation page(or download the full PDF, from the link on this same page). The complete list of proposed changes, in strike-through and underline, and with all changes is available in the attachments: • Attachment 1:Policies with recommended minor revisions. • Attachment 2:Policies with all changes proposed. Notes: The following keys may be helpful when reviewing attachments. For priorities,please keep in mind that the Comprehensive Plan is a vision plan,not a work plan, and not all policies may ultimately have the staff, funding or other resources necessary to move forward, and some may slip in timelines due to other operational priorities;that does not mean they are not important. Priorities: • Very High=Currently/Immediately • High= 1 to 3 years • Medium=3 to 5 years • Low=5 to 10 years • On-going=regularly or at every opportunity. Departments: • All=All City • F1=Finance Departments . HR=Human Resources • AO=Attorney's Office . IT=Information Tech. • CD=Com. Dev. . MO=Mayor's Office • CO=Clerk's Office . PD=Police Dept. • FD=Fire Dept. . PR=Parks and Recreation • ED=Economic . PW=Public Works. Development IV. CITY/AGENCY COMMENTS & CONDITIONS All City Departments with assigned responsibilities for High and Very High were requested to participate in the review process. Further, all other Departments were provided the opportunity to review. Comments received have been integrated into the subject CPAT amendment. V. FINDINGS A. Required Findings from the Unified Development Code 1. The proposed amendment is consistent with the other elements of the comprehensive plan. Staff finds the proposed amendment is it consistent with other elements of the Plan. Maintaining the policies of the Plan is a stated and inherently fundamental requirement of implementation. Page 5 2. The proposed amendment provides an improved guide to future growth and development of the city. Staff finds the proposed amendment is an improved guide for future development. The amendment helps to maintain the Plan as a relevant and living document. 3. The proposed amendment is internally consistent with the goals,objectives and policies of the Comprehensive Plan. Staff finds the proposed amendment is internally consistent with the Comprehensive Plan. Maintaining the policies of the Plan is a stated and inherently fundamental requirement of implementation. 4. The proposed amendment is consistent with this Unified Development Code. Staff finds the proposed amendment is consistent with the Unified Development Code (UDC). The amendment clarifies implementation, some of which may result in enhancements to the UDC. 5. The amendment will be compatible with existing and planned surrounding land uses. Staff finds he the amendment is compatible with existing and planned surrounding land uses. The amendment does not modem the text or map of the adopted Plan except to maintain the Implementation component of the Plan. 6. The proposed amendment will not burden existing and planned service capabilities. Stafffinds that the proposed amendment will not burden existing and planned service capabilities. The amendment are minor revisions and makes no substantial modification to policies that would burden existing or planned services. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Not applicable. The proposed amendment does not revise the map or land use descriptions. 8. The proposed amendment is in the best interest of the City of Meridian. Staff finds the proposed amendment is in the best interest of the City. Maintaining the Plan will help to ensure a relevant document that enhances City operations and public transparency. VI. ACTION A. Staff: There are no outstanding issues. Staff recommends approval of H-2023-0029 as proposed. B. Commission: C. City Council: Page 6 VII. ATTACHMENTS Page 7 A. Attachment 1: Policies with recommended minor revisions. ID Policy Priority Lead Support Align City Code with the policies of the Comprehensive Plan to reflect the VeFy High 2.01.01A community's desires for various types,sizes,and designs of residential On-going g CD AO neighborhoods. 2.02.00 Plan for safe, attractive,and well-maintained neighborhoods that have ample CD FD, FI,AO, PR, open space,and generous amenities that provide varied lifestyle choices. P D` 2.02.01B Evaluate open space and amenity requirement and criteria for consistency with VeFy High CD PR, PD community needs and values. On-going Maximize public services by prioritizing infill development of vacant and CD, FI,AO, PW, 2.02.02 underdeveloped parcels within the City over parcels on the fringe. CD ED Consider incentives such as density bonuses, reduced open space requirements, 2.02.02B and reduced fees for infill development in key areas near existing services. Very High CD FI,AO, PW, ED 2.02.02F Ensure that new development within existing residential neighborhoods is Very High CD cohesive and complementary in design and construction. On-going Establish methods to support the business community by drafting an Economic 2.06.0113 Development Plan in partnership with the Meridian Chamber of Commerce and High GDED MQCD Meridian Development Corporation. 2.06.01E Focus on developing industries that tend to exceed the living wage,such as High CID 449 technology, healthcare and other similar industries. ED CD 2.06.02 Support economic opportunities for a community with diverse income levels. On-going CD, ED CD, ED NIG Pursue public-private partnerships and economic development grants that bring OD 440 2.06.02B additional job opportunities to the community. On-going ED CD 2.07.02A Streamline the approval process for development proposals that are consistent Very High CD MO with the vision and values of the community. 2.07.02D Review development regulations to ensure an efficient process and remove W94 CD MO unnecessarily burdensome costs and delays. On-going 2.08.01A Develop and maintain marketing materials to share with targeted industries. High &B ED 2.09.00 Create positive,vibrant, and accessible commercial activity centers within the CD, MO, PRE CD, FI, MO, PR, community. ED 2.09.01 Support redevelopment and infill opportunities Downtown. MO,CD, PW` CD, FI, R ED, PR 2.09.01A Pursue public-private partnerships to develop parking facilities. High CD CD, FI,NIG ED Page 8 2.09.016 Establish incentives to develop gathering spaces and civic facilities within High ED MO CFI, PR Downtown. 2.09.01E Explore incentives for targeted projects that meet economic development goals. High CID 449ED CD 2.09.03 Cultivate unique and diverse destination-type activities within Meridian's IF MO,CD centers. 2.09.03A Establish distinct,engaging identities within commercial and mixed use centers High CD through design standards. 2.09.03D Develop a collaborative economic development strategy to recruit new High EKED businesses. 3.01.01D Evaluate development proposals based on consistency with the vision as well as CD physical,social,economic, environmental,and aesthetic criteria. Ongoing 3.02.01G Establish and maintain levels of service for public facilities and services, including High MO All water,sewer, police,transportation,schools,fire,and parks. 3.03.00 Direct and prioritize development in strategic areas and in accordance with CD, PW, MO All, CD,AO, PW, corridor and special area plans. MO 3.03.01E Encourage infill development. CD On-going Prioritize growth and development where it furthers the City's vision and allows 3.03.02 CD, PW All, M0,CD for the efficient provision of services. 3.03.02A Engage with service providers,City leadership,and community members to VeFy High CD All identify priority growth areas. On-going As part of establishing and i~^ -maintaining strategic growth areas, consider including targeted redevelopment/opportunity areas within the Area of VeryEg 3.03.02D CD All City Impact,areas within the City limits and within a specified distance of major On-going utility connections,and unincorporated county enclaves suitable for annexation. Develop incentives for appropriate investment in strategic growth areas; 3.03.02E All discourage development outside of established growth areas. Require proposed development within areas further away from urban services, existing utilities or requiring significant City utility upgrades,to demonstrate 3.03.02F fiscal benefits,strategic fit with the Comprehensive Plan,contiguity with existing On-going MOLD M0 development,and appropriate mitigation for any impacts to existing City service users. Plan for transportation connectivity and the provision of adequate urban utilities CD, MO PW,AO and services for county enclaves. 13.04.00 Shape the future of the City through implementation and coordination of long CD, IT, MO All, CD, PW,AO range planning efforts. Page 9 3.04.02D Improve the neighborhood meeting and public notice process. Very High CD AC,CO Ongoing 3.06.00 Ensure a variety and balance of land uses within the Area of City Impact. CD F D MO, PW 3.06.01 Plan for periodic review, monitoring,and updating of land uses within City limits CD ED, MO and Area of City Impact. 3.06.0113 Monitor and adjust the amount and mix of industrial,commercial,and office W94 CD ED areas needed to meet the employment needs of the City. On-going 3.06.02 Plan for an appropriate mix of land uses that ensures connectivity, livability,and CD PWD economic vitality. Discourage residential land uses in close proximity to the Wastewater Resource 3.06.02E Recovery Facility,the Intermountain Gas Facility on Can-Ada Road,and other CD PW, ED incompatible land uses. On-going 3.07.00 Encourage compatible uses and site design to minimize conflicts and maximize CD APR use of land. 3.07.01 Proactively address potential conflicts between incompatible uses. CD ED Preserve the industrial base within designated industrial land use areas by 3.07.01D discouraging non-industrial uses and focusing on light manufacturing, } CD ED distribution,flex-space,and base-employment. Very-High 4.05.00 Preserve, protect,enhance,and wisely use natural resources. CD, MC, PR, PW CD, FI,AO, PR, PW` Preserve prime farmland within the Area of City Impact to maintain rural 4.05.03 character and provide opportunities for local produce and continued farming CD, MO MO, CD_ operations. Slow the outward progression of the City's limits by discouraging fringe area 4.05.036 development;encourage development of vacant or underutilized parcels MO CD, ED currently within City limits. On-going 4.05.03D Consider public support for funding to preserve open space as part of permanent VeFy High C-D NI9 land trust. Low MO CD Develop lot grading,dust,and drainage standards for residential development to 4.10.01H Very High WAF CD FAO mitigate slope erosion and protect property. 5.01.02A Maintain and implement community design ordinances,quality design criteria, High CD and complete street policies to set quality standards citywides. 5.03.00 Create opportunities for all Meridian residents and visitors to experience public PR CD,AO, MO f a rt. 5.03.01 Support art throughout the community. PR CD,AO, MO, IT 5.03.01D Provide local artists with opportunities to showcase their work. On-going PR MO, IT Page 10 Work with the Union Pacific Railroad,Watco Companies and other interested 6.01.01A stakeholders to preserve and protect the existing Boise Cut-off rail corridor as a CD MO, PW multi-use corridor, including freight. On-going Page 11 B. Attachment 2: Policies with all changes proposed. ID Policy Priority . Support Align City Code with the policies of the Comprehensive Plan to reflect the 2.01.01A community's desires for various types,sizes,and designs of residential On-going CD AO neighborhoods. 2.02.00 Plan for safe,attractive,and well-maintained neighborhoods that have ample CD FD, FI,AO, PR, open space,and generous amenities that provide varied lifestyle choices. PD, ED 2.02.01B Evaluate open space and amenity requirement and criteria for consistency with On-going CD PR, PD community needs and values. Maximize public services by prioritizing infill development of vacant and CD, FI,AO, PW, 2.02.02 underdeveloped parcels within the City over parcels on the fringe. CD ED Consider incentives such as density bonuses, reduced open space requirements, 2.02.02B and reduced fees for infill development in key areas near existing services. Very High CD FI,AO, PW, ED Ensure that new development within existing residential neighborhoods is 2.02.02E On-going CD cohesive and complementary in design and construction. Establish methods to support the business community by drafting an Economic 2.06.0113 Development Plan in partnership with the Meridian Chamber of Commerce and High ED CD Meridian Development Corporation. 2.06.01E Focus on developing industries that tend to exceed the living wage,such as High CD technology, healthcare and other similar industries. ED 2.06.02 Support economic opportunities for a community with diverse income levels. On-going CD, ED CD, ED Pursue public-private partnerships and economic development grants that bring 2.06.026 additional job opportunities to the community. On-going ED CD 2.07.02A Streamline the approval process for development proposals that are consistent Very High CD MO with the vision and values of the community. 2.07.02D Review development regulations to ensure an efficient process and remove On-going CD MO unnecessarily burdensome costs and delays. 2.08.01A Develop and maintain marketing materials to share with targeted industries. High ED 2.09.00 c Create positive,t vibrant,and accessible commercial activity centers within the CD, MO, PR, ED CD, FI, MO, PR, Y• D 2.09.01 Support redevelopment and infill opportunities Downtown. MO,CD, PW, ED CD, FI, ED, PR 2.09.01A Pursue public-private partnerships to develop parking facilities. High CD CD, Fl, ED 2.09.0113 Establish incentives to develop gathering spaces and civic facilities within High MO CD, FI, PR Downtown. 2.09.01E Explore incentives for targeted projects that meet economic development goals. High ED CD Page 12 2.09.03 Cultivate unique and diverse destination-type activities within Meridian's CD, PR, ED MO, CD centers. 2.09.03A Establish distinct,engaging identities within commercial and mixed use centers High CD MO through design standards. 2.09.03D Develop a collaborative economic development strategy to recruit new High ED businesses. Evaluate development proposals based on consistency with the vision as well as 3.01.01D On-going CD physical,social,economic, environmental,and aesthetic criteria. 3.02.01G Establish and maintain levels of service for public facilities and services, including High MO All water,sewer,police,transportation,schools,fire,and parks. 3.03.00 Direct and prioritize development in strategic areas and in accordance with CD, PW, MO All, CD,AO, PW, corridor and special area plans. MO 3.03.01E Encourage infill development. On-going CD Prioritize growth and development where it furthers the City's vision and allows 3.03.02 for the efficient provision of services. CD, PW All, MO,CD 3.03.02A Engage with service providers,City leadership,and community members to CD All identify priority growth areas. On-going As part of establishing and maintaining strategic growth areas,consider including targeted redevelopment/opportunity areas within the Area of City Impact,areas 3.03.02D CD All within the City limits and within a specified distance of major utility connections, On-going and unincorporated county enclaves suitable for annexation. Develop incentives for appropriate investment in strategic growth areas; 3.03.02E CD All discourage development outside of established growth areas. Low Require proposed development within areas further away from urban services, existing utilities or requiring significant City utility upgrades,to demonstrate 3.03.02F fiscal benefits,strategic fit with the Comprehensive Plan,contiguity with existing On-going MO MO development,and appropriate mitigation for any impacts to existing City service users. 3.03.04 Plan for transportation connectivity and the provision of adequate urban utilities CD, MO PW,AO,CD and services for county enclaves. 3.04.00 Shape the future of the City through implementation and coordination of long CD, IT, MO All, CD, PW,AO, range planning efforts. CO 3.04.02D Improve the neighborhood meeting and public notice process. On-going CD AO,CO 3.06.00 Ensure a variety and balance of land uses within the Area of City Impact. CD ED, MO, PW 3.06.01 Plan for periodic review, monitoring,and updating of land uses within City limits CD ED, MO and Area of City Impact. Page 13 Monitor and adjust the amount and mix of industrial,commercial,and office 3.06.01B areas needed to meet the employment needs of the City. On-going CD ED 3.06.02 Plan for an appropriate mix of land uses that ensures connectivity, livability,and CD PW, ED economic vitality. Discourage residential land uses in close proximity to the Wastewater Resource 3.06.02E Recovery Facility,the Intermountain Gas Facility on Can-Ada Road,and other On-going CD PW, ED incompatible land uses. 3.07.00 Encourage compatible uses and site design to minimize conflicts and maximize CD ED, PR use of land. 3.07.01 Proactively address potential conflicts between incompatible uses. CD ED Preserve the industrial base within designated industrial land use areas by 3.07.01D discouraging non-industrial uses and focusing on light manufacturing, Very-High CD ED distribution,flex-space,and base-employment. 4.05.00 Preserve, protect,enhance,and wisely use natural resources. CD, MO, PR, PW CD, FI,AO, PR, PW, ED Preserve prime farmland within the Area of City Impact to maintain rural 4.05.03 character and provide opportunities for local produce and continued farming CD, MO MO, CD, ED operations. Slow the outward progression of the City's limits by discouraging fringe area 4.05.03B development;encourage development of vacant or underutilized parcels MO CD, ED currently within City limits. On-going 4.05.03D Consider public support for funding to preserve open space as part of permanent Low MO CD land trust. Develop lot grading,dust,and drainage standards for residential development to 4.10.01H mitigate slope erosion and protect property. Very High CD AO, PW Maintain and implement community design ordinances quality design criteria 5.01.02A and complete street policies to set quality standards citywide. High CD 5.03.00 Create opportunities for all Meridian residents and visitors to experience public PR CD,AO, MO, IT a rt. 5.03.01 Support art throughout the community. PR CD,AO, MO, IT 5.03.01D Provide local artists with opportunities to showcase their work. On-going PR MO, IT Work with the Union Pacific Railroad,Watco Companies and other interested 6.01.01A stakeholders to preserve and protect the existing Boise Cut-off rail corridor as a On-going CD MO, PW multi-use corridor, including freight. Page 14 E IDIAN;--- Applicant Presentation Comprehensive Plan Brian McClure, Comprehensive Associate PlannerCaleb Hood, Planning Division ManagerJuly 6th, 2023Planning & Zoning Commission Policy Update Overview Next Steps–Related Staff Projects RecommendationPolicy Review ProcessBackground Background going.-assigned as onapproved priorities of policies not policies, and new Council City staff distributed work for –Policies Amended September 1, 2020with new Council.Next step was to complete policies –responsibilities.prioritization or assigned Action Items) did not include Policies (Goals, Objectives, and –December 17, 2019Comprehensive Plan Adopted  Policy Review Process forward with a Comp Plan amendment.City Council provided support to move –growth priority areas)Council intent/priority (particularly on Reviewed several policies to understand –Provided an update on work status.–City Council Discussion on May 2, 2023Request any direction on priorities.–Provide City Council with updates.–reviewAll Departments provided an opportunity to  Policy Review Process modificationsNote: some policies have multiple •37 with support modification•15 with lead modification•16 with priority modification•2 with text (minor) modification•50 policies–Policies Modified Policies staff discussed with Council point? If so, the Mayor's Office (Parks?) should probably lead. seems lost. Is this something CD (the City) should pursue further at this was some support shown in past citywide surveys, but the momentum CD: This was an action item that the previous Director was leading. There CDMOMOCDLowHighVery Stewardshipopen space as part of permanent land trust.4.05.03Din existing and planned industrial areas. community is really interested in prohibiting uses like gyms and churches uses, typically through the CUP process. Need to understand if our industrial land -existing and even brand new industrial buildings to nonCD: Staff would like to discuss with Council. The City continues to lose EDCDHigh-VeryHighUseFuture Land employment.-basespace, and -manufacturing, distribution, flexindustrial uses and focusing on light -industrial land use areas by discouraging nonPreserve the industrial base within designated 3.07.01DCD: Staff would like to discuss with Council.AllCDLowHighVery PopulationGrowth and outside of established growth areas. strategic growth areas; discourage development Develop incentives for appropriate investment in 3.03.02ECD: Staff would like to discuss with Council.AllCDgoing-OnHighVery PopulationGrowth and county enclaves suitable for annexation. major utility connections, and unincorporated the City limits and within a specified distance of areas within the Area of City Impact, areas within including targeted redevelopment/opportunity strategic growth areas, consider maintainingimplementingAs part of establishing and 3.03.02Dproviders.City service -further with Council prior to fully engaging with nonCD: Staff would like to discuss Growth Areas, or Priority Growth Areas AllCDgoing-OnHighVery PopulationGrowth and growth areas.and community members to identify priority 3.03.02AComments provided to City CouncilSupportLeadPrioritySectionPolicyID Recommendation areas for improvement.•areas of priority; and•comments to Council. For example:Staff can take forward any general –always welcome.Feedback on the Comprehensive Plan is for approval.proposed to the Meridian City Council of the Comprehensive Plan as Recommend the policy modifications –Staff requests Related Staff Projects Outreach/Involvement–allowed, but with the better defined expectations.Additional sideboards on coverage of uses (hit or miss currently). Flexibility still •No changes to purpose or intent, or to density ranges.•Restructure, more examples, additional context, improved standards.•Effort:–Applicants struggle to understand concepts.•Missing opportunities, services, and spaces necessary for vibrancy, public benefit.•Purpose:–Mixed Use ChangesNext Steps–