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HomeMy WebLinkAbout2023-06-15 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, June 15, 2023 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT ABSENT Commissioner Wheeler Commissioner Grace Commissioner Lorcher Commissioner Rivera Commissioner Seal Commissioner Stoddard Commissioner Smith ADOPTION OF AGENDA Adopted Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Smith, Commissioner Seal CONSENT AGENDA \[Action Item\] Approved 1. Approve Minutes of the June 1, 2023 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for SWIG (H-2023-0014) by Bowman, located at 3471 W. Chinden Blvd. Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Smith Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Smith, Commissioner Seal ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 3. Public Hearing continued from 6-1-2023 for Cole Valley Christian School Pre-K- 12 (H-2023-0011) by LKV Architects, located at 7080 W. McMillan Rd. Recommend Approval to City Council, tentatively scheduled for July 11, 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 recommend approval to City Council made by Commissioner Lorcher, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Smith, Commissioner Seal 4. Public Hearing continued from 5-4-2023 for Costco Development (H-2023-0007) by Barghausen Consulting Engineers, Inc., located at 3403 W. Chinden Blvd. Recommend Denial to City Council, tentatively scheduled for July 11, 2023 A. Request: Development Agreement Modification to the existing Development Agreement \[Inst. #2018-069276 (H-2018-0004), amended as Inst. #2018- 114828 H-2018-0066)\], which currently prohibits deliveries from occurring between the hours of 10:00 pm and 5:00 am to prohibit deliveries from occurring between the hours of 11:00 pm and 3:00 am. B. Request: Conditional use permit to allow extended business hours of operation from 6:00 am - 11:00 pm to 3:00 am - 11:00 pm. Motion to recommend denial to City Council made by Commissioner Lorcher, Seconded by Commissioner Wheeler Voting Nay: Commissioner Wheeler, Commissioner Lorcher, Commissioner Smith, Commissioner Seal 5. Public Hearing continued from 5-18-2023 for Julia Subdivision (H-2023-0003) by Hesscomm Corporation, located at 2435 N. Black Cat Rd. Recommend Approval to City Council, tentatively scheduled for July 11, 2023 A. Request: Annexation of 2.77 acres of land with an R-8 zoning district. B. Request: Preliminary Plat consisting of 10 buildable lots and 5 common lots on 2.77 acres of land in in the R-8 zoning district. Motion to recommend approval to City Council made by Commissioner Lorcher, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Smith, Commissioner Seal 6. Public Hearing continued from 4-20-2023 for Fairview Apartments (H-2023- 0001) by Pivot North Architecture, located at 1005 E. Fairview Ave. Approve Application Withdrawal A. Request: Conditional Use Permit for a multi-family development consisting of 150 apartment units on 8.25 acres of land in the C-G zoning district. Motion to withdraw application made by Commissioner Smith, Seconded by Commissioner Lorcher Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Smith, Commissioner Seal 7. Public Hearing for Loose Screw Brewery (H-2023-0025) by Michael Garcia, located at 105 E. Carlton Approved A. Request: Conditional Use Permit to operate a brewery (food and beverage processing, minor) as the primary use and a drinking establishment to extend the operating hours beyond those allowed by the specific use standards for a brewery (UDC 11-4-3-46) from an existing 8,185 square-foot building on 0.45 acres of land in the O-T zoning district. B. Request: Administrative Design Review (Director Approval Only) to modify the exterior façade of the existing building. Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Smith Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Smith, Commissioner Seal 8. Public Hearing for Black Box VR (H-2023-0022) by Black Box VR, located at 950 N. Hickory Ave. Approved A. Request: Conditional Use Permit approval for Suite 100 to include an indoor recreation facility (Indoor Virtual Reality Fitness Gym) on 1.325 acres of land in the I-L zoning district. Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Smith, Commissioner Seal 9. Public Hearing for Ten Mile Costa Vida (H-2023-0018) by Cushing Terrell, located at 413 S. Innovation Ln. Approved A. Request: Conditional Use Permit for a new approximate 8,815-foot multi- tenant building that includes restaurants with a drive-through located within 300 feet of an existing drive-through facility, residential district, and existing residences on 1.43 acres of land in the C-G zoning district. Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Wheeler Voting Yea: Commissioner Wheeler, Commissioner Lorcher, Commissioner Smith, Commissioner Seal FUTURE MEETING TOPICS / DISCUSSION ADJOURNMENT 8:56 P.M. --------------------------------------------------------------------------------------------------------------------- To view upcoming Public Hearing Notices, visit https://apps.meridiancity.org/phnotices --------------------------------------------------------------------------------------------------------------------- Meridian Planning and Zoning Meeting June 15, 2023. Meeting of the Meridian Planning and Zoning Commission of June 15, 2023, was called to order at 6:02, p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher, Commissioner Jared Smith and Commissioner Nate Wheeler. Members Absent: Commissioner Enrique Rivera, Commissioner Mandi Stoddard and Commissioner Patrick Grace. Others Present: Joy Hall, Kurt Starman, Bill Parsons, Sonya Allen, Stacy Hersh, Linda Ritter and Dean Willis. ROLL-CALL ATTENDANCE _X Nate Wheeler X Maria Lorcher Mandi Stoddard Patrick Grace Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: Good evening. Welcome to the Planning and Zoning Commission meeting for June 15th, 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 the City Planning Department. If you are joining us on Zoom this evening we can see that you are here. You may observe the meeting. However, your ability to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to -- to comment. Please note that we cannot take any 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. And with that let's begin with the roll call. Madam Clerk. ADOPTION OF AGENDA Seal: Thank you very much. The first item -- the first item on the agenda is the adoption of the agenda. The application for Fairview Apartments, File No. H-2023- 0001, will be opened for the sole purpose of acknowledging the request to withdraw the application. It will be opened for that purpose only. So, if there is anybody here tonight to testify for that application we will not be taking testimony on it. Can I get a motion to adopt the agenda? Lorcher: So moved. Wheeler: Second. Meridian Planning&Zoning Commission June 15,2023 Page 2 of 52 Seal: It's been moved and seconded to adopt the agenda. All in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the June 1, 2023 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for SWIG (H-2023-0014) by Bowman, located at 3471 W. Chinden Blvd. Seal: Next item on the agenda -- on the agenda is the Consent Agenda and we have two items on the Consent Agenda. First is approve the minutes of the June 1st, 2023, Planning and Zoning Commission meeting. We also have the Findings of Facts and Conclusions of Law for File No. H-2023-0014 for SWIG. Can I get a motion to accept the Consent Agenda as presented? Lorcher: So moved. Smith: So moved. Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: Okay. At this time I would like to explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to our Comprehensive Plan and Unified Development Code. After 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 have signed up in advance to testify. You will need to state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting it will be displayed on the screen and you will run the presentation with assistance from the clerk if needed. If you have established that you are speaking on behalf of a larger group, like an HOA, where others from that group will allow you to speak on their behalf you will have up to ten minutes. After all those who have testified -- or 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 Meridian Planning&Zoning Commission June 15,2023 Page 3 of 52 will return to your seat in Chambers or will be muted on Zoom and no longer have the ability to speak. And please remember we generally do not call people back up. After all testimony has been heard the applicant -- the applicant will be given another ten minutes to come back and respond. When the applicant is finished responding to the questions and concerns we will close the public hearing and the Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to the City Council as needed. ACTION ITEMS 3. Public Hearing continued from 6-1-2023 for Cole Valley Christian School Pre-K12 (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: So, at this time I would like to continue Item No. H-2023-0011 for Cole Valley Christian School and we will begin with the staff report. Allen: Mr. Chair, Commissioners, if you would like me to go through the report -- I went through it the last meeting. I can certainly do that. The reason for continuance was solely for getting the ACHD report, which has been received by the city and is part of the public record. Seal: That is exactly right. So, should be how I have -- should have presented it. So, thank you for reminding me of that. And this is open -- or this was continued to this date to basically discuss that portion of the staff report -- or the report -- or the file I should say, so -- Wheeler: Yes. That's the way I remember it, too. Seal: Okay. So, we do have the ACHD report as part of the public record. So, I would invite the applicant to come up and speak to that. Good evening, sir. Need your name and address for the record. Thowless: Wayne Thowless. LKV Architects. 2400 East Riverwalk Drive, Boise, Idaho. Amber Van Ocker, who presented previously, is at a previous obligation tonight. So, I will be speaking on behalf of LKV Architects. I want to mention as we did before that there are others in the room that can respond to questions as may be necessary that are above my pay grade. We have Allen Howlett, superintendent of Cole Valley Christian Schools. We have Sean Conner representing The Land Group, our civil Meridian Planning&Zoning Commission June 15,2023 Page 4 of 52 engineer and landscape architect. And we have Sonia Daleiden, who is with Kittelson, our traffic engineer. As staff mentioned, the draft staff report from ACHD has been received. As we indicated we thought was going to be the case at the last meeting, it tracks very closely with the traffic study that was done. There are no significant deviations. We and the design team have gone over it exhaustively and we are basically in agreement with the findings and the recommendations contained in it. It should probably be mentioned that there are a few gray areas largely because of some remaining coordination that needs to occur between ACHD and ITD and also related to some scheduling questions and uncertainties at this point regarding Highway 16 and exactly where that's going to be in the process as it relates to the timing of -- of the school and the improvements that will be required of Cole Valley Christian Schools as part of this project. If there are any detail questions about the -- either the traffic study or ACHD's report I'm going to have Sonia with Kittelson come up and -- and address those. But I just want to reiterate for everybody's benefit that the design team and the owner do not object to anything that the staff report includes or recommends as conditions of approval related to the road system going forward. Seal: Thank you. Commissioners, do we have questions? If not I can kind of lead off here. I'm glad that we waited for the ACHD report and some of the information that was in there, as well as what was related earlier, was, essentially, the portion -- ITD needing to basically build that road. It sounds like that's something that's in the works, but not a done deal. Is that correct? And I mean whoever wants to speak to that. And -- and the reason I ask is because -- I mean even the wording in the ACHD report says if that doesn't happen you got a whole other fish to fry here. So, there has been a lot that that cannot happen as a result of that not coming in. Thowless: I will just make this introductory comment to that question, then, let Sonia continue. The staff report lays out several scenarios that could be pursued and that they are in agreement with depending on what may or may not happen with ITD and particularly Ersatz, which is the road that they are to build along the east side of the property. At the end of the day the bottom line is the staff report, in agreement with the traffic study, indicates the type of roadway, the type of road section that Ersatz has to -- has to be. We fully expect that the portion or the amount of that road section that ITD has committed to build will be completed prior to construction or at least completion of the school and it will just basically be a matter of Cole Valley Christian Schools and their contractors completing any aspect of that road section that ITD does not complete. So, it's not a question of it not occurring, it's just the school will pick up where ITD leaves off to make sure that that road is completed in agreement with the requirements of the staff report. So, we covered it. Seal: So, if ITD doesn't do it then what? I mean that -- that is one of the scenarios; correct? ITD does not do it. Thowless: A very -- a very unlikely scenario, but it's already been engineered by ITD. They are in the final stages of acquiring the necessary right of way at the intersection of McMillan and -- McMillan and Ersatz and we actually are -- as we speak trying to get a Meridian Planning&Zoning Commission June 15,2023 Page 5 of 52 meeting scheduled with ACHD and ITD to get down into the details about timing and other technical aspects of what ITD is going to do and, then, thus what Cole Valley Christian Schools needs to do. Seal: Okay. Commissioners, any other questions? Lorcher: Commissioner Seal? Seal: Go right ahead. Lorcher: So, you mentioned that you were in agreement with the things in the staff report. Does that include the pathways and street buffers to be constructed or is that still excluded on the perimeter of the property? Thowless: The -- the only gray area related to those pathways has to do with McMillan, because we don't control all the right of way along McMillan. In fact, we control the smaller portion. But there is no question or issues with the pathway requirements associated with Owyhee Storm or Ersatz. Lorcher: Okay. From the written testimony from Amber it had said in the -- the staff report previously that she requests not to be required to extend Owyhee Storm and Ersatz and the associated sidewalk pathways and street buffers to the northern boundary of the annexation area, just to the northern boundary of the school site, consistent with the revised phasing plan. But in the staff report that's what they do want you to do is to extend that out. So, are you saying that Cole Valley Christian is prepared to extend it out at this point or you still want that exclusion? Thowless: Well, we -- we did not have the staff report when Amber made those comments previously. The school still feels that and would still like and will be talking to ACHD about this, extending the road to the farthest driveway accesses to the site and possibly stopping there, as opposed to going to the -- Lorcher: Property line? Thowless: -- northernmost boundary of the site. But that's one of those details that need to be discussed with them. We have already mentioned it to you in the previous portion of the -- the public hearing. But we are not certain what benefit is to anybody to go beyond the -- those northernmost driveways. Though we do understand the city's policy with regard to wanting those roads to be built to the point where subsequent development can tie on to them. Lorcher: Okay. Thank you. Seal: Yeah. That was the other question that I had. I mean -- and it's more than policy. It's -- the city has no way to enter into a trust to ensure that those roads, should Cole Valley Christian School close, for instance. There is nothing that says that those have Meridian Planning&Zoning Commission June 15,2023 Page 6 of 52 to be created at -- you know, at a later date. So, the only way to ensure that is to have them built first. Commissioner Mr. Wheeler, Commissioner Smith, do you have anything else -- any other questions? Smith: Yes, Mr. Chairman. Seal: Go ahead, Commissioner Smith. Smith: The thing that I keep coming back to is kind of what you alluded to right now is the lack of teeth that we -- we have to ensure that that roadway gets developed at the very -- yeah, those purple roads on -- on the screen. I guess, you know, we were -- this is I guess a question for staff. You know, thinking through and -- and I apologize if I'm rehashing something that I have forgotten from the last hearing. My understanding of what we were kind of considering last time was, you know, completion of those roads prior to occupancy, which would be in phase one, like the staff report. Is there any way for us to enforce or -- or require completion prior to occupancy of the area of phase two? You know, that I guess occupancy of a specific portion of the property? Because I think there is -- I still think, you know, even if they are not building it, you know, if ITD is building it it needs to get built in some way to some extent and so I'm just curious about what the specifics are of what we can and can't enforce when -- when the -- kind of those -- that, you know, occupancy and things like that are -- that final sign off. Is -- is that for the entirety of the property at once -- in the completion of phase one or does that happen to phase two as well? Allen: Chairman, Commissioner, yes, we could hold up their certificate of occupancy on the second phase of development for the school for those improvements if you choose. Smith: Thank you. Mr. Chairman? Seal: Go right ahead. Smith: I guess I -- I would pose that question to the applicant. I know -- I know the goal here is to allow you to -- to save some capital and not spend that up front until you kind of need to. I -- I guess, you know, there -- there -- there is some -- there is some need to kind of meet in the middle. I think, you know, trying to make it, obviously, workable for -- for you, but also not, you know, leave the city in a bind should, you know, something happen. It is -- would that be an amenable kind of, you know, compromise I guess, if you will, that still -- still lets you, you know, complete phase one and have that -- that capital free to do so, but still you are hoping to ensure, you know, whether it's ITD, whether it's your ACHD, whether it's you, just ensuring that that is built, you know, by the -- you know, by the occupancy of that phase two structure. Thowless: Mr. Chairman, point of clarification. I'm looking at the -- the phasing plan that was submitted and in this phasing scenario the building might come after other infrastructure and site improvements specifically athletic improvements. Is the question being asked of the applicant whether the applicant is agree -- agreeable to complete the Meridian Planning&Zoning Commission June 15,2023 Page 7 of 52 -- both roadways per ACHD requirements to the northern boundary of the 48.48 acres prior to a certificate of occupancy for the building, which is what our exhibits identify as phase two. Is that what's being asked that we could proceed with phase one possibly without all those road improvements being completed, but prior to occupying the building and getting a certificate of occupancy for it the roads would need to be completed to the northern edge of the 48 acres? Smith: Mr. Chair? Seal: Yes. Smith: That -- that is my question and -- and, again, with the ITD component it is a question of not necessarily you -- you constructing them -- or the applicant constructing them, but ensuring that they are constructed. You know, whether that is, you know, you work that out with ITD, you know, based on the ownership and -- and what lengths they go to. The -- the goal is -- you know, the question is would you be amenable or agreeable to ensuring that full construction is done by the occupancy of that building in phase two -- or that's currently in phase two? Thowless: We can't answer the question definitively, because part of the -- a large part of the decision making here is going to be ACHD. But certainly completing the roadways to the northern edge of the 48 acres and not the full 70 is more agreeable to Cole Valley Christian Schools than completing it to the northern boundary of the entire parcel. But, again, ACHD may -- may weigh in and feel differently about this. Sonia, do you want to comment -- Smith: Mr. Chair? Seal: Go ahead, Commissioner Smith. Smith: Yeah. To clarify my position and my -- my kind of learning at the moment based on previous conversations and kind of the updated staff report, I'm -- I'm inclined to -- I have a strong desire for some way to ensure that the full 70 -- you know, the -- the road to the -- to the entire north of this parcel, including that, you know, purple highlighted road on this exhibit -- I'm sorry. I think you are referring to the full 70 -- to ensuring that that is built while the city is able to do so. While the city is -- is able to actually enforce something that ensures that gets built. Because as -- as the chairman said there -- there comes a point after occupancy that we don't -- unless there is some requirement to ensure that this is built prior to our sign off -- you know, the city's sign off, you know, there becomes a point where we can't control, you know, if Cole Valley moves to a different site or -- or something like that or some other, you know, scenario happens in which Cole Valley no longer is interested in building that road. We need to ensure that there is a way to -- to make sure that road gets built and so that's -- that's my -- my question is not so much about whether it's the -- you know, the full length or a partial length, I'm inclined to -- you know, I -- I -- I want to see a plan that includes that full length and kind of something more definitive for the construction or ensuring of the Meridian Planning&Zoning Commission June 15,2023 Page 8 of 52 construction of that full length. My question is more about timing that would be workable and not -- not overly burdensome to -- to enable the applicant to do so, while still ensuring that there is adequate capital -- not expending capital too early in the development, to -- you know, that can be used elsewhere. I'm trying to -- essentially I'm trying to find a way to kind of meet you halfway and say, okay, we won't -- you know, maybe if we don't require the entire construction during phase one, is there something -- is there a point at which it becomes more agreeable to still ensure the full construction, but at a later date prior to full occupancy while the city still has the ability to sign off on something. And that's -- that's my question and -- and if staff wants to, you know, comment on, you know, I guess different events or different points in the timeline which that could be possible or if the applicant -- you know, it's a question of -- of are we able to still -- you know, delay this -- push this back somewhat for you, while still ensuring that it actually happens. Seal: Bill, you want to address that? I mean we kind of addressed it last time, but if we rehash that is probably worthwhile. Parsons: Well, I think -- thank you, Chair, Members of the Commission. I'm happy to chime in on this topic, because as we talked about three weeks ago, it is an important topic and that's why we continued this item to get ACHD's comments. In looking at ACHD's staff report I agree with some of the findings of the applicant that it appears that ACHD is only going to require -- require the roads to be stubbed to the boundary of the school site and not the entire 70 acre site, which give staff, the city, some concern, because this site is 70 acres, it's not 48 acres, and so that's why whatever we do here we want to make sure we capture that in a development agreement, because, again, to Commissioner's point, we want to make sure -- we need to have the timing and the threshold for that. So, as I was listening to the discussion and -- and looking at this phasing plan, I agree with some of the commentary from the Commission that it doesn't make sense -- well, with the way they are phasing the project, phase one, there is really no structure. So, it's kind of difficult to hang them up on a temporary -- a certificate of occupancy if they are just doing a ball field. There is nothing there to hold up. But to your point, I like the -- the theory and the idea of holding up occupancy on the school building until such time as these things are -- are done, because that makes a lot of sense and it's pretty consistent to what we did with Owyhee Storm High School -- or Owyhee High School I should say. So, I think we can get there. Now, what I'm going to propose to the applicant is is at least for the western side of the road -- I mean I think that needs to happen sooner rather than later. It needs to happen with the second phase. That's where we can hold up occupancy. What I think we all agree on tonight's discussion is Ersatz and whether the timing is there. So, to me I think we can say -- you know, we can put a phasing or timing on that roadway and also put another caveat to that that says unless otherwise already constructed by ITD -- because until we have a conversation with them and get them to the table as to when this road could be built, it may be built before the school even gets started and, therefore, yes, do this before occupancy of the school or unless ITD has already constructed that portion of roadway. So, again, ITD is on the -- is committed to doing that roadway. They have to construct it as part of that road improvement -- the State Highway 16 improvement expansion. So, Meridian Planning&Zoning Commission June 15,2023 Page 9 of 52 we know it's going to happen. It has to happen. But, again, as we discussed it last -- last hearing, it's all about timing. The applicant testified at the last hearing that city utilities won't be available -- available for several years either. So, now we are talking about utilities, timing of roadway reconstruction and, then, trying to get it all to align, it -- it's a pretty complex scenario to try to make it all work and get it right and so, again, if it's something that the Commission wants to do this evening I think -- at least from staff's perspective I like the idea of prior to occupancy of the school building -- or a portion of that building -- phase two, however you guys want to have it in your condition -- at least Owyhee Storm has to be constructed to the northernmost boundary and, then, as far as Ersatz, I think we can be a little bit more flexible on that, because we know it's a timing thing. It's either the applicant does it or ITD does it and as long as we make it flexible for the applicant I think -- I think they would be more amenable to that. I would also mention to the Commission that staff is also going to meet with ACHD next week to get some clarifications on some of their conditions as well in the staff report and make sure that we are all heading into the City Council hearing aligned, just like the applicant is. We want to make sure we get a lot of these things buttoned up as we move through the hearing process. But those are my initial thoughts. Seal: Okay. Thank you. We appreciate that. Wheeler: Mr. Chair? Seal: Go right ahead, Commissioner Wheeler. Wheeler: So, just so I can recap kind of what I'm hearing here, because there has -- there has been just a lot of -- seems like roundabout discussion. I'm just trying to make sure that I'm understanding it clearly here. We can basically take care of the need for stubbing in the streets to the north through a DA agreement if we make it conditioned upon -- upon occupancy. Is that what I'm understanding? Seal: Correct. That's -- that is a -- that is a great Readers Digest version of it. Yes. Wheeler: Okay. Okay. And if that's -- if that's the case, then, can -- we can also let -- just let ITD go ahead and, you know, whenever they are able to build the road and they do -- and what portion of it that they do that's what it is and that way the school doesn't have to pay for more of what the city was already -- or ITD -- the state was going to go ahead and pay for. Seal: I'm -- I'm looking at Bill. I -- I believe what you are saying is correct, yes. Wheeler: Okay. So -- I mean that -- that's something I'm amiable for. That's something that I'm in support of. That sounds to be kind of a reasonable thing and, then, some of these things can be ironed out as the city talks more with ACHD just to get some clarity on that and make sure that there is -- there is a meeting of the minds. ACHD's intent is met. The city's intent is met. And the understanding of the applicant is -- is -- of what's going to happen and what they are saying is clear. So, we just remove that ambiguity. Meridian Planning&Zoning Commission June 15,2023 Page 10 of 52 That's something I would be in support of. I do have a -- kind of a different question here, though, for the applicant. Seal: Uh-huh. Wheeler: Yeah. So, Wayne, just a question here on -- last time when we met we talked about the phase one where the road on the east side just stubbed in at the very entry there on the southwest corner of phase one -- or the southeast corner of phase one and that's because -- and, then, that blue was going to be for phase two. But that's also part of what ITD might take care of -- or -- or not? Thowless: Mr. Chairman, Commissioner Wheeler, we are -- we are talking about the east side of the site. Ersatz. Is that correct? Because that's -- that's the road that ITD has committed to building. Wheeler: Perfect. Okay. Thowless: Is that right? Wheeler: All right. Thowless: Is that the -- Nate, you -- Wheeler: Ersatz. Yes. That's exactly what I'm understanding, too. Okay. So, that makes sense for it to just kind of stub in there and, then, the -- the landscape buffer, that was one of the things that we talked about, too, that on the future development of running from the western property line along -- along McMillan Road to the entry, that was something that the applicant, you know, just for the sake of saving funds and things of that nature, was -- was suggesting that not happen. But there was some conversation about that -- being able -- that to actually occur. Are you guys planning to going ahead and putting in that landscape buffer and barrier there along on the north side of McMillan Road? Thowless: Well, Mr. Chairman, Commissioner Wheeler, the -- the applicant, Cole Valley Christian School, still questions, at least from their perspective, the logic of -- of doing so when it doesn't -- likely will not extend the whole distance from Ersatz to Owyhee Storm due to right of way acquisition issues and doesn't connect or won't connect to any significant pedestrian circulation aspects of the school proper. All that said, ACHD has indicated that they want that portion done and the city does, so we are not going to jeopardize approval of this annexation and rezone over a pedestrian pathway and landscaping. We just made our request earlier in the public hearing at the last meeting, but it's -- we are not going to die on our sword over that issue. Seal: Okay. Any other questions? All right. Thank you very much, sir. Madam Clerk, do we have anybody signed up to testify? Meridian Planning&Zoning Commission June 15,2023 Page 11 of 52 Hall: We do not, Mr. Chair. Seal: Would anybody in Chambers like to come up and testify on this application? I'm not seeing anybody and I don't think there is anybody online. I don't see anybody raising their hand online as well. If there is nothing further to add, we will move on to close the public testimony portion. Is that okay with the applicant? Okay. Indicating yes. I will take a motion to close the public hearing for File No. H-2023-0011 for Cole Valley Christian School. Lorcher: So moved. Smith: So moved. Wheeler: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0011. All in favor please say aye. Opposed nay? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: Yeah. I will kind of lead off here. So -- here is the first thing I will say. If this were anything but a school I would be a hard no on this. Absolutely. A hundred percent. Timing doesn't work. You know, the -- the function doesn't work with the road problems that we have out there and when you read through the ACHD report it shows in there for nearly every single intersection clear over into Black Cat and McMillan and Black Cat and Ustick and places like that where it shows in 2025 it's going to be over the threshold. But here is how you mitigate it for that intersection -- or for this intersection. Meanwhile, the road lengths in between -- there is no mitigation for that. It's already a mess over there. The traffic study is based on 2021 findings. You know, we are in 2023 and there has been a lot of growth over there. The city is still learning a hard lesson from putting a high school over there. I live in that area. I have to deal with that every day. So, thank goodness it's summer. But that's -- that's kind of where I'm at with it, is I -- I don't want to say no to a school, but at the same time I just don't think the timing of this project works. There is just too many unanswered questions. There is too many things that are going on that could of, should of, would have, might, maybe, should. You know, there is too much of that going on with this. So, I -- I would love to see this go in, but I would love to see it happen when there is -- you know, when there is very solid -- or there is commitment legally from ITD, as well as more completion of the State Highway 16 project, as well as some of the other road improvements that are going to happen out in this area, because I can tell you right now it is a mess. So, as far as the project and -- and what the school is -- is offering here I think it's a -- you know, I kind of question the layout and some of the traffic circulation, but I'm not a traffic engineer and I can't tell you how -- you know, there is -- there is a thousand ways to do that, so -- my son goes to a school where traffic is, you know, horrible. So, it seems like that's an issue with kind of every school for, you know, a couple times during the day. But, you know, happy to see that this is -- that Cole Valley Christian School wants to Meridian Planning&Zoning Commission June 15,2023 Page 12 of 52 continue to develop in this area, to expand in this area. Very excited about those things. I'm just not excited about doing this project in this location at this time. Anyone else? Wheeler: Yeah. Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: I -- I have -- so my background is that I went to Nampa Christian and so, obviously, I will be voting no on this. No. I'm just kidding about that. That's just a joke. But, no, my -- my education has been through parochial schools and so I understand the fundraising side. I understand the building side. I understand the -- the difficulties on -- on -- on the timing and all those kinds of things when you don't have -- when -- when your funding source is largely donations and very good stewardship of such donated funds. I'm -- I'm of an opinion that I think if we could move forward with a DA agreement that would settle out some of the things that were discussed, I think it's something that might be able to -- to -- to -- just to have a win-win, as long as that DA agreement, you know, mitigate some of these concerns. I like the idea of -- of the school being there. I'm -- I'm with you, though, Mr. Chair, that, you know, traffic concerns are -- are -- are a priority and an issue. I -- I do see that they are -- they are trying to grow and -- and get -- get a large campus that will be a -- you know, a long future home for them and -- and in the growth -- and in the path of growth. So, I -- I see those things and I'm like this is a good -- this is a well thought out plan and idea on it, so -- so for me, with some of that sympathy from my upbringing and education and understanding, that I think we can mitigate a lot of these issues or at least put safeguards, I should say, for some of these concerns in the DA that -- that might help with everything from the traffic to the roads and everything else like that and I agree with you, too. If this was not a school, yeah, I think the -- I think the hearing would have been done last time that they were up in front. But I think -- I think that -- that's why I'm -- I'm in support of something like this, as long as we can put in good DA parameters. Seal: Okay. Thank you. Commissioner Smith? Commissioner Lorcher? Smith: Mr. Chair? Seal: Go right ahead. Smith: I hate being the person who shrugs his shoulders and goes, well -- well, this -- this is tough. But, yeah, it absolutely is. And I -- I -- I'm -- I'm personally in agreement with you, Mr. Chair, that -- that this is -- if this weren't a school. So, it would be quite an easy no. But, you know, I -- I think there is -- well -- and, you know, when -- when different applicants come in and there is different testimony around the disruption that construction creates, the disruption that growth creates, et cetera, you know, part -- part of the understanding is -- is that, yes, sometimes this is disruptive, but in the long run it is a -- the benefit to the community -- you know, it is worth it. Now, you kind of get into a balancing test with that and -- and -- and there I still have some unresolved questions Meridian Planning&Zoning Commission June 15,2023 Page 13 of 52 around -- you know, around timing, around commitments, around traffic flow, et cetera. I -- I will say I -- I -- I -- I tend to agree a little bit with Commissioner Wheeler of -- of -- if -- if we are able to nail kind of a DA and -- and, you know, where properly -- you know, make it hit the right items then -- then, you know, a lot of my concerns are -- are -- are still there, but they are much -- you know, they are lesser. My -- my issue is I don't -- I still don't know if I know enough to know what kind of nailing is -- it looks like and so -- so, there are some aspects -- I think, you know, Ersatz and Owyhee Storm we have we have identified, you know, some of those, you know, possible outcomes, but are are those the -- are those the best outcomes around timing. You mentioned, you know, timing around utilities, utility availability and things like that and -- and I'm -- I'm -- I -- this location I -- I think in the long run will -- you know, this -- this -- this will be -- this can be a strong location for -- for the site. I think where I most -- where I agree with you the most is just around the timing and, you know, I -- I don't know that I have an answer to that. I just want to get, you know, some of those thoughts out there, you know, partially thinking out loud and partially kind of calling into the void for -- for help on some of these -- these things, specifically around timing. I'm seeing if anyone has any ideas around that. Yeah. Seal: Commissioner Lorcher, go ahead. Lorcher: I actually like the phasing of this, so that the sports opportunities are ahead of the school. You are severely limited in what you can do over at your location at Carlton. My kids went to Meridian High School and they never were in a school that wasn't under construction. So, I understand how education can be challenging. Like Mr. Wheeler I was in parochial school my entire school, but it was all girls, so we didn't have -- we didn't have sports back in those days. But, anyway, I live in the impact area of Highway 16 and there is movement. There is development. It is happening. I think they still have some right of way issues that they have to resolve. I have become very friendly with the project manager with Highway 16 and I feel like they will do what they said they are going to do. So, as far as timing is concerned, that's really on the applicant, you know, when they are building their building and every -- all that construction is happening at the same time and your population will know that at that time and they can make those choices if they want to get involved in that traffic or not. So, like the other Commissioners, I -- I support the phase two occupancy for the motion and -- but at least in the next year or two we have got a very generous place for the kids to play sports. Wheeler: Mr. Chair? Seal: Go ahead, Commissioner Wheeler. Wheeler: So, Commissioners, can we just possibly talk through what would be a win- win solution for -- for us to include in the DA? It sounds like part of it would be occupancy being held up until the roadway on Ersatz is -- is extended. I don't know how to say that -- to where the blue line is at on this picture. I don't know how -- the right verbiage for that. Is that something that -- there we are -- we are all in agreement on? Meridian Planning&Zoning Commission June 15,2023 Page 14 of 52 Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: Yeah. Just -- Commissioner Wheeler, so my understanding of what the conversation was and kind of where I -- I landed was that occupancy of that school building being conditioned upon the construction of Owyhee Storm through that purple line and the construction of Ersatz, unless otherwise constructed by ITD. So, the full purple line, not just the blue line prior to occupancy of the school building. Wheeler: Okay. Smith: The idea is also just flexibility of who builds that Ersatz specifically. Seal: That's my understanding as well, is the occupancy would be contingent upon the completion of those two roads and the verbiage of that for Ersatz to include whether that be done by the occupant or ITD. Lorcher: Can I give it a go? Seal: Absolutely. Lorcher: All right. You can correct me if I'm not doing it right, but let me give it a go. After considering all staff, applicant, and public testimony, I recommend to approve to City Council File No. H-2023-0011 as presented in the staff report for the hearing date of June 15th, 2023, with the following modification: All detached sidewalks, multi-use pathways and street buffers along public streets, McMillan, Owyhee Storm, unless already constructed by ITD, will be completed before granting a certificate of occupancy. Seal: Did you include -- Wheeler: I would second that. Seal: Did you include Owyhee Storm and Ersatz? Lorcher: McMillan, Owyhee Storm and Ersatz. Seal: Okay. Does the second still stand? Wheeler: Yes. And I'm just clarifying, too, when you are saying occupancy, you are talking occupancy of the high school -- Lorcher: Correct. I don't think they need -- Wheeler: -- building. Meridian Planning&Zoning Commission June 15,2023 Page 15 of 52 Lorcher: -- occupancy for the sports area. Wheeler: Because they have other buildings on site and I just wanted to just double check on that. But that's the main one. I just wanted -- I want it just to be very clear. Lorcher: Okay. So, we can say certificate of occupancy for the high school -- the school. Because it's more than just high school. Wheeler: Okay. Yeah. I would second that. Seal: Okay. It's been moved and seconded to recommend approval to City Council of File No. H-2023-0011 as presented in the staff report with the aforementioned modifications. All in favor, please, say aye. I am a nay. But the motion passes. MOTION CARRIED: THREE AYES. ONE NAY. THREE ABSENT. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: I just want to make one extemporaneous comment here to -- to Superintendent Allen. I just wanted to thank you for your stewardship on -- of the school through its many decades in existence and how there has been a long chain of people that have supported such -- the school's education and what you are doing there. I just want to just acknowledge that and say good job and I hope that -- that what's gotten you this far will continue to move you forward. 4. Public, Hearing continued from 5-4-2023 for Costco Development (H- 2023-0007) by Barghausen Consulting Engineers, Inc., located at 3403 W. Chinden Blvd. A. Request: Development Agreement Modification to the existing Development Agreement [Inst. #2018-069276 (H-2018-0004), amended as Inst. #2018-114828 H-2018-0066)], which currently prohibits deliveries from occurring between the hours of 10:00 pm and 5.00 am to prohibit deliveries from occurring between the hours of 11:00 pm and 3:00 am. B. Request: Conditional use permit to allow extended business hours of operation from 6.00 am - 11.00 pm to 3.00 am - 11.00 pm. Seal: Thank you, Commissioner Wheeler. All right. Thank you everyone for getting through that one. Right now I would like to continue the public hearing for File No. H- 2023-0007 for Costco Development. Am I -- I was going to say, you looked at me like I'm out of sync here. Meridian Planning&Zoning Commission June 15,2023 Page 16 of 52 Allen: Mr. Chair, Members of the Commission, you don't want to continue the hearing, you want to open the hearing -- the continued hearing; correct? Seal: I thought we had continued this before. Allen: It was a continued item, yes. I'm sorry. You -- Seal: Am I okay? Allen: -- threw me. We will go forward. Seal: I have said things incorrectly before. You are correct. Allen: All righty. So, we have the conditional use permit before you tonight. The site consists of 17.2 acres of land. It's zoned C-G and it's generally located at the southwest corner of West Chinden Boulevard and North Ten Mile Road at 3403 West Chinden Boulevard. This property was annexed back in 2018. A development agreement was approved as a provision of annexation that was later amended. It prohibits trucks from delivering merchandise between the hours of 10:00 p.m. and 5:00 a.m. The Comprehensive Plan future land use map designation for this property is commercial. The applicant is requesting approval of an amendment to the existing development agreement to change the restriction on delivery hours to prohibit deliveries between the hours of 11:00 p.m. and 3:00 a.m., which is one hour later at night and two hours earlier in the morning. This application does not require action from the Commission, only by City Council. An associated conditional use permit is also requested for the proposed extended delivery hours, as the C-G zoning district limits business hours of operation from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. Extended hours may be requested through a conditional use permit as requested. The reason for the applicant's request is to improve warehouse logistics and alleviate congestion during the morning and evening hours at the loading docks. An increase in the volume of truck deliveries is not proposed. Two delivery trucks, occasionally three, are anticipated between the hours of 3.00 a.m. to 5.00 a.m. The modified hours will allow trucks to deliver goods upon arrival, instead of waiting in queue during restricted hours, which forces multiple trucks to wait overnight in the parking lot, causing congestion in the morning hours and puts pressure on warehouse staff to work faster than normal to clear the backlog. Likewise, there is pressure to finish deliveries by the evening cutoff time, so that trucks don't have to wait overnight. These issues would be alleviated by extending the hours for delivery. Noise generated from deliveries after the semi trucks are parked at the loading docks consist of engine idling, backup beepers from the forklifts that are unloading, traveling into the trucks and, then, backing into the warehouse to stack the palleted merchandise and bang noises that radiate from the trailers when the forklifts enter and leave the truck created by the small elevation change between the trailer bed and the loading dock leveler. There is a total of four loading docks located on the northwest corner of the building. Right here. It's circled in red. Single family residential homes in Bainbridge Subdivision are being constructed -- constructed directly to the west of the site and are still under ownership by the Meridian Planning&Zoning Commission June 15,2023 Page 17 of 52 developer. Olivia Apartments exist to the south of this site. There is approximately 115 feet between the west side of the Costco building where the loading docks are located and the rear lot lines of the nearest residential property. On the south side there is approximately 80 feet between the south side of the Costco building and the backside of the nearest apartment building and over 350 feet from the loading docks. A dense landscape buffer with a six foot tall solid wood fence exists between Costco and the residential uses to assist in buffering and noise mitigation. A sound measurement report was submitted that finds the proposed extended delivery hours will not create significant impacts. During the public hearing before the Commission and City Council for the annexation of the subject property for future development of Costco Wholesale, much testimony was provided from neighbors pertaining to the impact the Costco development would have on their quality of life. Many of the concerns noted pertained to noise, including noise generated from deliveries and trucks idling waiting to unload. To address neighbors' concerns the applicant committed to restricting the hours of operation so that no deliveries would occur between the hours of 10:00 p.m. and 5:00 a.m., stating that they would have the ability to stage deliveries because the trucks come from their own depots. That apparently hasn't been happening, as a side note, because trucks have been staying overnight, which shouldn't be happening. Written testimony in opposition of the proposed extended delivery hours has been received from adjacent residents as follows. A petition -- a petition was received with 33 signatures from the residents of Cadence, Bainbridge Subdivision, the western occupied portion of Bainbridge to the west of this site. A letter and five videos were received from Megan Coleman, Table Rock Management, on behalf of Olivia Apartments directly to the south, with evidence obtained from their own investigations of Costco's delivery truck, noise and its negative impact on their residents, which totaled approximately 122 people. A letter was received from Wade Ramsey from the homeowners association board of directors of Bainbridge Subdivision, which lies south of West Lost Rapids Drive and west of North Tree Farm Way. The primary objection noted is the use of the Tree Farm and/or Lost Rapids Drive by delivery truck traffic creating noise pollution and impacting sleeping residents in the surrounding community. In addition, the letter requests the modification to delivery hours is denied or at a minimum stronger action and street signage, including pavement markings, are required to make it clear that semi trucks may not utilize Tree Farm or Lost Rapids Drive to access and/or depart the site consistent with the access requirements in the development agreement and I will just note that real quick. The DA states the primary service access for Costco delivery trucks and other local vendors shall be from the driveway access from North Ten Mile Road, approximately 660 feet north of West Lost Rapids Drive. The driveway access from Lost Rapids Drive -- driveway approximately 350 feet west of Ten Mile Road may be used when access to the Lost Rapids and Ten Mile traffic signal is needed. A note through traffic -- no through truck traffic sign was required to be installed between the North Tree Farm Way intersection and the West Lost Rapids Drive service driveway access, which has been done. Three other letters of opposition were received from Mike and Melissa Bernard, Roger Nielsen and Liz Criddle. Again all in opposition. Because of the great amount of testimony provided from neighbors that resulted in the current limitation on the business hours of operation and the great amount received in opposition to the proposed modification, staff is not in Meridian Planning&Zoning Commission June 15,2023 Page 18 of 52 support of the change that would likely increase the negative impact on adjacent existing and future residents in the vicinity and thus recommends denial of the conditional use permit. Staff will stand for any question. Seal: Thank you, Sonya. Would the applicant like to come forward? Good evening, sir. Just need your name and address for the record, please. Ferko: Can you hear me? Seal: Yes, sir. Ferko: Hi. Good evening. My name is Chris Ferko. I'm with Barkhausen Consulting Engineers. Do you need my address as well? Seal: Yes. Ferko: 18215 72nd Avenue, South Kent, Washington. 98032. Seal: Thank you. Yep. The floor is yours. Ferko: All right. Thank you. Thank you for listening to our request tonight. I want to first introduce some people that are with me. John Ellingsen, who is a Costco Real Estate director, as well as Michael Yantis, who is an acoustical consultant who prepared the study that's before you tonight and what I want to do is run through a -- a PowerPoint presentation here and sort of read through some notes relative to our proposal. First off, though, I want to thank staff for their help with the application. They have been terrific throughout. We just respectfully disagree with their recommendation. So -- how do we change -- Allen: You should be able to hit the arrows on the keyboard or use the mouse. Ferko: Okay. There we go. Great. Thank you. So, Costco standard is to avoid conditions of approval affecting its business operations. However, Costco heard the neighbors concern several years ago and attempted to address them with the modified receiving hours, as well as good site design and defined delivery routes. We feel that this proposal falls within the spirit of that condition. Now, that Costco has been operating for the last several years it has found that completing all deliveries during the restricted time frame has been very difficult. While Costco can schedule delivery times at the depot, it cannot control when the deliveries show up at the site due to traffic. Consequently, there has been more idling, on-site maneuvering, queuing and challenging receiving operations and -- and just to clarify with regard to the trucks overnight, we -- we confirmed with the warehouse management that trucks do not -- are not allowed to wait on site overnight. So, if they missed the delivery window they are they are told to come back the next day. Costco considered options to address this problem. First reducing the volume of trucks, which isn't an option, because it will decrease the availability of goods inside the warehouse. Also expanding the receiving Meridian Planning&Zoning Commission June 15,2023 Page 19 of 52 docks isn't possible, because there isn't enough room to the west. So, Costco commissioned a professional sound study to evaluate and expanded delivery window for the same volume of trucks. So, the sound study collected data for two days along the south and west property lines and, then, evaluated the -- the data according to HUD guidelines. HUD guidelines are the most accurate method of assessing the acceptability of noise in a residential area, including sounds that have the potential to cause sleep interference. They acknowledge that windows could be opened or closed at the discretion of the resident. The HUD guidelines for acceptable residential use is 65 decibels or less. The predicted sound levels at the residences to the west are well within this guideline. Notably, the city's original decision anticipated that there would be homes next to loading docks and required the construction of a roughly six foot berm and, then, a six foot fence. The houses on the other side of the fence are also restricted to one story in height. The homes that are further back are protected from noise by intervening buildings and landscaping and the attenuation of sound over distance. Oh, I should make a clarification on this slide relative to the box trucks before 8:00 a.m. So, Costco is -- is not proposing that type of restriction. They are proposing no trucks whatsoever going behind the warehouse. So, that's a restriction that they will put in place. Also the original decision restricted truck routes. Trucks are required to use the north driveway on North Ten Mile Road. Trucks can also use the driveway on West Lost Rapids Drive to access to the signal at North Ten Mile Road. Finally, semi trucks are not permitted to travel behind the warehouse. In fact, all trucks will not be allowed. To make sure that trucks follow the correct route Costco will install wayfinding signs and provide directions to delivery drivers at the depot. Costco will also prohibit all trucks behind the warehouse. This addresses two key community comments. First off, the trucks are not traveling behind the warehouse as was a primary concern of the Olivia Apartment complex to the south. The noise of trucks traveling behind the warehouse was a concern of theirs. This proposal to prohibit trucks going behind the warehouse addresses that. Second, the trucks will not travel on West Lost Rapid Drive. As staff just mentioned there is a -- a sign posted that shows that no trucks are allowed to go that direction. That was a concern of that neighborhood as well. So, in summation, the additional delivery hours will provide Costco with the flexibility to resolve periodic variations in delivery times and minimize the time that delivery vehicles spend on site. The site sign travel routes and operation will maximize sound attenuation to adjacent residential properties. As such the request to extend the receiving time one hour in the evening and two hours in the morning is consistent with the intent of the original approval. It is also consistent with Costco's intent to being a good neighbor and a successful business in the community. So, that concludes my comments. Our team is available to answer any questions you may have. Seal: Commissioners, do we have questions, comments? Commissioner Smith, Commissioner Wheeler, anything to question or -- Smith: Mr. Chair? Seal: Go ahead, Commissioner Smith. Meridian Planning&Zoning Commission June 15,2023 Page 20 of 52 Smith: I -- I have a lot of questions on this, to -- to be frank and perhaps this is -- because this is -- I haven't been at the previous hearings on this prior to its continuance. But I -- I guess my -- my main question for the applicant beyond convenience and -- and, you know, marginal logistical strain, is -- is there anything about the current delivery, you know, the -- the current statute -- or current law around when Costco is able to receive shipments that is overwhelmingly harmful to the operation of the store, beyond, you know, logistical issues of -- of -- of, you know, I guess more marginal concern. I'm asking I guess is are there any severe impacts of things as they stand to Costco's business and ability to operate? Ferko: The -- the impacts are that there is some congestion that occurs basically in the middle of the day -- of the day when there are both delivery trucks, smaller delivery trucks kind of competing a little bit with trucks that come to pick things up at the warehouse and leave and so the issue is with all that activity going on there is a lot of movement outside and inside the warehouse that causes some concerns, not just with logistics, it can be a safety consideration as well and, ultimately, it just makes it very difficult to -- to get all the deliveries made in time and everything tends to back up and so -- so, it's -- it's a concern that has brought us here to request this approval. Seal: Okay. Thank you very much. Ferko: Thank you. Seal: Madam Clerk, do we have anybody signed up to testify? Hall- We do. Wade Ramsey. Ramsey: Good evening. My name is Wade Ramsey. I live at 4013 West Lost Rapids Drive in Meridian in the Bainbridge Subdivision. I did send a slide over with a map this morning that would make it a little easier to identify our area. If you can. Allen: I'm sorry, I didn't hear you. Ramsey: If -- if there is a slide -- I e-mailed a slide -- a slide to the city clerk this morning. It would be easier to identify our neighborhoods involved. Hall: Sir, may I ask are you representing an HOA? Ramsey: Yes. Bainbridge. Hall: Thank you. Seal: Madam Clerk, do you want to go ahead and reset the timer on him. Hall: Sir, around what time did you send the e-mail? I'm sorry, I'm having trouble finding it. Meridian Planning&Zoning Commission June 15,2023 Page 21 of 52 Ramsey: About 11:00 o'clock this morning. Hall: We found some, but -- Ramsey: That's fine. Hall: What name on the e-mail would it be coming from? Ramsey: It was under my name and it was a PDF. Hall: Ramsey? Ramsey: It was a Google Maps PDF is what it was. Starman: Sir, if you would like, we could probably have staff put a Google map up on the screen for you. Ramsey: If you can do that that would probably be sufficient. Starman: If that would work. Ramsey: If you can do that that's sufficient. Starman: Sonya, is that possible to -- thank you. Hall: Sir, I apologize, I do not have record of that e-mail. Ramsey: That's fine. Can you pull up a Google Maps of the area? Hall: They are working on it, yes. Ramsey: Great. Thank you. I will continue, then if that's okay. So, I'm president of the homeowners association for Bainbridge. I'm here representing the 572 homes -- or about 1,100 voters that live within our community. Thank you. By the way. In -- on that map the loop of Lost Rapids to Tree Farm, which is the south and west of the Costco, that's my neighborhood Bainbridge. Immediately south is the Olivia Apartments and immediately west of Costco is the Cadence at Bainbridge neighborhood. I suspect you are going to hear from both those groups tonight. For Bainbridge the board membership has discussed this proposed conditional use permit change and is in opposition to this change as initially outlined in my letter of May 1st. Our current concerns are related, like the Olivia property and the Cadence property, to the increase in noise and traffic, especially in the middle of the night. The current conditional use permit does not permit deliveries between the hours of 10:00 p.m. and 5:00 a.m. Costco assured area residents, as noted on page seven, paragraph three, of the staff report that they had full ability to control the delivery times, because those trucks were coming from their own distribution centers. As noted it's not clear why that has Meridian Planning&Zoning Commission June 15,2023 Page 22 of 52 suddenly changed. At our May board meeting and our June annual meeting for Homeowners this issue was discussed. The board unanimously agreed to engage on this issue and stand in opposition. Our membership was also overwhelmingly opposed to this change. This is an important issue to my community. We have also serious concerns that Costco has not lived up to the existing conditional use permit and its provisions related to truck traffic. Currently inbound truck traffic comes north on Ten Mile, turns west onto Chinden and enters the Costco lot nearest the loading docks via the northwest entrance. Outbound semi trucks are to exit reversing the same path, leaving via the northwest entrance to the -- of the Costco area, turning east on Chinden and, then, south on Ten Mile Road to get back to the highway. In rare circumstances if an outbound semi truck needs to go west on Chinden they are allowed to exit on the southeast of the Costco property immediately east of the Olivia Apartments turning east on Lost Rapids to the intersection of Ten Mile and, then, using the intersection signal to go north on Ten Mile and, then, west on Chinden. Again -- thank you. The current CUP does not permit any of that traffic for deliveries between 10:00 p.m. and 5:00 a.m. and does not permit any inbound traffic regardless of time via Lost Rapids. However, as outlined in the Olivia documentation online and observed by our own membership, semi trucks do, in fact, enter the Costco property via the Lost Rapids Road, including during the 10:00 p.m. to 5:00 a.m. prohibitive window. As required by the existing conditional use permit, there is a small, perhaps ten inch no truck traffic -- through traffic sign on Lost Rapids after turning west from Ten Mile. It is located among other signs and is easily missed. The map shows location -- it is on the northwest corner of the Ten Mile and Lost Rapids intersection. Like I said, it's about a ten inch sign. That sign may be seen by a truck driver after he or she is already on West Lost Rapids Drive and by then it's too late to do anything other than proceed down West Lost Rapids Drive. There should be a no truck traffic sign on the intersection turn signal posted to indicate no trucks can turn left from northbound Ten Mile onto Lost Rapids. There is not. More concerningly, we have observed semi trucks exiting the Costco property via the southeast and turning west onto Lost Rapids. Those trucks, then, pass Keith Bird Legacy Park, down Tree Farm Way and use the intersection light with Chinden to go west on Chinden. That path is expressly prohibited by the current conditional use permit, but there is no street markings or signage anywhere to communicate that to drivers. We have been told that before that there would be and there was not. The noise of semi truck engines, brakes and driving is a problem for all those homes along the Lost Rapids and Tree Farm route, including during the prohibited times. Beginning at 7.00 a.m. each morning there are several school bus stops along Tree Farm and Lost Rapids and children crossing the road. There are children throughout the Olivia Apartments, Keith Bird Legacy Park and the bike paths that are on both sides of Lost Rapids and Tree Farm Way throughout the early morning hours and daytime. While we wish they would all be careful they aren't and anything we can do to minimize truck traffic along that Tree Farm, Lost Rapids loop would be wise. While our current state is problematic from noise and semi truck perspective, we fear this will only get worse once Chinden -- the Chinden Road widening project is completed and Chinden is four lanes all the way to the Caldwell interchange and I-84. For trucks needing to go westbound on Chinden there must be more structural or education around that drive path. I would remind the Commission Members of the findings on page 12 of the revised staff report. Meridian Planning&Zoning Commission June 15,2023 Page 23 of 52 There are eight applicable findings and four of those encourage denial of this request. Finding two, which concerns the proposal being harmonious with the Meridian Comprehensive Plan. The finding is that it is not harmonious. On finding three concerning whether the change will be compatible with other areas in the neighborhood, the finding is that is not compatible. Funding four concerning that it is not -- does not adversely impact other properties. The finding is that the proposal will adversely affect -- affect the neighboring properties. Finding number seven concerning whether or not the proposal will be detrimental to any persons, property or general welfare. The finding is that it will be detrimental. As mentioned this is an important issue for our 572 homeowners. We are unhappy and opposed to the current way semi trucks enter and exit the Costco property, including after 10:00 p.m. and before 5:00 a.m. as permitted. The trucks create noise we did not anticipate. At times we were told they would not. The semi trucks take a route through our neighborhoods we were promised that they would not. At times they should not. We are opposed to any change that would relax the existing conditional use permit and, if anything, we would ask to see a change that is more restrictive than anything else. Thank you. Our residents in Bainbridge voters appreciate your time and attention. Seal: That wasn't your timer. That was just an Amber Alert. Ramsey: I thought it might be. Any questions for me? Seal: Commissioners, do you have any -- do you have any questions for Mr. Ramsey? None? Okay. Thank you very much. I appreciate it. Hall- Angela Ware, if you can, please, unmute. Ware: Hi. My name is Angela Ware and I work with the management of Olivia Apartments, which is just south of the Costco. We have said the majority of -- or a lot of what we were going to say, but in general we went out in the mornings and listened for the sound. There are some berms there just south, but we have units that are on the second and third floor which do not have any sound attenuation. That is the -- that could be and is impacted by the trucks and increasing the time period for which they can do that -- I understand that they speak about it not coming around the drive aisle, but what we found as -- as Wade spoke, was that they are not also supposed to be coming through North Lost Rapids and yet they -- they -- we found that they were doing that and on that side when they are come in through that drive aisle on North Tree Farm Road there are no berms and no separation for those residents who are sleeping. So, we find that impacting -- you know, the greatest impact being that we can do signage and that still may not prevent trucks from going in directions that are impacting to our residents and it's about 122 residents that are impacted and we found that, you know, sleep interruptions can happen -- or the World Health Organization said that sleep interruptions can happen at 45 decibels and my understanding from the Costco report was that it was based on windows being closed, the decibel levels and, you know, would hate to require residents to not -- not be allowed to open their windows if they want to get fresh air in the evening. So, for that reason we oppose this change. Meridian Planning&Zoning Commission June 15,2023 Page 24 of 52 Seal: Thank you very much. Commissioners, do we have any questions? No? Thank you. Hall: I'm sorry. Is there as Megan Coleman also with you? Ware: She is with me, but I am speaking on her behalf. Hall: Okay. Thank you. I have no one else signed up. Seal: Is there anybody else in Chambers that would like to testify? Come on up. I was going to say raise your hand, but you beat me to it. So, you are good. Criddle: Can you hear me? Seal: Yes, ma'am. Criddle: All right. My name is Liz Criddle and I'm at 6215 North Vicenza Lane. I just wanted to add to Wade and what the staff report said. Costco is not complying to their delivery hours as of now. My husband has called the warehouse and he actually called the police and they asked, well, what are you calling me for? So -- because at one point I think we were told to make an official police report that there are -- is noise. Sometimes it's 3:00 a.m. He is waking up quite often and I hear it, too. It's the forklift. It's not necessarily the beeping, it's the forklift and I thought it was a trash compactor just going pound, pound, pound. But that's all I wanted to say is that Costco is not following the guidelines that they said they would. I understand it's tough and trucks do park in the parking lot overnight. I'm there, I can see it, and I have seen them driving behind the warehouse as well and like -- like when they start they can't stop, you know, no way to do a u-turn. But, anyway, that's all I wanted to say, that they are not complying now and didn't even think about the increase in traffic when I -- when Interstate 16 goes through. So, anyway, that's all. Seal: Thank you. Criddle: Thanks. Seal: Appreciate it. Criddle: Can Igo? Seal: Yes, ma'am. Is there anybody else in Chambers that would like to testify? Anybody online you can raise your hand? Seeing none, Commissioners, if we have no further questions -- or sorry. I'm -- I'm at the wrong point right now. So, would the applicant like to come back up. Ellingsen: Good evening. My -- my name is John Ellingsen. I'm with Costco Wholesale Real Estate. My address is 999 Lake Drive, Issaquah, Washington. 98027. So, again, Meridian Planning&Zoning Commission June 15,2023 Page 25 of 52 thank you for your time this evening. We appreciate all of the -- the -- the neighborhood comments. We did, as a matter of course, meet with several groups or two groups, excuse me, both with Olivia and I believe it was the Bainbridge Development as well, but, again, I want to reiterate that our intent here is to remain compliant with the spirit and intent of the original condition. We are not asking to eliminate the condition, we are just looking for a minor modification in order to allow us to operate more efficiently on site and so with that, as we were tasked with this request, we wanted to ensure that we could move forward with something that wouldn't introduce a new impact or increase in impact on our neighbors. We wanted to continue to be a good neighbor and -- and operate harmoniously with both the established commercial side of things, as well as our residential neighbors to the south and to the -- and to the west. So, with Mr. Ramsey's comments talking about the truck route on Lost -- on Lost Rapids, my understanding of that original condition was that the Lost Rapids access was made available only during those times that the driveway off of Ten Mile Road was congested. So, it was a secondary route, if you will, to eliminate trucks from lining up on Ten Mile and not being able to make that left turn if they are able to get in on -- on -- on that first. If that's a misunderstanding and we need to clarify that, we are more than happy to do that. But that's how we were operating on -- on -- on the site. In terms of trucks traveling further to the west on Lost Rapids, I'm not aware of that particular issue and we don't allow our trucks to -- to run that -- that direction. It's possible that there is a lot of other commercial activity in the area, perhaps those trucks are there and we would be more than happy to work with staff to come up with better signage there for that contingency, but understand that we can continue to educate our drivers to avoid -- avoid that -- that route. So, I -- I think that addresses Mr. Ramsey's comments. Ms. Ware from Olivia Apartments -- we understand those concerns and clearly those apartments with particularly three third floor apartments adjacent to our south drive aisle could be problematic. So, we do recognize that and are going to fully restrict any truck movement on the south side of -- of our site. That's not to say that there -- there won't be vehicles that drive back there periodically. Those things are going to happen. It's a fire access. It's an open area that we do need to maintain and so it's possible the videos that we did receive and the -- the sound readings I believe was a truck with a trailer. It wasn't a delivery vehicle for Costco that was using -- using that, from what I recall. But moving forward we will -- we will ensure that that -- that restriction remains in place. And, then, Ms. Criddle on -- on her -- her last comments, I think echoing Mr. Ramsey, the issue of Costco not complying with the current conditional use permit I do take some exception there. We work very hard to comply with decisions of approval, conditions of approval and ensuring that we are -- we are a good neighbor here in Meridian and I think there are -- there are other commercial developments in the area. We can't control those. If trucks do happen to come on site after hours unscheduled, that's a problem that we will continue to -- to work on. But those kinds of things are outside of our control and we do our best to maintain those things that are in our control to, you know, hopefully be a good neighbor to both Olivia Apartments and Bainbridge. think that addresses all of the comments that we heard, but if there are any other questions I'm happy to address those. Seal: Okay. Commissioners, do we have any further questions for the applicant? Meridian Planning&Zoning Commission June 15,2023 Page 26 of 52 Smith: Mr. Chair? Seal: Go ahead, Commissioner Smith. Smith: I guess a -- a question for the applicant that out of -- out of curiosity. Have you personally lived near -- in -- in a situation near a site that regularly reaches these decibel levels -- you know, a freeway off ramp, a warehouse, anything like that? Ellingsen: I'm sorry, could -- could you -- I -- I had a difficult time hearing that. He was asking if I had personal experience? Seal: Uh-huh. Smith: Yeah. Or any of the applicant -- of the applicants -- you know, any of the applicants here have you personally -- Ellingsen: Yeah. Well, I -- I would -- I would answer that with, you know, I have -- I have worked with -- with Costco -- for Costco program for over 20 years, an employee for the last two and a half and in the development world for 30 years and we base our sound design and operations off of quantifiable objectable -- objective -- objective data, not off of, you know, a presumption or a feeling that something may be an impact. So, I say that, because when we evaluate issues like this, to ensure that we are doing the right thing and moving forward with a sound proposal, we -- we determine the facts and evaluate those to make a decision. We try to keep subjectivity and feelings out of those decisions to ensure that we are not creating an impact. Smith: Mr. Chair? Seal: Go ahead. Smith: I -- I respect that. I think part of what is at question here is -- at least for me personally is the reliability of some of the data, the -- the weight placed on some of the data and while we could have a larger philosophical discussion about this, I will admit -- I will admit the gist of this is that subjective experiences do tend to shape the interpretation of objective data and so that's why I was asking and you don't need to to answer that, that's -- having lived near an off ramp that was under construction and and repair for some time, I could personally attest that I have never been more fatigued and tired than I have been in those six months of my life and while 40 to 50 decibels might not be earth shatteringly loud or, you know, your drum rupturing, the equivalent of someone starting a conversation in your home certainly with someone -- you know, especially folks who might have insomnia or things like that, it certainly can be waking and can impact sleep quality. So -- so, that -- this is my issue and -- and I will leave it open for you to comment on that if you would like or if you would like to answer the original question. Ellingsen: Yeah. Thank you for that, but I -- and I appreciate the comment. I -- there is Meridian Planning&Zoning Commission June 15,2023 Page 27 of 52 a reason why there are guidelines and standards for evaluating this type of situation and the HUD residential sound guidelines, as I understand it, are the -- are the most robust and -- and reliable measurement for acceptable sound levels in a residential environment. So, they break that -- that down into an acceptable range, unacceptable and there -- there was a third, I apologize. But -- you know. So, there was -- there are benchmarks in which to measure those -- those kind of impacts and if we are within an acceptable range that -- that analysis is done over a certain period of time -- over a 24 hour period of time taking into account those noise levels through that period and how that could potentially impact a residence and so we are relying on -- on that standard to -- to make this proposal. Seal: Okay. Commissioner Smith, anything further? Smith: Sorry. No, not at this time. Thank you. Seal: All right. Any other questions, comments? All right. Thank you very much. I appreciate it. And with that I will take a motion to close the public hearing for File No. H- 2023-0007 for Costco Development. Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0007. All in favor, please, say aye. Opposed nay? MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: Who would like to go first? Smith: Mr. Chair? Oh. Seal: Commissioner Smith, go ahead. Smith: Just some thoughts and -- and I apologize if I have been too obvious in my predisposition here. I think, Chairman Seal, you said something well in the previous public comment -- or previous discussion around the previous application if this -- if it were school -- if it weren't a school it would be an easy no. I think this is for me one of the situations where, you know, the past application being a school takes it from an easy note to a more difficult discussion and this -- the facts surrounding this application make it very hard for me to move beyond it now. I -- I personally don't -- I -- I'm -- I'm -- I'm a big fan of Costco, to be clear. If you look at my -- our Costco brand credit card statements you will see, you know, we -- we shop there regularly. But I -- I just cannot bring myself to understand -- you know, the concept of neighborliness has come up a couple times and I can't understand another situation in which it seems to me to be neighborly to -- you know, if -- if -- if my neighbor is throwing a party and I ask if they Meridian Planning&Zoning Commission June 15,2023 Page 28 of 52 can keep it down and they tell me, hey, you can shut your window or if, you know, something happens because if someone else is misplanning of, you know, the timing of -- of an event they are throwing, one of my neighbors and -- and making that my problem around, you know, extending the -- the -- the sound -- the timeline for sound -- noise curfew, I just don't understand any other context in which it kind of seems to be the act of a good neighbor to place the responsibility and the impact of dealing with these issues on -- on one's neighbors and so to -- to be frank, I think, you know, Costco made the concession when this site was approved on keeping those -- that -- that time -- that window for its deliveries with the -- the impact -- you know, if it's 42 decibels instead of the 45, that one might deem, you know, to be adequately harmful -- and the EPA shows that 40 -- 40 -- and this is in public comment, some of the documents linked from the EPA, shows that 40 decibels is unacceptable in residential areas and so this is why I was asking, you know, about personal experiences, because like, you know, I can attest that it -- I would agree it's unacceptable. So, I -- I just don't see -- personally I don't see a route that would lead me to accept this barring, you know, additional conversations with the neighborhood to bring things in -- into alignment if neighbors could come to agree on some -- you know, some modifications, some compromise with the support of those -- those neighboring residents I -- I could potentially be -- you know, made -- made to be more amenable to this. But in its current state I -- I -- I don't see a path forward to -- to me approving this. It's just like kind of where -- where I'm at to, you know, make things clear. Seal: Okay. Commissioner Lorcher? Lorcher: Commissioner Seal, I own a transportation company and I have big diesel trucks. As a matter of fact, one of my trucks starter was going out and for the entire trip that -- he was gone for a week he never shut off his truck, because that would require him to be stuck in nowhere in Nevada and that would be even more expensive for us. So, things happen in trucking. Weather happens in trucking. Trucking is very fluid. We never guarantee a time of delivery, because a person could have a flat tire in front of you or cut you off or like in the city of Boise 3.5 inches of rain within, you know, 90 minutes. Anything can happen on the road and we need to be prepared for that. So, Costco can control when the truck leaves their warehouse, but they cannot control when they get to the store and for whatever reason, if it is without the 11:00 to 3.00 or 10:00 to 5:00, whatever time were -- or the 6:00 to 11:00 -- we have talked about so many times. But, you know, then they are required to stay overnight and they only can drive so many hours in a day, because they -- whether they are intrastate or interstate they have rules and regulations. With that in mind, knowing all three Costcos, the one on Cole Road, the one in Nampa and the one here in Meridian, Meridian is unique, because it is surrounded by neighborhoods, where the other two have a little bit more wiggle room, because it's more commercial or industrial. So, to be a good neighbor to the hours would be -- and with the overwhelming concerns of the neighbors would be an injustice to the neighborhood that they are -- are trying to serve. So, it would be a no for me as well. Seal: Commissioner Wheeler, do you have anything to add? Meridian Planning&Zoning Commission June 15,2023 Page 29 of 52 Wheeler: Mr. Chair, yeah. This is just really hard for me to -- to get behind based upon what was already previously agreed to when it first came through and also with the -- the neighbors -- residential -- and residential feedback on that. The -- you know, one of the things of being able to enjoy real estate is peaceful and quiet enjoyment means -- and we are trying to accommodate that and I think it's just something we need to continue with. So, I'm -- I'm going to -- I'm not going to be in support of this. Seal: Okay. Lorcher: Mr. Chair, I could do a motion. Seal: Feel free. Lorcher: After considering all staff, applicant and public testimony, I move to recommend denial to City Council of File No. H-2023-0007 as presented in the hearing on June 15th for the following reasons: Overwhelming concerns of noise, traffic and negative impact to the neighbors to the extent of the receiving hours at this time. Wheeler: Second. Seal: It's been moved and seconded to recommend denial to City Council of File No. H- 2023-0007 as presented during the hearing of June 15th, 2023. All in favor of the denial please say aye. No nays. It is denied. MOTION CARRIED: FOUR AYES. THREE ABSENT. 5. Public Hearing continued from 5-18-2023 for Julia Subdivision (H- 2023-0003) by Hesscomm Corporation, located at 2435 N. Black Cat Rd. A. Request: Annexation of 2.77 acres of land with an R-8 zoning district. B. Request: Preliminary Plat consisting of 10 buildable lots and 5 common lots on 2.77 acres of land in in the R-8 zoning district. Seal: All right. And with that we will -- I will say I think we are continuing this one, too. It's been never presented, but continued. Sorry. I have trouble keeping track. Allen: Chairman, Item 5 on the agenda, Julia Subdivision I believe you are referring to? Seal: Yes. Allen: You do have a staff report on it. The applicant I believe is here to testify tonight, so we are ready to go if you are. Meridian Planning&Zoning Commission June 15,2023 Page 30 of 52 Seal: All right. We will open File No. H-2023-0003 for Julia Subdivision. Allen: Thank you. The next applications are a request for annexation and zoning and preliminary plat. This site is an enclave consisting of 2.77 acres of land. It's zoned RUT in Ada county and is located on the west side of North Black Cat Road, midway between Ustick Road and Cherry Lane, at 2435 North Black Cat Road. The Comprehensive Plan future land use map designation is medium density residential, which calls for three to eight dwelling units per acre. The applicant proposes to annex 2.77 acres of land with an R-8 zoning district for the development of ten single family residential detached homes at a gross density of 3.61 units per acre, consistent with the medium density residential future land use map designation. A preliminary plat is proposed consisting of ten building lots and five common lots on 2.77 acres of land. Proposed building lots range in size from 4,151 square feet to 12,671 square feet. There is an existing home that is proposed to remain on Lot 4. All other structures are proposed to be removed. There is an existing driveway access via Black Cat Road for the existing home that is proposed to be removed. Access will be provided via the extension of Julia Avenue at the northern boundary of the site. Another driveway exists for irrigation district access from Black Cat that will remain. A 25 foot wide buffer is required along Black Cat Road, which is listed in the capital improvement plan to be widened from two lanes to three to five lanes between 2031 and 2035. Because the site is below five acres in size, common open space and site amenities are not required. However, the applicant is proposing .59 acre of common open space consisting of street buffer, open space with pathways and a storm drainage area. The Sky Pilot Drain exists on the adjacent property to the west and is piped and it also is on the subject property along the southern boundary and is open. This is required to be piped with development. The drain lies within a hundred foot wide easement, fifty feet on each side measured from center line. All of the lots along the western and southern boundaries of the site encroach within this easement and NMID has stated they will consider encroachments within the outer 20 feet of the easement with a license agreement similar to what they approved with the adjacent development to the west, Trisha's Crossing. You can see that easement line is depicted right here on all of these lots. No buildings or trees would be allowed in the inner 30 feet of the easement, but lawn and fences could be allowed. The Unified Development Code requires irrigation easements wider than ten feet to be included in a common lot that is a minimum of 20 feet wide, outside of a fenced area, unless modified by City Council at a public hearing with notice to surrounding property owners. The applicant is requesting a Council waiver on that. The width of the easement encroachment on this site is approximately 27 feet. The applicant requests Council approval for the easement to be located on building and common lots and that applies to Lots 7, 9 through and 15, rather than a common lot. If the irrigation district approves an encroachment agreement, as anticipated, there will only be approximately seven feet where no buildings or trees would be allowed. For this reason staff is supportive of the applicant's request. Several conceptual building elevations of one story homes with a bonus room over the garage were submitted as shown. Building materials consist of a variety of siding, some of stone or brick veneer accents. Staff recommends as a provision of the development agreement that all homes include brick or stone veneer accents on the street facing Meridian Planning&Zoning Commission June 15,2023 Page 31 of 52 elevations The existing home is proposed to be renovated and reoriented to take access from the internal street, rather than Black Cat Road. A new two car garage will be constructed accessible from the internal street from which access is provided. Due to concerns pertaining to the height of the homes and related privacy issues expressed during the neighborhood meeting with the original developer, the current developer has agreed to a provision in the development agreement that limits all houses to a single story in height with a bonus room above the garage with all windows facing the front of the lots. There has been no written testimony received on this application. Staff is recommending approval with the requirement of a development agreement per the provisions in the staff report. Staff will stand for any questions. Seal: Thank you, Sonya. Would the applicant like to come forward? Hessing: Bruce Hessing. 2338 West Boulder Bar Drive, Meridian. I love working with Meridian. The -- the planners are amazing. I couldn't say it any better than it was just said. I'm here for questions. Seal: Okay. Commissioners, do we have any questions? Lorcher: Commissioner Seal? Seal: Yes. Go ahead. Lorcher: So, all of the houses won't have windows on the back of the -- the buildings? Is that what I heard? Hessing: The main floor, yes. But the concern was do -- if we built two stories, we -- they didn't want -- the neighbors didn't want bedrooms facing bedrooms -- Lorcher: Right. Hessing: -- on a two story. Okay. Lorcher: But the one story and the bonus rooms facing the street; right? Hessing: Yes. Lorcher: But the backyard will have windows and things. But it's only one story. Hessing: One story. Yes. Lorcher: I got you. Hessing: So, we -- what we did -- we modified it from the previous developer that was wanting two stories -- it was just easier to be a good neighbor to say, hey, one story. Meridian Planning&Zoning Commission June 15,2023 Page 32 of 52 Lorcher: Okay. I have one more question. Seal: Go right ahead. Lorcher: Can you bring up the -- the preliminary plat -- plat plot again, please. So, site number 14 and 13, how do you -- how -- and is that another one? Fifteen? How do you access those? I see the cul-de-sac. How do you access -- how do you access number 13? The house. Hessing: There is that private drive right there -- I'm sorry. There is that private drive right there that Sonya is showing. Lorcher: Okay. So, it's a private drive for just those two houses? Hessing: Yes. Lorcher: And, then, number 12, is that a house? Number 12, is that a house? That triangle at the corner. Hessing: Yeah. The triangle in the corner is -- is also a house. Lorcher: Okay. And you access that from that private drive as well? Hessing: Correct. Lorcher: Okay. All right. Thank you. Seal: Okay. Commissioners, do we have any other questions of the applicant? None? Wheeler: None from me. Seal: Madam Clerk, do we have anybody signed in? Hall: We do not. Anybody in chambers want to testify on this? All right. I see nobody online raising their hand. If nothing further to add, thank you very much. Hessing: You are welcome. Seal: And with that I will take a motion to close the public hearing for File No. H-2023- 0003 for Julia Subdivision. Lorcher: So moved. Smith: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- Meridian Planning&Zoning Commission June 15,2023 Page 33 of 52 0003, Julia Subdivision. All in favor say aye. Okay. Motion carries. The public hearing is closed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: Yeah. Full disclosure on this. If you look at the full map of this I was in Lot 7 in the subdivision to the south previously, so I know this piece of property very well. They used to board horses here. So, It's an interesting piece of property. The road behind it for the -- you know, the easement in there for the -- the canal that's buried is -- that's -- that's always been kind of interesting as the vehicles pass through there and I'm -- I'm happy to see that they are going to continue if -- you know, if one -- or if the subdivision to the west has the encroachment to allow it for this it seems -- it seems logical and -- and something that could happen. It is a really strange parcel, because of the easement that's there and the access that needs to be provided, so in-fill like this is really really tough for sure. So, I think -- you know, I don't have anything -- I don't have any opposition to the -- you know, what's being done in here. You know, like anything, it would be like -- it would be nice to have a little less density, but they are, you know, within -- within -- within range, so I don't have any opposition to it. Lorcher: Mr. Chair? Seal: Commissioner Lorcher. Lorcher: Typically -- I can't speak for the rest of the Commission, but never really a big fan of that -- those private drives, because it can be kind of clustered, but based on the shape of this parcel and the fact that he has kind of spread them out a little bit, especially Lot No. 12, it looks like they have got a pretty significant -- depending on if the house is in the front of the property or the back of the property, it seems like a pretty nice place to, you know, put a house. It would be up to the discretion of the homeowners. They know what they are getting into if they are on that private drive. But I think that the -- the space with the cul-de-sac would be a good extension on Julia Drive for this parcel. Seal: Thank you. Commissioner Wheeler or Smith, do you have anything to add? Wheeler: Yes, Mr. Chair. Seal: Go ahead, Commissioner Wheeler. Wheeler: Yeah. For me this is kind of just, you know -- you know, you guys know me, I like in-fill projects. I like the creativity that comes with them. I'm with you, Commissioner Lorcher, that sometimes these private drivers can -- can cause -- cause issues, but I -- I -- this is a good project and it has my yes vote on this one. Seal: Commissioner Smith? Meridian Planning&Zoning Commission June 15,2023 Page 34 of 52 Smith: Mr. Chair, yeah, I -- I think I'm right there with the rest of the discussion. I -- tend to agree with Commissioner Lorcher that private drives aren't always ideal, but this implementation looks honestly, not -- not particularly, you know, too bad, so I don't -- I don't see anything with this that -- that is cause for concern for me. Yeah. And with that I -- you know, I -- I plan on supporting this. Seal: Okay. I'm looking for a motion. Lorcher: After considering all staff and applicant and public testimony, I move to recommend approve -- approval to City Council of File No. H-2023-0003 as presented in the staff report for the hearing date of June 15th, 2023, with no modifications. Wheeler: Second. Seal: It's been moved and seconded to approve File No. H-2023-0003 for Julia Subdivision with no modifications. All in favor, please, say aye. No opposed. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. 6. Public Hearing continued from 4-20-2023 for Fairview Apartments (H- 2023-0001) by Pivot North Architecture, located at 1005 E. Fairview Ave. A. Request: Conditional Use Permit for a multi-family development consisting of 150 apartment units on 8.25 acres of land in the C-G zoning district. Seal: And in the past we have just done a quick motion to recognize the withdrawal, so I will need a motion for -- to recognize the withdrawal for File No. H-2023-0001 for Fairview Apartments. Smith: So moved. Seal: We are just recognizing the -- the applicant's withdrawal of the file. Lorcher: So, what do you want me to say? A motion or -- Seal: I was going to say -- somebody said so moved and so just need a second. Lorcher: Oh. Second then. Seal: Move to recognize the withdrawal of the application of File No. H-2023-0001. All in favor say aye. Withdrawal is recognized. MOTION CARRIED: FOUR AYES. THREE ABSENT. Meridian Planning&Zoning Commission June 15,2023 Page 35 of 52 Seal: With that if we could take a quick bio break. Okay. We will be back in about five minutes. Thank you. (Recess: 8:01 p.m. to 8:08 p.m.) 7. Public Hearing for Loose Screw Brewery (H-2023-0025) by Michael Garcia, located at 105 E. Carlton A. Request: Conditional Use Permit to operate a brewery (food and beverage processing, minor) as the primary use and a drinking establishment to extend the operating hours beyond those allowed by the specific use standards for a brewery (UDC 11-4-3-46) from an existing 8,185 square-foot building on 0.45 acres of land in the O-T zoning district. B. Request: Administrative Design Review (Director Approval Only) to modify the exterior fagade of the existing building. Seal: Okay. And with that we will -- excuse me. We will open File No. H-2023-0025 for Loose Screw Brewery and we will begin with the staff report. Ritter: Thank you, Chair and Commission. Tonight we bring before you a request for a conditional use permit for Loose Screw Brewery. The applicant applied for a conditional use permit to operate a brewery, which is a food and brewing processing minor per the code and the primary -- as the primary use and also a drinking establishment to extend the operating hours beyond the allowed specific use standards for the brewery for the existing -- from an existing 8,185 foot square -- square foot building on .5 acres of the land that is in the OT zoning district. The director has already approved an administrative design review for the proposed modifications to the exterior facade of the existing building. The applicant is asking for extended operating hours. This property is located within 300 feet of property used for a church and any other place of worship or any public or private education facility. Therefore, the operating hours for this proposal shall be limited to -- from 11:00 a.m. to 10:00 p.m. with this conditional use permit. Because the specific use standards for a brewery are limited, the applicant has requested that they are deemed as a -- has requested and we have established that they are deemed as a drinking establishment to allow the extended hours to 12:00 a.m. The -- as noted, the use standards for drinking establishments do not allow operations of such a use within 300 feet of an existing church and school. Staff is currently processing a code amendment to remove this requirement. Staff anticipate that the proposed code changes to be discussed with the Commission during the July 6th Commission hearing. Upon approval of the code amendment the proposed project will be allowed to extend its operating hours. As far as parking, this property is zoned OT, which would require one parking space per one thousand square feet of gross floor area and require -- it would require eight parking spaces. However, the change in use requires the applicants to meet the higher parking requirement of one parking space for every 250 square feet of gross floor area, which would require them to have 33 parking Meridian Planning&Zoning Commission June 15,2023 Page 36 of 52 spaces. Currently there are only 28 parking spaces to serve this site. Staff is requiring the applicant to enter into a parking agreement to meet the required needs for the -- for the proposed change of use or submit a written -- written document from the owner allowing the use of the adjacent law office parking, since the property -- excuse me for not -- since the property is under common ownership of -- the property adjacent to it is under common ownership. Excuse me. This is my first one. Kind of nervous. As you can see the property adjacent to it is under current ownership. So, this is for the Loose Screw Brewery and this is the parking -- adjacent parking lot for the law firm. Another thing that was brought to attention from the staff report is that there currently isn't a trash enclosure for this particular applicant -- application. So, the applicant will be required to coordinate with Republic Services of Meridian to -- for the appropriate size and location of the trash enclosure. Currently they are proposing to put a trash enclosure here, but we will need -- they will need to provide documentation from Republic for the appropriate size and location of that. The applicant has also proposed the use of a food truck for this proposal, as you can see on the site plan. Currently the city does not allow the use of food trucks through a conditional use permit. They will have to apply for a temporary use permit through the City Clerk's Office for the use of a food truck. Again, staff has approved a design review for the exterior of the building itself. The land -- the proposed landscaping modifications and any work within the parking lot and the trash enclosure will need to -- the applicant will need to apply for a certificate of zoning compliance and it will need to be submitted and approved by the Planning Department prior to the building permit submittal to adjust the parking site modifications associated with the construction of the new trash enclosure and that is the condition seven and eight in the staff report. And this is just pictures of what exists on the site right now. Staff recommends approval of this conditional use permit with the conditions listed in the staff report and at this time staff will stand for any questions that you have. Seal: Thank you. Does it feel good to get that first one out of the way? Oh, my God, it did. I'm sorry about -- Wheeler: You did great. Seal: Would the applicant like to come forward, please. Good evening, sir. I need your name and address for the record, please. Garcia: Sure. Mike Garcia. 2250 West Boulder Bar, Meridian. 83646. Commission, city staff, thank you this evening. First and foremost thank you for, you know, everything you do. Being a former Planning Commissioner of another city I really do appreciate the due diligence which was represented tonight in the -- in the previous applications. Loose Screw Beer Company is a family locally owned company by my wife and 1, along with our -- our brewer, who is a -- a recent add to our ownership group. We have got a current tap room north Meridian at Linder and McMillan. We are, you know, really excited about bringing something I think new, innovative to downtown Meridian, in addition to improving the old kind of dilapidated building that's been vacant for -- for over a decade. Meridian has really been at the top of our list the entire time Meridian Planning&Zoning Commission June 15,2023 Page 37 of 52 when we were going been going through our due diligence of where we wanted to place our next production facility and tap room, we -- we did check out a number of other cities, but Meridian and really specifically downtown, kept on coming back to us. We had a tremendous amount of support from city staff and -- and -- and Council and specifically Mayor Simison and -- and this project, even highlighted it in the state of the city speech and -- and that really -- you know, really genuinely appreciated that and in addition to just all the support we have received from the community when talking about this project and bringing something like this to downtown and this property -- I mean we have -- we have been looking for, you know, specific checkboxes for us. Production. Tap room space. First and foremost parking, private event space, and something that's located within a high traffic area in addition to having pedestrian access. The site fits -- fits all these needs and -- and, again, we are looking forward to improving this -- this project. I'm not sure if you guys were aware of the -- the -- the prior use, but, you know, we are looking forward to breathing -- breathing some light into this -- life into this building. Let's see if I had any other notes to -- to bring up. But, no, we welcome any kind of questions about this project or the company itself. Seal: Thank you very much. Commissioners, do we have questions? Commissioner Lorcher. Lorcher: Mr. Chair. You are going to have a heck of a Halloween party I'm sure over there. I guess the only thing I have concern with is that -- again, I had mentioned to the room that I own a trucking company and we are pretty old school, so we have a P.O. box and we do a lot of our communication snail mail. So, I go to the post office every day. Now, the good news is that Cole Christian is going to move out and that will alleviate some of the parking over there. The bad news is they are not going to do it for two or three years and so I have given up trying to park in the parking lot at the post office. I am done. I'm not doing it anymore. We park actually in the parking lot of that building quite a bit and I know there is a fair amount of overflow from the -- excuse me -- the school that is there, as well as -- I can't believe -- I went by yesterday and usually all the rural trucks are there. There was not a one. So, I don't know where they all went. But, anyway, I think the only challenge you are going to have over there between the hours of 11:00 and 5:00 when the post office is actually in operation is competing with the public to be able to be in that parking area. But I would not be inclined to decline it just based on that. So, that's all I have to say. Seal: Commissioner Smith, Commissioner Wheeler, do you have any questions for the applicant or staff? Smith: Mr. Chair? Seal: Go ahead, Commissioner Smith. Smith: Yeah. So, just -- I may have missed it, but I just wanted to ask about something mentioned in the staff report about parking -- you know, shared parking with the co- owned law firm. I know that's not necessarily part of the application as it is. Do you Meridian Planning&Zoning Commission June 15,2023 Page 38 of 52 anticipate that being something that you are going to pursue or some of this is -- you know, in -- in the works. Garcia: Yes. I can definitely speak to that and we actually have a representative from the ownership group of the -- the -- the subject site in addition to the parking lot and the parking lot, you know, is not owned by -- by the law firm, it -- it is through the JRT ownership group. But, yes, we -- we have a very close relationship with them and we are prepared to sign an agreement allowing us, you know, access to that site after 6:00 p.m. and that puts us well over -- you know, obviously, we started at eight -- eight parking stalls, but now at 33 this will put us well over that. Smith: Great. Thank you. Seal: Okay. Any other questions? Madam Clerk, do we have anybody signed up to testify? Hall: We do. Chelsea Major. Seal: All right. Thank you very much. Garcia: Thank you. Major: Just a couple weeks ago. Seal: You have been here. Yeah. Major: New favorite activity. Hi. Chelsea Major. 1029 East 3rd Street, downtown Meridian. I am a local resident, neighbor and small business owner as well. I just wanted to speak on behalf of -- of Mike and Pam and -- and their great company that they have today. They have been really good mentors to the small business community, as well as they are bringing something to this building which, if you live nearby -- and I do -- it's been kind of sad and really, really depressing for a really long time. So, I just wanted to speak to say I think it's really great to see more things coming into our neighborhood that we really need and we want to bring more culture and community down here and -- and Mike and Jim have done a great job of bringing that to Meridian and they are going to continue to do that. So, thank you so much. Seal: Great. Thank you very much. No one else? Anyone else want to testify on this application? Seeing none, if the applicant has anything further to add? No? Signifying no. And with that I will take a motion to close the public hearing for File No. H-2023- 0025 for Loose Screw Brewery. Lorcher: So moved. Wheeler: Second. Meridian Planning&Zoning Commission June 15,2023 Page 39 of 52 Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0025. All in favor, please, say aye. None opposed. Public hearing is closed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Lorcher: Well, I kind of said my say already as far as like the parking for the parking lot, but if this truly is going to be the rendering, the -- it will -- like Chelsea said, the building needs a little love and so with the administrative approval of the design I think it will be a good welcome improvement to Old Town for sure. Seal: Yeah. I would agree that -- I mean the fact that it's going to take something and, you know, renew it, refresh it and, you know, reconfigure it to -- to have another purpose is good for sure. So, hopefully, it's not too creepy in there. I'm sure that's going to be a theme somewhere along the way. Lorcher: Oh, yeah. They are going to have a beer named -- you know, isn't there Liquid Death already? I mean -- Seal: Absolutely. Absolutely. So -- I mean it's good to see that, you know, Old Town is being refreshed like this. So, it's good to see that that's happening, you know, in a way that's not necessarily, you know, multi-story buildings and, you know, big -- big store names and things like that in. So, happy to see it. Happy that the parking agreement will be easy for you guys. So, look forward to it. Seal: Commissioner Smith or Wheeler? Got anything to add? Smith: Yeah. Mr. Chair? Seal: Go right ahead. Smith: Yeah. I just -- this is -- this is a great development to see. This is exactly the kind of thing we want more of in Old Town. You know, more -- more local businesses. You know, in, you know, somewhat walkable distance to other locations as well it's always good. It's good to see things being renewed and having been to, you know, the existing Loose Screw location a couple of times, you know, the -- any concerns about, you know, the, you know, social externalities or anything, I have none of that. You know, it's -- it's a well maintained property. Seems like a stand up business and I'm excited to have more of it in Meridian. Wheeler: Mr. Chair? Seal: Commissioner, anything to add or -- or a motion? Wheeler: Yeah. Mr. Chair. Being that they are close to -- Seal: Oh, did we lose you? Meridian Planning&Zoning Commission June 15,2023 Page 40 of 52 Wheeler: Oops. Sorry. There it is. Mr. Chair? Seal: Go right ahead. Wheeler: Sorry. I had it on mute there. I was just going to ask the applicant if they had -- you know, I guess -- you know, they are going to be close to an attorney's office and just wanted to know if that kind of scared them at all. My only -- my only thought there. They might not want to take after the No Lawyers Bar and Grill for sure. But, no, I'm in support of this. It's always nice to see these refreshers happen and uses happen in Old Town. Seal: Go right ahead. Lorcher: Mr. Chair, with that -- after considering all staff, applicant and public testimony, I move to recommend to City Council File No. H-2023-0025 as presented in the staff report for the hearing date of June 15th, 2023, with no modifications. Wheeler: Second. Seal: I didn't actually hear the word approval. Lorcher: Did I not say approve? Seal: Did not say approval. Lorcher: Oh. I move to approve and everything else I said. Seal: Okay. Does the second still stand? Wheeler: Yes. Yeah. Not sure which one you got, but -- Seal: Okay. It's been moved to recommend approval of City Council of File No. H- 2023-0025 for Loose Group Brewery. All in favor, please, say aye. Starman: So, Mr. Chairman, I -- I thought we corrected it and, then, I think not now. So, let me kind of just ask a clarifying question. Well, first of all, let me make sure I'm correct. This is a CUP, so you are the deciding body. Seal: Oh. Lorcher: Oh. So, it doesn't go to Council. Starman: So, no -- Lorcher: Reading the script. So, let me do it again. Meridian Planning&Zoning Commission June 15,2023 Page 41 of 52 Starman: So, if you can read it -- entertain that motion one more time, but it's for approval sign, not a recommendation to the Council. And I think that was our -- let me fess up on behalf of the staff and that was our error in the hearing notes, we had the wrong verbiage there. But should it be for your -- for approval. Seal: Okay. Yeah. And sometimes when it -- when it's packaged with something else we will still do the recommended, that's why I was -- didn't hesitate on that one. But go ahead. Lorcher: Let me do it again. After considering all staff and public testimonies, I move to approve the conditional use permit for File No. H-2023-0025 as presented in the staff report for the hearing date of June 15th, 2023, with no modifications. Good? Seal: Do I have a second? Smith: I will second. Seal: Okay. It's been moved and seconded to approve File No. H-2023-0025 for Loose Screw Brewery. All in favor, please, say aye. Motion passes. Congratulations. Good luck. MOTION CARRIED: FOUR AYES. THREE ABSENT. 8. Public Hearing for Black Box VR (H-2023-0022) by Black Box VR, located at 950 N. Hickory Ave. A. Request: Conditional Use Permit approval for Suite 100 to include an indoor recreation facility (Indoor Virtual Reality Fitness Gym) on 1.325 acres of land in the I-L zoning district. Seal: All righty. And with that we will open File No. H-2023-0022 for Black Box VR. We will begin with the staff report. Hersh: Good evening, Mr. Chair and Commissioners. The applicant has submitted a conditional use permit for Black Box VR. The site consists of 1.325 acres of land, zoned I-L, located at 950 North Hickory Avenue. History on the property. A certificate of zoning compliance was approved for the site landscaping and the actual building. The Comprehensive Plan FLUM designation is mixed-use nonresidential and the summary of the request is a conditional use permit request to operate an indoor recreation facility -- facility from Suite 100 in an existing 23,000 square foot flex building is -- is proposed. The proposed indoor virtual reality fitness gym is considered an appropriate use and meets the development guidelines listed for the -- for this designation. The use is also consistent with the planned unit development approved in 1991 for the Gem Tone, Inc., which approved a mix of commercial and light industrial uses and the I-L zoning district. This use is proposed to be contained within an existing flex building as noted above. The tenant space for the virtual reality fitness gym will be Meridian Planning&Zoning Commission June 15,2023 Page 42 of 52 approximately 2,780 square feet within an existing building with no exterior modifications proposed. The applicant submitted a site plan showing the tenant space for the reality fitness gym and based on the proposed tenant space of approximately 2,780 square feet of gross floor area a minimum of six off-street parking spaces are required. The building and other site improvements are existing include the off-street parking for the entire flex building, according to the submitted site plan showing the existing site conditions. A total of 49 parking spaces are approved exceeding UDC standards. Based on the six parking spaces provided for this use a minimum of one bicycle parking space is required to be provided and that was also provided on and pointed out on the site plan. Landscaping. The ten foot wide buffer is required along East State Street and the 20 foot wide buffer is required along North Hickory, which is a collector street and the parking lot landscaping is all existing as well as you can see on the landscape plan and staff has analyzed this and it does -- it is in compliance with the landscape code sections in the UDC. The building elevations -- the building was -- these are just perspectives. This was already approved with the Certificate of Zoning Compliance and design review and staff recommends approval with the conditions listed in the staff report and staff stands for any questions you may have. Seal: Thanks very much. Would the applicant like to come forward, please? Good evening, sir. Need your name and address for the record, please. Lumetta: My name is Sam Lumetta. I am at 2050 Riverknoll Court in West Linn, Oregon. That's where I live. I am here to talk about the -- Seal: Can you get a little closer to the microphone, please? Lumetta: I'm here to participate in the CUP hearing for Black Box VR. Super excited. I do have a PowerPoint presentation that I sent. All right. Okay. Here we go. Just to give a brief overview of the company, our founders Ryan DeLuca and Preston Lewis, started the company in 2017. They have been operating the -- the company since then and have operated a few gyms -- one gym here in Boise downtown area and, then, another gym in San Francisco. We also had pilot gyms out in Arizona and San Diego that we have recently divested in, but what's exciting about this is we have two founders from the -- the Idaho area -- Boise, Idaho, area. They are -- they have -- they are entrepreneurs. Ryan founded Black -- or bodybuilding.com back in the late '90s. Grew that to a half a billion dollar company and, then, sold that and, then, this is his next venture into virtual reality fitness. Next slide. Our -- our -- the problem America is having in the fitness industry is that Americans are not physically active and working out is not fun. So, naturally by human nature working out is against what we want to do. It's painful. It's -- it's hard and very few people stick with their workout routines and we are looking to try to solve that problem with our solution and our solution brings in three things that we believe are key to keeping people adhered to it. Number one, entering gaming into this situation, which is -- has addictive properties, so people actually forget they are working out, because they are in a game. They are actually in an arena shooting lightning bolts at the enemy and the enemy is shooting at you and you are sending champions in and it's really just a fun experience. You are doing all that while Meridian Planning&Zoning Commission June 15,2023 Page 43 of 52 in -- in virtual reality with the -- the 3D, you know, all immersive headsets on and so it's -- it's a 3D immersive environment and you are doing it while working out in a cable resistance machine that's electronic controlled by the game. It's electronically controlled by the game. And so what this does is it allows you to get a high intensity workout while basically tricking your mind into -- into, you know, playing a game in an addictive nature. It's similar to sports where you really get into something you don't realize you are exerting that much activity and we have proven over those five or so years we have been operating it -- it really makes a big difference. People that have experienced this are really into it and they are really believers in it and you see the transition in their lives, not just in physical fitness, but in -- in their lives in general. Next slide. We are currently located -- like I said we had a gym in Boise and a gym in San Francisco. We do desire to -- to open this gym in Meridian and we -- after -- this will be our flagship gym. We have put all our learnings together over the last five years into this gym. It is the right size. It's the right location. And we believe it's in the densely populated -- populated area of our core customers and so we believe it will be a big success and we are going to use this as our model gym for future franchisees and so once we get rolling I estimate Q-1 next year, we will be entertaining franchisee people to come in and witness this gym and this will be the template for them to follow as we expand across the U.S. Next slide. A little bit of a view on the product. You see on the left that's our electronically controlled machine. We have our Generation 2 machine being developed right now and that will be launched with this gym and it's higher load capability, it's smoother use and it's quicker responding. We also have a -- we use the Vive Pro 2 headsets. We are -- we don't produce the headsets, but we use the -- the -- the best offering today and we plan to adopt the best technology -- technology as it -- as it comes into the market. We also have our own app -- phone app where it controls and it tracks all your workout data. It controls all the energy, all the workouts and your progress over time and it's a fully functional system that doesn't require any manual input. It's -- it's all captured there, every workout electronically. And on the right you see that there -- the workout environment is -- is you are in a private booth and you are working out in the Metaverse and it's quite an experience. Certainly invite all of you to come and experience it once we open. Next slide. So, basically, we have -- we have learned from our customers that people enjoy doing this workout. They -- they transform their bodies into something they have never experienced. We get a lot of feedback about how people transform their -- their lives, not just their physical fitness and the name Black Box is -- is just that, it's -- we have an input and an output and that black box is the magic that transforms things. Next slide. We are very excited to find this site. We have been searching for a site for roughly four or five months and we found this site. It's flex industrial. It's in the right location. We -- we don't believe our marketing strategy is to have road frontage, which is retail space, which is roughly double the cost in rent. So, we believe this is the right sweet spot for us. It's the right square footage, the right cost and -- and, you know, we believe our cost and the -- he parking and all the other things that are there for the community. Next slide. I think I got a couple more. We can go past this. This is the general layout. So, on the right you see the -- the layout of the building. We have the Unit 100, which is over on the left and -- and -- and, then, that unit -- you can see the illustration on the left. We have 14 booths that are private booths. We have an area in the -- in the middle for people to enter in and -- and socialize after workouts and, then, Meridian Planning&Zoning Commission June 15,2023 Page 44 of 52 we also have at the front kind of a media area for social media for people to take selfies and things like that with the right accent lighting. Next slide. And this is the last slide. It just gives you an illustration of our latest theme drawings. On the left is the exterior signage that we are -- we are working to get approved and on the right is the -- the gym with our front lobby area and some illustrations of our customers there after and before workouts. So, that is it. Thank you very much. Seal: Thank you. Commissioners, do we have any -- excuse me -- any questions for the applicant or staff? Wheeler: Mr. Chair? Seal: Mr. -- is that Commissioner Smith or Commissioner Wheeler? Wheeler: I will let you guess. I'm just kidding. This is Commissioner Wheeler. Seal: Go ahead. Wheeler: One of the things that I noticed in the staff report -- and this is for the applicant -- something that is in the staff report is it said that the -- the hours of operation are between 6:00 and -- 6:00 a.m. and 11:00 p.m. Is that -- are those the hours that you guys are requesting to operate within? Lumetta: I -- I believe that is. I don't believe we -- we operate our Boise gym that late in the day, but -- but, yeah, I believe we submitted the paperwork with that. Wheeler: Okay. Lumetta: The -- the -- the opportunity and the -- the idea is to offer people opportunity before and after work and in hours where they have free time to -- to come work out. On those areas where people are at work it is a less usable time. So, we have peak times typically in a typical -- typical workout times in the morning and in the evening. Seal: Any other questions? Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: A couple questions. So, one, did -- did I hear correctly that you said you -- you mentioned having divested from a couple of locations. Lumetta: Yeah. Part -- part of our journey as a startup company is to figure out what our -- the best business model is for us to expand and what we learned is that we had a gym partner, Eos Fitness in Arizona, that we partnered with a few years ago before I was at the company. I have only been there about a year and a half. And what we Meridian Planning&Zoning Commission June 15,2023 Page 45 of 52 learned is that we were out of phase with that business strategy, because our brand wasn't recognized yet, so people were going into a gym that was really a low budget gym and they are talking -- we were trying to upsell them to a premium featured boutique gym and so we kind of -- it's kind of like the analogy I use is -- is the Starbucks model, like if -- if -- Starbucks started out as a boutique coffee shop that really built their brand off -- off their quality product and, then, it took -- after their brand was recognized, then, they started going into the Safeways and to the Fred Meyers. If they would have started going into the grocery stores and asking people to pay five dollars for a coffee they would have not succeeded. So, we kind of had that phasing issue where we believe with our franchise model we will build the brand, we will expand across the country. Once the brand reaches that critical mass, then, you can offer different offerings in a gym inside of a gym type offering. So, we decided to delay that type of business model. So, we -- we shut down our gyms in the Arizona and the San Diego area for that reason, to focus on the franchise model. Smith: Got it. Thank you. That -- that makes sense. And, then, the second question -- and this is -- I mean maybe it's a little bit more curiosity. I mean feel free not to -- not to answer, if I'm -- if I'm probing too deep -- Lumetta: Love it. Smith: But we kind of -- you know, I'm sure you are aware of -- of the reason -- you know, Apple announcements. Are you -- is there any thought of, you know, potentially the -- like the value prop of the thing that attracts people to these locations, may be diminishing over time as, you know, personal VR kind of gets more affordable, accessible, common? Lumetta: That's a great question. We -- we hope to -- to both offer this offering, which is a boutique gym offering, and, then, also stay up with technology as the -- as the Metaverse and people start to adopt it more readily. There is a lot of benefits to us for that to happen and so we are -- from a headset and a VR experience perspective just over the past year or so it's really been a huge stride forward. So, we plan to be fast followers on the technology as it develops in the VR world. And, then, from a -- from a -- an interest perspective, you know, we have a long road map of technology and things we want to do and that -- and one of them includes in-home unit -- a unit and so that is on the road map and that's our method of bringing this into a more personalized thing as it becomes more popular. We are making the best offering right now for us to offer a unique experience and kind of a social community feel is this boutique gym model. Now this is our first in as a startup and, then, we will expand into different business model areas as we go forward. Smith: Makes sense. Lumetta: It's something like the new headset offerings, all of -- almost all of our company was on that video watching that as they were announcing it. We were so excited about it and so it's not out until I think quarter two next year. So, we are excited Meridian Planning&Zoning Commission June 15,2023 Page 46 of 52 to evaluate that and see if it's applicable to our technology. Smith: Awesome. Thank you. That -- that's all the questions I have. This is -- you know, this has been something that's I -- I have seen these and I have gotten some ads for it and -- and it's -- you know, as someone who is -- has an interest in VR and an interest in fitness, I mean it's always been something that's -- I -- I -- I -- I think this is an interesting concept and -- and, you know, it looks pretty cool. So, thank you. Seal: Okay. Anything further? Any anybody signed up to -- Hal: Mr. Chair, there is not. Seal: Anybody want to testify? I don't think so. Okay. Nothing further to add, we will go ahead and close the public testimony. Thank you. And with that I will take a motion to close the public testimony for File No. H-2023-0022 for Black Box VR. Lorcher: So moved. Wheeler: Second. Smith: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0022. All in favor, please, say aye. Motion carries. Public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: Yeah. This is kind of cool. It's -- it's nice to see something coming in -- you know again -- and we have got quite a few applications that kind of deal with things coming into Meridian. It's good to see something, you know, different kind of coming in and choosing Meridian to -- you know, to kind of help flush this out and, you know, continue the business model as it goes forward. So, wish you the most success with it. It's -- it's interesting that it's not going to be kind of retail front. Honestly, I think that's probably a smart move. So, one of the traditional gyms that I frequent does that and they do very well with it, so -- anybody else? Or a motion? This one seems pretty straightforward. Lorcher: Mr. Chair? Seal: Yes, Commissioner Lorcher. Lorcher: After considering all staff, applicant and public testimony, I move to approve File No. H-2023-0022 as presented in the staff report for the hearing date of June 15th, 2023, with no modifications. Wheeler: Second. Meridian Planning&Zoning Commission June 15,2023 Page 47 of 52 Seal: It's been moved and seconded to approve File No. H-2023-0022 for Black Box VR. All in favor, please, say aye. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. 9. Public Hearing for Ten Mile Costa Vida (H-2023-0018) by Cushing Terrell, located at 413 S. Innovation Ln. A. Request: Conditional Use Permit for a new approximate 8,815-foot multitenant building that includes restaurants with a drive-through located within 300 feet of an existing drive-through facility, residential district, and existing residences on 1.43 acres of land in the C-G zoning district. Seal: With that we will open our last application, H-2023-0018, for Ten Mile Costa Vida and we will begin with the staff report. Hersh: The applicant is here to discuss the Ten Mile Costa Vida. They submitted a conditional use permit. The site consists of 1.43 acres of land, zoned C-G, located at 413 South Innovation Lane and previous application history is annexation and a development agreement, private streets application and we actually already just approved a CZC and design review for the site and building and the FLUM designation is commercial within the Ten Mile Interchange Specific Use Area Plan and the conditional use permit request is for a new approximate 8,815 foot multi-tenant building with a drive-through, located within 300 feet of an existing drive-through facility, residential district and existing residents. The proposed multi-tenant building will include space to accommodate Costa Vida with up to two additional tenants upon the completion of the project. The proposed site layout for the multi-tenant facility includes a separate stacking lane that provides queuing for multiple vehicles, which is located before the drive-through window. The drive-through itself starts at the north side of the building and exits up the south -- facing South Innovation Lane. However, staff has some safety concerns regarding the entry to the drive through from the north. At the entrance of the drive through vehicles will be entering the drive through while vehicles are attempting to park or back out of the come and go parking stalls north of the stacking lane. To alleviate some of the staff's concerns the menu board was moved closer to the pickup window, along with the west side -- to the west side of the building to allow ordering to occur away from the parking. Further staff recommends that the applicant install additional signage and parking lot striping to clearly mark and guide traffic safely throughout the site. Access is proposed on the site plan from South Innovation Lane, which is a private street on the west side of the property and the collector road to the North Cobalt Drive. Vehicles accessing the site will enter from the northeast or southeast and have the option to park in the lot in front of the drive through or proceed northwest along the 12 foot wide drive-through lane. This lane merges with the ordering window and allows for exiting back to the drive aisle in a southeast direction. An escape lane is provided along the west side of the building, which leads to the driveway along the south of the building. To improve the traffic flow and minimize Meridian Planning&Zoning Commission June 15,2023 Page 48 of 52 confusion it is recommended that the 50 foot wide entrance on the east side -- the northeast side with the adjacent come and go site should be reduced to 25 feet. Staff recommends the applicant coordinate with the come and go reps on the redesign of this shared driveway. Staff e-mailed the proposed site plan to the come and go engineers and they are analyzing the request. Additionally, there appeared to be two right lane turn only. Staff recommends that one of these lanes be removed to prevent confusion for drivers entering and exiting the site. Prior to certificate of occupancy the applicant shall record a cross-access egress easement to the adjoining properties to the north and south and submit to the Planning Division. And direct lot -- lot access to Ten Mile Road is prohibited. A minimum of one off-street parking space is required per 250 square feet of gross floor area. Based on the 8,850 square -- 15 square foot multi- tenant building a minimum of 35 parking spaces are required. A total of 55 parking spaces are proposed that exceed the UDC standards. A one -- minimum of one bicycle parking must be provided for every 25 vehicle spaces per the UDC. Biking facilities are required to comply with the location and design standards in the UDC. Bicycle parking is shown on the plan submitted with the application that meets the requirements. A detail of the bike rack is provided also on the landscape plan submitted and it appears to be in compliance with the standard. The proposed plan includes a pedestrian walkway that will run from the northeast of the building across Innovation Lane. Where -- where pedestrian walkways cross vehicle driving services they are required to be distinguished from vehicular driving surface through the use of pavers, colored or scored concrete or bricks as set forth in the UDC. The site and landscape plans submitted with the Certificate of Zoning application should reflect compliance with the standard. The proposed striping of the crosswalk is not an approved material and should be revised to meet the standard. The street buffer along South Ten Mile Road and West Cobalt Drive was constructed with the improvements for the Ten Mile Creek Subdivision No. 1 for the common area site improvements. Parking lot landscaping is required in the parking lot per the standards of the UDC. The submitted landscape plan -- plan appears to be in compliance with the standard and the conceptual building elevations were submitted for the proposed structure. Building materials consist of EIFS, stucco, metal roof, ribbed metal paneling wood metal panels, metal awnings and glazing. The final design is required to comply with the adopted cross -- Ten Mile Crossing design guidelines. There is no written testimony and staff is recommending approval with the conditions in the staff report and staff stands for any questions. Seal: Thanks very much. Would the applicant like to come forward, please. Good evening. Need your name and address for the record, please. Cooper: Kyle Cooper. 22503 Lake Life Lane, Caldwell, Idaho. I just want to thank staff and Commissioners for allowing us to present the conditional use permit for our new restaurant. I'm sure most of you guys are aware of Costa Vida and Blaze, so we are the local operators and developers for -- for this site. I don't have a whole lot of comments and we are pretty good with all of the recommendations. We are very familiar with the layout. I'm sure most of you guys have been to our -- our Linder and Chinden location. Very similar layout. I know one of the comments was the -- the come and go parking on the right-hand side of the building. We have the same situation at Chinden and Linder Meridian Planning&Zoning Commission June 15,2023 Page 49 of 52 and been there five years with no -- no incidents yet. So, again, pretty -- pretty familiar with the setup and with that I stand for any questions. Seal: Okay. Thank you. Lorcher: Mr. Chair? Seal: Go ahead. Lorcher: Are you the drive through? Are you going to be the drive-through restaurant or no? Cooper: Yes. So, we have the Costa Vida, which will be the drive through, and we have the Blaze Pizza, which will be on the other end. So, we own both -- both restaurants. Lorcher: So, which one is going to have the drive through? Cooper: Costa Vida. Lorcher: Okay. So, you are -- you are not just doing Costa Vida, you are doing Blaze as well? Cooper: Correct. Lorcher: Is that the -- this application is just Costa Vida; right? Cooper: We -- this application is for the drive through. Lorcher: Oh, the drive through. I got you. Cooper: So -- yeah. Lorcher: So, do you are -- are you not going to operate the one in the middle? Cooper: No. Well, not at this -- Lorcher: Not at this time. Cooper: Not at this point. Right. Lorcher: Got you. Okay. I'm with you now. Seal: Other Commissioners have questions for the applicant or staff? Wheeler: Yes. Chair, this is Commissioner Wheeler. Meridian Planning&Zoning Commission June 15,2023 Page 50 of 52 Seal: Go ahead. Wheeler: I have a question for the applicant here. Some of the concerns that I always have with the drive-throughs is just sometimes the cut through -- it looks like there is one -- oh, there is two exits, one on the east side and one on the south side; is that correct? Cooper: Correct. Wheeler: Okay. Are there -- okay. So, there won't be any problems, then, with the -- with the traffic cutting through up to the north. Okay. That was the main thing that I just have. Sometimes when they go right in front it can get kind of congested and cluster up some traffic and everything. So, that was my biggest concern on there. Is there going to be signage pretty -- is there going to be good signage there for exits and biking and everything? Cooper: Go ahead. Wheeler: I was just going to say good signage for exits and signage -- Cooper: Oh, yeah. Wheeler: -- or striping. Cooper: Yeah. Yeah. We will have -- we will have great signage. We have been in the drive-through business for 20 plus years. So, we like to move people quickly and efficiently through the site. So, yeah, it will be well marked. Wheeler: Very good. Seal: Commissioner Smith, do you have anything? Smith: Mr. Chair, not at this time. Seal: Okay. And there is nobody left in here. Ma'am, would you like to come up and testify at all? No? Okay. If there is nothing further to add, if there is no other questions I will take a -- thank you very much and I will take a motion to close the public hearing for File No. H-2023-0018 Ten Mile Costa Vida. Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0018. All in favor, please, say aye. Motion passes. Public hearing is closed. Meridian Planning&Zoning Commission June 15,2023 Page 51 of 52 MOTION CARRIED: FOUR AYES. THREE ABSENT. FUTURE MEETING TOPICS / DISCUSSION Seal: So, thank you staff, for the recommendations on this. I think that will actually help improve kind of traffic flow and avoid any confusion in that area. It gets -- gets a little crazy when there is all this -- when there is that many altogether. So, I do go to the facilities there and at -- at Chinden and Linder and sometimes it gets a little hectic in that area for sure, so -- but glad to see more -- you know, more businesses, different kinds of businesses starting to operate in here. So, happy to see that happening here as well where it can handle not only local traffic, but some of the -- you know, the traffic off the freeway as well. Lorcher: Mr. -- Wheeler: Yeah. Mr. -- Seal: Oh. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Yes. I'm -- I'm kind of pleased with -- with this application also. I like the fact that there is no direct access onto Ten Mile and as an overall thing I'm -- I'm kind of excited about a lot of the items that were on the agenda tonight or that -- yeah, that are on the agenda tonight. It just shows a lot of smart growth opportunities. So, I'm in support of this one. Seal: Thank you. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: After considering all staff, applicant and public testimony, I move to approve File No. H-2023-0018 as presented in the staff report for the hearing date of June 15th, 2023, with no modification. Wheeler: Second. Seal: It's been moved and seconded to approve File No. H-2023-0018, Ten Mile Costa Vida. All in favor, please, say aye. None opposed. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. Wheeler: Man, Commissioner Lorcher has been making all the motions today. What Meridian Planning&Zoning Commission June 15,2023 Page 52 of 52 the heck. Seal: I was going to say, Commissioner Wheeler, you want to make the last one? Lorcher: I can't see you. Wheeler: I'm just kidding. When you are -- when you are -- when you are present it's -- it's just simpler. So, that's literally just a joke. But, yes, I will finally take one away from Commissioner Lorcher here and actually make a motion that we adjourn. Lorcher: Second. Seal: It's been moved and seconded that we adjourned. All in favor say aye. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: All right. We are adjourned. Thanks, everyone. Lorcher: Thanks. Wheeler: Thank you, everyone. MEETING ADJOURNED AT 8:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 7 1 6 1 2023 ANDREW SEAL - CHAIR MAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 1, 2023 Planning and Zoning Commission Meeting Meridian Planning&Zoning Commission 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: Findings of Fact, Conclusions of Law for SWIG (H-2023-0014) by Bowman, located at 3471 W. Chinden Blvd. CITY OF MERIDIAN wl IDIAN;_-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND 'AHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit (CUP) for a Drive-through Establishment for SWIG within 300-feet of another Drive-through Facility, a Residential District and Existing Residences on 0.59-acre of Land in the C-G Zoning District,by Bowman. Case No(s). H-2023-0014 For the Planning& Zoning Commission Hearing Date of. June 1,2023 (Findings on June 15,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 1,2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 1, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 1, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 1,2023, 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). H-2023-0014 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 in the attached staff report for the hearing date of June 1,2023,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning&Zoning Commission's authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of June 1,2023,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-513-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-61.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of June 1,2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2023-0014 Page 2 By action of the Planning&Zoning Commission at its regular meeting held on the 15th day of June ,2023. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER JARED SMITH VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MANDI STODDARD VOTED COMMISSIONER ENRIQUE RIVERA VOTED Andrew Seal, Chairman 6-15-2023 Attest: Chris Johnson, City Clerk 6-15-2023 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: 6-15-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2023-0014 Page 3 EXHIBIT A E STAFF REPORT REPORT D A H O COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/l/2023 Legend LLU DATE: TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner - 208-884-5533 ' 1 � N_BL'VD SUBJECT: SWIG—CUP H-2023-0014 W LOCATION: 3471 W. Chinden Blvd. in the NE 1/4 of Section 27,TAN.,R.1W. (Lot 2,Block z 1,Lost Rapids West Subdivision) - 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 Des* nation 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 II, LLC);PBA-2022-0019-ROS#13628(Parcel B); SHP- 2022-0014(Lot 17,Block 1,Lost Rapids West Subdivision) Page 1 1 1 ''■ �'i�' ±ice: .._ ' 4 �,�- `� .� , — 1111 1 II11 111111N11 INN 31, x'� �- `'• o11 IN � 9P■�� IIIN;� _. ' If � IIIIN:. �-IIIINI�' �� � IINI� Lim �„ •' a ii a ii 11 .� 1 1 !R�r 5 11 1 ■ 1 1 !fir 5 1111 1 AII11 111111N11 IN 1111 1 II11 111111N11 INN IIINI /M. � NIIII � ' ■1l IIINI .�.ti F.� lll NIIII,- � �• F! 111 N 11111 y IINI 111 i Zii�11111:y Il���rii �� •—— m g!� lip RE I IN z N■,— w11 z w NII IN gm i N' IIIN IN a ��' IIIN i� (IIIN.. F IIIINI� �M M_ (IIIN:. •;IIIINI� y } I I • I I / I //' I I III I/ I/' I / / 1 . 111 i1 Its i EXHIBIT A 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.£)restaurant with a drive-through for SWIG on a 0.59-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 11-2B-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-IIA.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: Staffs 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 EXHIBIT A 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 EXHIBIT A 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-19.13.4. 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 VIII,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. B. The Meridian Planning&Zoning Commission heard this item on June 1,2023.At the public hearing.the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing: a. In favor: Cass Tenney,Applicant's Representative b. In opposition:None c. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission: a. None Page 5 EXHIBIT A 4. Commission change(s)to Staff recommendation: a. At Staff s request,delete condition#2e,which prohibits stacking in the outside travel lane of the drive-through: and add a condition requiring wheel restraints to be placed in parking spaces abutting the Pedestrian walkway on the east side of the site to prevent cars from overhanging beyond the designatedparking stall dimensions as set forth in UDC 11-3C-5B: or widen the abutting sidewalk an additional 2-feet to allow for overhang. Page 6 EXHIBIT A VII. EXHIBITS A. Proposed Site Plan -REVISED P W.CHINDEN DLVD _ _ _ _ — — — — — _ - b ki Lu jo wn W.tlyy..Ma:pq I i II I ENGINEER SURVEYOR DEVELOPER OWNER 2e morel sn.4s�zssx c [ I mep sex nv' �j st�z mm s3s_n5a u cFl ewi7-=1. Il Fmm�hown.n mn —1:oxemm.4—gllpawl.wm Fined monry�s®w�ryireneglgunmcwm moanum SP-1 Page 7 EXHIBIT A B. Proposed Landscape Plan-REVISED W.CHINDw BLw LANDSCAPE PLANTING EK,wraca�o... ieoor a.maen� +� r!I _______ _ ���� � � m .. ® /WRI�A web IPb4AT�dl�dxA4M1EE �-�•��—¢ C 3J _•_____ir� �E� E� F * ¢ a � � 5J es� j C2!lRIl dWLNO Ntl PJrvfinG ryEs gig E A ••curuuids �.� M — a eo"'� ,� .M ��•-mom wl,r-. 8 __�—_�.._�.—.—__ •� :gym �m EHEN � � LITi Page 8 EXHIBIT A C. Building Elevations d. o r� Ui CORE STATES J �n L �. ® mom m ova ' puinUln9igiigi igginnpi Pao- 9 EXHIBIT A 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 staeking is allowed in the outside tfavel lane that sei=ves as an eseape lane; depie f. Signage should be installed notifying patrons walk-up ordering is not allowed. g. 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. 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 11-513-6F. Page 10 EXHIBIT A B. PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. Ensure no sewer services cross infiltration trenches. 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. Page 11 EXHIBIT A 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. 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:llweblink.meridiancily.orglWebLink/DocView.aspx?id=295656&dbid=0&r0o=MeridianC ity D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=295701&dbid=0&r0o=MeridianC ity E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.orglWebLink/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. The Commission 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. The Commission 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 V111 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. Page 12 EXHIBIT A The Commission 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. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission finds 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. The Commission finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. The Commission finds the proposed 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) The Commission 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 13 E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Planning and Zoning Commission Meeting June 15, 2023 Item #7: Loose Crew Brewery (H AERIAL MAPZONING MAP FUTURE LAND USE MAP Conditional use Permit–0025) -2023- Site & Landscape Plan Existing Conditions Proposed Building Elevations Conceptual Building Floor Plans ADHD Staff Report Comments Item #8: Black Box VR (H AERIAL MAPZONING MAPFUTURE LAND USE MAP Conditional use Permit–0022) -2023- Approved Site & Landscape Plan Approved Elevations Item #9: Ten Mile Costa Vida(H AERIAL MAPZONING MAP FUTURE LAND USE MAP Conditional use Permit–0018) -2023- Site & Landscape Plan Proposed Elevations W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing continued from 6-1-2023 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 15, 2023 ITEM # ON AGENDA: 3 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 c; 2 f 3 4 5 6 7 8 9 10 11 12 13 14 E IDIAN -- STAFF REPORT .►a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 15,2023 Wegend DATE: Continued from:May and d June 1, f f I Project Lacai�ar i 2023 i i 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. (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 Jxed U�e Legend Y 0 f Ie'rc r nt �' rg I +Luc o-5o . � Prnje t Lacaian .J Medium ens r' � rr Residel1f10l LDW D nslty µ Re Id ntlalSm x: , ,y is `—`— Van N ; 4r Zoning Map Planned Development Map II Legend = Legend 0PPE jest Laegion let Project Laeafiar City Lin-cit �- — Purred Parve's �1 R=S R-13 RUT ` UT R.- R- LSO RUI 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 12'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.£)within a residential district; includes lighted fields adjoining/within a residential district; will generate in excess of 1,500 vehicular trips per day;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-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 6-3-6)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. B. The Meridian Planning&Zoning Commission heard these items on May 18,2023.At the public hearing,the Commission moved to continue the subject AZ and CUP requests to June I't in order to review the ACHD report. The ACHD report wasn't received by the 1"so the Commission continued the project to the June 15'hearing date. 1. Summary of Commission public hearing_ a. In favor: Amber Van Ocker,Applicant's Representative; Sonia Daleiden,Kittleson& Assoc. b. In opposition: None C. Commenting: Patrick Nichols d. Written testimony: Amber Van Ocker,Applicant's Representative e. Staff presenting,application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. The Applicant requests to not be required to construct Owyhee Storm&Ersatz(&the associated sidewalks/pathways and street buffers)to the northern property boundary, just to the northern boundary of the school campus proposed to develop at this time; and the street buffer&pathway along McMillan to be constructed with future development of that area. b. Concerns with how traffic generated from the proposed school will impact already congested traffic and intersections in the vicinity. 3. Ke, ids)of discussion by Commission: a. The timing for construction of Owyhee Storm&Ersatz to the northern property boundary; and pedestrian walkways and street buffers along public streets; b. Concerns pertaining to traffic and existing congestion in this area and impacts from the proposed development. 4. Commission change(s)to Staff recommendation: a. At Staff s request,include a clarification to DA provision#1.1d that all street buffers adjacent to public streets also be constructed with the first phase of development. 5. Outstandingissue(s)ssue(s) for City Council: a. The Applicant should provide more details on how perimeter fencing, signage,public art, etc.planned for the site incorporates the"modern rural"design theme in accord with the Fields Sub-area Plan. Page I I VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map LEGAL DESCRIPTION r:=} THE E WE Page 1 OF 1 i LAND 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: ��LAMD The Land Group,Inc. rti0 ` T P. 7880 oz 3-2-2023 James R.Washburn OF 0 .WIN Page 12 C 114 SEC.29 CP&F#2021160791 S89°2?35"E 1325-02' - 7080 W MCMILLAH ROAD o COLE VALLEY CHRISTIAN SCHOOL AW SO429427600 CD w 71.28 ACRES `v a o - o 4 I� Sd(P'1616"W 21.70'V N89°43AM 77421' v MCMILLAN"AD 50d°51'fl7"W 4fiU.74' :SO429438725 93.4 .61 ACRESPliw 77326' 45462' 1321.44' -S.29 S.28 WW Ilr ]lci[ILLdN S89°22'00"E 2642,71 — 1 ROAD �J S.32 5.33 5114 SEC.29 SE COR SEC.29 CP&F#2016120635 k { CP&F#2020020779 �. '7880 3-2-2023 J�, 0 .WA 0 509 1000' i Exhibit"B" a r Hoflmntal Scale: 1'= 500' Project No.:121048 March 2,2023 b ash 01 THE Annexation Description "a= LAND Cale Valley Christian Schaal =GROUP 7080 W. McMillan Road Page 13 B. Proposed Site Plan with Phasing Plan(dated: 3/1/23) Q I . 1 I E Q�E. ��.. • rn �j .� i 77 i �� ...... .. 'us—'—ram r�— �oar ^--•y— •�i" 5 �!e E° l l _ sees! e! f i�= •e ! ! i! fls c� ey Vall Ch i=t S b..s g `-' N a ��I Site Derelopmeot Plan I� �I I I �r.�' � '.® Page 14 i - - � 6 , 11 i 11 j I r `5 1 i i —----- � ------ �2i l' II II lo- 11 {r A --- f j r•. .1411 11 — ■ ■ �.1 � �i� �9 m �� — �� i r I � _ ��I• n n� I rraFr.�!!�r^^aFi FFFFF •••••• PRO col.e�lky rtLn tm s&..Is Site Deaelopmeoi Plffi Page 15 1 Ill o I f� j ��771111�1111111� j *� II �,��, i 11 N, r� , '7 �•` ate-- 1 I - �I llli I } i I I LIl1 � I � y L J �y'1� �•r } 1 �I . a 26I �:a I log A I a I I I t y� i 1 1 lit II � fI, , I-IITh.R w- . - 2Y2��?LL}••••� �rw } r�Rw r• r�r-r-r 7' Eq 1 •m � � yc� �E °�Valley Ch t.. i 8 a I,I i� I Site Dec'elopmeni Plan I I . i � Page 16 C. Landscape Plan(dated: 3/l/23) 9 611 1 1 i'd'd'd d 12"" I I UM . f 1. 4 M El 9 k jjj j E E'J U ......... . ........... .. ................ . ................ ............ ---- - --------- ... ..... ............. ........ . � m m ............ T.0 tl Page 17 I� f i� I 9 I I � - a 1 —.—e . IIf 1 ] i MIR •i l rm CPT q. q�. OD COO . ao co a�_cic_� - •,��Ali i ..� i'S •y +— ri was^ o a l3i a i E 771- tole Valley[ .;�;�„Schools �! :f SiteDevalopmaotPl- ITuilnq LHEo �•�•^....I.A��•• Page 18 II 1 ` i OE L--J I III I � II I�uI��I III I�u�T II I i o r I I" I F I °C 1 1 ------ ----- I I II II • ���� � } F' i „`'� I, I I i- '11 Ei Ilr I ! •!1 I Q ■_ f�•liI i II il j ill ..II = I I• � i III IIII - 1 SIB ■ 9.; ��s FFCFFFCFFCFFCFFCFFCl� � Eeli ���1� �� I.�l� :d��^ IFS 11 I ,E , � � a -I'I Sto D-1.—tPl- uwa ��t Page 19 a i. Ili i { riiinninii�" ICI ! 'Y 5 1 i f I � Pff 1 HE— ■j I \ ■ ■ ■ F +-+ �w-wT+ — r— -r.-e tom.7-x:.� -t. .7w�..���.-.�t•—.. - - w MMILLWI■ono -- — o,� w � I N 8■ � ■ �!" � ` �li� `ice •' :w w-� I i�-• l IN �; �i�2f iFrfE� i. F G� - ' s:32iiaar Site Derzlo—w Plan Page 20 D. Building Elevations w U t J a s SOUTH ELEVATION OVERALL U m .m„ Z a F m x U r w la SOUTH ELEVATION-PRESCHOOL!ELEMENTARY SCHOOL ENTRANCE �C 75 < U U J Q rr LU i a > z 0 U lb SOUTH ELEVATION-MIDDLESCHOOL!HIGH SCHOOL ENTRANCE m Page 21 g COLE VALLEY CHRISTIAN a U - Y33 O� PRESCHOOL I ELEMENTARY EWWNCE c M1 — sm_ -a_w 1111 a p L.L..II�Linllll•.Ti --ro_PAx� � w, Ell ALL-,3r U � — Q W U w Z MIDDLE I HIGH SCHOOL ENTRANCE 4 Page 22 s 1 WRTHELEVATMOVERALL 5� EEC— la NMTH ELEVATtO 1 d a U J Q ry _ z g V m lb NORTH ETEVATroN z J U EAST ELEVATION OVERALL w 8� (n a Q z _� ®• w U o 2 WEST ELEVATION OVERALL I U U m Page 23 W F V F m x 8� PRESCHOOL!ELEMENTARY ENTRANCE 2 MIDDLE/HIGH SCHOOL ENTRANCE Mf D a W w I a Z U o > w U x w 3 AERIAL MIDDLE I HIGH SCHOOL ENTRANCE 4 NORTHPATIO 7 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 1. Site Specific Conditions of Approval 1.1 At the applicant's request the City will allow a temporary lift station for the sports field concession stand and restrooms subject to the following requirements: Page 26 • The lift station is only for the sports fields concession&restrooms.No other flows can be added to it in the future. • No connections from neighboring properties will be allowed. The only flow for the lift station must be from the school property. • It must be taken offline as part of the construction of the school. It cannot be done separately at a later date. • The discharge line must discharge to a manhole that has an H2S liner. • The manhole must be vented above the surround houses. One suggestion is to run a vent up a telephone pole or similar. • The force main discharge line must connect perpendicular to the manhole and not run parallel in the ROW.A force main cannot run along the road. The lift station itself(which will most likely be a little grinder pump)will not require a QLPE. It will be private infrastructure and DEQ only reviews public infrastructure. It will be more of a plumbing code issue. However,the discharge configuration does need to be reviewed by the City. This includes the manhole and ventilation process. This could be submitted with the plans for the development to the east to which this will discharge. We would review and provide comments for that. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form available from 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. Page 27 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.15 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.17 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancioy.oMIgublic works.aspx?id=272. 2.19 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 28 2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=292608&dbid=0&repo=Meridian C Lty D. PARK'S DEPARTMENT https://weblink.meridianciU.oLvlWebLinkIDocView.aspx?id=292614&dbid=0&repo=MeridianC ky E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=294319&dbid=0&repo=Meridian C ky F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=294389&dbid=0&re2o=MeridianC ky G. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.org/WebLink/DocView.aspx?id=293650&dbid=0&repo=MeridianC ity H. IDAHO TRANSPORTATION DEPARTMENT(ITD) TIS Acceptance: https://weblink.meridiancity.org/WebLink/DocView.aspx?id=292597&dbid=0&repo=MeridianC iv I. ADA COUNTY HIGHWAY DISTRICT(ACHD) TIS Acceptance: https://weblink.meridiancity.org/WebLink/DocView.aspx?id=292599&dbid=0&repo=MeridianC hty Staff report: https://weblink.meridiancily.org/WebLink/DocView.aspx?id=299118&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: Page 29 1. 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. 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. Page 30 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. 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 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing continued from 5-4-2023 for Costco Development (H-2023- 0007) by Barghausen Consulting Engineers, Inc., located at 3403 W. Chinden Blvd. Application Materials: https://bit.ly/H-2023-0007 A. Request: Development Agreement Modification to the existing Development Agreement [Inst. #2018-069276 (H-2018-0004), amended as Inst. #2018-114828 H-2018-0066)], which currently prohibits deliveries from occurring between the hours of 10:00 pm and 5:00 am to prohibit deliveries from occurring between the hours of 11:00 pm and 3:00 am.B. Request: Conditional use permit to allow extended business hours of operation from 6:00 am - 11:00 pm to 3:00 am - 11:00 pm. PUBLIC HEARING SIGN IN SHEET DATE: June 15, 2023 ITEM # ON AGENDA: 4 PROJECT NAME: r Costco Development (H-2023-0007) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name Al D 0�s.t 0 A- A L) 2 U t l-�sl ��3� ��; � �°- �`��^^�� �,���1.��� �b �3 � �� Yam- 3 U-(5- N V 1 W` J'� C �1 t 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING June 15,2023 Legend DATE: Continued from:May 4, 2023 ff I PFnje--t Lorca liar 0 TO: Planning&Zoning Commission h FROM: Sonya Allen,Associate Planner - 208-884-5533 a SUBJECT: H-2023-0007 Costco Development— hl MDA, CUP LOCATION: Southwest corner of W. Chinden Blvd. ❑ and N. Ten Mile Rd. at 3403 W. Chinden Blvd. in the NE 1/4 of Section 27, Township 4N.,Range 1 W. _ J ' I. PROJECT DESCRIPTION Modification to the existing Development Agreement [Inst. #2018-069276(File#H-2018-0004), amended as Inst. #2018-114828(File#H-2018-0066)],which currently prohibits deliveries for Costco from occurring between the hours of 10:00 p.m. and 5:00 a.m. to prohibit deliveries from occurring between the hours of 11:00 p.m. and 3:00 a.m.; and Conditional Use Permit to allow extended business hours of operation from 6:00 a.m. - 11:00 p.m.to 3:00 a.m. - 11:00 p.m. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 17.20(overall property) Future Land Use Designation Commercial Existing Land Use Commercial retail/fuel sales facility Proposed Land Use(s) NA Current Zoning General Retail&Service Commercial(C-G) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 4/4/2023; 11 people attended attendees: History(previous approvals) H-2018-0004(DA Inst.#2018-069276); H-2018-0066(amended DA Inst. #2018-114828) Page 1 1 NI 1111'= I '.' . INN I .-- „„ , H I E ' __-- —=CHI� E .. ......,, Illln - I di I IMP =-IIx�I_2 • _ = ill: _ ��� _�� , - ' = '@.pill _ .II „' 11 I,IIII' �„I:i::i Illli 52 :' � Winr.I,-2•�I.I 11 INN 71.. IN 1 Imo• NMI= C. ILni'f/�l�fl ''+i�r: ' r}1',FFli:,lll ELE 1 �11M d''..... °un' ^Yi,-i+• I •=2'� _ Y I_.17.,,,,�uu.. �x.N� -cz�•:z�' � I __ -__=_ill iii.''i:: -__ - ■:,,; __ .NNIM., p _- ■ Ill'-•- _ -- - �',. + �'•5 ill,I,li,• -� =I I�+111 IIIII - •�1111 I 'IL*+L. P,.,,. ,; Llluu�,. ...L ,..in•,l. �"' :�:�' �„s • ...I.�. .I.I...I. �_ �H. -F.;.�':�::�II,.II�.II I IIIIIt II ': 4! i ice. n. L''`.n. .,..! 1INIY IIY, - u�h��w T ■ - �nii'll„u . - l u'll1 _LII Illll�lpllll- - ■ ��•m r.......... •' fllllllil ly'. II-- U I I �'�Jt-','gs,llllnnr 2 I III II II ,.. IN i. • ' '11111 v i , I- IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 4/19/2023 Radius notification mailed to properties within 300 feet 4/15/2023 Public hearing notice sign posted 4/24/2023 on site Nextdoor posting 4/15/2023 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): LAND USE: This property is designated Commercial on the Future Land Use Map(FLUM). This designation provides for a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. No changes to the FLUM designation or zoning is proposed with this application. COMPREHENSIVE PLAN POLICIES(hyps://www.meridianciby.or/p lan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policy to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Preserve private property rights and values by enforcing regulations that will prevent and mitigate against incompatible and detrimental neighboring uses." (3.05.01C) The UDC(11-2B-3B) limits business hours of operation in the C-G zoning district from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district to lessen negative impacts on adjacent residential neighbors, unless otherwise approved through a conditional use permit. Through the Development Agreement(DA), deliveries for Costco are specifically prohibited between the hours of 10:00 p.m. and 5:00 a.m. Council should rely on written and public testimony from adjacent neighbors in determining if extended hours for deliveries will be incompatible with and detrimental to adjacent existing and future residential uses. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The Applicant requests approval of a modification to the existing Development Agreement [Inst. #2018- 069276(File#H-2018-0004), amended as Inst. #2018-114828(File#H-2018-0066)],which currently prohibits deliveries for Costco from occurring between the hours of 10:00 p.m. and 5:00 a.m.,to instead prohibit deliveries from occurring between the hours of 11:00 p.m. and 3:00 a.m. See existing DA provisions in Section VILLA below. The reason for the Applicant's request is to improve warehouse logistics and alleviate congestion during the morning and evening hours at the loading docks. Costco is not proposing to increase the volume of truck deliveries. Two (2)delivery trucks, occasionally three(3), are anticipated between the hours of 3:00 am to 5:00 am. The modified hours will allow trucks to deliver goods upon arrival instead of waiting in queue during restricted hours,which forces multiple trucks to wait overnight in the parking lot Page 3 causing congestion in the morning hours and puts pressure on warehouse staff to work faster than normal to clear the backlog. Likewise,there is pressure to finish deliveries by the evening cutoff time so that trucks don't have to wait overnight. These issues would be alleviated by extending the allowed delivery hours. Noise generated from deliveries after the semi-trucks are parked at the loading docks consist of engine idling;back-up beepers from the forklifts that are unloading,traveling into the trucks and then backing into the warehouse to stack the palleted merchandise; and"bang"noises that radiate from the trailers when the forklifts enter and leave the truck created by the small elevation change between the trailer bed and the loading dock leveler. There is a total of four(4) loading docks located on the north side of the northwest corner of the building in the location shown below. SD202 b PAR KINGZONE� OR { • ONI OIICRE�E TREWS-SEE 19 WRLK.�SIM a SCORE Sm WAY DREIAND 1 GLITTER, 1 B 9 TYPICAL LOADING — — — — DOCK BOLLARDS AT SITE RMENRY-SEE CANOPY , ' SD201 GAS SERVICE LANDSCAPE DWG �. + ARCORIGIN•FACEOFCANGPY, IN MUMNTNETVYEEN ENTRANCE I y ANDFMITMIORS TIRE •"51 I CENTER >A $.�' .... COMPALTGRS TRANSFORMER M ..I 20 DO LARDS AT ARC ORIGIN. F+i A507 TRANSFORMER CENTER OF TIRE SALES EE t US 148K DOOR t GROUP M TYPE VB L a W FIRE DEPT I $ ROOM I fJ zs'v r.0, e J I� Tr-0' I MECHANICAL r—ROOM F ALM 5D20 SPEED BUMP SPEED BUMP 5� LANDSCAPE RIIFFER A - - Lost Rapids Apartments �- - - - Single-family homes in Bainbridge Subdivision are being constructed to the west of the site and are still under ownership by the developer. Multi-family apartments exist to the south of the site in Lost Rapids Subdivision as shown below. When the preliminary plat for Lost Rapids subdivision was approved, which included the Costco property and commercial pads to the north and east,Bainbridge Subdivision to the west and Lost Rapids apartments to the south, a substantial building setback and landscape buffer was planned between the commercial and adjacent residential developments, as depicted on the plan below. Page 4 W.CHINDEN BLVD,(HWY 20/26) J ti. FUTURE I COMMERCIAL Il SUBUIYISIC14 y 1 1 ------ - _�.... ♦- 4 1 CO$TCO �� i�3 2 3 TI N TION D,_ fi FlIry1RE } •�-'-- COMMERCIAL 1 - SU60NISION ' A minimum 25-foot wide landscaped buffer is typically required on C-G zoned property that abuts a residential use. In this case,there is approximately 115 feet between the west side of the Costco building where the loading docks are located and the rear lot line of the nearest residential property. On the south side,there is approximately 80 feet between the south side of the Costco building and the back side of the nearest apartment building and over 350 feet from the loading docks.A dense landscape buffer with a 6-foot tall solid wood fence exists between Costco and the residential uses to assist in buffering and noise mitigation. A sound measurement report submitted with this application prepared by Yantis Acoustics,dated August 31,2022, finds that extending the receiving/delivery hours will not create significant impacts based on the sound measurements at the loading dock and delivery truck activities. Measurements were made at two(2)locations, one near the loading dock and one near the on-site truck route south of the building. Measured levels were used to calculate the sound at the closest future residences adjacent to the site. Sound at the residences was found to be substantially less than the maximum acceptable residential sound levels per the guidelines published by the Dept. of Housing and Urban Development(HUD). Sound from the loading dock activities could cause sleep interference inside the bedrooms of the residential properties to the west and south if residents have their windows open;with bedroom windows closed,the interior sound levels produced by the loading dock activity is less than World Health Organization guidelines for sleep interference. Therefore,no mitigation measurements are recommended in the report.See report for more information. The sound report states that noise from site operations remain compliant with the City's noise ordinance (MCC 6-3-6-Noises Creating Public Disturbance),which reads: A. Prohibited acts. Between the hours of 11:00 p.m. and 6:00 a.m., or at anytime so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others, it is unlawful for any person to cause, or for any person in possession ofproperty to allow to originate from Page 5 such property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noise: 1. Horns or sirens. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. Repetitive motor vehicle sounds. The creation offrequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 3. Yelling or shouting. Yelling, shouting, hooting, whistling or singing on or near the public streets which unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 4. Noise from buildings. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, or from any fixture or apparatus attached thereto, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions or social gatherings; 5. Motor vehicle sound systems. Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50)feet from the vehicle itself; 6. Audio equipment. Sound from audio equipment or any device that amplifies sound, operated at a volume so as to be audible greater than fifty(50)feet from the source or so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. B. Exceptions. 1. Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency. 2. Sounds caused by activities upon any outdoor municipal, school, religious, or publicly owned property,park, or facility,provided that such activities have been authorized by the owner of such property or facility or its agent. 3. Sounds caused by parades,fireworks displays, or any other event for which a permit for that type of activity is required and has been obtained from the authorized governmental entity within such hours as may be imposed as a condition for the issuance of said permit. 4. Sounds caused by locomotives or other railroad equipment. 5. Sounds caused by burglar alarms that are not in violation of this code. 6. Sounds caused by safety warning devices required by law. 7. Sounds caused by devices or machinery that is part of the use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit(i.e., drive-through window speakers, car lot PA systems). 8. Sounds emanating from devices used within the common areas of a multi-unit facility whose use has been approved by the owners or management of the facility. Said use must comply with any regulations imposed by the owners or management of the facility to be exempt Page 6 under this section. This exemption only applies in relation to other units within the same facility. Staff has"bolded"the text of the applicable sections of the noise ordinance that may apply to the existing/proposed use. As noted,the noise associated with deliveries may be considered exempt from the requirements if a CUP is approved; otherwise,the use(i.e. deliveries) during the hours proposed may violate the City's noise ordinance if determined to be a public disturbance. The Applicant states since opening, Costco has not received any complaints about its operation and expects that extending delivery hours will not result in significant impacts. Staff checked with the Police Department to see if any complaints pertaining to noise from deliveries have been logged and there have been none. It's important to note that no one has been living in the area adjacent to the loading docks in Bainbridge Subdivision as homes are still under construction in that phase of the development and are not yet occupied. During the public hearings before the Planning&Zoning Commission and City Council for annexation of the subject property for future development of Costco Wholesale,much testimony was provided from neighbors pertaining to the impact the Costco development would have on their quality of life.Many of the concerns noted pertained to noise,including noise generated from deliveries and trucks idling waiting to unload.To address neighbor's concerns,the Applicant committed to restricting the hours of operation so that no deliveries would occur between the hours of 10:00 p.m. and 5:00 a.m. stating they'd have the ability to stage deliveries because the trucks come from their own depots. Staff is unsure why this is now an issue for Costco due to their ability to stage deliveries. It is logical that extended hours for deliveries would benefit warehouse staff by spreading out the window of time in which deliveries may occur;however, Staff has significant concerns about the noise impacts on adjacent neighbors. Since the time Costco was approved,the western portion of Bainbridge Subdivision(No. 11 aka Cadence)has developed and is now occupied and the eastern portion(No. 12 aka Cadence)is under construction and is still under ownership by the developer and is not yet occupied. A petition was received with 33 signatures from the residents of Cadence Bainbridge Subdivision(the western occupied portion)opposing the extended hours of operation requested by the Applicant. The apartments(Olivia aka Lost Rapids)directly to the south are also now occupied. A letter opposing the extended hours of operation was received from Tablerock Management on behalf of Olivia Apartments with evidence obtained from their own investigations of Costco's delivery truck noise and it's negative impact on their residents,which total at least 61 apartments with approximately 122 residents. Another letter of opposition was received from the Homeowner's Association Board of Directors of Bainbridge Subdivision,which lies south of W. Lost Rapids Dr. and west of N. Tree Farm Way. The primary objection noted is the use of Tree Farm and/or Lost Rapids Dr.by delivery truck traffic, creating noise pollution and impacting sleeping residents in the surrounding community. The letter requests the modification to delivery hours is denied, or at a minimum, stronger action and street signage, including pavement markings, are required to make it clear semi-trucks may NOT utilize Tree Farm or Lost Rapids Dr.to access and/or depart the site consistent with the access requirements in the Development Agreement(DA). The DA states the primary service access for Costco delivery trucks and other local vendors shall be from the driveway access via N. Ten Mile Rd. approximately 660 feet north of W. Lost Rapids Dr. The driveway access via W. Lost Rapids Dr. driveway, approximately 350 feet west of N. Ten Mile Rd. may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. A `No thru Track Traffic"sign was required to be installed between the N. Tree Farm Way intersection and the W. Lost Rapids Dr. service driveway access. Page 7 Three(3)other letters of testimony were also received from area citizens opposing the proposed modification. Because of the great amount of testimony provided from neighbors that resulted in the current limitation on business hours of operation and the great amount received in opposition to the proposed modification, Staff is not in support of a change that would likely increase the negative impact on adjacent existing and future residents in the vicinity. Staff recommends the Commission and Council rely on written testimony that has been submitted from adjacent neighbors and testimony presented at the public hearing in determining if the proposed extended hours of operation will negatively impact adjacent existing and future residential uses. B. CONDITIONAL USE PERMIT(CUP) A CUP is proposed to extend the business hours of operation from 6:00 a.m. - 11:00 p.m. to 3:00 a.m. - 11:00 p.m. for delivery purposes. The UDC(11-2B-3B) limits business hours of operation in the C-G zoning district from 6:00 a.m. to 11:00 p.m.when the property abuts a residential use or district; extended hours may be requested through a CUP. These restrictions apply to all business operations occurring outside an enclosed structure,including,but not limited to,customer or client visits,trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure, including,but not limited to, cleaning,bookkeeping, and after hours work by a limited number of employees. For the reasons noted above in Sections V and VI.A, Staff is not supportive of the proposed MDA and therefore,is not in support of the CUP request. VII. DECISION A. Staff: Staff recommends denial of the proposed modification to the existing Development Agreement and Conditional Use Permit for the reasons noted above in Sections V and VI,per the Findings in Section X. Page 8 VIII. EXHIBIT Existing Development Agreement Provisions with Proposed Changes in Strike-Out/Underline Format: 5.1 1. Future development of this site shall substantially comply with the conceptual development plan,preliminary plat and landscape plan and conceptual building elevations included in Exhibit A of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A"and the conditions contained herein. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. Up to two(2)building permits for the Costco Wholesale and associated fuel sales facility structures are allowed to be issued on the subject property prior to recordation of the subdivision plat. 4. Prior to issuance of any building permits, a property boundary adjustment application shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the preliminary plat. 5. The street buffer landscaping and 10-foot wide multi-use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along the entire frontage of N. Ten Mile Road shall be constructed with the first phase of development. 6. Business hours of operation in the C-G zoning district are limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. 7. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the commercial portion of the development to the residential uses as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C. 8. As committed to by the Applicant/Developer in response to neighborhood concerns,the following restrictions shall apply: a. The primary service access for Costco delivery trucks and other local vendors shall be from the driveway access via N. Ten Mile Road, approximately 660 feet north of W. Lost Rapids Drive. The driveway access via W. Lost Rapids Drive driveway, approximately 350 feet west of N. Ten Mile Road,may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. Businesses within the development shall notify their delivery providers of this access preference. b. A"no thru truck traffic"sign shall be installed between the N. Tree Farm Way intersection and the W. Lost Rapids Dr. service driveway access. c. No deliveries shall take place for Costco between the hours of 10 00 11:00 p.m. and 5-:00 3:00 a.m. d. Parking lot lighting shall be designed for 0.0 foot-candles at the property line in accord with UDC 1 1- 3A-1IC. e. Lighting on the site shall be reduced to the level necessary only for public safety and security purposes within one(1)hour of closing; there shall be a 50%reduction in lighting levels after store closes consistent with that shown in Exhibit A.B. 9. Prior to issuance of the first Certificate of Occupancy within this development,the following improvements shall be completed: SH 2O-26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection Page 9 upgrades from Tree Farm to Linder(1.5 miles);N. Ten Mile Rd. shall be widened to 4 lanes from Chinden to Walmart(0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr. 10. If within two(2)years of issuance of the Certificate of Occupancy for the Costco Wholesale building, assuming the Idaho Transportation Department is able to secure the required right-of-way, SH 2O-26/W. Chinden Blvd. shall be widened to four(4) lanes from N. Tree Farm Way to SH-16 (1.44 miles). Page 10 IX. CITY/AGENCY COMMENTS A. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.orb/WebLink/Doc View.aspx?id=290810&dbid=0&repo=MeridianCity B. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.org/WebLinkIDocView.aspx?id=289795&dbid=0&repo=MeridianCiU Page 11 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 (i.e. extended hours of operation)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 13 X. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the site is large enough to accommodate the proposed use and meets all of the dimensional and development regulations of the C-G zoning district in which its located. 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 extended hours of operation for deliveries is not harmonious with adjacent residential uses and the noise generated from deliveries at the times proposed will negatively impact these uses based on public testimony provided at the previous hearing for the Costco development. 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 although the design, construction and maintenance of the existing Costco Wholesale use was deemed to be generally compatible with adjacent uses in the vicinity with the annexation application, the proposed operation with extended hours of operation will not be compatible with adjacent existing and future residential uses and will adversely change the essential character of the area based on public testimony provided at the previous hearing for the Costco development. 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 (i.e. extended hours of operation)will adversely affect other properties in the vicinity based on public testimony provided at the previous hearing for the Costco development. 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 existing use is being served by essential public facilities and services as required; the proposed use(i.e. extended hours of operation will not have an impact to the provision of services. 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 (i.e. extended hours of operation)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 (i.e. extended hours of operation)will likely be detrimental to nearby residents due to noise generated from deliveries during the proposed extended business hours of operation based on public testimony provided at the previous hearing for the Costco development. Page 12 E IDIAN;--- Applicant Presentation Costco Development June 2023For Delivery Hours and Business Hours Conditional Use PermitAgreement Amendment and Introduction Evaluation Process•Current Operational Challenges•Original Decision-Background • Sound Study Guideline.to the west will be well within the HUD The predicted sound levels at the residences •residential use.65 dBA or less is considered “acceptable” for •have the potential to cause sleep interference.acoustic environment, including those that Encompasses all noises that make up the •residential environments. to judge the potential for annoyance to noise in HUD Guidelines are the most accurate metric •Data evaluated using HUD Guidelines•Sound measured for two days• West Property Line Loading Docks Face North•No Box Trucks Before 8AM•Circulate Behind the BuildingTrucks Not Allowed to -Semi•Homes Restricted to One Story•Wide Buffer with Trees•Six Foot Fence•Four Foot Berm• Approved at DepotDriver Training Will Be Provided •InstalledWayfinding Signs Will Be •Lost Rapids DriveEastbound on W –Prohibited •Mile RoadDrive to access signal at N Ten Trucks may use W Lost Rapids •BoulevardWest Chinden –Secondary •Ten Mile Road.North Driveway on N –Primary •Truck Routes South Property Line of Costco BuildingLoading Docks on Opposite Side •No Box Trucks Before 8AM•Circulate Behind the BuildingTrucks Not Allowed to -Semi• Closing Comments and successful business in the community.The request is consistent with Costco’s intent to be a good neighbor •The request is consistent with the spirit of the original approval.•attenuation to adjacent residential properties.The site design, travel routes, and operation will maximize sound •site. -time delivery vehicles spend onresolve periodic variations in the delivery times and minimize the The additional delivery hours will provide Costco the flexibility to • END Predicted Sound Lower than HUD Criteria –South •Lower than HUD Criteria–West •Levels Sleep Interference C E IDIAN�-- Public Presentation(s) ©ufch Bros y, r _ MachensDesign-Idaho ;Slim Chickens Based Logo Design r - Iver ive _ Cos [on oe- I I r Cadence at a;� t �` ., +• '�r,I �� .BufgB�ping�- �i � :� , -- Bainbridge '� Fas Food Corstco ter X,r• • sip "' ' LA r Mou tairiA. a•$i. 1, WSunnyCoveSt � Ca ence at alp hr'iHg', o Fopd court !• _ _ rig �.. r Rio Mexican Grill 1 tP.lexlcan•j$ 'lo 1 3i T f ti a ° Ofi8 W Lost� , - Olivia Aptmts ii Z' z P[ds Dr Pa�rking.:7 `. �.re *, I •s �. ••. ._ PCo ti Bainbridge '. _ I Keith Bird r s Legacy Park Exo s Ordnance 4 � ti _ T porarily close A - � � y` ' ap Bainbridge • Le Bois Realty TV s - Google r F ._ �r - 1 I1 IImcwry BflYli ail.0 C.xFCI tirkw Y®rTrAnnlmim .a(fmnn uS Cm4ve��Giwv ILSI]GlFP1C.IC.F[]LAa�A...1-11—do W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing continued from 5-18-2023 for Julia Subdivision (H-2023-0003) by Hesscomm Corporation, located at 2435 N. Black Cat Rd. Application Materials: https:Hbit.ly/H-2023-0003 A. Request: Annexation of 2.77 acres of land with an R-8 zoning district.B. Request: Preliminary Plat consisting of 10 buildable lots and 5 common lots on 2.77 acres of land in in the R-8 zoning district. PUBLIC HEARING SIGN IN SHEET DATE: June 15, 2023 ITEM # ON AGENDA: 5 PROJECT NAME: Julia Subdivision (H-2023-0003) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 � . 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT 1,H p HEARING July 6,2023 Legend DATE: Continued from:May 18 and June 15, ff f Y I�Project Luca ton �m 0 2023 TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Julia Subdivision—AZ,PP H-2023-0003 Mfg LOCATION: 2435 N. Black Cat Rd., in the NE 1/4 of Section 4,T.3N.,R.1 W. (Parcel #S1204141840) I. PROJECT DESCRIPTION Annexation(AZ)of 2.77 acres of land with an R-8 zoning district; and preliminary plat(PP)consisting of 10 buildable lots and 5 common lots on 2.77 acres of land in the R-8 zoning district for Julia Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.77 acres Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Rural residential Proposed Land Uses Single-family detached dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium Density Residential) Lots(#and type;bldg/common) 10 building/5 common Phasing plan(#of phases) 1 Number of Residential Units(type 10 single-family detached units,including one existing home of units) Density(gross&net) 3.61 units/acre(gross) Open Space(acres,total[%]/ 0.59-acre(or 22%)consisting of street buffer,open space with pathways and buffer/qualified) a storm drainage area. Amenities NA Physical Features(waterways, The Sky Pilot drain runs along the south&west boundaries of the site hazards,flood plain,hillside) Page 1 Neighborhood meeting date 1/4/23 History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no • TIS(yes/no) No(not required) • Level of Service(LOS) Better than"E"at PM peak hours,which is an acceptable LOS for a 2-lane minor arterial Black Cat). • Existing Conditions There is one existing driveway serving the existing home via N.Black Cat Rd. • CIP/IFYWP Capital Improvements Plan(CIP)!Integrated Five Year Work Plan(IFYWP): • Ustick Road is scheduled in the IFYWP for a corridor improvement project:Ustick Corridor B, which includes widening the north and south legs to 7-lanes and the east and west legs to 6- lanes from Black Cat Road to Star Road and constructing enhanced pedestrian/bike facilities and intersection lighting with design scheduled for 2025. • Black Cat Road is listed in the GIP to be widened to 5-lanes from Cherry Lane to Ustick Road between 2031 and 2035. • The intersection of Cherry Lane and Black Cat Road is listed in the CIP to be widened to 4- lanes on the north leg,4-lanes on the south,4-lanes east,and 4-lanes on the west leg,and includes the construction of a dual-lane roundabout between 2031 and 2035. • The intersection of Ustick Road and Black Cat Road is listed in the CIP to be widened to 7- lanes on the north leg,7-lanes on the south,6-lanes east,and 6-lanes on the west leg,and signalized between 2026 and 2030, Access(Arterial/Collectors/State Two(2)accesses exist via Black Cat Rd.,an arterial street—(1)for the Hwy/Local)(Existing and Proposed) existing home and(1)for the Irrigation District. The residential access will be removed with development and access will provided via the extension of Julia Street from the north;no direct access is proposed via Black Cat Rd. Proposed Road Improvements No improvements are proposed or required for Black Cat Rd.ACHD is requiring an additional 50-feet of right-of-way(ROW)to be dedicated for future expansion of the road. Fire Service No comments received Police Service No comments received West Ada School District No comments received Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed mllllll■ • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Master Plan/Facility Plan • Impacts/Concerns Water • Distance to Services Directly adjacent • Pressure Zone • Estimated Project Water ERU's See application • Water Quality Concerns None Page 2 1Tan I1 ., ■� 111Y_. T C ,�■ F � flu 11 �•■ �.� o. 41 ■_■ NL■ MENIi loss 2:-■�■:,: loll■■ ■ _ 1 '. NINE .i - ■■■■ sun■ • ■ YY lN■l■■lL - _ - p NONE on I ■ ■uuu■u r� 1 11111■N •• ■ ■ ■■ 11 1ill 11 � ■■ 2: T• Mum IIII � loll ■ - V.'III I III -loll■■■ ••�i _ 1� ■loll■■■ _ . �. ONE Ins I CHERRY z_ Ill 1 ■•■ z Ill i -�■. -ii- �■ jm 1■x -2..;:. �■'1:raG loll + ■■ NL■ z- no NL■ on ■NE117■i ■l■117■i SEE, 'f,■�ry..ry. ■u■ 'f,■�ry..ry. IN Cya w uuu ■ _ uuu■ ■ _ loll■ IE■■■ ■loll �{ Y ■loll �{ Y �■■ ,W1 -_ S i■■ ,W1 -_ ■ ...no ■ IN■l■■lL iiiino ■ IN■lolls HHOMES on l NNNUN 1 h■■■■■ on l uuuuN■ ■+� 1 IIIIIIN = ■ - N IIIIIIN =■ ■ N NIII ON .0 11 1 '1 ■■ •IIII loll ■ - it-'.:� NONE ■ +umw 'loll■■■ •2l - }+umw '■loll■■ •2l .■uuu ■uuu = z ■uuu '�j ■ - ---z- ■uuu NR■ E �... ... .. B. Owners: Marquita M. Flansburg—2986 W. Deerfield Ct.,Eagle, ID 83616 Theresa Charlayne Call—4723 Bluff St.,Norco, CA 92860 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/3/2023 Radius notification mailed to property owners within 300 feet 4/28/2023 Public hearing notice sign posted 5/5/2023 on site Nextdoor 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. The subject property is an enclave surrounded by single-family homes zoned R-4(Medium Low-Density Residential)in the City on land also designated MDR on the FLUM. The Applicant proposes a 10-lot subdivision for single-family residential detached homes at a gross density of 3.61 units per acre,which is at the low end of the desired density range of the MDR designation and compatible with adjacent development. TRANSPORTATION: The Master Street Map(MSM) does not depict any collector streets across this property.North Black Cat Rd. along the eastern boundary of this site is designated as a residential arterial street and is listed in the ACHD CIP to be widened from 3-to 5-lanes between 2031 and 2035. Black Cat Rd. is currently improved with 2 travel lanes(one in each direction) and has no curb,gutter or sidewalk. Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family detached dwellings in a mix of sizes will contribute to the variety of housing options in this area and within the City as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) Page 4 The proposed site design with larger lot sizes abutting similar size lots to the west in Tricia's Crossing and to the south in Turnberry Subdivision will provide a good transition in density and lot sizes to abutting parcels. The lots proposed along the north boundary are narrower/smaller than those to the north in Tricia's Subdivision and have approximately a 1.5:1 transition, which should be adequate. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed and existing adjacent uses are all single-family detached residential homes, which should be generally compatible with each other, thereby reducing conflicts and maximizing use of land. • "Support infill development that does not negatively impact the abutting, existing development. Infll projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) Development of the subject infill property should not negatively impact abutting existing development due to the similar lots sizes and density proposed. (This development is not downtown) • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development, including the existing home, will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) A pedestrian pathway is proposed from the internal cul-de-sac to the proposed sidewalk along N. Black Cat Rd. and a segment of the City's multi-use pathway system is proposed along the southern boundary of the site in accord with the Pathways Master Plan. The sidewalk along Julia Ave. will provide a pedestrian connection to the development to the north. There are no pedestrian pathway stubs to this property from adjacent developments. • "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(along Julia Ave only) and sidewalks (along both Julia Ave and Black Cat) are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." With redevelopment of the site, the existing home is required to connect to City water and sewer service and the existing septic system and well should be abandoned. • "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."(6.01.02B) Page 5 There is currently one(1) access point on N. Black Cat Rd.for this property(and an irrigation access). With development, this access will be closed and access will be provided internally from within the subdivision via the extension off.Julia Ave.from the north. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 2.77 acres of land with an R-8 zoning district and develop the site with single-family homes at a gross density of 3.61 units per acre, consistent with the MDR FLUM designation as discussed above in Section V. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property 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 nine(9)new single-family residential detached dwellings and retention of the existing home(see Section VIII). 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. To ensure the subject property develops as proposed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 10 building lots and five(5)common lots on 2.77 acres of land in the proposed R-8 zoning district as shown in Section VIII.B. Proposed buildable lots range in size from 4,151 square feet(s.f.) (or 0.10 acre)to 12,671 s.f. (or 0.29 acre).The subdivision is proposed to develop in one(1)phase. Existing Structures/Site Improvements: There is an existing home and several other structures on the property. The existing home is proposed to remain on Lot 4, all other structures are proposed to be removed. Prior to the City Engineer's signature on the final plat,all existing structures that don't comply with the setbacks of the district shall be removed.A new address will be required for the existing home. Dimensional Standards (UDC 11-2): The proposed plat, existing home and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed lots comply with the minimum dimensional standards. The existing home complies with the setback requirements of the district. Note#11 on the preliminary plat pertaining to building setbacks should be removed as compliance with the setbacks in effect at the time of submittal of a building permit is required.Note#9 stating building setbacks and dimensional standards shall be in accord with the standards in effect at the time of subdivision should be changed to building permit submittal. Subdivision Design&Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3. Page 6 Access: There are two(2) existing accesses via Black Cat Rd., an arterial street—(1)for the existing home and(1)for the Irrigation District. The driveway for the existing home will be removed and the driveway for the Irrigation District will remain. Access is proposed via the extension of N. Julia Ave. at the north boundary of the site,which terminates in a cul-de-sac; direct access is not proposed or allowed via N. Black Cat Rd. A common driveway is proposed for access to Lots 12-14.A exhibit for the common driveway was submitted as shown in Section VIII that complies with the standards listed in UDC 11-6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment.A copy of such should be submitted with the final plat for City Engineer signature; or,a plat note could be included on the plat that includes this information. Landscaping: A 25-foot wide street buffer is required along N. Black Cat Rd., an arterial street,per UDC Table 11-2A-6,measured from ultimate back of curb location. A buffer is depicted on the landscape plan that appears to meet this requirement. The buffer should be depicted on the plat in a common lot as proposed with landscaping per the standards listed in UDC 11-3B-7C.3. Landscaping,including trees and bushes,is required along all pathways in accord with the standards listed in UDC 11-3B-12C and should be depicted on the landscape plan submitted with the final plat application.A landscape strip a minimum of 5-feet wide is required to be provided along each side of the pathway; designs are encouraged in which the width of the landscape strip varies to provide additional width to plant trees farather from the pathway to prevent root damage(see UDC I I- 3B-12C for more information).Note:If there is not adequate room outside of the Irrigation District's easement to place trees along the pathway, alternative compliance may be regested to this standard. There are several existing trees on the site—where possible,existing trees should be retained. Mitigation is required in accord with the standards listed in UDC 11-3B-10C.5; calculations demonstrating compliance with the aforementioned standards should be depicted on the landscape plan. Common Open Space& Site Amenities(UDC 11-3G-3): Because the site is below 5-acres in size, common open space and site amenities are not required per UDC 11-3G-2. However,the applicant is proposing 0.59-acre (or 22%)of open space consisting of street buffer, open space with pathways and a storm drainage area. Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. A multi-use pathway is proposed along the southern boundary of the site in accord with the Pathways Master Plan.A 14-foot wide public pedestrian easement is required for the pathway(see Park's Dept. comments in Section IX.G). A micro-pathway is proposed out to Black Cat from the Julia cul-de-sac. Sidewalks(11-3A-17): 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)in lieu of on-street bike lanes for roadways identified for improvement in the CIP,Staff recommends a 10-foot wide MUP is required as a provision of the development agreement. Parking: Off-street parking is required to be provided for each home based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6. Because the garage for the existing home is proposed to be removed,Staff recommends a provision in the DA requiring a minimum 2-car garage is constructed that provides parking in accord with UDC standards prior to the City Engineer's signature on the final plat. Waterways: The Sky Pilot Drain exists along the west and south boundaries of this site within a 100- foot wide easement(50-feet on each side,measured from centerline)per the letter received from the Page 7 Irrigation District. Along the southern boundary,the drain is located on this site and is open; the Applicant proposes to pipe the open section of the drain. Along the western boundary,the drain is located on the adjacent property to the west(Lot 8,Block 1,Tricia's Crossing) and has been piped. The lots along the southern and western boundaries(i.e.Lots 7,9-12 and 15) significantly encroach within the easement for the drain.NMID has stated they will consider encroachments within the outer 20-feet of the easement with a license agreement similar to what they approved with the adjacent development to the west(Tricia's Crossing).No buildings or trees would be allowed in the inner 30-feet of the easement but lawn and fences could be allowed.If approved,the easement should be clearly depicted on the final plat with the recorded instrument number of the license agreement.A recorded copy of the license agreement should be submitted prior to signature on the final plat by the City Engineer. If a license agreement cannot be obtained as anticipated,there may not be adequate area to construct homes on these lots. The UDC (11-3A-6E) requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20-feet wide outside of a fenced area,unless modified by City Council at a public hearing with notice to surrounding property owners. The width of the easement encroachment on this site is approximately 27 feet.The Applicant requests Council approval for the easement to be located on building and common lots(i.e.Lots 7,9-12 and 15) rather than a common lot.If the Irrigation District approves an encroachment agreement as anticipated,there will only be approximately 7 feet where no buildings or trees would be allowed.For this reason, Staff is supportive of the Applicant's request. All other irrigation ditches crossing this site that aren't being improved as a water amenity or linear open space as defined in UDC 11-lA-1 shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3, unless otherwise waived by City Council. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and I1-3A-7, as applicable. The landscape plan depicts existing fencing along the north boundary of the site.A 6-foot tall privacy fence is depicted along the west, south and east boundaries of the site. A 4-foot tall privacy fence is proposed along internal common lots. Because there is a common lot directly adjacent to the west boundary of the site in Tricia's Crossing Subdivision that isn't entirely visible from a public street where the Sky Pilot Drain is located and has been piped,the fencing in this location must be open vision or semi-private up to 6-feet in height or if closed vision fencing is proposed,it can't exceed 4-feet in height, as set forth in UDC 11-3A-7A.7b.The fence along the northern boundary of Lot 8 may be a 6-foot tall privacy fence because the common area(i.e. Lot 8)is visible from the street and because the drain is being piped. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home is required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, 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. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Stormwater retention is proposed on Lot 9.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotechnical Recommendation Report was submitted with this application. Page 8 Building Elevations: Several conceptual building elevations of 1-story homes with a bonus room over the garage were submitted as shown in Section VIII.E. Building materials consist of a variety of siding, some with stoneibrick veneer accents. Staff recommends as provision of the DA that all homes include brick/stone veneer accents on the street-facing elevations. Design review is not required for single-family detached structures. The existing home is proposed to be renovated and re-oriented to take access from the internal street rather than Black Cat Rd. The Applicant's narrative states that at the neighborhood meeting with the original developer,concerns were expressed pertaining to the height of the homes and related privacy issues. Options discussed to mitigate these concerns included limiting the homes to a single-story in height,placing any second story rooms on the interior side of the homes (i.e. above garages), and/or utilizing transom-style windows to limit views from the proposed homes to any adjacent properties. To alleviate these issues,the developer has agreed to a provision in the DA that limits all homes to a single-story in height with a bonus room above the garage with all windows facing the front of the lots. VII. 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 IX in accord with the Findings in Section X. Page 9 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map JHMH Julia Subdivision Ltgial Oescription A parreJ ojImA s1tw1e r Ow Swlheasr 114 iV rbe Wrthemr l/4 Secrk7o 4, Towrrstrlp3 North,firjr od'I V&st.&arse MerlWarr Ado Caudty,Idaho,beir.4-4;rrF.pfrr#rcu1qrty de,5f;V &4;FW 1000MC BEGINNING fast 1 f4 Comer of 5ectian 4,thence along the n6rtherl)r�4uri�ary of theTurnberry 5ubdiYin ion NU.ir recorded In bo-pk 77 OF plats a,pegva 8412-3013,North W22147"West M-00 ffet La the easterly boundary of Trlda'5 t;.rosslrig,recardEd in baadc 90 of 1plats at paLCE5 10625-106171 rnanomerrted by B found 5/�-irKh pin.set cap starnp4d PUB 573; Theme along said caslerPy bounderyr Nor 5rWID1"West,5LYx,12 feet to the southerly EQundary 4f Tricila'sSuWivlslon Na,2,rem rde-d in bDuk 133ofplatsas pa8rr51,4185-91N,rmnLFmerfirdby a femd 518-m€h Rlri with Rla stIC cap stamped"PLS2?3l'; Thence algngsald southerly boundary,South 89`18'48-East,S75mti➢ ei tathe eastwlybouncilaryof $fin 4; Thence along said easterly boundary,South 40'37'59'W sL 263.01 leQt Leo the POINTOF IIEGINNIWG, Con LainIng2.774 citres,marew IQ5L�. The t'J IS OF 9EARIPYM for this survey is between the nanh i{16 Comer of Srtkion 4 monumfinted with a 5 f8-incli pin anrd surmounted wl,h v plm-K cap marked"PL57732",and the Easi 1)4 Corner OF Section A mGnunwnted as d2 rihed in Cgrner R"-Prd Inwurrwrt Noy 102 151375,bearing South 00137'59-West,1,925,62 Fern_ PrepareCJ bye; Ronald FA_Hodge,PES SUrw�v Vvpartmpent Manager 8575 680 S.ProgreSS Ave,.Suite#20 • Meri-djan,Idaho 93642+Tel;206-342.7957 +Wrin.hmFt-Ilc.com Nj'jvj QpPortaxraity Emoayer Page 10 EXHIBIT Survey Map N ifl6it C Gpftw z a) } 4 CDI I ftw Of rnir 10 w O SCALE: V- 80' 3 N89"22'47" 243.04' LECEEND ` rt Paw or AnAexaLon BcanGery CR 1021� � � 3 15 � .Ck 1L215197 Sedion Llne Wcwd Lal Line a k 7 w1o$ HMH ENGINEERING szsw a oa r..ulrLdwo {209J 342-7957 Page 11 B. Preliminary Plat(dated: 6/12/23) o.e;m,�aryPiatFo. Julia Subdivision su mes =114dtn�irpnn v4Vs�.np�4 nip s dorcn,aa­Iwe: -- City of Meridian,Ada County,Idaho 2023 sirE� ; c, LT, o '7) � p 77 LL e ?$ j b ��VkRks n 2 f .o ..� ........ - i Page 12 C. Common Driveway Exhibit -____ _-_ - Be T \ / '---XI -- --� -�m�' - ---I Rx- IR IRR IRR- IRR I I RR ----- ----'y��� -----_ - ---.a ------- .-- w - ---- -- - H \ I I I / \ 5'SETBACK 5'SETBACK Ir I W / wZ 4Z SIBS 1A10 LTBACK s'SIDE rAFO SETBACK + W W 4J \ \\\ \01C ��� p ggo 0 4 � & DRI�AY lEp i LOCATION r^.v "�"`�'• FOR LOT 10 7- �`-JULIA SUBUINSION~ F A s` \ \ \ / / sueorvlaoN \ f coNMONONIVF�HIeIr COMMON DRIVE EXHIBIT @� 20 0 20 40 6D X1.0 7 SCALE: 1'=20-0" 1 2 3 4 5 fi T 8 9 10 11 12 13 14 HGENCY I✓EVIEW Page 13 D. Landscape Plan(dated: 6/13/2023) PROJECT INFORMATION LANDSC REQUIREMENTS PLANT SCHEDULE wwee>reurexru�m�inwwwTrrs. � „�,a„eii„ "�°°' ®"•®• m"' W_TAU OREORNE ®� 6 _ x �� \ z •8 "m la duYve� 1 e a 41 LANDSCAPE PLAN L1.0 Page 14 E. Conceptual Building I NMI Page 15 'z - .. k r k '. . .'. 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 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 preliminary plat, common driveway exhibit, landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing home shall connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. c. The address of the existing home shall change with development of the subdivision. d. A 10-foot wide detached sidewalk/multi-use pathway shall be provided within the required street buffer along N. Black Cat Rd. e. A new garage with a minimum of two (2)parking spaces shall be constructed for the existing home in accord with the off-street parking standards listed in UDC Table 11-3C-6 for single- family detached dwellings. The garage shall be constructed prior to City Engineer signature on the final plat. f. The rear and/or sides of new homes facing N. Black Cat Rd. shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step- backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. g. All homes shall be limited to a single-story in height with a bonus room above the garage with all windows facing the front of the lots as proposed by the Developer. h. All homes shall include brick/stone veneer accents on the street-facing elevations. i. A license agreement shall be required with Nampa&Meridian Irrigation District in order for future structures(homes and/or fences) on Lots 7 and 9-12,Block 1 to encroach within the 50- foot wide Sky Pilot Drain easement,measured from centerline of the pipe. 2. The final plat shall include the following revisions: a. Depict a minimum 25-foot wide street buffer along N. Black Cat Rd.,an arterial street in a common lot. The buffer shall be measured from the ultimate curb location as anticipated by ACHD. b. Depict a 10-foot wide detached sidewalk/multi-use pathway within the street buffer along N. Black Cat Rd.with an average minimum separation of greater than four(4)feet to back of curb on the construction drawings. Also depict the easement for the pathway on the face of the plat. c. Graphically depict and include a note for a perpetual ingress/egress easement for the common driveway on Lot 15 that includes a requirement for maintenance of a paved surface capable of Page 16 supporting fire vehicles and equipment as set forth in UDC 11-6C-3D8; or,record a separate easement/agreement and include a reference to the recorded instrument number on the plat. d. Delete note#6. These lots are identified in note#7. e. Modify note#9 as follows,". . .in accord with the City of Meridian standards in effect at the time of the subd visioH building permit submittal." f. Delete note#11 pertaining to specific building setbacks. g. Include the recorded instrument number of the public pedestrian easement on Lot 8 in note#12. h. Modify note#13 to include Lot 15 as it also contains the Sky Pilot Drain easement. Also, include information about the anticipated license agreement with NMID,including the recorded instrument number of the agreement, and the specifics of what is and isn't allowed in the easement area. i. Depict the 50-foot wide easement for the Sky Pilot Drain,measured from the center line of the pipe,within a common lot outside of a fenced area,unless modified by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3A-6E. The Applicant requests Council approval for the easement to be located on building and common lots (i.e.Lots 7, 9-12 and 15) rather than a common lot. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict a minimum 25-foot wide street buffer along N. Black Cat Rd.,measured from the ultimate curb location as anticipated by ACHD; depict the future curb location as anticipated by ACHD. b. Include mitigation information for all existing trees being removed from the site in accord with the standards listed in UDC 11-3B-IOC.5. c. Depict a 10-foot wide detached sidewalk/multi-use pathway within the street buffer along N. Black Cat Rd. d. Depict landscaping along each side of all pathways in accord with the standards listed in UDC 11-3B-12C.Note:If NMID will not allow trees within the easement for the Sky Pilot Drain adjacent to the multi-use pathway, alternative compliance may be regested to this standard. e. Change the fencing type along the western boundary of the site adjacent to the common open space in Tricia's Crossing subdivision to open vision or semi-private up to 6-feet in height or if closed vision fencing is proposed,it can't exceed 4-feet in height, as set forth in UDC 11-3A- 7A.7b. f. Depict the 50-foot wide easement for the Sky Pilot Drain,measured from the center line of the pipe,within a common lot outside of a fenced area,unless modified by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3A-6E. The Applicant requests Council approval for the easement to be located on building and common lots (i.e.Lots 7, 9-12 and 15) rather than a common lot. 4. The common driveway on Lot 15 shall comply with the standards listed in UDC 11-6C-3D and the exhibit in Section VIII.C. 5. A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of such should be submitted with the final plat for City Engineer signature. Alternatively, a note could be included on the plat per condition#2c above. Page 17 6. All irrigation ditches,laterals, sloughs or canals, including the Sky Pilot Drain, crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless waived by City Council. 7. Except the home, all other existing structures shall be removed from the site prior to submittal of the final plat for City Engineer signature. 8. The new garage for the existing home shall be constructed prior to City Engineer signature on the final plat as set forth in the Development Agreement. 9. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 10. Submit a recorded copy of the approved license agreement with NMID that details what encroachments (if any)are allowed within the 50-foot wide Sky Pilot Drain easement. 11. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period,the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of this title. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 None 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(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 9-1-28.C). 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, Page 18 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 wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 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 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. 2.17 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. 2.18 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 19 2.19 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. 2.20 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. 2.21 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. 2.22 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. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.org/WebLinkIDocView.aspx?id=294318&dbid=0&repo=MeridianCiU&cr =1 D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=293550&dbid=0&repo=MeridianCity E. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridianciL.orglWebLinkIDocView.aspx?id=294146&dbid=0&repo=MeridianCity F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=295064&dbid=0&r0o=Meridian City G. PARK'S DEPARTMENT https://weblink.meridiancioy.orb/WebLink/DocView.aspx?id=293049&dbid=0&repo=MeridianCitX H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancit .00rg/WebLink/Doc View.aspx?id=293036&dbid=0&repo=Meridian City Page 20 X. FINDINGS A. Annexation and/or Rezone(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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Stafffinds the Applicant's request to annex the subject property with R-8 zoning and develop single- family detached dwellings on the site at a gross density of 3.61 units per acre is generally consistent with the Comprehensive Plan per the analysis in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Stafffinds the proposed map amendment to R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 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 residential uses should be compatible with adjacent single-family residential homes/uses in the area. 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 services are available to be provided to this development. Comments were not received from WASD on this application but due to the small number of lots proposed, the impact should be minimal. 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. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Stafffinds the proposed plat is in conformance with the UDC and generally conforms with the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Stafffinds public services can be made available to the subjectproperty and will be adequate to accommodate the proposed development. Page 21 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Stafffinds the proposed plat is in conformance with scheduled public improvements in accord with the City's capital improvement program. 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. 5. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 22 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Loose Screw Brewery (H-2023-0025) by Michael Garcia, located at 105 E. Carlton Application Materials: https:Hbit.ly/H-2023-0025 A. Request: Conditional Use Permit to operate a brewery (food and beverage processing, minor) as the primary use and a drinking establishment to extend the operating hours beyond those allowed by the specific use standards for a brewery (UDC 11-4-3-46) from an existing 8,185 square-foot building on 0.45 acres of land in the 0-T zoning district.B. Request: Administrative Design Review (Director Approval Only) to modify the exterior fagade of the existing building. PUBLIC HEARING SIGN IN SHEET DATE: June 15, 2023 ITEM # ON AGENDA: 7 PROJECT NAME: Loose Screw Brewery (H-2023-0025) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 6/15/2023 1, Legend DATE: Project Location TO: Planning&Zoning Commission yp FROM: Linda Ritter,Associate Planner 208-489-0573 m SUBJECT: H-2023-0025 ' Loose Screw Brewery-CUP ' LOCATION: 105 E. Carlton Avenue I. PROJECT DESCRIPTION The Applicant applied for a conditional use permit(CUP)to operate a brewery(food and beverage processing,minor)as the primary use AND a drinking establishment to extend the operating hours beyond those allowed by the specific use standards for a brewery(UDC 11-4-3-46)from an existing 8,185 square-foot building on 0.45 acres of land in the O-T zoning district. The Director has approved an Administrative Design Review(A-2023-0073) for the proposed modifications to the exterior fagade of the existing building. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 0.45 acres(contains existing building) Future Land Use Designation Old Town Existing Land Use(s) Vacant commercial building Proposed Land Use(s) Food products processing,minor(brewery)and drinking establishment Neighborhood meeting date;#of 03/08/2023 attendees: Pagel 1 : ir, 0 M. ■ �� Is 9A ve _. IIIII■ � � ��� �! e . ,, � � ,: � 'fir-`"��a. IIII • . ■ IIIII ■11■ I � �• 1 � ! , .,. * • ,.�, � �• f� i1111 I�'llllli it■■- 1 � ,� _` �``�• - w ■ham ■■ 11■11 ■ 111= Illi 111111 I _ ,��' ' . �, � . :� .. . . ■*�� :111� IIII -:111: 111111 ■ 1to ■tea■�i :IIIII IIIII ■ i I :1k 1111111111 M;HIM �� elrll ■� 11■III.■IIIII 11 ' ' - � fib' � - - � �t Lam:�■�■�,y� ■■e: ° 1 ° r o Moo �i��• ■■■�1� 1�W��IW r � � IIIII I 11 IIIII■ �11 �i11 Wil■ 1111+! o II ■11■ I 111111 ■11■ IIII■ IIIII ■111 �� ■ ■+■o I ■1n■ ■■ 11■IIII i I�i.�ll*'Illli 11�� ■=. :!�� 11! ! ; �!,� =1� IIIII ■�!IIII: IIII! 1 ■`fi�*i 111:!! ■����*ice ■Ili �IIIIII '■ :IIIII ■IIII ■ 11�:1 �'IIIII ■ �11 !■1: 1 "■111 II IIIII-Ci � 11�1�1I1■ �� :Irll1 ■I■ 11■III,■IIIII 11 Ir • . . ��I ■�'���■ III■ :.:.�: 11ml III. APPLICANT INFORMATION A. Applicant: Michael Garcia, Gracia Family Ventures,LLC—6700 N. Linder Rd., Ste. 156-411,Meridian, ID 83646 B. Owner: Robert Shappee,JTR Holdings, LLC— 141 E. Carlton Ave.,Meridian,ID 83642 C. Representative: Michael Garcia, Garcia Family Ventures, LLC—6700 N. Linder Rd., Ste 156-411,Meridian, ID 83646 IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 5/25/2023 Radius notification mailed to 5/23/2023 properties within 300 feet Site Posting Date 6/l/2023 NextDoor posting 5/25/2023 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.or /g compplan) Old Town-The purpose of this designation is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T district is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public,quasi-public, cultural, financial and recreational center of the city. Public and quasi-public uses integrated with general business, and medium-high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. The subject site is already zoned Old Town (OT). The proposed use will be located on a 0.45 acre parcel and located within an existing 8,815 square foot building. The proposed brewery will include brewery equipment, a taproom, an event center, an outdoor beer garden, and a grain silo along N. Main Street.As food and beverage processing, minor is an allowed use and will be subject to specific use standards listed in UDC 11-4-3-46. The drinking establishment request is being requested to allow extended hours of operation beyond 10 pm (see analysis below). B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): Page 3 • Encourage infill development. (3.03.01E) The Comprehensive Plan defines infill as "development on vacant parcels, or redevelopment of existing parcels to a higher and better use that is surrounded by developed property within the City of Meridian."The brewery is proposed within an existing vacant building in the O-T district that is currently being underutilized. This property is part of the Meridian Urban Renewal District boundary. • Preserve private property rights and values by enforcing regulations that will prevent and mitigate against incompatible and detrimental neighboring uses. (3.05.01 C) The conditional use is a process to ensure any impacts associated with a particular use are mitigated. Based on the location, currently the proposed use is only allowed to operate between the hours of 11 AM to 10 PM. In accordance with MCC 6-3-6 any loud noise which emanates from the building shall cease at 11 PM. However, the applicant is requesting extended hours to operate until 12 am on occasion. It is important to note that the City is currently processing a code change to allow the extended hours. If this is not approved by the City the applicant should operate in accordance with the hours specified above. To further reduce impacts on nearby residential properties, staff recommends a condition of approval that all outdoor seating and events associated with this use be limited to the fenced beer garden and the upper deck areas. • Minimize noise,lighting, and odor disturbances from commercial developments to residential dwellings by enforcing city code. As mentioned above, operating hours will be from 11 AM to 10 PM. No additional lighting for the parking lot has been proposed. In accordance with MCC 6-3-6 any loud noise which emanates from the building shall cease at 11 PM.Any odor that may emanate from the brewery shall be mitigated. • Require appropriate building design, and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods. (5.01.02D) Exterior building modifications were reviewed and approved through administrative design review application (DES)A-2023-0073.As this is an existing developed site and no expansion of the building is being proposed, no additional landscape screening or buffering is required. C. Existing Structures/Site Improvements: The proposed project is within an existing 8,185 square foot building and the applicant is proposing to renovate the exterior of the building. The proposed updates include adding horizontal and vertical wood siding and using a darker gray color to transform the remaining brick. The stucco around the second level event space and outdoor deck will also be painted a lighter gray to match the color palette of the ground floor and create a contemporary pattern. Additionally, all existing windows will be replaced, and the street facing fagades will have varied fenestration, material changes, textures,patterns, and recesses. This approach will add visual interest and depth to the building's exterior. Exterior lighting is being proposed to promote a safe pedestrian environment. Downlit signage on the building and a grain silo is being proposed, which can enhance the project's visibility and branding. Overall, these updates seem to align with contemporary design trends and can Page 4 contribute positively to the aesthetics of the area. The Director has approved the administrative design review application for these improvements. D. Proposed Use Analysis: The proposed use will be a brewery (food and beverage processing, minor) as the primary use and a drinking establishment(for extended hours only)within the existing 8,185 square foot commercial building. Approximately 943 sf of the business will be dedicated to brewing and associated equipment, with the remainder for tasting and events. A brewery is categorized as minor food and beverage products processing use and it allowed and is use by right unless it exceeds 5,000 sf.. The existing building is approximately 8,185 which requires CUP approval. The applicant is proposing approximately ten (10) tables inside, bar seating and lounging areas. There will be four(4) 8-seat picnic-style tables underneath the covered patio and four(4) additional tables on the north side of the covered patio for a total of 8 tables outside. The Event Area and upstairs patio are flex spaces and the number of tables will be determined by the event. The brewery will operate from 11 AM to 10 PM. The proposed use complies with the zoning for the site but is subject to specific use standards as listed in 11-4-3-46. E. Specific Use Standards(UDC 11-4-3): UDC-11-4-3-10 states the following: The drinking establishment shall not be located within three hundred(300)feet of a property used for a church or any other place of worship, or any public or private education institution, nor shall the drinking establishment be located within one thousand(1,000)feet of an adult entertainment establishment;provided, that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area but subsequent to licensing came therein; the expansion of an existing establishment may be allowed with the approval of a conditional use permit as set forth in Section 11-5B-6 of this Title. • The property is located within three hundred(300)feet of a property used for a church or any other place of worship, or any public or private education institution. Therefore, the operating hours shall be limited to I AM to 10 PM with this conditional use permit. Because the specific use standards for a brewery are limited the applicant has requested that they are deemed a drinking establishment to allow extended hours to 12 AM.As noted above the specific use standards for a drinking establishment do not allow the operation of such a use within three hundred feet of a school or church. However, Staff is currently processing a code change remove this requirement. Staff anticipates the proposed code changes to be discussed with the Commission during the July 6rh Commission hearing. Upon approval of the code amendment, the proposed project will be allowed to extend its operating hours. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3,Article E, "temporary use requirements", of this Title. • N/A—This property does abut a residential use but not a residential district as defined in Chapter 1. At a minimum, one(1)parking space shall be provided for every two hundred fifty(250)square- feet of gross floor area. Upon any change of use for an existing building or tenant space, a Page 5 detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this Title. • This property is zoned OT and requires one (1)parking space per one thousand(1,000) square feet of gross floor area, and requires eight(8)parking spaces for this proposal. However, the change in use requires the applicant to meet the higher parking requirement listed above. The proposed change of use will require thirty-three(33) parking spaces. Currently there are only twenty-eight(28)parking spaces to serve this site. Since the property is under common ownership with the adjacent property at 129 E. Carlton Avenue, the applicant will be required to enter into a parking agreement to meet the required parking needed for the proposed change of use or submit written documentation from the owner to use the adjacent law office parking. UDC 11-4-3-46 allows minor food and beverage products processing as follows: The building tenant space shall not exceed five thousand(5,000)square feet. In the commercial, industrial and traditional neighborhood districts additional square footage may be approved with a conditional use permit. In no case shall the maximum square footage in any of these districts exceed ten thousand(10,000)square feet. • The existing building is 8,158 square foot and does not exceed the ten thousand(10,000) square feet threshold. In the commercial districts, a conditional use permit shall be required when the use is located within three hundred(300)feet of a residential district or existing residence. • NA—The property is not located in a commercial district. In the commercial and traditional neighborhood districts, the dining area, tasting area, retail showroom or any combination thereof, shall comprise a minimum of twenty-five (25)percent of the building and/or tenant space, as applicable. • Approximately nine hundred forty-three (943)square feet will be dedicated to brewing and the associated equipment. The event and deck areas are a little over one thousand seven hundred(1,700)square feet. Building floor plans are shown below in the Section VII Exhibits. Storage of materials, storage and equipment must be within fully enclosed structures, (outdoor) mechanical equipment associated with the manufacturing may be reviewed as integral architectural elements. • N/A -No outdoor storage has been proposed with is application.All equipment shall be within an enclosed structure. Mechanical equipment associated with the manufacturing of the beverage may be reviewed and approved as an integrated architectural element of the building through administrative design review as a design standards exception. • The applicant has proposed a grain silo as part of the design of the building. The Design Review(DESA-2023-0073)was approved for the exterior remodel of the existing building on May 5, 2023. • The applicant is proposing to construct a new trash enclosure on the east side of the property. The applicant will coordinate with Republic Services of Meridian for the Page 6 appropriate size and location of the trash enclosure. The applicant shall provide this information to the City with their CZC submittal. Alcohol serving is limited to H AM to 10 PM. • The hours of operation will be limited toll"to 10 PM until the new code goes into effect then the applicant will be allowed to remain open and serve patrons until 12 AM as noted above. F. Dimensional Standards(UDC 11-2): This use will occupy an existing commercial building.A Design Review application (DESA- 2023-0073) was approved for the exterior remodel of the existing building on May 5, 2023. The applicant is required to apply for Certificate of Zoning Compliance for review and approval prior to building permit issuance. G. Access(UDC 11-3A-3, I1-311--4): Access to this development is via E. Carlton Avenue which is an existing access point. Per ACHD a traffic impact study for this proposal was not required.It was determined no improvements to the adjacent streets are required. H. Parking(UDC 11-3C): UDC 11-3C-5B requires one space for every one thousand(1,000)square feet ofgross floor area for the O-T district. This amounts to eight(8)parking spaces for the existing 8,185 square foot building. The proposed change of use will require thirty-three(33)parking spaces. Currently there are only twenty-eight(28)parking spaces to serve this site. Since the property is under common ownership with the adjacent property at 129 E. Carlton Avenue, the applicant will be required to enter into a parking agreement to meet the required parking needed for the proposed change of use. I. Landscaping(UDC 11-3B): As this an existing developed site, landscaping is not required to comply with the requirements of this section. The applicant is proposing to replacing the existing grass along N.Main Street and E. Carlton Avenue with artificial turf. The applicant is proposing to enhance the landscape island at the rear of the property. Changes to the landscaping will be required with the certificate of zoning compliance application. J. Fencing(UDC 11-3A-6, 11-3A-7): The applicant is proposing to place a four(4)foot wrought iron fence around the beer garden area. The details for the proposed fence shall be submitted to staff for review and approval prior to permit issuance. No additional fencing is being proposed. K. Building Elevations This is an existing vacant commercial building on this site. The Director has approved an Administrative Design Review(A-2023-0073)for the proposed modifications to the exterior fagade of the existing building. Building elevations are shown below in the Section VII Exhibits. Page 7 L. Food Trucks The use of a food truck for this proposal cannot be approved under this conditional use permit as it is not an allowed use through unified development code. However; the applicant can apply for a temporary use permit(TUP) through the City Clerk's office for the use of a food truck. VI. DECISION A. Staff- Staff recommends approval of the proposed conditional use permit with the conditions in Section VIII per the Findings in Section IX. VII. EXHIBITS PROPOSED LANDSCAPE PLAN(CZC 2018-0052,MARCH 7,2018) �i In r---- -----j k o --------------------- w w g nW _ _ m \ S a 5 z n 5€TE a LANDSCAPE PLAN A1 0 Page 8 Existing Landscape(date: 5/10/2023) A. Approved Elevations (A-2023-0073, (5/8/2023) SXISTPAINT e O STUC i STUCCO NEW = - -- -i. S—GUT €# -4- SXINGLES WOG.Sul- P NTEX19TING-1- N.MAIN STREET N11 AT SHING,E6 �- 4 O U W Gl U NEW _ N WINDOWS N'0:`N aIJING n LOOSE a SCREW BEER CO E.CARLTON AVE. ,as.o Page 9 WOOD SIDING PAINT EXISTING STUCCO NEW f u SHINGLT� SHINGLES M I IVA � r ILL, ^ FILL-INE-ING NEW ,EF11TT WOOD SIGING ! 1 LOOSE �COVFRS AREA WITH WINDOWS EXISTING STUCCO WALL MD BRICK SCREW OVERHEAD DOOR BEER CO. PARKING LOT B. Existing Elevations N. Main Street and E. Carlton Avenue(date: 5/10/2023) Aid —AW - I Page 10 Existing Elevations Parking Lot(date: 5/10/2023) t 4 i y ti ti- .� Page 11 C. Proposed Lower and Upper Floor Plans (date: 4/18/2023) i cGLo • STORAGE - L k LOUNGE BAR 'S ■ i ................. .................... ...................... I a % I k5p1 i TAPROOM GREW HOUSE ..... i ENTRY OnDm LOUN U 0 0 J ♦ W rcz PATIO � .�' _ x A� a �w 0 e ^ F e FL VR LEVEL p " " " A2.1 TERT J ------------------ �l ....................'yam_..... ... . F-------- --------------------- - - � U w a 0 oo a w oo u — o <_ LEVEL R:2 A2.2 Page 12 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. A Certificate of Zoning Compliance(CZC) application is required to be submitted to the Planning Division and approved prior to building permit submittal to address parking and site modifications associated with the construction of the new trash enclosure (see condition 7 and 8 below). 2. The Applicant shall have a maximum of two(2)years to commence the use as permitted in accord with the conditions of approval. If the use has not begun within two(2)years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-513-6F. 3. All outdoor seating and events associated with this use shall be restricted to the fenced in beer garden and the upper deck areas. 4. Hours of operation shall be restricted from 11 AM to 10 PM.Upon approval of the code revision to the Drinking Establishment specific use standards,the operating hours may be extended from 10 PM to 12 AM. 5. Applicant shall comply with the standards as set forth in UDC 11-3A-12 for any outdoor service and equipment areas. 6. Applicant shall comply with all specific use standards required for a Drinking Establishment and Minor Food and Beverage Products Processing,UDC 11-4-3-10 and 11-4-3-46. 7. The applicant shall coordinate with Republic Services of Meridian for the appropriate size and location of the proposed trash enclosure. 8. The applicant shall enter into a parking agreement with the property owner at 129 E. Carlton Avenue to meet the required parking needed for the proposed change of use or submit written documentation from the owner to use the adjacent law office parking since the parcels are under common ownership. B. ADA COUNTY HIGHWAY DISTRICT 1. Pay a traffic impact fee. If applicable, a traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit by the lead agency. This is a separate review process and it is the applicant's responsibility to submit plans directly to ACHD. 2. Comply with all ACHD policies and ACHD standard conditions of approval for any improvements or work in the right-of-way. 3. Obtain a permit for any work in the right-of-way prior to the construction,repair,or installation of any roadway improvements (curb, gutter, sidewalk,pavement widening, driveways,culverts, etc.). C. IDAHO TRANSPORTATION DEPARTMENT (ITD) Click on link to review comments D. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) Click on link to review comments Page 13 E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) Click on link to review comments IX. FINDINGS A. Conditional Use Permit 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. The proposed project is within an existing structure in the O-T district. No expansion of the building or site is being proposed and therefore no additional site improvements are required for this proposal. Staff finds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this title. The Comprehensive Plan identifies this area for public and quasi public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. A neighborhood brewery connected to the adjacent residential including outdoor seating is the type of neighborhood serving use envisioned by the Plan. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The proposed project is within an existing building and on an existing built out lot. The applicant is proposing to update the exterior of the existing building with horizontal and vertical wood siding.A more modern darker gray color will transform the existing, remaining brick. Existing stucco around the second level event space and outdoor deck will be painted a lighter gray to compliment the color palette of the ground floor and create a subtle contemporary patterning. All existing windows will be replaced, and street facing facades will have varied fenestration, material changes, textures,patterns and recesses. Exterior lighting will be proposed to promote a safe pedestrian environment. Downlit signage on the building and grain silo is being proposed. Hours of operation will be limited to between 11AM and IOPM. However, staff is proposing a code change to extend the operating hours for drinking establishments located within three hundred(300)feet of a place of worship and education facility located within the OT zone to 12AM. Upon approval of the code amendment, the proposed project will be allowed to extend its operating hours. This type of neighborhood serving brewery enhances 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. The hours of operation for the proposed use will be HAM to IOPM. Staff is proposing a code change to extend the operating hours for drinking establishments located within three hundred (300)feet of a place of worship and education facility located within the OT zone to 12AM. Upon approval of the code amendment, the proposed project will be allowed to extend its operating Page 14 hours.All outdoor seating and events associated with this use shall be limited to the fenced in beer garden and upper deck areas. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. The proposed use will be adequately served by all public facilities and services. 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 any 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. This proposed project will operate within an existing commercial building and will operate between the hours of IIAM to IOPM. Staff is proposing a code change to extend the operating hours for drinking establishments located within three hundred(300)feet of a place of worship and education facility located within the OT zone to 12AM. Upon approval of the code amendment, the proposed project will be allowed to extend its operating hours. The proposed project will be located in an area recommended for neighborhood mixed use which typically includes a mix of commercial and multifamily residential at an arterial intersection. This location is well-suited for the proposed use as it adds to the lively and vibrant downtown area. 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) The proposed use will operate within an existing commercial building and will not result in damage of any such features. Page 15 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Black Box VR (H-2023-0022) by Black Box VR, Located at 950 N. Hickory Ave. Application Materials: https:Hbit.ly/H-2023-0022 A. Request: Conditional Use Permit approval for Suite 100 to include an indoor recreation facility (Indoor Virtual Reality Fitness Gym) on 1.325 acres of land in the I-L zoning district. PUBLIC HEARING SIGN IN SHEET DATE: June 15, 2023 ITEM # ON AGENDA: 8 PROJECT NAME: Black Box VR (H-2023-0022) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name LL 2 `��Q � a, Ktwt 9� � ✓mil MKt> cvo�(Soe-[c 70 23(O 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 15,2023 Legend E JE1(JECSf 0 DATE: Project Location Q; TO: Planning&Zoning Commission z ;, . ti ` ' r 1, w FROM: Stacy Hersh,Associate Planner �� �v + �208-884-5533 SUBJECT: H-2023-0022—Black Box VR CUP LOCATION: 950 N. Hickory Avenue in the NE '/4 of Section 8,Township 3N.,Range 1 E. — �E P.I N'E 'AV E E P'I N'E�Es . (Parcel#R3073781000) I. PROJECT DESCRIPTION Conditional Use Permit request to operate an indoor recreation facility(indoor virtual reality fitness gym) from Suite 100(2,780 square-foot)in an existing 23,000 square-foot flex building on 1.325 acres of land in the I-L zoning district. II. SUMMARY OF REPORT A. Project Suminry Description Details Page Acreage 6M 1.325-acre property Future Land Use Designation Mixed Use—Non-Residential(MU-NR) Existing Land Use Existing 23,000-square-foot flex building Proposed Land Use(s) Indoor Recreational Facility located in Suite 100(Virtual Reality Fitness gym) Current Zoning I-L Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of March 29,2023;0 attendees I attendees: History(previous approvals) A Certificate of Zoning Compliance and Design Review(A- 2021-0021)to construct a 25,000-square-foot flex building. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Page 1 • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One(1)access via E. State Avenue(local street).All- Hwy/Local)(Existing and Proposed) access points are existing and approved from previous approvals(A-2020-0165)for the overall warehouse building. Existing Road Network Yes C. Project Area Maps Future Land Use Map Aerial Map 1 Legend WC1gl Legend Project Location Q General UProject Location Indu3 101 tc O O V U LA MU-NR LA - o Office E STATE AV N O E PINE AVE E PINE AVE E PINE AVE E PINE AVE E COMMERCIAL ST .GOAME Zoning Map Planned Development Map E JEWEL ST —�� o Legend tv 0 Legend tv Project Location -J'Q 0Project Location JQ z � . City Limits ro ,- co 3 R-40 Planned Parcels Q F REEM Y / Ktt Y LN LN U 2 2 ES177 E- IN E AVE E NI N E AV E E-P-IN,E=AV-E E--RI N-E=AV-E= C-G -L E COMMERCIAL ST L-0 Page 2 III. APPLICANT INFORMATION A. Applicant: Sam Lumetta,Black Box VR—930 W. Two Rivers Lane,Eagle, Idaho 83616 B. Owner: Shannon Robnett—950 Hickory QOF Limited Partners LLC C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 5/24/2023 Radius notification mailed to properties within 500 feet 5/25/2023 Public hearing notice sign posted 6/1/2023 on site Nextdoor posting 5/25/2023 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Mixed Use Non—Residential(MU-NR) on the Future Land Use Map (FLUM). The purpose of the MU-NR designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example,MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. The Applicant proposes to develop the site with an indoor recreation facility(i.e. an indoor virtual reality fitness gym)within a portion of an existing flex building. The flex building was approved under an administrative application(A-2021-0021)due to the existing industrial zoning and planned unit development in 1991 (through Gemtone CUP). The planned unit development approved in 1991 allowed numerous uses beyond just those typically allowed in the I-L zoning district. In the surrounding area,there is a church, offices, flex space, other warehousing uses, employment, and other indoor recreation facilities(i.e. K1 Speed&Flying Pickle). With the addition of the proposed virtual reality fitness gym next to offices and other indoor recreation facilities across the street, Staff believes the proposed indoor recreation facility should complement other uses in the surrounding area and provide opportunities for residents to recreate. Therefore, Staff finds the proposed use should be an appropriate use in the MU-NR FLUM designation for the reasons noted above. In reviewing development applications,the following items will be considered in MU-NR areas: (Staff's analysis in italics) • No new residential uses will be permitted(existing residential may remain).No residential uses are proposed. Page 3 • All developments should have a mix of at least two types of land uses. The overall MU-NR designated area does have a mix of uses; multi family to the west, warehouses, light industry, offices,flex space, and a church exist to the north and east of this site within the MU-NR area. • Development is not required to comply with the minimum number of uses in the general mixed- use standards.Noted. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code.No new streets are proposed. • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, food service/restaurants,industry, or warehouse uses.Noted. • A transitional use is encouraged on the perimeter of the MU-NR areas between any existing or planned residential development. The site doesn't abut any existing or planned residential development. COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciU.or /g compplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic vitality."(3.06.02) The proposed use will contribute to the mix of uses in this area and should add to the livability and economic vitality of the community. • Monitor and adjust the amount and mix of industrial, commercial, and office areas needed to meet the employment needs of the City."(3.06.0113) The proposed use will contribute to the mix of uses in this area; however, the desire for industrial and employment uses are diminished. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The subject mixed-use area currently contains office, church,flex space, warehousing, and an indoor recreation facility(KI Speed go-kart track&Flying Pickle—pickleball courts) in the warehouse on the property to the west. The proposed use will provide another recreational opportunity in close proximity to residential neighbors to the west thereby reducing vehicle trips and enhancing livability of the area. • "Preserve the industrial base within designated industrial land use areas by discouraging non- industrial uses and focusing on light manufacturing, distribution, flex-space, and base- employment."(3.07.01D) The proposed use is a non-industrial use requesting a CUP to occupy an industrial land use area approved for flex space. Staff has some concerns about approving another commercial use for an indoor recreation facility(virtual reality fitness gym)within the vicinity purposed for industrial uses. If approved, this would be the first such use in this building. • "Protect public health and safety by guiding growth and development away from hazardous areas that pose a threat to people and property."(4.10.00) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. • "Provide,partner, and preserve public and private indoor and outdoor recreation amenities for a diverse range of physical activities."(5.01.01 C) Page 4 The proposed indoor recreation facility offers opportunities for recreation through a virtual reality fitness gym to the public and will contribute to the range of physical activities offered in the City. VI. UNIFIED DEVELOPMENT CODE UD The proposed use,an indoor recreation facility, is listed as a conditional use in the I-L(Light Industrial) zoning district per UDC Table 11-2C-2. Compliance with the dimensional standards listed in UDC Table H- 2C-3 is required and are met because the proposed use is internal to an approved structure. VII. STAFF ANALYSIS As discussed above in Section V,the proposed indoor virtual reality fitness gym is considered an appropriate use and meets the development guidelines listed for the MU-NR designation.The use is also consistent with the Planned Unit Development approved in 1991 for Gemtone Inc.,which approved a mix of commercial and light industrial uses in the I-L zoning district. This use is proposed to be contained within an existing flex space building, as noted above. The tenant space for the virtual reality fitness gym will be approximately 2,780 square feet within an existing building with no exterior modifications proposed. The Applicant submitted a site plan showing the tenant space for the reality fitness gym. The proposed use is subject to the following Specific Use Standards(UDC 11-4-3-2) -Arts,Entertainment or Recreation Facility,Indoors and Outdoors: (Staff analysis in italics) A. General Standards: 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet(100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens,are an exception to this standard. (Ord. 07-1325, 7-10-2007).No outdoor recreation areas are proposed; all activities will take place within the building. 2. No outdoor event or activity center shall be located within fifty feet(50') of any property line and shall operate only between the hours of six o'clock(6:00)A.M. and eleven o'clock(11:00) P.M.No outdoor events or activities are proposed. 3. Accessory uses including,but not limited to,retail, equipment rental,restaurant, and drinking establishments may be allowed if designed to serve patrons of the use only.Noted. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title.No outdoor speakers are proposed. B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely enclosed within a six foot(6)non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this code.Not applicable. C. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one hundred (100)seats or more or within one thousand feet(1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). No outdoor stage or musical venue is proposed. Access(UDC 11-3A-3): One(1)driveway accesse is depicted and approved on the overall site plan via E. State Avenue(local street). ACHD and the City has approved the location of the access driveway with the administrative approvals for the overall flex building(A-2021-0021). Page 5 Parking(UDC 11-3C): Based on the proposed tenant space of approximately 2,780 square feet of gross floor area, a minimum of 6 off-street parking spaces are required. As noted throughout the staff report,the building and other site improvements are existing and include the off-street parking for the entire flex building. According to the submitted site plan showing the existing site conditions,a total of 49 parking spaces are provided, exceeding UDC standards. Based on the 6 parking spaces provided for this use, a minimum of one(1)bicycle parking space is required to be provided. Bicycle parking facilities were approved at the time of CZC submittal; the submitted plans depict the bike racks located on the west side of the flex building. Because a vast majority of the area proposed for the virtual fitness gym has a limited capacity, Staff does not have concerns on the number of parking spaces available for the proposed use. Sidewalks(UDC 11-3A-1 : There are existing 5-foot wide attached sidewalks along E. State Avenue and N. Hickory Avenue that meet UDC standards. Any damaged curb,gutter,or sidewalk is required to be replaced. Landscaping(UDC 11-3B): A 10-foot wide street buffer is required to be provided along E. State Avenue,a local street,and a 20-foot wide street buffer is required along N. Hickory Avenue,a collector street, landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping is required per the standards listed in UDC 11-3B-8C. All required landscaping has been proposed and approved with previous approvals.Staffs analysis of the approved landscape plan shows compliance with all applicable landscaping code sections. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-I IC unless otherwise approved through alternative compliance. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C. All outdoor lighting was approved with the CZC approval in 2021. However, any future business signage must comply with all standards outlined in UDC 11-3D. Building Elevations: The approved building elevations and perspectives were submitted for the flex building as shown in Section IX.D.As stated throughout this report, these elevations have already been approved through the administrative process and the building is already existing. The submitted elevations are for supplementary purposes only. VIII. DECISION A. Staff: Staff recommends approval of the proposed Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. Page 6 IX. EXHIBITS A. Site Plan(dated: 3/23/23) - - -------- ------------ ---n, Pf'IIII;UiI r, I � 4 � - I i -------------- 4 I _ a - w E.Sfh7E AVE. ���yy VCso] -r..,.,. ....ate. ���@�•`. .�M1.0 Page 7 B. Approved Landscape Plan(dated: 9/3/2021) PLANTING SOIL NOTES - 'k PLC sm F DLLE..,.. no m'-�'^�� � � ,r _ .c�•>r..r .�., aid GENERALNOTES w.xm...L= =,,.....ed..e, e .• "tee — - - - —- -- —- - - - - -••Raff OF WAY LANDSCAPE NOTES__'e•••,,Y sg AI u..... . �, E MTE ..„..,e,e......... Jl�l LANDWVE PLAN -1 f;l V+.IVFR�,......W,....,a.n...2,...�.��....,p.,.�....�.d �� LANQ3GAPE SPECIFIGkTI0N5 u�as a ,M......... e e. m, .. s■ a e I g3EE3 EETi210 LOR�ESGN BJ r➢iRR rITKNiKOP/ARTONRN�� =•i I I� r L . • . ` Page 8 — C. Building Elevations(3/23/23) AW' A 0 y y T y y I-q ........... .......... ................. T Page 9 X. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant shall comply comply with the site plan,landscape plan,and building elevations approved with A-2021-0021 includng the modifications listed below. 2. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-2—Arts, Entertainment or Recreation Facility,Indoors and Outdoors,including but not limited to the following: • Accessory uses including,but not limited to,retail,equipment rental,restaurant,and drinking establishments may be allowed if designed to serve patrons of the use only, and not the general public. • All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet(100)from any abutting residential districts. The playing areas of golf courses,including golf tees,fairways,and greens,are an exception to this standard. (Ord.07-1325,7-10-2007). • No outdoor event or activity center shall be located within fifty feet(50) of any property line and shall operate only between the hours of six o'clock(6:00)A.M. and eleven o'clock(11:00)P.M. • Accessory uses including,but not limited to,retail,equipment rental,restaurant, and drinking establishments may be allowed if designed to serve patrons of the use only. • Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems",of this title. 3. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B- 6F. B. FIRE DEPARTMENT No comments were submitted. C. POLICE DEPARTMENT No comments were submitted. Page 10 D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=295048&dbid=0&r0o=MeridianCity E. Ada County Highway District(ACHD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=294303&dbid=0&repo=MeridianCity&cr =1 F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=2969 77&dbid=0&r0o=MeridianCitX XI. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The site meets all the dimensional and development regulations of the I-L zoning district for the proposed use. Therefore, Staff finds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Stafffinds the proposed use will be harmonious with the Comprehensive Plan in that it will provide an indoor recreation use which will contribute to the mix of uses desired in the MU-NR Comprehensive designation as desired. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the design, construction, operation and maintenance of the proposed use with the conditions imposed, should be compatible with other uses in the general vicinity but may moderately change the character of the area due to the limited I-L zoning within the City. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. Staff finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Page 11 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Staff finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005). Stafffinds the proposed use will not result in the destruction, loss or damage of any such features. Page 12 E IDIAN;--- Applicant Presentation ■ Wowe are . . .h LffilB�a�K Box IMMkH SE & k11kHGk won* • .7 The Fitness Metaverse - Developed the world's first virtual reality fitness experience with strength training and cardio all in one to create astounding physical transformations. Health Clubs, OCulus Apps, and Home Gyms Ryan DeLuca Preston Lewis • Launched two corporate locations and began a partnership with Co-Founder&CEO Co-Founder&CDO EoS Fitness to install Black Box VR in their 65+ health clubs. • Received a $350,000 grant from Facebook to launch Black Box VR as a fitness app on Oculus Quest. • Founded & grew Bodybuilding.com to $500M in annual • Beginning R&D on the home version of our VR resistance revenue. machine. •Successful large acquisition by Liberty Media. • Created some of the world's most recognized supplement brands, chart-topping fitness mobile applications, honored shocked by • great of • • with award-winning health & fitness campaigns. got using the BlackBox VR gaming • Created the world's largest online fitness social network experience. This i • Robbins BodySpace (with over 3m members). OBLACK BOX AdultObesity Rate Hits HighestRate Americans are not Ever Recorded physically active 0Sh. 00000 Less than 5%of adults participate in 30 minutes of physical activity each day. r � The U.S.adult obesity rate is now 42.4 E { percent. 1'~ !r 19.3°6 of adolescents are obese,compared 0 BLACK BOX Resistance Training + HIIT to 5.5%in the 70's. ' ;i.. fe• � Cardio r Black Box Fitness is a resistance/H I IT exercise program wrapped in a fun Addictive Gaming & Esports and exciting video game 0 BLACK BOX O using virtual reality magic to put you directly inside the Working out The Couc Boring+Delayed Rewards action. Immersive Tech,Innovative Most people afe Today's fitness is boring, lost to another with immediate pain and — Hardware, Actionable Exercise Data is not fun unassuming but the delayed results.The couch. feedbackloops are too far apart for r lasting fitness results. --w^IPIF— = Adherence 40 This is the key metric drive,but is also �~ the hardest part and requires innovative i ecosystemsOki � . Current operations in: • Boise downtown (8th & Main) Where w • San Francisco e . . . Future • Meridian (E State and Hickory) • Franchise expansion across U.S. r - Franchise expansion z_ ` -aa b 4 � - _k Q � Product T _ a w _ I v` rr i Y �. 2 Mi 7 �rn COMMERCIAL VR RESISTANCE MACHINE FITNESS ESPORTS VIDEO GAME PRIVATE BOOTHS Custom-designed electronic resistance machine Connected ecosystem with custom integrated with VR hardware and arm trackers VR+Mobile experiences. Oculus standalone fitness experience (coming soon) �40 FITNESS THAT YOU ACTUALLY ENJOY WITH THE RESULTS YOU'VE ALWAYS WANTED — ` 40' n � _ _w L1 . i YOUR BODY 15 1p THE CONTROLLER AND YOU ARE THE HERO NEWLY CONSTRUCTED FLEX SPACES II1I1I 1 WAK FIELD 950 North Hickory Avenue, Meridian, Idaho 83642 ram. I-MI-. ` i r - .� FOR LEASE A A"A NEWLY CONSTRUCTED FLEX SPACES III1II'1 WAK FIELD 950 North Hickory Avenue, Meridian, Idaho 83642 PROPERTY HIGHLIGHTS Available 3,952 #0 19,640 SF Warehouse Lease Rate $1.20/SF i" . 01nalm Office Lease Rate $1.70/SF 1 r■� Lease Type NNN (Est. $0.20/SF) Building Status Ready for TI's - January Shell Delivery �� ; mja' Overhead Doors 9 - 1OIX12' - Grade Level ■���— i�' - Clear Height ± 18 Feet !3 Power Three Phase - 208Y/120V-100 Amp - - Zoning City of Meridian-I-L Parcel Number R3073781000 - - Lot Size - Parking Ratio 1.325 Acres - 2.5/1,000 SF PROPERTY FEATURES x. ' • Newly constructed high-tech tilt-up multi-tenant building located off Pine Ave between Locust Grove and Eagle Road - • • Building is currently under construction with an estimated shell "■ completion date of January 2023, ready for tenant improvements - • Each unit can include a built out office and one bathroom - separately metered spaces for each tenant y ` • Easy access to 1-84 on/off ramp 46 - less than 1 mile via-Eagle f,-r 1 _L • Road at West Pine Avenue 950 N. Hickory Meridian, 2 70 19,�00 �� - $1.20-1.�O15� - NNN ��T. $0.20f�F - 5HELL DELIVERY JANUARY 2(}�� Black Other Box a - � 4 �r NOTES • 14 BOOTHS • OPEN SOCIAL AREA • HIS/HERS BATHROOM • STORAGE ROOM • MEDIA AREA/LOBBY } War �p�p�I�VRFIiNESS L•lBLACK BOXJVR FITNESS L7 IF II ■ BLACK BOX W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Ten Mile Costa Vida (H-2023-0018) by Cushing Terrell, located at 413 S. Innovation Ln. Application Materials: https:Hbit.ly/H-2023-0018 A. Request: Conditional Use Permit for a new approximate 8,815-foot multi-tenant building that includes restaurants with a drive-through located within 300 feet of an existing drive-through facility, residential district, and existing residences on 1.43 acres of land in the C-G zoning district. PUBLIC HEARING SIGN IN SHEET DATE: June 15, 2023 ITEM # ON AGENDA: 9 PROJECT NAME: Ten Mile Costa Vida (H-2023-0018) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 2 � - 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 15,2023 Legend DATE: CLOUD LN a 0 01 Project Location a"/ PE � TO: Planning&Zoning Commission Z U_ FROM: Stacy Hersh,Associate Planner 1_ 208-884-5533 DR o �' -W__• W co'?, a -- COBALT SUBJECT: H-2023-0018—Ten Mile Costa Vida W DR CUP w W r 0�,,� a 1 W 21 LOCATION: 413 S. Innovation Lane in the W 1/2 of �! s vArvc�� �avFo the Northwest /4 of Section 14,Township i QRo 3N.,Range 1W. (Parcel#R8483120120) �►,� . w wq> I. PROJECT DESCRIPTION Conditional Use Permit request for a new approximate 8,815-foot multi-tenant building with a drive-through located within 300 feet of an existing drive-through facility,residential district,and existing residence,on approximately 1.43 acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage EL 1.43 acres(Conditional Use Permit) Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped Proposed Land Use(s) Costa Vida—Multi-tenant building(restaurant with a drive- through) Current Zoning C-G Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 3/9/2023 attendees: Page 1 Description Details Page History(previous approvals) Annexation(AZ-13-015);Preliminary Plat(PP-13-030);Final Plat(FP-14-039);H-2020-0074 MDA,PP.RZ(DA#2021- 089157);FP-2022-0009;PS A-2022-0188;CZC,DES A- 2023-0028 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study No es/no Access Access is proposed from S.Innovation Lane(private street)via W.Cobalt Drive at the (Arterial/Collectors/State North boundary of the site. Hwy/Local)(Existing and Proposed) Trip Generation 856 additional vehicle trips per day;and 111 additional vehicle trips per hour on the PM peak hour. C. Project Area Maps Future Land Use Map Aerial Map Legend Le 'g w 0 Legend 0 Project Location W P� CLOUD LN Project Location -WP� CLOUD LN d U w o � Z z High Density. a _ Residential 3 z � f z COBALT W CO$ OR o COBALT w DR C1 ! U DR MU -Res L W z w W w cf :�ES VAN U, ,O P�F� Z AY Z AY High DensityN � �„ 9yc s Employment Page 2 Zoning Map Planned Development Map Legend ���� 0 Legend 7CLOUD LN"Project Location Project Location C-G City Limits Planned Parcels R-40 R-40 W CO�P��OR O C,OBALT W C1%�i' w DR ��e R a I� W Ln w W C-C :�ES VAN(/qRD N u4 Z AY Z LiJ LiJ C J N yC s N �� I H-E y III. APPLICANT INFORMATION A. Applicant: Colton Diehl, Cushing Terrell—800 W. Main Street, Boise ID 83702 B. Owner: Kyle Cooper,Needles Eye Development—22503 Lake Life Lane, Caldwell ID 83607 C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/24/2023 Radius notification mailed to properties within 500 feet 5/25/2023 Public hearing notice sign posted 6/2/2023 on site Nextdoor posting 5/25/2023 Page 3 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Commercial within the Ten Mile Interchange Specific Area Plan on the Future Land Use Map (FLUM). The purpose of the Commerical designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses,as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. The subject site is one of multiple commercial zoned and designated properties that surround the intersection of Ten Mile and Franklin. There is a multitude of commercial uses existing and under construction with more to come as this area continues to develop. The proposed use of a restaurant with a drive-through is a desired use designated within the Commercial designation in the Comprehensive Plan, as noted above. The proposed use, in conjunction with the already approved or constructed uses, satisfy the general Commercialfuture land use designation for this area. Stafffinds theproposedproject is generally consistent with the Comprehensive Plan. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /comp-plan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets."(2.01.04B) All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.01F) City water and sewer service stubs have been provided to this site with the development of the subdivision. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact."(3.05.01J) The proposed drive-through restaurant will contribute to the variety of uses and fast food options in the Ten Mile Interchange Area of the City. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A). A 10 foot wide pathway is proposed to be constructed within the buffer area along the entire frontage of S. Ten Mile Road, as part of the final plat site improvements approved for TM Center Subdivision No. 1. Additionally, the Applicant is proposing a 5-foot wide pedestrian walkway along the northern boundary of the site that provides a connection to the front entrance of the building. This walkway will connect across the private street(S.Innovation Lane) to a 5-foot- wide attached sidewalk as required by the conditions of approval for the private street. • "Minimize noise, lighting,and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.0117) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. Page 4 VI. STAFF ANALYSIS A. CONDITIONAL USE PERMIT(CUP) Conditional use permit for a new 8,815 square foot multi-tenant building with a drive-through for a Costa Vida restaurant on approximately 143 acres of land in the C-G zoning district to allow the requested drive-through use within 300 feet of another drive-through facility,residential district, and existing residence. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. All establishments providing drive- through service are required to identify the stacking lane,menu, and speaker location(if applicable), and window location on the site plan. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles, and the public right-of-way by patrons; The proposed site layout for the multi-tenant facility includes a separate stacking lane that provides queuing space for multiple vehicles, which is located before the drive-through window. The drive- through itself starts at the northside of the building and exits at the south side,facing S. Innovation Lane. However, Staff has some safety concerns regarding the entry to the drive-through from the north. At the entrance of the drive-through, vehicles will be entering the drive-through while vehicles are attempting to park or back out of the Kum and Go parking stalls, north of the stacking lane. To alleviate some of staffs concerns, the menu board was moved closer to the pick-up window along the west side of the building to allow ordering to occur away from the parking. Further, staff recommends that the Applicant install additional signage and parking lot striping to clearly mark and guide traffic safely throughout the site. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from the circulation lanes needed for access and parking, except for the portion adjacent to the Kum and Go site. 3)The stacking lane shall not be located within ten(10) feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape lane; and The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed prior to approaching the ordering window on the northwest side of the building(see paint striping on site plan). 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located starting on the north side of the building and ending on the south side of the building. The drive-through is visible from S. Ten Mile Road along the west side of the building for surveillance purposes. Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific Page 5 use standards as required. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49 Restaurant,which requires at a minimum,one(1)parking space to be provided for every 250 square feet of gross floor area(see parking analysis below). The proposed multi-tenant building will include space to accommodate Costa Vida and up to two(2) additional tenants upon project completion. NOTE:If the site was to develop with all restaurant uses,parking is in excess of UDC standards as noted below. Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. Access(UDC 11-3A-31: Access is proposed on the site plan from S. Innovation Lane, a private street on the west side of the property, and the collector road to the north(W. Cobalt Drive). Vehicles accessing the site will enter from the northeast or southeast and have the option to park in the lot in front of the drive-through or proceed northwest along the 12'drive-through lane. This lane merges with the ordering window and allows for exiting back to the drive aisle in the southeast direction. An escape lane is provided along the west side of the building,which leads to the drive aisle along the south side of the building. To improve traffic flow and minimize confusion, it is recommended that the 50 foot wide entrance oin the NEC with the adjacent Kum and Go site should be reduced to 25 feet.Staff recommends the applicant coordinate with the Kum and Go reps on the redesign of this shared driveway.Staff entailed the proposed site plan to the Kum and Go engineers and they are analyzing the request.Additionally, there appear to be two right-lane turn-only lanes,Staff recommends that one of these lanes be removed to prevent confusion for drivers entering and exiting the site. Prior to Certificate of Occupancy,the applicant shall record a cross-access/ingress-egress easement to adjoining properties to the north and south[R8483120140&R84831201051 and submit copy of said easement to the Planning Division in accordance with the provisions of UDC 11-3A-3A2. Direct access via S. Ten Mile Road is prohibited. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required per 250 square feet(s.f.) of gross floor area. Based on the 8,815-foot multi-tenant building, a minimum of 35 parking spaces are required. A total of 55 parking spaces are proposed, exceeding UDC standards. A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the plans submitted with this application that meet the requirements. A detail of the bicycle racks is provided on the landscape plan submitted and appears to be in compliance with this standard Pedestrian Walkways: The proposed plan includes a pedestrian walkway that will run from the northeast side of the building across S. Innovation Lane.Where pedestrian walkways cross vehicular driving surfaces, they're required to be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. The site/landscapeplan submitted with the Certificate of Zoning Compliance application should reflect compliance with this standard—theproposed striping of the crosswalk is not an approved material and should be revised to comply with this standard. Landscaping(UDC 11-381: Street buffer: The street buffer along S. Ten Mile Road and W. Cobalt Drive was constructed with the improvements for the Ten Mile Creek Subdivision No. 1 for the common area site improvements 'Parking Page 6 lot: Landscaping is required in the parking lot per the standards in UDC 11-3B-8C.1. The submitted landscape plan appears to be in compliance with this standard. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC I I-3A-I IC. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-I IC. Details of the lighting proposed on the site shall demonstrate compliance with the standards listed in UDC 11-3A-11 and should be submitted with the Certificate of Zoning Compliance application. Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be roof-mount, all equipment should be screened and out of view as noted above. Building Elevations(UDC 11-3A-19 I Architectural Standards Manuan: Conceptual building elevations were submitted for the proposed structure as shown in Section VII.C. Building materials consist of EIFS, stucco,metal roofingribbed metal paneling,wood metal panels,metal awnings, and glazing. Final design is required to comply with the adopted TM Crossing Design Guidelines. Certificate of Zoning Compliance(UDC 11-5B-1): A Certificate of Zoning Compliance(CZC) and Design Review were approved for this site and building(A- 2023-0028). The Applicant shall submit a revised site plan to reflect Staff's recommended changes for the proposed use prior to the submittal of a building permit application to ensure compliance with UDC standards and the conditions listed in Section IX. VII. DECISION A. Staff: Staff recommends approval of the Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. Page 7 VIII. EXHIBITS A. Site Plan(date: 3/23/23) rlore- _a -- - - :4-- - -- i G -� Pkm �j�COSTA VIDA•DESIGN RENEW S11E PLAN n riu Page 8 B. Lanscape Plan(date: 3/23/23) -may- =- _ o itIM-r`' 1 • . NlY•w ._ ^� •iL"L"C IC. -I..•...e�®�I- ...L'LT�C.S ter.-rr,,.�..ir,..-....,.I. LANDSCAPE PLAN 25 �'�.:taszaa.a:�x• ...�._..... s '��:��::3'�=.���"•" ��,a� .�r�-rw�s-sue •�;=-o.o_va.•���mr sa�a�.:.--�-- -s�atr..� .,.r..r..._ a�+.EAR�e�ry3�5�` 7-t_•. x == e.�� W-RAW.K.W-M KAF ucumcsux a $a s -ir � � - ., .r�.......w.........r._.,-.. .�.=•-=^-��a;�. •s�i-si�sxaa:.-ra�_� •aasrrrmssxasmeam•--^--•.••, �„,a�, s�sroa�__.�••-•--• •�Tairy.'�41�•3!.•_'1s_'.L_'Y'—_°'.'-e��"' .::LSSi'..,.-._.....�„-,..- ....rr-"�:5..-...5—`-ram YL�_ "Siv�.:A��s��i•4. -�-..m i�.-.�mn =v-Lift= krn Maw Luc M i Ww 3 Page 9 C. Costa Vida Proposed Elevations W, Cushing -- —---tea — — ---- -�- --- ----------'pro W !�NUAiH-COLIXi 3 ------- ._._._- vre^r-cadre --- _7�B A202 Page 10 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein[H-2020-0074 MDA. PP. RZ(DA#2021-089157);FP-2022-0009;PS A-2022-0188; CZC,DES A-2023-00281. 2. The site plan and landscape plan approved with the Certificate of Zoning Compliance application (A-2023-0028) shall be revised as follows: a. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. b. Additional signage and parking lot striping is required throughout the site to efficiently and adequately direct patrons to the menu boards and throughout the site with minimal conflict. c. Coordiante with the Kum and Go respresentatives to reduce the 50-foot wide entrance on the northeast to 25-feet in width to minimize potential conflicts with vehicles entering and exiting the site. d. The pedestrian walkway from the perimeter sidewalk across S. Innovation Lane to the main building entrance shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4b. 3. The existing landscaping buffers along S. Ten Mile Road and W. Cobalt Drive remain in place and shall be protected during construction on the site per UDC 11-3B-10. 4. Compliance with the standards listed in UDC 11-4-3-I1—Drive-Through Establishment and standards listed in UDC 11-4-3-49—Restaurant is required. 4. Direct access via S. Ten Mile Road is prohibited. The applicant shall provide written documentation of the recorded cross-access easement at the time of Certificate of Occupancy of the future building. 5. A Certificate of Zoning Compliance application shall be submitted and approved for the proposed use prior to submittal of a building permit application. Compliance with the design guidelines in the Ten Mile Interchange Specific Area Plan and the design standards listed in the Architectural Standards Manual as applicable is required. 6. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-513-6F. B. PUBLIC WORKS Site Specific Conditions of Approval 1. General Conditions of Approval 1. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a Page 11 single utility,or 30-feet wide for two. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 3. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 4. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 5. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 6. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 9. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. I t. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 13. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 12 C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. VALLEY REGIONAL TRANSIT https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=298049&dbid=0&repo=MeridianCitX F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancitE.orglWebLinkIDocView.aspx?id=295721&dbid=0&repo=MeridianCity G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=295141&dbid=0&r0o=MeridianCitX H. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.orglWebLinklDoc View.aspx?id=297171&dbid=0&repo=MeridianCitX X. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section VI for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff ,finds the proposed restaurant with a drive-through will be harmonious with the uses allowed in the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VI of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds the design, construction, operation and maintenance of the proposed use will be be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as Page 13 highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. Staff ,finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Staff finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005). Staff finds the proposed use will not result in the destruction, loss or damage of any such features. Page 14