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2019-04-04
MERIDIAN PLANNING AND ZONING COMMISSION MEETING AGENDA City C ouncil C hamber s 33 E ast Br oadway Avenue M eridian, Idaho T hursday, April 4, 2019 at 6:00 P M 1.Roll-C all Attendance __X__Lis a H olland __X__And rew S eal __O__R honda M c C arvel ___X_R eid O ls en __O__Ryan F itzgerald ___O_Bill C assinelli 2.Adoption of Agenda Adopted as Noted ___X__ J essica P errault - C hairp ers on 3.C onsent Agenda [Action Item] A. Appr ove M inutes of M ar ch 21, 2019 Planning and Zoning C ommission M eeting Approved 4.Acti on Items L and U se P ublic H ea rin g P rocess: After th e P ublic H ea rin g is op en ed th e sta ff rep ort w ill b e p resen ted b y th e a ssigned city p lann er. F ollow in g S ta ff's rep ort th e applicant has u p to 1 5 m inutes to p resen t th eir applica tion . E a ch m em b er of th e pub lic m a y p rovid e testim on y u p to 3 m inutes or if th ey a re rep resen tin g a la rg er g roup, su ch a s a H om eow n ers Associa tion , th ey m a y b e a llow ed 1 0 m inutes. T h e applicant is th en a llow ed 1 0 add itional m inutes to resp on d to th e pub lic's commen ts. N o add itional pub lic testim on y is ta ken on ce th e pub lic h ea rin g is closed . A. P ublic Hearing C ontinued fr om F ebr uar y 21, 2019 for Real L ife C hur ch (H-2019-0004) by Real L ife C hur ch, L ocated 1098 N. Hickor y Ave. Approved 1.R equest: A C onditional Use P ermit f or a church and ancillary daycare c enter on 0.68 acres of land in the I -L zoning district B. P ublic Hearing for C able One O T N B uilding at M cM illan (H-2019- 0026) by by C able O ne, Inc, L ocated 2350 W. M c M illan Rd. Vacated from the Agenda 1.R equest: C onditional Use P ermit approval to contruct an O ptical Transport Network (O T N) building f or high-speed internet and cable in the L -O zoning district as required by the development agreement f or the site C. P ublic Hearing C ontinued fr om M ar ch 7, 2019 for T hr ee Cor ner s Ranch (H-2019-0006) by S weet L and Development, Inc., L ocated at Page 11 Page 27 Page 44 1890 E . D unwoody Ct. Continued to May 16, 2019 1.R equest: A nnexation and Z oning of 31.06 acres of land with the R-4 zoning D istrict, and; 2.R equest: A P reliminary P lat cons isting of 45 building lots and 9 c ommons lots. D. P ublic Hearing for G ander C reek (H-2019-0013) by T rilogy D evelopment, Inc., L ocated at the S W cor ner of N. M cDermott Rd. and W. M c M illan Rd. Continued to April 18, 2019 1.R equest: A nnexation and zoning of 125.68 acres of land with an R- 8 zoning district; and, 2.R equest: a P reliminary P lat consisting of 401 building lots, 55 common lots, and 5 other lots on 117.10 acres of land in the R-8 zoning district Meeting Adjourned at 6:22 PM Page 47 Meridian Planning and Zoning Meeting April 4, 2019. Meeting of the Meridian Planning and Zoning Commission of April 4, 2019, was called to order at 6:00 p.m. by Chairman Jessica Perreault. Members Present: Chairman Jessica Perreault, Commissioner Lisa Holland, Commissioner Andrew Seal and Commissioner Reid Olsen. Members Absent: Commissioner Rhonda McCarvel, Commissioner Ryan Fitzgerald, Commissioner Bill Cassinelli, Others Present: Chris Johnson, Ted Baird, Bill Parsons, Stephanie Leonard and Dean Willis. Item 1: Roll-call Attendance ___X___ Lisa Holland ___X___ Reid Olsen ___X___ Andrew Seal _______ Ryan Fitzgerald _______ Rhonda McCarvel _______ Bill Cassinelli ___X___ Jessica Perreault - Chairman Perreault: Good evening, Ladies and Gentlemen. If everyone would take their seats, please. At the time I would like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning Commission on -- where are we at? April 4th, 2019. Let's take roll call. Item 2: Adoption of Agenda Perreault: Okay. Next on the agenda is the adoption of the agenda. Because we have had a withdrawal of Item 4-B, if I could get a motion to amend the agenda. Holland: So moved. Seal: Second. Perreault: It has been moved and seconded to amend the agenda to remove Item 4-B. All those in favor say aye. None opposed. Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 3: Consent Agenda [Action Item] A. Approve Minutes of March 21, 2019 Planning and Zoning Meridian City Council Meeting Agenda April 18, 2019 – Page 4 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 2 of 11 Commission Meeting Perreault: Third item on the agenda is the Consent Agenda to approve the minutes of March 21st, 2019, Planning and Zoning Commission meeting. Can I get a motion? Olsen: So moved. Seal: Second. Perreault: It has been moved and seconded to approve the Consent Agenda. All those in favor say aye. Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Perreault: Okay. I'm going to explain the public hearing process this evening and, then, to let you all know after I do that we are going to open Three Corners Ranch, H-2019- 0006 and Gander Creek, H-2019-0013 for the purpose of continuing those meetings. We will not be taking public testimony on either of those applications this evening per the request of the applicants. So, just to let you know all that up front. So, at this time I will briefly -- briefly explain the public hearing process. We will open each item individually and, then, start with the staff report. The staff will report their findings regarding how the item adheres to our Comprehensive Plan and Uniform Development Code with the staff's recommendations. After the staff has made their presentation the applicant will come forward to present their case for the approval of their application and respond to any staff comments. The applicant will have 15 minutes to do so. After the applicant has finished we will open the public testimony. There is an iPad in the back as you entered. If anyone wishes to testify, please, sign at that location. Any person testifying will come forward and be allowed three minutes. If anyone here is speaking for a larger group, such as a homeowner's association, we will take a show of hands for individuals that would like that person to represent the group and they will be given up to ten minutes. After all testimony has been heard, the applicant will be given another ten minutes to come back and respond if they so choose. Then we will close the public hearing. The Commissioners will have a chance to discuss and, hopefully, be able to make a recommendation to City Council. Item 4: Action Items C. Public Hearing Continued from March 7, 2019 for Three Corners Ranch H-2019-0006) by Sweet Land Development, Inc., Located at 1890 E . Dunwoody Ct. 1. Request: Annexation and Zoning of 31.06 acres of land with the R-4 zoning District, and; 2. Request: A Preliminary Plat consisting of 45 building lots and 9 Meridian City Council Meeting Agenda April 18, 2019 – Page 5 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 3 of 11 commons lots. Perreault: At this time I would like to open the public hearing for Three Corners Ranch, H-2019-0006 that was continued from March 7th. Is the applicant present this evening? Would you, please, come forward. You're welcome to share with us why you would like to continue the meeting. If you don't choose to do that, please, do tell us what date you would like to move the meeting to. Lopez: Yes. Marcel Lopez. 4824 -- Perreault: I'm sorry. Please state your name and address for the record and speak into the microphone. Lopez: Marcel Lopez. 4824 West Fairview Avenue, Boise. Yes, we respectfully request to continue the hearing for Three Corners. We are in the process of revising the preliminary plat in order to provide enough sufficient time for staff to complete their review we are requesting that it be continued. I believe we discussed a May date, but staff can elaborate on that. Leonard: Madam Chair, Members of the Commission, I think we were discussing May 16th, if that works for you. Perreault: May 16th. Lopez: Yes. Perreault: Okay. All right. Thank you very much. Lopez: Thank you. Perreault: Can I get a motion to move to Three Corners Ranch, H-2019-0006, to May 16th? Olsen: Move that we move Hearing No. H-2019-0026 to May 16th. Holland: I will second the motion with just an amendment that it's 0006. Perreault: Oh. My apologies. Olsen: Oh. Thank you. Perreault: It has been moved and seconded to continue Three Quarters Ranch, H-2019- 0006, to the date of May 16th, 2019. Okay. Johnson: Madam Chair, are you going to call a vote on that? Meridian City Council Meeting Agenda April 18, 2019 – Page 6 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 4 of 11 Perreault: I apologize. Johnson: Are you calling a vote on the motion? Perreault: Yes. I apologize. I'm sorry. We are moving along fast tonight. Can I -- all those in favor say aye. None opposed. Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. D. Public Hearing for Gander Creek (H-2019-0013) by Trilogy Development, Inc., Located at the SW corner of N. McDermott Rd. and W. McMillan Rd. 1. Request: Annexation and zoning of 125.68 acres of land with an R- 8 zoning district; and, 2. Request: a Preliminary Plat consisting of 401 building lots, 55 common lots, and 5 other lots on 117.10 acres of land in the R-8 zoning district Perreault: Okay. Next we will open the public hearing for Gander Creek, H-2019-0013 for the purpose of continuing. Is the applicant here this evening? No? Would staff like to share more information about what the applicant intends to do? Parsons: Madam Chair, Members of the Commission, happy to do so. So, this is one where the applicant doesn't want to move forward until we have ACHD's staff report for you to take it under advisement as you -- because it is a 400 lot subdivision. So, they thought it was in their best interest to defer it for two weeks, so that we can get that information as you deliberate on the application two weeks from now. Perreault: April 18th -- Parsons: April 18th. Perreault: -- 2019? Parsons: That is correct. Perreault: Thank you. Can I get a motion to continue -- excuse me -- Gander Creek, H- 2019-0013? Seal: Madam Chair? De Weerd: Commissioner Seal. Seal: I move to continue -- continue File No. H-2019-0013 to April 18th. Meridian City Council Meeting Agenda April 18, 2019 – Page 7 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 5 of 11 Holland: Second. Perreault: It has been moved and seconded to continue Gander Creek, H-2019-0013 to April 18th, 2019. All those in favor say aye. None opposed. Motion carries. MOTION CARRIED: FOUR AYES. THREE AYES. A. Public Hearing Continued from February 21, 2019 for Real Life Church (H-2019-0004) by Real Life Church, Located 1098 N. Hickory Ave. 1. Request: A Conditional Use Permit for a church and ancillary daycare center on 0.68 acres of land in the I -L zoning district Perreault: Okay. Next we will open the public hearing that was continued from February 21st, 2019, for Real Life Church, H-2019-0004. Does staff have any additional items to report? Leonard: Madam Chair, Members of the Commission, yes. As you remember from the last time we met we had kind of asked the applicant to work on looking at a more permanent parking solution and outdoor play space for the daycare component of their request. Since then the applicant has actually worked with -- and I think is working to acquire the land to the south that we have mentioned before. They have designed an additional -- it's about 49 spaces to the south, so that should accommodate the number of parishioners they are anticipating and the number of daycare students. The outdoor space they don't have anything planned in the immediate future. The way their classes are structured it's about a three hour period, so I think they are going to try to focus on indoor class time and, then, maybe at a later time they will focus on outdoor space, but for right now the parking is the main thing that I think that they have improved upon since the last meeting. Perreault: Thank you. Is the applicant present this evening? Please state your names and address for the record. McAnulty: Matt McAnulty with neUdesign Architecture, 725 East 2nd Street. Jordan: And I'm Justin Jordan, lead pastor of Real Life Ministries and we are at 35 East Fairview Avenue, Meridian, Idaho. Perreault: Thank you. McAnulty: You bet. Perreault: Who will be speaking first? Meridian City Council Meeting Agenda April 18, 2019 – Page 8 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 6 of 11 McAnulty: I will go ahead. Madam Chair and Commissioners, as Stephanie mentioned, the church has proceeded to acquire and looking to acquiring the parcel to the south. Currently, like she mentioned, there is about 49 parking stalls, so a total of about 79 complete with the existing and some updates and changes that are required. Based on calculations we feel that this is more than adequate for the future growth. They are planning to do two separate Sunday services and this would accommodate for both of those, as well as there is still in -- the two neighboring parcel agreements for those -- those Sunday services as well, as was discussed in the previous meeting. we are looking at the -- the layout. This is very preliminary. We -- we feel that we can get some more spaces squeezed out of the new parcel, which would get us probably closer to 80 or above. So, that's kind of what our next step is on that, as well as in regards to the outdoor play area, it really doesn't fit in with the current schedule for the church and daycare services and program as well as -- you know, it's a three hour block, so there is not -- there is not a lot of time to go out and play. There is more indoor learning versus -- versus that. And, then, I just want to kind of briefly remind the Commissioners that -- that Meridian code does not require outdoor play areas for preschools or daycare services. And, then, the other thing Justin -- Jordan: Yeah. I was just going to say, you know, Sam and Jim, who were here last time, in opposition of the current plan, they are aware of the new plan and have talked to our realtor and have given a green light to it and I don't believe they are here tonight. So, I just wanted to let you guys know about that as well. And, yeah, that's pretty much it. Perreault: Are there any questions for the applicant? Seal: Yes, Madam Chair? Perreault: Commissioner Seal. Seal: The question I have is how -- how close are you to securing the -- the property that's to the south of you? Is that sometimes -- I mean I know it's ongoing, but is there something in writing at this point or is it -- Jordan: Yeah. It's under contract, so it's just contingent of the CUP being approved and closing will be in May, so -- if -- if the CUP goes through. Seal: Okay. For the -- when would you start to inhabit the building and function as a church and a daycare? Jordan: The -- the church most likely August, September. Depends on, obviously, building permits and construction of the building. The preschool probably most likely wouldn't be until fall of 2020, so -- Seal: Okay. Meridian City Council Meeting Agenda April 18, 2019 – Page 9 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 7 of 11 Perreault: I remember in the last hearing that you had signed leases with some parking -- some business owners to the north. Does this eliminate the need -- the need for all those leases and allow you enough space with this and in addition the street parking? Jordan: I would say that we probably would still hold onto those agreements just to make sure that we have adequate traffic flow. Some of our more committed members that are going to be there for two to three hours we will probably say, hey, if you're going to park down the street, so that we have our first time guests can come and can find a parking spot quickly versus having to look for one and so we will probably still utilize those, but the -- I guess to answer your question, the -- the urgency to need them is going to be a lot lower now because of the additional parking that we have and the ACHD parking on the street as well, so -- Perreault: I'm sorry, could you share, again, the estimated full number of parking spaces from what is on the existing property and, then, what you're adding? I didn't hear that number. McAnulty: The total is 79, so we are adding 49 -- Perreault: Seventy-nine? McAnulty: -- spaces. Uh-huh. Perreault: Okay. And, then, what are the red line -- red dotted lines that are showing on this rendering? McAnulty: Those are more for internal architecture use, but they are the fire truck turnarounds, just so we can lay out appropriately the drive aisles. Perreault: Okay. McAnulty: Nothing special. Perreault: Okay. Holland: Madam Chair? Perreault: Additional questions? Commissioner Holland. Holland: One more additional question. On the -- the area that you're looking to acquire -- and this might be more of a staff question. Are you going to be required to pave that lot as well or -- Jordan: Which lot are you referring to? Meridian City Council Meeting Agenda April 18, 2019 – Page 10 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 8 of 11 Holland: The -- the south lot where it's just the -- the dirt lot that you're looking to acquire, would you be paving that as well and striping those stalls? Jordan: Uh-huh. Holland: Okay. Thank you. Perreault: Okay. Thank you, gentlemen. Is there anyone signed up to testify this evening? Johnson: No, Madam Chair. Perreault: Is there anyone here who would like to testify? None? Okay. And so no need to have the applicant come forward. I would like to remind the Commissioners this evening that this is a conditional use permit application, which means it is our final decision and we won't need to make a recommendation to City Council. Can I get a motion to close the public hearing? Holland: So moved. Seal: Second. Perreault: It has been moved and seconded to close the public hearing for April 4th, 2019. All those in favor? None opposed. Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Perreault: Who would like to start with their thoughts? Olsen: Madam Chair? Perreault: Commissioner Olsen. Olsen: It seems that all of the requests that we have made have been handled. I think we can go forward with this. Perreault: Okay. Holland: Madam Chair? Perreault: Commissioner Holland? Holland: This one was a tough one for me originally, because of where they were looking to locate. I wish I could find them a beautiful spot to be in, you know, in a nice office park or in a nice area. It's always tough when you have got a church facility kind of fitting into an industrial zone, especially when there is not a lot of industrial available in the valley. Meridian City Council Meeting Agenda April 18, 2019 – Page 11 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 9 of 11 So, that was one of my challenges. But, you know, we asked them to go back and come back to us with a better parking plan, which they have done. I feel comfortable with the amount of parking that they have been able to secure. I think it sounds like they have got good contingency plans for when they have got overflow. So, while I don't necessarily love having a -- this specific use in an industrial area, there might be a better use for an industrial area, I don't really have a big reason to object to it either. Perreault: Okay. Seal: Madam Chair? Perreault: Commissioner Seal. Seal: I would -- I would agree with what's been presented here as far as what the applicant has done. They have come back and they have -- they have done everything that we have asked them to do. The only exception to that is the -- the play equipment, which, hopefully, that's something that they can put in in the future. Although they do have adequate access to some green areas that are to the north of the building and over in the -- the Blue Cross campus as well. So, hopefully, that's something that they can take advantage of in the future. But for the most part they have -- or in total they have come back and answered everything that we have asked them to. Perreault: Thank you. Oh, I definitely agree with -- with my fellow Commissioners and with Commissioner Holland regarding this. Probably not the highest and best use for this location, but I also don't see anything that -- that has me greatly concerned about the use itself. I don't think it's going to create a hardship in that area of any kind, just for the applicant's sake we would love to see a more beautiful area, but we understand that it is difficult for churches to find good locations. So, is anybody ready to make a motion? Seal: Madam Chair, I have a quick question. As far as the reside -- or, excuse me, the revised site plan, is that already -- essentially if we do make a -- if we do make a motion to approve this is that already included? If we just move to approve it as is is that included in the recommendation I should say? Staff recommendation. Leonard: Madam Chair, Commissioner Seal, the applicant will be required to do a certificate of zoning compliance and design review, so they will have a chance to possibly add more spaces as they discussed and kind of make sure that they adhere to our dimensional standards and landscaping requirements, so this is -- this is more of a rough idea of how many spaces they are planning to provide, but not finalized. Parsons: Yeah. Madam Chair, Members of the Commission, certainly you can ask us to attach this as an exhibit in the staff report. That's typically what we do with conditional use permits. If you recall in the staff report we required the applicant to provide additional parking on this light -- this lot as part of our approval of a conditional use permit. So, what the applicant has done is comply with the conditions that we already have under our conditional use permit -- or conditions in the staff report. So, they are, essentially, Meridian City Council Meeting Agenda April 18, 2019 – Page 12 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 10 of 11 compliant with what we have asked them to do. So, what we can do is remove the site plan that you see on the left-hand side, insert this one, and realize that through the CZC and design review process they will probably gain a few more parking stalls on the site, so it's not a bad thing to have more than 79. I think just looking at their layout I can envision at least four or five more stalls on the site easily without too many modifications to the site plan. So, to answer your -- to answer your question, yes, we have it covered, but we will attach this as an exhibit in the staff report, just to make it clear for the record. Seal: Thank you. Parsons: And, please, include that in your motion. Thank you. Perreault: Any additional discussion? Seal: Figure out how to word this. Olsen: Madam Chair? Perreault: Commissioner Olsen. Olsen: I would like to make a motion that after considering all staff, applicant and public testimony, I move the approval of file number H-2019-0004 as presented in the staff report for the hearing date of April 4th, 2019, with one attachment as we discussed to make sure that it gets included. Perreault: Okay. Would you mind clarifying what we are attaching? Olsen: I'm going to have to ask for instruction. Leonard: Madam Chair, Commissioner Olsen, you just want to say the revised site plan. Olsen: The site plan? Leonard: The revised site plan. Olsen: Okay. Including the revised site plan. Perreault: Thank you. Olsen: Thank you. Seal: Second. Perreault: It has been moved and seconded to approve file number H-2019-0004 with the modification of attaching the revised site plan to -- excuse me -- to the staff report. All those in favor say aye. None opposed. Motion carries. Meridian City Council Meeting Agenda April 18, 2019 – Page 13 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 11 of 11 MOTION CARRIED: FOUR AYES. THREE ABSENT. Perreault: Can I get one more motion this evening? Holland: Want this one? Seal: Go ahead. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: I move we adjourn the Planning and Zoning Commission meeting for April 4th, 2019. Olsen: Second. Perreault: It has been moved and seconded to adjourn the Planning and Zoning hearing for April 4th, 2019. All those in favor say aye. Motion carries. MEETING ADJOURNED AT 6:22 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) 4X W J SICA R EAULT - CHAIRMAN 044O�P,Sep AUGUsr, l�3 V � �i fI1 G�� (� ! W Lrf 14 18 1 19 DATE APPROVED E IDAN*-- IHO IDI PLANNING AND ZONING COMMISSION MEETING AGENDA April 4, 209 Agenda Item Number: 3-A Project File Name/Number: Item Title: Approve Minutes of the March 21, 2019 Planning and Zoning Commission Meeting Meeting Notes: rte✓ APPP9;!�� 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 M arch 21, 2019 P lanning and Zoning C ommission M eeting AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 3/26/2019 Meridian City Council Meeting Agenda April 4, 2019 – Page 3 of 81 Meridian Planning & Zoning Commission March 21, 2019 Page 46 of 46 Perreault: Thank you. Holland: Madam Chair, I move we continue -- I got to make sure I have got my right numbers here. I move we continue Pollard Subdivision, project H-2019-0021, to the hearing date of April 18th for the purpose of receiving additional information from the applicant on several different items, one being the complete ACHD report after that hearing, so that we have more information about the roadways and how they come into the complex and how that will affect neighboring properties. Two, that we have some more time to understand possibly about fire department needs and abilities to service this project and, three, that we can get a little bit closer on some of the items that were highlighted in yellow on the applicant's response to the recommended conditions, specifically adjusting the site boundaries of the office building that's on the east side, the flex space layout and buffering, and what the open space and amenities would look like. Cassinelli: Second. Perreault: It has been moved and seconded to continue Pollard Subdivision, H-2019- 0021 to the data of April 18th, 2019. All those in favor say aye. None opposed. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Perreault: Can I get one more motion to adjourn? McCarvel: I move we adjourn. Cassinelli: Second. Sea: Second. Perreault: It has been moved and seconded to adjourn the public hearing of March 21st, 2019. All those in favor? Motion carries. MEETING ADJOURNED AT 8:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED oy 10� I zo SI RREAULT - CHAIRMAN DATE APPROVED ATTE C.JA"OL �a#CLERK 13y Crr 30) r"s on A6�-. c G4 . Planning & Zoning Commission Meeting April 4, 2019 Zoning Map Aerial Site Plan Revised Site Plan Changes to Agenda: Item #4B: Cable One OTN Building (H-2019-0026) – Applicant has withdrawn application due to conditions required to bring site into compliance. Item #4C: Three Corners Ranch (H-2019-0006) – Applicant requests continuance to revise plans per ACHD Commission hearing and decision. Item #4D: Gander Creek (H-2019-0013) – Applicant requests continuance to allow time to receive ACHD’s staff report. Item #4B: Real Life Church Ministries (H-2019-0004) - Continued from February 21st Application(s): Conditional Use Permit Size of property, existing zoning, and location: This site consists of 0.68 acres of land, zoned I-L, located at 1098 N. Hickory Ave. Adjacent Land Use & Zoning: North: Auction facility, zoned I-L South: Undeveloped land and office space, zoned I-L East: Offices, zoned I-L West: N. Hickory Ave and undeveloped land, zoned I-L History: Annexed in 1982 as part of Upland Industries; PP & FP for Treasure Valley Business Center in 1984; Gemtone Center CUP/PUD in 1991; CZC-07-034 for construction of Pleasant Valley Office Building Comprehensive Plan FLUM Designation: Industrial Summary of Request: Per recommendation from the Commission at the last hearing, the applicant has been working toward a permanent parking solution for the anticipated volume of the church and daycare. They are in the process of acquiring the parcel to the south of the subject site and have submitted a revised site plan with an additional 49 parking spaces. The applicant does not have any immediate plans for outdoor play space, as class times are about 3 hours at a time and will be focused to indoor space. A CUP is requested to use an existing 7,500 SF building as a church and daycare center as required in the I-L zoning district. This property is subject to a PD/CUP that allows for a mix of uses including industrial, commercial and residen tial. The applicant is requesting to operate a church with two Sunday services between 8 AM and 1 PM. Attendance at their current location is approximately 100 adults and 50 children, they plan to accommodate more parishioners at the proposed location. The daycare is proposed to accommodate a maximum of 54 students M-F, between the hours of 9:30 AM-3:30 PM. There are 31 parking spaces available on site, which exceeds UDC standards for the I-L zoning district. Due to the number of projected parishioners and daycare students, the director has approved an alternative compliance request to allow for parking standard alternatives. One of the proposed alternatives includes shared parking agreements with two properties to the north of the subject site, the applicant is currently in discussions to complete an agreement with a developed site to the south. The applicant has also worked with ACHD to allow for on-street parking along Hickory Ave. during weekend hours. Although the shared parking agreements provide the opportunity to accommodate parking needs for church related traffic on Sundays, staff is concerned that church and daycare members may park in unimproved areas out of convenience which could create code enforcement issues and a nuisance to surrounding properties. Since the church’s hours of use occurs on Sunday mornings, extra parking required for that use may not interfere with the parking needs of surrounding properties. If parking needs for the daycare can be staggered the impact on surrounding properties might be mitigated as well. However, a permanent solution to parking would be preferred since the shared parking agreements can be cancelled by either party at any time and are only applicable during weekend hours and on-site parking would be more readily available. Initially, staff was under the impression that the same entity would own the subject property as well as the property to the south, and so recommended the lot to the south be improved for additional parking. The applicant intends to purchase just the subject property from the owner whom currently owns both the property to the south and the subject property, so improving the south lot may not be an option for permanent parking. Written Testimony: Jim Boyd – Concerned with the amount of on-site parking provided for the proposed church use Formatted: Space After: 6 pt, Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Staff Recommendation: Approval with the conditions in the staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move approve File Number H-2019-0004, as presented in the staff report for the hearing date of April 4, 2019, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move deny File Number H-2019-0004, as presented during the hearing on April 4, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) E IDAN*-- IHO L PLANNING AND ZONING COMMISSION MEETING AGENDA April 4, 2019 Agenda Item Number: 4-A Project File Name/Number: H-2019-0004 Item Title: Public Hearing Continued from February 21, 2019 for Real Life Church (H-2019-0004) by Real Life Church, Located 1098 N. Hickory Ave. Meeting Notes: C✓ Arr ROVED I TEM SHEET C ouncil Agenda I tem - 4.A . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from F ebruary 21, 2019 for Real L ife Church (H-2019- 0004) by Real Life Church, L ocated 1098 N. Hickory Ave. 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 2/19/2019 Meridian City Council Meeting Agenda April 4, 2019 – Page 50 of 81 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 4/4/2019 Hearing Type: PZ Item Number: 4-A Project Name: Real Life Church Project No.: H-2019-0004 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=200 4/5/2019 Page 1 HEARING DATE: 2/21/2019 TO: Planning & Zoning Commission FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0004 Real Life Church LOCATION: 1098 N. Hickory Ave., in the NE ¼ of Section 8, Township 3N., Range 1E. I. PROJECT DESCRIPTION A conditional use permit for an approximately 7,500 square-foot church and ancillary daycare center on 0.68 acres of land in the I-L zoning district as required by UDC Table 11- 2C-2. The facility is already constructed, the applicant is proposing to use the facility as a church on Sundays and an ancillary daycare center for up to 54 children, six hours a day Monday-Friday. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 0.68 Future Land Use Designation Industrial Existing Land Use Multi-tenant office space Proposed Land Use(s) Church and ancillary daycare Current Zoning I-L Neighborhood meeting date; # of attendees: December 22, 2018; no attendees History (previous approvals) Annexed in 1982 (Upland Industries); PP & FP for Treasure Valley Business Center in 1984; Gemtone Center CUP/PUD in 1991; CZC-07-034 for construction of Pleasant Valley Office Building Meridian City Council Meeting Agenda April 4, 2019 – Page 51 of 81 Page 2 B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) Requires ACHD Commission Action (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via N. Hickory Ave (Collector) Fire Service Distance to Fire Station Fire Response Time Resource Reliability Risk Identification Accessibility Concern regarding parking, potential for drive aisles to be blocked if parking is at capacity. Special/resource needs Water Supply Other Resources Police Service No Comment West Ada School District Distance (elem, ms, hs) Capacity of Schools # of Students Enrolled Wastewater Distance to Sewer Services 0’ Sewer Shed Five Mile Estimated Project Sewer ERU’s See application WRRF Declining Balance 13.52 MGD Project Consistent with WW Master Plan/Facility Plan Yes Water Distance to Water Services 0’ Pressure Zone 3 Estimated Project Water ERU’s See application Water Quality Concerns No concerns Project Consistent with Water Master Plan Yes Impacts/Concerns No new water main proposed; no concerns Meridian City Council Meeting Agenda April 4, 2019 – Page 52 of 81 Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Justin Jordan, Real Life Church 35 E. Fairview Ave. Meridian, Idaho 83642 B. Owner: Pleasant Valley Limited Partnership PO Box 5405 Boise, Idaho 83705 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 4, 2019 – Page 53 of 81 Page 4 C. Representative: Jeremy Putnam, neUdesign Architecture 725 E. 2nd Street Meridian, Idaho 83642 IV. NOTICING Planning & Zoning Posting Date Newspaper Notification 2/1/2019 Radius notification mailed to properties within 300 feet 1/29/2019 Radius notification published on 2/8/2019 Nextdoor posting 1/29/2019 V. STAFF ANALYSIS The applicant requests a conditional use permit to operate a church and ancillary daycare center in the I-L zoning district as required by UDC Table 11-2C-2. A conditional use permit is required for a church or place of worship use, subject to specific use standards listed below. A daycare center is permitted as an ancillary use to a church use and is subject to specific use standards as listed below, daycare centers are also allowed as an accessory use in the I-L zoning district. This property is located within a subdivision that was annexed and zoned into the City as part of the Upland Industries project in 1982, a preliminary plat and final plat were approved in 1984. In 1991 the Gemtone Center conditional use permit (CUP) or planned development - general (PD-G) was approved; the agreement allows for a mix of uses and services, including residential, industrial and commercial. A. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): “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 ” (2.01.01C) The applicant’s proposed daycare use will be within walking distance to future multi- and single-family residential approved with the Pine 43 project. B. Existing Structures/Site Improvements: The applicant is proposing to use both suites within an existing multi-tenant office building. C. Proposed Use Analysis: The applicant proposes to operate the church use (Real Life Ministries) with two (2) services on Sunday mornings from 8 AM-1 PM. The daycare is proposed to accommodate a maximum of 54 students and will operate Monday-Friday from 9:30 AM-3:30 PM. The applicant presently holds services at their current location with an attendance of 100 adults and 50 children, they plan to accommodate more parishioners with 200 seats planned at the proposed location. D. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the specific use standards listed in: 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 Meridian City Council Meeting Agenda April 4, 2019 – Page 54 of 81 Page 5 church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) AND, UDC 11-4-3-9, Daycare Facility: A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. The applicant is proposing to care for a maximum of 54 children, classifying it 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. The applicant is proposing to use the existing drive aisle and parking lot for student drop-off and pick-up. There are 31 existing parking spaces on the site, which exceeds UDC requirements for the I-L zoning district (one [1] parking space per 2,000 square feet). However, staff believes that the applicant should provide additional parking on site to accommodate the number of vehicles associated with the projected enrollment. Further analysis in Section G below. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 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 coordinate with the Meridian Fire Department and the State of Idaho and Department of Health and Welfare on this requirement. 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. This requirement does not apply to the subject application. 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 requirement does not apply to the subject application. Although, the applicant did conduct a neighborhood meeting and notified property owners within three-hundred feet (300’) in accord with the requirements for the CUP request. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and to screen abutting properties. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall comply with this requirement. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall Meridian City Council Meeting Agenda April 4, 2019 – Page 55 of 81 Page 6 comply with this requirement. The proposed daycare will be located in a commercial and industrial area where there are no City parks, schools, or available public open space for children to recreate in. The only available area for children to play in is located at the east part of the site. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall comply with this requirement. C. Additional standards for family daycare facilities conducted as home occupation accessory uses: 1. In no way shall the family daycare emit lighting, noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in subsection 11-3D- 8B of this title. This requirement does not apply as the subject application is in an industrial district. 2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. (Ord. 18-1773, 4-24-2018) This requirement does not apply as the subject application is in an industrial district. E. Dimensional Standards (UDC 11-2): See UDC Table 11-2C-3 (Dimensional Standards in Industrial Districts) F. Parking (UDC 11-3C): Per UDC Table 11-3C-6B.2, a minimum of four (4) off-street parking spaces are required to be provided; a total of 31 spaces are proposed in excess of UDC requirements. The applicant has received approval from ACHD to allow for on-street parking along N. Hickory Ave during the weekends to accommodate Sunday morning services. Additionally, the applicant has applied for alternative compliance (analysis below) to utilize shared parking with three (3) properties in the vicinity of the subject property. Two (2) of the parking areas are located to the north at 1346 N. Hickory Ave. and 1450 N. Hickory Ave.; the third shared option is located to the south at 1020 N. Hickory Ave. (see Exhibit VII.B). All three (3) options are accompanied by agreements entered into by the property management representative and the applicant. The allotted time for shared parking is to accommodate church service parking on Sundays from 9 AM-12:30 PM. The shared parking arrangements and on-street parking along N. Hickory Ave. are not intended to be used for the ancillary daycare center throughout the week. Although the number of existing parking spaces exceeds UDC standards and the applicant has shared use agreements and on-street parking available on Sundays, staff recommends the applicant locate additional parking in closer proximity to the subject property. Staff believes that a permanent parking solution for the anticipated volume of parishioners and students be constructed as the shared use agreements can be cancelled at any time. The owner of the subject property also owns the undeveloped parcel to the south which is partially developed with a shared driveway (1070 N. Hickory Ave., parcel #R3073780700). Staff has concerns that patrons of the church could park in the unimproved area creating code enforcement issues for the church. Staff recommends that the applicant improve the parking lot in accord with UDC Table UDC 11-3C-5 and landscape the new parking area in accord with UDC 11-3B-8C. If this parking area is improved as recommended by staff, staff is amenable with the shared parking plan with the adjacent business owners. Meridian City Council Meeting Agenda April 4, 2019 – Page 56 of 81 Page 7 G. Alternative Compliance (ALT) (UDC 11-5B-5): The applicant has applied for Alternative Compliance as set forth in UDC 11-5B-5 to parking requirements (UDC 11-3C-6) regarding the number of parking spaces needed based on the anticipated attendance of the church and daycare. The subject site currently has a total of 31 spaces, which is in excess of the UDC requirements for I-L zoned properties (four [4] required). However, since the site is anticipated to accommodate two-hundred (200) parishioners on Sundays and approximately 50 students during the day throughout the week, additional parking spaces should be required. The applicant’s narrative projects that 80 adults and 40 kids, plus teachers and volunteers will attend the first Sunday service; 120 adults and 60 kids, plus teachers and volunteers are projected to attend the second Sunday service. The applicant anticipates that 60 vehicles will need parking for Sunday morning services. Shared parking agreements have been coordinated with two (2) properties to the north and one (1) property to the south (see Exhibit VII.B). Additionally, ACHD has approved on-street parking along N. Hickory Ave. on weekends. Each of the shared parking lot is an approximately 200-foot walk, which may cause some parishioners to be tempted to utilize the dirt lot that is currently located to the south of the subject site. The parking agreements are subject to the terms reached between the applicant and the property owners, are to be used during Sundays from 9 AM-12:30 PM, and can be terminated at any time. Although staff believes the alternative off-site parking and on-street parking are helpful options and could be utilized by those willing and able to walk, staff recommends improvements are made to the lot to the south to accommodate additional on-site parking as noted above. Staff has reviewed the Parking Standard Alternatives in UDC 11-3C-7 in determining the applicability of the alternative compliance request for the subject application. The shared use proposed complies with the requirements of UDC 11-3C-7A: there are convenient pedestrian connections between the shared parking arrangements with sidewalks available along N. Hickory Ave.; the properties are within 1,000’ of one another; the principal operating hours of operation and use are not in conflict with one another; and the applicant shall be required to provide directional signage to indicate the availability of parking. The applicant has complied with the requirements of UDC 11-3C-7B and has submitted each of the shared use parking arrangements. H. Access (UDC 11-3A-3): One (1) access is proposed via N. Hickory Ave. (collector). Staff is recommending the applicant expand the parking lot to the south, if this recommendation is approved, the applicant shall provide a cross-access/egress easement to the property to the south (1050 N. Hickory Ave). I. Sidewalks (UDC 11-3A-17): Five-foot sidewalks exist along N. Hickory Ave. There is not currently a pedestrian walkway leading from N. Hickory Ave. to the entrance of the building. If the applicant is permitted to utilize shared parking to the north and south of the subject site, staff recommends a pathway is constructed. 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. J. Landscaping (UDC 11-3B): Parking lot and perimeter landscaping was completed with the previous certificate of zoning compliance (CZC) for the construction of the Pleasant Valley Office Building (CZC-07-034). If parking is expanded to the south, as recommended by staff, parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C and in accord with Comprehensive Plan action item Meridian City Council Meeting Agenda April 4, 2019 – Page 57 of 81 Page 8 #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.” K. Fencing (UDC 11-3A-6, 11-3A-7): Fencing proposed on the site shall comply with the standards listed in UDC 11-3A-7 and UDC 11-3A-14. A detail of any proposed fencing shall be submitted with the CZC and DES application. If the applicant chooses to incorporate an outdoor play area for students, fencing shall be required in accord with UDC 11-4-3-9. L. Certificate of Zoning Compliance (CZC) and Design Review (DES) If approved, the applicant will be required to amend the current CZC approval to establish the use of a daycare center on the site to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. If the Commission requires improvements be made to the parking lot to the south, the applicant will also be required to submit an application for DES concurrent with the CZC application in accord with UDC 11-5B-8. M. Utilities (UDC 11-3A-21): This site is already serviced by City sanitary sewer, domestic water, refuse disposal, and irrigation; these services were provided to this property with development of the site. VI. DECISION A. Staff: 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 April 4, 2019 – Page 58 of 81 Page 9 VII. EXHIBITS A. Site Plan (date: 1/10/2019) Meridian City Council Meeting Agenda April 4, 2019 – Page 59 of 81 Page 10 B. Shared Parking Agreement Locations Subject Property Meridian City Council Meeting Agenda April 4, 2019 – Page 60 of 81 Page 11 VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions 1.1.1 The applicant shall comply with all conditions of previous approvals (Gemtone CUP/PD-G; CZC-07-034). 1.1.2 The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-6, Church or Place of Religious Worship and UDC 11-4-3-9, Daycare Facility. 1.1.3 The site plan, included in Exhibit VII.A, dated January 10, 2019 shall be revised as follows: a. Additional parking shall be constructed to the south of the subject property. Installation shall be in accord with the standards in UDC 11-3B-8 and UDC 11-3C-5. b. The applicant shall provide a cross-access/egress easement to the property to the south (1050 N. Hickory Ave). 1.1.4. The landscape plan included in Exhibit VII.B, dated December 2018, shall be revised as follows: a. Additional parking shall be constructed to the south of the subject property. Installation shall be in accord with the standards in UDC 11-3B-8 and UDC 11-3C-5. b. A detail of any fencing and/or outdoor playground equipment proposed shall be submitted with the CZC and DES application. 1.1.5 Development of this site shall substantially comply with the site plan and landscape plan included in Exhibit VII and the conditions of approval in this report. 1.1.6 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 prior to submittal of a building permit application. 1.1.7 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.1.8 The applicant shall have a maximum of two (2) years to commence the church and ancillary daycare uses 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. 1.1.9 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. 1.1.10 The applicant shall coordinate with the Meridian Building Division (208-887-2211) regarding any building permit requirements. 1.1.11 Alternative compliance is approved for the shared parking agreements. 1.1.12 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.13 All signage for the property is subject to the standards set forth in UDC 11-3D. Meridian City Council Meeting Agenda April 4, 2019 – Page 61 of 81 Page 12 2. PUBLIC WORKS DEPARTMENT No comments on the subject application as services are existing. 3. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/160624/Page1.aspx 4. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/161518/Page1.aspx 5. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/160818/Page1.aspx IX. FINDINGS CONDITIONAL USE PERMIT: The Commission shall base its determination on the conditional use permit request on the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the I-L zoning district and the specific use standards listed in UDC 11-4-3-9, Church or Place of Religious Worship and 11-4-3-9, Daycare Facility. 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 Industrial for this site; additionally, the Planned Development, General agreement specifically allows for industrial, commercial, and residential uses within this subdivision. 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 the general construction, operation and maintenance of the church and daycare facility should be compatible with the surrounding commercial and industrial uses in the vicinity. Staff feels that the applicant should provide adequate parking to prevent causing parking issues with other properties in the area. Staff finds that the proposed project will be compatible with the existing and intended character of the area and will not adversely change the character thereof. 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 the proposed development should not adversely affect other property in the vicinity if adequate on-site parking is provided and utilized by patrons of the church and clients of the daycare. If approved, conditions of approval are included in Exhibit VIII of this staff report to ensure the proposed use will not adversely affect other properties in the vicinity. Meridian City Council Meeting Agenda April 4, 2019 – Page 62 of 81 Page 13 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 sanitary sewer, domestic water, refuse disposal, and irrigation were provided to this property with development of the subdivision; services will be extended to the proposed building by the developer. Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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 that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. 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 the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance in this area. Alternative Compliance Findings: In order to grant approval for alternative compliance, the Director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence or application of the requirements is feasible; however, the applicant desires to utilize shared parking with properties in the vicinity of the subject property and has secured written authorization to do so. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance could provide an equal means for meeting the parking requirements if the applicant were to provide additional parking to the south in addition to the shared use agreements and on-street parking available on Sundays. If the applicant continues to work with ACHD, secures parking from adjacent property owners and improve the lot to the south, the applicant will be meeting the intent of UDC requirements. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare but could impair the use/character of the surrounding properties by eliminating on-street parking or causing patrons of the subject property to park in unimproved dirt lots or properties in closer proximity. Meridian City Council Meeting Agenda April 4, 2019 – Page 63 of 81 E IDAN*-- IHO IDI PLANNING AND ZONING COMMISSION MEETING AGENDA April 4, 2019 Agenda Item Number: 4-B Project File Name/Number: H-2019-0026 Item Title: Public Hearing for Cable One OTN Building at McMillan (H-2019-0026) by by Cable One, Inc, Located 2350 W. McMillan Rd. Meeting Notes: Are); cad, 0, wAarA01) vaCct+e From �e,-JA— I TEM SHEET C ouncil Agenda I tem - 4.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for C able O ne O T N B uilding at M cM illan (H-2019-0026) by by C able One, Inc, Located 2350 W. M cM illan Rd. Applicant Has Withdrawn Request C lic k Here for Applic ation Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 3/29/2019 Meridian City Council Meeting Agenda April 4, 2019 – Page 64 of 81 Page 1 HEARING DATE: 4/4/2019 TO: Planning & Zoning Commission FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0026 Cable One OTN Building at McMillan LOCATION: 2350 W. McMillan Rd., in the SE ¼ of Section 26, Township 4N. Range 1W. I. PROJECT DESCRIPTION A conditional use permit to construct an Optical Transport Network (OTN) building for high-speed internet and cable in the L-O zoning district as required by the development agreement for the site. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 5.11 Future Land Use Designation Office Existing Land Use 2 single-family residences, excavation company/contractor’s yard, accessory buildings Proposed Land Use(s) Optic Transport Network building for internet service Current Zoning L-O Neighborhood meeting date; # of attendees: February 20, 2018; 5 attendees History (previous approvals) AZ-03-013, DA Inst. No. 103181095; PP-03-014; CUP-03- 028 Meridian City Council Meeting Agenda April 4, 2019 – Page 65 of 81 Page 2 B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) No Requires ACHD Commission Action (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access exists via W. McMillan Rd. (arterial) Traffic Level of Service Stub Street/Interconnectivity/Cross Access Stub street located at northwest part of site to existing single- family residential subdivision (Fulfer Sub. No. 4) Existing Road Network Existing Arterial Sidewalks / Buffers No sidewalk or landscape buffer along W. McMillan Road (arterial); Staff is recommending the applicant install a 25- foot landscape buffer and 5-foot detached sidewalk Wastewater Distance to Sewer Services +/- 115 Ft. to west side of overall parcel Sewer Shed White Drain Trunkshed Estimated Project Sewer ERU’s See Application Info. WRRF Declining Balance 13.63 Project Consistent with WW Master Plan/Facility Plan Yes Impacts/Concerns Sanitary sewer will need to be extended east along the frontage of the overall parcel. Water Distance to Water Services 0 Ft. Pressure Zone 2 Estimated Project Water ERU’s See Application Info. Water Quality Concerns None Project Consistent with Water Master Plan Yes Impacts/Concerns None Meridian City Council Meeting Agenda April 4, 2019 – Page 66 of 81 Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Adam Ingram, Cable One, Inc. 2101 E. Karcher Rd. Nampa, ID 83687 B. Owner: Fulfer Kelly and Brenda Trust 2350 W. McMillan Rd. Meridian, ID 83646 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 4, 2019 – Page 67 of 81 Page 4 D. Representative: David Blodgett, Rudeen Architects 199 N. Capitol Blvd. Ste. 602 Boise, ID 83702 IV. NOTICING Planning & Zoning Posting Date Newspaper Notification 3/15/2019 Radius notification mailed to properties within 300 feet 3/12/2019 Radius notification published on 3/21/2019 Nextdoor posting 3/12/2019 V. STAFF ANALYSIS In 2003, this property was annexed and entered into a development agreement (AZ-03-013, DA Inst. No. 103181095) and was preliminary platted (PP-03-014) as part of the Kelly Creek Subdivision. The preliminary plat consisted of 214 residential lots, 10 office lots, 4 commercial lots and 15 common lots on 79.77 acres. The property also received Conditional Use Permit approval for a Planned Development (CUP 03-028) to allow for a 20% land use exception to allow office and commercial uses and to allow for variations to development standards at the time, including reduced lot size, reduced frontages, and to exceed block length requirements. A provision of the DA requires CUP approval prior to any development occurring on the site. The commercial and office portions of the development were conceptually approved with the original CUP and were shown as single lots for each proposed area. The conceptual layout allowed for 214 single family dwelling lots and was approved as submitted to the Council at their August 5, 2003 meeting with the understanding that the applicant would be required to provide a detailed plat for the office and commercial portions (see Exhibit VII.C). The subject site has not received any subsequent approvals since the original annexation, CUP and preliminary plat approval in 2003. The site has not redeveloped and is currently being used for single family residential and as a contractor’s yard for an excavating company, both of which are non- conforming uses in the L-O zoning district. The site has not been hooked up to City services and utilities as required in the recorded development agreement. Because this is the first development application on the property since its annexation in 2003, the property has not been improved with detached sidewalk or the required landscape buffers along W. McMillan Rd. The site currently accesses W. McMillan Rd. via one (1) approximately 60-foot drive aisle and via approximately 280- feet of unimproved road since curb, gutter and sidewalk do not currently exist. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Office. The purpose of areas designated as Office is to provide opportunities for low-impact business areas. These uses include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). The applicant is proposing to construct a pre-engineered building to house fiber optic equipment for high-speed internet to increase the connectivity and speed of services to residences and businesses in the area, consistent with the intent of the Office FLUM designation. Meridian City Council Meeting Agenda April 4, 2019 – Page 68 of 81 Page 5 B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): “Require the improving and maintaining of landscaping along public rights-of-way and landscaping of dedicated but unimproved rights-of-way strips.” (3.03.02P) “Pursue sidewalk construction for existing substandard streets.” (3.03.02D) “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F) C. Existing Structures/Site Improvements: The site currently has approximately eight (8) existing structures that were constructed in Ada County. The structures appear to be used as single-family residences, ancillary storage, and buildings associated with the excavation company on the site. There are also various trailers, trucks and vehicles associated with the commercial operation that access and are stored on the site. The current structures and use of the site appear to be a mix of single-family residences, a contractor’s yard, and outdoor storage. The single-family residences and contactor’s yard are non-conforming and prohibited uses in the L-O zoning district; outdoor storage is permitted in accord with the standards in UDC 11-3A-14. The non-conforming uses were developed before the property was annexed into the City and have been operating since the site has not redeveloped. However, in accord with UDC 11-1B-4, the non-conforming uses should cease to exist with the development of the proposed facility. The applicant may submit a CUP application if they wish to request to continue the non-conforming uses with the approval of the Planning and Zoning Commission. Additionally, the concept plan approved with the original CUP in 2003 differs from the current and proposed development of the site, if the applicant wishes to request the non- conforming uses remain, they need to amend the concept plan associated with the CUP (see exhibit VII.C). Staff recommends the applicant cease use of non-conforming structures and uses (i.e. the single-family residences and contractor’s yard) if the subject application is approved. D. Proposed Use Analysis: The applicant proposes to construct a fiber optical equipment building for the expansion of high- speed internet services to the surrounding area and adjacent neighborhoods. The applicant proposes to lease .023 acres (993 square feet) of the site from the property owner and plans to enclose the pre-engineered building with 6-foot vinyl privacy fence. This use is considered an information industry use and is subject to the specific use standards listed below. E. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the specific use standards listed in: UDC 11-4-3-24, Industry, Information: A. The following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation: 1. Noise, odor, or vibrations; or direct or reflected glare detectable by the human senses without the aid of instruments. The applicant is proposing to enclose all fiber optic equipment and support facilities in a pre-engineered building with six-foot fence to screen the building. There will be a generator located within the building that has been selected based on its quiet performance and compatibility with residential uses. There will not be any noticeable noise, odor, vibrations, or glare related to the proposed use. Meridian City Council Meeting Agenda April 4, 2019 – Page 69 of 81 Page 6 2. Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceed health and safety standards. The proposed building will not emit radiation or any other product that might endanger human health, damage vegetation or property. B. The application materials shall include written statement that the proposed facility meets any applicable federal, state, or local standards regarding such use, including, but not limited to, those of the U.S. environmental protection agency, the U.S. department of agriculture, Central district health department, Ada County air quality board and Idaho department of water resources. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). The applicant shall submit information regarding the specific use standards in the narrative for the CZC and DES application, if applicable. F. Dimensional Standards (UDC 11-2): Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the L-O zoning district. G. Access (UDC 11-3A-3, 11-3H-4): The site currently accesses W. McMillan Rd. via one (1) approximately 60-foot drive aisle and via approximately 280-feet of unimproved road without curb, gutter or sidewalk. A stub street at the northwestern corner of the site was included with the preliminary plat and was constructed with the Kelly Creek Subdivision. In accord with UDC 11-3A-3 and Comprehensive Plan Action Item #3.06.02D, access via an arterial road shall be limited. Kelly Creek Subdivision was platted and constructed with a stub street provided to the subject property with the intent to establish cross-access to alleviate access to McMillan. The concept plan approved with the original CUP depicts a single access point to the site via W. McMillan. Staff recommends the applicant be required to decrease the width of their existing access point to W. McMillan Rd. to 25-feet and establish cross-access via the stub street to the north. The proposed Cable One building shall be accessed via the stub street to the north of the site. All drive aisles within the site and to the stub street shall be improved with a dustless material including, but not limited to: asphalt, concrete, pavers or bricks. The approximately 280-feet of street frontage currently used as an access shall be improved with five-foot detached sidewalk and a 25-foot landscape buffer, an extra curb cut along this frontage shall not be permitted. H. Sidewalks (UDC 11-3A-17): Five-foot detached sidewalk is required along arterial roads in accord with UDC 11-3A-17 and Comprehensive Plan Action Item 3.03.02D, “Pursue sidewalk construction for existing substandard streets.” Staff recommends a five-foot wide detached sidewalk be installed adjacent to the approximately 650-foot frontage along W. McMillan Rd. in accord with the aforementioned standards. I. Landscaping (UDC 11-3B): Approximately 250-feet of the 650-feet street frontage along W. McMillan Rd. does contain vegetative groundcover. The applicant shall be required to install 25-feet of landscaping with five-foot detached sidewalk along W. McMillan Rd. in accord with UDC Table 11-2B-3 and Comprehensive Plan Action Items #3.03.02P and 3.06.02F. Landscaping shall be installed in accord with the standards in UDC 11-3B-7. The current L-O zoning designation and the commercial use of the site typically require that a landscape buffer be installed adjacent to residential uses. This site abuts ten (10) single-family residences within the Fulfer Subdivision to the south and three (3) single-family residences to the east. Staff recommends that a minimum 20-foot landscape buffer landscaped in accord with the Meridian City Council Meeting Agenda April 4, 2019 – Page 70 of 81 Page 7 standards in UDC 11-3B-9, a revision to the site/landscape plan shall be submitted with the CZC and DES application. J. Fencing (UDC 11-3A-7): The applicant is proposing to install a 6-foot vinyl fence for privacy and security of the proposed facility, in accord with UDC standards. K. Utilities (UDC 11-3A-21): A domestic water mainline intended to provide service to the overall parcel, currently exists in W. McMillan Road, and in the N. Lolo Pass Way stub street along the north boundary. Sanitary sewer will need to be extended in W. McMillan Road, from its current location at the intersection of N. Goddard Creek Way and W. McMillan Road, along the frontage of the overall parcel. L. Certificate of Zoning Compliance (CZC) and Design Review (DES) If approved, the applicant will be required to obtain CZC and DES approval to establish the use on the site and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. VI. DECISION A. Staff: The proposed project is conditioned to comply with the applicable development standards in the UDC and applicable policies within the Comprehensive Plan. Based on the aforementioned analysis, staff recommends approval of the subject CUP application with the conditions in Section VIII. Meridian City Council Meeting Agenda April 4, 2019 – Page 71 of 81 Page 8 VII. EXHIBITS A. Site Plan (date: 2/25/2019) Meridian City Council Meeting Agenda April 4, 2019 – Page 72 of 81 Page 9 B. Building Elevations and Renderings (date: 2/25/2019) Meridian City Council Meeting Agenda April 4, 2019 – Page 73 of 81 Page 10 C. CUP/PD-G Concept Plan Meridian City Council Meeting Agenda April 4, 2019 – Page 74 of 81 Page 11 VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING DIVISION 1.1 The applicant shall comply with all conditions of previous approvals (AZ-03-013, DA Inst. No. 103181095; PP-03-014; CUP-03-028). 1.2 The site plan, dated 2/25/19, included in Exhibit VII.A shall be revised as follows: a. Add five-foot detached sidewalk and curbing and 25-feet of landscaping adjacent to frontage along W. McMillan Rd. b. A minimum twenty-foot landscape buffer landscaped in accord with the standards in UDC 11-3B-9 adjacent to residential uses to the north and east. c. Access to the proposed building shall be via the northern stub street only. A single access point to W. McMillan Rd. is permitted per the approved concept plan with the original CUP. The existing access point shall be decreased in width to 25-feet. 1.3 The non-conforming uses (single-family residences and contractor’s yard) on the site shall cease should the subject application be approved, or the applicant shall submit a CUP application to request the non-conforming residential and contractor’s yard uses to continue. a. If a CUP is processed to allow the non-conforming uses (single-family residences and contractor’s yard) to remain on the property, the existing homes and any other existing structures shall be required to connect to City services and abandon existing well and/or septic per the recorded development agreement; and b. The driveway to the existing residential and accessory structures is required to be constructed with a dustless material including but not limited to asphalt, concrete, pavers, bricks, or recycled asphalt in accord with UDC 11-3C-5B. 1.4 The site plan submitted with this application is not approved, as it is not consistent with the conceptual plan approved with the original CUP (see exhibit VII.C). The applicant shall submit a CUP application to amend the concept plan as approved with the original CUP. 1.5 The applicant is required to submit a Certificate of Zoning Compliance application for approval of the proposed use and site layout from the Planning Division prior to submittal of a building permit application. 1.6 The applicant shall submit a Design Review application concurrent with the Certificate of Zoning Compliance application for approval of the site layout and building elevations. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. The future structure shall comply with commercial architectural design standards due to the type of use. Dimensional standards shall comply with UDC table 11-2B-3, limited office district (L-O). 1.7 The applicant shall comply with the Specific Use Standards for Industry, Information in UDC 11- 4-3-24. The applicant shall submit information regarding item B in the specific use standards as described in Section V.E above. 1.8 The applicant shall comply with the Outdoor Storage as an Accessory Use standards in UDC 11- 3A-14. 1.9 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.10 The Applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years Meridian City Council Meeting Agenda April 4, 2019 – Page 75 of 81 Page 12 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. 1.11 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. 1.12 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A domestic water mainline intended to provide service to the overall parcel, currently exists in W. McMillan Road, and in the N. Lolo Pass Way stub street along the north boundary. 2.1.2 Sanitary sewer will need to be extended in W. McMillan Road, from its current location at the intersection of N. Goddard Creek Way and W. McMillan Road, along the overall frontage of the overall parcel. 2.1.3 Sanitary sewer and water services for the overall parcel are or can be made available to the overall parcel, however no new connections are being proposed with this application. 2.1.2 A street light plan will need to be included in the building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 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. 2.2.4 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. Meridian City Council Meeting Agenda April 4, 2019 – Page 76 of 81 Page 13 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 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. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 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. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 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 April 4, 2019 – Page 77 of 81 Page 14 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 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. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns with this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/163862/Page1.aspx 6. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/163914/Page1.aspx 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. Staff finds that the subject property is large enough to accommodate the proposed cable OTN use and development regulations of the L-O district (see Analysis in Section V for more information). Meridian City Council Meeting Agenda April 4, 2019 – Page 78 of 81 Page 15 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 if the applicant complies with the conditions listed in this report, the proposed use will be consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of office 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 if the applicant complies with the conditions outlined in this report, 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 minimal 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. 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 April 4, 2019 – Page 79 of 81 E IDAN*-- IHO IDI PLANNING AND ZONING COMMISSION MEETING AGENDA April 4, 2019 Agenda Item Number: 4-C Project File Name/Number: H-2019-0006 Item Title: Public Hearing Continued from March 7, 2019 for Three Corners Ranch (H-2019-0006) by Sweet Land Development, Inc., Located at 1890 E. Dunwoody Ct. Meeting Notes: 4—o Pay I b, Z-0) P 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 M arch 7, 2019 for T hree Corners Ranch (H- 2019-0006) by S weet Land Development, Inc., L ocated at 1890 E. Dunwoody Ct. C lic k Here for Applic ation Materials The applicant has requested a continuance to a future hearing date Meridian City Council Meeting Agenda April 4, 2019 – Page 80 of 81 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 4/4/2019 Hearing Type: PZ Item Number: 4 Project Name: Three Corners Ranch Project No.: H-2019-0006 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=202 4/5/2019 IDIAN�-- WE, IDAHOO PLANNING AND ZONING COMMISSION MEETING AGENDA April 4, 2019 Agenda Item Number: 4-D Project File Name/Number: H-2019-0013 Item Title: Public Hearing for Gander Creek (H-2019- 0013) by Trilogy Development, Inc., Located at the SW corner of N. McDermott Rd. and W. McMillan Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 4.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Gander Creek (H-2019-0013) by Tr ilogy Development, Inc., L ocated at the S W corner of N. M cD ermott Rd. and W. M cM illan Rd. C lic k Here for Applic ation Materials Applicant is Requesting a Continuance to April 18, 2019 Meridian City Council Meeting Agenda April 4, 2019 – Page 81 of 81 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 4/4/2019 Hearing Type: PZ Item Number: 4-D Project Name: Gander Creek Project No.: H-2019-0013 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=196 4/5/2019