Loading...
HomeMy WebLinkAbout2023-08-17 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, August 17, 2023 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT Commissioner Maria Lorcher Commissioner Enrique Rivera Commissioner Mandi Stoddard Commissioner Jared Smith Commissioner Andrew Seal ABSENT Commissioner Nathan Wheeler Commissioner Patrick Grace ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Commissioner Smith, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Lorcher, Commissioner Rivera, Commissioner Stoddard, Commissioner Smith, Commissioner Seal 1. Approve Minutes of the August 3, 2023 Planning & Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for The Base Jiu Jitsu at Hickory (H-2022- 0032), by The Base Jiu Jitsu, located at 2640 E. State Ave. 3. Findings of Fact, Conclusions of Law for New Horizon Academy (H-2023-0034), by CASCO, located at 2918 S. Meridian Rd. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 4. Public Hearing for Windrow Neighborhood (H-2023-0031) by Conger Group, located at Northeast Corner of S. Linder Rd. and W. Amity Rd. Continued to September 7, 2023 A. Request: Annexation of 46.133 acres of land with an R-8 zoning District. B. Request: Rezone of 19.62 acres of land from the R-4 to the R-8 zoning district. C. Request: Preliminary Plat consisting of 252 single-family residential building lots and 40 common lots on 65.10 acres in the proposed R-8 zoning district. D. Request: Modification to the existing Development Agreement (Inst.#2016- 007443) for the purpose of creating a new Development Agreement to develop the proposed residential subdivision. (MDA requires City Council action only). Motion to continue to September 7, 2023 made by Commissioner Lorcher, Seconded by Commissioner Smith. Voting Yea: Commissioner Lorcher, Commissioner Rivera, Commissioner Stoddard, Commissioner Smith, Commissioner Seal 5. Public Hearing for Bridgetower Marketplace (H-2023-0035) by Cheri Moore, Eckhardt Properties, located at 3149 W. Quintale Dr. Approved Application Materials: https://bit.ly/H-2023-0035 A. Request: Conditional Use Permit to construct a drive-thru on the building addressed as 3137 W. Quintale Dr., which is part of a mixed-use commercial retail development project comprised of two single-story buildings totaling 12,266 square feet on 1.62 acres of land in the C-N zoning district. Motion to approve made by Commissioner Smith, Seconded by Commissioner Lorcher. Voting Yea: Commissioner Lorcher, Commissioner Rivera, Commissioner Stoddard, Commissioner Smith, Commissioner Seal 6. Public Hearing for Klein Home Addition (H-2023-0037) by Bryan and Carrie Klein, located at 224 W. Cherry Ave. Approved Application Materials: https://bit.ly/H-2023-0037 A. Request: Conditional Use Permit to expand the existing non-conforming use which consists of an addition to the existing home to add a fourth bedroom with only one (1) garage parking space instead of the required (2) spaces. Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Smith. Voting Yea: Commissioner Lorcher, Commissioner Rivera, Commissioner Stoddard, Commissioner Smith, Commissioner Seal FUTURE MEETING TOPICS / DISCUSSION ADJOURNMENT 6:25 pm Meridian Planning and Zoning Meeting August 17, 2023. Meeting of the Meridian Planning and Zoning Commission of August 17, 2023, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher, Commissioner Jared Smith, Commissioner Enrique Rivera and Commissioner Mandi Stoddard. Members Absent: Commissioner Nate Wheeler AND Commissioner Patrick Grace. Others Present: Chris Johnson, Charlene Way, Kurt Starman, Bill Parsons, Sonya Allen, Linda Ritter and Dean Willis. ROLL-CALL ATTENDANCE Nate Wheeler X Maria Lorcher X_ Mandi Stoddard Patrick Grace X_ Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: All right. Good evening. Welcome to the Planning and Zoning Commission meeting for August 17, 2023. At this time I would like to call the meeting to order. The Commissioners who are present for this evening's meeting are at City Hall. We also have staff from the city attorney and clerk's offices, as well as City Planning Department. If you are joining us from Zoom this evening we can see that you are here. You may observe the meeting. However, your ability to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take questions until -- until the public testimony portion. If you have a process question during the meeting please e-mail cityclerk@meridiancity.org. They will reply as quickly as possible. With that let's begin with the roll call. Madam Clerk. Oh. Mr. Clerk. Sorry. ADOPTION OF AGENDA Seal: All right. First item on the agenda is the adoption of the agenda. Need to announce that Windrow Neighborhood, File No. H-2023-0031, will be opened for the sole purpose of continuing to a regularly scheduled meeting. It will be opened for that purpose only. So, if there is anybody here to testify we will not be taking public testimony on that this evening. Can I get a motion to adopt the agenda? Smith: So moved. Rivera: Second. Seal: It's been moved and seconded to adopt the agenda. All in favor, please, say aye. Opposed nay? Motion carries. Meridian Planning&Zoning Commission August 17,2023 Page 2 of 10 MOTION CARRIED: FIVE AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the August 3, 2023 Planning & Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for The Base Jiu Jitsu at Hickory (H-2022-0032), by The Base Jiu Jitsu, located at 2640 E. State Ave. 3. Findings of Fact, Conclusions of Law for New Horizon Academy (H- 2023-0034), by CASCO, located at 2918 S. Meridian Rd. Seal: Next item on the agenda is the Consent Agenda and we have three items on the Consent Agenda. First is to approve the minutes of the August 3, 2023, Planning and Zoning Commission meeting. We also have the Findings of Fact -- Findings of Fact and Conclusions of Law for File No. H-2022-0032 for the Base Jiu Jitsu at Hickory. And File No. H-2023-0034 for New Horizon Academy. Could I get a motion to accept the Consent Agenda as presented? Smith: So moved. Seal: Do I have a second? Lorcher: Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor say aye. Opposed nay? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: At this time I would like to briefly explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to the Comprehensive Plan and the Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. After the applicant has finished we will open the floor to public testimony. Each person will be called on only once during the public testimony. The Clerk will call the names individually of those who have signed up in advance to testify. You will need to state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting it will be displayed on the screen and you will be able to run the presentation and there will be assistance from Meridian Planning&Zoning Commission August 17,2023 Page 3 of 10 the clerk if needed. If you have established that you are speaking on behalf of a larger group, like an HOA, where others from that group will allow you to speak on their behalf, you will have up to ten minutes. After all of those who have signed up in advance have spoken we will invite others who may wish to testify. When you are finished if the Commission does not have questions for you you will return to your seat in Chambers or be muted on Zoom and no longer have the ability to speak. And please remember we generally do not call people back up. After all testimony has been heard the applicant will be given another ten minutes to come back and respond. When the applicant has finished responding to questions and concerns we will close the public hearing and the Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 4. Public Hearing for Windrow Neighborhood (H-2023-0031) by Conger Group, located at Northeast Corner of S. Linder Rd. and W. Amity Rd. A. Request: Annexation of 46.133 acres of land with an R-8 zoning District. B. Request: Rezone of 19.62 acres of land from the R-4 to the R-8 zoning district. C. Request: Preliminary Plat consisting of 252 single-family residential building lots and 40 common lots on 65.10 acres in the proposed R- 8 zoning district. D. Request: Modification to the existing Development Agreement (Inst.#2016-007443) for the purpose of creating a new Development Agreement to develop the proposed residential subdivision. (MDA requires City Council action only). Seal: So, at this time I would like to open the public hearing for Item No. H-2023-0031, Windrow Neighborhood for a continuance to September 7th, 2023. Lorcher: Mr. Chair? Seal: Commissioner Lorcher. Lorcher: I motion that Windrow Neighborhood, File No. H-2023-0031, be continued for renotice for September 7th, 2023. Smith: Second. Seal: It's been moved and seconded that we continue File No. H-2023 0031 to the date of September 7th, 2023. All in favor, please, say aye. Opposed nay? The item is continued. Meridian Planning&Zoning Commission August 17,2023 Page 4 of 10 MOTION CARRIED: FIVE AYES. TWO ABSENT. 5. Public Hearing for Bridgetower Marketplace (H-2023-0035) by Cheri Moore, Eckhardt Properties, located at 3149 W. Quintale Dr. A. Request: Conditional Use Permit to construct a drive-thru on the building addressed as 3137 W. Quintale Dr., which is part of a mixed-use commercial retail development project comprised of two single-story buildings totaling 12,266 square feet on 1.62 acres of land in the C-N zoning district. Seal: I would like to open the public hearing for Item No. H-2023-0035, for Bridgetower Marketplace and we will begin with the staff report. Ritter: Thank you. Good evening, Chair and Commissioners. Tonight we are here for a request for a conditional use permit to construct a drive through, which is part of a mixed use commercial retail development project that is composed -- excuse me -- that is composed of two single story buildings totaling 12,266 square feet. The building is located on approximately 1.62 acres of land in the C-N zoning district. The conditional use permit is for the building located at 3137 West Quintale Drive, which is approximately 5,826 square feet, and is located within 300 feet of another drive through and a residential area and as you can see on this aerial map this is the property that's in question. This is the bank that has a drive through and this is the residential area that is adjacent to within the 300 feet. The site layout for the proposed building includes the stacking lane that provides a queuing space for up to five vehicles, which is located before the drive through window. The drive through itself starts at the northeast end of the building along the private drive and exits at the northwest side onto the private drive to the north of the property. If there is excessive overflow in the drive through lane it will stack on the -- onto the private drive to the north or on the commercial drive aisle to the east, rather than spilling onto North Ten Mile Road. The concept plan shows that the second line is separate from the drive aisles and parking, which allows easy access to the rest of the development. And, again, this conditional use permit is only for the drive through. The staff has already reviewed the proposed plans and building elevations for landscaping, so a certificate of zoning compliance and design review has already been approved for this project. These are the elevations for the proposed project. And so at this time staff is recommending approval with the conditions -- approval for the CUP for the drive through with the conditions listed in the staff report and I will entertain any questions that the Commission has. Seal: All right. Thank you very much. Would the applicant like to come forward? Yes, ma'am. I have a question. We will need your name and address for the record, please. Moore: Cheri Moore. 22033 Eel Lane in Middleton. 83644. Seal: First question is what is the business going to be that has the drive through? Meridian Planning&Zoning Commission August 17,2023 Page 5 of 10 Moore: A potential -- we don't have a lease signed yet, but it is a potential mixed beverages similar to Dutch Brothers, but it's not. Seal: Okay. So, not -- not necessarily coffee, but like a Sodalicious or something. Moore: Yeah. All of the smoothies, fruity flavored drinks. Seal: Got you. Okay. That was my only question that I had really. So, Commissioners, do you have any questions for the applicant or staff? Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: Yeah. My only -- only real question on this is knowing that type of business, knowing kind of some of the Dutch Brothers locations with stacking lanes, emergency exits and things like that, I know some of the earlier concepts for Dutch Bros maybe didn't have as much as efficient planning for, you know, inflow and outflow during peak hours of consumption and so just curious what the considerations are that might have gone into that, especially if you -- that might not -- that tenant might not be guaranteed to be in that location and if there are other tenants that are potentially there have there been considerations for peak hour entry and exit onto Ten Mile, stacking and queuing, kind of off of those -- those streets? And kind of what considerations have been made? Moore: If I understand your question correctly, the only consideration is that we do have that street Quintale there that is to the north and, then, of course, we have got the drive there to the east. So, that should -- that should create a significant flow of traffic and efficient. Smith: Mr. Chair? Seal: Go ahead. Smith: Is the expectation in the design -- and I'm not sure I see anything that limits cross- access, but is the intention to make most of the access come on and off of Quintale, rather than Ten Mile directly? Moore: There is no direct access off of Ten Mile. Smith: Okay. None at all. Okay. Moore: It's only to Quintale. Smith: Prefect. Thanks so much. That's -- that's the answer to my questions. Moore: Okay. Meridian Planning&Zoning Commission August 17,2023 Page 6 of 10 Seal: Anybody else? We might make this real short. Mr. Clerk, is there anybody signed up to testify on this application? Johnson: Mr. Chair, there were no signups. Seal: Anybody in the audience want to come up and testify? It's really fun. All right. If there are no further questions for the applicant, I would like to thank you very much. And no questions from the audience. No question from Commissioners. I will take a motion to close the public hearing for File No. H-2023-0035. Smith: So moved. Stoddard: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0035, Bridgetower Marketplace. All in favor say aye. Opposed nay? The public hearing is closed. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: For me this is -- I mean it's pretty straightforward what's going on here. I will say about the way this is designed, I actually like -- I like the way that it's designed and the concept and I have seen that before where the businesses that are there -- that are there can operate completely independent of that -- that drive aisle. So, I really like that where people are going to be pulling in and pulling out, not going to have to be -- you know, obviously, you are going to have to watch out for the cars that are there, but that drive aisle just being completely separate from it I really -- I like that aspect of this. So, it would be -- I would like to see more of that, to be perfectly honest. But I'm always happy to see businesses coming in and opening up. This is near to me, so if you have good bike parking we will probably come by and check it out. Any other comments? No? I will take a motion. More than happy to listen to anybody make one of those. Smith: Mr. Chair? Seal: Commissioner Smith. Smith: After considering all staff, applicant, and public testimony I move to approve File No. H-2023-0035 as presented in the staff report for the hearing date of August 17, 2023, with no additional modifications. Lorcher: Second. Seal: It's been moved and seconded to approve File No. H-2023-0035 for Bridgetower Marketplace. All in favor, please, say aye. Opposed nay? The file is approved. Thank you very much. Meridian Planning&Zoning Commission August 17,2023 Page 7 of 10 MOTION CARRIED: FIVE AYES. TWO ABSENT. 6. Public Hearing for Klein Home Addition (H-2023-0037) by Bryan and Carrie Klein, located at 224 W. Cherry Ave. A. Request: Conditional Use Permit to expand the existing non- conforming use which consists of an addition to the existing home to add a fourth bedroom with only one (1) garage parking space instead of the required (2) spaces. Seal: Let Sonya get seated. No pressure. At this time I would like to open the public hearing for Item No. H-2023 0037 for the Klein Home Addition. We will begin with the staff report. Allen: Thank you, Mr. Chair, Members of the Commission. The next application before you tonight is a request for a conditional use permit. This site consists of .11 of an acre of land. It's zoned R-4 and it's located at 224 West Cherry Avenue. It's in a high density residential comprehensive plan designation. The applicant is requesting a conditional use permit to expand the existing nonconforming use, which consists of an addition to the existing home, to add a fourth bedroom with only one garage parking space instead of the required two parking spaces as required. The applicant currently has a three bedroom single family home with a single family -- or, excuse me, single car garage on the subject property. The existing use is considered a nonconforming use because it doesn't comply with the off-street parking standards, which requires four parking spaces for three and four bedroom units, with at least two of those spaces in an enclosed garage. Other spaces may be enclosed or a minimum ten foot by 20 foot parking pad. Nonconforming uses are allowed to continue as long as the use remains lawful and is not expanded or extended. If expanded approval of a conditional use permit is required as proposed. Only one garage space exists with a parking pad for one car in front of the garage and an approximate 13 foot by 40 foot long gravel driveway exists on the east side of the parking pattern garage, which all accommodates -- which will accommodate parking for two vehicles. On-street parking is also available. The applicant states that it's not possible to add on to the existing garage due to the lot size constraints, which would comply -- would make compliance with the side yard setback requirements infeasible. For this reason and because there is adequate area on the site to park four vehicles with on-street parking for guests, staff is supportive of the request. Written testimony was received this afternoon from Carrie Vigil. She is in support of the proposed conditional use permit. She does have a separate request for the city to conduct an impact assessment of this urban renewal district area for any violations to the Fair Housing Act as amended. Title 8 of the 1968 Civil Rights Act specifically pertaining to accessibility of roads and sidewalks on the following protected classes, familial status, race, national origin and disability and immediately remedy any potential violations of the act. Staff is recommending approval of their proposed conditional use permit with the conditions in the staff report. Staff will stand for any questions. Meridian Planning&Zoning Commission August 17,2023 Page 8 of 10 Seal: Thank you very much. Would the applicant like to come forward? Good evening, sir. We will just need your name and address, which we already have, but we will have it again. Klein: Yeah. Bryan Klein and 224 West Cherry Avenue, Meridian. 83642. You want me to share -- or you can ask questions. Seal: You are more than welcome to share what you have in mind here. That's -- that's how it usually rolls along here. Klein: Okay. Seal: But if not you saw that that doesn't necessarily have to happen either. Klein: Yeah. I think -- I think Sonya captured what's going on pretty adequately. Our family just grew. We added another little baby, who is here with us this evening, and that brings the total to four kiddos in the house and we just need a little bit more space and we would love to stay in our neighborhood. Meridian has been an awesome place to live the last ten years and we are hoping that we can, you know, bump our house out and accommodate our needs. So -- yeah. Seal: Understood. Commissioners, do we have any questions of the applicant or staff? None at all? Do we have anybody signed up to testify? Johnson: Mr. Chair, we do not. The applicant signed up, but -- Seal: Okay. Would any other family members or any of the other people in the audience like to testify? All right. No takers on that tonight, so -- great. So, with that I appreciate your application, your time coming in, and I will take a motion to close the public hearing for H-2023-0037. Smith: So moved. Stoddard: Second. Seal: All right. Thank you, sir. It's been moved and seconded to close the public hearing for File No. H-2023-0037 for the Klein Home Addition. All in favor say aye. Opposed nay? The public hearing is closed. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: I just have one thing to say. I'm not in opposition to this. However, because we are -- I mean it's no secret that housing and rental properties are incredibly expensive in the valley. So, the only concern I have with this is -- allowing this to go forward is that if at a future time the use on the property increases, meaning that they, you know, decide to run a business out of here or it becomes a rental property or something along those Meridian Planning&Zoning Commission August 17,2023 Page 9 of 10 lines, we are just deficient in parking and as a body as a person on this Commission and as a body we are usually pretty hard on people for parking. We are pretty rigid about it. So, it's the only thing in the back of my mind that's, you know, the what if scenario with it, but other than that I have no issues with it. I mean I completely understand why you are doing what you are doing, but we do have parking problems that are kind of everywhere in -- in Meridian. So, I just wanted to put that on -- on the public record just so it's there. Anybody else? Smith: Mr. Chair? Seal: Commissioner Smith. Smith: Yeah. I -- I'm in full support of this. I think it's great. I guess just to capture for the record that neighbors are here in -- in support. It's always good to see. I do think -- I believe that I heard there is footprint for four spaces and so I agree with -- Mr. Chair with your broader assessment in terms of parking, but I also --on a bit of a contrasting position, I do wonder the extent to which a --you know, a planning and zoning commission hearing and things like that is necessary for some things like this and I wonder, you know, if there is potential -- you know, I know the UDC is being looked at for potential improvements and I know there are some municipalities that have, you know, buy right ADUs within certain things or buy right duplexes and this is far short of that and so I wonder if there is an ability to look at code, so -- and -- and maybe look at opportunities for -- if there are certain -- certain footprint for -- for parking, but a garage is not, you know, possible, you know, maybe folding that into some -- some code so that, you know, people, like the Klein family, don't have to, you know, come out on a -- on a Thursday night and, you know, go through all these steps in order to expand the footprint, because I think -- you know, I think the applicant made a great point of, you know, housing being expensive and we want families to be able to live and grow in Meridian and the alternative if they are not able to, you know, find somewhere that's affordable here is to move to another location and that's not necessarily what we want. So, I agree with the -- the parking considerations, but I do wonder if -- if parking is not as much of a concern for the -- the property if there is some ability to look at code and potentially modify code to -- we can account for parking footprint for off-street parking, the footprint, and there is adequate maybe at allowing some buy right expansion or things like that just to make that easier to conform with, you know, the existing -- you know, to balance those tensions that are rising in terms of density and not requiring, you know, significantly higher density in certain areas if we can maybe allow for modest increases in some --for some homeowners where they are looking for it. So, that's just my spiel, but I'm absolutely in support of this and projects like it. Seal: Commissioners, anything else? All right. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go right ahead. Meridian Planning&Zoning Commission August 17,2023 Page 10 of 10 Lorcher: After considering all staff, applicant, and public testimony, I move to approve File No. H-2023-0037 as presented the staff report for the hearing date of August 17th, 2023, with no modifications. Smith: Second. Seal: It's been moved and seconded to approve File No. H-2023-0037 for the Klein Home -- Klein Home Addition. You did say approved, not recommend to approve; correct? Lorcher: I said approve. Seal: Okay. Thank you. Lorcher: Didn't I? Seal: Second the date -- for the date of September 7th, 2023. All in favor, please, say aye. Opposed nay? Motion carries. Thank you very much. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: And with that I will take one more motion. Smith: Mr. Chair? Seal: Go right ahead. Smith: Move to adjourn. Stoddard: Second. Seal: It's been moved to adjourn. All in favor, please, say aye. Opposed nay? We are adjourned. Thank you all very much. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 6.25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 9 17 1 23 ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 3, 2023 Planning & Zoning Commission Meeting Meridian Planning&Zoning Commission August 3,2023 Page 15 of 15 Wheeler: Second. Stoddard: Second. Lorcher: It's been moved and seconded that we adjourn. All those in favor say aye. Any opposed? All right. Meeting adjourned. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. MEETING ADJOURNED AT 6:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 8-17-2023 Andrew Seal, Chair ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for The Base Jiu Jitsu at Hickory (H-2022- 0032), by The Base Jiu Jitsu, located at 2640 E. State Ave. CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION& ORDER In the Matter of the Request for a Conditional Use Permit to Operate an Indoor Recreation Facility (Martial Arts Studio)from Suite 110 (2,950 square-foot)in an Existing 23,000 Square-Foot Flex Building on 1.325 Acres of Land,Located at 2640 E. State Avenue in the I-L Zoning District,by Professor Benjamin Buttars. Case No(s).H-2023-0032 For the Planning& Zoning Commission Hearing Date of. August 3,2023 (Findings on August 17, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 3,2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 3,2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 3,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 3, 2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 1 I Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance,established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). THE BASE JIU JITSU AT HICKORY H-2023-0032 Page 1 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this APPROVAL is subject to the conditions of approval in the attached staff report for the hearing date of August 3, 2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning&Zoning Commission's authority as provided in Meridian City Code § 1I- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of August 3, 2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC I 1-513-617.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). THE BASE JIU JITSU AT HICKORY H-2023-0032 Page 2 G. Attached: Staff Report for the hearing date of August 3,2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). THE BASE JIU JITSU AT HICKORY H-2023-0032 Page 3 17th By action of the Planning&Zoning Commission at its regular meeting held on the day of August ,2023. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER JARED SMITH VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MANDI STODDARD VOTED COMMISSIONER ENRIQUE RIVERA VOTED Andrew Seal, Chairman 8-17-2023 Attest: Chris Johnson, City Clerk 8-17-2023 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 8-17-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). THE BASE JIU JITSU AT HICKORY H-2023-0032 Page 4 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING August 3,2023 Legend E JE1(JECSf 0 DATE: Project Location Q; TO: Planning&Zoning Commission z ;, . ti ` ' r 1, w ce FROM: Linda Ritter,Associate Planner �v All 208-884-5533 SUBJECT: H-2023-0032—The Base Jiu Jitsu at _ Hickory — P` it LOCATION: 2640 E. State Avenue, STE#110 in the NE 1/4of Section 8,Township 3N.,Range - - ESP I N E 'AV E E P I N E�Es IE. (Parcel#R3073781000) �� •' I. PROJECT DESCRIPTION Conditional Use Permit request to operate an indoor recreation facility(martial arts studio) from Suite 110 (2,950 square-foot)in an existing 23,000 square-foot flex building on 1.325 acres of land in the I-L zoning district. II. SUMMARY OF REPORT A. Project Summry Description Details Page Acreage 1.325-acre property Future Land Use Designation Mixed Use—Non-Residential(MU-NR) Existing Land Use Existing 23,000-square-foot flex building Proposed Land Use(s) Indoor Recreational Facility located in Suite 110(Martial Arts Studio) Current Zoning I-L Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of May 20,2023 I attendees: History(previous approvals) A Certificate of Zoning Compliance and Design Review(A- 2021-0021)to construct a 25,000-square-foot flex building. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Page 1 • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One(1)access via E. State Avenue(local street).All- Hwy/Local)(Existing and Proposed) access points are existing and approved from previous approvals(A-2020-0165)for the overall flex building. Existing Road Network Yes C. Project Area Maps Future Land Use Map Aerial Map Legend ,�cial sT Legend ,tv Project Location Q General Project Location r � Industrial � `F MU-C O O F REEM.. _u _u LN MU-NR _ IF- 0 _ H _ N Office = E'STATEA` N O E PINE AVE E PINE AVE Ef PINE AVE E PINE AVE MU-RG Zoning Map Planned Development Map Legend S� 0 Legend 0� 4 Project Location Q Project Location Q z m City Limits m 3 R-40 Planned Parcels p F REEM �y� KUM LN LN till 2 2 I I E STATE AV ® = ESTLl ATE AVE) E-P I N E AV E EVP'I N E AV E E—PINE AVE E=P-,I N:E=AV,E= -L COMMERCIAL ST L-O- Page 2 III. APPLICANT INFORMATION A. Applicant: Benjamin Buttars,The Base Jiu Jitsu—201 N. Maple Grove Road,Boise,Idaho 83704 B. Owner: Shannon Robnett—950 Hickory QOF Limited Partners LLC C. Agent/Representative: Same as Applicantat Hickory IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 7/19/2023 Radius notification mailed to properties within 500 feet 7/14/2023 Public hearing notice sign posted 7/21/2023 on site Nextdoor posting 7/14/2023 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Mixed Use Non—Residential(MU-NR) on the Future Land Use Map (FLUM). The purpose of the MU-NR designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example,MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. The Applicant proposes to develop the site with an indoor recreation facility(i.e. an indoor martial arts studio)within a portion of an existing flex building. The flex building was approved under an administrative application(A-2021-0021) due to the existing industrial zoning and planned unit development in 1991 (through Gemtone CUP). The planned unit development approved in 1991 allowed numerous uses beyond just those typically allowed in the I-L zoning district. In the surrounding area,there is a church,professional offices, flex space, other warehousing uses, employment, and other indoor recreation facilities(i.e.K1 Speed&Flying Pickle). With the addition of the proposed martial arts studio next to offices and other indoor recreation facilities across the street, Staff believes the proposed indoor recreation facility should complement other uses in the surrounding area and provide opportunities for residents to recreate. Therefore, Staff finds the proposed use should be an appropriate use in the MU-NR FLUM designation for the reasons noted above. In reviewing development applications,the following items will be considered in MU-NR areas: (Staff's analysis in italics) • No new residential uses will be permitted(existing residential may remain).No residential uses are proposed. Page 3 • All developments should have a mix of at least two types of land uses. The overall MU-NR designated area does have a mix of uses; multi family to the west, warehouses, light industry, offices,flex space, and a church exist to the north and east of this site within the MU-NR area. • Development is not required to comply with the minimum number of uses in the general mixed- use standards.Noted. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code.No new streets are proposed. • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, food service/restaurants,industry,or warehouse uses.Noted. • A transitional use is encouraged on the perimeter of the MU-NR areas between any existing or planned residential development. The site doesn't abut any existing or planned residential development. COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciU.or /�pplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic vitality."(3.06.02) The proposed use will contribute to the mix of uses in this area and should add to the livability and economic vitality of the community. • Monitor and adjust the amount and mix of industrial, commercial, and office areas needed to meet the employment needs of the City."(3.06.01B) The proposed use will contribute to the mix of uses in this area; however, the desire for industrial and employment uses are diminished. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The subject mixed-use area currently contains office, church,flex space, warehousing, and an indoor recreation facility(K1 Speed go-kart track&Flying Pickle—pickleball courts) in the warehouse on the property to the west. The proposed use will provide another recreational opportunity in close proximity to residential neighbors to the west thereby reducing vehicle trips and enhancing livability of the area. • "Preserve the industrial base within designated industrial land use areas by discouraging non- industrial uses and focusing on light manufacturing, distribution, flex-space, and base- employment."(3.07.01D) The proposed use is a non-industrial use requesting a CUP to occupy an industrial land use area approved for flex space. Staff has some concerns about approving another commercial use for an indoor recreation facility(martial arts studio) within the vicinity purposedfor industrial uses. If approved, this would be the second such use in this building. • "Protect public health and safety by guiding growth and development away from hazardous areas that pose a threat to people and property."(4.10.00) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. • "Provide,partner, and preserve public and private indoor and outdoor recreation amenities for a diverse range of physical activities."(5.01.01 C) Page 4 The proposed indoor recreation facility offers opportunities for recreation through a martial arts studio to the public and will contribute to the range ofphysical activities offered in the City. VI. UNIFIED DEVELOPMENT CODE(UDC) The proposed use,an indoor recreation facility, is listed as a conditional use in the I-L(Light Industrial) zoning district per UDC Table 11-2C-2. Compliance with the dimensional standards listed in UDC Table H- 2C-3 is required and are met because the proposed use is internal to an approved structure. VII. STAFF ANALYSIS As discussed above in Section V,the proposed indoor martial arts studio is considered an appropriate use and meets the development guidelines listed for the MU-NR designation. The use is also consistent with the Planned Unit Development approved in 1991 for Gemtone Inc.,which approved a mix of commercial and light industrial uses in the I-L zoning district. This use is proposed to be contained within an existing flex space building, as noted above. The tenant space for the martial arts studio will be approximately 2,950 square feet within an existing building with no exterior modifications proposed. The Applicant submitted a site plan showing the tenant space for the reality fitness gym. The proposed use is subject to the following Specific Use Standards(UDC 11-4-3-2) -Arts,Entertainment or Recreation Facility, Indoors and Outdoors: (Staff analysis in italics) A. General Standards: 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet(100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways,and greens,are an exception to this standard. (Ord. 07-1325, 7-10-2007).No outdoor recreation areas are proposed; all activities will take place within the building. 2. No outdoor event or activity center shall be located within fifty feet(50') of any property line and shall operate only between the hours of six o'clock(6:00)A.M. and eleven o'clock(11:00) P.M.No outdoor events or activities are proposed. 3. Accessory uses including,but not limited to,retail, equipment rental,restaurant, and drinking establishments may be allowed if designed to serve patrons of the use only.Noted. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title.No outdoor speakers are proposed. B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely enclosed within a six foot(6)non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this code.Not applicable. C. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one hundred (100)seats or more or within one thousand feet(1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). No outdoor stage or musical venue is proposed. Access(UDC 11-3A-3): One(1)driveway accesse is depicted and approved on the overall site plan via E. State Avenue(local street). ACHD and the City has approved the location of the access driveway with the administrative approvals for the overall flex building(A-2021-0021). Page 5 Parking(UDC 11-3C): Based on the proposed tenant space of approximately 2,950 square feet of gross floor area, a minimum of 3 off-street parking spaces are required. As noted throughout the staff report,the building and other site improvements are existing and include the off-street parking for the entire flex building. According to the submitted site plan showing the existing site conditions, a total of 49 parking spaces are provided, exceeding UDC standards. Based on the 8 parking spaces provided for this use, a minimum of one(1)bicycle parking space is required to be provided. Bicycle parking facilities were approved at the time of CZC submittal; the submitted plans depict the bike racks located on the west side of the flex building. Because a vast majority of the area proposed for the martial arts studio a limited capacity, Staff does not have concerns on the number of parking spaces available for the proposed use. Sidewalks(UDC 11-3A-17): There are existing 5-foot wide attached sidewalks along E. State Avenue and N. Hickory Avenue that meet UDC standards. Any damaged curb,gutter,or sidewalk is required to be replaced. Landscaping(UDC 11-3B): A 10-foot wide street buffer is required to be provided along E. State Avenue,a local street,and a 20-foot wide street buffer is required along N. Hickory Avenue, a collector street, landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping is required per the standards listed in UDC 11-3B-8C. All required landscaping has been proposed and approved with previous approvals.Staffs analysis of the approved landscape plan shows compliance with all applicable landscaping code sections. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-I IC unless otherwise approved through alternative compliance. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C. All outdoor lighting was approved with the CZC approval in 2021. However, any future business signage must comply with all standards outlined in UDC 11-3D. Building Elevations: The approved building elevations and perspectives were submitted for the flex building as shown in Section IX.D.As stated throughout this report, these elevations have already been approved through the administrative process and the building is already existing. The submitted elevations are for supplementary purposes only. VIII. DECISION A. Staff: Staff recommends approval of the proposed Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on August 3,2023.At the public hearing.the Commission moved to approve the subject Conditional Use Permit request. 1. Summary of the Commission public hearing: a. In favor: All b. In opposition:None C. Commenting: Professor Benjamin Buttars,The Base Jiu Jitsu d. Written testimony: None e. Staff presenting application: Linda Ritter.Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: Page 6 a. None 3. Key issue(s)of discussion by Commission: a. None. 4. Commission change(s)to Staff recommendation: a. None IX. EXHIBITS A. Site Plan(dated: 4/18/23) AROMURE DMN MA FL z.4 • R P-0 a. ENLARGED QFFTCE PLAN NORTH Page 7 B. Approved Landscape Plan(dated: 9/3/2021) PLANTING SOIL NOTES - 'k PLC sm F DLLE..,.. no m'-�'^�� � � ,r _ .c�•>r..r .�., aid GENERALNOTES w.xm...L= =,,.....ed..e, e .• "tee — - - - —- -- —- - - - - -••Raff OF WAY LANDSCAPE NOTES__'e•••,,Y sg AI u..... . �, E MTE ..„..,e,e......... Jl�l LANDWVE PLAN -1 f;l V+.IVFR�,......W,....,a.n...2,...�.��....,p.,.�....�.d �� LANQ3GAPE SPECIFIGkTI0N5 u�as a ,M......... e e. m, .. s■ a e I g3EE3 EETi210 LOR�ESGN BJ r➢iRR rITKNiKOP/ARTONRN�� =•i I I� r L . • . ` Page 8 — C. Building Elevations(3/23/23) AW' F A 0 y y T y y I-q ........... .......... ................. T Page 9 X. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant shall comply comply with the site plan,landscape plan, and building elevations approved with A-2021-0021 includng the modifications listed below. 2. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-2—Arts, Entertainment or Recreation Facility,Indoors and Outdoors,including but not limited to the following: • Accessory uses including,but not limited to,retail,equipment rental,restaurant,and drinking establishments may be allowed if designed to serve patrons of the use only, and not the general public. • All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet(100')from any abutting residential districts. The playing areas of golf courses,including golf tees,fairways,and greens,are an exception to this standard. (Ord.07-1325,7-10-2007). • No outdoor event or activity center shall be located within fifty feet(50)of any property line and shall operate only between the hours of six o'clock(6:00)A.M. and eleven o'clock(11:00)P.M. • Accessory uses including,but not limited to,retail,equipment rental,restaurant,and drinking establishments may be allowed if designed to serve patrons of the use only. • Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems",of this title. 3. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B- 6F. B. PUBLIC WORKS DEPARTMENT https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=300477&dbid=0&r0o=MeridianQ C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.orb/WebLink/DocView.aspx?id=301358&dbid=0&r0o=MeridianQ D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=302777&dbid=0&r0o=MeridianCitX E. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:Ilweblink.meridiancioy.org/WebLink/DocView.aspx?id=300730&dbid=0&r0o=MeridianCitX Page 10 XI. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The site meets all the dimensional and development regulations of the I-L zoning district for the proposed use. Therefore, Stafffinds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Stafffinds the proposed use will be harmonious with the Comprehensive Plan in that it will provide an indoor recreation use which will contribute to the mix of uses desired in the MU-NR Comprehensive designation as desired. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds the design, construction, operation and maintenance of the proposed use with the conditions imposed, should be compatible with other uses in the general vicinity but may moderately change the character of the area due to the limited I-L zoning within the City. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Stafffinds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. Stafffinds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Stafffinds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Stafffinds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). Stafffinds the proposed use will not result in the destruction, loss or damage of any such features. Page 11 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for New Horizon Academy (H-2023- 0034), by CASCO, located at 2918 S. Meridian Rd. CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND "AHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for a 10,759-square foot daycare center providing childcare for up to 159 children and 21 staff members for New Horizon Academy, Located at 2918 S.Meridian Road in the C-G Zoning District,by CASCO. Case No(s).H-2023-0034 For the Planning& Zoning Commission Hearing Date of: August 3,2023 (Findings on August 17, 2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 3,2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 3, 2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 3,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 3, 2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [NEW HORIZON ACADEMY FILE#H-2023-0034] Page 1 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of August 3,2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning &Zoning Commission's authority as provided in Meridian City Code § I I- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Conditional Use Permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of August 3, 2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC I I-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(I)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [NEW HORIZON ACADEMY FILE#H-2023-0034] Page 2 G. Attached: Staff Report for the hearing date of August 3,2023 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [NEW HORIZON ACADEMY FILE#H-2023-0034] Page 3 By action of the Planning&Zoning Commission at its regular meeting held on the 17th day of August ,2023. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER JARED SMITH VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MANDI STODDARD VOTED COMMISSIONER ENRIQUE RIVERA VOTED Andrew Seal, Chairman 8-17-2023 Attest: Chris Johnson, City Clerk 8-17-2023 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 8-17-2023 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [NEW HORIZON ACADEMY FILE#H-2023-0034] Page 4 EXHIBIT A E STAFF REPORT REPORT a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING August 3, 2023 E Legend WHITESPL10 DATE: nProject Location ST a 3 TO: Planning&Zoning Commission ii E EDMONDS oLn a Y FROM: Stacy Hersh,Associate Planner ST< W o�FWHIT EHALL J 208-884-5533 o SUBJECT: New Horizon Academy—CUP H-2023-0034 LLI 0 LOCATION: 2918 S. Meridian Road(Parcel #R9024770040). Tn 9 '�b---- �C`a�a�� � E-VICTORY=RD—T I. PROJECT DESCRIPTION Conditional use permit(CUP) for a daycare center providing childcare for up to 159 children and 21 staff members on 1.22 acres of land in the C-G zoning district. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.22-acres Future Land Use Designation Commercial Existing Land Use I Vacant/undeveloped land Proposed Land Use(s) I Daycare center Current Zoning ' General Retail and Service Commercial District(C-G) Physical Features(waterways, Kennedy Lateral hazards,flood plain,hillside) Neighborhood meeting date;#of 5/18/2023 attendees: History(previous approvals) AZ-03-038;PFP-03-0007; CUP-03-071;MI-06-005 (Mussell Corner Sub.AZ—Development Agreement Inst. #104153422);(Addendum to Development Agreement Inst. #106155843) ;H-2019-0091 (DA modification Inst.#2019- 119405);Victory Commons PP H-2019-0150;FP H-2020- 0086 Page 1 EXHIBIT A A. Project Area Maps Future Land Use Map Aerial Map E Legend WHITE--SPUR 0 Legend 4Project Location ST Project Location D ONDS O 3 a ITEHALL STY I I - E a � ST w Z oLn —' Q m N a OC F `^ Z rn W N Commercial =R anb Office E'VICTORY RD Den A High sity ResidenfialW Zoning Map Planned Development Map LLeegend RUT WHITESPUR 0 Legend W11'1 � 0 /U!LProiect Location L O ST ¢ Project Location ST ¢ 3 ` 3 .. .. E EDMONDSI � - \ , City Limits R8a a. R-8 Y / Planned Parcels Y F WHIT HALL STU ALL STD W 0 E -J W t� � MAEST RA 9� oo W m ST Z `n Z - o 0r R-4 3� LA R-4 w o w N N I Q /�'iG. \ oaoo_o Rip• \ RUT c4�p�_ E-VICTORY RD o aao �c�o��-- ,�E-VICTORY`R�D� r T R-15 a flo III. APPLICANT INFORMATION A. Applicant: Angie Seguin, CASCO— 12 Sunnen Drive, Suite 100, St. Louis,MO 63143 B. Owner: Eric Isom,Kuna Victory, LLC 2194 Snake River Parkway, Suite 300, Idaho Falls,ID 83401 Page 2 EXHIBIT A C. Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 07/19/2023 Radius notification mailed to 07/14/2023 properties within 500 feet Site Posting Date 07/21/2023 Next Door posting 07/14/2023 V. COMPREHENSIVE PLAN Land Use: The future land use designation for this property is Commercial—This designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail, restaurants,personal and professional services,and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design,connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The proposed use of a Daycare Center(more than 12 children) is a community-serving commercial use that fits within the future Commercial land use designation. The proposed use can serve both the immediate area and the nearby community at large. The proposed location is at the northeast edge of a commercial subdivision adjacent to single-family residential and across the street from multi family residential which functionally creates a mixed-use development despite the future land use designation not being such. The daycare use is a needed use throughout the City and providing it nearby higher density residential meets many of the City's desired outcomes for commercial development. Specific policies are noted and analyzed below but Staff finds the proposed use to be consistent with the Commercial future land use designation. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /comp-plan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play,and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability" (3.06.0213).As noted, the subject area is not part of a mixed-use designation on our future land use map but this area has developed as a mixed-use area with a high-density multi family residential to the south, limited office to the north and west, and single-family residential to the east. Stafffinds that adding a daycare use in this location introduces an additional service to the Page 3 EXHIBIT A immediate area. Daycare facilities are commonly utilized by residents within multi- family, single-family, and nearby business communities. • `Encourage the development of supportive commercial near employment areas" (3.06.02C). The proposed daycare is not near an employment center but is part of a medium-sized commercial subdivision and nearby multiple residential developments. Furthermore, the remaining undeveloped properties within this commercial subdivision should contain additional employment opportunities making the location of this daycare to those future employers equally important. • "Locate smaller-scale,neighborhood-serving commercial and office use clusters so they complement and provide convenient access from nearby residential areas, limiting access to arterial roadways and multimodal corridors."(3.07.02B). The subject use is proposed adjacent to commercial, medium-density residential, and higher-density residential. This property has pedestrian access to the neighborhood to the west and the multi family development across the street via existing facilities that should help reduce vehicle trips and provide convenient access overall. In addition, the Applicant is not proposing any direct access to the adjacent arterial streets (Meridian Road& Victory Road)and is instead proposing internal access from existing facilities. • "Require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D). The proposed use should be both buffered and integrated into the existing neighborhoods, considering the existing landscaping and landscape buffers along S.Meridian Road and E. Victory Road, as well as the required 25 foot buffer adjacent to the residential district on the west. VI. STAFF ANALYSIS A 10,759 square foot daycare center is proposed in the C-G zoning district which is designed to accommodate a maximum of 159 children and 21 staff members.A daycare center requires Conditional Use Permit(CUP)in the C-C zoning district as set forth in UDC Table 11-2B-2 and is subject to the specific use standards listed in UDC 11-4-3-9. Childcare and early education is proposed to be provided for children age 6 weeks to Pre-K(4 years). The Applicant has not provided information on the proposed curriculum with this application. A modification to update terms of the existing Development Agreement(Inst. #106155843 & #104153422)for the purpose of updating the ownership information and boundaries of the subject properties. This modification is subject to new terms,modifications to existing provisions,and the addition of new provisions. As part of the approval, a new conceptual development plan was approved for the site(H-2019-0091). The proposed conceptual site plan approved with Development Agreement(Inst. #2019-119405) shows a parking lot designated for Lot 2,Block 1 in Victory Commons Subdivision No. 1. Staff believes that a modification to the development agreement is not necessary to allow the daycare,as the Applicant is providing a parking lot consistent with the plan and upgrading the pad site to include a building structure rather than merely using asphalt on the entire pad site. Staff finds these additions to be consistent with the updated conceptual development plan and uses approved with that application. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11- 4-3-9—Daycare Facility, as follows: A. General standards for all child daycare and adult care uses,including the classifications of daycare center; daycare, family; and daycare, group. Page 4 EXHIBIT A 1. In determining the type of daycare facility,the total number of children at the facility at one time, including the operator's children, is the determining factor. The applicant proposes to provide childcare for up to 159 children; because the daycare plans to provide care for more than 12 children, it's classified as a daycare center. 2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe discharge and pick-up of clients. On-site vehicle pick-up,parking and turnaround areas are provided; however, there is a driveway going through the parking area that will serve as a frontage road to Meridian Road and will provide access to properties to the north and south. Employee parking is planned for the outer parking areas, while the parking spots closest to the entrance will be reserved for parent drop-off parking. Drop- off times usually span approximately 3 hours, starting at 6:30 am and ending at 9:30 am. Pick-up times also tend to extend from 4:00 pm to 6:00 pm. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The maximum number of allowable clients should be limited to those specified in this application (i.e. 159). 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11,Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. The Applicant shall provide this information to the Planning Division as required. 5. In residential districts or uses adjoining an adjacent residence,the hours of operation shall be between 6:00 a.m. and 11:00 p.m. This standard may be modified through approval of a conditional use permit.A residential use exists on the abutting property to the west, zoned R-4. However, the proposed hours of operation are Monday through Friday from 7:00 am to 6:00 pm, which will operate within the allowed hours in accordance with this standard. 6. Prior to submittal of an application for an accessory daycare facility in a residential district,the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-4.B of this title.Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred(100) feet of the exterior boundary of the subject property.Not applicable The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title,whichever is more restrictive. B. Additional standards for daycare facilities that serve children. 1. All outdoor play areas shall be completely enclosed by minimum six-foot non-scalable fences to secure against exit/entry by small children and to screen abutting properties. The Applicant is proposing two fenced playgrounds with this application. The fence is proposed around the building; however, no details of the fence are provided on the plans submitted. The fence should be non-scalable, a minimum of 6-feet tall and provide screening of the play area. Staff recommends that the Applicant provide a detail of the proposed fencing with the plans submitted with the future Certificate of Zoning Compliance application. 2. Outdoor play equipment over six(6)feet high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be Page 5 EXHIBIT A used after dusk. Compliance with these standards is required. C. Additional standards for family daycare facilities conducted as home occupation accessory uses. 1. In no way shall the family daycare emit lighting,noise, fumes, smoke, dust, odors, vibrations,or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in subsection 11-3D-8.B of this title. 2. Off-street parking shall be provided as set forth in section 11-3C-6 of this title,in addition to the required off-street parking for the dwelling. These standards are not applicable. Based on the above analysis, Staff deems the proposed use to be in compliance with the specific use standards as required if the Applicant complies with the conditions of approval in Section VIII.A. Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Access: A right-in/right-out driveway access is proposed via S. Meridian Rd. at the northwest corner of this site as shown on the site/landscape plans consistent with that approved with the subdivision. The site plan illustrates a drive aisle running through the site, ensuring smooth site circulation and easy access for drop-off and pick-up. This area is separate from the main drive aisle for the development. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 11- 3C-6 for non-residential uses which requires one(1) space per 500 square feet of gross floor area. Based on 10,759 s.f.,a minimum of 22 spaces are required; a total of 35 spaces are proposed, including two(2)ADA compliant spaces. Although the proposed parking exceeds the minimum standards by thirteen(13) and the number of staff members on-site at any one time will likely fluctuate, Staff is concerned that if the facility is at full capacity and up to 21 staff members are on-site at any one time there may not be adequate parking or pick-up/drop-off area for the proposed use. Therefore,if shared parking is established in the Victory Commons development,the Applicant shall provide written documentation to ensure there is adequate parking at peak drop of and pick-up times. The Applicant can submit the documentation with the future CZC application. Additionally, the parking stalls should contain wheel stops to prevent vehicle overhang in accordance with UDC 11-3C-5.B.3; or the buffer along the west boundary of the site next to the parking stalls and the sidewalk next to the building should be widened to a minimum of 7-feet to allow for 2 feet of vehicle overhang in accord with UDC 11-3C-5B.4—parking stalls may be reduced to 17 feet in length; or,wheel stops may be provided in parking spaces to prevent vehicle overhang. A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C. A bicycle rack capable of holding a minimum of one(1)bicycle is provided in accordance with this requirement and depicted on the site plan. A detail of the bicycle rack is also included on the plan that demonstrates compliance with the standards in UDC 11-3C-5C. Pedestrian Walkways: A continuous internal pedestrian walkway,measuring 5 feet and 6 feet in width,is implemented around the main building and entrance. This walkway ensures Page 6 EXHIBIT A interconnectivity to the urgent care facility located to the north and retail flex building to the south. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C as shown. A 25-foot wide landscape buffer is required to be provided to adjacent residential uses in the C-G zoning district per UDC Table 11-2B-3; landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-9C. There is an existing residential use situated to the east. Additionally,there is an existing 35-foot irrigation easement along the Kennedy Lateral. To address the typographical variations and adhere to the required 25-foot landscape buffer adjacent to the residential area,a rock retaining wall is proposed along the lateral. The submitted landscape plan appears to be in compliance with these standards. Street buffer landscaping along S. Meridian Rd.was completed with the Phase 1 subdivision improvements. Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. The site plan depicts screened trash standards for only one(1)trash enclosure shared between the daycare and the existing urgent care to the north.The developer has provided written documentation that this is a shared enclosure to use within the development. Building Elevations: Conceptual building elevations were submitted for a single-story building as shown in Section VII.0 that incorporate a mix of materials consisting of James Hardie fiber cement lap siding,vintage wood architectural wall panel with stone cultured stone accents,metal roofing,and solar panels. Final design is required to incorporate some of the same or similar design elements and materials as those within the development agreement and shall comply with the design standards listed in the Architectural Standards Manual. Certificate of Zoning Compliance&Design Review: A Certificate of Zoning Compliance and Design Review application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with the conditions in Section VIII,UDC standards, design standards and the development agreement. VII. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on August 3,2023.At the public hearing.the Commission moved to approve the subject Conditional Use Permit request. 1. Summary of the Commission public hearing: a. In favor: Cammra Wakagawa:Jake Murphy b. In opposition:None c. Commenting: Cammra Waka awa: Jake Murphy d. Written testimony: None e. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission. a. Pedestrian safety crossingthrough hrough the parking lot. Page 7 EXHIBIT A 4. Commission change(s)to Staff recommendation: a. Applicant shall work with Staff to depict striping and visible directional signa a noting the required traffic flow for both vehicles and pedestrians. Additionally,t�pplicant shall work with the surrounding businesses to ensure the safety of the children attending the facility. Page 8 EXHIBIT A VIII. EXHIBITS A. Proposed Site Plan nil e i i1� ' I �I III/ --- ••� ,�' i � `\.�l\�_ ...�..� ..�nu.u�.s...... OV i8 Page 9 EXHIBIT A B. Proposed Landscape Plan e Y r L.1.O 171 M10 1�1.}dYx a rw10GClEILu6111G! � i o1 fdrf Eft IPEE T.1 SM.,B wB lff�fieaK �r cv.a wawM1W m ..wvvs.��.rcr. � •anr�e. � s '�/ :ernes s.exeueay..s� uc:m,..w. mwn..wvnevs..wm,ro..�m eeu.r uua��.r�u,ra,wu airr.um..crsemu,anmo r1 OM1MY61}K OfN:d (1 Tl =-- .-'� r\n lII — rl EGCOMTnY w[6GY!— ■� rr =x ,m• 3 S crvarc� x iwenn�° L.2.Q Page 10 EXHIBIT A C. Building Elevations =a Tt— ^4 hk'3i n.i NEW HORIZON ACADEMY MERIDIAN.ID MZ12023 Page 11 EXHIBIT A IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement(DA) (DA modification Inst. #2019-119405); Victory Commons PP H-2019-0150;FP H-2020-0086); and the conditions contained herein. 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. All outdoor play areas shall be completely enclosed by minimum six-foot non-scalable fences to secure against exit/entry by small children and to screen abutting properties in accord with UDC 11-4-3-913.1; depict fencing accordingly.Note: The Applicant shall provide a detail for the proposed fencing with the plans submitted with the future Certificate of zoning compliance Application. b. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. c. Depict wheel stops in the parking stalls on the site to prevent vehicle overhang in accordance with UDC 11-3B-5.B(3). 5. Compliance with the standards listed in UDC 11-4-3-9—Daycare Facility is required. 6. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39,chapter 11,Idaho Code. Said proof shall be provided prior to issuance of Certificate of Occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. 7. The maximum number of allowable clients shall be 159 as proposed with this application. 8. The business hours of operation shall be limited to the hours between 7:00 am 6:00 pm in accord with UDC 11-213-313. 9. Outdoor play equipment over six(6)feet high shall not be located in a front yard or within any required yard in accord with UDC 11-4-3-913.2. 10. The Applicant shall depict striping and visible directional si�na e� the he required traffic flow for both vehicles and pedestrians. Additionally. the Applicant shall work with the surrounding businesses to ensure the safety of the children attending the facility 11. If shared parking is established in the Victory Commons development, the Applicant shall provide written documentation to ensure there is adequate parking at peak drop of and pick-up times The Applicant shall submit the documentation with the future CZC application. 12. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual and with the Development Agreement. The Development Agreement requires the following architectural features:faux wood and metal panel accents with extra fenestration/windows to be incorporated in the commercial development. 13. 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 Page 12 EXHIBIT A accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. B. PUBLIC WORKS https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=300902&dbid=0&r0o=MeridianC ky C. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.ore/WebLink/Doc View.aspx?id=301027&dbid=0&r0o=MeridianC hty D. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=302017&dbid=0&repo=MeridianC E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=301457&dbid=0&r0o=MeridianC Ry X. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-G zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed daycare center is harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VIII of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff ,finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section VIII of this report. Page 13 EXHIBIT A 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures,refuse disposal, water, and sewer. Staff finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff ,finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Staff finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features. Page 14 E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Changes to Agenda: th  Item #4: Windrow Neighborhood (H-2023-0031) – Continue to Sept. 7 due to the public notice requirements not being met. Item #5: Bridgetower Marketplace CUP (H-2023-0035) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.62 acres of land, zoned C-N, located at 3137 W. Quintale Drive. History: Annexation (AZ-01-003, DA Inst. No. 101117652); Preliminary Plat Bridgetower Crossing Subdivision (PP-01-005); Conditional Use Permit (CUP-01-006), Final Plat (FP-04-031, DA Inst. No. 100079863); Bridgetower Crossing Commercial Rezone (RZ-07-022, DA Inst. No. 108059802); A-2023-0034 Comprehensive Plan FLUM Designation: Office Summary of Request: A Conditional Use Permit request to construct a drive through which is part of a mixed-use commercial retail development project comprised of two single story buildings totaling 12,266 sq. ft. The building is located on approximately 1.62 acres of land in the C-N zoning district. The Conditional Use Permit is for the building located at 3137 W. Quintale Drive which is approximately 5,826 square feet and is located within 300 feet of another drive through and a residential district. The site layout for the proposed building includes a stacking lane that provides queuing space for up to 5 vehicles, which is located before the drive-through window. The drive-through itself starts at the northeast side of the building along the private drive and exits at the northwest side onto the private drive to the north of the property. If there is excessive overflow from the drive-through lane, it will stack onto the private drive to the north or the commercial drive aisle to the east, rather than spilling onto N. Ten Mile Road. The concept plan also shows that the stacking lane is separate from the drive aisles and parking, which allows for easy access to the rest of the development. Access is proposed on the site plan from W. Quintale Drive, a private street on the north side of the property, via the residential arterial road to the west (N. Ten Mile Road). Vehicles will enter the site from the west and will either park in the lot in front of the building or continue to the east and enter the drive through along the east side of the property and exit on the north side of the property. There is an escape lane provided just north of the drive through window that exists the drive aisle to the north. Direct access via S. Ten Mile Road is prohibited. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. A Certificate of Zoning Compliance and Design Review (A-2023-0033) has been approved for this project. Written Testimony: None Staff Recommendation: Approval with conditions listed in the Staff Report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0035, as presented in the staff report for the hearing date of August 17, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0035, as presented during the hearing on August 17, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0035 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #6: Klein Home Addition CUP (H-2023-0037) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 0.11-acre of land, zoned R-4, located at 224 W. Cherry Ave. Comprehensive Plan FLUM Designation: HDR Summary of Request: Conditional use permit to expand the existing non-conforming use which consists of an addition to the existing th home to add a 4 bedroom with only one (1) garage parking space instead of the required two (2) spaces on 0.11-acre of land in the R- 4 zoning district. The Applicant currently has a 3-bedroom single-family home with a single car attached garage on the subject property. The existing use is considered a non-conforming use because it doesn’t comply with the off-street parking standards, which requires (4) parking spaces for 3- and 4-bedroom units, with at least two (2) of those spaces in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad. Non-conforming uses are allowed to continue as long as the use remains lawful and is not expanded or extended; if expanded, approval of a CUP is required as proposed. Only (1) garage space exists with a parking pad for (1) car in front of the garage; an approximate 13’ x 40’ gravel driveway exists on the east side of the parking pad/garage which will accommodate parking for (2) vehicles. On-street parking is also available. The Applicant states that it’s not possible to add on to the existing garage due to lot size constraints which would make compliance with the side yard setback requirement infeasible. For this reason and because there is adequate area on the site to park (4) vehicles with on-street parking for guests, Staff is supportive of the request. Written Testimony: Carrie Vigil – in support of the proposed CUP with a separate request for the City to conduct an impact assessment of this urban renewal district area for any violations to the Fair Housing Acts (as amended) (Title VIII of the 1968 Civil Rights Act), specifically pertaining to accessibility of roads and sidewalks, on the following protected classes, familial status, race, national origin and disability; and immediately remedy any potential violations of the Act. Staff Recommendation: Approval with conditions listed in the Staff Report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0037, as presented in the staff report for the hearing date of August 17, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0037, as presented during the hearing on August 17, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0037 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Planning and Zoning Commission Meeting August 17, 2023 Item #5: AERIAL MAPZONING MAPFUTURE LAND USE MAP Conditional use Permit0035) -2023-Marketplace(H Aerial Map Approved Site Approved Landscape Plan Approved Elevations Item #6: Klein Home Addition(H AERIAL MAPZONING MAP FUTURE LAND USE MAP Conditional Use Permit0037)-2023- Site Plan/AerialElevations W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Bridgetower Marketplace (H-2023-0035) by Cheri Moore, Eckhardt Properties, located at 3149 W. Quintale Dr. Application Materials: https:Hbit.ly/H-2023-0035 A. Request: Conditional Use Permit to construct a drive-thru on the building addressed as 3137 W. Quintale Dr., which is part of a mixed-use commercial retail development project comprised of two single-story buildings totaling 12,266 square feet on 1.62 acres of land in the C-N zoning district. PUBLIC HEARING SIGN IN SHEET DATE: August 17, 2023 ITEM # ON AGENDA: 5 PROJECT NAME: Bridgetower Marketplace (H-2023-0035) 3 Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please a provide HOA name 1 a i i 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING August 17,2023 Legend ; DATE: .' TO: Planning&Zoning Commission FROM: Linda Ritter,Associate Planner . 208-884-5533 �  `"" SUBJECT: H-2023-0035—Brid etower g Marketplace CUP LOCATION: 3149 W. Quintale Drive in the NW 1/4 of rr ; Section 355,Township 4N.,Range 1W. (Parcel#R1079920481) " I. PROJECT DESCRIPTION Conditional Use Permit request to construct a drive through which is part of a mixed-use commercial retail development project comprised of two single story buildings totaling 12,266 sq. ft. The Conditional Use Permit is for the building located at 3137 W. Quintale Drive which is approximately 5,826 square feet and is located within 300 feet of a another drive through and a residential district. The building is located on approximately 1.62 acres of land in the C-N zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.62 acres(Conditional Use Permit) Future Land Use Designation Office Existing Land Use Vacant/undeveloped Proposed Land Use(s) Mixed-use commercial retail with a drive-through Current Zoning Neighborhood Business(C-N) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 6/05/2023;2 attendees and 1 email attendees: Page 1 Description Details Page History(previous approvals) Annexation(AZ-01-003,DA Inst.No. 1 01 1 1 7652); Preliminary Plat Bridgetower Crossing Subdivision(PP-01- 005);Conditional Use Permit(CUP-01-006),Final Plat(FP- 04-031,DA Inst.No. 100079863);Bridgetower Crossing Commercial Rezone(RZ-07-022,DA Inst.No. 108059802); A-2023-0034 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study No es/no Access Access is proposed from a shared driveway via Ten Mile Road at the Northern boundary (Arterial/Collectors/State of the site. Hwy/Local)(Existing and Proposed) Trip Generation See ACHD Staff Roort C. Project Area Maps Future Land Use Map Aerial Map Sul Legend � � Legend ... R"ect Location f RvA ct Lacaion - U feF- 71 Residentialiyr Page 2 Zoning Map Planned Development Map Legend RUT Legend IP #Locafiv 4n10' # Prgec#Locaon R=9 I rt�, _; CAY Limits a-a. �T�r-r7f�l •. � — Planned Pcrce- ! R-T R. I C-G t-0 C-C R-11 � ry :.RUT UT L x =RUT �Fl. Ifi�fR� III. APPLICANT INFORMATION A. Applicant: Cheri Moore,Eckhardt Properties—22033 Eel Lane, Middleton, ID 83644 B. Owner: Same as Applicant C. Agent/Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 7/26/2023 Radius notification mailed to properties within 500 feet 7/28/2023 Public hearing notice sign posted 8/2/2023 on site Nextdoor posting 7/31/2023 Page 3 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Office on the Future Land Use Map(FLUM). The purpose of the Office designation is to ensure that neighborhoods,neighborhood centers, and commercial developments be both grounded and unique,incorporating features of their surroundings while offering residents,visitors,and employees distinctive, safe,and inviting environments. Gathering places should be convenient and integrated,encourage social activity and engagement through generous and intentional amenities and activation, and be a cornerstone of community pride and timeless neighborhood value. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.o.fg1compplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic vitality."(3.06.02) The proposed use will contribute to the mix of uses in this area that ensure the livability and economic vitality of the community. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The subject mixed-use area is currently a bustling and diverse community with a range of amenities, including office buildings and single-family developments. To the north, there are commercial and office uses, such as a credit union and a multi-use medical building. To the east, there is a single-family residential area, and to the south, there is a vacant lot that is proposing a daycare facility.Across Ten Mile Road to the west, new development is emerging,featuring single-family residences, retail spaces, office buildings, and other types of land use. The proposed mixedof commercial uses aims to further enhance this vibrant area by introducing a drive-through option for area residents,particularly those residing in nearby residential developments. This addition will provide convenience and accessibility to the community, allowing residents to easily access services and amenities without leaving their vehicles. Additionally, the new establishment will create job opportunities for nearby residents, contributing to the local economy and further fostering a sense of community. Overall, the proposed mixed-use development aligns with the existing character of the area and complements the surrounding land uses. It aims to meet the needs of the community by offering convenient services while also contributing to the economic vitality of the neighborhood. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A). Along the entire frontage of S. Ten Mile Road, there is an existing 5-foot wide detached sidewalk within the landscape buffer. The development requires a minimum 5-foot wide sidewalk adjacent to all commercial buildings and along the main driveways within the site. These sidewalks will facilitate pedestrian connectivity and easy access throughout the mixed-use development. Page 4 • "Minimize noise, lighting, and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.01F) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. VI. STAFF ANALYSIS A. The Applicant requests approval of a Conditional Use Permit(CUP)to construct a 5,826 square foot multi-tenant building with a drive-through pick-up window for a restaurant on a 1.62-acre property in the C-N zoning district. A restaurant is listed as a principal permitted use in the C-N zoning district per UDC Table 11-213-2, subject to the specific use standards listed in UDC 11-4-3-49. A drive-through requires approval of a conditional use permit when it's within 300 feet of another drive-through facility, an existing residence or a residential district per 11-4-3-11A.1. In this case, one other drive-through establishment exists within 300 feet of the property—Westmark Credit Union on the lot to the north. There are also existing residences and a residential district within 300 feet of the property to the east(Bridgetower Crossings No. 5 Subdivision). As noted above,the City has already approved a certificate of zoning compliance and administrative design review application for this property. The site design,building elevations, and proposed uses were found to be in compliance with UDC standards. B. CONDITIONAL USE PERMIT(CUP) Conditional use permit for a new 5,826 square foot multi-tenant building with a drive-through for a restaurant on approximately 1.62 acres of land in the C-N zoning district to allow the requested drive- through use within 300 feet of another drive-through facility,residential district,and existing residence. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment. All establishments providing drive- through service are required to identify the stacking lane,menu and speaker location(if applicable), and window location on the site plan.A menu board location should be depicted on the plans. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and the public right-of-way by patrons; The site layout for the proposed building includes a stacking lane that provides queuing space for up to 5 vehicles, which is located before the drive-through window. The drive-through itself starts at the northeast side of the building along the private drive and exits at the northwest side onto the private drive to the north of the property. If there is excessive overflow from the drive-through lane, it will stack onto the private drive to the north or the commercial drive aisle to the east, rather than spilling onto N. Ten Mile Road. The concept plan also shows that the stacking lane is separate from the drive aisles and parking, which allows for easy access to the rest of the development. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from the circulation lanes needed for access and parking. 3)The stacking lane shall not be located within ten(10)feet of any residential district or existing Page 5 residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape lane; and The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed prior to approaching the ordering window and parallels the stacking lane along the north side of the building. 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located starting on the northeast side of the building and ending on the northwest side of the building. The drive-through is visible from N. Ten Mile Road along the north side of the building for surveillance purposes. Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific use standards as required. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49 Restaurant,which requires at a minimum, one(1)parking space to be provided for every 250 square feet of gross floor area(see parking analysis below). The proposed multi-tenant building will include space to accommodate a restaurant and up to two(2)additional tenants upon project completion. Dimensional Standards(UDC 11-2): Development of the site shall comply with the dimensional standards of the C-N zoning district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. A Certificate of Zoning Compliance and Design Review(A-2023-0033)was approved for this project. Access(UDC 11-3A-31: Access is proposed on the site plan from W. Quintale Drive, a private street on the north side of the property, via the residential arterial road to the west(N. Ten Mile Road). Vehicles will enter the site from the west and will either park in the lot in front of the building or continue to the east and enter the drive through along the east side of the property and exit on the north side of the property. There is an escape lane provided just north of the drive through window that exists the drive aisle to the north. Direct access via S. Ten Mile Road is prohibited. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required per 500 square feet(s.f.)of gross floor area, except for the restaurant use which is 250 s.f. as noted above. Based on the 12,266-foot multi-tenant buildings, a minimum of 25 parking spaces are required, if the building were to develop with other uses other than a restaurant. To ensure the site can accommodate other restaurant users staff has evaluated the parking ratio based on the 250 s.f. requirement. If every tenant space in this commercial development were approved as restaurants the site would need to have a minimum of 49 parking spaces.A total of 67 parking spaces are proposed, exceeding both UDC standards. A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G; bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking was reviewed and approved with the plans that were submitted for the certificate of zoning certification and design review application (A-2023-0034). Pedestrian Walkways: The proposed plan includes a 5-foot pedestrian walkway along the southern boundary of the property as mandated by UDC 11-3A-19.B.4. The adjacent property will be required to building the additional 5 feet and the pathway will be shared and maintained by both properties. Page 6 Landscaping(UDC 11-3B1: Street buffer: The 35-foot street landscape buffer along N. Ten Mile Road was constructed with the improvements for the Bridgetower Crossing Subdivision No. 7. Staff recommends that the existing landscaping buffers along N. Ten Mile Road remain in place and shall be protected during construction on the site per UDC 11-3B-10. According to UDC Table 11-2B-3, a 25 foot wide landscaped buffer is required adjacent to residential uses. The adjacent residential use to the east of the property has already incorporated a landscape buffer and sidewalk lining the private drive, which provides additional screening and buffering."Parking lot: Landscaping is required in the parking lot per the standards in UDC 11-311-8C.1. The applicant added a landscape strip along the west side of the parking lot,in front of the parking stalls, with a width of 3 to 4 feet. To accommodate the landscape strip, the parking stalls adjacent to the building can be reduced to 17feet in length and the drive aisles can be reduced to 25 feet in width (see landscape plan below). The Perimeter landscape planter around the building drive aisles (north, south, east, and west)should be 5-feet in width. Per UDC 11-313-8C.2d, each interior planter that serves a double row of parking spaces shall have at least two (2)trees and shall be covered with low shrubs, lawn, or other vegetative ground cover. Trees shall be centered within the planters and provide urban canopy. Deciduous urban canopy trees shall be pruned to a minimum height of eight(8) feet above the adjacent parking areas. The landscape plan shows two planters that serve a double row of parking stalls in which two trees have been added per UDC. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C. Outdoor lighting was approved with the Certificate of Zoning Compliance and Design Review application (A-2023-0034). Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be roof-mount, all equipment should be screened and out of view as noted above. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VII.C. Building materials consist of brick, stucco,metal siding, metal roof canopy, and glazing. Final design was approved through administrative design review(A-2023-0034). Certificate of Zoning Compliance(UDC 11-5B-1 : A Certificate of Zoning Compliance(CZC)was submitted,reviewed and approved administratively(A- 2023-0034). VII. DECISION A. Staff: Staff recommends approval of the Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. Page 7 VIII. EXHIBITS A. Site Plan(date: 6/29/23) a 4 i ,a D ® ar.s" s-m cw7�.arsrsm. 19G'DIdA G'Y 0uy.-1 -Q �EA�IpV1 � I d m PROPOSED BUILDING'B' y ® A 5ffi6 SQ,FT. C � N H 0 ® q Z I. 7 II PROPOSED BUILDING'A' ` wo 5Q,FT - 1 9 0 .. ._. e ¢ ... .......... �i 59,axOcx�0 axIOGETOwEa rxG55�xG S�.oi�iy0x xa-� ARCHITECTURAL SITE PLAN Page 8 B. Lanscape Plan(date: 3/24/23) ww �ZFuz—— .�� •�+S•T6.�•5=,..3C�m�&'S�^�C3ReS'."'�w _.�'�... (IENTITLEN7ENT-NII-111-N ._�. ;� —� oo��m.�� w _ -- m •' NOT WNW km �uk mx5 xc[nLNulYgkSw rrSe rg•.'. _mwrme smmw r� i 1oµon- Z 3 2 � Page 9 C. Bridgetower Marketplace Approved Elevations EXTERIOR FINISH aCHECULLE KEYNOTES E. RIOR SPECIFICATIONS a+ m LLI c c � z 22 H C7 i ooa�nlm....w W s -US, FNfERIOR LEVATIONS e SOUTH ELEVATION L ERIOR FINISH SCH LOU.- KEVNOTEfi ra mm' V w n EXTERIOR P EGIEIGATIONS c c Lu o c O _ W m m � Er fill Lu WW5TELEVATION• • I I I • • _ �'�" SAW mm � 11 Jfl�r3>fYo'+n�fii =R NL NORTH ELEVATION Page 10 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. This project is subject to all current City of Meridian ordinances and shall comply with the previous conditions of approvals associated with this site(AZ-01-003,PP-01-005; CUP-01-006; FP-04-031; RZ-07-022,DA Inst.No. 108059802; A-2023-0034). 2. All mechanical equipment on the building and outdoor service and equipment should be incorporated into the overall design of the building and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. 3. A Certificate of Zoning Compliance and Design Review application was submitted and approved for the proposed use(A-2023-0034). The design of the site and structure complied with the standards listed in UDC 11-3A-19;the design standards listed in the Architectural Standards Manual. 4. The existing landscaping buffers along N. Ten Mile Road to remain in place and shall be protected during construction on the site per UDC 11-3B-10. 5. Compliance with the standards listed in UDC 11-4-3-11—Drive-Through Establishment and standards listed in UDC 11-4-3-49—Restaurant is required. 6. The conditional use permit is valid for a maximum period of two (2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B- 6F. B. PUBLIC WORKS https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=301912&dbid=0&repo=MeridianCity Public Works Non-Plat Conditions https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=301913&dbid=0&repo=MeridianCitE C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orb/WebLink/Doc View.aspx?id=302780&dbid=0&r0o=MeridianCitX Page 11 F. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciby.org/WebLink/Doc View.aspx?id=301919&dbid=0&repo=MeridianCity G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:Z1weblink.meridian cituorq/WebLinVDocView.aspx?id=302652&dbid=0&repo=MeridianCity X. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-N district(see Analysis, Section VI for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff ,finds the proposed multi-tenant building with a drive-through will be harmonious with the uses allowed in the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VI of this report. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds the design, construction, operation and maintenance of the proposed use will be be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff ,finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. Staff ,finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Stafffinds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. Page 12 Staff ,finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). Staff finds the proposed use will not result in the destruction, loss or damage of any such features. Page 13 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Klein Home Addition (H-2023-0037) by Bryan and Carrie Klein, located at 224 W. Cherry Ave. Application Materials: https:Hbit.ly/H-2023-0037 A. Request: Conditional Use Permit to expand the existing non-conforming use which consists of an addition to the existing home to add a fourth bedroom with only one (1) garage parking space instead of the required (2) spaces. 3 PUBLIC HEARING SIGN IN SHEET DATE: August 17, 2023 ITEM # ON AGENDA: 6 3 PROJECT NAME: Klein Home Addition (H-2023-0037) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT 1,H p HEARING August 17, 2023 Legend DATE: lei Proiec= Laca=or TO: Planning&Zoning Commission Ytif=CJiE =LF� FROM: Sonya Allen,Associate Planner a�� 208-884-5533 _ -- SUBJECT: Klein Home Addition—CUP + - H-2023-0037 _ - LOCATION: 224 W. Cherry Ave., in the NE '/4 of _t Section 12,T.3.,R.1W. (Lot 9,Block 2, — LU Fran Meridian Subdivision; Parcel ... #R2917150120) :E t I. PROJECT DESCRIPTION Conditional use permit to expand the existing non-conforming use which consists of an addition to the existing home to add a fourth bedroom with only one(1) garage parking space instead of the required two (2) spaces on 0.11-acre of land in the R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 0.11 acre Future Land Use Designation High Density Residential(HDR) Existing Land Use Single-family home&property Proposed Land Use(s) No change proposed Current Zoning R-4(Medium Low-density Residential) Proposed Zoning NA Neighborhood meeting date 3/23/23 History(previous approvals) Lot 9,Block 2,Fran Meridian Subdivision Pagel 1 1 1 r ti- ■ - ���i ='1=� LPL + r � *' =_ �I•"� + �INS JL IL ilk;i�li�YY���ili ■ 111 r _A r ■ ■i� 4w gal ■ _ � � ■1■■ mil � ii� i•� r�*` ■�I :;:;:;���0� ' • ..ter.:- !' ■ ■ MINN. mL C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 7/26/2023 Radius notification mailed to property owners within 300 feet 7/28/2023 Public hearing notice sign posted 8/7/2023 on site Nextdoor posting 7/31/2023 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as High Density Residential(HDR). The HDR designation allows for the development of multi-family homes in areas where high levels of urban services are provided and where residential gross densities exceed twelve dwelling units per acre. Development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. PROPOSED USE: The property is currently developed with a 3-bedroom single-family home;no change of use is proposed— an addition for a 4t'bedroom is proposed. All of the surrounding area designated HDR on the FLUM was developed with single-family residential detached homes in the early 1970's. VI. STAFF ANALYSIS The Applicant currently has a 3-bedroom single-family home with a single car attached garage on the subject property. The existing use is considered a non-conforming use because it doesn't comply with the off-street parking standards listed in UDC Table 11-3C-6,which requires four(4)parking spaces for 3-and 4-bedroom units,with at least two (2)of those spaces in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad. Per UDC 11-IA-1, a non-conforming use is defined as a use that lawfully existed prior to the effective date of the UDC but that does not now conform to the allowed uses for the district in which it's located—non- conforming parking is deemed a non-conforming use.Non-conforming uses are allowed to continue as long as the use remains lawful and is not expanded or extended as set forth in UDC 11-IB-4; if expanded, approval of a CUP is required. A Conditional Use Permit(CUP)is requested to expand the existing non-conforming use from a 3-to a 4- bedroom unit with substandard parking(see exhibits in Section VIII). The existing covered patio at the rear of the house is proposed to be converted to living area along with an addition totaling 379 square feet. Only one(1) garage space exists with a parking pad for one(1)car in front of the garage; an approximate 13' x 40' gravel driveway exists on the east side of the parking pad/garage which will accommodate parking for two (2)vehicles. On-street parking is also available. The Applicant states that it's not possible to add on to the existing garage due to lot size constraints which would make compliance with the side yard setback Page 3 requirement infeasible. For this reason and because there is adequate area on the site to park four(4)vehicles with on-street parking for guests, Staff is supportive of the request. VII. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit(CUP)with the condition listed in Section IX in accord with the Findings in Section X. VIII. EXHIBITS A. Site Plan(dated: 4/7/23) vvx U sn.0]e Nwa�«.�ro*xe ar,ax.lox°.*.e ay..eaLeNaxe..aLc°n�c,.+�. ��"..�«�.iersaroes��w.�wwvwr�o°eweo.a.,z.ers.cea�•µNoaxw*oro W I'1 ae.o Ewanxs u«e,wlcmx.xennx�e]e.�L�r xenNnexRoex9 o°e •w°rm�e.ox nc.lax xs°xwv,.,wr.�L,e.esw..wv uax,roe �,z J,.` �.�..n..e.xe m.*°woe•.n.we+o�exw..x°�x,. J�y �e���x�Fn, ,.,..•r.�,�wNL.�aeraa�°H,�x.ro° � xnR�swx[u7-I°i�scrFoix£`Ixuu°olw]W[oroR7�LL orNW+•wwwws"oky x[r[xwC+�C° pwz�rs°�veacaoE�so�rr.or wnurwx r�.ocw o°Arnesws[�`iu:.aa�rnr0 q pp°°]p°,wLfx[wnbpL nnpprpurgnwL i0 N Li°xLx/Ly LaAx]epxr mrw0 64vHwOL° [tNE55,oP 5¢F[LC5IN5T15M Rrnx6HlN FNEP�rFLnux Wilx]aFRO LEe6 sr)rotes x nenrte°°x nxr�ixlx er<}R.]uae llgluTOR]w4 ee�nlARC[i Kx o'x� PIpS, x � DE616N CRITERIA w�xRx��m,�m•]�ne�enm:�veaw.�aLmxra c•crnwTo.ncovm°c• b �� ALL WORK TP COMPLY W ITH]0161RL S IELL ear°wixcro +� 9 sad rxv souse ,o-snrvssxor«nrxrwr.ure 1 ADDEt7=OGTPRINI s xarc x.x.>�.�ix"a�+u�.�s Lvx�r�.we.a.ec*�vx ti+osb.e•e..ne• ro°exrr.. � °YdYlw,soq.p�L.axL.rarvrxwawevrt R,.weONm,sNxEwi+paewexe oOAxwrex� RE HlOTA6ETAEL�wa SEE12 POR'LAEIHET.x w�mnoxe]�wasea+�rt�...xr•roan�a.anxrrlawr�.y wgy......e....rc.wa Anna u.ti• cPPRxwlx oorL I FXISTIHG SPHEPJLE IxRPIaaaTIPN rxw.aia�-nlLmcc�s nilasArora_wurslmcoxN]ioro'coxuereox caHrxu,m INLIU[]IH6 HEADER �I Cd'lEFLE�PhTIQ A...xpp°,.ye�ua M ewe w•rv°e wLx°ecm,uweeVl REduIREMEHTS. W N o n r.RaR =='-T11a s"1A:1u.1.7.1 x A=I ,zi �s-lry. emwwevwaevxawsesl` r1°j1i.°�,ws�� wxswu]xL.eux°].•seas I I wc.:L+aa'Mw'.� w A v x. ,s:az�arN `"] e.�`,f�"-.`6.,N�. L••---� — -—APPROX. 10. 589°49'35"W B 51re Pun LEnENo Page 4 B. Building Elevations of Existing Home&Proposed Addition LLJ KLEIN ADDITION µ a ` Y f�c3 IlkLU U Page 5 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F. B. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.orzlWebLinkIDocView.aspx?id=303139&dbid=0&repo=MeridianCity C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.orgJ ebLink/DocView.aspx?id=302202&dbid=0&repo=MeridianCitX D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.orglWebLink/Doc View.aspx?id=302690&dbid=0&repo=MeridianCity X. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-4 zoning district except for the parking requirement, which is considered a non-conforming use and the reason for the conditional use permit, however four(4) off-street spaces are still avaiable on the property (see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use will be harmonious with the Comprehensive Plan and is consistent with the requirements on the UDC, except for the substandard parking, which is the reason for the conditional use permit. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the proposed addition to the single-family home will be compatible with other single- family uses in the general neighborhood and with the existing character of the vicinity and will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Stafffinds the proposed use will not adversely affect other properties in the vicinity. Page 6 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. Stafffinds that essential public services are currently provided to this property and that the use will continue to be served by these facilities. Police and Fire currently provides service to this property. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Stafffinds theproposed use will not create excessive additional costs forpublic facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. Staff finds the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by the reasons listed. 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. Stafffinds 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. 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 Stafffinds the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area. 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. Stafffinds the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards set forth in the UDC as compared to the level of development of surrounding properties because most of the adjacent properties either have no garage or just a carport or single-car garage.Further, the proposed addition does not increase the non-conformtiy as three and four bedroom homes have the same parking requirement. The site still maintains the required off-street parking spaces but does not have the additional garage space required by the parking standards in the UDC. Page 7