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2019-12-19
M ER I D I A N P L ANN I N G AND ZON I N G COMMI SSI ON M EETI N G A GENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho T hur sday, D ecember 19, 2019 at 6:00 P M 1. Roll-C all Attendance __X_Lis a Holland __X __And rew S eal __X__R honda M cC arvel _____Vacant 2. Adoption of Agenda – Adopted 3. Consent Agenda [Action Item] - _____R eid O ls en __X__Ryan F itzgerald - C hairp ers on ____Bill C assinelli A. Approve M inutes of D ecember 5, 2019 P lanning and Zoning Commission M eeting 4. Action I tems 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 will b e p resen ted b y th e a ssigned city plann er. F ollowin g S taff's report th e app licant has u p to 1 5 minutes to p resen t th eir applica tion . E a ch m emb er of th e public m ay p rovid e testimon y u p to 3 minutes or if they are rep resentin g a la rg er g roup, such a s a H om eown ers Association, they ma y b e allow ed 1 0 minutes. T h e applicant is then a llow ed 1 0 add itional minutes to resp on d to the public's comments. N o additional pub lic testimon y is ta ken once th e public h ea rin g is closed . A. P ublic Hearing for Shelburne South S ubdivision (H-2019-0106) by S helbur ne P roper ties, LLC , G ener ally L ocated on the Nor th Side O f E . Amity Rd., West of S. Clover dale Rd. Continued to January 16, 2020 1. R equest: A nnexation of 29.01 acres of land with an R -8 zoning district, and 2. R equest: A P reliminary P lat consisting of 99 building lots, 19 common area lots and 1 other lot on 27.9 acres of land in the R-8 zoning district. B. P ublic Hearing for O ff the F ield (H-2019-0112) by O ff the F ield, LLC , L ocated at 2204 E. L anark S t. – Approved 1. R equest: C onditional Use P ermit f or an indoor recreation f acility on 2 ac res of land in the I -L zoning district. C. P ublic Hearing for M agical M inds D aycar e (H-2019-0119) by Richard and K ar ena G ar dner, L ocated at 2571 E. Taor mina Dr. - Approved 1. Request: Conditional Use Permit for an in-home group daycare for 7 to 12 children on 0.28 of an acre of land in the R-8 zoning district. D. P ublic Hearing for B ach S torage (H-2019-0121) by B ach Homes, L ocated at 2480 N. E agle Rd. and 3280 E . River Valley S t. – Recommended Approval to City Council 1. R eque s t: A nnexation of 1 acre of land with a C -C zoning district, and; 2. R eques t: C onditional Use P ermit for a self-service storage f acility on 1.92 acres of land in the C -C zoning district. Meeting Adjourned at 7:12 p.m. All mater ials presented at public meetings bec ome pr operty of the City of Mer idian and are c onsider ed part of the rec ord of the meeting. Any one desiring accommodations for disabilities r elated to doc uments and/or the hearing ar e asked to c ontac t the C ity C ler k's Offic e at 208-888- 4433 or c itycler k@mer idiancity.org at least 48 hour s prior to the public meeting. Meridian Planning and Zoning Meeting December 19, 2019. Meeting of the Meridian Planning and Zoning Commission of December 19, 2019, was called to order at 6:00 p.m. by Commissioner Ryan Fitzgerald. Members Present: Commissioner Rhonda McCarvel, Commissioner Lisa Holland, Commissioner Ryan Fitzgerald, and Commissioner Andrew Seal. Members Absent: Commissioner Bill Cassinelli and Commissioner Reid Olsen. Others Present: Adrienne Weatherly, Andrea Pogue, Bill Parsons, and Dean Willis. Item 1: Roll-call Attendance __X___ Lisa Holland _______ Reid Olsen __X___ Andrew Seal ___X___ Ryan Fitzgerald __X___ Rhonda McCarvel _______ Bill Cassinelli ______ Vacant Fitzgerald: At this time I would like to call to order the regular scheduled meeting of the Meridian Planning and Zoning meeting for the date of December 19th, 2019 -- we are not 2020 yet. And let's start with roll call. Item 2: Adoption of Agenda Fitzgerald: Thank you, ma'am. First item on the agenda is the adoption of the agenda. We do have for those in the audience that are here or could be here for Shelburne South Subdivision, file number H-2019-0106. That was not posted properly this -- for this meeting, so that we are going to continue that meeting to January 16th. So, we will only be opening that application up for the continuation to the January 16th date. So, if you want to stay for that you can, but we are only going to do a continuance this evening. With that change, can I get a motion to adopt the agenda as amended. Holland: So moved. McCarvel: Second. Fitzgerald: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. Aye. Opposed same. Motion passes. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council Meeting Agenda January 2, 2020 – Page 4 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 2 of 29 Item 3: Consent Agenda [Action Item] A. Approve Minutes of December 5, 2019 Planning and Zoning Commission Meeting Fitzgerald: Next item on the agenda is the Consent Agenda. We have one item on the agenda, which is the approval of minutes for the December 5th, 2019, Planning and Zoning Commission meeting. And can I get a motion to approve the Consent Agenda? Seal: I move that we approve that Consent Agenda. Holland: Second. Fitzgerald: All those in favor say aye. Opposed same. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. Fitzgerald: At this time I will explain the public hearing process for this evening. We will open each item individually and, then, start with the staff report. The staff will report the findings regarding how the application adheres to our Comprehensive Plan and Uniform Development Code with the staff's recommendations. After the staff has made their presentation the applicant will have the opportunity come forward to present their case for approval of their application and respond to any staff comments. The applicant will have 15 minutes to present their application. After the applicant has done so we will open up the floor to public testimony. There is an iPad in the back. If you would like to be -- testify on one of these applications this evening, please, make sure you sign up. We will, obviously, ask you to come forward if you haven't signed up, but, please, so we can kind of keep track of who is on the list. Please sign up in the back. If there is any individual here that's speaking for a larger group -- I don't think we have any HOAs type applications tonight, but is anyone here representing an HOA? No? Okay. We will kind of skip that component of this. After the applicant and the public have had a chance to testify, we will ask the applicant to come back forward and close the discussion and, then, we will deliberate on the application and try to make a decision to move it forward to City Council or to recommend approval here in the body. Item 4: Action Items A. Public Hearing for Shelburne South Subdivision (H-2019-0106) by Shelburne Properties, LLC, Generally Located on the North Side Of E. Amity Rd., West of S. Cloverdale Rd. 1. Request: Annexation of 29.01 acres of land with an R-8 zoning district, and 2. Request: A Preliminary Plat consisting of 99 building lots, 19 common area lots and 1 other lot on 27.9 acres of land in the Meridian City Council Meeting Agenda January 2, 2020 – Page 5 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 3 of 29 R-8 zoning district. Fitzgerald: So, with that let's move on. If it's all good with the Commission we will -- we can take up 4-A, the Shelburne South Subdivision first and we will open that up and have it for continuance. So, I move forward with opening the public hearing on Shelburne South, file number H-2019-0106. Any comments before we move for a motion to continue this to January 16th? And everybody understands it was done -- it was not posted correctly, so we need to make sure the public is aware why the application is being continued to this date. McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: I move that we continue H-2019-0106 to January 16th, due to improper posting. Holland: Second. Fitzgerald: I have a motion and a second to continue file number H-2019-0106, Shelburne South. All those in favor say aye. Opposed same. Thank you very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. B. Public Hearing for Off the Field (H-2019-0112) by Off the Field, LLC, Located at 2204 E. Lanark St. 1. Request: Conditional Use Permit for an indoor recreation facility on 2 acres of land in the I -L zoning district Fitzgerald: With that let's move on to the next item on the agenda, which is the public hearing for Off The Field, located at 2204 East Lanark and it's H-2019-0112 and we will turn it to Bill for the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. First item on the agenda this evening is Off The Field conditional use permit. The site consists of two acres of land, currently zoned I-L and is located at 2204 East Lanark Street, north of -- which is north of Franklin Road and east of Locust Grove Road. You can see on the Comprehensive Plan designation or the map here in front of you that the property is designated industrial on the future land use map and that's why it's currently zoned I-L, which coincides with that designation. The applicant is here this evening to discuss a conditional use permit to operate an indoor recreational facility. I would mention to the Commission that started working with the applicant early spring of this year, because he was in violation with the city code. He was operating there illegally and so one of the requirements for him to come into compliance with city code and our building department is to first procure the CUP and, then, follow up the building department to get a certificate Meridian City Council Meeting Agenda January 2, 2020 – Page 6 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 4 of 29 of occupancy. So, the site was developed in 2013 with an office flex building, as you can see here on the right-hand side, and, then, here is an aerial, the frontage of the building, so you can see here as it's currently developed it does meet UDC standards for parking and site development. So, there are really no requirements this evening, except for in our staff report we did require the extension of a sidewalk along the frontage of Lanark Street. We reached out to ACHD and they have confirmed that a sidewalk could be required if the city wanted it, but if you look at the surrounding area it's primarily industrial in nature, so city staff is of the opinion we don't know if and when other sidewalk would come in on -- along the side of the roadways because of its industrial in nature as it's currently developed. Typically under the city code we get sidewalks on a piecemeal basis with development. We didn't get it when it was so divided in '77. We didn't get it when we developed in 2013. So, really, just staff posed a question in the staff report to leave it up to your purview if whether or not the change of use in a conditional use permit you want to see a sidewalk developed on this site. That is one of the requirements in the code. You can provide -- prescribe safeguards that are outside of the scope of the boundary. If you think there is a public safety concern for having pedestrians coming into this site that's something you need to take into consideration this evening. As I mentioned to you, it is industrial in nature and this is going from an industrial use to more of a commercial use. If you have looked at the hearing outline in front of you, you can see the applicant is proposing to do strength training there. So, he intends on having anywhere from 30 to 60 clients throughout the day and it is on an appointment basis only. Typically when we look at these uses we see how their hours of operations are compatible with the surrounding industrial uses and in this particular case it looks like the -- the applicant has stated in his application that they intend to operate between the hours of 6:00 a.m. and 7:30 p.m. Again it's on a case-by-case appointment only. He also intends to have three full-time employees and one part-time employee. So, other than the code enforcement issue and the requirement for the sidewalk -- or at least your purview for the requirement for the sidewalk, staff received written testimony from the applicant in agreement with the conditions of the staff report. Staff is recommending approval of this conditional use permit and I will conclude my presentation and stand for any questions you may have. Fitzgerald: Thank you, sir. Any questions for staff? Commissioner Holland. Holland: Mr. Chair. Bill, one quick question. On the feature use map, the parcel that's directly to the east of this, does it say that it's designated for civic? I don't know if you have any thoughts there. Parsons: Mr. Chairman, Members of the Commission -- yes, it does. It is civic. But the city also owns the lot that's directly to the east of this boundary, because we have a well lot there next to this piece of property. So, the city already has, quote, a civic use there. I'm not sure what the other intent for that civic use was and why we had that on the map and I'm not sure if it's part of the cleanup that we currently have with the Comprehensive Plan update, but -- I could look into that for you. But, yeah, I'm not sure the particular reason for that. Meridian City Council Meeting Agenda January 2, 2020 – Page 7 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 5 of 29 Holland: My main question for that was related to the sidewalk use, if that was going to develop out as a civic public use area, then, it might make more sense for the sidewalk, but if there is not another compatible use next to it -- Parsons: And certainly click on the ownership. Maybe the school district owns it. I'm not sure. I see some -- I know there is a school in the area that could facilitate some sidewalk in the future, bet let's go ahead and see what the ownership is and I will circle back with you if you want the applicant to come up. Holland: Perfect. Thanks, Bill. Fitzgerald: Any additional questions? Thank you. Would the applicant like to come forward? Thank you for being here. Please state your name and your address for the record, please, sir. Bateman: Taylor Bateman. 3659 East Wormwood Court, Boise, Idaho. Fitzgerald: Perfect. Thank you. Bateman: So, I'm in agreement with the staff report. I have been working with Bill a lot through this process and actually, yes, I own the company there and the building now as well. So, I'm doing everything I can to work with the city and so I'm in agreement with the staff report. I'm just here if anybody has any questions. Fitzgerald: Any questions for the applicant? Bateman: I think I actually -- Fitzgerald: No questions? No. Thank you very much. Bateman: Thank you. Fitzgerald: Bill, can you -- actually, would you stay real quick while Bill answers that question. Parsons: So, I have had a chance to pull that property up on GIS. It is owned by the school district next to this property. Bateman: Who we worked with a ton as well and -- Fitzgerald: Okay. Bateman: Yeah. McCarvel: Mr. Chair? Meridian City Council Meeting Agenda January 2, 2020 – Page 8 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 6 of 29 Fitzgerald: Commissioner McCarvel. McCarvel: I was going to save this for the comments, but while Bill was making his presentation I had kind of written a note that maybe we put in there that the sidewalk is required if either side of him puts one in in the future. Fitzgerald: That's -- I had the very similar thought what you are thinking. McCarvel: Okay. Fitzgerald: If there needs to be one -- when you look at that area and it's rolled curb everywhere -- McCarvel: Yeah. Fitzgerald: -- so we would kind of be out of sorts if we are adding a curb -- or a sidewalk to nowhere. Any additional thoughts? Thank you very much. We appreciate it. Bateman: Thank you. Fitzgerald: Madam Clerk, do we have any -- anyone in the audience who would like to testify on this application? Weatherly: Mr. Chair, no one signed up to testify tonight. Fitzgerald: Is there anyone in the audience that would like to testify? Going once. Going twice. Okay. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I move we close the public hearing for Off The Field, H-2019-0112. McCarvel: Second. Fitzgerald: I have a motion and a second to close the public hearing on Off The Field, H- 2019-0112. All those in favor say aye. Opposed same. MOTION CARRIED: FOUR AYES. TWO ABSENT. Fitzgerald: It is properly in front of you. What do you -- what say you? Seal: Mr. Chair, just for full disclosure -- Fitzgerald: Commissioner Seal. Meridian City Council Meeting Agenda January 2, 2020 – Page 9 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 7 of 29 Seal: -- my son does go to Off The Field, but I can be -- Fitzgerald: We appreciate that. Seal: -- impartial to this, so -- Fitzgerald: Good call. Thoughts? Commissioner McCarvel, I have the exact same thought you do. I think if -- at one point down the road if there was a school to be -- and there are industrial yards right now to the east, lay down areas and truck parking, if that was to become a school in the future I think we could talk about developing it at that time, but I don't think it's necessary now. Holland: Mr. Chair, I would agree I had the same thought, that if we were to require it we would put a condition that they would add the sidewalk if and when the property to the east of them developed. Because looking at the -- the map and the street view it doesn't look like it would be fitting to have a small section of sidewalk that doesn't connect to anything. McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: Yeah. I had originally thought, yeah, it's kind of -- I mean the building is there and it's beautiful and -- but I -- I know we are kind of in need of the industrial and the commercial -- the uses, but if there is a school next to it anyway, it's probably a nice buffer. Fitzgerald: And we greatly appreciate you coming in to getting it into code compliance. Thank you very much. Appreciate that. So, there is another -- other further comments, a motion is always an order. So, whenever -- Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I move we -- or after considering all staff, applicant, and public testimony, I move to approve file number H-2019-0112, as presented in the staff report for the hearing date of December 19th, 2019, with the modification that a sidewalk would be required if the property to the east of them develops in the future. Seal: Second. McCarvel: Or west. Holland: Either one. McCarvel: Or west. Yeah. Meridian City Council Meeting Agenda January 2, 2020 – Page 10 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 8 of 29 Holland: Sorry. Correction. East or west of them develops in the future with sidewalk. Seal: I second. Fitzgerald: Okay. I have a motion and a second to approve file number H-2019-0112, Off The Field. All those in favor say aye. Opposed same. Motion passes. Thank you. We appreciate it. Merry Christmas. MOTION CARRIED: FOUR AYES. TWO ABSENT. C. Public Hearing for Magical Minds Daycare (H-2019-0119) by Richard and Karena Gardner, Located at 2571 E. Taormina Dr . 1. Request: Conditional Use Permit for an in-home group daycare for 7 to 12 children on 0.28 of an acre of land in the R-8 zoning district. Fitzgerald: Next on the agenda is file number H-2019-0119, Magical Minds Daycare, and we will start with the staff report. Bill. Parsons: Thank you, Mr. Chairman, Members of the Commission. The next item is a conditional use permit for a group daycare. The site consists of 0.28 acres of land zoned R-8 and is located at 2571 Eastern Taormina Drive. The property is primarily surrounded by single -- single family residential properties, zoned R-8, and they are located within the Messina Meadows Subdivision. The applicant is requesting approval of a conditional use permit to, again, operate a group daycare for up to 12 children as allowed under the UDC. It is a preschool and they intend on having staggered class hours, so have some classes in the morning, some classes in the evening. Per the specific use standards they are subject to 8:00 a.m. to 8:00 p.m. and that is a condition of approval in the staff report. As you can see here in the photo, we wanted to have a parking plan and a safe area for drop off for parent pick up and -- parent pick up and drop off of children, which is a requirement of code. So, the applicant's actually provided a parking exhibit in the lower right-hand corner here. You can see there is adequate on-street drop off areas and, then, there is actually four concrete pads in front of the home and this parking does exceed UDC standards. So, they do meet the -- they do have the required parking in excess of code. Staff did receive written testimony from the applicant Richard Gardner in agreement with those conditions of approval, which, basically, comply with the specific -- the specific standards -- use standards of a daycare use. Staff is recommending approval with the stated conditions in the staff report and with that I will conclude my presentation and be happy to answer any questions you may have. Fitzgerald: Thanks, Bill. Any questions for staff? Seeing none -- oh, Commissioner Seal. No? Would the applicant like to come forward? Thank you for being here tonight. Gardner: Thank you. Richard Gardner here for Magical Minds and just -- don't have much to add. I -- Meridian City Council Meeting Agenda January 2, 2020 – Page 11 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 9 of 29 Fitzgerald: Can you give us your address. Gardner: 2571 Taormina Drive. Fitzgerald: Thank you very much, sir. Gardner: And not much to add, just staff has been great to work with. We worked with Kevin and Sonya and they got us to the right place. Fitzgerald: Any questions for the applicant? Commissioner Seal? Seal: Just a few questions. How -- how many people will be staffed? Gardner: Right now there is one teacher and that's Karena Gardner that lives there. Our plan is not to exceed that right now. Well, I guess if a parent volunteers that counts as an employee, so she does typically have a parent volunteer there sometimes would be the plan. Fitzgerald: Okay. Gardner: In the future if we were to want to do like a -- hire an employee, then, we would probably be replacing Karena, rather than -- we don't have room for more than one class at a time. So, it's only going to be one class. Seal: With the -- it looks like you want to do an a.m. class of seven to 12 children and, then, a p.m. class of seven to 12 children. Would there be any continuance of the morning class into the afternoon class or just a completely new set of kids? Gardner: No. Two separate classes. Seal: Yeah. Gardner: Yeah. Two separate groups. Seal: Okay. Fitzgerald: Additional questions? Thank you very much. We appreciate you being here. Gardner: Thank you. And I would mention Karena Gardner, the actual teacher, is in attendance. There is also a neighbor that -- that's here as well. I don't know if she's signed up to talk or -- Fitzgerald: Awesome. Thank you so much. Very much appreciate it. Madam Clerk, do we have anyone who wishes to testify? Meridian City Council Meeting Agenda January 2, 2020 – Page 12 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 10 of 29 Weatherly: Mr. Chair, three people signed up, two of which are the applicant and one I believe is the neighbor, but not to testify tonight. Fitzgerald: Ma'am, would you like to speak this evening? Anyone? We appreciate it. Please state your name and your address for the record, ma'am. C.Johnson: It's Cynda Johnson and it's 2357 East Taormina Drive. So, I'm just down the road from them. I'm not next door, just a few houses down. And there -- it's really hard to find preschools around there, honestly, and this preschool I have kids that will be able to go in a couple years and we could walk there, which is amazing to be able to find that and I really don't think -- like the parking is -- would be great. There wouldn't be any issues getting back and forth. So, that's all I have to add. Fitzgerald: Thank you very much. We appreciate it. It's always nice to have neighbors speaking happy, positive thoughts. Any additional thoughts? Comment? Anyone else that would like to testify on this application in the audience? Can I get a motion to close the public hearing? Oh. Would the applicant like to say any additional -- do you have any additional comments? Gardner: No. Thank you. Fitzgerald: Thank you, sir. Seal: Mr. Chair? Fitzgerald: Commissioner Seal. Seal: I move to close the public hearing for Magical Minds Daycare, H-2019-0119. Holland: Second. Fitzgerald: I have a motion and a second to close the public hearing on H-2019-0119. All those in favor say aye. Opposed same. Motion passes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Fitzgerald: Thoughts? Seal: Mr. Chair? Fitzgerald: Commissioner Seal. Seal: The only two concerns I have on the -- the property itself is the back is -- there is a -- essentially a canal that's back there. It's not right off the back of the property, but it is within eye shot. I think the -- that -- that's one concern I have. The other is it's just quite a ways away from a public park, so -- I mean if there is any outings, then, it wouldn't be Meridian City Council Meeting Agenda January 2, 2020 – Page 13 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 11 of 29 -- it's quite a hike for kids in the preschool age range to -- to get out there. So, it's not undoable and I know that there is some preschools that do, you know, pretty big hikes and take kids places, so -- but those are the only two concerns that I had on it. Everything else looks pretty good. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: Bill, do you have the landscape plan that was included in the packet of material? Because I think I remember seeing that when I was looking through stuff. Parsons: Mr. Chairman, Members of the Commission, I don't -- don't have the landscape plan, but I can tell you there is a multi-use pathway that runs along the back of this property, ten foot -- part of the city's pathway network and so as a requirement -- and I did the subdivision, I remember doing the -- the site inspection for the subdivision. There is a six foot tall wrought iron fence along the back and per the specific use standards for daycares, you have got to have a nonscalable fence, so that, essentially, does meet code, just like the six foot vinyl fencing that's along their side property line, too. So, hear the concerns, but per the UDC standards they have the required fencing per the code. They meet code. But if you are -- you want me to pull over the landscape plan I'm certainly happy to pull that up and show you what that looks like or pull it up on Google Maps and we can see what it looks like developed as well. Fitzgerald: I mean I -- I -- looking at the property, it appears that there is -- I mean it's a pretty big backyard and that -- that -- the pathway is right there right. So, I -- less concerned about that, but I understand bringing it to our attention. Appreciate that. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: Yeah. I have got some more thoughts after, you know, looking at kind of the aerial of the house, it looks like they have got a nice fenced backyard to still have some room for kids to play around if they need to have a break or get outside and there is a pathway there. I'm not too concerned with where it's located. I think overall seven to 12 kids is not -- not too excessive and there is certainly a need for more preschool type facilities in the valley. There is definitely a shortage for that. So, I would be supportive. McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: Yeah. I would be supportive of it as well. It seems like the square footage of the house and the lot -- just even the shape of it is conducive to allow a little elbow room. Meridian City Council Meeting Agenda January 2, 2020 – Page 14 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 12 of 29 Fitzgerald: And I'm -- I'm in agreement. I appreciate you bringing that to our attention. But I -- I think the best -- the pathway and the fencing around it would provide enough protection and we are not talking about a ton of kids, so -- Seal: Mr. Chair? Fitzgerald: Commissioner Seal. Seal: After considering all staff, applicant, and public testimony, I move to approve file number H-2019-0119, as presented in the staff report for the hearing date of December 19th, 2019. McCarvel: Second. Fitzgerald: I have a motion and a second to approve file number H-2019-0119, Magical Minds Daycare. All those in favor say aye. Opposed same. Motion passes. congratulations. Thank you. We appreciate you guys being here. Merry Christmas. MOTION CARRIED: FOUR AYES. TWO ABSENT. D. Public Hearing for Bach Storage (H-2019-0121) by Bach Homes, Located at 2480 N. Eagle Rd. and 3280 E . River Valley St . 1. Request: Annexation of 1 acre of land with a C-C zoning district, and; 2. Request: Conditional Use Permit for a self-service storage facility on 1.92 acres of land in the C -C zoning district. Fitzgerald: Okay. Last item on the agenda is file number H-2019-0121, Bach Storage, and let's start with the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. Next items before you is the Bach Storage annexation and conditional use permit application. The site consists of 1.92 acres of land between two parcels. One parcel is currently in Ada county, which is part of the annexation request and currently zoned RUT, and the other parcel is zoned C-C and both of them are located on the east side of North Eagle Road, just north of East River Valley Street at 2480 and 2500 North Eagle Road. North of this property we have the Great Wall of China Restaurant, zoned C-G. We have retail along the south zoned C-G. Eagle Road is bound on the west boundary of the site and, then, on the east is the Regency at River Valley apartment complex. So, one -- just some history on this particular property. The C-C zoned property was annexed in at the same time as the apartment complex in 2008. As part of that annexation there wasn't a development agreement for this particular site. The applicant is proposing -- has secured or in process of buying this property to the south and annexing it in and as part of the staff report we are recommending that they enter into a new development agreement consistent to what Meridian City Council Meeting Agenda January 2, 2020 – Page 15 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 13 of 29 we are discussing this evening for the storage facility. You can see on the future land use map that this property is mixed use regional on a future land use map and, therefore, that's the request for the C-C zone, which is consistent with that designation. So, the site has remained vacant for quite some time. We have worked with the applicant over the years trying to find an appropriate use for the site, given the access challenges for this property is probably the prime reason why it's still sitting vacant at this point. The other thing to mention to the Commission is sewer and water was also brought into that site across one of the C-C properties to serve the multi-family development. As part of their site plan this evening -- as one of their conditions they are going to have to relocate the existing water and sewer line as they have a building over an existing easement, so they are aware of that requirement to relinquish that, relocate the water and sewer mains into an appropriate location and reestablish new easements with the city. So, the applicant wants to annex in, again, a portion of this site and, then, they are requesting a conditional use permit for a storage facility, which consists of approximately 600 climate controlled storage units in a three story 100,000 square foot building. In the graphic that's at the north of -- or at the top of this slide before you we are looking at 25 traditional storage units and two separate single story buildings containing a total of 8,400 square feet to the north and south of the climate control building. So, essentially, here along the north boundary and the south boundary are some standalone buildings for additional storage. As I -- as I mentioned to you earlier, access to the site is challenging. Under the UDC when we have roads that front on state highways we try to get a parallel road -- road either through a backage road or through cross-access drives. The applicant -- if you had a chance to read the staff report and looking at this area here, with the development Great Wall China -- the Great Wall China Restaurant and, then, the retail on the south -- staff did require that they grant cross-access to these particular properties and so we are asking the applicant to reciprocate now that he's coming in for development. We mention to the Commission that the access to Great Wall was approved through a variance in 2007 or 2008, in that time frame, and it is meant to be an interim access. So, at some point in the future when this road -- it was always set up that if and when an access road or a backage road was constructed into East River Valley Street, their access would close. That variance would no longer be valid. If you had a chance to read the staff report, which I know you have, the developer of this northern vacant piece is working -- currently negotiating with ITD on another access to Eagle Road, which will hopefully facilitate the closure of the Great Wall access and, then, facilitate even greater access, greater backage road, linking all of this commercial frontage to a collector road. Also back along to North Records Avenue in the future with some apartments that are planned here. So, the full picture isn't before you this evening. Again, things are in the works. But right now the applicant is fulfilling his obligation and reciprocating -- will have to reciprocate cross- access to the north and the south and create that backage road, not only consistent with the UDC, but also consistent with the mixed use regional standards in the Comprehensive Plan. The other item that I wanted to bring up was secondary access to the facility. So, under the specific use standards for storage facilities, we require two ways in and out of those. One can be a primary access and one can be a secondary access. As I mentioned to you, there is -- this building currently sits over an existing sewer and water easement and it will have -- they will have to relocate it and locate it in the drive aisle. But they currently go into the apartment complex in this locate -- location here. Because this is Meridian City Council Meeting Agenda January 2, 2020 – Page 16 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 14 of 29 mixed use and mixed use uses are intended to be integrated with vehicular and pedestrian connectivity and given the amount of density that's planned for this area, one of the reasons why staff supports the self storage facility use is because we have a great amount of apartments coming online in this area. W e see that as a good amenity to what's occurring with the density and those apartment dwellers will be using this storage facility. What we don't want them to do is have them go all the way back out onto a collector road and, then, come up into this development to get to their storage unit. So, trying to be consistent with the mixed use standards. We are trying to get the applicant to lose some parking here and provide this as a pedestrian and an access -- vehicular access to allow residents here to utilize this backage road to either go to the restaurants, get up closer to some of those future retail uses that we -- that we know are going to happen on that northern larger piece and, then, Trader Joe's and everything there that's occurring. I know that the applicant -- that's probably his primary objection -- objection this evening is that requirement for that connectivity. They would like -- they don't want pedestrian connectivity or vehicular connectivity, they want to basically keep it as it is currently, keep it with parking and, then, fencing and landscaping. The code requires a 35 foot landscape buffer along Eagle Road, as it's an entryway corridor and typically when we have C-G zoning up against R-40 or residential zoning, we require a 25 foot wide landscape buffer between land use -- uses, but you can see here with the development of the apartment complex there was a 15 foot landscape buffer developed on that side and the plan before you this evening is depicting a ten foot buffer. So, in staff's opinion the combination of ten on this site, 15 on the other, with the addition of the carports and the garages along that boundary, we feel that that's an adequate buffer. As they move forward through the public hearing process and get to City Council, they will be seeking -- need a waiver from City Council to allow for that ten foot reduction. But certainly that's something within your purview this evening. If you support the reduction of that buffer, that's certainly a recommendation we can forward onto City Council for you this evening. You can see here that the style of the elevations have a mixture of stone and efface in different colors. Again, pretty consistent with the design manual. We will have to -- once -- if annexation is supported and approved and they execute their development agreement and get their annexation and conditional use approval -- approved by the city, then, they will have to come back to city staff with a revised plan meeting their conditions and go through the certificate of zoning compliance and design review process. So, as I mentioned to you in a -- a recommended condition for you this evening to take under consideration is the full access and connectivity into the apartment complex. As I mentioned to you, the applicant did respond to that in disagreement with that particular condition. Staff is recommending approval with the -- with a recommendation for DA with the annexation and per the conditions of the CU -- or per the conditions in the staff report for the conditional use permit. With that I will conclude my presentation and stand for any questions you may have. Fitzgerald: Bill, does this need to go through design review? The process? Parsons: Yeah. Fitzgerald: It does. Meridian City Council Meeting Agenda January 2, 2020 – Page 17 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 15 of 29 Parsons: Yeah. Mr. Chairman, Members of the Commission, yeah, this is -- the first thing they need to do is give approval of a use and, then, come back through staff level approval for the design review application. Fitzgerald: And this is all going into the DA, what they have provided us; correct? Parsons: That is accurate. Fitzgerald: Additional questions for staff? McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: Bill, did you say -- is the applicant in agreement with the cross-access to the north and south or that is just the connectivity to the apartments -- the pedestrian -- Parsons: My under -- yeah. I think they are fine with the north-south access. I think they want it to happen and they want the developer of that vacant property to get another access point for them, too. It's good for their business, as well as there is a bunch of apartments coming online on that property as well. It's just really tying into the existing apartments to the east and I think they are -- I think they had some valid points. I mean certainly you don't want to mingle -- we don't want cut-through traffic, but at the same time we don't want people going out from the apartments onto a collector road turning back into this development. So, it's a double edged sword. But either way the code requires that they have a secondary access into that -- into that facility. So, we want to make sure that we don't inhibit whether the Great Wall has their access and we want to make sure we get something to -- farther to the north for this -- this developer, but at this time, given that it's mixed use, the specific use standards call for it, we just -- we -- and the comprehensive plan supports interconnectivity. I mean staff's position is we need to -- we need to make that happen at this stage. Fitzgerald: And, Bill, looking at -- at the apartments to the east, the only access points are all out to River Valley Street and, then, is it to Records, out to the -- Parson: Yeah. Correct. If you look in the -- this southeast corner, you can see there is an access into -- to Records. I don't know -- Fitzgerald: If it's a true backage road going north-south to Trader Joe's, I mean you would think that that would be kind of a no brainer. Parsons: Yeah. Fitzgerald: But -- I guess I will wait to hear what the applicant has to say. Additional questions for staff? Would the applicant like to come forward? Sir, thank you for being here. Please state your name and your address for the record. Meridian City Council Meeting Agenda January 2, 2020 – Page 18 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 16 of 29 Mason: Thank you. Nick Mason with Bach Homes. 2237 Ramona, Salt Lake City, Utah. Appreciate staff. I know they are -- they are challenged -- a little under -- understaffed, but they -- they have done a good job and they have been good to work with over the -- over the last few years I have been working with them. I am -- I agree with the staff report, other than the access issues that we can talk about. I think -- there is a couple things. Vehicular and pedestrian access into the adjacent apartments -- I think it needs to be understood that the ownership of these storage units in this land is different than the apartments. Bach Homes will have some ownership in both, but we -- we are unable to force the owners of Regency to provide access. We have spoken with them and they are not in support of it. I think the vehicular accesses -- it was pretty obvious why not. We do have a horrible access issue, which is why we are here today trying to put storage units on the piece. I don't know if you can -- is there a mouse maybe? Can you see that? Okay. So, this is where the access will be. If a car is traveling this way, they have to turn down this road and there is a median here. So, they would have to come here and flip -- flip around, which is prohibited. There is a -- there is a no U-turn sign. So, in order for them to access they have to go to the -- the mid-block access on the other side of CenterCal, go -- go back onto Records, come in, take a left on River Valley and, then, into there. It's -- we have had this piece of property on the market for ten years -- since we have had it. Approximately. We have had it under contract -- maybe three to five times and it's all failed because of the access. Retail uses are really going to struggle there. I know that Mr. Sook, the Great Wall, is concerned of when his access gets closed that he will have a problem. Now, the -- the full plan of this road going back through -- and, then, all the way through Gosser up into the retail up here is -- is a great -- it's a great deal. We are happy with that. I think the -- the access issues come as a temporary -- as a temporary problem, but making this secondary access to -- is problematic for several reasons. Number one, I can't do it. I cannot force the owner of the apartments to do it. We could provide a sidewalk going up to their fence and hope -- and, then, we could talk to that ownership and see if they would do it. I have already had discussions and it's -- it's been a no. The problem is with that -- what I was getting at is with the access the way it is, the convenient way is to come down River Valley, it would be to cut through our apartments, come up here and use that access to -- to get into the Great Wall once this temporary access is closed and so we would be taking on public -- public wear and tear on the private roads in there and it's just -- I mean these are reasons why it shouldn't happen, but I mean it really is something that can't happen, because I don't have the ability to make it happen. The pedestrian access is an issue because of the concern of theft. I mean there has been some, it's not a -- we don't have a huge problem, but we are concerned that this would be an easy way to walk in and steal something and walk out. It's just a -- it's conducive to that. I do see -- you know, with talking to staff, their idea was that to connect these is a good idea, because these apartments can walk over to the storage units, but I think the fact is, though, when you are visiting a storage unit you are taking items there or back and -- just, for example, someone carrying a bed or something over there doesn't make sense. They are usually going to drive it over. Another thing is that these storage units -- you know, it says 600 approximately. It could be up to 800 once we design it, depending on the size of the units, it's going to be servicing people all around this area and so to concentrate on the access that the apartments has, I don't -- I don't think is really getting to the point of what -- what these storage units will serve. It's Meridian City Council Meeting Agenda January 2, 2020 – Page 19 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 17 of 29 a much bigger deal. And so I think with that -- another point is that in the Comprehensive Plan it goes through the different mixed use types. All the mixed use types do mention the -- the pedestrian connectivity. When you get to the mixed use regional, it says that it generally -- generally complies with the other mixed use, but it doesn't have an emphasis on that connectivity. I don't know what the intent was there, but it really does not look like it is a required thing. It also -- within the -- within the Comprehensive Plan. It has the language of -- this plan is not a set of standards or a means to enforce city code. Instead it indicates in a general way how the community should develop and I believe that with -- with our -- what abilities we have to provide vehicular and pedestrian connectivity, we are doing that by -- by connecting to the property to the north and south. I think that's -- that's pretty much all I have and the -- I would like to say that I understand that it needs to have a secondary access by code. I don't know exactly how we will do that, but I think that I would hope that we could have an approval subject to providing a secondary means of emergency access. It will be required of us, but to pinpoint where that is right now I just don't think we can do that. But we -- but when we come in with a site plan it will be indicated on that and, of course, approved by fire and police, who would be the emergency bodies that would like it and would approve it. Fitzgerald: Questions for the applicant? Mr. Mason -- so, I -- I mean with that backage road when it -- once it connects all the way up to Trader Joe's -- and I know that there is mixed ownership and I get that. But don't you think that would be a better place to put that to allow people to access north and south? I'm just -- just being -- I mean it seems like it would make sense to give them additional access, instead of having to go out to River Valley, they can cut over and go up, so they can go shopping. Mason: You're talking about on foot? Fitzgerald: I'm talking about driving, so -- Mason: Well, I mean they -- honestly, they would be driving a couple hundred feet down to -- to here. I mean -- and driving back. I don't -- I don't see it as a big deal. I think them being as close as they are to all this stuff is convenient enough. But, again, whether that will be best or not, I -- I can't make that decision and we can't force that on an existing project. Fitzgerald: And I -- I get the Comprehensive Plan is a -- is a framework, but we like to have interconnectivity, so I -- I get where staff is going on that. Mason: And I -- and I hope that you see that we are -- that some of that is happening. Maybe not to the fullest extent, but the fullest extent -- extent that I am able to agree to. Also that -- you know, the east part of this property, it's closer to go down Records Ave. than it is to go down the other way. So, for half the property and our phase two that's not shown on here, the logical way to access all that stuff is via Records Ave. Fitzgerald: Additional questions or comments of the applicant? McCarvel: Mr. Chair? Meridian City Council Meeting Agenda January 2, 2020 – Page 20 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 18 of 29 Fitzgerald: Commissioner McCarvel. McCarvel: Bill, what kind of -- how -- do we have the ability to -- is it in this -- another agreement to have -- that other property has to overlap cross-access or is he correct that -- Parsons: Are you referring to the apartment complex? McCarvel: Yeah. So -- Parsons: There is an agreement for that property to grant access to this piece. McCarvel: So, if he gives cross-access and they -- they are saying no, it's still cross- access to nowhere. Parsons: That's -- that's -- yes. That's a possibility. If we wanted an access there back in the day, we would have gotten it with the CUP when it went in. McCarvel: Right. Okay. Parsons: But I can certainly look through the record and look at the conditional use permit and verify that one hundred percent. But we would have required that to be stub'd and constructed at that time and what we have there is landscaping and parking. So, that's why it's -- and that's why we -- it's a slippery slope at this point, because we are trying -- again, it goes back to the earlier discussion we had with the conditional use permit. We can't require annexation for him to do that, but a conditional use permit you can require some of those safeguards if you feel it's -- it's necessary or deem it appropriate and that's one of the conditions of approval is that they provided a vehicular connectivity and pedestrian access. The option you have is what we don't have -- we said thou shall. You can certainly give him an out, saying continue to work with that property owner and make it happen and if they can't reach an agreement, then, it doesn't happen. You could make it a requirement that it's an emergency access only and they put a gate across there and still build it, but it just doesn't -- it's only used in an emergency purpose. At least pedestrians can still get in and out of there. Or you can leave it as is. As you mentioned, the Comprehensive Plan is a guide. It's -- it's not that code -- McCarvel: Yeah. Parsons: -- but in our -- in our minds is -- we know what's going to come online here. I don't necessarily disagree with the applicant. I don't know what type of U-hauls are going to be coming to and through this site. I almost feel like the Great Wall is going to catch the brunt -- a lot of the brunt of it if -- if it does happen, because you can have U-haul driving through a restaurant parking lot, which isn't always the best thing either, but we have what we have here at this point and so we are -- we are trying to make the best of a difficult situation. As I mentioned to you, this has sat vacant for quite some time and I have met with many different potential buyers of this property and I have talked with Nick Meridian City Council Meeting Agenda January 2, 2020 – Page 21 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 19 of 29 over the years and we have all scratched our head in how to make access work -- work. In a perfect world we should have pushed the apartments and had a road go through there and separated the two uses. We would have had the problem solved. We had a road -- public street built and everyone would have had access. But today all we can do is try to meet the intent of the code, follow the code. The code says reciprocate cross- access. So, north and south is definitely the most important, but we certainly want to honor and follow the Comprehensive Plan as a guide and at this point there is a recommendation from staff that says we want it to be an access for vehicle and pedestrian connections. So, that's why we put it in here -- Fitzgerald: But they can't proceed without secondary access -- Parsons: -- whether or not you would -- Fitzgerald: -- that's -- Parsons: Cannot proceed. Well, they are conditioned to provide it regardless. They have to find a way to do it and it -- Fitzgerald: They would really like it here. Parsons: It's interesting. The specific use standards require two access points, but the fire code allows one access up to a certain square footage. So, a developer for a storage facility -- I have done these -- last couple years as we have quite a few of them in our communities these days, but you can go up to 62,500 square feet under the fire code with a single access. So, more than likely if they can't work out a secondary access that's probably where they are going to get capped. It's halted at that point until they get it figured out. So, we need to get it figured out. Or, again, you have some latitude, too. So, food for thought. Any other discussion -- I'm happy to look into those conditions of approval real quick and, then, get back with you. McCarvel: Yeah. I appreciate that it's not code, but I know I drive around in other cities, not necessarily even here in Idaho, but you get stuck in somewhere and it's like if this was Meridian I would be able to get out somewhere. I have come to -- Fitzgerald: Yes. McCarvel: -- see that benefit greatly. Seal: Mr. Chair? Fitzgerald: Commissioner Seal. Seal: So, Bill, can -- along the lines of the -- the previous questions, is there anywhere in the apartment complex that it's kind of -- you know, specifically I'm kind of looking at that Meridian City Council Meeting Agenda January 2, 2020 – Page 22 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 20 of 29 north -- the north piece of that place. Is there something there that says, you know, this road will be extended in the future, something along those lines? Parsons: Mr. Chairman, Members of the Commission, no, not at this point. What we did is the developer of Bach -- Regency at River Valley, this is all developed now with their second phase and we got cross-connection through this and, then, they stubbed a driveway here. So, these apartments will funnel in through this development and, then, they run out to this location. So, we got cross-access here, but we did not get any other cross-access in this location. So, really there is only a cross-access in this area. Seal: Is there -- when the property to the north develops, would cross-access be, essentially, a cross-access be provided into what's already developed for the north to kind of tie it all in? I'm just trying to figure out how, you know, people are going to -- people will have the ability -- and, again, I mean we got a lot of apartments and, you know, dwellings like that going in. It would be nice if they didn't have to go out to Eagle or out to, you know, one of the other streets that would be able to get to this internally. I mean if I lived there I would want to. Parsons: Yeah. Mr. Chairman, Members of the Commission, there is a couple things to look at. One is the backage road requirement along state highways. That's a code requirement. That's 11.3.H4. We want backage roads or cross-access driveways and that's what the applicant's doing. Essentially Records Avenue does that as well. That was a requirement for that to be built to be paralleling the state highway to get traffic dispersed throughout there and what I can tell -- no, when this property to the north comes in we are not going to require additional cross-access through this development, except for what we have already required it, which is -- if you can see my cursor, it's in this general location. In discussion -- discussion with the developer of this vacant property, they are looking to put an access in this location and, then, there will be a drive aisle that ties into Great Wall somewhere in here and, then, there will be some additional retail buildings with the apartments. So, basically, the apartments are going to funnel out this way, come through Bach development potentially and, then, have access to this commercial -- access point to Eagle Road or also even cut through here. So, we are going to get all of that connectivity. Again, we have to be mindful that we don't force a lot of commercial traffic through a residential development. That's not the intent between mixed use. Really, the best thing we should have done was require a roadway. But at this point we have -- we are going to get cross-access with the commercial portion of the development and, then, we are going to get cross-access with the residential portion and try not to get them too much intertwined, but, hopefully, through site design they can figure a way to make the route circuitous so you can have -- don't have to wind through commercial parking lots to have a backage road. Hopefully people will be smart enough to say it's easier to go out on the collector road than go down through a commercial development to get through there. I don't see anyone driving this way to go out to River to get on Eagle Road, they are going to come out here and go that way -- go to the collector. But at this point we don't have all of those details yet and we don't -- we have a plan. There is -- there is an approval here on this portion, but they are not ready to develop anything yet and I -- and I know they want to come back and further refine that Meridian City Council Meeting Agenda January 2, 2020 – Page 23 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 21 of 29 plan and so have pre-app'd with them, we know what their intentions are, they are just not ready to submit yet. They are just trying to fine tune their plans with ITD on how that access looks. They have to get with the irrigation district and tile a portion of this waterway and figure out a culvert or a bridge, essentially, to go over that canal. So, there is a -- a lot of engineering that's going to have to happen and be involved in it, so there is a lot of moving parts here. So, for now the secondary access for this development will come through Great Wall, along here, and this area here for now. Fitzgerald: But we do have that enter -- that north-south connection through Great Wall. Parsons: Yeah. Yeah. That's what I -- in my presentation that's what I -- there is cross- access granted here and there has been cross-access granted here. So, they do have those easements in place. Fitzgerald: So, Nick, to the northwest corner -- what's in that northwest corner? I mean is that something you guys could access there? Mason: That's parking. I -- I don't think it's any different, though -- Fitzgerald: Okay. Masons: -- the concerns of the ownership. But it's going to -- I mean as he said on the -- on the north side of all this, it's going to connect -- because there is going to be connectivity through here. So, you're going to have it everywhere. I mean I don't think the Comprehensive Plan says you need it in a hundred percent of the locations. I think it's going to be adequate. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: One more follow-up question for Bill. So, if they provide the cross-access north and south from River Valley up towards the Chinese restaurant, they would lose the access at the Chinese restaurant off of Eagle once that road is constructed or they wouldn't lose that access off of Eagle Road to their Chinese restaurant until the northern property develops? Parsons; Yeah. Mr. Chairman, Members of the Commission, that -- that's my recommendation. Certainly the way the variance is structured it says when there is a backage road it needs to close. We don't want that to occur at this point. Holland: Huh-uh. Parsons: We don't want that access to close until we know what the Gossers are doing or at least the developer to the north is doing, because I think that's a win for every property along the frontage of Eagle Road is to allow that to remain until such time as we Meridian City Council Meeting Agenda January 2, 2020 – Page 24 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 22 of 29 get something from the north feeding into this, because it's just -- that -- that use will not be viable. Mason: Yeah. I think the Great Wall would probably fail if -- that people had to drive all the way around the block. Fitzgerald: Well, they wouldn't have secondary access in that situation or -- I mean they have primary access I guess, but they don't have any secondary access. So, you are actually providing them a secondary access with this more south. Mason: Their access -- like what Bill is saying, when I build that road behind there, their primary access gets shut and so -- Fitzgerald: Which wouldn't be a good thing, but -- yeah. No. I understand what you're saying. Mason: Yeah. It would be -- it would be bad for him. I mean we definitely would be in favor of keeping that temporary until the access gets connected to the north. I think that makes sense, but I know that's not what has been put in writing beforehand. McCarvel: Yeah. Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: I think with -- yeah. With that median coming in there on River Valley, it makes it real difficult for anything to get up into there. Fitzgerald: Yeah. Seal: Mr. Chair? Fitzgerald: Commissioner Seal. Seal: So, my --- just so I have a clear understanding of this. The access road that's coming up from the south, essentially, that's going to come up along the eastern edge of the property and, then, it will, essentially -- okay. Well -- and that was my question. Is it going to connect into the parking lot or is that going to be something that will -- okay. Masons: There is easements in place to -- to do that. Yeah. Seal: Right. And so I mean what I have heard is, essentially, when that's provided, then, the access coming off of Eagle Road into the Great Wall is going to be cut off. Mason: Yeah. It could be, but we like to keep it, then, that would be our secondary access that we need until the road from the north comes through. If that doesn't happen, Meridian City Council Meeting Agenda January 2, 2020 – Page 25 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 23 of 29 then, we are going to have to figure something else out or wait -- just wait until the Gossers develop and then -- then we will build. Fitzgerald: Does that make -- make sense? Seal: Yeah. It does. And I mean -- you know. Fitzgerald: The access off of Eagle is pretty key for the success of the restaurant, as well as you guys, so -- Seal: Yeah. And that was more or less what I was thinking is -- I mean, essentially, you are not going to want a lot of traffic coming through that parking lot anyway. I mean on one hand you get parking through the parking lot. The people are -- get hungry and so they might say, hey, while we are here we may as well eat. But, on the other hand, you have a lot of -- you know, a lot of traffic through a parking lot you don't necessarily want and if that access gets shut off, I agree, I think the Great Wall would not do well, so -- it would be something that you have -- you know, this great visibility off of Eagle Road and nobody would know how to get to it, so -- Mason: That's -- that's what we felt trying to sell the pieces -- like that's a great piece, but that was the problem. Seal: Who has control of -- sorry. Who has control of when that access gets cut off? Is that ACHD? Parsons: Mr. Chair, Members of the Commission, it's the city. We granted the variance. So, technically once that happens we could go in there and say, ITD, we want that access closed -- that property owner and tell them and, then, he wouldn't have his secondary access, which would have to come through the apartments or work with Gossers and make that happen. I mean it's a chicken and egg thing. We got to -- and certainly as Nick and the applicant goes to the hearing, I would certainly encourage this body to perform -- to make a recommendation to Council on how you want that access to be handled, because I -- as I mentioned to you, I prefer to see that open -- remain open in the interim term until such time as Gossers or that property to the north figures out additional access points. But that variance was very specific. So, it's -- Fitzgerald: Yeah. Parsons: But the Council has the ability to -- we have changed code a little bit since then. We don't require a variance anymore for access to state highways and so, really, it takes a Council waiver for that to remain open. So, I mean unless Legal has a different opinion on it, I think certainly -- and it would be nice to get something -- I can look in the record and see what ITD said about the access to see if they have made any mention on that being closed at this time or not, but certainly staff would support it remaining open until something to the north happens. Meridian City Council Meeting Agenda January 2, 2020 – Page 26 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 24 of 29 Fitzgerald: Andrea, do you have any comments to that? Pogue: Bill's -- Bill is correct. Fitzgerald: Okay. Thank you, ma'am. Commissioner Holland, go right ahead. Holland: Yeah. Mr. Chair. So, shifting gears just a second. My -- my question's actually about the height of the building. So, this is kind of one of those funny things. I appreciate the height and also at the same time I'm challenged by the height, because storage units -- I hate when it's just taking vast amounts of space and they spread out wide and they -- I appreciate that this is stacked, so that way you are maximizing the storage space, but minimizing the footprint. At the same time you have got four story apartments that are behind you. So, my question is what is the architectural look of what the building is going to look like for those four story apartments that are going to be facing it? Because they are going to lose the viewpoint that they have. They are going to be facing the building, but would just be curious if you have got some comments on that. Mason: We haven't. Typically renters don't -- don't have too big of a problem with stuff like that. If it was a single family residence that someone lived at, then, perhaps. But, no, we haven't -- we haven't heard anything there. But the -- the height of the building was definitely within code. Right? I haven't heard anything. Fitzgerald: Follow up? Additional questions? Thank you, sir. Very much. We appreciate it. Parsons: Mr. Chair, Members of the Commission, no -- no ITD comments on this application in the record. Fitzgerald: Thanks, Nick. We appreciate it very much. Madam Clerk, do we have anyone who would like to testify on this application? Weatherly: Mr. Chair, we have one person signed in, but not to testify. Fitzgerald: Ma'am, don't wish to testify? Okay. We appreciate it. Thank you very much. Nick, do you have anything else you want to close on? Mason: I'm glad to see someone's here for -- for Brian. I have met with him several times and as far as I understand that he actually bought that property and was not told about the temporary access and so when I went and talked to him about it, he -- it was a surprise to him. So, I would really hate to see that close and that's not just a ploy to -- for me to get my access, but for him, it really would be unfortunate for him. But I just -- I do want to reiterate that I don't have -- I don't even have the ability to make that a temporary access there. So, although I can try more -- a temporary maybe. But I would -- I would hope that we could just make it subject to obtaining a secondary access and to not make it specific to that area, because I just don't have the ability to do that and I don't think we can put conditions on them. That's it. Thank you. Meridian City Council Meeting Agenda January 2, 2020 – Page 27 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 25 of 29 Fitzgerald: Thank you very much. We appreciate it. Can I get a motion to close the public hearing, unless we have additional comments for staff? Commissioner Seal. Seal: I move that we close the public testimony for Bach Storage, file number H-2019- 0121. Holland: Second. Fitzgerald: I have a motion and a second to close the public hearing on H-2019-0121. All those in favor say aye. Opposed same. MOTION CARRIED: FOUR AYES. TWO ABSENT. Fitzgerald: Okay, team, what do we think? Thoughts? Seal: Mr. Chair? Fitzgerald: Commissioner Seal. Seal: As far as the secondary access, which seems to be kind of a sticking point to this at this point, I think since access is going to be provided through -- personally I think that I would -- I would rather recommend that -- to City Council that we keep that access through the Great Wall in order for -- to provide for better business access, as well as secondary access, because it's a -- it's a given, it's a known, it's something that everybody can win on, where if we try to make a recommendation that they work with the property owners to the east -- I mean they have already indicated to the applicant that they are not in favor of that and, you know, we want to make sure good neighbors still coexist. Personally I think access through there would be a good thing, considering the amount of apartments that are over there, but if it's something that's not going to be able to develop, the second best thing is what we know we can accomplish, which is going to be that access through the road on the east side up into the property to the north, without having to involve anything else, other than a recommendation to keep the access off of Eagle Road open. Fitzgerald: I think mine is yes and -- because I would like to see the north-south backage road get done before any access is cut off from Eagle. I would like to see if the applicant would be willing to work with the neighbor to the east, because I do think that connection is wise, both -- because I think the -- one of the biggest uses of this is going to be both -- in the apartment building. Especially the type of storage that it is. But I understand that the off-site's very challenging, especially when you get an absolute no, so -- yeah. How are you feeling about storage in that spot? Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Meridian City Council Meeting Agenda January 2, 2020 – Page 28 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 26 of 29 Holland: I will go back and just agree with your other comments, too, about access. I think it's critical to keep the access open at the Chinese restaurant, because it's going to -- I never want to see a business close because we have done something to their access. Secondly, I think we could, you know, encourage him to work with the apartments on finding an access point at some point, but I don't think we should require it, because I think that that's a -- for the same reasons he -- he explained to us, it's -- it's hard to make somebody create an access when they have got parking spots and landscaping and fences already up and around there. As far as storage goes, we have seen an awful lot of storage coming through and usually they are asking for conditional use permits. I like that they have maximized the height in this one, but at the same time it's also a challenge for me because of where it's located. It kind of hides the apartment complex behind it and it's a nice looking apartment complex. I have driven by it many times. So, I worry a little bit about the appeal of the apartment complex behind it, because it's going to be -- it's not going to be as visible anymore with the three story storage unit. I wish we could pick it up and move it to the backside of the apartment complex, instead of the frontage of Eagle Road, but I know that's not the application in front of us. It's -- it's on this -- this random little piece that's been hard for them to sell and develop. So, I understand their concerns and their challenges with it. If it goes forward I would want to make sure staff did a very thorough design review, because I know we don't have the ability to put input on a lot of those conversations, but making sure that the architectural appeal is there, because it's a road -- it's a big frontage component to Eagle Road and I would want to make sure there was some sort of architectural appeal on the backside of it facing the apartments, because even if they are renters and I was renting a unit there, I would be concerned about what the look of that would be out my window if I'm sitting on a patio and I'm staring at a big concrete wall. So, that's my comments. I would want to make sure that we had some pretty good design standards and layout there. McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: Yeah. I -- for all the reasons that we have talked about with the access and everything and how long that piece has been there and the difficulties, I'm okay with this type of storage. I think the indoor controlled is -- is kind of a different animal than -- Fitzgerald: Agreed. McCarvel: -- your regular -- pull your car up and unload your stuff in the garage door. But I would definitely agree with Commissioner Holland, strict -- maybe some strict design review to blend in with what else is around there. I know we get some of the storage units that want to go with their company colors and stuff and I think something that blends into what's already there is more appropriate and nothing against your company colors, but other than stark blue and white. We have seen some of those go up and they are kind of in your face and so definitely with it being on one of our primary beautiful frontage roads -- or not frontage road, maybe -- with what else is on that corner, I would like to see it blend in with what's there and I am always all for the cross-connectivity, because, like I Meridian City Council Meeting Agenda January 2, 2020 – Page 29 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 27 of 29 said, I have gotten stuck in places before and it's like -- this is why we have it. I don't know if we can make it so in the future if the other property ever did that, they would be required open it up, but it makes no sense to open it up if there is nothing to open it up to. Fitzgerald: Yeah. McCarvel: And I'm definitely strongly in favor of recommending that we keep the access off of Eagle open until the property to the north has that access opened up. Fitzgerald: That was easy, because I agree with everything you guys just said collectively. I -- I agree this has been a really tough spot. I'm sure it's been difficult for you guys where the access -- just trying to figure it out -- ever since they put the new median I'm sure it makes it that much more fun, so -- I know we have got a lot of storage that we have been doing. Maybe not in this area, so -- and this is a little more unique. This was -- like Commissioner McCarvel has said, this is a different animal completely. So, I'm good with all the recommendations. I think the way it's laid out -- I would like to see them work with the neighbors. I know that that's not easy for you guys, but something -- not a requirement, but an ask and I would like to not -- that -- that access can't go away. I think it doesn't make any sense -- until we definitely have clean access to our south and a full backage road up to Trader Joe's all the way back down to River Valley, so -- are you writing out a motion? Commissioner Seal. Seal: I will -- I will take -- I can take a stab at this. Fitzgerald: Awesome. Parsons: So, Mr. Chairman, Members -- Fitzgerald: Yes. Parsons: -- before I let you go -- proceed with your -- your motion, I had a chance to pull up the recorded subdivision for that property and there was no requirement for a cross- access easement on that -- along that boundary. Only the sewer and water -- water easement exist there. Holland: Mr. Chair? Fitzgerald: Thanks, Bill. Holland: One more question for Bill. Since this one's an annexation and zoning, as well as conditional use permit, do we have to have two separate motions or just recommend approval of the annexation and -- Fitzgerald: It's the full package deal with approval and recommendation. Parsons: And, then, Mr. Chair, Commissioners, I heard you talk about the aesthetics and design. You can certainly add those as recommendations, conditions of approval that Meridian City Council Meeting Agenda January 2, 2020 – Page 30 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 28 of 29 you want four sided architecture and that it blend in or complement the apartment complex. That's within your purview. Fitzgerald: Thank you, sir. Seal: Mr. Chair? Fitzgerald: Commissioner Seal. Seal: One of the thoughts I had on working to the -- working with the property owners to the east to provide that access is possibly a gated access. Is that something that's in our purview to -- I mean to me that might solve multiple problems where if that's provided, but it's a gated access, the gated access is provided only to the people that are in that apartment complex. That keeps the cut-through traffic down. I don't know. Kind of -- Holland: Mr. Chair? I -- I think if you were to propose that, we still have the issue of the Regency apartments making the determination if they want to rip up their landscaping to allow a gated -- it also takes away some of their parking stalls. So, I think you could make a recommendation that the applicant reach out to the Regency apartments to discover if there is any possibilities for a secondary access, but I think it would be tough for us to require it. Just my thought. Fitzgerald: Agreed. Are you ready? Commissioner, are you ready? Seal: We will see. After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number H-2019-0121 as presented in the staff report for the hearing date of December 19th, 2019, with the following modifications: One. That we recommend approval of the ten foot buffer on the east side of the property, that there is a strict design review to ensure good look and feel -- feel on all sides of the property to be consistent with the apartment complex that is on the east. That they work with the property owners to the east to provide -- or to possibly provide access -- secondary access and that we recommend that they keep access off of Eagle Road to the property to the north until an access road to the north is provided. McCarvel: Second. Did we get it all, Bill? Fitzgerald: I have a motion and a second. Bill, did that make -- so, we are not requiring that secondary access, but we are asking them to work with them. Is that -- McCarvel: Take one more shot at it. Fitzgerald: Yeah. Parsons: A secondary access only, from I what I heard you -- is that what you meant by emergency -- gated access or what's your intent there? Meridian City Council Meeting Agenda January 2, 2020 – Page 31 of 124 Meridian Planning & Zoning Commission December 19, 2019 Page 29 of 29 Fitzgerald: Just access. Parsons: Okay. Fitzgerald: Are we good with that motion and a second? Yes? All those -- I have a motion and a second to approve and recommend approval of H-2019-0121, Bach Storage. All those in favor say aye. Opposed same. Motion passes. Thanks. We appreciate it. Have a good -- Merry Christmas. MOTION CARRIED: FOUR AYES. TWO ABSENT. Fitzgerald: Have a great evening. McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: I move we adjourn. Holland: Second. Seal: Second. Fitzgerald: I have a motion to adjourn. All those in favor say aye. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 7:12 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED /r i �_ , ATTESA i By Ad�ienr"eatherly, Deputy Clerk a 1 2 120 a DATE APPROVED O� %FD AUGUST Q r pQ` �� G 2 City of IDAHO �Z� SEAL �/ EIDIAN,DAHO -- PLANNING AND ZONING MEETING AGENDA December 19, 2019 Agenda Item Number: 3 A Item Title: Approve Minutes of December 5, 2019 Planning and Zoning Commission Meeting Meeting Notes: Meridian Planning & Zoning Commission December 5, 2019 Page 43 of 43 Cassinelli: Oh, absolutely. Fitzgerald: Okay. Can I have a second? Seal: Second. Fitzgerald: Okay. I have a motion and a second to continue the application for H-2019- 0109, Edington Commons, until January 16th. All those in favor say aye. Opposed same. Motion passes. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing Continued from November 21, 2019 for Silverstone Apartments H-2019-0104) by Dave Evans Construction, Located at 4107 E. Overland Rd. Applicant withdrew application. Request: Modification to the Conditional Use Permit (H-2016- 0060) to increase the number of dwelling units in the multi- family development from 112 to 204, increase the acreage from 5.61 to 10 acres, and update the development plan for the site. Fitzgerald: Okay. I have one more motion. Cassinelli: Mr. Chair? Fitzgerald: Commissioner Cassinelli. Cassinelli: I move we adjourn. McCarvel: Second. Fitzgerald: I have a motion and a second to adjourn. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:59 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED FITZGE D -Xtt N G AIRMAN DATE APPROVED ATTEST: By Adrienne Werly, Deputy Clerk AUGUST: o� o � G�'00 i I TEM SHEET C ouncil Agenda I tem - 3.A . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of December 5, 2019 Planning and Zoning Commission M eeting AT TAC HM E NT S: Description Type Upload D ate Meeting Minutes Minutes 12/10/2019 Meridian City Council Meeting Agenda December 19, 2019 – Page 3 of 92 EIDIAN; DAHO PLANNING AND ZONING MEETING AGENDA December 19, 2019 Planning and Zoning Public Hearing Outline and Presentations Meeting Notes: Changes to Agenda: • Item #4A: Shelburne South (H-2019-0106) – Applicant requests continuance to Jan. 16th due to the site not being posted with a public hearing notice sign within the required timeframe prior to the hearing. Item #4B: Off the Field (H-2019-0112) Application(s): ➢ Conditional Use Permit Size of property, existing zoning, and location: This site consists of 2 acres of land, zoned I-L, located at 2204 E. Lanark Street, north of Franklin Rd. and east of Locust Grove Rd. Adjacent Land Use & Zoning: All of the properties surrounding this site are industrial in nature and zoned I-L. History: This site was developed in 2013. Comprehensive Plan FLUM Designation: Industrial Summary of Request: CUP for an indoor recreation facility on 2 acres of land in the I-L zoning district. The proposed use is an athletic performance company that specializes in strength conditioning for professional, collegiate and high school athletes. The hours of operation will be based on appointment, which could be 6:00 am to 7:30 pm; during the summer, closing time will be 4:00 pm. There are between 1 and 20 clients per session depending on the season. The number of clients per day varies on the season but can be anywhere from 30 to 60 throughout the day. They have 3 full time and 1 part-time employee. Although the proposed use is not industrial in nature, nor is it consistent with the purpose of the Industrial FLUM designation, the UDC does allow for such uses in the I-L district with a CUP. There are no changes proposed to the site. When this subdivision was developed in 1977 and the site developed in 2013, no sidewalks were installed along Lanark St. With a conditional use application, the decision making body may prescribe appropriate conditions in conformity with the UDC that require the provision of on-site or off-site public facilities or services. If the Commission is of the opinion a sidewalk is necessary for public safety in this location, a condition requiring such should be included. Note: Due to the type of use proposed on this site and the school (Meridian Academy High School) at the east end of Lanark Street it makes some sense to require a sidewalk; however, unless sidewalks are required on adjacent properties in the future, the sidewalk would not be continuous. Note: There is an open code enforcement case on this Applicant for operating this business illegally (i.e. without an approved CUP). In order to be in compliance, the Applicant must obtain approval of the subject CUP and obtain a Certificate of Occupancy from the Building Department for the proposed use. Written Testimony: Taylor Bateman, Applicant (in agreement w/staff report) Staff Recommendation: Approval w/conditions in staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0112, as presented in the staff report for the hearing date of December 19, 2019, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0112, as presented during the hearing on December 19, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0112 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #4C: Magical Minds Daycare (H-2019-0119) Application(s): ➢ Conditional Use Permit Size of property, existing zoning, and location: This site consists of 0.28 of an acre of land, zoned R-8, located at 2571 E. Taormina Drive. Adjacent Land Use & Zoning: This property is surrounded by single-family residential properties, zoned R-8. Comprehensive Plan FLUM Designation: LDR (3 or fewer units/acre) Summary of Request: Conditional use permit for an in-home group daycare for 7 to 12 children in the R-8 zoning district. The Applicant proposes to operate a pre-school which is classified as a daycare facility in the UDC. A morning & afternoon pre-school class is proposed to be held with 7-12 children each session during regular school hours; the maximum number of children at the facility at any one time will be 12. There are 4 off-street parking spaces in the driveway that are proposed to be utilized for safe pick-up and drop-off of children; there are 2 additional spaces available along the curb in front of the house if needed. The outdoor play area in the rear yard is enclosed with a 6- foot tall non-scalable fence as required; the side yard fence is solid vinyl to screen abutting properties and the rear fence is wrought iron. Written Testimony: Richard Gardner, Applicant (in agreement w/staff report); no public comments were received Staff Recommendation: Approval w/conditions in staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0119, as presented in the staff report for the hearing date of December 19, 2019, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0119, as presented during the hearing on December 19, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0119 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #4D: Bach Storage (H-2019-0121) Application(s): ➢ Annexation & Zoning ➢ Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.92 acres of land between 2 parcels, 1 parcel is zoned RUT in Ada County & the other parcel is zoned C-C; the site is located on the east side of N. Eagle Rd., just north of E. River Valley St. at 2480 & 2500 N. Eagle Rd. Adjacent Land Use & Zoning: North: Restaurant (Great Wall), zoned C-G South: Retail, zoned C-G West: N. Eagle Rd. and offices, zoned L-O East: Multi-family development (Regency at River Valley apartments), zoned R-40 History: The C-C zoned property was annexed in 2008 with the multi-family development to the east (Regency at River Valley); a DA was required as a provision of annexation. Comprehensive Plan FLUM Designation: MU-R (mixed use – regional) Summary of Request: The Applicant requests annexation of one (1) acre of land with a C-C zoning district consistent with the MU-R FLUM designation; and a Conditional Use Permit for a self-service storage facility on 1.92 acres of land in the C-C zoning district. A site plan was submitted that demonstrates how the site is proposed to develop with a self-service storage facility consisting of approximately 600 climate-controlled storage units in a 3-story 100,000 s.f. structure & 25 traditional storage units in two (2) separate single-story structures containing a total of 8,400 s.f. to the north & south of the climate-controlled building. A revised site & landscape plan was recently submitted that reflects removal of a pedestrian connection between the residential development to the east and this property. Access is proposed via a north/south backage road along the east boundary of the site for access via E. River Valley St., a collector street to the south. A cross-access easement is required to be provided to the properties to the north and south for access via the backage road to River Valley. A temporary access via Eagle Rd./SH-55 exists on the Great Wall property to the north that is required to be removed once access is available via River Valley St., which will occur with development of this site. A secondary emergency access is required with the proposed development per the specific use standards for the use; none is proposed. Staff recommends secondary access is provided through the adjacent multi-family development to the east which has access via N. Records Ave.; no other secondary access is available at this time. This access would require the removal of 3 parking spaces & extension of a driveway across the existing buffer. At some point in the future, access may be available via the backage road from the north once the property north of the Great Wall restaurant redevelops and a bridge is constructed over the Finch Lateral but at this time, no other access exists. Because this property is in a Mixed Use designated area and located adjacent to a major transportation corridor and arterial intersections, interconnectivity between uses and integration of uses is paramount. Therefore, Staff recommends as a condition of the CUP that a vehicular and pedestrian connection is provided between the apartment development to the east and the subject property under partially the same ownership (Greg Rindlisbacher, the Applicant/Owner, is the Registered Agent of RAMI LLC, Bach Homes and The Regency at River Valley LLC, although the Applicant states there is also another owner in the apartment development). This access will satisfy the requirement for secondary emergency access as well as provide a direct route to the commercial uses from the adjacent residential development without having to go around via the collector street (River Valley). A 35’ wide landscaped street buffer is required along Eagle Rd./SH-55 with a 10’ wide multi-use pathway & pedestrian lighting. A 25’ wide landscape buffer is required along the east boundary of this site as a buffer to the existing residential development. The Applicant requests Council approval of a reduced buffer width to 10’ as there is an existing 15’ wide buffer along this boundary on the residential property, which combined with the 10’ buffer will total 25’. A west side conceptual building perspective was submitted with this application which depicts building materials consisting of 2 different colors of EIFS with an accent color on the cornices, glazing, and metal canopies over the windows on the single-story structures. Final design is required to comply with the design standards in the ASM. Written Testimony: Nick Mason, Bach Homes, the Applicant’s Representative – (not in favor of the Staff recommended vehicular & pedestrian access between the adjacent residential development & the subject property) Staff Recommendation: Approval of the AZ with the requirement of a DA; and approval of the CUP with the conditions in the staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2019-0121, as presented in the staff report for the hearing date of December 19, 2019, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2019- 0121, as presented during the hearing on December 19, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0121 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Planning & Zoning Commission Meeting December 19, 2019 Zoning Map Future Land Use Map Aerial Map Zoning Map Future Land Use Map Aerial Map Zoning Map Future Land Use Map Aerial Map Landscape Plan Recommended Cross-Access Recommended Cross-Access �`E IDIAN*,-----IZ �J PLANNING AND ZONING MEETING AGENDA December 19, 2019 Agenda Item Number: 4 A Item Title: Public Hearing for Shelburne South Subdivision (H-2019-0106) By Shelburne Properties, LLC. Generally located on the N Side of E. Amity Rd and W of South Cloverdale Rd. 1 Request: Annexation of 29.01 acres of land with an R-8 zoning district 2. Request: A Preliminary Plat consisting of 99 building lots, 19 common lots and 1 other lot on 27.9 acres of land in the R-8 zoning district. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 4.A . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for S helburne South S ubdivision (H-2019-0106) by S helburne Properties, L L C , Generally L ocated on the North Side Of E. Amity Rd., West of S. C loverdale Rd. C lic k Here for Applic ation Materials Meridian City Council Meeting Agenda December 19, 2019 – Page 47 of 92 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/19/2019 Hearing Type: PZ Item Number: 4 - Project Name: Shelburne South Subdivision AZ, PP Project No.: H-2019-0106 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=359 12/20/2019 �jQ�E IDIZ IANC-- �J PLANNING AND ZONING MEETING AGENDA December 19, 2019 Agenda Item Number: 4 B Item Title: Public Hearing for Off The Field (H-2019-0112) By Off The Field LLC. Located at 2204 E. Lanark St. 1 Request: Conditional Use Permit for an indoor recreation facility on 2 acres of land in the I -L zoning district. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 4.B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for Off the F ield (H-2019-0112) by Off the F ield, L L C , L ocated at 2204 E . L anark St. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 12/13/2019 Meridian City Council Meeting Agenda December 19, 2019 – Page 48 of 92 12/31/2019 City of Meridian - Public Hearing Sign In Form Tools internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=391 1/1 Details and Signatures For Public Hearing Hearing Date: 12/19/2019 Hearing Type: PZ Item Number: 4-B Project Name: Off the Field CUP Project No.: H-2019-0112 Active: Signature Name Address HOA Name HOA Represent For Neutral Against I Wish To Testify Sign In Date/Time Taylor Bateman 3659 E Wormwood ct boise id 83716 X 12/19/2019 5:54:50 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 HEARING DATE: 12/19/2019 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0112 Off the Field LOCATION: 2204 E. Lanark St. (R5302770031) I. PROJECT DESCRIPTION Conditional Use Permit (CUP) for an indoor recreation facility on 2 acres of land in the I-L zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2 Future Land Use Designation Industrial Existing Land Use(s) Indoor entertainment/recreation facility (proposed use is already operating without CUP approval) Proposed Land Use(s) Indoor entertainment/recreation facility Neighborhood meeting date; # of attendees: 6/19/19; one (1) attendee History (previous approvals) B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) Yes Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) access via E. Lanark St., an industrial collector STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda December 19, 2019 – Page 49 of 92 Page 2 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Taylor Bateman, Off the Field, LLC – 2204 E. Lanark St., Meridian, ID 83642 B. Owner: Hollyvale Rental Holdings – 2320 Potosi St., Ste. 130, Las Vegas, NV 89146 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda December 19, 2019 – Page 50 of 92 Page 3 C. Representative: Andrew Davis, BRS Architects – 1010 S. Allante Pl., Ste. 100, Boise, ID 83709 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published 11/29/2019 Radius notification mailed to property owners within 300 feet 11/26/2019 Public hearing notice sign posted on site 12/9/2019 Nextdoor posting 11/26/2019 V. STAFF ANALYSIS A. Future Land Use Map (FLUM) Designation (https://www.meridiancity.org/compplan) General Industrial – The purpose of the General Industrial designation is to allow a range of industrial uses to support industrial and commercial activities and to develop areas with sufficient urban services. Light industrial uses may include warehouse, storage units, light manufacturing, and incidental retail and office uses. Heavy industrial uses may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, landscaping, and adequate access should be provided. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) There is existing street buffer and parking lot landscaping on this site. “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to this property for fire protection. C. Existing Structures/Site Improvements: There is an existing 11,268 square foot structure and site improvements on the subject property that were constructed in 2013 (CZC-13-036; DES-13-036, Performance Systems, Inc.). D. Proposed Use Analysis: The proposed use is an athletic performance company that specializes in strength conditioning for professional, collegiate and high school athletes and is classified as in indoor recreation facility in UDC Table 11-2C-2. From information provided by the Applicant, the hours of operation will be based on appointment, which could be 6:00 am to 7:30 pm; during the summer, closing time will be 4:00 pm. There are between 1 and 20 clients per session depending on the season. The number of clients per day varies on the season but can be anywhere from 30 to 60 throughout the day. They have 3 full time and 1 part-time employee. Although the proposed use is not industrial in nature, nor is it consistent with the purpose of the Industrial FLUM designation, the UDC does allow for such uses in the I-L district with a CUP. Meridian City Council Meeting Agenda December 19, 2019 – Page 51 of 92 Page 4 Note: There is an open code enforcement case on this Applicant for operating this business illegally (i.e. without an approved CUP). In order to be in compliance, the Applicant must obtain approval of the subject CUP and obtain a Certificate of Occupancy from the Building Department for the proposed use. E. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the specific use standards listed in UDC 11-4-3-2: Arts, Entertainment or Recreation Facility, as follows: A. General Standards: 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. Not Applicable 2. No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. Not Applicable 3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title. Not Applicable B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely enclosed within a six foot (6') non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this code. Not Applicable C. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet (1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. Not Applicable F. Dimensional Standards (UDC 11-2): Not Applicable G. Access (UDC 11-3A-3, 11-3H-4): Once (1) access is proposed via E. Lanark Street, an industrial collector street. H. Parking (UDC 11-3C): Off-street parking exists on the site in accord with the standards listed in UDC 11-3C-6B.2. In Industrial districts, the requirement is one (1) space for every 2,000 square feet of gross floor area. Based on the square footage of the structure (i.e. 11,268), a minimum of 6 spaces are required. Seventeen (17) off-street parking spaces exist on the site to serve the proposed use; there are additional spaces for overflow parking along the east side of the building. I. Sidewalks (UDC 11-3A-17): Sidewalks are required by the UDC (11-3A-17) along all public streets; detached sidewalks are required along collector streets. There are no sidewalks along either side of E. Lanark St. in this location. Sidewalks were not constructed with this development in 1977 when the subdivision (i.e. Locust Grove Industrial Park) was developed; and not required to be installed in 2013 when this site was developed. With a conditional use application, the decision making body may prescribe appropriate conditions, bonds and safeguards in conformity with the UDC that require the provision of on-site or off-site public facilities or services and/or more restrictive standards than those generally required in the UDC. If the Commission is of the opinion a sidewalk is necessary for public safety in this location, a condition Meridian City Council Meeting Agenda December 19, 2019 – Page 52 of 92 Page 5 requiring such should be included in Section VIII of this report. Note: Due to the type of use proposed on this site and the school (Meridian Academy High School) at the east end of Lanark Street it makes some sense to require a sidewalk; however, unless sidewalks are required on adjacent properties in the future, the sidewalk would not be continuous. J. Parkways (UDC 11-3A-17): There are no parkways. K. Landscaping (UDC 11-3B): There is existing street buffer and parking lot landscaping on this site that was constructed in 2013 that appears to comply with current UDC standards. Because no development, additions to the existing building or site modifications are proposed, no new landscaping is required. L. Waterways (UDC 11-3A-6): The Gruber Lateral runs along the northern boundary of this site. M. Fencing (UDC 11-3A-6, 11-3A-7): No changes are proposed to the existing fencing. N. Utilities (UDC 11-3A-21): City water and sewer service is provided to this site. O. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): A photo of the existing structure is included in Section VII.C; no changes are proposed to the structure. VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions in Section VIII per the Findings in Section IX. Meridian City Council Meeting Agenda December 19, 2019 – Page 53 of 92 Page 6 VII. EXHIBITS A. Site Plan & Floor Plan Meridian City Council Meeting Agenda December 19, 2019 – Page 54 of 92 Page 7 Meridian City Council Meeting Agenda December 19, 2019 – Page 55 of 92 Page 8 B. Landscape Plan (date: 10/31/2013) Previously approved with CZC-13-036 C. Photo of Existing Building/Site Meridian City Council Meeting Agenda December 19, 2019 – Page 56 of 92 Page 9 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning 1. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-2 Arts, Entertainment or Recreation Facility, Indoors and Outdoors. 2. The Applicant shall obtain a Certificate of Occupancy from the Building Department within 30 days of approval of the conditional use permit for the subject use. B. Ada County Highway District (ACHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=179758 C. Department of Environmental Quality http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=180073 IX. FINDINGS A. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the site is large enough to accommodate the proposed use and meets all the dimensional and development regulations of the I-L zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed use is harmonious with the Comprehensive Plan (see Section V for more information). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the operation of the proposed indoor recreation facility should be compatible with other uses in the vicinity and the intended character of the area and not adversely affect such. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. If the proposed use complies with the condition of approval in Section VII as required, Staff finds the proposed use should not adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Because the site is within the City’s Area of City Impact boundary and has been annexed into the City and these services are already being provided to the existing building, Staff finds the proposed use will be served adequately by these services continuing to be provided. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use should not create any additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Meridian City Council Meeting Agenda December 19, 2019 – Page 57 of 92 Page 10 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff finds the proposed use will not be detrimental to any persons or property or affect the general welfare by any of the means listed as the proposed use is actually less intense than many uses located in this area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any natural, scenic or historic features of major importance in this area; however, finds the proposed use should not result in damage of any such features. Meridian City Council Meeting Agenda December 19, 2019 – Page 58 of 92 (�S IDIZ IAN? - PLANNING AND ZONING MEETING AGENDA December 19, 2019 Agenda Item Number: 4 C Item Title: Public Hearing for Magical Minds Daycare (H-2019-0119) By Richard and Karena Gardner. Located at 2571 E. Taormina Dr. 1 Request: Conditional Use Permit for an in-home daycare for 7-12 children on 0.28 of an acre of land in the R-8 zoning district. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 4.C. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for M agical M inds Daycare (H-2019-0119) by Richard and K arena Gardner, L ocated at 2571 E . Taormina D r. 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 12/13/2019 Meridian City Council Meeting Agenda December 19, 2019 – Page 59 of 92 12/31/2019 City of Meridian - Public Hearing Sign In Form Tools internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=396 1/1 Details and Signatures For Public Hearing Hearing Date: 12/19/2019 Hearing Type: PZ Item Number: 4-C Project Name: Magical Minds Daycare Project No.: H-2019-0119 Active: Signature Name Address HOA Name HOA Represent For Neutral Against I Wish To Testify Sign In Date/Time Richard Gardner 2571 E Taormina Dr X X 12/19/2019 5:54:09 PM Cynda johnson 2357 e taormina drive X 12/19/2019 5:59:04 PM Karena Gardner 2571 E Taormina Dr Sentry Management X 12/19/2019 6:01:37 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 HEARING DATE: 12/19/2019 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0119 Magical Minds Daycare LOCATION: 2571 E. Taormina Dr. I. PROJECT DESCRIPTION Conditional use permit for an in-home group daycare for 7 to 12 children on 0.28 of an acre of land in the R-8 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.28 Future Land Use Designation LDR Existing Land Use(s) SFR home Proposed Land Use(s) SFR home with group daycare Neighborhood meeting date; # of attendees: 8/26/2019; 19 attendees History (previous approvals) None B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) No Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One access via E. Taormina Dr., local street STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda December 19, 2019 – Page 60 of 92 Page 2 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Owner: Richard & Karena Gardner – 2571 E. Taormina Dr., Meridian, ID 83642 B. Representative: Same as Applicant/Owner Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda December 19, 2019 – Page 61 of 92 Page 3 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published 11/29/2019 Radius notification mailed to property owners within 300 feet 11/26/2019 Public hearing notice sign posted on site 12/9/2019 Nextdoor posting 11/26/2019 V. STAFF ANALYSIS A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) LDR (Low Density Residential) – The purpose of the LDR designation is to allow for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. B. 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 distance of residential dwellings.” (2.01.01C) The proposed daycare will be within walking distance of adjacent residential homes. C. Existing Structures/Site Improvements: There is an existing home and associated improvements on this property. D. Proposed Use Analysis: A group daycare (for 7-12 children) is listed in UDC Table 11-2A-2 as a conditional use in the R- 8 zoning district. (Note: The Applicant proposes to operate a pre-school, which is classified in the UDC as a daycare.) See narrative included in the application for more specific details on the proposed use. E. Specific Use Standards (UDC 11-4-3): The specific use standards listed in UDC 11-4-3-9, Daycare Facility, applicable to the proposed use are as follows: 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’s narrative states the plan is to hold a morning and afternoon class of 7-12 children each. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. There are 4 off-street parking spaces in the driveway (parking pad) that are not utilized by the Applicant where clients may park and drop off and pick up children; 2 additional spaces are available along the curb in front of the house if needed. Meridian City Council Meeting Agenda December 19, 2019 – Page 62 of 92 Page 4 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. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. The Applicant proposes to operate the daycare/pre-school during school hours and have a morning and afternoon class; hours of operation won’t exceed those stated. 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. A neighborhood meeting was held for this application. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') non- scalable fences to secure against exit/entry by small children and to screen abutting properties. There is a 6’ tall wrought iron fence along the rear yard adjacent to the Ten Mile Creek and 6’ tall vinyl fence along the sides of the rear yard to screen abutting properties in accord with this standard. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. There is no play equipment in the front yard; play equipment should not be placed in the rear and side required yards (i.e. building setback areas along property lines). 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. F. Dimensional Standards (UDC 11-2): Not Applicable G. Access (UDC 11-3A-3, 11-3H-4): Access is provided via E. Taormina Drive, a local street. H. Parking (UDC 11-3C): Parking exists on the site in accord with the standards listed in UDC Table 11-3C-6 for a 5- bedroom single-family dwelling. A total of 3 garage spaces and a parking pad outside the garage that can accommodate 4 spaces exists on the site. The Applicant/Owner states they only use the garage spaces for their personal vehicles; therefore, 4 off-street parking spaces will be available for client parking. On-street parking is also available (see exhibit in Section VII.A). Meridian City Council Meeting Agenda December 19, 2019 – Page 63 of 92 Page 5 I. Waterways (UDC 11-3A-6): The Ten Mile Creek and a multi-use pathway exists off-site along the rear yard of the subject property. J. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): A photo of the existing home on this property is included in Section VIII.C; no additions are proposed with this application. VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions in Section VIII per the Findings in Section IX. Meridian City Council Meeting Agenda December 19, 2019 – Page 64 of 92 Page 6 VII. EXHIBITS A. Site Plan (dated: 8/9/2019), Floor Plan & Parking Exhibit Meridian City Council Meeting Agenda December 19, 2019 – Page 65 of 92 Page 7 Meridian City Council Meeting Agenda December 19, 2019 – Page 66 of 92 Page 8 B. Landscape Plan (date: 8/9/2019) C. Building Elevations Meridian City Council Meeting Agenda December 19, 2019 – Page 67 of 92 Page 9 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning 1. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-9 Daycare Facilities, including but not limited to the following: a. All outdoor play areas shall be completely enclosed by minimum six foot (6') non- scalable fences to secure against exit/entry by small children and to screen abutting properties. b. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. c. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. e. On-site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick-up of clients. 2. The maximum number of allowable clients at the facility at one time shall be limited to twelve (12). 3. The daycare/pre-school shall not operate beyond the hours of 6:00 am to 11:00 pm as set forth in UDC 11-4-3-9A.5, unless otherwise modified through approval of a conditional use permit. 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 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. B. Central District Health Department (CDHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=179734 C. Ada County Highway District (ACHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=179950 D. Department of Environmental Quality http://weblink.meridiancity.org/weblink8/0/doc/180072/Page1.aspx E. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/weblink8/0/doc/180058/Page1.aspx IX. FINDINGS A. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Meridian City Council Meeting Agenda December 19, 2019 – Page 68 of 92 Page 10 Staff finds the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the R-8 zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed group daycare will be harmonious with the Comprehensive Plan in that it will provide a much needed service for area residents within walking distance of homes within the neighborhood. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the operation of the proposed daycare/pre-school should be compatible with the residential uses in the neighborhood and the existing and intended character of the neighborhood and not adversely affect such. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. If the proposed daycare/pre-school complies with the condition of approval in Section VII as required, Staff finds the proposed use should not adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Because the site is within the City’s Area of City Impact boundary and has been annexed into the City and these services are already being provided to the existing home, Staff finds the public facilities mentioned will be provided to the proposed use as well. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use should not create any additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Although traffic may increase slightly in this area due to the proposed use and clients dropping off and picking up children, Staff finds it should not be detrimental to the general welfare. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any natural, scenic or historic features in this area; however, finds the proposed use should not result in damage of any such features. Meridian City Council Meeting Agenda December 19, 2019 – Page 69 of 92 EIDIANC-- DAHJ PLANNING AND ZONING MEETING AGENDA December 19, 2019 Agenda Item Number: 4 D Item Title: Public Hearing for Bach Storage (H-2019-0121) By Bach Homes. Located at 2480 N. Eagle Rd. and 3280 E. River Valley St. 1 Request: Annexation of 1 acre of land with a C -C zoning district. 2. Request: Conditional Use Permit for a self-service storage facility on 1.92 acres of land in the C -C zoning district. Meeting Notes: 1 I TEM SHEET C ouncil Agenda I tem - 4.D. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for B ach Storage (H-2019-0121) by Bach Homes, L ocated at 2480 N. E agle Rd. and 3280 E . River Valley St. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 12/13/2019 Meridian City Council Meeting Agenda December 19, 2019 – Page 70 of 92 12/31/2019 City of Meridian - Public Hearing Sign In Form Tools internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=393 1/1 Details and Signatures For Public Hearing Hearing Date: 12/19/2019 Hearing Type: PZ Item Number: 4-D Project Name: Bach Storage AZ, CUP Project No.: H-2019-0121 Active: Signature Name Address HOA Name HOA Represent For Neutral Against I Wish To Testify Sign In Date/Time Patty pitzer 2703 E Wainwright Dr X 12/19/2019 5:58:11 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 HEARING DATE: 12/19/2019 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0121 Bach Storage LOCATION: 2480 & 2500 N. Eagle Rd. I. PROJECT DESCRIPTION Annexation of one (1) acre of land with a C-C zoning district; and, Conditional Use Permit for a self- service storage facility on 1.92 acres of land in the C-C zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1 acre (AZ); 1.92 acres (CUP) Future Land Use Designation MU-R (Mixed Use – Regional) Existing Land Use(s) Vacant/undeveloped land Proposed Land Use(s) Self-service storage facility Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: 8/6/2019; no attendees History (previous approvals) AZ-08-004 (Ord. 08-1392, DA #108131099 – Regency at River Valley) B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) No STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda December 19, 2019 – Page 71 of 92 Page 2 Description Details Page Requires ACHD Commission Action (yes/no) No Idaho Transportation Department No comments received Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via E. River Valley St., a commercial collector street, via a backage road along east boundary of site Stub Street/Interconnectivity/Cross Access Access via E. River Valley St, commercial collector, from the south via a cross-access easement/backage road Existing Road Network None Existing Arterial Sidewalks / Buffers There are no existing sidewalk/pathways on this site along N. Eagle Rd./SH-55 Proposed Road Improvements None Fire Service See Section VIII.C Police Service No comments received Wastewater Distance to Sewer Services 0-Feet Sewer Shed Five Mile Trunk Shed Estimated Project Sewer ERU’s See Application WRRF Declining Balance 13.79 Project Consistent with WW Master Plan/Facility Plan Yes Sewer Review Comments As designed, the northern building encroaches within the existing sewer easement. Water Distance to Water Services 0-feet Pressure Zone 3 Estimated Project Water ERU’s See Application Water Quality Concerns None Project Consistent with Water Master Plan Yes Impacts/Concerns As designed, the northern building encroaches within the existing sewer/water easement. Meridian City Council Meeting Agenda December 19, 2019 – Page 72 of 92 Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Bach Homes – 11650 South State St., #300, Draper, UT 84020 B. Owner: Rami, LLC – 11650 South State St., #300, Draper, UT 84020 C. Representative: Nick Mason, Bach Homes – 11650 South State St., #300, Draper, UT 84020 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda December 19, 2019 – Page 73 of 92 Page 4 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published 11/19/2019 Radius notification mailed to property owners within 300 feet 11/26/2019 Public hearing notice sign posted on site 12/6/2019 Nextdoor posting 11/26/2019 V. STAFF ANALYSIS Comprehensive Plan Future Land Use Map Designation (https://www.meridiancity.org/compplan): MU-R (Mixed Use – Regional) – The purpose of this designation is to provide a mix of employment, retail and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. In general, the purpose of mixed use designations is to provide for a combination of compatible land uses within a close geographic area that allows for easily accessible services for residents and the workers. Uses may be mixed vertically or horizontally and should have interconnected vehicular and pedestrian networks. These areas are typically infill in nature or situated in a highly visible or transitioning area where innovative and flexible designs are encouraged. In reviewing development applications, the following items will be considered in all Mixed Use areas: • Residential densities should be a minimum of six dwellings/acre. Not Applicable (NA) • Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. NA (a multi- family development abuts this site to the east) • A conceptual site plan for the entire mixed use area should be included in the application. The entire property is shown on the proposed site plan. • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. NA • The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. The proposed plan depicts a landscape buffer with a fence as a buffer and screening to the adjacent multi-family development to the east. • A mixed use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. Due to the small size of this infill site (i.e. less than 2 acres), only a single use is proposed; however, it does contribute toward the mix of uses already developed in this area (i.e. multi-family and commercial). Meridian City Council Meeting Agenda December 19, 2019 – Page 74 of 92 Page 5 • Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed use developments. Although not a public use/facility, the proposed use will provide a needed service for residents in close proximity to this site. • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. No public and/or quasi-public spaces or places are proposed. • All mixed use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. No connectivity (vehicular or pedestrian) is proposed to the multi-family development to the east; Staff recommends a driveway connection with a pedestrian walkway is provided between the properties for interconnectivity. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. NA (no public streets are proposed) • Because of the existing small lots within Old Town, development is not subject to the Mixed Use standards listed herein. NA The following items will be considered in MU-R areas: • Development should generally comply with the general guidelines for development in all Mixed Use areas. The proposed development generally complies with the applicable mixed use guidelines. • Residential uses should comprise a minimum of 10% of the development area at densities ranging from six to 40 units/acre. No residential uses are proposed on this site but do exist directly to the east at a density of approximately 20 units per acre. • Retail commercial uses should comprise a maximum of 50% of the development area. No retail uses are proposed with this development but many such uses exist to the south (i.e. Mattress Firm and The Village at Meridian). • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses. The following Comprehensive Plan Policies are applicable to this development: “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed storage facility will contribute to the variety of uses in this area. “Encourage infill development.” (3.04.02B) Annexation and development of the subject infill property will provide more efficient provision of public services. “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) A multi-use pathway is required within the street buffer along Eagle Rd./SH-55, which will connect to existing segments of the pathway to the north and south of this site. “Consider needed sidewalk, pathway, landscaping, and lighting improvements with all land- use decisions along SH-55.” (3.03.02Q) Meridian City Council Meeting Agenda December 19, 2019 – Page 75 of 92 Page 6 A 10-foot wide multi-use pathway, pedestrian lighting and landscaping is required to be installed within the street buffer along Eagle Rd./SH-55 with development as set forth in UDC 11-3H-4C. “Protect existing residential properties from incompatible land use developments on adjacent parcels.” (3.06.01F) Because the proposed use will almost entirely be accessed from internally within the structure, abutting properties should experience little adverse effects from noise; therefore, the proposed use should be compatible with existing residential uses. “Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) The site design of the proposed development with a 25-foot wide landscape buffer and closed vision fence for screening will be compatible with the adjacent residential development to the east. “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed use should result in little to no noise, odor, air or visual pollution since the majority of the storage units will be access internally and the site is screened from view of the public street. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) Urban services are available and can be provided to this property with development. A. Annexation & Zoning The proposed annexation of the southern one (1) acre parcel of land with C-C zoning is consistent with the zoning on the northern portion of the site and with the MU-R FLUM designation for this site. The development of the subject infill property as a storage facility will contribute toward the mix of uses already developed in this area, is in close proximity to the multi-family development to the east and will provide a much needed service to those residents, is located along a major arterial street close to major arterial intersections, and should be compatible with adjacent uses – all desired elements in mixed use designated areas such as this. The annexation area is an enclave surrounded by properties that have been previously annexed into the City and is within the Area of City Impact Boundary (AOCI). A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII; additionally, Staff recommends the northern portion of the development area currently included in the DA for the Regency at River Valley property to the east, is no longer held to the terms of that agreement and is included in the DA recommended for this site. The Applicant should submit a legal description for the entire boundary of the site subject to the new DA. B. Existing Structures/Site Improvements: There are no existing structures or site improvements on this site; however, there is an existing 20-foot wide sewer easement and 8-inch sewer main that lies under the proposed north Meridian City Council Meeting Agenda December 19, 2019 – Page 76 of 92 Page 7 building that is required to be relocated or the design of the site reconfigured so that the structure(s) does not encroach within the easement(s). C. Proposed Use Analysis: The proposed self-service storage facility will consist of approximately 600 climate-controlled storage units (although the design/size of the units is not yet finalized so the number of units could increase) in a 3-story 100,000 square foot (s.f.) structure and 25 traditional storage units in two (2) separate single-story structures containing a total of 8,400 s.f. to the north and south of the climate-controlled building. A self-service storage facility is listed as a conditional use in the C-C zoning district per UDC Table 11-2B-2 and is subject to the specific use standards listed in UDC 11-4-3-34, Storage Facility, Self-Service and the standards listed in UDC 11-3A-16, Self-Service Uses (see standards below). D. Specific Use Standards (UDC 11-4-3): UDC 11-4-3-34, Storage Facility, Self-Service: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with chapter 3, article E, "Temporary Use Requirements", of this title. C. The distance between structures shall be a minimum of twenty five feet (25'). Complies D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chainlink shall not be allowed as fencing material. Complies; a 6’ tall masonry screen wall is proposed to screen the facility from public view along N. Eagle Rd./SH-55 where the drive aisles are located between structures and a 6’ tall vinyl fence exists along the east side of this site adjacent to the residential district. E. If abutting a residential district, the facility hours of public operation shall be limited to six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. The project abuts a residential district on the east boundary of the site. The proposed hours of operation are Monday thru Sunday 6:00 am to 11:00 pm and will be restricted to such. F. A minimum twenty five foot (25') wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9C of this title. A 10- foot wide landscape buffer is proposed on this site; City Council approval of a modified buffer width is needed as set forth in UDC 11-3B-9C.2. The applicant proposes the existing 15-foot wide wide buffer on the adjacent residential property to the east, resulting in a 25- foot wide buffer between uses, to count toward the buffer requirement. Staff is amenable to this request as it meets the intent of the requirement; however, Council approval is needed. Additional landscaping should be added within the buffer to comply with the standards listed in UDC 11-3B-9C, which require a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at the time of maturity. A 6’ tall vinyl fence also exists along the east boundary of this site which will provide added screening of the site. Meridian City Council Meeting Agenda December 19, 2019 – Page 77 of 92 Page 8 G. If the use is unattended, the standards listed in UDC 11-3A-16, "Self-Service Uses", also apply, as follows: Any unattended, self-service uses, including, but not limited to, laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales facilities, and storage facilities, shall comply with the following requirements. The Meridian Police Chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided. A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting. The entrance to the facility will be open from the east side from the north/south backage road; the site is screened on the west side adjacent to N. Eagle Rd./SH-55 as required by UDC 11-4-3-34D. Low impact security lighting should be provided. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. Not applicable – financial transactions will be handled inside the building in the office. C. Landscape shrubbery shall be limited to no more than three feet (3') in height between entrances and financial transaction areas and the public street. Not applicable – financial transactions will be handled inside the building in the office. H. The facility shall have a second means of access for emergency purposes. A cross-access easement is depicted on the site plan across the property to the north (Great Wall) for access via Eagle Rd./SH-55; however, that access was only approved on a temporary basis and is required to be removed and the street buffer extended upon completion of the backage road for access via E. River Valley Street (VAR-08-004). A viable secondary access is required either from the north or east through the multi-family development. I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. Not applicable – no outdoor storage is proposed. J. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. Not applicable – no storage of fuel or hazardous material is proposed. E. Dimensional Standards (UDC 11-2): Development is required to comply with the dimensional standards for the C-C district listed in UDC Table 11-2B-3. F. Access (UDC 11-3A-3, 11-3H-4): Access is proposed via a backage road along the east boundary of the site from E. River Valley Street, a commercial collector street to the south; cross-access easements exist to this property from the abutting properties to the north and south. Direct access via N. Eagle Rd./SH-55 is prohibited per the existing Development Agreement. A secondary emergency access is required to be provided per UDC 11-4-3-34H as discussed above. For access via E. River Valley Street to the Great Wall property and interconnectivity between the parcels fronting Eagle Rd./SH-55 in this area, Staff recommends a cross-access easement is granted to the properties to the north and south for use of the backage road. Meridian City Council Meeting Agenda December 19, 2019 – Page 78 of 92 Page 9 Further, for interconnectivity between the abutting residential development to the east and the subject property and adjacent commercial properties fronting Eagle Rd./SH-55 as desired in mixed use designated areas, Staff recommends a vehicular and pedestrian connection is provided at the east boundary of the site in the location where 3 parking stalls current exist between two garage structures on the residential property. This will allow direct access to the storage facility for adjacent residents using the facility and access to other commercial uses, without having to go around via the collector street (i.e. River Valley St.). Note: The property owner to the north of the Great Wall property and the Finch Lateral at 2600 N. Eagle Rd. is working with ITD on a possible access via Eagle Rd./SH-55 and extension of the backage road across the lateral. If the backage road is extended across the lateral, secondary access could be provided from the north. However, because this is a mixed use designated area, vehicular and pedestrian access should still be provided between the abutting residential development and the subject property for ease of access between uses and interconnectivity. G. Parking (UDC 11-3C): Off-street parking is required in accord with the standards listed in UDC 11-3C-6B.1, which requires parking based on the gross floor area of the office space only (1 space per 500 square feet). The office is proposed to consist of approximately 1,200 s.f., which requires a minimum of two (2) parking spaces; a total of five (5) spaces are proposed in excess of the minimum standard. A minimum of one (1) bicycle parking space is required for every 25 proposed vehicle parking spaces; based on five (5) vehicle spaces, a minimum of one (1) bicycle space is required per the location and design standards listed in UDC 11-3C-5C. H. Pathways (UDC 11-3A-8): A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting is required along N. Eagle Rd./SH-55 as set forth in UDC 11-3H-4C.3; details should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards (i.e. type of post and luminaire, spacing, light source, etc.). There is a 7-8’ gap from the subject property’s north boundary to the existing pathway on the property to the north (Great Wall); for continuity and safe pedestrian access, Staff recommends the pathway constructed on this site is extended off-site to the existing pathway with consent from the adjacent property owner. I. Sidewalks (UDC 11-3A-17): Sidewalks are required along all public streets as set forth in UDC 11-3A-17; detached sidewalks are required along arterial streets (i.e. N. Eagle Rd./SH-55). The multi-use pathway required in UDC 11-3H-4C discussed above will meet the sidewalk requirement and should be detached with a minimum of 5 feet of landscaping on the street side of the pathway. J. Landscaping (UDC 11-3B): Landscaping is required to be provided on the site with development as set forth in UDC 11-3B. A minimum 35-foot wide street buffer is required along N. Eagle Rd./SH-55, an entryway corridor, per UDC Table 11-2B-3, measured from the ultimate curb location as anticipated by ITD in accord with UDC 11-3B-7C.1a., and landscaped per the standards listed in UDC 11-3B- 7C. If the unimproved right-of-way along N. Eagle Rd./SH-55 is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, the developer shall maintain a 10-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover as set forth in UDC 11-3B- Meridian City Council Meeting Agenda December 19, 2019 – Page 79 of 92 Page 10 7C.5; depict accordingly on the landscape plan. A license agreement will be required between the property owner and the transportation authority for any landscaping improvements within the right-of-way. Perimeter landscaping is required adjacent to parking and vehicular use areas as set forth in UDC 11-3B-8C.1; the proposed landscaping complies with UDC standards. The project is exempt from the standards for internal parking lot landscaping because the parking lot has fewer than 12 spaces, per UDC 11-3B-8C.2. A 25-foot wide buffer to residential uses is required to be provided on this site along the east boundary adjacent to residential uses as discussed above per UDC 11-4-3-34F (unless otherwise modified by Council), landscaped per the standards listed in UDC 11-3B-9C. Landscape buffers are required to facilitate pedestrian access from residential development to abutting commercial district and vice versa per UDC 11-3B-9C.3; therefore, a pedestrian connection should be provided between the proposed use and the multi-family development to the east – this can be satisfied through a combined vehicular and pedestrian connection between garages 3 and 4 depicted on the site plan, which would also satisfy the requirement for a secondary emergency access to be provided to the site as required by UDC 11-4-3-34H discussed above. Landscaping is required on either side of pathways per the standards listed in UDC 11-3B- 12C; landscaping should be depicted on the landscape plan in accord with these standards adjacent to the multi-use pathway along N. Eagle Rd./SH-55 in addition to the street buffer landscaping. K. Waterways (UDC 11-3A-6): There are no waterways on this site. L. Fencing (UDC 11-3A-6, 11-3A-7): There is a 6-foot tall vinyl fence along the east boundary of this site; no new fencing is proposed. M. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. As designed, the northern building encroaches within the existing water and sewer easement(s) that serves the multi-family development to the east. This easement(s) and associated water and sewer mains should be relocated; or, the design of the site should be reconfigured so that structures do not encroach within the easement(s). See Section VIII-B below for Public Works comments/conditions. N. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): A west side conceptual building perspective was submitted with this application as shown in Section VII.D. Building materials consist of 2 different colors EIFS with an accent color on the cornices, glazing, and metal canopies over the windows on the single-story structures. Final design is required to comply with the design standards in the Architectural Standards Manual. Meridian City Council Meeting Agenda December 19, 2019 – Page 80 of 92 Page 11 VI. DECISION A. Staff: Staff recommends approval of the proposed annexation and zoning and conditional use permit with the comments and conditions listed in Section VIII per the Findings in Section IX. Meridian City Council Meeting Agenda December 19, 2019 – Page 81 of 92 Page 12 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda December 19, 2019 – Page 82 of 92 Page 13 Meridian City Council Meeting Agenda December 19, 2019 – Page 83 of 92 Page 14 B. Site Plan Meridian City Council Meeting Agenda December 19, 2019 – Page 84 of 92 Page 15 C. Landscape Plan D. Building Elevation Perspective Meridian City Council Meeting Agenda December 19, 2019 – Page 85 of 92 Page 16 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Annexation & Zoning Comments: 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the northern portion of the site (Parcel #S1104233970) shall no longer be subject to the terms of the Development Agreement for the Regency at River Valley project recorded as Instrument No. 108131099. b. Future development of this site shall be generally consistent with the site plan, landscape plan and conceptual building elevation included in Section VII and the provisions contained herein. c. Future development shall comply with the structure and site design standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. d. Direct access to the site via N. Eagle Rd./SH-55 is prohibited. Prior to the City Council hearing, the Applicant shall submit a legal description & exhibit map for the entire boundary of the site subject to the new DA. Conditional Use Permit Conditions: 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance and Design Review applications shall be revised as follows: a. Depict a 25-foot wide buffer to residential uses along the east boundary of the site as set forth in UDC Table 11-2B-3 and 11-4-3-34F unless such width is modified by City Council. A reduction in the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required (i.e. 25’). The Applicant requests approval of reduced buffer width to 10 feet, which combined with the existing 15-foot wide buffer on the adjacent property to the east will total 25 feet. b. Depict additional landscaping within the buffer along the east boundary of the site adjacent to residential uses to comply with the standards listed in UDC 11-3B-9C, which require a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at the time of maturity. c. Include the required vs. provided number of trees within the street buffer and along the multi-use pathway adjacent to Eagle Rd., the width of the street buffer and the street frontage calculation in the calculations table on the landscape plan to demonstrate compliance with the standards listed in UDC Table 11-2B-3,11-3B-7C and 11-3B-12C. Meridian City Council Meeting Agenda December 19, 2019 – Page 86 of 92 Page 17 d. Depict a minimum 35-foot wide street buffer along N. Eagle Rd./SH-55 measured from the ultimate curb location as anticipated by ITD in accord with UDC 11-3B-7C.1a. e. If the unimproved right-of-way along N. Eagle Rd./SH-55 is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, the developer shall maintain a 10- foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover as set forth in UDC 11-3B-7C.5; depict accordingly on the plan. A license agreement will be required between the property owner and the transportation authority for any landscaping improvements within the right-of-way. f. Depict landscaping on either side of pathway along N. Eagle Rd./SH-55 per the standards listed in UDC 11-3B-12C in addition to the required street buffer landscaping. g. Depict low impact security lighting on the plans in accord with UDC 11-3A-16A and 11- 4-3-34D. h. Depict bicycle parking as set forth in UDC 11-3C-6G per the location and design standards listed in UDC 11-3C-5C. i. Depict a secondary emergency access to the site as required by UDC 11-4-3-34H. Note: The existing temporary access via N. Eagle Rd./SH-55 on the Great Wall property to the north does not qualify as it’s required to be removed once the backage road is constructed. j. There is a 7-8’ gap from the subject property’s north boundary to the existing pathway on the property to the north (Great Wall); for continuity and safe pedestrian access, the pathway constructed on this site shall extend off-site to the existing pathway with the adjacent property owner’s consent. k. Construct a vehicular and pedestrian connection to the residential development to the east for interconnectivity. This access will satisfy the secondary emergency access requirement noted above. 3. A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting is required as set forth in UDC 11-3H-4C.3; details should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards (i.e. type of post and luminaire, spacing, light source, etc.). 4. The subject property shall be addressed from E. River Valley Street. 5. The facility shall comply with the specific use standards listed in UDC 11-4-3-34, Storage Facility, Self-Service, included but not limited to the following: 1. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self- service storage facility is specifically prohibited. 2. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with chapter 3, article E, "Temporary Use Requirements", of this title. 3. The hours of public operation of the storage facility shall be limited to six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-34E. 6. A 10-foot wide multi-use pathway within a 14-foot wide public use easement and pedestrian lighting is required as set forth in UDC 11-3H-4C.3; details should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these Meridian City Council Meeting Agenda December 19, 2019 – Page 87 of 92 Page 18 standards (i.e. type of post and luminaire, spacing, light source, etc.). Landscaping is required on either side of the pathway in accord with the standards listed in UDC 11- 3B-12C. 7. A cross-access easement shall be recorded granting access to the properties to the north (#S1104233802), south (#R7476320020 and R7476320010) and east (#R0748300100) via the backage road proposed along the east boundary of this site; a recorded copy of the easement shall be submitted to the Planning Division prior to issuance of Certificate of Occupancy for the site. 8. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for approval by City Council and subsequent recordation for the multi-use pathway along N. Eagle Rd./SH-55. B. Public Works Department Site Specific Conditions: 1. The existing water and sewer easement(s) (Inst. #111092020, recorded on 11/10/11) and associated mains that serve the multi-family development to the east (located where the northern structure is proposed) shall be relocated; or, the design of the site shall be reconfigured so that the structure(s) does not encroach within the easement(s). General Conditions: 2. 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. 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. 4. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 5. 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. Meridian City Council Meeting Agenda December 19, 2019 – Page 88 of 92 Page 19 6. 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. 7. Street signs are to be in place, water system shall be approved and activated, and at a minimum, a compacted gravel road base shall be in place prior to applying for building permits. 8. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The 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. 16. 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. 17. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Fire Department 1. Fire Flow: Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 2. Water Supply: Final Approval of the fire hydrant locations shall be by the Meridian Fire Department or their designee in accordance with International Fire Code Section (IFC) 508.5.4 as follows: Meridian City Council Meeting Agenda December 19, 2019 – Page 89 of 92 Page 20 a. Fire hydrants shall have a Storz LDH connection in place of the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3. Water Supply: There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-1. Over 100 apartment units without an approved sprinkler system or over 200 apartment units with an approved sprinkler system will require a secondary access per International Fire Code Section D104.3. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 4. Roadways: Roadways shall be 26’ in width for ladder truck access. 5. Roadways: All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 6. Roadways: Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 7. Access: Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 8. Access: Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 9. Access: The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. Caps can be ordered at www.knoxbox.com IX. FINDINGS A. Annexation & Zoning Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds the proposed map amendment to the C-C zoning district is consistent with the MU- R FLUM designation and the Comprehensive Plan (see Section V for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Meridian City Council Meeting Agenda December 19, 2019 – Page 90 of 92 Page 21 Staff finds the proposed map amendment complies with the regulations for the commercial districts in that the subsequent development of the property will provide a needed service for the community. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds the proposed map amendment and subsequent development should not be significantly detrimental to the public. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and Staff finds the proposed map amendment will not adversely impact the provision of public services within the City. 5. The annexation (as applicable) is in the best interest of City. Staff finds the proposed annexation with C-C zoning is in the best interest of the City. B. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the site is large enough to accommodate the proposed use and meets all the dimensional and development regulations of the C-C zoning district if a Council modification is approved to the width of the buffer to residential uses as proposed. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed use is harmonious with the Comprehensive Plan (see Section V for more information). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the operation of the proposed self-service storage facility should be compatible with other uses in the vicinity and the intended character of the area and not adversely affect such if the Applicant complies with the conditions of approval in Section VIII. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. If the proposed use complies with the conditions of approval in Section VIII, Staff finds the proposed use should not adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Meridian City Council Meeting Agenda December 19, 2019 – Page 91 of 92 Page 22 Because the site is within the City’s Area of City Impact boundary, the City has planned for the provision of public services to this property; therefore, Staff finds the proposed use should be served adequately by essential public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use should not create any additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff finds the proposed use will not be detrimental to any persons or property or affect the general welfare by any of the means listed. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) Staff is unaware of any natural, scenic or historic features of major importance in this area; however, finds the proposed use should not result in damage of any such features. Meridian City Council Meeting Agenda December 19, 2019 – Page 92 of 92