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2018-11-01MERIDIAN PLANNING AND ZONING COMMISSION MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Thursday, November 1, 2018 at 6:00 PM Item 1: Roll-Call Attendance __X__ Lisa Holland __X__ Steven Yearsley __O__ Gregory Wilson __X__ Ryan Fitzgerald __O__ Jessica Perrault __X__ Bill Cassinelli __O__ Rhonda McCarvel – Chairperson Item 2: Adoption of Agenda Adopted as Presented Item 3: Consent Agenda [Action Item] Approved A. Approve Minutes of October 18, 2018 Planning and Zoning Commission Meeting B. Findings of Fact, Conclusion of Law for The Goddard School (H- 2018-0108) by Richard Antl, Located at 2009 S. Wells Ave. Item 4: Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned city planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Public Hearing for Buyrite LLC Apartments (H-2018-0096) by neUdesign Architecture, LLC, Located at at the NW corner of W. Ustick Rd. and N. Linder Rd. 1. Request: Rezone property from C-C (5.90 acres) to R-40; and 2. Request: Conditional Use Permit for a multi-family development consisting of 96 multi-family residential units within 4 multi-family structures on 4.772 acres of land in a proposed R-40 zoning district; and 3. Request: Modification of an Existing Development Agreement to allow for R-40 zoning and to change certain other provisions of the agreement Continued to November 15, 2018 B. Public Hearing Continued from October 18, 2018 for Del Taco (H- 2018-0106) by Tom Lennon, Located at 1617 W. Island Green Dr. 1. Request: Conditional Use Permit for a drive-through establishment withing 300 feet of a residential district and existing residences in a C-C zoning district Approved with Modifications C. Public Hearing Continued from October 18, 2018 for Alturas Rezone (H-2018-0105) by Travis Barney, Alturas 1550 Tech Lane, LLC, Located at 1550 S. Tech Ln. 1. Request: Rezone of 7.24 acres from I-L to C-G zone Recommend Approval to City Council – Scheduled 12-04-18 D. Public Hearing for Sulamita Church (H-2018-0110) by Matthew Garner, Located at 4973 W. Cherry Ln. 1. Request: Conditional Use Permit for a church on 8.49 acres of land in an R-8 zoning district Approved E. Public Hearing for Elevate Franklin Storage (H-2018-0109) by Ten Mile Development, LLC, Located at the NW corner of W. Franklin Rd. and N. Umbria Hill's Ave. at 3755 W. Perugia St. 1. Request: Rezone of 3.53 acres of land from the L-O to the R-15 zoning district; and 2. Request: a Development Agreement Modification to remove the subject property from the existing agreement (Instrument No. 106002636, Silver Oaks Subdivision) Recommend Approval with modifications to City Council – Scheduled 12-04-18 Meeting Adjourned at 7:56 PM Meridian Planning and Zoning Meeting November 1, 2018. Meeting of the Meridian Planning and Zoning Commission of November 1, 2018, was called to order at 6:05 p.m. by Acting Chairman Ryan Fitzgerald. Members Present: Commissioner Ryan Fitzgerald Commissioner Steven Yearsley, Commissioner Bill Cassinelli, and Commissioner Lisa Holland. Members Absent: Chairman Rhonda McCarvel, Commissioner Jessica Perreault and Commissioner Gregory Wilson. Others Present: Chris Johnson, Andrea Pogue, Bill Parsons, Sonya Allen, Stephanie Leonard and Dean Willis. Item 1: Roll-call Attendance __X___ Lisa Holland ___X___ Steven Yearsley ______ Gregory Wilson ___X___ Ryan Fitzgerald ______ Jessica Perreault ___X___ Bill Cassinelli _______ Rhonda McCarvel - Chairman Fitzgerald: 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 for the date of November 1st, 2018, and let's begin with roll call, please. Item 2: Adoption of Agenda Fitzgerald: Thank you, sir. The first item on the agenda is the adoption of the agenda. One change on our agenda, we will be opening Buyrite, LLC, Apartments, CUP H-2018- 0096, just for the opportunity to continue it. It was not properly posted and so we will be moving that application to November 15th. So, if you're here for that that will be continued to November 15th. Can I get a motion to adopt the agenda as amended? Cassinelli: So moved. Holland: Second. Fitzgerald: I have a motion and a second. All those in favor say aye. Opposed same. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 3: Consent Agenda [Action Item] Meridian City Council Meeting Agenda November 15, 2018 – Page 5 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 2 of 43 A. Approve Minutes of October 18, 2018 Planning and Zoning Commission Meeting B. Findings of Fact, Conclusion of Law for The Goddard School (H2018-0108) by Richard Antl, Located at 2009 S. Wells Ave. Fitzgerald: Next item on the agenda is the Consent Agenda and we have two items on the agenda -- on the Consent Agenda. Can I get a motion to approve the -- approve of the minutes from October 18th Planning and Zoning Commission meeting and the facts -- or Findings of Facts and Conclusion of Law for the -- the Goddard School. Holland: So moved. Cassinelli: Second. Fitzgerald: I have a motion and a second. All those in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: And at this time I would like to give a brief explanation on how we handle the public hearing process for this evening. We will open each item individually and, then, start with the staff report. The staff reports the 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 recommendations or their presentation, the applicant will come forward to present their case for the approval of their application and respond to any staff comments. The application -- or the applicant will have 15 minutes to do so. After the applicant has finished their public testimony -- there is a sign-up sheet in the back as you entered -- or there is a -- I guess it's an iPad now -- to sign up to testify. Any person wishing to testify will come forward and be allowed three minutes. If they are speaking for a larger group, like an HOA, and there is a show of hands in the audience on who they are speaking for, they can represent the group and have ten minutes to speak. After all testimony has been heard by the -- the applicant will come back up and have another ten minutes to close. If they respond to questions and do any follow up they want to. And after that we will close the public hearing and the Commissioners will have an opportunity to discuss and deliberate over -- before making a recommendation on the application. Item 4: Action Items A. Public Hearing for Buyrite LLC Apartments (H-2018-0096) by neUdesign Architecture, LLC, Located at the NW corner of W. Ustick Rd. and N. Linder Rd. 1. Request: Rezone property from C-C (5.90 acres) to R-40; and Meridian City Council Meeting Agenda November 15, 2018 – Page 6 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 3 of 43 2. Request: Conditional Use Permit for a multi-family development consisting of 96 multi-family residential units within 4 multi-family structures on 4.772 acres of land in a proposed R-40 zoning district; and 3. Request: Modification of an Existing Development Agreement to allow for R-4 Fitzgerald: So, at this time I would like to move to open the public hearing on H-2018- 0096 by Buyrite, LLC, Apartments for the opportunity to continue that application. Holland: So moved. Yearsley: Well, we are not -- a motion -- you're just opening. Fitzgerald: I'm opening the public hearing. Yearsley: Mr. Chair, I re -- I make a motion that we continue file number H-2018-0096 to the hearing date of November 15th, 2018. Holland: Second. Fitzgerald: I have a motion and a second to continue H-2018-0096 until the date of November 15th, 2018. All those in favor say aye. Opposed same. Thank you very much. And we will continue that until November 15th. MOTION CARRIED: FOUR AYES. THREE ABSENT. B. Public Hearing Continued from October 18, 2018 for Del Taco (H- 2018-0106) by Tom Lennon, Located at 1617 W. Island Green Dr. 1. Request: Conditional Use Permit for a drive-through establishment within 300 feet of a residential district and existing residences in a C-C zoning district Fitzgerald: Moving on to the next agenda item is Del Taco. It's H-2018-0106 and we will start with the staff report. Allen: Thank you, Mr. Chairman, Members of the Commission. The first application before you tonight is a request for a conditional use permit. This site consists of .72 of an acre of land. It's zoned C-C and located at 1617 West Island Green Drive at the southwest corner of North Linder Road and West Island Green Drive. Adjacent land use and zoning. To the north is rural residential properties zoned RUT in Ada county. To the east is North Linder Road and mixed use commercial development, zoned C-3, Meridian City Council Meeting Agenda November 15, 2018 – Page 7 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 4 of 43 DA, in the city of Eagle, and to the south and west is vacant undeveloped land zoned C- C. The Comprehensive Plan future land use map designation is mixed use community. The applicant is requesting approval of a conditional use permit for a drive-thru establishment within 300 feet of a residential district and existing residences in the C-C zoning district. The site plan as shown complies with the specific use standards in the UDC for drive-thru establishments. Access is proposed via West Island Green Drive. A cross-access easement exists between all lots in the subdivision. Street buffer landscaping along Linder and Island Green Drive was -- and Chinden was -- actually Chinden isn't adjacent to this site. But, anyway, it was completed with the subdivision improvements. Parking is proposed to be provided on the site in accord with UDC standards. To reduce traffic conflicts with vehicles exiting the drive-thru and vehicles entering and existing -- exiting, excuse me, the parking area from West Island Green Drive, staff is recommending some revisions to the site plan and I just didn't mark up here on the site plan -- and a landscape planter island on the west side of the center row of parking, that's the green area you should see there, and, then, restricted two spaces on the west side of the parking lot, marked with X's to employee parking only and, lastly, consider extending the curb, that red line where vehicles exit the drive-thru across the first drive aisle to funnel traffic from the drive-thru through the western most drive aisle. Conceptual building elevations were submitted as shown. Building materials consist of stucco, with standing metal seam awnings. Final design is 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 Exhibit B of the staff report. Staff will stand for any questions. Fitzgerald: Any questions of staff? Would the applicant like to come forward. Sir, please give us your name and address before you start, please. Lennon: Tom Lennon with Erstad Architects. 310 North 5th Street. Representing Rocky Mountain Companies, the developer of the property. We do not have any -- we have -- well, we have no response negatively to the staff report. We are in full agreement. If -- we would prefer not to have that buffer in red that was shown on the -- on the screen, but if that's a deal breaker we are okay with it. We did not get a written response back to Sonya until later this afternoon after she requested it today, mainly because we were making sure that all the conditions that were asked for we could do with our engineering crew and landscape. So, we are good with everything that's here. Fitzgerald: Any questions to the applicant? Commissioner Yearsley. Yearsley: Mr. Chair. Can I ask why you don't want the little island in red? Lennon: I have got a feeling that we are going to be asked to eliminate some of the parking adjacent to the building, just for -- for backup on that -- on that driveway, so we would like to keep that if at all possible. We would like to try and maintain as many of those parking spaces as we can. The two employee over on the west side, no big deal. Yeah. Meridian City Council Meeting Agenda November 15, 2018 – Page 8 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 5 of 43 Yearsley: Right. Okay. No, I just -- just was curious. Lennon: Sure. Yearsley: Thank you. Fitzgerald: And, sir, just for the record, the -- the ordering platform or the squawk box is pointed south towards Chinden; correct? Lennon: Correct. Fitzgerald: So, it's away from anything that would be -- Lennon: Yeah. Away from the north, which is the closest residential that we have. Yeah. Fitzgerald: Any additional questions for the applicant? Thank you, sir, very much. Lennon: Okay. Fitzgerald: Chris, do we have any signed up wanting to testify? Johnson: Mr. Chairman, we have five signed in, three wishing to testify. The first was the applicant. Next is Andrew Lawrence. Fitzgerald: Mr. Lawrence, you want to come up and state your name and address for the record, please? Lawrence: Andrew Lawrence. 1685 West Brandt Lane, Meridian. I am 50 feet or less from that facility. The exit comes right in my back door and all my windows at bedrooms. Why does it have to face that way? Why can't the exit come in from the -- I mean the drive-thru come in from the -- from the west and, then, go south and, then, exit after they get their stuff? Why does it have to go west -- I mean east and, then, north aiming right at my house less than 50 feet away and, then, going west. That's my only complaint. These people have every right to build a business there. They stated the night that you had the new high school Planning and Zoning thing, they were supposed to have been here and met with us. We got a letter from him and there was a no show and, then, a couple weeks ago they had a cancellation when it was supposed to come for Planning and Zoning and they postponed it until tonight. He was very uncooperative as far as I'm concerned. They made no attempt -- knowing there is a house right there -- to stop and talk to us. Others have. So, I'm really upset about this and I object totally to the plan of their entrance and exit to the drive-thru. If that can be fixed or they can put in big shrubs to block the light, then, I can go along with it and on my house -- I don't know if you guys have ever driven by there. I'm sure you have. I have some skyrocket junipers on the Linder side that goes a full -- almost the full length of my property and they were put there by -- I can't remember his first name. Eisenberg, the developer, to help us with the development across the street, which was Meridian City Council Meeting Agenda November 15, 2018 – Page 9 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 6 of 43 Fred Meyer. So, I'm going to ask you for that and I'm asking for something like that on your property, so they can shield us from their lights or change the direction. Thank you. Any questions? Fitzgerald: Commissioner Yearsley. Yearsley: So, I think the reason why they wanted to go this way is because of the speaker, when they talk to the microphone, is facing away from your property and so that's kind of why they are -- I think that's why they tried to do it that way and so you wouldn't have the sound from the speaker going towards your property and so I guess my question is is would you rather have the sound or the light? We could potentially make -- add some shrubs for that if -- Lawrence: Are you familiar with Taco Bell across the street? Yearsley I am not. Lawrence: I can hear their drive-thru. I can hear their speakers and at 5:30 on Thursday mornings I can hear the trash trucks come and shake their dumpster. So, what's going to happen 50 feet away from me when they come and shake these guys' dumpster? I'm going to get up at 5:30 or whatever time they come, whether I want to or not. Yearsley: Right. Lawrence: They can shield those speakers and put something -- something on the edge of it to -- I understand to suppress that sound. It doesn't -- I mean it's not going to be aiming at my house. Yearsley: Right. Lawrence: That can be dealt with. Yearsley: Okay. Lawrence: And it can also be dealt with with shrubbery. Yearsley: Right. Okay. I just wanted to -- Lawrence: I understand. Yearsley: Thank you. Lawrence: The lights are -- are equally as bad as the sound. It's a problem in other wa ys. Yearsley: I totally understand. Meridian City Council Meeting Agenda November 15, 2018 – Page 10 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 7 of 43 Lawrence: In fact, there is an Idaho City credit union -- or a credit union across the street in that Fred Meyer shopping center and when people come through to their drive- thru their lights ring -- aim right at my house, but what they did was they built a retaining wall that shields those lights. It's always the great big fancy trucks that would do that, that would go above that. Yearsley: Okay. Lawrence: I mean there is so many problems that -- any other questions? Cassinelli: Mr. Chairman? Fitzgerald: Commissioner Cassinelli. Cassinelli: Is it your -- you're the property adjacent to Linder; is that correct? To the north of the -- Lawrence: Yes. On the corner. Cassinelli: Okay. Do you have a fence in your -- in your backyard? Lawrence: We have vinyl fencing. Cassinelli: Is it a standard six foot fence? Lawrence: Oh, no. It's like a four or five foot fence. Cassinelli: Okay. Lawrence: But it's -- it's the vinyl -- Cassinelli: Slatted. Lawrence: -- farm fencing. Cassinelli: Oh, the farm -- okay. Like a three rail fence. Okay. Lawrence: I had to train my dogs not to go under it. Cassinelli: Important there. Thank you. Fitzgerald: Any additional questions? Thank you, sir, very much. We appreciate it. Johnson: Next is Casimir Sergei. You can bring an interpreter. Meridian City Council Meeting Agenda November 15, 2018 – Page 11 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 8 of 43 Fitzgerald: Oh, no. He wants to testify for the church I think. Johnson: My apologies. Fitzgerald: Thank you. We will make a change. The church application. Johnson: And that was everyone. Fitzgerald: Does anyone in the audience wish to testify on this application that hasn't yet or hasn't been called? Would the applicant like to come back up and respond? Lennon: Name again? Fitzgerald: Yes, sir. Lennon: Tom Lennon with Erstad Architects. Our apologies to Mr. Chestnut. Screening we can provide. No issues there. I think we could -- we would be more than happy to work with the planning department as do we want something more solid or do we want to do some -- you know, we can stagger the screening, maybe starting at the berm adjacent to the street. The one point I would like to make is that -- Commissioner Yearsley, like you brought up and I appreciate that -- because the speaker is facing south we also have the building between the gentleman's house and our speaker, which is a lot different than what Taco Bell is across the street and as far as the trash guys, I think -- I don't know what we can do about that, but -- but as far as the screening and the -- and the lights, I totally understand that. What we -- I have just spoken with the client, we can easily get that taken care of in our design review. Fitzgerald: Okay. Any -- Holland: Mr. Chairman? Fitzgerald: Commissioner Holland. Holland: One question. Could you clarify what the hours of operation will look like for this facility? Lennon: 7:00? Holland: The hours of operation, how early they will be open and how late they will be open. Lennon: So, 11:00 in the morning until 10:00 at night. Holland: Thank you. Lennon: No early morning 5:30 breakfast. Meridian City Council Meeting Agenda November 15, 2018 – Page 12 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 9 of 43 Fitzgerald: And, Sonya, this is a CUP, so in working with the applicant to make sure that proper landscaping or buffering, I guess, of the gentleman's house, how would we put that in place? Allen: Mr. Chair, staff would appreciate some pretty clear direction from the Commission. Fitzgerald: Got it. Allen: Staff is happy to work with the applicant to -- to get there, but some clear direction would be good. Also if you're inclined to restrict the hours of operation that would also be something that you would need to recommend in the staff report. Fitzgerald: Commissioner Yearsley, go right ahead, sir. Yearsley: Mr. Chair. So, clear direction. Do you mean by shrubs or a fence? Or do we just want to say screening and let you decide? I just want to make sure that what -- that clear direction. But I can -- I think from that I -- Allen: The more details the better. Yearsley: Okay. Allen: If you're -- if you're going with landscaping it would be good to know, you know, spacing. If we are talking, you know, location, if we are talking on this property or on the neighbor's property. He might prefer being on their -- on his property. That's something you may want to ask him. Yearsley: And I guess the question is do you have room for a small fence along your edge of your property to put it there? Because I think the fence would be a better screen than landscaping. Lennon: Yeah. We are good. Yearsley: Okay. Lennon: We would -- yeah, we can do the solid fence and we probably want to screen it from the street side, though, just to make sure we buffer that a little bit. Yearsley: Okay. I'm good. That works. Cassinelli: Mr. Chair? Fitzgerald: Commissioner Cassinelli. Meridian City Council Meeting Agenda November 15, 2018 – Page 13 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 10 of 43 Cassinelli: Is there -- would you have a -- if it was a fence, something solid like that, would you have a preference of a -- of a material? Do you want -- I mean stone versus -- versus a fence? As the architect what would you -- Lennon: I think I -- I would rather not choose that tonight if possible. If I can do a solid fence of some kind that -- and we could work with staff through the DR and CZC, I think we can come up with a solution that would work for -- for all parties. Cassinelli: Okay. Fitzgerald: Bill, did you want to add anything to the discussion? Parsons: Mr. Chair, Members of the Commission, certainly if you -- the applicant has to go through design review. As part of screening requirements we typically want a wall or any kind of mechanical screening. We wanted it to compliment the design or the -- the architecture of the building. So, I think we could probably get there with the applicant if they are willing to do more than just a wood fence or a vinyl fence, but at least when they are designing this and working with us they think about that context as part of the design review application to incorporate some of those same materials, so it's -- it's a cohesive design and we get something attractive along that street. Lennon: If I may, there is no stone on our buildings and if we could try to incorporate something with the colors, the plaster, the metals that are -- that are on the building, I would prefer something that way, rather than a stone. It's kind of -- Fitzgerald: It's stucco; correct, sir? It's a stucco -- stucco building? Lennon: Yes. Fitzgerald: Okay. Lennon: Yes. Fitzgerald: Any additional questions? Yearsley: Mr. Chair? Fitzgerald: Commissioner Cassi -- or Yearsley. I can -- I'm looking both ways. Yes, sir. Go ahead. Yearsley: Sonya, do you have issues with removing the red island that -- your island in red? Allen: Mr. Chair, Commissioner Yearsley, Commissioners, I do not. It was actually a recommendation and it was worded as such in the staff report, so they can take it or leave it. Meridian City Council Meeting Agenda November 15, 2018 – Page 14 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 11 of 43 Yearsley: Okay. Allen: If you would prefer that it be there though, however, you can make that change to the staff report. I would like to actually -- I just realized that I forgot a condition of approval in the staff report that needs to be there. Hours of operation in the C-C zoning district when adjacent to residential uses is restricted from 6:00 a.m. to 11:00 p.m. There is a local street that separates this site from the residential. So, it's not directly adjacent to it, but if that is something that you would wish to include in the conditions, please, note that. Fitzgerald: Are you good with those? Lennon: Uh-huh. Fitzgerald: Any additional questions for staff or the applicant? Holland: Mr. Chair, just one question. When Sonya was giving some conversations about what we could or couldn't do, I wonder if we want to ask the gentleman who has the house on the corner of Island Green and Linder, while we still have the hearing open, if perhaps it would be better to work -- have this tenant work with them to build the fence on their side, rather than having a fence on the -- this property itself? If we want to have that conversation. Yearsley: Well, I think he talked about it how he would prefer the screening to be on their -- on their property, not on the other side of the street and I think that makes a lot more sense. Fitzgerald: Yeah. Working off property gets a little hairy, especially because that's not -- this chunk right here is not his property. Holland: Okay. Allen: Mr. Chair? Fitzgerald: Yes, ma'am. Allen: If I may, what I heard, which may or may not be correct, from the neighbor was that he didn't expect it to be put on his place -- on his property. So, you -- if you want to get clarification from him. Fitzgerald: Sir, would you mind stepping to -- would you come forward, sir, again and give us your thoughts if -- if you would like this landscaping on your property or on the Del Taco property. Lawrence: Name and address again? Meridian City Council Meeting Agenda November 15, 2018 – Page 15 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 12 of 43 Fitzgerald: Please. That would be great. Lawrence: Andrew Lawrence. 1685 West Brandt Lane, Meridian, Idaho. I was thinking of shrubbery. I would not like that on my property. If there was alteration to my fence, I would not object to that. You know, if it was discussed and I agreed on what they decided to do. There is also -- I don't know who owns the -- who they consider the ownership of the easement from the outside of my fence to the street. That would be a good place for -- for shrubbery or whatever, but I'm willing to work with them. I'm not -- you know, not totally a bad guy. Fitzgerald: Okay. Any questions -- any additional questions? Thank you, sir, very much for the clarification. Lawrence: Thank you. Fitzgerald: Would the applicant like to come back real quick? Any additional thoughts on working with them on a fence for his property or -- or how would you guys rather handle it? Would you rather handle it on your property or on -- on his? Lennon: We would prefer on our property. Fitzgerald: Okay. Lennon: Yeah. Fitzgerald: Okay. Lennon: Just to make everything clean. We start working on another property it's -- and it's city property between us and him, so -- Fitzgerald: Okay. Any additional questions? Holland: Don't think so. Cassinelli: Mr. Chair? Oh, not for the applicant. Fitzgerald: Okay. Thank you very much, sir. We appreciate it. Commissioner Cassinelli, go ahead. Cassinelli: I did have a -- a question for staff. Is -- is -- is this one pad site, is this -- is that -- is there a DA that it's over all those -- the businesses that are going -- that C-C section there, are they all independent? And the reason I'm asking is for fencing material, whatever we -- whatever we make a motion for, does it need to -- is there given materials or anything or -- that fit within -- I know there is a bank right next to that and I believe there is a -- many other businesses that are going in. Meridian City Council Meeting Agenda November 15, 2018 – Page 16 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 13 of 43 Allen: Is your question is there a development agreement on this? Cassinelli: Correct. That would govern a fence or something. Allen: There is a development agreement on this property, but it doesn't speak to what's been discussed here tonight. Cassinelli: We can -- Allen: If you're -- if you're wanting to make a requirement for this development you need to make it with the conditional use permit that's before you tonight. Cassinelli: Okay. Thank you. Fitzgerald: Any additional questions of staff? Cassinelli: Mr. Chairman? Fitzgerald: Commissioner Cassinelli. Cassinelli: I move we close the public hearing on Item No. 4-B, Del Taco, H-2018-0106. Holland: Second. Fitzgerald: I have a motion and a second to close the public hearing on H-2018-0106. All those in favor say aye. Opposed same. Motion passes. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: Okay. Who wants to start? Yearsley: Mr. Chair? Fitzgerald: Commissioner Yearsley. Yearsley: I think, you know, based on the discussion that we had, I like the idea of a fence being on their property. I don' know if I really care to tell them what it is, as long as they work with staff and -- and have it be complementary to their building. I think between the architect and the staff they can come up with a look that will look well, because I can tell you I can't -- that's not under my purview, so -- and I do -- I'm -- I understand the applicant's request not wanting to put that one island in, but I think the other island that Sonya -- the one in green, I think it makes a lot of sense. It will be a lot cleaner to have that in there and I understand what his -- you know, trying to back out, if -- if he has that there, the -- those couple of parking spots close to the building may end Meridian City Council Meeting Agenda November 15, 2018 – Page 17 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 14 of 43 up having to go away or reconfigured. So, I think with the green one I think it will help with the traffic flow, make it a lot cleaner. So, that's -- that's what I would recommend. Fitzgerald: Commissioner Holland. Holland: Mr. Chair. One question for staff, too. I'm sorry I missed this one earlier. Do we have any proposed projects for south of the site currently? I know we -- we saw one that was a bank somewhat recently that came through. Allen: Yes, we do. There was a carwash that was recently approved there. Just -- just another couple thoughts -- I don't want to beat this to death, but on the -- on the screening requirements you might leave an out. If you're leaning towards a fence in your recommendation or your decision I should say, you might leave an out. Maybe require that or as -- as agreed upon with the -- with the neighbor and the applicant. Typically we don't like to provide too much screening of drive-thrus. We want it to be visible for public surveillance from the streets for the officers and whatnot for safety. This particular site is open from Linder Road, but I just -- I just want to be careful and not totally wall it off either from Island Green, so -- Fitzgerald: And, Sonya, we have done just like ten foot wall sections before, like brick ones -- Allen: Yeah. Fitzgerald: -- that are -- that are -- that chilled the sound or the -- Allen: Right. Fitzgerald: -- the light, so I would -- Allen: Yeah. I think we can come to some agreement and I would be willing to facilitate a meeting with the applicant and the neighbor as well if that would help, so -- anyway, that's my thought. Yearsley: Well -- and my -- my thinking of a fence was just wide enough for the screening for the light. So, I wasn't talking about the entire property, so -- Fitzgerald: And that's my -- my take as well is I would want it to be as wide as the need be to block the -- the lights, but not any wider, because I think -- they wouldn't want it for marketing purposes, but -- and -- and the police wouldn't want it for being able to track what's going on there. So, that would be my take. Holland: The only other thoughts I have, too, I -- I would agree, I think the landscape buffer on the west side of the property makes a lot of sense to help traffic flow. I don't see having the -- the spot that's designated in red with the -- extending the curb is something I would necessarily want to see. I think it could be -- I know sometimes when I go through a drive-thru and I may be missing some sauces or whatever to go with my Meridian City Council Meeting Agenda November 15, 2018 – Page 18 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 15 of 43 tacos, sometimes it's easier to pull back in the parking lot and run back inside, rather than to loop all the way back around. So, yeah, that -- I think that would be the only change I would -- I would request, aside from having some sort of landscaping buffer and I'm open to leaving some discretion for staff and the applicant to work with the -- the neighbor on what would be appropriate there. Fitzgerald: Commissioner Cassinelli, do you have any thoughts? Cassinelli: I'm -- I'm in agreement with my fellow Commissioners that we come up with a satisfactory screen. I don't think that we need the curb extended in the red. I do -- and just to clarify, Sonya, the green what -- what -- what's -- what's the intent in the green there? Allen: Chairman, Commissioners, the intent of the green is so that we don't have traffic coming in the access here, driving in this way. We don't have traffic going in this way, conflicting with the drive-thru traffic coming out. That one was more important to staff and that is a requirement, unless you guys make a change to it and this one, again, was just -- the red line was just a recommendation. Cassinelli: Okay. Allen: And just one more note -- Fitzgerald: No more notes. Allen: As you can -- the neighbor that testified, I believe his property is right here. It looks like -- the kind of pink area on the north side of the road and that was that kind of buffer area that already had some landscaping in it. That is part of this subdivision, so possibly some landscaping could be put on that lot, rather than the neighbor's property or on this property. You know, I would think that would be a good option. Fitzgerald: And up with giving staff the -- and the applicant and the neighbor a leeway to make a good decision. I think -- I think working with the developer is going to be -- working off your own property gets -- Yearsley: Oh, absolutely. No. I understand. But we don't -- I heard the comment be specific, but, then, we are getting all sorts of different options, so -- Fitzgerald: So, my take -- Cassinelli: Whoever wants to do a motion can design it anyway they want. Fitzgerald: My -- I agree with all of you about the -- the red extension to the curb. I don't think that's necessary. I think the project works there. I do appreciate the applicant being cognizant of the squawk box being away from the residential and I appreciate their willingness to work with that -- with the neighbors to block their Meridian City Council Meeting Agenda November 15, 2018 – Page 19 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 16 of 43 headlights in the back of their house and so I think in that regard I would entertain a motion if there is any -- unless there is any additional comments, but I think a solid fence -- a solid wall or, you know, some significant landscaping there, giving staff the leeway to do it would probably be my thought. Yearsley: Mr. Chair? Fitzgerald: Commissioner Yearsley. Yearsley: After considering all staff, applicant, and public testimony, I move to approve file number H-2018-0106 as presented in the staff report for the hearing date of November 1st, with the following modifications: That the condition of -- that the hours of operation be limited to 6:00 a.m. to 11:00 p.m. and that the applicant work with the adjacent homeowner to come up with an appropriate screening of the lights for the -- for the property, preferably a fence, but, hopefully, a mutual agreeable solution that's specific enough. Holland: I will second. Fitzgerald: Just a clarification. Are we -- the extension of the curb, is that not a condition that we have to worry about? Yearsley: It was a recommendation is what I understood. Fitzgerald: I have a motion and a second. All those in favor say aye. Opposed same. Motion passes. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. C. Public Hearing Continued from October 18, 2018 for Alturas Rezone H-2018-0105) by Travis Barney, Alturas 1550 Tech Lane, LLC, Located at 1550 S. Tech Ln. 1. Request: Rezone of 7.24 acres from I-L to C-G zone Fitzgerald: Okay. Moving on to our next application. Open the public hearing on H- 2018-0105, Alturas Rezone and we will start with the staff report. Allen: Thank you, Mr. Chair, Members of the Commission. This application is for a rezone. This site consists of 7.24 acres of land. It's zoned I-L, located at 1550 South Tech Lane. This property is part of a larger area that is subject to the terms of a planned development that was approved in 2001 that allowed professional and sales offices, a daycare center, and a community and neighborhood shopping center -- retail uses with approval of a conditional use permit, along with any allowed uses in the I-L zoning district. The Comprehensive Plan future land use map designation for this property is commercial. The applicant is requesting a rezone of 7.24 acres of land from Meridian City Council Meeting Agenda November 15, 2018 – Page 20 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 17 of 43 the I-L to the C-G zoning district, consistent with the commercial future land use designation. The applicant is proposing to continue the current use of the property of retail, office, and church uses. No new development or redevelopment is proposed at this time. The applicant is requesting the terms of the previously approved planned development to no longer apply to this development as a provision of the subject rezone application through the development agreement. City services, sewer, water and police and fire protection are currently provided to this property. Due to the limited sanitary sewer capacity available to this property, all new proposed tenants should first obtain approval from the Public Works Department prior to leasing and occupying space within the building. There is an existing full access for this site via South Tech Lane, a private local street, along the west boundary of the property. I will just flip to the site plan here. That is this road right here. I'm actually going to just go into the aerial view of the property. It's a little easier to see here. This is the property right here. So, this is their existing access via Tech Lane and, then, they also have an existing full access via Overland Road right here, which is an arterial street and they do share that access with the property to the east, the Intermountain Pet Hospital. The ingress access to this site by Overland is located on the adjacent property, the veterinary property to the east, while their egress is located on this property. This is the sole access for the property to the east. Although the shared access physically exists and is being used by both parties, there is no ingress-egress easement currently in place. The current configuration of the access via Overland and parking lot design on both properties is not a safe design and creates traffic conflicts and unsafe conditions. You will notice here -- I will just kind of zoom in. This island here kind of restricts traffic when they are coming around here to kind of pull in front of this driveway in here to get over here to the exit. Same way coming in and going to this property. The two property owners are currently working together on a redesign of the entrance to their properties and parking lots that will create a more safe access via Overland and circulation between both properties, with a new cross-access driveway further to the north between the two properties. As part of the certificate of zoning compliance for that project, the property owner was required to record a reciprocal cross-access ingress-egress easement with the subject property owner, which I understand is currently in process. The UDC requires access to be taken from a local street when available and restricts access to collector and arterial streets. This standard applies when there is a new, expanded or extended use or development of the property such as this, where the zoning and use is changing from industrial to a more intense commercial zoning and use. Because this site has access via a local street, South Tech Lane, access would typically be restricted to that access and access via the arterial street, Overland Road, would be terminated unless otherwise waived by City Council. Because there is no legal means of ingress to this property or egress for the adjoining property via Overland Road, if the applicant wishes to retain the access via Overland staff recommends a reciprocal cross-access ingress-egress easement is recorded with the adjacent property to the east prior to rezone ordinance approval as a provision of the proposed rezone in accord with UDC 11-3A-3, which requires cross-access easements to be granted to adjacent properties when access via a local street isn't available. A total of 222 off-street parking spaces currently exist on this site. However, the eastern portion of this parking lot is proposed to be reconfigured, as I mentioned, through a separate certificate of zoning compliance application that was Meridian City Council Meeting Agenda November 15, 2018 – Page 21 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 18 of 43 recently approved, which will result in a reduction in parking to 215 spaces. Based on the square footage of the building, which is 106,000 square feet, a minimum of 212 spaces are required. The existing and proposed parking complies with the minimum UDC standards, although staff is concerned there will be adequate parking for the uses. The applicant should be mindful of the type of potential tenants and their parking needs to ensure adequate parking continues to be provided on the site. Street buffers, landscaping and sidewalks exist on the site along West Overland Road and South Tech Lane in accord with UDC standards. There are two existing loading dock areas on the west and one on the east end of the building facing Overland Road and that is these areas right here -- that the applicant wishes to continue using. Current design standards do not allow loading docks in areas that face in arterial street. However, because the loading docks were lawfully constructed at the time, they are considered a nonconforming use and as such are allowed to remain and be used subject to the standards listed in the UDC for nonconforming uses. Staff is recommending approval with the requirement of a development agreement containing the provisions in the staff report. Staff will stand for any questions. Fitzgerald: Any questions for staff? Thank you, Sonya. Holland: Oh, one question. I'm sorry. Fitzgerald: Commissioner Holland. Holland Sonya, the biggest benefit of them going through this rezone is just so they can have the existing uses continue the way that they should, because it's commercial rather than light industrial? Allen: Yes. Yes. And not have a use permit. Holland: Thank you. Fitzgerald: Additional questions? Would the application like to come forward, please? Please state your name and address for us. Clark: Members of the Commission, my name is Hethe Clark. 251 East Front Street in Boise. I'm with the law firm of Spink Butler, representing the applicant. Just a couple of brief comments. This idea came up shortly after my clients acquired the property in a meeting with Bill and we were discussing, you know, the way that the property has been used, but the way that it was anticipated to be used in the future. The -- the rezone, as Sonya mentioned, matches the Comprehensive Plan designation of commercial. It also helps us with some of our -- with our -- our tenant mix. Here is an example is one of our primary tenants is a furniture consignment store. It's been a great tenant. They would like to take more space. It's easier to accommodate that in a -- in a commercial zone than it is in the light industrial. And as Sonya mentioned, no site changes are proposed with the application. We are in agreement with the terms and conditions of the staff report. I just need to make one comment about that. I try really hard to make Sonja Meridian City Council Meeting Agenda November 15, 2018 – Page 22 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 19 of 43 happy. It's like one of the main things that I do in life and I got really close on this one. So, we have been talking a lot about this cross-access with the business on the east. This has quite a bit of history. We have -- we have been working through this. We actually had a CZC on this property six or eight months ago and we did give a conditional easement there that was conditioned on our neighbor giving us an easement, but we just haven't quite gotten to the end of those discussions. As Sonya mentioned, we are very close. We have a CZC that's approved. We have an easement agreement that has been drafted. We should have this wrapped up prior to going to Council, but I just want to state a reservation, let's put it that way, that if for some reason those negotiations go sideways that I would like to be able to revisit that condition by the time we get to Council. But what I'm proposing now, because I like to make Sonya happy, is to stick with the conditions as they are currently drafted and just have this on the record in the meantime. Any questions? Fitzgerald: Any questions for the applicant? Yearsley: My only comment was we want to make Sonya happy. Fitzgerald: Me, too. A happy Sonya makes us all happy. Clark: Yeah. Fitzgerald: Any questions for the application at this time? Thanks, Hethe. We appreciate it. Clark: Thank you. Fitzgerald: Chris, anybody signed up to testify? Johnson: There was nobody signed in. Fitzgerald: Is there anyone in the audience that would like to testify on this application? Hethe, do you need to say anything else? Okay. Is there any additional -- Holland: Mr. Chair? Fitzgerald: Oh, Commissioner Holland. Holland: I was just going to make a motion. Fitzgerald: You go right ahead, ma'am. Holland: Close the public hearing for the Alturas Rezone, H-2018-0105. Cassinelli: Second. Meridian City Council Meeting Agenda November 15, 2018 – Page 23 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 20 of 43 Fitzgerald: I have a motion and a second to close the public hearing on Alturas Rezone, H-2018-0105. All those in favor say aye. Opposed same. Motion passes and we will close the public hearing. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: Any thoughts? Cassinelli: Slam dunk. Yearsley: Yeah. No one's against it and it's just trying to make it easier for them to do their business. Fitzgerald: And my only comment -- and we appreciate you guys working with them. I think trying to get that -- the access point for both places -- because they cross, which I think is nuts. Trying to get that cleaned up would be -- we very much appreciate that. I think the pet hospital and their tenant -- or their owner would be -- I think it would be a good thing for that area. That's that crazy weird intersection and so we applaud your efforts to get that cleaned up. Holland: Mr. Chair? Fitzgerald: Yes, ma'am. Go right ahead. Holland: The only comment I had -- it always pains me a little bit when we have these nice industrial buildings that turn into commercial uses, because there is just not a lot of inventory in the valley for nice industrial spaces, but with the tenants that they have and the operation that they want to move forward with, I don't have any concerns with changing the use to make it a little bit more easy for the -- the customers they are serving. Fitzgerald: Could I entertain a motion? Cassinelli: Mr. Chairman? Fitzgerald: Commissioner Cassinelli. Cassinelli: After considering all staff, applicant and public testimony, I move to recommend approval to City Council -- this isn't a CUP; right? No. It's a rezone. To City Council of file number H-2018-0105 as presented in the staff report for the hearing date of November 1st, 2018. Yearsley: Second. Fitzgerald: I have a motion and a second. All those in favor say aye. Opposed same. Motion passes. And we appreciate -- congratulations. Good luck. Meridian City Council Meeting Agenda November 15, 2018 – Page 24 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 21 of 43 MOTION CARRIED: FOUR AYES. THREE ABSENT. D. Public Hearing for Sulamita Church (H-2018-0110) by Matthew Garner, Located at 4973 W. Cherry Ln. 1. Request: Conditional Use Permit for a church on 8.49 acres of land in an R-8 zoning district Fitzgerald: Okay. Moving on to the next application. I would like to open the public hearing on H-2018-0110, Sulamita Church and start with the staff report. Allen: Mr. Chair, Members of the Commission, the next application before you is a request for a conditional use permit. This site consists of 8.49 acres of land. It's zoned R-8, located at 4973 West Cherry Lane at the southwest corner of West Cherry Lane and North Black Cat Road. Adjacent land use and zoning. To the north and south are rural residential and agricultural uses, zoned RUT in Ada county. To the west is vacant undeveloped land, zoned R-8. It's also owned by the subject property owner. And to the east is Black Cat Road and single family residential properties, zoned R-4. This property was annexed back in 2014 and a conditional use permit was approved for a church for the same use and same church and everything, but it has since expired from that time. So, that's why they are reapplying. The Comprehensive Plan future land use map designation is medium density residential. A conditional use permit is requested for a 28,457 square foot church facility in an R-8 zoning district. There is an existing vacant home and accessory structures on this site. Those are located here at the bottom corner of the development. The applicant is requesting approval for the home to be used as a job trailer during the construction of the church and they will remove all structures prior to issuance of certificate of occupancy for the church. One access via Black Cat Road and one access via West Cherry Lane is proposed for the site as shown. The access via Black Cat is required to align with West Thorn Creek Street across the street to the east as required by ACHD. Parking is provided on the site in accord with UDC standards. A minimum of 57 off-street parking spaces are required, 191 spaces are proposed. A 25 foot wide landscape street buffer and sidewalk is required to be constructed along the entire frontage of the development on Cherry and Black Cat. Ten Mile Creek runs along the south boundary of the site and is required to be protected during construction. A ten foot wide pathway is required to be constructed along the north side of the creek with development in accord with the pathways master plan. There are no written testimony -- there is no written testimony on this application and staff is recommending approval with the conditions in the report. Staff will stand for any questions. Fitzgerald: Any questions for staff? Would the applicant like to come forward, please? Please provide your name and address for the record, please, sir. Garner: Thank you, Commissioners. It's -- am I on? Matthew Garner. My address is 224 16th Avenue South in Nampa. 83651. As Sonya just said, the -- the CUP was issued back in 2015. It did expire and now the church is ready to proceed with the work and so we are applying for the conditional use permit to be reinstated or continued. Meridian City Council Meeting Agenda November 15, 2018 – Page 25 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 22 of 43 Conditions of approval are great with us. I did have one question. It says that the future structure inside design shall comply with design standards in the architecture standards manual. Will this be addressed -- because we already have the building designed. Will we be able to address this during a design review or a CZC? Fitzgerald: Sonya, you want to cover that real quick? Garner: Did you hear me, Sonya? Allen: Sorry, I did not. Would you repeat the question? Garner: Item No. 8, we will have to still go through a design review and a CZC -- Allen: Yes. Garner: -- so we can address to make sure that our architectural design, which is already complete, will comply with the architectural design standards. Allen: Yes. That is on the staff report. Yes. Garner: So, yeah, that's all I have is just we are -- we are excited to get it going. Fitzgerald: Very good. Any questions for the applicant? Cassinelli: I do have a question. Fitzgerald: Commissioner Cassinelli, go ahead. Cassinelli: In the lower left -- I guess that would be the -- the southwest corner of the property -- are there -- it says unmodified portion of parcel -- are there existing plans for that or is it -- Garner: Where are you at? Cassinelli: Down there -- I don't know if that's just grass area or -- Garner: Everything behind the church is going to be designed, basically, to have -- Cassinelli: It should be on your screen. Garner: There is nothing on this screen. But everything behind the church itself where those buildings are down there that will be removed, that will all be activity fields. So, it will be, basically, sod back there. Cassinelli: Okay. Thank you. Meridian City Council Meeting Agenda November 15, 2018 – Page 26 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 23 of 43 Fitzgerald: Now you destroyed everything, Chris. Sonya, while he's bringing that up, is that in our -- in agreement as well. Is that all going to turn into sod and activity fields, rather than how its presented here, as it kind of being undeveloped? Or unmodified? Allen: Yes. It's part -- it's part of the use. Fitzgerald: Okay. I just want to make sure that's on record. Any additional questions of the applicant? Thank you very much, sir. We appreciate it. Garner: Thank you. Fitzgerald: Chris, is there anyone signed up to testify on this application? Johnson: There are 21 persons signed in. Two indicating they wish to testify. Anton Boyarchuk. Fitzgerald: Hello, sir. Please give us your name and address for the record, please. Boyarchuk: Yes. Anton Boyarchuk. 399 East Santiago Drive, Meridian, Idaho, and I am here to say that I approve this church building, because we need to grow, you know, because our church is growing and we need to grow. I am a full-fledged board member of this church and I approve what they are all doing trying to accommodate this in a very timely manner, because it's been going on for a very long time and we decided to actually build a church. We need to grow. We are growing and numbers are stacking, which is really seriously want to build a church, have in place to gather, have our children grow, have a school, have a daycare, something similar to that. Something down the road with some other upgrades if possible. I approve of this. I have nothing else to say. Fitzgerald: You're welcome. Any questions? Thank you very much. Johnson: Kazimir Sergey. Kazimir: Good evening, ladies and gentlemen. I would like to -- my name is Sergey Kazimir. My address is 5431 North Blacksand Avenue, Meridian, Idaho. 83646. And I am -- I am part of the church and we are so excited about this building -- building project and we hope everyone -- a lot of individuals can get whatever they need from the Lord for their souls and that would be good blessing for the community. Thank you. Fitzgerald: Thank you, sir. We appreciate it. Is there anyone else who would like to testify on this application? Sir, go right ahead. Please state your name and address for the record. Bennett: Good afternoon. My name is Jesse Bennett. 3848 West Newland. I live in the area. I do have a concern I would like to bring to the Commission to consider and that is the ditch or the creek that runs south of the property. There -- more and more as the area grows a lot of children tend to use the sidewalks in the areas. I notice that on Meridian City Council Meeting Agenda November 15, 2018 – Page 27 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 24 of 43 the plans it shows it's undeveloped and there is no -- I would like the Commission to just take into account that we want to make sure that that area is safe or -- or that there is some type of plan to make sure that children who are using -- or people who are using that side of the street have a safe access or area to walk on. Thank you. Fitzgerald: Thank you, sir. Anyone else wish to testify? Would the applicant like to come back and respond to anything? Garner: Matt Garner. Address 224 16th Avenue South in Nampa. As far as the canal there, I think it is a condition of the approval that there will be a pathway that's going to be built along the creek there on the north side that will be -- and like we said that big field back behind there will be developed. It's going to be activity fields and with that pathway going through there, you know, we will make that usable along that side and -- Fitzgerald: Very good. Thanks, Matt. Garner: That's it. Fitzgerald: Any other questions for the applicant? Thank you very much. Garner: Thank you. Fitzgerald: Any other questions for staff? I would entertain a motion to close this public hearing. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I move we close the public hearing for the Sulamita Church, H-2018-0110. Cassinelli: Second. Fitzgerald: I have a motion and a second to close the public hearing on H-2018-0110. All those in favor say aye. Opposed? Motion to close the public hearing is passed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: Thoughts? Commissioner Cassinelli. Cassinelli: I am -- I am in favor. They have -- they were granted a CUP approval in 2000 -- was it 2014 or '1? When was it? Holland: '14. Meridian City Council Meeting Agenda November 15, 2018 – Page 28 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 25 of 43 Cassinelli: '14. Okay. Too many dates tonight. I think it -- you know, they are -- they want to comply with everything. No objections from staff. I think it all looks good and I think it will fit in that -- in that -- in that area nicely. Fitzgerald: Commissioner Holland. Holland: Mr. Chair, I -- I don't have any concerns with the application. I think it looks like a nice -- nice layout. I think it's great on that corner. There is -- it's always nice to see something other than houses on corners when you have got a lot of traffic going on them, so I appreciate the site plan. I think they have got a lot of green space in it, which we always like seeing, especially when there is a pathway that connects into some of the neighboring -- neighboring neighborhoods and other uses in the future. So, no concerns here. Yearsley: Mr. Chair, I -- Fitzgerald: Commissioner Yearsley. Yearsley: I -- when the application came forward I was like I thought we already approved that, but I understand why we are doing it again. I voted for it the first time, I will vote for it on the second time. Fitzgerald: And I -- I totally agree. I think the -- the site plan looks great and just for clarification, Sonya, we don't have any problem with them using the existing structure as a job trailer, as long as it's removed before zoning -- or I mean -- before occupancy; correct? Mr. Chair, correct. Fitzgerald: Okay. No, I think it's -- it's a great design. I think you guys are going through design review anyway and so I think it should be a good addition to that neighborhood. So, I think I will entertain a motion, unless there is additional comments. Cassinelli: Mr. Chair? Fitzgerald: Commissioner Cassinelli. Cassinelli: After considering all staff, applicant, and public testimony, I move to approve file number H-2018-0110 as presented in the staff report for the hearing date of November 1st, 2018. Yearsley: Second. Fitzgerald: I have a motion and a second to approve H-2018-0110. All those in favor say aye. Opposed same. Motion passes. Congratulations. Thank you. Appreciate it. MOTION CARRIED: FOUR AYES. THREE ABSENT. Meridian City Council Meeting Agenda November 15, 2018 – Page 29 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 26 of 43 E. Public Hearing for Elevate Franklin Storage ( H-2018-0109) by Ten Mile Development, LLC, Located at the NW corner of W. Franklin Rd. and N. Umbria Hill's Ave. at 3755 W. Perugia St. 1. Request: Rezone of 3.53 acres of land from the L-O to the R- 15 zoning district; and 2. Request: a Development Agreement Modification to remove the subject property from the existing agreement (Instrument No. 106002636, Silver Oaks Subdivision) Fitzgerald: Okay. We will open the public hearing on H-2018-0109, Elevate Franklin Storage and start with the staff report. Did you get all of them tonight? Allen: I did, Mr. Chair. Fitzgerald: Man. Allen: I am the lucky one. Fitzgerald: Wow. You draw the short straw. Allen: Now I'm going to be teased incessantly by staff about -- Fitzgerald: Did you need a water break or anything? Allen: -- making sure I'm happy. Fitzgerald: Exactly. Allen: Thank you for that. All right. The next application before you is a request for a rezone application. There is a development agreement modification as well, but that is Council review. You can make any comments you would like. But, anyway, it doesn't require Commission action. This site consists of 3.53 acres of land. It's zoned L-O, located at 3755 West Perugia Street. Adjacent land use and zoning. To the east is a church zoned C-N. To the south is residential uses across Franklin Road, zoned R-15. To the west is agricultural property zoned RUT in Ada county and to the north is multi- family residential, zoned R-15. This property was annexed back in 2005 with the Silver Oaks development and platted as Umbria Subdivision. There was a development agreement that was required with that, which has since been amended. The Comprehensive Plan future land use map designation for this property is medium high density residential and it is within our Ten Mile interchange specific area plan. The applicant is requesting a modification to the existing development agreement to remove the subject property from the agreement and a rezone of 3.53 acres of land from the L- O to the R-15 zoning district for the development of an accessory self-service storage facility for the existing multi-family development to the north. The storage facility is subject to the specific use standards listed in the Unified Development Code. I would Meridian City Council Meeting Agenda November 15, 2018 – Page 30 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 27 of 43 like to note that this -- I -- I mentioned that this is an accessory self-service storage facility. It is not for the general public. It is only for an accessory use for the multi-family development Silver Oaks that currently exists to the north. So, they are prohibited from renting to the public. That is a provision of the recommended development agreement. A conceptual development plan was submitted as shown that depicts an indoor storage facility with several different sizes of storage units. Access is provided via West Perugia Street. A secondary access is proposed via North Umbria Hills Avenue as required for self-service storage facilities. A ten foot wide landscape street buffer is required along Umbria Hills Avenue and West Perugia street and a 25 foot wide buffer is required along Franklin Road in accord with UDC standards. The Kennedy Lateral runs along the west boundary of the site. Council previously approved a waiver to allow the lateral to remain open and not be piped. Staff is recommending a six foot tall wrought iron fence is provided matching that to the north in the multi-family development to preserve public safety. Conceptual building elevations were submitted as shown for the proposed storage structures. Building materials consist of metal paneling, hardy paneling and stone veneer. The architectural standards manual prohibits metal paneling as a finish material, however, it can be used as an accent or secondary fill material. So, the elevation submitted with the certificate of zoning compliance should be in compliance with the design standards in the architectural standards manual. There has been no written testimony submitted on this application and staff is recommending approval of the proposed rezone. However, there is an outstanding issue that kind of came out kind of at the last minute on this project. When this property was annexed and subdivided there was a road trust that was required to be submitted to ACHD for half the cost of construction of the bridge and extension of Perugia Street over the Kennedy Lateral. When this property was annexed it was part of the overall Silver Oaks development. So, all of the R-15 area that you see there. The trust was held for ten years by ACHD and, then, released, because the property to the west had not yet developed and they were supposed to be the partner in the other half of the cost of that bridge and the street extension. Because a crossing over the lateral and extension of Perugia is still needed, staff recommended a provision of the development agreement in the staff report requiring the applicant to submit a new road trust to ACHD for those improvements. ACHD was in agreement with that and, then, later retracted that recommendation or requirement in their staff report. Because this application is not for a subdivision, ACHD cannot require and will not hold a road trust for those improvements and the city does not hold road trusts. Therefore, the Commission should consider tonight and make a recommendation on whether or not the improvements should be required in their entirety with this application or not require them at all. Not requiring them at all would require the developer of the adjacent property to the west to complete the improvements in their entirety, unless an alternate agreement for the improvements is reached with the affected property owners. So, staff did just want to call that out tonight and consider that. Staff will stand for any questions you might have. Fitzgerald: Any questions for staff? Cassinelli: I have a question. Meridian City Council Meeting Agenda November 15, 2018 – Page 31 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 28 of 43 Fitzgerald: Commissioner Cassinelli. Cassinelli: Sonya, is there -- along that lateral is there a -- is any of that -- is there a -- a city public pathway along that at all or is there a planned -- Allen: Commissioner Cassinelli, there is not. Cassinelli: Is there one nearby? Allen: I'm trying to remember where it runs here. Give me just a second here. I am not sure, but I can pull up the pathways master plan if you would like to know. Cassinelli: I'm just concerned, because that -- that is -- we did approve apartment buildings to the -- to the west recently; right? I believe. And that's going to be -- Allen: The -- the Commission recommended approval, but the Council ended up denying that -- Cassinelli: So, Council denied that? Allen: -- application, yes. Fitzgerald: There is a new application coming. Cassinelli: Okay. And I mean everything is going to be developed -- it seems to me like there should be some pathways in there. I don't know why -- in that area. So, I would be curious about that. But, obviously, that -- that wasn't looked at and -- you didn't -- staff didn't look at that, did they? Allen: We looked at it. It's not part of the master pathways plan, so there is no pathway requirement on this property. Cassinelli: Thank you. Fitzgerald: Any additional questions for staff? And, Sonya, so we don't have any mechanism, besides asking Becky really really nicely to work with the other owner of the land to -- we don't have -- there is no bonding capabilities, there is no -- there is no feasible capability we have or a tool we have to -- I guess we can hear from applicant and see what their thoughts are. Allen: Yeah. Their -- Chairman, there -- we cannot hold a surety, so the options are require that this applicant, as a development agreement provision, to construct it in its entirety. Fitzgerald: Okay. Meridian City Council Meeting Agenda November 15, 2018 – Page 32 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 29 of 43 Allen: Or not. Or possibly work with that property owner to the west, which I understand -- they are actually -- they did submit an application, a new application for that property. So, it is -- has been accepted by the city and it will be coming before you soon. Fitzgerald: Any additional questions? Becky, would you like to come forward, please, ma'am. McKay: Thank you, Mr. Chairman, Members of the Commission. Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian, business address. The screen is not working. And I'm here this evening representing Ten Mile Development, LLC. As Sonya indicated, we are here this evening to ask for a rezone of 3.53 acres from L-O to medium high density residential or R-15, along with the development agreement modification to facilitate the construction of an accessory use self-storage facility for our Franklin At Ten Mile Apartments. This particular lot was platted back in 2005 with the original Umbria Subdivision. It was intended that it would either be office or possibly a daycare and so all of the city utilities, public street improvements, pressure irrigation -- oh, killer. Thank you. Were installed to this lot 13 years ago and this lot has -- has been vacant and, you know, they had -- they tried to market it on multiple occasions, but really didn't get any interest in it for office or daycare use and so we kind of came around to the fact that the apartment complex really has a need for storage. We have 30 percent of our 369 dwelling units in the apartment complex, which we have constructed in three phases over the past few years, 30 percent of those are three bedroom and we have 98 garages and they kind of took an assessment and of those 98 garages that we provided approximately 65 percent of those garages are used to store not vehicles, but to store furniture, RVs, whatever accessories people have. They are seeing that approximately 30 percent of their turnover is due to people moving into the complex on a temporary basis for one year or less, who are in the process of building a home, so they are storing a significant amount of their personal possessions and they are renting one of the garages. So, we have had some significant parking issues, even though we met and exceeded the parking requirements under the ordinance out here at the facility. So, we kind of got kicking around the idea of, you know, maybe a mini storage would be appropriate. So, we did meet with the staff. We talked to them about what our options were. Obviously, this is located within the Ten Mile area specific plan and the staff said well, you know, storage is allowed in an I-L zone, but based on the medium to high density designation on the land use map, we really couldn't support an I-L rezone, but since this would be accessory to your multi-family, if you rezone it from L-O to R-15 then an accessory storage facility is allowable. So, we kind of, you know, met, went back and the architects tried some different variations on that site plan and -- and what -- what you see here is kind of an aerial map, shows you the Ten Mile Christian Church is located to the east of the project and, then, you can see the apartment complex. This aerial is kind of behind the times, because we have constructed phase one, two and three. So, we have all 369 units online. The project that was proposed to the west, as Sonya, indicated was denied by the Council. The Council was concerned about bringing on another large multi-family project in this area, Meridian City Council Meeting Agenda November 15, 2018 – Page 33 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 30 of 43 because it's kind of stretching emergency services when these fill up so quickly and there are other multi-family projects that are being constructed south in Baraya on the south side of Franklin and, then, obviously, within the Brighton facility just east of Ten Mile Road. This kind of gives you an idea of the overall site plan. The Perugia Street and both Umbria are local streets and the landscape requirements are ten feet. However, we do have 20. We have 20 feet because initially due the fact that this was an L-O zone, we were required to have a 20 foot perimeter buffer, so transition from the R-15 to the L-O. The landscaping along Franklin Road is 25 feet and we have the Kennedy Lateral that is open and traverses -- or is adjoining the property on the western boundary. As Sonya stated in her report, the City Council granted a waiver of the piping of that Kennedy Lateral, so it is an open facility. One of the things that the staff obviously stressed was the aesthetics, because the Ten Mile area specific plan talks about along the arterials that you have significant amount of landscaping, that you have modulation articulation in your -- in your design and they said, you know, we really want you to kind of dress that up along that corridor and so we -- we basically, you know, took all of staff's recommendations. This is just kind of a picture shows you of the vacant parcel that's been there for 13 years and, then, the multi-family dwellings that you see in the foreground. There is the vacant parcel. That's the site plan. This kind of gives you an elevation. So, we kind of had an architectural feature right there at that intersection. We will have signage for the apartments that we plan on applying for along with the design review, but we wanted to, you know, make this look consistent, compatible with what we have there in our apartment complex. One of the other things was staff said, you know, go through that Ten Mile interchange specific area plan and -- and we would like you, obviously, to justify how this fits into that plan and so I did review the plan and the plan basically talks about encouraging a broad range of uses in close proximity to one another, including uses beyond those specifically defined within the ordinance and this storage facility being adjacent and accessory to our apartment complex falls within what I consider, you know, mixed or complimentary uses that are described in the Ten Mile specific plan. The Ten Mile specific plan also highlights a diversity in building forms and encourages neighborhood serving services and retail uses, so that we reduce the number of trips on the arterials. We believe that as far as this as an accessory use to our multi-family development, that meets that test of integration of uses and all the -- obviously, the principle that's also included in the plan where it encourages multiple income producing uses within a particular project and that's what we have before you. So, the -- we have to have that rezoned from the L-O to the R-15 for this. It's all enclosed self storage and the existing development agreement we have asked staff that -- to remove this parcel from the old development agreement and, then, we will enter into a new development agreement that addresses the conditions of approval. We will have a solid masonry wall along that exterior. Like I said, we have articulation. We have broken up the expanse of the wall. We have the focal point at the Franklin and Umbria Hills intersection, which the staff asked us. They asked us to dress up and -- and provide extensive landscaping, so that we -- we continue that -- that corridor look, because Franklin Road is an entryway into the city and, then, our hours of operation will be in compliance with the code, which will be 6:00 a.m. to 11:00 p.m. I reviewed the staff report and one of the things that Sonya brought up was Ada County Highway District, they did -- they did finally get a report over to Meridian City Council Meeting Agenda November 15, 2018 – Page 34 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 31 of 43 Sonya. It was dated October 30th. Initially there was a trust fund for what they considered a bridge across the Kennedy Lateral. The Kennedy Lateral is not a large lateral, it's not like Settlers or the Ridenbaugh, it's a small -- smaller lateral, it's like 36 to 48 inch, depending on where you're located in the cfs that's running through it. So, a bridge is not required. It would just take a pipe in order to cross it. We did do a trust fund -- or the previous developer did a trust fund ten years -- over ten years ago and, then, ACHD since it was never utilized, released those funds. We have built the Umbria stub street to the -- to our boundary, so I don't really feel that it's necessary for us to trust fund just for a pipe or portion of that pipe. When the property to the west develops they put the pipe in. I have many projects where that's the case, that the responsibility falls on one particular development, especially when it's a pipe. Where we need to be concerned about sharing the cost is when we do have a large waterway that takes a bridge structure, like a big box culvert, because those can cost, you know, anywhere from 140 to 220 thousand dollars, depending on the span and the size of the waterway. This is not the case for the Kennedy Lateral. Stacey Yerington with Ada County Highway District did send an e-mail out to the architects, myself , and Sonya stating that the district has discussed it internally and they are no longer requesting that we do a trust fund. So, I ask the Commission to, obviously, modify condition -- believe it is Condition 2-E where it says submit a road trust to Ada County Highway District for half the cost of construction of a bridge over the Kennedy Lateral. Like I said, it's just going to take a pipe. So, the highway district is -- is waving that requirement. We can't trust with the city. The highway district is the governing body on that facility. Secondly, concerning the conditions of approval, I believe it is under Public Works B-2, it talks about providing easements for the project for sewer or water prior to noting it on the plat and providing that prior to development plans. Well, obviously, if we have any easements we are going to have to create those easements after we do the development plans. So, that condition kind of needs to be a little bit reworded where we are not platting this, it's already a platted lot. I think if you just say all easements must be submitted and reviewed along with the development plan approval, then, that would be appropriate, not -- the word prior needs to be removed and any reference to a note on a plat needs to be removed. The other item is item three where it talks about piping of all adjoining irrigation ditches, canals, or laterals. It needs to be noted that we have a waiver for the Kennedy Lateral, so that's not applicable. And, lastly, we kind of -- we have -- I met with the applicants, the architects, and we were just a little bit concerned about 2-B. 2-B reads: The storage facility is allowed to operate in conjunction with and as an accessory use to the multi-family development to the north, i.e., Silver Oaks and shall provide only storage service for the residents of the multi-family development. We are absolutely fine with that sentence. That's -- we -- we are in total agreement. What - - what we have a little bit of heartburn over is the last sentence within that saying providing storage service for nonresidents, i.e., the general public is prohibited and we started talking about kind of some scenarios -- and I will -- this is my last comment, sir. Say we have someone who rents a unit and they, obviously, are an -- one of our residents at the apartment complex, they rent a storage unit, they put their stuff in it, they are building a house and, then, they move out of the apartment complex, but they still have the unit possibly beyond their residence at the apartment complex, then, what do we do? You know, they are obvious -- you know, we may have a situation like that Meridian City Council Meeting Agenda November 15, 2018 – Page 35 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 32 of 43 and so, like I said, we are in agreement with the condition, we just aren't comfortable with that last sentence and I don't think that last sentence is -- is necessary, because I think it -- it makes it very clear with the first sentence that the -- what the use of this is and this is a small complex. We are talking 3.53 acres and the -- and the storage units that I have done, which are open to the public, are typically between seven and ten acres and so this is small on the scale of -- of storage. So -- and that -- and so it fits within that accessory I think definition. But I -- I would ask the Commission if they would remove that last sentence because we are just really concerned -- we don't want to get cross ways with the staff, we don't want to get -- have problems with our residents and - - but we -- we just feel a little bit uncomfortable with the wording on that. Thank you. Do you have any questions? Fitzgerald: Any questions for the applicant? Commissioner Holland, go right ahead. Holland: Sorry. Becky, one question. You -- you kind of already mentioned this, but just making sure, all of these are enclosed units, there is not going to be -- McKay: No. Holland: -- RV storage or anything like that on it? McKay: No. Holland: Okay. McKay: All enclosed. Fitzgerald: Becky, are you good with the additional parking space that's being required? McKay: Yes. Fitzgerald: Okay. Commissioner Yearsley. Yearsley: So, you said that it's -- all that's required is a pipe. Do you know what size of pipe? McKay: I piped the Kenny Lateral at -- at a couple of different locations. It's a 40 -- I think it's a 48 inch if we go south, but as it's delivering water, then, obviously, the pipe size becomes reduced. You know, it may end up being a 42 or a 36 and they would just basically pipe where that road crossing is. Fitzgerald: Right. So, we are not talking about a box culvert a part of -- McKay: No. Yearsley: You know, the pipe -- Meridian City Council Meeting Agenda November 15, 2018 – Page 36 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 33 of 43 McKay: No. Yearsley: -- you can go with different type -- size of pipe, that's why I just wanted to clarify -- McKay: Yeah. Typically, like Settlers Canal, for example, I have had to go box -- with a box culvert -- Yearsley: Right. McKay: -- and it's a 70 -- takes a 72 inch. Yearsley: Right. McKay: And those facilities -- those bridges, like I said -- I think the last one I did was about 150,000 dollars. But when we are talking just a pipe, you know, that's a different animal. Yearsley: Okay. Any additional questions for the applicant? Thank you, ma'am. We appreciate it. McKay: Thank you. Oh, I just wanted to mention -- someone asked about the pathway. I believe there is a multi-use pathway, but it is south of Franklin along that drain and we typically are not allowed to put multi-use pathways along a live ditch based on Nampa- Meridian's requirements. Thank you. Fitzgerald: Thank you, ma'am. Chris, do we have anybody signed up to testify? Johnson: Mr. Chair, there were no sign-ins. Fitzgerald: Is there anyone in the audience that would like to testify? We will start with the gentleman over here. Please state your name and address for the record. Quist: Heath Quist. 4192 West Newland Street. I live in the area and I have helped a lot of people do move-ins here at the apartments that we are talking about and the need is definitely there. A lot of going back and forth to different storage units and I think it's a great idea. So, yeah. Fitzgerald: Okay. Sir. Green: Mike Green. 4168 South River Basin in Boise. I'm actually an investor partner in both the apartments and the storage facility. So, I just want to share with the Commission some interesting facts that you might find on how we sort of arrived at this decision to move forward with a self-storage facility on the site. So, as you can see that site is irregular shaped and we went through a multitude of different options on limited office, light office, light retail and never really got anywhere with the market in our Meridian City Council Meeting Agenda November 15, 2018 – Page 37 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 34 of 43 marketing and moving forward with that design and we started to look at what we see in our apartment community there. As Becky mentioned, it's 368 units. Annualized we turn over about 80 percent of those units. So, that's nearly 275 to 300 units per year that we are turning over. A lot of these residents coming into our community are from out of the state. We track our traffic and 65 percent of our traffic coming in to visit our community are from out of state. We see a lot of folks coming from California, Washington, Nevada and Oregon. We see residents that have rented a unit in our apartment complex that rented four garage units, because they have got nowhere to store their storage. So, we are really offering a temporary housing solution. All these folks are coming in six months, a year, they will break through these, because they are building a house elsewhere in the community. So, we found that we really have a demand for this. We spent about 46 million on the apartment complex and so we really care deeply on how that front corner comes out and that's why you see that the architectural investment that we are making in that site. That's it. Fitzgerald: Thank you. And we appreciate it. Any questions? Thank you, sir. Any additional -- yes, sir. Bennett: Jesse Bennett. 3848 West Newland. I live right behind the apartments. A lot of the people who live in and out are members of our congregation. I have a responsibility for helping them also move in and out and we love the idea of the extra storage. It makes our lives easier by not having to go in a lot of different places and helping these people find different areas. So, all for the idea. Fitzgerald: Thank you. Any additional comments for -- anybody else? Okay. Becky, would you like -- do you have any additional thoughts? Okay. With that I will entertain a motion to close the public hearing on H-2013-0109. Holland: Mr. Chair, I move we close a public hearing on Franklin Storage, H-2018- 0109. Cassinelli: Second. Fitzgerald: I have a motion and a second to close the public hearing on H-2018-0109. All those in favor say aye. Opposed? Okay. Motion passes. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: Commissioners, thoughts? Yearsley: I actually kind of think it's a unique idea, you know, to provide a storage unit for your apartment complex, you know. You know, it makes a lot of sense for -- Fitzgerald: It sounds like they definitely have the need or the issue. Meridian City Council Meeting Agenda November 15, 2018 – Page 38 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 35 of 43 Yearsley: Yeah. Yeah. And may free up some parking as well. So, I think it works out well. Fitzgerald: Commissioner Holland, Commissioner Cassinelli, thoughts? Holland: You know, my -- my first thought when I saw this application was -- it seems like we have seen a lot of storage unit projects lately, especially when there is a storage unit that's even on the screenshot here that's just northeast of the property. So, it makes me scratch my head a little bit about having another storage facility there. The only other concern I have is that it's -- it's on Franklin, which is a major -- major corridor right off the freeway. It's one of the first things you see when you come into -- into Meridian from that Ten Mile, depending on which way you're going. So, I guess there is -- there is a little bit of concern there that the only thing I think that helps it is that it's kind of a triangular in shape and so you're not using a ton of the frontage on Franklin -- Fitzgerald: Yeah. Holland: -- and I think they have -- they have done a nice job of trying to have some modulation, have some visual interest in the front part of it. So, I appreciate that. I don't really have too many concerns on some of the conditions that she had gone through, if we want to go through those. I don't have a concern with changing the last sentence of to be -- to remove the general public prohibited for -- as long as it says that the primary use is -- is for this apartment complex. Fitzgerald: Yeah. Holland: I think most people would know if they are moving out of that complex they would eventually have to move their stuff and maybe we could make a condition that tenants who were in that apartment complex would have to move their belongings within a certain timeframe if that would help with it or -- I'm not sure what's -- how staff feels about that, but -- Fitzgerald: Sonya, I -- my thought is there is no way -- I mean reasonably, unless it's code enforcement, how do you track that anyway? Allen: Mr. Chair, there is no way to track that. Fitzgerald: Yeah. Allen: I just foresee there being an issue if we -- if we don't restrict it, let people move out, they are no longer residents. That first sentence doesn't even apply. I mean it's not correct, if -- if we even leave the first sentence, because they are no longer residents if they move out. Fitzgerald: And the challenge I think becomes -- is you have to be -- it's got to be reasonable. So, it's -- they move out there, they are building a house, they built the Meridian City Council Meeting Agenda November 15, 2018 – Page 39 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 36 of 43 house, is it six months? Is it a year? I mean -- but the real practical thing for me is how do you guys track this? I mean there -- unless it's code enforcement. Allen: We don't. Fitzgerald: That's the challenge. Allen: I would suggest that if you -- Fitzgerald: I don't have a problem with the time frame. Allen: Leave an open to that, so that you require that they put it in their CC&Rs or, you know, some kind of agreement and that we get a copy of that. Fitzgerald: And that -- I think I would be okay with that, because I -- I think it's almost impossible to reasonably track it on the city's side, but it's -- I think it's unreasonable to say like at the day that you move out you must move all of your stuff that day. I think that's just -- that's a challenge and so I get both sides of the -- the issue. Holland: Well, I think -- just to add to that, I think it would be easier for the property management company that's renting out the -- the units as somebody moves out, they are going to know that that person is not living there anymore, so they could say, you know, as you're moving out and turning in your keys, you have got within six months, we would like you to have your storage -- Fitzgerald: Sixty days or -- Holland: Yeah. Whatever it is. Fitzgerald: Yeah. Holland: Whatever time frame if we want to put a time frame on it, but I don't have a problem with removing the word prohibited. I think -- or the general public piece. I think having the first sentence that says it's -- it's for residents -- Fitzgerald: Yeah. Holland: -- and that they would have to work with only residents and who they lease to. I think that would be reasonable. I don't have another concern. She had made a comment about all easements must be submitted and approved, rather than -- Fitzgerald: Along with development. Holland: -- along with development. Yeah. I don't have a concern with that either. Fitzgerald: Commissioner Cassinelli. Meridian City Council Meeting Agenda November 15, 2018 – Page 40 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 37 of 43 Cassinelli: I will say storage units are one of my least favorite. They are -- they are necessary as all get out. I get it. I just think they are -- they are not the most attractive things to look at. They are typically a big blank wall. These are about as -- the architectural renderings seem to be about as -- as nice as -- as they can -- as they can be. I agree with -- you know, with Commissioner Yearsley, it will probably help the -- the parking situation over there. So, I think it's a good solution. They have tried everything else. So, from that standpoint I'm in favor of it. I would like to see the condition -- I'm okay with the -- removing the -- changing the easement condition if staff is okay with that -- with regards to the -- that to be -- I would say leave it there. There is -- you know, there is not a whole lot of teeth. It's -- if somebody moves in there and they are a tenant when they rent it, they are following the -- they are following the guidelines, it's going to be up to them to -- I mean that the whole idea of this is to provide storage for the -- for the tenants. So, they are going -- they are going to want to get people out of there. Code -- I mean it's going to be pretty difficult for code enforcement to go out there and try and do it. I would just like to leave it as is. It tries to put a little teeth into it and I don't think removing that last sentence is going to change it much. The intent is if you live there, you're the only ones that get access to it initially. After that there is not much the city can do anyway. So, I would just as soon leave it. I like it left in there that way. And, then, we have got to come up with a resolution for -- for a pipe. I don't think it's -- and I don't know what that's going to look like. I don't think it's fair to stick the owners of the adjacent property with the -- with the full tab on that. I don't know how we do that. Fitzgerald: The challenge I think is that there is no teeth available to us. We either give them the whole boat right now or we don't. So, it's either -- I mean, that's the challenge. It's -- it almost becomes the cost of development of the next project and I mean you deal with this a lot more on -- on your engineering side. What -- do you have any suggestions? Because I -- I mean offsite work is never fun and it happens all the time in this situation. They bonded for it. ACHD doesn't want to do it right now and so I'm not sure what teeth we have. Yearsley: Well -- and I -- you know, I looked at that. If it's only a 48 inch pipe with head walls, you're not talking a significant dollar amount and not knowing what that future use is over there, does it make sense to connect. Until we know what that future use is it's hard for me to say build a -- build a pipe, you know what I mean? Fitzgerald: Yeah. Yearsley: And so I -- I am not sure if I like it as well as I do, but putting that onus onto the second owner is probably a better -- we can make a more informed decision based on that after we see what they are proposing. Does that makes sense? Fitzgerald: Yeah. Sonya, is there a cross-access easement there or what -- what is driving it besides this interconnection -- besides the -- currently. I mean for that condition of approval? Meridian City Council Meeting Agenda November 15, 2018 – Page 41 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 38 of 43 Allen: Chairman, I'm not sure I'm understanding, but there is no need for a cross- access easement when the -- the street's dedicated. It's -- Fitzgerald: So, it is dedicated. That was -- that was my -- I'm sorry, because it just looked like a cul-de-sac with nothing really -- Allen: It is a cul-de-sac. However, there is right of way to that west property boundary, it just isn't paved to the west property boundary. So, there will be a gap in between there until the culvert bridge -- a bridge culvert is what ACHD calls it -- is constructed. And just a side note that the ACHD report said that they -- the current cost estimate for this project is 52,000. Fitzgerald: For the bridge culvert is 52,000? Allen: Yes. Cassinelli: A chunk of cash. Yearsley: It's expensive for a 48 inch culvert. Allen: Yeah. And, honestly, I will read you the -- I will read you what it says in ACHD report. It doesn't entirely make sense to me. It says the current cost for this project -- well, let me back up. The current cost for this project is estimated at 52,000 dollars. Therefore, consistent with ACHD's prior action, the applicant should be required to pay for the developer's proportionate share of the cost and provide a public rights of way trust fund -- road trust in the amount of 14,300 dollars. I'm not -- I'm not quite understanding the difference there, which is -- they say is 13,000, plus ten percent contingency. Fitzgerald: So, it's -- their portion of it would be 14,000 out of the 58? That's -- that's asphalt, the culvert, that's everything. The full cost of developing that portion of it. That doesn't seem -- it seems odd. Allen: So, there is a condition in the staff report currently that they provide a road trustee to ACHD. So, regardless, that condition needs to be modified or stricken. Fitzgerald: Or removed. Yeah. Allen: And, then, just a side note, back to Commissioner Cassinelli's question earlier about the multi-use pathway, there is one currently that runs -- if you can see my pointer here, it runs through the church site to the east and it goes kind of right up this line here. It goes through the storage facility and up to the north and, then, it also comes down -- it's eventually going to come through the TM Creek site to the south of Frank -- Franklin Road here. So, it is -- it is pretty close to this property, but it doesn't run through that. Meridian City Council Meeting Agenda November 15, 2018 – Page 42 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 39 of 43 Fitzgerald: Additional thoughts? I mean for the comment on the storage unit -- and I have seen it in the same picture, I agree, I do think it is a very small footprint and it's -- I think for what it's being used for I think they have taken a really difficult piece of property that wasn't very marketed -- wasn't easy to market and turned it into a use that will probably make their residents lives a lot happier and deal with parking and it's probably going into the church or other areas. So, that, as an accessory use, makes total sense to me. How we deal with the road trust thing is a conundrum. I'm not sure I can answer it in ten seconds, but -- Yearsley: I don't either. Fitzgerald: It's a -- I don't have a problem with the project itself. I think that -- that's the question mark is does the person that comes late have to deal with the off site. Yearsley: I don't know. Fitzgerald: With ACHD saying they are no longer willing to do it, I don't know where that -- where the teeth come, because we can't do -- we can't bond for it; correct? There is no surety that we could put in place. Allen: Mr. Chair, no, we cannot accept a surety for that, but we can, as a DA permission, require them to construct it. Fitzgerald: The whole thing. Allen: Yes. Fitzgerald: Yeah. That's -- Cassinelli: Then we are telling them to -- to pay the whole bill. Fitzgerald: Yeah. And I don't think that's right either. Allen: The other alternative is to have them work with the neighbor to come up with an agreement, but I -- you know, it's -- it's not likely that neighbor would be real excited to do that if their project doesn't go forward. So, we don't want to tie their hands with their development and hold them up if that doesn't happen. So, that's the -- that's the issue with that requirement. Fitzgerald: So, thinking outside of the culvert box, can we get a piece of this in the -- in the DA requesting that the applicant work with the adjoining neighbor to find a cost share agreement that would work for both parties as part of it, but not -- I mean it's not contingent and it -- it's in there, but it's not -- I mean as much teeth as we can give it or is that an option? Allen: It's always an option. Meridian City Council Meeting Agenda November 15, 2018 – Page 43 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 40 of 43 Fitzgerald: Because I mean I would like them to have a share of the deal, but I think that's the only thing that has got some kind of a direction we can go is put it in the DA, request that they work with the adjoining party and try to find a cost agreement that works for both parties. Yearsley: I think that's -- Allen: Then probably there should be a what if if they can't. Fitzgerald: Run for ACHD. No. Sorry. That's -- Allen: We will know here shortly if that project, you know, gets -- gets moved forward or not and gets approved. Fitzgerald: But I don't want to hold these guys up for -- Allen: Like three months or so. But this project is before you now. Fitzgerald: Yeah. Holland: Well, Mr. Chair, the one thing we could do -- and I don't know that this is fair to the -- the other user either, but you could say we would request a DA to have them work together and in the what if situation, if they don't come to an agreement, then, the latecomer would end up -- Fitzgerald: To pay it. They have every reason to -- to work with them. Holland: The only other thought I have, back to Commissioner Cassinelli's comment earlier about the -- 2-B, with the last sentence about the general public prohibited, I think rather than -- than striking that last sentence I think maybe it would still be good to put that tenants could move out within a reasonable time frame, whether we define it or they define it. Fitzgerald: Thoughts? Yearsley: I'm good. Fitzgerald: Next steps, folks. Well, let me ask this question first. Do we want any feedback from Becky on any of these things we were asking or are we -- do you have enough information to make a decision? Holland: I think we are pretty close, but we might have to go through all the modifications again one more time to make sure we have them all straight. Fitzgerald: Okay. Commissioner Yearsley, do you have any additional thoughts? Meridian City Council Meeting Agenda November 15, 2018 – Page 44 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 41 of 43 Yearsley: You know, I think actually adding that to the DA just -- you know, request that the applicant try to work with the adjacent property owner to -- a good faith effort to construct a -- a cost share agreement, you know, kind of leave enough weasel words that they can back out of it if something can't be agreed upon and if they can't come up with an agreement, then, they can -- the latecomer can build it themselves, you know. So, I think it -- you know, it gives them a way out to not build it if the other property doesn't come through, but yet -- and it gives a little bit of teeth to try to come up with a solution, so -- so, I think that works out well. Allen: Mr. Chair, if I may, Mr. Parsons just suggested another alternative. We have roughly a month before this goes to the City Council. You might recommend that the applicant work with adjacent property owner to see if they could come up with an agreement between that time period. Fitzgerald: And the next application there the adjoining property is coming before us in the next two to three months is what we are thinking? Allen: No. Within the next month or so. Fitzgerald: Oh. Okay. So, it's soon. Allen: We have the application. Yearsley: I like that idea, because it gives, you know, that adjacent property owner to have some onus to come to -- come to the table with a deal. Cassinelli: Or that we stick them with the bill at the end. Yearsley: Absolutely. I think that's -- I think it's very appropriate and it makes it a lot cleaner to be provided in that way. Fitzgerald: Thank you, Bill. Thank you very much for the information. Do we want a time frame on move out of -- what's reasonable? I think Becky is looking for guidelines on not getting cross ways with the city. So, let's give her some thoughts if we have -- if you like the language, leaving it in there, let's -- I would suggest we put a time frame on it, but that's my thought. You guys can go in -- any additional -- or any thoughts. I mean -- or are you good with the language as it is? Yearsley: You know, I think, again, this is -- all comes down to enforcement. We could leave that provision in there and, you know, who is going to enforce it. So, adding that - - that provision in there for up to a year -- I don't know if I have an issue with that, just adding -- it was pretty -- you know -- you know, adding that additional sentence or something to that effect. Holland: I'm fine with adding up to a year as well. I don't have a concern with it, except -- as long as the -- the point is that they are not setting up lease agreements for storage space to the general public, they are working with the -- the tenants or people who are Meridian City Council Meeting Agenda November 15, 2018 – Page 45 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 42 of 43 moving out. They just don't want to get in trouble if somebody ever does code enforcement on them, because they are not following that prohibited rule. Fitzgerald: Anyone want to take a stab? Commissioner Yearsley. Yearsley: After considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number H-2018-0109 as presented in a staff report for the hearing date of November 1st, 2018, with the following modifications: That Item No. 2.E be stricken from the -- the conditions. That Condition 3 be noted that the -- there is a waiver for the -- not having to pipe the lateral. To add a -- to add to 2.B that existing renters can -- can lease the space up to a year after they move out. And I wasn't sure about the easement. Fitzgerald: That all easements can go along with the development and not prior to? Yearsley: That one. So -- Holland: The language she had put in there was all easements must be submitted and approved -- Yearsley: Okay. Fitzgerald: Along with the development. Holland: Along with the development. Allen: Mr. Chairman, may I clarify the motion, please? Fitzgerald: Yes. Allen: The first item you mentioned -- I believe you said Item 2-B be is stricken? Yearsley: 2.E. Fitzgerald: 2.E. Allen: Thank you. Cassinelli: Have we covered it all then? Fitzgerald: Do we have it? Do you want to -- do you feel comfortable that you have everything? Allen: I do. Thank you. Fitzgerald: Okay. Meridian City Council Meeting Agenda November 15, 2018 – Page 46 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 43 of 43 Cassinelli: I will second it then. Fitzgerald; Oh. Oh. Yearsley: And also to add a request that the DA be modified that the applicant work with the adjacent property owner to come up with a cost share agreement for the piping across -- the pipe culvert across the Kennedy Lateral prior to City Council. Cassinelli: I will revise my second and second that one. Fitzgerald: I have a motion and a second. All those in favor say aye. Oppose same. Motion passes and thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: I think we have una mas motion. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I move we close to the public hearing for the Planning and Zoning Commission for the date of November 1 st, 2018. Cassinelli: Second. Fitzgerald: All those in favor say aye. Motion passes. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: Good night. Thank you all for being here. We appreciate it. MEETING ADJOURNED AT 7:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED �/ AN FITZGERALD - ACTIN IRMAN DATE APPROVED ��'(ED AUGUS.. ATTES �Qo r� � o city of 0 d'—TA* ES - CITY CLERK EIDIAN+�- IDAHO r-,� SEAL Planning and Zoning Commission Meeting Agenda Meeting Date: November 1, 2018 Agenda Item Number: 3 A Project File Number: Item Title: Approve Minutes of October 18, 2018 Meeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of O ctober 18, 2018 P lanning and Zoning C ommission M eeting AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 10/23/2018 Meridian City Council Meeting Agenda November 1, 2018 – Page 3 of 137 Meridian Planning & Zoning Commission October 18, 2018 Page 60 of 59 MOTION CARRIED: FOUR AYES. THREE ABSENT. MEETING ADJOURNED AT 9:19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED S CA PE AU -AC INGCHAIRMAN DATE APPROVED ATTEST:, C. JAY COLE CITY CLERK i' Planning and Zoning Commission Meeting Agenda Meeting Date: November 1, 2018 Agenda Item Number: 3 B Project File Number: Item Title: Findings of Fact, Conclusions of Law Findings of Fact, Conclusion of Law for The Goddard School (H-2018- 0108) by Richard Antl, Located at 2009 S. Wells Ave. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.B . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for T he Goddard S chool (H-2018-0108) by Richard Antl, L ocated at 2009 S . Wells Ave. AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 10/29/2018 E xhibit A E xhibit 10/29/2018 Meridian City Council Meeting Agenda November 1, 2018 – Page 64 of 137 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [H-2018-0108] Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit to construct a 10,000 sq. ft. daycare center for The Goddard School. Located at 2009 S. Wells Ave. in the C-G Zoning District, by Richard Antl. Case No(s). H-2018-0108 For the Planning & Zoning Commission Hearing Date of: October 18, 2018 (Findings on November 1, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 18, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 18, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 18, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 18, 2018, 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 Meridian City Council Meeting Agenda November 1, 2018 – Page 65 of 137 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [H-2018-0108] Page 2 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 October 18, 2018, 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 CUP is hereby approved in accord with the conditions of approval in the staff report for the hearing date of October 18, 2018, 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 October 18, 2018 Meridian City Council Meeting Agenda November 1, 2018 – Page 66 of 137 B g4 action of the Planning & Zoning Commission at its regular meeting held on the day of �\rembey , 2018. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED_;�'� ✓ COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED 7 e c^ COMMISSIONER STEVEN YEARSLEY VOTED �w COMMISSIONER GREGORY WILSON VOTED COMMISSIONER LISA HOLLAND VOTED I t' (-- COMMISSIONER WILLIAM CASSINELLI VOTED COMMISSIONER JESSICA PERREAULT VOTED onda McCarve1, firman Attest: J Cole, City Clerk Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Departpfe'�t, the Public Works Department and the City Attorney. Dated: // v/ -/X CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). [H-2018-01081 `fib e G'oco Mrd Sch 1 Page 3 EXHIBIT A Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 18, 2018 TO: Planning and Zoning Commission FROM: Stephanie Leonard, Associate Planner 208-884-5533 SUBJECT: H-2018-0108 The Goddard School PROPERTY LOCATION: 2009 S. Wells Ave. South side of E. Overland Rd., midway between S. Locust Grove Rd. & S. Eagle Rd., in the NE ¼ of Section 20, Township 3N, Range 1E. I. PROJECT DESCRIPTION Conditional use permit for a daycare center for up to 160 children on 1.131 acres in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 1.131 Future Land Use Designation MU-R Existing Land Use Vacant Proposed Land Use(s) Daycare Center Current Zoning C-G Proposed Zoning C-G Physical Features (waterways, hazards, flood plain, hillside) None History (previous approvals) AZ-06-021; PP-06-019 B. Community Metrics Details Page ACHD report (yes/no)  Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Local street access only Meridian City Council Meeting Agenda November 1, 2018 – Page 68 of 137 EXHIBIT A Page 2 Details Page Hwy/Local)(Existing and Proposed) Distance to nearest City Park (+ size) 380 feet from Gordon Harris Park (11 acres) Distance to Schools (elem, ms, hs)  Capacity of schools  # of students enrolled 600 ft. to Mountain View High School Less than 1 mile (4,700 ft.) to Siena Elementary School C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant/Owner: Richard Antl Meridian City Council Meeting Agenda November 1, 2018 – Page 69 of 137 EXHIBIT A Page 3 B. Representative: Jon Chatfield, Chatfield Architecture IV. NOTICING A. Newspaper notification published on: September 28, 2018 B. Radius notice mailed to properties within 300 feet on: September 21, 2018 C. Applicant posted notice on site on: October 6, 2018 D. Next door posting: September 25, 2018 E. Neighbor meeting date and # of attendees: September 7, 2018; 2 attendees (applicants) V. STAFF ANALYSIS The applicant requests a conditional use permit to operate a daycare center for up to 160 children, ages 6 weeks to 6 years old, in the C-G zoning district as required by UDC Table 11-2B-2. A conditional use permit is required for a daycare center for 12 or more children, subject to specific use standards listed below. The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Mixed Use Regional (MU-R). The purpose of MU-R designated areas is to provide a mix of employment, retail and residential dwellings and public uses near major arterial intersections. This daycare will be within walking distance of a large number of multi-family and single family residences, a mix of employment in the surrounding area, will provide a needed service to surrounding residences and will add to the diversity of the area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use:  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B)  “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C)  “Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage / backage roads.” (3.03.02N) Specific Use Standards: The proposed use is subject to the specific use standards listed in 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 is the determining factor. The applicant proposes to care for up to 160 children at any one time and therefore is classified as a daycare center. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. A specific drop-off area has not been proposed, however the proposed facility will have 35 parking spots and a two-way 26’ wide drive aisle to provide for a safe discharge and pick-up area for children. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The applicant is requesting to care for approximately 160 children at any one time. The proposed hours of operation are from 6:00 am to 6:00 pm. Meridian City Council Meeting Agenda November 1, 2018 – Page 70 of 137 EXHIBIT A Page 4 However, the specific use standards allow the facility to operate between the hours of 6:00 am to 11:00 pm, unless otherwise restricted by the Commission. 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. The applicant shall submit a copy of a background check and complete an inspection with the Fire Department prior to daycare operation. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. The applicant only proposes to operate the facility between the hours of 6:00 am and 6:00 pm; at no time should the hours extend beyond 6:00 am to 11:00 pm. 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. This standard is not applicable to this application. 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. The applicant requests to care for up to 160 children, unless otherwise restricted by Commission. 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 fences to secure against exit/entry by small children and to screen abutting properties. The applicant is proposing to enclose the play areas in the north and south yards with a six-foot non-scalable metal tubular/wrought iron fence. Access: Two points of access are proposed for the site. The north driveway is to be accessed via a common drive aisle shared with the property owner to the north. The driveway to the south is proposed to be accessed from E. Goldstone St. Access points will provide for effective site circulation and will alleviate direct access onto S. Wells Ave. Per the recorded plat a cross-access/egress easement has been provided to the driveway abutting the property to the north in accord with UDC 11-3A-3A.2, which requires cross-access easements to be granted to adjacent properties when access via a local street isn’t available; and Comprehensive Plan action item #3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets.” Parking: Off-street parking is required to be provided for the proposed use in accord with the standards listed in UDC 11-3C-6B. Based on the proposed square footage of the structure (i.e. 10,000 square feet), a minimum of 20 parking spaces are required; a total of 35 spaces are proposed in excess of UDC standards. Bicycle parking is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Landscaping: Street buffer landscaping was installed with the subdivision along S. Wells Ave. and E. Goldstone St. on this site in accord with the standards listed in UDC 11-3B-7C and in accord with Comprehensive Plan action item #2.01.03B, “Require all commercial and industrial businesses to install and maintain landscaping.” Internal parking lot landscaping is required to be installed in accord with the standards Meridian City Council Meeting Agenda November 1, 2018 – Page 71 of 137 EXHIBIT A Page 5 listed in UDC 11-3B-8C and Comprehensive Plan action item #2.01.04B, “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets, and to positively influence the physical and visual environment through screening, paving materials, and other landscape techniques.” Site Plan: Staff has reviewed the submitted site plan dated August 27, 2018. The following changes shall be required prior to submittal of the certificate of zoning compliance (CZC) application: 1. There is an existing sidewalk along the south and east boundaries of the site in accord with UDC 11- 3A-17. A minimum 5-foot wide pedestrian walkway is required to be provided from the perimeter sidewalk to the main building entrance; internal pedestrian walkways shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. 2. The applicant shall extend and improve the shared street to the north of the site with curbing and asphalt, per UDC 11-3A-19B-2 and in accord with Comprehensive Plan action item #2.01.02A, “Implement community design ordinances, and complete streets policies.” 3. There is an existing City of Meridian water easement located in the southwest part of the site. Staff has confirmed this easement contains no infrastructure. In discussions with the applicant, it is their intention to use this part of the site as additional play area. If this easement is not necessary as part of this project, staff recommends that the applicant vacate the easement per UDC table 11-5A-2, prior to issuance of certificate of occupancy. Multi-use Pathway: A ten-foot multi-use pathway was provided with the construction of the subdivision in accord with Comprehensive Plan action items #3.03.03B, “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system” and #5.03.01A, “Implement the City’s Pathways Master Plan.” The multi-use pathway will support a needed service in close proximity to residences, businesses and services, in accord with Comprehensive Plan action items #2.01.01A, “Provide a walkable community through good design” and #2.01.01C, “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking and biking distance of residential dwellings.” Trash Enclosure: A trash enclosure is depicted on the site plan on the north side of the parking lot. The applicant shall coordinate with Republic Services on the design and location of the enclosure. A detail of the enclosure shall be submitted with the Certificate of Zoning Compliance application. Building Elevations: The applicant has submitted conceptual elevations of the proposed building included in Exhibit VII.D. Building materials consist of stucco and brick with standing metal seam awnings. The final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted and approved prior to application for building permits. The applicant must comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. In summary, staff finds the proposed project complies with the applicable policies of the Comprehensive Plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject CUP application. Meridian City Council Meeting Agenda November 1, 2018 – Page 72 of 137 EXHIBIT A Page 6 VI. DECISION Staff recommends approval of the proposed conditional use permit application in accord with the Findings in Section IX per the provisions in Section VIII. Commission: The Meridian Planning and Zoning Commission heard this item on October 18, 2018. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Jon Chatfield, Chatfield Architecture, applicant representative; Brian Johnston, Goddard School franchise representative ii. In opposition: None iii. Commenting: Jon Chatfield, Brian Johnston iv. Written testimony: None v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: None b. Key Issues of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Parking and pick-up/drop-off areas d. Key Commission Changes to Staff Recommendation: i. None Meridian City Council Meeting Agenda November 1, 2018 – Page 73 of 137 EXHIBIT A Page 7 VII. EXHIBITS A. Site Plan (Dated: August 27, 2018) Meridian City Council Meeting Agenda November 1, 2018 – Page 74 of 137 EXHIBIT A Page 8 B. Landscape Plan (Dated: September 5, 2018) Meridian City Council Meeting Agenda November 1, 2018 – Page 75 of 137 EXHIBIT A Page 9 C. Floor Plan (Dated: September 12, 2018) Meridian City Council Meeting Agenda November 1, 2018 – Page 76 of 137 EXHIBIT A Page 10 D. Elevations (Dated: September 12, 2018) Meridian City Council Meeting Agenda November 1, 2018 – Page 77 of 137 EXHIBIT A Page 11 VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING DIVISION 1. The applicant shall comply with all conditions of previous approvals (AZ-06-021, Development Agreement Instrument No. 106141056; and PP-06-019). 2. The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-9, Daycare Facility. 3. The site plan, included in Exhibit VII.A, dated August 27, 2018 shall be revised as follows: a. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk to the main building entrance; internal pedestrian walkways shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. b. Depict a bicycle rack on the site in accord with the standards listed in UDC 11-3C-5C. c. The applicant shall extend and improve the shared street to the north of the site with curbing and asphalt in accord with UDC 11-3A-19B-2. 4. The landscape plan included in Exhibit VII.B, dated September 5, 2018, shall be revised as follows: a. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk to the main building entrance; internal pedestrian walkways shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. b. Planter size of interior parking lot landscaping shall comply with UDC 11-3B-8C-2a. 5. Development of this site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A and the conditions of approval in this report. 6. The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use and final site layout and building designs prior to submittal of a building permit application. 7. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 8. Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 9. The applicant shall have a maximum of two (2) years to commence the drive-through use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B-6F. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 11. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 12. All signage for the property is subject to the standards set forth in UDC 11-3D. Meridian City Council Meeting Agenda November 1, 2018 – Page 78 of 137 EXHIBIT A Page 12 2. PUBLIC WORKS 1. The site plan submitted for this project shows an existing water service within an easement in the southwest part of the site. If this service is not intended to be used, the applicant shall be required to abandon the service back to the mainline in E. Goldstone Street per Meridian Public Works Department Standards. As part of the abandonment, the easement will need to be released by the City. 3. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/155931/Page1.aspx 4. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/156161/Page1.aspx 5. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/155578/Page1.aspx Meridian City Council Meeting Agenda November 1, 2018 – Page 79 of 137 EXHIBIT A Page 13 IX. FINDINGS 1. CONDITIONAL USE PERMIT FINDINGS: In consideration of a conditional use permit, the decision-making body shall make the following findings: 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 proposed daycare center use and development regulations of the C-G district (see Analysis Section VII, VIII & 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 consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU-R for this site. 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 proposed use of the property 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 use will not adversely affect other properties in the area. 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 the proposed use will be served adequately by all of the public facilities and services as applicable. 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 the proposed use will generate additional traffic in the area but should not involve activities that will be detrimental to any persons, property or the general welfare of the area. Meridian City Council Meeting Agenda November 1, 2018 – Page 80 of 137 EXHIBIT A Page 14 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 use. 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 import ance. Meridian City Council Meeting Agenda November 1, 2018 – Page 81 of 137 Planning & Zoning Commission Meeting November 1, 2018 Site/Landscape Plan Conceptual Building Elevations Site Plan Preliminary Plat Site/Landscape Plan Conceptual Elevations Changes to Agenda:  Item #4A: Buyrite LLC Apartments – CUP (H-2018-0096) – Applicant requests continuance to Nov. 15th due to the site not being posted within the required timeframe. Item #4B: Del Taco (H-2018-0106) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 0.72 of an acre of land, zoned C-C, located at 1617 W. Island Green Dr. at the SWC of N. Linder Rd. & W. Island Green Dr. Adjacent Land Use & Zoning: North: Rural residential property, zoned RUT in Ada County East: N. Linder Rd. & mixed use commercial development, zoned C-3-DA in the City of Eagle South & West: Vacant/undeveloped land, zoned C-C Comprehensive Plan FLUM Designation: MU-C Summary of Request: The applicant requests approval of a CUP for a drive-through establishment within 300 feet of a residential district & existing residences in the C-C zoning district. The site plan complies with the specific use standards in the UDC for drive-thru establishments. Access is proposed via W. Island Green Dr.; a cross-access easement exists between all lots in the subdivision. Street buffer landscaping along Linder & Island Green Dr. was completed with the subdivision improvements. Parking is proposed to be provided on the site in accord with UDC standards. To reduce traffic conflicts with vehicles exiting the drive-thru and vehicles entering and existing the parking area from W. Island Green Dr., staff recommends some revisions to the site plan as follows: 1) add a landscape planter strip on the west side of the center row of parking; 2) restrict the 2 spaces on the west side of the parking lot to employee parking only; 3) consider extending the curb (where vehicles exit the drive-thru) across the first drive aisle to funnel traffic from the drive-thru through the western-most drive-aisle. Conceptual building elevations were submitted of the proposed building as shown; building materials consist of stucco with standing metal seam awnings. Final design is required to comply with the design standards in the ASM. Written Testimony: None Staff Recommendation: Approval w/conditions in Exhibit B of the staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-106, as presented in the staff report for the hearing date of November 1, 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-2018-106, as presented during the hearing on November 1, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-106 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: Alturas Rezone (H-2018-0105) Application(s):  Rezone Size of property, existing zoning, and location: This site consists of 7.24 acres of land, zoned I-L, located at 1550 S. Tech Ln. History: This property is part of a larger area that is subject to the terms of a PD approved in 2001 that allowed professional & sales offices, a daycare center, and community and neighborhood shopping center (i.e. retail) with approval of a CUP, along with any allowed uses in the I-L district. Comprehensive Plan FLUM Designation: Commercial Summary of Request: Request for a rezone of 7.24 acres of land from the I-L to the C-G zoning district consistent with the Commercial FLUM designation. The Applicant proposes to continue the current use of the property of retail, office and church uses; no new development or redevelopment is proposed at this time. The Applicant requests the terms of the previously approved PD no longer apply to this property as a provision of the subject rezone application. City services (i.e. sewer & water service, police & fire protection) are currently provided to this property. Due to the limited sanitary sewer capacity available to this property, all new proposed tenants should first obtain approval from the Public Work’s Department prior to leasing and occupying space within the building. There is an existing full access for this site via S. Tech Lane, a private local street; and an existing full access via W. Overland Rd., an arterial street, shared with the property to the east (Intermountain Pet Hospital). The ingress access to this site via Overland is located on the adjacent property to the east, while their egress is located on this property – this is the sole access for the property to the east. Although the shared access physically exists and is being used by both parties, there is no ingress/egress easement currently in place. Note: There is a an existing cross-access easement (#2018-039112, #2018-039159) recorded between this property and the adjacent property to the east (#S1213438401); however, it’s conditioned upon the adjacent property granting a reciprocal cross-access easement to the subject property (which hasn’t been done) and does not include the east/west cross-access driveway further to the north that is depicted on the site plan submitted with the Certificate of Zoning Compliance for the parking lot reconfiguration. The current configuration of the access via Overland Rd. and parking lot design on both properties is not a safe design and creates traffic conflicts and unsafe conditions. The two property owners are currently working together on a redesign of the entrance to their properties and parking lots that will create a more safe access via Overland Rd. and circulation between both properties with a new cross-access driveway further to the north between the two properties. As part of the CZC approval for that project, the property owner was required to record a reciprocal cross-access/ingress-egress easement with the subject property owner. The UDC requires access to be taken from a local street when available and restricts access to collector and arterial streets; this standard applies when there is a new, expanded, or extended use or development of the property such as this where the zoning/use is changing from industrial to a more intense commercial zoning/use. Because this site has access via a local street (i.e. S. Tech Ln.), access would typically be restricted to that access and access via the arterial street (i.e. Overland Rd.) would be terminated, unless otherwise waived by City Council. Because there is no legal means of ingress to this property or egress for the adjoining property via Overland Rd., if the Applicant wishes to retain the access via Overland, staff recommends a reciprocal cross- access/ingress-egress easement is recorded with the adjacent property to the east prior to rezone ordinance approval as a provision of the proposed rezone in accord with UDC 11-3A-3, which requires cross-access easements to be granted to adjacent properties when access via a local street isn’t available. A total of 222 off-street parking spaces currently exist on this site; however, the eastern portion of the parking lot is proposed to be reconfigured through a separate CZC application that is currently in process which will result in a reduction in parking to 215 spaces. Based on the square footage of the building (i.e. 106,000 square feet), a minimum of 212 spaces are required. The existing and proposed parking complies with the minimum UDC standards although Staff is concerned there will be adequate parking for the use(s); the Applicant should be mindful of the type of potential tenants and their parking needs to ensure adequate parking continues to be provided. Street buffers, landscaping and sidewalks exist on this site along W. Overland Rd. and S. Tech Ln. in accord with UDC standards. There are two (2) existing loading docks/areas, one on the west and one on the east end of the building, facing W. Overland Rd. that the applicant wishes to continue using. Current design standards do not allow loading docks/areas to face an arterial street (i.e. Overland Rd.). However, because the loading docks/areas were lawfully constructed at the time, they are considered a nonconfo rming use and are allowed to remain and be used subject to the standards listed in UDC 11-1B-4, Nonconforming Use. Written Testimony: None Staff Recommendation: Approval with the requirement of a DA. 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- 2018-0105, as presented in the staff report for the hearing date of November 1, 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-2018- 0105, as presented during the hearing on November 1, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0105 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: Sulamita Church (H-2018-0110) Application(s):  Conditional Use Permit Size of property, existing zoning, and location: This site consists of 8.49 acres of land, zoned R-8, located at 4973 W. Cherry Ln. at the SWC of W. Cherry Ln. & N. Black Cat Rd. Adjacent Land Use & Zoning: North & south: rural residential/ag uses, zoned RUT in Ada County West: vacant/undeveloped land, zoned R-8 East: SFR properties, zoned R-4 History: This property was annexed in 2014 & a CUP was approved for a church that has since expired. Comprehensive Plan FLUM Designation: MDR Summary of Request: A CUP is requested for a 28,457 s.f. church facility in an R-8 zoning district. There is an existing vacant home and accessory structures on this site; the Applicant requests approval for the home to be used as a job trailer during construction of the church and will remove all structures prior to issuance of Certification of Occupancy for the church. One access via Black Cat Rd. and (1) access via W. Cherry Ln. is proposed for the site; the access via Black Cat is required to align with W. Thorn Creek St. across the street to the east as required by ACHD. Parking is provided on the site in accord with UDC standards; a minimum of 57 off-street parking spaces are required – 191 spaces are proposed. A 25’ wide landscaped street buffer & sidewalk is required to be constructed along the entire frontage of the development on Cherry & Black Cat. The Ten Mile Creek runs along the south boundary of this site and is required to be protected during construction. A 10’ pathway is required to be constructed along the north side of the creek with development in accord with the Pathways Master Plan. 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-2018-0110, as presented in the staff report for the hearing date of November 1, 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-2018-0110, as presented during the hearing on November 1, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0110 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #4E: Elevate Franklin Storage (H-2018-0109) Application(s):  Development Agreement Modification  Rezone Size of property, existing zoning, and location: This site consists of 3.53 acres of land, zoned L-O, located at 3755 W. Perugia St. Adjacent Land Use & Zoning: East: Church, zoned C-N South: Residential, zoned R-15 West: Ag property, zoned RUT in Ada County North: MFR, zoned R-15 History: This property was annexed in 2005 with the requirement of a DA, which was later amended. Comprehensive Plan FLUM Designation: MHDR Summary of Request: The Applicant requests a modification to the existing DA to remove the subject property from the agreement; and a rezone of 3.53 acres of land from the L-O to the R-15 district for the development of an accessory self-service storage facility for the existing multi-family development to the north. The storage facility is subject to the specific use standards listed in the UDC. A conceptual development plan was submitted that depicts an indoor storage facility with several different sizes of storage units. Access is provided via W. Perugia St.; a secondary emergency access is proposed via N. Umbria Hill’s Ave. A 10’ wide landscaped street buffer is required along Umbria Hill’s Ave. & W. Perugia St.; and a 25’ buffer is required along Franklin Rd. in accord with UDC standards. The Kennedy Lateral runs along the west boundary of the site; the Council previously approved a waiver to allow the lateral to remain open and not be piped. Staff recommends a 6’ tall wrought iron fence is provided matching that to the north in the multi-family development to preserve public safety. Conceptual building elevations were submitted for the proposed storage structures; building materials consist of metal paneling, Hardie paneling and stone veneer. The ASM prohibits metal paneling as a finish material; however, it can be used as an accent or secondary field material. Elevations submitted with the CZC should be in compliance with the ASM. Written Testimony: None Staff Recommendation: Approval with the following outstanding issue: When this property was annexed and subdivided, a road trust was required to be submitted to ACHD for ½ the cost of construction of a bridge and extension of Perugia St. over the Kennedy Lateral. The trust was held for 10 years and then released because the property to the west had not yet developed. Because a crossing over the lateral and extension of Perugia is still needed, staff recommended a provision of the DA requiring the Applicant to submit a new road trust to ACHD for those improvements. However, because this application is not for a subdivision, ACHD cannot require and will not hold a road trust for the improvements and the City do es not hold road trusts. Therefore, the Commission should consider and make a recommendation on whether or not the improvements should be required in their entirety with this application or not require them at all – this would require the developer of the adjacent property to the west to complete the improvements in their entirety unless an alternate agreement for the improvements is reached with the affected property owners. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval t o the City Council of File Number H-2018-0109, as presented in the staff report for the hearing date of November 1, 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-2018-0109, as presented during the hearing on November 1, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0109 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 Agenda Meeting Date: November 1, 2018 Agenda Item Number: 4 A Project File Number: H-2018-0096 Item Title: Public Hearing for Buyrite Apartments Public Hearing for Buyrite LLC Apartments (H-2018-0096) by neUdesign Architecture, LLC, Located at at the NW corner of W. Ustick Rd. and N. Linder Rd. Request: Rezone property from C -C (5.90 acres) to R-40; and Request: Conditional Use Permit for a multi -family development consisting of 96 multi -family residential units within 4 multi -family structures on 4.772 acres of land in a proposed R-40 zoning district; and Request: Modification of an Existing Development Agreement to allow for R-40 zoning and to change certain other provisions of the agreement Meeting Notes: �OoO / ' P�_— / t' I TEM SHEET C ouncil Agenda I tem - 4.A . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for B uyrite L L C Apartments (H-2018-0096) by neUdesign Architecture, L L C, L ocated at at the NW corner of W. Ustick Rd. and N. L inder Rd. C lic k Here for Applic ation Materials Meridian City Council Meeting Agenda November 1, 2018 – Page 82 of 137 Planning and Zoning Commission Meeting Agenda Meeting Date: November 1, 2018 Agenda Item Number: 4 B Project File Number: H-2018-0106 Item Title: Public Hearing Continued from October 18, 2018 for Del Taco H-2018-0106 Public Hearing continued from October 18, 2018 for Del Taco (H-2018- 0106) by Tom Lennon, Located at 1617 W. Island Green Dr. Request: Conditional Use Permit for a drive-through establishment within 300 feet of a residential district and existing residences in a C -C zoning district Meeting Notes: a �J l 1 `P�'rpvP� w� f'l1W'�.<tilv�S I TEM SHEET C ouncil Agenda I tem - 4.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from October 18, 2018 for Del Taco (H-2018-0106) by Tom L ennon, L ocated at 1617 W. Island Green Dr. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/26/2018 Meridian City Council Meeting Agenda November 1, 2018 – Page 83 of 137 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/1/2018 Hearing Type: PZ Item Number: 4-13 Project Name: Del Taco Project No.: H-2018-0106 Active: ❑d Page 1 of 1 Signature City -State- I Wish To Sign In Address For Against Neutral Name Zip Testify Date/Time Boise, Idaho 11/1/2018 Tom lennon 310 n. 5th X X 83702 5:49:43 PM Matthew 350 N 9th St Boise, ID 11/1/2018 X Witt Ste 200 83646 5:50:29 PM Boise, Steven 11/1/2018 310 N. 5th st Idaho. X Andrews 5:51:22 PM 83702 Andrew 1685 W Meridian, Id 11/1/2018 X X Lawrence Brandt Lane 83646 5:58:04 PM N 5431 5431SAnd Kazimir MEridian ID 11/1/2018 BLack X X Sergey. 83646 6:02:06 PM AVe Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=91 11/1/2018 Del Taco – CUP H-2018-0106 PAGE 1 STAFF REPORT HEARING DATE: November 1, 2018 (Continued from: October 18, 2018) TO: Planning & Zoning Commission FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Del Taco – CUP – H-2018-0106 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Tom Lennon, has applied for a conditional use permit (CUP) for a drive-through establishment within 300 feet of a residential district and existing residences in a C-C zoning district. See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP application with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0106 as presented in the staff report for the hearing date of November 1, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0106 as presented in the staff report for the hearing date of November 1, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0106 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: The site is located at 1617 W. Island Green Drive, in the SE ¼ of Section 23, Township 4 North, Range 1 West. B. Applicant/Representative: Tom Lennon 310 N. 5th Street Boise, ID 83702 Meridian City Council Meeting Agenda November 1, 2018 – Page 84 of 137 Del Taco – CUP H-2018-0106 PAGE 2 C. Owner: Rocky Mountain Companies 350 N. 9th Street, Suite 200 Boise, ID 83702 D. 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. A public hearing is required before the Planning and Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 28, 2018 C. Radius notices mailed to properties within 300 feet on: September 21, 2018 D. Applicant posted notice on site by: October 22, 2018 VI. LAND USE A. Existing Land Use(s): The property consists of vacant/undeveloped land, zoned C-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property, zoned RUT in Ada County 2. East: N. Linder Rd., and mixed use commercial development, zoned C-3-DA in the City of Eagle 3. South: Vacant/undeveloped land, zoned C-C 4. West: Vacant/undeveloped land, zoned C-C C. History of Previous Actions:  In 2006, this property was annexed (AZ-06-005) with the requirement of a development agreement (DA) (Inst. #106122365) and included in the preliminary plat for Knight Sky Estates Subdivision.  In 2009, a modification to the previous DA was approved (Inst. #109082037, 1st Amendment).  In 2011, this property was rezoned to C-C (RZ-11-006, Ord. #12-1511); a DA was recorded as a provision of the rezone (Inst. #112040233, 2nd Amendment).  In 2014, a preliminary plat was approved that included this property (PP-14-011); and a DA modification (MDA-14-008, Inst. #2014-088001) was approved to terminate the three previous DA’s and enter into a new agreement. D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists near the SW corner of the subject site. b. Location of water: Water service to the subject site is from Suez North America. c. Issues or concerns: None E. Physical Features: Meridian City Council Meeting Agenda November 1, 2018 – Page 85 of 137 Del Taco – CUP H-2018-0106 PAGE 3 1. Canals/Ditches Irrigation: There are no irrigation ditches on this site. 2. Hazards: Staff is unaware of any hazards that exist on this site. 3. Flood Plain: This property is not within the flood plain. VII. COMPREHENSIVE PLAN ANALYSIS This property is designated “Mixed Use – Community” on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allocate areas where community-serving uses and dwellings are integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. The site is proposed to develop with a drive-through restaurant which will contribute to the mix of uses in this area and provide another fast food option to area residents within close proximity to nearby residential developments. The proposed use will also provide employment opportunities to nearby residents. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) All parking lot landscaping is required to comply with the standards listed in UDC 11-3B- 8C.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City water and sewer service stubs have been provided to this site with development of the subdivision.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed drive-through restaurant will contribute to the variety of uses and fast food options in the northern portion of the City.  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Street buffer landscaping was installed with the subdivision along W. Island Green Dr. and N. Linder Rd. on this site in accord with the standards listed in UDC 11-3B-7C. Internal parking lot landscaping is required to be installed in accord with the standards listed in UDC 11-3B-8C.  “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to the site for fire protection. For the above-stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. Meridian City Council Meeting Agenda November 1, 2018 – Page 86 of 137 Del Taco – CUP H-2018-0106 PAGE 4 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six 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. Allowed uses in the C-C district (i.e. Community Business District) consist of larger scale and broader mix of retail, office and service uses with access to arterials or nonresidential collectors per UDC Table 11-2B-1. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Restaurants are listed as a principal permitted use in the C-C district; however, drive-through establishments require conditional use approval when they are within 300 feet of another drive-through facility, a residential district, or an existing residence. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-C zoning district. D. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. Street buffer landscaping is required to be provided in accord with the standards listed in UDC 11-3B-7C. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for the properties in commercial districts. F. Structure and Site Design Standards: The proposed development must comply with the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests approval of a conditional use permit for a drive-through establishment within 300 feet of a residential district and existing residences in the C-C zoning district as required by UDC 11-4-3-11, Drive-Through Establishment. Specific Use Standards: The proposed drive-through establishment is subject to the standards listed in UDC 11-4-3-11, Drive-Through Establishment. A Site Plan is required to be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right of way by patrons. Staff is of the opinion the proposed stacking lane provides sufficient capacity to prevent obstruction of drive-aisles within the site. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The proposed stacking lane is separate from the circulation lanes internal to the site needed for access parking. 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. The proposed stacking lane is approximately 130’ away from the nearest residential district. Meridian City Council Meeting Agenda November 1, 2018 – Page 87 of 137 Del Taco – CUP H-2018-0106 PAGE 5 4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. An escape lane is depicted on the site plan. 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The proposed drive-through is visible from two public streets (i.e. W. Island Green Dr. and N. Linder Rd.). The applicant is required to provide a six foot (6') sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. The proposed stacking lane and window location do not adjoin a residential district or existing residence. Access: Access is provided to this site via W. Island Green Dr., a local street. A cross-access easement exists between all lots in this subdivision as depicted on the plat for Chinden and Linder Crossing Subdivision. Direct access via N. Linder Rd. is prohibited. Parking: Off-street parking is required to be provided for the proposed use in accord with the standards listed in UDC 11-3C-6B. Based on the proposed square footage of the structure (i.e. 2,418 square feet), a minimum of 4 parking spaces are required; a total of 14 spaces are proposed in accord with UDC standards. Bicycle parking is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. A minimum 5-foot wide landscape buffer is required along the southern perimeter boundary of the site landscaped in accord with the standards listed in UDC 11-3B-8C.1b; the proposed landscape plan does not depict landscaping in this area. Additionally, all interior planters are required to be landscaped per the standards listed in UDC 11-3B- 8C.2d. The landscape plan should be revised in accord with these standards. To reduce traffic conflicts with vehicles exiting the drive-through and vehicles entering and exiting the parking area from W. Island Green Dr., staff recommends some revisions to the site plan, as follows: 1) add a landscaped planter strip on the west side of the center row of parking; 2) restrict the two spaces on the west side of the parking lot to employee parking; 3) consider extending the curb (where vehicles exit the drive-through) across the first drive aisle to funnel traffic from the drive-through through the western-most drive aisle. Street buffers along W. Island Green Dr. and N. Linder Rd. were constructed with the subdivision improvements in accord with UDC standards. Pathways: A minimum 5-foot wide pedestrian walkway is required to be provided from the perimeter sidewalk to the main building entrance; internal pedestrian walkways shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. Building Elevations: The applicant has submitted conceptual elevations of the proposed building included in Exhibit A.4. Building materials consist of stucco with standing metal seam awnings. The final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted and approved prior to application for building permits. The applicant must comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. Meridian City Council Meeting Agenda November 1, 2018 – Page 88 of 137 Del Taco – CUP H-2018-0106 PAGE 6 In summary, staff finds the proposed project complies with the applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject CUP application. X. EXHIBITS A. Drawings/Other 1. Zoning/Aerial Map 2. Site Plan (dated: August 21, 2018) 3. Landscape Plan (dated: September 6, 2018 4. Building Elevation (dated: August 2, 2018) B. Conditions of Approval C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda November 1, 2018 – Page 89 of 137 Del Taco – CUP H-2018-0106 PAGE 7 Exhibit A.1: Zoning/Aerial Map Meridian City Council Meeting Agenda November 1, 2018 – Page 90 of 137 Del Taco – CUP H-2018-0106 PAGE 8 Exhibit A.2: Site Plan (dated: August 21, 2018) Meridian City Council Meeting Agenda November 1, 2018 – Page 91 of 137 Del Taco – CUP H-2018-0106 PAGE 9 Meridian City Council Meeting Agenda November 1, 2018 – Page 92 of 137 Del Taco – CUP H-2018-0106 PAGE 10 Exhibit A.3: Landscape Plan (dated: September 6, 2018) Meridian City Council Meeting Agenda November 1, 2018 – Page 93 of 137 Del Taco – CUP H-2018-0106 PAGE 11 Exhibit A.4: Building Elevations (dated: August 21, 2018) Meridian City Council Meeting Agenda November 1, 2018 – Page 94 of 137 Del Taco – CUP H-2018-0106 PAGE 12 Meridian City Council Meeting Agenda November 1, 2018 – Page 95 of 137 Del Taco – CUP H-2018-0106 PAGE 13 B. Conditions of Approval 1. PLANNING DIVISION 1.1 The applicant shall comply with all conditions of previous approvals (AZ-06-005, RZ-11-006 and Development Agreement Instrument No. 112040234). 1.2 The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-11, Drive- Through Establishment. 1.3 The site plan, included in Exhibit A.2, shall be revised as follows: a. Depict a minimum 5-foot wide perimeter landscape buffer along the southern boundary of the site. b. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk to the main building entrance; internal pedestrian walkways shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. c. Depict a bicycle rack on the site in accord with the standards listed in UDC 11-3C-5C. d. Add a landscaped planter strip on the west side of the center row of parking. e. Restrict the two spaces on the west side of the parking lot to employee parking only; install sign accordingly. f. Consider extending the curb (where vehicles exit the drive-through) across the first drive aisle to funnel traffic from the drive-through through the western-most drive aisle. 1.4 The landscape plan, included in Exhibit A.3, shall be revised as follows: a. Depict a minimum 5-foot wide perimeter buffer along the southern boundary of the site landscaped in accord with the standards listed in UDC 11-3B-8C.1b. b. Depict landscaping in interior planters in accord with the standards listed in UDC 11-3B- 8C.2d. 1.5 Development of this site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A and the conditions of approval in this report. 1.6 The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use and final site layout and building designs prior to submittal of a building permit application. 1.7 The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM). 1.8 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.9 The applicant shall have a maximum of two (2) years to commence the drive-through use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B-6F. 1.10 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 1.11 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. Meridian City Council Meeting Agenda November 1, 2018 – Page 96 of 137 Del Taco – CUP H-2018-0106 PAGE 14 1.12 All signage for the property is subject to the standards set forth in UDC 11-3D. 1.13 With the certificate of zoning application, the applicant shall provide a copy of the recorded cross access agreement with the property owner to the south (parcel #R2399370010). 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The Public Works Department has no comments related to this application. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments related to this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no comments related to this application. 6. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=155580 7. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/155934/Page1.aspx 8. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/156162/Page1.aspx Meridian City Council Meeting Agenda November 1, 2018 – Page 97 of 137 Del Taco – CUP H-2018-0106 PAGE 15 C. Required Findings from Unified Development Code 1. CONDITIONAL USE PERMIT FINDINGS: In consideration of a conditional use permit, the decision-making body shall make the following findings: 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. Staff finds that the subject property is large enough to accommodate the proposed drive- through use and development regulations of the C-C district (see Analysis Section VII, VIII & 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. Staff finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU-C for this site. 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. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use of the property 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. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties in the area. 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. Staff finds that the proposed use will be served adequately by all of the public facilities and services as applicable. 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. Staff 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. Staff finds the proposed use will generate additional traffic in the area but should not involve activities that will be detrimental to any persons, property or the general welfare of the area. Meridian City Council Meeting Agenda November 1, 2018 – Page 98 of 137 Del Taco – CUP H-2018-0106 PAGE 13 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. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Meridian City Council Meeting Agenda November 1, 2018 – Page 99 of 137 Planning and Zoning Commission Meeting Agenda Meeting Date: November 1, 2018 Agenda Item Number: 4 C Project File Number: H-2018-0105 Item Title: Public Hearing Continued from October 18, 2018 for Alturas Rezone by Travis Barney, Alturas 1550 Tech Lane, LLC, Located at 1550 S. Tech Ln. Request: Rezone of 7.24 acres from I -L. to C -G zone Meeting Notes: �coforwoo C Aw oc-'Vti I �D CG') Cv,roc"J S`Je),le 12--01 /� I TEM SHEET C ouncil Agenda I tem - 4.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from October 18, 2018 for Alturas Rezone (H-2018- 0105) by T ravis Barney, Altur as 1550 Tech L ane, L L C, L ocated at 1550 S . Tech L n. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/26/2018 Meridian City Council Meeting Agenda November 1, 2018 – Page 100 of 137 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/1/2018 Hearing Type: PZ Item Number: 4-C Project Name: Alturas Rezone Project No.: H-2018-0105 Active: ❑d There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2018 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=92 11/1/2018 Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 18, 2018 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate City Planner 208-489-0578 SUBJECT: H-2018-0105 Alturas PROPERTY LOCATION: 1550 S. Tech Lane North side of W. Overland Rd., midway between S. Linder Rd. & S. Meridian Rd., in the SW ¼ of Section 13, T.3N., R.1W. I. PROJECT DESCRIPTION Rezone of 7.24 acres of land from the I-L to the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 7.24 Future Land Use Designation Commercial Existing Land Use Retail, office, church Proposed Land Use(s) Same Current Zoning I-L Proposed Zoning C-G Physical Features (waterways, hazards, flood plain, hillside) Kennedy Lateral runs across frontage of site History (previous approvals) CZC-00-012 (Western Electronics); CUP-01-009 (Treasure Valley Technical Center); A-2018-0089 (Consign) B. Community Metrics Details Page ACHD report (yes/no)  Requires ACHD Commission Action (yes/no) No No Access (Arterial/Collectors/State One (1) existing access via W. Overland Rd., arterial; and one 3 Meridian City Council Meeting Agenda November 1, 2018 – Page 101 of 137 Page 2 Details Page Hwy/Local)(Existing and Proposed) (1) existing access via S. Tech Ln., local private Stub Street/Interconnectivity/Cross Access Existing shared driveway access via W. Overland Rd. with the adjoining property to the east; no cross-access/ingress-egress easement exists. 3 Existing Arterial Sidewalks / Buffers Existing sidewalk along W. Overland Rd. & 55’ wide buffer; existing 30’ wide buffer along S. Tech Ln. – sidewalk exists to the north but not south of driveway Proposed Road Improvements None C. Project Area Maps Future Land Use Map Aerial Map III. APPLICANT INFORMATION A. Applicant: Travis Barney, Alturas 1550 Tech Lane, LLC B. Owner: Alturas 1550 Tech Lane, LLC C. Representative: Hethe Clark, Spink Butler, LLP IV. NOTICING A. Newspaper notification published on: September 28, 2018 B. Radius notice mailed to properties within 300 feet on: September 21, 2018 C. Applicant posted notice on site on: October 6, 2018 D. Next door posting: September 25, 2018 E. Neighbor meeting date and number of attendees: August 28, 2018; 2 attendees V. STAFF ANALYSIS The Applicant requests approval of a rezone of 7.24 acres of land from the I-L to the C-G zoning district consistent with the Commercial FLUM designation for this property. The existing and Meridian City Council Meeting Agenda November 1, 2018 – Page 102 of 137 Page 3 continued use of the property for retail, office and church uses is listed as a principally permitted use in the proposed C-G district per UDC Table 11-2B-2, Allowed Uses in the Commercial Districts. No new development or redevelopment of the site is proposed at this time. This property is subject to the terms of the Planned Development (PD) (CUP-01-009) approved in 2001 for Treasure Valley Technical Center; the PD included a larger 33+/- acre property of which this property is a part. The PD allowed professional and sales offices, a daycare center, and community and neighborhood shopping center (i.e. retail) with approval of a conditional use permit, along with any allowed uses in the I-L zoning district; a conceptual development plan was included in the PD as shown in Exhibit C. The Applicant requests the terms of the PD to no longer apply to this property as a provision of the subject rezone application. At the direction of the City Attorney, Staff has included a provision in the Development Agreement for the terms of the PD to no longer apply as requested, rather than modifying the PD. (The entire PD approval can be viewed at: http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=45240&dbid=0 ) City services (i.e. sewer & water service, police & fire protection) are currently provided to this property. Due to the limited sanitary sewer capacity available to this property, all new proposed tenants should first obtain approval from the Public Work’s Department prior to leasing and occupying space within the building in accord with Comprehensive Plan goal #6.02.00, “Ensure that adequate public services are provided for existing and future residents and businesses.” There is an existing full access for this site via S. Tech Lane, a private local street; and an existing full access via W. Overland Rd., an arterial street, shared with the property to the east (#S1213438401, Intermountain Pet Hospital). The ingress access to this site via Overland is located on the adjacent property to the east, while their egress is located on this property; this is the sole access for the property to the east. Although the shared access physically exists and is being used by both parties, there is no ingress/egress easement currently in place. Note: There is a an existing cross-access easement (#2018-039112, #2018-039159) recorded between this property and the adjacent property to the east (#S1213438401); however, it’s conditioned upon the adjacent property granting a reciprocal cross-access easement to the subject property (which hasn’t been done) and does not include the east/west cross-access driveway further to the north that is depicted on the site plan submitted with the Certificate of Zoning Compliance for the parking lot reconfiguration. The current configuration of the access via Overland Rd. and parking lot design on both properties is not a safe design and creates traffic conflicts and unsafe conditions. The two property owners are currently working together on a redesign of the entrance to their properties and parking lots that will create a more safe access via Overland Rd. and circulation between both properties with a new cross- access driveway further to the north between the two properties. As part of the Certificate of Zoning Compliance approval for that project (#A-2018-0296, Intermountain Pet Hospital Parking Lot Expansion), the property owner was required to record a reciprocal cross-access/ingress-egress easement with the subject property owner. The UDC (11-3A-3) requires access to be taken from a local street when available and restricts access to collector and arterial streets; this standard applies when there is a new, expanded, or extended use or development of the property such as this where the zoning/use is changing from industrial to a more intense commercial zoning/use. Because this site has access via a local street (i.e. S. Tech Ln.), access would typically be restricted to that access and access via the arterial street (i.e. Overland Rd.) would be terminated, unless otherwise waived by City Council. Because there is no legal means of ingress to this property or egress for the adjoining property via Overland Rd., if the Applicant wishes to retain the access via Overland, staff recommends a reciprocal cross-access/ingress-egress easement is recorded with the adjacent property to the east prior to rezone ordinance approval as a provision of the proposed rezone in accord with UDC 11-3A-3, which requires cross-access easements to be granted to adjacent properties when Meridian City Council Meeting Agenda November 1, 2018 – Page 103 of 137 Page 4 access via a local street isn’t available; and Comprehensive Plan action item #3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets.”. In industrial districts, a minimum of one off-street parking space is required for every 2,000 square feet of gross floor area compared to one space for every 500 square feet in commercial districts, per UDC 11-3C-6B. A total of 222 off-street parking spaces currently exist on this site; however, the eastern portion of the parking lot is proposed to be reconfigured through a separate Certificate of Zoning Compliance application that is currently in process which will result in a reduction in parking to 215 spaces. Based on the square footage of the building (i.e. 106,000 square feet), a minimum of 212 spaces are required. The existing and proposed parking complies with the minimum UDC standards although Staff is concerned there will be adequate parking for the use(s); the Applicant should be mindful of the type of potential tenants and their parking needs to ensure adequate parking continues to be provided. Street buffers, landscaping and sidewalks exist on this site along W. Overland Rd. and S. Tech Ln. in accord with UDC Table 11-2B-3 and 11-3A-17, and Comprehensive Plan action item #3.06.02F, which requires appropriate landscaping and buffers along transportation corridors. There are two (2) existing loading docks/areas, one on the west and one on the east end of the building, facing W. Overland Rd. that the applicant wishes to continue using. Current design standards do not allow loading docks/areas to face an arterial street (i.e. Overland Rd.). However, because the loading docks/areas were lawfully constructed at the time, they are considered a nonconforming use and are allowed to remain and be used subject to the standards listed in UDC 11- 1B-4, Nonconforming Use. The City may require a Development Agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure compliance with Staff’s recommendation associated with this application, staff recommends a DA is required with the provisions included in Exhibit VIII. VI. DECISION Staff recommends approval of the proposed rezone application with the requirement of a Development Agreement in accord with the Findings in Section IX per the provisions in Section VIII. Meridian City Council Meeting Agenda November 1, 2018 – Page 104 of 137 Page 5 VII. EXHIBITS A. Legal Description & Exhibit Map Meridian City Council Meeting Agenda November 1, 2018 – Page 105 of 137 Page 6 Meridian City Council Meeting Agenda November 1, 2018 – Page 106 of 137 Page 7 B. ALTA-NSPS Land Title Survey Meridian City Council Meeting Agenda November 1, 2018 – Page 107 of 137 Page 8 Exhibit C: Conceptual Development Plan Approved with Planned Development (CUP-01- 009) Meridian City Council Meeting Agenda November 1, 2018 – Page 108 of 137 Page 9 VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING DIVISION A Development Agreement (DA) is required as a provision of rezone of this property. Prior to approval of the rezone ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Due to the limited sanitary sewer capacity available to this property, all new proposed tenants shall first obtain approval from the Public Work’s Department prior to leasing and occupying space within the building. b. The subject property is no longer subject to the conditions of the previously approved Planned Development for this site (CUP-01-009, Treasure Valley Technical Center). c. The loading docks/areas on the east and west ends of the structure are considered a nonconforming use; as such, they’re allowed to remain and be used subject to the standards listed in UDC 11-1B-4, Nonconforming Use. d. A reciprocal cross-access/ingress-egress easement shall be recorded with the adjacent property to the east (#S1213438401, Intermountain Pet Hospital) prior to rezone ordinance approval for shared access of the existing driveway via W. Overland Rd. in accord with UDC 11-3A-3A.2. 2. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=155933&dbid=0 3. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/156213/Page1.aspx 4. NAMPA & MERIDIAN IRRIGATION DISTRICT NMID will not require a Land Use Change Application be filed for review nor have any further comments on this application – per Greg Curtis’ email on October 15, 2018 Meridian City Council Meeting Agenda November 1, 2018 – Page 109 of 137 Page 10 IX. FINDINGS 1. REZONE (UDC 11-5B-3E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Staff finds that the proposed map amendment to the C-G zoning district is consistent with the existing use and Comprehensive Plan FLUM designation of Commercial for this site. (See section V above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial district per UDC 11-2B-1. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable as the request is for a rezone, not annexation. Meridian City Council Meeting Agenda November 1, 2018 – Page 110 of 137 Planning and Zoning Commission Meeting Agenda Meeting Date: November 1, 2018 Agenda Item Number: 4 D Project File Number: H-2018-0110 Item Title: Public Hearing For Sulamita Church by Matthew Garner, Located at 4973 W. Cherry Ln. Request: Conditional Use Permit for a church on 8.49 acres of land in an R-8 zoning district Meeting Notes: i1 (D�f J P� I TEM SHEET C ouncil Agenda I tem - 4.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for S ulamita C hurch (H-2018-0110) by M atthew Garner, L ocated at 4973 W. C herry L n. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/26/2018 Meridian City Council Meeting Agenda November 1, 2018 – Page 111 of 137 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/1/2018 Hearing Type: PZ Item Number: 4-D Project Name: Sulamita Church Project No.: H-2018-0110 Active: ❑d Page 1 of 2 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=93 11/1/2018 I WishSign Signature City -State- In Address For Against Neutral To Name Zip Date/Time Testify Nampa, Matthew 22416th 11/1/2018 Idaho X garner avenue so 83651 5:37:44 PM Meridianidaho Vasiliy 2954 west 11/1/2018 1daho5:38:10 X Trofimuk wilder st PM 83646 Median Peter 2453 north 11/1/2018 idadaho X Trofimuk eureka ave 5:40:00 PM 83646 2291 E Meridian ID 11/1/2018 Vadim Elikh Meadow Wood X 83646 5:47:30 PM Dr Vasily 2731n Boulder Meridian ID 11/1/2018 X shabura Creek pl 83646 5:49:45 PM Vladimir 10769 Pipivine Nampa ID 11/1/2018 X Boyarchuk Dr 93687 5:52:43 PM 1259 E pisa 11/1/2018 Viktor Tsema ID 83642 X meridian 5:53:57 PM Aleksey Meridian 236 east james 11/1/2018 Filipov and idaho X ct 5:55:38 PM nadia 83646 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=93 11/1/2018 City of Meridian - Public Hearing Sign In Form Tools Page 2 of 2 Go Back To List Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=93 11/1/2018 Meridian 4436 west red 11/1/2018 Bogdan koval Idaho X grass ct 5:56:43 PM 93646 Natalya 2013n cribbens Boise id 11/1/2018 X tsema st 83713 6:01:36 PM Elizabeth 2908 e victory Nampa, ID, 11/1/2018 X Korotkih rd 83687 6:02:25 PM Boise Viktor 9712 W 11/1/2018 Idaho X Prudnikov Mossywood Dr 6:02:59 PM 83709 Boise 9542 W Bronze 11/1/2018 Paul Struk Idaho X Dr 6:03:35 PM 83709 Boise Prudnikov 9712 W 11/1/2018 Idaho X Viktor Jr Mossywood Dr 6:04:11 PM 83709 Boise Slavik 6689 S Zues 11/1/2018 Idaho X Derkatch Ave 6:04:46 PM 83709 3894 n Meridian ID 11/1/2018 Yuliya radion longabaugh X 83646 6:07:45 PM ave 3876 n 11/1/2018 Daniel radion 83646 X longabaugh 6:07:53 PM 3876 N 11/1/2018 Erena radion Meridian id X Longabaugh 6:08:27 PM MeridianIdaho Anton 399 e santiago 11/1/2018 idaho6:10:01 X X Boyarchuk dr PM 83646 Victoria 5431 n black Meridian id 11/1/2018 X kazimir sand ave 83646 6:12:12 PM Go Back To List Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=93 11/1/2018 Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 11/1/2018 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0110 Sulamita Church PROPERTY LOCATION: 4973 W. Cherry Ln. (Southwest corner of N. Black Cat Rd. and W. Cherry Ln.) I. PROJECT DESCRIPTION A conditional use permit is requested for a 28,457 square foot church on 8.49 acres of land in the R-8 zoning district as required by UDC Table 11-2A-2. The proposed church facility will consist of an administrative office, centralized foyer and main worship space, nursery room, meeting rooms, and fellowship gathering room; an unfinished gymnasium, kitchen and meeting room are also proposed to be finished at a later date. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 8.49 Future Land Use Designation MDR Existing Land Use Vacant (formerly SFR – 1 home that still exists on site) Proposed Land Use(s) Church Current Zoning R-8 Proposed Zoning NA Phasing plan (# of phases) 1 Physical Features (waterways, hazards, flood plain, hillside) Ten Mile Creek runs along south boundary Neighborhood meeting date; # of attendees: 9/10/18; 3 people attended History (previous approvals) AZ-14-014 (DA #2015-023708); CUP-14-019 Meridian City Council Meeting Agenda November 1, 2018 – Page 112 of 137 Page 2 B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) No  Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) 1 existing access via N. Black Cat Rd. (arterial); 1 access proposed via N. Black Cat Rd., (arterial), and 1 access proposed via W. Cherry Ln. (arterial) Traffic Level of Service NA Stub Street/Interconnectivity/Cross Access No stub street exist to this site and no public streets are proposed; a cross-access easement should be provided to the property to the west (#S1209110307)for access via Cherry Ln. Existing Road Network None Existing Arterial Sidewalks / Buffers None Proposed Road Improvements None Fire Service  Distance to Fire Station 1.6 miles  Fire Response Time 3 minutes (LOS expectation = 5 minutes)  Resource Reliability 80% (expectation should be 85% or greater)  Risk Identification 4 (1=residential, 2=residential with hazards, 3=commercial, 4=commercial with hazards, 5=industrial)  Accessibility Project will meet all required road widths & turnarounds  Special/resource needs  Aerial device required; Closest truck company is 10 minutes travel time (under ideal conditions) to the site – FD can meet this need in the required timeframe if a truck company is required.  Large grouping of people in one location In the event of a fire or other event, additional units will need to be brought in, which will require additional time delays as they are not available within the City.  Water Supply 2,250 gal./minute for 2 hours (approx.) Police Service No comment West Ada School District No comments received COMPASS (Communities in Motion 2040) No comments received Meridian City Council Meeting Agenda November 1, 2018 – Page 113 of 137 Page 3 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant Matthew Garner 224 16th Ave. South Nampa, ID 83651 B. Owner: Sulamita Church 1021 N.W. 8th St. Meridian, ID 83642 Meridian City Council Meeting Agenda November 1, 2018 – Page 114 of 137 Page 4 C. Representative: Same as Applicant IV. NOTICING A. Newspaper notification published on: 10/12/2018 B. Radius notice mailed to properties within 300 feet on: 10/9/2018 C. Applicant posted notice on site on: 9/29/2018 D. Nextdoor posting: 10/9/2018 V. STAFF ANALYSIS A. Comprehensive Plan Policies:  “Permit schools, churches, and other public and civic uses in rural areas, that are compatible with adjacent uses.” (3.05.02E)  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (3.06.02F)  “Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern.” (5.01.01D)  “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” (5.01.01E)  “Coordinate with irrigation districts to implement the proposed pathway network along irrigation canals, ditches, creeks, and easements.” (6.02.02C)  “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02N)  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) B. Existing Structures/Site Improvements: There is an existing (vacant) residential dwelling and accessory structures on the site. The applicant requests approval to use the existing dwelling as a job shack and remove it and the accessory structures prior to issuance of Certificate of Occupancy. Staff is amenable to the Applicant’s request. C. Dimensional Standards: See UDC Table 11-2A-6 (http://www.sterlingcodifiers.com/codebook/index.php?book_id=306) D. Specific Use Standards: UDC 11-4-3-6: Church or Place of Religious Worship Schools, child daycare services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district. Meridian City Council Meeting Agenda November 1, 2018 – Page 115 of 137 Page 5 E. Access: One (1) access is proposed via N. Black Cat Rd. and one (1) access is proposed via W. Cherry Ln. at the west boundary of the site in accord with the concept site plan included in the Development Agreement. The access via Black Cat should align with W. Thorn Creek St. across the street to the east as required by ACHD; the existing driveway via Black Cat should be removed upon construction of the new driveway. The Development Agreement requires a cross-access easement to be recorded granting access to the property to the west (#S1209110307, currently under the same ownership) to the driveway access via Cherry Ln.; the easement is required to be submitted with the Certificate of Zoning Compliance application. F. Parking: Per UDC Table 11-3C-6B.1, a minimum of 57 off-street parking spaces are required to be provided; a total of 191 spaces are proposed. Parking spaces and associated drive-aisles are required to comply with the dimensional standards listed in UDC Table 11-3C-5. G. Sidewalks/Parkways: Minimum 5-foot wide detached sidewalks are required along the entire frontage of the site adjacent to N. Black Cat Rd. and W. Cherry Ln., both arterial streets, in accord with UDC 11- 3A-17C. H. Pathways: The Pathways Master Plan depicts a segment of the City’s multi-use pathway system on this site along the north side of the Ten Mile Creek; therefore, a 10-foot wide pathway is required to be constructed along the entire southern boundary of the site and a 14-foot wide public pedestrian easement is required to be recorded for the pathway. I. Landscaping A 25-foot wide street buffer is required along the entire frontage of W. Cherry Ln. and N. Black Cat Rd., both arterial streets, as set forth in UDC Table 11-2A-6, landscaped per the standards listed in UDC 11-3B-7C. J. Waterways: The Ten Mile Creek runs along the southern boundary on this site and is required to be protected during development and left open and not be piped. K. Fencing: No fencing is proposed. Per UDC 11-3A-6C, fencing along natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing. Although all waterways can present a public safety hazard, Staff is of the opinion the Ten Mile Creek is not a large facility and should not be required to be fenced. L. Utilities: Street lighting is required to be installed within and adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Meridian City Council Meeting Agenda November 1, 2018 – Page 116 of 137 Page 6 VI. DECISION A. Staff: Staff recommends approval of the requested CUP with the conditions in Section VIII. VII. EXHIBITS A. Site Plan Meridian City Council Meeting Agenda November 1, 2018 – Page 117 of 137 Page 7 B. Landscape Plan Meridian City Council Meeting Agenda November 1, 2018 – Page 118 of 137 Page 8 C. Building Elevations Meridian City Council Meeting Agenda November 1, 2018 – Page 119 of 137 Page 9 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. A recorded cross-access easement shall be submitted with the Certificate of Zoning Compliance application granting access to the property to the west (#S1209110307, currently under the same ownership) to the driveway access via Cherry Ln. as set forth in the Development Agreement. 2. All existing structures on the site shall be removed prior to issuance of Certificate of Occupancy for the church. Until such time, the existing structure may be used as a job shack during construction of the church. 3. The site and landscape plans included in Exhibits A & B shall be revised as follows (as applicable): a. Align the access via Black Cat Rd. with W. Thorn Creek St. across the street to the east as required by ACHD; the existing driveway via Black Cat shall be removed upon construction of the new driveway. b. Parking spaces and associated drive-aisles are required to comply with the dimensional standards listed in UDC Table 11-3C-5. c. Minimum 5-foot wide detached sidewalks are required along the entire frontage of the site adjacent to N. Black Cat Rd. and W. Cherry Ln., in accord with UDC 11-3A- 17C. d. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk along W. Cherry Ln. and N. Black Cat Rd. to the main building entrance in accord with the standards listed in UDC 11-3A-19B.4. e. Depict a 10-foot wide multi-use pathway along the north side of the Ten Mile Creek in accord with the Pathways Master Plan; and landscaping adjacent to the pathway in accord with the standards listed in UDC 11-3B-12C. Note: The Development Agreement requires the site to develop in substantial compliance with the site plan, landscape plan and elevations included in the agreement. Therefore, Staff does not recommend the site design is reconfigured to comply with UDC 11-3A- 19B.2. 4. Submit a 14-foot wide public pedestrian easement to the Planning Division for the multi- use pathway as set forth in the Pathways Master Plan with the Certificate of Zoning Compliance application. 5. Prior to any development occurring on the site within the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 6. The applicant shall comply with the specific use standards listed in UDC 11-4-3-6, Church or Place of Religious Worship. 7. All fencing constructed on the site shall be consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. Any existing barbed wire fencing on the site is prohibited and shall be removed. 8. The future structure and site design shall comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. Meridian City Council Meeting Agenda November 1, 2018 – Page 120 of 137 Page 10 B. Public Works Site Specific Conditions of Approval 1. The applicant shall be responsible for the construction of water and sewer mains from their current points of connection to and through the proposed development, this may entail looping a water main through the site from W. Cherry Lane to N. Black Cat Road. Determination of this requirement will be made by means of computer modeling during the review of the civil design plans submitted as part of the building package. 2. A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. General Conditions of Approval 3. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 4. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 5. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 6. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 7. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda November 1, 2018 – Page 121 of 137 Page 11 8. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 9. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 10. The domestic water system shall be approved and activated, and at a minimum a compacted gravel road base capable of supporting a fire truck shall be place prior to applying for building permits. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-12-3H. 17. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Fire Department Meridian City Council Meeting Agenda November 1, 2018 – Page 122 of 137 Page 12 http://weblink.meridiancity.org/weblink8/0/doc/157210/Page1.aspx D. Central District Health Department http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=156407 E. Department of Environmental Quality (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/156136/Page1.aspx F. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/weblink8/0/doc/156509/Page1.aspx G. Idaho Transportation Department (ITD) http://weblink.meridiancity.org/weblink8/0/doc/156915/Page1.aspx H. Ada County Highway District (ACHD) Comments have not yet been received from ACHD; the applicant shall comply with all ACHD conditions of approval associated with this application. 9. FINDINGS The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the proposed 8.49 acre site is large enough to accommodate the proposed church and meet all the dimensional standards and development regulations of the R-8 zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed church will be harmonious with the Comprehensive Plan if the Applicant complies with the conditions in Section VIII of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the proposed design, construction, operation and maintenance of the church will be compatible with adjacent residential uses and the intended character of the area and will not adversely affect the same. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds the proposed church will not adversely affect other properties in the vicinity if the Applicant complies with the conditions in Section VIII of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds the proposed church will be adequately served by the public facilities and services noted. Meridian City Council Meeting Agenda November 1, 2018 – Page 123 of 137 Page 13 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed church will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff finds the proposed church use will not detrimentally affect any persons, property or the general welfare by the excessive production of traffic or emissions generated from the site. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any natural, scenic or historic features that exist on this site of major importance that will be destroyed or damaged by the proposed development. The Commission and Council should rely on any public testimony presented to determine this finding. Meridian City Council Meeting Agenda November 1, 2018 – Page 124 of 137 Planning and Zoning Commission Meeting Agenda Meeting Date: November 1, 2018 Agenda Item Number: 4 E Project File Number: H-2018-0109 Item Title: Public Hearing for Elevate Franklin Storage by Ten Mile Development, LLC, Located at the NW corner of W. Franklin Rd. and N. Umbria Hill's Ave. at 3755 W. Perugia St. Request: Rezone of 3.53 acres of land from the L-0 to the R-15 zoning district; and Request: a Development Agreement Modification to remove the subject property from the existing agreement (Instrument No. 106002636, Silver Oaks Subdivision) Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 4.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for E levate F ranklin Storage (H-2018-0109) by Ten M ile D evelopment, L L C, L ocated at the NW corner of W. F ranklin Rd. and N. Umbria Hill's Ave. at 3755 W. Perugia St. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/31/2018 Meridian City Council Meeting Agenda November 1, 2018 – Page 125 of 137 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 11/1/2018 Hearing Type: PZ Item Number: 4-E Project Name: Elevate Franklin Storage Project No.: H-2018-0109 Active: ❑d There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2018 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=94 11/1/2018 Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 11/1/2018 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Elevate Franklin Storage H-2018-0109 PROPERTY LOCATION: 3755 W. Perugia Street I. PROJECT DESCRIPTION The Applicant has submitted an application for a modification to the existing Development Agreement (Instrument No. 106002636) to remove the subject property from the agreement ; and a rezone of 3.53 acres of land from the L-O to the R-15 zoning district. A rezone is requested for the development of an accessory self-service storage facility for the existing multi-family development to the north (i.e. Silver Oaks). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.53 Future Land Use Designation MHDR (TMISAP) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Self-service storage facility (accessory use to the multi- family development to the north) Current Zoning L-O Proposed Zoning R-15 Lots (# and type; bldg/common) NA Phasing plan (# of phases) 1 Physical Features (waterways, hazards, flood plain, hillside) Kennedy Lateral runs along west boundary of site Neighborhood meeting date; # of attendees: 07/25/2018; no attendees Meridian City Council Meeting Agenda November 1, 2018 – Page 126 of 137 Page 2 Description Details Page History (previous approvals) AZ-05-016 (Silver Oaks DA #106002636 – requires CUP approval of all future development); CUP-05-024 (expired); FP-06-011 (Lot 1, Block 1, Umbria Subdivision; MDA-10-011 (amended DA Inst. #111028916) B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) No  Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Proposed access via W. Perugia St. (local street); secondary emergency access via N. Umbria Hills Ave. (local street) Traffic Level of Service NA Stub Street/Interconnectivity/Cross Access Existing Road Network Existing Arterial Sidewalks / Buffers Proposed Road Improvements Fire Service No comment Police Service No comment Wastewater No comment Water No comment COMPASS (Communities in Motion 2040) No Comments received Meridian City Council Meeting Agenda November 1, 2018 – Page 127 of 137 Page 3 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant Ten Mile Development, LLC 1409 N. Main St., Ste. 109 Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Becky McKay, Engineering Solutions, LLP Meridian City Council Meeting Agenda November 1, 2018 – Page 128 of 137 Page 4 1029 N. Rosario St., Ste. 100 Meridian, ID 83642 IV. NOTICING A. Newspaper notification published on: 10/12/2018 B. Radius notice mailed to properties within 300 feet on: 10/9/2018 C. Applicant posted notice on site on: 10/21/2018 D. Nextdoor posting: 10/9/2018 V. STAFF ANALYSIS A. Comprehensive Plan Policies: Per the TMISAP, medium-high density residential designated areas are recommended primarily for relatively dense multi-family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. They should include a mix of housing types that achieve an overall average density target of 12 units per gross acre. Although primarily a residential designation, a limited amount of other land use types are also located in MHDR areas (see pgs.3- 6 and 3-7 in the TMISAP for more information).  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F)  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)  “Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G)  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F)  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) B. Existing Structures/Site Improvements: None C. Existing Zoning L-O D. Proposed Zoning/Use R-15; self-service storage facility – accessory to the adjacent multi-family development (i.e. Silver Oaks to the north) (only allowed as an accessory use) E. Dimensional Standards: See UDC Table 11-2A-7 http://www.sterlingcodifiers.com/codebook/index.php?book_id=306 F. Specific Use Standards: The proposed use is subject to the following standards: “11-4-3-34: STORAGE FACILITY, SELF-SERVICE: Meridian City Council Meeting Agenda November 1, 2018 – Page 129 of 137 Page 5 A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. C. The distance between structures shall be a minimum of twenty five feet (25'). complies D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chainlink shall not be allowed as fencing material. The facility will be completely screened from public view by the rear of the structures. E. If abutting a residential district, the facility hours of public operation shall be limited to six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. F. A minimum twenty five foot (25') wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9C of this title. NA G. If the use is unattended, the standards in accord with section 11-3A-16, "Self-Service Uses", of this title shall also apply. H. The facility shall have a second means of access for emergency purposes. complies I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. J. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. (Ord. 13-1555, 5-14-2013)” G. Concept Plan: A concept plan was submitted that depicts an indoor storage facility with several different sizes of storage units ranging in size from 5’ x 5’ to 10’ x 20’. H. Access: Access via W. Perugia St.; secondary emergency access via N. Umbria Hills Ave. In accord with UDC 11-3A-3A and the Comprehensive Plan, Staff recommends a road trust is submitted to ACHD for half the cost of construction of a bridge over the Kennedy Lateral and extension of W. Perugia Street to the west to Parcel #S121034712; the road trust should be submitted to ACHD prior to issuance of the first building permit for the proposed development. Note: With Umbria Subdivision, a similar road trust was required of the Applicant that was held for several years but eventually released by ACHD. Staff anticipates the property to the west developing in the near future and with the road trust, construction of the bridge could occur. I. Parking: Per UDC 11-3C-6B.1, parking is based on gross floor area of office space for self-service storage facilities. An 800 square foot office is proposed, therefore, a minimum of one (1) parking space is required; two (2) spaces are proposed with one of those being an ADA space. Because an employee will likely use one of those spaces and a visitor may not be able to use the ADA space, Meridian City Council Meeting Agenda November 1, 2018 – Page 130 of 137 Page 6 Staff recommends at least one (1) additional space is provided for a minimum of 3 total spaces. The associated multi-family development is currently experiencing issues with parking due to residents using the garages for storage rather than parking. The proposed accessory storage should provide for the storage needs of residents and free up garage space for parking, which should reduce parking issues within the multi-family development. J. Sidewalks: Five-foot wide attached sidewalks exist along W. Perugia St. and N. Umbria Hills Ave.; a 5-foot wide detached sidewalk exists along W. Franklin Rd. K. Pathways: None required L. Landscaping A 10-foot wide street buffer is required to be constructed along N. Umbria Hills Ave. and W. Perugia St., both local streets; and a 25-foot wide buffer is required along W. Franklin Rd., an arterial street, as set forth in UDC Table 11-2A-7. Landscaping is required to be provided within the buffers as set forth in UDC 11-3B-7C. The proposed landscape plan is in compliance with the aforementioned standards. M. Waterways: The Kennedy Lateral runs along the west boundary of this site. The City Council previously approved a waiver to UDC 11-3A-6 to allow the lateral to remain open and not be piped (FP-06- 011). N. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. Fencing is not depicted on the plan. To preserve public safety, Staff recommends fencing is installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11-3A-6C.3. Further, Staff recommends 6-foot all wrought iron fencing is provided consistent with that to the north installed with the multi-family development. O. Utilities All utilities for the proposed use are required to be installed at or below grade in accord with the City’s adopted standards, specifications and ordinances. The proposed development is required to connect to the City water and sewer systems, unless otherwise approved by the City Engineer. (See UDC 11-3A-21) P. Design Review All structures proposed to be constructed on the site except for those that are fully screened from view from all abutting property lines (i.e. those internal to the development, as applicable), are required to comply with the design standards listed in UDC 11-3A-19, the Architectural Standards Manual (ASM) and the TMISAP. Proposed building materials consist of metal paneling, Hardie paneling and stone veneer. The ASM prohibits metal paneling as a finish material; however, it can be used as an accent or secondary field material. Elevations submitted with the Certificate of Zoning Compliance application should be in compliance with the ASM. Meridian City Council Meeting Agenda November 1, 2018 – Page 131 of 137 Page 7 VI. DECISION A. Staff: Staff recommends approval of the proposed development agreement modification and rezone with the requirement of a new development agreement including the provisions in Section VIII of this report. VII. EXHIBITS A. Site Plan Meridian City Council Meeting Agenda November 1, 2018 – Page 132 of 137 Page 8 B. Landscape Plan Meridian City Council Meeting Agenda November 1, 2018 – Page 133 of 137 Page 9 C. Building Elevations VIII. CITY/AGENCY COMMENTS A. Planning Division 1. The existing Development Agreement (Inst. #106002636, amended Inst. #111028916) shall be revised to exclude the subject property from the agreement. 2. A new Development Agreement (DA) is required as a provision of the rezone of this property. Prior to rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A Certificate of Zoning Compliance and Design Review application will not be accepted until the Ordinance and DA are recorded. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the rezone for approval by City Council and subsequent recordation. The DA shall, at a minimum, incorporate the following provisions: a. Future development of the subject property shall be generally consistent with the conceptual development plan and elevations approved with H-2018-0109 and the provisions included herein. b. The storage facility is allowed to operate in conjunction with and as an accessory use to the multi-family development to the north (i.e. Silver Oaks) and shall only provide Meridian City Council Meeting Agenda November 1, 2018 – Page 134 of 137 Page 10 storage service for residents of the multi-family development. Providing storage service for non-residents (i.e. the general public) is prohibited. c. The Developer/Owner shall comply with the specific use standards listed in UDC 11- 4-3-34, Storage Facility, Self-Service, as follows: i. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. ii. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. iii. If the use is unattended, the standards listed in UDC 11-3A-16, Self-Service Uses, shall apply as follows, “Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting.” iv. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. v. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. vi. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. (Ord. 13-1555, 5-14-2013) e. Submit a road trust to ACHD for half the cost of construction of a bridge over the Kennedy Lateral and extension of W. Perugia Street prior to issuance of the first building permit for the development. f. Provide a minimum of three (3) parking spaces on the site for employee and visitor parking. g. To preserve public safety, a fence shall be installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11-3A- 6C.3. h. Six-foot tall wrought iron fencing is required to be constructed on the site along the Kennedy Lateral in accord with the standards listed in UDC 11-3A-6 and 11-3A-7. i. The hours of operation for the storage facility shall be limited to 6:00 am to 11:00 pm in accord with UDC 11-4-3-34E. j. All future structures shall comply with the design standards listed UDC 11-3A-19 and the Architectural Standards Manual, and the policies in the Ten Mile Interchange Specific Area Plan. B. Public Works Department 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Meridian City Council Meeting Agenda November 1, 2018 – Page 135 of 137 Page 11 2. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 3. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 4. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 5. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 6. Street signs are to be in place, water system shall be approved and activated, and at a minimum, a compacted gravel road base shall be in place prior to applying for building permits. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 9. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-12-3H. 13. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 14. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Meridian City Council Meeting Agenda November 1, 2018 – Page 136 of 137 Page 12 15. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 16. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Department of Environmental Quality (DEQ): http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=156415&dbid=0 D. Idaho Transportation Department (ITD): http://weblink.meridiancity.org/weblink8/0/doc/156918/Page1.aspx E. Ada County Highway District (ACHD): http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=157495&dbid=0 IX. FINDINGS Annexation/Rezone (UDC 11-5B-3E): Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds the proposed map amendment from L-O to R-15 is consistent with the MHDR FLUM designation and the applicable provisions in the Comprehensive Plan as noted in Section VI. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment complies with the regulations for the proposed R-15. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds the proposed map amendment should not be detrimental to the public health, safety and welfare. However, the Commission and Council should rely on public testimony to determine this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and Staff finds the proposed map amendment will not result in an adverse impact on delivery of services as stated. E. The annexation (as applicable) is in the best interest of city. This finding does not apply since the application is for a rezone, not annexation. Meridian City Council Meeting Agenda November 1, 2018 – Page 137 of 137