HomeMy WebLinkAbout2023-06-01
PLANNING AND ZONING COMMISSION MEETING
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Thursday, June 01, 2023 at 6:00 PM
MINUTES
ROLL-CALL ATTENDANCE
PRESENT
Commissioner Patrick Grace
Commissioner Mandi Stoddard
Commissioner Jared Smith
Commissioner Andrew Seal
ABSENT
Commissioner Nathan Wheeler
Commissioner Maria Lorcher
Commissioner Enrique Rivera
ADOPTION OF AGENDA Adopted
Motion to approve made by Commissioner Smith, Seconded by Commissioner Grace
Voting Yea: Commissioner Grace, Commissioner Stoddard, Commissioner Smith,
Commissioner Seal
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Commissioner Smith, Seconded by Commissioner Grace
Voting Yea: Commissioner Grace, Commissioner Stoddard, Commissioner Smith,
Commissioner Seal
1. Approve Minutes of the May 18, 2023 Planning and Zoning Commission Meeting
2. Findings of Fact, Conclusions of Law for Dutch Bros at Ten Mile (H-2023-0020),
located at 320 & 330 S Ten Mile Rd., by Barghausen Consulting Engineers, Inc.
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
ACTION ITEMS
3. Public Hearing for Compass Pointe Subdivision (H-2023-0004) by A Team Land
Consultants, located at 3245 and 3247 S. Locust Grove Rd. Recommend Approval
to City Council. Tentatively scheduled for June 27, 2023
A. Request: Annexation of 7.69 acres of land with an R-8 zoning district.
B. Request: Preliminary Plat consisting of 21 residential building lots and 6
common lots.
Motion to recommend approval to City Council made by Commissioner Smith, Seconded by
Commissioner Grace
Voting Yea: Commissioner Grace, Commissioner Stoddard, Commissioner Smith,
Commissioner Seal
4. Public Hearing for Cole Valley Christian School Pre-K-12 (H-2023-0011) by LKV
Architects, located at 7080 W. McMillan Rd. Continued to June 15, 2023
A. Request: Annexation of 71.28 acres of land with an R-15 zoning district.
B. Request: Conditional Use Permit for a 259,000 square foot private
education institution for pre-kindergarten through 12th grade on 48.48 acres
of land in the R-15 zoning district.
Motion to continue to the June 15, 2023 Planning & Zoning Commission Meeting made by
Commissioner Grace, Seconded by Commissioner Smith
Voting Yea: Commissioner Grace, Commissioner Stoddard, Commissioner Smith,
Commissioner Seal
5. Public Hearing for SWIG Meridian (H-2023-0014) by Bowman, located at 3471 W.
Chinden Blvd. Approved
A. Request: Conditional Use Permit for a drive-through establishment within
300 feet of another drive-through facility, residential district and existing
residences.
Motion to approve made by Commissioner Smith, Seconded by Commissioner Grace
Voting Yea: Commissioner Grace, Commissioner Stoddard, Commissioner Smith,
Commissioner Seal
6. Public Hearing for Shoemaker Franklin (H-2023-0008) by Hatch Design
Architecture, located at 5317 W. Franklin Rd. Continued to July 6, 2023
A. Request: Annexation of 13.97 acres of land with an I-L (Light Industrial) zoning
district.
Motion to continue to the July 6, 2023 Planning & Zoning Commission Meeting made by
Commissioner Smith, Seconded by Commissioner Grace
Voting Yea: Commissioner Grace, Commissioner Stoddard, Commissioner Smith,
Commissioner Seal
ADJOURNMENT 6:33 P.M.
Meridian Planning and Zoning Meeting June 1, 2023.
Meeting of the Meridian Planning and Zoning Commission of June 1, 2023, was called to
order at 6:02, p.m.by Chairman Andrew Seal.
Members Present: Chairman Andrew Seal, Commissioner Patrick Grace, Commissioner
Jared Smith and Commissioner Mandi Stoddard.
Members Absent: Commissioner Enrique Rivera, Commissioner Maria Lorcher and
Commissioner Nate Wheeler.
Others Present: Joy Hall, Kurt Starman, Bill Parsons, Sonya Allen, Stacy Hersh and Dean
Willis.
ROLL-CALL ATTENDANCE
Nate Wheeler Maria Lorcher
_X Mandi Stoddard X Patrick Grace
Enrique Rivera X Jared Smith
X Andrew Seal - Chair man
Seal: Good evening and welcome to the Planning and Zoning Commission meeting for
June 1 st, 2023. 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 and on Zoom. We also have
staff from the City Attorney and Clerk's offices, as well as 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 a process question during the meeting please e-mail
cityclerk@meridiancity.org and they will reply as quickly as possible. With that let's begin
with roll call -- roll call. Madam Clerk.
ADOPTION OF AGENDA
Seal: Okay. Thank you very much. First item on the agenda is the adoption of the
agenda. We have the application for Shoemaker Franklin, H-2023-0008, and Cole Valley
Christian School, H-2023-0011 -- will be open for -- or will be open for the sole purpose
of continuing to a regularly scheduled meeting. They will be opened only for that purpose.
So, if there is anybody here tonight to testify for these applications we will not be taking
public testimony on them. Can I get a motion to adopt the agenda as -- as amended?
Smith: So moved.
Grace: Second.
Seal: It's been moved and seconded to adopt the agenda. All in favor say aye. Motion
Meridian Planning&Zoning Commission
June 1,2023
Page 2 of 12
passes.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
CONSENT AGENDA [Action Item]
1. Approve Minutes of the May 18, 2023 Planning and Zoning
Commission Meeting
2. Findings of Fact, Conclusions of Law for Dutch Bros at Ten Mile (H-
2023-0020), located at 320 & 330 S Ten Mile Rd., by Barghausen
Consulting Engineers, Inc.
Seal: Next item on the agenda is the Consent Agenda and we have two items on the
Consent Agenda. The first is to approve the minutes of the May 18th, 2023, Planning
and Zoning Commission meeting. The second is Finding of Fact and Conclusions of Law
for Dutch Bros at Ten Mile, H-2023-0020. Can I get a motion to accept the Consent
Agenda as presented?
Smith: So moved.
Grace: Second.
Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor say aye.
Motion passes.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Seal: Okay. At this time I would 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 the Comprehensive Plan and Unified Development
Code. After staff has made their presentation the applicant will come forward to present
their 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 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 -- the Commission. If you
have previously sent pictures or presentations for the meeting it will be displayed and you
will be able to run the presentation with assistance from the clerk if needed. If you have
established that you are speaking on -- on a large group, like an HOA, where others from
that group will allow you to speak on their behalf you will have up to ten minutes. After
all those who have 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 questions for you
you will return to your seat in Chambers or be muted on Zoom and no longer have the
Meridian Planning&Zoning Commission
June 1,2023
Page 3 of 12
ability to speak. And 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 and Commissioners will have the opportunity to discuss and
hopefully be able to make final decisions or recommendations to City Council as needed.
ACTION ITEMS
3. Public Hearing for Compass Pointe Subdivision (H-2023-0004) by A
Team Land Consultants, located at 3245 and 3247 S. Locust Grove
Rd.
A. Request: Annexation of 7.69 acres of land with an R-8 zoning
district.
B. Request: Preliminary Plat consisting of 21 residential building lots
and 6 common lots.
Seal: With that at this time I would like to continue the public hearing for Item No. H-
2023-0004, Compass Pointe Subdivision, and we will begin with the staff report.
Hersh: Good evening, Mr. Chair and Commissioners. The applicant -- this project was
continued on May 4th at the Commission hearing and the applicant is here to discuss the
project again. The applications that were submitted were annexation and zoning,
preliminary plat, private streets and alternative compliance. The applicant has addressed
all of staff's conditions and resubmitted plans and I will go ahead and show you.
Resubmitted the preliminary plat to address the ten foot sidewalk along Locust Grove.
The turnaround prior to the gate. A sidewalk connection to Victory Road. And the
required landscape buffers do meet the requirements of the UDC and the 25 foot
requirement as well in width. And, then, I will just go ahead and start with the -- they also
submitted revised elevations -- additional ones to show us how the -- the street -- the
private street to the north would look with the different houses. So, it's not one continuous
monotone plane. And, then, I also pulled from ACHD's report to talk about the level of
acceptable service. The road was given an F from ACHD. However, the roadway
segments are going to be improved and these are the timelines. So, the bridge over Ten
Mile on Victory Road is scheduled to be replaced and widened in 2023 and the other
bridge over Ten Mile Creek on Locust Grove is scheduled in the FY plan designed to be
in 2023 and widened in 2026 and I can go to ACHD's website and pull up their map to
show you the timelines that's happening in that area next to this project. All righty. So,
currently--this is Locust Grove widening and this is the roundabout that ACHD is currently
working on at Locust Grove and Victory and those are both 2023 projects. So, you can
see that that's actually being done now and the roads are closed. And, then, the bridge
project that's up through here is scheduled for 2023 as well and that will be worked on
after the roundabouts, so -- and it also goes to Overland. So, I just wanted to point that
out on their website. And that concludes staff's presentation for tonight about this project
and I stand for any questions.
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June 1,2023
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Seal: Thank you very much. Would the applicant like come forward?
Arnold: Mr. Chairman, Members of the Commission, for the record it's Steve Arnold. A
Team Land Consultants. 1785 Whisper Cove, Boise. 83709. As I was talking to Stacy
earlier tonight, I really don't have a lot of a presentation. We have -- you have heard me
speak on this project probably more than most and you are probably tired of listening to
me. To recap, I mean we originally had this approved by the -- the --this board with about
twice as many lots as we have now. The only thing that's really changed on this is the --
we went from townhouse to single family and that was done based on the direction of the
Council. You know, after -- this got denied once by the P&Z. We went to City Council.
We asked for them to remand it back to you guys. Then you guys approved it. We went
to City Council and Council is -- nay, townhomes we don't like. So, we have -- it was
denied and, you know, we waited the year time. It -- it -- we resubmitted and we think --
we know that -- I think we have addressed all of City Council's concerns, so I -- there is
not much more I can add to this tonight. So, I will stand with questions.
Seal: Commissioners, do we have any -- any questions for staff or the applicant? Go
right ahead.
Grace: Mr. Chairman. Steve, just a question about the sidewalks. Am I accurate in
looking at the history of this project and concluding you went from five to ten feet, but only
for a certain portion of the -- of the sidewalk along -- I think it's Locust?
Arnold: Mr. Chairman, Commissioner Grace, no, that's incorrect.
Grace: Okay.
Arnold: So, we -- we went from five foot along Locust Grove and five foot along Victory
to the ten foot. Actually, I think Victory has always been ten. We just changed it along
Locust Grove. The internal sidewalk has not -- not changed. It -- it's five foot adjacent to
the private road.
Grace: Okay. But you are -- you are in compliance with the staff recommendation on the
ten foot on the arterial roads?
Arnold: Yes. Mr. Chairman, Commissioner Grace, I -- I guess I should have stated this
in the beginning, but we are in compliance with the -- all of the staff report and all the
agency requirements, so we can comply with all of the staff report.
Grace: Okay. Thanks. I was just confused about that piece of it.
Arnold: Sure.
Grace: Thank you.
Seal: Okay. Any other questions?
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June 1,2023
Page 5 of 12
Hall: Mr. Chair?
Seal: Oh, go right ahead.
Hall: Mr. Chair, there is nobody signed up or online.
Seal: Okay. Is there anybody in the audience that would like to testify on this? Might
make this quick for you here. So, nothing further to add? No other questions? All right.
Thank you.
Arnold: I have no rebuttal.
Seal: All right.
Arnold: Thanks for your time.
Seal: Thank you. Appreciate it. With that can I get a motion to close the public hearing
for File No. H-2023-0004 for Compass Pointe Subdivision?
Smith: So moved.
Stoddard: So moved.
Seal: Got a second?
Stoddard: Second.
Seal: Motion and second to close the public hearing for File No. H-2023-0004. All in
favor, please, say aye. Motion passes.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Seal: I will jump in first. Stacy, thank you very much for getting the additional data on the
roads and everything there. So, reading through the ACHD report Locust Grove was
graded as an F, which is basically subpar for service in that area, but as you can see
2023 is when that is going to get widened, so -- and there is other work that's going on in
the area and that's already been completed. So, I have seen this application quite a few
times in the four years I have been here, so glad to see that it's, you know, kind of landing
where it is. It's been -- it's -- it's been quite the battle to get this in here and get that little
piece of land developed. It's definitely -- it is an odd piece of in-fill that -- that's -- that's
in there and I -- I'm -- I'm pretty happy with what ended up -- I mean between, you know,
what the Commission and Council recommended on it I think you did a good job of -- of
putting it in there the best--you know, the best way you possibly could without, you know,
making it something that's not going to be enjoyable for the folks that live there. So, I'm
-- I'm in favor of moving this forward to City Council. Commissioner Grace?
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June 1,2023
Page 6 of 12
Grace: Mr. Chairman, I -- I would agree with you. The -- I -- I like the -- what I saw and I
remember this from several weeks ago and I liked what I saw in reviewing this in
preparation for tonight's meeting. I still do think that you might have a challenge on your
hand with having the HOA sort of make people park in garages. Having served on an
HOA I know that's not always easy and if the private street can't handle the -- the off-
street parking, then, you know, that could be an issue. But it is what it is. Just a question
for clarification. So, the director has already approved or he has just indicated his support
of the alternative compliance with the private street and is that anything we have to -- it
looked like we don't have to take action on it, but do we have to at least focalize some
sort of support for that?
Hersh: Mr. Chair, Commissioner -- Commissioner Grace, so the director has already
approved it. There is no need for you to take action on it.
Grace: Okay. Thank you.
Seal: All right. Commissioner Stoddard, Commissioner Smith?
Stoddard: Nothing from me.
Smith: Yeah. I think -- I mean we have -- we have seen this before and it seemed like
there were just a couple of things last -- you know, to button up at the last hearing and it
seems like they have gotten everything buttoned up. So, I have no additional comments
or feedback. It seems like it's the best use of, you know, what you stated is -- is an odd
piece of land, odd piece of in-fill, and, you know, going from the previous kind of strong
resistance to this to, you know, no -- no one commenting seems like, you know, a lot of
the previous complaints have -- have all been addressed. So, yeah, fully support this.
Seal: Commissioner Stoddard, do you have anything to add?
Stoddard: No. I agree with what you guys said, so --
Seal: All right. With that I will take a motion if anybody wants to take a crack at one.
Smith: Mr. Chair?
Seal: Commissioner Smith.
Smith: Make sure I'm reading the right file number, but -- yes. After considering all staff,
applicant, and public testimony I move to recommend approval of the City Council -- to
the City Council of File No. H-2023-0004 as presented in the staff report for the hearing
date of June 1 st, 2023.
Seal: Do I have a second?
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June 1,2023
Page 7 of 12
Grace: Second.
Seal: It's been moved and seconded to approve File No. H-2023-0004 for Compass
Pointe Subdivision. All in favor, please, say aye. Opposed nay? Motion passes. Thank
you very much. I appreciate your time again.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
4. Public Hearing for Cole Valley Christian School Pre-K-12 (H-2023-
0011) by LKV Architects, located at 7080 W. McMillan Rd.
A. Request: Annexation of 71.28 acres of land with an R-15 zoning
district.
B. Request: Conditional Use Permit for a 259,000 square foot private
education institution for pre-kindergarten through 12th grade on
48.48 acres of land in the R-15 zoning district.
Seal: Okay. With that we will continue File No. H-2023-0011 for Cole Valley Christian
School, pre-K-12 for continuance to the date of 6/15/2023. Somebody want to make a
motion on that?
Grace: Mr. Chairman, I can try.
Seal: Okay.
Grace: Mr. Chairman, I would move that we continue agenda Item 4, File No. H-2023-
0011, for Cole Valley Christian School to our next regularly scheduled meeting on June
15th, 2023.
Seal: The reasoning behind that is because we still haven't received the ACHD staff
report.
Grace: Yeah. Yeah. My apologies. That's exactly right.
Seal: Okay. Do I have a second?
Smith: Second.
Seal: It's been moved and seconded to continue File No. H-2023-0011 to the date of
6/15/2023. All in favor, please, say aye. No opposed. Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
5. Public Hearing for SWIG Meridian (H-2023-0014) by Bowman, located
at 3471 W. Chinden Blvd.
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June 1,2023
Page 8 of 12
A. Request: Conditional Use Permit for a drive-through establishment
within 300 feet of another drive-through facility, residential district
and existing residences.
Seal: Thank you. I would like to open File No. H-2023-0014 for SWIG Meridian and we
will begin with the staff report.
Allen: Thank you, Mr. Chair, Members of the Commission. The next application before
you is a request for a conditional use permit. This site consists of .59 of an acre of land.
It's zoned C-G and is located at 3471 West Chinden Boulevard. The Comprehensive
Plan future land use map designation is commercial. A conditional use permit is
requested for a drive-through establishment within 300 feet of another drive-through
facility, a residential district and existing residences on .59 of an acre in the C-G zoning
district. There are three other existing drive-through establishments within 300 feet of the
property. Key Bank to the west, Dutch Brothers Coffee to the east and Slim Chickens
further to the east. There are existing residences and residential districts within 300 feet
of the property to the west. A 665 square foot restaurant is proposed for SWIG, which
serves sodas, cookies and pretzels. The proposed use will only have drive-through
service. No indoor or outdoor seating, walk up order window nor speakers are proposed.
The parking is for employees only. The proposed use and development plan is in
substantial conformance with the provisions in the existing development agreement and
with the specific use standards for drive-through establishments in the UDC. The
applicant submitted a revised plan shown on the right earlier today that includes
perpendicular, instead of angled parking, which allows vehicles to park without going
around the building through the drive through, requiring the outside lane to remain open
the entire length. This change allows an additional short overflow stacking area, which
should prevent vehicles from blocking the drive aisle adjacent to parking. Staff is in favor
of the proposed design with the following modifications to the conditions of approval.
Deletion of Condition No. 2-E which prohibits stacking in the outside travel lane of the
drive-through and a condition requiring wheel restraints in the parking spaces to be
depicted abutting the pedestrian walkway on the east side of the site to prevent cars from
overhanging beyond the designated parking stall dimensions as set forth in the UDC or
widen the abutting sidewalk an additional two feet to allow for overhang. I noticed that
does -- that is indicated on the site plan, but not on the landscape plan, so that's why
mention it. There has been no written testimony on the request and staff is recommending
approval with the aforementioned changes to the conditions. Staff will stand for any
questions. I believe the applicant is online tonight.
Seal: Okay.
Allen: Oh. I'm sorry. Thank you.
Seal: All right. Would the applicant like come forward then? Good evening. We will
need your name and address for the record and the floor is yours.
Tenney: Hello. My name is Cass Tenney. My address is 5219 West Nokasippi Lane in
Meridian Planning&Zoning Commission
June 1,2023
Page 9 of 12
South Jordan, Utah. 84009. 1 work for Savory. We own SWIG, the restaurant proposed.
I think she covered everything. We did make this last minute change to the site plan
today for the parking. I just wanted to also mention that our original location is in St.
George, Utah, and has a similar layout, because the parking stalls are only used for
employees. As she said we don't have any customer access besides through the drive
through. There has been no issues with parking stalls with the --with our employees and
customers coming in and out, just because there is not a lot of traffic, if you will, just
coming and going to work.
Seal: Okay
Tenney: Any questions? Anything else?
Seal: Commissioners, any questions for the applicant? I will just throw it out there, just
because there is a lot of drive-throughs out there. Have you -- have you put one of these
into a location with this many drive-throughs?
Tenney: Yes. So, we -- this is our new prototype and we have put these in quite a few
parking lots in grocery stores in Texas, even next to Dutch Bros, which I'm sure you are
familiar with has quite the following. So, we have multiple sites that we are right next to
them and we both bring a lot of traffic, but we move people through the line very quickly,
so they are usually at the window for under a minute and we do the orders, like Chick-fil-
A, with the Pads. So, they are just circling through very quickly.
Seal: Got you. Okay. Thank you very much. Madam Clerk, do we have anybody signed
up to testify on this?
Hall: Mr. Chair, we do not.
Seal: Then would you like to come and testify? No? And the only person online is the
engineer; is that correct? Okay.
Grace: Mr. Chairman?
Seal: Oh, go ahead.
Grace: I actually do have a question.
Seal: Okay.
Grace: Do you serve more than soda, cookies and pretzels or is that just like a sampling
of what --
Tenney: No. So, we have soda, but -- it's all drinks So, soda, water based drinks and
we have our own proprietary energy drink. So, it's Starbucks, but soda and water, instead
of coffee.
Meridian Planning&Zoning Commission
June 1,2023
Page 10 of 12
Grace: Are they pretty specialized cookies and pretzels I'm guessing?
Tenney: Yeah. Just -- we have kind of a specialty rotating menu of cookies and, then,
pretzel bites. It all comes in prepackaged, so that's why we are able to keep it pretty small
in there.
Grace: Okay. I was just curious. Thanks.
Tenney: It's -- I think you guys have Sodalicious in Meridian. Same thing.
Seal: Okay. Anybody else? No? All right. Thank you very much. With that I will take a
motion to close public hearing for File No. H-2023-0014.
Grace: So moved.
Stoddard: So moved.
Seal: It's been moved and seconded to close the public hearing for File No. H-2023-
0014. All in favor, please, say aye. No opposed. Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Seal: Yeah. I will start and say this one -- you know, outside of there is a lot of drive
throughs out there, I just picture people, you know -- I'm going to go get a coffee and get
a snack to go with it and get my chicken and go through to the bank and then -- you could
spend an hour out there going through the -- and, then, you got to stop and get gas on
the other side. So, that could be entertaining to watch out there. Other than that I -- you
know, it's good to see more businesses, you know, coming into the Meridian area,
especially ones that we haven't seen before that are chains and, you know, kind of blend
in with, you know, more of our organic kind of mom and pop shops and things like that.
So, it's good to see. Anybody else?
Grace: Mr. Chairman, I -- I agree. I -- I like the idea that this is a little bit unique and
something different and to speak to the drive throughs, it -- you know, I -- I forget the
name of the road, the -- the lane that's south of -- of the establishment, but, obviously,
they are not -- you know, there is not an access onto Chinden or anything, so I'm thinking
and hoping that that's -- that's going to make it okay. So, I -- I support this as well.
Seal: Okay. Commissioner Stoddard, anything to add?
Stoddard: No. I'm in support of it, too. I think it's good.
Seal: I will take a motion if anybody wants to throw one out.
Smith: Mr. Chair?
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June 1,2023
Page 11 of 12
Seal: Go right ahead.
Smith: After considering all staff, applicant and public -- staff and applicant testimony,
move to approve File No. H-2023-0014 as presented in the staff report for the hearing
date of June 1 st, 2023.
Grace: Do we need to --
Stoddard: Second.
Grace: -- the two conditions -- the two additional --
Smith: Oh. With the addition of those two conditions mentioned by staff, the removal of
Condition 2-E and -- could you clarify --
Seal: Parking barriers.
Smith: Oh. And the inclusion of the parking barriers as shown in the site plan, but not in
the landscape plan.
Grace: I will second that.
Seal: Okay. It has been moved and seconded to approve File No. H-2023-0014 for SWIG
Meridian. All in favor, please, say aye. No opposed. Motion passes and is approved.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
6. 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: All right. And with that -- thank you. And with that we will open File No. H-2023-
0008 for Schumacher-- Shoemaker Franklin for continuance to the date of July 6th, 2023.
Smith: Mr. Chair?
Seal: Go ahead.
Smith: I move that we continue the hearing for Item 6, H -- File No. H-2023-0008 to our
regularly scheduled meeting on July 6th, 2023.
Seal: Is there a second?
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June 1,2023
Page 12 of 12
Grace: Second.
Seal: It's been moved and seconded to continue -- continue File No. H-20203-0008 to
July 6th, 2023. All in favor, please, say aye. No nays. It is continued.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Seal: And with that I will take one more motion.
Grace: Mr. Chairman?
Seal: Go ahead.
Grace: Motion to adjourn.
Smith: Second.
Seal: It's been moved and seconded that we adjourn. All in favor, please, say aye. We
are adjourned. Thank you much.
MEETING ADJOURNED AT 6:27 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. )
APPROVED
ANDREW SEAL - CHAIR MAN 6-15-2023
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the May 18, 2023 Planning and Zoning Commission
Meeting
Meridian Planning&Zoning Commission
May 18,2023
Page 75 of 76
Seal: Yes. Can I get a motion to continue File No. H-2023-0003 for Julia Subdivision to
the date of June 15th, 2023.
Smith: So moved.
Grace: Second.
Seal: It's been moved and seconded to continue File No. H-2023-0003 to date of June
15th. All in favor, please, say aye. Opposed nay? Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Seal: Now I will take one final motion.
Lorcher: Mr. Chair, I move that we adjourn.
Wheeler: Second.
Seal: It's been moved and seconded that we adjourn. All in favor, please, say aye.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Seal: We are adjourned. Thank you.
MEETING ADJOURNED AT 10:20 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. )
APPROVED
ANDREW SEAL - CHAIRMAN 6/1/2023
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Dutch Bros at Ten Mile (H-2023-
0020), located at 320 & 330 S Ten Mile Rd., by Barghausen Consulting Engineers, Inc.
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 a new approximate 5,825-foot multi-
tenant building with a drive-through located within 300 feet of an existing drive-through facility,
residential district, and existing residence for Dutch Bros at Ten Mile,Located at 320&330 S.Ten
Mile Road in the C-G Zoning District,by Barghausen Consulting Engineers,Inc.
Case No(s).H-2023-0020
For the Planning& Zoning Commission Hearing Date of: May 18,2023 (Findings on June 1,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 18, 2023, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 18,2023, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 18, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 18,2023,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). [DUTCH BROS AT TEN MILE CUP—H-2023-0020]
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 May 18,2023,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 May 18,2023,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). [DUTCH BROS AT TEN MILE CUP—H-2023-0020]
Page 2
G. Attached: Staff Report for the hearing date of May 18,2023
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [DUTCH BROS AT TEN MILE CUP—H-2023-0020]
Page 3
By action of the Planning&Zoning Commission at its regular meeting held on the 1st day of
June ,2023.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MANDI STODDARD VOTED
Andrew Seal, Chairman 6/1/2023
Attest:
Chris Johnson, City Clerk 6/1/2023
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: 6/1/2023
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [DUTCH BROS AT TEN MILE CUP—H-2023-0020]
Page 4
EXHIBIT A
STAFF REPORT E IDIAN�.
COMMUNITY DEVELOPMENT DEPARTMENT J A H
HEARING May 18 2023
� Legend
DATE: Project Location
TO: Planning&Zoning Commission
FROM: Stacy Hersh,Associate Planner
208-884-5533
,.tee
�W-
SUBJECT: H-2023-0020—Dutch Bros at Ten Mile 01
CUP t .
LOCATION: 320&330 S. Ten Mile Road in the NE 1/4
of the Northwest'/4 of Section 14, , F '
Township 3N.,Range 1 W. (Parcels .
#R8483010020&R8483010030) �
I. PROJECT DESCRIPTION
Conditional Use Permit request for a new approximate 5,825-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 1.5 acres of land in the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage M 1.5 acres(Conditional Use Permit)
Future Land Use Designation MU-COM(mixed-use commercial)
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Dutch Bros.Coffee—Multi-tenant building(restaurant with a
drive-through)
Current Zoning C-G
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 3/14/2023; 1 attendee
attendees:
Description Details Page
History(previous approvals) Annexation(AZ-13-015);Preliminary Plat(PP-13-030);Final
Plat(FP-14-039),DA#2021-089157
Page 1
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.Cobald Drive at the
(Arterial/Collectors/State South boundary of the site.
Hwy/Local)(Existing
and Proposed)
Trip Generation 170 additional vehicle trips per day; and 15 additional vehicle trips per hour on the PM
peak hour.
C. Project Area Maps
Future Land Use Map Aerial Map
I
Legend vic 0 Legend i 0
Project Location Project Location
i
� n
High Density
Residential
m
MU-Res
Commercial
MU-Com
Page 2
Zoning Map Planned Development Map
Legend R-40 0 Legend 0
FMProject Location Project Location --
`_R1.5 C-C
RUT ; City Limits '
IR 15 —Planned Parcels
C-C
R-40
0
C-G
C-C
E 0o
III. APPLICANT INFORMATION
A. Applicant:
Shelby Eldridge,Barghausen Consulting Engineers,Inc.— 18215 72nd Avenue South, Kent WA 98032
B. Owner:
SCS Brighton, LLC— 12601 W. Explorer#200
C. Agent/Representative:
Shayna Randall,Dutch Bros West Treasure Valley—2114 N. Elder Street
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/3/2023
Radius notification mailed to
properties within 500 feet 4/28/2023
Public hearing notice sign posted
5/5/2023
on site
Nextdoor posting 4/28/2023
V. COMPREHENSIVE PLAN (HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAl�:
Land Use:
This property is designated Mixed Use—Commercial(MU-COM)within the Ten Mile Interchange
Specific Area Plan on the Future Land Use Map (FLUM).
The purpose of the MU-COM designation is to encourage a diversity of compatible land uses that may
include a mixture of residential,office,retail,recreational, employment, and other miscellaneous uses,
Page 3
with supporting multi-family or single-family attached residential uses(see pg. 3-9 in the TMISAP for
more information).
Mixed-use designated areas in the TMISAP are recommended locations for development of activity
centers that are specifically planned to include both residential and non-residential uses. Mixed-use
areas are anticipated to have 3 or more significant income-producing uses(I.E. retail,office,
residential and lodging facilities)with significant functional and physical integration in conformance
with the coherent plan(pgs. 3-7 &3-8).
COMPREHENSIVE PLAN POLICIES(https://www.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 that ensure the livability and
economic vitality of the community.
• "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 is currently a diverse and active community,featuring a variety of
retail, restaurant, office, and residential uses, as well as a multi family development directly to
the east. To the north are commercial and office uses, including a Dentist's office, Primary
Health, various restaurants, car wash, bank, Sherwin Williams, and an Eintein's Oilery. To the
south, there are proposed restaurant uses, retail shops, and a Saltzer Medical Office. Across Ten
Mile Road to the west, new development is sprouting up,featuring multi family residences, retail,
office space, and other uses. The proposed Dutch Bros. coffee restaurant will enhance this
vibrant area by adding a popular drive-through coffee chain option for area residents, especially
those living in nearby residential developments. The new establishment will also create job
opportunities for nearby residents.
• "Require pedestrian circulation plans to ensure safety and convenient access across large
commercial and mixed-use developments."(3.07.02A).
Along the entire frontage of S. Ten Mile Road, there is an existing 10 foot wide pathway located
within the buffer. A 5-foot wide detached sidewalk is also present within the landscape buffer
along W. Cobalt Drive, which will connect to the multi-use pathway at the intersection of Cobalt
Drive and Ten Mile Road. The development requires a minimum 5-foot wide sidewalk adjacent to
all commercial buildings and along the main driveways within the site. These sidewalks will
facilitate pedestrian connectivity and easy access throughout the mixed-use development.
• "Minimize noise, lighting,and odor disturbances from commercial developments to residential
dwellings by enforcing city code."(5.01.01F)
Operation of the proposed use should comply with City ordinances pertaining to noise, lighting,
and odor disturbances.
VI. STAFF ANALYSIS
A. PROPERTY HISTORY
In 2020, a DA Modification was approved to terminate all existing agreements in the Ten Mile Crossing
development area in favor of one master agreement to govern future development of the overall area to
include project-specific design guidelines to supersede those in the Ten Mile Interchange Specific Area
Page 4
Plan(TMISAP),which include deviations form certain goals and guidelines including decreased floor
area ratios, different street and streetscape designs, landscape and architectural design elements and site
development standards,including an increase in building height in the C-G zoning district of up to 100-
feet to allow for 6-story buildings. Rezone of 40.98-acres from the R-40 and C-C zoning districts to the
C-G zoning district, 3.9-acres from the TN-C and C-G zoning districts to R-40 zoning district, 0.65-acre
from the R-8 and TN-C zoning districts to the C-G zoning district, and 0.53-acre from the TN-C zoning
district to the C-G zoning district; and,Preliminary Plat consisting of 83 buildable lots and 2 common
lots on 132.42 acres of land in the R-40 and C-G zoning districts,by Brighton Development.
B. CONDITIONAL USE PERMIT(CUP)
Conditional use permit for a new 5,825 square foot multi-tenant building with a dual drive-through for
Dutch Bros. coffee restaurant on approximately 1.5 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.A menu board location should be depicted on the plans. 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 Dutch Bros coffee facility includes a separate stacking lane that
provides queuing space for up to 27 vehicles, which is located behind the drive-through window. The
drive-through itself starts at the northwest side of the building and exits at the southeast side,facing S.
Innovation Lane.At this location, the company has proposed implementing a runner system, where
employees will take orders and charge customers in person while walking alongside vehicles in the
stacking lane, and customers may also place their orders at the window when there are no cars in line.
This system eliminates the need for speaker boxes and menu boards, which can cause noise disturbances
and increase wait times. If there is excessive overflow from the drive-through lane, it will stack into the
parking lot from the east, rather than spilling onto S. Innovation Lane or W. Cobalt Drive. The concept
plan also shows that the stacking lane is separate from the drive aisles and parking, which allows for
easy access to the rest of the development.
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.
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 southwest side of the building(see paint striping on
site plan).
Page 5
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 and W. Cobalt Drive along the south side
of the building for surveillance purposes.
Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific
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 Dutch Bros Coffee and up to three(3) additional tenants upon project completion.
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 south(W. Cobalt Drive). Vehicles will enter the site from the east and will
either park in the lot in front of the drive-through or continue to the west along one of the two 12' drive-
through lanes merging to the coffee kiosk and exiting back to the drive aisle to the south. There is an escape
lane provided just south of the coffee kiosk that exists to the drive aisle to the south. 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.£) of gross floor area. Based
on the 5,825-foot multi-tenant building, a minimum of 23 parking spaces are required. A total of 35 parking
spaces are proposed, exceeding UDC standards.
A minimum one(1)bicycle parking space is required to 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;however, a detail of the bicycle racks should beprovided with the Certificate
of Zoning Compliance(CZC)Application submittal.
Pedestrian Walkways: The proposed plan includes a pedestrian walkway that will run from the east side of
the building's front pick-up window to the pedestrian walkway on W. Cobalt Drive. This walkway will then
lead to the existing 10-foot pathway that runs along S. Ten Mile Road, as mandated by UDC 11-3A-19.13.4.
Landscaping(UDC 11-3B1:
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. Staff
recommends that 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. According to UDC Table
11-2B-3, a 25 foot wide landscaped buffer is required adjacent to residential uses.However, in this case,
the property lines meet in the middle of the drive aisle, meaning that the use is not contiguous to the
residential property.Additionally, the adjacent residential use has already incorporated a landscape
buffer, sidewalk, and garages lining the private drive, which provides additional screening and
buffering."Parking lot: Landscaping is required in the parking lot per the standards in UDC 11-3B-
8C.1. Staff recommends that a landscape strip be added on the east side of the parking lot, in front of the
parking stalls, with a width of 3 to 4 feet. This will prevent vehicles from cutting through the parking lot.
Page 6
To accommodate the landscape strip, the parking stalls adjacent to the building can be reduced to 17 feet
in length and the drive aisles can be reduced to 25 feet in width (see landscape plan below). The
Perimeter landscape planter around the building drive aisles (north, south, east, and west)should be 5-
feet in width. Per UDC 11-3B-8C.2d, each interior planter that serves a double row of parking spaces
shall have at least two (2)trees and shall be covered with low shrubs, lawn, or other vegetative ground
cover. Trees shall be centered within the planters and provide urban canopy. Deciduous urban canopy
trees shall be pruned to a minimum height of eight(8) feet above the adjacent parking areas.
To meet the UDC requirements mentioned above, the landscape plan should be updated in the CZC
submittal to show an additional tree in the two planters that serve the double row of parking stalls.
Outdoor Lighting(UDC 11-3A-11):
All outdoor lighting is required to comply with the standards listed in UDC 11-3A-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 that demonstrate compliance with the standards listed in UDC
11-3A-11 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 fiber cement siding, stucco,metal roofing, stone veneer in Eldorado stone,
canopy soffit in natural north-western spruce,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) is required to be submitted 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 X.
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 these items on May 18,2023.At the public
hearing,the Commission moved to recommend approval of the subject Conditional Use Permit
requests.
1. Summary of Commission public hearing_
a. In favor: Brianna Uy,Barghausen Consulting
b. In opposition:None
C. Commenting: Brianna Uy,Barghausen Consulting
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
Page 7
a. None
3. key issue(s)of discussion by Commission:
a. Safe pedestrian access to the building from the parking lot;
4. Commission change, (s)to Staff recommendation:
a. None
Page 8
VIII. EXHIBITS
A. Site Plan(date: 9/20/22)
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PRELIMINARY NOT FOR CONSTRUCTION =3 I j
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Page 9
B. Lanscape Plan(date: 3/24/23)
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LANDSCAPE PLANTING p9
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PRELIMINARY NOT FOR CONSTRUCTION ! iJ�l.
Page 10
C. Dutch Bros. Coffee Proposed Elevations
DUTCH BROU 00 IDM2-MERD(AN,ID
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EX7ERIOR FINISH t.HEDULE
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PRELIMINARY NOT FOR CONSTRUCT0N
Page 11
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Conditional Use Permit:
1. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application
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. The perimeter landscape planter surrounding the building's drive aisles(north, south, east,and
west)must have a width of 5 feet, as required by UDC 11-3B-8C.1.
d. Add an addtional landscape strip to the east side of the parking lot,in front of the parking stalls;
the strip shall be 3 to 4 feet in width.
e. Depict two additional trees in the planters serving the double row of parking stalls in accord eith
UDC 11-3B-8C.2d.
f. Depict signage ahead of each pedestrian crossing in the drive-through lane notifying drivers to
watch out for pedestrians.
g. Submit a detail of the bike rack with the Certificiat of Zoning Comploiance Application.
2. 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.
3. 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. 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.
5. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved
by the City. During this time, the Applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire
building permits and commence construction of permanent footings or structures on or in the ground
as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. Applicant to remove existing blow-off and connect service within 3'from dead end. All other
connections(hydrants, fire lines)need to connect to existing 8" stub.
2. Ensure no sewer services cross infiltration trenches.
3. Any unused sewer stubs must be abandoned per City Standards.
Page 12
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
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.
11. 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 13
C. FIRE DEPARTMENT
No comments were submitted.
D. POLICE DEPARTMENT
No comments were submitted.
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancily.orgyWebLinkyDocView.aspx?id=294812&dbid=0&repo=MeridianCitX
F. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.orgyWebLinkyDocView.aspx?id=293330&dbid=0&repo=MeridianCitX
G. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https:llweblink.meridianciU.orgyWebLinkyDocView.aspx?id=295065&dbid=0&r0o=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.
Stafffinds 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.
Stafffinds 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.
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.
Stafffinds the proposed use will be served by essential public facilities and services as required.
Page 14
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.
Stafffinds 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, eff. 9-15-2005).
Staff finds the proposed use will not result in the destruction, loss or damage of any such features.
Page 15
E K IDIAN:---
iuAn
Planning and Zoning Presentations and outline
Changes to Agenda:
Item #4: Cole Valley Christian School – Project was continued from 5/18 in order for the Commission to review the
ACHD report prior to action on the application – the City still hasn’t received a copy of the report.
th
Item #6: Shoemaker Franklin (H-2023-0008) – Applicant requests continuance to July 6 in order to make changes to
the conceptual development plan consistent with the TMISAP.
Item #3: Compass Pointe Subdivision (H-2023-0004)
Application(s):
Annexation & Zoning
Preliminary Plat
Private Streets
Alternative Compliance (doesn’t require Commission action)
Size of property, existing zoning, and location: This site consists of 7.69 acres of land, zoned RUT in Ada County, located at 3245
& 3247 S. Locust Grove Road.
History: Annexation, PP, ALT, PS H-2020-0100 previously denied by Council
Comprehensive Plan FLUM Designation: Medium-Density Residential (MDR)
Summary of Request: Preliminary Plat consisting of 21 residential building lots and 6 common lots with a proposed R-8 zoning district;
Private streets (PS) are proposed for internal access within the development; Alternative Compliance is requested to UDC 11-3F-4, to
allow the proposed private street to connect to Locust Grove, an arterial street. Proposed lots range in size from 5,000 to 7,529 square
feet (s.f.) (or 0.11 to 0.17 acres). The proposed gross density of the subdivision is 2.96 units per acre.
Existing Structures/Site Improvements: An existing home and outbuilding on the subject property are proposed to be removed with
the development of this property.
Alternative Compliance (ALT) to the private street standards is requested due to the triangular shape bordered on two sides by
arterial streets and on one side by the Ten Mile Creek. There is no opportunity for connectivity to any adjacent site lot and so ACHD
prefers private streets within the development. Consequently, because private streets take less right-of-way than public streets and
most notably because of the constraints just noted the Applicant agrees with this assessment and has proposed private streets
throughout the development. Based on the analysis, the Director is supportive of the request for ALT for the proposed private
streets within this development taking access from an arterial street.
City code requires that private streets are to be used in either a mew or gated development and so the Applicant has
proposed to construct a gated entry into the development. The proposed gate looks to meet the setback standard of 50-feet back
from the ultimate edge of right-of-way per UDC 11-3F-4.
Parking : Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family
dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit
submittal for each residence.
The proposed street sections (24 feet wide with attached sidewalk) of the private streets within the development, shown on
the submitted preliminary plat, CANNOT accommodate parking on either side of the street. The entirety of the private streets will
be required to be labeled as “No Parking,” per the Meridian Fire recommendations. Each unit will be required to meet the off-street
parking standards and Staff encourages the developer of this site to include provisions within their HOA bylaws that prohibit garages
being used as storage. This would help alleviate some of the parking issues seen throughout the City and especially in areas where no
on-street parking is allowed.
The Applicant is also showing guest parking along the Compass Lane totaling 13 additional parking spaces. Lot 6, Block 3 is
proposing 6 guest spaces, Lot 2, Block 2 is proposing 7 guest spaces, both are within a common lot, however staff is not
qualifying these areas as open space.
Sidewalk: Five-foot attached sidewalks are proposed along both sides of the main entrance and on one side of all internal private
streets. Sidewalks are not required when constructing Private Streets. There is no existing sidewalk along Victory Road or Locust
Grove; only a portion of a 10-foot sidewalk along the southeast of S. Locust Grove Road is proposed with this project because both
arterial streets are currently under construction to be widened as part of the roundabout project at this intersection by ACHD
Landscaping : A 25-foot wide street buffer is required adjacent to E. Victory and S. Locust Grove Roads, both are designated as
arterial streets. This buffer should be landscaped per the standards listed in UDC 11-3B-7C and placed into a common lot that is at
least 25 feet wide. In most cases this common lot should also contain the detached sidewalk required along all arterial roadways but in
this case a portion of the sidewalk abutting this site will be built with the ACHD roundabout project. The Applicant is constructing the
remaining portion of the sidewalk on the southeast property boundary adjacent to S. Locust Grove. The landscape plan depicts a 10-
foot wide sidewalk connecting to the 10-foot wide sidewalk to be constructed by ACHD.
The submitted landscape plan and preliminary plat depict a landscaper buffer; the correct number of trees appear to be shown on the
submitted landscape plans. The landscape plans appears to meet the standards in UDC 11-3B-7 (Landscape buffers along streets).
Common Open Space & Site Amenities: A minimum of 15% (or 1.06 acres based on 7.08 acres) qualified open space is required to
be provided in this development per the standards listed in UDC 11-3G-3.
An open space exhibit was submitted that depicts 2.22 acres of common open space for the development with 1.06 acres of this area
as qualified open space (see Section VIII.D). The minimum amount of qualified open space required is 1.06 acres, approximately
46,174 square feet. There are four (4) main open space areas proposed within Compass Pointe, the centralized common open space
includes a sitting area and pickleball court; a pocket park near the entrance will have a gazebo with a picnic area, plaza, and sitting
area; dog park with sitting area and wrought iron fencing; and linear open space along the northern boundary next to the Ten Mile
Creek.
The open space for this development is vastly made up of the Ten Mile Creek easement (2.12 acres) and the arterial street buffers
(22,315 square feet of qualifying area). All of this area is qualifying but the Ten Mile Creek will be left natural (no improvements) and
will be a buffer and more of a visual amenity rather than usable open space for the development.
Due to the peculiar shape of this site, Staff finds the proposed open space satisfies the UDC code requirements. However,
Staff recommends the Applicant submit a revised open space exhibit that aligns with the landscape plan, illustrating the
vehicle turnaround, 25-foot landscape buffer requirement, and 10-foot sidewalk connection along S. Locust Grover Road.
Based on the area of the proposed plat, 7.08 acres, a minimum of one (1) qualified site amenity is required to be provided per the
standards listed in UDC 11-3G-3C. The applicant has proposed three (3) qualifying amenities in multiple locations: gazebos, a picnic
area, seating around small plazas, pickleball court with a seating area, and dog park.
The proposed amenities exceed the minimum UDC requirements and Staff finds them to be applicable for a community of this
kind due to the variety of activity levels they can accommodate.
Waterways: The Ten Mile Creek runs along the western boundary of the site. The irrigation easement is depicted on the plat and no
encroachments are allowed within the easement area. The landscape plan depicts a landscape buffer that looks to be at 5-feet in
width adjacent to the irrigation easement line on the landscape plan.
Fencing : All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the submitted landscape plans, the
Applicant is proposing three (3) types of fencing throughout the site, 6-foot vinyl solid fencing, 6-foot wrought iron fencing, and 4-foot
wrought iron fencing. The landscape plan appears to be in compliance with this requirement.
Building Elevations: Two (2) conceptual building elevations were submitted that demonstrate what future homes in this development
will look like; two-story homes that includes a variation of materials with a two-car garage are proposed. The submitted elevations
depict a number of different architectural and design styles with field materials of lap siding, shake, stucco, differing color accents, roof
profiles, and distinct window styles. Staff recommends that the Applicant add additional stone or brick accents to the front of the
homes to provide more of a variation in materials and provide additional elevations for two-story and single-story homes. Staff is
recommending a condition of approval that the Applicant vary the build-to-lines along the northern boundary within the
development to eliminate any monotonous wall plane; this should occur with every third structure showing a different wall
plane.
The Applicant submitted revised/additional elevations that demonstrate varying build-to-lines along the northern boundary.
Written Testimony: None
Staff Recommendation: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement
with conditions listed in the Staff Report.
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-
2023-0004, as presented in the staff report for the hearing date of June 1, 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-
0004, as presented during the hearing on June 1, 2023, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2023-0004 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance)
___________________________________________________________________________________________________________
Item #5: SWIG Meridian (H-2023-0014)
Application(s): Conditional Use Permit
Size of property, existing zoning, and location: This site consists of 0.59-acre of land, zoned C-G, located at 3471 W. Chinden
Blvd.
Comprehensive Plan FLUM Designation: Commercial
Summary of Request: A CUP is requested for a drive-through establishment within 300’ of another drive-through facility, a residential
district & existing residences on 0.59-acre in the C-G zoning district. There are (3) other existing drive-through establishments within
300’ of the property – Key Bank to the west, Dutch Bros. Coffee to the east and Slim Chickens to the east; there are existing
residences and residential districts within 300 feet of the property to the west.
A 665 s.f. restaurant is proposed for SWIG, which serves sodas, cookies and pretzels. The proposed use will only have drive-through
service; no indoor or outdoor seating, walk-up order window, nor speakers are proposed – the parking is for employees only.
The proposed use and development plan is in substantial conformance with the provisions in the existing DA and with the specific use
standards for drive-through establishments.
The Applicant submitted a revised SP earlier today that includes perpendicular instead of angled parking, which allows vehicles to park
without going around the building through the drive-through, requiring the outside lane to remain open the entire length. This change
allows an additional short “overflow” stacking area which should prevent vehicles from blocking the drive aisle adjacent to parking. Staff
is in favor of the proposed design with the following modifications to the conditions of approval:
Delete condition #2e which prohibits stacking in the outside travel lane of the drive-through.
Depict wheel restraints in the parking spaces abutting the pedestrian walkway on the east side of the site to prevent cars from
overhanging beyond the designated parking stall dimensions as set forth in UDC 11-3C-5B; or widen the abutting sidewalk an
additional 2-feet to allow for overhang.
Written Testimony: None
Staff Recommendation: Approval with the aforementioned changes to conditions.
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0014, as presented in the staff
report for the hearing date of June 1, 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-2023-0014, as presented during the
hearing on June 1, 2023, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2023-0014 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance)
Planning and Zoning Commission Meeting June 1, 2023
Item #3: Compass Pointe Subdivision(H AERIAL MAPMAPZONING FUTURE LAND USE MAP Preliminary Plat, Private Streets, and Alternative ComplianceAnnexation & Zoning, –0004) -2023-
Annexation Exhibit & Preliminary Plat
Landscape Plan & Open Space Exhibit
Conceptual Building Elevations
Item #5: SWIG Meridian AERIAL MAPZONING MAPFUTURE LAND USE MAP Conditional Use Permit–
Site PlanRevised Site Plan(original)
Landscape Plan (Revised)
ConceptualElevationsBuilding
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Public Hearing for Compass Pointe Subdivision (H-2023-0004) by A Team
Land Consultants, located at 3245 and 3247 S. Locust Grove Rd.
Application Materials: https:Hbit.ly/H-2023-0004
A. Request: Annexation of 7.69 acres of land with an R-8 zoning district.B. Request: Preliminary
Plat consisting of 21 residential building lots and 6 common lots.
PUBLIC HEARING SIGN IN SHEET
DATE: June 1, 2023 ITEM # ON AGENDA: 3
PROJECT NAME: Compass Pointe Subdivision (H-2023-0004)
Your Full Name Your Full Address Representing I wish to testify
(Please Print) HOA? (mark X if yes)
If yes, please
provide HOA name
Mo
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STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 05/04/2023; Continued to June 1,2023 '
DATE: Legend
Project Location '
TO: Planning&Zoning Commission
FROM: Stacy Hersh,Associate Planner
208-884-5533
SUBJECT: H-2023-0004 _
Compass Pointe Subdivision
LOCATION: The site is located at 3245 &3247 S.
Locust Grove Road,in the NE '/4 of the ;
NE 1/4 of Section 30,Township 3N., --
Range 1E. AN
.s
I. PROJECT DESCRIPTION
Annexation and zoning of 7.69 acres of land with a request for the R-8 zoning district;
• Preliminary Plat consisting of 21-residential building lots and 6 common lots on approximately
7.08 acres of land in the R-8 zoning district;
• Private streets(PS)are proposed for internal access within the development;
• Alternative Compliance is requested to UDC 11-3F-4,to allow the proposed private street to
connect to Locust Grove, an arterial street;by A-Team Land Consultants.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 7.69 acres
Future Land Use Designation Medium Density Residential
Existing Land Use(s) County Residential(RUT)
Proposed Land Use(s) detached single-family homes
Lots(#and type;bldg./common) 27 total lots—21 single-family residential;and 6 common
lots.
Phasing Plan(#of phases) Proposed as one(1)phase.
Number of Residential Units(type 21 total units single-family detached units
of units)
Density(gross&net) Gross—2.96 du/ac.;Net—3.37 du/ac.
Open Space(acres,total 2.75 acres total—2.22 acres of qualifying open space(or
[%]/buffer/qualified) approx. 31.4%qualified according to the submitted open
Page 1
Description Details Page
space exhibit)much of the qualified open space is the
creek and landscape buffers.
Amenities 3 amenities—Park#1 -a gazebo,picnic area,and sitting
plaza;Park#2-sitting area and pickleball court;and dog
park with a sitting area.
Physical Features(waterways, Tenmile Creek runs along the western property boundary
hazards,flood plain,hillside) with most of its easement on this property.A portion of the
property within the easement shows area of flood hazard.
Neighborhood meeting date;#of November 3,2022;2 attendees.
attendees:
History(previous approvals) In 2020,City Council denied the previous proposed project
(AZ,PP,ALT,PS H-2020-0100)
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) No
• Requires ACHD No
Commission Action
es/no
Access(Arterial/Collectors/State Proposed access is from S. Locust Grove,an arterial. The
Hwy/Local)(Existing and Proposed) proposed access is via a new private street and all internal
roadways are proposed as private streets.
Stub Street/Interconnectivity/Cross No stub streets are proposed due to site constraints.
Access
Existing Road Network E.Victory Road and S.Locust Grove Road,arterial streets,
are existing with 2 travel lanes.
Existing Arterial Sidewalks/ No
Buffers
Proposed Road Improvements No road improvements are proposed by the Applicant due
to all abutting right-of-way to the subject site being
scheduled for widening by ACHD. The intersection of
Locust Grove and Victory is to be a roundabout in
2022-23 with Locust Grove Rd.being widened to 5
lanes north of the intersection and Victory Road being
widened to 3 lanes on either side of the intersection by
2025.
Fire Service
• Distance to Fire Station 1.5 miles from Fire Station#4
• Fire Response Time Proposed development falls within the 5-minute response
time goal.
• Resource Reliability 74%(below the target rating of 80%)
• Risk Identification Risk Factor 2—Residential with hazards;current resources
would not be adequate to supply service to this project due
to nearby waterway if a water emergency were to occur.
• Accessibility The proposed project meets all required access,road
widths,and turnarounds.
The electric gate at the entrance shall have an Opticom
device and a knox switch for back-up in case the Opticom
device fails.All roads are fire lanes and shall be signed:No
Parking Fire Lane"per the 1018 IFC and installed per
ACHD standards.
Page 2
Description Details Page
Police Service
• Distance to Police Station No comments submitted.
• Response Time
• Accessibility
• Additional Comments
West Ada School District
• Distance(elem,ins,hs) No comments submitted.
• Capacity of Schools
• #of Students Enrolled
Wastewater
• Distance to Sewer N/A
Services
• Sewer Shed South Black Cat Trunk Shed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 13.98
• Project Consistent with YES
WW Master Plan/Facility
Plan
• Additional Comments M Flow is committed
■ Ensure no sewer services pass through infiltration
trenches.
Water
• Distance to Water Services 0'
• Pressure Zone 4 -
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with YES
Water Master Plan
• Impacts/Concerns M Water and Sewer in parallel require a 30'easement.
■ The Water and Sewer need 10' separation and should
be evenly spaced from the edge of the easement.
■ Water mains by themselves require a 20'easement
with Water main centered in the easement.
■ Ensure no permanent structures(trees,bushes,
buildings,carports,trash receptacle walls,fences
infiltration trenches,light poles etc.)are built within
the utility easement.
■ See mark-ups for additional comments.
Page 3
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IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 4/19/2023
Radius notification mailed to
properties within 500 feet 4/14/2023
Site Posting 4/17/2023
Nextdoor posting 4/14/2023
V. COMPREHENSIVE PLAN ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
Medium Density Residential—This designation allows for dwelling units at gross densities of
three to eight dwelling units per acre. Density bonuses may be considered with the provision of
additional public amenities such as a park, school,or land dedicated for public services.
The proposed annexation area is an undeveloped corner of land with existing medium-density
development to its west, east across Locust Grove, and north across Victory Road. Specifically,
this parcel of land is at the southwest corner of Victory Road and Locust Grove Road. There is
existing City of Meridian zoning to the west, east, and north located within the northeast corner
of the same intersection.All existing development directly adjacent to the subject site is zoned R-
8.
The proposed land use of single family detached residential would be consistent with the existing
surrounding dwelling units in the immediate area. Medium-Density Residential(MDR)allows
gross densities of 3-8 units per acre; the Applicant is proposing a gross density of 2.96 du/ac.
Staff finds that the proposed project meets the density requirements of the Comprehensive Plan.
B. Comprehensive Plan Policies(https:llwww.meridianciny.or /g compplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"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 R-8 zoning and proposed
land use of single family detached homes will contribute to the variety of housing options in this
area and within the City as desired. Single-family detached homes currently surround the
proposed development.
"With new subdivision plats,require the design and construction of pathways connections, easy
pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable
open space with quality amenities"(2.02.01 A). The Applicant is proposing a 5-foot sidewalk
along S. Locust Grove Road that connects to the 10 foot pathway proposed on the northeast of S.
Locust Grove and Victory Road. The 5-foot sidewalkproposed along S. Locust Grove Road is
required to be a 10 foot wide pathway connection to the newly proposed pathway to be built by
ACHD. In addition, the Applicant is proposing 5-foot sidewalks adjacent to the internal private
streets with connections to the path along S. Locust Grove and Victory Roads. These connections
create a continuous walking path through the development creating easy pedestrian and bicycle
access within and outside of the proposed development.
Despite the Ten Mile Creek qualifying as open space per the UDC, it is the majority of the
proposed open space and is not an active open space area. The Applicant has not been able to
enter into a license agreement with the irrigation district to beauty the creek but the code notes
Page 5
that this is one of the waterways encouraged to be left natural. There are other small pockets of
open space within this development that the Applicant can accommodate active uses and the
Applicant has chosen to place them throughout the project to encourage use by all future
residents; three of these areas are-large enough to be qualified open space(meets the 50'x 100'
requirement). Despite the inclusion of a large area of qualified open space in terms of the
percentage of the site, Stafffinds the proposed open space is in alignment with this policy.
"Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements, access management, and frontage/backage roads, and promoting local and
collector street connectivity"(6.01.0213). Due to the triangle shape of this parcel and its location
being constrained directly by the Ten Mile Creek and two arterial streets, strict compliance with
this policy is not feasible. There are no streets (public or private)stubbed to this property and
this parcel also cannot stub to any other parcel due to these constraints. The Applicant is only
proposing one access for the development and is locating it as far away from the intersection as
physically possible. Despite not being able to comply with this policy, Staff acknowledges that
only one access to an arterial is proposed. The access to Victory Rd. is for emergency access
only.
"Require all new residential neighborhoods to provide complete streets,consistent with the
Transportation and Land Use Integration Plan."(2.02.01 Q. The Applicant is not proposing to
construct complete streets with this development and therefore does not comply with this policy.
Instead, the Applicant is proposing to construct private streets at their minimum standard width
of 24 feet with a 5-foot attached sidewalk on both sides of the street along the main access road,
shown as Compass Lane on the submitted plans. Both ACHD and the Applicant believe private
streets are the preferred street type in this development because there is no opportunity for road
connectivity to adjacent parcels due to the site constraints outlined above. The Applicant is not
required to construct private streets and public streets would be accepted by the highway district
if proposed as compliant with their standards. However,public streets require more right-of-way
than private streets and if this were to be constructed with public roads instead, a redesign of the
project would be required and would likely result in a large reduction in building lots and usable
land.
"Annex lands into the corporate boundaries of the City only when the annexation proposal
conforms to the City's vision and the necessary extension of public services and infrastructure is
provided."(3.03.03). The proposed development and use adhere to the vision established by the
underlying future land use designation in that it should offer an additional housing option for the
immediate area. Single-family detached homes are permitted in the R-8 zoning district.In
addition, all infrastructure extensions will be paid for by the Applicant and not the taxpayers.
"Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00). The proposed site design provides maximum use of the land with the proposed
residential dwelling types and should be compatible with the adjacent subject sites.
Staff finds this development to be generally consistent with Comprehensive Plan policies and
objectives.
VI. STAFF ANALYSIS
NOTE: On May 4,2023,the Planning and Zoning Commission continued this project to allow
the Applicant the opportunity to address the recommended conditions of approval proposed by
Page 6
Staff. Staff s analysis,exhibits,and conditions of approval have been updated to reflect the
changes to the plans as required by the Commission and Staff.
A. ANNEXATION(AZ)
The applicant proposes to annex 7.69 acres of land with an R-8 zoning district. A legal
description and exhibit map for the annexation area is included in Section VIII.A. The property is
contiguous to City annexed land and is within the City's Area of City Impact boundary.
A preliminary plat and conceptual building elevations were submitted showing how the property
is proposed to be subdivided and developed with 21 single-family residential detached dwelling
units at a gross density of 2.96 units per acre(see Sections VIII.B,E). The proposed use and
density of the development are consistent with the MDR FLUM designation.
Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district
per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in
UDC Table 11-2A-6 for the R-8 zoning district.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is
required with the provisions discussed herein and included in Section IX.A.
B. PRELIMINARY PLAT(PP):
NOT-E: Staff r-eaehed out to the Applieant last week to diseuss r-eeommended r-evisions to the
plat and elevations prior-to the Commission hearing. To date, Staff has not r-eeeived a
response baek from the applieant.-Based on the analysis below sever-a!of StafVs
Commission wants to review the ehanges before maldng a r-eeommendation to City Counew,
Staff r-eeommends the Commission eontinue the appliention.
The proposed preliminary plat consists of 21 building lots and 6 common lots on 7.08 acres of
land in the proposed R-8 zoning district. Proposed lots range in size from 5,000 to 7,529 square
feet(s.£) (or 0.11 to 0.17 acres). The proposed gross density of the subdivision is 2.96 units per
acre. The subdivision is proposed to develop in one phase as shown in Section VIII.B.
Existing Structures/Site Improvements: An existing home and outbuilding on the subject
property are proposed to be removed with the development of this property. Prior to the City
Engineer's signature on the final plat, all existing structures are required to be removed.
Dimensional Standards(UDC 11-2): The proposed plat and subsequent development are
required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8
zoning district. The proposed plat appears to comply with the dimensional standards of the
district.
Private Streets/Access: Access for this development is proposed via a gated private street
connection to S. Locust Grove in the southeast corner of the site aligning with E. Coastline St. on
the east side of Locust Grove(the access into Tradewinds Subdivision). All private streets appear
to meet UDC dimensional standards for width,number of units,and turnarounds. However,the
private street standards prohibit connections to arterial roadways unless approved through
alternative compliance.Per UDC 11-3F-4.A.B.3, upon recommendation of the City Engineer
and Fire Marshal, 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 Article and shall not be
detrimental to the public health, safety, and welfare.
Page 7
Alternative Compliance(ALT) to the private street standards is requested due to the triangular
shape bordered on two sides by arterial streets and on one side by the Ten Mile Creek. There is
no opportunity for connectivity to any adjacent site lot and so ACHD prefers private streets
within the development. Consequently, because private streets take less right-of-way than
public streets and most notably because of the constraints just noted the Applicant agrees with
this assessment and has proposed private streets throughout the development. Based on the
analysis, the Director is supportive of the request for ALT for the proposed private streets
within this development taking access from an arterial street.
City code requires that private streets are to be used in either a mew or gated development and
so the Applicant has proposed to construct a gated entry into the development. The proposed
gate looks to meet the setback standard of 50-feet back from the ultimate edge of right-of-
way per UDC 11-3F-4. ; , a turnaround should be depieted on the plat prior-to
proposed gate to allow spnee for-vehieles to turn around without ha-Ang to baek out on to
Loeust Grove Road.
The access point into the development does not meet ACHD district policy but they are modifying
their policy to accommodate access into the development because it aligns with the access across
Locust Grove Road. The Applicant is proposing to construct private streets that are 24'wide
with S'attached sidewalk along the perimeter lots within the development. The applicant is also
providing a pedestrian connection to the 10 foot multi-use pathway along Locust Grove and
connects with a bus stop location. Staff supports the proposed sidewalk layout to ensure adequate
pedestrian access in the development except Staff believes an additional pedestrian connection to
Locust Grove is necessary from near the center of development.
At the north end of the main street within the development(labeled as Compass Lane on the plat)
the Applicant is proposing an emergency-only access to Victory Road. This access is required if
more than 30 homes are to be constructed. Staff is not aware of the kind of emergency access
proposed but Meridian Fire prefers bollard-type accesses for added efficiency in emergency
situations;Meridian Fire has approved the requested preliminary plat for fire access,
turnarounds, and road widths.
Additionally,the private street appears to encroach o prevent the Appl,..ant i..m
Applieant to r-ealign the private street outside of this area;installing the 25 foot landseape buffer- along Loeust Grove Road whieh will require the
this eould result in the loss of-a
buildable lot and a deer-ease in the proposed open spaee.
Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards
listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per
unit. Staff will confirm compliance with these standards at the time of building permit submittal
for each residence.
The proposed street sections(24 feet wide with attached sidewalk) of the private streets within
the development,shown on the submitted preliminary plat, CANNOT accommodate parking on
either side of the street. The entirety of the private streets will be required to be labeled as `No
Parking,"per the Meridian Fire recommendations. Each unit will be required to meet the off-
street parking standards and Staff encourages the developer of this site to include provisions
within their HOA bylaws that prohibit garages from being used as storage. This would help
alleviate some of the parking issues seen throughout the City and especially in areas where no
on-street parking is allowed.
The Applicant is also showing guest parking along the Compass Lane totaling 13 additional
parking spaces. Lot 6,Block 3 is proposing 6 guest spaces,Lot 2,Block 2 is proposing 7 guest
Page 8
spaces, both are within a common lot, however staff is not qualifying these areas as open
space.
Sidewalks(11-3A-17): Five-foot attached sidewalks are proposed along both sides of the main
entrance and on one side of all internal private streets. Sidewalks are not required when
constructing Private Streets. There is no existing sidewalk along Victory Road or Locust Grove;
only a portion of a 310-foot sidewalk along the southeast of S. Locust Grove Road is proposed
with this project because both arterial streets are currently under construction to be widened as
part of the roundabout project at this intersection by ACHD,as stated above.
Detached sidewalks are required along arterial roadways per UDC 11-3A-17. The Applicant has
already agreed to dedicate additional right of way to ACHD for the roundabout and future
widening of Victory and Locust Grove. ACHD is requiring the Applicant to road trust for the
sidewalk improvements as the roundabout and associated improvements will likely be constructed
prior to construction of this site. In addition, this will ensure any improvements made by the
Applicant will not have to be removed to make the planned roundabout improvements. The
submitted plat does depict the intersection improvements currently under construction. eT,
Me applicant is proposing to construct a 310 foot wide detached sidewalk along a portion of
Locust Grove Road consistent with the improvements ACHD is constructing. Staff reeommen-'s
the a"Ueanf eonstfuet a 10 foot wide sidejmlk along their entire por-don ofLest Grove Roa
Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to E. Victory and
S. Locust Grove Roads,both are designated as arterial streets. This buffer should be landscaped
per the standards listed in UDC 11-3B-7C and placed into a common lot that is at least 25 feet
wide. In most cases this common lot should also contain the detached sidewalk required along all
arterial roadways but in this case a portion of the sidewalk abutting this site will be built with the
ACHD roundabout project.The Applicant is constructing the remaining portion of the sidewalk
on the southeast property boundary adjacent to S. Locust Grove. The landscape plan depicts a
-510-foot wide sidewalk connecting to the 10-foot wide sidewalk to be constructed by ACHD.
sidejfflik eonneedon along S-. Loeiist Grove Road-, the added WdM to e siddewalk to
layout to meet the landseape bufftr requhwment 15 days prior to the City Coiined Hearhtr.
The submitted landscape plan and preliminary plat depict a landscaper buffer,the correct
number of trees appear to be shown on the submitted landscape plans (see Section VIII.C).
All required landscape buffers along
streets shall be designed and planted with a variety of trees, shrubs, lawn, or other vegetative
ground cover. Plant materials in conjunction with site design shall elicit design principles
including rhythm, repetition, balance, and focal elements.
revise-The landscape plans appears to meet the standards in UDC 11-3B-7(Landscape buffers
along streets). Seefigures beloje-
A
and methods of mitigation outlined by the City Ar-bor-ist before any trees are to be r-em
as set forth in T�11-3B-10C.3.
Page 9
Common Open Space& Site Amenities(UDC 11-3G-3): A minimum of 15% (or 1.06 acres
based on 7.08 acres) qualified open space is required to be provided in this development per the
standards listed in UDC 11-3G-3.
An open space exhibit was submitted that depicts 2.22 acres of common open space for the
development with 1.06 acres of this area as qualified open space (see Section VIII.D). The
minimum amount of qualified open space required is 1.06 acres, approximately 46,174 square
feet. There are four(4) main open space areas proposed within Compass Pointe, the centralized
common open space includes a sitting area and pickleball court; a pocket park near the entrance
will have a gazebo with a picnic area,plaza, and sitting area; dog park with sitting area and
wrought iron fencing; and linear open space along the northern boundary next to the Ten Mile
Creek.
The open space for this development is vastly made up of the Ten Mile Creek easement(2.12
acres) and the arterial street buffers (22,315 square feet of qualifying area).All of this area is
qualifying but the Ten Mile Creek will be left natural(no improvements) and will be a buffer and
more of a visual amenity rather than usable open space for the development.
Due to the peculiar shape of this site,Staff finds the proposed open space meets the UDC code
requirements;however,Staff recommends the Applicant submit a revised open space exhibit
due to the modifications noted above—vehicle turnaround, and realigning the road to
accommodate the 25 foot landscape buffer requirement. 15 days pfier to the City Coune
Based on the area of the proposed plat, 7.08 acres,a minimum of one(1)qualified site amenity is
required to be provided per the standards listed in UDC 11-3G-3C. The applicant has proposed
three (3)qualifying amenities in multiple locations: gazebos, a picnic area, seating around small
plazas,pickleball court with a seating area, and dog park.
The proposed amenities exceed the minimum UDC requirements and Staff finds them to be
applicable for a community of this kind due to the variety of activity levels they can
accommodate.
Waterways: The Ten Mile Creek runs along the western boundary of the site. The irrigation
easement is depicted on the plat and no encroachments are allowed within the easement area. The
landscape plan depicts a landscape buffer that looks to be at 5-feet in width adjacent to the
irrigation easement line on the landscape plan meeting the UDC standards.
should depiet the widM of the landseape buffer on the land-seapeplan.
Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with
UDC 11-3A-21. The existing home proposed to remain on Lot 1,Block 2 is required to connect
to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4
and 9-4-8.
Street lighting is required to be installed in accord with the City's adopted standards,
specifications and ordinances.
Fencing(UDC 11-3A-6. I1-3A-7): All fencing is required to comply with the standards listed in
UDC 11-3A-7. According to the submitted landscape plans, the Applicant is proposing three
(3)types of fencing throughout the site, 6-foot vinyl solid fencing, 6-foot wrought iron fencing,
and 4-foot wrought iron fencing.
Fencing is shown on the landscape plan along the subdivision boundary, adjacent to the Ten Mile
Creek, around the central open space lot along the northern portion of the site, and around the
dog park. Fencing shown next to any open space shall be open-vision or semi private fencing per
UDC requirements. The landscape plan appears to be in compliance with this requirement.
Page 10
Pressurized Irrigation System (UDC 11-3A-15): 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.
Building Elevations: One(4)Two 2 conceptual building elevations wa-s--were submitted that
demonstrate what fixture homes in this development will look like (see Section VIILF);a two-
story homes that includes a variation of materials with a two-car garage are proposed. The
submitted elevations depict a number of different architectural and design styles with field
materials of lap siding,shake, differing color accents, roof profiles, and distinct window styles.
Staff recommends that the Applicant add additional stone or brick accents to the front of the
homes to provide more of a variation in materials.
story and shqk story hem . Staff is recommending a condition of approval that the
Applicant vary the build-to-lines along the northern boundary within the development to
eliminate any monotonous wall plane;this should occur with every third structure showing a
different wall plane.
The Applicant shag be requ to submitted revised/additional elevations and an as shown on
Exhibit E that demonstrates ing varying build-to-lines and elevations along the northern
boundary. that oeenr with every third soweture within 15 dap prior to the Gty Cou
V11. DECISION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement,and preliminary plat per the provisions in Section X in accord with the Findings in
Section XI. The Director approved the alternative compliance and private street applications for
this development.
B. Commission:
Summary following Commission meeting.
C. City Council:
To be heard at future date.
Page 11
VIIL EXHIBITS
A. Annexation Legal Description and Exhibit Map
a
DAVID EVANS
AND ASSOC I ATES INC
DESCRIPTION FOR
COMPASS POINTE SUBDIVSION
REZONE&ANNEXATION
The following describes a parcel of real property lying within the Northeast Quarter of the Northeast
Quarter(NE1/4 NE1/4),Section 30,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,
Ada County,Idaho being more particularly described as follows:
BEGINNING at the northeast corner of said NE1/4 NE1/4;Thence,along the east boundary line of said
NE1/4 NE1/4,South 00'14'11"West,1070.48 feet;
Thence,departing said east boundary line,North 30"12'47"West,1235.02 feet to the nortFi boundary
line of said NE1/4 NE1/4;
Thence,along said north boundary line,North 89'42'20"East,625.91 feet to the POINT OF BEGINNING,
containing 7.69 acres more or less.
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Page 12
625.91
n89°4T20"e
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Title: Date:05-19-2020
Scale: 1 inch=200 feet File:COMPASS POINTE SUB REZONE ANNEXATION.des
'tract 1: 7.690 Acres: 334998 Sq Feet:Closure—s72,0359w 0.00 Feet Precision>11999999: Perimeter—2931 Feet
001=00.1411w 1070.48 003=n89.4220e 625.91
002=00.1247w 1235.02
Page 13
EXHIBIT MAP OF
COMPASS POINTE SUBDIVISION
RE—ZONE & ANNEXATION
A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 30,
T. 3 N., R 1 E., S.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2020
E VICTORY RD
N $9'42'20" E 625.91'7h
PLS 8444 NE COR, SEC. 30
FOUND 1/2 REBAR FOUND BRASS CAP
28.95' WC
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DAVID EVANS o _
Q ANoASSOCIATES INC. a 1 4 6 0
,u O 9179 W Black Eagle Dr 4p D
Boise Idaho 7 °
Phone: 208-585-5858 s'tc9 F F►oP�e�
qNP SU1L�`1P
Page 14
B. Preliminary Plat(dated: 2/''%3 5/19/2023) (NOT APPROVED) gg i r
p a .121 F a
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Page 15
C. Landscape Plan(dated: 3/^'�23 5/22/23) (NOT APPROVED)
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DEVELOPnENT DATA+
SITE LEGEND'___
PL6., !R CLLT DED pGE
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"""`� y.-u •-,•®•-,•'• ,,,� it ..w,. ,�•�-�. COMPASS POINTE SUBDIVISION
rua a.•mwexe.e- I a�I w.uu.eena.imm _ Tewruur
6ryneaN FpJCEFUN.IrwIarAlclr� "'"'®" auRln��nNrrN���•m.� �..r.. •T^E...-�M•--
Page 16
D. Open Space Exhibit(dated: 2/25/2023) (NOT APPROVED)
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Page 17
E. Conceptual Building Elevations
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Page 18
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions The DA shall, at minimum,
incorporate the following provisions IF City Council determines annexation is in the best
interest of the City:
a. Future development of this site shall be generally consistent with the approved
Preliminary Plat,Landscape Plan,common open space/site amenity exhibit and
conceptual building elevations for the development included in Section VIII
and the provisions contained herein.
b. The entire frontage improvements along E. Victory Road and S. Locust Grove
Road shall be completed with the first phase of development, except for a
portion of the required sidewalks,per the conditions of approval by ACHD.
c. A final plat application shall not be submitted until the intersection
improvements are substantially complete.
2. , The preliminary plat included in
Section VIII.B,dated 3/7/2023, shall be revised as follows:
a.
Revise the p14 to depiet a vehiele tumar-ound prior-to the proposed entfy g4e to allow
b. Revise the pla4 to show vafying Wild te lines aleng the aet4hem betmdafy within the
develepm&4 to eliminate any monotonous wall plane;this sha4l eeeur-with evei=y third—
c.
Revise the plat to show the additien ef a Sid-walk eenneetien te E.Vietery Read from
Compass L
d. Revise the..W t -epl ee the proposed c feet wide sidewalk with 10 feet wide
sidewa4k along S. Leetist Grove Read eenneeting te the 10 feet wide sidewalk to be
rs,,-aetoa by n G14D
e. Revise the pW to show six(6) eemmen lots instead of-7-.
3. i , The landscape plan included in
Section VIII.C,dated 3/1/2023 shall be revised as follows:
a.
Depiet a tumar-ound prior-to the proposed entfy ga4e to allow spaee for-vehieles to baek
b. Depiet the width ef the 25 feet wide!a-adseape buffer-s along S. Leetist Grove Read a-H
E. Vieiafy Read as well as the buffer-width adj.eent t the Tor ratio Gfeek
c.
Page 19
d. Revise the!a-adseape-plan to r-eplaee the proposed 5 feet wide sidewalk with a 10 feet
wide sidewalk aleng S. -beetist Gfeve Read eenneeting to the 10 feet wide sidewalk to be
e. .
f.
removed in aeeer-d with the sta-adaMs listed in UDG 11 3B I 0C_F'. The Appheant shall
eeer-difiate with the City Ar-ber-:st(Kyle Yet t. _1, rit 4�, ..ri4iif -i6, - tVTdetReF2 if2e
m t;...,tio r fits . t r nl of existing tees 40.v.the site
g•
of the f:ead t aeeemmeda4e the 25 feet!a-n ls,ape buffer-r rt
4. The Applicant shall vary the build-to-lines along the northern boundary within the
development to eliminate any monotonous wall plane;this should occur with eve1y thir
structure showing a different wall plane as shown on Exhibit E.
5. The proposed plat and subsequent development are required to comply with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district.
6. The Director has approved the Alternative Compliance Requests to the private street
requirements in UDC 11-3F-4A.2.
7. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family dwellings based on the number of bedrooms per unit.
8. The Applicant shall comply with all ACHD conditions of approval.
9. Prior to the City Engineer's signature on the final plat,all existing structures shall be
removed.
9. ,
Lane"the proposed"Compass
.,tt active stroots.ape(this shalleeeur-with every third slFuet„fe)
10. Submit revised eleva4ieas tha4 ineltide a mi*of stone a-adler-br-iek a-ad provide additieaa4
11. The Ten Mile Creek that resides along the western boundary of the subject site shall be
protected during construction.
12. The Applicant shall comply with and maintain all applicable standards for the proposed
Private Streets as outlined in UDC 11-3F.
13. "No Parking"signs shall be erected on both sides of the private streets throughout the
development; coordinate with Joe Bongiorno of the Fire Department if you have any questions
regarding this condition.
14. All fencing is required to comply with the standards listed in UDC 11-3A-7.
15. The applicant and/or assigns shall have the continuing obligation to provide irrigation that
meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as
set forth in UDC 11-313-5,UDC 11-3B-13 and UDC 11-3B-14.
16. The preliminary plat approval shall become null and void if the applicant fails to either:
1) obtain the City Engineer's signature on a final plat within two years of the date of the
approved findings; or 20 obtain approval of a time extension as set forth in UDC 11-6B-7.
Page 20
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Connect the Compass Lane water main north to the water main in Victory Road.
1.2 At the end of Navigation Road,provide a meter pit for a 1"service and a 4"sleeve to the
northeast at the proposed edge of the future roundabout. This will be used for a future water
service to the roundabout for landscaping.
1.3 Horizontal separation between water and sewer mains must be a minimum of 10 feet.
1.4 Water main must be a minimum of 4 feet from all curb/gutter.
1.5 Call out the removal of all water blow-offs.
1.6 Water and Sewer mains in parallel require a 30 feet easement. Water and sewer need 10 feet
separation and should be evenly spaced from the edge of the easement.Water mains by
themselves need a 20 feet easement with the water main centered in the easement.
1.7 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls,
fences, infiltration trenches, light poles,etc.)are built within the utility easements.
1.8 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A streetlight future
installation agreement will be required for the streetlights on Locust Grove and Victory.
Locust Grove and Victory are scheduled to be improved by ACHD and streetlights will be
installed during the improvements. Contact the Transportation and Utility Coordinator for
additional information.
1.9 The geotechnical investigative report prepared by SITE Consulting, LLC dated April 6,2020,
indicates some specific construction considerations and recommendations. The applicant
shall be responsible for the strict adherence of these considerations and recommendations
to help ensure that homes are constructed upon suitable bearing soils, and that groundwater
does not become a problem with home construction.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via
the plat,but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. 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
Page 21
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(MCC 12-13-8.3). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available, a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized,the developer will be responsible for the payment of
assessments for the common areas prior to prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code
42-1207 and any other applicable law or regulation.
2.7 Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at(208)898-5500 for inspections of disconnection of services. Wells may be
used for non-domestic purposes such as landscape irrigation if approved by Idaho
Department of Water Resources Contact Robert B.Whitney at(208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for
this subdivision shall be recorded,prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities, etc.,prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
Page 22
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 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.
2.20 At the completion of the project,the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any structures
within the project.
2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
C. FIRE DEPARTMENT(MFD)
https:llweblink.meridiancily.org/WeUink/Doc View.aspx?id=293278&dbid=0&redo=MeridianC
iv
Page 23
D. POLICE DEPARTMENT(MPD)
No comments received.
E. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE
No comments received.
F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridianciU.or,g/WebLink/Doc View.aspx?id=293549&dbid=0&r0o=MeridianC
ky
G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH)
No comments received.
H. ADA COUNTY DEVELOPMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=294149&dbid=0&r0o=MeridianC
ity
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancily.org/WebLink/DocView.aspx?id=297975&dbid=0&r0o=MeridianC
i &cr=1
J. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=294154&dbid=0&r0o=MeridianC
i &cr=1
K. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancily.orglWebLinkIDocView.aVx?id=294810&dbid=0&repo=MeridianC
ky
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
Required Findings: 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 an
annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Staff finds the proposed zoning map amendment to R-8 and proposed residential uses are
consistent with the Comprehensive Plan, if all provisions of the Development Agreement and
conditions of approval are complied with.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Staff finds the proposed zoning map amendment will allow for the development of single-
family detached homes which will contribute to the range of housing opportunities available
within the City and especially in the area immediate to this site, consistent with the
Comprehensive Plan, and the purpose statement of the residential district.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Page 24
Staff finds the proposed zoning map amendment should not be detrimental to the public
health, safety and welfare.
4. The map 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; and
Staff finds the proposed zoning map amendment will not result in an adverse impact on the
delivery of services by any political subdivision providing public services within the City.
5. The annexation(as applicable)is in the best interest of city.
Staff finds the proposed annexation is in the best interest of the City per the Analysis in
Section VI.
B. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Staff finds that the proposed plat, with Staff's recommendations, is in substantial compliance
with the adopted Comprehensive Plan in regard to land use, density, transportation, and
pedestrian connectivity. (Please see Comprehensive Plan analysis and other analysis in
Section V and Section VI of this report for more information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Staff finds that public services will be provided to the subject property with development. (See
Section IX of the Staff Report for more details from public service providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, Staff finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed development;
Staff finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers (i.e., Fire, DEQ, Ada
County Development, etc). (See Section IXfor more information)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
Staff is not aware of any health, safety, or environmental problems associated with the platting
of this property. ACHD considers road safety issues in their analysis and approves of the
project with specific conditions of approval relating to the scheduled road improvements
adjacent to the subject site.
6. The development preserves significant natural,scenic or historic features.
The Applicant is preserving the Ten Mile Creek that resides on the subject property; therefore,
Staff finds the Applicant meets this finding.
Page 25
C. Private Street Findings:
In order to approve the application,the Director shall find the following:
1. The design of the private street meets the requirements of this Article;
The design of the proposed private streets complies with the standards listed in UDC 11-3F-
4; except for the required turnaround prior to the entry gate. See analysis in Section VI for
more information.
2. Granting approval of the private street would not cause damage hazard, or nuisance, or
other detriment to persons,property,or uses in the vicinity; and
Staff does not anticipate the proposed private streets would cause any hazard, nuisance or
other detriment to persons,property or uses in the vicinity if they are designed as proposed
and constructed in accord with the standards listed in UDC 11-3F-4B.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
The location of the private streets does not conflict with the Comprehensive Plan and/or the
regional transportation plan despite needing Alternative Compliance for its connection
directly to an arterial street. With the constraints detailed and analyzed for this development,
Staff finds that local street access has been provided via a private street.
4. The proposed residential development(if applicable)is a mew or gated development.
The Applicant is proposing to construct the residential development as a gated community
and so, Staff finds this development in compliance with this finding.
D. Alternative Compliance:
In order to grant approval for alternative compliance to allow Private Streets directly off an
arterial,the director shall determine the following findings:
1. Strict adherence or application of the requirements is not feasible; OR
Access to this development is provided by a private street and the UDC restricts access to
both Victory Road and Locust Grove Road, arterial streets. There are no available local
street connections to the subject property due to it being a triangle shape bordered on two
sides by arterial streets and the other by the Ten Mile Creek. Because the property is not
served by public local street streets and any public street would not be able to be extended to
any adjacent property, the Director finds strict adherence to the UDC is not feasible and
approves the request for the private streets to directly connect to S. Locust Grove Road, an
arterial street.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the development proposed by the applicant as a whole provides an equal
or superior means for meeting the requirements in that it contributes to the unique character
of the area and provides diversity in housing types available within the City.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative means will not be detrimental to the public
welfare or impair the intended use%haracter of the surrounding properties and will
contribute to the character and variety of housing types in this area of the City.
Page 26
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Public Hearing for Cole Valley Christian School Pre-K-12 (H-2023-0011) by
LKV Architects, located at 7080 W. McMillan Rd.
Application Materials: https:Hbit.ly/H-2023-0011
A. Request: Annexation of 71.28 acres of land with an R-15 zoning district.B. Request:
Conditional Use Permit for a 259,000 square foot private education institution for pre-
kindergarten through 12th grade on 48.48 acres of land in the R-15 zoning district.
PUBLIC HEARING SIGN IN SHEET
DATE: June 1, 2023 ITEM # ON AGENDA: 4
PROJECT NAME: Cole Valley Christian School Pre-K-12 (H-2023-0011)
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 l
2
3
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7
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9
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E IDIAN --
STAFF REPORT .►a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/18/2023 Legend
DATE: 15
Project Lorca i�ar
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner
208-884-5533 ;
SUBJECT: Cole Valley Christian School—AZ, '
CUP
H-2023-0011
LOCATION: 7080 W.McMillan Rd.,in the NE 1/4 of
Section 29,Township 4N.,Range 1 W. LL
(Parcel#S0429427800)
I. PROJECT DESCRIPTION
Annexation and Zoning(AZ) of 71.28 acres of land with an R-15 (Medium High-Density Residential)
zoning district; and Conditional Use Permit(CUP)for a private education institution for pre-
kindergarten through 12th grade on 48.48 acres of land in the R-15 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 71.28-acres
Future Land Use Designation Medium Density Residential(MDR)with a school designation
Existing Land Use Agricultural
Proposed Land Use(s) Private education institution for pre-K through 12'grades
Current Zoning RUT in Ada County
Proposed Zoning R-15 (Medium High-Density Residential)
Phasing Plan 1 2 phases
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 2/16/23
History(previous approvals) ROS#2713 (1993).A property boundary adjustment has been tentatively
approved by Ada County but has not yet received final approval.
Page 1
B. Project Area Maps
Future Land Use Map Aerial Map
Legend htixeU�e Legend _
ff F7.
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IdS
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�I Map Planned Development Map
Legend I let
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Project La .f r' IetProjeat Laeafar
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+_i City Lima#
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Note: The configuration of the property shown above does not reflect the property boundary adjustment
in process with Ada County; the resulting boundary is consistent with the annexation exhibit map shown
in Section VIII.A below.
III. APPLICANT INFORMATION
A. Applicant:
Amber Van Ocker, LKV Architects 2400 E. Riverwalk,Boise, ID 83706
Page 2
B. Owner:
Cole Valley Christian Schools—200 E. Carlton Ave.,Meridian,ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Notice Dates Notice Dates
Newspaper Notification 5/3/2023
Radius notification mailed to 4/28/2023
properties within 300 feet
Site Posting Date 5/18/2023
Next Door posting 4/28/2023
V. COMPREHENSIVE PLAN ANALYSIS
Land Use: This property is designated as Medium Density Residential(MDR)on the Future Land
Use Map(FLUM) contained in the (Comprehensive Plan). This designation allows for dwelling units
at gross densities of 3 to 8 dwelling units per acre. There is also a school designation on this property,
which indicates a school should be developed in this general area.
The proposed use of the property as a private education institution is consistent with the school
designation depicted on the FLUM. Although dwelling units are typically desired in the MDR
designation,the UDC(Table 11-2A-2)does allow school uses with approval of a conditional use
permit.
Transportation: The Master Street Map(MSM) depicts a north/south residential collector street
along the west boundary of this site. The Applicant has negotiated a land swap with the property
owner at the southwest corner of this site to obtain the property necessary to complete the extension
of Owyhee Storm Ave. to the school property.
A local street(Ersatz Place Road)is proposed along the east boundary of the site that extends off-site
from McMillan Rd.to the north that will provide access to the properties fronting on future SH-16. A
Traffic Impact Study(TIS)was submitted to ITD and ACHD for review of this project.
Design: This property is located within a four-square mile area governed by the Fields Sub-Area Plan
located at the northwest corner of the Area of City Impact boundary. This area is bounded by Ustick
Rd. on the south, Can-Ada Rd. on the west, Chinden Blvd./US Highway 20/26 on the north, and
McDermott Rd./SH-16 on the east.
The Fields area is primarily designated for future residential development,with a mixed-use
community center at the southeast corner of Star and McMillan Roads, and multiple school and park
sites. Interchange and regional mixed-use designations are incorporated along both Ustick Road and
Chinden Boulevard, generally from the SH-16 extension to Star Road. The southwest corner of the
Subarea has been reserved for expanded industrial and non-residential mixed-use area within the
southwest quadrant, and is aligned with the existing Intermountain Gas Facility,currently located on
Can-Ada Road.
Page 3
In accord with the Fields Sub-Area Plan,the general character, design and identity of this area should
have a cohesive theme that is"modern rural,"which applies to housing, amenities, streetscape/open
space, and retail/commercial. Because the proposed school does not front on W.McMillan Rd. and is
not oriented toward N. Owyhee Storm Ave. and because it's not residential or retail/commercial, Staff
does not recommend the building is required to have a modern rural design theme. However,some of
the other thematic design elements that contribute to the desired character of the area should
be adhered to such as lighting,fencing(e.g. split rail),landscaping(e.g.tall fescues, dry creek
materials,wildflowers,street trees,etc.),public art,on-street bike lanes and/or off-street multi-
use pathways, signage(e.g. metal roof on sign),etc.—see the Character Framework—Amenities
(pg.3-12) and Streetscape(pg.3-13)in the Plan for more information.A high-quality of design
is expected in this area.
In response to the modern rural design theme,the Applicant proposes to develop some of the areas
adjacent to building entrances with dry stream beds with a mix of rock types,boulders and plantings.
In the portions of the site that will not be developed with Phase 1, a"meadow seed"mix is proposed
to be planted for wild flowers and grass to grow. Detached sidewalks, landscaping and street lights
are proposed along all public streets,which will provide pedestrian connectivity to the school from
adjacent existing and future neighborhoods in the area.A 10-foot wide sidewalk/pathway is proposed
along Owyhee Storm Ave.,which should provide a safe off-street route for school children to
bicycle/walk to school; and a 5-foot wide sidewalk is proposed along McMillan Rd. and Ersatz Place
Rd.
Building materials will consist of a combination of masonry,deep ribbed metal and smooth metal
with large expansions of glazing. The ball fields will be fenced from general use by the public;
however,those areas help preserve the open space and views from adjacent developments and
properties. Fencing and signage designs have not been fully developed yet but the Applicant
anticipates incorporating the"modern rural" design theme in those elements at the perimeter
of the development.Details of such should be submitted prior to the City Council hearing.
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):
• "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 service is available and can be extended by the developer with development in
accord with UDC 11-3A-21. City sewer service will not be available until the Can-Ada lift
station project is complete at the end offiscal year 2025.
• "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 of this site.
• "Ensure development provides safe routes and access to schools,parks, and other community
gathering places."(2.02.01 G)
Detached sidewalks are proposed adjacent to all public streets, which should assist in
providing safe access to the proposed school. The walkway along Owyhee Storm Ave. is
proposed to be a 10 feet wide multi-use pathway, which will provide an off-street route for
bicyclists.
Page 4
• "Ensure the location and design of schools are compatible with existing and planned
neighborhoods and land uses."(2.03.01D)
The proposed school should be compatible with adjacent existing and future residential uses
in the vicinity.
VI. STAFF ANALYSIS
A. Annexation&Zoning(AZ):
The Applicant proposes to annex 71.28 acres of land with an R-15 (Medium-High Density
Residential)zoning district for the development of a private education institution for pre-
kindergarten through 12t1i grade on approximately 48.48 acres of the site. The remaining 23.4-
acres of the site is to be used for agricultural purposes until further development occurs in the
future. As discussed above in Section V,the proposed use is desired and consistent with the
Comprehensive Plan for this area.
There are no existing structures on this site; the property is currently being used for agricultural
purposes. The site is within the Area of City Impact(AOCI)boundary at the periphery of the
current City limits and is contiguous to City annexed land to the south.
Because the R-8 zoning district is the most appropriate district for the MDR FLUM
designation, Staff recommends an R-8 instead of R-15 zone for the subject property.
A private education institution is listed as an allowed use in the recommended R-8 (and requested
R-15)zoning district with approval of a conditional use permit,per UDC Table 11-2A-2, subject
to the specific use standards listed in UDC 11-4-3-14.
A property boundary adjustment application has been tentatively approved by Ada County
Development Services for the reconfiguration of this property as shown in the annexation legal
description and exhibit map in Section VIII.A below. Final approval is required to be obtained
prior to City Council approval of the annexation ordinance.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. To ensure this property develops as proposed and required,
Staff recommends a DA with the provisions discussed herein and included in Section IX.A.
If the 23.4-acre portion of the site not proposed to develop at this time is proposed to
develop with any use(s) other than an education institution and associated accessory uses in
the future, Staff recommends an amendment to the Development Agreement is required to
include an updated development plan.
B. Conditional Use Permit(CUP):
A Conditional Use Permit(CUP) is proposed,as required by UDC Table 11-2A-2, for a private
education institution in an R-8/R-15 zoning district. The education institution requires CUP
approval because it exceeds 250,000 square feet(s.f.)within a residential district; includes lighted
fields adjoining/within a residential district; will generate in excess of 1,500 vehicular trips per
day; and takes access from a collector street(i.e. Owyhee Storm Ave.) and there is not a safe,
separate pedestrian and bikeway access between the neighborhood and the school site, per UDC
11-4-3-14E.
Cole Valley currently has two existing campuses that will be relocated and consolidated into one
259,919 square foot building on the subject property. The proposed school will be for pre-
kindergarten through 12th grade and the development area will include parking, access drives,
open space for student play area and outside athletic venues on 48.48 acres of land. The new
Page 5
facility will service approximately 1,825 students with the potential to add 12 additional
classrooms with future building additions on the south, east and west wings,totaling 15,300
square feet,to serve an additional 300 students.
Development will likely occur in two phases but may occur in one. If phased, Phase 1 will consist
of all of the outside athletic venues except the tennis courts, a portion of the southeast parking lot,
public restroom outbuilding, construction of Ersatz Rd. and the extension of Owyhee Storm Ave.
(the length and width to be determined by the City and ACHD), and the adjustment and piping of
the Creason Lateral. Phase 2 will consist of building construction,remaining site development of
parking lots, access points,play structures, full road sections to the north property line and public
utility connections. Although shown as part of the 2'phase,the storage,maintenance and CTE
building likely won't be constructed for a few years per the Applicant.
Dimensional Standards: The proposed development is required to comply with the dimensional
standards listed in UDC Table 11-2A-7 for the proposed R-15 zoning district(or UDC Table 11-
2A-6 for the R-8 district recommended by Staff). Education facilities are allowed a maximum
building height of 50 feet as set forth in UDC 11-2A-3E.3.
Specific Use Standards: The proposed use is required to comply with the specific use standards
listed in UDC 11-4-3-14F,Education Institution, as follows: Staffs analysis is in italics.
A. Accessory uses.Accessory uses including,but not limited to, daycare facilities,
community events, community services, social services, curricular and extracurricular
activities,meeting facilities for clubs and organizations, and school administration may
be allowed.
1. Community events shall include,but are not limited to, events organized by an
association of persons for a social, literary,political, educational or recreational
purpose. Community events shall not include retail or other services that are
customarily carried on as a business.
2. Curricular or extracurricular activities at an education institution shall include any
sporting,musical, dramatic, artistic, fundraising or educational activities associated
with any group,association, or classroom of said education facilities. Curricular or
extracurricular activities shall not include retail or other services of businesses not
directly associated with the education facility.
3. When conducted within an existing structure and site modifications are not proposed
and/or required allowed accessory uses do not require a certificate of zoning
compliance.
4. Uses not deemed as an accessory use by the Director shall require approval as a
principal permitted or conditional use consistent with this title or as a temporary use
consistent with title 3, chapter 4 of this Code.
B. Location criteria for elementary schools. Elementary schools should be located within the
center of neighborhoods with access encouraged from local streets. Elementary school
locations adjacent to public parks or open space are encouraged. At least thirty(30)
percent of the perimeter of an elementary school site should be open to streets or open
space areas. The site is not located within the center of a neighborhood but may be in the
future as much of the property surrounding this area has yet to annex but has a
residential FL UM designation; a local street(Ersatz Rd.) is proposed along the east
boundary of the site. Over 30%of the proposed school site is open to streets.
C. Location criteria for middle schools and high schools. Middle and high schools may take
access off a designated arterial or collector street. The proposed school takes access off a
Page 6
collector street(Owyhee Storm Ave).
D. Exemption.An education institution with less than one hundred fifty(150) students or
located within the TN-R district may be exempt from the requirements for open space,
landscaping,parking and drop off areas.Not Applicable
E. Conditional use requirement. A conditional use permit shall be required for any education
institution in which any of the following circumstances exist:
1. The education institution is in excess of two hundred fifty thousand(250,000) square
feet within a residential district; The proposed school is 259,919 square feet.
2. The education institution includes lighted fields adjoining or within a residential
district; The football field is proposed to be lighted within a residential district.
3. The education institution will generate in excess of one thousand five hundred
(1,500)vehicular trips per day; The proposed school will exceed 1,500 vehicle trips
per day at 4,132 trips per day.
4. The education institution takes access from a collector or an arterial street and there
is not a safe, separate pedestrian and bikeway access between the neighborhood and
the school site. The proposed school takes access from a collector street(Owyhee
Storm Ave); a 10 foot wide detached multi-use pathway is proposed on the school
site adjacent to the street for safe pedestrian/bicycle access to the site. There are no
abutting neighborhoods to the west, north or east at this time as the adjacent land is
yet to redevelop; an arterial street separates this site from the development to the
south (i.e. Gander Creek subdivision).
F. Portable classrooms (temporary and permanent). The site plan for all education
institutions shall include the location of any future portable classrooms(temporary and/or
permanent).No portable classrooms are proposed.
1. Temporary portables. A temporary portable classroom shall be an accessory use valid
for a maximum period of four(4)years from the date of issuance of a certificate of
occupancy.
a. Temporary portable classrooms that meet the standards as set forth in subsection
(F)(4)of this section shall require a certificate of zoning compliance approval but
shall not be subject to design review.
b. Temporary portable classrooms that do not meet the standards as set forth in
subsection(F)(4)of this section shall require a conditional use permit but shall
not be subject to design review.
2. Permanent portables. Prior to the termination of the four-year permit,the applicant
may request to convert a temporary portable classroom to a permanent portable
classroom.
a. Permanent portable classrooms that meet the standards as set forth in subsection
(F)(4)of this section shall require a certificate of zoning compliance and design
review approval.
b. Permanent portable classrooms that do not meet the standards as set forth in
subsection(F)(4)of this section shall require a conditional use permit and design
review approval.
Page 7
3. Permit termination. Upon termination of the four-year permit,the temporary portable
classroom approval shall be null and void and the applicant shall remove the structure
immediately.
4. Standards.
a. The portable classroom shall not be located in the front yard of the principal
school structure.
b. The portable classroom shall not be located in any required yard.
c. The placement of the portable classroom shall not reduce the number of required
off street parking spaces.
d. The portable structures shall comply with the building code in accord with title
10 of this Code.
e. Exterior colors of the portable classrooms shall be compatible with the color of
the primary school building.
f. The roofing material on the portable classrooms shall be of a finish that emits a
minimal amount of glare.
g. Where the portable classroom is located within two hundred(200) feet of a street
and is visible from such a street,the portable classroom shall be screened from
view of the street with a minimum of one(1)evergreen tree per fifteen(15)feet
of linear structure. The tree shall be a minimum of six(6) feet in height.
G. Additional standards for education institution,private. The applicant shall provide written
documentation that the facility meets the minimum site area guidelines as established by
the Idaho State Department of Education. The Applicant shall comply with this
standard.
H. Additional standards for vocational or trade schools. The applicant shall provide written
documentation that the school will have a major curriculum relating to technological
industrial research and processes.Not applicable.
I. Parking space requirement. In all commercial and residential districts,education
institutions shall provide one (1)parking space for every four hundred(400) square feet
of gross floor area. The proposed parking complies with this standard. See below for
more detailed analysis on parking.
Road Improvements: The Applicant proposes to extend Owyhee Storm Ave., a collector street,
and Ersatz Rd., a local street, from the south boundary at McMillan Rd.to the north boundary of
the subject property with development. The extension of these streets is proposed in two(2)
phases as shown on the phasing plan in Section VIII.B. To ensure the timely extension of
Owyhee Storm Ave. and Ersatz Rd.for future development in the area,Staff recommends
these streets(and associated detached sidewalks/multi-use pathways) are constructed to the
northern boundary of the subject property with the first phase of development. The
Applicant should address at the Commission hearing how the off-site construction of Ersatz
Rd.is planned to occur.
Access: Two (2)driveway accesses are proposed via Owyhee Storm Ave.,a future collector
street, along the west boundary of the site and two(2)driveway accesses are proposed via Ersatz
Place Rd., a future local street, along the east boundary of the site;no access is proposed via W.
McMillan Rd.
Page 8
The southern driveway via Ersatz will provide access to the eastern parking lot and drop-off areas
that are primarily dedicated to the high school and middle school portion of the building and
campus. The northern driveway will provide access to the smaller secondary parking lot that will
include a bus drop-off area, a future career technical building and the emergency vehicle access
lane that extends west to Owyhee Storm Ave.
The southern driveway via Owyhee Storm will provide access to the western parking lot and
drop-off areas that are primarily dedicated to the pre-school and elementary portions of the
building and campus.
Parking: Off-street parking is required to be provided as set forth in UDC 11-4-3-14.1(i.e. one
space per 400 square feet of gross floor area). Based on 273,344 square feet(s.£)of gross floor
area(259,919 s.£ school building+ 13,425 s.f. storage,maintenance&CTE building), a
minimum of 683 parking spaces are required that comply with the standards listed in UDC Table
11-3C-5. If future classroom additions occur as anticipated, an additional 38 parking spaces will
be required based on 15,300 square feet of gross floor area. The site plan depicts a total of 843
parking spaces at full build-out,which exceeds the minimum standards. The Applicant proposes
to only construct the minimum amount of parking(i.e. 650 spaces)required with the initial
building construction.
Bicycle parking is required to be provided as set forth in UDC 11-3C-6G. Based on 843 vehicle
spaces, a minimum of 34 bicycle parking spaces are required that meet the location and design
standards listed in UDC 11-3C-5C; a total of 48 spaces are proposed, exceeding the minimum
standards.
Sidewalks/Pathways: A 10-foot wide detached sidewalk/multi-use pathway is proposed within
the street buffer along Owyhee Storm Ave. in accord with the Pathways Master Plan; and 5-foot
wide detached sidewalks are proposed along W. McMillan Rd. and Ersatz Rd.Note:A multi-use
pathway is also required along the east side of Ersatz Rd., which will be required with
construction of the eastern portion of the street section.
Five-foot wide detached sidewalks are typically required within street buffers along arterial
streets.However,because ACHD is changing policy to require detached 10-foot wide
multiple-use pathways(MUP) along arterial streets (i.e.McMillan Rd.)in lieu of on-street
bike lanes, and because school children will be using this sidewalk to bike and walk to
school, Staff recommends a 10-foot wide sidewalk/MUP is required along McMillan as a
provision of the development agreement.
The multi-use pathway is required to be placed in a 14-foot wide public use easement if it's
outside of the right-of-way. The easement should be submitted to the Planning division with
the Certificate of Zoning Compliance application for the first phase of development.
To ensure pedestrian safety, Staff recommends the sidewalk/multi-use pathways are
constructed along all streets with the first phase of development.
Landscaping: A landscape plan was submitted as shown in Section VIII.C.
A minimum 25-foot wide street buffer is required along W. McMillan Rd.,an arterial street and a
minimum 20-foot wide street buffer is required along Owyhee Storm Ave., a collector street,
landscaped in accord with the standards listed in UDC 11-3B-7C. Buffers are required to be
planted with a variety of trees,shrubs,lawn, or other vegetative groundcover. The
landscape plan should be revised in accord with the aforementioned standards. Where the
buffer is encumbered by an easement,the buffer area is required to include a minimum 5-
foot wide area for planting shrubs and trees outside of the easement; the plans should be
revised accordingly to accommodate the required plantings.
Page 9
Parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C.
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.
All utilities, except for City sewer, are available to the site or in close proximity. Sewer service to
this site will be provided from the Can-Ada Lift Station,which has not yet been
built. Construction is planned to be completed towards the end of Fiscal Year 2025. The
City plans to install a trunk sewer from the lift station (to be located near McMillan
Road/Can-Ada Road) one mile to the east near the intersection of McMillan Road/Star
Road as a part of the Can-Ada Lift Station Project. The school will need to extend sewer
down McMillan Rd. and Owyhee Storm Ave.to the school campus in accord with the Sewer
Master Plan.The City is amenable to allowing a temporary lift station for the sports field
concession and restroom buildings only,which shall be taken off-line as part of the construction
of the school.
Waterways: The West Tap Sublateral runs along the southern boundary of this site adjacent to
McMillan Rd. and the Creason Lateral bisects this site within a 30-foot wide easement. The UDC
11( 3A-0 requires all waterways that lie on the property being developed to be piped or
otherwise covered unless being improved as a water amenity of linear open space. The
easement for the Creason Lateral shall be depicted on the site and landscape plans.
Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is
required to be provided to the development as set forth in UDC 11-3A-15. On-site pressurized
irrigation is proposed utilizing existing water rights from the Creason Lateral and a secondary
irrigation well and pumping system will be installed to supplement irrigation needs during the
"shoulder season"watering times.
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.
Hours of Operation: The primary hours of operation for the campus will be from 7:00 am to
3:00 pm Monday through Friday. Extended hours of operation will be based on athletic events
and various activities throughout the school year. Compliance with the City noise ordinance
(MCC 6-3- )is required.
Building Elevations: Building elevations were submitted as shown in Section VIII.D for the
proposed 2-story school building. Building materials consist of a combination of masonry in
smooth-face and split-face in two colors, deep ribbed metal and smooth metal with large
expansions of glazing,which should be low maintenance. Raised parapets are proposed for
modulation and screening of rooftop mechanical equipment. Proposed building heights are as
follows: auditorium/gymnasium—45'8"; classroom wings—35'0".
Certificate of Zoning Compliance/Design Review:A Certificate of Zoning Compliance(CZC)
and Design Review application is required to be submitted to the Planning Division and approved
prior to submittal of building permit application(s). The application materials should be updated
as necessary to comply with the conditions contained in Section IX. Compliance with the design
standards in the Architectural Standards Manual is required. As discussed above in Section V,a
"modern rural"design theme should be integrated into the project as desired in the Fields Sub-
Area Plan.
Page 10
VII. DECISION
A. Staff:
Staff recommends approval of the proposed annexation&zoning with an R-8 instead of R-15
zoning district, and conditional use permit with the provisions included in Section IX per the
Findings in Section X.
Page I I
VIII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
LEGAL DESCRIPTION
r:=} THE E
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GROUP
March 2,2023
Project No.:121048
EXHIBIT"A"
COLE VALLEY CHRISTIAN SCHOOL
ANNEXATION DESCRIPTION
A parcel of land located in the West Half of the Southeast Quarter of Section 29,Township 4 North,
Range 1 West,Boise Meridian,Ada County,Idaho,being more particularly described as follows:
Commencing at the South One Quarter Corner of Section 29 of said Township 4 North,Range 1 West,
(from which point the Southeast Corner of said Section 29 bears South 89'22'00" East,2642.71 feet
distant),said South One Quarter Corner being the POINT OF BEGINNING;
Thence North 00'51'06"East,a distance of 2630.21 feet on the north-south mid-section line of
said Section 29 to the Center One Quarter Corner of said Section 29,
Thence South 89°22'35"East,a distance of 1325D2 feet on the east-west mid-section line of
said Section 29 to the Center-East 1/16th Corner of said Section 29;
Thence South 00'55'00"West,a distance of 2630.45 feet to a point on the southerly Section
line of said Section 29;
Thence North 89'22'00"West,a distance of 454.52 feet on said southerly Section line;
Thence North 00'55'00"East,a distance of 487.34 feet;
Thence North 89°43'44"West,a distance of 774.21 feet;
Thence South 00'16' 16"West,a distance of 21.70 feet;
Thence South 00'51'07''West,a distance of 460.74 feet to a point on the southerly Section line
of said Section 29;
Thence North 89'22'00''West,a distance of 93.49 feet on said southerly Section line to the
POINT OF BEGINNING.
The above described parcel contains 71.28 acres more or less.
PREPARED BY:
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3-2-2023
James R.Washburn OF 0
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Page 12
C 114 SEC.29
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March 2,2023
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Page 13
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Page 24
IX. CITY/AGENCY COMMENTS & CONDITIONS
Prior to the City Council hearing, additional site development details (i.e.landscaping,fencing,
signage,public art,etc.) shall be submitted to the Planning Division that demonstrate
compliance with the"modern rural"design theme in the Fields Sub-Area Plan.
Final approval of the property boundary adjustment application by Ada County Development
Services shall be obtained prior to City Council approval of the Annexation Ordinance.
Prior to City Council approval of the Development Agreement,an amended phasing plan shall
be submitted that includes the extension of Owyhee Storm Ave. and Ersatz Place Road to the
northern property boundary and detached sidewalks/multi-use pathways along McMillan Rd.,
Owyhee Storm Ave. and Ersatz Place Rd.with the first phase of development.
A. PLANNING DIVISION
1. Annexation&Zoning
1.1 A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance,a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the site plan, landscape
plan,phasing plan and conceptual building elevations included in Section VIII and the
provisions contained herein.
b. Future development of this site shall incorporate design elements consistent with the
"modern rural"design theme outlined in the Fields Sub-Area Plan as discussed in Section
V and proposed with this application.
c. Owyhee Storm Ave. and Ersatz Rd. shall be constructed the full length of the subject
property with the first phase of development at the width/street section required by the
Ada County Highway District.
d. All detached sidewalks and multi-use pathways along public streets(i.e. McMillan Rd.,
Owyhee Storm Ave. and Ersatz Rd.) shall be constructed with the first phase of
development.
e. Compliance with the City noise ordinance(MCC 6-3-6)is required.
f. If the 23.4-acre portion of the site(5-acre portion at southeast corner and 18.4-acre
portion at the north end)develops in the future with a use(s) other than an education
institution, an amendment to the Development Agreement is required to include an
updated development plan.
g. Direct access via W. McMillan Rd. is prohibited.
2. Conditional Use Permit
2.1 Compliance with the standards listed in UDC 11-4-3-14—Education Institution,is required.
2.2 Compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning
district is required with the exception of building height. Education facilities are allowed a
Page 25
maximum building height of 50 feet as set forth in UDC 11-2A-3E.3.
2.3 The site/landscape plan submitted with the Certificate of Zoning Compliance application shall
be revised as follows:
a. Depict a minimum 25-foot wide street buffer along W.McMillan Rd. and a minimum 20-
foot wide street buffer along Owyhee Storm Ave., measured from back of curb.
b. Depict landscaping within street buffers in accord with the standards listed in UDC 11-3B-
7C.3, which requires a variety of trees, shrubs, lawn, or other vegetative groundcover
among other specifications. Where the buffer is encumbered by an easement, the buffer
area shall include a minimum 5-foot wide area for planting shrubs and trees outside of the
easement as set forth in UDC 11-3B-7C.lb.
c. Depict the 30-foot wide easement for the Creason Lateral.
d. Depict a 10-foot wide detached sidewalk/multi-use pathway within the required street
buffers along Owyhee Storm Ave. and W. McMillan Rd.
2.4 All waterways on the subject property shall be piped or otherwise covered unless improved as
a water amenity of linear open space as set forth in UDC 11-3A-6.
2.5 A 14-foot wide public use easement shall be submitted to the Planning Division with the first
Certificate of Zoning Compliance application for the 10-foot wide multi-use pathway along
Owyhee Storm Ave. if the pathway is outside of the right-of-way.
2.6 The applicant shall provide written documentation that the facility meets the minimum site area
guidelines as established by the Idaho State Department of Education per UDC 11-4-3-14G
with the Certificate of Zoning Compliance application.
2.7 A Certificate of Zoning Compliance application shall be submitted for the proposed use that
complies with all UDC conditions and the provisions contained herein.
2.8 A Design Review application shall be submitted for the proposed structures that complies with
the design standards listed in the Architectural Standards Manual. Design elements should be
incorporated in the site consistent with the "modern rural"design theme outlined in the Fields
Sub-Area Plan as discussed in Section V.8.
2.9 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 11-513-617.
B. PUBLIC WORKS DEPARTMENT
General Conditions of Approval
1. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
Page 26
2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
3. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form
available from Public Works), a legal description prepared by an Idaho Licensed Professional
Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an
81/2"x I V 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.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point connection is
utilized,the developer will be responsible for the payment of assessments for the common
areas prior to prior to receiving development plan approval.
5. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
8. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
9. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
10. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
11. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
12. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
14. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
Page 27
15. The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
17. At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
18. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A
copy of the standards can be found at
http://www.meridiancity.or"l ublic_works.aspx?id=272.
19. The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
20. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. FIRE DEPARTMENT
https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=292608&dbid=0&repo=MeridianC
ity
D. PARK'S DEPARTMENT
https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=292614&dbid=0&repo=MeridianC
Lty
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridianciU.oLvlWebLinkIDocView.aspx?id=294319&dbid=0&repo=MeridianC
Lty
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https://weblink.meridianciU.org/WebLinkIDocView.aspx?id=294389&dbid=0&repo=MeridianC
Lty
Page 28
G. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=293650&dbid=0&repo=MeridianC
Lty
H. IDAHO TRANSPORTATION DEPARTMENT(ITD)
TIS Acceptance:
https:llweblink.meridianciU.oLglWebLinkIDocView.aspx?id=292597&dbid=0&repo=MeridianC
ky
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
TIS Acceptance:
https:llweblink.meridianciiy.orglWebLinkIDocView.aspx?id=292599&dbid=0&repo=MeridianC
hty
X. FINDINGS
A. Annexation (UDC 11-5B-3E)
Required Findings: 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 an
annexation and/or rezone,the council shall make the following findings:
l. The map amendment complies with the applicable provisions of the comprehensive plan;
Stafffinds the Applicant's request to annex the subject property with the recommended R-8
zoning district for the development of a private education institution on the site is consistent
with the MDR and school designations on the FL UM in the Comprehensive Plan.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Stafffinds the map amendment to the recommended R-8 zoning district and associated
development is consistent with the regulations outlined for the district.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Stafffinds the proposed map amendment should not be detrimental to the public health, safety
and welfare as the proposed use should be compatible with adjacent existing and future
residential uses in the vicinity.
4. The map 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; and
Stafffinds City water service is available to be extended to this development; however, City
sewer service will not be available until the Can-Ada lift station project has been completed
toward the end offiscal year 2025. The provision of a school in this area will assist in
providing for the education needs of the community in this area of the City.
5. The annexation(as applicable)is in the best interest of city.
Stafffinds the proposed annexation is in the best interest of the city.
Page 29
B. 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.
Stafffinds the site is large enough to accommodate the proposed use and meet all
dimensional and development regulations of the recommended R-8 zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Stafffinds the proposed education institution will be harmonious with the Comprehensive
Plan and is consistent with applicable UDC standards with the conditions noted in Section
VIII 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 should 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 VIII 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 once the City's Can-Ada lift station project is completed.
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.
Stafffinds 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)
Stafffinds the proposed use will not result in the destruction, loss or damage of any such
features.
Page 30
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for
additional nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of
conformity with the development standards as set forth in this title as compared to the
level of development of the surrounding properties.
This finding is not applicable.
Page 31
E IDIAN --
STAFF REPORT .►a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/18/2023 Legend
DATE: 15
Project Lorca i�ar
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner
208-884-5533 ;
SUBJECT: Cole Valley Christian School—AZ, '
CUP
H-2023-0011
LOCATION: 7080 W.McMillan Rd.,in the NE 1/4 of
Section 29,Township 4N.,Range 1 W. LL
(Parcel#S0429427800)
I. PROJECT DESCRIPTION
Annexation and Zoning(AZ) of 71.28 acres of land with an R-15 (Medium High-Density Residential)
zoning district; and Conditional Use Permit(CUP)for a private education institution for pre-
kindergarten through 12th grade on 48.48 acres of land in the R-15 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 71.28-acres
Future Land Use Designation Medium Density Residential(MDR)with a school designation
Existing Land Use Agricultural
Proposed Land Use(s) Private education institution for pre-K through 12'grades
Current Zoning RUT in Ada County
Proposed Zoning R-15 (Medium High-Density Residential)
Phasing Plan 2 phases
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 2/16/23
History(previous approvals) ROS#2713 (1993).A property boundary adjustment has been tentatively
approved by Ada County but has not yet received final approval.
Page 1
B. Project Area Maps
Future Land Use Map Aerial Map
Legend htixeU�e Legend _
ff F7.
I�Prnje�t Lacai�or. Inte.rc. I f Project Lflco-on
MeIlURl ensity'
Residential ;
Low a nsity
Re id ntial j
S
--
Abe -• ' _
Zoning
�I Map Planned Development Map
Legend I (fLegend e 3
Project La .f r' IetProjeat Laeafar
r_
+ i City Lima#
— Pian ed Parce-is
Rga R-8
RUT `
Rj �.
UT
R:" � R-
R=
L,O I4L RUB
Note: The configuration of the property shown above does not reflect the property boundary adjustment
in process with Ada County; the resulting boundary is consistent with the annexation exhibit map shown
in Section HHA below.
III. APPLICANT INFORMATION
A. Applicant:
Amber Van Ocker, LKV Architects 2400 E. Riverwalk,Boise, ID 83706
Page 2
B. Owner:
Cole Valley Christian Schools—200 E. Carlton Ave.,Meridian,ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Notice Dates Notice Dates
Newspaper Notification 5/3/2023
Radius notification mailed to 4/28/2023
properties within 300 feet
Site Posting Date 5/18/2023
Next Door posting 4/28/2023
V. COMPREHENSIVE PLAN ANALYSIS
Land Use: This property is designated as Medium Density Residential(MDR)on the Future Land
Use Map(FLUM) contained in the (Comprehensive Plan). This designation allows for dwelling units
at gross densities of 3 to 8 dwelling units per acre. There is also a school designation on this property,
which indicates a school should be developed in this general area.
The proposed use of the property as a private education institution is consistent with the school
designation depicted on the FLUM. Although dwelling units are typically desired in the MDR
designation,the UDC(Table 11-2A-2)does allow school uses with approval of a conditional use
permit.
Transportation: The Master Street Map(MSM) depicts a north/south residential collector street
along the west boundary of this site. The Applicant has negotiated a land swap with the property
owner at the southwest corner of this site to obtain the property necessary to complete the extension
of Owyhee Storm Ave. to the school property.
A local street(Ersatz Place Road)is proposed along the east boundary of the site that extends off-site
from McMillan Rd.to the north that will provide access to the properties fronting on future SH-16. A
Traffic Impact Study(TIS)was submitted to ITD and ACHD for review of this project.
Design: This property is located within a four-square mile area governed by the Fields Sub-Area Plan
located at the northwest corner of the Area of City Impact boundary. This area is bounded by Ustick
Rd. on the south, Can-Ada Rd. on the west, Chinden Blvd./US Highway 20/26 on the north, and
McDermott Rd./SH-16 on the east.
The Fields area is primarily designated for future residential development,with a mixed-use
community center at the southeast corner of Star and McMillan Roads, and multiple school and park
sites. Interchange and regional mixed-use designations are incorporated along both Ustick Road and
Chinden Boulevard, generally from the SH-16 extension to Star Road. The southwest corner of the
Subarea has been reserved for expanded industrial and non-residential mixed-use area within the
southwest quadrant, and is aligned with the existing Intermountain Gas Facility, currently located on
Can-Ada Road.
Page 3
In accord with the Fields Sub-Area Plan,the general character, design and identity of this area should
have a cohesive theme that is"modern rural,"which applies to housing, amenities, streetscape/open
space, and retail/commercial. Because the proposed school does not front on W.McMillan Rd. and is
not oriented toward N. Owyhee Storm Ave. and because it's not residential or retail/commercial, Staff
does not recommend the building is required to have a modern rural design theme. However,some of
the other thematic design elements that contribute to the desired character of the area should
be adhered to such as lighting,fencing(e.g. split rail),landscaping(e.g.tall fescues, dry creek
materials,wildflowers,street trees,etc.),public art,on-street bike lanes and/or off-street multi-
use pathways, signage(e.g. metal roof on sign),etc.—see the Character Framework—Amenities
(pg.3-12) and Streetscape(pg.3-13)in the Plan for more information.A high-quality of design
is expected in this area.
In response to the modern rural design theme,the Applicant proposes to develop some of the areas
adjacent to building entrances with dry stream beds with a mix of rock types,boulders and plantings.
In the portions of the site that will not be developed with Phase 1, a"meadow seed"mix is proposed
to be planted for wild flowers and grass to grow. Detached sidewalks, landscaping and street lights
are proposed along all public streets,which will provide pedestrian connectivity to the school from
adjacent existing and future neighborhoods in the area.A 10-foot wide sidewalk/pathway is proposed
along Owyhee Storm Ave.,which should provide a safe off-street route for school children to
bicycle/walk to school; and a 5-foot wide sidewalk is proposed along McMillan Rd. and Ersatz Place
Rd.
Building materials will consist of a combination of masonry,deep ribbed metal and smooth metal
with large expansions of glazing. The ball fields will be fenced from general use by the public;
however,those areas help preserve the open space and views from adjacent developments and
properties. Fencing and signage designs have not been fully developed yet but the Applicant
anticipates incorporating the"modern rural" design theme in those elements at the perimeter
of the development.Details of such should be submitted prior to the City Council hearing.
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):
• "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 service is available and can be extended by the developer with development in
accord with UDC 11-3A-21. City sewer service will not be available until the Can-Ada lift
station project is complete at the end offiscal year 2025.
• "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 of this site.
• "Ensure development provides safe routes and access to schools,parks, and other community
gathering places."(2.02.01 G)
Detached sidewalks are proposed adjacent to all public streets, which should assist in
providing safe access to the proposed school. The walkway along Owyhee Storm Ave. is
proposed to be a 10 feet wide multi-use pathway, which will provide an off-street route for
bicyclists.
Page 4
• "Ensure the location and design of schools are compatible with existing and planned
neighborhoods and land uses."(2.03.01D)
The proposed school should be compatible with adjacent existing and future residential uses
in the vicinity.
VI. STAFF ANALYSIS
A. Annexation&Zoning(AZ):
The Applicant proposes to annex 71.28 acres of land with an R-15 (Medium-High Density
Residential)zoning district for the development of a private education institution for pre-
kindergarten through 12t1i grade on approximately 48.48 acres of the site. The remaining 23.4-
acres of the site is to be used for agricultural purposes until further development occurs in the
future. As discussed above in Section V,the proposed use is desired and consistent with the
Comprehensive Plan for this area.
There are no existing structures on this site; the property is currently being used for agricultural
purposes. The site is within the Area of City Impact(AOCI)boundary at the periphery of the
current City limits and is contiguous to City annexed land to the south.
Because the R-8 zoning district is the most appropriate district for the MDR FLUM
designation, Staff recommends an R-8 instead of R-15 zone for the subject property.
A private education institution is listed as an allowed use in the recommended R-8 (and requested
R-15)zoning district with approval of a conditional use permit,per UDC Table 11-2A-2, subject
to the specific use standards listed in UDC 11-4-3-14.
A property boundary adjustment application has been tentatively approved by Ada County
Development Services for the reconfiguration of this property as shown in the annexation legal
description and exhibit map in Section VIII.A below. Final approval is required to be obtained
prior to City Council approval of the annexation ordinance.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. To ensure this property develops as proposed and required,
Staff recommends a DA with the provisions discussed herein and included in Section IX.A.
If the 23.4-acre portion of the site not proposed to develop at this time is proposed to
develop with any use(s) other than an education institution and associated accessory uses in
the future, Staff recommends an amendment to the Development Agreement is required to
include an updated development plan.
B. Conditional Use Permit(CUP):
A Conditional Use Permit(CUP) is proposed,as required by UDC Table 11-2A-2, for a private
education institution in an R-8/R-15 zoning district. The education institution requires CUP
approval because it exceeds 250,000 square feet(s.f.)within a residential district; includes lighted
fields adjoining/within a residential district; will generate in excess of 1,500 vehicular trips per
day; and takes access from a collector street(i.e. Owyhee Storm Ave.) and there is not a safe,
separate pedestrian and bikeway access between the neighborhood and the school site, per UDC
11-4-3-14E.
Cole Valley currently has two existing campuses that will be relocated and consolidated into one
259,919 square foot building on the subject property. The proposed school will be for pre-
kindergarten through 12th grade and the development area will include parking, access drives,
open space for student play area and outside athletic venues on 48.48 acres of land. The new
Page 5
facility will service approximately 1,825 students with the potential to add 12 additional
classrooms with future building additions on the south, east and west wings,totaling 15,300
square feet,to serve an additional 300 students.
Development will likely occur in two phases but may occur in one. If phased, Phase 1 will consist
of all of the outside athletic venues except the tennis courts, a portion of the southeast parking lot,
public restroom outbuilding, construction of Ersatz Rd. and the extension of Owyhee Storm Ave.
(the length and width to be determined by the City and ACHD), and the adjustment and piping of
the Creason Lateral. Phase 2 will consist of building construction,remaining site development of
parking lots, access points,play structures, full road sections to the north property line and public
utility connections. Although shown as part of the 2'phase,the storage,maintenance and CTE
building likely won't be constructed for a few years per the Applicant.
Dimensional Standards: The proposed development is required to comply with the dimensional
standards listed in UDC Table 11-2A-7 for the proposed R-15 zoning district(or UDC Table 11-
2A-6 for the R-8 district recommended by Staff). Education facilities are allowed a maximum
building height of 50 feet as set forth in UDC 11-2A-3E.3.
Specific Use Standards: The proposed use is required to comply with the specific use standards
listed in UDC 11-4-3-14F,Education Institution, as follows: Staffs analysis is in italics.
A. Accessory uses.Accessory uses including,but not limited to,daycare facilities,
community events, community services, social services, curricular and extracurricular
activities,meeting facilities for clubs and organizations, and school administration may
be allowed.
1. Community events shall include,but are not limited to, events organized by an
association of persons for a social, literary,political, educational or recreational
purpose. Community events shall not include retail or other services that are
customarily carried on as a business.
2. Curricular or extracurricular activities at an education institution shall include any
sporting,musical, dramatic, artistic, fundraising or educational activities associated
with any group,association, or classroom of said education facilities. Curricular or
extracurricular activities shall not include retail or other services of businesses not
directly associated with the education facility.
3. When conducted within an existing structure and site modifications are not proposed
and/or required allowed accessory uses do not require a certificate of zoning
compliance.
4. Uses not deemed as an accessory use by the Director shall require approval as a
principal permitted or conditional use consistent with this title or as a temporary use
consistent with title 3, chapter 4 of this Code.
B. Location criteria for elementary schools. Elementary schools should be located within the
center of neighborhoods with access encouraged from local streets. Elementary school
locations adjacent to public parks or open space are encouraged. At least thirty(30)
percent of the perimeter of an elementary school site should be open to streets or open
space areas. The site is not located within the center of a neighborhood but may be in the
future as much of the property surrounding this area has yet to annex but has a
residential FL UM designation; a local street(Ersatz Rd.) is proposed along the east
boundary of the site. Over 30%of the proposed school site is open to streets.
C. Location criteria for middle schools and high schools. Middle and high schools may take
access off a designated arterial or collector street. The proposed school takes access off a
Page 6
collector street(Owyhee Storm Ave).
D. Exemption.An education institution with less than one hundred fifty(150) students or
located within the TN-R district may be exempt from the requirements for open space,
landscaping,parking and drop off areas.Not Applicable
E. Conditional use requirement. A conditional use permit shall be required for any education
institution in which any of the following circumstances exist:
1. The education institution is in excess of two hundred fifty thousand(250,000) square
feet within a residential district; The proposed school is 259,919 square feet.
2. The education institution includes lighted fields adjoining or within a residential
district; The football field is proposed to be lighted within a residential district.
3. The education institution will generate in excess of one thousand five hundred
(1,500)vehicular trips per day; The proposed school will exceed 1,500 vehicle trips
per day at 4,132 trips per day.
4. The education institution takes access from a collector or an arterial street and there
is not a safe, separate pedestrian and bikeway access between the neighborhood and
the school site. The proposed school takes access from a collector street(Owyhee
Storm Ave); a 10 foot wide detached multi-use pathway is proposed on the school
site adjacent to the street for safe pedestrian/bicycle access to the site. There are no
abutting neighborhoods to the west, north or east at this time as the adjacent land is
yet to redevelop; an arterial street separates this site from the development to the
south (i.e. Gander Creek subdivision).
F. Portable classrooms (temporary and permanent). The site plan for all education
institutions shall include the location of any future portable classrooms(temporary and/or
permanent).Four(4)portable future classrooms are proposed on the west side of the site
just north of the elementary wing totaling 8,400 sf. (2,100 sf. each).
1. Temporary portables. A temporary portable classroom shall be an accessory use valid
for a maximum period of four(4)years from the date of issuance of a certificate of
occupancy.
a. Temporary portable classrooms that meet the standards as set forth in subsection
(F)(4)of this section shall require a certificate of zoning compliance approval but
shall not be subject to design review.
b. Temporary portable classrooms that do not meet the standards as set forth in
subsection(F)(4)of this section shall require a conditional use permit but shall
not be subject to design review.
2. Permanent portables. Prior to the termination of the four-year permit,the applicant
may request to convert a temporary portable classroom to a permanent portable
classroom.
a. Permanent portable classrooms that meet the standards as set forth in subsection
(F)(4)of this section shall require a certificate of zoning compliance and design
review approval.
b. Permanent portable classrooms that do not meet the standards as set forth in
subsection(F)(4)of this section shall require a conditional use permit and design
review approval.
Page 7
3. Permit termination. Upon termination of the four-year permit,the temporary portable
classroom approval shall be null and void and the applicant shall remove the structure
immediately.
4. Standards.
a. The portable classroom shall not be located in the front yard of the principal
school structure.
b. The portable classroom shall not be located in any required yard.
c. The placement of the portable classroom shall not reduce the number of required
off street parking spaces.
d. The portable structures shall comply with the building code in accord with title
10 of this Code.
e. Exterior colors of the portable classrooms shall be compatible with the color of
the primary school building.
f. The roofing material on the portable classrooms shall be of a finish that emits a
minimal amount of glare.
g. Where the portable classroom is located within two hundred(200) feet of a street
and is visible from such a street,the portable classroom shall be screened from
view of the street with a minimum of one(1)evergreen tree per fifteen(15)feet
of linear structure. The tree shall be a minimum of six(6) feet in height.
G. Additional standards for education institution,private. The applicant shall provide written
documentation that the facility meets the minimum site area guidelines as established by
the Idaho State Department of Education. The Applicant shall comply with this
standard.
H. Additional standards for vocational or trade schools. The applicant shall provide written
documentation that the school will have a major curriculum relating to technological
industrial research and processes.Not applicable.
I. Parking space requirement. In all commercial and residential districts,education
institutions shall provide one(1)parking space for every four hundred(400) square feet
of gross floor area. The proposed parking complies with this standard. See below for
more detailed analysis on parking.
Road Improvements: The Applicant proposes to extend Owyhee Storm Ave., a collector street,
and Ersatz Rd., a local street, from the south boundary at McMillan Rd.to the north boundary of
the subject property with development. The extension of these streets is proposed in two (2)
phases as shown on the phasing plan in Section VIII.B. To ensure the timely extension of
Owyhee Storm Ave. and Ersatz Rd.for future development in the area,Staff recommends
these streets(and associated detached sidewalks/multi-use pathways) are constructed to the
northern boundary of the subject property with the first phase of development. The
Applicant states ITD has acquired the property necessary to complete the extension of Ersatz but
not to a local street section with sidewalks, etc. The street section will start at the eastern ROW
that ITD has acquired and the street section will extend the necessary dimension onto the subject
property. The multi-use pathway required along the east side of Ersatz will be constructed with
future development of the adjacent land.
Access: Two (2)driveway accesses are proposed via Owyhee Storm Ave.,a future collector
street,along the west boundary of the site and two(2)driveway accesses are proposed via Ersatz
Page 8
Place Rd., a future local street, along the east boundary of the site;no access is proposed via W.
McMillan Rd.
The southern driveway via Ersatz will provide access to the eastern parking lot and drop-off areas
that are primarily dedicated to the high school and middle school portion of the building and
campus. The northern driveway will provide access to the smaller secondary parking lot that will
include a bus drop-off area, a future career technical building and the emergency vehicle access
lane that extends west to Owyhee Storm Ave.
The southern driveway via Owyhee Storm will provide access to the western parking lot and
drop-off areas that are primarily dedicated to the pre-school and elementary portions of the
building and campus.
Parking: Off-street parking is required to be provided as set forth in UDC 11-4-3-14.I(i.e. one
space per 400 square feet of gross floor area). Based on 273,344 square feet(s.£)of gross floor
area(259,919 s.f. school building+ 13,425 s.f. storage,maintenance&CTE building), a
minimum of 683 parking spaces are required that comply with the standards listed in UDC Table
11-3C-5. If future classroom additions occur as anticipated, an additional 38 parking spaces will
be required based on 15,300 square feet of gross floor area. If temporary portable classrooms are
added as anticipated, an additional 21 parking spaces will be required based on 8,400 s.f. of gross
floor area. The site plan depicts a total of 843 parking spaces at full build-out,which exceeds the
minimum standards by 101 spaces. The Applicant proposes to only construct the minimum
amount of parking(i.e. 650 spaces)required with the initial building construction.
Bicycle parking is required to be provided as set forth in UDC 11-3C-6G. Based on 843 vehicle
spaces, a minimum of 34 bicycle parking spaces are required that meet the location and design
standards listed in UDC 11-3C-5C; a total of 48 spaces are proposed, exceeding the minimum
standards.
Sidewalks/Pathways: A 10-foot wide detached sidewalk/multi-use pathway is proposed within
the street buffer along Owyhee Storm Ave. in accord with the Pathways Master Plan; and 5-foot
wide detached sidewalks are proposed along W. McMillan Rd. and Ersatz Rd.Note:A multi-use
pathway is also required along the east side of Ersatz Rd., which will be required with
construction of the eastern portion of the street section by the developer of the adjacent property.
Five-foot wide detached sidewalks are typically required within street buffers along arterial
streets.However,because ACHD is changing policy to require detached 10-foot wide
multiple-use pathways(MUP) along arterial streets (i.e.McMillan Rd.)in lieu of on-street
bike lanes, and because school children will be using this sidewalk to bike and walk to
school, Staff recommends a 10-foot wide sidewalk/MUP is required along McMillan as a
provision of the development agreement.
The multi-use pathway is required to be placed in a 14-foot wide public use easement if it's
outside of the right-of-way. The easement should be submitted to the Planning division with
the Certificate of Zoning Compliance application for the first phase of development.
To ensure pedestrian safety, Staff recommends the sidewalk/multi-use pathways are
constructed along all streets with the first phase of development.
Landscaping: A landscape plan was submitted as shown in Section VIII.C.
A minimum 25-foot wide street buffer is required along W. McMillan Rd., an arterial street and a
minimum 20-foot wide street buffer is required along Owyhee Storm Ave., a collector street,
landscaped in accord with the standards listed in UDC 11-3B-7C. Buffers are required to be
planted with a variety of trees,shrubs,lawn,or other vegetative groundcover. The
landscape plan should be revised in accord with the aforementioned standards. Where the
Page 9
buffer is encumbered by an easement,the buffer area is required to include a minimum 5-
foot wide area for planting shrubs and trees outside of the easement; the plans should be
revised accordingly to accommodate the required plantings.
Parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C.
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.
All utilities, except for City sewer, are available to the site or in close proximity. Sewer service to
this site will be provided from the Can-Ada Lift Station,which has not yet been
built. Construction is planned to be completed towards the end of Fiscal Year 2025. The
City plans to install a trunk sewer from the lift station (to be located near McMillan
Road/Can-Ada Road) one mile to the east near the intersection of McMillan Road/Star
Road as a part of the Can-Ada Lift Station Project. The school will need to extend sewer
down McMillan Rd. and Owyhee Storm Ave.to the school campus in accord with the Sewer
Master Plan.The City is amenable to allowing a temporary lift station for the sports field
concession and restroom buildings only,which shall be taken off-line as part of the construction
of the school.
Waterways: The West Tap Sublateral runs along the southern boundary of this site adjacent to
McMillan Rd. and the Creason Lateral bisects this site within a 30-foot wide easement. The UDC
(LL-3A-0 requires all waterways that lie on the property being developed to be piped or
otherwise covered unless being improved as a water amenity of linear open space. The
easement for the Creason Lateral shall be depicted on the site and landscape plans.
Pressurized Irrigation System (UDC I1-3A-15): Underground pressurized irrigation water is
required to be provided to the development as set forth in UDC 11-3A-15. On-site pressurized
irrigation is proposed utilizing existing water rights from the Creason Lateral and a secondary
irrigation well and pumping system will be installed to supplement irrigation needs during the
"shoulder season"watering times.
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.
Hours of Operation: The primary hours of operation for the campus will be from 7:00 am to
3:00 pm Monday through Friday. Extended hours of operation will be based on athletic events
and various activities throughout the school year. Compliance with the City noise ordinance
(MCC 6-3-6)is required.
Building Elevations: Building elevations were submitted as shown in Section VIII.D for the
proposed 2-story school building. Building materials consist of a combination of masonry in
smooth-face and split-face in two colors, deep ribbed metal and smooth metal with large
expansions of glazing,which should be low maintenance. Raised parapets are proposed for
modulation and screening of rooftop mechanical equipment. Proposed building heights are as
follows: auditorium/gymnasium—45'8"; classroom wings—35'0".
Certificate of Zoning Compliance/Design Review:A Certificate of Zoning Compliance(CZC)
and Design Review application is required to be submitted to the Planning Division and approved
prior to submittal of building permit application(s). The application materials should be updated
as necessary to comply with the conditions contained in Section IX. Compliance with the design
standards in the Architectural Standards Manual is required. As discussed above in Section V,a
"modern rural"design theme should be integrated into the project as desired in the Fields Sub-
Area Plan.
Page 10
VII. DECISION
A. Staff:
Staff recommends approval of the proposed annexation&zoning with an R-8 instead of R-15
zoning district, and conditional use permit with the provisions included in Section IX per the
Findings in Section X.
Page I I
VIII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
LEGAL DESCRIPTION
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GROUP
March 2,2023
Project No.:121048
EXHIBIT"A"
COLE VALLEY CHRISTIAN SCHOOL
ANNEXATION DESCRIPTION
A parcel of land located in the West Half of the Southeast Quarter of Section 29,Township 4 North,
Range 1 West,Boise Meridian,Ada County,Idaho,being more particularly described as follows:
Commencing at the South One Quarter Corner of Section 29 of said Township 4 North,Range 1 West,
(from which point the Southeast Corner of said Section 29 bears South 89'22'00" East,2642.71 feet
distant),said South One Quarter Corner being the POINT OF BEGINNING;
Thence North 00'51'06"East,a distance of 2630.21 feet on the north-south mid-section line of
said Section 29 to the Center One Quarter Corner of said Section 29,
Thence South 89°22'35"East,a distance of 1325D2 feet on the east-west mid-section line of
said Section 29 to the Center-East 1/16th Corner of said Section 29;
Thence South 00'55'00"West,a distance of 2630.45 feet to a point on the southerly Section
line of said Section 29;
Thence North 89'22'00"West,a distance of 454.52 feet on said southerly Section line;
Thence North 00'55'00"East,a distance of 487.34 feet;
Thence North 89°43'44"West,a distance of 774.21 feet;
Thence South 00'16' 16"West,a distance of 21.70 feet;
Thence South 00'51'07''West,a distance of 460.74 feet to a point on the southerly Section line
of said Section 29;
Thence North 89'22'00''West,a distance of 93.49 feet on said southerly Section line to the
POINT OF BEGINNING.
The above described parcel contains 71.28 acres more or less.
PREPARED BY:
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3-2-2023
James R.Washburn OF 0
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Page 12
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Page 24
IX. CITY/AGENCY COMMENTS & CONDITIONS
Prior to the City Council hearing, additional site development details (i.e.landscaping,fencing,
signage,public art,etc.) shall be submitted to the Planning Division that demonstrate
compliance with the"modern rural"design theme in the Fields Sub-Area Plan.
Final approval of the property boundary adjustment application by Ada County Development
Services shall be obtained prior to City Council approval of the Annexation Ordinance.
Prior to City Council approval of the Development Agreement,an amended phasing plan shall
be submitted that includes the extension of Owyhee Storm Ave. and Ersatz Place Road to the
northern property boundary and detached sidewalks/multi-use pathways along McMillan Rd.,
Owyhee Storm Ave. and Ersatz Place Rd.with the first phase of development.
A. PLANNING DIVISION
1. Annexation&Zoning
1.1 A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance,a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the site plan, landscape
plan,phasing plan and conceptual building elevations included in Section VIII and the
provisions contained herein.
b. Future development of this site shall incorporate design elements consistent with the
"modern rural"design theme outlined in the Fields Sub-Area Plan as discussed in Section
V and proposed with this application.
c. Owyhee Storm Ave. and Ersatz Rd. shall be constructed the full length of the subject
property with the first phase of development at the width/street section required by the
Ada County Highway District.
d. All detached sidewalks and multi-use pathways along public streets(i.e. McMillan Rd.,
Owyhee Storm Ave. and Ersatz Rd.) shall be constructed with the first phase of
development.
e. Compliance with the City noise ordinance(MCC 6-3-6)is required.
f. If the 23.4-acre portion of the site(5-acre portion at southeast corner and 18.4-acre
portion at the north end)develops in the future with a use(s) other than an education
institution, an amendment to the Development Agreement is required to include an
updated development plan.
g. Direct access via W. McMillan Rd. is prohibited.
2. Conditional Use Permit
2.1 Compliance with the standards listed in UDC 11-4-3-14—Education Institution,is required.
2.2 Compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning
district is required with the exception of building height. Education facilities are allowed a
Page 25
maximum building height of 50 feet as set forth in UDC 11-2A-3E.3.
2.3 The site/landscape plan submitted with the Certificate of Zoning Compliance application shall
be revised as follows:
a. Depict a minimum 25-foot wide street buffer along W.McMillan Rd. and a minimum 20-
foot wide street buffer along Owyhee Storm Ave., measured from back of curb.
b. Depict landscaping within street buffers in accord with the standards listed in UDC 11-3B-
7C.3, which requires a variety of trees, shrubs, lawn, or other vegetative groundcover
among other specifications. Where the buffer is encumbered by an easement, the buffer
area shall include a minimum 5-foot wide area for planting shrubs and trees outside of the
easement as set forth in UDC 11-3B-7C.lb.
c. Depict the 30-foot wide easement for the Creason Lateral.
d. Depict a 10-foot wide detached sidewalk/multi-use pathway within the required street
buffers along Owyhee Storm Ave. and W. McMillan Rd.
2.4 All waterways on the subject property shall be piped or otherwise covered unless improved as
a water amenity of linear open space as set forth in UDC 11-3A-6.
2.5 A 14-foot wide public use easement shall be submitted to the Planning Division with the first
Certificate of Zoning Compliance application for the 10-foot wide multi-use pathway along
Owyhee Storm Ave. if the pathway is outside of the right-of-way.
2.6 The applicant shall provide written documentation that the facility meets the minimum site area
guidelines as established by the Idaho State Department of Education per UDC 11-4-3-14G
with the Certificate of Zoning Compliance application.
2.7 A Certificate of Zoning Compliance application shall be submitted for the proposed use that
complies with all UDC conditions and the provisions contained herein.
2.8 The future temporary portable classrooms shall comply with the standards listed in UDC 11-4-
3-14F. A Certificate of Zoning Compliance application shall be submitted for approval of the
portable classrooms. These structures are not subject to design review. Temporary portable
classrooms that do not meet the aforementioned standards shall require a conditional use
permit but shall not be subject to design review.
2.9 A Design Review application shall be submitted for the proposed structures that complies with
the design standards listed in the Architectural Standards Manual. Design elements should be
incorporated in the site consistent with the "modern rural"design theme outlined in the Fields
Sub-Area Plan as discussed in Section V.8.
2.10 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 11-513-6F.
B. PUBLIC WORKS DEPARTMENT
General Conditions of Approval
1. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
Page 26
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
3. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form
available from 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.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point connection is
utilized,the developer will be responsible for the payment of assessments for the common
areas prior to prior to receiving development plan approval.
5. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
8. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
9. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
10. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
11. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
12. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
Page 27
14. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
15. The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
17. At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
18. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A
copy of the standards can be found at
http://www.meridianciV.oM1public_works.aspx?id=272.
19. The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
20. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. FIRE DEPARTMENT
https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=292608&dbid=0&repo=MeridianC
hty
D. PARK'S DEPARTMENT
https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=292614&dbid=0&repo=MeridianC
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.m eridia n c i ty.ory/WeUink/Doc View.aspx?id=294319&dbid=0&rep o=Meridia n C
Page 28
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=294389&dbid=0&repo=Meridian C
Lty
G. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridianciN.org/WebLink/DocView.aspx?id=293650&dbid=0&repo=MeridianC
Lty
H. IDAHO TRANSPORTATION DEPARTMENT(ITD)
TIS Acceptance:
https://weblink.meridianciV.oLvlWebLinkIDocView.aspx?id=292597&dbid=0&repo=MeridianC
iv
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
TIS Acceptance:
https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=292599&dbid=0&repo=MeridianC
iv
X. FINDINGS
A. Annexation (UDC 11-5B-3E)
Required Findings: 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 an
annexation and/or rezone,the council shall make the following findings:
l. The map amendment complies with the applicable provisions of the comprehensive plan;
Staff finds the Applicant's request to annex the subject property with the recommended R-8
zoning district for the development of a private education institution on the site is consistent
with the MDR and school designations on the FL UM in the Comprehensive Plan.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds the map amendment to the recommended R-8 zoning district and associated
development is consistent with the regulations outlined for the district.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Staff finds the proposed map amendment should not be detrimental to the public health, safety
and welfare as the proposed use should be compatible with adjacent existing and future
residential uses in the vicinity.
4. The map 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; and
Staff f nds City water service is available to be extended to this development; however; City
sewer service will not be available until the Can-Ada lift station project has been completed
Page 29
toward the end of fiscal year 2025. The provision of a school in this area will assist in
providing for the education needs of the community in this area of the City.
5. The annexation(as applicable)is in the best interest of city.
Stafffinds the proposed annexation is in the best interest of the city.
B. Conditional Use(UDC 11-513-6)
Findings: The commission shall base its determination on the conditional use permit request upon
the following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
Stafffinds the site is large enough to accommodate the proposed use and meet all
dimensional and development regulations of the recommended R-8 zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Stafffinds the proposed education institution will be harmonious with the Comprehensive
Plan and is consistent with applicable UDC standards with the conditions noted in Section
VIII 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 should 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 VIII 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 once the City s Can-Ada lift station project is completed.
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.
Stafffinds 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.
Page 30
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
Staff finds the proposed use will not result in the destruction, loss or damage of any such
features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for
additional nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of
conformity with the development standards as set forth in this title as compared to the
level of development of the surrounding properties.
This finding is not applicable.
Page 31
V IDIAN�
AGENDA ITEM
ITEM TOPIC: Public Hearing for SWIG Meridian (H-2023-0014) by Bowman, located at
3471 W. Chinden Blvd.
Application Material: https:Hbit.ly/H-2023-0014
A. Request: Conditional Use Permit for a drive-through establishment within 300 feet of another
drive-through facility, residential district and existing residences.
PUBLIC HEARING SIGN IN SHEET
1
DATE: June 1, 2023 ITEM # ON AGENDA: 5
PROJECT NAME: SWIG Meridian (H-2023-0014)
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 (f�
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E IDIAN --
STAFF REPORT .►a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 6/l/2023 Legend
DATE: f
ILIPr je_i Luca=o-
u
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner -
208-884-5533 '
Y'il'�=11 � NB 'VD
SUBJECT: SWIG—CUP
H-2023-0014 Cam I
�J
LOCATION: 3471 W. Chinden Blvd. in the NE 1/4 of HTH
Section 27,TAN.,R.1W. (Lot 2,Block z
1,Lost Rapids West Subdivision) - UJ -
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP)for a drive-through establishment within 300-feet of another drive-
through facility, a residential district and existing residences on 0.59-acre in the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.59-acre
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Restaurant with a drive-through
Current Zoning General Retail&Service Commercial(C-G)
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date;#of 3/9/23
attendees:
History(previous approvals) H-2018-0004(CPAM,AZ,PP,VAR—Lost Rapids);H—
2019-0056(FP—Lost Rapids);Development Agreement
(Inst.#2018-079970—GFI—Meridian Investments 11,
LLC);PBA-2022-0019-ROS#13628(Parcel B); SHP-
2022-0014(Lot 17,Block 1,Lost Rapids West
Subdivision)
Page 1
A. Project Area Maps
Future Land Use Map Aerial Map
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for Lost Rapids West Subdivision.
III. APPLICANT INFORMATION
A. Applicant:
Kofi Addo,Bowman—2805 Dallas Parkway, Ste. 310,Plano,TX 75093
B. Owner:
GFI Meridian Investments 11,LLC—74 E. 500 South, Ste. 200,Bountiful,UT 84010
Page 2
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification 5/17/2023
Radius notification mailed to 5/12/2023
properties within 300 feet
Site Posting Date 5/18/2023
Next Door posting 5/15/2023
V. STAFF ANALYSIS
The Applicant proposes to construct a 665 square foot(s.f.)restaurant with a drive-through for SWIG
on a 0.87-acre property in the C-G zoning district. The restaurant serves sodas, cookies and pretzels.
The proposed use will only have drive-through service;no indoor or outdoor public seating and no
walk-up order window is proposed.
A restaurant is listed as a principal permitted use in the C-G zoning district per UDC Table I1-2B-2,
subject to the specific use standards listed in UDC 11-4-3-49. A drive-through requires approval of a
conditional use permit when it's within 300 feet of another drive-through facility, an existing
residence or a residential district per 11-4-3-11A.1. In this case,three(3)other drive-through
establishments exist within 300 feet of the property—Key Bank(A-2023-0015)to the west,Dutch
Bros. Coffee to the east(A-2021-0177)and Slim Chickens(A-2022-0160)to the east; there are
existing residences and residential districts within 300 feet of the property to the west.
The proposed use and development plan is in substantial conformance with the provisions in the
existing Development Agreement(Inst. #2018-079970).
Specific Use Standards: Staff's analysis is in italics.
• 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.Menu boards are proposed as
depicted on the site plan in each of the drive-through lanes;speakers are not proposed as SWIG
staff walks up to the customers to accept orders prior to the drivers going to the pick-up window.
The pick-up window is depicted on the site plan and elevations at the southwest corner of the
building on the west side.In order for the outside travel lane to function as an escape lane as
required for drive-throughs that exceed 100 feet in length,Staff recommends no stacking is
allowed in this area and the menu board is removed.Signage should be installed notifying
patrons not to block the escape lane.
The site plan is required to demonstrate safe pedestrian and vehicular access and circulation on
the site and between adjacent properties.A sidewalk is proposed along the southern boundary of
Page 3
the site for safe pedestrian access to the east and west. Because a private drive-aisle runs along
the southern boundary of the site that provides access to adjacent properties to the east and west,
a cross-access easement/driveway is not required to be provided to adjacent properties to the
east and west.
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 site plan provides queuing for at least 9 vehicles, which should be adequate to prevent
obstruction of the drive aisles.
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 design of the site requires traffic to pass through the escape lane for the drive-through to exit
the site. The escape lane (outside travel lane)should remain open with no stacking allowed in
order for the circulation lane to remain open.
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 late is approximately 180+/-feet from the point of entry to the drive-through
window; therefore, the stacking lane exceeds 100'in length and an escape lane is required.An
escape lane is depicted on the 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 on the west side of the building and is visible from W. Chinden Blvd.
and from the drive aisle along the southern boundary of the site for surveillance purposes.
• 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.
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3 for the C-G zoning district.
Access: Access is proposed via the east/west private drive aisle along the southern boundary of the
site; direct access via W. Chinden Blvd./SH 2O-26 is prohibited. A reciprocal cross-access easement
exists between all lots in the subdivision as noted on the Lost Rapids subdivision plat.
Parking: As noted above,UDC 11-4-3-49 includes specific off-street parking standards for
restaurants,which the site plan demonstrates compliance with. A minimum of three(3) off-street
vehicle parking spaces are required for the 665 square foot building; seven(7)are proposed,in excess
of the minimum standards. Because walk-up ordering is not proposed,the parking will be for
employees only. Signage should be installed notifying patrons walk-up ordering is not allowed.
A bicycle rack capable of holding at least one(1)bicycle is required per UDC 11-3C-6G;bicycle
parking facilities are required to comply with the location and design standards listed in UDC 11-3C-
5C.A bike rack is depicted on the site plan; a detail should be included on the site plan submitted
with the Certificate of Zoning Compliance application that complies with the aforementioned
Page 4
design standards.
Landscaping: Street buffer landscaping was installed within the street buffer along W. Chinden
Blvd. with the Lost Rapids subdivision improvements.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-
8C. The perimeter buffer is required to be planted with one(1) Class II or Class III tree per 35 linear
feet and shrubs,lawn or other vegetative ground cover. The tree class should be included in the
Plant Schedule on the landscape plan.
Sidewalks: A 10-foot wide sidewalk/multi-use pathway exists within the street buffer along W.
Chinden Blvd. A pedestrian walkway is proposed from the sidewalk along Chinden and from the
sidewalk along the southern boundary of the site to the main building entrance, as required by UDC
11-3A-19.B.4.Where pathways 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/landscape plan submitted with the
Certificate of Zoning Compliance application should reflect compliance with this standard.
Easements: There are existing easements on this lot as shown on the Lost Rapids subdivision plat
and as depicted on the site plan. The proposed structure does not encroach within these easements.
Mechanical Equipment: All mechanical equipment on the back of the building or on the rooftop and
all 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.
Building Elevations: Conceptual building elevations were submitted as shown in Section VII.0 for a
single-story building that incorporates a mix of materials consisting of stucco, simulated wood and
brick wainscot. The final design shall be consistent with the design standards listed in the
Architectural Standards Manual.
Certificate of Zoning Compliance& Design Review: A Certificate of Zoning Compliance and
Design Review application is required to be submitted for the proposed use prior to submittal of a
building permit application to ensure consistency with the conditions in Section VHI,UDC standards
and design standards.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions included
in Section VIII per the Findings in Section IX.
Page 5
VII. EXHIBITS
A. Proposed Site Plan
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VIII. 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 [H-2018-
0004(CPAM,AZ,PP,VAR—Lost Rapids); Development Agreement(Inst. #2018-079970—
GFI—Meridian Investments II, LLC);H-2019-0056(FP—Lost Rapids); PBA-2022-0019
(ROS#13628); SHP-2022-0014 (Lost Rapids West)].
2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance
application 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. The pathways from the perimeter sidewalks 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-1913.4b.
c. Include the tree classification in the Plant Schedule that demonstrates compliance with
the standards in UDC 11-3B-8C.1 b.
d. Include a detail for the bicycle rack that complies with the design standards listed in UDC
11-3C-5C.
e. No stacking is allowed in the outside travel lane that serves as an escape lane; depict
signage notifying patrons not to block the escape lane. Remove the menu board from the
outside travel lane.
f. Signage should be installed notifying patrons walk-up ordering is not allowed.
3. Compliance with the standards listed in UDC 11-4-3-11 —Drive-Through Establishment and
11-4-3-49—Restaurant is required.
4. Direct access W. Chinden Blvd. is prohibited.
5. Outdoor speakers are prohibited unless otherwise approved through a modification to the
conditional use permit.
6. A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
7. The conditional use permit is valid for a maximum period of two (2) years unless otherwise
approved by the City. During this time,the Applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval, and acquire building permits and commence construction of permanent footings or
structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested
as set forth in UDC 11-5B-6F.
B. PUBLIC WORKS DEPARTMENT
Site Specific Conditions of Approval
1. Ensure no sewer services cross infiltration trenches.
Page 9
2. There is an existing 8" stub into the property. This must either be used or abandoned. If used
call out removal of the blow-off and locate service connection with in 3'of dead end.
3. If the plan is to abandon the 8" main and just install a service, a 20'easement up to and 10'
beyond the meter is required. The service needs to be centered in the easement. The current
location of the water line drawn would not allow for this and needs to be adjusted
accordingly.
4. No permanent structures (trees,bushes,buildings, carports,trash receptacle walls, fences,
infiltration trenches, light poles,etc.) are allowed within the utility easement.
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 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. 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.
4. 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.
5. 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.
6. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
7. 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.
8. 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.
9. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
10. Developer shall coordinate mailbox locations with the Meridian Post Office.
Page 10
11. 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.
12. 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.
13. At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciU.orgJ ebLink/DocView.aspx?id=295656&dbid=0&repo=MeridianC
iv
D. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridianciU.orgJ ebLink/DocView.aspx?id=295701&dbid=0&repo=MeridianC
iv
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridianciU.orgJ ebLink/DocView.aspx?id=294813&dbid=0&repo=MeridianC
iv
IX. 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 development and meet all
dimensional and development regulations of the C-G zoning district.
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
Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted
in Section VIII 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 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.
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4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
Staff ,finds the proposed use will not adversely affect other properties in the vicinity if it complies
with the conditions in Section VIII of this report.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal,
water, and sewer.
Stafffinds the proposed use will be served by essential public facilities and services as required.
6. That the proposed use will not create excessive additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
Staff ,finds the proposed use will not create additional costs for public facilities and services and
will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials,equipment and
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes,glare or odors.
Stafffinds the proposed use will not be detrimental to any persons,property or the general
welfare by the reasons noted above.
8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
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