Loading...
2022-06-16 PLANNING AND ZONING COMMISSION MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, June 16, 2022 at 6:00 PM MINUTES ROLL-CALL ATTENDANCE PRESENT Commissioner Patrick Grace ABSENT Commissioner Andrew Seal Commissioner Nick Grove Commissioner Maria Lorcher Commissioner Nathan Wheeler Commissioner Mandi Stoddard Commissioner Steven Yearsley ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved 1. Approve Minutes of the June 2, 2022 Planning and Zoning Commission Meeting Motion to approve made by Commissioner Stoddard, Seconded by Commissioner Grace. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Stoddard ACTION ITEMS 2. Public Hearing for Pickleball Court Subdivision (H-2022-0025) by The Land Group, Inc., Located at 4050 W. McMillan Rd. at the northeast corner of N. Joy Street and W. McMillan Rd. Recommend Approval to City Council. Tentatively scheduled for July 26, 2022 A. Request: Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning district. B. Request: A Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots on 4.58 acres of land in the requested R-4 zoning district. Motion made by Commissioner Lorcher, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Stoddard 3. Public Hearing for Pinedale Subdivision (H-2022-0001) by Pine Project, LLC, Located at 3275 W. Pine Ave. (Parcel #S1210417400) Recommend Approval to City Council. Tentatively scheduled for July 26, 2022 A. Request: Annexation and Zoning of 1.22 acres of land with a request for the R-15 zoning district. B. Request: A Preliminary Plat for 12 building lots and 2 common lots on 1.22 acres in the requested R-15 zoning district. Motion made by Commissioner Grace, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Stoddard 4. Public Hearing for Lot 8 Retail Building (H-2022-0034) by Larson Architects, located at 3333 W. Chinden Blvd. Approved A. Request: Conditional Use Permit for a drive-through establishment within 300 feet of another drive-through facility on 0.9 acre of land in the C-G zoning district. Motion made by Commissioner Lorcher, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Stoddard 5. Public Hearing for Slim Chickens (H-2022-0028) by Larson Architects, located at 3369 Chinden Blvd. Approved A. Request: Conditional Use Permit for a drive-thru establishment within 300 feet of another drive-through facility on 1.13 acres of land in the C-G zoning district. Motion made by Commissioner Lorcher, Seconded by Commissioner Stoddard. Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner Stoddard ADJOURNMENT 7:04 p.m. Meridian Planning and Zoning Meeting June 16, 2021. Meeting of the Meridian Planning and Zoning Commission of June 16, 2021, was called to order at 6:02 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Patrick Grace, Commissioner Maria Lorcher, and Commissioner Mandi Stoddard. Members Absent: Commissioner Steven Yearsley, Commissioner Nick Grove and Commissioner Nate Wheeler. Others Present: Chris Johnson, Joy Hall, Kurt Starman, Bill Parsons, Joe Dodson, and Dean Willis. ROLL-CALL ATTENDANCE Nate Wheeler X Maria Lorcher X Mandi Stoddard Nick Grove Steven Yearsley X Patrick Grace X Andrew Seal - Chairman Seal: Good evening and welcome to the Planning and Zoning Commission meeting for June 16th, 2022. At this time I would like to call the meeting to order. The Commissioners who are present for this evening -- evening's meeting are at City Hall and on Zoom. We also have staff here from City Attorney and Clerk's offices, as well as the City Planning Department. If you are joining us on Zoom this evening, we can see that you are here. You may observe the meeting. However, your ability to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take questions until the public testimony portion. If you have a process question during the meeting, please e-mail cityclerk@meridiancity.org and they will reply as quick as possible. If you simply want to watch the meeting, we encourage you to watch this streaming on the city's YouTube channel. You can access it at meridiancity.org/live. With that, let's begin with roll call. Madam Clerk. ADOPTION OF AGENDA Seal: All right. The first item on the agenda is the adoption of the agenda. There are no modifications, so can I get a motion to adopt the agenda? Lorcher: So moved. Stoddard: Second. Meridian Planning&Zoning Commission June 16,2022 Page 2 of 23 Seal: It has been moved and seconded to adopt the agenda. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the June 2, 2022 Planning and Zoning Commission Meeting Seal: Next item on the agenda is the Consent Agenda. We just have one item on the Consent Agenda and that is to approve the minutes of the June 2nd, 2022, Planning and Zoning Commission. Can I get a motion to accept the Consent Agenda as presented? Grace: So moved, Mr. Chairman. Stoddard: Second. Seal: It has been moved and seconded to adopt the Consent Agenda. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: All right. At this time I would like to briefly explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to the Comprehensive Plan and unify -- 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 have 15 minutes to do so. After the applicant has finished we will open the floor to public testimony. Each person will be called on only once during the public testimony. The Clerk will call the names individually of those who have signed up on our website in advance to testify. You will, then, be unmuted 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 -- previously sent pictures or a presentation for the meeting, it will -- it can be displayed on screen and you or the clerk will run the presentation. If we have established that you are speaking on behalf of a 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 those who have finished -- after all those who have signed in in advance have spoken we will invite any others who may wish to testify. If you wish to speak on the topic you may come forward in Chambers or if on Zoom press the raise hand button in the Zoom app or if you are only listening on a phone, please, press Star 9 and wait for your name to be called. If you are listening on multiple devices, such as a computer and a phone, please be sure to mute the extra devices, so we do not experience feedback and we can hear you clearly. When you are finished if the Commission does not have questions for you, you will return to your seat in Chambers or you will be muted on Zoom. You will now no longer have the ability to speak and, please, Meridian Planning&Zoning Commission June 16,2022 Page 3 of 23 remember, we will not call on you a second time. After all testimony has been heard, the applicant will be given another ten minutes to come back and respond. When the applicant is finished responding to questions and concerns, we will close the public hearing and the Commissioners will have the opportunity to -- to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 2. Public Hearing for Pickleball Court Subdivision (H-2022-0025) by The Land Group, Inc., Located at 4050 W. McMillan Rd. at the northeast corner of N. Joy Street and W. McMillan Rd. A. Request: Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning district. B. Request: A Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots on 4.58 acres of land in the requested R-4 zoning district. Seal: And with that at this time I would like to open the public hearing for Item No. H- 2022-0025 for Pickleball -- Pickleball Court Subdivision. We will begin with the staff report. Dodson: Thank you, Mr. Chair. Just getting the presentation up for you. All right. So, as noted, the first one before us tonight is for Pickleball Court. The requests before you tonight are for annexation and zoning and preliminary plat. The request for annexation is for 4.96 acres of land to be zoned from RUT in the county to the R-4 zoning district and the preliminary plat consists of 14 single family residential building lots and four common lots on approximately four and a half acres of land in the requested R-4 zoning. The subject four and a half acres currently contains a barn or other agricultural building or two. The previous home appears to have been removed according to the latest aerial imagery. Subject site is abutted by two public roads, McMillan Road to the south and Joy Street to the west. Abutting the north and east property lines are existing R-4 developments, Vicenza Subdivision to the east and Summerwood to the north. The subject property is designated as medium density residential on the future land use map, which allows residential development at three to eight dwelling units per acre. The proposal for 14 building lots on four and a half acres constitutes a gross density of 3.06 units per acre, which is nearly at the bottom of the allowed density. The medium building -- the minimum building lot size proposed is 8,000 square feet, which is the minimum lot size for the R-4 zoning district as well. The adjacent developments to the east and north are of similar density and lot size, which make this project consistent with the existing development. With the existence of Joy Street along the entire west boundary, the subject property should act -- or I should say the subject project should act as a transition towards a higher density approved at the corner of Black Cat and McMillan further to the west. Access is proposed via a new local street connection to Joy Street, which is an existing local street that directly connects to West McMillan Road, which is an arterial street. Access to all Meridian Planning&Zoning Commission June 16,2022 Page 4 of 23 proposed homes is from within the new local street in the subdivision. No opportunity exists for a future stub street to the existing development, because there are no existing stub streets. This would also be the case for any pedestrian connectivity as well, since it is only the rear lot lines of homes abutting the property. The applicant is required to dedicate additional right of way from McMillan Road along the south, as well as widen the paved surface area adjacent to the site. The applicant is also required to reconstruct Joy Street as half of a 33 foot wide local street section abutting the site, which includes curb, gutter and sidewalk. The applicant has proposed both of these and is showing the correct right of way, as well as the correct improvements. ACHD has approved the proposed road connections and layout. Staff also supports the proposed road layout. Because the project is less than five acres in size, UDC minimum for open space amenities does not apply. However, the applicant is proposing some open space, which staff has analyzed. The applicant is showing three main areas of open space. The required street buffer along McMillan, an open space lot along the north boundary of the project, which is Lot 12, and an additional grassy area in the southeast corner of the site, which is noted to be a future gravity irrigation pond. The applicant should add an exhibit in more detail to the landscape line that shows how this pond will be constructed and what it will look like to ensure compliance with CDC standards. Specifically, staff wants to ensure it will not be a mosquito breeding ground, which is outlined in our code. The applicant -- sorry. Within the Lot 12 open space lot, the preliminary plot has the notation that a pickleball court will be present. The applicant should revise the landscape plans to depict the proposed amenity and its location, but the applicant has requested flexibility and the type of sports court to be installed. Therefore, the applicant has requested a modification to staff's recommended DA provisions regarding the proposed amenity and staff does support that flexibility. As of--well, as of this morning there was no public testimony on this application and pretty sure that's still the case. Staff does recommend approval of this annexation and project is generally consistent with the comprehensive plan and is a logical expansion of city zoning. The requested revisions, after speaking with the applicant that I noted are before you here with strikeout and underline. 1-A is a DA provision and, then, the bottom two are actually site specific conditions. The applicant has also -- and I believe they have a specific slide in their presentation regarding the placement of the sidewalk along McMillan and the applicant would like that provision or that condition modified as well. I have read that and I am fine with their proposed language or some variation of it in order to ensure that the sidewalk is either within the right of way or within the -- the common lot. Either way they have the minimum amount of landscaping, so I'm fine with their revisions. And after that I will stand for any questions. Seal: Okay. Thank you, Joe. At this time would the applicant like to come forward? Good evening. Please state your name and address for the record. Gardner: Sure. Matthew Gardner. Gardner Homes. Our address is 2078 West Everest Lane in Meridian, Idaho. 83646. As stated earlier, this project is located on the northeast corner of North Joy Street and West McMillan. You know, the project consists of one parcel. The property is currently zoned RUT in Ada county and is in the City of Meridian area of impact. The Comprehensive Plan map -- future land use map designation is medium density residential. The designation allows for the dwellings as discussed earlier. Meridian Planning&Zoning Commission June 16,2022 Page 5 of 23 The development will take access from North Joy Street as explained earlier and feed itself. In total, the Pickleball Court Subdivision includes 4.58 acres with 18 total lots. Sorry. Getting behind. Eighteen total lots. Three of those are common lots and 14 are single home dwellings. The Pickle -- Pickleball Court Subdivision -- it kind of hard to read and do this at the same time. Sorry. Get back to this side. Okay. These homes are planned as one and two story single family homes of similar size and styles. We have built these homes in the surrounding subdivision in Summerwood and in Vicenza and BridgeTower West. So, they are conducive with -- with the homes surrounding. The common areas, including the centrally located common open space lot, are designated to be easily accessible to the subdivision homeowners. Sidewalks are proposed throughout the project to promote walkability and easy access to the amenities. The public street frontage improvements will be constructed with the development. We did remove the home as stated earlier for safety reasons. We kept finding the doors broken down and -- and clothing and shoes and all sorts of things inside, so we did remove that, because it was a safety hazard and have that permit. But the barn and the outbuilding will be removed with the construction of the development. The stormwater from the project will be collected, managed, and retained on site as stated on the landscaping plan in -- I think it's a lot -- I can't remember. Sixteen is it? I believe. And we do have that being drawn up, so we can provide that when it's available. The -- the platting -- we are fine with everything, other than the -- the notes that we requested, as you have already stated. And we have read the staff report and agree with the staff's analysis and recommendations with just those few exceptions and we are grateful for you and we appreciate all you do. Thank you. Seal: Okay. Thanks very much. Are there any questions for the applicant or staff? All right. Seeing none, we will go ahead and move on to the public testimony portion. Madam Clerk, is there anybody signed up? Hall: Theodore A. Lye. Seal: All right. Come on up and give us your name and address and -- Lye: It's Theodore Lye. Ted Lye. 4945 North Bolsena Avenue, Meridian, Idaho. 83646. And my home is directly to the north -- or to the east. So, it would be the -- their backyard would be right in my backyard and we have had other development just north of their development that they just finished here last year and the fugitive dust is one of the big concerns I have and I would just like to find out about their fugitive dust control, because the dust was terrible in our backyards and we weren't even close to that development there and now it's going to be right in my backyard. So, I'm curious about the fugitive dust. And, then, the -- the gentleman that spoke earlier talked about the single level and two story homes and we would like to see behind our home, you know, some single level homes, because, you know,just the big two story homes looking right down into our home and I don't know if I would address you or the City Council, Planning and Zoning, about that issue, but that's another one of my concerns and if I got that correct, the developer is Gardner Homes. Is that correct? Meridian Planning&Zoning Commission June 16,2022 Page 6 of 23 Seal: I believe so, yes. Lye: And I would like to compliment Gardner Homes. You know, they have several of them in Bridgetower West and -- and they are nice homes and I know people that live in them and like them, but that's -- that's the questions I have is -- and I would also like to see the plot and they said that Lot 12 is going to have the pickleball court, so I'm kind of curious if we are going to have people playing pickleball in our backyard. So, that's the only questions I have. Seal: All right. Thank you very much, sir. Madam Clerk, do we have anybody else? Hall: No, we do not. Seal: All right. Is there anybody in Chambers that would like to come up and testify? I haven't looked on -- do we have anybody on -- we have nobody online. Okay. Would the applicant like to come back up and answer those questions and anymore that we may have, please. Gardner: Sure. Mr. Lye, thank you. I appreciate the compliments. In our online meeting you stated those same --same issues you --you were suffering. For the north I apologize, I wasn't involved in that, but we have built homes in there. We can only mitigate the fugitive dust by watering it down as per the regulations that we will be held to by the city and the government and watering those down at certain intervals. The good news, I believe is this will be done in a more wetter climate in the fall and the winter, so -- at least that's what we are hoping, so dust should be kept at a minimum I would believe. As for two story and single story, not sure which ones will go where, but as the homeowners we are just following suit with what's already recommended there and -- and what's surrounding which are two story and single story. Thank you. Seal: Okay. Thanks. And a question on the height of the homes real quick is -- is your aim to kind of match as close as you can lot for lot? You know, if there is a two story on the other side of the fence, two story and single story, kind of try and match that up? Gardner: As we are able, yes. The lot sizes are pretty close to the same square footages, but some are -- have a smaller building envelope, so we -- it will be hard to -- to try to do that, but we will do that where we can. Seal: Are there any other questions? Grace: Mr. Chairman? Seal: Go right ahead. Grace: As it relates to the -- I guess it's the pickleball courts or other -- otherwise recreational courts, is that something that will be used? Will it be lighted? Will it be used late into the night to your knowledge? Meridian Planning&Zoning Commission June 16,2022 Page 7 of 23 Gardner: So, our intention, as we were talking earlier, not to put lights, just to prohibit -- and, obviously, the HOA can design the CC&Rs in a way to -- you know, obviously, quiet hours. I believe Meridian City starts at 10:00 p.m. and so we are hoping by not allowing lights -- or us not installing lights will prohibit noise past 10:00 o'clock if there is such. But we plan on landscaping to try to minimize whatever noise may be caused. Seal: Okay. Any other questions? Dodson: Mr. Chair? Seal: Go right ahead. Dodson: I just wanted to point out to the president's question that the court is proposed at this here, sir. This lot here. Yes, sir. So if you are to the east, you will have some homes in between. But I just wanted to -- even for the Commissioners I wanted to point that out, so that everybody is clear where a Lot 12 is. I realize I said it, but you probably can't read the numbers on your screen, so -- Gardner: Sorry. Dodson: -- be the northernmost lot there. Gardner: The one showing the three trees. Dodson: Yep. Seal: Okay. Awesome. Thanks, Joe. Gardner: Thank you. Seal: All right. Thank you very much. Okay. Can I get a motion to close the public -- public hearing? Grace: So moved, Mr. Chairman. Stoddard: Second. Seal: Okay. It's been moved and seconded to close the public hearing for Item No. H- 2022-0025, Pickleball Court Subdivision. All in favor say aye. Any opposed? Okay. Motion carries. MOTION CARRIED: FOUR AYES. THERE ABSENT. Seal: Okay. Who would like to go first? Meridian Planning&Zoning Commission June 16,2022 Page 8 of 23 Grace: Mr. Chairman, it seems pretty straightforward from my perspective. I don't have a lot of comment. Seal: Okay. I tend to agree with that. So, Commissioner Lorcher, if you have anything to add or if anybody would like to throw a motion out there I'm all ears. Lorcher: Mr. Chair, I like the fact that it's R-4, so that -- that five acre parcel is not overly constricted with buildings. So, that's good, too. Seal: Okay. The only comment that I will make that caused me a little pause on this is just where we are at with the road situation there and that the road report is fairly old. We did recommend a denial for, you know, obviously, a large -- much larger subdivision that was there in the McMillan area. So, this one being small and only being a few homes I think is just a different beast altogether. So, that's the only -- like I said, that's the only thing that kind of gave me a little -- a little bit of pause on here, but I just don't think it's the same thing. With that anybody want to take a stab at it? And, please, make sure to include -- if -- if you do make sure to include the -- what would we call in, Joe? It's your agreement with the applicant's proposed amendments? Dodson: Mr. Chair, I did add the one -- the fourth bullet point I added from the applicant's slide, just to make it easier for you guys. But a simple motion stating per staff's presentation is -- Seal: Okay. Dodson: -- fine with me and I will know the language to change. Seal: Okay. Perfect. Grace: Mr. Chairman, would you be looking for a separate motion on that, then, or to incorporate it into the -- Seal: Just integrate it into the original motion. Grace: Okay. I will try. Seal: Excellent. Grace: Mr. Chairman, after considering all staff, applicant and public testimony, I move to recommend approval to the City Council of file number H-2022-0025 as presented in the staff report for hearing date of June 16th, 2022, and including the staff presentation -- Seal: Recommendation? Grace: -- recommendations without any modifications. Meridian Planning&Zoning Commission June 16,2022 Page 9 of 23 Seal: Okay. Can I get a second? Stoddard: Second. Seal: Okay. It has been moved and seconded to recommend approval of Item No. H- 2022-0025, Pickleball Court Subdivision. All in favor, please, say aye. Any opposed? Okay. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. 3. Public Hearing for Pinedale Subdivision (H-2022-0001) by Pine Project, LLC, Located at 3275 W. Pine Ave. (Parcel #S1210417400) A. Request: Annexation and Zoning of 1.22 acres of land with a request for the R-15 zoning district. B. Request: A Preliminary Plat for 12 building lots and 2 common lots on 1.22 acres in the requested R-15 zoning district. Seal: All right. And at this time I would like to open H-2022-0001, Pinedale Subdivision, and we will begin with the staff report. Dodson: Thank you, Mr. Chair. Hopefully this looks familiar to those of you who are here -- I believe the first hearing in April is -- was before you guys at that night. So, long story short, on -- I believe it was April 7th, applicant submitted a plan. We went to hearing here. Planning and Zoning Commission recommended denial to City Council of that plan. Applicant went to City Council, asked for a remand from City Council, back to P&Z with revisions to the plan and City Council approved it. The request for remand I should say. And that's why we are here again tonight. So, the applicant did revise the plan. So, I will get into that now. So, as with the previous discussion or previous request, it is a request for annexation and zoning of 1.22 acres of land with a request for the R-8 zoning district. It was previously for the R-15 zoning district. So, that's one major change. Secondly, it includes a preliminary plat for seven detached single family building lots and one common lot, when previously it was nine lots with two common lots, including a common driveway. So, as I will note again, the applicant has revised the plan multiple times to address concerns noted by staff, as well as the Commission. So, when we originally met with them we were at 15 lots, then, we were at 12 and, then, we were at ten and, then, nine and now we are at seven. So, from a planning perspective and just working with the applicant, the applicant is clearly responsive to discussion. The applicant is proposing to construct detached single family dwellings within this proposed layout, which is seven lots. At a gross density of 5.74 units per acre and average lot size of approximately 4,400 square feet. It was previously 3,200. And the minimum lot size is just over 4,000 square feet, where previously the minimum lot size was approximately 2,250. The proposed use of detached single family within the R-8 zoning district is a permitted use and the proposed plat meets all UDC requirements. Access is proposed via extension of West Newland, which is an existing -- existing local street at the west boundary. It is proposed to Meridian Planning&Zoning Commission June 16,2022 Page 10 of 23 terminate within the site as a full cul-de-sac per ACHD standards and requirements. The existing access comes from a private access across the Ten Mile Creek, which is this. This is a vehicular bridge right now that kind of snakes in here. That access will be closed upon development and in addition it's off site and will be utilized as a pedestrian, bridge and multi-use pathway with the Foxcroft Subdivision to the northeast. Staff has included a DA provision regarding that. Sorry. Let me see. The Newland Street cul-de-sac is depicted with a 48 foot radius. According to the ACHD staff report, they have approved this, but have noted that the condition --there is a condition that the cul-de-sac is -- should be widened to a 50 foot radius. This may reduce the lot size of Lot 6, which is along the boundary here and maybe even Lot 5 to less than the 4,000 square foot lot size. Staff finds that if this is the case, there should be room within these five lots to move some lot lines around and -- and ensure continued compliance with the minimum lot size. The Ten Mile Creek runs along the entire east property line and requires a hundred foot easement, which is depicted here. A hundred feet here. It's 50 feet on each side from the center line. It covers the buildable area of this plot even more. So, yes, the encumbrances of the cul-de-sac and the creek easement. Staff has included a DA provision requiring side loaded garages where possible in order to help with these encumbrances and reduce the amount of curb cuts onto the cul-de-sac. This type of design can force longer driveways that go deeper into each site, which allow for more off-street parking. The design also creates an opportunity for the living area of each home to be closer to the street, because the living -- living area setback is ten feet, whereas the garage setback is 20 feet. So, essentially, that allows for more building area than which is shown on the site plan currently. However, staff does note that the lots may not be wide enough to accommodate the required parking pad for side loaded garages. The applicant should continue working to mitigate these issues and revise the plat accordingly, unless Commission or Council removes staff's recommended DA provision and just go with front loaded garages. There were previously 13 pieces of public testimony for the previous approval. There was one additional piece for the remand, but it discussed objection to 12 lots, which is not being proposed and hasn't been proposed for many, many months. So, maybe they like seven. But they have responded to 12. Staff does recommend approval with the conditions noted for this small county enclave. To be frank, I think this is probably one of the best things we are just going to get here. When you have seven lots on a cul-de-sac, it's just not a lot of room, so should Commission have questions I will answer them. Seal: Okay. Thanks very much. Would the applicant like to come forward, please? Good evening and welcome back. Please give us your name and address for the record and the floor is yours. Conti: Good evening. I'm Antonio Conti. 7661 West Riverside Drive in Garden City. 83714. First I want to apologize, I missed the last meeting. I was visiting my elderly parents in Switzerland, so I tried to do the offline thing, but that didn't work well. What we are proposing here it's another iteration of this project. We are coming down to seven lots. Seven lots, it's -- you know, they are averaging 4,000 square feet. We are at total -- we are proposing an R-8 zoning versus the R-15 that we had originally, which matches with the zoning of the parcel adjacent to the site. We are proposing -- how do we move -- arrows? Thank you. There we go. The site 1 .2 acres. Single family residential about Meridian Planning&Zoning Commission June 16,2022 Page 11 of 23 58 percent worth of the lots will be able to have a house. We are about 20 -- 19 percent with the open space and 22 percent is the cul-de-sac. We tried several ways to get rid of the cul-de-sac, doing hammerhead, private roads, but there as no way around it. Including the size to 50 feet as mentioned, we can make that work. We have plenty of space and some have bigger lots to fit an additional two feet. Not too concerned about that portion of it. The gross residential density is about 5.7 dwelling units per acre, which is pretty much in line with what we are asking for. We have -- you know, this is just a picture of the site. The site right now -- it's -- you know, it's a mess. There is an abandoned house and is -- is moving everything out, just clean it up, trying to get a little bit more pleasant. As we showed, the common area is going to be along the canal. We are going to have a sidewalk all along the common area connecting the foot bridge that connects to the Foxcroft Subdivision to the northeast and, then, it's going to tie into the Union Pacific Railroad, which my understanding is going to be a future path in the long range plan of the City of Meridian. Here is some --just some elevations. We have done this elevation in other places. We understand we are trying to make some side load garage. That's beyond my understanding. I don't do houses. Don't understand houses. I'm sure that the architect may be able to come up with some solution. There is some really creative solutions out there. May not be all of them side loaded, but I'm sure we can get someone in there as requested. Just more picture of what they are proposing. It just -- the smaller houses designed for, you know, older gentleman like me that have no kids. So, that's -- that's the plan. Any questions? Seal: Okay. Any questions for the applicant or staff at this point? Okay. One -- one quick thing, Joe, for you. The 4,000 square foot lot that is -- that's nothing that could be an alternative compliance. I mean that is code; correct? Dodson: Yeah. That is correct. Mr. Chair, yeah. That's code. Can't get around the minimum lot size. Seal: Okay. And, then, the --the side load garages that was -- I mean is that, essentially, a best effort statement, more or less in the staff report, or is it more mandatory than that? Dodson: Mr. Chair, I actually made it a DA provision. So, if Commission wants to recommend that it be removed as a DA provision and more of a best effort, that -- understand. We are just trying to help with the off street parking issues and -- I mean you can't park in the cul-de-sac in general, but people tend to, so I was just trying to find a creative way to help get some longer driveways to have some more off-street parking for the residents and help maybe mitigate some of those issues that Chesterfield has stated that they already have. But, space permitting, it may or may not be allowed. So, if a DA provision isn't appropriate because it is so hard and fast, then, I could understand softening that. Seal: Thank you. Anybody else have questions for the applicant? Commissioner Lorcher? All right. Thank you very much. Conti: Thank you very much. Meridian Planning&Zoning Commission June 16,2022 Page 12 of 23 Seal: Okay. At this time we will move to the public testimony portion. Has anybody signed up? Hall: There is not. Seal: Nobody signed up and still nobody online I would imagine. Nope. Okay. With that if there is no other questions, applicant, do you have anything else to add it all? If not that's okay. And come back up and -- more than welcome to come back up. Conti: The only item, if I can request, is that the garage -- to make it look flexible. Just because it's that difficult lot, a difficult parcel. If you can make some flexibility and leave it up to staff to work out the final detail that would be appreciated. Seal: Okay. Conti: Thank you very much. Seal: Thank you, sir. Appreciate it. And with that can I get a motion to close the public testimony portion of file number H-2021-0001, Pinedale Subdivision. Stoddard: So moved. Grace: Second. Seal: It's been moved and seconded to close the public hearing for Item No. H-2022- 0001. All in favor say aye. Any opposed? Okay. Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: Who would like to chime in first? Grace: Mr. Chairman, just a discussion point. About the side loaded garages, are we being asked to put in a -- to approve the recommended DA provision which would preclude the ability to do that? Dodson: Mr. Chair? Seal: Go right ahead. Dodson: Sure. I will answer that for you, Commissioner Grace. That's right. I just want to make sure. It's currently a DA provision, so if-- if Commission agrees with it --whoever makes the motion agrees with that you would just say I recommend approval to City Council as presented in the staff report. If you want to modify that you would say I agree -- recommend approval with the following modifications and, then, you could state you recommend removing it as a DA provision or recommend being more specific that says four lots or only two lots or where applicable, something like that to soften it. We could Meridian Planning&Zoning Commission June 16,2022 Page 13 of 23 recommend removing it as a DA provision altogether and adding it as more of a plat condition, which is usually, in general, a little more flexible and, then, offer some of that flexibility in there as well. But it's already in the staff report as a recommendation, so if you don't want to offer flexibility you would have to modify it. Grace: Mr. Chairman. Right. I understand that piece. I'm just -- it's already in the staff report, but what does it do? What does it say? Dodson: Oh. It specifically states that the applicant shall include side loaded garages. Grace: Shall include them. Dodson: Yes. As a provision. Correct, Grace: Okay. Dodson: So, seven lots you -- you know, math -- you can't get all sideloaded garages there, but you -- if you wanted to further soften it you could just -- I think even adding where applicable would -- and per the discussion, myself and the applicant would work together to figure out where we can or cannot do that. Seal: And that -- that's where we -- generally speaking in the past when something like this comes up, if it's -- if there is a -- because there is a lot of moving parts to it where there --the cul-de-sac's actually going to get bigger, the lot lines are going to be adjusted, so -- I mean generally speaking, what we -- the way that we have worded it in the past is that the applicant continue -- continue to work with staff on the provision for, you know, whatever it happens to be. So, that way if -- that's -- when I have done that in the past that's my way of supporting staff, but understanding that -- that they understand that that might need to change just because of the amount of change that's coming forward. Grace: Right. And I think that's probably, Mr. Chairman, where I would fall is to not go toward the rigidity of including it, but giving some flexibility that they could work it out as needed. Personally that's where I am on it. Seal: Good. Parsons: Mr. Chair? Seal: Yes, sir. Parsons: This is Bill. Joe and I were having a sidebar conversation, too, and you certainly can strike that condition all together and just add a provision that they get design review approval for their homes prior to getting a building permit. We -- we have that authority in the code to do that. Typically we don't want to do that with single family homes, because it's not required, but this is annexation -- or a rezone annexation, so you have that ability for staff to work with the applicant on those home designs before they get to a Meridian Planning&Zoning Commission June 16,2022 Page 14 of 23 building permit and that way we can massage those elevations, make sure they are compatible with the surrounding developments and maybe curtailing some of those issues you may be having, whether or not homes fit on these lots or not. It's kind of that second chance of getting -- making sure something fits here. It's -- we will leave it up to how you want to proceed tonight, but just throwing out another option for you. Seal: Okay. Thank you. Commissioner Stoddard? Commissioner Lorcher, is -- anything to add? Lorcher: Mr. -- Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: I appreciate the builder continuing to revise to make best use of the space. It's so tiny at one, 2.2 acres, taking out the shared driveway is a big improvement and having all of the units on the cul-de-sac where they have individual access I think is key. I lived in a -- on a cul-de-sac in Parkside Creek previously and the more driveway space you could have the better, because all those driveways spill on to each other with no landscaping in between many times and so if there is multiple cars, having a bigger driveway will be key to keeping that cul-de-sac clear. Seal: I would one hundred percent agree with that. That -- that is the one concern that I have is I always think of the, you know, Super Bowl weekend parties and things like that where you get two or three of those houses that decide to have an event like that and the next thing you know parking is a big issue where generally speaking on any given night it's not necessarily going to be. So, that and the service vehicles that have to go through there, if there is anything -- one vehicle on the street in a cul-de-sac can cause that to become less than fun for the service vehicles that need to get in there. Thank you. Anybody else? I will take a motion. Anybody? Grace: Mr. Chairman, I have been writing. I will make an attempt. Seal: Commissioner Grace, go right ahead. Grace: Mr. Chairman, after considering all the staff, applicant, and public testimony, I move to recommend approval of City Council -- to the City Council of file number H-2022- 0001 as presented in the staff report for the hearing date of June 16th, 2022, with the following modification: That would be to relax the requirement of the DA provision regarding the side loaded garages in favor of allowing the applicant flexibility to work through those issues with staff. Seal: Second from anyone? Stoddard: Second. Meridian Planning&Zoning Commission June 16,2022 Page 15 of 23 Seal: It's been moved and seconded to approve Item No. H-2022-0001, Pine Pinedale Subdivision, with the aforementioned modification. All those in favor, please, say aye. Any opposed? Okay. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. 4. Public Hearing for Lot 8 Retail Building (H-2022-0034) by Larson Architects, located at 3333 W. Chinden Blvd. A. Request: Conditional Use Permit for a drive-through establishment within 300 feet of another drive-through facility on 0.9 acre of land in the C-G zoning district. Seal: All right. At this time I would like go ahead -- like to open Item No. H-2022-0034 for Lot 8 Retail Building and we will begin with the staff report. I will slow down a little bit. No. Parsons: Thank you, Mr. Chair. Seal: Thanks, Bill. Parsons: I'm -- I'm covering the next two items for Sonya this evening. She had some prior engagement, so I was happy to fill in for you this evening. So, both of these projects that you will be hearing are pretty much similar to one another. They are right next to each other in the same development, so in the interest of time and just making everything expeditious for us this evening I will go into a little bit more detail probably in this CUP, but just know some of that will carry over into the next presentation in a more brief version, so that we can have you act on both these applications this evening. So, the first CUP tonight is for Lot 8 Retail Building and the reason why this conditional use permit is in front of you this evening is because it's within 300 feet of another drive through. If you had a chance to read the staff report, we did note that with the -- this CUP and the one you will be listening to next hearing item, there will be a total of six in this Costco development. So, there is quite a few happening -- quite a few drive throughs happening in this development, which is kind of a common theme these days with what's been happening in the last several years. So, this particular site sits on 0.9 acres of land. It's currently zoned C-G and it's located at 333 West Chinden Boulevard. If you -- if some of you recall this property was annexed in 2018 with the Lost Rapid Subdivision annexation and the current comprehensive plan designation for the property is commercial, which that C-G zone is consistent with that designation. On the screen before you it does show you the revised landscape -- or site plan and the landscape rendering for the proposed lot. I would mention to the Commission that -- if you can see my cursor here and if you had a chance to look at the previous exhibit, the lot lines don't quite marry up to the current configuration of the property. We did note in the staff report that these two lots will have to go through what we call an administrative property boundary adjustment to change the configuration of the property. So, the way you see these lots -- or the way of these sites are designed tonight they are not actually the way they are configured now, but they will Meridian Planning&Zoning Commission June 16,2022 Page 16 of 23 go through that process if they get approval tonight to change the boundary of those lots in order to meet these new -- these configurations that you see. UDC does require that the applicant provide adequate stacking and comply with UDC 11-4-3-11 . If you had a chance to look at the staff report we did -- the site -- this particular site does comply with those drive through standards. You will also note that there is a -- those lot lines are shared for -- have shared access, so there will be cross-access between both properties as well. The applicant does have to address some pedestrian connectivity. That's one of the requirements of our drive through standards is that they have safe pedestrian access and they need to demonstrate that on a site plan. Not only does this one have it, but so does the next one and so I have -- in earlier -- previous e-mails today I did -- we did get a correspondence that they are working those issues out and as they go through that certificate of zoning compliance with staff, they should address some of those concerns moving forward. So, we are pretty confident that that can be accomplished between the two properties here. You can see here that this particular lot will house a multi-tenant building and, then, the drive through is on the westernmost tenant space and it will be a -- a restaurant use. Staff did analyze the parking against UDC standards, because this is a -- a food service facility we are going to apply the more restrictive parking standards for restaurants, which is one per 250 square feet of gross floor area and this site, again, does exceed UDC standards. Here are the building elevations. I have -- I have worked with the applicant for many years, so I have no doubt as they go through the process with staff that they will meet the architectural standards manual and we will, again, verify that at staff level if they get approval tonight. I have had a chance to look at the public record. There was no public testimony on this application and we did receive a response from the applicant in agreement with the conditions of approval. With that I will conclude my presentation and stand for any questions. Seal: All right. Thank you, Bill. Would the applicant like to come forward? Good evening, sir. If you could give us your name and address for the record and the floor is yours. Larson: Yes. Good evening, Mr. Chairman, Members of the Planning and Zoning Commission. My name is Cornel Larson. My address is 210 Murray in Boise, Idaho, and I'm here tonight representing the applicant on the project. Bill did an excellent job of presenting the -- the staff report and we are in agreement with the staff report. We would be happy to answer any questions if you have those, but at this point in time we are okay to move forward. We do have the engineer working on the lot line adjustment that was mentioned and we have adjusted the site plan to most of the staff conditions. We have a few other ones with the adjacent lot we may need to address, but we can work through that. Seal: Okay. Thank you very much. Is there any questions for the applicant? All right. Thank you very much. Appreciate it and we will see -- Madam Clerk, do we have anybody -- public -- anybody signed up for public testimony? Hall: No, there is not. Meridian Planning&Zoning Commission June 16,2022 Page 17 of 23 Seal: All right. If anybody in Chambers would like to come up. I saw a hand. No? Okay. Waving Bill to come up, because he's already talked, so -- all right. Seeing none, if the applicant has nothing further to add you can signify no. Okay. Thank you, sir. Any questions for the applicant or staff from any of us before we close the public hearing portion? Grace: Mr. Chairman, just a quick question for staff. The picture on the site plan revised that I'm looking at here, those -- it looks -- you said that the window -- the drive-through window is on the west end of that building. What's -- what's the remainder of the building going to be? Is it -- is it all the same establishment? Parson: Mr. Chairman, Members of the Commission, we don't know at this point. All we know is that the one tenant is at this west side of the building. It could be anything from retail to whatever is allowed in the C-G zone and that's why when I was presenting to you I had mentioned that we used the more restrictive parking standards to make sure that there -- there are additional restaurant uses going in there that we have accounted for that additional parking. Grace: Okay. Parsons: So, we have taken the worst case scenario, but I think the applicant may be better suited to answer that question. Seal: Go ahead. Larson: This is Cornel Larson again. The tenant on the west end we have worked a lease on going with an ice cream facility, so we anticipate it being a little bit of a low traffic condition since it is ice cream. The other one would be a bulk furniture type of tenant that would be on -- on the east side of that -- or the three bays on the east side. In addition, we actually designed the parking and the layout so that if the whole building did go to a restaurant at one time we would have adequate parking for that and that's been an ongoing discussion in the City of Meridian about adequate parking for restaurants for a few years. So, we have tried to address conditions that we could at this point in time. Seal: Okay. Thank you very much. Grace: And, Mr. Chair, I was just trying to inquire that whoever does -- whatever tenant does move in there there that occupy, that they -- they take that subject to knowing that there is a -- a drive through around the building. Seal: Right. Grace: So, as long as they are aware, yeah. Seal: Yeah. It looks pretty similar to the layout of one of the other establish -- or the buildings that are there that has drive through on the end and, then, other businesses that Meridian Planning&Zoning Commission June 16,2022 Page 18 of 23 are already there. So, it's -- there is already something like this established over there on the Ten Mile side of it. And it seems to work okay so far. As far as I know. Quick question for staff. The -- the pedestrian traffic study, I mean, essentially -- or pedestrian traffic safety, we don't have to do anything special in a motion to ensure that that's included, that's already included in the staff report as a recommendation and it will be handled? Okay. Parsons: That is correct, Mr. Chairman. Seal: Excellent. Just wanted to make sure of that. Parsons: On this particular application, yes. Seal: On this one. Okay. Good -- good note there. With that if I can -- and if there is no other questions, can I get a motion to close the public hearing for H-2022-0034. Lorcher: So moved. Stoddard: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2022- 0034. All those in favor say aye. Any opposed? Okay. Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: All right. If there is any -- anybody wants to add anything further or we can just move right to a motion for this one. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go right ahead. Lorcher: I'm going to go ahead with a motion. Seal: Okay. Please do. Lorcher: After -- after reviewing all staff report and public testimony, I motion to approve File No. H-2022-0034 as presented in the staff report with no modifications. Stoddard: Second. Seal: Okay. It's been moved and seconded to approve Item No. H-2022-0034. All those in favor, please, say aye. Any opposed? Okay. Motion carries. Thanks, sir. MOTION CARRIED: FOUR AYES. THREE ABSENT. Meridian Planning&Zoning Commission June 16,2022 Page 19 of 23 5. Public Hearing for Slim Chickens (H-2022-0028) by Larson Architects, located at 3369 Chinden Blvd. A. Request: Conditional Use Permit for a drive-thru establishment within 300 feet of another drive-through facility on 1 .13 acres of land in the C-G zoning district Seal: All right. Bill, do you want to do -- I won't call it part two. Parsons: Yeah. Let's do part two. CUP part two. Seal: Excellent. Parsons: So, the last item on the agenda tonight is the Slim Chickens conditional use permit. So, this is the parcel just directly to the west of the one you just acted on. This site will consist of 1.13 acres and it's again zoned C-G and it -- it's located -- the address is 3369 West Chinden Boulevard. Again, a lot of the --the public testimony that I provided -- or at least the staff report I gave you on the last one applies here as well. You can see here where the property line is changing, so that they can accommodate some of that additional parking for this particular restaurant use. This building will be a single tenant, approximately 3,000 square feet and, again, it is a restaurant use, so we did apply that same parking ratio, one per 250 square feet, which this site will have 35 total parking spaces in excess of UDC standards. Probably the -- the biggest concern that staff had with this particular layout was just the pedestrian -- demonstrating that pedestrian safety. Sonya did note that in the staff report and asked you guys to weigh in on that topic, whether or not the applicant has done adequate pedestrian circulation on the site. As I mentioned to you, did receive an e-mail from the applicant today that they are, again, working with the adjacent property owner to mitigate some of that concern. I would mention to you that staff did recommend that we had some additional pedestrian signage going in this landscaping to help mediate some of that concern and let ongoing traffic -- that stacking in this lane to watch for pedestrians that may cross along the stacking lane here and, then, the applicant also changed their elevations and added this vestibule and, then, had a doorway on the north side and south side of that vestibule, so that they would facilitate pedestrians coming from the walkways that they are providing along -- along -- excuse me. Using those sidewalks that are along the east side of the building. So, I think from our perspective, as long as there is additional signage and the applicant's working with the owner to the -- to the east, I think we can probably get there. But, again, staff did ask that you weigh in on that and whether or not you felt there was adequate safe -- pedestrian safety happening on the site as well. The applicant is in agreement with the conditions of approval. They did reach out to staff and ask about some additional speakers within the patio area. We let them know that there was really no approval processes as part of tonight's deliberations and, then, they have some deficient landscaping that they can work with staff on through the alternative compliance process. So, they are -- they are aware of what they can do moving forward if they get an approval tonight. So, with that I will just conclude my presentation and stand for any additional questions. Meridian Planning&Zoning Commission June 16,2022 Page 20 of 23 Seal: Thank you. Applicant like come forward, please. Need your name and address for the record and the floor is yours. Thank you. Pengra: Certainly. Thank you, Planning Commission. My name is Chris Pengra, the applicant. I live at 9398 North Bell Street in Eagle Mountain, Utah. So, we came up here to be with you this evening. I'm a planning commissioner for the city that I live in, so I appreciate your time and also I understand that I am the only thing standing between you and getting back to your family, so I will keep it really brief. One, just -- since there was some correspondence going back and forth with staff today, we have been able to work through all of those items with our engineer and, essentially, we are in agreement with all of the conditions as presented in the staff report. So, we don't have anything. We can -- we can address any remaining issues that the staff identified. And, then, we have been working with the -- with the property owner next door to put in that pedestrian access. Then I had a -- a very few slides. Let's see. I don't know if those slides will be shown, but I will just tell you very briefly, Slim Chickens is a brand that's brand new to Idaho, so this -- this will be the first store in Idaho. It's a pretty rapidly growing brand. They are in quite a few other states. Have got about 200 stores right now and high quality chicken and southern hospitality. So, we focus on as friendly service as we can possibly give and we focus on really high quality chicken tenders. A little bit different than what you get with a lot of other restaurants that -- that are chicken based and we -- we try to build a really nice product. So, you will see from the -- from the elevations the architecture is a little bit unique. We try to build nice buildings that are aesthetically pleasing and offer an environment where families are happy to come and have a meal and, then, the last thing is we are a family run group, so we are a family restaurant holding company. You see pictures of us there. A couple of close friends that are nonmanaging partners and, then, my father-in-law and my brother-in-law and -- and we are excited to bring something new to the community. That's my -- that's my presentation. How do I do? Seal: Perfect. Pengra: Okay. Seal: Thank you much. Do we have any questions for the applicant? Or staff I should say? Commissioner Lorcher, do you have anything? Lorcher: I'm good. Seal: Okay. Anybody in Chambers? No? Madam Clerk, do we have anybody signed up for public testimony? Hall: We do. Seal: Okay. Hall: We have three people, but I do believe they are the applicants. I have a Christian Michaelson, Chris Pengra, okay, and Josh Richardson -- or Richards. Meridian Planning&Zoning Commission June 16,2022 Page 21 of 23 Seal: That's okay. Hall: That's what I thought. Okay. Seal: I did the same thing for my confirmation, so -- if anybody else in Chambers would like to testify raise your hand and come on up. No? All right. Seeing no public testimony, no questions -- applicant, was there anything further you would like to add? Signifying no. So, I will take a motion to close the public hearing for H-2022-0028. Grace: So moved, Mr. Chairman. Stoddard: Second. Seal: It's been moved and seconded to close the public hearing -- public hearing for File No. H-2022-0028. All in favor, please, say aye. Any opposed? MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: Okay. Does anybody have anything to add on this? I mean the one thing that we have here is the pedestrian safety. It looks like they are -- to me it looks like they are complying with everything that's been recommended, so it is a little concerning in some respects. I mean if-- you know, if it gets really really busy there are going to be cars that are going to be stacking there and people will have to walk across that drive aisle in order to get there, but -- I don't know. I guess that just depends on how busy it is, so -- Grace: And -- and I apologize, Mr. Chairman, maybe I -- when you opened it up for questions to staff maybe I should have asked the question, but what -- it looks like it -- it says at a minimum staff recommended signage. What other options are available? Seal: Bill, go -- feel free to -- feel free to answer that. Parsons: Well, Mr. Chairman, Members of the Commission, I think that's what I tried to speak to is if you look at this -- and this is a quick plan that was put together, so it doesn't quite represent the elevations here, but you can see originally the doors had folks coming in straight into the site and that's where this applicant was able to change their design, put that vestibule on and, then, modify the entrances into the restaurant portion of the building so you are not having to enter straight on across the drive aisle, you can actually go around and, then, hit some pedestrian access -- walkways to get into the building. So, to me I felt like -- personally for me it sounds like they are meeting what I would look for as a planner and adding that signage saying watch for pedestrians makes a lot of sense to me. So, that's why staff -- we just wanted to pose that to you that we have -- we -- we feel like it's there, but we just want to make sure you understand where we are coming from with the additional signage and that we -- there is some concerns to have the two crossings as showing on this plan along here along the north, particularly in this area. I think some of -- to me I like this one a little bit better, because at least the cars are facing north and you can see the pedestrians coming down through the driveway. One's a little Meridian Planning&Zoning Commission June 16,2022 Page 22 of 23 bit more problematic to me. If I had another suggestion for the applicant I would ask them to be mindful of what they are doing with this landscape island. If they were to lose one parking stall and they would eliminate -- they wouldn't need that, because they wouldn't exceed 12 parking stalls in a row and, then, they wouldn't have that landscaping that could block visibility for people as well. So, again, there is --there is little tweaks we could do to sit here and finesse that, but I think signage goes a long way and just by them addressing the building design I think helps quite a bit as well. Seal: Okay. Thank you, Bill. Appreciate that. And with that does anybody else have anything to add? The only thing that I thought is this was going to be -- because it's called Slim Chickens that they would be -- the logo would be Slim Pickens dropping out of an airplane on a chicken. That's the first thing that came to my mind, so I will just apologize for that. Grace: That changes everything, Mr. Chair. Seal: It does change everything. Absolutely. So, if anybody would like to take a stab at a motion I'm all ears. Lorcher: Mr. Chair, what is the -- what is the number of the -- Seal: This is H-2020-0028 and it is a conditional use permit, so we are approve or deny. Lorcher: Mr. Chair, I will take a stab at a motion. Seal: Feel free. Lorcher: After reviewing staff report and all public testimony, I motion to approve file number H-2022-0028 as presented in the staff report, with no modifications. Stoddard: Second. Seal: It's been moved and approved to -- it's been moved and seconded to approve Item No. H-2022-0028 for Slim Chickens. All those in favor, please, say aye. Any opposed? Okay. Motion carries. Thank you very much. Appreciate it. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: All right. That was the last thing on there, so can I, please, get one more motion. Grace: Mr. Chairman, I would move to adjourn. Stoddard: Second. Seal: It's been moved and seconded to adjourn. All in favor say aye. Any opposed? Motion passes. Thank you very much. Meridian Planning&Zoning Commission June 16,2022 Page 23 of 23 MEETING ADJOURNED AT 7:04 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED 6 30 1 2022 ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Item 1. 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 2, 2022 Planning and Zoning Commission Meeting Meridian Planning&Zoning Commission Item 1. June 2,2022 F40 Page 37 of 37 1 was like, well, provide public testimony and -- but -- but reading the newspapers or listening to the radio, it's going to be part of our everyday life as citizens as well, so -- Starman: Yeah. I think that's a fair comment. So, a couple thoughts that -- that sparked for me. So, you know, one is you are -- you know, all residents of the community, you -- and you are active and engaged residents and so, yeah, you are expected to read the newspaper, listen to the -- you know, the news and that type of thing and we would encourage you to do so. That's not a problem at all. You know, the issue is more -- so no -- no problem in that regard. You know, the issue really is -- is more substantive conversations with a particular individual that might be in front of you, you know, as part of an application approval process. So, those are the --those are the issues that we need to be mindful of. So, that's kind of the gist -- you know, again, I appreciate Caleb's comment. If you ever have a question about -- that's one of the things you can talk about in the abstract, but, you know, until you actually kind of deal with the real issue it's -- it doesn't become -- it becomes more concrete when you have a real issue. So, you know, if and when that day comes for you, feel free to -- to reach out. I'm happy to chat with you about that. Caleb, other planning staff. So, we are -- we are always happy to assist, but I just want to sort of take the opportunity tonight to kind of re-cover some of those -- to re-cover that topic I guess in the sense of the importance of that term of quasi-judicial proceedings and why it's important, because we have Constitutional provisions that trump everything else and can become topics in litigation and have for Meridian in particular. We have had issues like that that have become, you know, one of many different arguments during litigation. So, we try to be -- you know, play by the rules and we try to -- to nip the things in the bud before they become a problem. All right. Thank you. Seal: Thank you very much. Appreciate it. All right. I think that was the end of what we are providing here for training tonight, so I will take one more motion. Grace: Mr. Chairman, I would move we adjourn. Yearsley: Second. Seal: It's been moved we adjourn. All in favor say aye. Any opposed? All right. Thank you very much. MEETING ADJOURNED AT 8.11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E K IDIAN:--- iuAn Planning and Zoning Presentations and outline Changes to Agenda: None Item #2: Pickleball Court (H-2022-0025) Application(s):  Annexation and Zoning and Preliminary Plat Size of property, existing zoning, and location: This site consists of 4.58 acres of land, zoned RUT in the County, located at the northeast corner of Joy Street and W. McMillan Road. History: N/A Comprehensive Plan FLUM Designation: Medium Density Residential (MDR, 3-8 du/ac) Summary of Request: Request for Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning district and a Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots on 4.58 acres of land in the requested R-4 district. The subject 4.5 acres currently contains a barn or other agricultural building or two; the previous home appears to have been removed according to the latest aerial imagery. The subject site is abutted by two public roads; McMillan Road to the south and Joy Street to the west. Abutting to the north and east property lines are two existing R-4 developments, Vicenza Subdivision to the east and Summerwood Subdivision No. 2 to the north. The subject property is designated as Medium Density Residential on the future land use map consistent with existing development to the east and north. Proposal for 14 building lots on 4.5 acres of land constitutes a gross density of 3.06 units per acre, nearly the minimum density allowed within the MDR designation. The minimum building lot size proposed is 8,000 square feet which is the minimum lot size for the requested R-4 zoning district. The adjacent developments are of similar density and lot size which make this project consistent with the existing development; with the existence of Joy St. along the entire west boundary, subject project should act as a transition towards the higher density approved at the corner of Black Cat and McMillan and the underdeveloped properties in between. Access is proposed via a new local street connection to N. Joy Street, an existing local street that connects to W. McMillan Road, an arterial street. Access to all proposed homes is shown from new local street that ends in a cul-de-sac near the north boundary. No opportunity for a future stub due to existing development and no existing stub to property from existing development. The Applicant is required to dedicate additional right-of-way for W. McMillan Road and widen the paved surface area adjacent to the site. Applicant is also required to reconstruct Joy Street as ½ of a 33-foot wide local street section abutting the site. ACHD has approved the proposed road connections and layout and Staff also supports the proposed road layout. The subject project is less than 5 acres in size, therefore the UDC does not require compliance with the qualified open space standards in UDC 11-3G. However, the applicant is proposing some open space which Staff has analyzed. Applicant is showing three main areas of open space: 1) the required street buffer along McMillan; 2) an open space lot along the north boundary of the project (Lot 12), and; 3) an additional grassy area in the southeast corner of the site noted to be a future gravity irrigation holding pond. The Applicant should add an exhibit and more detail to the landscape plan that shows how this “pond” will be constructed and what it will look like to ensure compliance with UDC standards. Within the Lot 12 open space lot along the north boundary, the preliminary plat has a notation that a pickleball court will be present. The Applicant should revise the landscape plans to depict this proposed amenity and its location but the Applicant has requested flexibility in the type of sports court to be installed. Therefore, the Applicant has requested a modification to Staff’s recommended DA provision regarding the proposed amenity. Staff supports the flexibility. Written Testimony: None as of 8:30am Staff Recommendation: Approval – Staff finds this annexation and proposed project is generally consistent with the comprehensive plan and is a logical expansion of City zoning. 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- 2022-0025, as presented in the staff report for the hearing date of June 16, 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- 0025, as presented during the hearing on June 16, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0025 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: Pinedale Subdivision (Remand) (H-2022-0001) Application(s): Annexation and Zoning, and Preliminary Plat Size of property, existing zoning, and location: This site consists of 1.22 acres of land, zoned RUT, located at along the railroad corridor west of Ten Mile and at the terminus of Newland Street at the southeast corner of Chesterfield Subdivision. History: N/A Comprehensive Plan FLUM Designation: Mixed-Use Community Summary of Request: Annexation and Zoning of 1.22 acres of land with a request for the R-8 zoning district and a Preliminary Plat for 7 detached single-family building lots and 1 common lot. Applicant has revised plat multiple times to address concerns noted within the staff report and by Commission – Commission recommended denial to City Council for 9 lots with a common drive and the R-15 zoning district in April 2022. Applicant is proposing to construct detached single-family dwellings at a gross density of 5.74 du/ac, an average lot size of 4,399 square feet (previously 3,222) and a minimum lot size of 4,029 square feet (previously 2,257). Proposed use is a permitted use within the requested R-8 zoning district and all lots appear to meet UDC dimensional standards. Access is proposed via extension of W. Newland Street (an existing residential local street) into the site and is proposed to terminate within the site as a full cul-de-sac. The existing access is from a private access across the Tenmile Creek to a previously private segment of Pine Avenue to the northeast of the site. This access will be terminated upon development. ACHD has previously approved the proposed access with the additional condition that the radius be widened to 50 feet instead of 48 feet as currently shown. This may reduce the lot size of Lot 6 below the minimum 4,000 square foot size. Staff finds that if this is the case, there is room to modify the lot lines to ensure continued compliance with the requested R-8 zoning district. Tenmile Creek runs along the entire east property line and requires a 100’ total easement width (50’ on each side from centerline of creek) which encumbers the buildable area of the property. Due to the encumbrances on the property (irrigation easement and cul-de- sac), Staff has included a DA provision requiring side loaded garages where possible. This type of design can force longer driveways that go deeper into each site which allows for more off-street parking. This design also creates an opportunity for the living area of each home to be moved closer to the street as the living setback is 10 feet while the garage setback is 20 feet; this allows for more buildable area than is shown on the submitted plat. However, Staff notes the building lots may not be wide enough to accommodate the required parking pad for side-loaded garages. The Applicant should work to mitigate these issues and revise the plat accordingly unless Commission or Council remove Staff’s recommended DA provision requiring this. Written Testimony: 13 pieces of testimony for previous proposal – all stating the same issues with the proposed project of too much density which will impact traffic, safety, and not matching existing development to the west. 1 piece of testimony for Remand – discusses objection to 12 lots which is not being proposed with remand plat. Staff Recommendation: Staff recommends approval of subject applications with the conditions of approval noted. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2022-0001, as presented in the staff report for the hearing date of June 16, 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- 0001, as presented during the hearing on June 16, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #4: Lot 8 Retail Building (H-2022-0034) Application(s): CUP Size of property, existing zoning, and location: This site consists of 0.9 acre of land, zoned C-G, located at 3333 W. Chinden Blvd. History: This property was annexed as part of the Lost Rapids project & included in the DA and subdivision plat. Comprehensive Plan FLUM Designation: Commercial Summary of Request: A 5,070 s.f. multi-tenant retail building with a restaurant (i.e. dessert establishment) & a drive-through is proposed on a 0.9-acre property in the C-G zoning district. Retail and restaurant uses are listed as principal permitted uses in the C-G zoning district; however, a drive-through requires approval of a CUP when it’s within 300’ of another drive-through facility, an existing residence or a residential district. In this case, two other drive-through establishments exist within 300’ of the property – Dutch Brothers Coffee to the west & Burger King to the southeast; there are no existing residences or residential districts within 300’ of the property. Note: All (i.e. 6 out of 12) of the perimeter commercial lots in this development that have applied for development permits so far have drive-throughs associated with them. The proposed use and development plan is in substantial conformance with the provisions in the existing Development Agreement. Because the configuration of the property depicted on the plans does not match that of Lot 7 shown on the recorded plat for the subdivision, a property boundary adjustment application is required to be approved prior to issuance of a building permit for this property. There are specific use standards in the UDC that apply for both the restaurant & the drive-through use. A greater amount of off-street parking is required for restaurant uses at 1 space per 250 s.f. of gross floor area. Based on this standard, a minimum of 20 spaces are required; a total of 33 spaces are proposed, in excess of this standard. A shared access with the adjacent property to the west is proposed from the driveway along the southern boundary of the site; direct access via Chinden Blvd. is prohibited. Because the drive-through is over 100’ in length, an escape lane is required & is proposed after the ordering point at the northeast corner of the building. The drive-through window is proposed to be located on the north at the west end of the building & is visible from Chinden Blvd. for surveillance purposes. The drive-through will provide stacking for approximately 9 vehicles. The site plan submitted for drive-through establishments is required to demonstrate safe pedestrian & vehicular access and circulation on the site & between adjacent properties. Safe pedestrian access is required to be provided to the property to the west and from the perimeter sidewalk along Chinden to the main building entrance – the revised site plan shows pedestrian walkways in both locations; pedestrian access is not required to the east because a fuel facility exists on that site. Perimeter buffers and landscaping are required in accord with UDC standards per the conditions of approval. Conceptual building elevations were submitted as shown for a single-story building that incorporates a mix of materials consisting of stucco, horizontal siding, manufactured stone, windows & metal roofing. The final design shall be consistent with the design standards listed in the Architectural Standards Manual. Written Testimony: Cornel Larson, Larson Architects (in agreement w/staff report) Staff Recommendation: Approval Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0034, as presented in the staff report for the hearing date of June 16, 2022, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0034, as presented during the hearing on June 16, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0034 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #5: Slim Chickens (H-2022-0028) Application(s): CUP Size of property, existing zoning, and location: This site consists of 1.13 acres of land, zoned C-G, located at 3369 W. Chinden Blvd. History: This property was annexed as part of the Lost Rapids project & included in the DA and subdivision plat. Comprehensive Plan FLUM Designation: Commercial Summary of Request: A 3,103 s.f. restaurant with a drive-through is proposed for Slim Chickens on a 1.13-acre property in the C-G zoning district. A restaurant is a principal permitted use in the C-G zoning district; a drive-through requires approval of a CUP when it’s within 300’ of another drive-through facility, an existing residence or a residential district. In this case, (2) other drive-through establishments exist within 300’ of the property – Dutch Brothers Coffee to the west & Burger King to the southeast along Ten Mile Rd.; there are no existing residences or residential districts within 300’ of the property. Note: All (i.e. 6 out of 12) of the perimeter commercial lots in this development that have applied for development permits so far have drive-throughs associated with them. The proposed use and development plan is in substantial conformance with the provisions in the existing DA. Because the configuration of the property depicted on the plans does not match that of Lot 7 shown on the recorded plat for the subdivision, a property boundary adjustment application is required to be approved prior to issuance of a building permit for this property. There are specific use standards in the UDC that apply for both the restaurant & the drive-through use. A greater amount of off-street parking is required for restaurant uses at 1 space per 250 s.f. of gross floor area. Based on this standard, a minimum of 12 spaces are required; a total of 35 spaces are proposed, in excess of this standard. A shared access with the adjacent property to the east is proposed from a driveway along the southern boundary of the site; direct access via Chinden Blvd. is prohibited. The site plan submitted for drive-through establishments is required to demonstrate safe pedestrian & vehicular access and circulation on the site & between adjacent properties. Safe pedestrian access is required to be provided to the property to the east. Staff is concerned the (2) northern parking spaces on the east side of the site adjacent to the drive-through may present traffic conflicts between vehicles exiting the drive-through on the adjacent property to the east & vehicles trying to park or exit those parking spaces; therefore, Staff recommends either restricting those spaces to employee parking only, signed accordingly, or removing those spaces. Staff is also concerned with the safety aspect of having two (2) pedestrian crossings across the vehicle stacking area for the drive- through – one is required by the UDC from the perimeter sidewalk along Chinden to the main building entrance & the other is proposed for access to the building from the east parking area. At a minimum, Staff recommends signage be installed ahead of each crossing warning drivers to watch out for pedestrians. The Commission should determine if this adequately mitigates the safety concerns associated with the proposed site design in order to approve this application or if additional mitigation is needed. Because the drive-through is over 100’ in length at approximately 275’, an escape lane is required & is proposed after the (2) ordering points in the drive-through. The drive-through is proposed to be located on the west side of the building & is visible from Chinden Blvd. and the driveway along the west boundary of the site. The drive-through will provide stacking for approximately 16 vehicles, which should be adequate to serve the use at its busiest times & prevent obstruction of internal drive-aisles. Conceptual building elevations were submitted as shown for a single-story building that incorporates a mix of materials consisting of fiber cement board lap siding and trim, windows, brick, and metal roofing. The final design shall be consistent with the design standards listed in the Architectural Standards Manual. Written Testimony: Chris Pengra, Applicant Staff Recommendation: Approval Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0028, as presented in the staff report for the hearing date of June 16, 2022, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0028, as presented during the hearing on June 16, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0028 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Planning and Zoning Commission June 16, 2022Meeting Item #4: Lot 8 Retail Building Aerial MapZoning Map CUP- Landscape PlanSite Plan (Revised) Rendering Building Elevations Conceptual Site Plan Showing Both Sites Item #5: Slim Chickens Aerial MapZoning Map CUP- Site & Landscape Plan Building Elevations Item 2. 41 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Pickleball Court Subdivision (H-2022-0025) by The Land Group, Inc., Located at 4050 W. McMillan Rd. at the northeast corner of N. Joy Street and W. McMillan Rd. A. Request: Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning district. B. Request: A Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots on 4.58 acres of land in the requested R-4 zoning district. Item 2. F42 (:�N-WE IDIAN:-- IDAHO PUBLIC HEARING INFORMATION Staff Contact: Joe Dodson Meeting Date: TBD Topic: Public Hearing for Pickleball Court (H-2022-0025) by The Land Group, Inc., Located at 4050 W. McMillan Rd. at the northeast corner of N. Joy Street and W. McMillan Rd. Request: 1. Request: Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning district. 2. Request: A Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots on 4.58 acres of land in the requested R-4 zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing PUBLIC HEARING SIGN IN SHEET DATE: June 16, 2022 ITEM # ON AGENDA: 2 PROJECT NAME: Pickleball Court Subdivision (H-2022-0025) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 10 11 12 13 14 Item 2. ■ STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/16/2022 Legend g � � I DATE: Project Location ® 4, 0 �Oki TO: Planning&Zoning Commission ; t FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2022-0025 - - Pickleball Court Subdivision ® ® MTn1 I V LOCATION: Located at 4050 W. McMillan Road, at � ®n the northeast corner of N. Joy Street and ® ® � W. McMillan Road,in the SE 1/4 of the "" """-"- -; SW 1/4 of Section 27,Township 4N, �E Range 1 W. 1 ♦ I. PROJECT DESCRIPTION Request for Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning district and a Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots on 4.58 acres of land in the requested R-4 district,by The Land Group. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—4.96 acres; PP—4.58 acres Future Land Use Designation Medium Density Residential (MDR, 3-8 du/ac) Existing Land Uses County Residential Proposed Land Uses Detached Single-family Residential Lots(#and type; 18 total lots— 14 residential building lots and 4 bldg./common)) common lots Phasing Plan(#ofphases) 1 phase Number of Residential Units 14 single-family units Density Gross—3.06 du/ac.;Net—5.05 du/ac. Open Space (acres,total None required—Approximately 29,600 square feet of [%]/buffer/ ualified total open s ace proposed Neighborhood meeting date February 1, 2022 History(previous approvals) No application history with the City Pagel Item 2. 44 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via a new local street connection to N. Joy Street,an (Arterial/Collectors/State existing local street that connects to W. McMillan Road, an arterial street. Hwy/Local)(Existing and Access to all proposed homes is shown from new local street that ends in a Proposed) cul-de-sac near the north boundary. Stub I No opportunity for a future stub due to existing development and no existing Street/Interconnectivity/Cross stub to property from existing development. Access Existing Road Network No, except Joy Street and W. McMillan Road. Proposed Road The Applicant is required to dedicate additional right-of-way for W. Improvements McMillan Road and widen the paved surface area adjacent to the site. Applicant is also required to reconstruct Joy Street as '/2 of a 33-foot wide local street section abutting the site. Applicant is proposing a new local street to dead-end in a cul-de-sac. Fire Service • Distance to Fire 2.1 miles from Fire Station#2;project area will eventually be serviced by Station Fire Station 8, scheduled to be opened in late Summer 2023. • Fire Response Time The project lies inside of the Meridian Fire response time goal of 5 minutes. Once Station 8 is constructed,response times will be reduced in this area. • Resource Reliability Fire Station#2 reliability is 85%(above the goal of 80%) • Accessibility Proposed project meets all required road widths, and turnaround dimensions. Water&Wastewater • Impacts/Concerns • See Public Works Site Specific Conditions Page 2 dII111 1111 1 M �ME - • - • _ '�� � .Il��eis�r 11111►1� room nnu hill Ir a11e�:I ImIllrI J` • - • • • ��IIIr111r1I1I� J • - • • • I'.l ■ I.Irrrr111� d '�.611r[ = Trr millnl .III I1111 . �a . �� III' Io111 • - . - „ f - �: � • �. �. ,Inman nnooll I �- a .I 1 Irk. '- C:V' F.milli U .' I..►� II Ir�J IIII I111 U J IIIIIIIII-,,,��I�i111111 J nnininn= I�IIIII� o - o m I�II�II�II ��q■r�•, � °° MC L-A,N IYr■� numl uuun �_i _�_. - 11111111 11111� ,n.� .. 111111111 -�--� I = _-Li1n uul ul� m1 � •- ■111 G M IIIIII �.:� non, dnh11 IIIII - • - • IIl• n11 Inu1 -? - • - • nm.D nm Inu1 -? 11111 Irllllllll Illllll rill Illn�� rlllllll Ilnull rill ■ ■ Irni Inn Ilion Innq ..Ilrlrrlll Lrr Ih"I 1111I ll,R.111n► :I II IIII ..II - _ 111 11 11111 I iil � ♦ • -• •• ■ IIIIII Il u.an�.a:::o� Il G - mI lnno.11111 r r�QvT=iiiliiiinn nn� nnnu.11111 r _ -__ �.IIr�:IrIr1I V _ �■.IIr•�rIr1I '■ I- 101010 Illn� -111 --�! •11*�i■ : l��� RR (( �■IIIIII� JI!mi!iil}!� i.IIIIII UY���,,,,�I���■Iq m n�.i,,,����1�"I�"1 , ��+unnw ununl• � IYr■�� noon uuun ■ ��I � 11111111 11111� � y 11111111 11111� f �F -1111111111 Imp!�s ••1111111111 Imp--— a Illllllnh � � LIIIIIIII ��=� I um _=°=air I imI ==-.q ■ :: - -own u1n11� • -own �=unul'�■ � nn uullull��imnl �. -sego.a:I!tie aae� _J Imo•==°= m � • l' tNhrr N�rr►��i Item 2. 46 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/31/2022 Radius notification mailed to properties within 500 feet 5/26/2022 Site Posting 6/4/2022 Nextdoor posting 5/25/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridiancioy.or /g compplan) Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject 4.5 acres currently contains a barn or other agricultural building or two; the previous home appears to have been removed according to the latest aerial imagery. The subject site is abutted by two public roads;McMillan Road to the south and Joy Street to the west. Abutting to the north and east property lines are two existing R-4 developments, Vicenza Subdivision to the east and Summerwood Subdivision No. 2 to the north. The subject property is designated as Medium Density Residential on the future land use map consistent with existing development to the east and north. Due to the existing local street along the west boundary, the Applicant is proposing to take access from this street and close any existing access to McMillan, which is consistent with City code. The Applicant is proposing 14 building lots on 4.5 acres of land which constitutes a gross density of 3.06 units per acre, nearly the minimum density allowed within the MDR designation. The minimum building lot size proposed is 8,000 square feet which is the minimum lot size for the requested R-4 zoning district. The adjacent developments are of similar density and has building lots similar in size and also some that are larger than what are proposed with this project. There are no more than 2 building lots proposed adjacent to any single existing lot along the north and east boundaries and the Applicant has placed an open space lot along the north boundary and at the southeast corner of the site. Because the proposed development is consistent with the existing development to the east and north and no access to an arterial street is proposed,Staff believes annexing this land into the City is in the best interest of the City and is a logical expansion of City zoning and development so long as the Applicant adheres to Staffs recommended DA provisions and conditions of approval. Staff finds the proposed project to be generally consistent with the Comprehensive Plan, as discussed above. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA) in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA that encompasses the land proposed to be annexed and zoned with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Page 4 Item 2. 47 Council granting the rezone and annexation approval.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https:llwww.meridianciU.or /�compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Staff is not analyzing the project against any mixed-use policies but is instead analyzing the project against general policies as the project is being reviewed with the MDR designation. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density similar to the existing subdivisions to the east and north. Further, this property is part of a larger MDR area that is also redeveloping west of the site at the northeast corner of Black Cat and McMillan with smaller lot sizes than those proposed in Pickleball Court. Stafffinds the density and lot sizes proposed on the subject 4.5 acres to be an appropriate transition from the existing subdivisions to the remaining county parcels to the west and those smaller developing projects further to the west. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing stub street on its east boundary.Applicant is required to dedicate additional right-of-way for future McMillan Road improvements (upgraded from two to three lanes in the future). The future Fire Station 8 will improve the response times in this entire area of the City and Fire has approved the accesses for the proposed plat. West Ada School District has not sent a letter regarding this application but with a relative low number of homes a large number of school aged children is not anticipated to be generated by this development. In addition, Pleasant View Elementary School is within walking distance of the subject site so any children in that age group would be able to get to school safely. Stafffinds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0ID).Proposed project will construct attached sidewalks within the development as well as along the east side of the Joy Street for added pedestrian access to the north through the existing pedestrian facilities in Summerwood Subdivision and out to Gondola Street, a collector street with access to multiple subdivisions in this section of the City. Stafffinds the proposed pedestrian facilities show compliance with this policy. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction." (2.02.02F).As discussed, the Applicant is proposing lot sizes averaging over 8,000 square feet, significantly similar to those within the adjacent subdivisions to the east and north. Further, the Applicant is proposing a density at the bottom of the anticipated density in this area of the City. Stafffinds these aspects of the project makes for a project consistent with the existing development to the east but also most consistent with the remaining county residential parcels on the west side of Joy Street that have not yet redeveloped. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is proposing to construct a new local cul-de-sac street within the development for access to the proposed building lots. The new local street is proposed to connect to N. Joy Street, a county local street adjacent to the subject site. The Applicant is required to and is proposing to improve the existing right-of-way for Joy Street to include additional pavement, curb, gutter, and 5-foot wide attached sidewalks adjacent to the site. Further, the Applicant is required to construct 5-foot wide detached sidewalk along McMillan Road consistent with existing improvements to the east, Page 5 Item 2. ■ further extending the arterial street pedestrian facilities and safe pedestrian access to the commercial uses at the Ten Mile and McMillan intersection. In addition, the proposed road and pedestrian facility improvements will add to the safety of the underdeveloped county parcels that utilize Joy Street and Daphne Street, the local street that branches off and heads west of Joy at the northwest corner of the site. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: According to GIS imagery,there appears to be a couple outbuildings on the subject site. Any and all structures and debris are proposed to be removed upon development of this project. Furthermore,the existing access for this site is via a driveway connection to W. McMillan Road that will also be closed upon development.No other site improvements appear to be present. D. Proposed Use Analysis: The proposed use is detached single-family residential with an average lot size of 8,620 square feet and a minimum lot size of 8,000 square feet,based on the submitted plat(Exhibit VII.B). This use is a permitted use in the requested R-4 zoning district per UDC Table 11-2A-2 and all lots are shown to meet the minimum lot size requirement of 8,000 square feet and minimum street frontage requirement of 60 feet. The Applicant has noted the development is expected to develop as one phase due to the size of the proposed project. E. Dimensional Standards(UDC 11-2): The residential lots are shown to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). Some of the lot dimensions shown on the submitted preliminary plat do not compute to the minimum lot size of 8,000 square feet. Prior to the City Council hearing, the Applicant should ensure all lots meet the minimum lot size requirement for the requested R-4 zoning district. Staffs calculations of the lot dimensions depicted show many of the lots are slightly under the minimum lot size—there are multiple areas in the subject site design where the needed extra area can be obtained by adjusting lot lines so Staff is not concerned with the Applicant being able to comply with this dimensional standard. Per UDC 11-6C-3B.4, no dead-end street shall be longer than 500 feet. The subject project is proposed with a cul-de-sac as the only access to the proposed single family lots and is shown to be approximately 450 feet in length and compliant with this code section. In addition, the Applicant is proposing one(1) common drive in the southeast corner of the project for access to Lot 4. Lot 7 also abuts this common drive but is not shown to take access from it as required by UDC 11-6C-3D.S. With the final plat submittal, the Applicant should provide an exhibit that demonstrates Lot 7 taking access from the common driveway in accord with UDC standards. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any architectural standards. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding and fiber cement board and differing accent materials, roof profiles, and overall varying home styles. Page 6 Item 2. 49 G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via a new local street(shown as W. Riva Capri)connection to N. Joy Street approximately 200 feet north of the Joy and W. McMillan intersection. There are no existing stub streets adjacent to the site and Joy Street runs along the entire west boundary which is why the Applicant is proposing an access point to this local street and proposing Riva Capri to end as a cul-de-sac within the site, as shown on the submitted preliminary plat. Further, according to the proposed plat,Riva Capri is proposed as 33-foot wide local street with 5-foot attached sidewalks and Joy Street is shown to be improved with curb, gutter, and 5-foot wide attached sidewalk. The proposed street design complies with all UDC standards and ACHD conditions of approval. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,there is opportunity for on-street parking where there are no driveways because Riva Capri is proposed as a 33-foot wide street section. I. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along the new proposed local street.W. Riva Capri and along the east side of N. Joy Street,consistent with UDC and ACHD requirements. The proposed sidewalk dimensions also meet UDC 11-3A-17 and ACHD standards. The Applicant is also proposing 5-foot wide detached along W. McMillan road consistent with existing sidewalk to the east and UDC standards. Staff supports the proposed sidewalk facilities. According to the submitted plat and landscape plan, the proposed 5-foot detached sidewalk along McMillan directly abuts the ultimate right-of-way line. UDC 11-3B-7C.]a requires that all detached sidewalks shall have an average minimum separation ofgreater than four(4)feet to back of curb to allow for vegetative separation between the travel lanes and pedestrian facilities and to ensure these facilities are in fact detached from the vehicular right-of-way. In these instances, "back of curb"is in reference to the ultimate right-of-way line. Therefore, the Applicant should submit revised plans depicting the detached sidewalk to be at least 4 feet behind the future right-of-way line. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along W. McMillan Road,an arterial street,landscaped per the standards in UDC Table 11-3B-7C. In addition, a minimum 10-foot street buffer is required along the east side of Joy Street to ensure the abutting lots are not double fronting lots and should be landscaped per UDC 11-3B-7. All landscape areas should be landscaped per UDC 11-3B-5, general landscaping standards. Lastly, according to the submitted landscape plan,the Applicant is proposing a gravity irrigation holding pond which should comply with UDC 11-3B- 11 standards. The Applicant is showing a common lot along W. McMillan Road that is at least 25 feet in width and is depicted with 9 trees and one landscape bed at the corner of Joy and McMillan; this proposed landscaping does not fully comply with UDC requirements. The number of trees shown complies with UDC requirements but UDC 11-3B-7 also requires vegetative ground cover beyond that of grasses. Specifically, no more than 65%of the landscaped area is permitted to be grass and other area shall be comprised of additional planting beds for shrubs and other vegetative ground cover. The Applicant should revise the landscape plan to depict additional vegetative ground cover to meet this standard. Page 7 Item 2. 50 The Applicant is showing approximately a 1 S foot wide landscape buffer along the west boundary abutting the east side off. Joy Street, measured from the back of sidewalk. This buffer is required to ensure the lots internal to the project do not have frontage to two public roads. City code requires these buffers to be a minimum of 10 feet in width so the Applicant's proposal to construct a 1 S foot buffer exceeds code requirements. Essentially, the 1 S foot buffer is a local street buffer that is still governed by code but is not typically required; the proposed site design has created this situation so landscaping standards apply. For example, a total of 14 trees are required within this buffer and the Applicant is showing 16 trees. However, UDC 11-3B-7C.3 requires that at least 25%of street buffer trees are Class H trees and it is not clear from the landscape table that the trees noted along Joy are Class I or Class H. The Applicant should clarify this and correct this if additional Class II trees are needed within this buffer. NOTE: The subject project is less than 5 acres in size,therefore the UDC does not require compliance with the qualified open space standards in UDC 11-3G.However,the applicant is proposing some open space which Staff has analyzed below. There are two main areas of open space that would qualify under the UDC: 1)the required street buffer along McMillan,and 2) an open space lot along the north boundary of the project(Lot 12).In addition,the Applicant is showing an additional grassy area in the southeast corner of the site but this area is noted to be a future gravity irrigation holding pond.The submitted plans do not depict how this will be designed so Staff presumes it would not be qualified open space. The Applicant should add an exhibit and more detail to the landscape plan that shows how this "pond"will be constructed and what it will look like. Within the Lot 12 open space lot along the north boundary,the preliminary plat has a notation that a pickleball court will be present. The Applicant should revise the landscape plans to depict this proposed amenity and its location. Staff is recommending a DA provisions requiring the applicant to comply with the open space and amenity as proposed. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is proposing to protect and use the existing 6-foot solid fencing along the north and east boundaries and is proposing 6-foot vinyl fencing along the rear lot lines adjacent to N.Joy Street and W. McMillan Road. The Applicant is depicting 6-foot open vision fencing along the east property line of Lot 4 and a portion of the south property lien of Lot 7 where these properties abut an open space lot utilized for gravity irrigation holding pond, according to the landscape plans. The proposed fencing meets or exceeds all UDC requirements. L. Utilities (UDC 11-3A-21): The Applicant is proposing and is required to extend necessary public utilities for the proposed detached single-family dwellings within the Pickleball Court Subdivision. Public Works has reviewed the subject applications for compliance with their standards and finds them to be in general compliance except for specific conditions outlined in Section VIII.B of this report. Specifically,Public Works is seeking a 20 foot easement within Lot 12 and a 20 foot easement along the north side of Lot 13 for a potential future water loop back to Joy Street. This condition has been added to the conditions of approval in Section VIII.B. Page 8 Item 2. 51 VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the conditions of approval in Section VIII of this report per the Findings in Section IX of this staff report. B. Commission: Enter Summary of Commission Decision. C. City Council: To be heard at future date. Page 9 Item 2. F52 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map LEGAL DESCRIPTION %= THE ri r Page 1 OF 1 LAND GROUP April 19,2022 Project No.:121130 EXHIBIT"A" PICKLEBALL COURT SUBDIVISION ANNEXATION/REZONE DESCRIPTION A parcel of land located in the Southeast Quarter of the Southwest Quarter of Section 27,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,being more particularly described as follows: Commencing at the South One Quarter Corner of Section 27 of said Township 4 North,Range 1 West, (from which point the southwest corner of said Section 27 bears North 89°35'49"West,a distance of 2654.00 feet distant),said South One Quarter Corner of Section 27 being the POINT OF BEGINNING; Thence from said South One Quarter Corner,North 89'35'49"West,a distance of 334.34 feet on the South line of said Section 27 to a point common with the Centerline intersection of North Joy Street; Thence North 00'25'00"East,a distance of 646.62 feet on the Centerline of said North Joy Street; Thence South 89'15'37"East,a distance of 334.75 feet to a point on the north-south mid- section line of said Section 27; Thence South 00'27'09"West,a distance of 644.68 feet on said mid-section line to the POINT OF BEGINNING. The above described contains 4.96 acres more or less. PREPARED BY: The Land Group,Inc. N1,LAjV �0 1 TR G W a 7880 4-19-2022 James R.Washburn 'rq�T9TE OF s.R WA 462 East Shore Drive,Suite 100,Eagle,Idaho 83616 208.939.4041 thelandgroupinn.com Page 10 Item 2. 53 SUMMERWOOd SUBDIVISION"- BLOCK 2 .7880 S89°15'37"E 334.75' 4-19-2022 tp",It OF R.wLo I ��o P� I I I I I I . I d z `� — L — i { ANNEX/REZONE m -c I AREA:±4.96 AC o I w U (215,990.42 SQ.Fr.) N H m o f z Q N W U O O U Y Z � Q � I I cc I I I SW,CORNER POINT OF BEGINNING SECTION 27 SOUTH QUARTER T.M.,RAW.,B.M. SECTION 27 --- - T.4N.,R.1W.,B.M. I F _ N89°35'49"W 334.34' _ N89°35'49"W 2654.00 W. McMILLAN ROAD Exhibit "B" a 100 zoo g Horizontal Scale 1"=100' Project No:121130 Date of Issuance:04/19/2022 s i��•THE Annex / Rezone r r� 5�v �LAND o m GROUP r Page 11 Item 2. ■ B. Preliminary Plat(dated: 3/18/2022) n ov 1pi nti S8WOH Jauapics CL NOISIAlcons ann IV93IM31d aF fl N iE v4 an A A, P ---------------- rE L ------------ ----------- ----- ------ O ---------- gz Page 12 Item 2. ■ ,s. T I i I i W3nNC�I°TMRV�R� ' 6 ---- � PB22�%5&3°o R022D%U269 " �� i SUMIAEP U'OOx Ax9UIVl01°N I DAPHNE SFII 1011' .. 7927' NB9"153]'W"05.66• px.2B• ]4 .� --------- V --OPEN SPACE 1p INLLULE r---- --, �90_ PILSLEdRLfiOELL ., / 5 a1sm 1143BSF LL °LL / L11 a � ram_ - I -100-_ ' w f I I 1_i� ri- f I If I�oa51zo32u easnns PavSO PCAL FL1e C 2tl 15. m I e°S°s F. I TYP 7y1� —IING BJN WATEP I I� g I Ls I I ra°ssi±osao c5 a 12r_ e000sf. ml 47 I le a m IL J RNr e _ Si - --____-- I e000sf_ !a3v r_____1zr- Rsxstzma° N I I g N.RIYd L'APRf 9TR68T R-12L3m I I I I I - I I ' �I n I m >z I I m1e 5.f. I � e6m M1F. I LE ��I . a 65meP_ = Ill f. _ �tmnsc -I 1171 EI A` I � I _ I I I I I ., I I - - UPEx sPULETN UJLwoE 6 I L____ J L� � L- IPaxanox Poxo W a 61' RIGMLFyyIgT � - - - _ - - ^� �39 P°Q512W0° WW I MV W 31G• `LL sf%STI.—I mi IPPIGAnUN BTRLGTUPf a Wes _ -OHP OHP ��—gryP V ONP OHP 3HP OHP C _ ..HF (�I`011 — a Ax CG—EP EG EU EP CG —C � _ mEL _on L �x09'IT5915'2A56 = fP— P- —� S K M14n AflllAN ROR(J iAP1EPIAL) `zW' m 2-11 ___ fP =EP- EP—_—_fP 5B9`35'14E 9D3.83'�_ _rr¢E—fP_ L�V9 COft eEC Z/ SWGURSSLZJJ (SCSIS NSI �M R. LPSFi�1T-116131 °i CP6F#2515U]9245 RM' R'1V WW RVx R6V WW — �I,I —RnV� Fxw Preliminary Plat-overview ° II a�-�.� t HoimAal9�le. ,•=9O Page 13 Item 2. F 56] C. Landscape Plans(date: 3/18/2022) S8wOH as OMB NOISIAIO8ns18n03111f831)13Id L F, z Y N El 0 N2 -ME-- iL 7f7 II OVA V j -K 4 L Page 14 Item 2. ■ \ ----- -- 116346F. L11 12i85 B.F. I I � II � Y I _ 0 III I' I 1 a — aids ' z l fie°s sr. I I I eons I I I I I � L _____J = I saoosF. I I11 B ——— ----------J — I _ I -t LLI _ ---_________J I L9 lJJ I 1 r + u O I I I --------------J :y Z _ B435 S.F' 3 r ,-... I "� amo s.F. O 1]815.F� - - I I I a 4 III I I 3 L1 III 3 'BOIA SF. 80135.F, CO3F — � i I I _ 03i AG e 6 ' I I I — I aal. — Gn II I I cn sir I J L 1 -°nP 3n4' R'.5'➢nP - -� �L—EG��fG�r _ I W.McMILLAN ROAD N—"—` EP"—w 5Y`'—®I -- Preliminary Plat-Landscape Plan ° \ j' Horiri-al Gcala 1"=30' Page 15 El ConceptualD. , Elevations JL Page e 16 Item 2. 59 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of annexation ordinance adoption, and the developer.A final plat will not be accepted until the DA is executed and the Annexation and Zoning ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan(including proposed open space and pickleball court amenity), and conceptual building elevations included in Section VII and the provisions contained herein. b. The rear and/or sides of homes visible from W. McMillan Road(Lots 1-4) shall incorporate articulation through changes in two or more of the following: modulation (e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are exempt from this requirement. Preliminary Plat Conditions: 2. The preliminary plat included in Section V11.13, dated March 18, 2022, shall be revised as follows prior to submitting for Final Plat approval: a. Ensure all lots meet the minimum lot size requirement for the requested R-4 zoning district of 8,000 square feet. b. Any existing accesses to W. McMillan Road shall be closed upon development of the site. c. Correct the plat to show Lot 7 to take access from the common drive,Lot 6. d. Depict the required 5-foot wide detached sidewalk within the landscape buffer along W. McMillan Road and place it at least four(4) feet north of the ultimate right-of-way line to allow for landscaping on both sides of the sidewalk and ensure it is detached from the roadway and allow the 25-foot buffer to be measured from the ultimate right-of-way instead of the back of the sidewalk,per UDC 11-3B-7C.1a. 3. The landscape plan included in Section VII.C, dated March 18,2022, shall be revised as follows prior to submitting for Final Plat approval: a. Depict the detached sidewalk along W. McMillan Road in accord with UDC 11-3B- 7C.1 a,as noted above. b. Depict the location of the noted pickleball court amenity within Lot 12 and provide a detail of the amenity. c. Depict the correct amount of vegetative ground cover per UDC 11-3B-7 in the landscape buffers along N. Joy Street and W.McMillan Road. Page 17 Item 2. ■ d. Clarify in the landscape calculations table the class type of the trees proposed and ensure the Joy Street buffer complies with UDC 11-313-7C.3 that requires at least 25%of the required trees to be Class II. e. Include any and all tree mitigation information per UDC 11-313-10 standards. f. Add an exhibit and detail to the landscape plan that shows how the gravity irrigation holding pond(a portion of Lot 5)will be constructed and what it will look like, consistent with UDC 11-3G-3B.6 standards. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 6. The Applicant shall comply with all ACHD conditions of approval. 7. Lots 13-17 shall take access from the proposed internal local street(W. Riva Capri Street) and not to N. Joy Street, consistent with UDC 11-6C-3A.1. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 9. An exhibit shall be submitted with the final plat application for the lots accessed by the common driveway(Lot 6)that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with UDC 11-6C-3D. Driveways for abutting properties that are not taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 10. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Water line in Joy Street in front of development is not existing and needs to be extended to W. McMillan Road. 2. Provide 20'easement in lot 12 and 20'easement along the north side of Lot 13 for potential future water loop back to Joy Street. 3. Ensure no sewer services pass through infiltration trenches. 4. The geotechnical investigative report prepared by Atlas Technical Consultants,LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. General Conditions of Approval Page 18 Item 2. 61 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. 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. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. 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. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. 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. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities,etc.,prior to signature on the final plat. Page 19 Item 2. 62 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-313. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. 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. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciiy.org_/public works.aspx?id=272. 21. 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. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT Page 20 Item 2. ■ https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=261475&dbid=0&r0o=MeridianC i &cr=1 D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=261699&dbid=0&repo=MeridianC ky E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=262292&dbid=0&repo=MeridianC iv F. NAMPA/MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=263094&dbid=0&repo=MeridianC iv G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=261626&dbid=0&repo=MeridianC iv IX. FINDINGS A. Annexation and Zoning(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-4 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Staff finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-4 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Staff finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Staff finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Staff finds the annexation is in the best interest of the City. Page 21 Item 2. 64 B. Preliminary Plat Findings: 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; Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject property with development. (See Section VIII 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, Staff finds 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. 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 22 E IDIAN;--- Applicant Presentation Pickleball Court Subdivision June 16, 2022Planning & Zoning Commission4050 W. McMillan Road Vicinity Map Vicinity Map City of MeridianPlanComprehensive City of Meridian Site Preliminary Plat Requested revisions to conditions: OR PLACE IT WITHIN THE RIGHT OF WAY PER ACHD CONDITION. 2.d: Revise to state to add: LOT 4 COMPLIES WITH THE MINIMUM STREET FRONTAGE. OR REVISE THE PLAT TO ELIMINATE THE COMMON DRIVE SO THAT 2.c: Revise to state, THANK YOU Item 3. 65 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Pinedale Subdivision (H-2022-0001) by Pine Project, LLC, Located at 3275 W. Pine Ave. (Parcel #51210417400) A. Request: Annexation and Zoning of 1.22 acres of land with a request for the R-15 zoning district. B. Request: A Preliminary Plat for 12 building lots and 2 common lots on 1.22 acres in the requested R-15 zoning district. Item 3. F66 (:�N-WE IDIAN:-- IDAHO PUBLIC HEARING INFORMATION Staff Contact: Joe Dodson Meeting Date: June 16, 2022 Topic: Public Hearing for Pinedale Subdivision (H-2022-0001) by Pine Project, LLC, Located at 3275 W. Pine Avenue (Parcel #S1210417400) Request: Request: Annexation and Zoning of 1.22 acres of land with a request for the R-15 zoning district. Request: A Preliminary Plat for 12 building lots and 2 common lots on 1.22 acres in the requested R-15 zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing PUBLIC HEARING SIGN IN SHEET DATE: June 16, 2022 ITEM # ON AGENDA: 3 j i PROJECT NAME: Pinedale Subdivision (H-2022-0001) ? Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please I provide HOA name 1 2 i 3 4 5 6 7 8 9 10 11 12 13 14 Item 3. F 7 STAFF REPORT E IDIAN --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/16/2022 Legend DATE: 0 Project Location _LU_L LrU TO: Planning&Zoning Commission o ff FROM: Joe Dodson Associate Planner ^ „a1 JL 208-884-5533Ell �[Tt SUBJECT: H-2022-0001 - _' Pinedale Subdivision ---------- LOCATION: The site is located at 3275 W. Pine Avenue (Parcel#S 1210417400), at the , east terminus of W.Newland Street inET the Chesterfield Subdivision,in the NW 1/4 of the SE 1/4 of Section 10, Township 3N,Range 1 W. �m I. PROJECT DESCRIPTION Annexation and Zoning of 1.22 acres of land with a request for the R-8 zoning district and a Preliminary Plat for 7 building lots and 1 common lot on 1.22 acres in the requested R-15 zoning district,by Pine Project, LLC. NOTE: This application was remanded back to Planning and Zoning Commission from City Council at the request of the Applicant for the purpose of revising the preliminary plat in response to the discussions held at the March 3,2022 Commission meeting.This staff report contains analysis on the revised preliminary plat and zoning request and should be treated as a new staff report for the Pinedale Subdivision—the original staff report can be reviewed within the public record. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.22 acres Future Land Use Designation Mixed-Use Community 6-15 du/ac Existing Land Use(s) County Residential Proposed Land Uses Detached Single-family Residential Lots(#and type; 8 total lots—7 residential building lots and 1 common bldg./common)) lot Phasing Plan #ofphases) 1 phase Number of Residential Units 7 single-family detached units Page 1 Item 3. F68 Description Details Page Density Gross—5.74;Net—approximately 9.86 Open Space (acres,total Approximately 9,970 square feet of open space /buffer/ ualified (approximately 18.8% Amenity Micro-path connection to future multi-use pathway at north end of property Neighborhood meeting date; # November 5,2021 — 1 attendee of attendees: History(previous approvals) No previous approvals with the City B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no) Access Access is proposed via extension of the existing stub street,Newland Street; (Arterial/Collectors/State it is proposed to be extended into the site as a cul-de-sac. Hwy/Local)(Existing and Proposed) Stub No opportunity for further public street extension;Newland Street will Street/Interconnectivity/Cross terminate within the site as a full cul-de-sac. Access Existing Road Network No Proposed Road The Applicant is only required to extend Newland Street into the site.No Improvements other road improvements are proposed or required. Fire Service • Distance to Fire 2.8 miles from Fire Station#2. Station • Fire Response Time The project currently lies outside of the Meridian Fire response time goal of 5 minutes. Once Pine Avenue is constructed over the Tenmile Creek,the project will lie within the response time goal window. • Resource Reliability Fire Station#2 reliability is 85%(above the goal of 80%) • Risk Identification Risk Factor 2—Residential with hazards(Tenmile Creek along east boundary) • Accessibility Proposed project meets all required road widths, and turnaround dimensions. Cul-de-sac is required to be signed"No Parking,"per Fire Department regulations. Police Service No report—see online record for any comments from MPD. Wastewater • Distance to Sewer 0' Services Page 2 Item 3. F69 Description Details Page • Project Consistent Yes with WW Master Plan/Facility Plan • WRRF Declining 14.26 Balance • Impacts/Concerns • Flow is committed • See Public Works Site Specific Conditions • Additional 510 gpd flow was committed to model Water • Distance to Services 0' • Pressure Zone 2 • Project Consistent Yes with Water Master Plan • Water Quality None Concerns • Impacts/Concerns See site specific conditions in Section VIII.B Page 3 � m • 1 . 1 r 1 1 login (b NINE ■■- IN --■�M. 1■■■ ■1■■■■�i rl■1 11n1 Z P 1 \ r ti IIIIII 111 _ r�n ■�L . 'si ` I� i c� n11 e - n P-I'NE :Itt7 `� IrPINE 11111 �� I mo, it J -_ -■llll ��� j � N 11111 = IIIIII � • �.:i1111111111 .(� pII� IIC�III- 1111111111111111111111111 - Z.a_ _ L�l z }t r 11111IL111111 1■ �■1■nul• .� � 'F=�'�FRA NKLIN FR _ a;AlInllAl11,1 IIiP11119.a:@ . I A NK L IIIllllllllq 111111111111 �;"I=' - � -- • _ . 1 •r 1 • • 1 . 1 - • - • Cll.ti I� - • - • nlr IIIIIO I-�■ ■-----� noon oil ■■11■■ ■11IIIII■. _ Illlnll ► 1 _ - nlll■I -■� IN in 111nommollim lilt 11►1•�IS _ • • -• •• 11111=-�---=-:n _ ■■ 1 m fiunm � N E nm=_- a■� � 1 . um IIIIIU n un ■ W n1A1 unl •. ,:., nm _. llm IlGplll 11111111111111111111! III IIIIII_��-p■ IIIIII +,_�I\ � �; nlllll =-���01111111111 I r,��i�� 11 III 1111111111111111111111'I��. �■"� rr Z W F G�� LJ � h■ G�9 z = �.■... - FR. .■ANKLIN I' =R nl■■■� < I�li�ellll��� �wmu,ri .■ m■.n FRAN KLI'N I 111 Illllllq 1111111111 11 �� II Item 3. 71 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/31/2022 Radius notification mailed to properties within 500 feet 5/26/2022 Site Posting 5/31/2022 Nextdoor posting 5/25/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciby.or /�compplan) 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(residential dwellings are allowed at a gross density of 6-15 du/ac). 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,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). Employment opportunities for those living in and around the neighborhood are encouraged. The subject 1.2 acres is designated as mixed-use community but is part of a larger, 30-acre mixed-use designated area to the east that is west of Ten Mile and south of the future Pine Avenue extension (more MU-C acreage exists on the east side of Ten Mile as well). However, this site is physically separated from this MU-C area by the Tenmile Creek that abuts the east boundary of the subject site with only a future pedestrian connection available for any connectivity between this site and the MU-C parcels to the east. Because of the physical separation and the lack of connectivity to the east, Staff believes this project and site is more consistent with the existing subdivision to the west, Chesterfield Subdivision, than it is with any mixed-use project to the east (Foxcroft or Mile High Pines). Chesterfield and all of the residential to the west and northwest of this site is in the Medium Density Residential(MDR)future land use designation and contemplates residential development in the density range of 3-8 du/ac such as the proposed Pinedale Subdivision. Because of these facts, Stafffinds it appropriate to analyze the subject project against the MDR designation instead of the MU-C designation by floating that designation to this site, as allowed per the Comprehensive Plan. Since the original project description was published, the Applicant and Staff have worked together to respond to comments received from the Planning and Zoning Commission in regards to density, zoning, and parking concerns. In response, the Applicant has revised the plat and has proposed seven (7) building lots instead of 10 and has completely removed the previously proposed common drive. 7 lots on 1.22 acres of land has a gross density of 5.74 du/ac, within the allowed gross density in the MDR designation. Therefore, the Applicant is proposing a project consistent with the adjacent MDR future land use designation. Due to the site being at the end of an existing stub street, the only vehicular connection is via extension of the stub street(Newland Street) into the property which is required to terminate within the site as a full cul-de-sac, requiring a large portion of the site to be reserved for right-of-way and reduces the buildable area of the project. Despite this fact, the Applicant is proposing lots at least 4,000 square feet in size and is requesting the R-8 zoning district to be more consistent with the Chesterfield development to the west which is existing R-8 zoning. Page 5 Item 3. 72 Original discussions with the Applicant contemplated 15 building lots on the subject site but the Applicant submitted the preliminary plat with 12 lots after Staff voiced concerns over the proposed density, lot sizes, and overall livability of the project. Other discussions occurred following submittal of the subject applications and the Applicant reduced the number of building lots to 10. The Planning and Zoning Commission recommended denial of the project to City Council based on these same concerns so the Applicant requested to be remanded back to have an adequate opportunity to respond to the concerns noted. As noted, the requested seven building lots allows the project to further comply with the MDR designation by being less than 6 du/ac. Furthermore, the combination of this reduction in density and the requested R-8 zoning district should make Pinedale more consistent with the existing development to the west as Staff finds most appropriate. Furthermore, the subject site is surrounded by existing City zoning in all directions with existing development to the south, west, and northwest and entitlements on the land to the east and northeast. Therefore,Staff believes annexing this land into the City to remove this small county enclave is in the best interest of the City so long as the Applicant adheres to Staffs recommended DA provisions and conditions of approval. Staff finds the proposed project to be generally consistent with the Comprehensive Plan, as discussed above. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA) in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a new DA that encompasses the land proposed to be rezoned and annexed with the provisions included in Section VIITA1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the rezone and annexation approval.A final plat will not be accepted until the new DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https://www.meridianciU.or /�compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Staff is not analyzing the project against any mixed-use policies but is instead analyzing the project against general policies as the project is being reviewed with the MDR designation. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density most consistent with the development to the west due to density, traffic,parking, and compatibility concerns outlined by Staff and existing residents. Despite the recent reduction in density and ability to match the zoning to the west, the proposed lot sizes will not match that of the Chesterfield Subdivision to the west. The subject site is encumbered by the requirement to construct a cul-de-sac entirely on this relatively small site so matching the lot sizes and the same look of Chesterfield would be difficult to attain. The impediments on this site allow the Applicant to propose a smaller building lot which subsequently allows a smaller home to be constructed than what exists in the surrounding area. Staff finds that despite not being an exact match to Chesterfield, the proposed layout and lot sizes should add to the housing diversity in this area. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing stub street on its west boundary. Road improvements currently under construction (i.e. Pine bridge over the Tenmile Creek) will place this project within the Fire Department response time goal and Fire has approved the access for the proposed plat. West Ada School District has not sent a letter regarding this application but, with a low number of homes, a large number of school aged children is not anticipated to be generated by this Page 6 Item 3. ■ development. Furthermore, Chaparral Elementary is within walking distance of this development should any elementary aged children live within this site. Staff finds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. "Preserve,protect,and provide open space for recreation,conservation,and aesthetics" (4.05.01F).Because the property is less than 5 acres, the Applicant is not required to provide any qualified common open space. However, the Applicant is showing a common lot containing a micro path connection to a future multi-use pathway at the north boundary; this micro path runs along the entire northeast property line for the length of the property. This area is tucked away behind the building lots so all adjacent fencing will need to be open vision or semi private fencing. Staff anticipates this area being utilized as a quiet oasis due to its location against the Tenmile Creek. Staff is not aware if this site and future building lots will be part of the Chesterfield HOA for residents to access the amenities and open space within that project. However, Fuller Park is approximately Y2 mile to the north of the subject property which offers a public amenity within walking distance of the proposed development. Further, the micro path being constructed with the development ties into the multiuse pathway system that will connect to the park. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Proposed project is extending the attached sidewalks along Newland Street and is proposing a micro path connection to the north boundary to connect to a multi-use pathway segment from the Foxcroft Subdivision on the east side of the Tenmile Creek. Furthermore, the Applicant is preserving a potential connection point to the railroad corridor should the City ever decide to construct a regional pathway south of the site.All of these pedestrian facilities allow this small site, as well as the existing development to the west, to have multiple links to tie in together and promotes neighborhood connectivity overall. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction." (2.02.02F).As discussed, the Applicant is proposing lot sizes smaller than the adjacent Chesterfield Subdivision to the west largely because of the requirement to terminate Newland Street within the site as cul-de-sac. The proposed lots directly abutting the existing homes do not match in lot size but they are abutting 1:1 in terms of lot to lot so the existing residents should not feel as though there are smaller lots directly to their east. Furthermore, because the property is at the end of an existing street and it will terminate on the subject site, Staff anticipates the project will feel cohesive in its livability despite not matching lot sizes and density of Chesterfield. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is required to and is proposing to extend Newland Street into the site by constructing a cul-de-sac wholly on this property, terminating Newland Street. This is the only access point into the site and connects this project directly to the abutting Chesterfield Subdivision that has access up to Pine Avenue, a residential collector street that will be extended from west to east over the Tenmile Creek to Ten Mile Road. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: According to GIS imagery,there appears to be an existing residential structure and an out- building on the subject site.Any and all structures and debris are proposed to be removed upon development of this project. Furthermore,the existing access for this site is via vehicular bridge over the Tenmile Creek at the very north property boundary that connects to a private drive that is Page 7 Item 3. 74 essentially Pine Avenue. This access will be closed upon development and the vehicular bridge will provide access for a regional pathway within the approved Foxcroft Subdivision to the east. D. Proposed Use Analysis: The proposed use is detached single-family residential with an average lot size of 4,399 square feet and a minimum lot size of 4,029 square feet,based on the latest submitted plat(Exhibit VII.B). This use is a permitted use in the requested R-8 zoning district per UDC Table 11-2A-2 and all lots meet the minimum lot size requirement of 4,000 square feet. The Applicant has not noted if this is a phased project,however Staff anticipates it to develop as one phase due to the size of the proposed project. As discussed in the Comprehensive Plan analysis, the proposed use is the same as the existing detached single-family to the west in Chesterfield Subdivision but is proposed with smaller lots and subsequently smaller homes (approximately 4,000 square foot versus 6,000 square foot). According to the Applicant, the goal is to construct smaller homes at a lower price point to add more affordable options to the area and market. E. Dimensional Standards(UDC 11-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition,all subdivisions are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements including lot frontage and lot size. Further, the Applicant has depicted the building envelope on each lot on the plat for the purpose of showing future building footprints.As noted, the Applicant is anticipating constructing smaller homes than seen in recent years and smaller than those within Chesterfield. In addition, the setback lines on Lot 2 do not depict how code handles setbacks within a triangle so this building lot will have a slightly smaller building envelope than shown. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any architectural standards. The submitted elevations depict a number of different architectural and design styles with all of the elevations depicting two-story homes and two-car garages. The elevations depict varying field materials of lap siding, brick,fiber cement board, and stucco with differing accent materials, roof profiles, and overall varying home styles. Staff finds the conceptual elevations should be adhered to closely in order to offer an array of potential home designs for this small subdivision. G. Access(UDC 11-3A-3): Access is proposed via extension of W.Newland Street(an existing residential local street)into the site and is proposed to terminate within the site as a full cul-de-sac. ACHD has previously approved the proposed access with the additional condition that the radius be widened to 50 feet instead of 48 feet as currently shown. This may reduce the lot size of Lot 6 below the minimum 4,000 square foot size. Staff finds that if this is the case,there is room to modify the lot lines to ensure continued compliance with the requested R-8 zoning district. The existing access across Tenmile Creek and up to the private segment of Pine Avenue will be closed upon development of the site and converted to a pedestrian access as noted above. Page 8 Item 3. 75 H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition, it is important to note that no parking is allowed along the perimeter of the proposed cul-de-sac. So,there is virtually no opportunity for any on-street parking within this subdivision because it includes a cul-de-sac as its public access. An option to help with potential off-street parking issues, the inclusion of shared driveways could be used in order to promote side-loaded garages. This type of design can force longer driveways that go deeper into each site which allows for more off-street parking. This design also creates an opportunity for the living area of each home to be moved closer to the street as the living setback is 10 feet while the garage setback is 20 feet; this allows for more buildable area than is shown on the submitted plat. However, Staff notes the building lots may not be wide enough to accommodate the required parking pad for side-loaded garages. The Applicant should work to mitigate these issues and revise the plat accordingly if Commission or Council add a DA provision consistent with this option. I. Sidewalks/Pathways (UDC 11-3A-17; UDC 11-3A-8): A 5-foot wide attached sidewalk is proposed along the Newland Street cul-de-sac, consistent with UDC and ACHD requirements. In addition,the Applicant is proposing a 5-foot wide micro-path along the east boundary that connects to the cul-de-sac for the purpose of providing a connection to the future multi-use pathway approved with Foxcroft Subdivision on the east side of the adjacent Tenmile Creek. The proposed sidewalks meet UDC 11-3A-17 and ACHD standards and the micro-path lot meets UDC 11-3A-8 standards. J. Landscaping(UDC 11-3B): The landscaping regulated by code within the proposed development is the micro-path area along the eastern perimeter;this area is not required landscaping as the project is less than 5 acres. However,the Applicant should still comply with UDC 11-3B-12 standards. The submitted landscape plan shows this area to be vegetated with grasses and no trees due to it being within the Tenmile Creek irrigation easement;the linear length of the micro-path requires 4 trees to comply with UDC I 1-3B-12. Furthermore,the main purpose of this micro-path is to have access to the multi-use pathway at the north boundary which will have shade trees along its entire length up to Fuller Park. The Applicant should revise the location of this micro-path and work with the irrigation district to allow for the required trees along the east property lines at the furthest western edge of the irrigation easement. If the Applicant cannot obtain a license agreement with NMID to allow these 4 trees,the Applicant should submit for Alternative Compliance with the future final plat submittal to propose an alternative. K. Qualified Open Space and Amenities(UDC 11-3G): The proposed preliminary plat area is approximately 1.22 acres in size in size which does not require a minimum amount of open space nor an amenity,per UDC 11-3G-3. As noted,the Applicant is proposing a micro-path connection to the north boundary for future connectivity to a regional pathway segment. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7 and 11-3A-6. Fencing is proposed as shown on the landscape plan and does not meet UDC standards. Page 9 Item 3. 76 6-foot tall wood fencing is proposed along the perimeter of the project—this complies with code for all areas except the east property lines adjacent to the Tenmile Creek irrigation easement. With the final plat submittal, the Applicant should revise the landscape plan to show open-vision fencing or semi private open vision fencing along the east property lines of Lots 2&3. In addition, the Applicant should clarify if any fencing is proposed along the Tenmile Creek itself and coordinate with Nampa Meridian Irrigation District on where they would like any fencing located within their easement. M. Waterways(UDC 11-3A-6) The subject site directly abuts the Tenmile Creek along its entire eastern boundary.According to Nampa Meridian Irrigation District(NMID),the easement width for this facility is 50 feet on either side of the centerline of the"drain"as depicted on the submitted plat. In addition,the Applicant has proposed to place the entire irrigation easement within a common lot along the east boundary consistent with the UDC. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the conditions of approval in Section VII of this report per the Findings in Section IX of this staff report. B. Commission: Enter Summary of Commission Decision. C. City Council: To be heard at future date. Page 10 Item 3. F77 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map J#\��A CKERMAN ESTVOLD WWW.ACKERMAN-ESTVOLD.COM May 18,2422 Pinedale Subdivision Annexation and Rezone to R8 Legal Description 3679 West Newland Street Meridian,ID 83642 A parcel of land being a portion of the SE%of Section 10,T.3N,RAW,Boise-Meridian,Ada Couty,Idaho, more particularly described as follows: BEGINNING at a 5/8"iron pin marking the southeast corner of Chesterfield Subdivision Number 4;thence along the northerly right-of-way line of Union Pacific Railroad South 88°25'14"East a distance of 311.32 feet to a point on the westerly edge of Tenmile Creek;thence leaving said northerly right-of-way line of Union Pacific Railroad on the westerly edge of said Tenmile Creek North 32`49'09"West a distance of 120.21 feet; thence North 48"O6'05"West a distance of 101.97 feet;thence North 43'31'33"West a distance of 144.27 feet;thence leaving said westerly edge of Tenmile Creek North 88"25'56"West a distance of 66.78 feet to a point or the easterly boundary of Chesterfield Subdivision Number 4;thence along said easterly boundary of Chesterfield Subdivision Number 4 South 00°52'04"West a distance of 267.00 feet to the POINT OF BEGINNING. The above described parcel contains 1.22 acres,more or less. HEADQUARTERS 4165 30TH AVE S 321D 27TH 5T W 7661 W RIVERSIDE DR 190717TH ST SE SUITE 100 SUITE 200 SUITE 102 MINOT,ND 58701 FARGO,ND 58104 WILLISTON,ND 58801 GARDEN CITY,ID 83714 701.837.8737 701,551.1250 701,577.4127 208.853.6470 Page 11 Item 3. F 8 n ANNEXATION EXHIBIT B w ::::;0RTI0\I O— TI IC SL 1/4 Cf -,LC C N 1 D, .,%., I<1.' . 30 NI—�IDIAN, C I M-RIDIAN, ADA COL Nam', DA O. o rso S='RING aND CIS-ANCES VAY ,AF"-231, '2-VIOVS FLATS our TO PF-F-IFN-[IF--V.—, _F NEASLR=MEVTS. __ .,_ W PINE AVE W MEADOWPINE ST W FARLAM DRIVE !/ W NEWLANa ST\ P.O.B. - UNION PACIFIC RAILROAD STOR-IT SELF STORAGE i FOUND MONUMENT B.O.B.BASIS OF BEARING P.O.B.POINT OF BEGINNING P.O.C.POINT OF COMMENCEMENT CCITY OF MERIDIAN rL AREA TO BE ANNEXED 1 �=ACKERMAN- /i ' .,ESTVOLD 7681 VvNd Nirerside cr-,Ste.102'Garden Gty,10 83714 N2'228 20e.8s3.6470.www-kaman-eslvd10.." Minh Na I F.-ND 411111lon,en I edse,le Page 12 Item 3. F79 lkvl= ACKERMAN ESTVOLD wWW.ACKERMAN-ESTVOLD.COM January 10,2022 Pinedale Subdivision Legal Description 3679 West Newland Street Meridian,ID 83642 A parcel of land being a portion of the SE%of Section 10,T.3N,RAW,Boise-Meridian,Ada Couty,Idaho, more particularly described as follows: BEGINNING at a 5/8"iron pin marking the southeast corner of Chesterfield Subdivision Number 4;thence along the northerly right-of-way line of Union Pacific Railroad South 88°25'14"East a distance of 311.32 feet to a point on the westerly edge of Tenmile Creek;thence leaving said northerly right-of-way line of Union Pacific Railroad on the westerly edge of said Tenmile Creek North 32`49'09"West a distance of 120.21 feet; thence North 48"06'05"West a distance of 101.97 feet;thence North 43°31'33"West a distance of 144.27 feet;thence leaving said westerly edge of Tenmile Creek North 88"25'56"West a distance of 66.78 feet to a point on the easterly boundary of Chesterfield Subdivision Number 4;thence along said easterly boundary of Chesterfield Subdivision Number 4 South 00°52'04"West a distance of 267.00 feet to the POINT OF BEGINNING. The above described parcel contains 1.22 acres,more or less. loft' 6�fi9 .I 1/10/2 72T y OF 10 O ON/6 M G HEADQUARTERS 4165 30TH AVE S 3210 27TH ST W 7661 W RIVERSIDE DR 1907 17TH ST SF SUITE 100 SUITE 200 SUITE IV MINOT,ND 58701 FARGO,ND 58104 WILLISTON,ND 58801 GARDEN CITY,ID 83714 701.837.8737 701.551.1250 701.577.4127 208.853.6470 Page 13 Item 3. ■ B. Preliminary Plat(dated: May 2022) `a \ ;�Q �.` R FRFIIMINAKY PLAT FUR Z� Vo".. PINEDALE SUBDIVISION / . APORTION OF Tf1P 501fili PP5T 1/9 DF 5PGTON 10,T.3N„R.IW.,B015P Y� ei' � � / MLl21UlAN.PIlA O'JNNIY.ILXJ10- Qw y '_ PPRIL 2022 3CflE.I'=I SHEf-,0r I - 11-1 IF r \ s 4 �u uv, �VV L i urn_ Lau.0 Li. C w y � I �e '�'�_' PRELIMINARY union va�5�gvl,osa - PLOT 1.0 Page 14 Item 3. F81 C. Landscape Plans(date: 5/11/2022) omuEa r M omaesasoz NV1d`JNIdVJSdMdI t"- a�maaiaim�Aareo zo��isa say wwa.year _ OHVGI NVIO1163IN ❑�onls3�\' 1V'IdAHVNIVMBHd Nvwa3Hw� _ NOISIRI08f1S 3�V03NId �;��t._�a to Np -A'W,� iwa y-3 .-:369 ;9e o oa Map `~���"� y F 0 ¢ C� 3 ; g T � 4 .g 1 ~ \ I 7 w !" L �l I a ao Page 15 Item 3. ■ W W.— v �T FENCE7 -F-5;H17R PFCK UnI-R-11 RA—d Page 16 El D. Conceptual Building Elevations lop LV m gig" PI Page 17 1 � a .Y��' ae, i•� •rf'ryS#. � m r � -- sn+� a'� WIN }IV L 44 i i i ice■ /�. � JIIIIIMINN OIL MEN 101's. mmj MEN, Im -�r Page 19 Item 3. 86 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein and shall be obligated to install and maintain the open space and amenity as proposed on the approved plans. b. The Applicant shall include shared driveways to help remove the number of driveways proposed, especially for those lots taking direct access from the cul-de-sac,W.Newland Court. c. With the Final Plat submittal,the Applicant shall provide proof to the Planning Division that the existing access for the property via the vehicular bridge north of the subject site has been approved as a pedestrian bridge for the future multi-use pathway segment in the adjacent subdivision and any vehicular access rights to this area have been relinquished. 2. The preliminary plat included in Section VII.B, dated May 2022,is approved as submitted. 3. The landscape plan included in Section VII.C, dated May 11,2022, shall be revised as follows prior to submitting for Final Plat approval: a. Depict open vision or semi-private vision fencing along Lots 2 &3 in accord with UDC 11-3A-7A.7 standards. b. Depict fencing along the Tenmile Creek in compliance with UDC 11-3C-6C or submit proof from NMID that fencing is not allowed. c. Revise the landscape plan to show the micro-path in Lot 8 to be shifted at least 5 feet away from the proposed property lines so at least 4 trees can be added on its west side,consistent with UDC 11-3B-12 standards. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 6. The Applicant shall comply with all ACHD conditions of approval. 7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 8. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. Page 20 Item 3. 87 9. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-613-7. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Sewer services should be 90 degrees to the main or connected to a manhole at a minimum angle of at least 90 degrees. 2. Manhole at end of run should have 0.60% slope minimum. 3. Locate water line at least 10 feet from the edge of right-of-way. 4. Ensure no sewer services pass through infiltration trenches. 5. A portion of this development is in the F000dplain Overlay District and floodplain development permit is required for land development. This property is in a FEMA"A" Zone without Base Flood Elevations. A hydraulic analysis has been completed for Foxcroft Subdivision. Applicant will need to compare base flood elevations for existing conditions in this analysis to the existing conditions survey on 3725 W Pine. This should form the basis for a Letter of Map Amendment(LOMA) application to remove the entire property from the floodplain. The quicker LOMA process is started the better, otherwise we will need floodplain permits and elevation certificates for any development in the current flood zone. If fill this property is not eligible for a LOMA,fill may be added for a FEMA LOMR-F application. hi this case, floodplain permits and elevation certificates will be required for each structure in this zone. 6. As noted in the Geotechnical Engineering Report prepared by Atlas Materials Testing& Inspection,there are shallow cemented soils across the site. Particular attention needs to be focused on ensuring that all residences constructed with crawl spaces should be designed in a manner that will inhibit water in crawl spaces. This may include the installation of foundation drains, and the installation of rain gutters and roof drains that will carry storm water at least 10-feet away from all residences. Foundation drains are not allowed to drain into the sanitary sewer system,nor the trench backfill for the sewer and/or water service lines. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. 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. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description Page 21 Item 3. ■ prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. 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. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. 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. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. Page 22 Item 3. 89 16. 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. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting. A copy of the standards can be found at htlp://www.meridiancily.orgZpublic works.aspx?id=272. 21. 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. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=251084&dbid=0&redo=MeridianC iv D. PARKS DEPARTMENT https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=251081&dbid=0&repo=MeridianC E. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=251841&dbid=0&repo=MeridianC iu Page 23 Item 3. 90 F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) hygs://weblink.meridianciU.or,g/WebLink/DocView.aspx?id=251854&dbid=0&r0o=MeridianC hty G. NAMPA/MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=252550&dbid=0&r0o=MeridianC hty H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=252743&dbid=0&r0o=MeridianC Ry IX. FINDINGS A. Annexation and Zoning(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Staff finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and Staff finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Staff finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: 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; Page 24 Item 3. ■ Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject property with development. (See Section VIII 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, Staff finds 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 VII 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 and has offered their support of the proposed development with the proposed road layout in mind. 6. The development preserves significant natural,scenic or historic features. The Tenmile Creek is off-site of the subject property so Staff is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 25 E IDIAN;--- Applicant Presentation PINEDALE SUBDIVISION VIETNAM VETERANS MEMORIAL HIGHWAYW PINE AVENUEN TEN MILE ROADW FRANKLIN ROADS BLACK CAT ROAD STAR JUNE 15, 2022 PRELIMINARY PLAT, ANNEXATION, REZONE3275 W PINE AVENUE, MERIDIAN, ID EXISTING Land UseFuture Land Use DesignationZoningFamily Residential-Detached SingleResidential (9.86 DU/Ac Net)8)-Residential (RPROPOSED PROJECT OUTLINE County Residential15 DU/Ac)-Use Community (6-MixedRUT PROPOSED NET RESIDENTIAL DENSITYGROSS RESIDENTIAL DENSITYOPEN SPACE/COMMON LOTSSINGLE FAMILY RESIDENTIAL LOTSPUBLIC FAMILY RESIDENTIAL-SINGLETOTAL SITE AREA PROJECT OUTLINE11722.95%0.28 ACRES18.85%0.23 ACRES58.20%0.71 ACRES1.22 ACRES EXISTING SITE SITE PLAN LANDSCAPING PLAN CONCEPT HOMES CONCEPT HOMES CONCEPT HOMES Item 4. 92 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Lot 8 Retail Building (H-2022-0034) by Larson Architects, Located at 3333 W. Chinden Blvd. A. Request: Conditional Use Permit for a drive-through establishment within 300 feet of another drive-through facility on 0.9 acre of land in the C-G zoning district. Item 4. F93 (:�WE IDIAN:--- IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: June 16, 2022 Topic: Public Hearing for Lot 8 Retail Building (H-2022-0034) by Larson Architects, Located at 3333 W. Chinden Blvd. Request: Conditional Use Permit for a drive-through establishment within 300 feet of another drive-through facility on 0.9 acre of land in the C-G zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing PUBLIC HEARING SIGN IN SHEET DATE: June 16, 2022 ITEM # ON AGENDA: 4 PROJECT NAME: Lot 8 Retail Building (H-2022-0034) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) j If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Item 4. ■ C�, EI IDIAN�-- STAFF REPORT .►a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/16/2022 Legend DATE: f ILI Project Lorca i�ar TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner 208-884-5533 INDEW B SUBJECT: H-2022-0034 Lot 8 Retail Building—CUP W J LOCATION: 3333 W. Chinden Blvd. in the NE 1/4 of Section 27,TAN.,R.1W. (Lot 8,Block V 1,Lost Rapids Subdivision) ,X I. PROJECT DESCRIPTION Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive- through facility on 0.9 acre of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.9 acre Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Retail and restaurant with a drive-through Current Zoning General Retail&Service Commercial(C-G) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 3/16/22 attendees: History(previous approvals) H-2018-0004(CPAM,AZ,PP,VAR—Lost Rapids); Development Agreement(Inst.#2018-079970—GFI— Meridian Investments II,LLC);H-2019-0056(FP—Lost Rapids) Page 1 1 1 1 •4 * �,�.' is ..�3�:' ,l `l.i I . IN IN 1 �� IN IN � � j 1 ■1■ 111 �� _ _ III■ii IIIINI■,� I I I + WCIHillidh =l=jib INI■■! li�JLGl.�■ ! IN ■11■;9�� ��1 1� � 1 ��INIIIIII�' ■�1i��F,�� : ;1 1 1 1 1 1 1 1 1 1 r t• , _ r t• + 1 � pi���'.i 1 1 �� IN IN � 1 ■■■ 111 _ !11 I + 1 1� JIIINI■ + CI�� ;'lli =a_ 1� ;__ INI■ CJJLG!' ■ I ci 3:JimPiMM - ■11■H� ■11��� 11111 1�' � l r�l •7■ILIf � 1 1 I��1111 �� ■�I;•�� IIIII �llll� 7'�■ _ et 1■ � � � gg r - •� ��II��r J' s ® may Wild �;: • � 1 � mil �� 11 1 � i � 1. Item 4. 96 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 5/31/2022 Radius notification mailed to 5/26/2022 properties within 300 feet Site Posting Date 6/2/2022 Next Door posting 5/25/2022 V. STAFF ANALYSIS The Applicant proposes to construct a 5,070 square foot(s.f.)multi-tenant retail building with a restaurant(i.e. dessert establishment) and a drive-through on a 0.9-acre property in the C-G zoning district. Retail and restaurant uses are listed as principal permitted uses in the C-G zoning district per UDC Table 11-2B-2;restaurants are subj ect 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 I1-4-3-1 M.1. In this case,two other drive-through establishments exist within 300 feet of the property—Dutch Brothers Coffee(A-2021- 0177) on the abutting lot to the west and Burger King to the southeast(A-2021-0208);there are no existing residences or residential districts within 300 feet of the property.Note:All(Le. 6 out of 12) of the perimeter commercial lots in this development that have applied for development permits so far have drive-throughs associated with them. The proposed use and development plan is in substantial conformance with the provisions in the existing Development Agreement(Inst. #2 01 8-0 799 70). The configuration of the property depicted on the plans does not match that of Lot 8 shown on the recorded plat for Lost Rapids subdivision. A property boundary adjustment application should be approved prior to issuance of a building permit for this property. 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.A menu board and speaker are proposed but are not depicted on the plan;the plan submitted with the Certificate of Zoning Compliance application should depict the location of these items. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties.Pedestrian access should be provided to the adjacent property to the west in accord with this standard;pedestrian access is not recommended to the property to the east as it's a fuel facility. At a minimum,the plan is required to demonstrate compliance with the following standards: Staffs analysis is in italics. Page 3 Item 4. 97 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of-way by patrons; The drive-through will provide queuing for 9+1-vehicles, which should be adequate to prevent obstruction of internal drive aisles. 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. 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 located on the north side of the building and is visible from W. Chinden Blvd.for surveillance purposes. 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. Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Access: A north/south access driveway exists via W. Chinden Blvd. for this development that runs along the west boundary of the abutting lot to the west.Another east/west driveway runs along the south boundary of this site from which access is proposed;this access is shared with the abutting lot to the west. Direct lot access via Chinden Blvd. is prohibited. A reciprocal cross-access easement exists between all lots in the subdivision as noted on the Lost Rapids subdivision plat. Parking: As noted above,UDC 11-4-3-49 includes specific parking standards for restaurants,which the site plan demonstrates compliance with. A minimum of 20 off-street vehicle parking spaces are required for the 5,070 square foot building per the restaurant standards; 35 are proposed,in excess of the minimum standards. 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 east side of the building which should accommodate a minimum of two(2)bicycles. Landscaping: Street buffer landscaping was installed within the street buffer along W. Chinden Blvd. with the Lost Rapids subdivision improvements. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. Shrubs should be included in the perimeter buffer along the east boundary of the site in accord with UDC 11-311-7C.1b. The buffer along the south boundary of the site should be widened to a minimum of 7 feet to allow for 2 feet of vehicle overhang in accord with UDC 11- 3C-513.4—parking stalls may be reduced to 17 feet in length; or,wheel stops may be provided in parking spaces to prevent vehicle overhang. The landscape plan submitted with the Certificate Page 4 Item 4. 98 of Zoning Compliance application should be revised to reflect compliance with these standards. Sidewalks: A 10-foot wide sidewalk/multi-use pathway exists within the street buffer along W. Chinden Blvd. A pedestrian walkway is required to be provided from the perimeter sidewalk along W. Chinden Blvd.to the main building entrance per UDC 11-3A-19B.4.Where the walkway crosses the vehicular driving surface,it's required to be distinguished 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 Certificate of Zoning Compliance application should be revised to reflect compliance with this standard. Easements: There are existing easements on this lot as shown on the Lost Rapids subdivision plat. The proposed structure shall not encroach within these easements,except as allowed in the UDC. 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 for a single-story building that incorporates a mix of materials consisting of stucco,horizontal siding, manufactured stone,windows and metal roofing. 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 4. Fq-q VII- EXHIBITS A. Proposed Site Plan(dated: 4/27/2022) ------------T=-= S77-74' -- ---- - ---117AR ------' - ' -------------I--- r�r -- ----- -- — -- ------ 4 r NI.k3G7 I dewltr�sr faax�c 1 ; k --------- ----------�-------------- ------------ Sar&-R Lwr --- �- --------------------'--------� ' 11 bi 5 I I w LT8 : + ? 61' K B4' E S 65.F ,� ^T E i -00, F- i I - 1 I # I ' ti----_—_—_ --------------------J L-_-------------1----- ? I } _-r-SU6°30'23'E ' ---- - -- �- - - --- -'- ' --- 5�91°17'15'E - SG59', 0 0 Page 6 Item 4. 1 00 B. Proposed Landscape Plan(dated: 5/13/22) - = oa agj wm �rIZI-V 011 of Il4Y. _ JZ �r , '*�'i"_f�•9u-w"-' fT�7 d7ry g_ z r " .,k1T I-E ,"�;w.u.¢••a •�i�.AT n,:.f �F'i•f,t�F as + _ _ CEC16—TREEP—ING-7dk4G_—L O� � '^` N4P�v�.•[ae <s rat¢ 2n q�. 2 SN048ME� �1 LANDSCAPE PLAN krn 4 m mrtarrlNrcnuanoN '°�=� u ..."�w...•. L-1-0 Page 7 F1-ol I C. Building Elevations(dated: 4/27/22 Sp DPW mm JM &11 :1 . el7 F E h & l IL �FM Sam ELEVATCH m FFF NCRMM.MA7= Page 8 Item 4. F102 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 [H-2018- 0004(CPAM,AZ,PP,VAR—Lost Rapids); Development Agreement(Inst. #2018-079970— GFI—Meridian Investments II, LLC);H-2019-0056(FP—Lost Rapids)]. 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. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk along W. Chinden Blvd.to the main building entrance per UDC 11-3A-19B.4. The pathway 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(Lost Rapids Subdivision).Any encroachments within existing easements should be permitted through the easement holder and/or as allowed by the UDC. e. Depict landscaping in the perimeter buffer along the east boundary of the site in accord with the standards listed in UDC 11-3B-8C(shrubs should be included). f. Widen the perimeter buffer along the south boundary of the site to 7 feet to allow 2 feet of vehicle overhang(parking stalls may be decreased to 17 feet in length); or,provide wheel stops in parking spaces to prevent vehicle overhang, as set forth in UDC 11-3C- 513.4. g. Depict safe pedestrian access to the adjacent property to the west as set forth in UDC H- 4-3-I1 C. Work with the property owner to the west on a common location for the walkway.Pedestrian access is not required to the property to the east as it's a fuel facility. 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 W. Chinden Blvd. is prohibited. 5. A property boundary adjustment application shall be approved for the proposed configuration of the property prior to issuance of a building permit for this site. 6. 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. 7. 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 Page 9 Item 4. F103 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. B. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.ory WWebLinkIDocView.aspx?id=263100&dbid=0&repo=MeridianC Lty C. SETTLER'S IRRIGATION DISTRICT(SID) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=262707&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: I. 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-G zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Stafffinds the proposed restaurant 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. Page 10 Item 4. F104 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. Staff ,finds the proposed use will not be detrimental to any persons,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 5. 105 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Slim Chickens (H-2022-0028) by Larson Architects, Located at 3369 Chinden Blvd. A. Request: Conditional Use Permit for a drive-thru establishment within 300 feet of another drive-through facility on 1.13 acres of land in the C-G zoning district.. Item 5. 106 (:�N-WE IDIAN:-- IDAHO PUBLIC HEARING INFORMATION Staff Contact: Sonya Allen Meeting Date: June 16, 2022 Topic: Public Hearing for Slim Chickens (H-2022-0028) by Larson Architects, Located at 3369 Chinden Blvd. Request: Conditional Use Permit for a drive-thru establishment within 300 feet of another drive- through facility on 1.13 acres of land in the C-G zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing PUBLIC HEARING SIGN IN SHEET 3, DATE: June 16, 2022 ITEM # ON AGENDA: 5 3 PROJECT NAME: SHM Chickens (H-2022-0028) 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'' F�7, sJ oa7rkt rat— IIA9 vcTF— 2 3 ( zo�� �c�lhow� 4 5 6 7 8 9 10 11 12 13 14 Item 5. ■ C�, EI IDIAN�-- STAFF REPORT .►a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/16/2022 Legend DATE: f ILIProject Luca-Ron TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner 14 208-884-5533 ~tN'C H1NDEN' SUBJECT: H-2022-0028 Slim Chickens—CUP A J LOCATION: 3369 W. Chinden Blvd. in the NE 1/4 of Section 27,TAN.,R.1W. (Lot 7,Block °17r. 1,Lost Rapids Subdivision) , FM I. PROJECT DESCRIPTION Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive- through facility on 1.13 acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.13-acre Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Restaurant with a drive-through Current Zoning General Retail&Service Commercial(C-G) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 2/28/22 attendees: History(previous approvals) H-2018-0004(CPAM,AZ,PP,VAR—Lost Rapids);H— 2019-0056(FP—Lost Rapids);Development Agreement (Inst.#2018-079970—GFI—Meridian Investments II, LLC) Page 1 1 1 1 p II �u 1� !l,•R hi e F "nir- I 11111 N 111111 'ifiiw���i �ilw�li 1111 �,j�IIIIIN,� + • _II!���!j . ., �irjjii�� . I �'�y �■rj111N!� 1illifr l.;#oa . ice; ��■ .1�� 11� 11� IN �'� �'* _ � 1■1 �•� _ I h�- .iI1Mr #� i11G'AMi�■■ 1■■H �1 " y W. ■A��III=�i■ 11111 N 111111 �w�i� - 3_•..2� 3 � h i• 3.Z__�l ^�111 WON, MOD �_ • �; N � �INIII � �J�I��I • : • .. • • • 1 ••• • :1 Item 5. Flog] C. Representative: Same as Applicant IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 5/31/2022 Radius notification mailed to 5/26/2022 properties within 300 feet Site Posting Date 6/3/2022 Next Door posting 5/25/2022 V. STAFF ANALYSIS The Applicant proposes to construct a 3,103 square foot(s.f.)restaurant with a drive-through for Slim Chickens on a 1.13-acre property in the C-G zoning district. A restaurant is listed as a principal permitted use in the C-G 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,two other drive-through establishments exist within 300 feet of the property—Dutch Brothers Coffee(A-2021-0177) on the abutting lot to the west and Burger King to the southeast(A-2021-0208);there are no existing residences or residential districts within 300 feet of the property.Note:All(i.e. 6 out of 12) of the perimeter commercial lots in this development that have applied for development permits so far have drive-throughs associated with them. The proposed use and development plan is in substantial conformance with the provisions in the existing Development Agreement(Inst. #2018-079970). The configuration of the property depicted on the plans does not match that of Lot 7 shown on the recorded plat for Lost Rapids subdivision. A property boundary adjustment application should be approved prior to issuance of a building permit for this property. Specific Use Standards: Staff's analysis is in italics. 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.A menu board and speaker are depicted on the site plan at each of the two proposed ordering points; the window location should be depicted on the plans. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties.Safe pedestrian access should be provided to the adjacent property to the east in accord with this standard, shared vehicle access is proposed that appears to be safe. Staff is concerned with the safety aspect of having two(2)pedestrian crossings across the vehicle stacking area for the drive- Page 3 Item 5. 1 10 through—one is required from the perimeter sidewalk along Chinden to the main building entrance per UDC 11-3A-19B.4 and the other is proposed for access to the building from the east parking area. Staff recommends signage be installed ahead of each crossing warning drivers to watch out for pedestrians. The Commission should determine if this adequately mitigates the safety concerns associated with the proposed site design in order to approve this application. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of-way by patrons; The Applicant's narrative states the drive-through will provide queuing for 16 vehicles, which should be adequate to prevent obstruction of internal drive aisles. 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. 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 overall drive-through length is 275+1-feet from the point of entry to the drive-through window; therefore, the stacking lane exceeds 100'in length and an escape lane is required.An escape lane is proposed after the two ordering areas. 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located on the west side of the building and is visible from W. Chinden Blvd. and from the driveway to/from Chinden along the west side of the property for surveillance purposes. 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. Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Access: A north/south access driveway exists via W. Chinden Blvd. for this development that runs along the west boundary of this site. An east/west driveway runs along the south boundary of this site from which access is proposed;this access is shared with the abutting lot to the east. Direct lot access via Chinden Blvd. is prohibited. A reciprocal cross-access easement exists between all lots in the subdivision as noted on the Lost Rapids subdivision plat. Parking: As noted above,UDC 11-4-3-49 includes specific parking standards for restaurants,which the site plan demonstrates compliance with. A minimum of 12 off-street vehicle parking spaces are required for the 3,103 square foot building; 35 are proposed,in excess of the minimum standards. 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 east side of the Page 4 Item 5. F-1111 building which should accommodate a minimum of two(2)bicycles. Staff is concerned the two(2) northern parking spaces on the east side of the site adjacent to the drive-through on this site may present traffic conflicts between vehicles exiting the drive- through on the adjacent property to the east and vehicles trying to park or exit those parking spaces; therefore, Staff recommends either restricting those spaces to employee parking only, signed accordingly,or removing those spaces. Landscaping: Street buffer landscaping was installed within the street buffer along W. Chinden Blvd. with the Lost Rapids subdivision improvements. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B- 8C.At a minimum,all perimeter buffers are required to be 5-feet wide(measured inside curbs) and planted with one(1)Class II or III tree per 35 linear feet and shrubs,lawn or other vegetative groundcover,per UDC 11-3B-8C.lb(the northern portion of the buffer along the west boundary appears to be narrower than 5 feet and doesn't comply with the landscaping standards).Interior planters that serve a single row of parking spaces are required to be landscaped with at least one(1)tree and shall be covered with low shrubs,lawn,or other vegetative groundcover,per UDC 11-313-8C.2d. The buffer along the south boundary of the site and along the east side of the drive-through should be widened to a minimum of 7 feet to allow for 2 feet of vehicle overhang in accord with UDC 11-3C-5B.4—parking stalls may be reduced to 17 feet in length; or,wheel stops may be provided in parking spaces to prevent vehicle overhang. The landscape plan submitted with the Certificate of Zoning Compliance application should be revised to reflect compliance with these standards. Sidewalks: A 10-foot wide sidewalk/multi-use pathway exists within the street buffer along W. Chinden Blvd. A pedestrian walkway is proposed from the sidewalk along Chinden to the main building entrance as required by UDC 11-3A-19.B.4. 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 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. Easements: There are existing easements on this lot as shown on the Lost Rapids subdivision plat. The proposed structure shall not encroach within these easements,except as allowed in the UDC. 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 for a single-story building that incorporates a mix of materials consisting of fiber cement board lap siding and trim,windows,brick, and metal roofing. 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 VHl,UDC standards and design standards. Page 5 Item 5. F112 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 6 Item 5. 113 VII. EXHIBITS A. Proposed Site Plan(dated: 4/20/2022) VORTEX HOLDINGS GROUP Galoway SLIM CHICKENS MERIDIAN STORE#1 A PART OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 NORTH,RANGE 1 WEST,BOISE MERIDIAN 0 CITY OF MERIDIAN,ADA COUNTY,IDAHO � PLANNING DOCUMENTS i - _ aMn azwsa - �z 91E RlA INIE � �°®ter "��•��•'a _— IAS161®lWRO! � u ' mxw,x,..un�iw.s..amM __ _ iL-�w.w�"' .�ei.• - � F'kilvll_NOSR N 0.11M1:IM N Page 7 Item 5. ■ Ga loway p,.m.�,�.,.,....,.... ■ ate, _._- -- 0 ■ �e --._-.----(Y--...-.. __--------------- . _ _ .---- �a i x _ _ '________________� m-w■u. a rr w,�noas�uc � Page 8 Item 5. 115 B. Proposed Landscape Plan Galloway RAM VO EOYLE tile. O .�. ......��.. ....m.,�. ._. _ _.,.. .....�... rrcmawn ie"n�uc " nYe F _ WCOPMCALWATMO a? s .r W:'� pp'.� Page 9 Item 5. F116 C. Building Elevations(dated: 6/13/22) COLOR CHART SHEETNOTES .e C o o Q - F ° HkIIIIIIIIIIIN 4 o — ❑❑ ❑ ❑❑ ELEVATIONS COLOR CHART SHEET NOTES El El aryl a� NZ W- 01 .o,LL m,,,,m, �"® C❑i w .« a%-RIOR ELEVATIONS ;U.2 Page 10 Item 5. ■ 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 [H-2018- 0004(CPAM,AZ,PP,VAR—Lost Rapids); Development Agreement(Inst. #2018-079970— GFI—Meridian Investments II, LLC);H-2019-0056(FP—Lost Rapids);]. 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 pathways from the perimeter sidewalks 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(Lost Rapids Subdivision).Any encroachments within existing easements should be permitted through the easement holder or as allowed by the UDC. e. Depict landscaping in the perimeter buffer and within the parking area in accord with the standards listed in UDC 11-3B-8C. f. Remove the northern two(2)parking spaces on the east side of the site adjacent to the drive-through on this site so that vehicles aren't backing out into drive-through lane on the adjacent site to the east; or,restrict those spaces to employee parking only, signed accordingly. g. Widen the perimeter buffer along the south boundary of the site and along the east side of the drive-through to 7 feet to allow 2 feet of vehicle overhang(parking stalls may be decreased to 17 feet in length); or,provide wheel stops in parking spaces to prevent vehicle overhang, as set forth in UDC 11-3C-5B.4. h. Widen the northern portion of the perimeter buffer along the west boundary to a minimum of five feet(5')and depict landscaping per the standards listed in UDC 11-3B- 8C.1. i. Depict safe pedestrian access to the adjacent property to the east as set forth in UDC H- 4-3-11 C. Work with the property owner to the east on a common location for the walkway. j. Depict signage ahead of each pedestrian crossing in the drive-through lane notifying drivers to watch out for pedestrians. 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 W. Chinden Blvd. and the driveway adjacent to the west boundary of the site is prohibited. 5. A property boundary adjustment application shall be approved for the proposed configuration Page 11 Item 5. F-1181 of the property prior to issuance of a building permit for this site. 6. 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. 7. 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. B. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.orgj ebLink/DocView.aspx?id=263101&dbid=0&repo=MeridianC iv C. SETTLER'S IRRIGATION DISTRICT(SID) https://weblink.meridianciU.orgj ebLink/DocView.aspx?id=262708&dbid=0&repo=MeridianC iv 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-G 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 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. Staff finds 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. Page 12 Item 5. 119 1 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. Staff ,finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Stafffinds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 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 13 E IDIAN;--- Applicant Presentation A TENDER AND A SAUCE: Slim Chicken's mission is simple: To make the best hand - breaded chicken tenders using only the freshest f ` r ingredients. _ _ �AAMM -L`JtE!I �_ , Served in a family � atmosphere where everyone can relax and feel at home! SLIM (fliffiff Slim Chicken's uses the best cut you can get for - °a tenders. From the outset, 10017o all- natural premium ' A r. tenderloins have been the building ; block for our entire =- menu. Our time- tested recipe has = become a household favorite. . . Slim (fliffiff 2 About Our Group: 'f '� �• .r; We are a generational group of family members and business partners that - ` �� have worked together on - many other projects. With -.4 b� a collective experience of over 100 years in restaurants, including , brands like Texas _ _ - Roadhouse, Little Caesars Pizza, Sizzler, Dunkin y■. �' � �:-= �4� - = = Donuts, and many other world class brands. f �' Our family has roots in the NW, having grown up in western WA & Northern ID , :, W4 we are excited to have f 1L 7 have the opportunity to serve the great folks here! SLIM (HIMM'