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2018-01-04 Meridian Planning and Zoning Commission Meeting Agenda – Thursday, January 4, 2018 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, January 4, 2018 at 6:00 p.m. 1. Roll-call Attendance __X__ Lisa Holland __X__ Steven Yearsley __O__ Gregory Wilson __O__ Ryan Fitzgerald __X__ Jessica Perreault _O___ Bill Cassinelli __X__ Rhonda McCarvel – Chairperson 2. Adoption of the Agenda Adopted as amended 3. Consent Agenda Approved A. Approve Minutes of the December 21, 2017 Planning and Zoning Commission Meeting B. Findings of Fact and Conclusions of Law for Approval for Track Utilities Expansion (H-2017-0141) by Lance Rackham Located at 305 W Franklin Road 4. Action Items A. Public Hearing Continued from December 21, 2017 Meeting for Summertown Subdivision (H-2017-0142) by 745 W Ustick, LLC Located at 745 W Ustick Road Continued to February 15, 2018 1. Request: Annexation and Zoning of 15.13 Acres of Land in the TN-R Zoning District B. Public Hearing for Escape Room (H-2017-0155) by Samuel Marvin, LMP Enterprises, Located at 2959 S Meridian Road, Suite 100 Approved 1. Request: Conditional Use Permit Approval to Operate an Indoor Arts, Entertainment and Recreation Facility in the L-O Zoning District MERIDIAN PLANNING AND ZONING COMMISSION MEETING AMENDED AGENDA Meridian Planning and Zoning Commission Meeting Agenda – Thursday, January 4, 2018 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. C. Public Hearing for Caven Ridge Estates West (H-2017-0156) by New Cavanuagh, LLC, Located on the East Side of South Meridian Road, South of East Victory Road Recommend Approval to City Council with Modifications – Scheduled for February 6, 2018 1. Request: Rezone of 15.68 Acres of Land from the R-8 to the R-15 Zoning District; 2. A Preliminary Plat Consisting of 67 Buildling Lots and 9 Common Lots on 14.42 Acres of Land in the R-15 District 3. Amendment to the Development Agreement to Modify the Conceptual Development Plan to Include More Building Lots for the Development of Patio Homes on the Portion of the Site West of South Standing Timber Way D. Public Hearing for Winco Wells Subdivision (H-2017-0153) by Dan Zimmerman, TAIT and Associates, Located at 2600 East Overland Road Recommend Approval to City Council – Scheduled for February 6, 2018 1. Request: Preliminary Plat Approval Consisting of 7 Building Lots of 18.75 Acres of Land in the C-G Zoning District E. Public Hearing for Turf Farm Subdivision (H-2017-0149) by Brighton Investments, LLC, Located off the Northeast Corner of South Eagle Road and East Lake Hazel Road Continued to January 18, 2018 1. Request: Preliminary Plat Approval Consisting of 120 Building Lots and 11 Common Lots on 35.35 Acres of Land in the R-8 Zoning District. 5. Amended onto Agenda: Modifications to the Accessory Use Permit Checklist by the Planning Division Approved 6. Amended onto Agenda: Election of Commission Officers Rhonda McCarvel – Chairperson Jessica Perreault – Vice Chairperson Adjourned at 7:21pm Meridian Planning and Zoning Meeting January 4, 2018. Meeting of the Meridian Planning and Zoning Commission of January 4, 2018, was called to order at 6:00 p.m. by Chairman Rhonda McCarvel. Members Present: Chairman Rhonda McCarvel, Commissioner Steven Yearsley, Commissioner Jessica Perreault and Commissioner Lisa Holland. Members Absent: Commissioner Bill Cassinelli, Commissioner Gregory Wilson and Commissioner Ryan Fitzgerald. Others Present: C.Jay Coles, Andrea Pogue, Bill Parsons, Sonya Allen and Dean Willis. Item 1: Roll-call Attendance __X____ Lisa Holland ___X___ Steven Yearsley __O___ Gregory Wilson ___O___ Ryan Fitzgerald __X___ Jessica Perreault ___O___ Bill Cassinelli ___X___ Rhonda McCarvel - Chairman McCarvel: Good evening, ladies and gentlemen. At this time I would like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning Commission on January 4th, 2018. Let's begin with roll call. Item 2: Adoption of the Agenda McCarvel: Okay. The first item on the agenda is the adoption of the agenda. We have several changes. Item A, Summertown, H-2017-0142, has asked to be continued, as well as Item E, Turf Farm, H-2017-0149. Turf Farm Subdivision. Those two items have asked to be continued and they will be open only for the purpose of continuing them. So, if there is anybody here tonight to testify on those particular applications , we will not be taking testimony today. And, then, we do have two additions to the agenda . Mr. Parsons would like to present modifications to the acces sory use permits checklist and we will have election of officers for 2018. Can I get a motion to adopt the agenda as amended? Perreault: So moved. Yearsley: Second. Meridian Planning & Zoning Commission January 4, 2018 Page 2 of 35 McCarvel: It has been moved and seconded to adopt the agenda as amended. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 3: Consent Agenda A. Approve Minutes of the December 21, 2017 Planning and Zoning Commission Meeting B. Findings of Fact and Conclusions of Law for Approval for Track Utilities Expansion (H-2017-0141) by Lance Rackham Located at 305 W Franklin Road McCarvel: Next item on the agenda is the Consent Agenda and we have two items on the Consent Agenda. We have approval of minutes for December 21st, 2017, and Item B, Findings of Fact and Conclusions of Law for approval for Track Utilities Expansion. All those -- can I get a motion to adopt the Consent Agenda? Perreault: Madam Chair, I make a motion to adopt the Consent Agenda. Yearsley: Second. McCarvel: It has been moved and seconded to adopt the Consent Agenda. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: At this time I will briefly explain the public hearing process for this evening. We will open each item individually and, then, start with the staff report. The staff will report their findings regarding how the item adheres to our Comprehensive Plan and Uniform Development Code, with the staff's recommendations. After the staff has made their presentation, the applicant will come forward to present their case for approval of their application and respond to any staff comments. The applicant will have 15 minutes to do so. After the applicant has finished we will open with public testimony -- open to public testimony. There is a sign-up sheet in the back as you entered for anyone wishing to testify. Any person testifying will come forward and be allowed three minutes and there is a timer on the screen at the podium, so you can keep track of your time. If they are speaking for a larger group, like an HOA, and there is a show of hands to represent that group, they will be given up to ten minutes. After all testimony has been heard, the applicant will be given another ten minutes to have the opportunity to come back and respond if they desire . After that we will close the public hearing and the Commissioners will have the opportunity to discuss and hopefully be able make a recommendation to City Council. Item 4: Action Items Meridian Planning & Zoning Commission January 4, 2018 Page 3 of 35 A. Public Hearing Continued from December 21, 2017 Meeting for Summertown Subdivision (H-2017-0142) by 745 W Ustick, LLC Located at 745 W Ustick Road 1. Request: Annexation and Zoning of 15.13 Acres of Land in the TN-R Zoning District McCarvel: So, at this time I would like to open and actually continue the public hearing for Item H-2017-0142 for Summertown Subdivision. They have requested a continuance to January 18th, 2018, in order to provide additional information to staff . Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: I make a motion -- McCarvel: Well, let's open it and discuss it. This is the third continuance on this. Yearsley: Okay. McCarvel: So, if the applicant is -- I will go ahead and open it. Make a -- Yearsley: Oh, we don't need a motion. McCarvel: We don't need it -- okay. Yearsley: I thought we were just going to continue. My apologies. McCarvel: At this time -- is the applicant here? Okay. I would recommend, since they were on our agenda December 1st, December 21st, and now January 2nd and they have asked for January 18th, does staff feel that the 18th is adequate or do we want to push that farther out? Parsons: Madam Chair, Members of the Commission, as you mentioned, this is the third continuance. Staff is still waiting on additional items in order to complete their staff report and provide a recommendation to you. At this time staff doesn't feel that we will get that information in enough time to generate a staff report for you for the next hearing date. So, it would be our recommendation that we either bump them out a month, either to the first hearing in February, which is February 1st, or February 15th. It's also within your purview, since this is the third continuance, to have the applicant pay renoticing fees and get a new public hearing sign up. We have multiple neighbors here in the audience that keep asking me questions before the hearing as to why this project isn't moving forward and I think it is prudent that we require they renotice this project, have them come back on February 15th, we will renotice it in the paper, get that -- get the Meridian Planning & Zoning Commission January 4, 2018 Page 4 of 35 clerk what they need and, hopefully, by that date in February we will have the information in order to provide our staff report and a recommendation to this Commission. McCarvel: So, with that being said -- Yearsley: I -- Madam Chair? McCarvel: Yes. Yearsley: I agree. If we have got people in the audience that have been coming for the last three times, it's not fair to them to have to do that and getting turn down. So, I agree with staff's recommendation to go to February 15th and have them renotice and the caveat that after the 15th we may even consider denial based on lack of progress, just because of the things that we are seeing. So, that is my recommendation. McCarvel: Okay. So, could I get a motion to continue the public hearing for H-2017- 0142, Summertown Subdivision, to February 15th and require that the applicant renotice and follow all renoticing protocol. Yearsley: I move we recommend -- or I make a motion to continue file number H-2017- 0142, to the hearing date of February 15th and require the applicant to renotice and re- sign and pay for the additional fees associated with that. Perreault: I make a second to the motion. McCarvel: It has been moved and seconded to continue Item H-2017-0142 to February 15th. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. E. Public Hearing for Turf Farm Subdivision (H-2017-0149) by Brighton Investments, LLC, Located off the Northeast Corner of South Eagle Road and East Lake Hazel Road 1. Request: Preliminary Plat Approval Consisting of 120 Building Lots and 11 Common Lots on 35.35 Acres of Land in the R-8 Zoning District. McCarvel: And the other item that requested a continuance tonight is H-2017-0149, Turf Farm Subdivision, requesting continuance to January 18th in order to work with staff on changes to the plan. Could I get a motion to continue that? Perreault: Madam Chair, I make a motion to continue the public hearing for Turf Farm Subdivision, H-2017-0149 to January 18th, 2018. Meridian Planning & Zoning Commission January 4, 2018 Page 5 of 35 Yearsley: Second. McCarvel: It has been moved and seconded to continue H-2017-0149. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. B. Public Hearing for Escape Room (H-2017-0155) by Samuel Marvin, LMP Enterprises, Located at 2959 S Meridian Road, Suite 100 1. Request: Conditional Use Permit Approval to Operate an Indoor Arts, Entertainment and Recreation Facility in the L-O Zoning District McCarvel: Okay. Finally at this time we would like to open H-2017-0155, Escape Room, and we will begin with the staff report. Allen: Thank you, Madam Chair. The first item before you tonight is a request for a conditional use permit. This site is located at 2959 South Meridian Road, within the Strada Bellissima development, zoned L-O. Adjacent land use and zoning. To the north are office uses, zoned L-O. To the west are single family residential homes in the Strada Bellissima Subdivision, zoned R-4. To the south are more offices zoned L-O. And to the east is South Meridian Road, State Highway 69, and a nursery zoned C-G. The Comprehensive Plan future land use map designation for this property is office. The applicant requests approval of a conditional use permit to operate an indoor recreation facility in a 4,467 square foot tenant space in an existing building in the L-O zoning district. The purpose of the facility will be for team building and corporate exercises for the purpose of teaching people to work together. It will also be open to the general public as well. The proposed hours of operation are Monday through Wednesday, 1:00 p.m. to 9:00 p.m., but by appointment only. Thursday through Saturday from 1:00 p.m. to 10:00 p.m. and closed on Sundays. The yellow zoning district restricts hours of operation from 6:00 a.m. to 10:00 p.m. Access is provided to the site by a driveway from local streets to the north, West Maestra Street, and to the south, West Galvani Drive. Direct access via South Meridian Road is prohibited. Parking is shared between all of the tenants in this development and does meet UDC standards. Street buffer and parking lot landscaping exists on the site in accord with UDC standards. No written testimony was received on this application and staff is recommending approval with the conditions in Exhibit B of the staff report. Staff will stand for any questions. McCarvel: Okay. Any questions for staff? Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Meridian Planning & Zoning Commission January 4, 2018 Page 6 of 35 Yearsley: Sonya, do you know if the other buildings on either side are -- are occupied at this time? Allen: Commissioner Yearsley, I am not certain. Yearsley: Okay. Thank you. McCarvel: Okay. Would the applicant like to come forward. And please state your name and address for the record. Richmond: My name is Casey Richmond. My address is 1272 West Deercrest Drive in Meridian. McCarvel: Okay. Do you have any presentation for us or are you just he re for questions? Richmond: Just here for questions, ma'am. McCarvel: Okay. Any questions for the applicant? Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: I kind of find this -- you know, the -- what you are proposing is kind of unique and just a couple of quick questions. What size of groups are you looking? Are you looking -- not understanding the -- what you're proposing, but you're looking at bringing in teammates for group building. What size groups are you propose -- planning to have? Richmond: There could be two different sets of groups. One if a company comes in we are looking at -- because we are going to have three escape rooms. Each one will be -- one will be bigger and they have got a couple of smaller ones. We are looking at anywhere between 20 and 25 participants between all three of our escape rooms for team building and, then, of course, for -- with it being open to the public we are going to -- each room will be separate and people can sign up for whichever escape room they want and so the biggest room being anywhere between ten and 12 people and they can -- you know, a couple people can sign up and, then, we will leave it open to add two more people. So, basically, strangers could be working with strangers -- Yearsley: Okay. Richmond: -- trying to figure this all out. Meridian Planning & Zoning Commission January 4, 2018 Page 7 of 35 Yearsley: Now, are you looking to plan -- having all escape rooms running at the same time, because that's a lot of people to be trying to park at this facility and my concern is it spilling over into the other spaces is my concern. Richmond: Most of the time you're going to find most people do not come in separate cars, so even if we were at maximum capacity we are not expecting more than probably maybe eight to ten cars, because you're going to have, you know, people coming in as groups together, whether it be, you know, dates or just a group of friends coming out and also due to the hours that we are going to be running most of the businesses in the complex will already be closed. Yearsley: Okay. All right. That's all I have. Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: Back to that parking question. So, how many spaces are dedicated to this particular unit and are they shared with the photography studio? Richmond: Yes, they are. Perreault: Okay. Richmond: The party spots are. And the -- I am not sure. We can get back with you on that. I am -- I'm not sure between -- ten parking spots? Okay. Somebody else does. Perreault: It's ten dedicated spaces to that unit? Richmond: Yes, ma'am. Yearsley: Do you know if there is any overflow parking beyond just what they are showing here on the site plan? Richmond: In that area? Not that I'm aware of. Is there any overflow parking? McCarvel: You need to come forward to the mic, so -- Richmond: Sorry. McCarvel: -- we can get it -- get it on the record. And, please, state your name and address for the record. Marvin: Michelle Marvin. 320 West Cub Street, Meridian, Idaho. 83642. McCarvel: Okay. Meridian Planning & Zoning Commission January 4, 2018 Page 8 of 35 Marvin: So, most of the parking is just within that parking spot , but there is some parking along both -- let's see. I'm not sure what the street is, but it's the one that's perpendicular or parallel to Victory Road and, then, also it's perpendicular to Meridian. So, just kind of on the outside of this parking space , but the majority of the parking is within this large parking lot. McCarvel: Okay. Thank you. Any other questions? All right. Thank you. Richmond: Thank you. McCarvel: So, we have Kelly, Casey, and Michelle signed up, you have just spoken and nobody else -- is there anybody else in the room who wishes to speak on this application? Okay. Okay. So, at this time could I get a motion to close the public hearing for Item H-2017-0155, Escape Room. Yearsley: So moved. Perreault: Second. McCarvel: It has been moved and seconded to close the public hearing on H-2017- 0155. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: I think this just sounds fun. You know, I'm thinking -- it's kind of all that shared parking and everything, but I think it's the same kind of setup, you know, you deal with just a little farther north, you know, with the curb and that kind of -- you know, it's all overflow and they all end up having to share those parking spots. I don't think it sounds like it will be too intrusive. Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: My guess is that a good majority of -- of the time people will be there will be after business hours or at least the larger groups will be after business hours and probably won't conflict with the other professional offices that are in that facility. Yearsley: No. I would -- Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: I agree. I -- you know, starting the 1:00 to 9:00 or -- you know, their hours is not too bad. So, I think we will be okay and so I'm in favor of it. Meridian Planning & Zoning Commission January 4, 2018 Page 9 of 35 Holland: Madam Chair? McCarvel: Commissioner Holland. Holland: I don't see any concerns either. It sounds like there is adequate parking nearby and with the hours of operation I don't see any concerns. McCarvel: With those comments are we ready for a motion? Perreault: Absolutely. Madam Chair, after considering all staff, applicant, and public testimony, I move to approve file number H-2017-0155 as presented in the staff report for the hearing date of January 4th, 2018, with no modifications. Holland: Second. McCarvel: It has been moved and seconded to approve H-2017-0155. All those in favor say aye. Opposed? Motion carries. Congratulations. MOTION CARRIED: FOUR AYES. THREE ABSENT. C. Public Hearing for Caven Ridge Estates West (H-2017-0156) by New Cavanaugh, LLC, Located on the East Side of South Meridian Road, South of East Victory Road 1. Request: Rezone of 15.68 Acres of Land from the R-8 to the R-15 Zoning District; 2. A Preliminary Plat Consisting of 67 Building Lots and 9 Common Lots on 14.42 Acres of Land in the R-15 District 3. Amendment to the Development Agreement to Modify the Conceptual Development Plan to Include More Building Lots for the Development of Patio Homes on the Portion of the Site West of South Standing Timber Way McCarvel: At this time we would like to open the public hearing for H-2017-0156, Caven Ridge Estates. I apologize. Is that Cāven or Căven? Allen: I believe it's Căven. McCarvel: Căven. Sorry. I apologize. We will begin with the staff report. Allen: Thank you, Madam Chair, Members of the Commission. The next applications before you are a request for a rezone, preliminary plat and there is also a development agreement modification, but it does not require Commission action, only City Council approval. This site consists of 14.42 acres of land. It's zoned R-8 and it's located on Meridian Planning & Zoning Commission January 4, 2018 Page 10 of 35 the east side of south Meridian Road, State Highway 69, south of East Victory Road and just south of the Ridenbaugh Canal. Adjacent land use and zoning. To the north is multi-family residential and single family residential uses, zoned R-15 and R-4 respectively. To the east is South Standing Timber Way, a collector street, and single family residential uses in Caven Ridge Estates East, zoned R-8. To the south is vacant undeveloped land, zoned R-8, and to the west is South Meridian Road, State Highway 69, agricultural properties zoned RUT in Ada county and single family residential uses, zoned R-8. This property was originally annexed back in 2006 and included a preliminary plat that has since expired. The proposed subdivision layout is very close to what was previously approved for this property. The Comprehensive Plan future land use map designation is medium density residential, which is three to eight units per acre. The applicant requests Council approval of an amendment to the existing development agreement, as I mentioned previously, to include an updated conceptual development plan as shown, which includes 20 more building lots than was previously proposed. The concept plan on your left is the existing plan that's in the development agreement. The plan on the right is the proposed concept plan. And, as I said, this request does not require action from the Commission. A rezone of 15.6 acres of land from the R-8 to the R-15 zoning district is proposed for the purpose of obtaining reduced side yard setbacks from five feet to three feet . The proposed street frontages and lot sizes are consistent with that required in the R-8 district. A preliminary plat is proposed as shown that consists of 67 building lots for single family residential detached homes, some of which are proposed to be patio homes , and nine common lots on 14.42 acres of land. The minimum lot size is 4,448 square feet, with an average lot size of 5,716 square feet. The subdivision is proposed to develop in four phases as shown. Access is proposed via a local street from South Standing Timber Way. Direct lot access via Standing Timber and South Meridian Road, State Highway 69, is prohibited, except for emergency access. A 35 foot wide landscape street buffer is required along South Meridian Road, an entryway corridor. Segments of the city's multi-use pathway system are required within the street buffer along Meridian Road and along the north boundary of the site adjacent to the Ridenbaugh Canal. And those pathways are shown here in the thicker line here. There is a segment of the city's multi-use pathway on the adjacent property to the north along Meridian Road, but there is an approximate 40 foot long section that is missing and staff is recommending as a provision of the development agreement that the applicant construct this off -site improvement as a provision of the rezone. And I will just flip back here. So, that would be in this section right here, if you can see where my pointer is. A total of 15.5 percent qualified open space and site amenities, consisting of two segments of the city's multi- use pathway system and internal pathways are proposed in accord with UDC standards. This development will also be allowed to use the amenities in Caven Ridge East to the east of this site across Standing Timber Way. Conceptual building elevations are proposed as shown. The applicant has stated that all of these homes will fit on 40 foot wide building footprints. There has been no written testimony submitted on this application. Staff is recommending approval with conditions. Staff will stand for any questions. McCarvel: Any questions for staff? Meridian Planning & Zoning Commission January 4, 2018 Page 11 of 35 Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: I noticed on the staff report in the preliminary plat section 4-3, there were several changes that staff had requested the applicant to make and I'm wondering if any of those have been made or what kind of consideration we should be taking with these requested changes. Allen: Chairman, Commissioner Perreault, Commissioners, and those are all covered in the conditions of approval in the staff report. So, as long as you're in agreement with those, that's the requirements going forward. Perreault: Okay. Allen: Staff has not received a response from the applicant, though. So, they can address whether or not they are in agreement with those conditions. Perreault: Thank you. McCarvel: Anybody else? Okay. Would the applicant like to come forward. Shrief: Good evening. I'm Wendy Shrief with JUB Engineers and my business address is 250 South Beachwood in Boise. 83709. And for the most part we are in agreement with the staff report. Sonya has been great to work with. She always is. I think we have a better product thanks to Sonya's attention to detail and working through things with us. I have a couple of things I wanted to bring up and I will just sort of kind of brush over what -- what we are applying for. This is a property with existing R-8 zoning. We are applying for a rezone for R-15 zoning. We meet all the dimensional standards for the R-8 zoning. This is -- we are just requesting a reduced side yard setback because of the type of homes we are putting in and this kind of relates to the DA modification where we are requesting -- originally this was going to be a traditional single family development. We are going to be doing patio homes, marketed towards, you know, seniors, empty nesters, busy professionals. So, those are going to be homes where -- that tend to be single story and it's a different footprint that's needed and for some of those home builders it's really advantageous to have that three foot setback. It gives you the ability to put more square footage on the lot. So, that's where we are going in and requesting just that reduced side yard setback with the R-15 zoning. We meet all dimensional standards -- the density standards for the rezoning and we are adjacent to some R-15 dwelling units to the north. With our development agreement modification there was a concept plan that was originally approved as a part of the existing development agreement and we -- Sonya went through and counted our lots and we are adding lots from what was originally on that concept plan. We still meet the Comprehensive Plan designation for the area. Still meet the R-8 zoning density, but because we are proposing some of these smaller patio home lots , we are requesting to add some additional lots. I think that will be discussed at Council, but it kind of ties in Meridian Planning & Zoning Commission January 4, 2018 Page 12 of 35 with our reduced side yard setback that we are requesting in the R-15. We are propose -- this will be a high end, single family subdivision. It's a different type of footprint and a different type of housing stock here for Meridian and I think it's -- it's probably a good thing to add to the mix to have homes that are marketed towards -- towards active seniors and professionals and a little different from what you see in north Meridian. I think it's good to have this -- this product mix out here in south Meridian. Two things I wanted to address we brought up for the staff report. So, the first one -- and I don't know if you want to put a site plan up, Sonya, but where we are going to be putting in -- and I just sort of wanted to clarify this for the conditions. Where we will be putting in the noise attenuation, it will be a combination of a berm and a wall along Meridian Road. We -- we just wanted to clarify where exactly this is going to be located. We have a -- there is a conflict. There is an existing property, Mussell, down here. Sonya is pointing to it -- where there is an existing access point that we can't move. It's an existing access point on Meridian Road and we most likely will be using that as our emergency access. So, we will not be able to do -- do the berm or have the fence extend to that access point for the Mussell property. And, then, to the north I just wanted to clarify with Sonya whether we needed to do the noise attenuation along Lot 27. It's an open space lot. We are good with the berm. We prefer not to put the wall up there. What do you think, Sonya? McCarvel: Sonya, your mic is not on. Allen: Excuse me. I believe the UDC requirement is for the sound attenuation wall adjacent to a residential development. I believe. So, we can double check that, Wendy, but -- Shrief: Okay. Allen: -- whatever the code will probably be what applies, but -- Shrief: Chairman, Commissioners, yeah, we will meet the code. If there was any flexibility where that's not a residential lot, we didn't think it made as much sense to have that wall and, then, noise attenuation next to what's going to be an open space lot, but we will meet the code. Then I also wanted to address -- and it wasn't -- I don't think specifically spelled out in the conditions, but where staff is requesting we do the pathway extension to the north of the site, that's an off-site improvement. I always want to have the caveat if approved by the neighboring property owner , because we -- we don't have any control over that, so we need to make sure that that neighboring property owner is an agreement, because we -- we don't have jurisdiction over that property to the north or that pathway extension. Is there an existing easement, Sonya, that would make it to the pathway to the north? Allen: Madam Chair, in response to the applicant's question, there is not an existing easement. We would have to include that as part of your pedestrian easement. Meridian Planning & Zoning Commission January 4, 2018 Page 13 of 35 Shrief: So, that -- Sonya, that would -- Chairman, Sonya, that would be as a part of -- we would secure that easement from the neighboring property owner ? Allen: Yes, if it is on their property. I believe it's in the right of way in that area, so it would probably be a license agreement with ITD. Shreif: Okay. And as long as -- as long as the neighboring property owner is willing, we -- we haven't met with them, so I assume it will be fine, but I just -- I wanted to have the -- the caveat in there if -- if neighboring property owner is willing. Allen: Yes. And in response to the applicant's earlier question about -- or comment about not doing a sound attenuation wall adjacent to the common area on Lot 27, Block 1, staff would be okay with just doing the berm requirement in that area and not the wall. The berm is required to be ten foot high measured from the adjacent center line . But yes. If Commission wishes to approve that, I would ask that you make that modification to the staff report. Shreif: So, Chairman and Commission, I guess if we could have the option -- I don't know if in that area if we could -- because we are going to be doing a four foot berm , six foot wall on the remainder of that -- that area, so I don't know if we could fit in a ten foot tall berm in the area. But we are going to have -- combined it would be six foot four -- plus four foot. Allen: You will just have to meet the code requirements . Shrief: Okay. We will meet the code requirements. Allen: The wall we can not require that on that piece, but, otherwise, it has to meet code requirements. McCarvel: Well -- and I appreciate the conversation going back and forth. I know this was a tight week with the holidays -- Allen: It was. I apologize. McCarvel: The staff report came out last night at 5:00, so -- Allen: Yeah. Shrief: Thank you, Chairman, Commissioners, we have talked a lot -- McCarvel: But we didn't talk about that yet. Allen: We will get it nailed down. McCarvel: Okay. All right. Meridian Planning & Zoning Commission January 4, 2018 Page 14 of 35 Shrief: Yeah. We will definitely meet code for that. McCarvel: Okay. Any other questions for the applicant? Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: Block 27 is an open space lot. What are you anticipating that lot to be, because it really doesn't have great access, except through a common driveway, which -- so, I'm just kind of curious what -- your thoughts on access and how that's supposed to be handled. Shrief: So, Chairman, Commissioners, that will also -- that will be accessible through -- we think from off -- from Meridian Road. It serves a function as sort of a drainage lot. We will, of course, meet Meridian standards where it won't look like it's a drainage facility, but that's kind of the key reason for that being there in that location, was to take drainage for that part of the site. It will be I guess a great amenity for those lots, 25, 26, and 28 -- 28 up there, but it is -- I mean it is -- it is an unusual lot. It can be accessed off Meridian Road and through that common drive. And the common drive is also centrally located in case we need to get in and do maintenance on those drainage facilities, we will be able to do it through -- though that common drive. But it's a critical location over there. McCarvel: Please don't speak from back there. They can't get you on the record from back there. Shrief: Chairman, Commissioners, I don't know if Brady Lasher wants to -- Brady is part of the development team for this project. McCarvel: We just wanted to get his comments on the mic. Shrief: He was commenting it's also accessible from -- from the Ridenbaugh Canal. We will be putting in a pathway, a ten foot multi-use pathway along the Ridenbaugh Canal and that runs along the northern edge of that open space lot. McCarvel: So, if the grandkids need to go play somewhere, they can run down the pathway and access that open space there. Shrief: Correct. McCarvel: And I just -- I did want to make note -- you said the -- I think I read the density is still just a hair under five units per acre , so we are still -- the density is still really in that R-8 zone, it's just those lots that back up that you're after, the R-15. Meridian Planning & Zoning Commission January 4, 2018 Page 15 of 35 Shrief: And I think a number of projects have come through where they -- they have requested the same side yard setback and sometimes that's sort of, you know, you need to maybe look at the code change when you have a lot of people comin g in and requesting a very specific dimensional -- or rezone for dimensional standard. But it's -- and it's perfectly suited to patio home developments to have that reduced side yard setback. We would, of course, work with the fire department and building department on the type of eaves that could extend in or not extended into that reduced side yard setback. McCarvel: Any other questions for the applicant? Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: I'm sorry, I have another clarifying question about that Lot 27. So, you said that it -- what it sounds like is that the homeowners would need to go through the pathway, which is Lot 16, and walk across the canal path to get to Lot 27, because they won't be coming through any kind of access on the common drive Lot 26. Shrief: Chairman, Commissioner, they will be accessible both -- both from Meridian Road and through the micropath, Lot 16, and the path along the Ridenbaugh Canal. Perreault: And that will primarily be used as a drainage area, but it will be grass I assume? Shrief: Yes. It will be -- it will be grass and landscaping, but it's -- it does get used for drainage we need in that area. Perreault: So, then, are you considering Lot 16, Block 3, to be the primary com -- you know, usable open space for the homeowners? Shrief: Chairman, Commissioners, yeah, that will be an open space area and I think for kids playing kickball, Lot 27 is probably better for active open space for kids , as long as you have parents out there, but this is -- this is immediately adjacent to Caven Ridge East. They are part of the same HOA and they will be using their open space and facilities. Perreault: And what kind of amenities or open space do they have in Caven Ridge? Shrief: In Caven Ridge? I think I will have Brady jump up here and talk about that, but it's a pool and clubhouse -- McCarvel: Please state your name and address for the record. Meridian Planning & Zoning Commission January 4, 2018 Page 16 of 35 Lasher: Brady Lasher. My address is 3234 North Maple Stone Avenue, Meridian. 83646. So, East has a -- we have a park in East and it's got a pool, it's got a pool house. We have walking paths all throughout as well, so, yeah we will be able to have access. Everybody on West will be able to access that as well. Perreault: And there are walking paths from -- from West to East -- Lasher: Yeah. Perreault: -- across -- across Standing Timber? Lasher: Yeah. The Ridenbaugh Canal goes across there and we will have -- that will connect, basically, both projects together, so -- Shrief: And Caven Ridge East, Chairman, Commissioners, is currently under construction. The final plat has been approved. So, it's -- it will be built out by the time Caven Ridge West starts construction. Perreault: How many phases to the East have been completed? Is it -- Lasher: One is complete and two and three -- well, yeah. Phase -- I guess it's -- yeah. The center one, the big blue one, has been complete. The yellow and, then, the dark green one are being completed right now. They should be finished up in about March. Perreault: And the clubhouse and the pool are phase one. Lasher: Yeah. Perreault: Okay. Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: So -- and this may be a moot point, but it's showing a phase four that you are using a temporary turnaround and easement on through somebody else's property or is that your property as well? I'm just wanting to make sure that that's acceptable to the adjacent property owners to have a turnaround on their facility. Shrief: So, Chairman, Commissioners, there are actually a couple ways to deal with the emergency access once we get to -- to phase four. We are in conversation with -- with Mussell. We have approval to -- tentative approval through ITD to access -- emergency access from -- to Meridian Road through the Mussell property and, then, we have an alternative access, which would be to work with that neighboring property owner. So, we have, basically, secured both options just to keep them both -- Meridian Planning & Zoning Commission January 4, 2018 Page 17 of 35 Yearsley: Okay. Shrief: But we do have tentative approvals from ITD for the -- for the Meridian Road emergency access. Yearsley: Okay. McCarvel: Okay. Any other questions? Thank you. Shrief: Thank you very much. McCarvel: At this time I will open to the public testimony and I believe Wendy's already spoken. Is there anyone else here that would like to speak on this application ? Okay. There being no testimony and I believe we have asked the applicant all questions, can I get a motion to close the public hearing on Item H-2017-0156? Perreault: So moved. Holland: Second. McCarvel: It has been moved and seconded to close the hearing on H-2017-0156. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: Would anyone like to start and think out loud? I think it looks like an interesting product and -- yeah. Although they have added lots, they are still within, obviously, the R-8 zone, it's just the R-15 that they are adding to -- asking to add and I think having the accessibility and being part of the HOA to the next property to have all those amenities with those homes looks nice. Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: I'm kind of torn with the -- with the offset requirements that we have. Those -- it will be a sea of homes. There is really no break and that's the concern that I do have with that, especially to the residents to the north , because I think they sit a little higher than everybody else that it will look like one big long continuous home and I'm -- you know, because of that and, you know, it's a pretty big change from what they had initially planned. I'm not quite sure how I play on this one yet, so -- McCarvel: Okay. Yearsley: -- I would be curious to what others think. Meridian Planning & Zoning Commission January 4, 2018 Page 18 of 35 Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: I am in some agreement with Commissioner Yearsley. I'd like to see a little break, especially on that north side, and I'm not a big fan of how they have set up the common areas. I realize that there might be access to the other parts of the neighborhood -- the parts of the east side. However, I -- this is a different product than what is being built on the east side and probably different needs, different uses for those homeowners and so I think, you know, as we have talked about in the past, using a common area as drainage and, then, still trying to say that -- you know, that it's going to be used for recreational space, I think we have run into challenges with that -- or concerns about that as a Commission. I personally would like to see one of these lots on the north side be common area space as well, even though they technically meet the minimum requirements. It seems like that would make sense to me. McCarvel: No. We have closed the public hearing. Sorry. Yearsley: I have a tendency to agree. Did you have a comment or were you going to -- okay. McCarvel: Yeah. I would -- I would normally -- I would like to see at least that common area kind of receive the same berming and noise reduction, because that doesn't do much good -- I mean to have that all open for that Lot 28 and 25 and 24. They are going to get that noise coming around that corner. But I would normally be opposed to that lack of open space if it weren't for that they were so close to the pool and the clubhouse and all the other things. But it is a long row of houses. You're right. Yearsley: Well -- and I think with that, too -- and I don't know, maybe you could address the marketability of these. Is that typically who buys these? Because, really, there is -- there is no yard in this facility, so they are going to need additional space for open space. So, you're putting a huge demand on what was previously approved and done and, you know, you're adding 20 additional lots on top of that and so I would think that I almost consider the -- the two lots, 24 and 25, be considered part of that open space almost and make that a little bit bigger. Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: My guess -- and we didn't ask the applicant this. My guess is that there will be some sort of small strip of grass behind the homes within there and that they will be fenced and separated from each other based on -- if it's similar to other patio home projects in Meridian. So, they may have a small area of their own in the back that they would use. But -- but my -- you know, if we -- if we are going to consider the amenities and open space in the other part of the subdivision on the east side, then, you know, do Meridian Planning & Zoning Commission January 4, 2018 Page 19 of 35 we have adequate parking for these additional -- you know, if they are going to -- does that development have adequate parking to supply the amenities to this section and, you know, is that going to be a concern of -- are the homeowners in the east side aware that the homeowners on the west side are going to be using those facilities? So, I would like -- I would like to see the common areas change, adjusted, whether that's, you know, opening up 24 and 25 or putting in another area somewhere in the middle. Again, just -- just a preference based on what we have seen in the past. McCarvel: So, are you recommending continuing and having them come back with something else or -- Yearsley: You know, I struggle with the R-15 zoning. From five to a three, that's -- a three foot setback, that's really close. I don't know if -- I don't think that that fits -- I understand that this is supposed to be a patio home type situation, but given where it sits with most everything else, three feet on each side. So, you're twice that. So, I mean that's -- your homes are like -- you could reach out and shake hands with your neighbor and for this type of facility I'm not sure if I would -- I like the zoning. I don't think it's an appropriate zone to have an R-15 zoning with this -- McCarvel: For the patio homes. Yearsley: For the patio homes. Yeah. Holland: Madam Chair? McCarvel: Commissioner Holland. Holland: Do we have an idea of how much open space was eliminated between the first original proposal and this current one that we are looking at? McCarvel: Sonya, do you have -- yeah. Do we remember which of those lots were open space, Sonya? They were just bigger lots, weren't they? Allen: Yeah. Chair, no, I do not. I believe that the concept plan on the left there reflected what was originally approved with the Cavanaugh Subdivision back in '06. The applicant did mention to me that they would be willing to reduce their request, basically, for the R-15 zoning to half of the property -- McCarvel: Say that again. Allen: -- difference. Right now they are requesting a rezone for all of the property to R- 15. They said they would be amenable to only doing approximately half of the property with R-15, if that makes a difference. McCarvel: So, I'm guessing they want to keep it -- they are wanting to keep that strip of little ones -- Meridian Planning & Zoning Commission January 4, 2018 Page 20 of 35 Yearsley: Well, my opinion is if we do that it would be in front of the -- the apartments and not in front of the homes -- McCarvel: Yeah. Yearsley: -- is what I would think you would end up on. Like the phase -- the back phase. McCarvel: Uh-huh. Yearsley: And I think the biggest thing with the open space is we are going from a medium size lot with more yard to a very small lot with very little yard and that's the concern that I have. McCarvel: Yeah. You're looking at going with these lots where all of that open space there on the south was part of somebody's fenced yard. Yearsley: Yeah. McCarvel: So, you have just got -- Allen: Madam Chair, if I may interrupt. If it comes down to the Commission voting to deny the plat based on the rezone request, the applicant is willing to withdraw the request for a rezone to R-15. As is the lots comply with the R-8 standards. Perreault: Madam Chair? I also have the same concerns as Commissioner Yearsley regarding those three foot setbacks. I don't -- I don't know what the regulations are requiring -- regarding, you know, the fire department and that kind of thing, but it's -- I -- you know, I'm in real estate, I haven't seen really -- or I can't think off the top of my head any other areas where even patio homes are set that close together . There may be. I don't know if the staff has an example of a development where that exists. Parsons: Madam Chair, Members of the Commission, I do have plenty of examples for you. One is right off of South Meridian Road called Sobie Subdivision. It's right by -- there is an elementary school behind it and that developer built everything to that three foot setback and, typically, with those style of developments their lots were a lot narrower than these. I will go on the record and say that. They were only 38 foot wide lots, where these are still 50, which is larger than what you can get in an R-8 zoning district. But what that developer did is they built skinnier homes, so they went vertical, but what they also did is also granted the property owner to the left or right a -- an easement to use the other three feet, so you -- that person lives to the right or the left and gets a little wider side yard. That's kind of the intent or what I have seen with my experience with the reduced setbacks. But those homes do not have eaves. So, when they come into the building department, in order to -- there is a couple ways you can get around it. One you -- those eases have to be fire rated, meaning they have to meet Meridian Planning & Zoning Commission January 4, 2018 Page 21 of 35 building code standards in order to get eaves, which adds cost to construction. So, in that particular case that developer probably found that out and said we are not going to do eaves and decided to build these tall skinny homes without any eaves . Now, I can tell you they don't look the best from my professional opinion and there has been -- there is roughly four of those developments occurring right now, but they have been very successful. They seem to be selling those homes, but that's -- but they are -- these applicants, they are proposing to do the fire rate eaves, as she testified here this evening, but just for your information we do have three or four of those developments occurring now that are taking advantage of those three foot setbacks. But, again, it's meant to dedicate that additional three feet to your neighbors or they can use it as a side yard. I don't -- I don't believe that was the proposal by this applicant. McCarvel: Sonya, did I hear you say they are -- they are really on five foot setbacks anyway? Did I hear that right? That they are already currently -- Allen: Madam Chair, what I said was that the current lot areas -- lot sizes and street frontage dimensions -- everything complies with the UDC standards for the R-8 district. The only reason they are requesting R-15 is for some of the lots to have a three foot setback. They said they are okay with removing that rezone request if it's a deal breaker with the plat. McCarvel: But they could still use the current plat and keep it R-8. Allen: Yes. McCarvel: Okay. Allen: It complies with our dimensional standards. Yearsley: I will -- and let me back up. I live next door to Sobie and it looks horrible. The no eaves and the lots are really close together and it is just a sea of homes. It is not a great looking subdivision. It is selling, because it is actually probably lower than most of the other homes around the neighborhood , so people wanting to live in the area, you know, they can't afford to, can live there. And the other way they got around it is they ended up doing joint homes where they have the two homes split, so -- to make it look a little bit better. And, again, I don't know if that's an appropriate use in this subdivision as well. I don't know. I think I would be amenable to approve it without the R-15 zone. McCarvel: Yeah. That's kind of where I was leaning after staff comments that I think -- just to keep things clean and neat we leave off the R-15, but the plat itself and the product I think with the five foot setback is probably a better solution than having -- dividing it up. Yearsley: Yeah. Meridian Planning & Zoning Commission January 4, 2018 Page 22 of 35 McCarvel: -- and saying here and there. Yearsley: And I guess for -- a question to Council. Where this is altogether, how do we -- or I guess do we make that recommendation and put the condition that it not be rezoned? Is that how we make that motion? Okay. Allen: Madam Chair, I would recommend, with the city attorney's agreement, that either the applicant officially withdraw the request for a rezone or you make an official recommendation on that rezone request. McCarvel: Okay. So, we will come -- Yearsley: So, if the applicant -- I guess the question is the applicant officially withdraws that rezone, do we have to continue it for them to make that request or -- okay. Allen: I believe, Madam Chair, that you need to reopen the public hearing -- McCarvel: Reopen the public hearing. Allen: -- and have them officially withdraw their application -- Yearsley: Okay. Allen: -- and, then, close the public hearing and make your recommendation. McCarvel: So, before we do that let's clear -- the other issue the applicant had, in case we have questions for them on this -- on that berm for the common lot. If you could bring that plat back up on the Lot 27 out there, they were wanting to just have the berm and not the wall. Did we find out what the code is on that? Allen: Madam Chair, the code says that you berm or a berm and a wall combination. It has to be -- McCarvel: Ten foot. Allen: -- ten feet from the center line of the adjacent street. Yearsley: I -- Madam -- or Madam Chair? I -- I agree. I think it needs to be a berm and a wall. It needs to meet the code and a four foot berm is not appropriate, especially for kids trying to play there, you get a better buffer for where the Meridian Road -- how busy it is and it also -- McCarvel: I think it would just look odd. Yearsley: Yeah. So, no, I agree. Meridian Planning & Zoning Commission January 4, 2018 Page 23 of 35 Perreault: Madam Chair, I apologize, perhaps I missed the applicant's reasoning to not want to do that. Yearsley: Because it was behind any homes. Perreault: Because -- McCarvel: Yeah. Yearsley: It wasn't adjacent to any home. Perreault: Oh, I see. McCarvel: They are not -- technically they are not protecting any noise from there, which is the reason -- Perreault: I understand. McCarvel: -- for the code, but I just think the -- esthetically -- and I think it would help block out the noise for all those homes right there in that corner. Perreault: I agree. McCarvel: All right. Then at this time can I get a motion to reopen the public hearing on Item H-2017-0156 for Caven Ridge. Yearsley: So moved. Perreault: Second. McCarvel: It has been moved and seconded to reopen the public hearing on H-2017- 0156. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: Would the applicant like to come forward. Shrief: Chairman, Commissioners, Wendy Shrief again. So, we will formally withdraw our request for the R-15 zoning and we will try it again on another project, but thank you for your consideration. Are there any additional questions while I'm up here? McCarvel: Any additional questions while -- Perreault: Madam Chair? McCarvel: Commissioner Perreault. Meridian Planning & Zoning Commission January 4, 2018 Page 24 of 35 Perreault: So, you -- you will be able to keep the plat the same, that just means that the homes are going to have to be a little narrower, is that the idea? Shrief: We will -- yeah. We will have to -- Perreault: To comply with the -- Shrief: And these -- these are not particularly narrow lots. We just thought with some of the single story we could have more square footage -- Perreault: Okay. Shrief: -- with the setback. So, we are -- Perreault: Okay. Shrief: -- going to formally withdraw the R-15. Thank you. McCarvel: Thank you. So, at this time can I get a motion to close the public hearing. Yearsley: So, we need to ask if we have any public testimony, since we reopened that and -- or do we? McCarvel: Or can we -- do we just have public testimony on that issue or -- Pogue: Just on that issue. McCarvel: Okay. Is there anyone that wishes to speak on the issue of removing the R - 15 zone? Okay. So, at this time could I get a motion to close the public hearing for Item H-2017-0156? Yearsley: Madam Chair, I -- or so moved. Sorry. Holland: Second. Perreault: Second. McCarvel: It has been moved and seconded to close the public hearing on H-2017- 0156. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: Okay. So, we are taking off the MDA. Okay. So, we want to add -- Sonya, did you say it was already in the staff report about t hat additional pathway? Meridian Planning & Zoning Commission January 4, 2018 Page 25 of 35 Allen: Yes, Madam Chair. McCarvel: Okay. But we want to add -- I think -- I think that makes sense to add -- as long as the other property owner approves -- okay. Yearsley: Do you want to try that or do you want me to do this one? Perreault: Go ahead. Yearsley: All right. Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: After considering all staff, applicant, and public testimony, I move to recommend approval of -- to the City Council of file number H-2017-0156 as presented in a staff -- the staff report for the hearing date of January 4, 2018, with the following modifications: That the applicant has agreed to withdraw the R-15 zone and that the condition for the 40 foot pathway to the north -- have the condition added that based on -- adding -- how do I want to say it? Upon approval of the adjacent property owner. Perreault: Madam Chair, do we need to address the berm? McCarvel: That's what I was just reading. How the -- I think the staff report already accurately describes what needs to be done. Yeah. So, we just need a second. Holland: I will second. McCarvel: It has been moved and seconded to approve file number H-2017-0156, Caven Ridge Estates West with modifications. All those in favor say aye. Opposed? Motion carries. Congratulations. MOTION CARRIED: FOUR AYES. THREE ABSENT. D. Public Hearing for Winco Wells Subdivision (H-2017-0153) by Dan Zimmerman, TAIT and Associates, Located at 2600 East Overland Road 1. Request: Preliminary Plat Approval Consisting of 7 Building Lots of 18.75 Acres of Land in the C-G Zoning District McCarvel: Okay. So, next on the agenda is to open the public hearing for Item H-2017- 0153, Winco Wells Subdivision. Allen: Madam Chair, Members of the Commission, the next application before you is a request for a preliminary plat. This site consists of 18.75 acres of land. It's zoned C-G, located at 2600 East Overland Road on the north side of Overland Road, west of South Meridian Planning & Zoning Commission January 4, 2018 Page 26 of 35 Eagle Road. Adjacent land use and zoning. To the north is Interstate 84 and office uses, zoned L-O. To the east is vacant, undeveloped property, zoned C-G. To the south is East Overland Road and various commercial uses, zoned C-G. And to the west are various commercial uses and an animal care facility, zoned C-G. This property was annexed back in 1994 as part of a larger 167 acre area that included the property to the east, along with the interchange, and the St. Luke's property to the northeast. It was part of their annexation path for St. Luke's. The Comprehensive Plan future land use map designation is mixed use regional. The applicant is requesting approval of a preliminary plat, consisting of seven building lots on 18.75 acres of land in the C-G zoning district. The subdivision is proposed to develop in one phase . The 13 acre lot on the north end of the site is for the proposed Winco Foods grocery store. No uses are proposed at this time on the other six southern lots. With development of the subdivision, East Cinema Drive is required to be extended from the west to the east boundary of the site and Wells Avenue is required to be extended from Overland Road along the east boundary of the site to Cinema Drive. Access will be taken from the proposed local streets. Direct lot access via Overland Road is prohibited. A cross- access ingress-egress easement is required to be provided between all of the lots south of Cinema Drive. A 25 foot wide street buffer is required along Overland Road. A 55 -- excuse me -- 50 foot wide buffer is required along Interstate 84 and ten foot wide street buffers are required along Wells and Cinema, landscaped in accord with UDC standards. Sidewalks are required along all streets. Detached sidewalks being required along Overland Road. Building elevations were submitted for the Winco store, consisting primarily of split face CMU in two different colors and vertical and horizontal metal wall panels, with smooth CMU banding. All buildings are required to comply with the design standards in the architectural standards manual. No written testimony has been received on this application. Staff is recommending approval with the conditions in the staff report. Staff will stand for any questions. McCarvel: Any questions for staff? Would the applicant like to come forward? Zimmerman: Good evening, Madam Chair, Members of the Commission. I'm Dan Zimmerman, Tait & Associates. 707 North 27th Street in Boise. We have reviewed and agree with the conditions of approval. So, we are here to answer any questions. McCarvel: Any questions for the applicant? Yearsley: Well, except for how fast are you going to get it built? Zimmerman: That's going to coincide with the Cherry and Linder si te. McCarvel: Okay. Perreault: Madam Chair? McCarvel: Commissioner Perreault. Meridian Planning & Zoning Commission January 4, 2018 Page 27 of 35 Perreault: There was some mention in the staff report regarding the area to the south of Cinema Drive and what was going to happen with those lots and a preference to -- to have some conceptual plan on that. Has the developer or the applicant done that or do you have any idea what's going to happen? Zimmerman: No. Right now there are -- there are no plans for those slots yet. Perreault: Okay. Any other questions? Okay. Zimmerman: Thank you. McCarvel: Okay. And I don't have anybody signed up to testify for this application, but is there anyone in the room who wishes to do so at this time ? There being no other questions for the applicant, I would entertain a motion to close the public hearing for item H-2017-0153. Perreault: So moved. Holland: Second. McCarvel: It has been moved and seconded to close the public hearing for H-2017- 0153, Winco Wells. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: I think it's pretty straightforward. It looks pretty identical layout to the one that's existing already, with a little more parking on the side. I would just have a question -- Sonya, you said about the exterior elevation. Do we have pictures of that? I forgot in the -- yeah. Just the basic -- Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: Do we know what -- that intersection of Wells and Overland, how the traffic is going to flow there? McCarvel: Sonya, is there a stoplight there or is it a right-out only? Yearsley: It's actually for a future stoplight. McCarvel: Future stoplight. Yeah. Yearsley: There -- it's -- I think even the -- the poles are there, there they just don't have the mast arms up for the stoplight. Meridian Planning & Zoning Commission January 4, 2018 Page 28 of 35 Perreault: Okay. Yearsley: So, it is planned for a stoplight. Perrault: That's what I was hoping you would say. McCarvel: Okay. Yearsley: I don't have any issues with it either. We have seen the sign up there for a year and a half now and it's like come on. So, we are excited for it to come in there -- McCarvel: Yeah. Yearsley: -- and I think it's -- it's a good location. It's on a good arterial street, good access. McCarvel: Yeah. And I think all the issues that we had with some others -- I mean this is -- the receiving area and everything faces the interstate, so I don't -- I mean this is an ideal location for something like this. Would anybody like to make a motion then, there being no other discussion. Perreault: Madam Chair, after considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number H-2017-0153 as presented in the staff report for the hearing date of January 4th, 2018, with no modifications. Holland: Second. McCarvel: It has been moved and seconded to approve H-2017-0153, Winco Wells. All those in favor say aye. Opposed? Motion carries. Congratulations. MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 5: Amended onto Agenda: Modifications to the Accessory Use Permit Checklist by the Planning Division McCarvel: So, the next item that has been added to our agenda -- we have Mr. Parsons, a presentation on the modifications to the accessory use permit checklist by the planning division. Parsons: Thank you, Madam Chair, Members of the Commission. McCarvel: We lost our audience. Parsons: They don't want to hear about boring changes to our checklist. But thank you for allowing me to come and present this to you this evening . I know it's a last minute add, but the reason -- the reason for it is the UDC requires that the Commission Meridian Planning & Zoning Commission January 4, 2018 Page 29 of 35 approve substantive changes to our checklist. If you recall, approximately a year ago I brought forth some UDC text changes before you. As part of those changes there were some modifications to our home occupation standards. The Commission -- at the time that that was presented to you you felt comfortable with the recommendation of staff. However, when it got to Council it got roadblocked by some of our residents that live in Meridian and operate home-based businesses and so staff had to go back to the drawing board and recreate and draft some new provisions that everyone could agree to. We actually went back and created a focus group with some of the people -- some of the residents that came and testified at the City Council meeting about the changes that we were proposing. Well, with that effort we believe we got all of those efforts -- or these standards in place to move forward, everyone in agreement, but in order to do that our home occupation standards now are kind of a three -tiered approach. So, we have accessory use permit for day cares, home day cares and, then, we have -- we are going to have accessory use permit home occupations for when you don't have customers or clients and, then, we are going to have home occupations for lessons of students with seven students or fewer and so in order to make sure that we can administer these correctly, we are going to create three separate -- we are going to modify one checklist and create two new ones and that's what these changes are before you this evening. I have kind of underlined and struck through the proposed changes that I have before you this evening and, again, it's really to mimic what has been approved by our City Council to these -- to the home occupation standards and also to our day care standards and, again, those are highlighted here and so this evening staff is recommending that you review this document and we request that you review not only the revisions to the existing checklist, but also approve the two new ones. So, I will give you a few minutes to kind of look ove r the strikeout-underlying changes and, then, if -- I will stand for any questions you may have. McCarvel: Bill, I have a question on the day care. On the day care, am I reading that right? It says basically all those additional requirements were scratched out, meaning they don't have to tell us what the total number proposed children is, employees, and all that kind of stuff when they come for a -- you know, we have had a couple of ones that have come before us for a conditional use permit and it just says the applicant shall not exceed the maximum number of clients. I know we had a couple of them where we kind of restricted them based on what they were willing and not willing to do as far as accommodating their structure. Parsons: Madam Chairman, Members of the Commission, this particular -- the one that's labeled accessory use day care -- McCarvel: Uh-huh. Parsons: -- this is the checklist that we use for both currently. McCarvel: Okay. Meridian Planning & Zoning Commission January 4, 2018 Page 30 of 35 Parsons: So, what I have done here is I have struck out that information and I have actually reorganized it up at the top under the narrative to tell -- if you look under the -- the second bullet point under narrative, the second item required with the -- on the checklist -- McCarvel: Okay. Parsons: -- it says narrative fully describing the proposed checklist and include -- so, I have just basically reorganized that a little bit -- McCarvel: Reorganized. Okay. Parsons: -- and put it in there, so that we get in front of the applicant sooner, rather than later. Because now this is becoming a stand-alone checklist, rather than combined as it currently is today. Yearsley: Well, I may be a little slow on the uptake, so apologize. The first -- the first -- so, the first one -- excuse me. The first one what -- is what was required initially for everything and, then, you just modified this other one -- the bottom one? Is that what I'm seeing? Because the first checklist that you have doesn't have any instructions behind it and so I wasn't quite sure -- because you have the home occupation accessory provision, lessons or instructions, which is just basically a quick checklist, but it doesn't have like any verbiage like the other two behind it associated with it. Is that the intent or is that -- Parsons: Madam Chairman, Members of the Commission, the -- the two checklists after the memo -- Yearsley: Okay. Parsons: -- coincide with the standards for home occupation accessory use statement of compliance. So, that document is actually two pages and it's labeled as such. Goes with both of those checklist items and you will note that -- if you look at both of those checklists, you will note that there is an underlying change or it says the -- right above the fee on the checklist it says standards for home occupation statement of compliance -- Yearsley: Yeah. Parsons: -- that's what they have to provide to us, that signed. Yearsley: Okay. Parsons: And those -- and these statements of compliance have been modified to reflect the code changes that the Council adopted back in -- Meridian Planning & Zoning Commission January 4, 2018 Page 31 of 35 Yearsley: Okay. Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: So, the main difference between these -- these two checklists is one requires a neighborhood meeting and one doesn't? Parsons: Madam Chair, Members of the Commission, two will require a neighborhood meeting and one doesn't. Perreault: Yeah. Okay. Parsons: That's correct. So, the day care -- in-home day care requires a neighborhood meeting and, then, also if you have lessons -- Perreault: Okay. Parsons: -- provisions for lessons or instruction, then, yes, that one also requires to follow the same process and there is two different fees associated with those two, so -- Perreault: So, when an accessory use where somebody doesn't have customers, clients involved with their business, then, the neighborhood meeting wouldn't be required, basically? Parsons: Madam Chair, Members of the Commission, it's not tailored to customers and clients anymore. We have removed that. Perreault: Okay. Parsons: That's where this tiered approach comes from. What it comes down to is whether or not -- the impact you have on the neighborhood, I guess -- Perreault: Okay. Parsons: -- is the best way to say it. If -- again, if it's low impact and it's an office -- if you go to the statement of compliance and you look at Item B here and it talks about the allowed uses that you can do as an approved accessory use for home occupation accessory use. If you meet those standards you don't do the neighborhood meeting. Some of those. Not all of them. Again, if it's arts and lessons and -- again, you have -- you're training or teaching someone -- yoga in your home or personal training or whatever the case may be, yes, you would -- you're teaching someone, someone's coming to your home, then, yes, you -- don't call it customers and clients anymore, but if Meridian Planning & Zoning Commission January 4, 2018 Page 32 of 35 someone comes to your home and gets instructions or lessons as part of the allowed home occupations, then, yes, that would require a neighborhood meeting. Perreault: Okay. McCarvel: Okay. Would somebody like to make a motion? Or do we need to do that? Yearsley: Yes. McCarvel: Motion to approve. Yearsley: Madam Chair, I move -- McCarvel: Commissioner Yearsley. Yearsley: -- we recommend approval of the revisions to the accessory use application checklist to City Council. Is that correct or do we just -- we just approve it. Parsons: Just approve it. Yes. Yearsley: Okay. Then I move we approve the checklist -- McCarvel: City Council has already had it I think. Yearsley: -- for the hearing date of January 4th, 2018. Holland: Second. McCarvel: It has been moved and seconded to approve the modifications to the accessory use permit checklist by the planning division . All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 6: Amended onto Agenda: Election of Commission Officers McCarvel: Okay. One more item. Election of officers for 2018. We need a chair and a vice-chair. Perrault: I make a motion that Rhonda McCarvel remain chairman of the Meridian Planning and Zoning Commission. Yearsley: Oh, I was thinking Ryan. You know, he was the vice-chair, so he -- McCarvel: Yes. Meridian Planning & Zoning Commission January 4, 2018 Page 33 of 35 Yearsley: -- needs to move up to chair, personally. Perreault: Can we actually vote him in if he's -- Yearsley: Hey, I -- McCarvel: I don't know. I mean I don't know if he wants it. I think it's timewise. Perreault: I think that he has some concerns about his schedule. McCarvel: Yeah. Yearsley: And I -- you know, I guess given that three of the seven of us are gone, would it be better to move this to the next time when more people would be here to have a better discussion or do we need to have -- make that decision today? Pogue: It's supposed to be done at your first regular meeting of the new year, but I think it's within our purview to postpone it, hoping to have, you know, full body at the next meeting. You may not, though. There is a motion pending -- Yearsley: Oh, there is. Pogue: -- to be dealt with. McCarvel: Is there a second or are we moving forward with a lack of second? Yearsley: So, I have a question. Does the -- do you mind being the chair again for another year? McCarvel: I don't mind. I have the time. I mean I think I probably have the least demanding job of anybody up here, so -- I mean if that's -- if that's the only issue why nobody else seems to want it, I would do it again. That's fine. But I'm also -- if there is somebody else that's wanting to do it, I'm totally open to that as well, so -- Perreault: I think that you are excellent at it and that's the primary reason I made the motion. Yearsley: And I would second that motion, if you are willing to do it for another year. I just like to try to give opportunities to those who might want to -- McCarvel: Absolutely. That was my concern as well, but -- Yearsley: But I will make a motion for that -- McCarvel: All right. Meridian Planning & Zoning Commission January 4, 2018 Page 34 of 35 Yearsley: So -- McCarvel: So, it has been moved and seconded that Rhonda McCarvel be chairman for 2018. All those in favor say aye. Opposed? MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: All right. Yearsley: I think Jessica might be a good vice-chair. McCarvel: I was -- I move that Jessica Perreault be named vice-chair. Perreault: I should have stayed home sick tonight. McCarvel: I think she would be an excellent chair in waiting and I have two meetings this year that I know I will not be around, so you will have a little training time. Perreault: I just need some nice little instructional time. McCarvel: Yeah. I will be able to pass that on. Yearsley: Are you willing? Perreault: I'm willing. Yearsley: All right. I will second that motion. McCarvel: All right. It has been moved and seconded that Jessica Perreault be named vice-chair for the 2018 Planning and Zoning Commission. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Yearsley: Madam Chair? McCarvel: One more. Yearsley: I move we adjourn. Holland: Second. McCarvel: It has been moved and seconded that we adjourn the July -- January 4th meeting of 2018. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Meridian Planning & Zoning Commission January 4, 2018 Page 35 of 35 MEETING ADJOURNED AT 7:21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED 1'Y)C RH DA McCARVEL - CHAIRMAN ATTEST: QO C. J4 COLE` - OITY CLERK LI I� DATE APPROVED AUGUST 0 U � of WI IE IDIAN- 1 W \s�, SEAL ,�I Meridian Planning Zoning Commission Meeting DATE: January 4,2017 ITEM NUMBER: 3A PROJECT NUMBER: ITEM TITLE: Approve Minutes of the December 21, 2017 Planning and Zoning Commission Meeting MEETING NOTES ,«iX:7:"#]MjMj[#1_Vyh%1WA[�3� fli DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning & Zoning Commission December 21, 2017 Page 64 of 64 Yearsley: Next one. All right. McCarvel: I asked that today, too. Yearsley: Yeah. I figured you -- yeah, if you could get done. Election of officers. McCarvel: Commissioner Cassinelli, do you have anything -- you would like to make a motion? Cassinelli: Madam Chair, I move to adjourn. Yearsley: Second. McCarvel: It has been moved and seconded to adjourn the meeting for December 21 st. All those in favor say. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. McCarvel: Merry Christmas. MEETING ADJOURNED AT 9:19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED RHOS DA McCARVEL - CHAIRMAI ATTEST: T, _ - CLERK 6-tql Lv&e'j; C4y C(erK v e000'DRp'fED AUC 0 n ^ City of a - IAAHO SEAL v DATE APPROVED Meridian Planning Zoning Commission Meeting DATE: January 4,2017 ITEM NUMBER: 3B PROJECT NUMBER: H-2017-0141 ITEM TITLE: Track Utilities Findings of Fact and Conclusions of Law for Approval for Track Utilities Expansion (H- 2017-0141) by Lance Rackham Located at 305 W Franklin Road MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Conditional Use Permit to Expand and Existing Equipment Sales, Rental and Services use (225 W. Franklin Road) to Allow for Additional Outdoor Storage on the Subject Property Located at 305 W. Franklin Road, by Lance Rackham Case No(s). H-2017-0141 For the Planning & Zoning Commission Hearing Date of: December 21, 2017 (Findings on January 4, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 21, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 21, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 21, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 21, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0141 Page 1 EXHIBIT A STAFF REPORT Hearing Date: December 21, 2017 TO: Planning and Zoning Commission FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Track Utilities Expansion – CUP H-2017-0141 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Lance Rackham, has applied for a conditional use permit (CUP) to expand an existing equipment sales, rental and services use to allow for additional outdoor storage on the abutting property located at 305 W. Franklin Road. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the staff report. The Meridian Planning and Zoning Commission heard this item on December 21, 2017. At the public hearing, the Commission voted to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel ii. In opposition: None iii. Commenting: Lance and Devaughn Rackham iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Andrea Pogue b. Key Issues of Discussion by Commission: i. Removing the existing structure or limiting the use of it to accessory storage; no re- establishment of the residential use due to it being abandoned. ii. Removing the existing access to the residence and installing the required landscaping and solid fencing along the Franklin Road frontage. iii. Landscaping and storage along the southern boundary. iv. Timeframe for the operation of the storage yard. c. Key Commission Changes to Staff Recommendation (see Exhibit B of the staff report: i. Commission required the extension of the 6-foot fence and the 10-foot wide landscape buffer along the entire Franklin frontage. ii. Commission required that no vehicles be placed within 25 feet of the southern boundary and storage of the materials could not exceed the height of the 6-foot fence. iii. Commission limited the use of the structure to accessory storage only with no allowance to re-establish a residential use of the structure. iv. Commission allowed the applicant the ability to extend conditional use permit beyond the five (5) time frame. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- Track Utilities Expansion – H-2017-0141 1 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of December 21, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of December 21, 2017, 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 11-5B-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. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff report for the hearing date of December 21, 2017 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0141 Page 2 By action of ti e Planning & Zoning Commission at its regular meeting held on the day of '(w Q, , 2018. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED COMMISSIONER STEVEN YEARSLEY VOTED PO(-., COMMISSIONER GREGORY WILSON VOTED - VOTED COMMISSIONER WILLIAM CASSINELLI VOTED COMMISSIONER JESSICA PERREAULT VOTEDVe,('� C.evxn'i ;�r-t one- Li � N4o � i ark SIC) fed Rhonda McCarvel, Chairman Attest: / tit��6 Clewk- +� C K• L -i Copy served upon the Applicant, the Planning and Deveropment Services Divisions of the Community Development Department, the Public Works Department and the City Attorney. By:CnAnihQ�ADated: 1-5-18 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0141 Page 3 EXHIBIT A 0141 as presented in the staff report for the hearing date of December 21, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0141 as presented during the hearing on December 21, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0141 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 305 W. Franklin Road, in the NE ¼ of Section 13, Township 3N., Range 1W. (Parcel: S1213110466) B. Applicant: Lance Rackham P.O. Box 208 Meridian, ID 83680 C. Owner: Lawrence and J’Deanne Rackham 2328 E. Sicily Street Meridian, ID 83642 D. Representative: Shawn Nickel, SLN Planning 1589 N. Estancia Place Eagle, ID 83616 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit and alternative compliance. A public hearing is required before the Planning and Zoning Commission and the Director is the decision maker on the alternative compliance request, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 1, 2017 C. Radius notices mailed to properties within 300 feet on: November 27, 2017 D. Applicant posted notice on site by: December 8, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: The property is an under developed commercial property with a dilapidated single family residence, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is primarily surrounded by developed and partially developed commercial properties, zoned C-G. Track Utilities Expansion – H-2017-0141 2 EXHIBIT A C. History of Previous Actions: The property is annexed into the City. D. Utilities: 1. Public Works: a. Location of sewer: NA b. Location of water: NA c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Both Police and Fire have requested that the existing residence be removed from the property due to the condition of the home. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan, commercial designated areas provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi- family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The expansion of the storage yard isn’t desired however, additional outdoor storage is needed to meet the current demands of the existing business occurring on parcel #S1213110356. In discussions with the applicant, they have indicated that this isn’t the long term use of property and envisions that it will redevelopment in the future with uses that align more closely with the Comprehensive Plan. In the interim, staff is supportive of the additional storage yard and reduced buffer until such time as the property redevelops with different uses other than outdoor storage. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the existing and expansion of the use (staff analysis in italics): • “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Currently, there is existing landscaping along a portion of Franklin Road where the existing single family home sits. The applicant is proposing to leave this landscaping in place and fence off the single family residence from the storage yard. Alternative compliance is being requested for the remaining portion of the site to reduce the buffer width from 25 feet to 10 feet in accord with UDC 11-5B-5. Further, the property abuts a recreational vehicle park on the south boundary. Although this property is zoned C-G, the property operates with extended stay sites and the director has determined this to be a residential use in nature. As such, staff recommends that the applicant construct a 25-foot wide landscape buffer along this boundary in accord with UDC 11-3B- 9C. • “Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage and backage roads.” On the submitted site plan the applicant is proposing another access to Franklin Road. Both Track Utilities Expansion – H-2017-0141 3 EXHIBIT A ACHD and City staff recommend that this access be used solely for the purpose of emergency access. The primary access to the site will be provided from the adjacent property. Further, Police and Fire have required that the existing residence be removed for the property. If removed this access to the home should be vacated as well. Other than the emergency access point, City staff and ACHD will need to reevaluate the access to this property once the storage yard ceases on the property and it is further developed in the future. • “Minimize noise, odor, air pollution and visual pollution in industrial and commercial development adjacent to residential areas.” The applicant is proposing to double the amount of outdoor storage with the inclusion of this site. To ensure that residents in the RV Park are buffered from the noise and air pollution, the applicant is proposing a dustless surface for the storage yard and staff is recommending that the applicant construct a 25-foot wide landscape buffer with a minimum of a 6-foot tall site obscuring fence around the perimeter in accord with UDC 11-3B-9C and UDC 11-3A-14. For the above-stated reason, staff is of the opinion that the expansion of storage yard is generally consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. D. Landscaping: 1. Street buffer landscaping: Street buffer landscaping is required in accordance with the standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC 11-3B-7C. The applicant has applied for alternative compliance to reduce the landscape buffer width from 25 feet to 10 feet (see analysis below). 2. Landscape buffers to adjoining uses: A buffer to the residential uses at the south property boundary is required in the C-G zoning district per UDC Table 11-2B-3 and should be installed in accord with the standards listed in UDC 11-3B-9C. E. Outdoor Storage: Outdoor storage on the site is required to comply with the standards set forth in UDC 11-3A-14. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit: The applicant requests a conditional use permit to expand the existing equipment sales, rental and services uses, specifically the outdoor storage. Note: Track Utilities is operating on the adjacent property located at 225 W. Franklin Road. The applicant has submitted a combined site/landscape plan depicting the proposed changes to the property. Staff recommends the following changes to the plan to ensure the site is compatible with adjacent land uses: Track Utilities Expansion – H-2017-0141 4 EXHIBIT A 1. The proposed access to W. Franklin Road should be for emergency access only per ACHD conditions of approval. Further, a cross access agreement should be recorded so that both properties (225 and 305 W. Franklin Road) share an access to W. Franklin Road. A copy of the recorded cross access agreement should be submitted with the certificate of zoning compliance. Future access points to this property will be evaluated once the storage yard ceases and the property owner applies for a change of use with the Planning Division. 2. The existing residence on the property should be removed. Both Police and Fire support staff’s recommendation for removal because of the current state of the residence. The applicant has informed staff that the home is used for storage. 3. Due to the operational characteristics of the RV Park (extended stay sites), the Director has determined this use to be residential in nature. Therefore, staff recommends that the applicant construct at a minimum, a 25-foot wide landscape buffer with trees and install a 6-foot tall site obscuring fence along the perimeter of the property in accord with UDC 11-3B-9C and 11-3A-14. Details of the fence should be submitted with the certificate of zoning compliance. 4. The outdoor storage on the property is allowed to operate for a maximum of five (5) years, At the end of the five (5) year period, the use should cease. 5. The proposed storage yard shall be constructed of dustless material as proposed and in accord with the standards set forth in UDC 11-3C-5B. 6. The applicant should construct at a minimum a 10-foot wide landscape buffer along W. Franklin Road in accord with UDC 11-3B-7C (see alternative compliance section for analysis). Alternative Compliance: The applicant has submitted a concurrent alternative compliance application to reduce the buffer width adjacent to W. Franklin Road from the required 25 feet to 10 feet. The applicant states the reduced buffer is desired due to the temporary nature of the proposed use, along with the unknown future location of access drives and other design considerations, extensive landscaping would probably be destroyed or redesigned during redevelopment of the property. Staff is amenable to request based on the interim use of the property. The additional 15 feet of landscaping (25 feet in total) should be required if/when the property redevelops in the future. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC application for approval of the proposed expansion/site improvements noted above from the Planning Division prior to submittal of a building permit application. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site/Landscape Plan (dated: 10/24/2017) B. Conditions of Approval 1. Planning Division 2. Public Works 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department Track Utilities Expansion – H-2017-0141 5 EXHIBIT A C. Required Findings from Unified Development Code Track Utilities Expansion – H-2017-0141 6 EXHIBIT A Exhibit A.1: Vicinity Map Track Utilities Expansion – H-2017-0141 7 EXHIBIT A Exhibit A.2: Site/Landscape Plan (dated: 10/24/2017) Track Utilities Expansion – H-2017-0141 8 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 The site/landscape plan included in Exhibit A, dated 10/24/2017, shall be revised as follows: a. The proposed access to W. Franklin Road shall be used as an emergency access only as proposed. Further, a cross access agreement shall be recorded so that both properties (225 and 305 W. Franklin Road) share an access to W. Franklin Road. A copy of the recorded cross access agreement shall be submitted with the certificate of zoning compliance. Future access points to this property will be evaluated once the storage yard ceases and the property owner applies for a change of use with the Planning Division. b. The existing home on the property may be used is approved for accessory storage; establishment of the structure as a single family residence shall not be allowed. shall be removed. Both the Police and Fire Departments support staff’s recommendation for removal because of the current state of the residence. Approval of this use will be done with the submittal of a certificate of zoning compliance as noted in condition of approval 1.4 below. c. The applicant shall construct at a minimum, a 25-foot wide landscape buffer with trees and install a 6-foot tall site obscuring fence along the perimeter of the property in accord with UDC 11-3B-9c and 11-3A-14. Details of the fence shall be submitted with the certificate of zoning compliance. In the area that would have be the landscape buffer (25’), the applicant shall not park any vehicles nor store any materials that exceed the height of the 6- foot fence. This requirement shall be depicted on the site plan submitted with the certificate of zoning compliance. d. The outdoor storage on the property is allowed to operate for a maximum of five (5) years (until January 4, 2023) OR submit a conditional use permit modification application to extend the time frame beyond the expiration date. e. The proposed storage yard shall be constructed of dustless material as proposed and in accord with the standards set forth in UDC 11-3C-5B. f. The applicant shall construct at a minimum a 10-foot wide landscape buffer and a 6-foot tall solid fence along the entire W. Franklin Road frontage in accord with UDC 11-3B-7C and UDC 11-3A-14, and as approved with the alternative compliance request by the Director. Compliance with the 25-foot wide landscape buffer will be evaluated once the storage yard ceases and the property owner applies for a change of use with the Planning Division. 1.2 The conditional use permit shall be valid for a maximum period of 2 years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval. Upon written request and filing by the applicant prior to the termination of the period, a time extension may be requested as set forth in UDC 11-5B-6. 1.3 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use (CUP-06-019) does not relieve the applicant of responsibility for compliance. 1.4 The applicant shall submit a CZC application for approval of the proposed expansion and site improvements noted above from the Planning Division prior to submittal of a building permit application. 1.5 Comply with ACHD conditions of approval. Track Utilities Expansion – H-2017-0141 9 EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works Department has no comments related to the subject application. 3. FIRE DEPARTMENT 3.1 The existing structure shall be removed from the property. 4. POLICE DEPARTMENT 4.1 The existing structure shall be removed from the property. 5. REPUBLIC SERVICES 5.1 Republic Services had no comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department had no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Access the site using the existing driveway located on the Track Utility business at the property to the east of this site as the main entrance. 7.1.2 If necessary, the driveway located at the west property line may be utilized as an emergency access only with a gate or bollards, located outside the public right-of-way and as determined by the Meridian Fire Department. 7.1.3 A traffic impact fee may be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7.1.4 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.1.5 Comply with the Standards Conditions of Approval as noted below. 7.2 Standard Conditions of Approval 7.2.1 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). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 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 Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 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 387-6280 (with file number) for details. 7.2.5 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. Track Utilities Expansion – H-2017-0141 10 EXHIBIT A 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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. 7.2.8 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 387-6258 (with file numbers) for details. 7.2.9 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. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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. 7.2.12 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. Track Utilities Expansion – H-2017-0141 11 EXHIBIT A C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the expansion; recommended site improvements; dimensional and development regulations of the C-G district (see Analysis, Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is generally consistent with the Comprehensive Plan future land use map designation of Commercial and the UDC, if the applicant complies with the conditions in Exhibit B. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the continued operation of the use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed expansion will not adversely affect other property in the area. The Commission weighed all public testimony provided to determine if the development will adversely affect the other property in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation can be provided to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Republic Services and ACHD in Exhibit B. Based on comments from other agencies and departments, the Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. Track Utilities Expansion – H-2017-0141 12 EXHIBIT A f. 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. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed expansion should not be detrimental to the general welfare of the public. The Commission does not anticipate the existing non-conforming use will create excessive noise, smoke, fumes, glare, or odors. h. 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. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed expansion. Further, the Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. i. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and NA j. 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. NA 2. ALTERNATIVE COMPLIANCE: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence to the landscape standards is not desirable due to interim use of the additional storage yard. A condition of approval allows storage yard to operate within a five (5) year time period. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City’s landscape standards; the reduced buffer will still have the required number of trees. Compliance with the 25-foot wide landscape buffer will be evaluated once the storage yard ceases and the property owner applies for a change of use with the Planning Division. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Track Utilities Expansion – H-2017-0141 11 EXHIBIT A The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Track Utilities Expansion – H-2017-0141 12 Meridian Planning Zoning Commission Meeting DATE: January 4,2017 ITEM NUMBER: 4A PROJECT NUMBER: H-2017-0142 ITEM TITLE: Summertown Subdivision Public Hearing Continued from December 21, 2017 Meeting for Summertown Subdivision (H-2017-0142) by 745 W Ustick, LLC Located at 745 W Ustick Road 1. Request: Annexation and Zoning of 15.13 Acres of Land in the TN -R Zoning District MEETING NOTES Fe6 1� q I/ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS UTY OF M EMMAN PLA WANG AM ZOG�ANCc pU B UC HE R NG SWH—D i�� SHEE7 Date- January 4, 2017 Rem Project t Number . H-2017-0142 Project Name - 4A Please print your name For Against Neutral D® you wish to testify (YIN) " Changes to Agenda:  Item #4A: Summertown Subdivision – AZ (H-2017-0142) Request for continuance to January 18th, 2018 in order to provide additional information to staff.  Item #4E: Turf Farm Subdivision – AZ, PP (H-2017-0149) Request for continuance to January 18th, 2018 in order to work with staff on changes to the plans. Item #4B: Escape Room (H-2017-0155) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site is located at 2959 S. Meridian Road within the Strada Bellissima development, zoned L-O. Adjacent Land Use & Zoning: North: Office, zoned L-O West: SFR homes in the Strada Bellissima Subdivision, zoned R-4 South: Office, zoned L-O East: S. Meridian Road & nursery, zoned C-G Comprehensive Plan FLUM Designation: Office Summary of Request: The applicant requests approval of a CUP to operate an indoor recreation facility in a 4,467 s.f. tenant space in an existing building in the L-O district. The purpose of the facility will be for team building & corporate exercises for the purpose of teaching people to work together; it will also be open to the general public as well. The proposed hours of operation are M-W, 1-9, but by appointment only. Th-Sat, from 1:00 pm to 10:00 pm, and closed on Sundays. The L-O zoning district restricts hours of operation from 6:00 am to 10:00 pm. Access is provided to the site via a driveway from local streets to the north (W. Maestra Street) and south (W. Galvani Drive); direct access via S. Meridian Road is prohibited. Parking is shared between all of the tenants in this development and meets UDC standards. Street buffer and parking lot landscaping exists on the site in accord with UDC standards. Written Testimony: None Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0155, as presented in the staff report for the hearing date of January 4, 2018, 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-2017-0155, as presented during the hearing on January 4, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0155 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #4C: Caven Ridge Estates West (H-2017-0156) Application(s):  Rezone  Preliminary Plat  Development Agreement Modification (only requires Council approval) Size of property, existing zoning, and location: This site consists of 14.42 acres of land, zoned R-8, located on the east side of S. Meridian Rd., south of E. Victory Rd. Adjacent Land Use & Zoning: North: Ridenbaugh Canal, MFR & SFR uses, zoned R-15 & R-4 respectively East: S. Standing Timber Way, a collector street; and SFR uses, zoned R-8 South: Vacant/undeveloped land, zoned R-8 West: S. Meridian Rd./SH 69, agricultural property, zoned RUT in Ada County; and SFR uses, zoned R-8 History: This property was originally annexed in 2006 and included in a preliminary plat that has since expired. Comprehensive Plan FLUM Designation: MDR (3 to 8 units/acre) Summary of Request: The applicant requests Council approval of an amendment to the existing DA to include an updated conceptual development plan which includes 20 more building lots that previously proposed – this request does not require action from the Commission, only City Council. A rezone of 15.68 acres of land from the R-8 to the R-15 zoning district is proposed for the purpose of obtaining reduced side yard setbacks from 5’ to 3’. The proposed street frontages & lot sizes are consistent with that required in the R-8 district. A preliminary plat is proposed that consists of 67 building lots for SFR detached homes & 9 common lots on 14.42 acres of land. The minimum lot size is 4,448 s.f. with an average lot size of 5,716 s.f. The subdivision is proposed to develop in 4 phases as shown. Access is proposed via local streets from S. Standing Timber Way; direct lot access via Standing Timber & S. Meridian Rd. is prohibited except for emergency access. A 35’ wide landscaped street buffer is required along S. Meridian Rd., an entryway corridor. Segments of the City’s regional pathway system are required within the street buffer along Meridian Road & along the north boundary of the site adjacent to the Ridenbaugh Canal. There is a segment of the multi-use pathway on the adjacent property to the north along Meridian Rd. but there is an approximate 40’ long section that is missing; staff recommends as a provision of the DA that the applicant construct this off-site improvement as a provision of the rezone. A total of 15.5% qualified open space & site amenities consisting of 2 segments of the City’s multi-use pathway system and internal pathways are proposed in accord with UDC standards. This development will also be allowed to use the amenities in Caven Ridge East to the east of this site. Written Testimony: None Staff Recommendation: Approval w/conditions Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2017-0156, as presented in the staff report for the hearing date of January 4, 2018, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017- 0156, as presented during the hearing on January 4, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0156 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #4D: Winco Wells Subdivision (H-2017-0153) Application(s):  Preliminary Plat Size of property, existing zoning, and location: This site consists of 18.75 acres of land, zoned C-G, located at 2600 E. Overland Road on the north side of Overland Rd., west of S. Eagle Rd. Adjacent Land Use & Zoning: North: I-84 & offices, zoned L-O East: Vacant/undeveloped property, zoned C-G South: E. Overland Road and various commercial uses, zoned C-G West: Various commercial uses and an animal care facility, zoned C-G History: This property was annexed in 1994 as part of a larger 167 acre area that included the property to the east along with the interchange & the St. Luke’s property to the northeast. Comprehensive Plan FLUM Designation: MU-R Summary of Request: The applicant requests approval of a preliminary plat consisting of 7 building lots on 18.75 acres of land in the C-G zoning district. The subdivision is proposed to develop in one phase. The 13-acre lot on the north end of the site is for the proposed Winco Foods grocery store; no uses are proposed at this time on the other 6 lots. With development of the subdivision, E. Cinema Dr. is required to be extended from the west to the east boundary of the site & Wells Ave. is required to be extended from Overland along the east boundary to Cinema Dr; access will be taken from the proposed local streets. Direct lot access via Overland is prohibited. A cross-access/ingress-egress easement is required to be provided between all of the lots south of Cinema Dr. A 25’ wide street buffer is required along Overland Road, a 50’ wide buffer is required along I-84 and 10’ wide buffers are required along Wells & Cinema landscaped in accord with UDC standards. Sidewalks are required along all street s. Building elevations were submitted for the Winco store consisting primarily of split face CMU in 2 different colors and vertical & horizontal metal wall panels with smooth CMU banding; all buildings are required to comply with the design standards in the Architectural Standards Manual. Written Testimony: None Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2017-0153, as presented in the staff report for the hearing date of January 4, 2018, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017- 0153, as presented during the hearing on January 4, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0153 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Planning and Zoning Commission Meeting January 4, 2018 Item #4B: Escape Room– Vicinity/Zoning Map Site Plan Item #4C: Caven Ridge Estates West Vicinity/Zoning Map S. M e r i d i a n R d . / S H 6 9 Existing & Proposed Conceptual Development Plan for Development Agreement Modification Proposed Preliminary Plat & Phasing Plan Proposed Landscape Plan & Qualified Open Space Exhibit Conceptual Building Elevation Photos Winco Wells Subdivision – Vicinity/Zoning Map E. Overland Rd. Preliminary Plat Landscape Plan Building Elevations (Winco) CM4�**_, IDEZIAN<-- �J MEMORANDUM TO: Planning and Zoning Commission FROM: Bill Parsons, Planning Supervisor Mayor Tammy de Weerd City Council Members: Luke Cavener Joe Borton Ty Palmer Genesis Milam Treg Bemt Anne Little Roberts RE: Request for Approval of Revisions to Accessory Use Application Checklist DATE: January 4, 2018 CC: City Clerk, Legal Department Per UDC 11 -5A -3B2, the Planning Division of the Community Development Department is requesting approval from the Planning and Zoning Commission to revise the accessory use application checklist and affirm two new checklists that coincide with the recent UDC changes approved to the family daycare and home occupation standards. Attached is the copy of the proposed strike -out and underline versions of the proposed revisions and additional checklists. ((IE R IDIAN-- IDAHO Planning Division HOME OCCUPATION ACCESSORY USE, PROVISION OF LESSONS OR INSTRUCTIONS Application Checklist Project name: File k A licantlagent: All applications are required to contain one copy of the following: Applicant Description Staff Completed and signed Development Review Application Narrative fully describing the proposed request Recorded warranty deed for the subject property Affidavit of Legal Interest signed and notarized by the property owner (If owner is a corporation, submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent) Neighborhood meeting sign -in sheet (Applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application) Scaled vicinity map showing the location of the subject property (can be obtained from the Planning Division) Dimensioned site plan showing the boundaries of the property, floor plan of house, area intended for accessory use, and parking and yard areas Standards for Home Occupations, Statement of Compliance form signed by applicant Fee Include the following additional ia�rmatioa in the narrative-. Th total number- f hill .1 to be eared for- du „a .. the da Y Y J' Total numl7erof emrS Yav� v details an the site plan (location and t)T&-&f n / - Standards for- Dayeare Faoilities, Statement of Compliance form signed by-appheant l/ N Standards fer- Home Oraeupations, Statement of Compliance &r,,, signed h.,1 a 1;eai4 APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancityorglplanning (05/21/2014) C��fIENty Planning Division HOME OCCUPATION ACCESSORY USE Application Checklist Project name: File k Applicant/agent: All applications are required to contain one copy of the following: Applicant Description Staff Completed and signed Development Review Application Narrative fully describing the proposed request Recorded warranty deed for the subject property Affidavit of Legal Interest signed and notarized by the property owner (if owner is a corporation, submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent) Neighbor -hood ,v.etib sib' in � rr are eR 1 sheet /A«.,1:.. .,.. ted to old � 1.1....1.00d meeting to prev an oppei4unity for publiG review of the proposed pr-Qjed PFi0F tG the submittal of an applioation) Scaled vicinity map showing the location of the subject property (can be obtained from the Planning Division Dimensioned site plan showing the boundaries of the property, floor plan of house, area intended for accessory use, and parking and yard areas Standards for Home Occupations, Statement of Compliance form signed by applicant Fee AddWenal Requirements for- Daye Include the following additional 4&fmafion in the narratiw. Total ,,,her of employee hiclude feneing details on the site plan (location and type of fmce), Standards for- Dayeare Facilities, Statement of Complianee form signe44)y7apphoa-PA Additional Requirements for Home 0coupation-Applicati A-mRs Standards Home n ti Statement of C pli o fonn signed by h 1; „t 'NN APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orglplanning (05/21/2014) STANDARDS FOR HOME OCCUPATION ACCESSORY USE STATEMENT OF COMPLIANCE UDC 11-4-3.21: Home Occupation Accessojy Use: TheIn addition to the noticing requirements set forth in subsections 11 -2A -2A, the following standards apply to all home occupation accessory uses with the exception that strict adherence to the standards contained in subsections 11 ^ 3.2 1 u 1 ^ 3.2 "zr-4-2-2rE gra 11 4 3.2 1F G and H of this section in the TN -C and TN -R Districts is not required: A. The home occupation accessory use shall only be allowed as an incidental, secondary use to an allowed residential use The operator of the home occupation accessory use shall be responsible for obtaining an accessorypermit as well as any and all other applicable licenses permits or inspections prior to operating the home occupation accessory use Where a home occupation accessory use includes the provision of lessons or instruction to a growl of seven (7) or more students at one time, prior to submittal of an application for an accessory use permit the applicant shall hold a neighborhood meeting in accord with subsection 11 -5A -4B of this title. jn no way ..'.:all thehome .,__ p tion cause the premises to a_� r �^m-:__ ::r� - rro residential ehar-acter in the appear-anes, lighting, signs, or in the, emission of noise, filmes, odors, , B. Allowed home occupation accessory uses include, but are not limited to: 1. Personal and professional services. 2. Direct sales. 3. Artisan craft production or instruction. 4. Art, dance, music, or other lessons/instruction. 5. Any other similar use, as determined by the Director. The home oeoupation shall be eendueted entirely in the dwelling, and not more than twel+ty five perce 0 ) of the gross floof area of said dwelling shall be used fer- a home ocoupation or for storing g associated with the home oeoupation. Mater -Ws may be ster-ed in an attached gar -age or storage provided it shall not reduee the required off street par -king below the standard established for that distf C. Prohibited home occupation accessory uses include, but are not limited to: 1. Vehicle repair. 2. Vehicle rental. 3. Vehicle washing. 4. Equipment repair. 5. Equipment rental. 6. Retail sales, except: a. The sale of services or items produced or fabricated on the premises as a result of the home occupation accessory use; b. The sale of products secondarily related to the personal service aspect of the home occupation accessory use; or c. The sale of products sold online that are delivered to customers by mail. 7. Any other use prohibited by the UDC or in violation of the purpose statement of this code, as determined by the Director. No aetivity oennected to the home ecGupation or- any storage of goods, materials, or- products raormee with a home ooeupation shall be allowed , , detached aracessery stmeti In no way shall the home occupation accessory use emit lighting, i., the emission of noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed at the dwelling for advertising the home occupation accessory use in accord with the standards set forth in UDC 11-313-8B. (R -e.,. by Ord 07 1325, 7 10 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/planning E. The home occupation accessory use shall be conducted entirely in the dwelling, and not more than ten percent (10%) twenty five per-ee t 250'-\ of the overall lig area of said dwelling shall be used for a home occupation accessory use or for storing goods associated with the home occupation accessory use. An attached garage shall be included in the calculation of the area of the dwelling for this purpose. e 0 f F. No activity connected to the home occupation accessory use or any storage of goods, materials, or products connected with a home occupation accessory use shall be allowed in any detached garage or detached accessory structure. The home occupation shall be condueted by the inhabitants of the dwelling, and no more than one (1 ) nonresident employee shall be r..,;tted G. The home occupation accessory use shall not have more than two (2) outgoing pick-ups per day from a common carrier. The home oceupation shall not serve as a headquarters or main office where empley oeme to the site and are disp tehed to other leeations., H. The home occupation accessory use shall be conducted by the inhabitants of the dwelling, and no more than one nonresident employee shall be permitted at any time. N retail sales shall be permitted f.,,,,, the dwelling axeept the sale of- 1) seFyiees or items produced or fabrioated on the promises as a result of the home occupation; or- 2) produets seeendarily related to the personal sefvice asperat of the home eerupations, or Z\ products sold online that .,re deliVeFed to customers by mail_ I. The home occupation accessory use shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. On s ree parking shall be provided as Section 11 3G 6 of this T fl addition to the d off street parking fef the dwelling s�mTzzs=c,�-aaci-rcrorrc��avTcqun-oa-vxroai Y..,,.,.,b �... dwelling. J. Off-street parking shall be provided as Section 11-3C-6 of this Title in addition to the required off-street All •t h 1 • t t and/or rile h 11 „r between the ho„ parking for the dwelling. ��_��^, " <'�� sag== aec,.. .. ....... .. ..... K. All visits by clients customers and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. home ooeupation shall only be allowed as an accessory use to an allowed residential use. Certification: I have read and understand the above standards for the operation of a home occupation and certijy that I will conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory use. Applicant's Signature: Date: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org[planning E IDIAN Planning Division ACCESSORY USE DAYCARE ■ Application Checklist Project name: File #: Applicantlagent: All applications are required to contain one copy of the following: Applicant Description Staff Completed and signed Development Review Application Narrative fully describing the proposed request and include: ➢ The total number of children proposed to be cared for duringthe he daY ➢ Total number of employees Recorded warranty deed for the subject property Affidavit of Legal Interest signed and notarized by the property owner (If owner is a corporation, submit a copy of the Articles ofincorporation or other evidence to show that the person signing is an authorized agent) Neighborhood meeting sign -in sheet (Applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application) Scaled vicinity map showing the location of the subject property (can be obtained from the Planning Division) Dimensioned site plan showing the boundaries of the property, floor plan of house, area intended for accessory use, and parking, fence details and yard areas Standards for Da care Facilities Statement of Compliance form signed by applicant Fee following additional 4ifeffnafio The t v* cxauxnbvivrf :rhriilmvirivpvova to be cured for- du :.b � .�. TAW ml of o.,,..1....00s include feneing details on the site plan (location andt)Te of s Statement of Compliance fonn signed by appli Standards for 14ome n t' Statement of Compliance formsignedby plies nt APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orgiplanninQ (05/21/2014) STANDARDS FOR DAYCARE FACILITIES STATEMENT OF COMPLIANCE UDC 11-4-3.9: Daycare Facility A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the qpplicant or owner shall rovide proof of criminal background checks and fire inspection certificates as required by title 39 chapter 11 Idaho Code. Said proof shall be provided prior to issuance of certificate of zoning compliance The applicant or owner shall comply with all state of Idaho and department of health and welfare requirements for daycare facilities. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. 6. Prior to submittal of an application for an accessory daycare facility in a residential district the applicant or owner shall hold a neighborhood meeting in accord with subsection 11 -5A -4B of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non -scalable fence to secure against exit/entry by small children and to screen abutting properties. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. C. Additional standards for family daycare facilities conducted as home occupations accessory uses: 1. In no way shall the family daycare cause the premises to diffef from its residential charaeter- i—n appeaaranoe emit lighting, signs, or in the i ion -4 -noise, fames, odor, smoke, dust, vibrations, or electrical interference that can be observed outside the dwelling. A sign ma b�played for advertising the family daycare facility in accord with the standards set forth in UDC 11 -3D -8B. 2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org[planning Certification: I have read and understand the above standards for operation of a daycare facility and certify that I will conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory use. Applicant's Signature: Date: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridianciiy.org/planning Meridian Planning Zoning Commission Meeting DATE: January 4,2017 ITEM NUMBER: 4B PROJECT NUMBER: H-2017-0155 ITEM TITLE: Escape Room Public Hearing for Escape Room (H-2017-0155) by Samuel Marvin, LMP Enterprises, Located at 2959 S Meridian Road, Suite 100 1. Request: Conditional Use Permit Approval to Operate an Indoor Arts, Entertainment and Recreation Facility in the L -O Zoning District MEETING NOTES 9 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF M ERID D p LaDMG ADD ZODIDC o U o LIC A RIHG SM -IH SHEET DaW. January 49 2017 Rem Project Number- H -20V-01 55 Project Hamm, Escauo Room Reale print your name for Against Noutra� Do you wish to test y 1� ' i� t i Cil M D r\J \0i UK'k U- MAKN i�, Meridian Planning Zoning Commission Meeting DATE: January 4,2017 ITEM NUMBER: 4C PROJECT NUMBER: H-2017-0156 ITEM TITLE: Caven Ridge Estates West Public Hearing for Caven Ridge Estates West (H-2017-0156) by New Cavanuagh, LLC, Located on the East Side of South Meridian Road, South of East Victory Road 1. Request: Rezone of 15.68 Acres of Land from the R-8 to the R-15 Zoning District; 2. A Preliminary Plat Consisting of 67 Buildling Lots and 9 Common Lots on 14.42 Acres of Land in the R-15 District 3. Amendment to the Development Agreement to Modify the Conceptual Development Plan to Include More Building Lots for the Development of Patio Homes on the Portion of the Site West of South Standing Timber Way MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PLAWANG AND ZONING Date- Januarry l,� 2017 ROM 4C Project Number- Caven Mdge Estates West Project Name— H-2017-0156 Moaso prM your name For Agaonst Houtra� Do you wash WQ to testify (Y/H) n Ae- Y ("kg /� � x Meridian Planning Zoning Commission Meeting DATE: January 4,2017 ITEM NUMBER: 4D PROJECT NUMBER: H-2017-0153 ITEM TITLE: Winco Wells Subdivision Public Hearing for Winco Wells Subdivision (H-2017-0153) by Dan Zimmerman, TAIT and Associates, Located at 2600 East Overland Road 1. Request: Preliminary Plat Approval Consisting of 7 Building Lots of 18.75 Acres of Land in the C -G Zoning District MEETING NOTES �-NL4t -to G fy C��z CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS UTY OF MFERU MAH PLA WAMAG AIND WHIM G, M D `E r HMS C MCHM-N, SHEET Date- January 4, 20V Rem 0 4DD Project Humben H-2017-0153 Project Harn00 Tftco Wefls SubdMsion Neale pHnt your Hama For Agan nst NeutraDo you wash to testiff W/M Meridian Planning Zoning Commission Meeting DATE: January 4,2017 ITEM NUMBER: 4E PROJECT NUMBER: H-2017-0149 ITEM TITLE: Turf Farm Subdivision Public Hearing for Turf Farm Subdivision (H-2017-0149) by Brighton Investments, LLC, Located off the Northeast Corner of South Eagle Road and East Lake Hazel Road 1. Request: Preliminary Plat Approval Consisting of 120 Building Lots and 1 1 Common Lots on 35.35 Acres of Land in the R-8 Zoning District. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TY OF PAERUAKI '_' LANM KI G AND ZOM rMl G PB LOCA HEA MAG SMH-N SVS ME- T Datoo &.1nuarry 4"9 2017 Item # 4E Project Number- H-2017-0149 Project Name— Turf Farm m SubdvWon G Doane print your name For Against Neutra0 Do you wish to testify