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2021-06-17
PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, June 17, 2021 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT Commissioner Rhonda McCarvel Commissioner Nick Grove Commissioner Andrew Seal Commissioner Maria Lorcher Commissioner Nathan Wheeler ABSENT Commissioner Bill Cassinelli Commissioner Steven Yearsley ADOPTION OF AGENDA - Adopted CONSENT AGENDA \[Action Item\] - Approved 1. Approve Minutes of the June 3, 2021 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for Gramercy Commons (H-2021-0023) by Intermountain Pacific, LLC, Located at 1873, 1925, and 2069 S. Wells Ave. 3. Findings of Fact, Conclusions of Law for Meridian Middle School Cafeteria Addition (H-2021-0032) by Lombard Conrad Architects, Located at 1507 W. 8th St. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 4. Public Hearing Continued from June 3, 2021 for Topgolf (H-2021-0033) by Arco/Murray, Located at 948 S. Silverstone Way A. Request: Conditional Use Permit for an outdoor recreation facility on 11.56 acres of land in a C-G zoning district to include extended hours of operation from 8:00 a.m. to 2:00 a.m., seven days a week, abutting a residential zoning district. - Approved 5. Public Hearing Continued from June 3, 2021 for Popeyes Drive-Through (H-2021- 0030) by Erik Wylie of JRW Construction, LLC, Located at 6343 N. Linder Rd. A. Request: Conditional Use Permit for a drive-through establishment within 300-feet of an existing drive-through on 1.0 acres of land in the C-G zoning district. - Approved 6. Public Hearing for ACHD Ustick Maintenance Facility (H-2021-0029) by Engineering Solutions, LLP, Located at 3764 W. Ustick Rd. A. Request: Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an Ada County Highway District (ACHD) maintenance facility on 23.7 acres. - Recommended Approval to City Council ADJOURNMENT - 7:44 p.m. Item 1. Meridian Planning and Zoning Meeting June 17, 2021. Meeting of the Meridian Planning and Zoning Commission of June 17, 2021, was called to order at 6:00 p.m. by Chairman Rhonda McCarvel. Members Present: Chairman Rhonda McCarvel, Commissioner Andrew Seal, Commissioner Nick Grove, Commissioner Maria Lorcher and Commissioner Nate Wheeler. Members Absent: Commissioner Bill Cassinelli and Commissioner Steven Yearsley. Others Present: Adrienne Weatherly, Ted Baird, Caleb Hood, Sonya Allen, Joe Dodson, and Dean Willis. ROLL-CALL ATTENDANCE X Nate Wheeler X Maria Lorcher X Andrew Seal X Nick Grove Steven Yearsley Bill Cassinelli X Rhonda McCarvel - Chairman McCarvel: Good evening and welcome to the Planning and Zoning Commission for June 17th, 2021. The Commissioners who are present this evening are at City Hall. Period. We also have staff from the City Attorney and Clerk's Offices, as well as city Planning Department. If you are joining us on Zoom this evening we can see that you are here. You may observe the meeting. However, your ability to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take questions until the public testimony portion. If you have a process question during the meeting, please, e-mail cityclerk@meridiancity.org and they will be able to help you as soon as possible. If you simply want to watch the meeting this evening, we encourage you to watch the streaming on the city's YouTube channel. You can access it on meridiancity.org/live and with that let's begin with roll call. ADOPTION OF AGENDA McCarvel: Thank you. First item on the agenda is the adoption of the agenda. Could I get a motion -- and we have everything on the agenda as presented. Could I get a motion to adopt the agenda? Seal: So moved. Grove: Second. Meridian Planning&Zoning Commission Item 1. June 17,2021 5 Page 2 of 31 McCarvel: It has been moved and seconded to adopt the agenda. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: SIX AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the June 3, 2021 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for Gramercy Commons (H- 2021-0023) by Intermountain Pacific, LLC, Located at 1873, 1925, and 2069 S. Wells Ave. 3. Findings of Fact, Conclusions of Law for Meridian Middle School Cafeteria Addition (H-2021-0032) by Lombard Conrad Architects, Located at 1507 W. 8th St. McCarvel: The Consent Agenda this evening, we have approve the minutes for the June 3rd, 2021, Planning and Zoning Commission and Findings of Fact, Conclusions of Law for Gramercy Commons, H-2021-2023 and Findings of Fact, Conclusions of Law for Meridian Middle School Cafeteria Addition, H-2021-0032. Could I get a motion to accept the Consent Agenda? Seal: So moved. Grove: Second. McCarvel: It has been moved and seconded to accept the Consent Agenda. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] McCarvel: And so at this time we will briefly explain the public hearing process. We will open each item individually and, then, begin with the staff report. Staff will report their findings in how the item adheres to our Comprehensive Plan and Unified Development Code. After staff has made their presentation the applicant will come forward and be present and -- to present their case and respond to staff comments. They will have 15 minutes to do so. After the applicant has finished we will open the floor to public testimony. Each person will be called on only once during public testimony. The Clerk will call the names individually of those who have signed up on our website in advance to testify. You will, then, be unmuted. Please state your name and address for the record. You will have three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting, it will be displayed on the screen and our Clerk Meridian Planning&Zoning Commission Item 1. June 17,2021 6 Page 3 of 31 will run the presentation. All those who have signed up in advance, once -- after all of those who have signed up in advance have spoken we will invite others who may wish to testify. If you wish to speak on a topic you may press the raise hand button on the Zoom app or if you are listening on the phone, please, press star nine and wait for your name to be called. If you are listening on multiple devices, a computer and a phone, for example, please, be sure to mute those extra devices so we do not experience feedback and can hear you clearly. When you are finished, if the Commission does not have questions for you, you will be muted and no longer have the ability to speak. Please remember we will not call on you a second time. After all testimony has been heard, the applicant will be given another ten minutes to come back and respond. When the applicant has finished responding to questions and concerns, we will close the public hearing and the Commissioners will have the opportunity to discuss and, hopefully, be able to make a final decision or recommendation to City Council as needed. ACTION ITEMS 4. Public Hearing Continued from June 3, 2021 for Topgolf (H-2021-0033) by Arco/Murray, Located at 948 S. Silverstone Way A. Request: Conditional Use Permit for an outdoor recreation facility on 11.56 acres of land in a C-G zoning district to include extended hours of operation from 8:00 a.m. to 2:00 a.m., seven days a week, abutting a residential zoning McCarvel: At this time we will -- the first item on the Action Items is continuing the public hearing for H-2021-0033, Topgolf, and we will begin with the staff report. Allen: Thank you, Madam Chair. Give me just a moment here to get the presentation up. The first application before you tonight is a request for a conditional use permit. This site consists of 11.56 acres of land. It's zoned C-G. Located at 948 South Silverstone Way. The Comprehensive Plan future land use map designation is mixed use regional. A conditional use permit for an outdoor entertainment recreation facility with a nonpermanent outdoor stage and music venue on 11 .56 acres of land in a C-G zoning district, to include extended hours of operation from 8:00 a.m. to 2:00 a.m., seven days a week, abutting a residential zoning district. Although the subject property abuts a residential zoning district to the east, the residential homes have been removed by the -- by the developer for future expansion of the mixed use development to the west, Rackham Subdivision. Therefore, the extension on the hours of operation will not adversely affect abutting residential uses as there are none. In fact, the closest residence is approximately 918 feet to the south of the driving range. As you can see from the map here, you can see the site. All of these properties to the east that are selected have been cleared of residential homes. So, this is now vacant property that will eventually be part of this commercial development. If you can see my pointer here, this is the nearest residential lot to the site. The outdoor stage is proposed to be located in the patio space and that is the area here with the star on it, which will seat 71 people and will be fully enclosed by an eight foot tall fence. During the summer months the stage is anticipated Meridian Planning&Zoning Commission Item 1. June 17,2021 7 Page 4 of 31 to be used about once a week in the afternoons until the venue closes. Performances will be limited to small musical acts and no additional sound equipment will be used for any performances. All music will be channeled through the building's integrated sound system. If an extension of the hours of operation is approved, the use is still subject to the city's noise ordinance. Access is proposed from East Talons View Lane, a private street along the southern boundary of the site from, Silverstone Way, a collector street, from Overland Road. East Talons View Lane ends approximately 200 feet west of the east property line and is not proposed to be extended at this time. There is a public street, South Rolling Hill Drive, just off site from the subject property to the east that is constructed as a local rural street, with 24 feet of pavement, and does not have curb, gutter, sidewalk or streetlights. That -- I will just go back to this. That shows the street a little better. This north-south street is what we are talking about here, Rolling Hill, and that comes out to Overland Road on the south end. It provides access to the remaining homes in Rolling Hill Subdivision and dead ends in a cul-de-sac at the north end. Because South Rolling Hill Drive currently serves residences and is not improved to urban standards, i.e., there is no sidewalk, curb, gutter or streetlights, it has a narrow pavement width, staff recommends access be prohibited to the Topgolf site via South Rolling Hill Drive, until such time as improvements are made that are deemed appropriate by ACHD and the city. All vehicular access, including construction access, should be taken by the private street, Street A, from South Silverstone Way until such time. Parking is proposed in excess of UDC standards. A minimum of 74 spaces are required. A total of 275 spaces are proposed. Conceptual building elevations were submitted as shown for the proposed structure. Building materials consist of EFIS and metal in a variety of colors, glazing, and composite paneling. Final design is required to comply with the design standards in the architectural standards manual. Written testimony has been received from Amy Wattles and Michael Bowers. They are both against any access to the site from Rolling Hill Drive. Again there is no access proposed to the site from Rolling Hill Drive and the staff report does prohibit access until improvements are made to the street Rolling Hill that are acceptable by the city and ACHD. So, that's a non-issue. Written testimony was also received from Paul Straits, Arco/Murray. He is the applicant and he is in agreement with the conditions in the staff report. Staff will stand for any questions. McCarvel: We will go ahead and move on to the applicant. If they would like to come forward. Allen: They are on the phone. McCarvel: On Zoom? Allen: Yes. Straits: I'm Paul Straits with Acro/Murray. McCarvel: Please state -- name and address for the record and the floor is yours. Meridian Planning&Zoning Commission Item 1. June 17,2021 $ Page 5 of 31 Straits: My name is Paul Straits and I'm at 3201 North Seminary Avenue, No. 211, in Chicago, Illinois. 60657. And so, as I said, I'm Paul Straits, I'm with Arco/Murray and we are a Topgolf partner in development in general contracting and on behalf of Topgolf I would like to thank you all for the opportunity to discuss this project with you tonight and express how excited we are to be entering Boise -- in the Boise market here in Meridian. Honestly, Boise is one of the top most requested markets that Topgolf gets from all of its fans, so we are glad to finally be here and we are excited to share this with you. A little bit of background. Topgolf started in the UK and -- oh, I apologize. Am I able to share my -- my -- my screen with you? McCarvel: Yes. Our clerk will fix it here for you. There you go. Straits: Got it. Okay. Apologize. McCarvel: Okay. Paul, we can see your screen. Straits: Wonderful. Thanks for that confirmation. So, Topgolf started in the UK back in 2000 with a simple idea of being able to track your golf ball with an implanted microchip and/or 20 years later it has become a go to for families and friends to socialize around an active outdoor game all year round. Topgolf technology allows technology -- in the way that it's constructed it allows the game to be played all year long, rain or shine, and so anytime you have a craving to hit some balls, Topgolf is going to be open for you. It's self driven, as you know, and there are various different games that you can play beyond just hitting balls to the target to keep kids and everybody entertained all day. So, Topgolf provides -- prides itself, excuse me, on being -- on establishing itself with a -- as a local in the community with many community forward -- forward initiatives, such as free access to high school golf teams during the day, themed spirit nights for families, discounts and specials for military heroes and partnerships with -- with charities, like Make -- Make A Wish, Hope of Honor and more. Economically Topgolf is also excited to bring 200 -- approximately 200 positions to Meridian once the venue is open and about 150 construction jobs while the venue is being constructed. Beyond that it expects to bring about a hundred -- up to a hundred million in economic output over the first ten years of the venue being open in Meridian as well. Been ranked as one of the top workplaces nationally and it is a -- an absolute magnet for other businesses in the area. So, we are excited to be a part of this BVA development here. As you -- as you saw earlier, the site plan looks like this. We have parking for up to 275 vehicles and the building here is comprised of the -- the back of house area and the dining and bar area here. A patio space to the front and, then, along this curve we have all of the -- what will be called the tee line, all of the golf bays. Out here, obviously, is the outfield with all of the targets that you aim for, as well as a couple of screens out in the outfield that shows some Topgolf specific imagery and are angled directly towards the building and are not particularly visible from --from anywhere else outside of the outfield. Additionally, we have a lighting system that is integrated into the building itself and shines only into the outfield from the building. There is no outfield lighting that -- that lights up from beyond the building, which we will take a look at in a second, as well as the sound system was mentioned to be only from the building itself. So, it's fully integrated. Any bands or musical artists that come Meridian Planning&Zoning Commission Item 1. June 17,2021 191 Page 6 of 31 in and have their small concerts on the patio are channeled through the building and that is all designed to be contained within the building itself. Also saw this a little bit earlier and this shows a little bit about what these net poles look like. They have been designed to withstand various degrees of wind and can be taken down in the event of emergency. If ever winds get too heavy, as well as being designed to be as transparent as possible, so they are really not going to be as noticeable as a -- as a -- as a big white net that you would expect. Here is a quick look at the floor plan. Probably a little too small to tell, but, as I said, this is your bar and dining area. Back of house areas with kitchen and, then, the tee line here with some VIP bays at the end. Second level similar. Back of house, office spaces, and tee line there. As I mentioned, this lighting system is very specific and has been honed over the years of the Topgolf development and we always strive to meet every condition that the community puts forward and the lighting is designed specifically to each -- each venue to reduce the glare and the spill off of the site. This image here shows how large these LED lights are. There are about four or five of them at this venue. So, it would not be -- we don't -- like I said, we are not using metal halide lights out in the outfield like it would be -- like a high school football field. It's very specific and channeled just to see as far as you need to. Similarly, here is a map of what the noise looks like coming from the venue. Again, very concentrated just to this area and beyond the net poles is -- is really not at all discernible. No -- no more so than -- than typical city -- city sounds. And, of course, we always comply with local ordinances and requirements and the sound levels are always able to be controlled at all times by -- by venue management. Then beyond that, alcohol safety is a big -- a big thing for Topgolf. The -- the associates are all trained to deal with any customers that have overserved themselves and are trained to refuse service to anyone that has been and they also provide plenty of security services during the peak times as well. So, everything is -- is controlled very -- very closely and -- and everyone is trained to be very -- very attentive to all of the hitting bays and anybody that's been served. So, that's a quick rundown of the Topgolf concept and project that we are excited to bring here to Meridian. At this point I think Sonya has covered much of the specifics here. We are looking to have our business hours extended to 2.00 a.m. That's typical for all Topgolf and allows a variety of different customers to visit throughout the day and really keep the entertainment going and give a place for -- for community members to come and -- and have that act of socializing, you know, later at night versus going to a nightclub or -- or the like. And as well as the -- you know, the noise ordinance and all of those things, we are, again, butting up to a residential district, but those will all be rezoned here in the future with BVA developments to add to their -- their subdivision development here. So, we expect to not be in anyone's way in any way, shape, or form. So, I appreciate the time today and I would love to entertain any questions that you may have. McCarvel: Do -- do we have any questions for staff or the applicant at this time? Seal: Madam Chair? McCarvel: Commissioner Seal. Meridian Planning&Zoning Commission Item 1. June 17,2021 Flo] Page 7 of 31 Seal: Just real quick. The light pattern in there is -- it seems like it's directed towards the freeway. Is that something that staff took a look at or is that something that -- I mean I know they have a system that's supposed to mitigate that, but it seems like it's kind of pointing right at the freeway. Straits: Yeah. So, the -- the -- the lights are mounted on this curved tee line and shine out into this -- into the outfield here, but, really, as you can tell from that map they are only -- they are angled down towards the -- towards the ground and are only lighting up about this far into the outfield. So, the lights -- obviously, you will see them from the freeway, but they are designed specifically for this venue and any venue that is along a roadway to reduce glare and, again, focus down towards the ground versus anywhere else. Seal: Okay. Thank you. McCarvel: Our westbound traffic shouldn't have issue. Seal: I hope not. McCarvel: Yeah. I'm -- I'm asking, I'm not -- Straits: Oh, yeah. No. No. Excuse me. No. Westbound traffic will have no issue. Again, the lights, of course, will be visible, you will see that the venue is lit up, but it is not shining anywhere outside of the venue. McCarvel: Any other questions? Okay. At this time, then, we will take public testimony. Madam Clerk, do we have anybody signed up to testify on this application? Weatherly: Madam Chair, we have a couple people signed in. Lynette Adsitt. McCarvel: If -- you will -- you will need to come to the microphone to -- yeah. You can certainly ask questions. You can -- but you need to come to the microphone. And state your name and address for the record. Adsitt: Hi. I am Lynette Adsitt. Live at 1360 South Topaz Avenue. I did have a couple questions. They mentioned that the music is only going to be once a week. Is that for how long? I mean that's, obviously, probably going to change. Have an answer on that. And also what is the capacity. How many people? McCarvel: We will let the applicant address questions. Is that all you have? Adsitt: For now. McCarvel: Well, you can't come back, so -- Adsitt: I think so. I did have a question -- well, on the noise ordinance. So, what -- can you enlighten me on what -- is it 10.00 o'clock at night? Meridian Planning&Zoning Commission Item 1. June 17,2021 Fil Page 8 of 31 McCarvel: We will let staff address that in a minute, too. Adsitt: And does that mean -- does that mean the music's got to stop? McCarvel: She will address it after you are done. Yeah. So, you have three minutes to ask or say whatever you want to say. That's it? Okay. Weatherly: Madam Chair, the same with Donna McDonald. You had a question mark, too. McCarvel: All right. Weatherly: Madam Chair, that's all we had signed in. McCarvel: Okay. If that's everybody that signed in, is there anybody else in the room or on Zoom that would -- that did not sign in that would like to testify on this application? Certainly. Some forward. State your name and address for the record, please. Blowers: My name is Michael Blowers. I live at 1285 South Rolling Hill. I don't want to misquote anything. I do find it a little insulting that--that it's an irrelevant issue that Rolling Hill is not part of this plan. I think-- hopefully everyone here is aware that the development -- the future use is that Rolling Hill will connect to the development, which will, obviously, then, connect to Topgolf and it becomes extremely relevant for us, because we will be dealing with 2:00 a.m. liquor license traffic coming in front of our house, along with, you know, reduced easement -- well, the easement will be taken over. So, I mean as close as 30 feet to our front door to aim traffic. That's very relevant to me and the other people on Rolling Hill. So, I would like to know -- I mean I'm glad Topgolf is coming. I will probably be their number one customer and I'm excited for it, but what I'm hoping for is some answers as to why can we not make Rolling Hill an emergency access only. Are there any other solutions available for this? Is there anything that we can do to mitigate speed? I don't know if anyone's been on Rolling Hill Drive. It's a third of a mile straightaway with zero mitigation and while it may not be relevant right now, it is going to become an issue in the future when it does connect and I have lived there a year and I have seen people going in excess of 60 miles an hour down our street, especially people who are not aware of -- they are just not thinking. They -- they don't necessarily have, you know, ill intentions or anything. I mean speed signs aren't, obviously, going to fix this, but I mean safety has already been mentioned once. It's, obviously, an issue for us, as well as noise. Is there any alternative? This is a question for anyone. An alternative for, you know, wasting city resources calling for speed traps every single day, because I guarantee that's going to happen. We have already had to do it with the development that BVA has put forth. We have all made several calls, both to the contractor and everything, and -- I mean just some other things to think about. It's -- I know personally I'm raising four cows and it's an agriculture -- there is a goat farm across the way. I mean trailers pulling in and out all the time. It's a very odd entrance. I know people don't seem to think that it will be used, but if you are coming east to west on Overland I can't imagine Meridian Planning&Zoning Commission Item 1. June 17,2021 F12 Page 9 of 31 that you wouldn't use Rolling Hill Drive quite a bit to access Topgolf once it's available. So, thank you. McCarvel: And go ahead and start -- but I will have Sonya chime in on this, but my understanding is -- I don't think it meant to be insulting, I think it meant to be that Rolling Hill Drive will not be part of this until it is improved at such time -- I mean they wouldn't use it as anything -- even construction traffic while it's in the current state. I will let Sonya address your questions. Allen: Thank you, Chairman, Commissioners. Yes, it's -- it's not a hard -- or it's not an access or construction access for this development. However, when the property to the east comes in for development, then, that is the time when this discussion should take place. More so. Sir, we can't testify from the -- from the audience, but it's -- it's not a part of this application, so it's not something that we can deal with or condition with this application. It will be with the next application. So, please be a part of that process. In response, if I could real quick, Madam Chair, to the hours of -- or the -- excuse me. The hours of the noise ordinance -- the city's noise ordinance. McCarvel: Yeah. Allen: That is between the hours of 6:00 a.m. and 11:00 p.m. and there are certain specifications within that ordinance that they have to comply with, just as -- as any business or any residence within the city. So, it's not necessarily that they have to stop their music at 11:00, but it can't cause a disturbance as defined. Weatherly: Madam Chair, we have one person online. A Tonn Petersen. McCarvel: Okay. Petersen: Yeah. Hi. Thank you, Madam Commissioner. Tonn Petersen with BVA Development at 2775 West Navigator Drive in Meridian, Idaho. Just wanted to express our support, of course, from BVA and, actually, Sonya really just -- I raised my hand virtually and, then, Sonya really just addressed what I had intended to -- to testify. As far as Eagleview Landing, phase two, which is the -- the houses -- the 13 most northern houses that were previously part of Rolling Hill Avenue, those have been purchased and, then, demolished by BVA and phase two will be coming through on a separate application for annexation and rezone and as part of that process right now we are conducting the traffic study, which, of course, will be submitted and -- to ACHD and -- and the ingress and egress issues that were raised by the -- the gentleman there, those -- those are all being worked through ACHD now and we will be -- we will be happy to bring that application in to the city I think within -- well, certainly within 30 days. So, I had raised my hand to provide that commentary and we are certainly in support of Topgolf's application here today. McCarvel: Thank you. Any other question -- or anybody else wish to testify on this application? Meridian Planning&Zoning Commission Item 1. June 17,2021 F13 Page 10 of 31 Seal: Madam Chair, just a quick question for the applicant that he's talking about, when that's noticed that will be noticed directly on Rolling Hill Drive? Okay. Thank you. McCarvel: With that would the applicant like to come back and address the questions that have been raised -- or back -- or on Zoom. Straits: Yep. Yeah. Thank you for all of the questions and comments. In terms of the music venue stage on the patio, the intention is that it would be used likely once a week, maybe a couple times more than that when the weather is good, but I would like to point out that the -- the patio area has seating for roughly 70 people and there is no intention to increase that. So, the -- so, you know, that's sort of just to give you an example, that this patio area and the -- the stage will be very small and will host very small acts that will not be creating very large scenes and very large performance and, again, all of that music is -- is channeled through the -- through the building system itself, which is designed to be very contained within the property, so you are not going to have anybody -- any of these crazy rockers bringing in any sort of amps or anything of their own. It will be very contained no matter -- no matter what's playing. So, I think -- I don't remember there being any other questions and Sonya answered the noise ordinance and that is something that, obviously, we will take very seriously, as Topgolf does at all of their venues, any-- any reports and complaints are handled as -- as is needed and, you know, the music will continue beyond that 11 :00 o'clock hour and being next to the freeway and fairly -- fairly far away from -- from anything else at this point I anticipate that it will be fairly agreeable for everybody when the time comes. McCarvel: Thank you. Straits: And I really appreciate your time and for allowing me to discuss this project with you and, as I said, we are very excited to be a part of the community and looking forward to working with you all very soon. McCarvel: Paul, I think we had another question -- one of the questions brought up was about capacity. I know you mentioned it for the patio, but if you could expand on the capacities a little bit. Straits: Sure. The capacity at this point is -- there are 16 hitting bays and we anticipate there being six people at each bay and so we have yet to have a full set of architectural drawings done for this -- let me do my quick math. Likely about 500 people. McCarvel: Okay. And that's at the golfing tees, not in the restaurant, bar, patio areas; right? Straits: No. That's all. I did math for -- for all of that. So, that would be 360 at the tees. McCarvel: Okay. Any other questions for the applicant or staff from the Commission? Okay. So, then, at this time could I get a motion to close the public hearing for item H- 2021-0033? Meridian Planning&Zoning Commission Item 1. June 17,2021 F14 Page 11 of 31 Seal: So moved. Grove: Second. McCarvel: It has been moved and seconded to close the public hearing for H-2021-0033. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. McCarvel: Who would like to open the comments on this one? Who is going to be there -- Seal: Madam Chair? McCarvel: Yeah. Go ahead, Commissioner Seal. Seal: Just looking at the plan and the concept and everything I really like it. It's tucked in -- you know, in a place that's probably a good place for it. A good placement of it anyway. A little concerned on the lighting part of it. I mean even though the lights aren't going to be shining out to the freeway, they are still visible, so it's probably more like a ballpark where you can see the lights, but they are not impacting any of the drive -- your driving conditions. The -- I mean it seems like it's going to be a good venue. I have been to a Topgolf before and they are -- it's -- it's pretty good entertainment for sure. I know there is a lot of people that golf in our community. To be able to do activities year around would probably be something that would be good for our community. You know, again, it seems like it's in a place that's going to be good as far as not interrupting or, you know, displacing anything that's -- already hasn't been displaced. As far as the Rolling Hill Drive, it's -- that's -- I understand that it's going to be brought up in a separate meeting, but it is -- you know, understand that that is a -- that is a road that's controlled by ACHD. So, make sure to go to their hearings on it, so you can get more information on it, because they -- unfortunately, the City of Meridian doesn't control the roads, ACHD does. So, we have to operate with them in partnership in order to make sure that the roads are designed in such a way to handle the traffic that's going to be going on them and by the time it gets to us it's--they have often spoken, unfortunately, so -- but, again, as far as this application goes, I think it's going to be a good addition to our community. I think there is a lot of people that definitely want to go there. I will be one of them, if it does come in and it goes to fruition. Other than that I have no other comments. McCarvel: Okay. Commissioner Wheeler, you had your -- Wheeler: Yes. Thank you. Thank you, Madam Chair. I have a question for staff. If we can go to that one slide that -- I think you said that it was 900 feet from the Topgolf to that corner. I think that's what you said the distance was on that. Allen: It's almost a thousand. It's just a little under. Meridian Planning&Zoning Commission Item 1. June 17,2021 F151 Page 12 of 31 Wheeler: Okay. And it was to that -- Allen: To -- oh. Wheeler: Somehow I can't see that. Okay. Allen: So, from this point right here is the nearest residence to -- right up around in here. Wheeler: Okay. What about the -- the residential houses off of Onyx that's just due south of that site? Yes. Are those -- Allen: It's about the same distance. Wheeler: Okay. And are those also occupied by -- have those been demolished or anything like that or -- Allen: No, they are residential homes. Wheeler: Okay. Okay. My only-- my only concern is the 2:00 a.m. time frame, especially next to where there is some rural residents and we could -- we could make a -- Paul, are you still there? Or is this the time not to bring that in? Oh, sorry. Okay. So, we could -- we could still do something along the line of approving this, but limiting the hours; correct? Is that correct, Madam Chair? McCarvel: We can make that recommendation -- well, it's a CUP, so that would be the -- yeah. But I mean regardless of their hours they would still have to abide by the noise ordinance regardless of how long they are open. Wheeler: Okay. I'm just thinking more than, though, just the proximity to other rural and -- like one of the gentlemen here mentioned that there is -- he has got some cattle and there is a goat farm and things of that nature, just the -- just the noise coming up or just the activity there until through 2:00 a.m., so -- those are just my only thoughts. But I'm also -- I'm also really concerned more about the fact that I live only a mile away from this site and that means that I'm probably going to be able to get there after dinner and spend a lot of hours there and I'm probably going to get your platinum membership and, then, I probably will get a better golf score, but I am just a little bit concerned on those aspects of it. McCarvel: Any other question from the Commission? Commissioner Grove? Grove: I'm not as concerned with the time aspect. I personally live a lot closer than 918 feet to the nearest 2:00 a.m. place and I don't see issues with it. I think that they have a good reputation of being able to handle the layout and should be able to adhere to what they have proposed. I don't see anything in this that negates or necessitates changes. So, I'm in favor of moving forward with this. Meridian Planning&Zoning Commission Item 1. June 17,2021 F16 Page 13 of 31 McCarvel: Okay. Grove: If anybody else doesn't mind, I will just go and make a motion. Is that okay? All right. After considering all staff, applicant, and public testimony, I move to approve file number H-2021-0033 as presented in the staff report for the hearing date of June 17th, 2021, with no modifications. Seal: Second. McCarvel: It has been moved and seconded to approve H-2021-0033. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. 5. Public Hearing Continued from June 3, 2021 for Popeyes Drive- Through (H-2021-0030) by Erik Wylie of JRW Construction, LLC, Located at 6343 N. Linder Rd. A. Request: Conditional Use Permit for a drive-through establishment within 300-feet of an existing drive-through on 1.0 acres of land in the C-G zoning district. McCarvel: Next item on the agenda --we will continue with H-2021-0030, continued from June 3rd of 2021, Popeye's Drive-Through, and we will begin with the staff report. Dodson: Sorry. Give me a second to pull everything up, please. There we go. All right. Thank you. The application before you is for a Popeye's drive-through. It is for a conditional use permit request. The site consists of one acre of land currently zoned C-G. It's located at 6343 North Linder, which is the southwest corner of Chinden and Linder. There is existing C-C zoning to the north and east. A commercial development already exists to the north and the Winco exists to the east, not yet open. Very close from my understanding, but -- the whole Orchard Park, also known as Linder Village project, is under construction to the east. C-G zoning is to the south and the west and there is already existing buildings there, except for the lot directly to the west, which is under the same ownership as this property, but has not yet developed. The proposed drive through is for a 2,325 square foot Popeye's Louisiana Kitchen Restaurant. It is within 300 feet of a separate drive-through, which is to the south. Therefore, requiring the conditional use permit. It is also subject to the specific use standards 11-4-3-11 -- or dash four dash three dash 11 . The subject site is located within the mixed use community future land use, which contemplates generally at least three land uses for every project. However, with a site that's only one acre in size it's generally not feasible. Mixed use community also discusses looking beyond the site and within the whole mixed use community area in order to meet many of the policies as it is a mixed use designation. So, when you look to the south, the west, across Chinden and Linder, there is plenty of uses within the area that are both existing and planned and with the proposed use of another restaurant staff does find that it meets the mixed use community future land use designation. Originally Meridian Planning&Zoning Commission Item 1. June 17,2021 F17 Page 14 of 31 the site plan on the left was proposed. Staff had some recommendations to change that and we did not initially support that. Therefore, the applicant requested continuance so that we could discuss the revisions that was recommended and since, then, the applicant has revised the site plan as per the memo that was addressed to the Commission late last week. The site plan has been revised as seen on the right. With the revisions made staff does support the site plan and finds that the project and proposed drive-through meet the specific use standards. In general, the -- the site plan was basically flipped north-south and east-west to make it as simple as possible, still keeping the double drive through and minimizing some of the conflicts that were shown on the original site plan. Largely the original site plan contemplated the north drive aisle, which is here, basically, and they will be constructing across the shared ownership lot here. It contemplated this being as the main. Staff finds that the southern one will likely be more utilized and, therefore, people will come in from the south and, then, around and utilize both this here as an escape lane and to the south as they pick up their food and getting it out, as noted here. Like I said, essentially, the site was just flipped east-west and north-south. There have been no written testimony for this and staff does recommend approval of the subject CUP and I will stand for any questions. McCarvel: Okay. At this time would the applicant like to make their presentation? Wylie: My name is Eric Wylie. I live at 3584 South Bear Claw Avenue in Meridian. Madam Chair, Members of the Commission, thank you for meeting with us tonight. We are excited to bring this CUP project before you. We think it's a good fit for the land. Good use of that hard corner at Chinden and Linder. Not much I can say that Joe didn't say already. We met with staff after our original plan and changed it to meet their conditions. One thing I would like to add is that the lot is currently one acre. The plan is shown at .8 acres. So, given your approval we will do a lot line adjustment to make it that .8 acres and I stand for any questions. McCarvel: Okay. Any questions for staff or the applicant? Okay. Thank you. Madam Clerk, do we have anybody signed up to testify on this application? Weatherly: Madam Chair, we do not. McCarvel: With that being said, is there anybody in the room or on Zoom that has not signed in that would like to testify? And I'm assuming, then, you have no more comments. Okay. Therefore, could I get a motion to close the public hearing on H-2021-0030? Wheeler: So moved. Seal: Second. McCarvel: It has been moved and seconded to close the public hearing on H-2021-0030. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. Meridian Planning&Zoning Commission Item 1. June 17,2021 F18 Page 15 of 31 McCarvel: We get a straightforward one and I think -- since they have worked with staff and made the adjustments to better flow I think this is pretty straightforward and -- unless anybody has any other comments or objections, we would stand for a motion. Seal: Madam Chair? McCarvel: Commissioner Seal. Seal: After considering all staff, applicant, and public testimony, I move to approve file number H-2021-0030 as presented in the staff report for the hearing date of June 17th, 2021, with no modifications. Grove: It has been moved and seconded to approve H-2021-0030. All those in favor say aye. Opposed? Motion carries. Congratulations. MOTION CARRIED: FIVE AYES. TWO ABSENT. 6. Public Hearing for ACHD Ustick Maintenance Facility (H-2021-0029) by Engineering Solutions, LLP, Located at 3764 W. Ustick Rd. A. Request: Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an Ada County Highway District (ACHD) maintenance facility on 23.7 acres. McCarvel: And now we get to open one. We will open -- find out which one we are going to open here. Item No. H-2021-0029, ACHD Ustick Maintenance Facility, and we will begin with the staff report. Dodson: Thank you, Madam Chair. This item before you tonight is for an annexation and zoning tied to the development plan. The site consists of 23.7 acres of land, currently zoned RUT, located at 3764 West Ustick Road, which as you can see is approximately a half mile west Ten Mile on the north side of Ustick. To the north is the Five Mile Creek and north of that and, more importantly, is the wastewater recovery facility, city owned, and is I-L zone. To the east is a segment of Nine Mile Creek, which -- let me go ahead and just show you that one. To the east is Nine Mile Creek, as well as a C-C zone -- or C-N zoned property, which is actually a city owned property, and is a future well and water site -- water tank site. South -- to the south is Ustick Road and, then, obviously, the existing R-4 and single family detached residential. To the west is RUT and county agriculture residential. The Comprehensive Plan designates this property as mixed use nonresidential. I would like to note out of the gate that the request for annexation and zoning is with the I-L zoning district. It is for 30.27 acres, but as noted, this other site is only 23.7. The applicant is doing the city of favor and annexing the irrigation area of the Nine Mile and Five Mile Creek, so that we do not have county enclaves in those areas. So, we do appreciate that. The proposed use for this ACHD maintenance facility falls under the public utility major within our development code. The project is proposed over Meridian Planning&Zoning Commission Item 1. June 17,2021 F19 Page 16 of 31 multiple phases from this year through 2028 and includes a number of different elements of the site, that just to be general, include a -- decant wash out area, broom shed, salt shed, truck washing scales, admin building, sleep building, and covered and uncovered storage areas. Since the publication of the staff report the applicant has provided staff an updated phasing plan, consistent with the analysis within the staff report and discussions between staff and the applicant. The major changes were moving the decant and washout area, which is noted here. It was originally within the floodplain. Moved it out of the floodplain, which is appreciated as well, and there is an existing home on site that was going to be used as a temporary office. That is no longer the case. No longer the plan. Before I get into the site plan in more detail, I did want to talk about the future land use designation, because it's very important for this site. Mixed use nonresidential is the future land use. The purpose of this designation is to designate areas where new resident -- nonresidential. Sorry. Yeah. New residential dwellings will not be permitted, as residential users are not compatible with the planned or existing uses in the area. Specifically for this site this mixed use nonresidential areas adjacent to the city's wastewater recovery facility as noted, which is a heavy industrial use and should be buffered from residential. Appropriate uses in this designation would include employment centers, professional offices, flex buildings, warehousing, industry, storage facilities and retail and other appropriate nonresidential uses. The proposed use of this maintenance facility falls into these nonresidential uses that are noted and are ideal for this future land use designation, because it will act as a buffer between the existing residential lot on the south side of Ustick and the wastewater recovery facility. The applicant is proposing to install solid fencing and the required landscape buffers adjacent to Ustick and the existing county residents directly to the west, in addition to a new public collector street segment. If the property to the west develops in the future as a nonresidential use, which is called for on the future land use map, that also includes that property. The buffer proposed for this application along the west boundary should act as an adequate transition between the uses. Despite the problem with noise associated -- associated with a maintenance facility such as this, adequate landscaping and separation from existing residences by Ustick Road, as well as the landscape buffers, they do offer appropriate separation and should mitigate the noise from trucks and machinery. In addition to the project itself, the hours of operation are an important factor in determining if it fits in this location. The applicant has stated the plan uses -- or planned hours of operation are Monday through Friday, 7.00 a.m. to 5.30, like a normal site. There will likely be occasional late nights during emergency situations. During the summer the applicant has also stated that chip seal operations require some weekend hours, but should be within the normal daytime operating hours as well. Staff, nor the applicant -- applicant can foresee emergency situations, so it is not feasible to mitigate every possibility associated with this use. Due to the likely minimal late night operation staff believes the proposed development agreement provisions and screening methods will be sufficient in mitigating any noxious consequences of the proposed use. Therefore, staff finds the proposed maintenance facility to be generally consistent with the comp plan. There is an existing county residence on the property as noted. The applicant -- and that is no longer occupied. The applicant has noted that it is going to be sold and removed from the site, instead of being used as a temporary office. Therefore, the existing driveway access to Ustick will be closed. The proposed use is a permitted use within the requested I-L zoning district, but Meridian Planning&Zoning Commission Item 1. June 17,2021 F20 Page 17 of 31 it's also subject to specific use standards. Staff's analysis finds that the proposal is consistent with the specific use standards, as well as the dimensional standards of the I- L zoning district, except for one element and that is the street setback for I-L zoning districts to roadways. It's 35 feet. The admin building shown in the southwest corner is shown at the 25 foot setback, so they will have to shift that east ten feet. Part of the screening methods used for this project is fencing. The applicant is proposing fencing -- eight foot tall chain link fence -- chain link fencing along the north and east boundaries, with two feet of barbed wire above that along -- and this fencing is also proposed to be coated in a colored and rubberized material. Along the west and south property boundaries the applicant is proposing an eight foot tall Trex fence, which is a solid fence. The proposed Trex fencing is being strategically proposed to offer the most screening and buffering to the existing residences to the south and to the west, for that matter. Eight foot tall fencing is allowed within the I-L zoning district and per the height definition of fencing, barbed wire is not included in the height measurement and is also allowed within the I-L zoning district. Access is proposed via construction of a new collector street that aligns the Naomi Avenue to the south, which is this here. The applicant is proposing to construct that as a three lane 52 foot wide street section within 74 feet of right of way, with five foot detached sidewalk on the east side, which is their site of Naomi. When the property to the west redevelops they will be expected and required to complete the street with sidewalk on their side. The submitted plan show this new road to terminate about halfway into the site and terminate in a temporary hammerhead type turnaround. ACHD has offered their approval of the proposed Naomi Avenue extension and termination on the north side of Ustick Road. Off of Naomi Avenue the applicant is proposing two driveway accesses for access into the facility and they both will be gated. Staff supports the proposed access and road improvements, which do include a deceleration lane along Ustick. Lastly, utilities for this site should be discussed. Sewer services are not currently available to the site. Therefore, the applicant is also requesting a Council waiver to delay connection to city sewer. Water is readily available. It is not entirely clear at what point utilities will be available or needed for this site, but due to the phasing and lack of sewer availability at this time, the applicant has not submitted any utility plans at this time. For future development the applicant will be required to submit these plans and continue coordinating with the city to connect to public utilities, including water, for irrigation purposes for the required landscape buffers. The applicant is having ongoing discussions with the city engineer to make a decision and come to an agreement on the best path forward for the sewer needs and timeline of this project. This is expected to be resolved prior to the City Council hearing. Staff is -- and -- staff is less worried about handling it right now, because there is the expectation this will be handled prior to City Council. The applicant and myself, we have had discussions with the city engineer, we just haven't quite made the final decision on what the alternatives will be at this time. Also within the staff report I already have DA provisions that will help the city maintain our -- I guess you could say power in the utility -- providing utility to the site. Therefore, staff does recommend approval of the requested annexation and zoning and the proposed use and I will stand for any questions. McCarvel: At this time would the applicant to come forward. Meridian Planning&Zoning Commission Item 1. June 17,2021 F21 Page 18 of 31 McKay: Thank you, Madam Chair, Members of the Commission. I'm Becky McKay with Engineering Solutions. Business address 1029 North Rosario in Meridian. I'm here this evening representing Ada County Highway District and the application that's before you. Joe, do you want to cue up my -- McCarvel: It's up on our screens and it's up on -- McKay: Oh. Nobody turned it on? Okay. That's cool. I can go ahead. As Joe indicated, Ada County Highway District has purchased this particular piece of property. It's approximately 20.75 acres in size. When we did pre-app with the city, as Joe indicated, there were a couple of enclaves, which encompassed the Five Mile Creek to the north and Nine Mile Creek, which had not been annexed into the city, so they asked us to do the city a favor, include that in this annexation request and within our exhibits and legal description. So, that's why what you see before you is 30.27 acres. The primary use for this particular project will be for an ACHD maintenance facility. They will have administrative office, fleet maintenance, parts and weld shop, broom drainage, trucks storage buildings, salt and sand shed. Truck scales, truck wash building, decant area, fuel tanks, which will be above ground, covered storage, magnesium tanks and employee parking and, then, some open material storage at the site. Their plans for this particular site are eight phases, starting in 2021 and going until 2028. We have submitted to your staff a phasing plan, so the staff could look and see what those phases would look like. One of the key things that the district wanted to do was, obviously, start establishing that perimeter landscaping along Ustick Road, which is a minor arterial and get that vegetation growing and -- and meet all the requirements for adequate arterial buffering. North is your Meridian wastewater treatment plant. This particular piece of property is within the influence area where you have the wastewater treatment overlay zone, so no residential uses or any uses that may have problems coexisting with your wastewater treatment plant are allowed. So, ACHD looked at this particular site and said, you know, this -- this, obviously, is a good area for this type of use. The city has purchased the land just to the east of us. There will be a future water tank and well on that property and, then, in this particular area we have a mixture of uses, single family. Wilkins Ranch, and Dakota Ridge are to the south. I did both those subdivisions a long time ago. They are on the south side of Ustick outside of that radius. McNelis Sub is to the east of us. I did that one. That has a mixture of retail and it has a C-store and a variety of uses that can coexist. There is mini storage in the area. So, this is kind of a hodgepodge area, but north of Ustick everything needs to be compatible with that wastewater treatment plant. We did have a neighborhood meeting on this particular property. We had three people in attendance. All three of them were glad that this site's being utilized for this type of use. No one was opposed to the project. Primary concerns were landscaping and as far as adequate buffering and, then, they wanted to know when Ustick would be improved and widened. Here is the overall phasing plan that we provided to the staff. Kind of shows you what the site looks like. Obviously, we wanted to make sure that we oriented the building next to Ustick Road, consistent with your Comprehensive Plan and your commercial design guidelines, where it says, you know, put your -- put your buildings up next to the arterials, internalize your parking or -- and the uses that are more intensive are, obviously, further north into the site, closer to the treatment plant. There are two Meridian Planning&Zoning Commission Item 1. June 17,2021 F22 Page 19 of 31 existing maintenance facilities that Ada County Highway District has in the valley right now. One is, obviously, down on Garden -- at Garden City on Adams. The other one is over at Cloverdale Road and -- what is it -- Emerald and so there is a definite need in this valley for something out in the western portion in the Meridian area with the -- with the rapid growth, to provide adequate services and maintenance for ACHD facilities. As -- so, there is an aerial. You can see the wastewater treatment plant is, obviously, the predominant use. This kind of shows you -- it's turned on its side, so -- so north is to the left. You can see that we kind of did a colored site plan. That was to give the Commission and the staff kind of a better idea of this conceptual plan and I want to emphasize that this is a conceptual plan only for the benefit of this annexation. Obviously, the highway district will hire an architect who will, then, obviously, come in, do the actual design of the structures and this site plan is, obviously, subject to change, but we wanted to give the Commission an idea of what it would look like, so you can see that we kind of have an L storage structure, the administration building, and, then, the parts and shop are kind of along that Ustick corridor. We have two approaches. The highway district will build Naomi, which is a collector roadway to the north. It will terminate eventually. It will go on to the west serving the adjoining property. Right now the adjoining property on the west side is a residence. An elderly woman lives there. The district has talked to her, has talked to her son about the -- the use here. That property cannot develop as residential, it would have to be some type of a compatible light industrial or commercial use also if it were to redevelop in the future. Since that residential use does exist we were required by staff to provide a 25 foot landscaped buffer adjacent to Naomi and adjacent to that property to provide adequate buffering. One of the things that we did with this particular site is everything in here as far as parking is concerned is a pull through to minimize the backup beepers. This site, obviously, will operate, you know, kind of standard hours, starting around 7:00, 7:30 in the morning until 5:30. However, during the winter months the crews do the snow and maintenance of our roadway network. During the snowy season can be called out in the middle of the night to come and get these -- the -- the trucks, the plows, the -- the salt and -- and sand trucks and take them out and do their maintenance purposes. Also as Joe indicated, in the summer months the chip seal crews may be out on the weekends getting things done. One of the things that was brought up to us was your pathway committee indicated that they had retained TO Engineers to design a pedestrian multi-use pathway along Five Mile Creek. So, we did get a CAD file from the city's consultant. We did incorporate it into this site. The staff report indicates that ACHD will construct the ten foot wide multi-use pathway adjacent to Five Mile Creek, but it would only be for their frontage and there was some discussion in there about -- they would also construct the bridge. That is not the case. The bridge is off site. That's part of the city parks department project for making connection to the multi-use pathway that we designed and constructed in McNelis Subdivision and, then, connecting to this multi-use pathway. We would have some type of more -- we talked to the pathway committee about installing some trees and fescue, because we don't want to have like a manicured type five foot buffer adjacent to that multi-use pathway. We would have a chain link. It would be coated and colored, so it doesn't look --you know, so I guess steel looking like chain link does and, then, for the district's safety of their -- of their equipment and the public safety, that fence would be eight feet and, then, it would have like a barbed wire top. We did provide some picture of some Trex fencing that would be built along the Meridian Planning&Zoning Commission Item 1. June 17,2021 F23 Page 20 of 31 western edge and, then, would be built along Ustick. We utilized that fencing to buffer the site, but, however, since these -- some of these buildings -- buildings will be under the commercial design guidelines, we don't want -- if the building looks aesthetically great we don't want it, obviously, fenced off and not visible to -- to that Ustick corridor. This -- this, like I said, is the phasing plan. You can see the district's going to kind of take steps as they go along, as their budget allows, to start developing this site. We broke it down into different sections, so they will be storing some materials on the northern boundary in 2021 and, then, you see they -- on 2022 they come in and they established that landscape buffer. They will be -- they are going to widen Ustick. They will put a 300 foot turn lane and, then, build the Naomi collector. Naomi to the south is also a collector. When I did those subdivisions there is an elementary school. So, it is anticipated that that will be a signalized intersection. ACHD will signalize that intersection. There are two approaches to Naomi. They have no direct lot access to Ustick. Those will be gated. We have enough room where we have inset the gates a significant amount, so that a semi truck or a large truck could pull in and they wouldn't block any traffic in Naomi when it finally connects and goes onward to the west. You can see they will have a decant center. They have -- as these different -- these colors change, those represent what they are going to be building, so they will have above ground fuel tanks. We are in a flood way, in a floodplain, so we did locate any of the uses that would conflict with the floodplain or the floodway, they will be required to, obviously, get a floodplain permit from the City of Meridian and meet all the FEMA requirements. So, this -- oops. This kind of shows you what the finished site looks like. One of the things that I wanted to address was the utilities. Right now there is a 12 inch water main in Ustick Road. In meeting with your staff they have indicated that there is adequate water supply to provide fire flow to this site. Right now this is in the North Black Cat sewer trunk shed and that Black Cat sewer is in a subdivision approximately 2,600 feet to the northeast. So, one of the -- the alternatives that we talked to the Public Works Department about -- I did chat with Warren Stewart about was the possibility -- there is sewer right down in Ustick at the intersection --where is my pointer? There is sewer down in Ustick here, but there is not enough depth to sewer this property. So, one of the options that we have used -- that's the Ten Mile Trunk, so it goes over to the east to Ten Mile and, then, into the plant. One of the alternatives that we have used in other instances where we have encountered this situation -- if, by chance, the highway district phasing accelerates and they need to build that administrative building or build the shop, they need -- obviously, need central sewer and restrooms. We put in what we call a grinder pump with a small wet well. Falls under the plumbing code. And, then, we build a small pressure line and it runs back to the nearest manhole. That would just be an interim alternative way of sewering back into Meridian, then, when that trunk becomes available, then, we will be able to make connection to it. So, we are going to try to work out some of the details with Warren. Obviously, we don't have any civil engineering plans on the site at this time, since this is conceptual in nature only. This is the existing home that's on the property. Initially when we submitted application they were going to use it as a temporary interim administrative building. That plan has since kind of gone by the wayside. It's difficult to convert single family into commercial use where you have got to meet ADA and bring it up to the commercial codes. So, my understanding is they will be selling the home and it will be moved off of the site. You can see the Ustick corridor currently. It's just two lanes. There Meridian Planning&Zoning Commission Item 1. June 17,2021 F24] Page 21 of 31 is no curb, gutter, or sidewalk. We will be installing a 35 foot landscape buffer -- or a 25 foot landscape buffer. The buildings will be set back 35 feet north and, then, a detached walk and, then, widening and a turn lane. This is --this is a view to the west. The property -- the majority of it's in agricultural production. There is a small house -- or the home they are on a small little bit that -- with lawn and trees. This is the eastern boundary, the common boundary with the City of Meridian's property that they intend to put a water tank and a well. So, we feel that -- that this is a compatible use. It's consistent with your Comprehensive Plan. It's a public use. Will benefit the community of Meridian and ACHD is committed, like I said, with an eight year plan to start developing this site as their budget allows. This is the Trex fencing that -- that we talked about using aesthetically and be very pleasing, be compatible with that adjoining residence to the west and we would use it if -- in between buildings to, obviously, secure the site and to create a visual barrier. Here is the -- kind of architectural color coded fencing. They come in different colors, browns, greens. The greens I like better, because they kind of blend in with landscaping. The district is here this evening. I have three representatives, Heather, Lloyd and Jennifer, that if the Commission has any specific questions to ask of them they are here to answer those. McCarvel: Any questions for staff or the applicant at this time? Wheeler: Madam Chair? McCarvel: Commissioner Wheeler. Wheeler: Thank you for your presentation. I have one question. If we can go back to the slide we were talking about the phasing. If I saw that correctly, it looked like the decel lane off the road is not to happen until -- not scheduled to be phased in until 2024? McKay: I think the rebuild of Ustick is scheduled for 2024 from Ten Mile to Linder. Wheeler: Okay. McKay: So, they would be making those improvements at -- instead of going in and just doing an interim improvement and scabbing onto the existing payment, they would be going in and doing a rebuild in 2024. Wheeler: Okay. And, then, I'm also looking at the phasing on this. If we go back to phase one it looks like it's just going to be lightly used up to that point. McKay: Yes. Wheeler: It's just got a gravel area there that's -- McKay: Quarter -- some three-quarter piles that they may use out in the Meridian area. Meridian Planning&Zoning Commission Item 1. June 17,2021 F25] Page 22 of 31 Wheeler: Okay. And, then, if we go to phase two -- I'm just trying to make sure -- so, you -- I hope we can kind of put the pieces together. I'm just concerned that all of a sudden you are going to have larger trucks that are going to be blocking up a two way -- two lane country road that doesn't have a decel lane to get out of the way and, then, you are going to have problems with passing or even entering and stuff like that. So, with that being phased in for another three years after the site's developed and ready to use, that's just the -- that's kind of the concern here. McKay: Madam Chair, Commissioner Wheeler, the -- the district in this phasing has always indicated to me that this is their best guess and so, obviously, when -- when they start utilizing the site where they are going to need a lot-- generate a considerable amount of truck traffic, that's, obviously, going to have to coincide with some improvements out there. I can have Lloyd -- Lloyd, do you want to address that? Carnegie: Hello. Commission. Lloyd Carnegie. Maintenance manager of ACHD. Do I need to give my address? McCarvel: Yes. Carnegie: 3775 Adams Street, Garden City. 83714. So, the phasing strategy is the first couple phases is just kind of development of the site. We won't be basing our operations out of that site at first, because we still have to phase in equipment, manpower, and that will be -- will be housing out of Cloverdale shop until this site's developed enough that we have to start moving our operations to that, which would be once the Ustick Road has been developed and the lane and the intersection. Wheeler: Okay. Thank you. Seal: Madam Chair, while -- while he is up there -- McCarvel: Yes, Commissioner Seal. Come on back. Seal: I was -- I was going to say, it was mentioned 2024. Just right from the ACHD report on this project it says 2026 to 2030 is when that road will be developed. Carnegie: In the integrated five year plan -- Seal: And I -- and I live in this mess that is Ustick and Black Cat, so -- Carnegie: I believe that we are looking to accelerate it in our integrated five year work plan, which I believe is going to be going before our Commission, so our hopes is to get that accelerated, so that it would be designed in '22, with right of way in '23 and construction in '24. Seal: Okay. Thank you. And I have -- share the similar -- and, again, I live right in this area, so I -- my son takes the bus on here. He doesn't actually go to Ponderosa, but I Meridian Planning&Zoning Commission Item 1. June 17,2021 F26] Page 23 of 31 can tell you that it is -- it's -- it's a mess. I mean -- but when you get buses and trucks and everything else in there it's -- it becomes kind of a nightmare. So, just a question for staff is is there -- can we condition it in any shape -- way, shape, or form that -- Dodson: Madam Chair? Seal: Because I'm concerned we have -- you know, we have heavy trucks that are going to be competing with buses and everything and -- I mean the section that you are building in Naomi is actually wider than Ustick is right now, so that's --to me that's a huge concern. Dodson: Madam Chair, Members of the Commission, Commissioner Seal, that -- you can recommend an additional condition or DA provision that limits -- I would say their -- I guess their initial build out when they can start utilizing the site. I will say that within the DA provisions already I do have that they will construct the multi-use pathway segment on the north, the detached sidewalks along Ustick and Naomi, the five foot micro path on the west side and the landscape buffers with the first phase. So, there is the expectation and a requirement for them to construction those improvements and buffering with the first phase. But I did not say that they couldn't do the gravel and paved open storage until the road was widened. So, if you -- Commission can recommend that, obviously, the applicant could, can, then ask Council to remove it or they may keep it, but Commission has the power to recommend an additional provision, yes. Seal: Okay. Thank you. McCarvel: I guess if that's the direction we are going do you want to have a little more conversation about phasing and how -- the traffic in the initial phase? Seal: Yeah. Absolutely. I mean at what phase do you see large trucks coming in and operating in that area? I mean as far as -- and -- and -- yeah. And, again, the concern is just the competition of traffic there. It's already really crazy. I mean it's -- it's just the -- the road is a parking lot at certain times of the day. Most roads in our area are, but more -- you know, more so in this -- this particular area and with you sharing that, you know, the arterial street Naomi with -- you know, across the street, getting that signalized and getting that improved would definitely be something that I would want to see before any -- before we have competing traffic, especially with heavy trucks. Carnegie: We take that account. Definitely. We wouldn't want our trucks having to try to get onto Ustick without that signalized intersection, because it would just be very difficult and unsafe. I believe our initial plan, if all goes well, is phase four is when we would start basing some operations out there, once we actually have the drainage shed, our broom shed where equipment actually can be stored, materials could be stored and that's also in line with when Ustick hopefully will be widened in that intersection. Seal: Okay. Thank you. Appreciate that. McCarvel: Okay. Meridian Planning&Zoning Commission Item 1. June 17,2021 F27 Page 24 of 31 Carnegie: Is that -- Seal: We want to make sure you get your steps in tonight, so -- McCarvel: Any other questions for staff? Grove: Madam Chair, I don't know who would answer this, but was there consideration on using that Trex fencing along the northern boundary adjacent to the pathway? Dodson: Commissioner Grove -- or Becky. McKay: Madam Chair, Becky McKay. We have to have non-sight obscuring fencing next to the pathway for safety purposes, so we have visibility on the multi-use pathway. So, that's why they didn't want it. McCarvel: Commissioner Wheeler? Wheeler: Thank you, Madam Chair. Another question here for staff. On the decel lane does it always have to be paved? Is that something that's a requirement on that? Dodson: That might be more of a question for ACHD, sir, but -- Wheeler: Okay. I was curious what you might see. Dodson: In general we -- it has to be able to hold -- usually a fire truck is what it's always rated, so we would want it paved, yes. It's not something we would say, yeah, we are going to throw gravel on the shoulder and watch the trucks tip over. It might be fun to watch, but not very fun to clean up. Wheeler: Well, obviously, that's not what I'm wanting, but it's about to that level, so -- Dodson: Yes, sir. No, it should be paved, yes. And graded correctly. Wheeler: Okay. And, then, how -- I have a question for the applicant here. How high is that Trex fencing or the paneling going to be that's on the south side of the property? McKay: Madam Chair, Commissioner Wheeler, it's eight feet. Wheeler: Okay. McKay: That's -- that's the -- the tallest fence you can have in an industrial zone. Wheeler: Okay. Thank you. McCarvel: Okay. I do have a question for you, Becky. I'm almost sure of the answer, but I just want to double check. You said there -- this is -- it could be revised after you Meridian Planning&Zoning Commission Item 1. June 17,2021 F28 Page 25 of 31 get the architects going, but the plan, obviously, would still be to have the buildings up by Ustick and the usage -- the storage usage in the back, obviously. McKay: Yes. Madam Chair, we spent-- I spent multiple -- multiple months with the district going back and forth touring their -- their existing sites and, then, giving them my recommendations based on the fact that -- that the city likes to have those buildings oriented up toward this --towards the arterials, so -- so, I don't-- I don't see that changing. They bought off on that as, yes, that makes sense to us. We want to have a -- our administrative building look good. We want the Ustick corridor to -- to be attractive, so, yeah, they bought into that. So, I don't -- I don't see that changing. It would just kind of be -- you know, the internal things might shift a little bit. But this -- this represented all of the uses they intend for the site. McCarvel: Thanks. I just wanted to clear that on the record. Thanks. Dodson: Madam Chair? McCarvel: Yeah. Joe. Dodson: Just to clarify that even further, the -- I did require in the DA that the -- because it's an I-L zone, have to go through design review for any non-residential uses; right? required that they have the -- meet the commercial standards, rather than the industrial, which will help with that on Ustick, which the applicant -- they are fine with that. McCarvel: Okay. Seal: Madam Chair? McCarvel: Yeah. Commissioner Seal. Seal: Quick question for staff. The -- the pathway they are constructing, it does need a bridge. Is there an indication from parks when that bridge will be put in. Are they going to do it at the same time or will that be coordinated? Dodson: Commissioner Seal, Members of the Commission, I have not been told their timing on that, but my -- my assumption is that because we will have this little segment missing that they will want to do that as quickly as possible, because it will create a nice loop from Ustick all the way around the property through the McNelis Subdivision to get up to Ten Mile. So, my assumption is that they will want to do that as soon as possible, as soon as this segment is in. But I have not been told specifics, no. Seal: Okay. Thank you. McKay: And, Madam Chair, Commissioner Seal, when --when the district installs Naomi with the detached sidewalks here -- so, we will have detached walks along Ustick, detached walks along Naomi, then, I also included in our 25 foot buffer a five foot path -- Meridian Planning&Zoning Commission Item 1. June 17,2021 F29 Page 26 of 31 micro path that runs down and connects to that ten foot multi-use pathway. So, we will, obviously -- when that is signalized, then, people south of Ustick can get safely to the multi-use pathway via the signalized intersection. McCarvel: Okay. Thank you. Any other questions for staff or the applicant? Okay. Madam Clerk, do we have anybody signed in to testify on this application? Weatherly: Madam Chair, we do not. McCarvel: That being said, is there anybody who does wish to testify, please, raise your hand. With that, does the applicant have any further comment? Okay. Can I get a motion to close the public hearing on H-2021-0029? Seal: So moved. Lorcher: Second. McCarvel: It has been moved and seconded to closed the public hearing on H-2021- 0029. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: Madam Chair? McCarvel: Commissioner Seal. Seal: I will start out. I have already thrown my concerns out there. I do think we should provision this somehow to make sure that we are not getting truck traffic before the road is widened. It sounds like they want to accelerate that schedule, which I am more than happy to hear reported here, because it definitely means that -- that that region is -- that area road is -- is tough. So, I think we should probably provision something in there to make sure that -- make sure that the phase four coincides with the road widening. I am extremely happy that they are doing what they are doing with the pathways there. As somebody that rides that path three times a week, as I go to work and back, can tell you that that is an amazing addition, especially when that gets signalized, because there is no safe way to cross Ustick there. You have a -- it's a beautiful path that dead ends on one of the unsafest stretches of road imaginable. I'm less concerned about the noise and operation of it. I think enough people will understand -- and even if there is a little bit generated there, I think enough people -- myself included -- will understand, you know, what having that presence there means, you know, when we get inclement weather or snow -- we have another Snowmageddon, our road is going to be taken care of first. So, that's a very nice thing, considering that we were kind of in one of those little squeeze alleys where I don't think anybody liked to drive that road, so very good to know that that's -- that's there and, you know, the maintenance is going to be there and the growth of the city is going to be -- you know, help with services like this that are going to be readily available within -- within the areas that are having explosive growth right now. That is Meridian Planning&Zoning Commission Item 1. June 17,2021 F30 Page 27 of 31 about all I have. Like said, I'm -- I'm happy to see this come in, so my only -- only hesitation on it is just needing the road to be widened before we really get some heavy truck traffic in there. McCarvel: I would -- I would tend to agree with that and I do want to mention -- I do appreciate the comment on the thought that went into making this more of a pull through, so you don't have the backing up. As much beeping. So, yeah, I think it's a great use for the space in this area and a nice transition with the office areas at the front. Any other thoughts? Commissioner Grove. Grove: I don't see any issues with how it's been presented and the discussion that we have had so far. I think having that -- getting the landscaping there and kind of making, you know, something like this looks nice from the street as much as possible is great, but this is a good use of that space, especially if -- if you have toured the -- the wastewater treatment plant you don't want to be downwind of that too much, so I applaud you for taking that on. But this is a good use of that space. Wheeler: Madam Chair? McCarvel: Commissioner Wheeler. Wheeler: Yes, I think this is a great use of this space here. I like the way that it all has the drive aisles moving forward, keeping things moving in a good direction and it does help out -- one of our Commissioners commutes here with this road there, so -- no, just kidding with that. But I do like the fact that there is not a lot of the backup and I like the way that it's phased, too. But, still, there is going to have to -- the way that I'm kind of seeing this even on the phasing side is there is still going to be larger vehicles that are going to have to come by that's going to -- that are going to have to, you know, grade, excavate, move, pave, things of this nature still on a two lane road and I just think it's good to get them off of the main flow before, you know, something happens and I know that they can, you know, patch up the street if they need to or make it -- you know, seam it into the next extension on it, but that would be some sort of discussion or talk about how to have a decel lane there, either before, you know, operations open or during even the -- some of the more major construction side of things and I don't know exactly how to phase -- or phrase that in a motion on this of what we have the parameters to do. Staff, do you have any input on that or -- Dodson: I'm thinking. I might be able to give you something. One thing Commissioners could use is you can just recommend that we work with the applicant on some verbiage, as well as, you know, applicable to the city as what we can and can't enforce. That's really the key point there is we are able to condition something, but how do we really enforce it when it comes to the improvements. They -- we don't do grading permits here, so for them to grade the site and move dirt around and start that, they are -- they can do that. There is nothing to stop them. Which, obviously, you get a grader out there, you are already going to have a truck -- going to have a big truck out there. So, I understand your concern. My point is just that it would have to be associated with something that Meridian Planning&Zoning Commission Item 1. June 17,2021 F31 Page 28 of 31 triggers a permit where, then, we can look at it, which I already have some discussion of that in my staff report within the provisions for when they have to do the first certificate of zoning compliance, which would be first site improvements, quote, unquote, which would be paving, that's an improvement. Anytime they are going to pave the site is going to trigger a certificate of zoning compliance, which, then, now the city has the ability to condition things or check that previous conditions have been met. So, the verbiage could -- could be worked out. I would say -- I would ask that you just leave it a little open for staff to have our ability to work with the applicant, as well as other staff to figure that out. Wheeler: Sure. Okay. McCarvel: Commissioner Lorcher? Lorcher: I live in that area as well, Madam Chair, and we -- we actually have property at Ustick and McDermott. There is hundreds of large trucks going by Ustick every day between Owyhee High School, all the subdivisions that are going out on McDermott and McMillan, and ACHD is putting a traffic light in at Black Cat and Ustick. They are getting ready to put turn lanes in at Ustick and McDermott for anticipation of traffic for the high school. So, the fact that there are already big trucks enjoying their Jake brakes all day long up and down Ustick and those of us who work and live over there are very used to that and you just -- it's just a work around, you know, for Commissioner Seal and his family, you just kind of figure it out. I don't have a problem with the phasing in of the trucks. ACHD is not going to bring their traffic in until they are ready to do so. But to -- to expect that there is no big truck traffic on Ustick right now is -- it's there. It's already here and -- and it's -- and, then, I -- and, then, 2022 is when ITD is going to be starting Highway 16, so there will be more. So, this is just going to be part of this part of the community for the next eight years really. So, they know the roads better than anyone and how to move their equipment around and I -- I have no problem with how this is being presented, without any modifications. But I will support whatever you feel that you want to do. Wheeler: Okay. Thank you. McCarvel: Commissioner Seal. Seal: There has been several times that we have had people submit applications and we have had to say if only the roads were better. So, now that we have ACHD submitting an application, I want to make sure that the roads are better before this goes in, because they are the deciding body on this. So, that's -- personally that's why I would like to provision something in there to make sure that their phase four hinges on the widening of Ustick Road. That's -- that's my personal opinion on it. So, I'm -- you know, I'm having to wear two hats today. As a commissioner -- you know, I mean I'm looking at this, I'm excited about it, there is a lot of things that are that are great about it. I also share the concerns about traffic, but living in the area I also have to wear that hat, too, having kids running around in the area, I have to wear that hat, too. So, there is a lot of really good things about it, but I just definitely want to make sure that the -- you know, the phase four Meridian Planning&Zoning Commission Item 1. June 17,2021 F32 Page 29 of 31 construction of this. I don't want to slow it down. I just want to make sure that the road's improvement piece of this hinges on their -- the phase -- phase four completion hinges on the widening of Ustick Road. McCarvel: Yeah. I think you make the recommendation on the phase four. I think the -- the turnout -- I don't know. The decel lane, you know, while they are doing those first couple of phases I don't think it's going to be utilized --the facility is not going to be utilized until they get to phase four. I mean in it's -- Seal: Absolutely. McCarvel: -- work capacity, so -- Seal: And Commissioner Lorcher is right, I mean there -- there is -- there is trucks that -- I mean there is no getting away from construction any -- anywhere that we go, so I just -- again, we have the deciding body that can widen that road -- committing to widening the road. So, I just want to make sure that we -- we do that. McCarvel: Yeah. Because how much are you still widening in -- Seal: Let's take that opportunity. Yeah. Because we have this discussion at every meeting, the traffic or the roads, so -- Wheeler: Madam Chair? McCarvel: Commissioner Wheeler. Wheeler: Commissioner Seal, what do you think about something along the lines of not just conditional on phase four, because sometimes those parts that go into it can change, because this is just a comp, right, and just kind of a target area. Maybe before operations start there or maybe it's being used or C of O -- I mean I don't know how you -- what -- what would be the trigger on this, but, you know, something like what staff was saying, something that could -- where they would also be able to work with the applicant and be able to have some latitude, too. Maybe buy a permit -- a certain permit or something. Seal: Madam Chair? McCarvel: Commissioner Seal. Seal: Question more for Joe, you know, just in -- and you are right, this is a proposed plan that we have here, so I mean -- and that's what I was looking at is, basically, the proposed phase four completion is how I had it written, but what is the trigger for phase four that we would recognize that--that when that comes to the city staff that this is phase four, this is when the road needs to be widened, is it widened, is it not. And I -- I struggle with that wording for a motion myself. Meridian Planning&Zoning Commission Item 1. June 17,2021 F33] Page 30 of 31 Dodson: Understood. Yes, sir. Commissioner Seal, Commissioners, they are going to trigger a CZC before phase four anyways because of the landscaping. At that point we would -- we could verify whether or not they have widened the road, but if you -- we will -- staff, as well as the city, we want the landscaping to be installed as close to the front of this as possible, so that the vegetation is at least close to maturity and growing by the time the actual use of the site gets done. I don't necessarily want to delay that, but I see your points. I do. You could add a condition in there that says, you know, they can't get their first CZC until the road has widened, but, again, that slows all of it down. So, I don't know if you necessarily want to do that. But my understanding is that they really won't be utilizing much of the site until 2024 because of the signal already, so I don't know if we are allowed to do actual timing, but, again, timing changes, so I don't know if putting a year on it is probably not a good idea. You could just say per the phasing they are not allowed to obtain a CZC for any building until the road is widened, because the phasing is showing that with the right turn lane they will also have additional buildings, which will require and be part of the CZC. Seal: Is there something that triggers when that phase is complete or is it basically there is something in there that says, yes, you can start, but there is nothing in there that really says it's complete? Dodson: The completeness part would be they are going to have to pull some kind of building permits for these. Seal: Okay. Dodson: So, whenever -- it won't be CO, because none of them have occupancy. They are just storage things. But there will be building permits and with -- to which we have to sign off. Seal: Okay. And I think that's -- I don't want to delay anything, but I definitely want to hinge this on there, you know, somehow and I mean everybody is here, I think everybody -- I don't want to belabor the point, but I just want to make sure that we get the right verbiage in there. So, I think what I would propose is on their proposed phase four completion, that, you know, to include every -- the agency's heavy truck traffic will to be dependent on widening the Ustick Road and signalizing. I mean I think that's probably enough to -- I think everybody will understand the intent. Dodson: I think so. I think that's safe. I think that's what -- frankly, I think that's what ACHD is planning on doing anyways, so -- understood. Seal: Okay. Thank you. McCarvel: Commissioner Seal. Seal: Okay. Madam Chair, after considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number H-2021-0029 as Meridian Planning&Zoning Commission Item 1. June 17,2021 F34 Page 31 of 31 presented in the staff report for the hearing date of June 17th, 2021, with the following modifications: That the proposed -- proposed phase four completion to allow the agency's heavy truck traffic will be dependent upon widening Ustick Road and signalizing Naomi Avenue. Wheeler: Second. McCarvel: It has been moved and seconded to recommend approval for H-2021-0029 with modifications. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED FIVE AYES. TWO ABSENT. McCarvel: One more motion, please. Wheeler: I move we adjourn. Seal: Second. McCarvel: It has been moved and seconded to adjourn the June 17th meeting Planning and Zoning Meeting. All those in favor say aye. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 7:44 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED 7 1 1 12021 RHONDA MCCARVEL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK By Adrienne Weatherly, Deputy City Clerk Item 1. 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 3, 2021 Planning and Zoning Commission Meeting Meridian Planning&Zoning Commission Item 1. June 3,2021 F28 Page 25 of 25 MOTION CARRIED: SIX AYES. ONE ABSENT. Cassinelli: Madam Chair, I move we adjourn. Yearsley: Second. McCarvel: It has been moved and seconded that we adjourn eight minutes past -- Cassinelli: Got the over. McCarvel: -- on the official bets. All those -- all those in favor say aye. Opposed? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. MEETING ADJOURNED AT 7:07 P. M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 6 117 12021 RHONDA MCCARVEL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Item 2. 29 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Gramercy Commons (H-2021-0023) by Intermountain Pacific, LLC, Located at 1873, 1925, and 2069 S. Wells Ave. Item 2. F30 CITY OF MERIDIAN E IDIAN .,.. FINDINGS OF FACT, CONCLUSIONS OF LAW �` AND IDAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for a multi-family development consisting of 164 age-restricted units within a multi-story building wrapped around a multi-story parking garage on 5.24 acres of land in the C-G zoning district,for Gramercy Commons,Located at 1873, 1925,and 2069 S.Wells Avenue,by Intermountain Pacific,LLC. Case No(s).H-2021-0023 For the Planning& Zoning Commission Hearing Date of: June 3,2021 (Findings on June 17,2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 3, 2021, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 3,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 3,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 3,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).Gramercy Commons CUP—H-2021-0023 Page 1 Item 2. 31 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of June 3,2021,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning &Zoning Commission's authority as provided in Meridian City Code § I I- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Conditional Use Permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of June 3,2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-513-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-513-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff report for the hearing date of June 3, 2021 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).Gramercy Commons CUP—H-2021-0023 Page 2 Item 2. 32 By action of the Planning&Zoning Commission at its regular meeting held on the 17th day of June, 2021. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED COMMISSIONER LISA HOLLAND VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER WILLIAM CASSINELLI VOTED COMMISSIONER NICK GROVE VOTED COMMISSIONER MARIA LORCHER VOTED Rhonda McCarvel, Chairman 6-17-2021 Attest: Chris Johnson,City Clerk 6-17-2021 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 6-17-2021 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).Gramercy Commons CUP—H-2021-0023 Page 3 Item 2. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 3,2021 Legend -' DATE: ® ,r Project Location --- TO: Planning&Zoning Commission _ FROM: Joseph Dodson,Associate Planner 208-884-5533 m SUBJECT: H-2010-0023 • i Gramercy Commons CUP 9ramj - LOCATION: The site is located at 1873, 1925,and 2069 S.Wells Avenue, in the NW 1/4 of � D the NE 1/4 of Section 20,Township 3N., Range lE. pIlIq I. PROJECT DESCRIPTION Conditional Use Permit request for a multi-family development consisting of 164 age-restricted units within a multi-story building wrapped around a multi-story parking garage on 5.24 acres of land in the C-G zoning district,by Intermountain Pacific,LLC. Applicant has received City Council approval of a concurrent Development Agreement Modification (H- 2021-0022) to conceptually develop an age-restricted multi family development specific to the terms of the amended development agreement not yet recorded. The purpose of this application is to ensure compliance with the specific use standards in UDC 11-4-3-27. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 6.9 acres overall(C-G zoning district)—proposed W development is occurring on 5.24 of the 6.9 acres. Future Land Use Designation Mixed Use Regional Existing Land Use(s) Vacant Proposed Land Use(s) Multi-Family Residential and future Commercial Lots(#and type;bldg./common) 3 existing commercial building lots—property boundary adjustment to consolidate lots will be required Phasing Plan(#of phases) Proposed as one phase for the residential.Unknown timeline for future commercial. Number of Residential Units(type 164 multi-family units—proposed as age-restricted,55 of units) years and older. Density(gross&net) Gross—31.3 du/ac.;Net—46.3 du/ac. Page 1 Item 2. F34 Description Details Page Open Space(acres,total 55,120 square feet of qualified open space proposed— [%]/buffer/qualified) 42,000 square feet of qualified common open space proposed(approximately 18%overall). 13,120 square feet of private open space proposed. Amenities At a minimum,five(5)amenities are proposed—Plaza with public art and picnic tables,courtyard with BBQs& firepits,sports court,community garden,and an additional courtyard that includes a swimming pool,grilling areas, lounges,and outdoor games.Further Staff analysis is below in Section V. Physical Features(waterways, N/A hazards,flood plain,hillside) Neighborhood meeting date;#of March 11,2021 —no attendees attendees: History(previous approvals) Part of Gramercy Subdivision(Kenai Subdivision)—AZ- 06-007,DA Inst. 106141056;PP-06-019;FP-06-048;and H-2021-0022(MDA). B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes(simple response letter)No TIS required • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via driveway connections to existing Hwy/Local)(Existing and drive aisles—two along the east boundary,and one along the Proposed) north boundary. Stub Street/Interconnectivity/Cross Interconnectivity is proposed through the aforementioned Access drive aisles that connect to S.Wells Avenue,a local i commercial street. Existing Road Network S.Wells Avenue and E. Goldstone Street are existing public roads near the project site.Project does not take direct access to either public road but utilizes existing drive aisles. Existing Arterial Sidewalks/ Not adjacent to any arterials. Closest arterial is Overland Buffers Road to the north and has existing arterial sidewalks and landscape buffers.Eagle Road is nearly''/2 mile to the east and is also improved with buffers and arterial sidewalks. Proposed Road Improvements No public road improvements are proposed or required, according to ACHD. Distance to nearest City Park(+ Gordon Harris Park-9 acres in size and approximately 800 size) feet south of subject site. Gramercy Subdivision also has a 0.8 acre park that is approximately 250 feet to the southeast.It is presumed future residents of this project would be able to utilize this shared area but Applicant should confirm. Fire Service • Distance to Fire Station Approximately 0.9 miles from Fire Station#4 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Concerns The fire department has no concerns with proposed development and/or location of proposed development. Police Service Page 2 Item 2. ■ Description Details Page No comments West Ada School District No comments submitted. Wastewater • Distance to Sewer Services Adjacent • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.14 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Additional 17,011 gpd committed to model •There is a sewer main at the north end of the property in addition to a service line at the south.Whichever one is not used needs to be abandoned at the main per City requirements. Watcr • Distance to Services Directly adjacent • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes I Master Plan • Impacts/Concerns •There is an existing 8"water main stub at both the north and south boundaries that either needs to be used or abandoned. C. Project Maps Future Land Use Map Aerial Map Legend0 Legend x Project Location Project Location o � o e a OVERLAND Offi rIM Commerdial �� 'r 7 MU-RG Civic �- • -77 3 3 Meum,Density Resident al U-C Page 3 Item 2. F36 Zoning Map Planned Development Map Legend 0 1 Legend Project Location L-� -L 0 Project Location ' City Limits C IC Planned Parcels ' C-G R1 _C C-G C-C L-O ----I-- �- -c-C R-8 i 1 13 - R- R R O l� j TN-R — j — 3 R1 ® j �R-4 Rl RUT C-iC III. APPLICANT INFORMATION A. Applicant: Mike Chidester,Intermountain Pacific, LLC—2541 E. Gala Street,Meridian, ID 83642 B. Owners: St. Luke's Regional Medical Center,LTD.; The Dagney Group,LLC, and; Elton Family Fund 1,LLC C. Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 5/14/2021 Radius notification mailed to properties within 500 feet 5/11/2021 Public hearing notice sign posted 5/19/2021 on site Nextdoor posting 5/12/2021 V. STAFF ANALYSIS A. COMPREHENSIVE PLAN(https:llwww.meridiancioy.or /�compplan): This property is designated MU-R(Mixed Use—Regional)on the Future Land Use Map(FLUM). Land Use: The MU-R designation is used to provide for 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 Page 4 Item 2. 37 with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The proposed development plan depicts a singular,multi-level, age-restricted(three and four stories in height)multi-family apartment complex that is wrapped around a parking structure—the parking structure is proposed to contain a majority of the required parking spaces.Around the proposed building the new development plan depicts a drive aisle that circles the entire structure and includes two areas of surface level parking located on the east and north sides of the proposed building that contain the remaining required parking. The drive aisle that circles the building is intended to be for Fire and EMS but Staff is unaware if the drive aisle will be closed to resident traffic as well. In addition to the building, the new development plan depicts multiple areas of open space and amenities located along each side of the building to include: a pool and other amenities within a south courtyard; an entry plaza along the east side of the building; fire-pits and lounging areas along the west, and; a community garden and pickleball court along the north side of the building. All of the open space and amenity areas appear to be connected with sidewalks and easily accessible by future residents.More specific analysis is below in the Specific Use Standard review, see Section`B"below. In general, the proposed use of multi family development is listed as an allowed use within the MU R designated areas.In addition to what is proposed within the subject sites, the MU-R designation requires looking beyond the site boundaries to integrate and enhance other uses nearby. Staff finds proposing an apartment complex in this area of the City in close proximity to commercial development, child care%harter school, and established regional pedestrian facilities complies with the MU-R future land use designation. More specific comprehensive plan policy analysis is below. Transportation: Access is proposed via three (3)drive aisle connections: one to the north connecting to an existing drive aisle and commercial property and two to the east to connect to S.Wells Avenue. The drive aisle to the north does not currently exist but the two drive aisles to the east abut the east property line. According to ACHD,the proposed development will not generate enough peak hour vehicle trips to require a Traffic Impact Study despite the number of units being greater than 100. Staff verified with ACHD that the estimated trip generation of the development does not change whether the units are proposed as age-restricted or not. In addition,ACHD has noted that all adjacent public roads are over- built and are capable of handling additional vehicle trips without issue. Because of these reasons provided by ACHD, Staff is supportive of the proposed development in regards to its transportation impact and has no recommendations or proposed changes regarding this element of the project. Furthermore, Staff finds it necessary to discuss in a slightly more detail the proposed parking element of the project as this design is new to the City of Meridian.As noted,the project is proposed as a"wrapped" concept where the vast majority of the parking is contained in a multi- level parking structure located in the center of the site with the apartment units wrapped around the structure.This design is affectionately known as a"Texas Donut" and allows for a smaller building footprint and more efficient utilization of the development site. Staff recommends the Commission look at the Applicant's narrative to see a more illustrative example of this concept and the standard alternative of surface parking. Page 5 Item 2. 38 COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciU.or /g coml2plan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed age-restricted, multi family dwellings would be a new use in this area of the City and the Gramercy Commons development overall. In addition, there are nearly double the number of I- bedroom units proposed as 2-bedroom units (108 to 56) which offers future residents rental opportunities at a lower price than apartments in other areas of the City. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City." (2.01.01G) Traditional three-story, garden-style apartments are currently under construction throughout the City which makes the proposed wrapped concept even more interesting and desired. The proposed residential is also a different type of residential dwelling than the single-family that exists directly south; this area of Gramercy could therefore contain multi-generational housing opportunities in close proximity to one another and desirable commercial uses. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems by continuing existing stubs where available. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The subject site is already annexed and in a widely developed area. However, the subject sites are undeveloped and have been vacant for more than a decade as commercial only properties. It is one of the last areas of the Gramercy development to be developed and the Applicant believes constructing high-end senior housing in this area will jumpstart the remaining commercial properties directly adjacent. • "Require collectors consistent with the ACHD Master Street Map(MSM), generally at/near the mid- mile location within the Area of City Impact." (6.01.0313) The proposed development will connect to S. Wells Avenue, a commercial local street that connects directly to W. Overland, an arterial street. S. Wells has other local streets that bisect it and connect to a commercial collector, S. Bonito Way,further to the east. Overall, Staff and ACHD agree that the public road system nearby is easily capable of handling the minimal additional traffic generated by the proposed development. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staffs analysis in italics) Page 6 Item 2. ■ • "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. This land use is not intended for high density residential development alone." The proposed development is in fact high-density residential. However, the Applicant is reserving an area of approximately 1.5 acres along the north boundary of the site for future commercial use(s). However, Staff does not find it necessary to require at least three land uses on the subject site due to its relatively small size(6.8 acres) in relation to the much larger mixed-use area overall that contains multiple types of uses in relatively close proximity including general commercial, office, retail, education institutions and single-family residential. Therefore, Stafffinds the proposed development meets this goal. • "Where appropriate,higher density and/or multi-family residential development is encouraged 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." The Applicant is proposing multi family residential at a gross density of 31 units/acre which falls within the high density residential range were the project to be located in that designation. In addition, the subject parcels have easy access to a number of employment and commercial destinations within a half-mile of the site. Despite losing 5 acres of commercial zoning, Stafffinds the proposed development to be appropriate in this location. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed- Use designation." An overall development plan was approved for this area in 2006 that incorporated multiple types of commercial uses as well as residential uses. The subject parcels were originally slated for commercial development but have been sitting vacantfor more than a decade. Therefore, the Applicant requested a DA Modification to allow these parcels to develop in accord with the proposed development plan and with the proposed use of age-restricted multi family. The Applicant was successful in this request and thus the subject parcels are allowed to be developed with additional multi family units. • "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 an emergency drive aisle, landscaping, and existing landscaping with a multi-use pathway between the proposed structure and the existing residential to the south. Overall, the proposed site plan depicts buffering to all adjacent uses via a drive aisle and landscaping. • "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." The proposed development is directly adjacent to a childcare facility and nearby both a charter school and a shared park within the Gramercy development. Furthermore, the Applicant is constructing two connections to a segment of regional pathway that connects to a public park within a quarter mile of the subject sites. The Applicant is also proposing a plaza along the east side of the building that is intended to be shared with the rest of the Gramercy development; this is a major reason why the Applicant insisted on remaining part of the existing Gramercy DA instead of entering into a new DA. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed development will be directly accessible to adjacent neighborhoods through extension of sidewalks from the existing network into the site, including the regional multi-use pathway system. Page 7 Item 2. ■ Staff believes the proposed site design offers adequate integration and accessibility to nearby neighborhoods. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan: • "Developments should comply with the general guidelines for development in all Mixed-Use areas." See analysis above. • "Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre." The proposed development meets this policy by providing a majority of the subject sites as residential(overall, the Gramercy development contains more than 10%as residential uses)and with a gross density of approximately 31 units/acre. • "There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry,or entertainment uses." No commercial uses are proposed with this specific project but a plethora of non-retail commercial uses are within walking distance of the proposed development. • "Retail commercial uses should comprise a maximum of 50%of the development area." Staff is unaware of the specific percentage of retail commercial uses within Gramercy overall but by a simple site visit one can see a majority of this area is developed as commercial. Based on the analysis above, Staff finds the proposed plan is generally consistent with the vision of the Comprehensive Plan for this area in regard to land use,density and transportation. B. UNIFIED DEVELOPMENT CODE(UDC)ANALYSIS Conditional Use Permit(CUP)—Multi-family Development(UDC 11-4-3-27) Specific Use Standards: The proposed multi-family development consists of 164 age-restricted units within a multi-story building that is wrapped around a four story parking structure. The proposed use of multi-family residential is subject to conditional use permit approval by the Planning and Zoning Commission within the existing C-G zoning district and subject to specific use standards outlined in UDC 11-4-3- 27 and below: 11-4-3-27—Multi-Family Development: A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. As discussed in the Comprehensive Plan analysis section above,Staff finds the proposed multi- family development meets and/or exceeds all of the purpose statements listed. B. Site Design: Page 8 Item 2. ■ 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios, and how they impact adjacent properties.Proposed project/site design complies with this requirement. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash disposal areas that may only be visible from the north drive aisle; all proposed transformer/utility vaults shall also comply with this requirement. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title.According to the submitted open space exhibit, the apartments are proposed with the minimum required 80 square feet of private open space in the form of private patios and decks for each unit. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5.No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area.Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. Based on the number of bedrooms per unit(108 one-bedroom units and 56 two-bedroom units), a minimum of 274 parking spaces should be provided with at least 164 of those spaces covered or within a garage. The Applicant has proposed a total of 291 parking spaces overall with 220 within the proposed parking garage and the remaining 71 spaces as surface parking along the perimeter drive aisles on the east and north boundaries of the site. The Applicant provided additional guest parking at the ratio of one(1)space for every 10 units, consistent with code changes that have not yet been approved. Therefore, the proposed parking is in excess of both current code requirements and future code requirements. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location(including provisions for parcel mail)that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) It is not entirely clear on the submitted plans where these items are contained on-site—where it is not clear, the Applicant shall comply with these requirements at the time of CZC submittal. The site plan submitted with the Certificate of Zoning Compliance application shall depict these items. Page 9 Item 2. ■ C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200)square feet of living area. Each unit is between 500 and 1,200 square feet of living area. Therefore, 250 square feet of common open space is required per unit in accord with the requirements above. 2. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). Proposed open space submitted as meeting this requirement has been reviewed.All area labeled as qualified common open space on the open space exhibit complies with this requirement. The Applicant has proposed 42,000 square feet of qualified common open space while needing to provide a minimum of 41,000 square feet; the proposed open space exceeds the minimum requirements. The proposed open space consists of those areas outlined on the open space exhibit: a plaza along the east side of the building; a pool and pool deck with assorted amenities on the south side of the building; a terrace with firepits, BBQs, and seating areas along the west side; and a pickleball court and community garden along the north side of the building. All of these areas have been verified to meet or exceed the required quality and amount of common open space. Overall, the submitted open space meets the specific use standards and Staff finds the proposed open space is adequate for the proposed development, especially in combination with the array of proposed amenities. Furthermore, the subject sites are within a quarter mile of a City park, in close proximity to a plaza/park within Gramercy, and directly adjacent to a regional pathway.All of these factors present more than adequate open space and recreational opportunities for future residents. 3. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The proposed development is to be developed in one (1)phase, according to the Applicant. 4.Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, ef£ retroactive to 2-4-2009).No common open space or any part of the site abuts a collector street. Therefore, this standard is not applicable to this project. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1)Clubhouse. (2)Fitness facilities. (3)Enclosed bike storage. (4)Public art such as a statue. Page 10 Item 2. ■ b. Open space: (1)Open grassy area of at least fifty by one hundred feet(50 x 100)in size. (2)Community garden. (3)Ponds or water features. (4)Plaza. c. Recreation: (1)Pool. (2)Walking trails. (3)Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2) amenities shall be provided from two(2) separate categories. b. For multi-family development between twenty(20)and seventy-five(75)units,three(3)amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4)amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision-making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 164 proposed units, the number of amenities required shall be determined by the decision-making body, the Planning and Zoning Commission.According to the submitted plans, the Applicant has proposed approximately 6 qualifying amenities, at least one from each category as required by code. The Applicant has proposed the following amenities:a swimming pool, a plaza with public art, a sports court(pickleball court), a community garden,and multiple seating areas with BBQs and firepits. Staff finds the proposed amenities to be adequate in serving the proposed age-restricted multi- family development. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(3')wide. b. For every three(3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches (24") shall be planted. Page 11 Item 2. ■ c. Ground cover plants shall be planted in the remainder of the landscaped area. The submitted landscape plan appears to meet the specific use standard landscape requirements. However, these standards will be further verified at the time of CZC submittal(see Exhibit VII.B). Dimensional Standards (UDC 11-2): The proposed development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district and those within the specific use standards for Multi-family Development discussed above(UDC 11-4-3-27).As noted above, the submitted plans show compliance with all dimensional and specific use standards, including but not limited to, building height, setbacks, accesses, and parking count. Access(UDC 11-3A-3): Access was discussed within the transportation section of the comprehensive plan analysis section earlier in the report. Please review that section as well as the Community Metrics section at the beginning of the report for the access and transportation facts of the proposed development. Road Improvements: The Applicant is not required to construct any improvements to the adjacent or nearby public roads as ACHD has stated these roadways are currently overbuilt in terms of vehicular capacity. Sidewalks(UDC 11-3A-17) and Pathways: All proposed sidewalks are adjacent to the multi-family residential building and shown to connect throughout the site as at least 5-feet, as required. There is also a segment of regional multi-use pathway abutting the south property boundary that the Applicant is showing two connections to on the submitted plans. Despite UDC 11-3A-19B.4 being applicable to nonresidential uses, Staff is recommending the pedestrian crossings from the multi family building to the multi-use pathway across the emergency drive aisle is clearly delineated from the driving surface by being constructed with either brick,pavers, stamped concrete, or similar. These crossings should be clearly shown on future CZC plans. This point was discussed at the Council hearing for the DA Modification and there is an approved DA provision that requires these connections be constructed in these ways. Staff will verify compliance with a future CZC submittal. Landscaping(UDC 11-3B): Because there are no public streets adjacent to the site,there are no requirements for landscape street buffers.However,there are vehicle use areas proposed surrounding the site,the drive aisle that circumvents the entire structure. Per UDC 11-3B-8,at least 5-feet of landscaping is required along the perimeter of vehicle use areas(i.e. drive aisles). The submitted landscape plan depicts an area of landscaping along the perimeter of the circumventing drive aisle except for along the east property boundary. It appears there is enough area for the required landscaping but it is not shown on the submitted plans. Furthermore, this landscape strip is also required to be vegetated with trees located no more than 35 linear feet apart throughout the buffer— trees may also be grouped together where necessary and visually appealing.At the time of CZC submittal, the Applicant should correct the landscape plans to show compliance with both of these requirements. Fencing(UDC 11-3A-6, I1-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-7. No fencing appears to be proposed; any future fencing shall comply with UDC 11-3A-7. Page 12 Item 2. 45 Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Storm drainage will be proposed with a future Certificate of Zoning Compliance application and shall be constructed to City and ACHD design criteria. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the apartment complex but no formal Design Review was submitted. Staff notes that the submitted elevations do not meet all of the required design criteria for multi-family development. All multi-family development requires Administrative Design Review prior to obtaining building permits so,at the time of that submittal Staff will analyze conformance with the Architectural Standards Manual.An application for Certificate of Zoning Compliance is also required to be submitted along with Design Review for this entire development. VI. DECISION A. Staff: Staff recommends approval of the of the requested Conditional Use Permit per the conditions of approval included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on June 3,2021.At the public hearing.the Commission moved to approve the subject Conditional Use Permit request. 1. Summary of the Commission public hearing a. In favor: Hethe Clark,Applicant Representative- b. In opposition:None c. Commenting: Hethe Clark:Mark Sindell,Project Architect, d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission. a. Nearby road improvements by ACHD and any impact this site may have on that- b. Clarify ingress/egressfor the site- C. Potential of issues associated with being adjacent to the ball fields for Mountain View High School due to noise,lights. etc. 4. Commission change(s)to Staff recommendation: a. None Page 13 Item 2. 46 VII. EXHIBITS A. Site Plan(dated: 3/23/2021) m 2 � o g sn z 3 Z D 3 w ° x c - o — - 8 � n n 3 507 32' �' -..-..-..-..-..-..-..-..-..-..-..-..-..-..-. ..-..-..-..-..- ------------ - Fire Depariment Access ow c o 3 Po 0 i� ➢ a 0 Q 3 g GI IIIIIIII IIIIIIIIIIII 3 0 f. O III O 17 �TITfIIII�TTfI O - IIIIIIF IIIIII Acc ss 6-ve z � I ILL.-..-..-..-..-..-.. - -..-..-.. 507.35' 0 1Q - o T n ➢� <� - c) o xm 0 to 0 5.Wells Ave. S 0 Er iD iD o cn o a a F r, r. a F ➢ _ a a 0 9 - n ct 0 'o a a 0 0 Page 14 Item 2. F47 I II Zone:C-G Zone:C-G i a. ! Use:Vacant Use:Office I I u. ! I a I I ! Refuse Collection Zone i 414.39 Access Drive y - - ! + Garage Entry/Exit I Yrash acompactorroom Zane;C-G v Iv I Use:Vacant > a — CL41 Unl3 — Parking Garage III ao;e C 'ii4 II f f M I a a o Access Ddve - •o Bicycle Parking(public) i i - I i ' I i Zone:C-G ! I F i Use:The Goddard ! _ School of Meridian ! y AmenitiesE , Fire Department Access - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ L _ _ _ _ _ _ -.-J . _ .. _ .. _ . _. . _ . . _ .. _ . _. . _. ._ . .J 420•00' Bike Parking Room (residents) E.Goldstone St. Zone:R-15 Use:Residential Zone:TN-R a' 50' 100, Use:Residential Page 15 Item 2. 48 B. Landscape Plan(dated: 3/23/2021) SECTION 07 I LANDSCAPE PLAN TREE LEGEND Y1J5 Mains DdK H Flonerina�gCrabapple PROJECT INFORMATION AmeriMnier.9randisora Thereare no existi ng natural features,existing bui ld ings,or 'Autumn Brilliance servlceterry existing trees with trunks greater than 4 inches on the site. � Betulenlg 'HedWge Street Trees:see Trees Mix.� Kver Buchm penes Street Buffers:n/a � � Gymeodsau:aloha Kentucky CoR Tree Parkin lot ter landscape tri 10' g perimeter pes p: Aar Nn.am Bufferwdth betweendfferent land uses 10' r ��1199 Nu mberof park ng stalls and percent of park'ng area With 4-e- internal landscaping:71 surface stalls located along internal 'Yr r arculation routes,no more than 12 stalls between landscaping sv. Totalnumberoftreesandtreespecesmx:94(see Tree Species 4-.,., �. Residential Building ' M'x) &Parking Garage yk . r � O EmryPlaza © South Courtyard © Sunset Terrace f;,•� � — O CommanrtYGarden O �_. `.,•�••-. .-. •.`.F © Recreation Court 9. ■■ _ _ O Garage Emry&S—irn Court c y O Fire Departmem Access J ? Pm 't _uildind C9 8-x 10'Residential Pal Typ. _ O Pedestrian Conreaionto Gordon Harris Park <MANDSCAPE PLAN - 0' 30' 60 0 Pedestrian Conrectkmw eA,tirm residential Gramercy Commons I Meridian,ID I Conditional Use Permit Application 103.23.2021 GGLO 12 Page 16 Item 2. ■ SECTION 08 1 TREE SPECIES MIX CLASS I CLASS II CLASS III TREE TOTALS Artelanchie-60 18+k a+ Malus 2 Kentucky Coffee=l River Birch 22 Red Maple' 9 ? - 770 L.F.of Street Frontage No existing trees on site # 7, z Amelinchierx grandiflora'Autumn Brilliance' Betula nigra'Heritage' Gymnocladus dioica Serviceberry River Birch Kentucky Coffee Tree Height:15-25' Height:35-50' Height:50-60' Spread:15-25' Spread:30-40' Spread:35-45' Water:Medium Water:Medium Water:Medium Maintenance:Low Maintenance:Low Maintenance:Low y 4 Malus'snow drift' Acerrubrum Flowering Crabapple Red Maple Height:15-20' Height:35-45' Spread:15-20' Spread:25-35' Water:Medium Water:Medium Maintenance:Medium Maintenance:Low Gmm—y Commons I Meridian,10 Conditional Use Permit Application 03.23.2021 Page 17 Item 2. ■ C. Open Space Exhibit(dated: 3/23/2021) SECTION 09 I EXTERIOR AMENITY SPACES TREE LEGEND ■ ■ t1`S�; Malua'Snmv DriR' V�f' Flaxering CrabaPPle EXTERIOR AMENITIES Amelinchie-E—dil Vff Autumn Brilliance Reci Sernceberry l . Canmon Open Space 41,000 sqk l5 ♦ Bevla nigm'Neritage'Birch Pdvau,Open Space 13320 sqk Rver oral 54,120 sq k Y.£ --ky Custlioira Pmvidzrd Ken : wcky Coffee Tree Common Open Space 42,000 sqk Private Open Space(private patios&balconies) 13,120 sgIt Y, �rvbvm TOW55,120 sqk Red Maple Residential Bulldfng &Parking Garage y I.' I EXTERIOR AMENITY SPACES e �4r O Emry Plata ' 9,000 Eq ft 13,000 sq R r . q- © Smset Terrace .a•,I A 9,000 sq ft communkycamen _ 7,500 Ed ft EXTERIORAMENITYS PAC ES 0' 30' 60' © R-mationCourt SCALE'[ 60 3,500 sq ft Gramercy Commons I Meridian,ID I Conditional Use Permit Application 1 03.23.2021 6MLO 15 Page 18 Item 2. F51 D. Building Perspective and Conceptual Building Elevations(NOT APPROVED) Mountain View High School - <�j Parkng Garage Freoepa,t—tAccess senenc—ny�rd ��'�••! � II eneryPla�a Amenity Widing Sao \\ The Goddard School of Meridian SECTION 06 I PERSPECTIVE VIEWS u� •� gi3 l _ — r i S t _ _ J _ 1 ENTRY PLAZA Gremercy Commons I Meridian,101 Cond@ional Ju Permit Application 103.23.2021 6GLO to Page 19 SOUTH C044RD k�✓ �� SECTION 06 PERSPECTIVE VIEWS i El Page Item 2. ■ SECTION 04 ELEVATIONS Meal Panel Lap Siding Brick I Nil 111 Nil EAST ELEVATION T wrea conerele Metal Panel Lap 9ding Brick L�7% G SOUTH ELEVATION Gmmercy Co-I Meritlian,ID I-i[ipnal Use Permitapdieation 1 03.23.2021 GGLO 2 SECTION 04 ELEVATIONS Metal Panel SNcco ITT¶ M Lap 9tling ® I 'A WEST ELEVATION Metal Panel Lag 9tling Brick 12 98999 � 9 E19 9901 109 99 I NORTH ELEVATION Gramercy Commons l Meritlian,ID l Wrdiri—Use Permit Applkafwn 1 03.23.2021 GGLID a Page 21 Item 2. 54 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit(CUP): 1. The Applicant shall adhere to all previous conditions of approval associated with this site(AZ-06- 007,DA Inst. 106141056; PP-06-019; FP-06-048; and H-2021-0022,DA Inst. #unknown at this time). 2. With the future Certificate of Zoning Compliance submittal,the Applicant shall submit a revised site plan with the following revisions: a. Depict the pedestrian crossings to the multi-use pathway along the south property boundary to be constructed with bricks,pavers,colored or stamped concrete or similar to clearly delineate the pedestrian walkway. b. Clearly depict/label compliance with the Multi-family Development Specific Use Standards (UDC 11-4-3-27), specifically subsection B.7: 1. A property management office. 2. A maintenance storage area. 3. A central mailbox location(including provisions for parcel mail)that provide safe pedestrian and/or vehicular access. 4. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) 3. With the future Certificate of Zoning Compliance submittal,the Applicant shall submit a revised landscape plan with the following revisions: a. Depict the required parking lot landscaping along the east boundary adjacent to the drive aisle and east property line; b. Throughout all of the perimeter landscaping, depict the required vegetation and trees per UDC 11-3B-8. 4. The Applicant shall obtain Administrative Design Review and Certificate of Zoning Compliance approvals for the multi-family residential building prior to submittal for any building permits for the residential portion of the development. 5. Future building elevations of the multi-family development shall incorporate similar design elements and finish materials seen throughout the Gramercy development to ensure an integrated and cohesive design. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. 8. The Applicant shall comply with all ACHD conditions of approval. 9. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 10. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. Page 22 Item 2. ■ 11. The Applicant has a continual obligation to maintain compliance with the Multi-family Development Specific Use Standards outlined within this report and in UDC 11-4-3-27. 12. Prior to issuance of Certificate of Occupancy on any building,the Applicant shall provide proof of the required maintenance agreement to the Planning Division in accord with UDC 11-4-3-27—all multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. 13. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements, acquire building permits and commence construction within two years as set forth in UDC 11-5B-6F.1; or 2)obtain approval of a time extension as set forth in UDC 11-5B-6F.4. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No Permanent structures(buildings, carports,trash receptacle walls, fences,infiltration trenches, lightpoles,etc.)can be built within the utility easement. 1.2 There is a sewer main at the north end of the property in addition to a service line at the south. Whichever one is not used needs to be abandoned at the main per City requirements. 1.3 There is an existing 8"water main stub at both the north and south boundaries that either needs to be used or abandoned. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, Page 23 Item 2. ■ the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals,laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed Page 24 Item 2. ■ 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. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=22898 7&dbid=0&r0o=MeridianCitX D. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=228246&dbid=0&r0o=MeridianCitX E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=228702&dbid=0&repo=MeridianCitX F. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=228605&dbid=0&repo=MeridianCitX IX. FINDINGS A. Conditional Use Permit Findings (UDC 11-5B-6D: 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. If all conditions of approval are met, Commission finds the submitted site plan shows compliance with all dimensional and development regulations in the C-G zoning district in which it resides. Page 25 Item 2. ■ 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Commission finds the proposed use of multi family residential is harmonious with the comprehensive plan designation of Mixed-Use Regional and the requirements of this title when included in the overall MU-R designation analysis. 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. Despite the proposed use being different than the residential uses directly to the south, Commission finds the design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, so long as the Applicant constructs the proposed building as proposed. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Commission finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property 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. Commission finds the proposed use will be served adequately by essential public facilities and services because all services are readily available. 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. All public facilities and services are readily available for the subject site so Commission finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 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 is sure to increase in the vicinity with the addition of more residential units, all major roadways adjacent to the site are already at their full width and the development has multiple avenues of accessing the arterial network to the north or to the east. Therefore, Commission finds the proposed use will not be detrimental to any persons,property, or 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). Commission is unaware of any natural, scenic, or historic features within the development area, therefore, Staff finds the proposed use should not result in damage of any such features. Page 26 Item 3. 59 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Meridian Middle School Cafeteria Addition (H-2021-0032) by Lombard Conrad Architects, Located at 1507 W. 8th St. Item 3. F60 CITY OF MERIDIAN E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND IDAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Meridian Middle School Cafeteria Addition,Located at 1507 NW 8th St in the R-4 Zoning District,by West Ada School District. Case No(s).H-2021-0032 For the Planning& Zoning Commission Hearing Date of: June 3, 2021 (Findings on June 17, 2021). A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 3, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 3,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 3, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 3,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2021-0032} Page 1 Item 3. 61 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of June 3,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning &Zoning Commission's authority as provided in Meridian City Code § I I- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of June 3,2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC I I-513-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-513-617.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff report for the hearing date of June 3, 2021 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2021-00321 Page 2 Item 3. 62 By action of the Planning&Zoning Commission at its regular meeting held on the 17th day of June, 2021. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED COMMISSIONER LISA HOLLAND VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER WILLIAM CASSINELLI VOTED COMMISSIONER NICK GROVE VOTED COMMISSIONER MARIA LORCHER VOTED Rhonda McCarvel, Chairman 6-17-2021 Attest: Chris Johnson, City Clerk 6-17-2021 Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated:_6-17-2021 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2021-00321 Page 3 'tem3. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/3/2021 1e 9 e n d DATE: 03 ��_•eject Lflca i�ar TO: Planning&Zoning Commission FROM: Alan Tiefenbach - 208-884-5533 Bruce Freckleton,Development Services Manager i 208-887-2211 SUBJECT: CUP H-2021-0032 Meridian Middle School Cafeteria LOCATION: The site is located at 1507 NW 8th St, in -- Section 12,Township 3N,Range 1W. =-a _ I. PROJECT DESCRIPTION Conditional Use Permit to allow 7,525 sq. ft. addition expansion to the Meridian Middle School. The school is located near the southeast corner of N. Linder Rd and W. Cherry Lane, is on a 36.9-acre lot and is zoned R-4. The Meridian Middle School campus consists of 7 existing building totaling 185,789 sq. ft with construction of the first building beginning in 1969. In February of this year, a representative of the school met with staff to discuss a 7,525 sq. ft. addition to the cafeteria building. The proposed addition would connect the cafeteria building to the auditorium and main classroom building by a new vestibule. Proposed improvements include additional cafeteria seating space,a new kitchen, an IT room,renovations to the choir room and restroom remodels. During the pre-application meeting, staff informed the applicant that public education institutions are allowed in the R-4 zone district by conditional use. Staff did not find any record of previous conditional uses approved for the property. Because of this,a conditional use is required to address the as-built conditions as well as any additional additions or expansions. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 36.91 Future Land Use Designation Civic Existing Land Use(s) Civic(Educational Institution) Proposed Land Use(s) Cafeteria expansion Lots(#and type;bldg./common) 1 Lot,7 buildings Page 1 Item 3. F64 Description Details Page Neighborhood meeting date;#of April 13,2021,2 attendees attendees: Physical Features(waterways, No known physical features or floodplains hazards,flood plain,hillside) History(previous approvals) CZC(A-2017-0104)to allow new student drop off area at the southwest portion of the site. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State W. Cherry Lane(arterial)and NW 8t'St(Collector) Hwy/Local)(Existing and Proposed) Existing Road Network W. Cherry Lane(arterial)and NW 8th St(Collector) Existing Arterial Sidewalks/ There is at least a 50' wide buffer of turf along W. Cherry Buffers Lane.There is no landscape buffer along NW 8'St;it is all parking. There is existing sidewalk along both property frontages. Proposed Road Improvements No improvements are required. Distance to nearest City Park(+ The school contains a large outdoor recreation field,and is size) also within a mile from 8t1i St Park,Generations Park,and Centennial Park. Fire Service No comments Police Service No comments Wastewater Public Works commented that it appears there is an existing light pole in a sewer easement.Public Works requests the applicant move the manhole in the parking lot to the east and rededicate an easement which moves the light pole out of the easement. PW added the applicant should ensure 20' easements for water and 30' easements for sewer. • Distance to Sewer Services There is existing sewer service and no changes are required as a result of this request. Water There is existing water service and no changes are required as a result of this request. Page 2 � m 1 1 1 Qj; ....... :zE 712 M. nil IMP-1— CH NAM —d�.�:- � �'�a Ei-- •171111 =- _a'=�ti ���• E:':.. I';� I'' it ° — ❑ 1 1 W PTIT90 2 ••�uu��uuuu ,_ 2 ..�uu��uuuu.......... V. ,_ pit_, * il•l`..Ir _ } :;?;' ,.L' il•l`..Ir _ II .7 �I r .::. ram, dr -Iii.YS•' �,'�Si .y'�:2`;':: 1�9'11 `r • I 1 1�aii�� � �=S � I Lgo 5. ■I ..r.,a�Yo�.�.. ii�• * ..r.,. iii��G cr.n -Si7 "r�7��7 =_EPE Col______ _ - ' ■°__on���� - �� ______ _ y�:2! • ■=_an,�� _ _. .id __ .i�. ___ ::µ�1�p_� _ :�dl•• � .■..■..■ .i-. _ ___LullWr • ::.!!�, = Eli' = 1 .'la: _ .. .� =5i._ --i •� _ __- PIN E — it :: x� �' �.i:r.�"iiilll•'l loll•'--__:— ! X 1 .. �".+ �,..,•'ry IIL'IN �`JN4 � ::: I_ 'r II U_ an ■ Item 3. 66 III. APPLICANT INFORMATION A. Applicant/Representative: Priya Raman,Lombard Conrad Architects—472 W. Washington St,Boise,ID 83702 B. Owner: Joe Yochum,West Ada School District 1303 E. Central Dr,Meridian, ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 5/14/2021 Radius notification mailed to properties within 500 feet 5/11/2021 Sign Posting 5/11/2021 Nextdoor posting 5/12/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciu.or /g compplan) The Future Land Use Map recommends this area for civic uses. The purpose of this designation is to preserve and protect existing and planned municipal, state,and federal lands for area residents and visitors. This category includes public lands, law enforcement facilities,post offices, fire stations,cemeteries,public utility sites,public parks,public schools,and other government owned sites within the Area of City Impact. The proposal to expand the existing school is consistent with the goals of the Plan. B. Comprehensive Plan Policies(https://www.meridianciiy.org/compplan): • 2.03.01B Support construction of multi-use facilities that can be used by both schools and the community. The existing campus contains two gymnasiums, an auditorium, numerous classrooms, a cafeteria, and a large sports field which includes a football field, baseball diamond, tennis courts and a running track. The school has been integrated into and used by the community for decades. • Ensure the location and design of schools are compatible with existing and planned neighborhoods and land uses. (2.03.01D) In general, a school is a community use that can be very compatible with a residential neighborhood. The more the school is integrated into the neighborhood, the more of a benefit to the community and the safer for the students. The existing school campus has been in this neighborhood for 50 years, is established in the community,provides a community benefit and this proposal would result in a very small addition to the campus. • Continue to explore partnerships with alternative providers, such as schools,to increase level of service. (4.01.01 C). The City has been working with West Ada School District regarding improvements to the school to increase level of service for the school and the community. Page 4 Item 3. 67 C. Existing Structures/Site Improvements: There are seven existing buildings comprising a total of 185,789 sq. ft. This includes two gymnasiums, a cafeteria building, an auditorium and main class room building, 2 more classroom buildings to the south and a shop building. This proposal would allow a 7,525 sq. ft. expansion to connect the cafeteria building to the main class room building(reducing the number of separate buildings to six). D. Proposed Use Analysis: This proposal includes an existing 185,789 middle school campus. This is considered an educational use and is allowed by conditional use in the R-4 zone district, subject to the specific use standards below. E. Specific Use Standards(UDC 11-4-3): UDC 11-4-3-14. (Education Institutions)requires schools to be located within the center of neighborhoods with access encouraged from local streets. Middle and high schools may take access off a designated arterial or collector street. At least thirty percent(30%) of the perimeter of an elementary school site should be open to streets or open space areas. Meridian Middle School is located in the center of an established neighborhood and has been in this location since 1969. There is one existing point of access from W. Cherry Lane (an arterial) and four existing points of access from NW 8'St.No changes to access are proposed with this very small expansion. More than 50%of the northern frontage of the property along W. Cherry Lane is a playfield being open to the street,with the remainder of the frontages along W. Cherry Lane and W. 8t1i Street is parking and access. F. Dimensional Standards(UDC 11-2): Dimensional standards in the R-4 Zone District include a minimum property size of 8,000 sq. ft. setbacks of 25' from the street, 15' from the rear, and 5' from the side. Building height is limited to 35'. The property is approximately 37 acres. The existing and proposed buildings meet all required setbacks. The 50' high existing gymnasium exceeds the maximum height,but the proposed addition is shown at a maximum height of 26',well within the height maximum. G. Access(UDC 11-3A-3, 11-3H-4): As mentioned above,there is one existing point of access from W. Cherry Lane(an arterial)and four existing points of access from NW 8th St.No changes to access are proposed with this small expansion. ACHD responded that a traffic impact study was not required as there were no additional students proposed with this application. H. Parking(UDC 11-3C): UDC 11-4-3-14 requires one(1) space for every four hundred(400) square feet of gross floor area in all residential or commercial districts. There are seven existing buildings to a total of 185,789 sq. ft. This proposal would connect the cafeteria building to the existing main classroom building with an approximately 7,525 sq. ft. addition,bringing the total gross floor area to 193,314 sq. ft. Based on the parking requirements,483 parking spaces are required whereas 318 parking spaces are indicated. Staff understands the largest majority of users of this facility are students who would not be driving to the school;they would either walk or bike,be dropped off, or arrive via bus. Staff also understands the purpose of this conditional use is to allow an addition Page 5 Item 3. 68 to connect two buildings with additional cafeteria seating space,new restrooms,new kitchen,and IT room; it is not intended to facilitate the enrollment of additional students. However,being community-serving uses, educational facilities are used for a range of purposes including events in the auditorium or sports activities. There is a large parking area at the north side of the property(approximately 122,000 sq. ft. +/-). Based on the site plans submitted by the applicant, only 1/3 of this parking area(on the south side)is striped. With the upgrade and additions being undertaken, staff believes this is an opportunity to stripe the parking lot accordingly. Staff recommends as a condition of approval that the parking lot be restriped to provide the required parking for this facility. UDC 11-3C-6-G requires 1 bicycle parking space for every 25 vehicle spaces. 15 bicycle spaces are required, 50 are provided. I. Pathways ( UDC 11-3A-8): There are numerous pathways existing throughout the campus,this proposal does not include nor require any additional pathways. J. Sidewalks(UDC 11-3A-17): There are existing sidewalks of at least 6' wide along both frontages of the property. There are existing pedestrian connections throughout the campus. K. Landscaping(UDC 11-3B): A landscape plan was submitted that indicates 2 trees with a total of 18"caliper inches will be removed. The landscape plan shows 7 trees will be planted to a total of 19 caliper inches, satisfying the tree mitigation requirements of UDC 11-3B-10. Per UDC 11-3B-2,because this proposal is for an addition of less than 25%,no additional landscaping is required. A 25' landscape buffer would be required along W. Cherry Lane and a 20' buffer would be required along NW 8th St. There is at least a 50' wide buffer of turf along W. Cherry Lane although it does not meet the tree requirements. There is no landscape buffer along NW 8th St; it is all parking.As mentioned above, due to the small scale of this addition,no additional landscaping is required. However, expansions could be cumulative over time,thus future expansions may trigger compliance with current landscape standards even if each expansion is less than 25%. L. Waterways(UDC 11-3A-6): There are no waterways indicated on site. M. Fencing(UDC 11-3A-6, 11-3A-7): There is existing chain link fencing along the majority of the property boundary.No additional fencing has been proposed with this small addition. N. Utilities (UDC 11-3A-21): All utilities are presently installed. Public Works commented that it appears there is an existing light pole in a sewer easement. Public Works requested the applicant move a manhole in the parking lot to the east and rededicate the easement to move the light pole out of the easement. O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The existing school is comprised of two different shades of grey CMU, fiber cement,blue metal paneling and blue standing seam roofs. The building form of the addition matches and ties in with Page 6 Item 3. 69 the existing buildings by mimicking the roof canopies,parapet styles, columns and storefront glazed windows of the existing buildings. The eastern elevation of the new addition includes the blue standing seam roof incorporated by the majority of the campus buildings,blue painted steel columns, and more than half of the building face of the addition is storefront windows. The northern elevation of the addition is 40 feet long,which is only 10%of entire northern frontage, and is more than 300 feet from W. Cherry Ln. According to the applicant,windows were not included at this portion of the addition because this is where the IT room will be and security is paramount. The first elevation submitted of the northern addition was a blank wall.After discussions with staff,the applicant agreed to add pilasters on this side to mimic the pilasters along the remaining northern building frontages. Given the very small scale of the addition,that it is consistent with the rest of the northern elevation,and the distance from the right-of-way, staff agrees with the applicant that requiring additional architectural features does not justify the expense and may not be consistent with what is existing. The applicant has submitted for a certificate of zoning compliance and design review concurrently with this conditional use permit. 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. B. The Meridian Planning&Zoning Commission heard this item on June 3, 2021.At the public hearing,the Commission moved to approve the subject conditional use request. 1. Summary of the Commission public hearing_: a. In favor: Priya Raman b. In opposition:None c. Commenting: Priya Raman d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. Discussion regarding whether the parking was adequate,and how much re-striping could be done and still preserve areas for bus drop off, and motorcycle driver's education. 4. Commission change(s)to Staff recommendation: a. That the applicant work with staff to stripe the parking lot with as many parking spaces as possible without inhibiting its use for bus,pickup, drop-off and Star class training, et cetera,or they can qpply for alternative compliance to meet the requirement. Page 7 � m �[f. F r1 71- � r+ Item 3. ■ B. Overall Site Plan(date: 4/22/2021) ! y New PrEject Limier CICI , -� Addition pile a - _ t IL I pile a i X I r III .I# _ 13r. m - r r r Wft- --- *h* Page 9 Item 3. F 2 C. Site Plan Closeup(date: 4/22/2021) ■I - i— — 7.4- ---L- ---New —_`_ - .,_._ F ---------�-.-� - -t- j � Addition :p I r ■ c � E f e � r - ■ M 1 Page 10 Item 3. F73 D. Proposed Landscape Plan(date 4/22/2021:) FIREF-Tr 4* MEW="" rba M1� i-- � _____ __-__ __ 111� ------------- r 4 � Addition I I z ' I �T o 7 607 9w MST "'�•••'�� I I 7 I r � ' , J ` I 7 Y f 1 1 Page 11 Item 3. F74 E. Enlarged Landscape Plan(date 4/22/2021:) -r r--- --_-------_------- -- : f it I _____________ _____________ _________ .________ ________ ______I_ Cr v n f � I -. r Page 12 Item 3. F75] F. Site Plan Showing Public Works Comments(date: 5/11/2021) Move tfie manhaletothe east unti I M the Iight pole is no longerin the easement- ' I; u s .-- - �. �I 4P � Vy y J J - tip:. I i k � 7 Page 13 Item 3. F76 New G. Proposed Elevations (date: 5/20/21) Addition H Northern Elevation New Addition T°"' Eastern Elevation . 1 71 NEW EXISTING NEW METAL ROOFING NEW METAL COPING TO MATCH EXIST. TO MATCH EXIST- T.O.W. MEA�IFM ;I I PAINTED STEEL COLUM,TO INSULATED CMU BLOCK, STOREFRONT FIBER NEW EXTERIOR CLADING MATCH EXIST.BLUE TRIM WINDOWS, CEMENT AND WALL EXTENSION TYP. PANEL New South Elevation Addition WA 1 rnoou�m rr�on s�oavaK ma nn�n Page 14 Item 3. 77 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. The Applicant shall have a maximum of two (2)years to commence the use as permitted in accord with the conditions of approval. If the use has not begun within two(2)years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B-6F. 2. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 3. The applicant shall relocate the manhole in the parking lot to the east in order to rededicate and easement which moves the existing light pole out of the easement. 4. That the applicant work with staff to stripe the parking lot with as many parking spaces as possible without inhibiting its use for bus,pickup, drop-off and Star class training, et cetera, or they can apply for alternative compliance to meet the requirement. 5. Applicant shall comply with all specific use standards required Educational Institution,UDC 11- 4-3-14. 6. All existing landscaping on-site shall be protected during construction; if any is damaged or removed, it must be replaced prior to obtaining certificate of occupancy. 7. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. B. PUBLIC WORKS 1. Move the proposed manhole at the northwest side of the site east until the easement does not interfere with the existing streetlight.No permanent structures can be within a City utility easement. 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. The site meets all dimensional and development regulations of the R-4 zoning district. The campus is already existing, and the site already contains landscaping.As this proposal is only to allow a 7,525 sq.ft. addition, stafffinds the site is large enough to accommodate the proposed use. However, the Commission believes the existing parking area is large enough that it is possible to stripe the required parking. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this title. Page 15 Item 3. 78 The Commission finds that the proposed education institution in the R-4 zoning district is a desired use and has been established in this location for nearly 50 years. The Comprehensive Plan recommends this property for civic uses. 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. The Meridian Middle School has been in this location since the early 1970's, is surrounded by an established single-family neighborhood and this proposal is for a very small addition. The subject property is compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity. 4. That the proposed use,if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Any potential impacts associated with Meridian Middle School have long been established, the current proposal would have negligible additional impacts. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. The proposed use will be served adequately by all public facilities and services. 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. The Commission 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. The Commission finds that the proposed development does not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area as any potential impacts have already been established and this is a very small addition to an existing campus. 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) The Commission is unaware of any natural, scenic, or historic features on this site; thus, Staff finds the proposed use should not result in damage of any such features. Page 16 E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Planning & Zoning Commission Meeting June 17, 2021 ZONINGPLANNED DEVELOPMENTFLUM Changes to Agenda: None Item #4: Topgolf (H-2021-0033) Application(s): CUP Size of property, existing zoning, and location: This site consists of 11.56 acres of land, zoned C-G, located at 948 S. Silverstone Way. Comprehensive Plan FLUM Designation: MU-R Summary of Request: Conditional use permit for an outdoor entertainment/recreation facility with a non-permanent outdoor stage/music venue on 11.56-acres of land in a C-G zoning district to include extended hours of operation from 8:00 am to 2:00 am, seven days a week, abutting a residential zoning district. Although the subject property abuts a residential zoning district to the east, the residential homes have been removed by the developer for future expansion of the mixed-use development to the west (i.e. Rackham Subdivision). Therefore, the extension on the hours of operation will not adversely affect abutting residential uses as there are none. In fact, the closest residence is approximately 918’ to the south of the driving range. The outdoor stage is proposed to be located in the patio space which will seat 71 people and will be fully enclosed by an 8’ tall fence. During the summer months the stage is anticipated to be used about once a week in the afternoons until the venue closes. Performances will be limited to small musical acts and no additional sound equipment will be used for any performances – all music will be channeled through the building’s integrated sound system. If an extension of the hours of operation is approved, the use is still subject to the City’s noise ordinance. Access is proposed from E. Talons View Ln., a private street along the southern boundary of the site, from S. Silverstone Way, a collector street, from Overland Rd. E. Talons View Ln. ends approximately 200’ west of the east property line & is not proposed to be extended at this time. There is a public street, S. Rolling Hills Drive, just off-site from the subject parcel to the east that is constructed as a local, rural street with 24’ of pavement and does not have curb, gutter, sidewalk or streetlights. It provides access to the remaining homes in Rolling Hills Subdivision and dead-ends in a cul-de-sac at the north end. Because S. Rolling Hills Drive currently serves residences and is not improved to urban standards (i.e. – no sidewalk, curb, gutter or streetlights and has a narrow pavement width), Staff recommends access be prohibited to the Topgolf site via S. Rolling Hills Dr. until such time as improvements are made that are deemed appropriate by ACHD and the City. All vehicular access, including construction access, should be taken via the private street (Street A) from S. Silverstone Way until such time. Parking is proposed in excess of UDC standards – a minimum of 74 spaces are required, a total of 275 spaces are proposed. Conceptual building elevations were submitted for the proposed structure as shown. Building materials consist of EIFS and metal in a variety of colors, glazing and composite paneling. Final design is required to comply with the design standards in the ASM. Written Testimony: Amy Wattles & Michael Blowers - Against any access to the site from Rolling Hills Dr. Staff Recommendation: Approval w/conditions Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0033, as presented in the staff report for the hearing date of June 17, 2021, 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-2021-0033, as presented during the hearing on June 17, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0033 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #5: Popeyes Drive-Through (H-2021-0030) Application(s): Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.0 acre of land, zoned C-G, located at 6343 N. Linder Road (SWC of Linder and Chinden). Adjacent Land Use & Zoning: North – C-C zoning, commercial development; East – C-C zoning, WinCo and other commercial properties under development; South – C-G zoning, multi-tenant commercial building (closest drive-through); West – C-G zoning, multiple commercial buildings. History: AZ-06-006; PP-13-031; FP-14-020; MDA-13-019 (DA Inst. #114014784). Comprehensive Plan FLUM Designation: Mixed-Use Community Summary of Request: The proposed drive-through is for a 2,325 square foot Popeyes Louisiana Kitchen restaurant that is within 300- feet of a separate drive-through to the south, which requires Conditional Use Permit approval (CUP) per UDC Table 11-2B-2 and the specific use standards, UDC 11-4-3-11. The subject site is located within the Mixed-use Community (MU-C) future land use. Uses within the nearby radius should also be contemplated for compliance with this future land use. Staff finds the proposed use and the surrounding uses, both existing and planned, comply with the MU-C future land use designation. The submitted site plan shows a rectangular building and a double drive-through situated relatively centered on the site. Staff did not initially support site plan and made multiple recommended revisions within the staff report leading to a continuance. o Staff and Applicant met to discuss changes and the Applicant has submitted a revised site plan with these changes. With the revisions made, Staff supports the site plan and finds that the project and proposed drive-through meets the specific use standards. Written Testimony: None Staff Recommendation: Staff recommends approval of the subject CUP for a dual drive-through. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0030, as presented in the staff report for the hearing date of June 17, 2021, 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-2021-0030, as presented during the hearing on June 17, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0030 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #6: ACHD Ustick Maintenance Facility (H-2021-0029) Application(s): Annexation and Zoning, with a development plan. Size of property, existing zoning, and location: This site consists of 23.7 acres of land, zoned RUT, located at 3764 W. Ustick Road (approximately ½ mile west of Ten Mile on the north side of Ustick). Adjacent Land Use & Zoning: North – Fivemile Creek, City Wastewater recovery facility and I-L zoning East – Ninemile Creek, C-N zoning on City property (future well/water tank site) South – Ustick Rd., R-4 zoning and detached single-family West – RUT, County Ag/Residential History: N/A Comprehensive Plan FLUM Designation: Mixed-use Non-Residential Summary of Request: Request for Annexation and Zoning with the I-L zoning district; Annexation area is 30.27 acres but subject site is only 23.7 acres—Applicant is also annexing creek area to ensure no County enclaves exist. Proposed use is for an ACHD Maintenance Facility that falls under the Public Utility, Major use within our development code. The project is proposed over multiple phases from this year through 2028 and includes a number of different elements to the site including: decant and washout area, broom sheds, salt shed, truck wash and scales, Admin. Building, Fleet building, and covered and uncovered storage areas. Since the publication of the staff report, the Applicant has provided staff an updated phasing plan consistent with the analysis within the staff report and discussions that have occurred between staff and the Applicant team. Mixed-Use Non-Residential – The purpose of this designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example, this MU-NR area is used adjacent to the City’s Wastewater Resource Recovery Facility, a heavy industrial use that should be buffered from residential. Appropriate uses in MU-NR areas would include: employment centers, professional offices, flex buildings, warehousing, industry, storage facilities and retail, and other appropriate non-residential uses. The proposed use of an ACHD Maintenance Facility falls into those nonresidential uses noted as ideal for this future land use designation because it will act as a buffer between existing residential and the wastewater recovery facility. The Applicant is proposing to install solid fencing and the required landscape buffers adjacent to Ustick and the existing county residence directly to the west (in addition to a new public collector street). If the property to the west develops in the future as a nonresidential use as called for on the future land use map, the buffer proposed with this application along the west boundary should act as an adequate transition between uses. Despite the probable noise associated with a maintenance facility such as this, adequate landscaping and separation from existing residences by Ustick Road offer appropriate separation and should mitigate the noise from trucks and machinery. In addition to the proposed use itself, the hours of operation for the facility are an important factor in determining if the proposed use fits in this location. The Applicant has stated the planned hours of operation are Monday thru Friday, 7am to 5:30pm with occasional late-night hours during emergency situations. During the summer, the Applicant has also stated that chip-seal operations require some weekend hours but should be within the normal daytime operating hours. Staff nor the Applicant can foresee emergency situations so it is not feasible to mitigate every possibility associated with the proposed use. Due to the likely minimal late-night operations, Staff believes the proposed Development Agreement provisions and screening methods will be sufficient in mitigating any noxious consequences of the proposed use. Therefore, Staff finds the proposed ACHD Maintenance Facility to be generally consistent with the Comp Plan. There is an existing county residence on the property that is no longer occupied. The Applicant has stated this home is to now be sold and removed from the site instead of being used as a temporary office, as originally proposed. Therefore, the existing driveway access to Ustick will be closed as well. The proposed use is a permitted use within the requested I-L zoning district but is also subject to specific use standards. Staff’s analysis finds the proposal to be consistent with the specific use standards as well as the dimensional standards of the I-L zoning district except for the required building street setback to Naomi Avenue (new collector street along half of the west boundary). The site plan shows the building 25 feet from edge of ROW but should be at least 35 feet. Part of the screening methods used for this project is fencing. The Applicant is proposing to construct 8-foot tall chain-link fencing with 2 feet of barbed wire above that along the north and east property lines—this fencing is also proposed to be coated in a colored and rubberized material. Along the west and south property boundaries, the Applicant is proposing 8-foot tall TREX fencing. The proposed TREX fencing is being strategically proposed to offer the most screening and buffering to the existing residences. 8-foot tall fencing is allowed within industrial zoning districts and per the height definition of fencing provided in UDC, barbed wire fencing is not included in the height measurement of fencing and is allowed in the I-L zone. Access is proposed via construction of a new collector street that aligns with Naomi Avenue to the south. The Applicant is proposing to construct the collector street as a 3-lane, 52-foot wide street section within 74 feet of right-of-way with 5-foot detached sidewalk on the east side of the street; when the property to the west redevelops they will be expected to complete the street with sidewalk on their side of Naomi. The submitted plans show this new road to terminate in a temporary hammerhead type turnaround approximately 625 feet into the site for future road connectivity to the west. ACHD has offered their approval of the proposed Naomi Avenue extension and termination on the north side of Ustick Road. Off of Naomi Avenue, the Applicant is proposing two driveway accesses for access into the facility that will be gated. Staff supports the proposed access and road improvements. Lastly, utilities for the site – Sewer services are not currently available to the site. Therefore, the Applicant is also requesting a City Council Waiver to delay connection to City sewer; City water is readily available. It is not entirely clear at what point utilities will be available or needed for the site but due to the phasing and the lack of sewer availability currently, the Applicant has not submitted any utility plans at this time. With future development, the Applicant will be required to submit these plans and continue coordinating with the City to connect to public utilities, including water needed for irrigation. The Applicant is having ongoing discussions with the City Engineer on the best path forward for the sewer needs and timeline of this project. This is expected to be resolved prior to the Council meeting. Written Testimony: None Staff Recommendation: Staff recommends approval of the requested AZ and use. 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- 2021-0029, as presented in the staff report for the hearing date of June 17, 2021, 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-2021- 0029, as presented during the hearing on June 17, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0029 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item 4. 79 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from June 3, 2021 for Topgolf (H-2021-0033) by Arco/Murray, Located at 948 S. Silverstone Way A. Request: Conditional Use Permit for an outdoor recreation facility on 11.56 acres of land in a C-G zoning district to include extended hours of operation from 8:00 a.m. to 2:00 a.m., seven days a week, abutting a residential zoning district. Item 4. F80 (:�N-VE IDIAN IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: June 17, 2021 Topic: Public Hearing Continued from June 3, 2021 for Topgolf(H-2021-0033) by Arco/Murray, Located at 948 S. Silverstone Way A. Request: Conditional Use Permit for an outdoor recreation facility on 11.56 acres of land in a C-G zoning district to include extended hours of operation from 8:00 a.m.to 2:00 a.m., seven days a week, abutting a residential zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing 7 i i PUBLIC HEARING SIGN IN SHEET i DATE: June 17, 2021 ITEM # ON AGENDA: 4 PROJECT NAME: Topgolf (H-2021-0033) PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 � � 2 � tv m1k.66 IVA� 3 4 5 6 7 8 9 10 11 12 13 14 15 Item 4. ■ STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING June 17,2021 Legend DATE: Continued from: 6/3/2021 � Project Lacfltar 0 TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner ff 208-884-5533 -T Bruce Freckleton,Development Services Manager -- 208-887-2211 SUBJECT: H-2021-0033 Topgolf � d LOCATION: 948 S. Silverstone Way SW 1/4 of Section 16,T. 3N.,R.1E. �� I. PROJECT DESCRIPTION Conditional use permit for an outdoor entertainment/recreation facility with a non-permanent outdoor stage/music venue on 11.56-acres of land in a C-G zoning district to include extended hours of operation from 8:00 am to 2:00 am, seven days a week, abutting a residential zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 11.56-acres Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use(s) Vacant/undeveloped land 1 Proposed Land Use(s) Outdoor entertainment/recreation facility Neighborhood meeting date;#of March 30,2021;one(1)attendee(neighbor) attendees: History(previous approvals) H-2018-0126(PP);H-2019-0005 (MDA Inst.#2019- 0037825);H-2019-0081 (MDA Inst.#2019-088365);H- 2019-0128(FP)—Rackham Subdivision(recorded) Pagel Item 4. F 2 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes-letter stating no improvements are required to adjacent streets;a traffic impact fee is re uired to be paid. • Requires ACHD Commission No ' Action es/no Access(Arterial/Collectors/State E.Overland Rd./Silverstone Way(existing) Hwy/Local)(Existing and Proposed) Existing Road Network Yes C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend Pra}ect Lacafnr 21 � Project Lcc o-c r Oft -RC 4 i 3 i 6 fT � - Zoning Map Planned Development Map Legend r U Legend ff ff Prayed Lcca-nor I Pralect Luca-Ron t �- +_� City Lin-& L O — Planned Parcels ` El -1 R-3� RUT R1 A 1 _ RUT � 2 -C R=14 - 5 rT ff Page 2 Item 4. F83] III. APPLICANT INFORMATION A. Applicant: Paul Straits,Arco/Murray— 113 N. May St., Chicago, IL 60607 B. Owner: Tonn Peterson,BVA Development, LLC—2775 W. Navigator Dr., Ste. 220,Meridian,ID 83642 C. Representative: Tanner Micheli,Topgolf International,Inc.—8750 N. Central Expy, Ste. 1200, Dallas, TX 75231 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 5/14/2021 Radius notification mailed to properties within 300 feet 5/11/2021 Site Posting Date 6/3/2021 NextDoor posting 5/12/2021 V. COMPREHENSIVE PLAN (Comp. Plan) This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map(FLUM)in the Comprehensive Plan. The purpose of the MU-R 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.The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D(pg. 3-17). The Applicant proposes to develop an entertainment complex(i.e. Topgolf) on the site consisting of a multi-level golf driving range with a full-service restaurant and bar. The site is located in close proximity to a major intersection at S. Eagle Rd. and E. Overland Rd. and near the Eagle Rd./1-84 interchange. This use will have a regional draw and will have supportive uses in the vicinity consistent with the MU-R designation. The following goals and policies in the Comprehensive Plan are supported by the proposed development: • "Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic vitality."(3.06.02) The proposed use will contribute to the mix of uses in this area that ensure livability and economic vitality of the community. • `Encourage and support mixed-use areas that provide the benefits of being able to live, shop,dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) Page 3 Item 4. 84 The subject mixed-use area currently contains office uses and will eventually include other commercial and residential uses. The proposed entertainment center will offer opportunities for play and recreation in close proximity to employment and residential uses as desired. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A). An 8-foot wide pathway is proposed within the buffer along the entire frontage of I-84 and along main driveways within the site for pedestrian connectivity and easy access within the mixed-use development. • "Minimize noise, lighting, and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.01F) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. VI. UNIFIED DEVELOPMENT CODE UD The proposed use, an outdoor entertainment/recreation facility with a non-permanent outdoor stage/music venue, is listed as a conditional use in the C-G(General Retail and Service Commercial) zoning district per UDC Table 11-2B-2. Extended hours of operation are proposed from 8:00 am to 2:00 am, seven days a week, abutting a residential zoning district,which also requires conditional use approval per UDC 11-2B-3B. VII. STAFF ANALYSIS The proposed use is consistent with the MU-R FLUM designation in the Comprehensive Plan as discussed above in Section V. The proposed development is generally consistent with the conceptual development plan included in the Development Agreement(Inst. #2019-037825 ߣ-088365) for this site and complies with the conditions governing development of the subject property in the agreement. The CUP is required for the outdoor stage/music venue that is proposed as a non-permanent component of the outdoor entertainment/recreation facility,which is a principal permitted use in the C-G zoning district. Although the subject property abuts a residential zoning district to the east,the residential homes have been removed by the developer who recently acquired these lots for future expansion of the mixed-use development to the west(i.e. Rackham Subdivision). Therefore,the extension on the hours of operation will not adversely affect abutting residential uses as there are none. In fact,the closest residence is approximately 918' to the south of the driving range. The outdoor stage is proposed to be located in the patio space which will seat 71 people and will be fully enclosed by an 8' tall fence. During the summer months the stage is anticipated to be used about once a week in the afternoons until the venue closes. Performances will be limited to small musical acts and no additional sound equipment will be used for any performances—all music will be channeled through the building's integrated sound system. The proposed use is subject to the following UDC standards: Specific Use Standards (UDC 11-4-3-2)-Arts,Entertainment or Recreation Facility, Indoors and Outdoors: (Staff analysis in italics) 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 Page 4 Item 4. ■ areas of golf courses,including golf tees, fairways, and greens, are an exception to this standard. (Ord. 07-1325, 7-10-2007). The outfield and targets for the proposed golf entertainment facility are located within 100'of the shared property line with a County residential district(RI) to the east. However, as noted above, the homes on the adjacent lots have been removed and this area will be redeveloped and included in the subject mixed-use development. Further, this area could be deemed to qualify as the playing area/driving range of a golf course, which is exempt from this standard. 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. The activity center(i.e. outfield and targets) is not within 50'of any property line. The Applicant is requesting an extension of the hours of operation from 8:00 am to 2:00 am, 7 days a week with the CUP application as allowed by UDC 11-2B-3B. See Hours of Operation below for analysis. 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.Accessory uses consisting of a restaurant, bar, golf lessons and golf academies for kids should serve patrons of the use only. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title.Applicant shall comply with this and all relevant code sections upon approval. 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.A swimming pool is not proposed with this project. 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. (Ord. 05-1170, 8-30-2005, eff. 9- 15-2005). The outdoor stage area is proposed to be located in the patio space which is enclosed by an 8'tall fence and will provide seating for 71 people. This area is more than 1,000'from a residence but is within 1,000'of a residential district which no longer has any homes.A CUP is requested as required for the outdoor stage/music venue. Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. Hours of Operation (UDC 11-2B-3B): Business hours of operation in the C-G district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours may be requested through a CUP per UDC 11-2B-3B. Additionally,the specific use standards associated with the use limit the hours of operation from 6:00 am to 11:00 pm per UDC 11-4-3-2A.2. A CUP is requested for extended hours of operation from 8:00 am to 2:00 am abutting a residential district. As discussed above, although the subject property abuts a residential zoning district to the east,the residential homes have been removed by the developer. Therefore, Staff believes the extended hours shouldn't affect any nearby residences.Additionally,the closest residence from the driving range is approximately 918' away to the south. For these reasons, Staff is supportive of the request. If extension of the hours of operation beyond 11:00 pm are approved,the use is subject to the City's noise ordinance(MCC 6-3_0 which states noise may not create a public Page 5 Item 4. 86 disturbance as defined,between the hours of 11:00 pm and 6:00 am or at any time so as to unreasonably disturb or interfere with the peace,comfort or enjoyment of others. Access(UDC 11-3A-3): Access is proposed on the site plan from E. Talons View Ln., a private street along the southern boundary of the site, from S. Silverstone Way, a collector street, from E. Overland Rd., an arterial street to the south.No access is proposed or allowed via I-84. Two points of access are available for emergency access that meet Fire Dept.requirements—one via S. Rackham Way and one via S. Silverstone Way. E. Talons View Ln. ends approximately 200' west of the east property line and is not proposed to extend to the east at this time. There is a public street, S. Rolling Hills Drive,just off-site from the subject parcel to the east. Rolling Hills Drive is constructed as a local,rural street with 24' of pavement and does not have curb, gutter, sidewalk or streetlights. It provides access to the remaining homes in Rolling Hills Subdivision and dead-ends in a cul-de-sac at the north end. Because S.Rolling Hills Drive currently serves residences and is not improved to urban standards(i.e.—no sidewalk, curb,gutter or streetlights and has a narrow pavement width), Staff recommends access be prohibited to the Topgolf site via S.Rolling Hills Dr.until such time as improvements are made that are deemed appropriate by ACHD and the City.All vehicular access,including construction access, should be taken via the private street(Street A) from S. Silverstone Way until such time.See public record for comments from neighbors. Parking(UDC 11-3 : A minimum of one(1)off-street parking space is required per 500 square feet(s.f.)of gross floor area. Based on 36,771 s.f., a minimum of 74 parking spaces are required. A total of 275 parking spaces are proposed, exceeding UDC standards. Landscaping(UDC 11-3B): Street buffer: The street buffer along 1-84 was required to be constructed with the improvements for Rackham Subdivision.No other public streets abut this site. Buffer to residential uses: There are no residential uses abutting this site. The former residential homes to the east have been removed. Parking lot: Landscaping is required in the parking lot per the standards in UDC 11-313-8C. No linear grouping of parking spaces may exceed 12 in a row without an internal planter island per UDC 11-3B-8C.2b; the row of parking directly south of the green space on the east end exceeds 12 spaces—the site/landscape plans should be revised to comply.All other landscaping appears to comply with UDC standards. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11 C unless otherwise approved through alternative compliance. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting;the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11 C. Details of the lighting proposed on the site that demonstrate compliance with the standards listed in UDC 11-3A-11 should be submitted with the Certificate of Zoning Compliance application. Fencing(UDC 11-3A-�: No fencing is depicted on the site/landscape plan. Fencing is depicted on the elevations to the north and south sides of the storefront. Eight-foot tall cedar fencing is proposed to fully enclose the patio area. All fencing should be depicted on the plans submitted with the Certificate of Zoning Compliance application and comply with the standards in UDC 11-3A-7. Page 6 Item 4. 87 Net poles with a polyester barrier netting system ranging from 70' to 156' in height are proposed around the perimeter of the driving range to contain golf balls. This barrier does not meet the definition of a fence in UDC 11-1A-1 and therefore is not subject to the fencing standards in UDC 11-3A-7. Building Elevations: Conceptual building elevations were submitted for the proposed structure as shown in Section IX.C. Building materials consist of EIFS and metal in a variety of colors,glazing and composite paneling. The elevations appear to generally comply with the standards in the Architectural Standards Manual;however, a detailed review will take place with the administrative Design Review application. Certificate of Zoning Compliance(UDC 11-5B-1 A Certificate of Zoning Compliance(CZC)is required to be submitted for the proposed use prior to submittal of a building permit application to ensure compliance with UDC standards and the conditions listed in Section X. Administrative Design Review(UDC 11-5B-8): An application for administrative Design Review is required to be submitted concurrent with the CZC application. The design of the site and structures is required to comply with the standards listed in UDC 11-3A-19 and in the Architectural Standards Manual(ASNI). VIII. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions in Section X per the Findings in Section XI. Page 7 Item 4. 88 IX. EXHIBITS A. Site Plan(date: 4/16/2021) RM rrv�Rsrare as - � " �•l�{��ixa: � l�'��'.�as-.�C � I � gR�fq it $ �� '. ,ls p yr-yX�. L _ �J e.'i !�•.e�e e.u.ar } - - —_ IVAT1=j - � 51lE PLAN w..aBue� � I ® .i•r-.vrva. Page 8 Item 4. 89 B. Landscape Plan(date: 4/28/2021) sxE.:E� xrrtx xm>re w.,T.: 3� I Ll l l i l l l l l i l l m I f l l ffftl LLL.L n\ N ' �� m CZC LANC6CAPE PLAN �U mxrs�.m nxr LAMMXE GLW�TONG TAEI.E _a :rye+•ma Q J gFll1®9i x�.�..ow..w..cxner. V man .,,_ur_xoer iwnw LYIL'EfYPE R6'IlBA3116 PLANT SCHEDULEm�'� •m ��(� _ u WK .,m-umm»,.w�.,,mTME.,. -- � ..•.,.Y.,.�.x,�, gym. x.E.wxnnmx xm smaunwm xma., �1xiPEE PIANTING DETAIL x.oe+ �., wx:ax,.xxxr vxx,E .rtx„ 3'L.ssrn� x�.aM. o, xv..a�.�.w�x.m,.�.a.,.,. l�.xx �.,»•.�..-� �,«rt.,.x�xw��,�� �® '� U� wa oo.w..r�. ,xmarna im.re ,CONFER TREE DETAIL nsnxraw.s. ,=aa C, sans.vxwxs,ay.rs.w,vrttc� LJ m ,,e U \SHRIIBPWli1NG DETAIL �IFDGING DETAIL s� �HOIILDER PLtCEm—1 EfP1L 4 L1.1 Page 9 Item 4. Fg-o C. Elevations(dated: 4/22/21) f �I - I —j Front Elevation ru Ni � ;* N� V' I Rear Elevation 0 6 16 3Z 48' 64limmumm ✓fit EIFS-1 EIFS-2 METAL-1 METAL-2 MEPAL--3 METAL-4 STOREFRONT COMPOSITE CEDAR PAINT-1 PANELING FENCE —4 , Exterior Elevations Boise,ID i Planning and Zoning April22,2021 Page1aria 7FENCE 1 Left Elevation Righi Elevation 0 6' 16' 32, 48' 64' MEN no -on I EIFS-1 EIFS-2 6AETAL-1 METAL-2 METAL--3 METAL-4 STOREFRONT COMPOSITE CEDAR PRINT-1 PANELING FENCE —� Exterior Elevations aria Boise,ID i Planning and Zoning i April 22,2021 i Page2 GROUP Page 10 Item 4. F91-1 Zak Ek ROOM NAME ARFf. Fi. TIRULE IGO Sq Ff. 00]L06oY 14o Sq Ff. RETAILso 635 34 rT 005 BAR SEATING 635 Sq FT r^"� BAG SrORAGE I]0 S4 FT pp1 00]REVERAr3ESTATION . SQFT. B�'p 06P MEN'5TOIIET _RQ I7 009 WOMEN'STOEET w SO.Ff. Ol HALL'.YAY 355 so,FT. 1' Oil JANITOR CLOSET 15 so,FT. J Olt KITCHEN ]965 so,FT. 313 gECIRICAL RDOIA 96=FT. OM MECHANICALRDOM 15G Sq FT. O15 Iq ROOM 135 Sq FT. 01 FAMI 65 so,FT. Ol ASH ROOM 0-55G Sq FT OM OUTDOOR PRTRI uN 2395 so FT 019 MAINTENANCE 630 Sq FT HITTING RAY _R4 FT HITTING RAY SEATING 5 S4 FT O? EVNJTBAY -Rq FT GROSS FLOOR AREA 19,691 TOTAL SQUARE FEET AT GROUND LEVEL Floor Plan-Ground Level r 1 Boise,ID I Planning and Zoning I April 22,2021 I Page 3 I I G ROl1P ORUJL-3n�p to too I o Q RMR RODMHAME AREA Iso,Er.? 1U HALLWAY 190351 Ff. 1 J X WE"M RODIM ]1154 Ef Ho _W BAG STORAGE 115 M Fr. FAMILYTOILET SO RD FC FAMILY TCIIET 30 so_Er. -DI O / � HALLWAY ]w sq FT. / W HALLWAY 130 sa Er. 11 SERNLE BAR 3R554 FT J 11 UQ MR STURI 2i05q Er.L ]l STORAf£ -DI 11 ITOR CL06Ef LS so,FT. 11 EMPLOYEE LOCKERS 29 sq Er. 11 SAFE ROOM AS QI-r 11 DR10E —sq ET. 11 WORKROOM 935 so EL 11 EVENTSPl15 ]90 so,a. 11 STORAGE 900sa Er. � HRnHG BRY z695 54 FT HRnNGRAYSEATIHG 5186 so,FT. 11 EVENT RAY 2Z]S Sq FT. GROSS FLOOR AREA 17,080 TOTAL SQUARE FEET AT UPPER LEVEL —R Floor Plan-Upper Level aria Boise,ID I Planning and Zoning I April 22,2021 1 Page 4 GROUP Page 11 Item 4. 92 ... .......... . ... ................... .... .. ,tea roircsrenal.nwir Ewa smEwMsxwromxr� I .____. ---- reuaucxox� I as ----- ---------- --------- --------- ---------- --------- .,xar;,x=,n.xwrn��_ mrw-msrninomri r Ewa Mc«an seu »Einx55ra�e�- 1 ___________156'L' \ +� wivrn[i inxeiaxnnrcm'rni rxrraar --_.._._._'T, ' �, LNGLtuESH 9FM. I rtmurm tratcnesr wmR+e.] srwxsr+�smnxomr.] .ea°[a.Peursr k6 I a n�rxw��n am�nx�srexcm rf rwtrcu�nwca —` Net Pole-Elevations r Boise,ID I Planning and Zoning I April 22,2021 1 Page 5 I ` G R D u P Page 12 Item 4. ■ X. 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, including but not limited to the following: a. 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, and not the general public. b. Any outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems." 2. Any outdoor event shall only operate between the hours of eight o'clock(8:00)A.M. and two o'clock(2:00)A.M. as approved with the subject conditional use permit. 3. Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. Lighting details shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards. 4. The site/landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. The row of parking directly south of the green space on the east end exceeds 12 spaces in a row without an internal planter island;revise to comply with UDC 11-313-8C.2b. b. All proposed fencing shall be depicted on the plans and shall comply with the standards listed in UDC 11-3A-7. 5. Access via S. Rolling Hills Dr. shall be prohibited to the site until such time as improvements are made that are deemed appropriate by ACHD and the City for public access to the Rackham mixed-use development. All access, including construction access, shall be taken via the private street(Street A) from S. Silverstone Way until such time. 6. Compliance with the City's noise ordinance(MCC 6-3-6),which states noise may not create a public disturbance as defined,between the hours of 11:00 pm and 6:00 am or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others, is required. 7. A Certificate of Zoning Compliance and administrative Design Review application is required to be submitted to the Planning Division and approved prior to submittal of a building permit application. B. Ada County Highway District(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=228116&dbid=0&repo=MeridianC Lty https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=229305&dbid=0&Mpo=MeridianC Lty A Traffic Impact Study(TIS) was not required with this application as it was already included in the TIS for Silverstone (Eagle View Landing)Subdivision. Page 13 Item 4. 94 C. Nampa&Meridian Irrigation District(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=229 759&dbid=0&repo=MeridianC Lty D. Boise Project Board of Control(BPBC) https://weblink.meridiancioy.or zlWebLinkIDocView.aspx?id=228670&dbid=0&repo=MeridianC Lty E. Police Department(PD) The Police Dept. has no comments at this time. F. Meridian Fire Department(MFD) The Fire Dept. has no access or fire flow issues with this development. The building will need a plan review by the Building Department. XI. FINDINGS A. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The site meets all the dimensional and development regulations of the C-G zoning district for the proposed use. Therefore, Staff finds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed use will be harmonious with the Comprehensive Plan in that it will provide an entertainment use which will contribute to the mix of uses desired in the MU-R designation. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds the design, construction, operation and maintenance of the proposed use with the conditions imposed, should be compatible with the other commercial and residential uses existing and proposed in this area and will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. If the proposed use complies with the conditions of approval in Section X 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. Staff finds the proposed use will be serviced adequately by all of the essential public facilities and services listed. Page 14 Item 4. ■ 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 will increase in this area due to the proposed use, it should not be excessive and the estimated traffic counts on adjacent roadways have been determined by ACHD to be acceptable. Noise will also increase but the closest residence is over 850'away to the south which should mitigate any adverse impacts of the noise associated with the use. There shouldn't be any smoke,fumes, glare or odors associated with the use. Therefore, Staff finds the proposed use should not be detrimental to any persons,property, or 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, ef£ 9-15-2005) 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. Page 15 E IDIAN;--- Applicant Presentation źĭźƓźƷǤ {źƷĻ tƌğƓ \[ĻǝĻƌ \[ĻǝĻƌ ƓķƭƷ ЋЊ Item 5. 96 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from June 3, 2021 for Popeyes Drive-Through (H- 2021-0030) by Erik Wylie ofJRW Construction, LLC, Located at 6343 N. Linder Rd. A. Request: Conditional Use Permit for a drive-through establishment within 300-feet of an existing drive-through on 1.0 acres of land in the C-G zoning district. Item 5. F97 (:�N-VE IDIAN:-- IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: June 17, 2021 Topic: Public Hearing Continued from June 3, 2021 for Popeyes Drive-Through (H-2021- 0030) by Erik Wylie of JRW Construction, LLC, Located at 6343 N. Linder Rd. A. Request: Conditional Use Permit for a drive-through establishment within 300-feet of an existing drive-through on 1.0 acres of land in the C-G zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing PUBLIC HEARING SIGN IN SHEET DATE: June 17, 2021 ITEM # ON AGENDA: 5 PROJECT NAME: Popeyes Drive-Through (H-2021-0030) PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 � 3 4 5 6 7 8 9 10 11 12 13 14 15 Item 5. Mayor Robert E.Simison 98 E IDIAN City Council Members: .�� Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault I D A H ❑ Luke Cavener Liz Strader June 10, 2021 MEMORANDUM TO: Planning and Zoning Commission CC: Renny Wylie and Erik Wylie, JRW Construction, LLC FROM: Joseph Dodson, Current Associate Planner RE: Popeyes Drive-through CUP (H-2021-0030) Dear Commissioners, Following the original staff report publication for the Conditional Use Permit for a Popeyes Drive-through the Applicant requested a continuance to work with Staff on the requested site design changes. Following this discussion, the Applicant has sent a revised site plan with all of the requested changes to the site plan. The revised site plan is attached and Staff s recommended revisions to the conditions of approval are noted in strikethrough and underline changes below: Conditions of approval, Section VIILA: A.2a— ; A.2c—The west drive-aisle shall be no less than-20 15 feet in width(not including the drive- through lane) and the east drive aisle shall be no less than 12 feet in width. A.2d—The parking spaces along the north boundary shall be r-estfieted shown as employee parking only on the site plan. Strike A.3a-3e. (3f remains as written). Modify A.4a—Show compliance with UDC 11-3B-8C by constructing the required 5 feet of perimeter landscaping along the west boundary adjacent to the revised angled parking location; this shall be constructed with this application regardless of the property line location because there is common ownership between the two properties. Community Development Department - 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 - Fax 208-888-6854 - www.meridiancity.org Item 5. ■ Exhibit A: Revised Site Plan(dated: June 7, 202 1) t T 2 7 7. FRf55UFZL7ED IRRIGATION MAIN LINE 7 ,PY-ON 5IGN 7 35 C I r 6 VC E-1H RUA ME AP NO -LANL)5CAFE PLANTER P N,1 -j c sm,� ONE WA DO NOT ENTE -1)RIVr THIJ PRIMARY ACCF55 A15LF To CLEARANCt BARBE BUILT IN CONJUNCTION VATM POFEYE5 SITE UNDERGROUND .9- IN ALL WATEFTA 1111.SITE 13irE PARKING 4 LOADING EXISTING BUILDING VACANT LOT -LANL)5CArr PLANTER 4'LANDSCAPE BUFFER- LAN D5CAFE PLANTER- r "I SIGN 15TING DRIVE WATER MAIN THAW, YOUX0 NOT ENTER SIGN-----_- 12 z 77 ,7w ONE WAY SIGN DUMP5TEF,ENCL OSURE 5EV/fF,MAIN PARKING CALCULATION5: REQUIRE[): I PER5005F GFO55 FLOOR AREA PROPOSED SITE PLAN 50012325-4.G5(5 SPACES REQUIRED) PRO �SPACES 0.79ACRE. HANDICAP YP1fKDAEKD1 PARKING:EQLJ § 6 PARKING SPACES F�p ) -11 PIINC 5FACI-5= I HE 5FACE ,OVIDFD:�_ Hc FACE 110CARSTACKING BICYCLE CALCULATIONS: SCALE:1"=20'-0" PROVIDED:4 I FIR 2p]PURPOSED VEHICLE SPACES SFAC 2 Item 5. ■ E STAFF REPORT REPORT a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/3/2021 Legend DATE: Project Location TO: Planning&Zoning Commission ', ------ FROM: Joseph Dodson,Associate Planner 208-884-5533 a SUBJECT: H-2021-0030 Popeye's Drive-Through—CUP LOCATION: The site is located at 6343 N. Linder � ff Road,the southwest corner of W. Chinden Boulevard/Hwy. 20/26 and N. Linder Road,in the NE 1/4 of the NE 1/4 of 01 Section 26, Township 4N.,Range 1W. � �� I. PROJECT DESCRIPTION Conditional Use Permit for a drive-through establishment within 300-feet of an existing drive-through on 1.0 acres of land in the C-G zoning district with concurrent Administrative Design Review for the proposed building elevations. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.0-acre Future Land Use Designation Mixed-Use Community Existing Land Use Vacant/undeveloped Proposed Land Use(s) Restaurant with a dual drive-through Current Zoning General Retail and Service Commercial District(C-G) Physical Features(waterways, None hazards, flood plain,hillside) Neighborhood meeting date;# April 5,2021; no attendees(One phone call after of attendees: meeting, see application materials online) History(previous approvals) AZ-06-006;PP-13-031; FP-14-020; MDA-13-019 (DA Inst. #114014784). Page 1 1 1 1 CHIN 1� I CHINDFN r l AA'Y,. man NINE Ill ■11■III■■ +I _ . ■mills _� ►�� �:� _ ■■■ ■■ �■ - emission ■■■ loss , III11 ■■■IIIIIIl11 1111■■■ �_� 1 IIIIIIs � �_ - s:...�-� ��I•, �■■l ill ��■r � � �IIIIIII I f� I °�.,�... -bl 1111111111 - } 5 _ CHINDFN CMINDFN _ IIIr1111111111 IIIII � ■■111111111111 III 1 "� ■I■ �1NI■■■■■■■■■■r Z 11111111■■■■■■■■r Z on OEMONE ■ slss111■■ �" ■■■■■■■ ml 1111 s1 ■ mom■■■■■■ wm111111 11 ■ ■■■ loss Is11111111 �'1■ s■■ ■ o■ss Is11111111 �'�■I■IIs■I �■■l ill s 1111111 � �� :1111 M 1111111 � � �■111111111 ■r11111 IIf� =� �I��II �■■l ill �.�r111111 I111� , =�I�I��II 11WI1s IN — IIIIIs sI1I/ ■ — ■rNw � s111111111� � � 4fl11111111� li� � Item 5. F102 C. Representative: Same as Owner IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 5/14/2021 Radius notification mailed to 5/11/2021 properties within 500 feet Site Posting Date 5/21/2021 Next Door posting 5/12/2021 V. STAFF ANALYSIS The proposed drive-through is for a 2,325 square foot Popeyes Louisiana Kitchen restaurant that is within 300-feet of a separate drive-through to the south,which requires Conditional Use Permit approval(CUP)per UDC Table 11-2B-2 and the specific use standards,UDC 11-4-3-11. The submitted site plan shows a rectangular building situated relatively centered on the site with angled parking along the east and north boundaries. The site plan shows one-way drive aisles around the building that connects to a two-way drive aisle in the northwest corner of the site;this two-way drive aisle is off-site but the adjacent property shares the same ownership. The Applicant anticipates the north drive aisle to be the main point of access to the drive-through. The subject site is located within the Mixed-use Community(MU-C)future land use which contemplates a multitude of uses,residential, commercial, and otherwise. Due to the size of the site, this singular site cannot be expected to contain three distinct uses as discussed within the mixed-use sections of the Meridian Comprehensive Plan. Instead,those uses within the nearby radius should also be contemplated for compliance with this future land use. Staff finds the proposed use and the surrounding uses,both existing and planned, comply with the MU-C future land use designation. Specific Use Standards: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment. A site plan is required to be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties.At a minimum,the plan is required to demonstrate compliance with the following standards: In general,Staff does not support the proposed site design and is recommending revisions for the Commission to consider,Staffs analysis of the specific use standards and any recommendations are in italics. 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of-way by patrons; The proposed site layout places a dual ordering drive-through along the south of the site and the pick-up window on the east side of the building. With this site design the proposed drive-through has a minimal stacking lane due to the overall site and building being relatively small. Furthermore, the site design is made for traffic to flow in a circular pattern around the building utilizing a portion of the drive aisle adjacent to the west side of the building as the stacking lane. Furthermore, the proposed site design with the anticipation of the extended north drive aisle as Page 3 Item 5. ■ the main entry point requires patrons who intend to park and utilize the dining room to go through the site along the west boundary, use the shared drive aisle along the south boundary to head east, and finally enter the site again to use the parking spaces.As proposed by the Applicant, Staff can envision patrons double stacking to order faster and block the one-way drive along the west boundary and effectively restricting patrons from using the parking spaces along the east boundary. Staff also envisions patrons blocking and/or utilizing the north drive aisle and obstructing both this anticipated exit and entry for the site with as few as seven (7) cars stacked along the west of the building(approximately 140'from the ordering window to the north drive aisle). Therefore,Staff recommends multiple changes to the site design:1) one drive-through instead of two should be utilized;2) the ordering and pick-up areas be flipped on the site to have the pick-up window on the west side of the building and the menu boards located near the north/east side of the site,and 3)flip the parking from the east side of the site to the west side of the site. These changes will allow for adequate stacking with less potential of obstructing the existing drive aisle along the south boundary of the site and allow customers who want to utilize the dining room better access to parking which would be on the west side of the building instead of the east. Further analysis is below in the Access and Parking sections of this report. In addition,Staff does not agree with the Applicant that the northern drive aisle would be utilized as the main access point to the site and instead Staff believes the existing drive aisle along the south of the site will be utilized more for the drive-through component of the business. Because the site is designed to function as a one-way loop, the Applicant should provide more than adequate signage to ensure patrons utilize the traffic flow correctly. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designed employee parking. Per the submitted site plan, the stacking lane(s) are along the west side of the site and are separated from the west drive aisle by striping despite having two drive-through menu boards/speakers. With two proposed drive-through speakers, Staff does not find the proposed separation to be sufficient. In fact, and as noted above, Staff believes patrons would utilize the drive west drive aisle as the second stacking lane and completely obstructing this drive aisle and site exit. Staffs recommended changes above would help alleviate this issue by removing the dual drive-through speaker and placing the singular one along the north/east side of the site adjacent to the one-way drive aisle that is eight feet wider than the west drive aisle. Further analysis is below in the Access section of this report. 3)The stacking lane shall not be located within ten(10) feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100)feet in length shall provide for an escape lane; and The stacking lane exceeds 100'in length but utilizes some of the one-way drive aisle as the stacking area so it is difficult to discern where the stacking lane starts. However, there is also no need for a designated escape lane because the site design does not close off the menu board and patrons can exit the drive-through by utilizing the drive aisle. The adjacent drive aisle is wide enough to function as the escape lane so Staff has no concern with the Applicant complying with this standard with the recommended changes noted above that allow for patrons to exit directly west through the new drive aisle along the north boundary or to the south adjacent to the pick-up window on the west side of the site should they decide they no longer wish to order. Page 4 Item 5. F104 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The proposed drive-through is located along the south and east side of the site and is visible from Linder Road. With Staffs recommended changes, the menu boards would be located along the north side of the property with the pick-up window on the west side of the building and less visible than currently proposed. After discussions with Meridian Police, they are more concerned with the site circulation than they are regarding the pick-up window being less visible on the west side of the building. Locating the pick-up window on the west side of the building still allows it to be visible from Chinden Boulevard and from within the commercial subdivision. Staffs specific recommendations can be found in Section VIII.A2 &A3. The proposed use of a Restaurant is subject to an additional specific use standard listed in UDC 11-4- 3-49 and notes that the minimum amount of parking shall be one(1) space for every 250 square feet of gross floor area.Based on the proposed building size of 2,325 square feet noted on the submitted site plan, a minimum of nine (9)parking spaces are required. The proposed site plan shows 19 parking spaces, exceeding UDC minimums.At the time of the future Certificate of Zoning Compliance(CZC) application, the data table on the site plan should be corrected to reflect the correct minimum standards of a restaurant use instead of the general commercial ratio. Access: Access to the site is shown via two drive aisles: one along the south boundary which is currently existing, and; one abutting the site in the northwest corner that is proposed to be constructed with this project. The new proposed drive aisle would traverse an undeveloped lot and connect to a drive aisle that serves existing commercial buildings along Chinden(including an additional drive- through). This drive aisle is the proposed main entry point to the site, according to the Applicant. The south drive aisle is existing and traverses through the entire commercial subdivision with an access to a private drive aisle intended to be an auxiliary ingress/egress point for the properties in this area. Because the south drive aisle does not have any parking that directly accesses this drive aisle and has access to an auxiliary ingress/egress point, Staff believes this drive aisle will be far more utilized than the new north drive aisle that starts much closer to the Chinden ingress/egress and is essentially a parking lot instead of a drive aisle. Therefore,with the potential access points and the concerns introduced above, Staff has recommended revisions to the site plan to help mitigate the concerns and increase the efficiency and safety of the site design. First,Staff recommends the drive-through contain only one(1) ordering speaker to help mitigate double stacking issues. Secondly,Staff recommends mirroring the site to have the menu board on either the east or north sides of the site therefore moving the pick-up window to the west side of the building.Staff does not know if the entire site needs to be flipped placing the main entrance facing south;this would not be preferred as the more architectural elevations would be facing internal rather than towards the adjacent busy roads.However,Staff assumes the internal portions of the building can be flipped to move the pick-up window to the west side of the building and maintain the patio space and building entry facing north along the entrwyway corridor. With these changes, the entire building can be shifted south and remove the need for any vehicle use area along the south side of the building.Additional landscaping or other features could be utilized in this area. Furthermore, the building shift to the south allows for the menu board to be placed near the north side or northeast corner of the building further away from the patio area—Staff envisions there would be adequate room along the north of the building site to include additional landscaping to screen and mitigate the additional noise generated by vehicles ordering while patrons utilize the patio space. In short, shifting the site south and flipping the location of the ordering and pick-up windows Page 5 — Item 5. Fo5l opens up the site and allows for easier and more logical ingress and egress to the drive-through by allowing vehicles to enter the site in the southeast corner,stack along the east and northeast sides of the building,pick-up their order along the west side of the building, and then immediately exit via the southbound one-way drive aisle to the shared drive aisle along the south boundary. Staffs recommended site design is based on the assumption that more traffic will utilize the drive aisle along the south boundary than the proposed drive aisle in the northwest corner. Parking: A minimum of one(1)parking space is required to be provided for every 250 square feet of gross floor area for the proposed restaurant use. The proposed building is shown as 2,325 square feet requiring a minimum of 9 (rounded down from 9.3)parking spaces; the submitted site plan shows 19 proposed parking spaces exceeding UDC minimums. Consistent with Staff recommendations above, Staff recommends flipping the parking from the east side of the site to the west side of the site and face them south to further mitigate conflicts of stacking and parking. By placing the angled parking on the west side and facing them south instead of north, combined with Staffs previous recommendations of flipping the order and pick-up areas, the building can be shifted east by approximately the width of the proposed 20'drive aisle and the angled parking stalls. Therefore, the east drive aisle and south entrance could be used solely for ordering and stacking at the new location of the menu boards along the north end of the site. With the angled parking along the west side of the building, the one-way drive aisle must be at least 13 feet wide per UDC 11-3C-4 but Stafffeels it should largely mirror what is currently proposed on the east side (approximately 20 feet wide) to allow for the drive aisle to function as the escape plan as discussed above. Furthermore, the flip of the site allows the escape lane and the drive-thru exit to pick-up their order and immediately exit to the south without impeding as many parking spaces. The Applicant could then designate the parking along the north drive aisle as employee parking to meet the drive- through establishment specific use standard that states employee parking may be impeded by stacking lanes (the new order and stacking location along the east and north sides of the building could impede the parking along the north boundary). As noted, to make all of this work all of Staffs recommendations should be utilized including the requirement of clear and visible signage noting the required traffic flow for the site. The existing Development Agreement requires cross-access through all of the commercial parcels within the Knighthill Center Subdivision. Staff does not have a copy of said cross-access agreement but with other applications,the Applicant has shown compliance with this requirement.Staff does not have concerns with the Applicant complying with the existing requirement. A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the submitted plans in compliance with code. Pedestrian Walkways: A striped pedestrian walkway is depicted on the site plan from the proposed building to the multi-use pathway along W. Chinden Blvd. as required by UDC 11-3A-1913.4a. It also appears there is a sidewalk proposed near the south boundary of the site as a connection to the sidewalk along Linder Rd. However, it is not clear by the submitted plans where the sidewalk is and appears to run into the proposed trash enclosure location. Staffs recommended changes would allow the trash enclosure to be pushed further north enough to allow for an unobstructed sidewalk along the south boundary of the site. Because it is unclear if the Applicant is proposing a sidewalk along the south boundary, Staff recommends the Applicant make it clearly visible where the pedestrian facilities are when revising the site plan; this allows the Applicant to match what is existing along the south side of the drive aisle along the south boundary of the site. In addition, this pedestrian walkway to Linder has to traverse a drive aisle and should be distinguished from the driving surface. The Applicant should also make it clear where a pedestrian connection to the Linder sidewalk is Page 6 Item 5. F106 proposed. Furthermore, subsection B of this code section requires that the pedestrian walkway be distinguished from the driving surface by being constructed with pavers, brick, or scored/colored concrete. The proposed site plan appears to only show striping which does not comply with this code section. The Applicant should show compliance with this code section with a future CZC submittal. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-313-8C. Landscaping is depicted on the landscape plan in Section VII.B. A minimum 5-foot wide landscape buffer is required to be provided along the perimeter of the parking or other vehicular use areas as set forth in UDC 11-313-8C.1. The proposed parking spaces align the perimeter of the site which allows the Applicant to utilize the existing street buffer landscaping as the required landscaping. Staff agrees with this design to maximize the site design. This code requirement is also applicable along the west boundary of the site where a 12 foot wide one-way drive is proposed heading south. The submitted plans do not show any perimeter landscaping along this boundary. Because the adjacent property is owned by the same property owner and the western drive aisle is intended to always function as a one-way drive aisle, Staff is amenable to placing the required 5-feet of landscaping on that property instead. With the CZC submittal, the landscape plan should be revised to show the required 5-foot wide landscape buffer adjacent to the drive west drive aisle. Street buffer landscaping,including sidewalks/multi-use pathway, along N. Linder Rd. and W. Chinden Blvd.were installed with development of the overall subdivision. The submitted landscape plans show the buffers remaining as it currently exists except for the new pedestrian connection to the multi-use pathway along Chinden.Proposed buffer landscaping complies with UDC requirements. Mechanical Equipment: All mechanical equipment adjacent to the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be roof-mount, all equipment should be screened and out of view as noted above. Building Elevations: The Applicant applied for Design Review concurrently with this CUP application and therefore provided building elevations to be reviewed. The building elevations were submitted as shown in Section VII.0 and incorporate two main field materials, fiber cement siding and stone. The siding and stone are two contrasting colors(coal-like color and white,respectively) which adds to the overall modern design of the building. On the east and west elevations,the number of proposed windows can act as either an accent material or a third field material. The lack of modulation along the north and south elevations are of concern to Staff. In order to meet the modulation requirements for these two facades, a column of stone at least 6 inches in depth should be added to each facade,matching the overall aesthetic by placing them as evenly as possible on each facade. The detached drive-through canopy is shown with the same two field materials (fiber cement siding and stone)as the main building and meets all of the applicable design standards outlined in the Architectural Standards Manual. No elevations were submitted that show the proposed trash enclosure;this should be corrected with the future CZC submittal and should match the style of the proposed building. The submitted landscape plans do show adequate screening of the trash enclosure. Certificate of Zoning Compliance: A Certificate of Zoning Compliance application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with the conditions in Section VIII and UDC standards. Page 7 Item 5. F107 VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VIII per the Findings in Section IX. The Director has approved the administrative design review request with conditions. Page 8 Item 5. ■ VII. EXHIBITS A. Proposed Site Plan(dated: 4/15/202 1)NOT APPROVED '2f 25 1 "KE55L)RIZED IRRIGATION MAIN LINE! �P ON SIGN I PARKING=19 51`A�E5 �PATIO PRIMARY ACCESS A15LE TO -LJNLI'2 D 5 M DRAIN 13E BUILT IN CONJUNCTION AL VRGTPF,)%ffTA-1NTff'E))PON SITE WITH POFEYE5 SITE 2325 f EX15TING BUILDING 5 1 r6,,F A ING, L R� VACANT LOT 4 D N kT�,3 2�T T WATFF MAIN- fXI.5TING IDFIVff I I L 4. -DUMPYER FNCL05ILJRF • -5EVVER MAIN PARKING CALCULATIONS: REQUIRED: I PEP 5005f`GPO55 rLOOR AREA PROPOSED SITE PLAN PROVIDED: 50%23C2�5-4,65(5 5FACE5 REQUIRED) 19 FA �5 0.80ACRE. I-1ANE)IC r PARKING; REGUIRED: 1-25 PARKING 5FACE5= I MC SPACE + 9 PARKING SPACES FFC)Vli)fD: I 11C 5FACff 110 CAR STACKING 151CYCLEAI 1 5PAff5LCU L.A,1 I ON 5 SCALE:1 20'-0" PEP,G25 PURT'05ED VEHICLESPACES Page 9 Item 5. F-log] B. Proposed Landscape Plan(dated: 4/15/2021)NOT APPROVED {•} Flcw�rcefa,j--y' V Y�•�J W4•.f.,ek.y-r,ec.io 4e rc rarer. I INew PIa+s w � • ,Ism s� � ■r.�,aa fi�tee.sr4 • } it I * t�rti# 2325 5 f I I.-ca..,.G wa4aa.r�a gyyy li.,�r 4&a 6..s4:rs z n w•p.Fad„:�ucl 6�.1�.r7e„/erver 3RW C.,�d'.nr CONCEPTUAL S[TE PLAN POPE-YES Page 10 Item 5. 1 10 C. Proposed Building Elevations and Color Rendering �.y T. u _ q arc8rfecfs ,,.•POPEYES 01 SPECIFICATIONS:q- IEIE�I, HI- TURFRs nwo v s �ti �FG G H'aT' Ne R' FOR SHUiiER M/WUFAGTURERS ULL T. - ... ... sn._i REFER T9 h1A5TERFNGHSGHEGUrE URFNEHES ..„M µ - _ F REFER TU MiuTERLGHTF—IE mwr ,, 1. �•- GHT .a s nRFeFF F�,oNR �eee�ey, Parker .. __ _ ....... ._.,._ POPEYES Page 11 dgs _ Page 12 Item 5. ■ VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the existing Development Agreement(DA Inst. #114014784), and associated conditions of approval(AZ-06-006; PP-13-031;FP-14-020; MDA-13-019). 2. The Conditional Use Permit for the proposed Drive-Through Establishment is hereby approved with the following conditions of approval: a. No more than one(1)menu board/order speaker shall be permitted; b. The site shall be redesigned per the specific revisions noted below in VIII.A3 and A4 below. c. The west drive-aisle shall be no less than 20 feet in width(not including the drive- through lane)and the east drive aisle shall be no less than 12 feet in width. d. The parking spaces along the north boundary shall be restricted to employee parking only. e. Additional signage is required throughout the site to efficiently and adequately direct patrons to the menu boards and throughout the site with minimal conflict. f. The proposed off-site east-west drive aisle along Chinden Blvd. shown on the adjacent property(Parcel#R4995350100) shall be constructed prior to receiving Certificate of Occupancy, as proposed; g. Prior to receiving Certificate of Occupancy on the proposed building, a Property Boundary Adjustment shall be obtained by the Applicant to reflect the new location of the west property line, as shown on the submitted plans. 3. The site plan submitted with the future Certificate of Zoning Compliance application shall be revised as follows: a. Depict the pick-up window on the west side of the building and the menu board/order speaker along the north/northeast side of the building; b. Depict the north facing angled parking to be on the west side of the site instead of the east side of the site and angle them southbound; c. Shift the proposed building to the east and to the south to allow for better utilization of the site along the north drive aisle with the option to incorporate more landscaping for screening; d. Designate the parking along the north boundary of the site as employee-only parking and move the handicap space to the new parking along the west boundary to place it closer to the building entrance; e. Depict pedestrian facilities along the south boundary of the site to match what is on the south side of this shared drive aisle; depict these pedestrian walkways and their connections clearly on revised site plans; f. Per UDC 11-3A-19B.4b,depict pedestrian walkways across driving surfaces to be constructed with bricks,pavers, and/or colored or scored concrete to clearly delineate the driving surface from the pedestrian walkway. Page 13 Item 5. F113 4. The landscape plan submitted with the future Certificate of Zoning Compliance application shall be revised as follows: a. Show compliance with UDC 11-3B-8C by constructing the required 5 feet of perimeter landscaping along the west boundary adjacent to the revised angled parking location. 5. The elevations submitted with the Administrative Design Review(DES) application are approved with the following revisions: a. Ensure the east and west elevations have qualifying modulation per standard 3.1A& 3.1B in the Architectural Standards Manual. It is unclear based on the site plan whether the portions of the wall with the brick fagade have the qualifying modulation. Any revisions to the elevations are required with the submittal of the certificate of zoning compliance application. 6. Submit elevations of the trash enclosure that generally matches the proposed building design. 7. Comply with the standards listed in UDC 11-4-3-11—Drive-Through Establishment is required. 8. Comply with the standards listed in UDC 11-4-3-49—Restaurant. 9. A Certificate of Zoning Compliance application shall be submitted and approved for the proposed use prior to submittal of a building permit application. 10. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested asset forth in UDC 11-5B-6F. B. PUBLIC WORKS 1. There are no utilities shown with the plans submitted. Any changes to public water or sewer infrastructure must be reviewed by Public Works prior to approval. C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=229161&dbid=0&repo=MeridianC i& D. CENTRAL DISTRICT HEALTH(CDH) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=228244&dbid=0&repo=MeridianC Lty IX. FINDINGS Conditional Use(UDC 11-513-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Page 14 Item 5. 114 Stafffinds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-G zoning district if Staffs recommendations of approval are met. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Stafffinds the proposed restaurant and drive-through will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VIII of this report. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. With the conditions of approval in Section VIII, Stafffinds the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Stafffinds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section VIII of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets, schools,parks,police and fire protection,drainage structures, refuse disposal,water,and sewer. Stafffinds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Stafffinds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke,fumes,glare or odors. Stafffinds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural,scenic or historic feature considered to be of major importance. (Ord.05-1170,8-30-2005,eff. 9- 15-2005) Stafffinds the proposed use will not result in the destruction, loss or damage of any such features. Page 15 Item 6. 115 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for ACHD Ustick Maintenance Facility (H-2021-0029) by Engineering Solutions, LLP, Located at 3764 W. Ustick Rd. A. Request: Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an Ada County Highway District (ACHD) maintenance facility on 23.7 acres. Item 6. 116 (:�N-WE IDIAN:-- IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: June 17, 2021 Topic: Public Hearing for ACHD Ustick Maintenance Facility (H-2021-0029) by Engineering Solutions, LLP, Located at 3764 W. Ustick Rd. A. Request: Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an Ada County Highway District (ACHD) maintenance facility on 23.7 acres. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing PUBLIC HEARING SIGN IN SHEET DATE: June 17, 2021 ITEM # ON AGENDA: 6 PROJECT NAME: ACHD Ustick Maintenance Facility (H-2021-0029) PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Item 6. ■ STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/17/2021 ' Legend DATE: Project Location TO: Planning&Zoning Commission FROM: Joe Dodson,Associate Planner n 208-884-5533 - SUBJECT: H-2021-0029 '- ACHD Ustick Maintenance Facility LOCATION: The site is located at 3764 W.Ustick Road, approximately'/2 mile west of Ten 9� Mile Road on the north side of W. Ustick Road,in the SW '/4 of the SE '/4 of E Section 34,Township 4N.,Range 1 W. I. PROJECT DESCRIPTION Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an ACHD maintenance facility on 23.7 acres,by Engineering Solutions,LLP. Note: Sewer services are not currently available to the site. Therefore,the Applicant is also requesting a City Council Waiver to delay connection to City sewer; City water is readily available. Further discussion of this is located throughout the staff report below. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—30.27 acres;Project Site—23.7 acres Future Land Use Designation Mixed-Use Non-Residential MU-NR Existing Land Uses County Residential home is no longer occupied) Proposed Land Uses ACHD Maintenance Facility Lots #and type;bldg./common) One 1 building lot Phasing Plan #ofphases) Proposed as eight 8phases over eight 8 ears. Physical Features(waterways, Fivemile Creek abuts the north property boundary; hazards,flood plain,hillside) Ninemile Creek abuts the northeast property boundary.A large area of the site lies within the floodplain along the north third of the site,both Zone"AE"and Zone"X." See further analysis in Section V.N. Neighborhood meeting date;#of March 25,2021—3 attendees attendees: History(previous approvals) N/A Page 1 Item 6. 118 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via construction of a new collector street along the west (Arterial/Collectors/State property boundary(N.Naomi Avenue)that accesses W.Ustick Road(arterial) Hwy/Local)(Existing and near the mid-mile mark. Proposed) Stub Applicant is proposing to terminate N.Naomi Avenue in a temporary Street/Interconnectivity/Cross hammerhead type turnaround approximately 625 feet into the property.Any future Access development west of the subject site would connect to this terminus and continue west for interconnectivity.No other stub streets are proposed or required due to the proposed and adjacent use. Existing Road Network Ustick Road is existing arterial street with 2 to 3 lanes of travel. Existing Arterial Sidewalks/ Ustick Road is existing but there are no sidewalks or landscape buffers along the Buffers north side of Ustick Road. Proposed Road No road improvements are required with this application due to this segment of Improvements Ustick being scheduled for widening in 2025,unless the proposed right-hand turn lane is proposed with future development(see ACHD staff report in Section VIILD). CIP/Five Year Work Plan for Ustick and other nearby roads: • Ustick Road is scheduled in the IFYWP to be widened to 5-lanes from Linder Road to Ten Mile Road in 2025. Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Cherry Lane in with design in 2025. This project is listed as in preliminary development and is currently unfunded. The intersection of Black Cat and Ustick Road is scheduled in the IFYWP to be improved with an interim signal in 2021. This intersection is also listed in the CIP to be widened to 7-lanes on the north leg, 7-lanes on the south, 6-lanes east, and 6-lanes on the west leg, and reconstructed/signalized between 2026 and 2030. Ustick Road is listed in the CIP to be widened to 5-lanes from Black Cat to Ten Mile Road between 2026 and 2030. Fire Service • Distance to Fire 1.1 miles from Fire Station#2 Station • Fire Response Time Project lies within 5-minute response time goal - • Resource Reliability Fire Station#2 reliability is 85%(above the goal of 80%) • Risk Identification None to report at this time • Accessibility Proposed project meets all required road widths,and turnaround dimensions. Police Service • Concerns None/no comments Wastewater • Distance to Sewer 2,650 feet from current sewer services to the west(Black Cat Road) Services • Sewer Shed North Black Cat Trunkshed • Estimated Project See application Sewer ERU's Page 2 Item 6. 119 1 Description Details Page • WRRF Declining 14.15 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns • Sewer is a 2,650'from site and per the Master Plan needs to come from N. Black Cat Rd. • Provide to-and-through to parcel SO434438850 to the east. • If sewer is not available at the time of construction of the site,provide a utility easement to the northern end of the parcel SO434438850. • Flow is committed. Water • Distance to Services 0' • Pressure Zone 1 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • No utilities are shown with application.A utility plan will need to be reviewed by Public Works. C. Project Area Maps Future Land Use Map Aerial Map Legend L°w�-r Legend Resider Project Location MU-NR Project Location Office II VV�!!11 1 Nr71 L® imu Eo ��_oo •� TII]i •� � � a . Medwm Density Residential° H ghtDensity 3 Civic 1wL�rrr-!�It ,� Residentml� Zoning Map Planned Development Map Page 3 Item 6. 120 Legend G R-$ R-2 Legend 0 0 L-{ aProject Location G RUT Liu aProject Location City Limits -�___ _ ------- I-L RUT ® Planned Parcels J RUT 0 UT - � R=8 , RUT RIB. I-L 1-L _`-- -RUT N� � RUT f TAR-8� 8 ® � ® � ®° s R4 R-8 ® �® RUT JER III. APPLICANT INFORMATION A. Applicant: Becky McKay, Engineering Solutions,LLP— 1029 N.Rosario Street,Meridian, ID 83642 B. Owner: Ada County Highway District(ACHD)—3775 N.Adams Street, Garden City,ID 83714 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/28/2021 Radius notification mailed to properties within 500 feet 5/26/2021 Site Posting 6/6/2021 Nextdoor posting 5/26/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(hgps://www.meridiancity.org/compplan) Mixed Use Non-Residential(MU-NR)—The purpose of this designation is to designate areas where new residential dwellings will not be permitted,as residential uses are not compatible with the planned and/or existing uses in these areas. For example,MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. Developments are encouraged to be designed similar to the conceptual MU-NR plan depicted. Appropriate uses in MU-NR areas Page 4 Item 6. 121 would include: employment centers,professional offices, flex buildings,warehousing, industry, storage facilities and retail,and other appropriate non-residential uses The subject site is an approximate twenty-four(23.7) acre parcel that abuts Ustick to the south, two creeks along the north and a portion of the east boundary, and the City's wastewater treatment plant directly north of the abutting creek. South of Ustick Road are existing detached single-family residences that currently have generally vacant parcels between them and the treatment plant. The proposed use of a maintenance facility for ACHD falls under the Public Utility, Major use within development code and is subject to specific use standards (UDC 11-4-3- 31). The Mixed Use Non-Residential(MU-NR)future land use designation calls for industrial uses, such as a maintenance facility, to act as a buffer between the City's treatment plant and any existing and/or future residential development. The Applicant is proposing to install solid fencing and the required landscape buffers adjacent to Ustick and the existing county residence directly to the west(in addition to a new public collector street). If the property to the west develops in the future as a nonresidential use as called for on the future land use map, the buffer proposed with this application along the west boundary should act as an adequate transition between uses. Despite the probable noise associated with a maintenance facility such as this, adequate landscaping and separation from existing residences by Ustick Road offer appropriate separation and should mitigate the noise from trucks and machinery. In addition to the proposed use itself, the hours of operation for the facility are an important factor in determining if the proposed use fits in this location. The Applicant has stated the planned hours of operation are Monday thru Friday, lam to S:30pm with occasional late-night hours during emergency situations. During the summer, the Applicant has also stated that chip- seal operations require some weekend hours but should be within the normal daytime operating hours. Staff nor the Applicant can foresee emergency situations so it is not feasible to mitigate every possibility associated with the proposed use. Due to the likely minimal late-night operations, Staff believes the proposed Development Agreement provisions and screening methods will be sufficient in mitigating any noxious consequences of the proposed use. Because of this, Staff finds the proposed project and use of an ACHD Maintenance Facility to be generally consistent with the Comprehensive Plan. Specific Comprehensive Plan policies are discussed and analyzed below. 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 and phasing plan, Staff recommends a DA as a provision of annexation with the provisions included in Section VIII.A1. The DA is required to be signed by the property owners)/developer and returned to the City within 6 months of the Council granting the annexation for approval. B. Comprehensive Plan Policies(https://www.meridiancity.o- Icompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Coordinate with utility providers on acceptable landscape materials, design and site locations for their future facilities to avoid negative impacts to the community."(3.08.03). The location of the proposed ACHD Maintenance Facility is located within a non-residential designated area adjacent to the City's wastewater treatment plant. This area is intended to be developed with non- residential uses to act as buffers between existing/planned residential and the treatment plant. ACHD is considered a utility provider and they have worked with Staff to find an appropriate location for their new maintenance facility to further increase road maintenance capabilities within the City of Meridian. Page 5 Item 6. ■ Furthermore, Staff is recommending denser landscaping along the property frontage on Ustick to further mitigate any negative impacts to the nearby single-family residences and meet this applicable and significant comprehensive plan policy. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G). City water services are readily available to the subject site but sewer services are nearly a half mile to the west. This site is in a different sewer trunkshed than the properties to the east. As previously noted, the Applicant is proposing to develop the site in multiple phases over the next 8-9 years with a potential for the first building to be constructed in 2024. It is not entirely clear at what point utilities will be available or needed for the site but due to the phasing and the lack of sewer availability currently, the Applicant has not submitted any utility plans at this time. With future development, the Applicant will be required to submit these plans and continue coordinating with the City to connect to public utilities, including water needed for irrigation. With this application, Stafffinds it appropriate for the Applicant to provide a more detailed utility phasing plan than what has been presented in the application materials. Staff has discussed this with the Applicant and has received a general utility phasing plan as follows: FY22-Site Prep, cutting in access roads, landscaping and fence installation—no need for sewer, just water. FY23-Decant and washout area, with the possibility of the Admin Bldg. or may get pushed out to FY24. FY24-Drainage and Broom Sheds that would need to be connected to the sewer as well since this building will have restrooms. FY25—Fleet Buildings-Sewer hook-up as well for this building. FY26—Admin Building(originally, but possibly pushed up to FY23 or 24). If not built this year no need for sewer tie in. FY27—Truck Wash, and Truck Scales—Sewer to be hooked up FY28—Finishing of outlier projects Based upon the updated information, connection to City water and sewer is likely needed by 2023. Water is readily available but sewer is not, as noted previously. The Applicant is having ongoing discussions with the City Engineer on the best path forward for the sewer needs and timeline of this project. "Require industrial uses to conform to disposal, spill, and storage measures as outlined by the Environmental Protection Agency."(4.10.01B). Because of the nature of the proposed use and its different disposal, storage, and chemical requirements, they will be tasked with obtaining all necessary permits from the Environmental Protection Agency(EPA). Planning Staff does not perform environmental reviews as part of their analysis but due to the added layer of floodplain being located onsite, the City's floodplain coordinator will be a consistent part of future development of the site as phasing progresses and structures are proposed within the floodplain that require environmental permits. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Despite the project not being a residential development, a segment of multi-use pathway is shown on the master pathways plan along the north property boundary, adjacent to the Fivemile Creek. The Applicant is proposing to construct the required segment of pathway and construct a pedestrian bridge over the creek to connect to an existing pathway segment further to the east. This connection and added pathway are also proposed to Page 6 Item 6. ■ connect to detached sidewalk along the property's west boundary that eventually connects to Ustick Road. Staff appreciates the added pedestrian connections proposed with this project and should further Meridian's multi-modal transportation goals. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is proposing to construct a new industrial collector street along west property boundary despite it not being required on the Master Street Map (MSM). This new street is proposed to terminate in a temporary hammerhead type turnaround approximately 625 feet north of Ustick allowing for future connectivity to the west if future development occurs within other areas of the MU-NR designation to west and northwest. The existing county residence and agricultural use to the west will have an opportunity to access this new collector street directly and gives that property an option to utilize the collector street instead of accessing Ustick directly. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There is an existing county residence on the property that is no longer occupied. The Applicant has stated this home is to now be sold and removed from the site instead of being used as a temporary office, as originally proposed. Therefore,the existing driveway access to Ustick will be closed as well. Staff is recommending this access be closed with phase 1 of the development, consistent with standard conditions to construct required landscape buffers with the first phase of development.No other structures are known on-site. D. Proposed Use Analysis: The proposed use is an ACHD Maintenance Facility which falls under the Public Utility,Major use within development code. This use is a permitted use in the requested I-L zoning district per UDC Table 11-2C-2 and is also subject to Specific Use Standards (UDC 11-4-2-31).As previously discussed within the Comprehensive Plan section above, Staff supports the proposed use at this location—the relatively low vehicle trips,nonresidential use,and proposed pedestrian and landscaping improvements should make the proposed use ideal for this location next to the wastewater recovery facility. Staff analysis of the Specific Use Standards is in italics below: UDC 11-4-3-31—Public Utility,Major; and public infrastructure: A. Accessory uses directly related to the maintenance and fueling of vehicles(including,but not limited to,truck and trailer washing, fuel pumps, garages for minor repair)may be allowed. Proposed development incorporates many of these accessory uses and the Applicant is required to obtain all necessary City, State, and Federal permits for them. Furthermore, the submitted concept plan shows a large maintenance building in the southern quarter of the site but sufficiently outside of the minimum 35 foot street setback from Ustick. This separation and landscaping should mitigate any noxious outcomes from these buildings. B. Installation of underground fuel tanks shall require written approval from the Idaho division of environmental quality,Idaho department of water resources,and the appropriate fire authority. Applicant is aware of this requirement and shall comply. C.No portion of the outside storage areas and/or outside activity areas may be visible from any highway,interstate, gateway corridor,principal arterial,or minor arterial as herein defined. According to the submitted concept plan, none of the proposed outdoor storage areas appear to be visible from Ustick Road, a principal arterial street. The applicant is proposing landscaping and a solid fence as well as future building pad sites that will screen the outside activity areas from Ustick Road. To ensure this standard is adhered to, Staff is recommending the required Page 7 Item 6. F124] landscape buffer along Ustick is constructed with the first phase of development.More specific analysis of the landscaping and fencing material is in subsequent and relevant sections below. D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including,but not limited to,asphalt, concrete,pavers or bricks. According to the submitted concept plan, no asphalt or driveways are proposed until phase 2. However, upon further discussions with ACHD and following the removal of the existing home, Staff is of the understanding that phase I will occur in 2022 and will include the new road, overall site prep, landscaping, and fencing installation. With the first phase, it appears that a gravel pit and paved open storage are proposed along the northern boundary. In addition, other areas of paved open storage are depicted on the concept plan. Per the submitted plans, it appears the Applicant is compliant with this standard. E. For any use requiring the storage of fuel or hazardous material,the use shall be located a minimum of one thousand(1,000)feet from a hospital.No portion of the site or any hazardous or potentially hazardous material is located within 1,000 feet of a hospital. The concept plan and phasing plan submitted with the application depict specific parts of the maintenance facility being constructed at different times.A revised concept plan has since been submitted. In general, the revised concept plan depicts the following: the required multi-use pathway segment north of the proposed fencing and along the north boundary; a gravel pit and paved open storage along the north and northwest boundary;fuel tanks, truck scale and a salt/sand shed within the central area of the site; central but along the east boundary more paved open storage and the decant and washout stations are proposed; employee and fleet parking as well as the drain truck shed are located in a majority of the center of the site; in the south and southeast area of the site the administration building,fleet maintenance building, broom truck shed, and covered storage is shown on the concept plan. Please see the phasing plan in the exhibit section below(Exhibit HIE)for when these areas are proposed to be constructed from approximately 2021-2028. Staff notes that the location of the decant and washout areas have been moved since the revised concept plan was submitted to a new location outside of the floodplain and is therefore not accurately shown on the phasing plan. E. Dimensional Standards(UDC 11-2): The Applicant is proposing to annex the subject property into the City with the I-L zoning district which does not have a minimum lot size. As noted above,the proposed use meets the requested zoning and the dimensional standards noted in the specific use standards. The project requires both landscape buffers and building setbacks,per the I-L dimensional standards. At a minimum, there is a 25-foot landscape buffer required adjacent to Ustick and a 20-foot landscape buffer required along the new collector street,Naomi Avenue. In addition,the I-L zoning district requires a street setback of 35 feet. The submitted site plan shows the required 35-foot building setback from Ustick but shows only a 25-foot setback from the future Administration Building to the new segment of Naomi Avenue. This should be corrected with future development applications. In addition,the I-L zoning district has a minimum landscape buffer of 25 feet to any residential use which is applicable along the west property boundary where Naomi Avenue is not proposed adjacent to the parcel to the west. The submitted concept plan shows this 25-foot landscape buffer compliant with the required dimensional standards. The proposed building height of any future buildings are not known at this time but Staff presumes none are proposed near the 50-foot height limit of the I-L zoning district. With future Page 8 Item 6. ■ CZC submittals, Staff will confirm conformance with the required dimensional standards of the I- L zone and the Public Utility, Major specific use standards(11-4-3-31). Therefore,the prosed project meets all required dimensional standards outlined in UDC 11-2C-3 except for the required street setback to Naomi Avenue. Staff has recommended this be corrected prior to future CZC submittal. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has not submitted any conceptual elevations of the future buildings. According to the submitted concept plan,there will be an Administration building,Maintenance building, and a long"L" shaped covered storage building that will require future Administrative Design Review (DES) approval as fixture development occurs that will also require Certificate of Zoning Compliance(CZC). Because future buildings are not proposed until later phases of the project and because they will require CZC and DES approval, Staff does not find it necessary to obtain conceptual elevations at this time.However, due to existing and established residential homes to the south and Ustick being a heavily trafficked arterial roadway, Staff is recommending a DA provision that any future building fagade that is visible along Ustick Road is held to the Commercial design standards in lieu of the Industrial design standards. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via construction of a new collector street that aligns with Naomi Avenue to the south. The Applicant is proposing to construct the collector street as a 3-lane, 52-foot wide street section within 74 feet of right-of-way with 5-foot detached sidewalk on the east side of the street; when the property to the west redevelops they will be expected to complete the street with sidewalk on their side of Naomi. The submitted plans show this new road to terminate in a temporary hammerhead type turnaround approximately 625 feet into the site for future road connectivity to the west. ACHD has offered their approval of the proposed Naomi Avenue extension and termination on the north side of Ustick Road. There is an existing home on the property that is expected to be sold and moved to a new property which allows the existing access to Ustick to be closed sooner than originally proposed. Off of Naomi Avenue,the Applicant is proposing two driveway accesses for access into the maintenance facility located approximately 360 and 625 feet north of Ustick Avenue. The concept plan also shows each access to be gated approximately 150 feet from the edge of right-of- way of Naomi. ACHD has given their approval of the proposed driveway and gate locations for the maintenance facility because they meet district policies. Lastly,the concept plan also shows a westbound deceleration/right-hand turn lane from Ustick onto Naomi Avenue. The Applicant has stated a desire to include this right-hand turn lane for trucks and other vehicles to access Naomi without impeding traffic along Ustick. Staff is supportive of this.ACHD has noted within their staff report this dedicated right-hand turn lane is not required by ACHD because Ustick Road is programmed to be widened to 5 lanes of travel within 10 years. The Naomi Avenue extension would allow for future public road connectivity for the parcels to the west and allow for more efficient traffic management along the Ustick corridor than individual nonresidential access points to Ustick common within industrial areas. Staff appreciates the initial investment being placed on the road infrastructure and extension.All of the proposed access points(including the existing driveway closure) meet UDC requirements and ACHD has noted compliance with district policy. Therefore, Staff supports the proposed access and transportation element of the proposed project. Page 9 Item 6. F126] H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6B for nonresidential uses based on the ratio for industrial zoned properties of one (1) space for every 2,000 square feet of gross building floor area. Staff will confirm compliance with these standards at the time of CZC submittal for each building. The proposed use of a maintenance facility will rarely have any customers so the vast majority of parking needs would be for employees. Initial review of the concept plan does not give Staff any concern over the amount of parking due to the proposed use and ample area for additional paved parking. I. Sidewalks(UDC 11-3A-17): 5-foot wide detached sidewalks are proposed within the required landscape buffers to Ustick Road and the new Naomi Avenue collector street(due to alignment, sidewalks are only proposed on the east side of Naomi).At the terminus of Naomi,the 5-foot sidewalk is proposed to continue north within the required 25-foot land-use buffer along the west property boundary and connect to the required multi-use pathway segment at the north property boundary. The proposed sidewalk meets UDC requirements. There is currently no sidewalk to either the east or west of the subject site because neither property is developed at this time. Further to the east, approximately'/mile, there is existing sidewalk on the north side of Ustick constructed as part of the McNelis Subdivision. This area of the City is rapidly developing so sidewalks should be constructed with the landscape buffers for overall connectivity. As properties further to the west and east develop in the future adequate pedestrian facilities will be required and will connect to the overall sidewalk network. In addition, the intersection of Naomi and Ustick is slated to be signalized in the future as more development occurs in this area. A signal in this location would allow for safe pedestrian crossing to the established sidewalk network on the south side of Ustick that offers connection to both Black Cat and Ten Mile Roads. Furthermore, the sidewalk connection to the multi-use pathway segment along the north boundary would allow pedestrian connection back to Ten Mile Road through the regional pathway network. Overall, Staff supports the proposed detached sidewalk layout and locations within the landscape buffers. J. Pathways (UDC 11-3A-8): Consistent with the sidewalk facilities,the proposed regional pathway extension is required of the Applicant. In addition,the Applicant is required to construct a pedestrian bridge over the Ninemile Creek to connect to the existing pathway segment at the west boundary of the McNelis Subdivision. The submitted concept plan shows compliance with all of the requirements surrounding the construction of the multi-use pathway except for the required landscaping along both sides of the pathway. The north side of the pathway is encumbered by the irrigation easement so the Applicant has proposed trees only along the south side of the pathway. Staff is not necessarily against this but the Applicant should be required to apply for Alternative Compliance with the first CZC to determine the adequate alternative to the landscaping requirement along the creek. To ensure these pedestrian facilities are constructed, especially the multi-use pathway segment, Staff is recommending the pathway and sidewalks are constructed with phase I when the landscaping and fencing are proposed. Page 10 Item 6. F127] K. Landscaping(UDC 11-3B): The Applicant is required to construct landscape buffers along Ustick Road,Naomi Avenue, and the remaining western boundary. In addition,the Applicant is required to install landscaping along the multi-use pathway along the north property. The buffers along Ustick and Naomi are governed by UDC 11-313-7; the land use buffer along the remaining west property boundary is governed by UDC 11-313-9; and the multi-use pathway landscaping is governed by UDC 11-313- 12. The Applicant did not submit specific landscape plans for the project but the revised color concept plan(Exhibit VII.C)does depict proposed landscaping in the required areas. The revised color concept plan shows lawn and trees within each required landscape area.As noted previously, Staff is recommending denser landscaping within the landscape buffer to Ustick Road to help mitigate any noise, light, or fumes from the maintenance facility. Furthermore, the landscape buffers should be constructed with phase I for this exact reason. The landscaping shown on the color concept plan appears to meet code requirements but further analysis will be done with the first CZC submittal and a specific landscape plan is submitted. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards as proposed. The Applicant is proposing to construct 8-foot tall chain-link fencing with 2 feet of barbed wire above that along the north and east property lines—this fencing is also proposed to be coated in a colored and rubberized material.Along the west and south property boundaries, the Applicant is proposing 8-foot tall TREX fencing(see fencing rendering below,Exhibit VILD). The proposed TREX fencing is being strategically proposed to offer the most screening and buffering to the existing residences. 8-foot tall fencing is allowed within industrial zoning districts and per the height definition of fencing provided in UDC, barbed wire fencing is not included in the height measurement of fencing and is allowed in the I-L zone. M. Waterways(UDC 11-3A-6): The subject site abuts two waterways along the north and northeast property boundaries—the Fivemile Creek runs along the north boundary and the Ninemile Creek forks off of the Fivemile and runs along the north segment of the east boundary. The Master Pathways Plan depicts a segment of the regional pathway system adjacent to the Fivemile Creek but also requires a pedestrian bridge to the northeast of the site in order to connect to the existing multi-use pathway segment further to the east. The Applicant has proposed to build the required multi-use pathway as well as to construct the pedestrian bridge over the Ninemile Creek to the east. Staff appreciates the added cooperation with the Parks Department on extending pedestrian facilities. In addition to the pedestrian elements surrounding the adjacent waterways,there is floodplain located on the north quarter of the site. Staff has reviewed the site for compliance and notes that a floodplain permit(s)will be required and that future construction within the floodplain will be required to adhere to MCC 10-6 for structure elevations and waterproofing. Further and more specific analysis will be done by Staff with future development applications. In addition, additional environmental permits may be required with the federal government depending on where the final location of specific items are located onsite(i.e. fuel tanks, decant station, etc.). N. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15.No irrigation plans have been submitted for industrial use at this time. With future development applications,the Applicant will be required to provide a pressurized Page 11 Item 6. 128 irrigation system for the required landscaping around the site. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement per the Findings in Section IX of this staff report. B. Commission: Enter Summary of Commission Decision. C. City Council: To be heard at future date. Page 12 Item 6. 129 VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps ACHD USTICK PROPERTY - ANNEXATION LOCATED IN THE SE 1/4 OF SECTION 34, T4N, R1 W, BM, ADA COUNTY, IDAHO C 1/4 1/4 _ _ _ _ S8917'01"E 2647 77 34 35 CURVE TABLE LINE TABLE LINE TABLE I I CURVE LENGTH RADIUS DELTA BEARING CHORD LINE LENGTH BEARING LINE LENGTH BEARING C1 98.65' 337.00' 16'46'20' S80'41'21'E 98.30' L1 182.16' S7218'11'E L8 105.95' S72'36'59"E C2 117.40' 458.00' 14'41'10" S79'38'46"E 117.07' L2 145.45' N68'09'49"E L9 45.13' S42'31'05"E r l C3 99.31' 229.00' 24'50'50" N80'35'14"E 98.53' L3 243.43' S53'20'11"E L10 84.44' N89 07'11"W W w I C4 53.16' 143.00' 2118'00" N78'48'49'E 52.86' L4 43.02' SO'53'03"W L11 49.81' 1 SO'09'49'E a C5 42.20' 65.00' 3772'O0" 571'56'11'E 41.46' L5 295.14' N64'O8'05"W L12 45.13' N42'34'43"W Z I C6 122.51' 100,50' 69'50'36" S37'41'41'E 115.06' L6 277.37' S64'49'45"W L13 105.95' N72'36'38"W C7 152.82' 290.92' 30'05'54" S57'34'02'E 151.07' L7 140.80' S2'46'23"E C8 100.29' 190.92' 30'05'55" N57'33'40'W 99.14' 1 C9 72.79' 200.50' 20'48'02' N62'12'37"W 72.39' CS 1 16 _ FIVE MILE CREEK 362.98' IJ N S89'04'31"E-Cl �t1 C3 N89'2T49"E,C5� 434.23' C2 1 S86'59'21"E-940.67' !3_ o S&1'07'09`N L6 N89'0'303 Ol''w �S 287.40 N86'15'46"W 701.30' ANNEXATION AREA = 30.27 ACRES c6 L8 J 19 � N 3 !�� �y !1•6�F' � PARCEL S0434438600 z 3764 W. USTICK RD. y`�0.�ss � 6. 46 : oo� _ o r%`9� '3" � s2�i �F�9i POINT OF sd,lo� si. BEGINNING o`sue, �'' � �10 34 N89'07'11"W 825.29' 795,86' _ 935,01" 34 35 3 i/4 I BASIS S89-071 BEARING 2640.61' W. USTICK RD. 3 z A \�NpL LA Afo ST 0 0 -OH 2110= Lan �1ut1on 0' 200' 400' 800' �, f"' of ���5 Land Surveying and Consulting S A 231 E_5TH$T_,STE_A 0N W Tar MERIDIAN,ID 8254 (208)26&2040 (M)288.2557 fax WWW,]and6vution�biz JCH;:f,;=- - Page 13 Item 6. 130 Legal Description ACHD Ustick Property -Annexation A parcel located in the SE '/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a point marking the southwest corner of said SE %, from which a point marking the southeast corner of said SE'%bears S 89'07'11" E a distance of 2640.61 feet; Thence along the westerly boundary of said SE '% N 0043'44" E a distance of 1290.37 feet to a point on the centerline of the Five Mile Creek; Thence along said centerline, also being the southerly boundary of that annexation parcel as described in Ordinance No. 784, Instrument No. 98003485, records of Ada County, Idaho, the following described courses and distances: Thence S 89°04'31" E a distance of 434.23 feet to a point; Thence a distance of 98.65 feet along the arc of a 337.00 foot radius curve right, said curve having a central angle of 16°46'20" and a long chord bearing S 80°41'21" E a distance of 98.30 feet to a point; Thence S 72'18'11" E a distance of 182.16 feet to a point; Thence a distance of 117.40 feet along the arc of a 458.00 foot radius curve left, said curve having a central angle of 14°41'10" and a long chord bearing S 79°38'46" E a distance of 117.07 feet to a point; Thence S 86°59'21" E a distance of 940.67 feet to a point; Thence a distance of 99.31 feet along the arc of a 229.00 foot radius curve left, said curve having a central angle of 24°50'50"and a long chord bearing N 80°35'14"E a distance of 98.53 feet to a point; Thence N 68°09'49" E a distance of 145.45 feet to a point; Thence a distance of 53.16 feet along the arc of a 143.00 foot radius curve right, said curve having a central angle of 21°18'00" and a long chord bearing N 78°48'49" E a distance of 52.86 feet to a point; Thence N 89°27'49" E a distance of 362.98 feet to a point; Thence a distance of 42.20 feet along the arc of a 65.00 foot radius curve right,said curve having a central angle of 37'12'00"and a long chord bearing S 71'56'11"E a distance of 41.46 feet to a point; Thence S 53'20'11"E a distance of 243.43 feet to a point on the easterly boundary of said SE La_I8d::01,gfi0n ACHD Ustick Property Annexation Q__ ' .d S„ ,m,..d C.ewtm Page 1 of g Jab geo.1 of 3 3 Page 14 Item 6. 131 Thence leaving said Five Mile Creek centerline and along said easterly boundary of the SE '/4 S 0°53'03"W a distance of 43.02 feet to a point; Thence leaving said easterly boundary N 64°08'05"W a distance of 295.14 feet to a point marking the northeasterly corner of McNelis Subdivision as shown in Book 100 of Plats on Pages 13082 through 13084, records of Ada County, Idaho; Thence along the northerly and westerly boundary of said McNelis Subdivision the following described courses and distances: Thence N 89°07'41"W a distance of 303.80 feet to a point; Thence S 64°49'45"W a distance of 277.37 feet to a point; Thence N 86'15'46"W a distance of 701.30 feet to a point; Thence S 81°07'09"W a distance of 287.40 feet to a point; Thence S 2°46'23"E a distance of 140.80 feet to a point; Thence a distance of 122.51 feet along the arc of a 100.50 foot radius curve left, said curve having a central angle of W50'36" and a long chord bearing S 37d41'41" E a distance of 115.06 feet to a point; Thence S 72d36'59" E a distance of 105.95 feet to a point; Thence a distance of 152.82 feet along the arc of a 290.92 foot radius curve right, said curve having a central angle of 30d05'54" and a long chord bearing S 57°34'02" E a distance of 151.07 feet to a point; Thence S 42°31'05" E a distance of 45.13 feet to a point; Thence continuing along said boundary and the extension thereof S 36d50'13" E a distance of 861.51 feet to a point on the southerly boundary of said SE%; Thence along said southerly boundary N 89'07'11"W a distance of 84.44 feet to a point marking the southeasterly corner of"Parcel C" as shown on Record of Survey No. 6018, records of Ada County, Idaho; Thence leaving said southerly boundary and along the easterly boundary of said "Parcel U N 37d06'59"W a distance of 584.06 feet to a point marking the northerly corner of said "Parcel C", Thence along the westerly boundary of said"Parcel U S 0d09'49" E a distance of 49.81 feet to a point marking the northeasterly corner of"Parcel B"as shown on said Record of Survey No.6018, also being the northeasterly corner of that annexation parcel as described in Ordinance No. 02- 992, Instrument No. 103012606, records of Ada County, Idaho Thence along the northerly and westerly boundary if said parcel the following described courses and distances: Lzi��r�'ution ACHD Ustick Property Annexation Job No.21 Land Surveying and Consulting Page 2 off 3 3 Page 15 Item 6. 132 Thence N 36°49'52"W a distance of 255.94 feet to a point; Thence N 42°30'43"W a distance of 45.13 feet to a point; Thence a distance of 100.29 feet along the arc of a 190.92 foot radius curve left, said curve having a central angle of 30°05'55" and a long chord bearing N 57°33'40" W a distance of 99.14 feet to a point; Thence N 72°36'38"W a distance of 105.95 feet to a point; Thence a distance of 72.79 feet along the arc of a 200.50 foot radius curve right, said curve having a central angle of 20°48'02" and a long chord bearing N 62°12'37" W a distance of 72.39 feet to a point; Thence S 0°48'30" W a distance of 760.49 feet to a point on the southerly boundary of said SE%; Thence leaving said boundary and along said southerly boundary N 89*07'11" W a distance of 825.29 feet to the POINT OF BEGINNING. This parcel contains 30.27 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS \oNPU LA Nos Land Solutions, PC 5 STFF GpL April 14, 2021 m 0 11118 oy �y/mil ( �iL9TF �O �5�0 F TON W NP � �� �ons ACHD Ustick Property Annexation Q----' 3 U.d 5-1ying—d C—ultlng Job No. of 3 Page 3 of 3 Page 16 Item 6. ■ B. Revised Concept Plan(dated: 4/14/2021) I �I _ � 1 E T dIII ��4�� �� — x� `I 11-1� - I �111 I�k9 I®�. r ' I € � L� IV 'I U ° ' I I I n�NK I 4.1 � r I7171 U o No a %'I QD , InI � A1,Y1111 4l).e - �m svae'ww�wsv'� T a� ,. � L i �• — r 'III Y 11 II �aININ ���4F9n5 a y Pig 4 fl Ll 0 A n s gp § ffi T -euNksris���s € Mop ul MINE ACID MAINTENANCE FACDITY ENGINEERING PIANNLR/CONTACT OWNER I APPLICANIT V) - W.USTICK ROAD (� icn couun nmr«w�usmla - PRELIMINARY SITE {S PLAN OLUTIONS„a Page 17 Item 6. F134] C. Color Concept Plan G� IL J• I IF� � � � 't x E E --E- £ L j I -------------- I J I I I I r r I Page 18 Item 6. F135] D. TREX Fence Example Ck x Page 19 Item 6. F136] E. Phasing Plan—Not updated and NOT APPROVED CONSTRUCTION PHASE x �x X TIMELINE KEY �I� PYASEP ! II YOYP ��ouoSim PNASE3 \� 2023 PHASE4 2024 11� VlLL sZ 14 CONSTRUCTION PHASE TIMELINE ��w (2021-2028) ACHD MAINTENANCE FACILITY --- — W. USTIGK ROAD w_usrlc< Rego w, JSTICK RYD ` —————--`-- T LOCATED IN THE SE 1/4 OF SECTION 34, — —T—� T---� -- �— T -- —Y �--�- 14N.,a-iw,e.�n- AOA COUNTY.IDAHO n4—r,5—�i Page 20 Item 6. F137] VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 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 and the property owner(s)at the time of annexation ordinance adoption. 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. Future development of this site shall be generally consistent with the approved concept plans included in Section VII and the provisions contained herein. b. With the first phase of development,the existing home shall be removed and the existing driveway access to Ustick Road shall be closed. c. Future structures proposed along the Ustick Road frontage shall adhere to the Commercial district design standards in lieu of the Industrial district design standards. d. The required multi-use pathway segment, detached sidewalks along Ustick and Naomi, 5- foot micro-path, and landscape buffers shall be constructed with the first phase of development. e. The Applicant shall construct all fencing as proposed on the approved concept plan to specifically include closed vision fencing along the south and west property boundaries. f. With the first phase of development,the Applicant shall connect to City water and sewer services, if available. Should sewer service not be available at the time of development, the Applicant shall connect to sewer services when available or the water service may be discontinued by the City. g. Provide a utility easement for the benefit of the City through the site to parcel SO434438850 to the east along the north half of the boundary for future sewer infrastructure. Coordinate the exact location with Public Works staff. h. With the first Certificate of Zoning Compliance application,the landscape buffer to Ustick Road shall be vegetated with additional landscaping to include: trees that touch at maturity,and; incorporate landscape beds along the entire fence line for added shrubs and vegetation to help mitigate any noxious uses within the site. i. The Applicant shall adhere to the specific use standards for the approved Public Utility, Major use, as outlined in UDC 11-4-3-31. 2. Prior to commencing any site development,the Applicant shall obtain Certificate of Zoning Compliance(CZC) approval for the first phase of site development. Any future buildings and site development will also require CZC approval. 3. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district and in UDC 11-4-3-31 for the Public Utility, Major specific use standards. Page 21 Item 6. F138] 4. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6B for nonresidential uses within the I-L zoning district. 5. The Applicant shall comply with all ACHD conditions of approval. 6. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 7. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a public access easement for the multi-use pathway segment along Fivemile Creek to the Planning Division for approval by City Council and subsequent recordation. The easement shall be a minimum of 14' in width(10' pathway and 2' shoulder on each side). 8. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 With the first phase of development,the Applicant shall connect to City water and sewer services, if available. Should sewer service not be available at the time of development,the Applicant shall connect to sewer services when available or the water service may be discontinued by the City. 1.2 Provide a utility easement for the benefit of the City through the site to parcel SO434438850 to the east along the north half of the boundary for future sewer infrastructure. Coordinate the exact location with Public Works staff. Page 22 Item 6. F139] 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 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 be dedicated via the City of Meridian's standard forms. The easement shall be graphically depicted on the construction 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 I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 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 addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.6 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.8 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.9 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 23 Item 6. F140] 2.11 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.12 All grading of the site shall be performed in conformance with MCC 11-12-31-1. 2.13 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.14 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.15 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciU.oMIgublic works.aspx?id=272. 2.16 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. PARKS DEPARTMENT—PATHWAYS https://weblink.meridiancily.org/WebLink/DocView.aspx?id=230782&dbid=0&r0o=MeridianC iv D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=230783&dbid=0&r0o=MeridianC iv IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: 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 zoning map amendment to annex the property into the City of Meridian with the I-L zoning district with the proposed Public Utility, Major use and site design is consistent with the Comprehensive Plan, if all conditions of approval are met to help mitigate any noxious uses nearby the existing residences to the south. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Staff finds the proposed zoning map amendment and the requested development complies with the regulations outlined in the requested I-L zoning district and is consistent with the purpose statement of the requested zone. Page 24 Item 6. 141 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Staff finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare, especially if all conditions of approval are met. 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 zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Staff finds the annexation is in the best interest of the City. Page 25