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HomeMy WebLinkAbout2023-07-11 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, July 11, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Mayor Robert E. Simison ABSENT Councilwoman Jessica Perreault Councilman Luke Cavener PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Approved PROCLAMATIONS \[Action Item\] 1. Proclamation for Owyhee High School Baseball State Champions PUBLIC FORUM – Future Meeting Topics The public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide follow-up assistance regarding the matter. ACTION ITEMS Public Hearing process: Land use development applications begin with presentation of the project and analysis of the application by Planning Staff. The applicant is then allowed up to 15 minutes to present their project. Members of the public are then allowed up to 3 minutes each to address City Council regarding the application. Citizens acting as a representative of a Homeowner’s Association may be allowed up to 10 minutes to speak on behalf of represented homeowners who have consented to yielding their time. The public may sign up in advance at www.meridiancity.org/forum. After all public testimony, the applicant is allowed up to 10 minutes to respond to questions and comments. City Council members may ask questions throughout the public hearing process. The public hearing is then closed, and no further public comment is heard. City Council may move to continue the application to a future meeting or approve or deny the application. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items unless to break a tie vote. 2. Public Hearing for Julia Subdivision (H-2023-0003) by Hesscomm Corporation, located at 2435 N. Black Cat Rd. Approved 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 approve made by Councilman Overton, Seconded by Councilman Hoaglun Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton 3. Public Hearing for Cole Valley Christian School Pre-K-12 (H-2023-0011) by LKV Architects, located at 7080 W. McMillan Rd. Approved 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 approve made by Councilman Hoaglun, Seconded by Councilman Overton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton 4. Public Hearing for Costco Development (H-2023-0007) by Barghausen Consulting Engineers, Inc., located at 3403 W. Chinden Blvd. Approved Applicant Requests Withdrawal 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 approve made by Councilman Hoaglun, Seconded by Councilman Overton Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Borton EXECUTIVE SESSION 5. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Motion to vacate Executive Session made by Councilman Hoaglun, Seconded by Councilman Overton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton ADJOURNMENT 8:00 P.M. Meridian City Council July 11, 2023. A Meeting of the Meridian City Council was called to order at 6:01 p.m. Tuesday, July 11, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Liz Strader and John Overton. Members Absent: Luke Cavener and Jessica Perreault. Also present: Joy Hall, Bill Nary, Sonya Allen, Shawn Harper, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton Jessica Perreault Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is July 11th, 2023, at 6:01 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Tonight's community invocation will be delivered by Jennifer Caviness Williams with the Baha'i Faith. If you all would, please, take this as a moment of silence and reflection, either one, or join along. Williams: Does it matter? Simison: No. Williams: Oh, my God. Oh, my God. Unite the hearts of thy servants and reveal to them thy great purpose. May they follow thy commandments and abide in thy law. Help them, oh God, in their endeavor and grant them strength to serve thee. Oh God, leave them not to themselves, but guide their steps by the light of thy knowledge and cheer their hearts by thy love. Verily thou art their helper and their Lord. Meridian City Council July 11,2023 Page 2 of 40 ADOPTION OF AGENDA Simison: Thank you. Next up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adopt the agenda as published. Strader: Second. Overton: Second. Simison: Have a motion and a second to adopt agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. PROCLAMATIONS [Action Item] 1. Proclamation for Owyhee High School Baseball State Champions Simison: So, first thing we are going to do is a proclamation. If I could get the Owyhee High School baseball team to join me at the podium, along with their coaches, that would be great. So, Council, we are going to have to get used to Owyhee for the next two weeks as we have the baseball team this week and the softball team next week coming in for their state championship. So, we really appreciate the fact that you guys are willing to come in during your summer. I'm sure you all are just doing nothing, sitting around playing video games -- no. Hope you are doing some good stuff. But we are here to recognize them for -- for their achievement on the field, which is a -- I know it's something that they were looking forward to. So, what we will do is read the proclamation and if each of you can kind of come and state your position -- your position with the team, then, we will let the coach say a few words and do a picture. That works? All right. So, whereas, being an Owyhee High School baseball player is more than making -- pitching, fielding, hitting achieving state titles, it is training to build leadership, character, confidence, teamwork and resilience, all trades needed to succeed on the field, in the classroom, and in the real world and whereas the hard work and dedication of the Owyhee Storm baseball team and coaches has resulted in the second year program with back-to-back 5A baseball state champions and whereas The Storm completed the regular season with a record of 11/1 in conference and 19 and two overall and whereas The Storm baseball finished the season with the 23 and four record and clinched their second straight Idaho 5A baseball state title by taking a 5-2 win in the championship game providing the team -- proving that the team was in it to win it and whereas the leadership, training and discipline of their coaches helped all team Meridian City Council July 11,2023 Page 3 of 40 members to focus their talents, passion and determination to become a winning team, with each player making valuable contributions to their victory. Therefore, I, Mayor Robert E. Simison, hereby proclaim July 11th, 2023, as Owyhee High School Baseball State Champions Day in the Meridian and call upon the community to join me in congratulating the Owyhee High Storm on the remarkable athletic achievement and representing Meridian so proudly in the state tournament. So, on behalf of the city congratulations. While I know the Mayor of Star likes to claim you and there may be some of you from Star, we consider you Meridian, because that's where your address is. So, congratulations. Carlson: Pitcher only. Cooper Carlson. Pitcher only. Price: Easton Price. Outfield. 2025. Curl: Jake Curl. Outfield. 2023. Doty: Kaleb Doty. Pitcher. 2025. Mcghee: Xavier Mcghee. P.O. Class of 2023. Burbank: Ryan Burbank. Outfield. Pitcher. 2024. Rohlmeier: Cole Rohlmeier. Shortstop. Class of 2023. Ryan: Jack Ryan. Outfield. Pitcher. 2023. Mahaffey: Hunter Mahaffey. Pitcher. Infield. 2025. Skinner: Lucas Skinner. Catcher. Pitcher. 2024. Kelly: Keagan Kelly. Second base. 2025. Haws: Gage Haws. Catcher and third base. 2025. S.Rohlmeier: Coach Steven Rohlmeier and teacher out at Owyhee. Thank you. Wright: I'm not -- I'm not doing the class thing. Russ Wright. Teach at the high school and the head coach. It would have been nice to get all of our guys. Obviously we got as many as we could get here tonight. We have got a young team playing tonight and so some of our coaches are there working, but probably the -- the most important thing -- all the stuff that they read about this group, they really live it. It's a -- it's a wonderful group to work with. So, proud of them. Great kids. I would take them all as my sons. So, we appreciate it. Thank you for the honor. Simison: And for those that aren't here we do have another proclamation which has everybody's names on it. That will be entered into the record for those that weren't Meridian City Council July 11,2023 Page 4 of 40 here. So, in case they ever want to come back and look at City Minutes they will -- they will find them, so -- if you don't mind joining me up here we will do a quick picture. PUBLIC FORUM — Future Meeting Topics Simison: Okay. With that, Madam Clerk, do we have anyone signed up under Future Meeting Topics? Hall: Mr. Mayor, there is not. ACTION ITEMS 2. Public Hearing 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. Simison: Okay. Then we will go on to our Action Items this evening. Item 2 is a public hearing for Julia Subdivision, H-2023-0003. We will open this public hearing with comments from staff. Sonya. Allen: Thank you, Mr. Mayor, Members of the Council. Let me get the presentation up here. The first applications before you tonight our a request for annexation and zoning and a preliminary plat. This site is an enclave consisting of 2.77 acres of land. It's zoned RUT in Ada county and it's 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 is proposing 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 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 the other structures are proposed to be removed. There is an existing driveway access via Black Cat Road for the existing home that are 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 that will remain along the southern boundary of the site. A 25 foot wide buffer is required along Black Cat Road, which is listed in the CIP 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 of an acre of common open space consisting of Meridian City Council July 11,2023 Page 5 of 40 street buffer, open space with pathways and a storm drainage area as shown. The Sky Pilot Drain exists on the adjacent property to the west and is piped and is open on the subject property along the southern boundary of the site and is required to be piped with development. The drain lies within a one hundred foot wide easement, 50 feet each side measured from center line. All of the lots along the western and southern boundaries of the site encroach within this easement. Nampa-Meridian Irrigation District 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. No buildings or trees would be allowed in the inner 30 feet of the easement area, but lawn and fences could be allowed. The UDC 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 width of the easement encroachment on this site is approximately 27 feet. The applicant is requesting Council approval for the easement to be located on buildable and common lots. That's Lot 7, 9 through 12 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 with stone and brick veneer accents. As a provision of the development agreement staff recommends all homes include brick and stone veneer accents on the street facing 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 for that home. 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 homes to a single story in height with a bonus room above the garage, with all windows facing the front of the lots. The Commission did recommend approval of these applications. I will go through a summary of the Commission public hearing. There was only one person, the applicant, Bruce Hessing, that testified in favor of the application. There was no written testimony or any other commenters on the application. The Commission was in general support of the proposed in-fill project. The Commission did not make any changes to the staff recommendation. The only outstanding issue for Council tonight is -- as I mentioned the applicant is requesting Council approval for the irrigation district easement for the Sky Pilot Drain to be located on building and common lots, rather than a separate common lot as allowed by the UDC with -- with Council approval. No written testimony has been submitted since the Commission hearing. The applicant is here to present testimony tonight. Staff will stand for any questions. Simison: Thank you, Sonya. Council, any questions for staff? Okay. Then would the applicant like to come forward? Meridian City Council July 11,2023 Page 6 of 40 Hessing: Bruce Hessing. 2338 West Boulder Bar Drive, Meridian. These are hard to do, these little in-fills. I -- I take pride in doing them. I like turning weed patches into houses. Been doing this for about 30 years. It's a good -- good little project. I think it will fit in there very well and Sonya is -- is amazing. She said it best and I'm here for questions. Simison: Thank you. Council, any questions for the applicant? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a comment. Sir, if you could just speak into the microphone a bit more. Thank you. Hessing: I will do that. Simison: All right. Thank you very much. Madam Clerk, do you have anyone signed up to provide testimony on this item? Hall: Mr. Mayor, there is not. Simison: Okay. Is there anybody present or online that would like to provide testimony on this application? If you would like to come forward. State your name and address for the record, please. Nuttman: My name is Alex Nuttman. I reside at 2540 North Julia Place. I just wanted to say I'm in favor of it. I'm a direct neighbor and I think this in-fill project looks well thought out and will be a great asset to our community. Simison: Excellent. Thank you. Council, any questions? Appreciate it. Okay. Orem: Anna Orem. 2584 North Julia Avenue. I live right next to this. I am in favor of it, but I don't know if this is the place to ask about this. I'm nervous. Sorry. Simison: You are doing great. Orem: The first discussion that we had with the original developer -- he had mentioned replacement of the fence along -- like because we live right on Julia where they are going to extend the road, so he had mentioned replacement of the fence and removal of trees that were impeding that fence and actually on the side of the development property, as well as my property and our neighbors across Julia from us. I don't know if that could be included in this officially. Simison: We can ask the developer to respond to that question when it's their time to come up afterwards. Meridian City Council July 11,2023 Page 7 of 40 Orem: Sorry. I think other than that I -- we are not opposed to it. We are in favor of it. We would just like to see those original things that were discussed upheld and I know it's not the same developer, but he's holding true to single story and some of that stuff as well, so that is all. Thank you. Simison: Thank you. Council, any questions? Okay. Is there anybody else that would like to provide testimony on this item, either in person or online? If you are online you can use the raise your hand feature. Seeing no one come forward, would the applicant like to come forward for final comments and address that question? Hessing: Yes. If -- if I would have had a chance to take a look at that on site I'm -- I'm sure I could respond not so vaguely, but it would depend on where those trees are. A lot of times if we -- when they are right up against the fence we know the root patterns of trees they go under into the backyards and it -- it causes issues and I -- I -- I would be glad to look at that with her if I could get addresses or -- or contact information. Fencing wise we are -- we are big on replacing the old fencing, but I'm not sure how old that fence is in there. That's a fairly recent subdivision, relatively speaking if you are my age. But, yeah, we -- we always do that. We will look at that. We are -- we try to be good neighbors and that's our position. Simison: Okay. Council, any additional questions for the applicant? All right. Seeing none, do I have direction from Council on how you would like to proceed? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Sonya, do you need to have us give approval for the irrigation district easement as part of the motion? Allen: Mr. Mayor, Members of the Council, yes, please. Thank you. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Seeing no other public comment, I would move that we close the public comments. Hoaglun: Second the motion. Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council July 11,2023 Page 8 of 40 Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I would like to make a motion that -- after considering all staff, applicant, and public testimony I move to approve File No. H-2023-0003 as presented in the staff report for the hearing date of July 11th, 2023, including the approval for the irrigation district easement for the Sky Pilot Drain to be located on building and common lots, rather than a separate common lot as allowed by UDC 11-38-6E. Hoaglun: Second the motion. Simison: Have a motion and a second. Do I have discussion on the motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to the point of the -- the request that Mr. Hessing would -- will go ahead and look at the tree issue and the fencing issue and -- and, hopefully, will come to agreement that what -- what's workable and can -- can make that all work out. So, appreciate them taking a look at that. Simison: Okay. Any further discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much and good luck on the project and it might be best to get her contact information right now, rather than to see what's said on the record. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. 3. Public Hearing for Cole Valley Christian School Pre-K-12 (H-2023- 0011) by LKV Architects, located at 7080 W. McMillan Rd. A. Request: Annexation of 71.28 acres of land with an R-15 zoning district. B. Request: Conditional Use Permit for a 259,000 square foot private education institution for pre-kindergarten through 12th grade on 48.48 acres of land in the R-15 zoning district. Meridian City Council July 11,2023 Page 9 of 40 Simison: With that we will move on to Item 3, which is a public hearing for Cole Valley Christian School, pre-K through 12, H-2023-0011. We will open this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The next application before you tonight is a request for annexation and zoning and a conditional use permit. This site consists of 71 .28 acres of land. It's zoned RUT in Ada county and is located at 7080 West McMillan Road on the north side of McMillan approximately a quarter mile west of North McDermott Road. A little history on this property. A property boundary adjustment has been tentatively approved by Ada county for this property for a land swap with the adjacent property owner at the southwest corner of the site, which will allow for the extension of Owyhee Storm Avenue along the project's west boundary. Final approval of the property boundary adjustment is required prior to City Council approval of the annexation ordinance. So, if Council does approve this project tonight we will be holding off the annexation ordinance approval for a little bit until that gets done. The Comprehensive Plan future land use map designation is medium density residential, which calls for three to eight dwelling units per acre and it does have a school designation on it. And this site is within the area governed by The Field sub area plan. The applicant is requesting annexation and zoning of 71 .28 acres of land with an R-15 medium high density residential zoning district. The applicant proposes to develop 48.48 acres of the site with a private education institution in accord with the future land use map in the Comprehensive Plan. The remaining 23 approximate acre portions of the site at the north and south boundaries are anticipated to be used for future expansion of the school. The property will be used for agricultural purposes in the interim. Because the R-8 zoning district is more appropriate zoning district for the medium density residential future land use designation and accommodates the proposed use, staff does recommend an R-8 zoning district instead of the proposed R- 15 district for the subject property, which the applicant is in agreement with and the Commission did recommend approval of. A conditional use permit is proposed for a private education institution on 48.48 acres of land. The use requires conditional use approval, because it exceeds 250,000 square feet within a residential district at 259,919 square feet. It includes lighted fields adjoining or within a residential district. It will generate in excess of 1,500 vehicular trips per day at approximately 4,132 trips per day. It takes access from a collector street, i.e., Owyhee Storm Avenue and there is not a safe separate pedestrian and bikeway access between the neighborhood and the school site. There are actually no -- no adjacent neighborhoods at this time. Cole Valley is -- currently has two existing campuses that will be relocated and consolidated into one 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 out -- outside athletic venues. The new facility will serve 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. Four portable classrooms are planned in the future on this site, totaling another 8,400 square feet. Development of the school site will likely occur in two phases as shown on the phasing plan on the right there. That is a revised phasing plan that was submitted late last week, but may occur Meridian City Council July 11,2023 Page 10 of 40 in one phase. If phased, phase one, that's the pink area shown on the plan, is proposed to consist of all the outside athletic venues, except the tennis courts. A portion of the southeast parking lot, public restroom outbuilding, partial construction of Ersatz Road and partial extension of Owyhee Storm Avenue and the adjustment and piping of the Creason Lateral. Phase two, the blue areas on the plan, are proposed to consist of building construction, remaining site development of parking lots, access points, play structures, extension of streets, Owyhee Storm and Ersatz, to the northern boundary of the subject property as half plus 12 foot street sections as required by ACHD and public utility connections. The gray areas on the plan at the north and southwest corners are future development areas for the school, which will be farmed in the interim. The applicant is requesting Council approval to not construct the sidewalks and street buffers along the streets -- and that's McMillan, Ersatz, and Owyhee Storm -- on the future development areas, the gray areas, until such time as they develop, since they will be farmed in the interim and damage to those improvements would likely occur. Two accesses are proposed via Owyhee Storm Avenue and two are proposed via Ersatz Place Road. No access is proposed or allowed via McMillan Road. Off street parking is depicted on the site plan in excess of the minimum standards. A minimum of 742 spaces are required at full build out, including the portable classrooms and the classroom additions. A total of 843 spaces are proposed resulting in 101 extra spaces overall. A ten foot wide detached sidewalk, multi-use pathway, is proposed within the street buffer along Owyhee Storm Avenue in accord with the pathways master plan and five foot wide detached sidewalks are proposed along McMillan and Ersatz Roads. Because ACHD is changing policy to require ten foot wide multiple use pathways along arterial streets 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 ten foot wide multi-use pathway is required along McMillan Road as a provision of the development agreement. All utilities, except for city sewer, are available to the site or in close proximity. Sewer will be provided from the Can-Ada lift station, which 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 and Can-Ada Road one mile to the east near the intersection of McMillan Road and Star Road as part of the project. The school will need to extend sewer down McMillan Road and Owyhee Storm Avenue 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 and concession and restroom buildings only, which shall be taken offline as part of the construction of the school. Building elevations were submitted as shown for the proposed two story school building. Building materials consist of a combination of smooth face and split face masonry in two colors and deep ribbed 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. Because the property is located within the area governed by The Field sub area plan, the general character, design and identity of the development within this area is required to have a cohesive modern rural design theme. Because the proposed school doesn't front on McMillan and isn't oriented towards Owyhee Storm 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 Meridian City Council July 11,2023 Page 11 of 40 adhered to, such as lighting, fencing, for example split rail, landscaping, for example, tall fescues, dry creek materials, wildflowers, street trees, et cetera. Public art, on-street bike lanes and/or off-street multi-use pathways. Signage, for example, metal roof on sign, et cetera, as outlined in the plan. 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 accord with the plan. The detail on the right there shows some examples of those items. In the portions of the site that will not be developed with phase one a meadow seed mix is proposed to be planted for wildflowers and grass. The applicant has submitted details on fencing, which propose a split rail fence along the southern property line adjacent to McMillan Road and along the Bentley out-parcel and black coated chain link fencing along the east, west and north property lines for security and safety of the students. City Council should determine if the chain link fencing is appropriate in this area. Details on signage, public art and other modern rural design themed items have not been submitted as recommended by staff prior to the Council hearing, as they have not yet worked out the interior design theme yet. I will go over a summary of the Commission public hearing. Several of the applicant's team testified in favor. Amber Van Ocker, LKV Architects, applicant's representative. Sonia Daleiden, Kittelson and Associates. Wayne Thowless, LKV Architects. No one testified in opposition. Patrick Nichols commented on the application. Written testimony was received from the applicant's representative Amber Van Ocker, the applicant's representative. Excuse me. Key issues of discussion by the Commission were as follows: The applicant requests to not be required to construct Owyhee Storm and Ersatz and the associated sidewalks and pathways and street buffers to the north property line, just to the northern boundary of the school campus proposed to develop at this time and the street buffer and pathway along McMillan to be constructed with future development of that area. And, lastly, concerns pertaining to traffic and existing congestion in this area and impacts from the proposed development. The Commission made the following changes to the staff recommendation. At staff's request they included a clarification to development agreement provision A-1-1 D in Section 9 that all street buffers adjacent to public streets also be constructed by the applicant, unless already constructed by ITD prior to issuance of certificate of occupancy for the high school building. And the Commission required McMillan Road improvements and the extension of Owyhee Storm Avenue and Ersatz to the northern parcel boundary to be completed either by the applicant or ITD as applicable prior to issuance of certificate of occupancy for the high school building in the second phase of development. Outstanding issues for Council tonight. Council should determine if the proposed black coated chain link fencing is appropriate in The Fields sub area and represents the modern rural design theme as required and the applicant requests the ability to work with staff further in the future on signage, public art and other modern rural design theme items for this site in accordance with The Fields sub area plan. No written testimony has been received since the Commission hearing. The applicant is here tonight to present. Staff will stand for any questions. Simison: Thank you, Sonya. Council, any questions for staff? Okay. Would the applicant like to come forward. Meridian City Council July 11,2023 Page 12 of 40 Van Ocker: Good evening. Thank you, Mr. Mayor, Members of the Council. Really appreciate the opportunity to be here. Amber Van Ocker, LKV Architects. My office address is 2400 East Riverwalk in Boise. Sonya has taken all my thunder. She did a great presentation. I think covered most of the topics that we kind of need to go over this evening. Cole Valley is exceedingly excited about this project and we have been working on this for well over a year and a half to get to this point. So, this is a milestone for us and we appreciate this opportunity. There is -- pretty much most of the folks in the room are part of either our design team or our construction team, which is ESI Construction -- Construction here in town and, then, members of the administration. Allen Howlett, the superintendent, is here, and if there is other additional questions you want to ask him directly he will be available. I think the -- the main points that we really do want to discuss -- the staff report is excellent. We don't have hardly any issues with any of the conditions that have been placed on -- on the application. We do want to visit a little bit more about the extension of the roadways. There is an additional 20 acres associated with that northern piece that if there was a way that we could not extend past our -- what we have identified as our construction boundary at this point for Owyhee Storm. ITD is going to be doing most of the extension of Ersatz beyond that, so it's really Owyhee Storm that we would like to -- to discuss. It is the intent of Cole Valley to still allow a farmer to farm that -- that 20 acres up until the point that the school would -- would deem it appropriate to develop further. So, that's -- that's part of the reason. Of course, the other reason is just the economics behind it. Extending a roadway that goes nowhere at this point is -- is difficult on a project of this magnitude where we are trying to, obviously, cover a lot of other financial implications. So, that -- that's one aspect that we would like to visit a little bit about. The phasing plan that we have included -- I don't know, Sonya, can you jump to that one? So, Sonya did a really good job of explaining what we have shown here and this is kind of a fall back and this is just me wanting to make sure that -- that we present something to you that can be approved this evening. But the blue does indicate extending Owyhee Storm all the way to the north parcel line. We would love to be able to stop it right here and go ahead and have that roundabout occur at that location or the cul-de-sac. ITD will be extending Ersatz, so that's not as much of a discussion, with the exception that we do not want to at this point extend a sidewalk or that landscape buffer for that area of the -- that 20 acres that we are not going to develop at this time and the same discussion also occurs along McMillan. There is some requirements for the pathways in the landscape buffers. We would -- we would like to be able to hold off on that until that parcel is also developed and, you know, a lot of it is extending, obviously, of these roadways, but extending irrigation, the maintenance of all of that for property that we are -- we are not actually developing at this -- at this stage. Everything else is still very much in play and we have agreed with -- with all of the other conditions of approval that have been placed upon this application. Sonya already mentioned the -- the -- the discussion that we would like your approval to not do the split rail fence everywhere on all of our boundaries and that -- that primarily really is a -- a safety issue. We feel we can do it on the southern boundary lines, because we are not as concerned about being able to protect play areas, which occur to the north of -- of the building itself and the athletic components, but -- so, we -- we really do request to have a black coated chain link fence solution that is going to be something that the school can maintain. It can really provide that safe Meridian City Council July 11,2023 Page 13 of 40 perimeter that we need, where a split rail wood fence would be very very difficult to control this site. And, then, the -- the other follow-up item would be some of the other details associated with The Fields sub area plan. We just still need to work out some of those details with staff. A lot of it has to do with signage. We want to make sure that not only is our site signage cohesive, but it also makes sense with what we are going to be doing as far as building and signage and interior signage is concerned. So, we just need a little bit more time on that. We are not disagreeing with that condition of approval, we just need a little additional time to work out some of those details. The other component, which Sonya mentioned right at the beginning, is that we are still working through some legal documents associated with the land transfer that's occurring with the Dean Bentley parcel to the south. So, you know, we were very successful, in my opinion, to be able to convince an adjacent property owner to let us swap out some land, so that we could extend Owyhee Storm. Obviously, that's something that our traffic study really encouraged us to be able to do. The city has been saying that this is, obviously, something that needs to happen in order to have good access onto this site. So, we are still just working through some legal aspects on that. We -- we expect those documents actually any day now to be signed by everybody and then -- then filed with the county. The county has given us approval of that, just waiting for these -- these legal documents. So, that is forthcoming and I think, you know, we have got members of our traffic engineering team also here, if -- if there is very specific details that -- that you need to ask from a traffic engineering perspective that's -- that's over my head I would pass it off to her. And, then, also our landscape architect is here if there is some very specific questions that you may have associated with landscape design. But other than that I think I would -- I would stand for any questions. Simison: Thank you. Council, any questions for the applicant? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Thanks for your presentation, Amber. A quick question. When we talk about the black fence, can you kind of delineate a little more where that will be going? Is it around primarily the ball fields and -- Van Ocker: Yes. It will -- it will actually extend along all of Owyhee Storm, all of Ersatz and, then, the north -- you know, what we are calling our construction limit zone, it will -- it will extend there. And, then, we -- we do have some fencing that is going to secure the ball -- the -- the football stadium, just to be able to control access to that and, then, we do have a little bit of -- this mouse is difficult. There is a little bit of fencing that occurs around a preschool play area, but for the most part that black coated chain link fence is on our perimeter. Hoaglun: Okay. Follow up, Mr. Mayor? Meridian City Council July 11,2023 Page 14 of 40 Simison: Councilman Hoaglun. Hoaglun: Also I wanted to check -- on phase one in the pink you show on Ersatz and Owyhee Storm they are extended into the edges of the property. Owyhee Storm, you know, shows phase two in blue. Is that for fire access for phase one -- secondary access; is that -- Van Ocker: So, with -- with phase one we are basically going a full road section to hit our first southern entry point and, then, ACHD is requiring us to do a half road section for the remainder. So, that's -- that's the designation from the pink to the blue on Owyhee Storm. The thought being when adjacent parcels are, then, developed that developer would come in and finish that other half section of roadway. Simison: And follow up on that. Is that phase one requirement to do the half all the way down or -- Van Ocker: No. That would be part of phase two. Simison: And I guess the question I was -- because I had the same question, why are you doing -- why are -- what's -- what's the rationale for the phase one of Owyhee Storm, because it connects to nothing at that point in time. Van Ocker: It's fire access, so that we have two means -- Simison: To -- to a vacant undeveloped parcel of land? Because phase two is not -- and that's -- it's like nothing connects over to the rest of phase one, at least on this drawing, that's what I was trying to figure out, what's it -- what's the purpose of the fire access? Van Ocker: So, if I -- if I'm understanding your question correctly, we will only be doing this pink portion under the phase one. We will -- this will all still be graveled out, so that if there is an emergency at the football stadium, let's say it's -- it's operational at this point, you would still be able to reach -- Simison: Okay. So, there is a connection back -- Van Ocker: Yeah. Simison: -- making a -- I was just trying to find out why does it need to be in phase one versus phase two. Van Ocker: I think we are -- the fire marshal has told us that they -- he would work around a single access point, but we are kind of looking that that needs to occur as soon as we can get that to happen. Hoaglun: Yeah. And Mr. Mayor. That -- Meridian City Council July 11,2023 Page 15 of 40 Simison: Councilman Hoaglun. Hoaglun: -- that was exactly where I was going with that was, okay, is there going to be a connection -- otherwise why do that portion of it? And you can work with the -- our -- our -- our fire department on making sure the weights -- that you have a gravel access point to have that secondary access and, yeah, we can work with you on that, certainly, but -- Van Ocker: Correct. Hoaglun: So thank you. Harper: Mayor? Simison: Lieutenant. Harper: Just for the access part, definitely it is a secondary access. As long as we are able to get through the gravel section. Hence if you guys are starting to use the phase one at some point for games or whatever it may be, if -- if the primary entry point is blocked we need to have a secondary access to -- to render aid or deal with whatever the emergency is. So, both fire and police definitely support the secondary access initially -- initially in that first phase. And the fencing I -- I wanted to ask a follow-up question, if that's all right, Mayor. What is the height of this fencing that you are looking at? Van Ocker: It's six foot. Harper: Okay. And you are talking about the coated chain link? Van Ocker: Uh-huh, Harper: And that's just from a safety and security side for schools that is something that we support as well for the security of the school and the students and staff. So, that's something that we would -- we would recommend. Thank you. Borton: Mr. Mayor? Simison: Council Borton. Borton: Let me jump into that topic. The staff report -- and, Amber, your comments -- it makes it look like this is going to have a -- you were asking to have a six foot chain link fence surrounding the entire property on the perimeter. Is that -- let me start there. Is that a correct summary? Van Ocker: With the exception of the southern boundary line, so that the southern property line that abuts the Bentley parcel and, then, the -- this section that would abut Meridian City Council July 11,2023 Page 16 of 40 McMillan, that's where we are proposing to have that wooden split rail fence, because we are not as concerned about security in those locations. It's really adjacent to the building itself and, then, primarily it's -- it's the play fields. We just have to really control access from, you know, anyone being able to just walk back onto a playfield during the course of, you know, a school day. Hoaglun: Mr. Mayor, I guess -- I get that. I'm just trying to -- to visualize -- I -- I think chain link, even if it's powder coated, is -- is unattractive to say the least. I am envisioning this to be along -- it sounds like it's along Owyhee Storm the whole way, the northern boundary, Ersatz out on the east the whole way. Is this the new norm that schools are going to get -- it has a -- and I know it's not the intent, but it just feels -- well, I guess it's safe, but it feels kind of prison like, quite frankly. I know that's certainly not the intent and I don't make light of safety, but is that -- it's really chain link along three full sides of this whole project, six feet tall the whole way on the edge. Van Ocker: And it's -- it's actually fairly standard. I mean all of our public schools that we -- we do projects for, West Ada, Boise School District, we are definitely fencing almost all perimeter. We -- we generally don't fence the -- the approach, the front of the school, but those connection points back to, you know, a -- a logical location back to the school building Itself to create gated areas, we always have fire access areas, but the schools are fenced. That's certainly normal. What isn't normal is going with the black coated fencing solution. Chain link would be very standard. Borton: So, just to follow up. So, Sonya, tell me what the discussion point was, then, your -- your -- your comments in the staff report was for the Council to determine whether or not that's appropriate. Is the -- is the requirement a blank slate for options here or is there something that's required, whether it's the split rail and -- and we are being asked to consider to vary from either a recommendation that our staff made or any parameters that help us on this topic? Allen: Yes, Mr. Mayor, Councilman Borton, Council, this area is located in The Fields sub area plan and it does call for a modern rural design theme. An example of that is the split -- split rail fence. Staff didn't really feel like the chain link fence is consistent with the modern rural design theme that's desired in this area. So, staff is deferring to City Council on whether they feel this is appropriate or not -- or not for the -- the use and the area. Thank you. Harper: Mr. Mayor? Simison: Lieutenant. Harper: So, with chain link fence -- and I think I'm with Councilman Borton, I'm trying to track here as well, exactly where the fence is at. But that fencing is very standard and, again, it heavily falls on safety and that's what we have to focus on first. On the front of the school, from what I remember from our pre-apps and -- and looking at the files, is the split rail, so visibly from McMillan it's -- it looks nice, it's more aesthetic to the area, Meridian City Council July 11,2023 Page 17 of 40 but in regards to where we have any types of fields, athletics and just like we do at Rocky, Mountain View, at all the high schools, we have that fencing in place for a reason. It's to try to keep out those that we don't want in and protect those who are actually attending events or at school. So, you know, a split rail fence around the entire school is not something that the Police Department would support. It creates a lot of safety hazards and concerns for us. So, I -- again, the -- the fencing is very standard. Simison: And just as a follow-up question, because, you know, I'm racking my brain about where we -- what schools actually have a fence in the front of them. Is that a requirement of The Fields district that they have to have -- or is that a design choice of the school to put something into the front? Because I don't know that you would need to put in a split rail. I don't know that you need a fence anywhere. It's only where you want them. And, then, what you want them to function -- or is there a design element? So, that's -- if you want to put a split rail on the front, great. Do you need it? Van Ocker: Mr. Mayor, we -- we -- we actually would not want to put the split rail in. That would be a -- a maintenance type of fencing design that we probably wouldn't advocate for. We are just trying to meet some of the requirements of -- of The Fields sub plan and, you know, the location of that fence wouldn't necessarily be right at -- adjacent to the entry point, it would be along this property boundary, this property boundary and this property boundary. So, the intent is is that if you are on McMillan and you are looking onto the site you would see that split rail fence. It's going to serve no purpose for the school, other than an aesthetics associated with the sub Fields plan. I mean we -- if it wasn't a condition of approval we would not ask to develop that type of fencing on a school site. Simison: It is a condition of approval in the location. I guess that would be a question for staff. Is there -- is there a requirement that they have to put a fence in on the front or is that -- I understand you want the certain type of fence to meet the intent in other locations, but if you -- if Council is fine with that do they have to do it in front -- or who made that determination? Allen: Mr. Mayor, Council, no, it's not a requirement that they provide fencing, but if fencing is provided fencing should be consistent with The Fields area plan in a modern rural design theme. So, if you deem chain link is appropriate it could certainly be provided along that boundary as well, along McMillan Road. But, yeah, it's not a requirement. Simison: I -- I guess I don't see them putting -- those schools don't have it in the front, they only have it side and back. But I'm not -- you know, you don't have to be most schools, but your school downtown has chain link right there alongside to keep it apart from the -- and I know that's an older facility, but -- yeah. But you don't have it in front of the school. You have on the side, not in front. Van Ocker: Correct, Mr. Mayor. We would -- I mean it would run around the perimeter and, then, it would connect back to points associated with the building to create that -- Meridian City Council July 11,2023 Page 18 of 40 that perimeter fencing. We would fence all the way around the football stadium and then back. So, you know, we are creating that -- that containment zone and, obviously, any area where we would have emergency access points that's where we have, you know, Knox box gated, gates that are able to be controlled by the police department and the fire department for emergencies and I -- I think the other thing that I would add is that, you know, this is a unique design. We are dealing with pre-K through 12th graders and the whole facility really is designed to have kind of a school within a school approach. So, we do have separate entrances identified for the younger grades compared to the upper grades. The playfields are being designed so that there is segregation so to speak between the grades and a lot of that is handled with fencing and it's -- it's very important to be able to control that site. Oftentimes you are going to only have a handful of staff members that are going to be out, you know, during a recess period and -- and they really have got to be able to contain, you know, what is going to be, you know, 1,800 students eventually on this -- on this campus. So, it's -- it's a -- it's very very important, the -- the fencing to be able to have that perimeter. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Just to bring some clarity to the mud, so if I get this right, the black coated six foot fence perimeter on the north side, east side, west side, but no fencing is actually required on the south side and if it's not required you would rather not put it in. Van Ocker: Correct. Overton: Thank you. Mr. Mayor? Simison: Councilman Overton. Overton: Question for staff. Regarding subdivisions that eventually go in there, for their fencing -- out front if they wanted a fence it would have to be the split rail, but in backyard, side yards, can they go a six foot cedar or is it going to be split rail? I mean I'm trying to figure out what -- what this applies to and what that looks like as it develops over time. Allen: Mr. Mayor, Council, I -- you know, this is honestly the first application I have had in The Fields area plan, so, you know, that's what the plan calls for. I think it's mainly the -- the feel you get from the streets and -- and walking, you know, of the area. I -- I think the six foot solid fence would be appropriate in rear yards, but I think from the street we are just trying to attain that design feel. Hoaglun: Yeah. Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council July 11,2023 Page 19 of 40 Hoaglun: Yeah. And that's what I think we want a look, a feel, aesthetic for -- for this area and having it up front, you know, adds to that. I'm looking at, you know, Rocky Mountain and -- and Meridian High School, along Linder Meridian doesn't start the fence until they are to the high school, but, then, it goes all around the perimeter of all their fields and everything. I get that. And -- and Lieutenant Harper says, you know, it's -- it's a safety thing and having that back there, because that's kind of the back lot if you will, and having -- having split rail up front to kind of be part of the neighborhood might be a good look, but I understand the need for that. And, then, powder coat it's better than the regular chain link, so that -- that's a nice -- nice touch to -- to have for a safety fence, so I'm -- I'm okay with that approach. Simison: Council, additional questions for the applicant? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Another comment that seems -- sounded maybe unresolved was the construction of the half roadway to the northern field boundary versus the northern property boundary is that issue -- is the -- the normal standard requirement would be to do it to the northern property boundary, but there is an ask to do something different. Is that correct? Van Ocker: Correct. That's correct, Mr. Borton. Thank you. Borton: And -- and if that's the case, then, the full street width north of the school property gets built by the property that develops ultimately to the west, they get the whole thing? Van Ocker: Mr. Mayor, if I can follow up on that. I -- I think that that's what the Planning and Zoning Commission also struggled with and I mean -- and we understand that, is that down the road who will be building this full section of roadway. The school does not have any intention of -- of -- of getting rid of this parcel right now or this 20 acres. So, the intent would be that eventually Cole Valley would be building their portion of that roadway when, you know, this additional 20 acres was built, but, you know, obviously, that is -- that -- that whole discussion is what the Planning and Zoning Commission also struggled with. Borton: I see. So -- so, back in -- Mayor, follow up on that. Amber, is the idea that -- that Cole Valley's obligation to construct the half road width north of the athletic fields remains an obligational of Cole Valley, but -- but the timing of doing that isn't until the northern site develops. Van Ocker: That's what we are requesting. Borton: Okay. Is that -- it looks like it's a cul-de-sac. It's a dead end? Meridian City Council July 11,2023 Page 20 of 40 Van Ocker: Correct. It's -- right now it's a road that would go nowhere. Borton: Okay. All right. Mr. Mayor, the reason for my question is I thought I had heard the ask being that it never be an obligation of Cole Valley to construct that half north of the field, but you are saying you just don't think it's necessary until that future -- the northern site develops, at which point Cole Valley would, then, construct its half. Van Ocker: That's correct. Overton: Okay Thank you for the clarification. Simison: Council, any additional questions for the applicant? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: One more and that's timing for the phases. What are you looking at for a timeline for things to start? I know it's always fluid depending on funding, but -- Van Ocker: Yeah. Mr. Mayor, Councilman, great question. Right now we are -- we are intending on -- after the irrigation season is over this summer we will be on site piping the Creason Lateral, which basically bisects east to west the parcel. That work has to happen first and we have already gone through our approvals with the irrigation district to secure all of that. So, once the irrigation season is over we will be on site to do that. Best case scenario, once we move through this process with -- with the city we are -- we are currently working on our design documents. We would be submitting those to the city after the new year. So, in '24 they would go in for plan review. Best case scenario we would be following up on -- in earnest on the site spring of '24. Simison: All right. Do we have anyone signed up? Hall: Mr. Mayor, we do not. Simison: Okay. Is there anybody else present who would like to provide testimony on this item at this time, either in the room or online? I -- I -- I see nobody coming forward or raising their hand, so I -- I -- we can invite the applicant back up for final comments or if Council wants to talk further themselves for a second and, then, we can go from there. The applicant's coming back up for final comments and to stand present for questions. Van Ocker: Thank you, Mr. Mayor. We have -- we have no other additional comments and just appreciate your time. Simison: Okay. Overton: Mr. Mayor? Meridian City Council July 11,2023 Page 21 of 40 Simison: Councilman Overton. Overton: I knew I made a note on one other question. Early in the presentation it was talked about that you were going to try to do a five foot wide detached sidewalk along with McMillan, but the staff recommendation was what fits with our city pathways was a ten foot wide multi-use pathway required along McMillan. Were you in agreement with that? Van Ocker: Yeah. The -- the ten foot is what we have currently shown. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: With -- with the discussion that's happened, Sonya, does staff have any areas where there is either confusion or -- or inconsistency in what final conditions might be? Allen: Mr. Mayor, Councilman Borton, Council, not at this time, no. Borton: Okay. Thanks. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for staff. Sonya, you had mentioned this early in the presentation on some of the history and the boundary adjustment and you had mentioned something about the final approval boundary adjustment is required prior to Council approval of the annexation ordinance. So, how does this process work? If we are looking to approve this and with the variations of conditions and whatnot, are we not annexing -- annexing at this point in time or we annex, but it won't take effect until after that final approval of boundary adjustment? Allen: Mr. Mayor, Councilman Hoaglun, Council, you may go ahead and approve the application tonight if that's your decision. The findings would come back for approval approximately two weeks later as is typical. But the annexation ordinance usually follows with the development agreement and that would be held up until that property boundary adjustment gets finalized. Hoaglun: Thanks for the clarification. Allen: And, then, the annexation isn't -- isn't a done deal until that annexation ordinance and DA is approved and recorded. Thank you. Borton: And Mr. Mayor? Meridian City Council July 11,2023 Page 22 of 40 Simison: Councilman Borton. Borton: On that point, a motion to approve an annexation, would -- it would be contingent upon that future boundary adjustment being approved. Is that a condition in the DA that needs to be specified, so it's not merely a timing of, you know, the waiting for the ordinance to get before Council, but the actual -- got a little nerdy and technical, but the actual annexation approval itself I guess has to be contingent on that boundary adjustment, doesn't it? Allen: Mr. Mayor, Councilman Borton, yes, the -- the development agreement won't be acted on and approved by Council until the annexation ordinance and its staff's recommendation that that property boundary adjustment be finalized at that time. I don't believe staff included a development agreement provision that that be done, because it wouldn't be necessary to have that in the development agreement, because it would already be done by that time. Borton: And -- and, again, just to ensure there is no snags and maybe Mr. Nary can help -- help out. Is it -- well, I will just be quiet and listen to Mr. Nary. Nary: So, Mr. Mayor, Members of the Council, Council Member Borton, I think as the findings reflect that the intent is to -- is what Sonya stated of the property boundary adjustment completed prior to the action on the development agreement, that it doesn't need to be in the DA, but it should be in the findings. Borton: Perfect. Thank you. Mr. Mayor? Simison: Councilman Borton. Borton: I don't have a question, but just a comment. I think this applicant is -- is, has been a special part of our community for some time, so there is lots of options of where you probably explored to make this -- this master plan be housed and I think it's fantastic that it's in the City of Meridian and you have clearly done a lot of really good heavy lifting to make this co-location super facility look beautiful and try and also address the -- the critical needs of -- of safety and I think the questions from the P&Z minutes seem to reflect some good valid concerns over traffic and how this might integrate into The Fields district. I think our staff has done that as well and we have been impressed with Amber, you have done -- you have been involved in as many schools in this valley as anybody else. So, I think this is -- it appears to be a reflection of really good work done by you and your team in conjunction with city staff. So, I think it's a -- it's a beautiful project. I think the conditions as presented make good sense. That's my take on it. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council July 11,2023 Page 23 of 40 Strader: Yeah. I -- I echo those comments and I think it's great for, you know, the community to have another educational option and this definitely provides that. I don't have heartburn over the split rail fencing, you know, being -- not being in the front. I think that's fine. Appreciate the safety factor in enclosing the athletic fields and so forth and I think it makes sense and, you know, if the roadway is not totally completed until phase two, I think that's fine as well. So, I don't have any issues. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Certainly as long as the applicant works with the -- we always talk about fire department, because they are the ones that drive the big heavy trucks. You know, if they -- if those trucks can go on it and we know police can go on it. So, that's the main thing off of Owyhee Storm, making sure that's taken care of. I don't have any issues of them having to put in that dead end road north of the phase one, just because, you know, who knows they might end up selling that for development purposes and that developer would put in that -- that road as opposed to having them put in the half and that sort of thing. So, it kind of keeps it a cleaner -- cleaner project and process. So, yeah, I think it's going to be a -- it's exciting I'm sure for the people who go to Cole Valley to have a school site with K through 12. That's unusual. It's -- it's kind of fun to see. I think that will be very attractive and -- and having gone to 7th grade and 9th grade where Cole Valley is now, yeah, it's -- it's time to have a new school I think, so -- because that was a long time ago just for me, so -- that's exciting. Allen: Mr. Mayor? Simison: Yes, Sonya. Allen: I would just like to clarify something for the record. I'm not sure -- I'm not sure if I'm understanding the -- some of the comments correctly, but -- so the current development agreement provision requires the extension of Ersatz and Owyhee Storm to the property boundaries -- northern property boundary, not just the boundary of the school site. The gray area would be the property boundary at the north. That is what ACHD is requiring, as well as staff in the staff report. If -- if you do not require the extension of those streets to the north boundary as requested by the applicant, this will also not extend city services to the northern property boundary or streets or adjacent developers and adjacent properties. So, just be aware of that if you do choose to go that route tonight. Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council July 11,2023 Page 24 of 40 Hoaglun: Sonya, what I was looking at was that extension of Owyhee Storm stopping on the north side at the end of the phase one line. So, you are saying it needs to go to the end of the gray to the north or is phase one okay? Allen: The staff's recommendation in the staff report is it goes to the -- this is one property, one -- one parcel. So, staff is recommending that it go to the north boundary line of the gray area. If -- if the school doesn't develop that area for quite some time there will be no connectivity to adjacent parcels and no extension of services in that area if you don't require that. Again, as I stated, ACHD is requiring that as well. So, it's consistent with their -- their conditions. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: I guess to piggyback on what Sonya just said, without that -- since it is one parcel there is no boundary to build to. I mean there is no -- they need to -- they need to carve off that property separately to not have to extend it. Otherwise it is required by code to go all the way to the end of the property. Hoaglun: And, Mr. Mayor, Sonya, that could be, though, part of phase two as they show here. It doesn't have to be in phase one. It's at some point. Allen: Mr. Mayor, it is in phase two currently. Hoaglun: Correct. Allen: They did revise their phasing plan. That wasn't initially what they proposed, but staff did ask them to revise the phasing plan to include that -- those requirements. It's -- it's half a street section plus 12 feet is what ACHD is requiring. Clear to the northern property boundary. The applicant did ask for the street buffer and walkways on those future development areas, the gray areas, to not be required at this time, because they were concerned that with farming the property in the interim use that they would -- it would get, you know, messed up, so -- so that is something that you should actually include in your motion tonight, too, if -- if you are okay with the applicant deferring construction of the street buffer and walkways on the gray areas. Hoaglun: Okay So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just thinking out loud, then, well, if they have to require that and they end up do selling it that -- they just improve the property and they get a higher price, so I guess that might be one way to look at it, but it is extra cost right -- you know, in phase two, but if that's what's needed to extend amenities and whatnot and ACHD requires it, that kind of does limit our options a little bit. Meridian City Council July 11,2023 Page 25 of 40 Simison: Like I said, it goes -- and goes back to the question -- not to delay, but could they come back and split the property and not annex that portion in? That's an option if you don't want to build it, I just know how it would impact your timing. Mr. Mayor, just to -- Simison: Councilman Hoaglun. Hoaglun: -- further then. So, I -- I'm fine with them not putting in the sidewalks and those items, because that would have impact for agricultural operations out there. So, that part I'm fine with. Can't get the other we will get -- get that. Simison: Is it the sidewalk or the landscape buffers? It says -- because she's okay if they don't put in the sidewalks? Allen: Mr. Mayor, Council, I'm unsure if ACHD is okay with that. I -- I believe they are requiring it, but I'm not positive without looking. I would imagine they are requiring the improvements. That's typical. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: In light of Sonya's information on city services being extended, yeah, that kind of -- that's pretty important. I -- I'm okay with the walkways not going in. The buffer not going in. But I think we have to have that half roadway go in to connect city services to the north. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: These are just standard conditions in any development. If the buffer and sidewalk on this annexed property don't go in what is the future trigger that requires the installation? Allen: Mr. Mayor, Councilman Borton, Council, it would be with future development of the -- those areas, the two gray areas shown on the phasing plan. Borton: Okay So, it's -- it's a deferred obligation to install those improvements, not a waiver of them. Allen: It is, yes. Borton: Okay. Good. Thanks. And I agree it makes -- it makes sense in the interim in the short period in light of the agricultural operations if there is a means to -- you know, no need to waste funds if they might get removed when those operations end, but Meridian City Council July 11,2023 Page 26 of 40 certainly to preserve the commitment that the buffer and pedestrian connectivity goes in with any redevelopment is critical. Strader: Oh, hey, I'm back, you guys. Sorry about that. I had a technical issue. Simison: Well, we left it all in your hands to make the motion, so pay no attention to what you didn't hear. Yeah. So, Mr. Nary, if it's in our -- our code -- is our code speaks -- is it our code or ACHD's code? I'm confused on who -- on the street requirement to extend -- you know, I understand services. I didn't know roads and I don't know sidewalks, if that's part of whose obligate -- whose code. Because, yeah, I don't think that we can do something if our code -- if our code says roads and sidewalks, but -- Nary: And Sonya is correct. So, our -- our code requires you annex your entire parcel. So, if that's not severed, it's -- it's not a separate piece they have to annex all of it. Then the requirement for the road I thought was both ours and ACHD, but I could be wrong, that you have to -- you have to build the adjacent road. You know, I think here it's just the half plus 12 1 think is the northern part, if I'm correct. But I thought that was -- I was -- I thought that was our code and ACHD, but it might just be ACHD. I can't recall at this moment. Simison: I just want to know what is obligated under the code for people to be built, so it's not -- we are not waiving something that we shouldn't be waiving if Council desires to do so. Nary: Well, normally we -- we do require by code that they extend services all the way to the edge of their property and that's normally through the road. Simison: To my knowledge the road includes sidewalk, but I don't -- just want to be clear for the applicant. Allen: Yeah. Mr. Mayor, the services are required to be provided to and through properties, so that other properties adjacent to them can extend it to their properties for development. Unless a property is being subdivided we look at one parcel as one parcel for development purposes and require improvements accordingly. So, if they were subdividing the property and phasing it, then, we would allow those improvements to be constructed with the phase that they are associated with, but the difference is is this applicant is not proposing to subdivide the property. Nary: So, Mr. Mayor, Members of the Council, I believe it -- I mean we have certainly delayed with bonds for landscaping. We -- I think they can trust for the sidewalk, because they sometimes will wait on doing that, because if they have to, again, construct more road later they don't want to have to move the sidewalk or rip it up. Same thing with the landscaping. So, I think we can work with the landscaping and sidewalk, if the Council is comfortable with that, but we definitely want to make sure the service is extended and if ACHD is requiring the roadway, then, they are going to have to build the road. Meridian City Council July 11,2023 Page 27 of 40 Simison: Yeah. And my guess is the roadway includes the sidewalk. I have never seen half a road built without the sidewalk on one side of it. Nary: True. Simison: Personally. I mean -- I look at half roads that were in my subdivision that was required. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I'm just going to say, though, but with agricultural activity that -- you know. And -- and if that takes away say a ditch or something like that, now you have got vacant land that's not under production, to me that's just -- just -- we are -- we are just wasting resources here. Simison: I'm just going to the -- whatever the -- what I think is the question is what does ACHD define as the half plus 12. If ACHD is not -- is fine with that not occurring, but I don't -- Council is considering waiving something that ACHD requires is half plus 12, that's really my question is in that regards. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: We have a little bit of time to think through this. What concerns me now is we approve that they build just the half roadway and they don't build the walkways and the buffer and, then, we do get a development to the north that is going to be walking down a sidewalk that doesn't exist, because we waived that tonight and I don't think any of us want to have anyone walking in an area where we have allowed them not to build the sidewalk. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: A question for staff. I mean if the applicant really doesn't want to complete it how difficult would it be for them to subdivide the property as, you know, a way to tackle that? Allen: Mr. Mayor, Council Woman Strader, Council, they would have to submit a preliminary plat application or a some version of that. Short plat. If it meets the applicability. Meridian City Council July 11,2023 Page 28 of 40 Simison: I'm kind of looking at the applicant to see what they -- you have heard options. What's -- what's a better less option or more expensive worst option? I don't know. Van Ocker: Mr. Mayor, thank you. It was discussed early on in this process on whether or not we were going to divide out that 20 acres and the Cole Valley administration board did not want to do that. They wanted to keep the parcel intact. So, that has complicated this whole discussion. I -- I mean I think if -- if -- if -- you know, obviously, if we are tied to what ACHD is going to require us to do and the sidewalk is something that ACHD deems important -- these are detached sidewalk requirements. It's -- the landscaping component is a big piece of it. We don't want to extend all this landscaping on this 20 acres and have to maintain it when the adjacent ground is going to be put into farming. So, you know, that's -- that's where it's -- it's your comment earlier, you know, putting in resources that potentially could be destroyed, I mean if it was a deferred requirement I mean maybe -- you know. And I don't know, Mr. Nary, if there is a possibility of something like that if adjacent parcels start to develop, but it -- it really does come down to just a -- you know, a practical nature of not wanting to build this infrastructure and have to take care of it when you have got a farmer out there growing crop on it. We don't -- we do not want to subdivide this out as -- as was suggested. It's not the direction that the board wanted to take. It would certainly stop this process that we are in right now and delay things. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Got a question then. And maybe also for Legal. Is there a way to allow just the road to be built, city services to be extended and we don't require walkways and landscape buffer, but in some form of a deferral that if any of the properties that we now connect with to the north develop that that automatically triggers they have got to go in and build the sidewalks to connect? Are we reaching too far? Nary: Mr. Mayor, Members of Council, Council Member Overton, yeah, I mean it's just the mechanics of doing that. You know, there is -- I mean I'm just looking at an aerial map of the area and there is significant amount of land north of this property. So, I don't know what -- what or when something is going to connect to it. So, I think that's the concern is you have got 20 acres with this gap that's -- that may remain in the ownership of Cole Valley and not get developed for ten years and the immediate parcel to the north of that gets developed two years from now and, then, you have this gap. I'm not worried -- I'm not worried about the landscaping. I know we have dealt with landscaping on other occasions. We have bonded for landscaping, because it's the winter, it's not available or whatever. So, we have -- the landscaping I don't think is a big hurdle. It's -- it's the sidewalk and I think what I heard Ms. Van Ocker say the concern was -- is there a concern in accessing the property with a driveway access for farm vehicles? Is that the concern? Meridian City Council July 11,2023 Page 29 of 40 Van Ocker: Correct. Nary: Yeah. Van Ocker: And just everything associated with an agricultural use and, you know, he will still be irrigating this 20 acres off of a ditch, you know, and now water is running all over the place that we can't control. I mean it -- I think it kind of snowballs on us a little bit. The landscape I completely agree. If there was a way that that could be bonded for later, it -- I just think that it would be very very difficult to maintain and it's a -- Nary: Mr. Mayor, Members of the Council, I -- I don't know if Sonya can think of a solution with ACHD. I know they have done trust for sidewalks and bridges and things like that, but I don't -- and I don't know if the trigger, like Councilman Overton comes up, is something we can deal with from a development agreement standpoint. I mean we can put the words in, but somebody still has to go back and tell somebody go build a sidewalk and get it done, because the property to the north wants to develop now. Allen: Mr. Mayor, Members of the Council, I did have a chance to review the ACHD report and it does require half plus 12 of the street extensions, along with curb, gutter and sidewalk. I'm not sure if ACHD -- they may be amenable to accepting some kind of surety or bond for those improvements. That would be something that the applicant would have to work out with ACHD. You know, I know the city in the past has handled these kind of situations through -- through development agreement, either deferral of the improvements -- I know at times the Council has not required the landscaping within the street buffer, but has required the sidewalk, especially near schools, for safe -- safe access to schools. Another option might be a temporary asphalt pathway. Simison: That's what I was just going to suggest. We did that at the intersection of Victory and Locust Grove and I'm just hopeful that they -- to pulling out that assault pathway and put in sidewalks, because it was -- but it -- it's met a need and doesn't have the same impacts. You know, just -- if it would -- could be a temporary asphalt pathway next to the curb and, then, replace eventually with a -- something else in the future when property is developed. But that's what -- again what they -- it sounds like that's a -- those are ACHD conversations. If Council is okay with that type of a consideration. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Good conversation. Short of us staring at each other trying to figure this out, it seems like a discussion of legal staff and the applicant and ACHD needs to have and to articulate what that would look like. Simison: Or to go back with their board. Meridian City Council July 11,2023 Page 30 of 40 Borton: I mean -- I mean we are -- we are -- this is -- this is really extremely unique in the sense -- I think annexing property without, you know, design and a plat and anything that indicates what's going to be on this northern parcel. That's not very common. I understand the ask, but -- Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, I -- I guess in the same conversation, Councilman Borton, I mean I know what the Planning and Zoning Commission wrestled with a lot on this was the timing and I -- I don't know what the timing for Cole Valley is for this, because technically they are -- they are asking for an approval tonight and I don't know how long the property boundary adjustment is going to take to -- to get finalized, but nothing's going to happen until that happens for the city. So, we won't be annexing it, we won't be signing a development agreement. So, since there is a built-in delay, but that's still having to happen, you -- in my opinion you don't have to approve anything tonight. We can maybe get some of the answers to these questions before we bring it back In a month or so with a better answer to the access issue and the available -- use of that, because in my opinion -- I mean the -- the property north of this with two large schools out in this area are going to be ripe for someone to want to develop it at some point in the next three to five years. So, I mean this is really going to come up soon and we could maybe come up with a solution between now and a month from now, but I don't know the timing that Cole Valley has. Van Ocker: Mr. Mayor, Members of the Council, we would prefer that you act on this application tonight and if that means, you know, requiring us to do what ACHD is requiring us to do on these roadways, we would prefer to move forward. I would rather approach ACHD with your approval if there is some other option on the sidewalk, for example, rather than waiting for them. It took us a long time to get to this point with ACHD and I would not want to necessarily revisit that and delay your decision this evening. Simison: Okay. So, Council? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. And -- and to Amber's point, I -- I can see why they want to move forward, but I'm just trying to think is there a way we can craft this that says, hey, we are okay with a temporary path and -- and -- and if -- if ACHD agrees to it, that's fine, or if there is something -- whatever ACHD gives to them we are fine with that. But I don't know how you -- how you craft that saying, yes, at a certain point in time we want landscaping, we want sidewalk, but if ACHD is willing to waive or alter or delay those types of things, then, we would be fine with that. So, I don't know, Mr. Nary, if there is a Meridian City Council July 11,2023 Page 31 of 40 way to say, hey, if they required it at all, that's what's going to happen, but if they do something different we can -- we can go along with that. Nary: So, Mr. -- Mr. Mayor, Members of the Council, Council Member Hoaglun, I think our -- our standard condition is to follow all the requirements of ACHD. So, if they do work out with ACHD a temporary, a bond, something else, all our conditions is require us to meet whatever they require. Same thing with the landscape and we always require landscaping, we do allow for bonding for periods of time to not put it in and they usually work that out at the staff level. So, I -- I think the standard conditions I think are applicable -- are adequate, but -- Allen: Mr. Mayor, if I could chime in on that. There -- there is no standard condition that says to comply with ACHD requirements. Maybe there should be, but there is not. They kind of -- I think the -- I think the most restrictive applies between the two agencies and -- and along with the -- the development improvements for the -- for the entire site, those are required with development, unless otherwise specified in the development agreement. So, if it is your wish to allow those improvements to be deferred, please -- please state that in your mention -- or in your motion and we will include that in the development agreement, just to ensure there is no issues down the line. Thank you. Nary: Yeah. Mr. Mayor, I simply -- if we are going to add that, I would simply say that it will allow the -- allow for the applicant and the city and other agencies to work on any potential deferral -- deferrals or alternates and comply with those requirements. So, that way we don't know what they are going to be, we don't know what it is, but we just want to make sure -- whatever either we allow or the ACHD allows that they are required to do that. Hoaglun: Mr. Mayor, I guess -- Simison: Councilman Hoaglun. Hoaglun: -- find out from Amber -- or are we -- are we good with that approach from your perspective? Van Ocker: Yeah. We would agree to that. Hoaglun: Okay. Simison: Then do I have a motion to close the public hearing? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing on H-2023-0011. Meridian City Council July 11,2023 Page 32 of 40 Borton: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: I didn't want to make the motion to close public hearing, because usually, then, you follow up with a motion and I don't think my notes are good enough to capture everything on this thing, but -- Simison: Does that mean I get to make the motion tonight? Oh, I can't. Hoaglun: Only if we tie. There is four of us. I don't think there is going to be a tie, Mayor. Simison: That's breaking the -- but I was like making the motion -- one of these days I'm going to make a motion. Hoaglun: Well, let me -- let me give it a go. Simison: Councilman Hoaglun. Hoaglun: Certainly we have done this before, we can -- we -- we work through it and -- and make it happen, so -- well, Mr. Mayor, after considering all staff, applicant and public testimony, I move to approve File No. H-2023-0011 as presented in the staff report for the hearing date of July 11th, 2023, and that would also include that the issue of the final approval of the property boundary adjustments required prior to Council approval of the annexation ordinance as we discussed for the DA. It would also include that -- and I haven't formulated my thought on how to -- how to word this. But the fact that we are willing to waive the develop -- the inclusion -- or the construction of sidewalk and landscaping until such time the northern property is developed, but, however, will -- will -- applicant will comply with all ACHD requirements for that street and sidewalk and other amenities as -- as they require. That was a hard way -- bad way of saying it, but I think you understand my gist. So, what else am I missing? Overton: Does the maker of the motion wish to add allowing the black coated chain link fence north, south and east? Hoaglun: Oh, yes. Thank you, Councilman Overtone. I did. That it also be allowed to include the black chain link fencing around the north, east and west portions of the property as they have indicated in their application. Overton: Second. Meridian City Council July 11,2023 Page 33 of 40 Allen: Mr. Mayor, clarification of the motion, please. Simison: Motion and a second and staff for question. Allen: Did you intend to not require a fence as proposed by the applicant along McMillan Road, the split rail fence? As is they have proposed it, so it's a requirement and if you are okay with removal of that we can allow for that. If not, it can -- it can stay. Thanks. Hoaglun: I'm on the fence about that one though. I mean, you know, I -- you know, it's -- I don't know what's going to develop out front. I mean they do have one portion of it that's going to be at the corner there of Ersatz. Everything else, if that's developed or stays in that farm property, it's not going to be seen, but if they proposed it and -- and want to continue with fencing, then, it would be required. How is that for getting around things? Yeah. Getting that look from Tonya, so -- Sonya. So, anyway, I don't know, Council, what -- let's -- let's have a little discussion about that, because I -- I really am -- I -- I -- I don't -- there is part of me that says, hey, this is what we are doing in The Fields district, we are trying to create this atmosphere, if you will. So, why not -- they are going to be part of that community of the -- what we call The Fields district, so let's try and -- try to blend that in or tie them in with the signage and everything else that's doing. So, that's kind of where part of me falls into, it's -- it's not going to be as expensive I think as chain link. I don't know. But, Council Members, what -- Strider: Mr. Mayor? Simison: Council Woman Strader. Strader: I think if we are going to require something we should just try to make it cohesive. I'm like concerned that we are going to just require a split rail fencing, but we are going to get like four different versions of it in The Fields district and it's not all going to look the same. So, I just think whatever we do, if we do it it should all be like really specific. I'm -- I'm -- I'm -- I have a different concern, which is I'm just -- I -- I keep getting hung up that we are not -- we are open to not requiring like the sidewalk and the roadway improvements if ACHD basically agrees to some alternative. Like I'm okay putting the landscaping I think in -- in a bond or something like that. But I'm kind of struggling with like the school has the ability to subdivide the property and they are choosing not to and that is within their control, then, to avoid those improvements. So, just sort of having a hard time being open to making an exception. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Members of the Council. I would suggest, instead of the word waive, which always has a really bad connotation, is that we just allow deferral and deferral is done fairly often, but it's not deferral for ten years generally, it's going to be a deferral for a Meridian City Council July 11,2023 Page 34 of 40 period of time, but I think that's what the tenor of the conversation was more of a deferral to a future point. I think the concern we have that I don't have an answer for is when the immediate property to the north begins to develop and this one hasn't, you are going to want a sidewalk to connect it and so it's -- it's going to have to get done. So, don't know how the deferral works with ACHD, but we could work through that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: On the agreement of the second on that I would like to substitute deferral for waiver. That is a much better word. Overton: And second agrees. Hoaglun: Not going to waive it in perpetuity, we are just deferring them doing it at this point in time. Simison: Motion maker and the second agree, so we will do so. You know, I know you didn't ask for my opinion on the fence, but it's not required and that's where I'm like -- there is no reference requirement ever on a property and so I don't know how we -- why would we require a fence. I understand that if they want to build it, meet -- meet the areas, but there is -- should there be a requirement? We don't require people to fence subdivisions, do we? Just a perimeter. So, I guess if that was to become something else it would require to be fenced in that manner, but if it's not that's going to be a real interesting -- when we -- you might have to rethink if split rail is what we are going for. I just don't see homeowners wanting split rail fences in their yards. But that's just me. Allen: Mr. Mayor? Simison: Yes, Sonya. Allen: Not to correct Mr. Nary, but we do not require perimeter fencing around subdivisions. We do require fencing around common open space areas to delineate private from common areas. Before your motion is done would you please clarify -- I heard you say waive and not defer. I wasn't sure if you were referring to the fencing -- the split rail fencing or the landscape buffer along the northern portion of the future development area. Hoaglun: Mr. Mayor, Sonya, it was related to the sidewalk and landscaping to the -- Allen: You want to waive that requirement? Hoaglun: No. That is deferred. I wanted to substitute the word deferral -- according to -- you know, Mr. Nary had a better alternative. Instead of waive it was deferred, so -- and the second agrees, so we are good. And as to the fencing, yeah, I keep going back Meridian City Council July 11,2023 Page 35 of 40 and forth on that. So, I -- I -- I would not include requiring fence -- the split rail fencing in in my motion. Overton: Second would agree. Hoaglun: Okay. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The clarification on the -- when the reference is made for a deferral of the landscape buffer and the sidewalk on the property to the north, until that develops, are you talking about the -- the 23 acre northern portion of this application when that develops or the property north of this entire annexed area? What do you mean by property to the north? Hoaglun: And -- and Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Councilman Borton, my -- my motion would be for the property that is under their control. The sticking point I have is -- and if we do talk -- and I know that's an idea that, okay, if something across the road develops and, then, that would trigger their -- their effort, but what -- what does develop mean and how many? Is it, you know, three homes that decide to build right away. Usually it's going to be a big development, if -- and -- and when does -- once those -- when they start building does that trigger it? It does -- as Mr. Nary pointed out, you know, it gets a little sticky in there. You know, how do you define this, how do you do that? We do want schools to be walkable. So, if people are living there to the north we want to have that access point -- a safe access point. If there is a way to come up with what does that trigger, what does that development mean, at what point in time, that, then, they have to -- to move forward and I -- I'm -- I'm fine with that, because I get that aspect of it and it is a safety issue, so -- but originally, Mr. Borton, I -- I -- I was thinking of just that particular property, because they might sell that to a developer who wants the develop it right away, they can put in the sidewalk. That's going to be part of the requirement, so -- Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I apologize, I'm just -- I'm not tracking. Does the phrase property to the north mean the 23 acres that is part of today's annexation or does it mean something outside of today? Meridian City Council July 11,2023 Page 36 of 40 Hoaglun: Mr. Mayor and Councilman Borton, my -- my motion was with the 23 acres in -- Borton: Okay. Got it. Okay Thanks. Hoaglun: And I'm open to -- if -- if someone wants to say, hey, no, if we define it this way, if we want -- if something could cross the road -- well, it's going nowhere right now. If there is development that starts occurring that would be the trigger to have -- require them to do that -- that -- that would be fine, but how do we -- how do we do that gets a little murky in my mind, so -- we can only control this particular area in this application. Allen: Mr. Mayor? Simison: Yes, Sonya. Allen: Councilman Hoaglun. Yeah. There is -- unless you require a surety to be submitted for those improvements there is -- there is no way for us to go and get them later if the property to the north of the subject property develops and we typically aren't in the -- in the habit of holding surety for extended periods of time. So, I -- I would recommend if you want those improvements to be constructed at this time that you require them. A possible solution for farm access to the property would be to leave a driveway open, so they wouldn't be destroying the sidewalk and, then, when that northern portion of the subject property redevelops and they could complete that section that's missing. Just a suggestion. Thank you. And the property to the north, just an added thing, I shouldn't say to the north, but the northern portion of the property is -- I believe it's a 19 acre site. Nineteen -- Borten: We can't hear you. Strader: We can't hear you. Allen: Sorry. The northern portion of this property, just for clarification of the record, is 19.6 acres. The approximate 23 acre reference actually included that southern future development portion. So, I just wanted to clarify that. Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I'm -- I'm -- I'm comfortable certainly with the approval of motion and for me I hear this portion -- the condition of approval state that the -- the sidewalk and landscaping improvement on this 19'ish acres within the subject parcel, the northern part, can be deferred until the earlier of the development of this 19 acres, which is the northern part of the subject process -- property or the development of the property immediately adjacent on the northern portion of this subject property and that staff create and articulate some condition that ensures when either of those two events -- the Meridian City Council July 11,2023 Page 37 of 40 first of those two events were to occur that this applicant's obligation that has been deferred is triggered and if a driveway is an interim -- a driveway into that northern portion of this subject property is an interim remedy to allow that to occur, seems wholly appropriate. Allen: Mr. Mayor? Simison: Yes, Sonya. Allen: Unless we require a surety for those improvements there is no way that we can get those in the future. Nary: Mr. Mayor, I was going to -- Allen: The abutting property to the north developing. Nary: Yeah. The only way that we could trigger us to be able to enforce that would be require a surety bond for that -- those improvements and put those two conditions. Allen: And -- and like I stated there, we typically don't hold sureties for an extended period of time. Nary: It's normally a year and -- but we never know. But I mean we don't like to hold them for much longer than a year. Allen: I think ACHD -- I think this was mentioned earlier -- may be able to do it through a road trust or something similar, but I can't speak for them, so -- like the sidewalk, for instance. Borton: Mr. Mayor, I don't know -- I don't know how else -- yeah. I don't know how else you proceed on this without solving that problem and if it's something that can't be done we are back to the start of this in my mind. Simison: Yeah. I think this goes back to the question about taking two weeks to go and try to solve these issues. They don't seem -- I know they don't seem little, but they are big, but they are and time to get this right is very important to the city, it's very important to the school and I would hate for us to say one thing and think we got it and who knows what type of obligations or challenges we have put on somebody somewhere through this process. I -- I don't think we are far off. I think it's just work -- it doesn't work well trying to solve things from the dais when you really need to work with another agency to get a solution. But we do have a motion. Hoaglun: Mr. Mayor? Simison: I'm just not sure where the motion would go based on -- or where the votes will fall on -- on the motion. Meridian City Council July 11,2023 Page 38 of 40 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I like Councilman Borton's discussion points of earlier of development -- the northern portion -- earlier development of the 19 -- whatever is earlier, the development of the 19.6 acres or development to the adjacent northern property, a deferral is triggered, but I guess it does come down to, you know, that road trust. If they are able to do the road trust that we can require that, but that's what we don't know if that's doable. Now, how long will ACHD take to discuss that, is that a staff level discussion where they can have that and go, yes, we would accept a road trust and do that and -- but I will stop talking and see what we might have for solution wise. Allen: Mr. Mayor, Council, the applicant just relayed to me that the school is willing to go ahead and construct the -- the sidewalk and the buffer on the northern portion of the subject property. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I -- I would strike from my motion any -- any reference or requirement regarding any deferral, waiver or other items related to the landscaping and sidewalk requirement for that northern 19.6 acres. Overton: Second agrees. Simison: Second agrees. Is there further discussion on the motion? Allen: Mr. Mayor, sorry, another clarification, please. Simison: Sonya. Allen: I don't believe we ever got a final answer on the split rail fencing along McMillan Road, whether that's required or if you were leaving it open for the applicant to not do it if they don't wish to. Hoaglun: We can leave it open to the applicant to -- to do it or -- or not. We are not going to require -- we will not require it from the city. Allen: Thank you. Simison: That's part of the motion. Does the second agree? Overton: Second agrees. Meridian City Council July 11,2023 Page 39 of 40 Simison: So, there we have our -- you want to repeat the entire -- I'm kidding. Is there further discussion or questions for clarification from Council or staff? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Congratulations and we look forward to seeing it move forward. MOTION CARRIED: FOUR AYES. TWO ABSENT. 4. Public Hearing 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. Simison: With that move on to Item 4. Do we need to open this or a motion to satisfy -- Nary: A motion satisfies. Simison: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just for the record, the developer -- the applicant in this case Costco Development, under H-2023-0007, has requested and sent a letter requesting withdrawal of this application for the development agreement modification and I -- I just wanted to note in the letter that they sent for the request I -- I thought they -- they heard the neighbors, they understood the issue and -- and we appreciate that willingness to not only withdraw the -- the application based on the testimony, but also they have -- they have committed in this letter to enact the following operational improvements at the site, just to read into the record, that no trucks will be allowed to travel behind the Costco store, except emergency vehicles and public service vehicles. Wayfinding signs will be installed to guide trucks to the approved delivery route. Education reinforcement Meridian City Council July 11,2023 Page 40 of 40 of required truck routes will be provided to the drivers and Costco will work with city staff to replace the small load truck sign at North Ten Mile Road and West Lost Rapids Drive with a larger more conspicuous sign. So, just -- my motion just to make sure that is into the record and -- and that we do appreciate that effort and -- and being good neighbors for that -- for that area. So, I make that motion that the withdrawal be granted. Overton: Second. Simison: Have a motion and a second to withdraw the application. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the application has been withdrawn. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS EXECUTIVE SESSION 5. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Simison: Council, anything under future meeting topics or do we have a -- do we need to vacate Item 5? Hoaglun: Mr. Mayor, I move that we vacate Item 5. Overton: Second. Simison: Have a motion and second to vacate Item 5. Is there any discussion? If not, all in favor signify by saying aye Opposed nay? The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: And we are at the last item on the agenda. Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying Aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOURAYES. TWOABSENT. MEETING ADJOURNED AT 8.00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7-25-2023 MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON - CITY CLERK Item 13 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PROCLAMATION Page 4 C��_ WE N DIAN** � D� � O The Office of the Nayor P Pv 0 C .E .A A .A T1 0 JV Whereas, being an Owyhee High School Baseball player is more than making pitching, fielding, hitting, and achieving state titles. It is training to build leadership, character, confidence, teamwork and resilience—all traits needed to succeed on the field, in the classroom and in the real world; and, Whereas, the hard work and dedication of the Owyhee Storm Baseball team and coaches has resulted in the second-year program as back to back 5A baseball state champions; and, Whereas, The Storm completed the regular season with a record of 11-1 in conference and 19-2 overall; and, Whereas, the Storm Baseball finished the season with a 23-4 record and clinched their second straight Idaho 5A baseball state title by taking a 5-2 win in the Championship game proving the team was in it to win it; and, Whereas, the leadership, training and discipline of their coaches Russ Wright, Colin Domene, Steve Rohlmeier, Chase Hernandez, Brooks Juhasz, Justin Hallenbeck, Adrein Malinke, Justin Clark,Nate Maggi, Cam Hueckman, Jake Dewey, Joey Zannitto, Zack Holm helped team members Jack Johnson, Bryson Rhodus, Easton Price, Carter Stephenson, Lucas Skinner, Ryan Burbank, Gage Haws, Jack Ryan, Hunter Mahaffey, Baylor Haylett, Kaleb Doty, Jake Curl, Nate Keith, Cooper Carlson, Nick Mcdaniel, Cade Walker, Ryder Cutlip, Xavier Mcghee, Cody Freed, Drew Schumacher, Keagan Kelly, Cole Rohlmeier to focus their talents, passion, and determination to become a winning team, with each player making valuable contributions to their victory. Therefore, I Mayor Robert E. Simison, hereby proclaim July 1 lth, 2023 as Owyhee High SchooC Base baCC State Champions Day in the City of Meridian and call upon the community to join me in congratulating the Owyhee High Storm on their remarkable athletic achievement and for esenting Meridian so proudly in the state tournament. Dated this this.11 th day of July, 2023 R ert E. i -son, Mayor Brad Hoag un, City Council President Joe Borton, City Council Vice-President l Luke Cavener, City Council j Jessica Perrault, City Council Liz Strader, City Council John Overton, City Council E IDIAN —_ IiAHO The office of the Mayor P Pv 0 CIA M A frl 0 X Whereas, being an Owyhee High School Baseball player is more than making pitching, fielding, hitting, and achieving state titles. It is training to build leadership, character, confidence, teamwork and resilience— all traits needed to succeed on the field, in the classroom and in the real world; and, Whereas, the hard work and dedication of the Owyhee Storm Baseball team and coaches has resulted in the second-year program as back to back 5A baseball state champions; and, Whereas, The Storm completed the regular season with a record of 11-1 in conference and 19-2 overall; and, Whereas, the Storm Baseball finished the season with a 23-4 record and clinched their second straight Idaho 5A baseball state title by taking a 5-2 win in the Championship game proving the team was in it to win it; and, Whereas, the leadership, training and discipline of their coaches helped all team members to focus their talents, passion, and determination to become a winning team, with each player making valuable contributions to their victory. Therefore, I Mayor Robert E. Simison, hereby proclaim July 11", 2023 as Owyhee Hi h SchooCBasebaCC Stae CFiamyu t ms Day in the City of Meridian and call upon the community to join me in congratulating the Owyhee High Storm on their remarkable athletic achievement and for representing Meridian so proudly in the state tournament. Dated this this 11 th day of July, 2023 *bert i 'son, Mayor Brad Hoaglun, City Council President Joe Barton, City Council Vice-President Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council John Overton, City Council a - is �. I x �1 T� a. �� � _a � s ✓ - ��_ E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGWIN SHEET Date : July 11 , 2023 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum : • DO NOT : o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit (you may be interrupted if your topic is deemed is for this forum ) Name ( please print ) Brief Description of Discussion Topic N0 One E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda:  Item #4: Costco Development (H-2023-0007) – Applicant requests withdrawal of application. Item #2: Julia Subdivision (H-2023-0003) Application(s):  Annexation & Zoning  Preliminary Plat Size of property, existing zoning, and location: This site is an enclave consisting of 2.77 acres of land, zoned RUT in Ada County, located on the west side of N. Black Cat Rd., midway between Ustick Rd. & Cherry Ln. at 2435 N. Black Cat Rd. History: NA Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) Summary of Request: The Applicant proposes to annex 2.77 acres of land with an R-8 zoning district for the development of 10 SFR detached homes at a gross density of 3.61 units/acre consistent with the MDR FLUM designation. A preliminary plat is proposed consisting of 10 buildable lots & 5 common lots on 2.77 acres of land. Proposed buildable lots range in size from 4,151 s.f. to 12,671 s.f. 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 Rd. for the existing home that are proposed to be removed; access will be provided via the extension of Julia Ave. at the northern boundary of the site. Another driveway exists for irrigation district access that will remain. A 25’ buffer is required along Black Cat Rd., which is listed in the CIP to be widened from 2-lanes to 3-5 lanes between 2031 and 2035. Because the site is below 5-acres in size, common open space & site amenities are not required. However, the Applicant is proposing 0.59-acre of 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 is open on the subject property along the southern boundary of the site and is required to be piped with development. The drain lies within a 100’ wide easement – 50’ each side measured from centerline. All of the lots along western & southern boundaries of the site encroach within this easement. NMID has stated they will consider encroachments within the outer 20’ 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. The UDC requires irrigation easements wider than 10’ to be included in a common lot that is a minimum of 20’ 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’. 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. Several conceptual building elevations of 1-story homes with a bonus room over the garage were submitted as shown. Building materials consist of a variety of siding, some with stone/brick veneer accents. As a provision of the DA, Staff recommends all homes include brick/stone veneer accents on the street-facing elevations. The existing home is proposed to be renovated and re-oriented to take access from the internal street rather than Black Cat Rd.; a new 2-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 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. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Bruce Hessing, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): None Key Issue(s) of Discussion by Commission: Commission was in general support of the proposed infill project. Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: The Applicant requests Council approval for the irrigation district easement for the Sky Pilot Drain to be located on building and common lots rather than a separate common lot, as allowed by UDC 11-3A-6E with Council approval. Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0003, as presented in the staff report for the hearing date of July 11, 2023: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0003, as presented during the hearing on July 11, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0003 to the hearing date of _________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #3: Cole Valley Christian School Pre-K-12 (H-2023-0011) Application(s):  Annexation & Zoning  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 71.28 acres of land, zoned RUT in Ada County, located at 7080 W. McMillan Rd., on the north side of W. McMillan Rd., ¼ mile west of N. McDermott Rd. History: A PBA has been tentatively approved by Ada County for this property for a land swap with the adjacent property owner at the SWC of the site, which will allow for the extension of Owyhee Storm Ave. along the project’s west boundary; final approval of the PBA is required prior to Council approval of the annexation ordinance. Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) with a school designation. This site is within the area governed by the Fields Sub-Area Plan. Summary of Request: Annexation and Zoning of 71.28 acres of land with an R-15 (MHDR) zoning district. The Applicant proposes to develop 48.48-acres of the site with a private education institution in accord with the FLUM in the Comprehensive Plan; the remaining 23+/- acre portions of the site at the north & south boundaries is anticipated to be used for future expansion of the school – the property will be used for agricultural purposes in the interim. Because the R-8 zoning district is the most appropriate district for the MDR FLUM designation and accommodates the proposed use, Staff recommends an R-8 instead of the proposed R-15 zoning district for the subject property, which the applicant is in agreement with. A CUP is proposed for a private education institution on 48.48 acres of land. The use requires CUP approval because it exceeds 250,000 s.f. within a residential district (at 259,919+ s.f.); includes lighted fields adjoining/within a residential district; will generate in excess of 1,500 vehicular trips per day (at 4,132); 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. Cole Valley currently has two existing campuses that will be relocated and consolidated into one 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. The new facility will serve 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; 4 future portable classrooms are also planned on the site totaling another 8,400 s.f. Development of the school site will likely occur in two phases as shown on the revised phasing plan but may occur in one. If phased, Phase 1 (the pink areas on the plan) is proposed to consist of all of the outside athletic venues except the tennis courts, a portion of the southeast parking lot, public restroom outbuilding, partial construction of Ersatz Rd., partial extension of Owyhee Storm Ave., and the adjustment and piping of the Creason Lateral. Phase 2 (the blue areas on the plan) is proposed to consist of building construction, remaining site development of parking lots, access points, play structures, extension of streets (Owyhee Storm & Ersatz) to the northern boundary of the subject property as ½ + 12’ street sections as required by ACHD, and public utility connections. The gray areas on the plan are future development areas for the school, which will be farmed in the interim. The Applicant requests Council approval to not construct the sidewalks and street buffers along streets (McMillan, Ersatz & Owyhee Storm) on the future development areas until such time as they develop since they will be farmed in the interim and damage to those improvements would likely occur. Two (2) accesses are proposed via Owyhee Storm Ave. & (2) are proposed via Ersatz Place Rd.; no access is proposed or allowed via W. McMillan Rd. Off-street parking is depicted on the site plan in excess of the minimum standards. A minimum of 742 spaces are required at full build-out, including the possible classroom additions to the building & portable classrooms; a total of 843 spaces are proposed resulting in 101 extra spaces overall. A 10’ 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’ wide detached sidewalks are proposed along W. McMillan & Ersatz Roads. Because ACHD is changing policy to require 10’ wide multiple-use pathways along arterial streets 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’ wide multi-use pathway is required along McMillan as a provision of the DA. All utilities, except for City sewer, are available to the site or in close proximity. Sewer will be provided from the Can-Ada Lift Station, which 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 project. The school will need to extend sewer down McMillan Rd. & 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 & restroom buildings only, which shall be taken off-line as part of the construction of the school. Building elevations were submitted as shown for the proposed 2-story school building. Building materials consist of a combination of smooth-face & split-face masonry in two colors and deep ribbed & smooth metal with large expansions of glazing, which should be low maintenance. Raised parapets are proposed for modulation and screening of rooftop mechanical equipment. Because the property is located within the area governed by the Fields Sub-Area Plan, the general character, design & identity of development within this area is required to have a cohesive “modern rural” design theme. Because the proposed school doesn’t front on McMillan and isn’t oriented toward Owyhee Storm, and because it’s not residential or retail/commercial, Staff doesn’t 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. as outlined in the Plan. 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 accord with the Plan. 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. The Applicant has submitted details on fencing which propose a split rail fence along the south property line adjacent to McMillan Rd. & along the “Bentley” out-parcel; and black coated chain link fencing along the east, west and north property lines for security & safety of the students – Council should determine if the chain link fencing is appropriate in this area. Details on signage, public art and other “modern rural” design themed items have not been submitted as recommended by Staff prior to the Council hearing as they haven’t yet worked out the interior design theme yet. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Amber Van Ocker, LKV Architects (Applicant’s Representative); Sonia Daleiden, Kittleson & Assoc.; Wayne Thowless, LKV Architects ii. In opposition: None iii. Commenting: Patrick Nichols iv. Written testimony: Amber Van Ocker, Applicant’s Representative v. Key Issue(s): Key Issue(s) of Discussion by Commission: i. 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. ii. Concerns pertaining to traffic and existing congestion in this area and impacts from the proposed development. Commission Change(s) to Staff Recommendation: i. At Staff’s request, include a clarification to DA provision #A.1.1d in Section IX that all street buffers adjacent to public streets (i.e. McMillan, Owyhee Storm & Ersatz) also be constructed by the Applicant, unless already constructed by ITD, prior to issuance of Certificate of Occupancy for the high school building. ii. Commission required the McMillan Rd. improvements and the extension of Owyhee Storm Ave. and Ersatz to the northern parcel boundary to be completed either by the Applicant or ITD, as applicable, prior to issuance of Certificate of Occupancy for the high school building in the second phase of development (see Section IX.A.1.1c). Outstanding Issue(s) for City Council:  Council should determine if the proposed black coated chain-link fencing is appropriate in the Fields Sub-Area;  The Applicant requests the ability to work with Staff further in the future on signage, public art, and other “modern rural” designed themed items for this site in accord with the Fields Sub-area Plan. Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0011, as presented in the staff report for the hearing date of July 11, 2023: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0011, as presented during the hearing on July 11, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0011 to the hearing date of ________ for the following reason(s): (You should state specific reason(s) for continuance.) Planning and Zoning Commission Meeting July 11, 2023 Item #2: AERIAL MAPZONING MAP 0003-2023-Annexation & Preliminary Plat HJulia Subdivision Annexation ExhibitPreliminary Plat Common Driveway ExhibitLandscape Plan Conceptual Building Elevations Item #3: Cole Valley Christian School Pre AERIAL MAPZONING MAPFUTURE LAND USE MAP Annexation & Combined Preliminary/Final PlatK through 12- Annexation Exhibit Site Plan w/Revised Phasing PlanLandscape Plan Landscape Plan Fencing & Landscape Details Conceptual Building Elevations W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing 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 : July 11 , 2023 ITEM # ON AGENDA : 2 PROJECT NAME : Julia Subdivision ( W2023 - 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 t ►� 2oIL4 S 71)e 0 k(aq � L) V 3 4 5 No OAQ� 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT 1,H p HEARING July 11,2023 Legend DATE: 0 TO: Mayor&City Council lei Project Luca ton FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Julia Subdivision—AZ,PP H-2023-0003 LOCATION: 2435 N. Black Cat Rd.,in the NE 1/4 of � Section 4,T.3N.,R.1W. (Parcel - #51204141840) 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 • 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 6/25/2023 Radius notification mailed to property owners within 300 feet 4/28/2023 6/23/2023 Public hearing notice sign posted 5/5/2023 06/27/2023 on site Nextdoor posting 4/28/2023 6/23/2023 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 stone/brick 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. B. The Meridian Planning&Zoning Commission heard these items on May 18r'(continued) and June 15,2023. At the public hearing on June 15t'',the Commission moved to recommend qpproval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Bruce Hessing,Applicant 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. Ke. ids)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. Commission was in general support of the proposed infill project. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. The Applicant requests Council approval for the irrigation district easement for the Sky Pilot Drain to be located on building and common lots rather than a separate common lot,as allowed by UDC 11-3A-6E with Council approval. Page 9 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map IHMHengineering Julia Subdivision Leal De 5cri ption A porreiofla nd,siutot6 0 the SWihreosr 114 of ere WrthemrV4 SecrOrt 4, TownsWp3 North,Flame I West.&arse Meri&04 Ada Cowl ty,Idaho,5eing m4weperr#rcu"dirFro R.Orm foiPow€- OEGINNIF#G East 1/4 Comer of Section 4,thence alorq the nortlrerlF b4urjqlary of theTurnbprq Subdivision Na.1r rer=orded in book 77 of plats DEL pdges 801Z-3013, North RV22147"West 243.00 fm to she emw&*boundary of Trlela's Crasslrig,rem rdad in tioo4c 90 of plats at page=s 10615-IN17, manamo-rated by d found 5/1-irK+pin,5*f cjpp Wrgpad PUS 575 Thence along said aslerly h*urrd0ryr Nor;h 57'58'Q 1"Wva,5%.12 fe+etto the southerly boundary pf Tricia's Subdlvl€Ian No.Z reocrded in book U of plats at pago 1.485-9186,manwnemed by a found 518�inch pin with plasilc cap stampe d"hLS2?32'; Thence along sold 5imthc rly boa radar V. Sou di 89-18'48-East,675_OD feel to the easterly boun dary of Section 4.- Thence 60ong said east a rly boundary,South a0'37'59'WP-GL 263.01 lee t to thi-POINT 0;df G INNING. Cont,alnJng 2_774 sues,mare w Iew The BASIS OF 9EARING-5 for this sorwey is betwwn the north 1/16 CDmar&Sfeticn 8 rnanumfinted wlth a 518-mrh pin anrd surmounted wl'h a plas.K cap marked"PL57732",and the Easy V4 corner of Section 4mor►umanted asdpsrrihmf in GgrnerR"grd Iriorurrw!m Nc.Ual51375,bearingSouth 00'37'59-West, 025.62 fret_ Prepared by. Ronald PA,Hodge,PLS 5Urwey DePa rtrnent Manapr p P 8 575 680 5.Progress AVc„Suite V29 • Meridian,Idat+o 81542+Tel;206-342.7957■Wtb:frmh•Ile.com E,q.ucd QAFvrtwWy Employer 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 I I"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://weblink.meridianciU.orglWebLinkIDocView.aspx?id=294318&dbid=0&repo=MeridianCiU&cr =1 D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org/WebLink/Doc View.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/Doc View.aspx?id=295064&dbid=0&r0o=Meridian City G. PARK'S DEPARTMENT https://weblink.meridiancioy.o.-glWebLinkIDocView.aspx?id=293049&dbid=0&repo=MeridianCitX H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=293036&dbid=0&repo=Meridian City Page 20 X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds 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; The Commission finds 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; The Commission finds 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 The Commission finds 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. The Commission finds 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) The Commission finds 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; The Commission finds public services can be made available to the subject property 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; The Commission finds 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; The Commission 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 The Commission 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, ef£ 9-15-2005) The Commission 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 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 : July 11 , 2023 ITEM # ON AGENDA : 3 PROJECT NAME : Cole Valley Christian School Pre - 1< 42 ( W2023 - 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 2 Aft) IL 3 4 5 6 7 8 9 10 11 12 13 14 E IDIAN -- STAFF REPORT .►a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING July 11, 2023 Legend DATE: f ILI Project Lorca i�ar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 ; SUBJECT: Cole Valley Christian School—AZ, ' CUP H-2023-0011 LOCATION: 7080 W.McMillan Rd.,in the NE 1/4 of Section 29,Township 4N.,Range 1 W. LL (Parcel#S0429427800) I. PROJECT DESCRIPTION Annexation and Zoning(AZ) of 71.28 acres of land with an R-15 (Medium High-Density Residential) zoning district; and Conditional Use Permit(CUP)for a private education institution for pre- kindergarten through 12th grade on 48.48 acres of land in the R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 71.28-acres Future Land Use Designation Medium Density Residential(MDR)with a school designation Existing Land Use Agricultural Proposed Land Use(s) Private education institution for pre-K through 12'grades Current Zoning RUT in Ada County Proposed Zoning R-15 (Medium High-Density Residential) Phasing Plan 2 phases Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 2/16/23 History(previous approvals) ROS#2713 (1993).A property boundary adjustment has been tentatively approved by Ada County but has not yet received final approval. Page 1 B. Project Area Maps Future Land Use Map Aerial Map Legend htixeU�e Legend _ ff F7. I�Prnje�t Lacai�or. Inte.rc. I f Project Lflco-on MeIlURl ensity' Residential ; Low a nsity Re id ntial j S -- Abe -• ' _ Zoning �I Map Planned Development Map Legend I (fLegend e 3 Project La .f r' IetProjeat Laeafar r_ + i City Lima# — Pian ed Parce-is Rga R-8 RUT ` Rj �. UT R:" � R- R= L,O I4L RUB Note: The configuration of the property shown above does not reflect the property boundary adjustment in process with Ada County; the resulting boundary is consistent with the annexation exhibit map shown in Section HHA below. III. APPLICANT INFORMATION A. Applicant: Amber Van Ocker, LKV Architects 2400 E. Riverwalk,Boise, ID 83706 Page 2 B. Owner: Cole Valley Christian Schools—200 E. Carlton Ave.,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Notice Dates Notice Dates Newspaper Notification 5/3/2023 06/25/2023 Radius notification mailed to 4/28/2023 properties within 300 feet 06/23/2023 Site Posting Date 5/18/2023 6/23/2023 Next Door posting 4/28/2023 06/23/2023 V. COMPREHENSIVE PLAN ANALYSIS Land Use: This property is designated as Medium Density Residential(MDR)on the Future Land Use Map(FLUM) contained in the (Comprehensive Plan). This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. There is also a school designation on this property, which indicates a school should be developed in this general area. The proposed use of the property as a private education institution is consistent with the school designation depicted on the FLUM. Although dwelling units are typically desired in the MDR designation,the UDC(Table 11-2A-2)does allow school uses with approval of a conditional use permit. Transportation: The Master Street Map(MSM) depicts a north/south residential collector street along the west boundary of this site. The Applicant has negotiated a land swap with the property owner at the southwest corner of this site to obtain the property necessary to complete the extension of Owyhee Storm Ave. to the school property. A local street(Ersatz Place Road)is proposed along the east boundary of the site that extends off-site from McMillan Rd.to the north that will provide access to the properties fronting on future SH-16. A Traffic Impact Study(TIS)was submitted to ITD and ACHD for review of this project. Design: This property is located within a four-square mile area governed by the Fields Sub-Area Plan located at the northwest corner of the Area of City Impact boundary. This area is bounded by Ustick Rd. on the south, Can-Ada Rd. on the west, Chinden Blvd./US Highway 20/26 on the north, and McDermott Rd./SH-16 on the east. The Fields area is primarily designated for future residential development,with a mixed-use community center at the southeast corner of Star and McMillan Roads, and multiple school and park sites. Interchange and regional mixed-use designations are incorporated along both Ustick Road and Chinden Boulevard, generally from the SH-16 extension to Star Road. The southwest corner of the Subarea has been reserved for expanded industrial and non-residential mixed-use area within the southwest quadrant, and is aligned with the existing Intermountain Gas Facility, currently located on Can-Ada Road. Page 3 In accord with the Fields Sub-Area Plan,the general character, design and identity of this area should have a cohesive theme that is"modern rural,"which applies to housing, amenities, streetscape/open space, and retail/commercial. Because the proposed school does not front on W.McMillan Rd. and is not oriented toward N. Owyhee Storm Ave. and because it's not residential or retail/commercial, Staff does not recommend the building is required to have a modern rural design theme. However,some of the other thematic design elements that contribute to the desired character of the area should be adhered to such as lighting,fencing(e.g. split rail),landscaping(e.g.tall fescues, dry creek materials,wildflowers,street trees,etc.),public art,on-street bike lanes and/or off-street multi- use pathways, signage(e.g. metal roof on sign),etc.—see the Character Framework—Amenities (pg.3-12) and Streetscape(pg.3-13)in the Plan for more information.A high-quality of design is expected in this area. In response to the modern rural design theme,the Applicant proposes to develop some of the areas adjacent to building entrances with dry stream beds with a mix of rock types,boulders and plantings. In the portions of the site that will not be developed with Phase 1, a"meadow seed"mix is proposed to be planted for wild flowers and grass to grow. Detached sidewalks, landscaping and street lights are proposed along all public streets,which will provide pedestrian connectivity to the school from adjacent existing and future neighborhoods in the area.A 10-foot wide sidewalk/pathway is proposed along Owyhee Storm Ave.,which should provide a safe off-street route for school children to bicycle/walk to school; and a 5-foot wide sidewalk is proposed along McMillan Rd. and Ersatz Place Rd. Building materials will consist of a combination of masonry,deep ribbed metal and smooth metal with large expansions of glazing. The ball fields will be fenced from general use by the public; however,those areas help preserve the open space and views from adjacent developments and properties. Fencing and signage designs have not been fully developed yet but the Applicant anticipates incorporating the"modern rural" design theme in those elements at the perimeter of the development.Details of such should be submitted prior to the City Council hearing. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water service is available and can be extended by the developer with development in accord with UDC 11-3A-21. City sewer service will not be available until the Can-Ada lift station project is complete at the end offiscal year 2025. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of this site. • "Ensure development provides safe routes and access to schools,parks, and other community gathering places."(2.02.01 G) Detached sidewalks are proposed adjacent to all public streets, which should assist in providing safe access to the proposed school. The walkway along Owyhee Storm Ave. is proposed to be a 10 feet wide multi-use pathway, which will provide an off-street route for bicyclists. Page 4 • "Ensure the location and design of schools are compatible with existing and planned neighborhoods and land uses."(2.03.01D) The proposed school should be compatible with adjacent existing and future residential uses in the vicinity. VI. STAFF ANALYSIS A. Annexation&Zoning(AZ): The Applicant proposes to annex 71.28 acres of land with an R-15 (Medium-High Density Residential)zoning district for the development of a private education institution for pre- kindergarten through 12t1i grade on approximately 48.48 acres of the site. The remaining 23.4- acres of the site is to be used for agricultural purposes until further development occurs in the future. As discussed above in Section V,the proposed use is desired and consistent with the Comprehensive Plan for this area. There are no existing structures on this site; the property is currently being used for agricultural purposes. The site is within the Area of City Impact(AOCI)boundary at the periphery of the current City limits and is contiguous to City annexed land to the south. Because the R-8 zoning district is the most appropriate district for the MDR FLUM designation, Staff recommends an R-8 instead of R-15 zone for the subject property. A private education institution is listed as an allowed use in the recommended R-8 (and requested R-15)zoning district with approval of a conditional use permit,per UDC Table 11-2A-2, subject to the specific use standards listed in UDC 11-4-3-14. A property boundary adjustment application has been tentatively approved by Ada County Development Services for the reconfiguration of this property as shown in the annexation legal description and exhibit map in Section VIII.A below. Final approval is required to be obtained prior to City Council approval of the annexation ordinance. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure this property develops as proposed and required, Staff recommends a DA with the provisions discussed herein and included in Section IX.A. If the 23.4-acre portion of the site not proposed to develop at this time is proposed to develop with any use(s) other than an education institution and associated accessory uses in the future, Staff recommends an amendment to the Development Agreement is required to include an updated development plan. B. Conditional Use Permit(CUP): A Conditional Use Permit(CUP) is proposed,as required by UDC Table 11-2A-2, for a private education institution in an R-8/R-15 zoning district. The education institution requires CUP approval because it exceeds 250,000 square feet(s.£)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.f.)of gross floor area(259,919 s.f. school building+ 13,425 s.f. storage,maintenance&CTE building), a minimum of 683 parking spaces are required that comply with the standards listed in UDC Table 11-3C-5. If future classroom additions occur as anticipated, an additional 38 parking spaces will be required based on 15,300 square feet of gross floor area. If temporary portable classrooms are added as anticipated, an additional 21 parking spaces will be required based on 8,400 s.f. of gross floor area. The site plan depicts a total of 843 parking spaces at full build-out,which exceeds the minimum standards by 101 spaces. The Applicant proposes to only construct the minimum amount of parking(i.e. 650 spaces)required with the initial building construction. Bicycle parking is required to be provided as set forth in UDC 11-3C-6G. Based on 843 vehicle spaces, a minimum of 34 bicycle parking spaces are required that meet the location and design standards listed in UDC 11-3C-5C; a total of 48 spaces are proposed, exceeding the minimum standards. Sidewalks/Pathways: A 10-foot wide detached sidewalk/multi-use pathway is proposed within the street buffer along Owyhee Storm Ave. in accord with the Pathways Master Plan; and 5-foot wide detached sidewalks are proposed along W. McMillan Rd. and Ersatz Rd.Note:A multi-use pathway is also required along the east side of Ersatz Rd., which will be required with construction of the eastern portion of the street section by the developer of the adjacent property. Five-foot wide detached sidewalks are typically required within street buffers along arterial streets.However,because ACHD is changing policy to require detached 10-foot wide multiple-use pathways(MUP) along arterial streets (i.e.McMillan Rd.)in lieu of on-street bike lanes, and because school children will be using this sidewalk to bike and walk to school, Staff recommends a 10-foot wide sidewalk/MUP is required along McMillan as a provision of the development agreement. The multi-use pathway is required to be placed in a 14-foot wide public use easement if it's outside of the right-of-way. The easement should be submitted to the Planning division with the Certificate of Zoning Compliance application for the first phase of development. To ensure pedestrian safety, Staff recommends the sidewalk/multi-use pathways are constructed along all streets with the first phase of development. Landscaping: A landscape plan was submitted as shown in Section VIII.C. A minimum 25-foot wide street buffer is required along W. McMillan Rd., an arterial street and a minimum 20-foot wide street buffer is required along Owyhee Storm Ave., a collector street, landscaped in accord with the standards listed in UDC 11-3B-7C. Buffers are required to be planted with a variety of trees,shrubs,lawn,or other vegetative groundcover. The landscape plan should be revised in accord with the aforementioned standards. Where the Page 9 buffer is encumbered by an easement,the buffer area is required to include a minimum 5- foot wide area for planting shrubs and trees outside of the easement; the plans should be revised accordingly to accommodate the required plantings. Parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. All utilities, except for City sewer, are available to the site or in close proximity. Sewer service to this site will be provided from the Can-Ada Lift Station,which has not yet been built. Construction is planned to be completed towards the end of Fiscal Year 2025. The City plans to install a trunk sewer from the lift station (to be located near McMillan Road/Can-Ada Road) one mile to the east near the intersection of McMillan Road/Star Road as a part of the Can-Ada Lift Station Project. The school will need to extend sewer down McMillan Rd. and Owyhee Storm Ave.to the school campus in accord with the Sewer Master Plan.The City is amenable to allowing a temporary lift station for the sports field concession and restroom buildings only,which shall be taken off-line as part of the construction of the school. Waterways: The West Tap Sublateral runs along the southern boundary of this site adjacent to McMillan Rd. and the Creason Lateral bisects this site within a 30-foot wide easement. The UDC (LL-3A-0 requires all waterways that lie on the property being developed to be piped or otherwise covered unless being improved as a water amenity of linear open space. The easement for the Creason Lateral shall be depicted on the site and landscape plans. Pressurized Irrigation System (UDC I1-3A-15): Underground pressurized irrigation water is required to be provided to the development as set forth in UDC 11-3A-15. On-site pressurized irrigation is proposed utilizing existing water rights from the Creason Lateral and a secondary irrigation well and pumping system will be installed to supplement irrigation needs during the "shoulder season"watering times. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Hours of Operation: The primary hours of operation for the campus will be from 7:00 am to 3:00 pm Monday through Friday. Extended hours of operation will be based on athletic events and various activities throughout the school year. Compliance with the City noise ordinance (MCC 6-3-6)is required. Building Elevations: Building elevations were submitted as shown in Section VIII.D for the proposed 2-story school building. Building materials consist of a combination of masonry in smooth-face and split-face in two colors, deep ribbed metal and smooth metal with large expansions of glazing,which should be low maintenance. Raised parapets are proposed for modulation and screening of rooftop mechanical equipment. Proposed building heights are as follows: auditorium/gymnasium—45'8"; classroom wings—35'0". Certificate of Zoning Compliance/Design Review:A Certificate of Zoning Compliance(CZC) and Design Review application is required to be submitted to the Planning Division and approved prior to submittal of building permit application(s). The application materials should be updated as necessary to comply with the conditions contained in Section IX. Compliance with the design standards in the Architectural Standards Manual is required. As discussed above in Section V, a "modern rural"design theme should be integrated into the project as desired in the Fields Sub- Area Plan. Page 10 VII. DECISION A. Staff: Staff recommends approval of the proposed annexation&zoning with an R-8 instead of R-15 zoning district, and conditional use permit with the provisions included in Section IX per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on May 18,June I and 15, 2023.At the public hearing,the Commission moved to continue the subject AZ and CUP requests to June 1 st in order to review the ACHD report. The ACHD report wasn't received by the 1st so the Commission continued the project to the June 15t'hearing date. 1. Summary of Commission public hearing_ a. In favor: Amber Van Ocker, LKV Architects(Applicant's Representative); Sonia Daleiden,Kittleson&Assoc.; Wayne Thowless,LKV Architects 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: Bill Parsons 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#A.1.1d in Section IX that all street buffers adjacent to public streets(i.e. McMillan,Owyhee Storm&Ersatz) also be constructed by the Applicant,unless already constructed b, I�prior to issuance of Certificate of Occupancy for the high school building. b. Commission required the McMillan Rd. improvements and the extension of Owyhee Storm Ave. and Ersatz to the northern parcel boundary to be completed either by the Applicant or ITD, as applicable,prior to issuance of Certificate of Occupancy for the high school building in the second phase of development(see Section IX.A.1.I c). 5. Outstanding, issue(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 �� ...... .. 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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 8 U COLS VALLEY CHRISTIALF z I.T II U Y —uvEt,-,orvo � O� PRESCHOOL I ELEMENTARY ENTRANCE (� b sm— COLE VALLEY CHRISTIAN U -nwnu-,3zrc U " Q F- _' USCHOOL semodit o - cn lit U w Z MIDDLE I HIGH SCHOOL ENTRANCE ,._.e 4 Page 22 s 1 WRTHELEVATMOVERALL 5� EEC— la NMTH ELEVATtd l d a U J Q ry _ z g V m lb NORTH ETEVATroN z J U 1 EAST ELEVATION OVERALL p 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. The McMillan Road improvements and the extension of Owyhee Storm Ave. and Ersatz Rd. to the northern boundgy of the parcel shall be completed with the fir-t second phase of development at the width/street section required by the Ada County Highway District,prior to issuance of Certificate of Occupancy for the high school building. d. All detached sidewalks,.-aad multi-use pathways and street buffers along public streets (i.e. McMillan Rd., Owyhee Storm Ave. and Ersatz Rd.) shall be constructed by the Applicant,unless already constructed b, I prior to issuance of the Certificate of Occupancy for the high school building. 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. Page 25 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 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.1b. 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 I1-4- 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.B. 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. Page 26 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: • 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. Page 27 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. 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.meridiancity.oMIpublic 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 Page 28 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. 2.20 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:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=292608&dbid=0&repo=MeridianC hty D. PARK'S DEPARTMENT https:llweblink.meridiancity.or lWebLink/Doc View.aspx?id=292614&dbid=0&repo=MeridianC hty E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancioy.orkIWebLinkIDocView.aspx?id=294319&dbid=0&repo=MeridianC iv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.orglWebLink/DocView.aspx?id=294389&dbid=0&repo=MeridianC hty G. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=293650&dbid=0&repo=MeridianC hty H. IDAHO TRANSPORTATION DEPARTMENT(ITD) TIS Acceptance: https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=292597&dbid=0&repo=MeridianC hty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) TIS Acceptance: https:llweblink.meridiancioy.ory WWebLinkIDocView.aspx?id=292599&dbid=0&repo=MeridianC ia Staff report: https:llweblink.meridianciU.ory WWebLinkIDocView.aspx?id=300166&dbid=0&repo=MeridianC hty Page 29 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant's request to annex the subject property with the recommended R-8 zoning district for the development of a private education institution on the site is consistent with the MDR and school designations on the FLUM in the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the map amendment to the recommended R-8 zoning district and associated development is consistent with the regulations outlined for the district. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed use should be compatible with adjacent existing and future residential uses in the vicinity. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds 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. The Commission finds the proposed annexation is in the best interest of the city. B. Conditional Use(UDC 11-511-6) 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 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. Page 30 The Commission finds 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. The Commission finds the design, construction, operation and maintenance of the proposed use should be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. 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 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. 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 31 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing 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. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING July 11,2023 Legend DATE: TO: Mayor&City Council f PFajeat Lava-iar FROM: Sonya Allen,Associate Planner t 208-884-5533 SUBJECT: H-2023-0007 Costco Development— e MDA, CUP e 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. �_ �-F.;.�':�::�II,.II�.II I IIIIIt II ': 4! 1INIY IIY, -_= a�h��w 4_ __ T ■ -��nii'll„u . -�lu'll1 _LII Illll�lpllll-� - ■ � ��•p linninn�� -- -III Ilr •' fllllllil ly'. II-- U I I �'�Jt-','gs,llllnnr 2 I III II II i , I- IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 4/19/2023 6/25/2023 Radius notification mailed to properties within 300 feet 4/15/2023 6/23/2023 Public hearing notice sign posted 4/24/2023 6/30/2023 on site Nextdoor posting 4/15/2023 6/23/2023 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(https://www.meridianciby.or /g comp�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 V111.A 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 Truck 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. B. The Meridian Planning&Zoning Commission heard these items on May 4(continued) and June 15,2023.At the public hearing on June 15',the Commission moved to recommend denial of the subject CUP request to City Council. 1. Summary of Commission public hearing_ a. In favor: Chris Ferko,Barghausen Consulting Engineers,Inc. (Applicant's Representative); John Ellingsen, Costco Wholesale b. In opposition: Wade Ramsey representing the HOA Board of Directors of Bainbridge Subdivision;Angela Ware,representing Olivia Apartments,Liz Criddle c. Commenting None d. Written testimony(in opposition): Petition with 33 signatures from residents of Cadence Bainbridge Subdivision(the western occupied portion of Bainbridge to the west of the site); a letter with(5)videos was received from Megan Coleman,Tablerock Management on behalf of Olivia Apartments(directly to the south of the site); Wade Ramsey on behalf of the HOA Board of Directors of Bainbridge Subdivision(to the south of Lost Rapids Dr. and west of Tree Farm Dr.);Mike&Malissa Bernard; Roger Nielsen; and Liz Criddle. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. The letters of testimony received request the proposal to extend delivery hours is denied; Page 8 b. Trucks are currently using restricted roadways (i.e. Lost Rapids Dr./Tree Farm Way)to access and depart the site,which is in violation of the DA, c. Costco is currently violating the allowed delivery hours noted in the DA by allowing trucks to wait on the site overnight to unload and operating forklifts on the site; d. Noise impacts to the Olivia apartments to the south on the 2nd and 3rd floor units where there is no sound attenuation. 3. Key issue(s)of discussion by Commission: a. Question pertaining to reliability of data in sound study vs.real-life impacts; b. Extending the hours for deliveries would be an injustice to neighbors based on the overwhelming concerns expressed by neighbors relating to noise,traffic and negative impacts on area residents. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None Page 9 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 10 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 11 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/WebLink/Doc View.aspx?id=289795&dbid=0&repo=MeridianQU Page 12 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. The Commission 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. The Commission 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. The Commission 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. The Commission 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. The Commission finds 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. The Commission finds 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. Page 13 The Commission 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. 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 (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 14