2022-05-19
PLANNING AND ZONING COMMISSION MEETING
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Thursday, May 19, 2022 at 6:00 PM
MINUTES
ROLL-CALL ATTENDANCE
PRESENT
Commissioner Patrick Grace
Commissioner Nick Grove
Commissioner Andrew Seal
Commissioner Maria Lorcher
Commissioner Steven Yearsley
ABSENT
Commissioner Nathan Wheeler
Commissioner Mandi Stoddard
ADOPTION OF AGENDA Adopted
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Commissioner Grove, Seconded by Commissioner Lorcher.
Voting Yea: Commissioner Grace, Commissioner Grove, Commissioner Seal, Commissioner
Lorcher, Commissioner Yearsley
1. Approve Minutes of the April 28, 2022 Planning and Zoning Commission Meeting
2. Approve Minutes of the May 5, 2022 Planning and Zoning Commission Meeting
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
ACTION ITEMS
3. Public Hearing Continued from May 5, 2022 for Amina’s Daycare (fka Mulonge
Daycare) (H-2022-0012) by Godelieve Mulonge, Located at 4175 S. Leaning Tower
Ave. Approved
A. Request: A Conditional Use Permit for a group daycare of up to 12 children
on 0.145 acres of land in the R-8 zoning district.
Motion to approve made by Commissioner Grace, Seconded by Commissioner Yearsley.
Voting Yea: Commissioner Grace, Commissioner Grove, Commissioner Seal, Commissioner
Lorcher, Commissioner Yearsley
4. Public Hearing for Black Rock Coffee (H-2022-0019) by Tamara Thompson of The
Land Group, Inc., Located at 3300 S. Eagle Rd. Approved
A. Request: A Conditional Use Permit to allow a drive-through establishment
within 300 feet of existing residential.
Motion to approve made by Commissioner Grove, Seconded by Commissioner Yearsley.
Voting Yea: Commissioner Grace, Commissioner Grove, Commissioner Seal, Commissioner
Lorcher, Commissioner Yearsley
5. Public Hearing for Peak at Sawtooth Village (H-2022-0026) by JGT Architecture,
Located at 4752 N. Linder Rd.
A. Request: A Conditional Use Permit for a drive-through establishment within
300 feet of another drive-through facility, a residential district and existing
residences. Approved
Motion to approve made by Commissioner Yearsley, Seconded by Commissioner Grove.
Voting Yea: Commissioner Grace, Commissioner Grove, Commissioner Seal, Commissioner
Lorcher, Commissioner Yearsley
6. Public Hearing for Bountiful Commons East (H-2022-0015) by KM Engineering,
LLP, Located at 5960 and 5984 N. Linder Rd. Recommended Approval of
Request B to City Council (request A is only a City Council decision) –
Scheduled for June 14, 2022
A. Request: Modification to the Existing Development Agreement (Linder
Mixed Use - Inst. #2018-052340) to update the conceptual development plan
and building elevations.
B. Request: Combined Preliminary and Final Plat consisting of three (3)
building lots on 2.20 acres of land in the C-C zoning district.
Motion to recommend approval to City Council made by Commissioner Yearsley, Seconded by
Commissioner Grove.
Voting Yea: Commissioner Grace, Commissioner Grove, Commissioner Seal, Commissioner
Lorcher, Commissioner Yearsley
ADJOURNMENT 7:24 pm
Item 1.
Meridian Planning and Zoning Meeting May 19, 2022.
Meeting of the Meridian Planning and Zoning Commission of May 19, 2022, was called
to order at 6:04 p.m. by Chairman Andrew Seal.
Members Present: Chairman Andrew Seal, Commissioner Steven Yearsley,
Commissioner Patrick Grace, Commissioner Nick Grove and Commissioner Maria
Lorcher.
Members Absent: Commissioner Nate Wheeler and Commissioner Mandi Stoddard.
Others Present: Chris Johnson, Kurt Starman, Bill Parsons, Sonya Allen, Alan
Tiefenbach and Dean Willis.
ROLL-CALL ATTENDANCE
Nate Wheeler X Maria Lorcher
Mandi Stoddard X Nick Grove
_X Steven Yearsley X Patrick Grace
X Andrew Seal - Chairman
Seal: All right. Good evening. Welcome to the Planning and Zoning Commission
meeting for the date of May 19th, 2022. At this time I would like to call the meeting to
order. The Commissioners who are present for this evening are at City Hall. We also
have staff from the city attorney, clerk's offices, as well as the City Planning Department.
For anyone online if you would like to simply watch the meeting we would encourage you
to stream this on the city's YouTube channel and you can access that at
meridiancity.org/live. With that let's begin with the roll call. Mr. Clerk.
ADOPTION OF AGENDA
Seal: Okay. The first item on the agenda -- agenda is the adoption of the agenda. Could
I get a motion to adopt the agenda?
Grove: So moved.
Lorcher: Second.
Seal: It's been moved and seconded -- seconded to adopt the agenda. All in favor say
aye. Any opposed? Okay. Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 5
Page 2 of 30
CONSENT AGENDA [Action Item]
1. Approve Minutes of the April 28, 2022 Planning and Zoning
Commission Meeting
2. Approve Minutes of the May 5, 2022 Planning and Zoning Commission
Meeting
Seal: Next item on the agenda is the Consent Agenda and we have two items on the
Consent Agenda. One is to approve the minutes of the April 28th, 2022, Planning and
Zoning Commission meeting. Second is to approve the minutes of the May 5th, 2022,
Planning and Zoning Commission meeting. Could I get a motion to accept the Consent
Agenda as presented?
Grace: So moved.
Yearsley: Second.
Seal: It's been moved and seconded to accept the Consent Agenda. All in favor say aye.
Any opposed? Okay. Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Seal: Okay. So, at this time I would like to explain the public hearing process. We will
open each item individually. Begin with the staff report. Staff will report their findings on
how they adhere to the Comprehensive Plan and the Unified Development Code. After
staff has made their presentation the applicant will come forward to present their case
and respond to staff comments. They will 15 minutes -- 15 minutes to do so. After the
applicant is finished we will open the floor to public testimony. Each person will be called
on only once during the public testimony. The Clerk will call the names individually of
those who have signed up on our website and in advance to testify. You will, then, be
unmuted in Zoom or you can come to the microphones in chambers. Please state your
name and address for the record and 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 the Clerk will run the presentation. If you have established
that you are speaking on behalf of a large -- larger group, like an HOA, where others from
that group will allow you to speak on their behalf, you will have up to ten minutes. After
all of those who have signed up in advance have spoken we will invite any others that
may wish to testify. If you wish to speak on the topic you may come forward in Chambers.
If you are speaking from Zoom, please -- and you have multiple devices, please, make
sure to mute the secondary devices, so we don't get feedback and we can hear you
clearly. When you are finished, if the Commission does not have any questions for you,
you will return to your seat in Chambers or be muted on Zoom and you will no longer
have the ability to speak. And, please, remember we will not call on you a second time.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 6
Page 3 of 30
After all testimony has been heard the applicant will be given another ten minutes to come
back and respond. When the applicant is finished responding to questions and concerns
we will close the public hearing. The Commissioners will have the opportunity to discuss
and, hopefully, be able to find -- or make final decisions or recommendations to City
Council as needed.
ACTION ITEMS
3. Public Hearing Continued from May 5, 2022 for Amina's Daycare (fka
Mulonge Daycare) (H-2022-0012) by Godelieve Mulonge, Located at
4175 S. Leaning Tower Ave.
A. Request: A Conditional Use Permit for a group daycare of up to 12
children on 0.145 acres of land in the R-8 zoning district.
Seal: So, at this time I would like to continue file number H-2022-0012 for Amina's
Daycare, which was continued from May 5th, and we will begin with the staff report.
Tiefenbach: Greetings, Mr. Chair, Members of the Commission. Alan Tiefenbach.
Associate planner with the City of Meridian. Yes, it has been continued a few times due
to some issues with posting. This time it has been posted and mailed properly. This is a
request for a conditional use permit. The property is .14 acres, zoned R-8, located on the
west side of South Locust Grove, which is north of Amity. This is a conditional use permit
to allow a group daycare. The property is already permitted to allow what is known as a
family daycare. That allows up to six kids. In order to go -- and that could be allowed
administratively. But in order to go from six to 12 kids they are required to go through a
public meeting, which is the purpose of this this evening. Again, located at 4175 South
Leaning Tower. There is already an in-home daycare there that has been there with six
children. The applicant wants to expand up to 12. According to the applicant, the daycare
will operate from 6.30 to 7.00 p.m. on weekdays. Play time is limited to one hour after
9:00 a.m. and one hour after 1:00 p.m. The applicant has stated that they presently
provide and will continue to provide the transportation for the children, although in the
instance that there may be people picking up or drop off, the house does have a parking
pad, which is approximately 30 feet wide, so that would accommodate an additional car,
as well as there is parking spaces that are available along the curb in front of the house
if needed. Staff has received quite a few letters initially from adjacent property owners.
think the last one we received was maybe in March. Original issues were talking about
parking, traffic, and safety issues. There is some pictures that I took here. Staff visited
-- based on the issues that were expressed about the parking and the traffic, staff went
out in the middle of the day and -- and looked and at that time all we saw on that whole
street was just two cars parked in front of the house. There was one particular citizen
that sent staff e-mails that there had been some ongoing issues with code enforcement.
There have been some complaints called into PD. Staff contacted the police department.
They said there had been one call and I guess it might have been somewhat
confrontational, but they did talk to the applicant and it might have been a
miscommunication. Since that time the PD said they have gone out there three more
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Item 1. May 19,2022 7
Page 4 of 30
times just to check and they have not seen any other issues with that. With that I don't
have any other additional recommendations or requirements. Staff recommends
approval.
Seal: All right. Thank you very much. Would the applicant like to come forward?
Johnson: Mr. Chair, he is online and unmuted.
Seal: Okay.
O'Bryant: Greetings. Thank you guys for hearing us. My name is Nick O'Bryant. I'm an
attorney and I represent Ms. Godelieve Mulonge.
Seal: If you could give your address for the record, please.
O'Bryant: Absolutely. It's 4106 South Sarteano, Meridian, Idaho. 83642. I'm about five
houses down from this. We thank the -- the city and the staff for helping us get through
this and through the process and appreciate the work and recommendation and I know
my -- my clients here are -- are excited to get this, hopefully, and -- and seek approval.
You know, ultimately I think there is no real concerns to address. I -- there were several
neighbors that I guess had a change of heart and -- and I think that's -- I would like to
thank them for that. Other than that I -- we don't have much more to add. If you have
any questions I'm happy to answer them.
Seal: Okay. Thank you. Does anybody have any questions for the applicant or staff?
All right. None at this time. Do we have anybody that's signed up to testify on this?
Johnson: Mr. Chair, only the applicant's representative signed up. That's all.
Seal: Okay. It looks like we have one other person on Zoom at this point. If they would
like to testify they can raise their hand.
Johnson: And I believe they are with an applicant later in the application.
Seal: Okay. If there is no questions and if the -- does the applicant have anything further
to add or --
O'Bryant- Nothing further. Thank you.
Seal: Okay. Thank you.
Grace: Mr. Chairman?
Meridian Planning&Zoning Commission
Item 1. May 19,2022 $
Page 5 of 30
Seal: Go ahead.
Grace: I just have a general question, because I --we have seen these a number of times
and there is a comment in the findings that this is -- these are much needed services. I'm
just wondering if staff can expand on that. I mean is there a -- is there a real need for
daycare services that it would prompt that -- and maybe you don't know the answer.
Tiefenbach: I'm probably the wrong person, because I don't have any children.
Grace: Yeah.
Tiefenbach: I can tell you that I regularly hear about the cost of daycare, especially in
more of an institutional or commercial setting. In-home daycare that's run by people from
home providers tends to be much cheaper, tends to serve the surrounding
neighborhoods. I might defer to somebody that actually has kids about the need of
daycare.
Grace: Yeah. And, I apologize, that might not be a fair question to you. I just -- we have
seen these a number of times and I'm just curious to know-- it seems like a lot of residents
are going from six to 12 children and I was just curious to know what the -- what the
demand is for this and I know Meridian is growing, of course. A lot of children. It would
make sense. But I was just looking for some more information. Thank you, Mr. Chairman.
Grove: Mr. Chair?
Seal: Go ahead.
Grove: Commissioner Grace, I could partially answer your question, just based on some
of my professional workings in this -- in this regard. Currently throughout the state and
more particularly in Meridian we have a -- a significant lack of childcare facilities and
childcare options outside of the house. With COVID the -- over the last couple of years
the demand has fluctuated somewhat, but the -- the wait list on most childcare facilities
is extensive and the -- the cost is more than a mortgage and -- for a newborn in many
cases. So, the -- the -- the need is -- is there for childcare to be provided in a multitude
of ways, both with these in-home facilities and with the larger facilities as well. We are
severely under represented with childcare facilities.
Grace: Mr. Chairman. Thank you. That's good to know. This is a great option for people.
So, I appreciate that.
Seal: Okay. Thank you.
Lorcher: Mr. Chair?
Seal: Commissioner Lorcher, go ahead.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 191
Page 6 of 30
Lorcher: In regard to staff for the summary of the requests, the play time is limited to one
hour between 9:00 a.m. and one hour after 1:00 p.m. Is that a guideline or is that a
steadfast rule?
Tiefenbach: Let me double check and see if that was in our conditions of approval. If
you think it needs to be and it's not you can certainly add that.
Lorcher: I would be the opposite. Children need to be outside. So, one hour a day and
if they are there from -- what are their hours? 7:00 a.m. to say 6:00 p.m. if somebody is
working and only to allow the children out for two hours a day, especially in the summer
time, seems not the best use of the children's time.
Tiefenbach: I was quite a hyperactive child and I'm sure that would have been a
nightmare for my parents. I will double check and see if that was a condition of approval.
Give me just a minute.
Lorcher: Thank you.
Seal: Anymore questions? Somebody has to ask a question while Alan is looking.
Johnson: I apologize, Mr. Chair. The applicant does have their hand up. I don't know if
they wanted to answer that or if you are still taking -- Mr. O'Bryant, you can go ahead.
O'Bryant: Thank you. I just wanted to point out a couple of things. I live in this
neighborhood, too. We did just have a baby in November. I quit myjob at a firm and took
a few clients and -- and work from home myself, primarily because of the cost of -- of
daycare. It is a huge -- huge concern around here. The growth is incredible and -- and
there is no shortage of folks that can't get daycare. So, we appreciate that. And, then,
on a -- sort of practical side, I don't think anybody in this neighborhood knew these folks
ran a daycare until these notices went out. So, that should probably say something.
would have some other thoughts to say in a different setting, but I don't see any problem
here and there is a park right in front of my house. Every day during the summer there is
20, 30, 40 kids out there, if not more, and it's wonderful. That's -- that's all I think I have
to say on that.
Seal: Thank you very much. Go ahead, Alan.
Tiefenbach: Mr. Chair, Members of the Commission, Alan Tiefenbach. Just to clarify,
that's not a condition of approval. That was just a statement in the staff report and was
what the applicant said. So, there is no requirement on what time they can -- can or can't
be out.
Lorcher: So, they can have the children out for more than two hours a day?
Tiefenbach: There is no requirement as a condition of approval.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 Flo]
Page 7 of 30
Lorcher: Okay. Very good. Thank you.
Seal: Okay. Anybody else? Can I get a motion to close the public testimony?
Lorcher: So moved.
Grove: Second.
Seal: It's been moved and seconded to close the public testimony for File No. H-2022-
0012. All in favor say aye. Any opposed? All right. Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Seal: If anybody would like to ask anything -- or debate anything else or give a motion
on this? It looks fairly straightforward.
Grace: Mr. Chairman, for a motion.
Seal: Commissioner Grace, go ahead.
Grace: I would move that after considering all staff, applicant, and public testimony to
recommend approval of the City Council -- to the City Council of File No. H-2022-0012 as
presented in the staff report for the hearing date of May 19th, 2022, with no modifications.
Seal: Okay.
Grove: And point of clarification.
Seal: Go ahead.
Grove: This is not -- this is a CUP, so it would not be to City Council --
Yearsley: You would need to approve, not to recommend approval.
Seal: Correct.
Grace: So, Mr. Chairman, I would alter my motion to the extent that I would motion to
approve, not to recommend to approve.
Seal: Okay. We still have a second?
Grove: Second.
Yearsley: Second.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 Fill
Page 8 of 30
Seal: Okay. It has been moved and seconded to approve Item No. H-2022-0012 for
Amina's Daycare with no modifications. All those in favor say aye. Any opposed? Okay.
Motion carries. Thank you very much.
MOTION CARRIES: FIVE AYES. TWO ABSENT.
4. Public Hearing for Black Rock Coffee (H-2022-0019) by Tamara
Thompson of The Land Group, Inc., Located at 3300 S. Eagle Rd.
A. Request: A Conditional Use Permit to allow a drive-through
establishment within 300 feet of existing residential.
Seal: All right. At this time I would like to open public hearing H-2022-0019 for Black
Rock Coffee.
Tiefenbach: Thank you, Mr. Chair. Again Alan Tiefenbach. This is a request for another
conditional use permit. The property is about a little less than an acre. It's zoned C-C.
It's located at the southeast corner of South Eagle Road and East Victory, which is in The
Shops at Victory Center. The property was annexed in 2008. There were numerous
extensions to the preliminary plat until they got the final plat done. The final plat was done
in 2016. When the property was annexed one of the conditions -- or excuse me. When
the property was annexed alternative compliance was granted. The property is directly
next to existing residential. There is a requirement that if you build a commercial use next
to residential that you have to supply a 25 foot wide landscape buffer. The alternative
compliance was to allow this landscape buffer to be reduced to as little as ten feet and a
condition of approval with that was that they had to put in a Verti-Crete wall, which is
basically a large concrete sound wall. I only say that because I will probably come back
to that. That ship has already sailed. Alternative compliance was already granted, but
they -- they don't meet the buffer, but they do have the wall that was required. So, this is
a request for a conditional use permit to allow a drive-through establishment. It's within
300 feet of an existing residence and it's within 300 feet of another drive-through facility
and that's what the requirements are. If one of those two are met or both you have to go
through a conditional use. Again, the property was annexed in 2008. It's one of three
commercial lots. A conditional use was approved for the lot on the north. That would be
the Rite-Aid. And that was approved to allow a drive-through facility on that Rite-Aid
within 300 feet of the residential properties, which are to the east. This would be another
drive-through establishment within 300 feet of that and 300 feet of the existing residential.
It's a 1,975 square feet Black Rock Coffee Shop. This drive-through establishment, again,
is within 300 feet of both. If you look at the site plan here, the site plan shows stacking
lanes. That's what you would see here. So, this is the stacking lane. As you probably
know, some of these drive-through coffee shops sometimes have a tendency to have
traffic parking -- backing out into the street. In this particular case we are a little less
concerned about that, because all of this is a parking lot, so if we did have one of those
days where there was a lot of people parked waiting to get their coffee it would spill into
the parking lot versus into the street. There is also an escape lane. This is required
anytime a stacking lane -- stacking lane is longer than a hundred feet. The way that this
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F12
Page 9 of 30
works is somebody comes in, they change their mind or somebody calls them, they realize
they forget something, they can jump into this escape lane here and get out without having
to wait all through the line. There is also a requirement in the specific use standards that
the window of the drive-through facility has to be visible from the street. That's for a safety
issue. You don't want to have a window on the other side of the building and have no
idea what's going on when there is being cash handled. The building -- excuse me. The
window in that case would be to the north, so you wouldn't be able to see that when you
are coming down Eagle Road south or from the parking lot at the Rite-Aid. There is an
outdoor speaker that is shown. It's -- and it's about 200 feet from the existing residence.
It's not labeled on here, but if you can see where my pointer is this is where that speaker
and that menu board would be. We --we did have some concerns about that being close
to the residential. Because of that we asked the applicant if they would submit to us a
decibel study that would sort of demonstrate what kind of sound impacts would be from
that speaker board. The applicant did do that decibel study and what it showed is that at
16 feet from the speaker it's about 36 decibels. To -- just to put that into context, 40 is
considered a whisper. So, at 16 feet it's about a whisper. The actual adjacent property
is 200 feet from that speaker. The property owner of the property to the east directly next
door, the house that's closest, submitted a letter to staff and this letter was in support of
this development. Basically, the -- the property owner said that this developer has done
a very good job working with them and has done everything that they have asked for them
to do and that he is confident that this would be fine and he has no issues with it and
urges support. Only other comment would be these elevations. Overall they are pretty
good. They are franchise type architecture. We do have some requirements in our
architectural standards manual that there has to be at least two field materials. This may
qualify, but the problem is is that -- and I don't want to get in all the --to get into the weeds
here, but one of those field materials can't be metal. In this case it looks like it is. So,
that's something that staff will work out with the applicant. But overall the architecture is
good with this. Again, we have received one letter of support. So, the -- the proposal
meets all the dimensional standards and it meets the specific use requirements for a
drive-through facility. Staff recommends approval with conditions and those conditions
included complying with the development agreement on the hours of operation being
between 6:00 and 10:00. Specifically at the applicant's request we -- we put it in the
conditional use that the -- the hours of operation would comply with the hours of the DA,
unless they were modified, and the reason why is the applicant may in the future want to
modify those hours through a DA mod and they don't want to have to also come in and
modify the conditional use. We also believe that it complies with the -- for the most part
the Architectural Standards Manual for the elevations, with probably some tweaks, and
the only other thing we commented about in our conditions is that there is a walkway that
you can see here. It's striped. On there the way that our code reads it says it has to be
brick pavers or some kind of material. It just can't be striped with that. I will stand for any
questions and staff is done with their presentation.
Seal: Okay. Thank you very much. Would the applicant --
Starman: Mr. Chairman, may I add a supplemental comment?
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F13]
Page 10 of 30
Seal: Absolutely.
Starman: So, I just wanted to -- this is really for the record primarily and for the applicant,
but in the proposed conditions that are before the Commission tonight is condition --
proposed Condition A-15, which references the development agreement that Alan just
described and one provision in that development-- so, the condition essentially says this
project that you are considering tonight will be or shall be subject to those approvals that
happened previously, including the development agreement. There is a provision in that
development agreement that says that the owner-developer is responsible for
reimbursing the city for previous expenses to extend sewer and water to this site. We are
still doing some research as to whether that has occurred yet or not and so we are not
quite prepared to make a definitive statement, but I just wanted to put something on the
record that indicates that provision -- that provision in the DA is applicable and if that
payment has not -- a reimbursement has not yet occurred that would be a prerequisite
before construction could begin on this project. So, I just wanted the opportunity to put
that in the record. Thank you, Mr. Chair.
Seal: Thank you. Appreciate that. Okay. Would the applicant like to come forward?
Huber: Mr. Chairman, Members of the Commission, my name is Jeff Huber. My address
is 8385 West Emerald Street in Boise and I represent the applicant. We want to thank
staff for their report tonight. It was very thorough and we thank them for recommending
approval and we are in agreement with all of the conditions as stated in the report. One
of the neighbors has come a long ways here tonight. I don't know if they want to testify,
but they were late and are not on your sign-up sheet, so you might want to ask if there is
someone else that would like to address this.
Seal: Okay. Absolutely.
Huber: I stand for questions.
Seal: Is there any questions for applicant or staff? Commissioner Yearsley?
Yearsley: Mr. Chair. Just -- just want to clarify. I know most coffee shops like to start
before 6:00, but you are -- you are okay with starting at 6:00 o'clock then?
Huber: Well, we actually are planning to come back and modify the development
agreement to -- so that they start at 5:00.
Yearsley: Okay. That's why I was just curious. Thank you.
Seal: Anybody else have questions? All right. Thank you very much. Appreciate it. Do
we have anybody --
Johnson: We do, Mr. Chair. Mr. Aldridge did sign in.
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Item 1. May 19,2022 F14
Page 11 of 30
Seal: Good evening, sir. If you could give us your name and address for the record.
Aldridge: Bob Aldridge. I'm at 3300 East Falcon Drive. Depending on how you look at it
they are either in my backyard or I'm in their backyard. We have been there since 1985
when life was much more simple. We have worked with this group now over quite a
number of years, working on initially the -- just general development and, then, through
the Rite-Aid and they have literally bent over backwards to accommodate us and I am
thoroughly confident that if any questions come up it will be settled. So, we had some
lighting issues from when it was first lit up and they went way out of the way to get those
solved. I don't have any problems with noise. As noted, the coffee speakers are pretty
low intensity. There is a tall wall in between us. I have got two giant trees there with
walnuts that for some reason are able to take over and drop on people's head in the Rite-
Aid and also the way this is laid out the traffic is never going to show any lights into our
property and plus we are pretty isolated and we have more trees on our property. So,
think it's a good project. It's a good usage. It's a lot lower impact than a lot of things that
could be there. So, very much in favor of it.
Seal: Okay. Thank you. Anybody have anything for -- no? All right. Thank you, sir.
Appreciate your testimony. Is there anybody else that wants to testify you can raise your
hand. If not, does the applicant have anything they would like to add further? Indicating
no. All right. Can I get a motion to close the public hearing for Item No. H-2022-0019.
Grove: So moved.
Lorcher: Second.
Seal: It's been moved and seconded into close the public hearing for Item No. H-2022-
0019. All in favor say aye. Any opposed? Okay. Motion passes.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Seal: Anybody would like to add more to the discussion or --
Grove: Mr. Chair?
Seal: -- throw a motion out? Go right ahead.
Grove: Pretty simple when the applicant agrees with the staff report and the public
testimony with the neighbor most impacted is very supportive. So, I think we should be
able to move forward. So, with that, after considering all staff, applicant, and public
testimony, I move to approve File No. H-2022-0019 as presented in the staff report for
the hearing date of May 19th, 2022, with no modifications.
Yearsley: Second.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F15]
Page 12 of 30
Seal: It's been moved and seconded to approve Item No. H-2022-0019, Black Rock
Coffee with no modifications. All those in favor say aye. Any opposed? Okay. Motion
carries. Thank you very much.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
5. Public Hearing for Peak at Sawtooth Village (H-2022-0026) by JGT
Architecture, Located at 4752 N. Linder Rd.
A. Request: A Conditional Use Permit for a drive-through establishment
within 300 feet of another drive-through facility, a residential district
and existing residences.
Seal: Okay. Next we will open File No. H-2022-0026 for Peak at Sawtooth Village. We
will begin with the staff report.
Allen: Thank you, Mr. Chair, Members of the Commission. The next application before
you is a request for a conditional use permit. This site consists of .93 of an acre of land.
It's zoned C-N, located at the southeast corner of North Linder Road in West McMillan
Road at 4752 North Linder Road. This property was annexed in 2013 with the
requirement of a development agreement and a preliminary plat was approved. A final
plat was later approved in 2015 for McLinder Subdivision. The Comprehensive Plan
future land use map designation is mixed use neighborhood. A conditional use is
proposed for a drive-through establishment within 300 feet of another drive-through
facility, which is directly to the south, and a residential district and existing residences,
which are kitty-corner to this site to the southeast in the C-N zoning district. A 4,846
square foot building is proposed to be constructed on the site with three tenant spaces.
A drive through is proposed on the westerly 2,200 square foot tenant space for a
restaurant. The tenant intends for the drive through to be more of a pick up location where
customers would order ahead through a mobile app, rather than ordering from a speaker
or window. No speaker or menu board is proposed at this time and there are specific use
standards in the UDC that pertain to drive-through establishments as follows: Stacking
lanes are required to have sufficient capacity to prevent obstruction of driveways, drive
aisles and the public right of way by patrons. The stacking lane proposed for the site will
accommodate approximately five vehicles, which the applicant believes will be sufficient
for their use and business model. Staff is concerned if the stacking lane backs up the
drive aisle on the north side of the building may obstruct vehicles trying to enter or exit
the parking spaces in that area. Also while the proposed stacking lane may accommodate
the proposed user, it may not be able to accommodate future users that may be more
intense without obstructing the drive aisle and parking on the north side of the building.
Second, the stacking lane is required to be a separate lane from the circulation lanes
needed for access and parking, except that stacking lanes may provide access to
designated employee parking. The stacking lane for the site is a separate lane from the
circulation lanes needed for access and parking on the west side of the building.
However, if stacking backs up around the north side of the building it could obstruct
parking in that area. There are also a few other standards the site is in compliance with.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F16
Page 13 of 30
Based on staff's analysis the proposed drive through is deemed to be in general
compliance with the specific use standards as required. If the Commission does not feel
there is adequate stacking area to accommodate vehicles in the drive through without
obstructing the drive aisle needed for circulation and parking on the north side of the
building, revisions may be required to the site design. The proposed access and parking
complies with UDC standards. Conceptual building elevations were submitted as shown
that incorporate a mix of materials consisting of horizontal hardboard siding, stone,
veneer and glazing. The final design shall be consistent with the design standards listed
in the Architectural Standards Manual. Written testimony was received from the
applicant. They are in agreement with the staff report conditions of approval. Staff is
recommending approval. Staff will stand for any questions.
Seal: Okay. Thank you. Would the applicant like to come forward? Good evening. Your
name and address for the record, please.
Bevan: Yes. Tom Bevan. Address 4202 North Marcliffe Avenue, Boise. 83704.
Johnson: Can you pull that microphone towards you. Either one.
Bevan: I will take any questions. I don't really have anything to add to the staff report,
but be glad to take questions.
Seal: Anybody have any questions for the applicant? Mr. Grace, go ahead.
Grace: Mr. Chairman. Sir, so the -- it indicated that it was not intended -- well, let me get
this right. It was intended that people would use an app to place their orders and, then,
are they only going up to the window, then, to -- to just pick up the order?
Bevan: Yes. It's like a pick up location where there -- there is no menu board and there
is no speaker. You have the -- by app you order and, then, you go and pick it up and they
just hand it out to you.
Grace: How will they know it's ready I guess is --
Bevan: They do it through their smartphone.
Grace: They get notified over the smartphone --
Bevan: Yes.
Grace: -- that it's ready?
Bevan: When it's ready. Yeah. And they get a number and they come by and pick it up.
Grace: Okay. Okay. Thank you, Mr. Chairman.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F17]
Page 14 of 30
Seal: Commissioner Yearsley, did you have something?
Yearsley: I just want to -- if you could address -- you know, I'm not quite sure what
business this is or -- or if it's an established business. If -- if the use does change, how
do we ensure that we have enough stacking or not having issues in the -- in the future
with only having five parking spaces? Is there, you know, other conditions or things that
we can consider to provide for more stacking if-- if necessary in the future based on staff's
comments that they just presented.
Bevan: Well, I guess we could address that. The -- the tenant has signed a ten year
lease, so -- so -- but in the future after that -- I don't know. I guess we would have to look
at it again.
Lorcher: Mr. Chair?
Seal: Commissioner Lorcher, go ahead.
Lorcher: In regard to Commissioner Yearsley's comment, so after that tenant leaves
would the next business have to get a conditional use permit to address the stacking lane
that you are addressing?
Seal: No, they wouldn't have to. I guess I will kind of pile on here a little bit. So, while
this is an operation if they wanted to put out -- if they wanted to change the business
model let's say, like this isn't working purely online, what would they need to go to through
-- and, Sonya, this is kind of a question for you probably more or less. If they did want to
put out a -- you know, a menu and a microphone and -- and all that, is there a process
they would need to go through or they -- they basically are conditioned to use it as they
see fit in that regard?
Allen: Mr. Chair, Commissioners, as is there is no condition prohibiting a menu and
speaker. You could certainly include that. That would apply to this user, as well as future
users of the drive-through.
Seal: Okay. And that -- I think the reasoning behind this is -- I think the use that you are
proposing, at least in my mind, if people are coming --and --and there are a lot of services
that work like this now, so -- that's how I get my haircuts anymore, so -- they let me know
when to come and I go and they cut may hair and I leave. So, it's pretty nice to do that.
So, I understand a little bit of the business model that's going on here. That said, if the
-- if it does change and I ride to dinner and go to this facility here quite a bit, I can see
where if that model changed and people were waiting, if it wraps around it's going to make
it really hard for people to not block that -- you know, the private drive that's in there or
private drive I guess I should say, you know, as far as traffic goes and -- I mean the other
part of it is if you get somebody that's waiting at the window, somebody that's trying to
use the escape lane, because there are other businesses in this -- I mean it's not just the
one business in the building, there are several businesses. So, if you have somebody
parking in the diagonal parking to the west side of the building, you have somebody that's
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F18
Page 15 of 30
in the escape lane, you have somebody that's ordering -- or picking up I should say, that's
-- you know, I drive a full size truck, so if you got three of those trying to do those
maneuvers in there I just don't know that it's going to fit, so --
Bevan: Well, I could say that I talked to the tenant about that, actually, what they do in
other locations and they do this same thing in almost all their locations and they haven't
changed it. They say it works very well. So, I don't think that this tenant would change
it, because it works so well for them in other locations. It's a national chain. The Goose,
but --well, I guess it's more of a regional chain, but -- so, they -- they like the process and
it works well and I asked them do you want us to put something in there for a speaker
later and he said, no, I don't want any speaker wires or I don't want any pre- planned
menu board, wires, or lighting or anything like that. They just don't use them.
Seal: Okay.
Yearsley: Mr. Chair?
Seal: Go ahead.
Yearsley: Would you be amenable if we added the condition to -- you know, that -- to not
allow a menu board or a speaker without prior approval?
Bevan: In the condition? Yeah, we could go with that.
Yearsley: Okay.
Seal: Okay. Are there any other questions? No? All right. If you want to have a quick
seat we will see if anybody is --
Bevan: Thank you.
Seal: -- anybody is going to testify online or -- I don't think we have anybody in the
audience. No? Okay. I will assume there is nothing further to add at this point. So, if
somebody would like to give me a motion to close the public hearing.
Grove: Mr. Chair?
Seal: Go right ahead.
Grove: I move to close the public hearing for Peak at Sawtooth Village, File No. H-2022-
0026.
Grace: Second.
Yearsley: Second. Oh.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F19
Page 16 of 30
Seal: It's been moved and seconded to close the public hearing for File No. H-2022-
0026, Peak at Sawtooth Village. All in favor say aye. Any opposed? Okay. Motion
carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Seal: Who would like to go first?
Yearsley: Mr. Chair?
Seal: Commissioner Yearsley, go ahead.
Yearsley: I -- I agree with the concerns of staff and I understand -- and I think if -- if -- if
this works I think it's a great idea, but I would be amenable to -- or I would like to see that
condition to not allow a menu board or a speaker without prior additional conditional use
permit or additional approval.
Seal: Okay. I agree with that as well. Commissioner Grace?
Grace: Mr. Chairman, I think that's a great recommendation. I agree with that. I probably
still have concerns that there might be stacking and based on the depiction what that
would mean for, you know, people parking and -- but I'm willing to allow for what the
applicant said about, you know, it's been done before and it's -- it's not a problem. I do
-- I do question -- I do worry about potential further future I should say tenants there, so I
-- I agree with Commissioner Yearsley. I think that's a great recommendation.
Grove: Mr. Chair?
Seal: Go right ahead.
Grove: I think maybe just to have it on the record for some of the thinking here, though,
is with the -- if it does ever come back for an additional CUP to add the speaker board, I
think having the applicant at that point in time look at relocating the -- the placement of
the --the pick up window would be an appropriate thing to --at least can strongly consider
and moving it to the south side versus the west side if-- if-- if a speaker board does come
in, because it would improve the stacking capacity. I will say one thing that works in the
favor of this is, you know, it's overparked a little bit, so that does give some additional
leeway in terms of how they could operate, you know, with running orders out and things
like that. So, I'm not as concerned if there was not that additional overparking.
Seal: Okay. Anyone else?
Yearsley: Mr. Chair?
Seal: Go right ahead.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F20
Page 17 of 30
Yearsley: After considering all staff, applicant, and public testimony I move to approve
File No. H-2022-0026 as presented in the staff report for the hearing date of May 19th,
2022, with the following modifications: That no menu board or speaker may be allowed
without prior approval from the city.
Seal: Do I have a second?
Grove: Second.
Seal: Okay. It's been moved and seconded to approve Item No. H-2022-0026 for Peak
at Sawtooth Village with the aforementioned modifications. All in favor say aye. Any
opposed?
Parsons: Mr. Chair, just a clarification for Sonya and myself.
Seal: All right.
Parsons: I think it was your intent to say come back and get CUP approval, if I'm
understanding correctly.
Yearsley: Yes.
Parsons: All right. Thank you.
Yearsley: Absolutely.
Seal: All right. Thank you very much for that. So, none -- none -- none were opposed,
so motion -- motion carries. All right. Thanks very much.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
6. Public Hearing for Bountiful Commons East (H-2022-0015) by KM
Engineering, LLP, Located at 5960 and 5984 N. Linder Rd.
Recommended Approval of Request B to City Council (request A is
only a City Council decision) — Scheduled for June 14, 2022
A. Request: Modification to the Existing Development Agreement
(Linder Mixed Use - Inst. #2018-052340) to update the conceptual
development plan and building elevations.
B. Request: Combined Preliminary and Final Plat consisting of three (3)
building lots on 2.20 acres of land in the C-C zoning district.
Seal: All right. At this time we will open up File No. H-2022-0015, which is Bountiful
Commons East, and we will begin with the staff report.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F21
Page 18 of 30
Allen: Thank you, Mr. Chair, Members of the Commission. The next application before
you is a request for a combined preliminary and final plat. There is also a concurrent
development agreement modification application that will be heard by the City Council
that does not require the Commission action tonight. This site consists of 2.2 acres of
land. It's zoned C-C and it's located at 5960 North Linder Road. This property was
annexed in 2017 with the requirement of a development agreement. A preliminary and
final plat was approved in 2018. A property boundary adjustment was recently approved
this year, which established the current configuration of the property. The
Comprehensive Plan future land use map designation is mixed use community. As I
mentioned earlier, the -- the modification to the existing development agreement is
proposed to update the conceptual development plan and remove the conceptual building
elevations for Chili's from the agreement and replace them with concept elevations for
the proposed single story commercial and office buildings. Changes to the concept plan
consists of replacing the 7,000 and 10,000 square foot buildings with a shared outdoor
plaza area in between the two buildings as shown on the site plan there on the left with
four multi-tenant commercial and office buildings with individual outdoor plazas at the rear
of each building and that site plan is shown there on the left as well. Staff is
recommending changes to the concept plan that consists of removal of the parking
spaces on the west side of the site that back out into the backage road and removal of
the parking in between each set of buildings for the provision of common usable area and
plaza area as required in the development agreement and the Comprehensive Plan for
mixed use designated areas. These changes should be made prior to the City Council
hearing per the staff report. Again, this application is not before you for a recommendation
tonight and this is purely informational. A combined preliminary and final plat is proposed
as shown to resubdivide a portion of Lot 1 and all of Block -- excuse me -- all of Lot 4,
Block 1, Bountiful Common Subdivision. The proposed plat consists of three buildable
lots on 2.2 acres of land. The preliminary plat is shown on the left and the proposed final
plat is shown on the right. The proposed plat consists of three buildable lots on 2.2 acres
of land. Access to the subdivision exists via a private driveway and backage road that
runs along the west boundary of the site parallel to North Linder Road. This is a copy of
their proposed landscape plan for the site. There are no public streets that abut this
property. Written testimony has been received from Stephanie Hopkins, KM Engineering,
the applicant. They are not in favor of amending the concept plan as recommended by
staff. Staff is recommending approval of the combined preliminary and final plat with the
conditions in the staff report. Staff will stand for any questions.
Seal: Thank you, Sonya. Would the applicant like to come forward? Good evening. Just
need your name and address for the record.
Hopkins: Thank you, Mr. Chair, Members of the Commission. Stephanie Hopkins with
KM Engineering. Our address is 5725 North Discovery Way in Boise. 83713. 1 have a
presentation. I don't know if Sonya has it up quite yet. I also have a flash drive if that's
easier. Sorry about that.
Allen: No. No. Just a second here. All right. Sorry about that, Stephanie. Get it opened
here.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F22
Page 19 of 30
Seal: It's beautiful weather we are having lately.
Hopkins: Okay. Very chilly today.
Seal: It was a little chilly.
Hopkins: Compared to the last couple days.
Seal: Blow all the pollen elsewhere.
Hopkins: I know. Thank you. Okay. So, Sonya did a great job summarizing our request.
I won't go over too many of the details she already covered, but this property is south of
Linder Village. It's just east of Linder Road and south of Chinden Boulevard. It was
originally part of the Bountiful Common Subdivision. This is I think Lots 1 and 4 within
that original subdivision and we are going to be calling it Bountiful Commons East. We
recently did a property boundary adjustment. Used to be -- the backwards L -- used to
be a little corner there, as well it was part of Lot 1 that's now been taken out of the property
and so we are proposing to subdivide the remainder into three commercial lots, as Sonya
mentioned. We are requesting a couple of changes to staff's recommendation on the
development agreement modification. We are proposing to update the development
agreement with the new concept plan that we are proposing. This is the original concept
plan. Shows a 7,000 square foot building and 10,000 square foot building with central
open space or a common open space in the center there, with surface parking lots, and
this is our proposed concept plan. So, the -- up in the northwest portion of the site is the
-- the lot that was taken out with the property boundary adjustment. So, the remainder
will be the three lots that will be in the combined preliminary and final plat and so the
concept plan that we are showing now does not have a central open space, but it has four
open plazas for each of the multi-tenant buildings that we are proposing. They will be
connected with sidewalk throughout the site and will connect ultimately to the drive aisle
that's to the east -- or to the west. This is conceptual elevations that we are proposing for
the buildings. They are multi-tenant buildings. Don't have users in place quite yet, but
the intent really behind updating the development agreement is to have a little bit of
flexibility with the concept plan and the elevations that we are proposing, so that we can
be flexible for future tenants and make sure that if there is someone that comes in that
maybe wants to do a property boundary adjustment to get rid of a lot line or modify the --
the existing concept plans of -- say somebody wants to come in and actually build a
building across Lot 7 and Lot 8, they could come in and do an administrative lot -- or
property boundary adjustment to get rid of that line and -- and build a building. So, we
would really like to have some flexibility with the concept plan that's attached to the
development agreement, as well as the elevations that are included in our request. So,
this is the combined preliminary and final plat. Three commercial lots taking access from
the private drive aisle that goes north-south that was recently constructed and we are
going to be installing a 25 foot landscape buffer adjacent to the existing residential homes
on the eastern part of the site. That will happen with site development of those two lots.
So, as Sonya mentioned, we are requesting to modify a couple of her conditions -- or a
couple of conditions that are attached to her recommendation and that is to remove ten
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F23
Page 20 of 30
parking spaces that are on the west boundary of the site adjacent to the private north-
south drive aisle. As you can see on our concept plan, we are currently showing ten
parking spaces that come right off of that drive aisle and to replace parking areas between
Buildings A and B and C and D with plazas, with a public, quasi-public, open space. So,
that is so that we can have more flexibility and parking for future tenants. As you are all
aware, restaurants and some uses require a lot more parking than other uses and
because we don't have users in place for the three lots that we are proposing it would be
nice to be able to have some flexibility for future tenants to make sure that we are
providing adequate parking for folks, as well as remaining flexible for anyone that might
want to come in and modify the site. The requirement for the mixed use community land
use, which is the designation that we are in, does require -- I think it's five percent public,
quasi-public open space and this property was initially part of a five acre piece that was
within -- per the development agreement. This is two -- a little over two acres. It's a
smaller site and it's difficult to put open space in a location, so it would really be preferred
to have them individually located on each lot to make sure that -- not only for installation,
but to make sure that it's easily maintained by those buildings, rather than the entire office
complex. It would also be difficult to make sure that a central open space was installed
at one time if it was in the center of these four lots. So, that's -- that's the reasoning
behind that request. These are the plaza areas that we are proposing. Additionally there
is some -- a pretty large chunk of open space that's going to be provided with the Linder
Village Subdivision -- or the Linder Village development to the north. It's going to be a
public park that has parking and micro paths that kind of go through it, so this -- this is a
schematic to show you how that might work. People from the office complex or whatever
uses decide to locate here could easily walk up to that open space and -- and hang out
there. I think it was probably -- this area is going to be a little bit more of a draw for folks,
residents and employees in the area than the -- the complex that we are talking about
would be. These are just some photos of the drive aisle to show kind of how it's currently
configured and how that might function. So, the Beehive Federal Credit Union is
constructed and it's to our west and, then, our property is the undeveloped property on
your left. As you can see it's not very busy right now. There is not any vehicles coming
or going and there is no one parked on the side of the road. This is an example of how I
think that parking off of that drive aisle would function. This -- this is a complex on the
right-hand side of your screen that's over off of Eagle Road. It's just north of Chinden
Boulevard where there is a Reel Theater and some other stuff over there. They have
kind of a similar configuration where they have got a -- Eagle Road is actually a state
highway, so it's probably a little more heavily trafficked than Linder Road is, but folks can
come in off of the arterial roadway and go into a local collector and, then, come onto a
drive aisle where they have diagonal parking in place and I have been in this complex
several times and it seems to work pretty well. It actually tends to slow traffic down, so
folks know that it's meant to be a place to stop. It's a destination. It's not a thoroughfare.
So, with that we -- we think that the addition of these commercial uses will be a benefit to
the city. We are excited for this project and really looking forward to continue working
with the city on it. I would like to hear your opinions, I guess, on the development
agreement modification request, as I know you won't be making a recommendation to
City Council, but we are interested to kind of know, you know, what maybe your opinions
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F24
Page 21 of 30
are. With that I will stand for any questions. The developer is here tonight, too, if you
have any that I can't answer.
Seal: Thank you. Questions for applicant or staff?
Grove: Mr. Chair?
Seal: Go right ahead.
Grove: So, Stephanie, with this change it sounds like the intent is to have it be more
office and not have any restaurant retail operations. Is that the intent or --
Hopkins: Mr. Chair, Commissioner Grove, I will probably defer to our client on that. I
don't know -- they don't have any users in place that I'm familiar with. The northwest
parcel that we separated off of the property boundary adjustment is going to be a dentist,
so that is an office -- kind of a professional office use. There will probably be a fair amount
of parking needed for that kind of use, as I'm sure they will have several chairs and several
appointments at a time. But the other lots I don't know that they have any specific kinds
of uses in mind and I think that they can come up and kind of --
Grove: The reason I'm asking is it -- I guess it -- we don't have a -- a say on how that
plays out tonight, but just in terms of how we are conceptualizing the -- the use and why
we would, you know, be in favor or against not having a more centralized usable space
amongst the -- the -- the four uses. I struggle with the general concept that as provided,
because it -- it doesn't tie into the larger mixed use of-- of the area when it's very isolated.
It's not isolated -- because it's very -- very small. But it -- I just -- you are asking for some
feedback and that's -- that would be my feedback is I don't -- I don't personally like how
that is integrating currently. I know we don't have a say, but just my -- my two cents.
Hopkins: Commissioner, thank you for your feedback. If I might ask a question.
Seal: Go right ahead.
Hopkins: Would it be preferred or maybe help the situation if there was a pathway leading
from our site plan at some point to the -- the open space that's to the north?
Grove: For me it's -- the -- the pathway would definitely help. It's the -- trying to think of
good words and it's later in the day for me, but it's just -- it's not tied together. It's four
separate entities and not one -- being looked at as one development, essentially. I know
it might get built out as four separate things, but it doesn't look like the -- an integrated
plan with how they would function together. But, you know, there are -- there are four
parts and they are not four parts of a whole.
Hopkins: Thank you for the feedback.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F25
Page 22 of 30
Seal: Yeah. And I mean the -- the feedback I will give is just on the -- the drive aisle
really where -- and we have a drive aisle that's coming down -- it looks like the bulb outs
and the -- and the trash receptacle is going to kind of impede that. I mean if-- if anything
can be done -- and I can see why Sonya put that in there as far as those ten parking
spots, the bulb outs, and everything, that looks like it's going to push right into that drive
aisle. The more you can keep that open the better it's going to be for everybody, your
neighbors, your customers, everybody involved. So, you know, and depending on who
you market this for, you know, having open areas, especially in between the buildings,
there is -- if you have been to -- down by the Capri Cafe, it's just south of this, they have
an open plaza that's in there. It gets used a ton by the businesses that are in there, but,
you know, of course, you have, essentially, you know, a -- a dining establishment and a
brewery, basically, sharing that space and they do have a nice pathway that goes right
into the residential area there, so that's very, very nice to where if you have something
like that and you have just a parking lot, kind of difficult to go the other way. So, I don't
know if there is a way to, you know, kind of mash this up a little bit, maybe come up with
a better solution overall. I think that the -- you know, the small amount of common area
off the back is helpful. I mean you can have some patio out there if you do have a
restaurant or something along those lines. If you do have a dentist office that's wasted
space, so -- I mean I don't -- in my dentist I would prefer to wait outside, but I don't have
that option. But, anyway, that's -- I mean the feedback that I can give on it that's -- that's
what I'm seeing of it. So, you know, it would be nice to see that drive aisle opened up,
the bulb outs taken away, that parking -- you know, sacrificed, substituted. You are
overparked, which is great. Thank you very much. It's not often that we are talking about
taking parking spaces away. So, high marks for that for sure, but that's -- you know, the
way that I look at it -- I mean there is other stuff that's going on here that kind of plays into
this where you have, you know, a larger space for a business opportunity and just north
of this you have multi-story live-work. So, you know, somebody that, you know, they are
making their side hustle their hustle, they are, you know, working -- or living in the multi-
story live-work and now they need to expand. Well, here is some place to do that, so --
and they happen to have a nice library up the road, so -- had to say that for the benefit of
this guy here, so -- anyway, that's the feedback that I have on it. I mean I -- I think that a
-- a connection into the walking path to the common area in the north would be great. I
mean the more connected things are the better I -- I think. I don't think it presents any
kind of issues as far as, you know, anybody having nefarious behavior in there trying to,
you know, do something -- get away or do anything like that. I think it just provides for
better accessibility. Anybody else? Sorry, I rambled on long enough.
Grace: Yeah. Mr. Chairman. Stephanie and I -- I'm just kind of going off of what -- what
Commissioner Seal said and I have two questions and I apologize if you already went
over this and I missed it, but on that north side what -- what's the transition into that park
area? I -- I just wasn't catching that.
Hopkins: Mr. Chair, Commissioner Grace, right now I don't believe we are showing any
walkway along the drive aisle. So, the transition up to the north would be just for folks to
walk along the drive aisle to the -- the pathway that's existing.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F26]
Page 23 of 30
Grave: Okay. But there is not a fence or anything, you could walk to it.
Hopkins: Mr. Chair, Commissioner Grace, I don't believe there is a fence and I don't know
that our client has plans. No, they are -- they are shaking their heads that they don't have
plans.
Grace: Okay. The second question -- I think I know the answer to it, but just to confirm,
that -- the language in the -- in the application about the event center, that was the
previous version of it and that's no longer happening.
Hopkins: That's correct.
Grace: Okay. Thank you.
Grove: Mr. Chair?
Seal: Commissioner Grove, go ahead.
Grove: Just real quick. So, I won't belabor it too much, but just looking at -- I -- I'm not a
fan of the parking on the drive aisle. I think that it has a potential of causing more
problems than it solves. I think having a -- a walking connection, a pedestrian connection,
would help this project in the -- in the future to be able to connect to the larger
development to the north. You know, it's -- that's a large development going on up there
and anything that you could do to, you know, connect the two would -- I would think
probably help you have that -- the feel of it just being an extension of what is available to
the public up there. So, again, we don't have anything to stipulate here, but just kind of
some feedback.
Hopkins: Okay. Thank you.
Yearsley: Mr. Chair?
Seal: Mr. Yearsley, go ahead.
Yearsley: So, I -- I guess I'm a little conflicted, because looking at the building styles that
you are looking -- to me it feels more like a strip mall type facility, but, yet, you are -- you
are trying to market this more of an office type setting, which I think understanding, you
know, what's -- what's on the plan to what's actually being proposed, you know, because
if it's more office style I don't know if the --you know, the open space is going to be utilized
nearly as much versus strip mall style, so -- and I guess that's -- that's where I struggle
with at this point, trying to make a decision on -- on how best to move forward with this,
so --
Hopkins: Mr. -- Mr. Chair, Commissioner Yearsley, I -- I'm looking back at our client as
you are talking and I think that they are planning to pursue more of an office use for the
buildings. That being said, they don't have users in place -- yeah. Maybe -- thank you.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F27
Page 24 of 30
Yearsley: That would be awesome.
Seal: Yeah. Just let us know who you are -- I mean you are -- you are spending money
here, so there has got to be a marketing plan.
Gasser: Trevor Gasser. 74 East 500 South, Suite 200, Bountiful, Utah. 84010.
Appreciate you guys listening to our -- our concept plan here and, really, we are looking
for more of a professional office, you know. Right now we have a dentist going in to the
piece that we parceled off. I see this more as like insurance companies, brokerages, that
type of user. So, yes, I do think it is going to be more professional office. There could be
some retail component in there, but, you know, I think most retail -- or most retailers like
to be right on Linder Road and this is offset a little bit and as far as restaurant use to
parking for our development -- or at least for my development, I want to have as much
parking as I can. I know right now I -- I probably don't have enough for a restaurant I
would say or it would be tight. I'm trying to do four to five stalls per thousand square feet
for office tenants. You know, I know dentists are heavy on the parking spaces and so
that's why I have just tried to provide as much parking as I can. One thing I -- I did want
to -- how do I go back on this? Oh. I wanted to just show you guys what's -- what's just
to the south of here. So, there is an office development right here with parking up in front
of all of these buildings that you -- you -- I mean it's right on the drive aisle. So, that --
that's where I have kind of kept in with that same. There -- there is -- there is just this
office complex and it comes up through here. So, there is no -- no traffic through a
residential neighborhood. It is -- there is not a lot of traffic on this development. There is
also this -- we have also got a -- a curve in the road here that is kind of like a -- a speed,
you know, calmer as well. So, I -- you know, that is my reasoning for putting parking up
there. Plus, also, I -- I feel like, you know, tenants -- they -- they like to have parking on
-- on all sides of the building where -- where these could be individual clients or tenants
and -- and have access -- you know, doors on -- on either side right here and it just gives
them a little more exposure and so, you know, I just felt with what -- what had happened
to the south, there is -- there is no traffic. I would be happy to put, you know, speed limit
signs on there, just to make sure everybody is -- is driving and responsible and -- but that
was my reasoning for that. The other reasoning, you know, just -- if I'm going to take out
all this parking, that's ten stalls -- another ten stalls, another ten stalls. I'm -- I'm taking
out 30 stalls per staff recommendations. I just don't feel like I -- you know, with --with the
park, with all the open space, I would be -- I would be happy to, you know, provide an
access way up to the park. I could -- I could provide two, you know, because parking is
just so important for the development. There is a 25 foot landscape barrier right here
that, you know, we could --we could maybe do some -- some common plaza space within
that, too. I don't know what your thoughts would be. I know we are just kind of bouncing
ideas off, but I -- I would kind of like to hear your ideas before I go to City Council.
Grove: Mr. Chair?
Seal: Commissioner Grove, go ahead.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F28
Page 25 of 30
Grove: I can appreciate not wanting to lose 30 spots. That -- you know, that is a lot,
especially with what you -- you are wanting to do. I would highly recommend, though, at
a minimum looking at those west parking spots. I know, you know, there -- there is
examples of other ones here. I think that the uniqueness of this is a little bit different
though. You are not coming off of a 90 degree to get into that space at the same as you
would where those parcels to the -- to the south that you pointed out. So, that -- it's kind
of a blind spot if you are coming south to north. It -- just trying to help you limit future
problems. I think having -- using some of that more as, you know, a potential pedestrian
connection from what's to the north of you and what's to the south of you, I would much
-- I would much rather see that personally, having a -- a pedestrian, you know, pathway
of sorts versus the -- the parking on that side.
Gasser: Appreciate your comment, Commissioner. We -- we did provide a pedestrian
access way that comes all the way along this side. We were required to have one, you
know, on -- on one of the sides and so that was put in. But, no, I -- we will -- we will go
back and see what we can do there. I just -- parking is such a big deal. But, anyways,
-- I do appreciate you guys taking a look at it and give me your comments. Any other
comments?
Grace: Mr. Chairman, just another -- I don't have a solution for you, but just another
comment. I do know that since that access road has connected there to Plaza Shops
Drive, I think it's a pretty heavily used alternative now for the high school students coming
out of Rocky and going to Winco or doing whatever. So, although it may not be, you
know, as busy now, I -- I think it's progressively getting more busy and just another
consideration for when you go to City Council. Thanks.
Gasser: Sure.
Seal: Yeah. I was going to say, that's a -- a really good point and I do -- my -- my eye
doctor and my chiropractor are just south of this, so --
Gasser: Okay.
Seal: -- I use the -- the -- the buildings in here and I -- and I do appreciate what you are
saying about how that is, but within -- I mean to me that's kind of within a complex and at
the same time what you just said about, you know, how close it is to the high school and
everything, it's not going to take very long before they all figure out, hey, I can get up to
Winco through all this. I actually thought that that was blocked off at the -- at the school,
but seeing that it's not, that's probably going to be happening -- happening in there. So,
you know, again, where it's not designed like the buildings down below are, I -- I think you
would be better off to go ahead and remove that parking on the -- on the west side
personally and keep that drive aisle a little bit more open. As far as more -- you know,
eliminating parking spots for open space, if we knew what was going in there that would
be a much easier decision, so -- you know, I mean if it's going to be a lot of, you know,
kind of restaurant type things, you know, I mean, obviously, you want to have all the
parking you can, but at the same time open areas would help facilitate having customers
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F29
Page 26 of 30
inside and outside of your establishment. So, you know, like I said, I -- I mean the -- as
far as the drive aisle, that's really not something that we are -- that's not in our purview
tonight, but just for the feedback part of it.
Gasser: No. I appreciate that.
Seal: Yeah. I was going to say I think that the -- I think the first provision in there that
you guys are a little bit in disagreement about -- I think that that's a good one and we will
probably more than likely -- I can't speak for my fellow Commissioners and I actually can't
make a motion, which is wonderful, but I think that one will probably stick and the second
one -- you know, we can debate that a little bit more.
Gasser: Sure. I mean ten stalls is better than 30. So -- yeah. No. I appreciate you
giving me your recommendations.
Seal: Okay. And I have got to tell you if Sonya is saying we can eliminate parking, then,
you have done a great job on parking.
Lorcher: Mr. Chair?
Seal: Commissioner Lorcher, go ahead.
Lorcher: So, after all this discussion remind me what are we voting on tonight.
Seal: We are voting on the preliminary and final plat. We are not the -- the DA
modification goes to City Council.
Lorcher: So, the preliminary and final plat is to -- to take out the -- the Chili's and the
event center and change it to these four individual buildings and the last discussion was
just to remove the parking on the common aisle on the west; is that correct? Or am I
missing something?
Seal: You will do a better job at this than I will.
Allen: Chairman, Commissioner, the only application that's before you tonight is the
subdivision -- the proposed combined preliminary and final plat and that -- that is just a
lot line boundary -- property line thing. It's not a site design. The site design and the site
plan is associated with the development agreement modification.
Lorcher: Okay. All right.
Yearsley: Mr. Chair. Just follow up with that, Sonya. So, the site plan modification, is
that as part of the DA of agreement that you are asking for and so at that point our -- our
motion is if we want to keep those 20 spaces would be we recommend to Council -- I
don't -- I'm trying to figure out motion wise what -- you know, what are we -- what are we
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F30
Page 27 of 30
trying to say here? Because we are -- we can't say to leave those spaces, but we can
say we would recommend maybe to leave them. Is that what we are looking for or --
Allen: Chair, Commissioner Yearsley, your motion should be directly related to the
preliminary and final plat. If you choose to provide an unofficial recommendation on the
development agreement modification you can do so.
Yearsley: Okay.
Allen: It's not what's before you tonight.
Yearsley: Okay. That's -- that's what I want to make sure --
Allen: Do you have anything else to add feel free.
Seal: So, yes, I will -- go ahead, Kurt.
Starman: I think that's a good description. Really from the city staff perspective we -- we
probably should have cued this up a little bit differently in terms of how we agendized it.
Really, the discrete item before the Commission side is just the preliminary and final plat
and even that is a recommendation to the City Council, not an action item or not for final
approval tonight. And, then, really, the way the city's ordinance is structured, the
recommendation on the concept plan for the DA comes from the Community
Development director and that is made to the Council and the Council makes that
decision. So, I think Sonya was quite accurate that, really, you have a discrete action
before you, which is a preliminary and final plat. That's a recommendation to the Council.
If you have -- I will use Sonya's description. If you have some informal comments that
you would like to work into a motion relative to the site plan, I don't think there is any harm
in that, but that's not really before you tonight.
Yearsley: Okay.
Seal: So, essentially, we would -- wording such as we would recommend to City Council
keeping provision 8-A-1, striking -- you know --
Yearsley: Yes.
Seal: -- those lines. So --
Yearsley: Or we could just close the public hearing and say we recommend leaving the
-- the -- the two parking spaces and that, you know, Council --- Council -- or staff -- or
Planning and Zoning will actually -- I -- you know, I would imagine express our
recommendations based on just our discussion I would assume, so -- yeah. I don't know
if we need to do it in the motion or not.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F31
Page 28 of 30
Seal: Okay. Real quick is there anybody signed up to give public testimony? I'm
guessing not. Nobody else is in Chambers. So, unless there is anything else to add --
okay. Could I get a motion to close the public hearing for H-2022-0015?
Lorcher: So moved.
Grove: Second.
Seal: It's been moved and seconded to close the public hearing for Item No. H-2022-
0015. All in favor, please, say aye. Any opposed? Okay. Motion passes.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Seal: Anymore discussion?
Yearsley: Mr. Chair, I will just say I -- I hadn't expressed my concerns on this. I -- given
that this is marketed to be more of a professional office type facility, I don't see an issue
with leaving the ten parking spaces in between the two buildings on each side. I do agree
that the west parking probably should be eliminated. However, the one on the -- the lower
west -- the -- the -- the lower section there, it looks like there is quite a bit of room there
that you could potentially back out safely, but -- so -- but I'm -- I'm good either way on that
-- that west side.
Seal: Okay. Anybody else?
Lorcher: Mr. Chair?
Seal: Commissioner Lorcher, go ahead.
Lorcher: I was fine with the parking on the west side until you told me it was all high
school students running through.
Seal: Well --
Lorcher: So, you know, if people -- if people are backing out and -- especially at that
bottom left corner and it is kind of a blind corner and kids are going through for lunch, you
know, or whomever, there could be some potential conflicts there. So, I would be in
support of eliminating the western parking. But that's not really our -- that's just -- that
has nothing really to do with us, so there is my opinion.
Grove: Mr. Chair?
Seal: Go right ahead.
Grove: In terms of what we are recommending approval on, I -- I don't see any issues.
You know, ideally I would love to have seen an event center here, just because we need
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F32
Page 29 of 30
more event space, especially in -- in this, you know, growing area. I know that that's not
always the easiest thing to monetize and -- and can -- can have some unique challenges.
I -- I would love to see that, but in -- in lieu of that being, you know, where the applicant
is going or wanting to go, I -- I see no -- no issues with the preliminary plat and final plat
as presented.
Seal: Okay. Commissioner Grace?
Grace: Mr. Chairman, I would -- 1, too, don't have any issues with the parking between
the buildings. The -- I'm torn on the parking on the west side. I don't feel as strongly
negatively about it, but -- I don't know. Maybe there is something they could do -- make
it employee parking or something. I don't know. But based on what we are -- what is
before us, yeah, I'm -- I'm in favor of it.
Seal: Okay. You have all spoke, so now somebody gets to make a motion.
Yearsley: Mr. Chair?
Seal: Commissioner Yearsley, go ahead.
Yearsley: After considering all staff, applicant, and public testimony, I move to
recommend approval to City Council of File No. H-2022-0015 as presented in the staff
report for the hearing date of May 19th, 2022, with no modifications. However, we would
recommend -- or, you know, we do like the idea of leaving the parking in between the two
buildings.
Seal: Do I have a second?
Grove: Second.
Seal: It's been moved and seconded to approve Item No. H-2022-0015 with no
modifications. All those in favor say aye. Any opposed? Okay. Motion carries. Thank
you very much.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Seal: I will take one more motion.
Grace: Mr. Chairman, I move to adjourn.
Yearsley: Second.
Seal: It has been moved and seconded to adjourn. All those in favor? Opposed? All
right. Motion passes. Thanks, everyone.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F33
Page 30 of 30
MEETING ADJOURNED AT 7:24 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
APPROVED
ANDREW SEAL - CHAIRMAN
Approved 6-2-2022
ATTEST:
CHRIS JOHNSON - CITY CLERK
Item 1. 3
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the April 28, 2022 Planning and Zoning Commission
Meeting
Meridian Planning&Zoning Commission
Item 1. April 28,2022 F69
Page 66 of 66
Grove: All right. It's been moved and seconded. All those in favor say aye. All those
opposed to say nay. The ayes have it.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Grove: Thank you, Brian, for presenting that and good job on all the clean up. The -- the
Eagle Road one, that was a fun one to look through. It -- you say it's not confusing, but
it was. It looks confusing with all the colors. There is a lot of colors going on. So, thank
you for making it better.
Yearsley: Mr. Chair, I recommend we adjourn.
Lorcher: Second.
Grove: Motion and second to adjourn. All those in agreement say aye. All those
opposed? All right. Thanks, everybody.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
MEETING ADJOURNED AT 10:00 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
APPROVED
NICK GROVE - VICE-CHAIRMAN
ATTEST: Approved 5-19-2022
CHRIS JOHNSON - CITY CLERK
Item 2. 70
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the May 5, 2022 Planning and Zoning Commission
Meeting
Meridian Planning&Zoning Commission
Item 2. May 5,2022 F83
Page 13 of 13
Wheeler: There it is. After considering all staff, applicant, and public testimony, I move
to recommend approval of the City Council of File No. H-2022-0024 as presented in the
staff report for the hearing date of May 5th, 2022, with no modifications.
Yearsley: Second.
Seal: It's been moved and seconded to approve Item No. H-2022-0024, Timberline North,
with no modifications. All in favor say aye. Any opposed? Okay. Motion carries. Thank
you.
MOTION CARRIED: SIX AYES. ONE ABSENT.
Seal: All right. Can I get one more motion, please?
Yearsley: Mr. Chair?
Seal: Commissioner Yearsley, go ahead.
Yearsley: I move we adjourn.
Wheeler: Second.
Seal: It's been moved and seconded that we adjourn. All in favor say aye. Any opposed?
Motion carries. Thank you very much.
MEETING ADJOURNED AT 6.39 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
APPROVED
ANDREW SEAL - CHAIRMAN
ATTEST: Approved 5-19-2022
CHRIS JOHNSON - CITY CLERK
E K IDIAN:---
iuAn
Planning and Zoning Presentations and outline
Planning and Zoning Commission May 5, 2022Meeting
Item #2: Ferney Subdivision AZ, PP PLANNED DEVELOPMENTZONING MAP
Preliminary Plat
Landscape Plan
Item #3: Timberline North PFP PLANNED DEVELOPMENTZONING MAP
Approved Preliminary Plat
Preliminary/Final Plat
Changes to Agenda: Item #1 – Amina’s Daycare CUP (H-2022-0012) requires continuance due to a site posting error.
Item #2: Ferney Subdivision (H-2021-0103)
Application(s):
Annexation and Zoning, Preliminary Plat
Size of property, existing zoning, and location: This site consists of 5.1 acres of land, zoned RUT in the County, located near the
half mile mark on the north side of E. Franklin Road, between S. Eagle Road and S. Cloverdale Road.
History: Subject site was denied annexation and zoning approval in 2020 (H-2020-0033) because no development plan accompanied
annexation request but the Applicant withdrew the application before Findings of Denial were approved by the Council.
Comprehensive Plan FLUM Designation: Industrial
Summary of Request: Annexation and Zoning of 5.64 acres with a request for the I-L zoning district and a Preliminary Plat consisting
of two (2) building lots on 4.93 acres of land in the requested I-L zoning district. In addition, the Applicant is seeking a Council Waiver to
reduce a required landscape use buffer per the specific use standards for the proposed use of self-service storage facility (UDC 11-4-3-
34).
The Applicant is proposing to annex the property into the City with the I-L zoning district and propose two different uses on the
property, self-storage and flex space—both of these uses are listed above as anticipated uses in this designation and the proposal for
the I-L zoning district complies with the industrial future land use designation. Both uses are subject to specific use standards.
According to the submitted plans, Staff finds the proposed self-service storage facility complies with all specific use standard except for
the requirement to screen the property and the minimum 25-foot buffer to any residential use. It is unclear on the submitted plans
whether any fencing is proposed. The Applicant should clarify this and provide an exhibit showing the type of fencing/wall proposed to
satisfy this requirement. As noted above, the Applicant is proposing a 15-foot buffer adjacent to the residential use along the east
boundary. Reducing a landscape use buffer requires a City Council waiver and is not eligible for Alternative Compliance, per UDC 11-
5B-5. According to the resident’s child to the east, it is not anticipated for their parents to be in this location long-term and this property
is also shown as industrial on the future land use map. Staff is recommending denser landscaping is proposed along the first 150 feet
of this buffer measured from the back of the required street buffer (185 feet from back of sidewalk). Further, the Applicant is required to
provide a solid fence/wall to satisfy the specific use standards. With Staff’s recommendation, the specific use standards, and the fact
the property to the east is planned to be an industrial zoned property, Staff is supportive of the reduced buffer.
The proposed building lots meet all UDC dimensional standards for the requested I-L zoning district for setbacks, building height, and
proposed use and comply with UDC subdivision standards. Main access to the project is proposed via two driveway connections to the
extension of E. Lanark, an industrial collector street. Lanark is stubbed to the subject property’s west boundary and is required to be
extended into and through the property. Lanark is not able to be extended further than the subject property so the Applicant is required
to terminate Lanark in a temporary cul-de-sac near the east boundary, according to the ACHD staff report. According to the submitted
plat each property is proposed to have one driveway connection to Lanark in alignment with each other located approximately 45 feet
west of the east property line. No other access is proposed for the flex building on the north property. The south property containing the
self-storage use is proposed to have an emergency only-access to Franklin Road; a secondary access is required to satisfy the specific
use standards of the proposed use. Applicant has proposed an alternative temporary turnaround by incorporating the needed space for
a hammerhead type turnaround within the Lanark right-of-way and the driveways proposed to Lanark. This alternative was proposed
after the ACHD staff report was issued so Staff is not aware if ACHD will approve this alternative. The Applicant should continue
working with ACHD on the type of temporary turnaround allowed. The Meridian Deputy Fire Chief have given their approval of the
alternative temporary turnaround shown on the submitted plat with the requirement that Lanark be signed “no parking” on both sides;
the Applicant has agreed to this.
Buffers are required along Franklin and on both sides of the Lanark extension. Plans depict required landscape buffer widths but does
not show correct amount of landscaping within the Franklin buffer. Per UDC 11-3B-7C.3, no more than 65% of the landscape buffer
area shall be comprised of grasses and additional landscape design is required along entryway corridors. Therefore, additional
vegetative ground cover beyond that of grasses and additional landscape features are required to meet UDC standards. For example,
a berm, decorative walls, or a dry creek design are specifically noted within code. Staff has included a condition of approval regarding
this.
Written Testimony: None
Staff Recommendation: Approval
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-
2021-0103, as presented in the staff report for the hearing date of May 5, 2022, 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-
0103, as presented during the hearing on May 5, 2022, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2021-0103 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance)
Item #3: Timberline North Subdivision (H-2022-0024)
Application(s):
Combined Preliminary and Final Plat
Size of property, existing zoning, and location: This site consists of 9.8 acres of land, zoned R-8, located at 655 and 735 W. Victory
Road (south terminus of Stoddard Road, ½ mile west of Meridian Road.
History: Annexed in 2013, platted as Timberline Subdivision in 2017 (H-2017-0140); Final Plat approval in 2020 (H-2020-0008).
Comprehensive Plan FLUM Designation: Medium Density Residential
Summary of Request: The subject property, approximately 9.8 acres, was originally platted in 2017 under Timberline Subdivision (H-
2017-0140) but was annexed in 2013 as part of a City initiated annexation from RUT to the R-8 zoning district (AZ-13-014, DA#
114007668). The approved preliminary plat was to be completed in two phases. Phase 1 consists of 24 single-family residential
building lots and has been recorded and fully constructed with homes, open space, etc. Phase 2 received final plat approval for 33
single-family residential building lots and 4 common lots in March 2020 and was set to expire on May 1, 2021. Due to unfortunate
timing and circumstances, the Timberline No. 2 final plat did not receive City Engineer signature by the deadline and no time extension
was submitted in accord with UDC standards. Therefore, the phase 2 final plat expired which subsequently made the original
preliminary plat approved in 2017 expire. The Applicant is required to re-plat the phase 2 area in order record phase 2 of the final plat.
Currently phase 2 of the development is constructed per the previous approval including the open space, fencing, utilities, sidewalks,
and public roads. Because all of the subdivision improvements are constructed, the Applicant has submitted the previously approved
final plat documents from the previous application and an Alternative Compliance (ALT) application to allow the existing open space
approved with the original submittal to remain as is without requiring the plat to comply with the current open space and amenity
standards. Due to the unique circumstances behind the expiration of the plat and the fact that the improvements are all done, staff
believes additional open space and amenities are not necessary.
Written Testimony: Justin Bell, nearby resident – not supportive of change from R-4 to R-8 due to additional traffic (not part of this
application, property is already R-8).
Staff Recommendation: Approval – Staff finds the proposed combined preliminary/final plat meets all UDC dimensional standards and
is consistent with the Comprehensive Plan as previously approved.
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-
2022-0024, as presented in the staff report for the hearing date of May 5, 2022, 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-2022-
0024, as presented during the hearing on May 5, 2022, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2022-0024 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance)
Item 3. 84
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Public Hearing Continued from May 5, 2022 for Amina's Daycare (fka
Mulonge Daycare) (H-2022-0012) by Godelieve Mulonge, Located at 4175 S. Leaning Tower Ave.
A. Request: A Conditional Use Permit for a group daycare of up to 12 children on 0.145 acres of
land in the R-8 zoning district.
Item 3. F85
(:�N-WE IDIAN:--
IDAHO
PUBLIC HEARING INFORMATION
Staff Contact:Alan Tiefenbach Meeting Date: May 5, 2022
Topic: Public Hearing Continued from April 7, 2022 for Amina's Daycare (fka Mulonge
Daycare) (H-2022-0012) by Godelieve Mulonge, Located at 4175 S. Leaning Tower
Ave.
A. Request: A Conditional Use Permit for a group daycare of up to 12 children on
0.145 acres of land in the R-8 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: May 19, 2022 ITEM # ON AGENDA: 3
PROJECT NAME: Amina's Daycare (fka Mulonge Daycare) (H-2022-0012)
Your Full Name Your Full Address Representing I wish to testify
(Please Print) HOA? (mark X if yes) {
If yes, please
provide HOA name
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Item 3. ■
STAFF REPORTC�WE IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 4/7/2022 legend
DATE: Jt2 � fl
TO: Planning&Zoning Commission , LU
FROM: Alan Tiefenbach,Associate Planner
208-884-5533 w; M
SUBJECT: H-2022-0012
Amina's Daycare w
LOCATION: 4175 S. Leaning Tower Ave.
I. PROJECT DESCRIPTION
Conditional use permit to operate a group daycare for up to 12 children on 0.14 acre of land in the R-
8 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.14 acres
Future Land Use Designation Medium Density Residential
Existing Land Use(s) SFR home
Proposed Land Use(s) SFR home with group daycare
Neighborhood meeting date;#of January 20,2022,no attendees
attendees:
History(previous approvals) AUP A-2020-0064 to allow for family daycare of up to 6
children
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 One access from S.Leaning Tower Ave.via. S.Locust
Hwy/Local)(Existing and Proposed) Grove Rd.
Page 1
Item 3. 87
C. Project Area Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant/Owner:
Godelieve Mulonge—4175 S. Leaning Tower Ave, ID 83642
B. Representative:
Same as Applicant/Owner
Page 2
Item 3. F88
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper notification
published 03/22/22
Radius notification mailed to
property owners within 300 feet 03/21/22
Public hearing notice sign posted
3/28/2022
on site
Nextdoor posting 3/21/2022
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https:llwww.meridianciu.or /g compplan)
MDR(Medium Density Residential)—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre.
B. Comprehensive Plan Policies(https:llwww.meridianciU.or /g comQplan):
• "Plan for and encourage services like health care, daycare,grocery stores and recreational
areas to be built within walking distance of residential dwellings."(2.01.01 C)
The existing and proposed daycare expansion is within walking distance of adjacent
residential homes.
C. Existing Structures/Site Improvements:
There is an existing home and associated improvements on this property.
D. Proposed Use Analysis:
The applicant is presently operating under an approved accessory use permit to run a family
daycare(6 or less children,AUP 2020-0064).A group daycare(7-12 children)is listed in UDC
Table 11-2A-2 as a conditional use in the R-8 zoning district.The applicant states the daycare
will operate from 6:30 AM to 7 PM on weekdays with outdoor playtime limited to one hour after
9AM and one hour after 1 PM.
E. Specific Use Standards(UDC 11-4-3):
The specific use standards listed in UDC 11-4-3-9,Daycare Facility, applicable to the proposed
use are as follows:
A. General standards for all child daycare and adult care uses, including the classifications of
daycare center; daycare,family; and daycare,group:
1. In determining the type of daycare facility,the total number of children at the facility at
one time, including the operator's children, is the determining factor.
The Applicant's narrative states the plan is to have up to 12 children. The applicant is
already operating a family daycare(6 children or less, which is allowed as an accessory
use in the R-8 zoning district), but wants to expand the use to allow up to 12 children.
2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe
discharge and pick up of clients.
Page 3
Item 3. ■
The applicant states they presently provide and will continue to provide the
transportation for the children. However, the subject house does have a parking pad
which is approximately 30 feet wide which could provide an additional parking space for
pick up or drop off. Parking spaces are also available along the curb in front of the
house if needed.
Staff has received several letters from adjacent property owners stating there has been
parking, traffic and safety issues from the existing daycare. Staff visited the site in the
afternoon on a weekday. At that time, staff only observed two cars in front of the house
and no other cars parked on the public street. Pictures have been included as part of the
exhibit.
3. The decision-making body shall specify the maximum number of allowable clients and
hours of operation as conditions of approval.
The Applicant proposes an in-home group daycare for up to 12 children. The applicant
proposes to operate between 6:30 AM to 7PM.
4. The applicant or owner shall provide proof of criminal background checks and fire
inspection certificates as required by title 39, chapter 11,Idaho Code. Said proof shall be
provided prior to issuance of certificate of occupancy. The applicant or owner shall
comply with all State of Idaho and Department of Health and Welfare requirements for
daycare facilities.
This has been listed as a condition of approval.
5. hi residential districts or uses adjoining an adjacent residence,the hours of operation shall
be between six o'clock(6:00)A.M. and eleven o'clock(11:00)P.M. This standard may be
modified through approval of a conditional use permit.
As mentioned above, the Applicant presently operates the family daycare between 6:30
AM and 7:00 PM on weekdays and this is not proposed to change.
6. All outdoor play areas shall be completely enclosed by minimum six foot(6)non-
scalable fences to secure against exit/entry by small children and to screen abutting
properties.
The outdoor play area will be in the backyard, which is surrounded by a 6 ft. tall fence.
7. Outdoor play equipment over six feet(6)high shall not be located in a front yard or
within any required yard.
All outdoor play activities will occur in a fenced backyard.
8. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk.
As mentioned, the daycare will operate from 6:30 AM to 7:00 PM. Outdoor play will
occur one hour after 9"and one hour after IPM.
F. Dimensional Standards(UDC 11-2):
Not Applicable
G. Access(UDC 11-3A-3, 11-3H-4):
Access is provided from S. Leaning Tower Ave.via S. Locust Grove Rd.According to the
applicant,they generally pick up and deliver the children,although occasionally it would be the
individual parent or guardian doing this. According to letters provided by residents,there are
Page 4
Item 3. 90
ongoing traffic,parking and safety issues associated with the daycare.As mentioned above, staff
did not observe these issues during a site visit.
H. Parking(UDC 11-3C):
Parking exists on the site in accord with the standards listed in UDC Table 11-3C-6 for a 4-
bedroom single-family dwelling.A total of three(3) garage spaces and a 30 ft. x 20 ft.parking
pad exist which exceeds UDC standards. On-street parking is also available(see exhibit in
Section VILA). As mentioned above, citizens have commented there are ongoing parking issues
associated with the existing daycare.
1. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
A photo of the existing home on this property is included in Section VIII.C;no additions are
proposed with this application.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section
VIII per the Findings in Section IX.
Page 5
Item 3. Fq-1
VII. EXHIBITS
A. Site Plan(dated: 2/18/2022)
Ada County Assessor '{
10.9'
Main Level
1185.6 sf Second Floor
1551 .2 sf
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Garage
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2.4 sf
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22.2 . 4; Porch
15.8 sf
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R6117160340
Page 6
Item 3. F92
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Page 7
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B. Existing Residence Pictures
NOW
IL
Page e
Item 3. F94
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-9 Daycare
Facilities,including but not limited to the following:
a. All outdoor play areas shall be completely enclosed by minimum six foot(6')non-
scalable fences to secure against exit/entry by small children and to screen abutting
properties.
b. Outdoor play equipment over six feet(6')high shall not be located in a front yard or
within any required yard.
c. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk.
2. The maximum number of allowable clients at the facility at one time shall be limited to
twelve(12).
3. The daycare/pre-school shall not operate beyond the hours of 6:30 AM to 7:00 PM on
weekdays.
4. The applicant or owner shall provide proof of criminal background checks and fire
inspection certificates as required by title 39, chapter 11,Idaho Code prior to issuance of
Certificate of Occupancy. The applicant or owner shall comply with all State of Idaho and
Department of Health and Welfare requirements for daycare facilities.
B. Ada County Highway District(ACHD)
https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=254157&dbid=0&repo=MeridianC
C. NMID
https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=255745&dbid=0&repo=MeridianC
hty
IX. FINDINGS
A. Conditional Use Permit
The Commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
Staff finds the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the R-8 zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
Staff ,finds the proposed in-home group daycare will be harmonious with the Comprehensive Plan
in that it will provide a much-needed service for area residents within walking distance of homes
within the neighborhood.
Page 9
Item 3. 95
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.
This is a small in-home day-care in which the single-family home is the primary residence of the
applicant. Staff finds the operation of the proposed in-home daycare should be compatible with
the residential uses in the neighborhood and the existing and intended character of the
neighborhood and not adversely affect such.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
If the proposed in-home daycare complies with the condition of approval in Section VII as
required, Staff finds the proposed use should not adversely affect other properties in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways, streets, schools,parks,police and fire protection,drainage structures,refuse disposal,
water, and sewer.
Because the site is within the City's Area of City Impact boundary and has been annexed into the
City and these services are already being provided to the existing home, Staff finds the public
facilities mentioned will be provided to the proposed use as well.
6. That the proposed use will not create excessive additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
Staff finds the proposed use should not create any additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
The present operation picks up and delivers children, and this will remain the same. There could
be occasional onsite pick up/drop off, but there is sufficient parking and staff finds it would not
be detrimental to the general welfare.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Staff is unaware of any natural, scenic or historic features in this area; however,finds the
proposed use should not result in damage of any such features.
Page 10
Item 4. 96
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Public Hearing for Black Rock Coffee (H-2022-0019) by Tamara Thompson of
The Land Group, Inc., Located at 3300 S. Eagle Rd.
A. Request: A Conditional Use Permit to allow a drive-through establishment within 300 feet of
existing residential.
Item 4. F97
(:�N-WE IDIAN
IDAHO
PUBLIC HEARING INFORMATION
Staff Contact:Alan Tiefenbach Meeting Date: May 19, 2022
Topic: Public Hearing for Black Rock Coffee (H-2022-0019) by Tamara Thompson of The
Land Group, Inc., Located at 3300 S. Eagle Rd.
A. Request: A Conditional Use Permit to allow a drive-through establishment
within 300 feet of existing residential.
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: May 19, 2022 ITEM # ON AGENDA: 4
PROJECT NAME: Black Rock Coffee (H-2022-0019)
Your Full Name Your Full Address Representing I wish to testify
(Please Print) HOA? (mark X if yes)
If yes, please
provide HOA name
1
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Item 4. ■
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/19/2022 Legend
DATE:
��PFaject Lflca ian
TO: Planning&Zoning CommissionLf
FROM: Alan Tiefenbach,Associate Planner
208-884-5533 ----EIL '-1IIC r --- EYICTORI�--RD -
E Ff E
SUBJECT: H-2022-0019
Black Rock Coffee CUP
� yi
LOCATION: 3300 S. Eagle Rd LL
At the southeast corner of S. Eagle Rd
and E.Victory Rd.
�t ru -k ---- --
I. PROJECT DESCRIPTION
This is a request for a Conditional Use Permit to allow a drive through establishment within 300 feet
of an existing residence and another drive through facility on 0.84 acres in the C-C zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.84 acres
Future Land Use Designation Mixed Use Community
Existing Land Use(s) Vacant
Proposed Land Use(s) Drive through establishment(coffee shop)
Lots(#and type;bldg./common) 1
Phasing Plan(#of phases) 1
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 1/26/22—4 in attendance
attendees:
History(previous approvals) AZ-008-007,PP-08-006,ALT-08-012,H-2016-0029
Page 1
Item 4. F99
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) No
• Requires ACHD Commission No
Action es/no
• Traffic Impact Stud es/no No
Access(Arterial/Collectors/State S.Eagle Rd and E.Victory Rd
Hwy/Local)(Existing and Proposed)
Stub Street/Interconnectivity/Cross Cross access is provided with the remainder of the Shops at
Access Victory Center to the north
Existing Road Network S.Eagle Rd and E.Victory Rd
Existing Arterial Sidewalks/ There are existing 5 ft sidewalks and 25 ft.wide buffers
Buffers along S.Eagle Rd and E.Victory Rd.
Proposed Road Improvements None
Fire Service
• No comments
Police Service
• No comments
Wastewater
• Flow is committed
• Site is subject to a reimbursement agreement with the City for water and sewer that was
installed.
Water
• Site is subject to a reimbursement agreement with the City for water and sewer that was
installed.
C. Project Area Maps
Future Land Use Map Aerial Map
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Page 2
Item 4. ■
Zoning Map Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant/Representative:
Tamara Thompson,the Land Group—462 E. Shore Dr, Ste 110, Eagle, ID 83616
B. Owner:
Ken Lenz,WL Victory Crossing,LLC—PO Box 1277,Boise,ID 83701
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Notification published in
newspaper 5/3/2022
Notification mailed to property
owners within 500' 4/27/2022
Applicant posted public hearing
notice sign on site 5/9/2022
Nextdoor posting 4/27/2022
V. STAFF ANALYSIS
This is a proposal for a conditional use to allow a drive through coffee shop within 300 feet of an
existing residence and within 300 feet of another drive through establishment.
The property is 0.84 acres in area,is zoned C-C and is one of the three commercial lots comprising
the Shops at Victory Development which was annexed in 2008 (AZ-008-007,PP-08-006,DA instr.
111032845). The Development Agreement allows all uses allowed in the C-C zoning district,with
hours of operation limited to 6am to 1 Opm.A conditional use permit was also approved with the
annexation to allow a Rite-Aid with a drive through establishment within 300 feet of a residential
zone district on Lot 2 (northernmost lot adjacent to the S. Eagle Rd/E.Victory Rd intersection).
Page 3
Item 4. 1o1 1
Alternative Compliance was approved as part of the annexation to allow a residential buffer with
widths as little as 10 feet where 25 feet is required along the south and eastern property line,with a
condition that a 6 ft tall verti-crete wall be constructed within the reduced buffer. The final plat for
this property was completed in 2016 after four time-extensions were approved(H-2016-0029). The
CZC for the Rite Aid was approved in 2015 (A-2015-0061)with construction occurring in 2016.
The present proposal is to allow a 1,975 sq. ft. drive through coffee shop on Lot 1 (southernmost lot).
Because the proposed drive-through is within 300 feet of both the existing Rite Aid drive through
establishment and an existing residence,a conditional use permit is required per UDC 11-4-3-11.
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
This site is designated as "Mixed Use -Community" on the Comprehensive Plan Future Land Use
Map. The purpose of this designation is to allocate areas where community-serving uses and
dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of
uses,including residential, and to avoid mainly single-use and strip commercial type buildings.
Non-residential buildings in these areas tend to be larger than in Mixed Use Neighborhood(MU-
N) areas,but not as large as in Mixed Use Regional(MU-R) areas. Goods and services in these
areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to (up
to three or four miles).
During the annexation of the Shops at Victory development it was determined the C-C zoning
and the types of uses allowed would generally conform to this designation. The property is within
a small-scale commercial center which presently includes a Rite Aid and one additional
commercial lot, adjacent to existing residential on two sides, and across the street(south) of the
Inglewood Place Senior Housing Development and another drive through coffee shop(Inglewood
Coffee Shop Drive through, CUP H-2021-0073). A drive-through coffee shop and restaurant is a
use determined to be appropriate in this zone district as well as the existing Development
Agreement, subject to the specific use standards listed in UDC 11-4-3-11 and restaurant specific
use standards in UDC 11-4-3-49.
B. Comprehensive Plan Policies(https:llwww.meridiancity.or /g compplan):
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 infill development. (3.03.01E)
The Comprehensive Plan defines infill as "development on vacant parcels, or redevelopment
of existing parcels to a higher and better use that is surrounded by developed property within
the City of Meridian." The subject property is a vacant lot in an existing commercial center
which allows this use, surrounded by existing development on all sides. The property has
available water and sewer. This project would be considered infill development.
• Preserve private property rights and values by enforcing regulations that will prevent and
mitigate against incompatible and detrimental neighboring uses. (3.05.01C)
The conditional use is a process to ensure any impacts associated with a particular use are
mitigated. Restaurants and drive-through establishments are principally permitted uses in the
C-C zone district.
The applicant has proposed outdoor speakers located at the east portion of the site,
approximately 200 feet from the existing residence at 3300 E. Falcon Dr. Staff did initially
express concerns about this placement and requested the applicant submit information
Page 4
Item 4. ■
regarding the decibel level that is anticipated from the property line. The applicant submitted
information that indicated decibel level would be approximately 36 decibels at 16 feet from
the speaker, whereas the speaker is approximately 50 ft.from the property line.
The property owner in the adjacent residence to the east submitted a letter in support stating
the applicant had been very receptive to all their requests with the initial development, they
had installed a verti-crete fence along their property line that was higher quality than would
have been required, ensured lighting impacts were mitigated and expressed their faith that
the applicant's choice of location was acceptable.
• Require appropriate building design,and landscaping elements to buffer, screen,beautify,
and integrate commercial,multifamily, and parking lots into existing neighborhoods.
(5.01.02D)
A landscape plan has been submitted with this application that appears to meet the
requirements of UDC 11-3B. Building design and landscaping will be reviewed as part of the
Certificate of Zoning Compliance (CZQ and administrative design review that would follow
this proposal if it were approved.
C. Existing Structures/Site Improvements:
The site is presently vacant. There is an existing Rite Aid on Lot 2 to the north.
D. Proposed Use Analysis:
The proposed use is a drive through coffee kiosk(restaurant)with the hours limited to 6AM to
1 OPM by the development agreement. This use is allowed by right within the C-C zone district
subject to the specific use standards listed in UDC 11-4-3-11 and UDC 11-4-3-49. Because the
drive through is within 300 feet of another drive through(Rite Aid) and an existing residential
use,conditional use permit approval as required.
E. Specific Use Standards(UDC 11-4-3):
A"Drive-Through Establishment"is subject to specific use standards as outlined in UDC 11-4-3-
11 as follows:
1. All establishments providing drive-through service shall identify the stacking lane,menu and
speaker location(if applicable), and window location on the certificate of zoning compliance
or the conditional use permit.
The concept site plan submitted with this application identifies the location of the stacking
lane, and window location.
2. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and
circulation on the site and between adjacent properties.At a minimum the plan shall
demonstrate compliance with the following standards:
a. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive
aisles, and the public right-of-way by patrons.
The concept plan shows the stacking lane is a separate lane from the drive aisles and
parking which provides access to the rest of the development.If there was additional or
excessive overflow from the drive through lane which does sometimes occur from drive-
through establishments at peak times, it would stack into the parking lot to the west, not
into S. Eagle. Rd.
Page 5
Item 4. ■
b. The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking, except stacking lanes may provide access to designated employee parking.
The stacking lane is a separate lane from the circulation lanes at the west needed for
access and parking.
c. The stacking lane shall not be located within ten(10) feet of any residential district or
existing residence.
The stacking lane is approximately 20 ft.from the nearest residential district and more
than 150 ft.from the closest residence.
d. Any stacking lane greater than one hundred 100 feet in length shall provide for an escape
lane.
The stacking lane provides an escape lane which parallels the stacking land and allows
an exit into the drive aisles for the Rite Aid to the north.
e. The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The drive-through window is oriented to the north, which allows visibility from S. Eagle
Rd.
f. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or
window location adjoins a residential district or an existing residence.
There is already a 6 ft. high verti-crete fence installed at the east of the stacking lane
where the existing residence is located.
The drive through establishment is also considered a restaurant. Per the specific use standards in
UDC 11-4-3-49, a restaurant is required to provide a minimum of one(1)parking space for every
two hundred fifty(250) square feet of gross floor area.As discussed below, adequate parking has
been provided.
F. Dimensional Standards(UDC 11-2):
Dimensional standards in the Community Business District(C-C) include a 25' landscape buffer
adjacent to arterial roads, 10' buffer adjacent to local roads and a maximum building height of
50'. There are no front, side or rear setbacks in this zone district. The proposed drive through
facility meets these dimensional standards and the landscape buffers are already existing. Because
this use is directly adjacent to residential uses, a 25 ft wide residential buffer is required.As
mentioned above, alternative compliance was approved for lesser residential buffer with the
annexation.
G. Access(UDC 11-3A-3):
The Shops at Victory development was approved with two access points from Eagle
Road and two access points from Victory Road. Each road has one right-in-right-out access and
one full access.All accesses and associated road improvements have already been constructed,
with two remaining vacant pad sites primed for development.
Access to this development will occur from S. Eagle Rd into an existing parking lot and drive
aisle and run along a one-way drive-aisle in a counter-clockwise direction. Cars will enter the site
and will either park in a lot or continue along a"u-shaped" 10' wide drive aisle to the coffee
kiosk and exit back to the same parking lot/drive aisle. There is also an escape lane paralleling
Page 6
Item 4. F104
the stacking lane for cars that have already entered the drive-though aisle. It does appear the drive
aisle between the parking and the stacking lane is at least 25 ft. in width as required per UDC 11-
3C-5,but this width is not dimensioned on the plans. Staff has added this as a recommended
condition of approval.
H. Parking(UDC 11-3C):
The subject property is within the C-C Zone District.UDC 11-3C-6 requires one off-street
vehicle parking space for every 500 square feet of gross floor area in commercial districts. The
total building square footage which was depicted on the concept plan with the Shops at Victory
annexation was 29,910. Based on this amount, 60 parking stalls would be required. 133 parking
stalls have already been constructed,which significantly exceeded the parking requirements.
A drive through coffee establishment is considered a restaurant. Per the specific use standards for
a restaurant per UDC 11-4-3-49,parking is based on one(1)parking space per 250 square feet of
gross floor area.With a square footage of approximately 1,975 sq. ft. for the kiosk, eight parking
spaces are required for this use. The site plan indicates 17 parking spaces on the subject property
directly adjacent to the coffee kiosk as well as 2 bicycle spaces.
I. Sidewalks(UDC 11-3A-17):
8 ft. wide attached sidewalks exist along S. Eagle Rd and E.Victory Rd. There is an additional 8
ft. wide pedestrian walkway from the S. Eagle Rd sidewalk stubbing to the subject pad. The site
plan and landscape plan show the coffee establishment connecting to this walkway. However,the
pedestrian walkway shows striping where it crosses the stacking lane. Per the structure and site
design standards of 11-3A-19, all internal pedestrian walkways shall be distinguished from the
vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks.
J. Landscaping(UDC 11-3B):
Landscape buffers and a residential buffer were installed with the Shops at Victory Final Plat.
This subject development proposes additional parking lot islands and drive aisle landscaping that
exceeds the requirements of UDC 11-3B-8.
K. Fencing(UDC 11-3A-6, 11-3A-7):
There is an existing 6 ft high verti-crete wall installed along the south and west property line. This
was required as a condition of approval with the Shops at Victory development to allow
alternative compliance from the required 25 ft.residential buffer width to allow portions of the
buffer to be reduced to as little as 10 ft. in width.
L. Utilities (UDC 11-3A-21):
All utilities for the proposed development are already in place.No additional services are needed.
M. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The applicant submitted conceptual elevations with this conditional use application. The
elevations show architecture similar to most of the kiosks in this franchise,with materials
consisting of brick,prefinished and corrugated metal and several types of stone veneer.
Overall,the proposed architecture is good quality,but additional treatment may be required to
completely comply with the Architectural Standards Manual, such as at least two field materials
(neither of which should not be metal paneling). Proposed elevations will be reviewed in detail at
the time of Certificate of Zoning Compliance(CZC)and Design Review(DES) submittal.
Page 7
Item 4. Fo5l
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.
VII. EXHIBITS
A. Site Plan(date: 5/9/2022)
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Item 4. 106
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Item 4. ■
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Page 10
Item 4. ■
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. 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 building permit
applications. The applicant will either meet all architectural requirements of the Architectural
Standards Manual(ASM)or apply for a design exception as part of the CZC submittal.
2. The Applicant shall have a maximum of two (2)years to commence the use as permitted in
accord with the conditions of approval listed above. If the use has not begun within two (2)years
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.
3. Hours of operation are limited from 6AM to 1 OPM per the recorded development agreement
unless otherwise modified.
4. All drive aisles shall meet the requirements of UDC 11-3C-5.
5. The site plan prepared by the Land Group, dated May 9, 2022, is approved as submitted.
6. The landscape plan prepared by the Land Group,dated May 9, 2022, is approved as submitted.
7. The architectural elevations prepared by HFA Associates LTD, dated March 03,2022, are
generally approved as submitted but additional revisions may be necessary at time of CZC as
described in Section V.M.
8. Parking requirements associated with the drive through coffee kiosk shall comply with the
commercial parking standards; 1 per 250 square feet of gross floor area.
9. Per the site-specific standards of UDC 11-3A-19-B, all internal pedestrian walkways shall be
distinguished from the vehicular driving surfaces through the use of pavers, colored or scored
concrete, or bricks.
10. The Applicant shall comply with all bulk,use, and development standards of the applicable
district listed in UDC Chapter 2 District regulations.
11. The Applicant shall comply with the outdoor service and equipment area standards as set forth in
UDC 11-3A-12.
12. The Applicant shall comply with the structure and site design standards as set forth in UDC 11-
3A-19 and the Architectural Standards Manual.
13. The applicant shall comply with standards and installation for landscaping as set forth in UDC
11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13.
14. The applicant shall comply with the specific use standards for a drive through establishment and a
restaurant as set forth in UDC 11-4-3-11 and 11-4-3-49.
15. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site(AZ 08-007,PP-08-006,ALT-08-012,DA Instr. #111032845,
FP 2016-0029).
B. Public Works
1. This site is subject to a reimbursement agreement with the city for the water and sewer mains that
were previously installed.
Page 11
Item 4. ■
C. Boise Project Board of Control
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=257268&dbid=0&repo=MeridianC
fty
D. NMID
https:llweblink.meridiancily.oL-glWebLinkIDocView.aspx?id=258432&dbid=0&repo=MeridianC
i &cr=1
VIII. 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 C-C zoning district. The site
already contains landscape buffers,parking is adequate, and the parking area will be landscaped
as required by UDC 11-3B-8. 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 drive through coffee kiosk will be harmonious with the Comprehensive
Plan per the analysis in Section V of this staff 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.
The subject site is within a commercially zoned area. Directly north of the property is a Rite Aid,
across E. Victory Rd to the north is another drive through coffee establishment, a daycare and
senior housing complex is planned, and there are residential uses across S. Eagle Rd. to the west.
Although there is an existing single family residential directly adjacent to the property at the
south and east, the applicant worked with this property owner during the initial development of
the Shops at Victory development, installed a verti-crete fence to mitigate impacts, and the owner
of the residential property has written a letter in support of this project. There already existing
landscape buffers along S. Eagle Rd., E. Victory Rd, there is a (reduced)residential buffer to the
south and east, and internal parking lot landscaping meets the requirements of UDC 11-3B.
Architecture will be required to meet the Architectural Design Manual(ASM)at time of
Certificate of Zoning Compliance (CZC).
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
As discussed above, the proposed use 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.
Page 12
Item 4. ■
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.
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.
This proposal is for a drive through establishment that will operate between 6AM and IOPM in
an area zoned for commercial uses, at a minimum of 200 feet from the nearest residence, on a
high intensity commercial arterial intersection within an approved commercial development. The
proposed facility is appropriate in this location.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Staff is unaware of any natural, scenic, or historic features on this site; thus, Staff finds the
proposed use should not result in damage of any such features.
Page 13
Item 5. 111
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Public Hearing for Peak at Sawtooth Village (H-2022-0026) by JGT
Architecture, Located at 4752 N. Linder Rd.
A. Request: A Conditional Use Permit for a drive-through establishment within 300 feet of
another drive-through facility, a residential district and existing residences.
Item 5. 112
(:�WE IDIAN:---
IDAHO
PUBLIC HEARING INFORMATION
Staff Contact: Sonya Allen Meeting Date: May 19, 2022
Topic: Peak at Sawtooth Village H-2022-0026
Request:
Conditional Use Permit for a drive-through establishment within 300 feet of another drive-
through facility, a residential district and existing residences.
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: May 19, 2022 ITEM # ON AGENDA: 5
PROJECT NAME: Peak at Sawtooth Village (H-2022-0026)
Your Full Name Your Full Address Representing I wish to testify
(Please Print)
HOA? (mark X if yes)
If yes, please
provide HOA name
1 j
2
3
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5
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9
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14
Item 5. ■
C�, EI
IDIAN�--
STAFF REPORT .►a H o
COMMUNITY DEVELOPMENT DEPARTMENT
f /
HEARING 5/19/2022
DATE: Legend
-----�
I�Project Lorca i�ar
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner
208-884-553371
°
SUBJECT: H-2022-0026 li�4Cli+VIL °�
Peak at Sawtooth Village—CUP --
LOCATION: Generally located at the southeast corner
of N. Linder Rd. and W. McMillan Rd. at _
4752 N. Linder Rd. (Lot 26,Block 1, J
McLinder Subdivision No. 2), in the NW '-Lo
1/4 of Section 36,T.4N., R.1W. 4v
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive-
through facility, a residential district and existing residences on 0.93-acre of land in the C-N zoning
district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.93-acre
Future Land Use Designation Mixed Use—Neighborhood(MU-N)
Existing Land Use Vacant/undeveloped land IF
Proposed Land Use(s) Restaurant with a drive-through
Current Zoning Neighborhood Business District(C-N)
Physical Features(waterways, The Lemp Canal runs along the northern boundary of this
hazards,flood plain,hillside) site.
Neighborhood meeting date;#of 4/11/22
attendees:
History(previous approvals) AZ-13-010;PP-13-022;CUP-13-010(McLinder
Sub./Sawtooth Village—Development Agreement Inst.
#1140203 72);FP-15-001
Page 1
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Item 5. F115
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification 5/3/2022
Radius notification mailed to 4/27/2022
properties within 300 feet
Site Posting Date 5/9/2022
Next Door posting 4/27/2022
V. STAFF ANALYSIS
The Applicant proposes to construct a 4,846 square foot(s.f.)building with three(3)tenant spaces
and a drive-through on the westerly 2,200 s.f,tenant space for a restaurant on a 0.93-acre property in
the C-N zoning district. The proposed tenant intends for the drive-through to be more of a pick-up
location where customers would order ahead through a mobile app rather than ordering from a
speaker or window;no speaker or menu board is proposed at this time.
A restaurant is listed as a principal permitted use in the C-N zoning district per UDC Table I1-2B-2,
subject to the specific use standards listed in UDC 11-4-3-49. A drive-through requires approval of a
conditional use permit when it's within 300-feet of another drive-through facility, an existing
residence or a residential district per 11-4-3-11A.1. In this case,all three apply; a drive-through exists
on the adjacent property to the south and residential uses exist kitty corner to this site to the southeast
in the R-15 zoning district.
The proposed use and development plan is in substantial conformance with the provisions in the
existing Development Agreement(Inst. Al14020372).
Specific Use Standards:
Drive-Through Establishment: The proposed drive-through establishment is subject to the
specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment.All establishments
providing drive-through service are required to identify the stacking lane,menu and speaker
location(if applicable),and window location on the site plan. The site plan is also required to
demonstrate 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: Staffs analysis is in italics.
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles
and the public right-of-way by patrons;
The stacking lane will accommodate approximately five(S) vehicles, which the Applicant
believes will be sufficient for their use/business model. Staff is concerned if the stacking lane
backs up,the drive-aisle on the north side of the building may obstruct vehicles trying to enter
or exit the parking spaces in that area.Also, while the proposed stacking lane may
Page 3
Item 5. 116
accommodate the proposed user, it may not be able to accommodate future users that may be
more intense without obstructing the drive aisle and parking on the north side of the building.
2)The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking, except stacking lanes may provide access to designated employee parking.
The stacking lane is a separate lane from the circulation lanes needed for access and parking on
the west side of the building; however, if stacking backs up around the north side of the building
it could obstruct parking in that area.
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 and an escape lane is proposed.
5)The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The drive-through is visible from N. Linder Rd. and W. McMillan Rd.,public streets along the
west and north boundaries of the site,for surveillance purposes.
Based on the above analysis, Staff deems the proposed drive-through in general compliance
with the specific use standards as required.If the Commission doesn't feel there is adequate
stacking area to accommodate vehicles in the drive-through without obstructing the drive
aisle needed for circulation and parking on the north side of the building, revisions may be
required to the site design.
Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-
49 Restaurant,which requires at a minimum, one(1)parking space to be provided for every 250
square feet of gross floor area.
Hours of Operation: The hours of operation are restricted to 6:00 am to 10:00 pm in the C-N zoning
district per UDC 11-2B-3B.
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3 for the C-N zoning district.
Access: Access is proposed via internal drive aisles in McLinder Subdivision from existing off-site
accesses on Linder and McMillan Roads. Direct lot access via N. Linder Rd. and W. McMillan Rd. is
not proposed and is prohibited.
Parking: As noted above,UDC 11-4-3-49 includes specific parking standards for restaurants of
which the site plan demonstrates compliance. A minimum of 19 off-street parking spaces would be
required if the entire structure were to be used as a restaurant; a total of 33 spaces are proposed,
which exceeds the minimum standard.
A minimum of 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. A bicycle rack is proposed on the north side of the
building which can accommodate two (2)bicycles and complies with these standards.
Pedestrian Walkways: Where pathways cross vehicular driving surfaces,they're required to be
distinguished from the vehicular driving surface through the use of pavers,colored or scored
concrete,or bricks as set forth in UDC 11-3A-19B.4.The site/landscape plan submitted with the
Page 4
Item 5. F117
Certificate of Zoning Compliance application should reflect compliance with this standard—the
proposed striping of the crosswalk is not allowed and should be revised to comply with this
standard.
Landscaping: Street buffer landscaping was installed within the street buffers along N. Linder Rd.
and W.McMillan Rd.with the subdivision improvements.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-
8C. The plan reflects compliance with these standards.
Sidewalks: Sidewalks exist along N. Linder Rd. and W. McMillan Rd. on this site.An attached
sidewalk exists along Linder and a detached sidewalk exists along McMillan. The UDC requires
detached sidewalks to be constructed along all arterial streets; however,because the sidewalk along
Linder was constructed with ACHD's road widening project and is in good condition, Staff does not
recommend it's removed and reconstructed as a detached sidewalk.
Waterways: The Lemp Canal runs along the northern boundary of this site along W. McMillan Rd.
and was piped with the subdivision improvements(Inst. #2015-010111). The building is proposed to
be located outside of the easement.
Easements: There are several existing easements on this lot; see the subdivision plat for more
information(i.e. McLinder Subdivision No. 2). The site/landscape plan should be revised to depict
all easements that exist on the.Any encroachments within existing easements should be permitted
through the easement holder.
Mechanical Equipment: All mechanical equipment on the back of 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.
Building Elevations: Conceptual building elevations were submitted as shown in Section VII.0 that
incorporate a mix of materials consisting of horizontal hardboard siding, stone veneer and glazing.
The final design shall be consistent with the design standards listed in the Architectural Standards
Manual.
Certificate of Zoning Compliance&Design Review: A Certificate of Zoning Compliance and
Design Review 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,UDC standards
and design standards.
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.
Page 5
Item 5. F118
VII. EXHIBITS
A. Proposed Site Plan(dated: 4/12/2022)
KEY PLAN VIGNNTY PLAN
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Page 6
Item 5. 119 1
B. Proposed Landscape Plan(dated: 4/12/2022)
NOTE:ALL EXISTING TREES TO SHALL BE PROVIO EO WITH
LANDSCAPE CALCULATIONS TABLE TEMPORARY FENCING AROUND DRIP LINE FOR
- PROTECTION DURING CONSTRUCTION
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Page 7
Item 5. F120]
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Page 8
Item 5. 121
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement and the conditions contained herein [AZ-13-
010; PP-13-022; CUP-13-010(McLinder Sub./Sawtooth Village—Development Agreement
Inst. #114020372); FP-15-001].
2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance
application shall be revised as follows:
a. The stacking lane, menu and speaker location(s),and window location shall be depicted
in accord with UDC 11-4-3-IIB.
b. All mechanical equipment on the back of the building and outdoor service and equipment
areas 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.
c. The pathway from the perimeter sidewalk along W. McMillan Rd.to the main building
entrance shall be distinguished from the vehicular driving surface through the use of
pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4b.
d. Depict all easements that exist on the subject lot per the recorded plat(McLinder
Subdivision No. 2). Any encroachments within existing easements should be permitted
through the easement holder.
e. Depict signage at the southern driveway access on the east side of the site prohibiting
entry in that location due to it being a one-way drive aisle and paint an arrow signifying
one-way traffic on the drive-aisle.
3. Compliance with the standards listed in UDC 11-4-3-11 Drive-Through Establishment and
11-4-3-49—Restaurant is required.
4. Direct access via N. Linder Rd. and W. McMillan Rd. is prohibited.
5. The business hours of operation are restricted to 6:00 am to 10:00 pm in the C-N zoning district
per UDC 11-2B-3B.
6. Install signage on the east side of the site at the entrance to the southern driveway prohibiting
access at that location due to it being a one-way drive aisle.
7. 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; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
8. 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
as set forth in UDC 11-5B-6F.
Page 9
Item 5. ■
B. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciV.org/WebLink/DocView.aspx?id=259328&dbid=0&repo=MeridianC
Lty
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciN.ofglWebLinkIDocView.aspx?id=260475&dbid=0&repo=MeridianC
Lty
IX. FINDINGS
Conditional Use(UDC 11-5B-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.
Staff finds the site is large enough to accommodate the proposed development and meet all
dimensional and development regulations of the C-Nzoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
Staff ,finds the proposed restaurant with a 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.
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.
Staff ,finds 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.
Staff ,finds 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.
Page 10
Item 5. F123]
Staff ,finds 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)
Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
Page 11
Item 6. Ll 24
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Public Hearing for Bountiful Commons East (H-2022-0015) by KM
Engineering, LLP, Located at 5960 and 5984 N. Linder Rd.
A. Request: Modification to the Existing Development Agreement (Linder Mixed Use - Inst.
#2018-052340) to update the conceptual development plan and building elevations.
B. Request: Combined Preliminary and Final Plat consisting of three (3) building lots on 2.20
acres of land in the C-C zoning district.
PUBLIC HEARING SIGN IN SHEET
DATE: May 19, 2022 ITEM # ON AGENDA: 6
PROJECT NAME: Bountiful Commons East (H-2022-0015)
Your Full Name Your Full Address Representing I wish to testify
(Please Print) HOA? (mark X if yes)
If yes, please
provide HOA name
i
1
2
3
4
5
6
7
8
9
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Item 6. 125
(:�N-WE IDIAN:--
IDAHO
PUBLIC HEARING INFORMATION
Staff Contact:Sonya Allen Meeting Date: May 19, 2022
Topic: Public Hearing for Bountiful Commons East (H-2022-0015) by KM Engineering,
LLP, Located at 5960 and 5984 N. Linder Rd.
A. Request: Modification to the Existing Development Agreement (Linder Mixed
Use - Inst. #2018-052340) to update the conceptual development plan and
building elevations.
B. Request: Combined Preliminary and Final Plat consisting of three (3) building
lots on 2.20 acres of land in the C-C zoning district.
Information Resources:
Click Here for Application Materials
Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing
Item 6. ■
STAFF REPORTC�,WEIIDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING May 19,2022
Legend
DATE: leiProfit Lorca liar
0
TO: Planning&Zoning Commission
b
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: H-2022-0015
Bountiful Commons—MDA,PFP
LOCATION: 5960 N. Linder Rd.,in the NW 1/4 of --
Section 25,TAN., R.lW. rrrrrrm
LLLLLLLU
HHM
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(Linder Mixed Use -Inst. #2018-052340) to
update the conceptual development plan&building elevations; and combined preliminary and final
plat consisting of three(3)building lots on 2.20 acres of land in the C-C(Community Business)
zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 2.20
Existing/Proposed Zoning C-C(Community Business District)
Future Land Use Designation Mixed Use—Community(MU-C)
Existing Land Use(s) Vacant/undeveloped land
Proposed Land Use(s) Commercial(mixed use)
Lots(#and type;bldg./common) 3 building/0 common
Phasing Plan(#of phases) 1
Number of Residential Units(type NA
of units)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 2/1/22
attendees:
History(previous approvals) H-2017-0095(AZ,Development Agreement Inst.#2018-
052340);H-2018-0067(PP);H-2018-0084(FP);PBA-
2022-0004 ROS#1333
Page 1
Item 6. 127
B. Community Metrics
Description Details P
Ada County Highway
District
• Staff report(yes/no) No
• Requires ACHD No
Commission Action
es/no
Access Access is proposed via a private backage road/driveway along the
(Arterial/Collectors/State west boundary of the site.
Hwy/Local)(Existing and
Proposed)
Traffic Level of Service NA
Stub There are no stub streets that exist to this site and none are
Street/Interconnectivity/Gros required to be provided to adjacent properties.
s Access
Existing Road Network A backage road/driveway exists along the west boundary of this
site parallel to N.Linder Rd.
Existing Arterial Sidewalks/ There are no existing arterial streets abutting this site.
Buffers
Proposed Road NA
Improvements
West Ada School District NA
Police Service No Comment
C. Project Area Maps
Future Land Use Map Aerial Map
Legend Legend
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Page 2
Item 6. ■
Zoning Map Planned Development Map
Legend Legend
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A. Applicant:
Stephanie Hopkins,KM Engineering, LLP—5725 N. Discovery Way, Boise, ID 83713
B. Owners:
TMEG Properties, LLC—74 E 500 S, Ste. 200,Bountiful,UT 84010-0000
C. Representative:
Same as Applicant
III. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Notification published in
newspaper 5/3/2022
Notification mailed to property
owners within 300 feet 4/27/2022
Applicant posted public hearing
notice on site 5/7/2022
Nextdoor posting 4/27/2022
IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan)
Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this
property as Mixed Use—Community(MU-C). The purpose of this designation is to allocate areas
where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The
intent is to integrate a variety of uses, including residential,and to avoid mainly single-use and strip
commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than
in Mixed Use Neighborhood(MU-N) areas. Goods and services in these areas tend to be of the
variety that people will mainly travel by car to,but also walk or bike to (up to 3 or 4 miles).
Employment opportunities for those living in and around the neighborhood are encouraged.
Page 3
Item 6. F129]
Developments are encouraged to be designed according to the conceptual MU-C plan depicted in
Figure 3C. (See pgs. 3-11 through 3-16 for more information.)
The Applicant proposes to develop the subject property with four(4)multi-tenant commercial/office
buildings with associated outdoor plazas and surface parking. The existing development plan was
reviewed and deemed to be generally consistent with the Comprehensive Plan with H-2017-0095.
Staff has reviewed the proposed conceptual development plan for consistency with the development
guidelines in the Plan and recommends changes to the plan as noted below in Section V.A consistent
with the following general guidelines for Mixed-Use and specifically MU-C developments:
• "In developments where multiple commercial and/or office buildings are proposed,the
buildings should be arranged to create some form of common,usable area, such as a plaza or
green space."(Pg. 3-13)
• "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 that
comprise a minimum of 5%of the development area are required. Outdoor seating at
restaurants do not count toward this requirement."(Pg. 3-16)
The following Comprehensive Plan Policies are also applicable to this development: (Staff's
analysis in italics)
• "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 service is available and can be extended by the developer with
development in accord with UDC 11-3A-21. Urban services are available to be provided
upon development.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed commercial/office uses should be compatible with existing residential and
church uses to the east and south; and with future commercial uses to the west.
• "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)
The proposed mix of commercial/office uses should provide needed services for nearby
residents and employees.
• "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;services are
required to be provided to and though this development in accord with current City plans.
V. UNIFIED DEVELOPMENT CODE ANALYSIS U.
A. Development Agreement Modification(MDA):
The Applicant proposes a modification to the existing Development Agreement(DA) for Linder
Mixed Use(Inst. 42018-052340)to update the conceptual development plan&building
Page 4
Item 6. F130]
elevations for this site to accommodate the proposed development; and remove the Chili's
restaurant conceptual building elevations from the agreement.No changes are proposed to the
text of the agreement.Note: The overall DA is for a larger 5-acre area; the portion subject to the
proposed modification is the northeastern 2.93 acres.
The existing plan depicts a 7,000 square foot(s.f.)and 10,000 s.f.buildings with a shared outdoor
plaza area in between the two buildings with surface parking around the perimeter of the
buildings. A dance studio and event center for dance recitals and performances were originally
anticipated to develop on this site but is no longer planned(see Section VII.A below). Conceptual
elevations are included in the existing DA for a Chile's restaurant, a couple of multi-tenant
buildings and an event center.
The proposed development plan includes four(4)multi-tenant commercial/office buildings with
individual outdoor plazas at the rear of each building, a pedestrian walkway around each building
with a connection in between the two northern buildings and two southern buildings, and surface
parking internal to the site. Conceptual elevations for the proposed structures are also included
(see Section VII.B below). As part of the modification,the Applicant proposes to remove the
conceptual elevations for the Chili's restaurant and the event center.
A north/south backage road exists along the west boundary of this site that provides an
access from the collector street(W. Cayuse Creek Dr.)to the north to Linder Rd. at the
south boundary of Bountiful Commons Subdivision. Staff is concerned the ten(10)parking
spaces depicted on the site plan along the west boundary of the site will create a safety
hazard by vehicles backing out into traffic; therefore, Staff recommends these spaces are
removed from the plan.
An existing provision of the DA(#5.1b)requires a minimum of 5% of the development area
to be developed with supportive and proportional public and/or quasi-public spaces and
places.Based on 2.93 acres, a minimum area of 0.15-acre(or 6,382 square feet)would be
required.In mixed use designated areas where multiple commercial and/or office buildings
are proposed,the Comprehensive Plan also desires buildings to be arranged to create some
form of common,usable area,such as a plaza or green space.To create more of a shared
common usable area as desired, Staff recommends instead of individual outdoor plaza areas
for each building,the parking areas in between Buildings A&B and C &D are removed
and a plaza/green space is provided in these areas with seating,landscaping and shade
structures.
Note: The conceptual development plan depicts a total building square footage of 31,488+/-s.f.
between four(4)buildings.For a commercial/office use in a commercial district, a minimum of
63 off-street parking spaces would be required; a total of 154 spaces are proposed. Even with
removal of 34 spaces as recommended, a total of 120 spaces will still be provided,which Staff
believes will meet the needs of the development.
Staff has reviewed the provisions of the existing DA and finds the proposed conceptual
development plan to be in compliance with these provisions if the Applicant complies with the
recommended changes to the plan.
Staff is generally supportive of the proposed modification to the DA with the recommended
changes to the conceptual development plan noted above. Staff recommends the Applicant
revise the plans to incorporate these changes and submit a copy of the revised plan to the
Planning Division at least 10 days prior to the City Council hearing.
Page 5
Item 6. 131
B. Preliminary/Final Plat(PFP):
A combined preliminary and final plat is proposed to re-subdivide a portion of Lot 1 and all of
Lot 4,Block 1,Bountiful Commons Subdivision. The current configuration of the property was
created through Record of Survey#13333 associated with PBA-2022-0004. The proposed plat
consists of three(3)building lots on 2.20 acres of land in the C-C zoning district.
Existing Structures/Site Improvements:
There are no existing structures on this site; the previous structures have been removed.
Dimensional Standards:
Development of the proposed lots is required to comply with the dimensional standards of the C-
C zoning district in UDC Table 11-2B-3.
Subdivision Design and Improvement Standards(UDC 11-6C-3):
Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3.
Access(UDC 11-3A-3)
Access to the site exists via a private driveway/backage road that runs parallel to N. Linder Rd.
depicted in an easement on the plat.No stub streets exist to the site and none are proposed or
required to be provided to adjacent properties. A cross-access easement agreement(Inst. #2018-
108834) exists between all lots in the subdivision that grants access over drive aisles and parking
areas per plat note#12.
Pathways(UDC 11-3A-8):
There are no pathways depicted on the Pathways Master Plan for this site. The existing DA
(provision#5.1i)requires a pedestrian pathway connection to be provided to the church
property(Parcel#R6905150070) at the south boundary of the site; the site/landscape plan
shall be revised accordingly.
The existing DA also requires a walkway to be provided along one side of the north/south
backage driveway for safe pedestrian access and connectivity. Because a sidewalk was
constructed on the Beehive Credit Union(A-2020-0032) site to the west of the proposed
development along the west side of the driveway, Staff is not including a requirement for a
walkway to be constructed on the east side of the driveway on the subject property.
Sidewalks(UDC 11-3A-1 :
There are no public streets proposed within this site or that exist adjacent to the site;therefore,
sidewalks are not required.
Landscaping(UDC 11-3B):
No streets are proposed with this application and none exist adjacent to this site;therefore,no
street buffer landscaping is required.No pathways are proposed; therefore,no pathway
landscaping is required.
A 25-foot wide buffer is required along the east boundary of Lots 7 and 8,Block 1 adjacent to
existing residential uses as set forth in UDC Table 11-2B-2;the buffer should be landscaped per
the standards listed in UDC 11-3B-9C and may be installed at the time of lot development. The
landscape plan depicts the 25-foot wide buffer planted with a mix of deciduous and evergreen
trees with a 3-foot tall berm in accord with UDC standards.
Storm Drainage:
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction is required to follow
Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical
Page 6
Item 6. F132]
Engineering RMort for the proposed subdivision that was prepared in 2018 with the original
subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-
11 C.
Pressure Irrigation(UDC 11-3A-151:
Underground pressurized irrigation water is required to be provided for each and every lot in the
subdivision as required in UDC 11-3A-15. This property lies within the boundary of Settler's
Irrigation District.
Utilities (UDC 11-3A-21):
Utilities are required to be provided to the subdivision as required in UDC 11-3A-21.
Waterways(UDC 11-3A-M:
The North Slough runs along the project's north boundary and has been piped in accord with
UDC 11-3A-6B.A portion of the easement(i.e. 10') lies on this property as depicted on the plat.
This project is not within the flood plain.
Fencing(UDC 11-3A-6 and 11-3A-7)•
All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing exists along
the north, east and west property boundaries;no new fencing is proposed with this application.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed single-story commercial/office
buildings as shown in Section VII.B; these elevations may change with future applications but
provide a general idea of the type of architecture planned. Final design must comply with the
design standards in the Architectural Standards Manual.
VI. DECISION
A. Staff:
Staff recommends approval of the requested development agreement modification with
recommended changes to the conceptual development plan as noted above in Section V.A; and
combined preliminary and final plat with the provisions noted in Section VIII,per the Findings in
Section IX.
Page 7
Item 6. F133]
VII. EXHIBITS
A. Existing Development Agreement Provisions, Conceptual Development Plan and Elevations
S. CONDITIONS GOVERNING IIEVEL011ilYli NT OF SUBJECT PROPERTY:
5.1. Owners andtor Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of the subject prupettyshall be generally consistent withtheconceptual site
plan,building elevations, and provisions contained in the Staff Report that is attached to the
Findings of Fact and Conclusions of Law attached hereto as Exhibit'B".
b. Provide supportive and proportional public and/orquam-public spaces and places including but
not limited to parks, plazas, outdoor gathering arras, open space, libraries, and schools that
comprise a minimum of5%of the development area within the site development area.
c_ Non-residential buildingq should be proportional to and blend in with adjacent residential
buildings.
d. The misting homes and associated outbuildings shall be removed fmrn the siteprior to issuance
of any building permits.
e. if access isn't available to ibis site at the time of development, a temporary access will be
allowed via N.Linder Road with approval from the Ada County Highway District_At such time
as access from the north andlor south is available,the temporary access shadI be removed and
the use discontinued.
f. The developer shall grant a crass-acccsslingress-egress easement to the properties to the north
(parcel4SO4252234)10)and south(parcel NS0+425233810)in accordwith UDC 11-3A-3 and the
Comprehensive Plan(action item#3.03.02N).A recorded copyofrhe tascn=t agrevrrtew shall
be submitted to the Planning Division with the first Certificate of Zoning Compliance
application for thu development.
g. Future development shall complywith the structure and design standards listed in lJl]C l 1-3A-
14 and in the Architectural Standards Manual (ASM).
h, A 10-foot wide segment orthc City's multi-use pathway is required along N. Linder Road in
accord with the Pathways Master Plan. Landscaping shall be installed in accord with the
standards listed in UDC 11-3B-12C on either side of the pathway.
i. Provide a pedestrian pathway connection to the church property at the south boundary of the
site.
j. Provide a walkway along one side of the north/south backage driveway for safe pedestrian
access and connectivity.
k. Prior to removing airy of the existing trees from the site,the developer/owner shall contact the
City Arborist to determine mitigation requirements for any healthy trees 4"caliper and greater
that are removed from the site in accord with UDC I 1-3B-1flC.5.
1. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and
Dcsigr Review application from the Planning Division, prior to submittal of any building
permit applications.
m, Prior to the application for any development on the subject site, sanitary sewer and water
serviceability will need to be reviewed. This is due to the potential timing of development of
adjacent properties and the ability or inability to create loops in the water system and to
determine the Touting of sanitary sewer.
n. Provide a pedestrian walkway from the sidewalk along the north/south backage driveway to the
entrance of the building proposed on the cast side of the site(i.e,the dance studiolcvent center).
Page 8
Item 6. F134]
LINDER MIXED-USE DEVELOPMENT
LINDER ROAD MERIDIAN,IDAHO
OVERALL GENERAL SITE NOTES
SCALE:... .........
CALE:.............-.........1-=40-0-TA.
iHEAN[NRE(150FFI�N
ZONING{EXISTING}:................RUT
ZONING{PROPOSED):..............C-C
TOTAL AREA:.................5.0 ACRES
t COMMON OPEN SPACE REQUIRED:............10%
DEVELOPER: TGI CORP.
I o.e83 acres — 74 EAST 500 SOUTH,STE.200
C-C _ BDUNTIFUL,UT B4010
Ir :mov 4®g p 801-292-50DO
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LANDSCAPE: TBD
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CIVIL: TBD
LINDER
0.848 acres - MIXED-USE
DEVELOPMENT a II
I L I 5960 N.LINDER
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Page 9
Item 6. 135
Commercial Buildings Fronting on Linder Road
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Page 10
Item 6. F136]
B. Proposed Conceptual Development Plan(NOT APPROVED) &Elevations to be Included in
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Item 6. ■
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Page 12
Item 6. r138]
RECORD OF SURVEY ROS No. 0,43
PROPERTY BOUNDARY ADJUSTMENT
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Page 13
Item 6. F139]
D. Proposed Preliminary Plat(date: 2/l/2022)
PRELIMINARY PLAT SHOWING
BOUNTIFUL COMMONS
SUBDIVISION NO.2
A RE-SUBDIVISION OF BOUNTIFUL COMMONS
SUBDIVISION SITUATED IN A PORTION OF THE
SOUTHWEST 114 OF THE NORTHWEST 114 OF SECTION
25,TOWNSHIP NORTH,RANGE 1 WEST,BOISE
MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO
FEBRUARY,2022
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Page 14
Item 6. F140]
E. Proposed Final Plat(dated: 2/4/2022)
PLAT OF
Bountiful Commons Subdivision No.2
A RE51JBOIVI530N OF LOFT AND A PORTION OF LOT 1,BLOCK 10F
BOU NTI FUL COMMONS SVBDMISION,SITUATED IN THE SOUTHWE$1
114 OF THE NORTHWEST 414 OF SECTION 25,T M OWNSHIP 4 NOR , D 4 120
RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,
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Page 15
Item 6. 141
PLAT OF
Bountiful Commons Subdivision No.2
CERTIFICATE OF OWNERS NOTES
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Page 16
Item 6. m
F. Landscape Plan(date: February 2022)
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Page 17
Item 6. F143]
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Staff recommends the Applicant revise the conceptual development plan depicted in Section
VII.B to incorporate the changes noted in Section V.A and submit a copy of the revised plan
to the Planning Division at least 10 days prior to the City Council hearing.
1. The existing Development Agreement(DA) (Inst. #2018-052340,H-2017-0095)for Linder
Mixed Use shall be amended as proposed by the Applicant with the changes to the conceptual
development plan recommended by Staff. The amended DA shall be signed by the property
owner and returned to the Planning Division within six(6)months of the City Council
granting approval of the amendment. The specific provisions for the amended DA are as
follows
2. The final plat shall include the following revisions:
a. Include the recorded instrument of the City of Meridian sewer and water easement
graphically depicted on Sheet 1.
3. The landscape plan depicted in Section VII.F is approved as submitted.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2B-3 for the C-C zoning district.
5. With development of Lots 7 and 8,Block 1, a 25-foot wide buffer shall be provided along the
eastern boundary of those lots adjacent to residential uses as set forth in UDC Table 11-2B-2,
landscaped per the standards listed in UDC 11-3B-9C.Note: This buffer is not required to be
constructed with the subdivision improvements.
6. As approved with Bountiful Commons Subdivision No. 1 tree mitigation plan, each lot shall
provide an additional 12.5 caliper inches of trees, above the minimum standards,when
developed. These trees shall be depicted on the landscape plans submitted with the Certificate
of Zoning Compliance application for development of each lot.
7. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise
waived by City Council.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. Sewer mains must meet minimum separation requirements from other mains;which is 10 feet
for parallel lines.
2. Sewer mains require a minimum 20-foot-wide easement whenever they're located outside of
right-of-way.
3. Ensure no sewer services pass through infiltration trenches.
4. Ensure no permanent structures including,but not limited to trees, shrubs,buildings, carports,
trash enclosures, fences, infiltration trenches, light poles, etc. are built within any City utility
easement.
5. The applicant must ensure that fire requirements are met and no fire hydrants or fire services
lines are required for the eastern parcels. If any hydrants are fire lines are required,then an 8-
inch diameter water main must be run to the eastern properties instead of service lines;the
services,hydrants,and fire lines will then be stubbed from that 8-inch main extension. If
main is added, a 20-foot-wide easement will be required over the main.
Page 18
Item 6. F144]
6. A streetlight plan will be required, and must conform with the Meridian City Standards and
Specifications.
7. Three(3)new streetlights will be required within the right-of-way of North Linder Road.
General Conditions of Approval
8. 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.
9. 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.
10. 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.
11. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). 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.
12. 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.
13. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
14. 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.
15. 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.
16. 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.
Page 19
Item 6. ■
17. 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.
18. 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.
19. 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.
20. 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.
21. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
22. Developer shall coordinate mailbox locations with the Meridian Post Office.
23. 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.
24. 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 I-foot above.
25. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
26. 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.
27. 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.
28. 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.
29. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancioy.or9/WebLink/Doc View.aspx?id=259544&dbid=0&repo=MeridianC
hty
Page 20
Item 6. ■
D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=259179&dbid=0&repo=MeridianC
Lty
E. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancity.ory WWebLinkIDocView.aspx?id=260310&dbid=0&repo=MeridianC
hty
IX. FINDINGS
A. Preliminary Plat:
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Stafffinds that the proposed plat is in substantial compliance with the adopted Comprehensive
Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in,
Section IV of this report for more information)
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Stafffinds that public services will be provided to the subject property with development. (See
Exhibit B of the Staff Report for more details from public service providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, Stafffinds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed development;
Staff finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers(i.e.,Police,Fire,ACHD,
etc). (See Section VIII for more information)
5. The development will not be detrimental to the public health, safety or general welfare; and,
Staff is not aware of any health, safety, or environmental problems associated with the platting
of this property. ACHD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features.
Staff is unaware of any significant natural, scenic or historic features that exist on this site that
require preserving.
Page 21
E IDIAN;---
Applicant Presentation
Bountiful Commons East May 19, 2022Meridian CityCombined Preliminary and Final PlatDevelopment Agreement Modification &
Proposed Development Plan Bountiful Commons EastBountiful Commons Project Location & Information
Proposed Development Plan Original Concept Plan Original Concept Plan Lot 6Lot 5Lot 4Lot 1Lot 3Lot 2 Development Agreement Modification
Proposed Development Plan Proposed Concept Plan Development Agreement Modification
Proposed Development Plan Concept FloorplanConcept Elevations Development Agreement Modification
Proposed Development PlanCombined Preliminary and Final Plat
Proposed Development Plan plan to the Planning Division at least 10 days prior to the City Council hearing.in Section VII.B to incorporate changes noted in Section V.A and submit a copy
of the revised VIII.A. Staff recommends the Applicant revise the conceptual development plan depicted public open space)-plazas (public/quasiReplace parking areas between Buildings
A & B and C & D with 2.south drive aisle-adjacent to the private northRemove 10 parking spaces on the west boundary of the site 1.Request to Modify Staff Conditions
Proposed Development PlanPlaza Areas
Proposed Development Planpublic Open Space-Public / Quasi
Proposed Development PlanDrive Aisle
Proposed Development Plan Linder Road Drive Aisle
Proposed Development PlanThank You