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HomeMy WebLinkAbout2024-08-01 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, August 01, 2024 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT Commissioner Brian Garrett Commissioner Enrique Rivera Commissioner Patrick Grace Commissioner Jared Smith Chairperson Maria Lorcher ABSENT Commissioner Andrew Seal Commissioner Matthew Sandoval ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Commissioner Smith, Seconded by Commissioner Rivera. Voting Yea: Commissioner Garrett, Commissioner Rivera, Commissioner Grace, Commissioner Smith, Chairperson Lorcher 1. Approve Minutes of July 18, 2024 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for The Bruery (H-2024-0013) by Ball Ventures Ahlquist (BVA), located at 1184 S. Silverstone Way ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 3. Public Hearing for TMW (H-2024-0018) by Adler Industrial, located at 1085 S. Ten Mile Rd. Approved Application Materials Folder: https://bit.ly/H-2024-0018 A. Request: Conditional Use Permit for warehouse/distribution uses on 15.97 acres of land in the M-E zoning district. Motion to approve made by Commissioner Smith, Seconded by Commissioner Grace. Voting Yea: Commissioner Garrett, Commissioner Rivera, Commissioner Grace, Commissioner Smith, Chairperson Lorcher 4. Public Hearing for The Angels Home Childcare (H-2024-0017) by Desange th Muhawenimana, located at 167 W. Indian Rocks St. Continued to August 15, 2024 Application Requires Continuance A. Request: Conditional Use Permit for an in-home daycare for 6-12 children in the R-4 zoning district. Motion to continue to August 15, 2024 made by Commissioner Garrett, Seconded by Commissioner Rivera. Voting Yea: Commissioner Garrett, Commissioner Rivera, Commissioner Grace, Commissioner Smith, Chairperson Lorcher ADJOURNMENT 6:39 PM --------------------------------------------------------------------------------------------------------------------- To view upcoming Public Hearing Notices, visit https://apps.meridiancity.org/phnotices --------------------------------------------------------------------------------------------------------------------- Meridian Planning and Zoning Meeting August 1, 2024. Meeting of the Meridian Planning and Zoning Commission of August 1, 2024, was called to order at 6:00 p.m. by Chairman Maria Lorcher. Members Present: , Commissioner Maria Lorcher, Commissioner Patrick Grace, Commissioner Enrique Rivera. Commissioner Jared Smith and Commissioner Brian Garrett. Members Absent: Commissioner Andrew Seal and Commissioner Matthew Sandoval. Others Present: Tina Lomeli, Kurt Starman, Bill Parsons and Dean Willis. ROLL-CALL ATTENDANCE _X Brian Garrett X Andrew Seal Matthew Sandoval X Patrick Grace _X Enrique Rivera X Jared Smith X Maria Lorcher - Chairman Lorcher: Okay. Good evening. Welcome to Planning and Zoning Commission meeting for August 1st, 2024. At this time I would like to call the meeting to order. The Commissioners who are present for this meeting are in City Hall and nobody is on Zoom tonight. We have our staff from the city attorney's and the city clerk's office, as well as -- as well as the planning department -- city planning department. If you are joining us on Zoom this evening we can see that you are here. You may observe the meeting, however your ability to be seen on screen and to talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take questions until the public testimony portion. If you have a process question during the meeting, please, e-mail cityclerk@meridiancity.org and they will reply as quickly as possible. If you simply want to watch the meeting we encourage you to watch this on the city's YouTube streaming channel. You can access it at meridiancity.org/live. With that let's begin roll call. Madam Clerk. ADOPTION OF AGENDA Lorcher: Okay. The first item on the agenda is the adoption of the agenda. Angels Home Childcare, File No. H-2024-0017, will be open for the sole purpose of continuing the application. So, if there is anybody here tonight to testify for that application we will not be taking public testimony this evening and it is proposed to be continued on August 15th. Can I get a motion to adopt tonight's agenda? Smith: So moved. Grace: Second. F Meridian Planning&Zoning Commission August 1,2024 Page 2 of 12 Lorcher: It's been moved and seconded to adopt the agenda. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of July 18, 2024 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for The Bruery (H-2024-0013) by Ball Ventures Ahlquist (BVA), located at 1184 S. Silverstone Way Lorcher: Next is the Consent Agenda. We have two items on the Consent Agenda. To approve the minutes of the July 18th Planning and Zoning meeting and the facts and findings and conclusions of law for The Bruery. Can I get a motion to accept the Consent Agenda as presented? Smith: So moved. Grace: Second. Lorcher: It's been moved and seconded to adopt the Consent Agenda. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Lorcher: 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 our Comprehensive and Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond to staff's comments. They will have 15 minutes to do so. After the applicant is finished we will open the floor to public testimony. Each person will be called only once during public testimony. The clerk will call the names individually of those who have signed up on our website in advance to testify. You can come to the microphones in Chambers or you will be unmuted in Zoom. Please state your name and address for the record. 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 our clerk will run the presentation. If you have established that you are speaking on the behalf of a larger group, like an HOA, where others from that group will be allowed to speak on your behalf, you will have up to ten minutes. After all those who have signed up in advance have spoken we will invite anybody else in Chambers who wish -- who may wish to testify. If you wish to speak on a topic you may come forward in Chambers or if on Zoom raise hand button or if you are listening on a phone Meridian Planning&Zoning Commission August 1,2024 Page 3 of 12 please press star nine and wait for your name to be called. If you are listening on multiple devices, such as a computer and a phone, please, be sure to mute those extra devices so we don't experience feedback and we can hear you clearly. When you are finished the Commission -- if the Commission doesn't have any questions for you you will return to your seat in Chambers or be muted on Zoom and no longer have the ability to speak and, please, remember we will not call on you a second time. After all the testimony has been heard the applicant will be given another ten minutes to come back and respond. When the applicant is finished responding to questions and concerns we will close the public hearing for the Commissioners and the Commissioners will have the opportunity to discuss and hopefully be able to make a final decision or recommendation to City Council as needed. ACTION ITEMS 3. Public Hearing for TMW (H-2024-0018) by Adler Industrial, located at 1085 S. Ten Mile Rd. A. Request: Conditional Use Permit for warehouse/distribution uses on 15.97 acres of land in the M-E zoning district. Lorcher: Okay. With that I would like to open the public hearing for Item No. H-2024- 0018, conditional use -- conditional use permit for warehouse and distribution for TMW by Adler and we will begin with the staff report. Parsons: Thank you, Madam Chair, Members of the Commission. Presenting this project on behalf of Ms. Allen tonight. So, the -- the one and only item on the agenda this evening is the Ten Mile West conditional use permit. The applicant is here to talk with you about establishing a warehouse/distribution use on this particular property. The property consists of 15.97 acres of land, currently zoned ME in the city and it's located on the north side of 1-84 in between South Black Cat and South Ten Mile Roads. You can see here the red arrow is highlighting the 16 -- 15.97 or 16 acres of ME zoning here. In 2021 the applicant was here -- a different developer, obviously, but the developer was in front of you with a rezone, a conditional use permit, a subdivision and a DA modification that showed some light industrial uses on this portion of the site. That DA is currently governing the development of this site, but recently Council did approve a DA mod to allow this applicant to move forward with some conceptual warehouse uses on it, consistent with the original DA. I think that the only reason why they modified the DA was just to get further clarification with Council and, then, also allow them to make some modifications to their building designs and also allow commencement of this property before a plat is recorded. So, that was really the topic of conversation for City Council and they agreed with what the applicant presented to them two or three weeks ago, if I'm not mistaken. And, then, we also have a concurrent final plat that staff is processing. So, at some point this property will be subdivided. There will be public street -- public and private streets provided to this development providing access to the site as well. So, you can see here on this particular slide this is the conceptual development plan that was presented -- original application back in 2021 F Meridian Planning&Zoning Commission August 1,2024 Page 4 of 12 and, then, carry forward in their new DA modification recently. You can see here what area is being subject to the conditional use request. The top area -- when the applicant went before City Council they did define which uses would be in certain sections of this particular development and that's why you see those two front buildings grayed out, because they anticipate more flex or ancillary retail to support the other mix of residential and commercial uses that will come online at a future date. So, again, the up -- the site plan here shows warehouse uses between 28,500 square feet and 120,730 square feet, which is consistent with what is desired in the Ten Mile Interchange Specific Area Plan. One other clarification for the record this evening, as well as this particular CUP is going to govern the entire 15.97 acres. Typically it is more geared towards a building or a tenant space. Because this is conceptually approved in a development agreement and in our code we define -- we have a very specific definition for the term abandoned, we wanted to work with the applicant to come up with some condition of approval that would run with the development of this land and not necessarily a specific tenant space. So, to state it in a simpler way, if there is an existing distribution or warehouse use operating in any one of these tenant space -- within the boundary of this acreage a CUP will make -- will remain active and valid, it won't expire, which, again, I think staff is amenable to that condition. We have worked with our city attorney's office and they were comfortable with that language as well. So, I think we are on solid ground there moving forward. As I mentioned to you, this plan is consistent with what's in the development agreement, with all the different moving pieces, timing for improvements could happen either with a certificate of zoning compliance or the final plat application. We have captured that in our conditions of approval as well, but just want to highlight some of the improvements that will -- that will be required with this development. So, you can see here access to this development will be provided along the north boundary here, which is a future collector road that is currently under construction and, then, as part of the final plat application the applicant has -- or is in the process of submitting a private street application, which will provide access along the east boundary and you see that better in the landscape plan or the graphic to the right. So, this will be a private street that provides access not only to this site, but also the property to the east that -- that is held by a different owner and, then, as part of our recommendation and conditions of approval -- and this is similar to the same condition that we gave Farm Store in development to the west -- on the west side of this site, we wanted both of these properties to have cross-access together so that we can minimize accesses to the collector and so the applicant's agreed to that condition as well. So, they will continue -- both of those developers will work on their access plan as they come to the city and submitted their certificate of zoning compliances to us for review. One of the items that we brought up in the staff report was parking. So, if we -- if you saw that in our staff report we noted that based on the square footage that I presented tonight the site is -- or could be deficient approximately 93 stalls. Again, nothing is set in concrete. We don't have anything to really tell you what the actual parking ratio is, except for what you see this evening. It could change in the future. It could increase. It could decrease. But what's important for the Commission to note is buildings can shrink, they can -- they have enough room -- it's an undeveloped site, so they can either meet the parking requirements of the code, which is -- I believe we have called it out as 568 based on the square footage that they need F Meridian Planning&Zoning Commission August 1,2024 Page 5 of 12 or because there is adjacent development around them and they have a good relationship with that developer, they can always seek alternative compliance to either reduce the parking or share parking with adjacent commercial development. So, again, there is options here. We just don't know which way the applicant will go at this time, but, again, they are in agreement with either complying or going through that alternative compliance route to meet the parking requirements. Landscaping for the site at least along the interstate, along the collector road and the private street, we are looking at 50 feet along the interstate. That will include a ten foot multi-use pathway that will be required to be constructed with the development of the site, either with the first certificate of zoning compliance or the final plat. We have -- in the Ten Mile Specific Plan we have very specific street sections or cross-sections for streets and how they should look, so they are going to put in detached parkways, detached ten foot multi-use pathway and, then, some more landscaping on the south side of that ten foot sidewalk along that roadway and, then, along the private streets we require ten feet. We treat them like a local street. So, you can see here the applicant's given you some graphic representation of how that can look and even -- I had a chance to watch the City Council hearing and I know the applicant was there testifying that they are willing to add additional trees along the buffer to help screen some of the -- they got relief from some of the design standards in the plan, but they also agreed to put in more trees to help screen that -- or at least as a way to try to mitigate or for that relief to those design standards. That's why you see the dense trees along Interstate 1-84. So, I'm going to go to the conceptual renderings, because it's easier to see than the one dimensional elevations, but these were the conceptual elevations that were brought up at the City Council hearing and as part of this application. As I mentioned to you, Council did grant them some relief from the Ten Mile Specific Area Plan guidelines. Staff will verify those requirements with a future design review application once they have actual users are constructed on the site. Looking at the public record before coming to tonight's hearing it looks like we did not receive any public testimony on this application. We did receive written testimony -- or written notification from the applicant that they are in agreement with all conditions in the staff report. So, with that staff finds that this is consistent with the plan, meets UDC requirements, provided they can meet the parking requirements and staff is recommending approval. I will stand for any questions. Lorcher: Commissioners, do we have any questions for staff at this time? Would the applicant like to come forward? Please state your name and address for the record. Goede: My name is Will Goede with Adler Industrial. My address is 8665 West Emerald Street in Boise, Idaho. Lorcher: Okay. Thank you. Goede: Does it matter which one of these I use? Lorcher: No. They both work. Meridian Planning&Zoning Commission August 1,2024 Page 6 of 12 Goede: All right Thanks, Bill. Thank you, Commissioners, for your time. A quick background to Adler Industrial. We are the largest industrial developer in the Treasure Valley. We own or manage about 3.8 million square feet of industrial space. About a third of that space is in Meridian across 20 buildings that we have here. We have got six more buildings that are either under construction or in permitting or designed here in Meridian and another 160 acres to get to develop here. So, you may be seeing more of me. Really appreciate the partnership with Meridian. We love the -- love the city, love the location. The center of the valley is an incredible opportunity for industrial and distribution and manufacturing and all the uses that go along with that. A few of the projects that we have under construction right now. We are finishing the Tesla Sales Center, just a little bit northeast of this -- this, project, the Ten Mile West project on Franklin just east of Ten Mile. That should be finished in the next month or so. We have got two more building -- two more flex industrial buildings that are under construction at Ten Mile Crossing. We call them Team X1 and Team X2. And, then, we actually just signed a lease with a contractor for a 20,000 square foot office. It's also going to have 30,000 square feet of industrial space on the back just on the north side of Franklin. So, we have quite a few projects going just a little bit northwest of this one. So, Bill did a good job of giving the project background, but maybe just a little bit more about the different developers involved here and how we are all working together, because it is the -- the Ten Mile plan creates a great mix of uses, but it takes a lot of collaboration with all the different developers of the different asset classes to -- to make it happen. On this one in particular I think that -- I think that, you know, three of the -- in my opinion the best developers for the job are actually working together really collaboratively to make it happen. So, you can see in the site plan here that Adler has the 20 acres on the -- in the southwest portion of the site of the mixed employment zone and -- and that's what we are developing. BVA has the 55 acres to the -- on the southeastern portion of the site. That's a combo of some mixed employment, some commercial and some high density employment. And, then, Corey Barton is developing the residential 40 acres to the north. We are working closely with Cory Barton and with BVA to ensure a cohesive development and a natural progression from the commercial uses there at Ten Mile on the east side of the project and the industrial uses that are over on the west side of the project at Black Cat. Again, Bill mentioned this. A little additional background. So, on the left-hand side here you see the original DA site plan and on the right-hand side you see our current site plan that is very much in line with the -- the original DA site plan with significant landscape buffers around the site. Like Bill mentioned, we applied for a DA amendment seeking a few minor changes that I presented to Council a couple weeks ago and Council unanimously approved. They were supportive of the project and its compatibility with surrounding uses. The approved amendment includes some minor changes to building design, project phasing and it also included a limitation to warehouse and flex use. It's shown in green on this graphic and that limitation was really included in the DA amendment to pave the way for this CUP and to ensure that -- ensure that no job creation potential was lost across the mixed employment area. So, that's the background for the project. Now, moving on to this -- the actual application here. Just like Bill showed, the -- this application is for -- to allow warehouse and distribution in the area shown in orange on this picture. It doesn't include the two buildings on the north-hand side of the project and that's because the 10 Meridian Planning&Zoning Commission August 1,2024 Page 7 of 12 flex use is -- we wanted to use the smaller flex use buildings as a buffer to the residential to the north and respect that -- those buildings. Warehouse and distribution is an allowed use in the mixed employment zone with a CUP. The CUP is in line with our existing DA. The existing DA specifically lists distribution and light manufacturing as examples of the intended uses for this mixed employment zone. Like Bill mentioned, it's also in line with the Ten Mile Specific Area Plan, which encourages a diversity of land uses in the ME zone and encourages flexibility for both small and large national enterprises. The CUP really ensures that we can accommodate both. So, now I'm going to attempt to explain the practical reason why we really actually want the CUP for the development. So, the real reason that we want the CUP is because we want to make sure that businesses can grow without having to move -- without having to move to a different park or move to a different city, we want them to able to grow where they are at. Essentially when a tenant moves in we want them to stay forever. That's our goal as a landlord and we are not -- I mean we develop, but, then, we also own. We are property managers. We are fully integrated. So, we want the tenant to stay for as long as possible. So, to make this happen we need to have the flexibility that this CUP provides to be able to allow the tenants to grow. Let me explain why. So, industrial businesses are made up of a combination of different uses. Typically they have an office component, sometimes a light manufacturing component and, then, storage and distribution are the main functions. So, as those businesses grow the different -- the different areas of their business can grow, but they can grow at different rates. So, often -- and maybe I will explain the graphic here. If I get a lease -- a tenant that wants a space and they want 30 percent office and 70 percent warehouse space and they -- they come to me and that fits perfectly within the flex use that is allowed in mixed employment, so I sign that lease, they move in, business is good, they come to me a couple years later and say, hey, we want to expand, we need more storage and distribution, so we can move more product or -- and our business can grow. Well, the problem is what we see in our experience is typically they don't need to grow their office, they just need to grow their ability to store and move product and so you can see the graphic on the right here, what started out as a 30 percent, 70 percent split, which is allowed with this flex use in mixed employment, all of a sudden now they need more product space and they are out of -- they are out of compliance with the flex use. They only have 20 percent office, now they have 80 percent warehouse, which isn't allowed. This CUP would allow that and would allow them the ability to grow. In case you think that that might be a rare circumstance, just in the last year we have had multiple cases of this. One was a business that's in Meridian at a different one of our buildings. They sell auto racing safety gear and they also provide alterations for this gear. So, helmets, racing suits, gloves, things like that. So, they are -- they have a small office. They have a small -- I call light manufacturing where they -- they provide alterations for the suits. And, then, they have storage and distribution space. And they came to us, they want to expand warehouse and distribution -- the warehouse and distribution area. They don't need to expand their office or their manufacturing areas. So, again, if they were at this park that wouldn't be allowed without this CUP. We have another -- just in the last couple of months in Boise we have a Gelato Manufacturing facility that's almost the exact same thing. Business is growing, which is great and they are growing and they need more space for their -- for their product -- for their ingredients for -- so, that they 11 1 Meridian Planning&Zoning Commission August 1,2024 Page 8 of 12 can produce more. They don't need to expand their -- their manufacturing area, because when they built that they already planned for being able to scale, because that's the expensive part to build. The storage and warehouses is not expensive to build. So, people take what they need and, then, they want to grow from there. So, to sum up, we are requesting warehousing and distribution so that businesses can grow without having to move, with staying in the park, staying in Meridian. The warehouse and distribute -- distribution use is in line with the existing DA. It's in line with the Ten Mile Plan and it's compatible with adjacent uses. We appreciate staff's support. We are in agreement with all staff conditions and agency comments. We will definitely work through the -- the parking issue with CZC and I have got no doubt that we can -- we can work through that issue. And do you have any questions for me? Lorcher: Commissioners, do you have any questions for the applicant? Grace: Madam Chair? Lorcher: Yes. Grace: Thank you for that. I have a couple of questions. I -- I expect they are pretty easy though, so -- what do you -- or what kinds of -- like examples of what kinds of uses or tenants or kinds of activities usually go on in light industrial? Do you have any -- Goede: Yeah. It can be a range from -- like the few that I mentioned, which was Gelato Manufacturing, auto racing gear sales, which would mostly be storage and distribution of product. I mean across our portfolio we have a range of manufacturing. I think JST is one of our tenants in -- they make microchips. That is in Meridian. We have Frito Lay in Boise, who is moving chips -- you know, storing and distributing chips to the valley. So, a combination of things. Grace: Yeah. And I think, yeah, what you are -- and I didn't ask the question very artfully, so I apologize. So, it sounds like it's activities that employ people potentially, you know, groups of, you know, significant amount of people, so -- Goede: Yes. Grace: Yeah. That's what I was -- I should have asked that question probably is what I was -- Goede: Yeah. The manufacturing uses tend to be much higher employment.. Distribution uses are -- I mean there is still definitely employees there. I forget how many Frito Lay has, but I mean 50. Less. So, the -- the reason that the DA amendment included the limitation on flex and warehouse and the other portion of mixed employment is just to make sure that the -- even though warehouse could be potentially slightly less jobs per square foot, that there still is the overall mix of jobs that Council was looking for. 12 Meridian Planning&Zoning Commission August 1,2024 Page 9 of 12 Grace: Last question. On the north side of that map that we saw, that potentially is going to border residential by Cory Barton, those two buildings, do you have any idea or did I miss it or just get clarity on what your -- what you might be thinking for those two? Goede: So, by not applying for a CUP there that means that we couldn't do warehouse and distribution. It means that what is allowed is flex or light manufacturing. So, a flex use requires 30 percent office. So, that could be -- a 30 percent office or showroom. So, that could be like, you know, a tile sales and distributor, they could have a front of house showroom to show off their countertops and tile and have an office component and, then, some storage in the back where they store their countertop slabs. It's just one example. But leaving those buildings as flex requires a higher office-showroom built out, which means that they are much more -- they are just more public facing. They are borderline retail'ish buildings at that point. Grace: A softer transition into the -- Goede: Absolutely. Grace: Okay. Thanks so much. Goede: Yeah. And that was from working with staff and making sure that we were respecting, like I said, the balance of -- of different uses that are all kind of coming together here at this Meridian 118 -- or now we call it Ten Mile West area. Grace: Okay. Thank you. Lorcher: Any other questions for the applicant from Commissioners? Smith: Madam Chair? Lorcher: Commissioner Smith. Smith: Thank you. Just out of curiosity, do you have -- have you considered that -- that parking compliance, those different options? Do you have any idea -- obviously not binding or committing to anything, but do you have an idea of what your intentions might be to -- Goede: I mean I think that -- I think to be honest that -- that I -- I missed that when we did the site plan. Industrial areas typically require one per 2,000 square feet -- one parking space per 2,000 square feet. The mix employment zone requires one per 500, which is like a commercial or retail requirement. So, I missed it on our site plan and Sonya brought it up. I mean I think there is -- Bill outlined a couple of options, which could be -- to work with BVA for some sort of alternative compliance. Obviously what -- what BVA does in their offices tend to have a huge sea of parking out front, because they are -- they are multi-story. Or we can shrink the buildings to make some room for more parking. But I'm confident we can work with staff to define a solution there. F13] Meridian Planning&Zoning Commission August 1,2024 Page 10 of 12 Smith: Thank you. Lorcher: Any other questions? Okay. Thank you very much. Goede: Thank you. Lorcher: Madam Clerk, do we have anybody for public testimony? Lomeli: Thank you, Madam Chair. No one has signed up. Lorcher: Anyone in Chambers? Do you have any -- do you have anything else to add before we close the public testimony? All right. Can I get a motion to close the public hearing, please? Grace: So moved. Smith: Second. Lorcher: At this time it has been moved and seconded to close the public hearing. All those in favor say aye. Any opposed? All right. Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. Lorcher: Any comments about this application? Grace: Madam Chair, I like that, you know, it brings jobs. I like that it's consistent with the original DA. The applicant seems willing to work with all the conditions that have been imposed. The parking, you know, hopefully that gets worked out. That -- that could be interesting and makes sense. You know, I like that it backs up to the highway and that's a buffer to residential and more, you know, recreational and home use type -- type things. So, I think it's a good fit there. Lorcher: Commissioner Grace, I agree with that. To be a buffer along 1-84 -- especially since they were amenable to add more landscaping along that freeway. I lived along the freeway at Black Cat at Vaquero. We had a view lot up there and there was no way to stop that freeway noise. You think you get used to it, but you never do. And so that the Cory Barton -- that's being good -- a good neighbor for Corey Barton's apartments a little bit further down to just kind of create a sound buffer there as well and as we go west towards Black Cat and, obviously, Highway 16 interchange, the -- the scope of what's already happening into the city is that's becoming light industrial, so this kind of fits in. Commissioners, any other comments? A motion? Smith: Madam Chair? Lorcher: Commissioner Smith. 14 Meridian Planning&Zoning Commission August 1,2024 Page 11 of 12 Smith: After considering all staff, applicant -- or staff and applicant testimony I move to approve File No. H-2024-0018 as presented in the staff report with no modifications. Grace: Second. Lorcher: It's been -- it's been moved and seconded to approve File No. H-2024-0018. All those in favor say aye. Any opposed? All right. Thank you. Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. 4. Public Hearing for The Angels Home Childcare (H-2024-0017) by Desange Muhawenimana, located at 167 W. Indian Rocks St. A. Request: Conditional Use Permit for an in-home daycare for 6-12 children in the R-4 zoning district. Lorcher: We have one more item on the agenda. We are going to open it for public hearing to secure a date for continuance. So, can I get a motion to open the public hearing for the Angels Home Childcare, File No. H-2024-0017. Smith: So moved. Rivera: Second. Lorcher: It's been moved and seconded to open the public hearing. Madam Clerk, do we have a date that the applicant is interested in to continuing their application? Lomeli: Thank you, Madam Chair. We -- I do believe August 15th. Lorcher: Okay. It has been moved -- or wait. I guess we need a -- what do we need? We need a motion to approve the continuance. Grace: So moved. Rivera; Second. Lorcher: It's been moved and seconded to continue File No. H-2024-0017 to the date of August 15th. Is that okay? Okay. All those in favor say aye. Any opposed? All right. Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. Lorcher: And we have one more motion for the evening. Grace: Madam Chair, move to adjourn. F15 Meridian Planning&Zoning Commission August 1,2024 Page 12 of 12 Smith: And I will second. Lorcher: It's been moved and seconded to adjourn. All those in favor say aye. Any opposed? All right. We are good to go. Thank you very much. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 6:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 8 15 24 1 MARIA LORCHER - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK F16 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of July 18, 2024 Planning and Zoning Commission Meeting 3 Meridian Planning&Zoning Commission July 18,2024 Page 53 of 53 Seal: It's been moved and seconded to elect Commissioner Smith as the vice-chair of Planning and Zoning. All in favor, please, say aye. Opposed nay? Welcome to the -- welcome to the assistant chair position. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: So, good deal. And I don't know if there is anything that the two of you officially need to do. Maria's already well versed in what needs to happen in pre-meetings and things like that and so I will let her pass that education on to you in your -- your new duties. Kurt, was there something you want to add? Starman: No. Seal: Okay. I saw you hit the button, so I'm quick draw on this one. With that I will take one more motion. Lorcher: Mr. Chair, I motion we adjourn. Smith: Second. Seal: It's been moved and seconded that we adjourn. All in favor, please, say aye. We are adjourned. Thanks everyone. MOTION CARRIED: FOUR AYES. THREE ABSENT. MEETING ADJOURNED AT 8:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED Maria Lorcher, Chair 8-1-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 8-1-2024 F56 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for The Bruery (H-2024-0013) by Ball Ventures Ahlquist (BVA), located at 1184 S. Silverstone Way F57 CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ",A H O DECISION& ORDER In the Matter of the Request for Conditional Use Permit for The Bruery,Located at 1184 S. Silverstone Way in the C-G Zoning District,by Elizabeth Allen,Ball Ventures Ahlquist. Case No(s).H-2024-0013 For the Planning& Zoning Commission Hearing Date of: July 18,2024 (Findings on August 1, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 18,2024, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18,2024,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18,2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 18,2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). The Bruery H-2024-0013 Page 1 F581 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of July 18,2024, 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 a Conditional Use Permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of July 18,2024,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28) days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of July 18, 2024. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). The Bruery H-2024-0013 Page 2 F59] By action of the Planning&Zoning Commission at its regular meeting held on the 1 St day of August ,2024. COMMISSIONER ANDREW SEAL VOTED COMMISSIONER MARIA LORCHER, CHAIR VOTED COMMISSIONER BRIAN GARRETT VOTED COMMISSIONER JARED SMITH VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MATTHEW SANDOVAL VOTED COMMISSIONER ENRIQUE RIVERA VOTED Maria Lorcher,Chair 8-1-2024 Attest: Chris Johnson, City Clerk 8-1-2024 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. 8-1-2024 By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). The Bruery H-2024-0013 Page 3 60 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 7/18/2024 Legend DATE: ElProject Location TO: Planning&Zoning Commission j' •' r _L FROM: Linda Ritter,Associate Planner 208-884-5533 SUBJECT: H-2024-0013 The Bruery- CUP e � LOCATION: 1184 S. Silverstone Way a� r I. PROJECT DESCRIPTION The applicant has applied for a conditional use permit(CUP)to allow a drinking establishment occupying 1,829 square feet within an existing 11,000 square foot shell building in the Eagle View Retail East Building with 5,287 square feet of fenced in outdoor patio area. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.06 acres Future Land Use Designation Mixed Use Regional(MU-RG) Existing Land Use(s) Existing commercial building Proposed Land Use(s) Drinking Establishment Neighborhood meeting date;#of April 22,2024—No attendees attendees: History(previous approvals) Ordinance#719(Annexation);H-2018-0126(Preliminary Plat; DA Inst.#2019-037825);H-2019-0005 FP-2019-0128;H- 2019-0081 (MDA DA Inst.#2019-088365);A-2019-0389 (CZC/DES) Page 1 61 B. Community Metrics Description Details Page Ada County Highway District See Staff Report Access(Arterial/Collectors/State Access will occur from S. Silverstone Way a commercial Hwy/Local)(Existing and Proposed) collector. Existing Road Network Yes Fire Service No comments submitted Police Service No comments submitted Wastewater • Distance to Sewer Existing sewer service Services • Sewer Shed Five Mile Trunkshed • WRRF Declining Balance 13.68 • Project Consistent with Yes WW Master Plan/Facility Plan • Comments • Flow is committed • No proposed changes to public sewer infrastructure within record.Any changes shall be reviewed and approved by Public Works. Water • Distance to Water Services Existing water service • Pressure Zone 4 • Water Quality No • Project Consistent with Yes Water Master Plan • Impacts/Concerns • No changes to public water infrastructure proposed Page 2 62 LegendL Legend UlProject • • • a^7 Project • • • j I k L Is 84 84 O R ERL�4�VD V _ ql 1 IN - . - Legend . . . Project Location —Planned Par els 84 _�� J 84 r` rn IN J i -n�lll- �/ �. �LIC'J ,�.,■ �� 1 Illlllllll�l� i... _ ■�tllllllllllllllll'" �^.9, III. APPLICANT INFORMATION A. Applicant: Elizabeth Allen—Ball Ventures Ahlquist, 1144 S. Silverstone Way, Suite 510,Meridian ID 83642 B. Owner: BVABC Eagle View Retail East Building, LLC— 1144 S Silverstone Way Ste 500, Meridian ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/2/2024 Radius notification mailed to 6/25/2024 properties within 300 feet Site Posting Date 6/20/2024 NextDoor posting 6/25/2024 V. COMPREHENSIVE PLAN(HTTPS✓/WWW.MERIDIANCITY.ORGICOMPPLAN): A. Future Land Use Map Designation(https:llwww.meridiancitE.or /g compplan) Mixed Use Regional-The purpose of this designation is to provide a mix of employment,retail, residential dwellings, and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Sample zoning includes: R-15,R-40, TN-C, C-G, and M-E The subject site is already zoned General Retail and Service Commercial District(C-G). The proposed use will be leasing approximately 1,829 sf within a 11,000-sf building in which the certificate ofzoning compliance and design review was reviewed and approved(A-2019-0385 as part of the Eagle View Retail Landing Complex. This complex was developed with office, medical, hotel, retail, outdoor recreational facilities, residential and now the proposed drinking establishment. The drinking establishment within the larger commercial complex is exactly the type of local neighborhood serving use envisioned by the Comprehensive Plan. Pathways connect this complex to the adjacent neighborhood for better integration. The proposed drinking establishment is a use determined to be appropriate in this zoning district, subject to the specific use standards listed in UDC 11-4-3-10(discussed in specific use standards below). Page 4 64 B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • Create positive,vibrant, and accessible commercial activity centers within the community. (2.09.00) The proposed drinking establishment will be located within an existing building that is surrounded by commercial buildings and residential units. Pathways and sidewalks connect the drinking establishment to the adjacent businesses and neighborhoods. • Preserve private property rights and values by enforcing regulations that will prevent and mitigate against incompatible and detrimental neighboring uses. (3.05.01 C) The conditional use is a process to ensure any impacts associated with a particular use are mitigated. Based on the applicant's narrative, staff is recommending the operating hours of the establishment be limited to Monday through Thursday from 12PM to 9PM, Friday and Saturday from 12PM to IOPM and Sunday from 12PM to 8PM. To further reduce impacts on adjacent residential properties staff recommends a condition of approval that all outdoor seating and events associated with this use be limited to the 5,287 square feet fenced area. • Plan for an appropriate mix of land uses,connectivity, livability, and economic vitality. (3.06.02) As mentioned above, the applicant is proposing the hours of operations for the drinking establishment to be Monday through Thursday from 12PM to 9PM, Friday and Saturday from 12PM to IOPM and Sunday from 12PM to 8PM. Staff has no objection to the proposed hours as UDC 11-2B-3B allows businesses in the C-G zoning district to operate from 6AM to 11PM. This will be a condition of the CUP permit. The building and site design have already been approved through Certificate of Zoning Compliance (CZC)and Design Review(DES)A-2019-0389 and no additional outdoor improvements are proposed with this project other than fencing the outdoor seating area. • 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 site is located within Eagle View Landing Complex, a 73-acre mixed-use development that includes office, hospitality, medical, commercial, and residential uses. Some of the specific uses in the development include Top Golf, Hyatt Place, Houston Hot Chicken, Kiln, ICCU headquarters, and RockBox Fitness. The proposed use will enhance the area by providing additional service to support the live, shop, dine,play, and work. The proposed use includes a tasting room with indoor and outdoor seating, creating an enjoyable space to socialize within the existing mixed-use development. The proposed use is within walking distance of residential, hospitality, and office uses, which will reduce vehicle trips and enhance the overall livability and sustainability of the area. The retail component of the use includes bottles to-go and merchandise for purchase. • Require appropriate building design, and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods. (5.01.02D) Page 5 65 The Bruery will be operated within an existing retail building that has received CZC and DES approval(A-2019-0389)for its building design,parking lot improvements, and landscaping. A new CZC and DES were submitted and reviewed for the outdoor patio area. Staff has reviewed and will approve the CZC with the approval of the requested CUP. No changes to the existing building design or landscaping elements are proposed. VI. STAFF ANALYSIS A. Existing Structures/Site Improvements: The proposed business will be a tenant within the existing Eagle View Landing Retail Building and will occupy Suite 1. This building was approved in 2019 through CZC and DES A-2019- 0389. B. Proposed Use Analysis: The proposed use will be a drinking establishment with a leasing area of 1,829 square feet within an existing commercial building. The leasing area will consist of a tasting area, a private tasting area with barrel racks, a merchandise wall for retail, cold storage, dry storage/janitor, a men's restroom, and a women's restroom. Fencing is proposed along the northern side of the building that circles around the outdoor space. The fenced outdoor uncovered space is approximately 5,287 square feet in size. The drinking establishment will operate Monday through Thursday from 12PM to 9PM, Friday and Saturday from 12PM to IOPM and Sunday from 12PM to 8PM. The proposed use complies with the zoning for the site but is subject to specific use standards as listed in 11-4-3-10. C. Specific Use Standards(UDC 11-4-3): UDC 11-4-3-10 allows drinking establishments with several limitations. A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. B. If a drinking establishment or expansion of such use is located within three hundred (300)feet of a property used for a church or any other place of worship, or any public or private education institution, it may be allowed with the approval of the decision-making body set forth in Chapter 5 of this title. Not within three hundred(300)feet of a property used for a church or any other place of worship, or any public or private education institution. C. A drinking establishment shall not be located within one thousand(1,000)feet of an adult entertainment establishment, as defined in Chapter 1,Article A, "definitions,"of this title. 0 Not located within one thousand(1,000)feet of an adult entertainment establishment D. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3, Article E, "temporary use requirements'; of this title. • Property does not abut a residential district. E. At a minimum, one(1)parking space shall be provided for every two hundred fifty(250) square feet of gross floor area. Upon any change of use for an existing building or tenant Page 6 ■ space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. • There is sufficient parking for the proposed drinking establishment. D. Dimensional Standards(UDC 11-2): This use will occupy a tenant space within an existing commercial building. The development was found to adhere to dimensional standards during the review of Certificate of Zoning Compliance and Design Review which was issued in 2019 (CZC, DESA-2019-0389). E. Access(UDC 11-3A-3, 11-3H-4): Access to this development is via S. Silverstone Way which was approved with the Rackham Subdivision (FP-2019-0128). F. Parking(UDC 11-3C): UDC 11-3C-5B requires one space for two hundred and fifty(250)square feet ofgross floor area. This amounts to seven (7)parking spaces for the 1,829 square feet tenant space and twenty- one(21)spaces for 5,287 square feet of outdoor seating area for a total of twenty-eight(28) parking spaces. One hundred and forty-eight(148)parking spaces for the entire building has already been approved per the Eagle View East Retail Building CZC. The UDC requires 2 bicycle parking spaces for the development; bicycle parking was approved with the CZC and constructed with the development. G. Sidewalks(UDC 11-3A-17) Detached sidewalks already exist along E. Flatiron Lane and adjacent to the building on S. Silverstone Way. There are sidewalks and pathways that connect to the nearby residential and commercial developments in the area. Parkways No parkways are proposed with this project. H. Landscaping(UDC 11-3B): There is an existing landscaping buffer along S. Silverstone Way and E. Flatiron Lane, which was installed with the development of the building and complex. Landscape islands have been installed for approved parking lot and installed for the outdoor plaza area. I. Fencing(UDC 11-3A-6, 11-3A-7): The applicant is proposing to install a four(4)foot iron rod fence for the enclosed outdoor seating area. J. Utilities All utilities for the proposed development are already in place. No additional services are needed. K. Building Elevations The building elevations were approved as part of the CZC, DESA-2019-0389 review in 2019. No exterior work other than installing the fence around the outdoor seating area is being proposed. The fence is being reviewed with CZCA-2024-0048. Page 7 67 VII. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on July 18,2024. 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: Elizabeth Allen.Applicant b. In opposition:None C. Commenting: None 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: a. None 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None Page 8 68 VIII. EXHIBITS A. Site Plan(3/15/24) 1w wn �z �g m w �w J Q I � aZ J a w F- 001-GZG Page 9 69 B. Approved Landscape Plan(CZC, DES A-2019-0389 11/1/19) .n D NunGEMEM .� ,' }'v v[a�uxt�r.EM Q � L-r �MM6 w. .elm XMr CL N s�� � ..M�-vim.•. ��1 TIIPSH RECEPTACLE(WITH SIDE—H URN) �16'BENCH �16'fiACIQESS REHCH Page 10 70 C. Approved Elevations(CZC,DES 2019-0389, 10/31/19) EAGLE VIEW LANDING A a I ❑ c A N SOUTH EAST RETAIL All uov� BA. Tug v� C Uzi cxauNo«�ss C E D G■p �o E Eo 9" �saml E�vAnoN �°a A E A I ❑ J E ❑ G A F H ��ii� g® =� s� n EAST ELEVATION �, 'j�j�'J' V vrae,.,E.r 9ArzReNa¢e B�Eu�� D E ❑ A B G i N G �m ■ [ uME sw Tora �� O a NaRTH EiEVAnaN O1 Page 11 71 D. Floor Plan(3/15/24) Q Q - — — — — ' ----------------r— wo az mg w�x ui w J uj U` W W 7 F w W a m w w a z z g a O d 002-CZC a Page 12 72 E. Site Photos (3/15/24) I AMOMIft f E s _ s wh 4 AN i i Aerial of the Site for the Proposed Drinking Establishment Page 13 73 4 - _ �. ar Y� X _ F s } 1 MEL 169 Overall View of the Area for the Drinking Establishment Page i F 74 . �\ f��«£4L dm , — _ � �� � �# J� ��� � ` �� ����■ ��/ '\ , « . \ — «� § . - ��� \ � � \ . ; . . . . . � a�F Outdoor Area for Patio Seating MEN ly 1 z ` eat, �� y.� s3� v'�!'- _ �i•} A, s LA Parking Lot for the Building in which the Proposed Drinking Establishment will be Located Page 16 ■ " r 1 nor sap f y r sV � - 1 { Overview of the Eagle View Retail Parking Lot IX. CITY/AGENCY COMMENTS & CONDITIONS A. Planning 1. A Certificate of Zoning Compliance(A-2024-0048)for the installation of the proposed fence for the outdoor seating area has been reviewed and approved. 2. Applicant shall comply with all previous conditions associated with development of this site including Ordinance#719 (Annexation); H-2018-0126 (Preliminary Plat; DA Inst. #2019- 037825); H-2019-0005 FP-2019-0128; H-2019-0081 (MDA DA Inst. #2019-088365);A-2019- 0389 (CZC/DES). 3. Outdoor seating and events associated with the use shall be restricted to the 5,287 square foot fenced area shown on the site plan in section VII. Exhibit,Exhibit A. 4. As set forth in UDC 11-213-313,hours of operation shall be restricted to 6:00 a.m. to 11:00 p.m. 5. Parking requirements associated with the drinking establishment shall comply with the commercial parking standards: 1 per 250 square feet of gross floor area. 6. The Applicant shall comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. Page 17 77 7. The Applicant shall comply with the structure and site design standards as set forth in UDC 11- 3A-19. 8. Applicant shall comply with all specific use standards required for a drinking establishment,UDC 11-4-3-10. 9. Protect the existing landscaping on the site during construction,per UDC 11-313-10. 10. Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. 11. The Applicant shall have a maximum of two(2)years to commence the use as permitted in accord with the conditions of approval. If the use has not begun within two(2)years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B-6F. B. Public Works Site Specific Conditions of Approval 1. Owner has signed an agreement that allows removable fence inside the City Utility easement. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). Sewer/water easement varies depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement, 20-25 ft a 40 ft easement, and 25-30 ft a 45 ft easement. Ensure no permanent structures (trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches,light poles, etc.)are built within the utility easement. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement (marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in Page 18 ■ the development,and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 11. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridianciiy.org//public_works.aspx?id=272. 19. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 20. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Page 19 79 Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Ada County Highway District(ACHD) 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way(including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of- way(including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3,the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Public Right-of-Way Accessibility Guidelines(PROWAG)requirements. The applicant's engineer should provide documentation of compliance to District Development Review staff for review. 4. Replace any existing damaged curb,gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 208-387-6280 (with file number)for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE(1-811-342-1585)at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits(spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 208-387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual,ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein.An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction,use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. Page 20 so 12. If the site plan or use should change in the future,ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time.Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. D. New York Irrigation District https://weblink.meridianciiy.orzlWebLinkIDocView.aspx?id=349866&dbid=0&repo=MeridianCity E. Kuna Schools https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=349956&dbid=0&repo=MeridianCib� F. Department of Environmental Quality(DEQ) https://weblink.meridianciN.oEgjEebLinkIDocView.aspx?id=352868&dbid=0&repo=MeridianCiU G. Nampa&Meridian Irrigation District(NMID) https://weblink.meridianciiy.orglWebLinkIDocView.aspx?id=353878&dbid=0&repo=MeridianCity X. FINDINGS A. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The use will be located within the Suite I tenant space of an existing 11,000 square foot shell building that has received Certificate of Zoning Compliance (CZC) and Administrative Design Review(DES)approval(A-2019-0389). The approved configuration with parking, landscaping, and multi-tenant building site has been completed and meets all City requirements.148 parking spaces have been provided to accommodate all uses of the building, exceeding the requirement of one(1)space for every five hundred(500)square feet of gross floor are a for commercial uses and one (1)space for every two hundred fifty(250)square feet of gross floor area for a drinking establishment use. The site meets all dimensional and development regulations in the C-G zoning district. The site is already developed with adequate landscape buffers, setbacks, and parking. 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. The Comprehensive Plan identifies this area for Mixed Use Regional. Providing a mix of employment, retail, residential dwellings, and public uses near major arterial intersections. Integrating a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. A drinking establishment within the commercial development with outdoor seating is the type of commercial use envisioned by the Plan. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Page 21 81 The design of the Eagle View Landing Retail Center was approved in 2019 by CZC and DES A- 2019-0389 and the proposed use is one of the tenants proposing to lease within the center. Hours will be limited to 12PMto and 9PMMonday through Thursday, 12PMto and IOPMFriday and Saturday, and Sunday 12PM to and 8PM on Sunday. The use 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. As mentioned, conditions to reduce impacts include limiting the hours of operation and the amount of area outdoor activities can occur. The proposed use will not adversely affect other property in the vicinity. It will be located within an existing building with indoor and outdoor patio seating on the north side. The north side is buffered from the residential to the south by a road and the southern portion of the building. The outdoor patio seating will be fenced. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. The proposed use will be served adequately by all public facilities and services as the use is within an existing building. 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 should not create any additional costs for public facilities and services as it is within an existing building. The proposed use will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. This proposed drinking establishment will share tenant space within an existing commercial building.Hours of operation will be limited and staff recommends that any outdoor activities be restricted to the fenced area. The proposed use will be located in an area intended to integrate a variety of uses together, including residential, and to avoid predominantly single use developments. The use is appropriate in this location. 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 is unaware of any natural, scenic, or historic features on this site; thus, staff finds the proposed use will not result in damage of any such features. Page 22 82] E K IDIAN:--- iuAn Planning and Zoning Presentations and outline th Changes to Agenda: Item #4: The Angels Home Childcare (H-2024-0018) – The Applicant requests continuance to Aug. 15 due to the proof of sign posting not being submitted to the Clerk within the required timeframe prior to the hearing. Item #3: TMW – CUP (H-2024-0017) Application(s): Conditional Use Permit Size of property, existing zoning, and location: This site consists of 15.97-acres of land, zoned M-E, located north of I-84; between S. Black Cat Rd. and S. Ten Mile Rd. History: There is a DA in effect for this property that governs future development that anticipates this property developing with a mix of light manufacturing (i.e. classified as light industry) and warehouse uses, including distribution. A recent amendment to the agreement was approved but not yet recorded. A final plat application is also being processed. Comprehensive Plan FLUM Designation: Mixed Employment (ME) Summary of Request: The Applicant proposes a CUP for warehouse, including distribution, uses in the M-E zoning district. There are specific use standards in the UDC that apply to warehouse uses; compliance with these standards is required. The proposed use contributes to the mix of land use types desired in the Mixed Employment designation in the TMISAP, which include light industrial uses. The proposed structures are a single-story in height with floor areas ranging from 28,500 to 128,730 s.f., which is within the anticipated ranges for such in the TMISAP. The Applicant proposes the term “abandoned” be applied to the subject area as a whole and not individual sites or buildings within the subject property so if one suite or building is being used for warehouse/distribution, such use shall not be deemed abandoned. Staff supports this request and has included a condition for such. The proposed development plan is generally consistent with the conceptual development plan included in the DA Access is proposed via La Vista Way, a future private street, and W. Grand Mogul Drive to the north. A cross-access easement is required to be granted and a driveway constructed midway along the west boundary of the site for future interconnectivity. Off-street parking is required in accord with UDC standards for commercial districts. Based on the total building square footage (i.e. 283,810 s.f.), a minimum of 568 spaces are required – only 473 spaces are proposed – a minimum of 95 additional spaces are required. The buildings may need to be decreased in size to comply with this standard; alternative compliance to these standards may be requested. Street buffer landscaping should be installed with the subdivision improvements for Vanguard Village; however, if it’s not completed prior to the issuance of the first Certificate of Occupancy within this development, this developer should be responsible for these improvements. A 10’ with multi-use pathway is proposed along the southern boundary in the street buffer along I-84 in accord with the Pathways Master Plan. Building elevations and renderings have been submitted for the proposed structures. The architectural design of the proposed structures is required to comply with the design standards in the ASM, the structure and site design standards listed in UDC 11-3A-19 and the design guidelines in the TMISAP for the Mixed Employment (ME) designation, as applicable. With the recent MDA approval, the applicant was granted relief from some of the design standards in the Plan. Written Testimony: Applicant in agreement with the conditions in the staff report. Staff Recommendation: Approval w/conditions Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2024-0018, as presented in the staff report for the hearing date of August 1, 2024, 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-2024-0018, as presented during the hearing on August 1, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0018 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) h2 Planning & Zoning 2024August 1, Commission Meeting ZoningAerialFLUM v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for TMW (H-2024-0018) by Adler Industrial, located at 1085 S. Ten Mile Rd. Application Materials Folder: https://bit.ly/H-2024-0018 A. Request: Conditional Use Permit for warehouse/distribution uses on 15.97 acres of land in the M-E zoning district. 83 PUBLIC HEARING SIGN IN SHEET DATE : August 1 , 2024 ITEM # ON AGENDA : 3 PROJECT NAME : TMW ( H - 2024 - 0018 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes , please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 8/l/2024 DATE: TO: Planning&Zoning Commission ' FROM: Sonya Allen,Associate Planner 208-884-5533 sallen@meridiancity.org APPLICANT: Adler Industrial _ �'= ;. SUBJECT: H-2024-0018 Legend TMW-CUP = � Project Location LOCATION: 1085 S. Ten Mile Rd., in the SW 1/4 of = Area of Impact - - � Section 15,T.3N., R.1 W. City limits I. PROJECT OVERVIEW A. Summary Conditional use permit for warehouse,including distribution,uses on 15.97-acres of land in the Mixed Employment(M-E)zoning district. B. Issues/Waivers None C. Recommendation Staff: Approval with the conditions included below in Section IV. D. Decision To be determined II. COMMUNITY METRICS Table l: Land Use Description Details Map Ref. Existing Land Use(s)/Proposed Use Vacant/undeveloped/warehouse,including distribution - Proposed Land Use(s) Warehouse,including distribution - Existing Zoning Mixed Employment(M-E) VII.A.2 Future Land Use Designation Mixed Employment(ME)in the Ten Mile Interchange VII.A.3 Specific Area Plan(TMISAP) Table 2: Process Facts Description Details Preapplication Meeting date 4/16/2024 Neighborhood Meeting 5/1/2024 Site posting date 7/19/2024 City of Meridian I Department Report I. Project Overview ■ Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District Error! Reference source not found. • Comments Received Yes - • Commission Action Required No - • Access W.Villaggio Way/Grand Mogul,a collector street - • Traffic Level of Service Unknown - ITD Comments Received No(NA) Error! Reference source not found. Meridian Fire Distance to Station#6:2.4 miles Error! Response Time: 3 minutes Reference source not found. Meridian Public Works Wastewater Distance to Mainline: Will be available at site when IV.A.15 Villaggio/Grand Mogul is extended along north boundary. Impacts or Concerns:No Meridian Public Works Water Distance to Mainline: Will be available at site when IV.A.15 Villaggio/Grand Mogul is extended along north boundary. Impacts or Concerns:No See City/Agency Comments and Conditions in Section IV and in the public record for all comments received. III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The existing development agreement anticipates this property developing with a mix of light manufacturing(i.e. classified as light industry) and warehouse uses, including distribution. The proposed development plan is generally consistent with the conceptual development plan included in the DA, as required. The proposed use contributes to the mix of land use types desired in the Mixed Employment designation in the Ten Mile Interchange Specific Area Plan(TMISAP),which include light industrial uses. The proposed structures are a single-story in height with floor areas ranging from 28,500 to 128,730 square feet(s.f.),which is within the anticipated ranges for such in the TMISAP. The floor area ratio(FAR)of 0.41 (283,810 total gross floor area/696,960 s.£ lot area) is below that anticipated in the Plan; the Plan anticipates that FAR will exceed 0.75. Table 4: Pro aect Overview Description Details History AZ-09-008 Meridian Crossing [Ord.#10-1467,Development Agreement (DA)Inst.#110115738];H-2021-0081 Vanguard Village(MDA,RZ,PP, CUP—DA Inst.#2 022-049 7 799);H-2023-0072 Vanguard Village(MDA —DA is not yet recorded);FP-2024-0012 Vanguard Village No. 1 —FP (not yet approved or recorded) Acreage 15.97-acres Notes:See Error!Reference source not found..Error!Reference source not found.. City of Meridian I Department Report IIl. Staff Analysis ■ B. History and Process There is a development agreement in effect for this property that governs future development (Vanguard Village Inst. #2022-0497799).An amendment to the agreement was recently approved but has not yet been recorded. A preliminary plat was previously approved that includes the subject property; a final plat application has been submitted but has not yet been approved. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): None 2. Proposed Use Analysis (UDC 11-2): The UDC(Table 11-2B-2)lists warehouse uses,which includes distribution, as an allowed use with a conditional use permit in the M-E zoning district; compliance with the specific use standards for such in UDC 11-4-3-42 is required. 3. Dimensional Standards (UDC 11-2): Future development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the M-E zoning district. 4. Specific Use Standards (UDC 11-4-3): 11-4-3-42. -Warehouse. A. Accessory uses allowed. Office not to exceed twenty-five(25)percent and retail sales not to exceed ten(10)percent of the total enclosed area of the use. B. Outside activity areas shall be located a minimum of three hundred(300) feet from any property line adjoining a residence or a residential district. The proposed use must comply with these standards.A floor plan should be submitted with the Certificate of Zoning Compliance application to ensure accessory office and retail uses don't exceed the standard. D. Design Standards Analysis 1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19): Buildings are required to be designed in accord with the design standards in the Architectural Standards Manual. See Section III.D.4 below for more information on design requirements. Because the site is not accessed via 1-84, it's determined not to have street frontage per UDC 11-1A-1,therefore the standards listed in UDC 11-3A-19B.2 do not apply. The proposed development plan complies with the parking lot design standards. Per UDC 11-3A-19B.4, a minimum 5-foot wide pedestrian walkway is required to be provided from the perimeter sidewalk to the main building entrances per UDC 11-3A- 1913.4a. The walkway is required to be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete, or bricks. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets The landscaping within the street buffers along I-84, W. Villagio Way and La Vista should be installed with the subdivision improvements associated with Vanguard Village Subdivision No. 1. However, if they're not completed prior to the issuance of the first Certificate of Occupancy within this development, this developer should be responsible for these improvements as required with the final plat(FP-2024-0012).Review of the City of Meridian I Department Report III. Staff Analysis ■ street buffer landscaping for consistency with UDC standards will take place with FP- 2024-OOIZ Note:Although this site doesn't abut the future extension of Villagio, the larger(soon to be) lot does; therefore, street buffers are required on the larger(future) lot. ii. Parking lot landscaping Parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C. Additional trees are required in the west perimeter buffer(a minimum of 1 tree is required per 35 linear feet); alternative compliance to this standard may be requested as allowed in UDC 11-5B-5. A minimum buffer width of 7-feet is required if wheel restraints aren't provided in abutting parking spaces to prevent vehicle overhang per UDC 11-3C-5B; if wheel restraints are provided,the minimum buffer width is 5-feet— the width of the perimeter buffer is different on the site plan vs. the landscape plan and the buffer along the west boundary isn't depicted in its entirety on the site plan. Shrubs along with lawn or vegetative groundcover are also required in the perimeter buffers. The site/landscape plans submitted with the Certificate of Zoning Compliance should be revised to comply with these standards. iii. Landscape buffers to adjoining uses No residential uses exist or are planned adjoining this site to the west or east;therefore, no buffers are required. iv. Tree preservation There are some existing trees on the southwest portion of this site. The landscape plan includes a tree mitigation schedule that depicts(32)2-inch caliper trees but doesn't include how many caliper inches are being removed; the plan submitted with the Certificate of Zoning Compliance application should include detailed information that demonstrates compliance with the standards listed in UDC 11-3B-IOC.5. v. Storm integration Stormwater integration on the site is required to comply with the standards listed in UDC 11-3B-11 C. vi. Pathway landscaping Landscaping is required along the multi-use pathway within the street buffer along I-84 along the southern boundary of the site in accord with the standards listed in UDC 11-3B- 12C.A mix of trees,shrubs,lawn and/or vegetative groundcover should be provided; the landscape plan should be revised to include shrubs as required. 3. Parking (UDC 11-3C): Off-street vehicle parking is required in accord with the standards for commercial districts in UDC 11-3C-6B.1. Bicycle parking is required in accord with the standards listed in UDC 11- 3C-6G and should comply with the design standards listed in UDC 11-3C-5C. i. Nonresidential parking analysis A minimum of one(1) space is required for every 500 s.f. of gross floor area. Based on the total square footage of the structures(i.e.283,810 s.f.), a minimum of 568 spaces are required; only 473 spaces are proposed—a minimum of 95 additional spaces are required to be provided. The buildings may need to be decreased in size to comply with the parking standards. See UDC 11-3C-7—Parking Alternatives and UDC 11-5B-5— Alternative Compliance for other options. ii. Bicycle parking analysis City of Meridian I Department Report III. Staff Analysis ■ A minimum of one(1)bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces or portion thereof, bicycle parking should be depicted on the plans in accord with this standard along with a detail of the rack that demonstrates compliance with the design standards. 4. Building Elevations (Comp Plan,Architectural Standards Manual): Elevations and renderings have been submitted for the proposed structures, included in Section VII.E below. The architectural design of the proposed structures is required to comply with the design standards in the Architectural Standards Manual,the structure and site design standards listed in UDC 11-3A-19 and the design guidelines in the Ten Mile Interchange Specific Area Plan (TMISAP) for the Mixed Employment(ME) designation as noted in the Application of the Design Elements table on pg. 3-49,unless otherwise modified in the Development Agreement(DA).Note: The most recent amendment to the DA (H-2023-0074) allows a minimum of 8%windows on the frontage (i.e. visible from I-84) and a single plane wall maximum distance of 150 feet without building modulation and included a conceptual site plan and building elevations for the proposed structures. The design elements in the TMISAP applicable to ME designated areas include the following: architecture and heritage (3-32),building form and character(3-37) (i.e. building facades;building heights;base,body and top; and roofs), signs(3-46) and public art(3-47). Architecture and heritage:New buildings are encouraged to incorporate architectural features and details reminiscent of the earlier farming and dairy activities built around 1900 in the area(see pg. 3-32 in the Plan for more information). Due to the industrial nature of the proposed development, it may be difficult to incorporate the type of features desired. Building form and character: The primary facades of the structures include entries into the buildings. Trash dumpsters should be located away from the primary fagade of the building, ideally within a rear fagade, and should be contained within screened enclosures with minimum 6-foot tall walls. Low-rise buildings of 2-4 stories are desired over much of the area—although the proposed structures are only 1-story,they do have a taller form at 41-feet in height(note: The ME designation allows buildings 1-4 stories in height). The base,body and top is defined on the proposed elevations through variations in color, minor step-backs, fenestration patterns and varying parapet heights. Roof equipment, including mechanical equipment, should be screened from view by the parapets. Flat roofs with varying parapet heights are proposed. Signs should be designed to contribute to the overall character, identity and way finding system(see pg. 3-46 for more information). A separate sign permit is required. Public art, in a high quality of design, should be incorporated into the design of streetscapes,public buildings,parks,transit, infrastructure, and other public projects in the Ten Mile area. Because this is an industrial type of use that doesn't include public spaces, Staff isn't recommending public art is provided with this project. 5. Fencing(UDC 11-3A-6, 11-3A-7): Fencing is not depicted on the landscape plan. 6. Parkways (UDC 11-3A-17): Parkways are required to comply with the standards listed in UDC 11-3A-17E. City of Meridian I Department Report 111. Staff Analysis ■ E. Transportation Analysis 1. Access (UDC 11-3A-3): Access is proposed via La Vista Way, a private street(yet to be approved), from the future extension of W. Villaggio Way, a collector street,along the northern boundary of the site; direct access via I-84 is prohibited.A cross-access easement should be granted and a driveway constructed midway along the west boundary of the site for future interconnectivity and access to/from the parcel to the west in accord with UDC 11-3A- 3A.2.An access easement should also be granted to the future lot to the east for use of the private street and interconnectivity between lots. These easements may be accomplished through a note on the final plat or a separate recorded easement. 2. Multiuse Pathways (UDC 11-3A-5): A 10-foot wide multi-use pathway is required as proposed within the street buffer along 1-84 in accord with the Pathways Master Plan and should be constructed with the subdivision improvements associated with Vanguard Village. A 14-foot wide public use easement(10' pathway+2' each side) is required to be submitted for the proposed pathway. 3. Pathways (Comp Plan, UDC 11-3A-8): Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8. A pathway connection should be provided to the adjacent property to the west along the driveway stub for interconnectivity. Sidewalks are proposed adjacent to the private street along the east boundary. 4. Sidewalks (UDC 11-3A-17): Sidewalks are required along all streets as set forth in UDC 11-3A-17. Sidewalks are proposed in accord with UDC standards. 5. Private Streets (UDC 11-3F-4): A private street(La Vista Way) is proposed along the east boundary of the site.A private street application is anticipated to be submitted with the final plat application that's currently in process. F. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): All waterways, except natural waterways, are required to be piped unless used as a water amenity or linear open space, in which case they may be left open as set forth in UDC 11-3A- 6. The Marvin Lateral lies along the south and west boundaries of this site within a 50-foot wide Nampa&Meridian Irrigation District(NMID) easement(20-feet left and 30-feet right) and should be piped. See comments from NMID in Section IV below. 2. Pressurized Irrigation (UDC 11-3A-I S): Underground pressurized irrigation water is required to be provided in each development as set forth in UDC 11-3A-15. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in accord with the adopted standards, specifications and ordinances; design and construction shall follow Best Management Practice as adopted by the City per UDC 11-3A-18. 4. Utilities (Comp Plan, UDC 11-3A-21): All utilities for the proposed development are required to be installed in accord with the standards listed in UDC 11-3A-21. City of Meridian I Department Report III. Staff Analysis ■ G. Special Request The Applicant has requested a clarification to the determination of an abandoned use in regard to the proposed warehouse/distribution use to be included in the conditions of approval for this application. The UDC(11-1A-1)defines"abandoned"as follows, "To cease or discontinue a use or activity for 12 months." The Applicant proposes the term"abandoned"shall be applied to the subject area as a whole and not individual sites or buildings within the subject property(e.g. if one suite or building is being used for warehouse/distribution, such use shall not be deemed abandoned for any portion of the subject area). Note:Light Industry uses are also proposed in this area, which include manufacturing. This use isn't included in this clarification because light industry is a principal permitted use in the M-E zoning district and as such, cannot be deemed abandoned. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. The Applicant shall comply with all previous conditions of approval associated with this development [H-2021-0081 Vanguard Village(MDA,RZ,PP, CUP—DA Inst. #2022- 0497799); H-2023-0072 Vanguard Village(MDA); FP-2024-0012 Vanguard Village No. 1 — (FP)] 2. The proposed use shall comply with the specific use standards listed in UDC 11-4-3-42: Warehouse. 3. Submit floor plans for the buildings with the Certificate of Zoning Compliance application(s) that demonstrate compliance with the maximum square footage of accessory uses (i.e. office and retail sales)allowed in UDC 11-4-3-42A. 4. The site plan and/or landscape plan, as applicable, shall be revised as follows: a. Depict minimum 5-foot wide pedestrian walkways from the perimeter sidewalk to the main building entrances; the walkways shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4. b. Depict parking lot landscaping in accord with the standards listed in UDC 11-3B-8C[a mix of Class II or III trees (I per 35 linear feet)and shrubs,lawn or vegetative ground cover is required].Also, comply with the standards in UDC 11-3C-5B.3, 4. c. Include linear feet of perimeter buffers in the Parking Lot Perimeter Tree Schedule. Note: The width of the western perimeter buffer isn't the same between the site and landscape plans and the full perimeter buffer isn't depicted on the site plan—revise accordingly. d. Include tree mitigation information on the plan that demonstrates compliance with the standards listed in UDC 11-3B-IOCS. e. Include shrubs and lawn or vegetative groundcover along with the trees within the landscape strips along the multi-use pathway within the street buffer along the southern boundary of the site adjacent to I-84 in accord with the standards listed in UDC 11-3B- 12C. f. Depict off-street parking in accord with the standards listed in UDC 11-3C-6B.1,which requires a minimum of one(1)off-street parking space to be provided for every 500 City of Meridian I Department Report IV. City/Agency Comments & Conditions ■ square feet of gross floor area. See UDC 11-3C-7—ParkingAlternatives and UDC 11- 513-5—Alternative Compliance for other options. g. Depict bicycle parking in accord with the standards listed in UDC 11-3C-6G; include a detail of the bicycle rack that demonstrates compliance with the design standards listed in UDC 11-3C-5C. h. Depict a driveway and pedestrian walkway midway along the west boundary of the site for future vehicular and pedestrian interconnectivity and access to/from the parcel to the west(#S1215325450)in accord with UDC 11-3A-3A.2. i. Depict the 50-foot wide easement for the Marvin Lateral along the southern and western boundaries of the site. 5. The design of the proposed structures shall comply with the design standards in the Architectural Standards Manual and the design elements in the Ten Mile Interchange Specific Area Plan(TMISAP)as noted in the Application of the Design Elements table on pg. 3-49 for the Mixed Employment(ME) designation,unless otherwise modified in the Development Agreement(DA).Note: The most recent amendment to the DA (H-2023-0074) allows a minimum of 8%windows on the frontage and a single plane wall maximum distance of 150- feet without building modulation. 6. The landscaping within the street buffers along 1-84,Villagio Way and LaVista should be installed with the subdivision improvements associated with Vanguard Village Subdivision No. 1. However, if it's not completed prior to the issuance of the first Certificate of Occupancy within this development,this developer shall be responsible for those improvements as required with the final plat(FP-2024-0012). 7. The recent modification to the development agreement(H-2023-0074) shall be approved by City Council and recorded prior to submittal of the first Certificate of Zoning Compliance and Design Review application for this site. 8. A cross-access easement shall be granted and a driveway constructed midway along the west boundary of the site for future interconnectivity and access to/from the parcel to the west (#S 1215325450) in accord with UDC 11-3A-3A.2. This easement may be accomplished through a note on the final plat or a separate recorded easement. 9. A cross-access easement shall be granted to the future lot to the east(i.e. depicted as Lot 4, Block 1 on the proposed final plat) for use of the private street and for interconnectivity between lots. This easement may be accomplished through a note on the final plat or a separate recorded easement. 10. A 14-foot wide public use easement(10' pathway+2' each side) shall be submitted for the proposed multi-use pathway within the street buffer along 1-84 prior to issuance of Certificate of Occupancy. Alternatively,this easement may be provided earlier prior to recordation of final plat application for Vanguard Village Subdivision No. 1. 11. The Marvin Lateral,which lies along the south and west boundaries of this site within a 50- foot wide Nampa&Meridian Irrigation District(NMID) easement, and any other open ditches shall be piped as set forth in UDC 11-3A-6. 12. Signage for the proposed development should be designed to contribute to the overall character, identity and way finding system in accord with the TMISAP(see pg. 3-46 for more information). A separate sign permit is required. 13. For the purpose of determining an abandoned use in regard to the conditionally approved warehouse/distribution use on the subject property,the term"abandoned" shall be applied to City of Meridian I Department Report IV. City/Agency Comments & Conditions ■ the subject property as a whole and not subareas of the subject property or individual buildings. For example, if at least one(1) suite or building is being used for warehouse/distribution, that shall be deemed continued warehouse/distribution use for the subject property as a whole, and such use shall not be deemed abandoned for any portion of the subject property Note:Light industry uses, which include manufacturing, are principally permitted in the district and as such, cannot be determined an abandoned use. 14. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted and approved prior to submittal of building permit applications for this site. Building permits may be issued prior to recordation of the final plat;however,no Certificates of Occupancy shall be issued prior to recordation of the final plat for the lot on which the building(s)is located,per requirement of the most recent amendment to the DA(H-2023-0074). 15. 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 within two (2)years from the date of approval of the subject conditional use permit; or apply for a time extension prior to that date as set forth in UDC 11-5B-6F in order for the conditional use permit to remain valid. Other Agency comments may be accessed in the project file,included in the public record. City of Meridian I Department Report IV. City/Agency Comments & Conditions ■ V. FINDINGS A. Conditional Use(UDC 11-5B-6E) The commission shall base its determination on the conditional use permit request upon the following: l. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Stafffinds the site is large enough to accommodate the proposed use and meet all dimensional and development regulations of the recommended M-E zoning district. However, the size of the buildings may need to be decreased in size to comply with the minimum off- street parking standards. 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 warehouse use, which includes distribution, use will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IV of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds the design, construction, operation and maintenance of the proposed use should be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Stafffinds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section IV of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures, refuse disposal,water,and sewer. Stafffinds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 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. Stafffinds the proposed use will not result in the destruction, loss or damage of any such features. City of Meridian I Department Report V. Findings ■ 9. Additional findings for the alteration or extension of a nonconforming use: This finding is not applicable. 10. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. 11. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. VI. ACTION A. Staff: Staff recommends approval of the proposed CUP application and finds it in conformance with the Comprehensive Plan, specifically the TMISAP, and the UDC with the conditions included in Section IV. B. Commission: Pending C. City Council: Pending City of Meridian I Department Report VI. Action ■ VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial • , Big Legend Project Location . Area of Impact dit 2. Zoning Map WE TN-R C-N RUT 72 M1 R-8 U _ R-15 R-40 TN-C C-C C-G • I-L 0 H' E Legend R1 1V1=E Project Location TN-R Area of Impact R-2 R=8 n I I R�4� City of Meridian I Department Report VII. Exhibits ■ 3. Future Land Use Mixed ployme'nt Civic � m 0 —Low-Density Employment MU Com High Med=High,_Density Residential Density MU-Res ' Residential' Commercial Density Employment Low Density Legend ential 0 Project Location Area of Impact m Y Residential MU-N r ilr-1 O 4. Planned Development Map �a Q Legend Project Location _:" City Limits Planned Parcels P" Area of Impact City of Meridian I Department Report VII. Exhibits ■ B. Service Accessibility Report PARCEL S1215427850 SERVICE ACCESSIBILITY Overall Scare: 25 17th Percentile Location In City Limits GREEN Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 1DO yrfloodplain or > 2 acres GREEN Emergency Services Fire Response time > g min. RED Emergency Services Police Meets response time goals most of the time GREEN Pathways V ithin 1/4 mile of current pathways GREEN Transit Within 1/4 mile of future transit route ='E--a'.', Arterial Road Buildout Status Ultimate configuration(#of lanes in master streets GREEN plan) matches existing (#of lanes) School Walking Proximity From 1I2 to 1 mile walking ='E--OV School Drivability Not within 2 miles driving of existing or future school RED Park Walkability No park within walking distance by park type RED Ig Repart gerem?d on U-2&EM4 by M.iERID1A%T-&31& City of Meridian I Department Report VII. Exhibits ■ C. Site Plan(date: 12/19/2023) r i _ I I�i� r I.IwrM � fll r- I I ii'13LC4YN�.-mac aS:c._aari I Will I I I X - r 1 — y City of Meridian I Department Report VII. Exhibits ■ D. Landscape Plan(date: 6/11/2024) ,- ,=Q -ram %�0GO-7 i C a iE i i 7 ..L. r l 1 pp it .J ^ F W %I °u VII•.airs.. a._.... O,r L-01. City of Meridian Department Report VII. Exhibits 0 III I 1 i I I I I I I I I I I I I 1 I I .I 1 I � I I I I I I I A- 1101 I I I I I _ 1 I I I I I I I I I I I I I I I I I I � I 1 I 1 I 1 � I I I I f i I I I I I I I i I I 1 I' I 1 1 I I 1 1 I TEN MILE WEST LANDSCAPE PLAN RENDERING I City of Meridian Department Report VII. Exhibits Fl-oo E. Building Elevations(date: 8/21/2023)&Renderings ROIFR M 110�H. ---------------- PA FRONT ELEVATION A,WHITECTUE RSUPIUPA. -- Ev N. -------------------------- ----------- - --------------- ----- M---------------------- -1 SIDE ELEVATION SIDE ELEVATION ................ 2� T .......... —------------- - ------------ - - ------ ------------ REAR ELEVATION Nat'.12-5:5-:77 AL & in A6 M011 City of Meridian Department Report V11. Exhibits 101 I ELI �. c Runs WU Now U a men i 4 l .AWLy .. ,....:�. �ulfl _'1np"A `s. I 1 [rh � Yr t City of Meridian Department Report VII. Exhibits Fl 02 E IDIAN;--- Applicant Presentation TEN MILE WEST August 1, 2024 CUP– LEGEND ADLER BACKGROUND 160 acres 1,100 acresUNDEVELOPED)Bldgs380,000 sf (6 1,000,000 sf UNDERWAY)Bldgs1,200,000 sf (20 3,800,000 sf OWNED OR MANAGEDMERIDIANTREASURE VALLEY CURRENT PROJECTS IN MERIDIAN PROJECT 20 acres–Adler -55 acres–BVA -40 acres–-developed by 3 Developers115 acres that will now be The Meridian 118 DA covers PROJECT BACKGROUND CURRENT SITE PLANDA SITE PLAN CUP APPLICATION CUP APPLICATION.”national or regional enterprisesup businesses, as well as sites for large -for small, local or startflexible sites “Mixed Employment areas should provide a variety of …...”diversity of compatible land uses“The purpose of the Mixed Employment areas is to encourage a AREA PLANSPECIFIC THE TEN MILE intended uses for the Mixed Employment zoneWhich lists “distribution & light manufacturing” as examples of OUR EXISTING DA LINE WITH:-THIS CUP IS IN ENSURING BUSINESSES CAN GROW QUESTIONS? TRAFFIC CURRENT SITE PLAN 16,000 SF + 698,000 SF21,500 SF +6129,000 SF9,500 SF–4,750 4(2) x 28,500 SF7,600 SF–3,800 4(2) x 22,800 SF TENANT SIZETENANTS# OF BUILDING SIZE I84 LANDSCAPE BUFFER-