PZ - Staff Report for 5-4 STAFF REPORT C�I
w IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING May 4,2023 Legend
DATE:
TO: Planning&Zoning Commission
f PFajeat Lava-iar
FROM: Sonya Allen,Associate Planner t
208-884-5533
SUBJECT: H-2023-0007 Costco Development— e
MDA, CUP
e
LOCATION: Southwest corner of W. Chinden Blvd.
and N. Ten Mile Rd. at 3403 W. Chinden
Blvd. in the NE 1/4 of Section 27,
Township 4N.,Range 1 W.
_ J '
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement [Inst. #2018-069276(File#H-2018-0004), amended as
Inst. #2018-114828(File#H-2018-0066)],which currently prohibits deliveries for Costco from occurring
between the hours of 10:00 p.m. and 5:00 a.m. to prohibit deliveries from occurring between the hours of
11:00 p.m. and 3:00 a.m.; and Conditional Use Permit to allow extended business hours of operation from
6:00 a.m. - 11:00 p.m.to 3:00 a.m. - 11:00 p.m.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 17.20(overall property)
Future Land Use Designation Commercial
Existing Land Use Commercial retail/fuel sales facility
Proposed Land Use(s) NA
Current Zoning General Retail&Service Commercial(C-G)
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date;#of 4/4/2023; 11 people attended
attendees:
History(previous approvals) H-2018-0004(DA Inst.#2018-069276); H-2018-0066(amended DA Inst.
#2018-114828)
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IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 4/19/2023
Radius notification mailed to
properties within 300 feet 4/15/2023
Public hearing notice sign posted
4/24/2023
on site
Nextdoor posting 4/15/2023
V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN):
LAND USE:
This property is designated Commercial on the Future Land Use Map(FLUM). This designation
provides for a full range of commercial uses to serve area residents and visitors. Desired uses may
include retail,restaurants,personal and professional services, and office uses, as well as appropriate
public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be
careful to promote a high quality of life through thoughtful site design, connectivity, and amenities.
Sample zoning include: C-N, C-C, and C-G.
No changes to the FLUM designation or zoning is proposed with this application.
COMPREHENSIVE PLAN POLICIES(hyps://www.meridianciby.or/p lan):
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policy to be
applicable to this application and apply to the proposed use of this property(staff analysis in italics):
• "Preserve private property rights and values by enforcing regulations that will prevent and mitigate
against incompatible and detrimental neighboring uses." (3.05.01C)
The UDC(11-2B-3B) limits business hours of operation in the C-G zoning district from 6:00 a.m. to
11:00 p.m. when the property abuts a residential use or district to lessen negative impacts on
adjacent residential neighbors, unless otherwise approved through a conditional use permit.
Through the Development Agreement(DA), deliveries for Costco are specifically prohibited between
the hours of 10:00 p.m. and 5:00 a.m. Council should rely on testimony from adjacent neighbors in
determining if extended hours for deliveries will be incompatible with and detrimental to adjacent
residential uses.
VI. STAFF ANALYSIS
A. DEVELOPMENT AGREEMENT MODIFICATION(MDA)
The Applicant requests approval of a modification to the existing Development Agreement [Inst. #2018-
069276(File#H-2018-0004), amended as Inst. #2018-114828(File#H-2018-0066)],which currently
prohibits deliveries for Costco from occurring between the hours of 10:00 p.m. and 5:00 a.m.,to instead
prohibit deliveries from occurring between the hours of 11:00 p.m. and 3:00 a.m. See existing DA
provisions in Section VIITA below.
The reason for the Applicant's request is to improve warehouse logistics and alleviate congestion during
the morning and evening hours at the loading docks. Costco is not proposing to increase the volume of
truck deliveries. Two (2)delivery trucks, occasionally three(3), are anticipated between the hours of
3:00 am to 5:00 am. The modified hours will allow trucks to deliver goods upon arrival instead of
waiting in queue during restricted hours,which forces multiple trucks to wait overnight in the parking lot
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causing congestion in the morning hours and puts pressure on warehouse staff to work faster than normal
to clear the backlog. Likewise,there is pressure to finish deliveries by the evening cutoff time so that
trucks don't have to wait overnight. These issues would be alleviated by extending the allowed delivery
hours.
Noise generated from deliveries after the semi-trucks are parked at the loading docks consist of engine
idling;back-up beepers from the forklifts that are unloading,traveling into the trucks and then backing
into the warehouse to stack the palleted merchandise; and"bang"noises that radiate from the trailers
when the forklifts enter and leave the truck created by the small elevation change between the trailer bed
and the loading dock leveler. There are a total of four(4)loading docks located on the north side of the
northwest corner of the building in the location shown below.
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LANDSCAPE RIIFFER A
- - Lost Rapids Apartments �- - - -
Single-family homes in Bainbridge Subdivision exist to the west of the site and multi-family apartments
exist to the south of the site in Lost Rapids Subdivision as shown below. When the preliminary plat for
Lost Rapids subdivision was approved,which included the Costco property and commercial pads to the
north and east,Bainbridge Subdivision to the west and Lost Rapids apartments to the south, a substantial
building setback and landscape buffer was planned between the commercial and adjacent residential
developments, as depicted on the plan below.
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W.CHINDEN BLVD,(HWY 20/26) J
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1 - SU60NISION '
A minimum 25-foot wide landscaped buffer is typically required on C-G zoned property that abuts a
residential use. In this case,there is approximately 115 feet between the west side of the Costco building
where the loading docks are located and the rear lot line of the nearest residential property. On the south
side,there is approximately 80 feet between the south side of the Costco building and the back side of
the nearest apartment building and over 350 feet from the loading docks.A dense landcape buffer with a
6-foot tall solid wood fence exists between Costco and the residential uses to assist in buffering and
noise mitigation.
A sound measurement report submitted with this application prepared by Yantis Acoustics,dated
August 31,2022, finds that extending the receiving/delivery hours will not create significant impacts
based on the sound measurements at the loading dock and delivery truck activities. Measurements were
made at two(2)locations, one near the loading dock and one near the on-site truck route south of the
building. Measured levels were used to calculate the sound at the closest future residences adjacent to the
site. Sound at the residences was found to be substantially less than the maximum acceptable residential
sound levels per the guidelines published by the Dept. of Housing and Urban Development(HUD).
Sound from the loading dock activities could cause sleep interference inside the bedrooms of the
residential properties to the west and south if residents have their windows open but with bedroom
windows closed,the interior sound levels produced by the loading dock activity is less than World
Health Organization guidelines for sleep interference. Therefore,no mitigation measurements are
recommended in the report. See report for more information.
The sound report states that noise from site operations remain compliant with the City's noise ordinance
(MCC 6-3-6-Noises Creating Public Disturbance),which reads:
A. Prohibited acts. Between the hours of 11:00 p.m. and 6:00 a.m., or at anytime so as to
unreasonably disturb or interfere with the peace, comfort or enjoyment of others, it is unlawful
for any person to cause, or for any person in possession of property to allow to originate from
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such property, sound that is a public disturbance noise. The following sounds are determined to
be public disturbance noise:
1. Horns or sirens. The frequent, repetitive or continuous sounding of any horn or siren
attached to a motor vehicle, except as a warning of danger or as specifically permitted or
required by law;
2. Repetitive motor vehicle sounds. The creation offrequent, repetitive or continuous sounds in
connection with the starting, operation, repair, rebuilding or testing of any motor vehicle,
motorcycle, off highway vehicle or internal combustion engine within a residential district,
so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or
possessors of real property;
3. Yelling or shouting. Yelling, shouting, hooting, whistling or singing on or near the public
streets which unreasonably disturb or interfere with the peace, comfort and repose of
owners or possessors of real property;
4. Noise from buildings. The creation of frequent, repetitive or continuous sounds which
emanate from any building, structure, apartment, or condominium, or from any fixture or
apparatus attached thereto, which unreasonably interfere with the peace, comfort, and
repose of owners or possessors of real property, such as sounds from audio equipment,
musical instruments, band sessions or social gatherings;
5. Motor vehicle sound systems. Sound from motor vehicle sound systems, such as tape players,
radios, and compact disc players, operated at a volume so as to be audible greater than fifty
(50)feet from the vehicle itself;
6. Audio equipment. Sound from audio equipment or any device that amplifies sound, operated
at a volume so as to be audible greater than fifty(50)feet from the source or so as to
unreasonably disturb or interfere with the peace, comfort and repose of owners or
possessors of real property.
B. Exceptions.
1. Sounds caused by any emergency vehicle or personnel when responding to an emergency
call or acting in time of emergency.
2. Sounds caused by activities upon any outdoor municipal, school, religious, or publicly
owned property,park, or facility,provided that such activities have been authorized by the
owner of such property or facility or its agent.
3. Sounds caused by parades,fireworks displays, or any other event for which a permit for that
type of activity is required and has been obtained from the authorized governmental entity
within such hours as may be imposed as a condition for the issuance of said permit.
4. Sounds caused by locomotives or other railroad equipment.
5. Sounds caused by burglar alarms that are not in violation of this code.
6. Sounds caused by safety warning devices required by law.
7. Sounds caused by devices or machinery that is part of the use within the confines of the
particular zoning designation that the device is located or pursuant to a conditional use
permit(i.e., drive-through window speakers, car lot PA systems).
8. Sounds emanating from devices used within the common areas of a multi-unit facility whose
use has been approved by the owners or management of the facility. Said use must comply
with any regulations imposed by the owners or management of the facility to be exempt
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under this section. This exemption only applies in relation to other units within the same
facility.
Staff has"bolded"the text of the applicable sections of the noise ordinance that may apply to the
existing/proposed use. As noted,the noise associated with deliveries may be considered exempt
from the requirements if a CUP is approved; otherwise,the use(i.e. deliveries) during the
hours proposed may violate the City's noise ordinance if determined to be a public
disturbance.
The Applicant states since opening, Costco has not received any complaints about its operation and
expects that extending delivery hours will not result in significant impacts. Staff checked with the Police
Department to see if any complaints pertaining to noise from deliveries have been logged and there have
been none.
During the public hearings before the Planning&Zoning Commission and City Council for annexation
of the subject property for future development of Costco Wholesale,much testimony was provided from
neighbors pertaining to the impact the Costco development would have on their quality of life.Many of
the concerns noted pertained to noise, including noise generated from deliveries and trucks idling
waiting to unload. To address neighbor's concerns,the Applicant committed to restricting the hours of
operation so that no deliveries would occur between the hours of 10:00 p.m. and 5:00 a.m. stating they'd
have the ability to stage deliveries because the trucks come from their own depots. Staff is unsure why
this is now an issue for Costco due to their ability to stage deliveries. It is logical that extended hours for
deliveries would benefit warehouse staff by spreading out the window of time in which deliveries may
occur.
Because of the great amount of testimony provided from neighbors that resulted in the current limitation
on business hours of operation, Staff is not inclined to support a request for a change that could
potentially increase the negative impact on adjacent existing and future residents without input(i.e.
written or public testimony) from residents in Bainbridge Subdivision to the west and the residents of
Lost Rapids apartments to the south agreeing to the change.
Because the second phase of Bainbridge Subdivision,located adjacent to the loading docks to the west,
is still in the development process and building lots are still owned by the developer,the future
neighbors affected the most by the extended business hours are unable to comment on this request.
Additionally, although a public hearing notice sign is erected on the site and a notice is published in the
newspaper,written notice of hearing is provided to the property owner of the multi-family development
to the south and not the renters,who are directly affected.
Staff recommends the Commission and Council rely on public testimony presented at the public hearing
in determining if the proposed extended hours of operation will negatively impact adjacent residential
uses.
B. CONDITIONAL USE PERMIT(CUP)
A CUP is proposed to extend the business hours of operation from 6:00 a.m. - 11:00 p.m. to 3:00 a.m. -
11:00 p.m. for delivery purposes.
The UDC(11-2B-3B) limits business hours of operation in the C-G zoning district from 6:00 a.m. to
11:00 p.m.when the property abuts a residential use or district; extended hours may be requested
through a CUP. These restrictions apply to all business operations occurring outside an enclosed
structure,including,but not limited to,customer or client visits,trash compacting, and deliveries. These
restrictions do not apply to business operations occurring within an enclosed structure, including,but not
limited to, cleaning,bookkeeping, and after hours work by a limited number of employees.
Page 7
Unless public testimony(in-person or written) is presented from adjacent affected neighbors in
agreement with the proposed extension of business hours for deliveries, Staff is not supportive of the
proposed CUP request for the reasons noted above in Sections V and VI.
VII. DECISION
A. Staff:
Staff recommends denial of the proposed modification to the existing Development Agreement and
Conditional Use Permit for the reasons noted above in Section VI,per the Findings in Section X.
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VIII. EXHIBIT
Existing Development Agreement Provisions with Proposed Changes in Strike-Out/Underline Format:
5.1
1. Future development of this site shall substantially comply with the conceptual development plan,preliminary
plat and landscape plan and conceptual building elevations included in Exhibit A of the Staff Report that is
attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A"and the conditions
contained herein.
2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of
Meridian Architectural Standards Manual.
3. Up to two(2)building permits for the Costco Wholesale and associated fuel sales facility structures are
allowed to be issued on the subject property prior to recordation of the subdivision plat.
4. Prior to issuance of any building permits, a property boundary adjustment application shall be approved and
a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the
preliminary plat.
5. The street buffer landscaping and 10-foot wide multi-use pathway/sidewalk along the entire frontage of US
20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along the entire frontage of N.
Ten Mile Road shall be constructed with the first phase of development.
6. Business hours of operation in the C-G zoning district are limited from 6:00 a.m. to 11:00 p.m. when the
property abuts a residential use or district; extended hours of operation may be requested through a
conditional use permit as set forth in UDC 11-2B-3A.4.
7. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the
commercial portion of the development to the residential uses as set forth in UDC Table 11-2B-3 in accord
with the standards listed in UDC 11-3B-9C.
8. As committed to by the Applicant/Developer in response to neighborhood concerns,the following
restrictions shall apply:
a. The primary service access for Costco delivery trucks and other local vendors shall be from the driveway
access via N. Ten Mile Road, approximately 660 feet north of W. Lost Rapids Drive. The driveway
access via W. Lost Rapids Drive driveway, approximately 350 feet west of N. Ten Mile Road,may be
used when access to the Lost Rapids/Ten Mile traffic signal is needed. Businesses within the
development shall notify their delivery providers of this access preference.
b. A"no thru truck traffic"sign shall be installed between the N. Tree Farm Way intersection and the W.
Lost Rapids Dr. service driveway access.
c. No deliveries shall take place for Costco between the hours of 10 00 11:00 p.m. and 5-:00 3:00 a.m.
d. Parking lot lighting shall be designed for 0.0 foot-candles at the property line in accord with UDC 1 1-
3A-1IC.
e. Lighting on the site shall be reduced to the level necessary only for public safety and security purposes
within one(1)hour of closing; there shall be a 50%reduction in lighting levels after store closes
consistent with that shown in Exhibit A.B.
9. Prior to issuance of the first Certificate of Occupancy within this development,the following improvements
shall be completed: SH 2O-26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection
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upgrades from Tree Farm to Linder(1.5 miles);N. Ten Mile Rd. shall be widened to 4 lanes from Chinden
to Walmart(0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr.
10. If within two(2)years of issuance of the Certificate of Occupancy for the Costco Wholesale building,
assuming the Idaho Transportation Department is able to secure the required right-of-way, SH 2O-26/W.
Chinden Blvd. shall be widened to four(4)lanes from N. Tree Farm Way to SH-16 (1.44 miles).
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IX. CITY/AGENCY COMMENTS
A. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.orb/WebLink/Doc View.aspx?id=290810&dbid=0&repo=MeridianCity
B. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridianciU.org/WebLinkIDocView.aspx?id=289795&dbid=0&repo=MeridianCiU
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X. 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.
The Director finds the site is large enough to accommodate the proposed use and meets all of the
dimensional and development regulations of the C-G zoning district in which its located.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the
requirements of this title.
The Director finds the proposed extended hours of operation for deliveries is not harmonious with
adjacent residential uses and the noise generated from deliveries at the times proposed will negatively
impact these uses based on public testimony provided at the previous hearing for the Costco
development.
3. That the design,construction, operation and maintenance will be compatible with other uses in the
general neighborhood and with the existing or intended character of the general vicinity and that such
use will not adversely change the essential character of the same area.
The Director finds although the design, construction and maintenance of the existing Costco Wholesale
use was deemed to be generally compatible with adjacent uses in the vicinity with the annexation
application, the proposed operation with extended hours of operation will not be compatible with
adjacent existing and future residential uses and will adversely change the essential character of the
area based on public testimony provided at the previous hearing for the Costco development.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely
affect other property in the vicinity.
The Director finds the proposed use (i.e. extended hours of operation)will adversely affect other
properties in the vicinity based on public testimony provided at the previous hearing for the Costco
development.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal,water,
and sewer.
The Director finds the existing use is being served by essential public facilities and services as required;
the proposed use (i.e. extended hours of operation will not have an impact to the provision of services.
6. That the proposed use will not create excessive additional costs for public facilities and services and will
not be detrimental to the economic welfare of the community.
The Director finds the proposed use (i.e. extended hours of operation)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.
The Director finds the proposed use (i.e. extended hours of operation)will likely be detrimental to
nearby residents due to noise generated from deliveries during the proposed extended business hours of
operation based on public testimony provided at the previous hearing for the Costco development.
Page 12
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic
feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
The Director finds the proposed use (i.e. extended hours of operation)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.
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