Loading...
2023-06-15 Meridian Planning and Zoning Meeting June 15, 2023. Meeting of the Meridian Planning and Zoning Commission of June 15, 2023, was called to order at 6:02, p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher, Commissioner Jared Smith and Commissioner Nate Wheeler. Members Absent: Commissioner Enrique Rivera, Commissioner Mandi Stoddard and Commissioner Patrick Grace. Others Present: Joy Hall, Kurt Starman, Bill Parsons, Sonya Allen, Stacy Hersh, Linda Ritter and Dean Willis. ROLL-CALL ATTENDANCE _X Nate Wheeler X Maria Lorcher Mandi Stoddard Patrick Grace Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: Good evening. Welcome to the Planning and Zoning Commission meeting for June 15th, 2023. At this time I would like to call the meeting to order. The Commissioners who are present for this evening's meeting are at City Hall and on Zoom. We also have staff from the 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 -- to comment. Please note that we cannot take any 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 quickly as possible. And with that let's begin with the roll call. Madam Clerk. ADOPTION OF AGENDA Seal: Thank you very much. The first item -- the first item on the agenda is the adoption of the agenda. The application for Fairview Apartments, File No. H-2023- 0001, will be opened for the sole purpose of acknowledging the request to withdraw the application. It will be opened for that purpose only. So, if there is anybody here tonight to testify for that application we will not be taking testimony on it. Can I get a motion to adopt the agenda? Lorcher: So moved. Wheeler: Second. Meridian Planning&Zoning Commission June 15,2023 Page 2 of 52 Seal: It's been moved and seconded to adopt the agenda. All in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the June 1, 2023 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for SWIG (H-2023-0014) by Bowman, located at 3471 W. Chinden Blvd. Seal: Next item on the agenda -- on the agenda is the Consent Agenda and we have two items on the Consent Agenda. First is approve the minutes of the June 1st, 2023, Planning and Zoning Commission meeting. We also have the Findings of Facts and Conclusions of Law for File No. H-2023-0014 for SWIG. Can I get a motion to accept the Consent Agenda as presented? Lorcher: So moved. Smith: So moved. Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: Okay. At this time I would like to 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 our Comprehensive Plan and 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 is finished we will open the floor to public testimony. Each person will be called on only once during the public testimony. The clerk will call the names individually of those who have signed up in advance to testify. You will need to state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting it will be displayed on the screen and you will run the presentation with assistance from the clerk if needed. If you 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 testified -- or after all those who have signed up in advance have spoken we will invite any others who may wish to testify. When you are finished if the Commission does not have questions for you you Meridian Planning&Zoning Commission June 15,2023 Page 3 of 52 will return to your seat in Chambers or will be muted on Zoom and no longer have the ability to speak. And please remember we generally do not call people back up. After all testimony has been heard the applicant -- the applicant will be given another ten minutes to come back and respond. When the applicant is finished responding to the questions and concerns we will close the public hearing and the Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to the City Council as needed. ACTION ITEMS 3. Public Hearing continued from 6-1-2023 for Cole Valley Christian School Pre-K12 (H-2023-0011) by LKV Architects, located at 7080 W. McMillan Rd. A. Request: Annexation of 71.28 acres of land with an R-15 zoning district. B. Request: Conditional Use Permit for a 259,000 square foot private education institution for pre-kindergarten through 12th grade on 48.48 acres of land in the R-15 zoning district. Seal: So, at this time I would like to continue Item No. H-2023-0011 for Cole Valley Christian School and we will begin with the staff report. Allen: Mr. Chair, Commissioners, if you would like me to go through the report -- I went through it the last meeting. I can certainly do that. The reason for continuance was solely for getting the ACHD report, which has been received by the city and is part of the public record. Seal: That is exactly right. So, should be how I have -- should have presented it. So, thank you for reminding me of that. And this is open -- or this was continued to this date to basically discuss that portion of the staff report -- or the report -- or the file I should say, so -- Wheeler: Yes. That's the way I remember it, too. Seal: Okay. So, we do have the ACHD report as part of the public record. So, I would invite the applicant to come up and speak to that. Good evening, sir. Need your name and address for the record. Thowless: Wayne Thowless. LKV Architects. 2400 East Riverwalk Drive, Boise, Idaho. Amber Van Ocker, who presented previously, is at a previous obligation tonight. So, I will be speaking on behalf of LKV Architects. I want to mention as we did before that there are others in the room that can respond to questions as may be necessary that are above my pay grade. We have Allen Howlett, superintendent of Cole Valley Christian Schools. We have Sean Conner representing The Land Group, our civil Meridian Planning&Zoning Commission June 15,2023 Page 4 of 52 engineer and landscape architect. And we have Sonia Daleiden, who is with Kittelson, our traffic engineer. As staff mentioned, the draft staff report from ACHD has been received. As we indicated we thought was going to be the case at the last meeting, it tracks very closely with the traffic study that was done. There are no significant deviations. We and the design team have gone over it exhaustively and we are basically in agreement with the findings and the recommendations contained in it. It should probably be mentioned that there are a few gray areas largely because of some remaining coordination that needs to occur between ACHD and ITD and also related to some scheduling questions and uncertainties at this point regarding Highway 16 and exactly where that's going to be in the process as it relates to the timing of -- of the school and the improvements that will be required of Cole Valley Christian Schools as part of this project. If there are any detail questions about the -- either the traffic study or ACHD's report I'm going to have Sonia with Kittelson come up and -- and address those. But I just want to reiterate for everybody's benefit that the design team and the owner do not object to anything that the staff report includes or recommends as conditions of approval related to the road system going forward. Seal: Thank you. Commissioners, do we have questions? If not I can kind of lead off here. I'm glad that we waited for the ACHD report and some of the information that was in there, as well as what was related earlier, was, essentially, the portion -- ITD needing to basically build that road. It sounds like that's something that's in the works, but not a done deal. Is that correct? And I mean whoever wants to speak to that. And -- and the reason I ask is because -- I mean even the wording in the ACHD report says if that doesn't happen you got a whole other fish to fry here. So, there has been a lot that that cannot happen as a result of that not coming in. Thowless: I will just make this introductory comment to that question, then, let Sonia continue. The staff report lays out several scenarios that could be pursued and that they are in agreement with depending on what may or may not happen with ITD and particularly Ersatz, which is the road that they are to build along the east side of the property. At the end of the day the bottom line is the staff report, in agreement with the traffic study, indicates the type of roadway, the type of road section that Ersatz has to -- has to be. We fully expect that the portion or the amount of that road section that ITD has committed to build will be completed prior to construction or at least completion of the school and it will just basically be a matter of Cole Valley Christian Schools and their contractors completing any aspect of that road section that ITD does not complete. So, it's not a question of it not occurring, it's just the school will pick up where ITD leaves off to make sure that that road is completed in agreement with the requirements of the staff report. So, we covered it. Seal: So, if ITD doesn't do it then what? I mean that -- that is one of the scenarios; correct? ITD does not do it. Thowless: A very -- a very unlikely scenario, but it's already been engineered by ITD. They are in the final stages of acquiring the necessary right of way at the intersection of McMillan and -- McMillan and Ersatz and we actually are -- as we speak trying to get a Meridian Planning&Zoning Commission June 15,2023 Page 5 of 52 meeting scheduled with ACHD and ITD to get down into the details about timing and other technical aspects of what ITD is going to do and, then, thus what Cole Valley Christian Schools needs to do. Seal: Okay. Commissioners, any other questions? Lorcher: Commissioner Seal? Seal: Go right ahead. Lorcher: So, you mentioned that you were in agreement with the things in the staff report. Does that include the pathways and street buffers to be constructed or is that still excluded on the perimeter of the property? Thowless: The -- the only gray area related to those pathways has to do with McMillan, because we don't control all the right of way along McMillan. In fact, we control the smaller portion. But there is no question or issues with the pathway requirements associated with Owyhee Storm or Ersatz. Lorcher: Okay. From the written testimony from Amber it had said in the -- the staff report previously that she requests not to be required to extend Owyhee Storm and Ersatz and the associated sidewalk pathways and street buffers to the northern boundary of the annexation area, just to the northern boundary of the school site, consistent with the revised phasing plan. But in the staff report that's what they do want you to do is to extend that out. So, are you saying that Cole Valley Christian is prepared to extend it out at this point or you still want that exclusion? Thowless: Well, we -- we did not have the staff report when Amber made those comments previously. The school still feels that and would still like and will be talking to ACHD about this, extending the road to the farthest driveway accesses to the site and possibly stopping there, as opposed to going to the -- Lorcher: Property line? Thowless: -- northernmost boundary of the site. But that's one of those details that need to be discussed with them. We have already mentioned it to you in the previous portion of the -- the public hearing. But we are not certain what benefit is to anybody to go beyond the -- those northernmost driveways. Though we do understand the city's policy with regard to wanting those roads to be built to the point where subsequent development can tie on to them. Lorcher: Okay. Thank you. Seal: Yeah. That was the other question that I had. I mean -- and it's more than policy. It's -- the city has no way to enter into a trust to ensure that those roads, should Cole Valley Christian School close, for instance. There is nothing that says that those have Meridian Planning&Zoning Commission June 15,2023 Page 6 of 52 to be created at -- you know, at a later date. So, the only way to ensure that is to have them built first. Commissioner Mr. Wheeler, Commissioner Smith, do you have anything else -- any other questions? Smith: Yes, Mr. Chairman. Seal: Go ahead, Commissioner Smith. Smith: The thing that I keep coming back to is kind of what you alluded to right now is the lack of teeth that we -- we have to ensure that that roadway gets developed at the very -- yeah, those purple roads on -- on the screen. I guess, you know, we were -- this is I guess a question for staff. You know, thinking through and -- and I apologize if I'm rehashing something that I have forgotten from the last hearing. My understanding of what we were kind of considering last time was, you know, completion of those roads prior to occupancy, which would be in phase one, like the staff report. Is there any way for us to enforce or -- or require completion prior to occupancy of the area of phase two? You know, that I guess occupancy of a specific portion of the property? Because I think there is -- I still think, you know, even if they are not building it, you know, if ITD is building it it needs to get built in some way to some extent and so I'm just curious about what the specifics are of what we can and can't enforce when -- when the -- kind of those -- that, you know, occupancy and things like that are -- that final sign off. Is -- is that for the entirety of the property at once -- in the completion of phase one or does that happen to phase two as well? Allen: Chairman, Commissioner, yes, we could hold up their certificate of occupancy on the second phase of development for the school for those improvements if you choose. Smith: Thank you. Mr. Chairman? Seal: Go right ahead. Smith: I guess I -- I would pose that question to the applicant. I know -- I know the goal here is to allow you to -- to save some capital and not spend that up front until you kind of need to. I -- I guess, you know, there -- there -- there is some -- there is some need to kind of meet in the middle. I think, you know, trying to make it, obviously, workable for -- for you, but also not, you know, leave the city in a bind should, you know, something happen. It is -- would that be an amenable kind of, you know, compromise I guess, if you will, that still -- still lets you, you know, complete phase one and have that -- that capital free to do so, but still you are hoping to ensure, you know, whether it's ITD, whether it's your ACHD, whether it's you, just ensuring that that is built, you know, by the -- you know, by the occupancy of that phase two structure. Thowless: Mr. Chairman, point of clarification. I'm looking at the -- the phasing plan that was submitted and in this phasing scenario the building might come after other infrastructure and site improvements specifically athletic improvements. Is the question being asked of the applicant whether the applicant is agree -- agreeable to complete the Meridian Planning&Zoning Commission June 15,2023 Page 7 of 52 -- both roadways per ACHD requirements to the northern boundary of the 48.48 acres prior to a certificate of occupancy for the building, which is what our exhibits identify as phase two. Is that what's being asked that we could proceed with phase one possibly without all those road improvements being completed, but prior to occupying the building and getting a certificate of occupancy for it the roads would need to be completed to the northern edge of the 48 acres? Smith: Mr. Chair? Seal: Yes. Smith: That -- that is my question and -- and, again, with the ITD component it is a question of not necessarily you -- you constructing them -- or the applicant constructing them, but ensuring that they are constructed. You know, whether that is, you know, you work that out with ITD, you know, based on the ownership and -- and what lengths they go to. The -- the goal is -- you know, the question is would you be amenable or agreeable to ensuring that full construction is done by the occupancy of that building in phase two -- or that's currently in phase two? Thowless: We can't answer the question definitively, because part of the -- a large part of the decision making here is going to be ACHD. But certainly completing the roadways to the northern edge of the 48 acres and not the full 70 is more agreeable to Cole Valley Christian Schools than completing it to the northern boundary of the entire parcel. But, again, ACHD may -- may weigh in and feel differently about this. Sonia, do you want to comment -- Smith: Mr. Chair? Seal: Go ahead, Commissioner Smith. Smith: Yeah. To clarify my position and my -- my kind of learning at the moment based on previous conversations and kind of the updated staff report, I'm -- I'm inclined to -- I have a strong desire for some way to ensure that the full 70 -- you know, the -- the road to the -- to the entire north of this parcel, including that, you know, purple highlighted road on this exhibit -- I'm sorry. I think you are referring to the full 70 -- to ensuring that that is built while the city is able to do so. While the city is -- is able to actually enforce something that ensures that gets built. Because as -- as the chairman said there -- there comes a point after occupancy that we don't -- unless there is some requirement to ensure that this is built prior to our sign off -- you know, the city's sign off, you know, there becomes a point where we can't control, you know, if Cole Valley moves to a different site or -- or something like that or some other, you know, scenario happens in which Cole Valley no longer is interested in building that road. We need to ensure that there is a way to -- to make sure that road gets built and so that's -- that's my -- my question is not so much about whether it's the -- you know, the full length or a partial length, I'm inclined to -- you know, I -- I -- I want to see a plan that includes that full length and kind of something more definitive for the construction or ensuring of the Meridian Planning&Zoning Commission June 15,2023 Page 8 of 52 construction of that full length. My question is more about timing that would be workable and not -- not overly burdensome to -- to enable the applicant to do so, while still ensuring that there is adequate capital -- not expending capital too early in the development, to -- you know, that can be used elsewhere. I'm trying to -- essentially I'm trying to find a way to kind of meet you halfway and say, okay, we won't -- you know, maybe if we don't require the entire construction during phase one, is there something -- is there a point at which it becomes more agreeable to still ensure the full construction, but at a later date prior to full occupancy while the city still has the ability to sign off on something. And that's -- that's my question and -- and if staff wants to, you know, comment on, you know, I guess different events or different points in the timeline which that could be possible or if the applicant -- you know, it's a question of -- of are we able to still -- you know, delay this -- push this back somewhat for you, while still ensuring that it actually happens. Seal: Bill, you want to address that? I mean we kind of addressed it last time, but if we rehash that is probably worthwhile. Parsons: Well, I think -- thank you, Chair, Members of the Commission. I'm happy to chime in on this topic, because as we talked about three weeks ago, it is an important topic and that's why we continued this item to get ACHD's comments. In looking at ACHD's staff report I agree with some of the findings of the applicant that it appears that ACHD is only going to require -- require the roads to be stubbed to the boundary of the school site and not the entire 70 acre site, which give staff, the city, some concern, because this site is 70 acres, it's not 48 acres, and so that's why whatever we do here we want to make sure we capture that in a development agreement, because, again, to Commissioner's point, we want to make sure -- we need to have the timing and the threshold for that. So, as I was listening to the discussion and -- and looking at this phasing plan, I agree with some of the commentary from the Commission that it doesn't make sense -- well, with the way they are phasing the project, phase one, there is really no structure. So, it's kind of difficult to hang them up on a temporary -- a certificate of occupancy if they are just doing a ball field. There is nothing there to hold up. But to your point, I like the -- the theory and the idea of holding up occupancy on the school building until such time as these things are -- are done, because that makes a lot of sense and it's pretty consistent to what we did with Owyhee Storm High School -- or Owyhee High School I should say. So, I think we can get there. Now, what I'm going to propose to the applicant is is at least for the western side of the road -- I mean I think that needs to happen sooner rather than later. It needs to happen with the second phase. That's where we can hold up occupancy. What I think we all agree on tonight's discussion is Ersatz and whether the timing is there. So, to me I think we can say -- you know, we can put a phasing or timing on that roadway and also put another caveat to that that says unless otherwise already constructed by ITD -- because until we have a conversation with them and get them to the table as to when this road could be built, it may be built before the school even gets started and, therefore, yes, do this before occupancy of the school or unless ITD has already constructed that portion of roadway. So, again, ITD is on the -- is committed to doing that roadway. They have to construct it as part of that road improvement -- the State Highway 16 improvement expansion. So, Meridian Planning&Zoning Commission June 15,2023 Page 9 of 52 we know it's going to happen. It has to happen. But, again, as we discussed it last -- last hearing, it's all about timing. The applicant testified at the last hearing that city utilities won't be available -- available for several years either. So, now we are talking about utilities, timing of roadway reconstruction and, then, trying to get it all to align, it -- it's a pretty complex scenario to try to make it all work and get it right and so, again, if it's something that the Commission wants to do this evening I think -- at least from staff's perspective I like the idea of prior to occupancy of the school building -- or a portion of that building -- phase two, however you guys want to have it in your condition -- at least Owyhee Storm has to be constructed to the northernmost boundary and, then, as far as Ersatz, I think we can be a little bit more flexible on that, because we know it's a timing thing. It's either the applicant does it or ITD does it and as long as we make it flexible for the applicant I think -- I think they would be more amenable to that. I would also mention to the Commission that staff is also going to meet with ACHD next week to get some clarifications on some of their conditions as well in the staff report and make sure that we are all heading into the City Council hearing aligned, just like the applicant is. We want to make sure we get a lot of these things buttoned up as we move through the hearing process. But those are my initial thoughts. Seal: Okay. Thank you. We appreciate that. Wheeler: Mr. Chair? Seal: Go right ahead, Commissioner Wheeler. Wheeler: So, just so I can recap kind of what I'm hearing here, because there has -- there has been just a lot of -- seems like roundabout discussion. I'm just trying to make sure that I'm understanding it clearly here. We can basically take care of the need for stubbing in the streets to the north through a DA agreement if we make it conditioned upon -- upon occupancy. Is that what I'm understanding? Seal: Correct. That's -- that is a -- that is a great Readers Digest version of it. Yes. Wheeler: Okay. Okay. And if that's -- if that's the case, then, can -- we can also let -- just let ITD go ahead and, you know, whenever they are able to build the road and they do -- and what portion of it that they do that's what it is and that way the school doesn't have to pay for more of what the city was already -- or ITD -- the state was going to go ahead and pay for. Seal: I'm -- I'm looking at Bill. I -- I believe what you are saying is correct, yes. Wheeler: Okay. So -- I mean that -- that's something I'm amiable for. That's something that I'm in support of. That sounds to be kind of a reasonable thing and, then, some of these things can be ironed out as the city talks more with ACHD just to get some clarity on that and make sure that there is -- there is a meeting of the minds. ACHD's intent is met. The city's intent is met. And the understanding of the applicant is -- is -- of what's going to happen and what they are saying is clear. So, we just remove that ambiguity. Meridian Planning&Zoning Commission June 15,2023 Page 10 of 52 That's something I would be in support of. I do have a -- kind of a different question here, though, for the applicant. Seal: Uh-huh. Wheeler: Yeah. So, Wayne, just a question here on -- last time when we met we talked about the phase one where the road on the east side just stubbed in at the very entry there on the southwest corner of phase one -- or the southeast corner of phase one and that's because -- and, then, that blue was going to be for phase two. But that's also part of what ITD might take care of -- or -- or not? Thowless: Mr. Chairman, Commissioner Wheeler, we are -- we are talking about the east side of the site. Ersatz. Is that correct? Because that's -- that's the road that ITD has committed to building. Wheeler: Perfect. Okay. Thowless: Is that right? Wheeler: All right. Thowless: Is that the -- Nate, you -- Wheeler: Ersatz. Yes. That's exactly what I'm understanding, too. Okay. So, that makes sense for it to just kind of stub in there and, then, the -- the landscape buffer, that was one of the things that we talked about, too, that on the future development of running from the western property line along -- along McMillan Road to the entry, that was something that the applicant, you know, just for the sake of saving funds and things of that nature, was -- was suggesting that not happen. But there was some conversation about that -- being able -- that to actually occur. Are you guys planning to going ahead and putting in that landscape buffer and barrier there along on the north side of McMillan Road? Thowless: Well, Mr. Chairman, Commissioner Wheeler, the -- the applicant, Cole Valley Christian School, still questions, at least from their perspective, the logic of -- of doing so when it doesn't -- likely will not extend the whole distance from Ersatz to Owyhee Storm due to right of way acquisition issues and doesn't connect or won't connect to any significant pedestrian circulation aspects of the school proper. All that said, ACHD has indicated that they want that portion done and the city does, so we are not going to jeopardize approval of this annexation and rezone over a pedestrian pathway and landscaping. We just made our request earlier in the public hearing at the last meeting, but it's -- we are not going to die on our sword over that issue. Seal: Okay. Any other questions? All right. Thank you very much, sir. Madam Clerk, do we have anybody signed up to testify? Meridian Planning&Zoning Commission June 15,2023 Page 11 of 52 Hall: We do not, Mr. Chair. Seal: Would anybody in Chambers like to come up and testify on this application? I'm not seeing anybody and I don't think there is anybody online. I don't see anybody raising their hand online as well. If there is nothing further to add, we will move on to close the public testimony portion. Is that okay with the applicant? Okay. Indicating yes. I will take a motion to close the public hearing for File No. H-2023-0011 for Cole Valley Christian School. Lorcher: So moved. Smith: So moved. Wheeler: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0011. All in favor please say aye. Opposed nay? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: Yeah. I will kind of lead off here. So -- here is the first thing I will say. If this were anything but a school I would be a hard no on this. Absolutely. A hundred percent. Timing doesn't work. You know, the -- the function doesn't work with the road problems that we have out there and when you read through the ACHD report it shows in there for nearly every single intersection clear over into Black Cat and McMillan and Black Cat and Ustick and places like that where it shows in 2025 it's going to be over the threshold. But here is how you mitigate it for that intersection -- or for this intersection. Meanwhile, the road lengths in between -- there is no mitigation for that. It's already a mess over there. The traffic study is based on 2021 findings. You know, we are in 2023 and there has been a lot of growth over there. The city is still learning a hard lesson from putting a high school over there. I live in that area. I have to deal with that every day. So, thank goodness it's summer. But that's -- that's kind of where I'm at with it, is I -- I don't want to say no to a school, but at the same time I just don't think the timing of this project works. There is just too many unanswered questions. There is too many things that are going on that could of, should of, would have, might, maybe, should. You know, there is too much of that going on with this. So, I -- I would love to see this go in, but I would love to see it happen when there is -- you know, when there is very solid -- or there is commitment legally from ITD, as well as more completion of the State Highway 16 project, as well as some of the other road improvements that are going to happen out in this area, because I can tell you right now it is a mess. So, as far as the project and -- and what the school is -- is offering here I think it's a -- you know, I kind of question the layout and some of the traffic circulation, but I'm not a traffic engineer and I can't tell you how -- you know, there is -- there is a thousand ways to do that, so -- my son goes to a school where traffic is, you know, horrible. So, it seems like that's an issue with kind of every school for, you know, a couple times during the day. But, you know, happy to see that this is -- that Cole Valley Christian School wants to Meridian Planning&Zoning Commission June 15,2023 Page 12 of 52 continue to develop in this area, to expand in this area. Very excited about those things. I'm just not excited about doing this project in this location at this time. Anyone else? Wheeler: Yeah. Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: I -- I have -- so my background is that I went to Nampa Christian and so, obviously, I will be voting no on this. No. I'm just kidding about that. That's just a joke. But, no, my -- my education has been through parochial schools and so I understand the fundraising side. I understand the building side. I understand the -- the difficulties on -- on -- on the timing and all those kinds of things when you don't have -- when -- when your funding source is largely donations and very good stewardship of such donated funds. I'm -- I'm of an opinion that I think if we could move forward with a DA agreement that would settle out some of the things that were discussed, I think it's something that might be able to -- to -- to -- just to have a win-win, as long as that DA agreement, you know, mitigate some of these concerns. I like the idea of -- of the school being there. I'm -- I'm with you, though, Mr. Chair, that, you know, traffic concerns are -- are -- are a priority and an issue. I -- I do see that they are -- they are trying to grow and -- and get -- get a large campus that will be a -- you know, a long future home for them and -- and in the growth -- and in the path of growth. So, I -- I see those things and I'm like this is a good -- this is a well thought out plan and idea on it, so -- so for me, with some of that sympathy from my upbringing and education and understanding, that I think we can mitigate a lot of these issues or at least put safeguards, I should say, for some of these concerns in the DA that -- that might help with everything from the traffic to the roads and everything else like that and I agree with you, too. If this was not a school, yeah, I think the -- I think the hearing would have been done last time that they were up in front. But I think -- I think that -- that's why I'm -- I'm in support of something like this, as long as we can put in good DA parameters. Seal: Okay. Thank you. Commissioner Smith? Commissioner Lorcher? Smith: Mr. Chair? Seal: Go right ahead. Smith: I hate being the person who shrugs his shoulders and goes, well -- well, this -- this is tough. But, yeah, it absolutely is. And I -- I -- I'm -- I'm personally in agreement with you, Mr. Chair, that -- that this is -- if this weren't a school. So, it would be quite an easy no. But, you know, I -- I think there is -- well -- and, you know, when -- when different applicants come in and there is different testimony around the disruption that construction creates, the disruption that growth creates, et cetera, you know, part -- part of the understanding is -- is that, yes, sometimes this is disruptive, but in the long run it is a -- the benefit to the community -- you know, it is worth it. Now, you kind of get into a balancing test with that and -- and -- and there I still have some unresolved questions Meridian Planning&Zoning Commission June 15,2023 Page 13 of 52 around -- you know, around timing, around commitments, around traffic flow, et cetera. I -- I will say I -- I -- I -- I tend to agree a little bit with Commissioner Wheeler of -- of -- if -- if we are able to nail kind of a DA and -- and, you know, where properly -- you know, make it hit the right items then -- then, you know, a lot of my concerns are -- are -- are still there, but they are much -- you know, they are lesser. My -- my issue is I don't -- I still don't know if I know enough to know what kind of nailing is -- it looks like and so -- so, there are some aspects -- I think, you know, Ersatz and Owyhee Storm we have we have identified, you know, some of those, you know, possible outcomes, but are are those the -- are those the best outcomes around timing. You mentioned, you know, timing around utilities, utility availability and things like that and -- and I'm -- I'm -- I -- this location I -- I think in the long run will -- you know, this -- this -- this will be -- this can be a strong location for -- for the site. I think where I most -- where I agree with you the most is just around the timing and, you know, I -- I don't know that I have an answer to that. I just want to get, you know, some of those thoughts out there, you know, partially thinking out loud and partially kind of calling into the void for -- for help on some of these -- these things, specifically around timing. I'm seeing if anyone has any ideas around that. Yeah. Seal: Commissioner Lorcher, go ahead. Lorcher: I actually like the phasing of this, so that the sports opportunities are ahead of the school. You are severely limited in what you can do over at your location at Carlton. My kids went to Meridian High School and they never were in a school that wasn't under construction. So, I understand how education can be challenging. Like Mr. Wheeler I was in parochial school my entire school, but it was all girls, so we didn't have -- we didn't have sports back in those days. But, anyway, I live in the impact area of Highway 16 and there is movement. There is development. It is happening. I think they still have some right of way issues that they have to resolve. I have become very friendly with the project manager with Highway 16 and I feel like they will do what they said they are going to do. So, as far as timing is concerned, that's really on the applicant, you know, when they are building their building and every -- all that construction is happening at the same time and your population will know that at that time and they can make those choices if they want to get involved in that traffic or not. So, like the other Commissioners, I -- I support the phase two occupancy for the motion and -- but at least in the next year or two we have got a very generous place for the kids to play sports. Wheeler: Mr. Chair? Seal: Go ahead, Commissioner Wheeler. Wheeler: So, Commissioners, can we just possibly talk through what would be a win- win solution for -- for us to include in the DA? It sounds like part of it would be occupancy being held up until the roadway on Ersatz is -- is extended. I don't know how to say that -- to where the blue line is at on this picture. I don't know how -- the right verbiage for that. Is that something that -- there we are -- we are all in agreement on? Meridian Planning&Zoning Commission June 15,2023 Page 14 of 52 Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: Yeah. Just -- Commissioner Wheeler, so my understanding of what the conversation was and kind of where I -- I landed was that occupancy of that school building being conditioned upon the construction of Owyhee Storm through that purple line and the construction of Ersatz, unless otherwise constructed by ITD. So, the full purple line, not just the blue line prior to occupancy of the school building. Wheeler: Okay. Smith: The idea is also just flexibility of who builds that Ersatz specifically. Seal: That's my understanding as well, is the occupancy would be contingent upon the completion of those two roads and the verbiage of that for Ersatz to include whether that be done by the occupant or ITD. Lorcher: Can I give it a go? Seal: Absolutely. Lorcher: All right. You can correct me if I'm not doing it right, but let me give it a go. After considering all staff, applicant, and public testimony, I recommend to approve to City Council File No. H-2023-0011 as presented in the staff report for the hearing date of June 15th, 2023, with the following modification: All detached sidewalks, multi-use pathways and street buffers along public streets, McMillan, Owyhee Storm, unless already constructed by ITD, will be completed before granting a certificate of occupancy. Seal: Did you include -- Wheeler: I would second that. Seal: Did you include Owyhee Storm and Ersatz? Lorcher: McMillan, Owyhee Storm and Ersatz. Seal: Okay. Does the second still stand? Wheeler: Yes. And I'm just clarifying, too, when you are saying occupancy, you are talking occupancy of the high school -- Lorcher: Correct. I don't think they need -- Wheeler: -- building. Meridian Planning&Zoning Commission June 15,2023 Page 15 of 52 Lorcher: -- occupancy for the sports area. Wheeler: Because they have other buildings on site and I just wanted to just double check on that. But that's the main one. I just wanted -- I want it just to be very clear. Lorcher: Okay. So, we can say certificate of occupancy for the high school -- the school. Because it's more than just high school. Wheeler: Okay. Yeah. I would second that. Seal: Okay. It's been moved and seconded to recommend approval to City Council of File No. H-2023-0011 as presented in the staff report with the aforementioned modifications. All in favor, please, say aye. I am a nay. But the motion passes. MOTION CARRIED: THREE AYES. ONE NAY. THREE ABSENT. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: I just want to make one extemporaneous comment here to -- to Superintendent Allen. I just wanted to thank you for your stewardship on -- of the school through its many decades in existence and how there has been a long chain of people that have supported such -- the school's education and what you are doing there. I just want to just acknowledge that and say good job and I hope that -- that what's gotten you this far will continue to move you forward. 4. Public, Hearing continued from 5-4-2023 for Costco Development (H- 2023-0007) by Barghausen Consulting Engineers, Inc., located at 3403 W. Chinden Blvd. A. Request: Development Agreement Modification to the existing Development Agreement [Inst. #2018-069276 (H-2018-0004), amended as Inst. #2018-114828 H-2018-0066)], which currently prohibits deliveries from occurring between the hours of 10:00 pm and 5.00 am to prohibit deliveries from occurring between the hours of 11:00 pm and 3:00 am. B. Request: Conditional use permit to allow extended business hours of operation from 6.00 am - 11.00 pm to 3.00 am - 11.00 pm. Seal: Thank you, Commissioner Wheeler. All right. Thank you everyone for getting through that one. Right now I would like to continue the public hearing for File No. H- 2023-0007 for Costco Development. Am I -- I was going to say, you looked at me like I'm out of sync here. Meridian Planning&Zoning Commission June 15,2023 Page 16 of 52 Allen: Mr. Chair, Members of the Commission, you don't want to continue the hearing, you want to open the hearing -- the continued hearing; correct? Seal: I thought we had continued this before. Allen: It was a continued item, yes. I'm sorry. You -- Seal: Am I okay? Allen: -- threw me. We will go forward. Seal: I have said things incorrectly before. You are correct. Allen: All righty. So, we have the conditional use permit before you tonight. The site consists of 17.2 acres of land. It's zoned C-G and it's generally located at the southwest corner of West Chinden Boulevard and North Ten Mile Road at 3403 West Chinden Boulevard. This property was annexed back in 2018. A development agreement was approved as a provision of annexation that was later amended. It prohibits trucks from delivering merchandise between the hours of 10:00 p.m. and 5:00 a.m. The Comprehensive Plan future land use map designation for this property is commercial. The applicant is requesting approval of an amendment to the existing development agreement to change the restriction on delivery hours to prohibit deliveries between the hours of 11:00 p.m. and 3:00 a.m., which is one hour later at night and two hours earlier in the morning. This application does not require action from the Commission, only by City Council. An associated conditional use permit is also requested for the proposed extended delivery hours, as the C-G zoning district limits business hours of operation 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 conditional use permit as requested. 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. An increase in the volume of truck deliveries is not proposed. Two delivery trucks, occasionally three, are anticipated between the hours of 3.00 a.m. to 5.00 a.m. 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, 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 hours for delivery. Noise generated from deliveries after the semi trucks are parked at the loading docks consist of engine idling, backup 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 is a total of four loading docks located on the northwest corner of the building. Right here. It's circled in red. Single family residential homes in Bainbridge Subdivision are being constructed -- constructed directly to the west of the site and are still under ownership by the Meridian Planning&Zoning Commission June 15,2023 Page 17 of 52 developer. Olivia Apartments exist to the south of this site. There is approximately 115 feet between the west side of the Costco building where the loading docks are located and the rear lot lines of the nearest residential property. On the south side there is approximately 80 feet between the south side of the Costco building and the backside of the nearest apartment building and over 350 feet from the loading docks. A dense landscape buffer with a six foot tall solid wood fence exists between Costco and the residential uses to assist in buffering and noise mitigation. A sound measurement report was submitted that finds the proposed extended delivery hours will not create significant impacts. During the public hearing before the Commission and City Council for the 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 neighbors' 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 that they would have the ability to stage deliveries because the trucks come from their own depots. That apparently hasn't been happening, as a side note, because trucks have been staying overnight, which shouldn't be happening. Written testimony in opposition of the proposed extended delivery hours has been received from adjacent residents as follows. A petition -- a petition was received with 33 signatures from the residents of Cadence, Bainbridge Subdivision, the western occupied portion of Bainbridge to the west of this site. A letter and five videos were received from Megan Coleman, Table Rock Management, on behalf of Olivia Apartments directly to the south, with evidence obtained from their own investigations of Costco's delivery truck, noise and its negative impact on their residents, which totaled approximately 122 people. A letter was received from Wade Ramsey from the homeowners association board of directors of Bainbridge Subdivision, which lies south of West Lost Rapids Drive and west of North Tree Farm Way. The primary objection noted is the use of the Tree Farm and/or Lost Rapids Drive by delivery truck traffic creating noise pollution and impacting sleeping residents in the surrounding community. In addition, the letter requests the modification to delivery hours is denied or at a minimum stronger action and street signage, including pavement markings, are required to make it clear that semi trucks may not utilize Tree Farm or Lost Rapids Drive to access and/or depart the site consistent with the access requirements in the development agreement and I will just note that real quick. The DA states the primary service access for Costco delivery trucks and other local vendors shall be from the driveway access from North Ten Mile Road, approximately 660 feet north of West Lost Rapids Drive. The driveway access from Lost Rapids Drive -- driveway approximately 350 feet west of Ten Mile Road may be used when access to the Lost Rapids and Ten Mile traffic signal is needed. A note through traffic -- no through truck traffic sign was required to be installed between the North Tree Farm Way intersection and the West Lost Rapids Drive service driveway access, which has been done. Three other letters of opposition were received from Mike and Melissa Bernard, Roger Nielsen and Liz Criddle. Again all in opposition. Because of the great amount of testimony provided from neighbors that resulted in the current limitation on the business hours of operation and the great amount received in opposition to the proposed modification, staff is not in Meridian Planning&Zoning Commission June 15,2023 Page 18 of 52 support of the change that would likely increase the negative impact on adjacent existing and future residents in the vicinity and thus recommends denial of the conditional use permit. Staff will stand for any question. Seal: Thank you, Sonya. Would the applicant like to come forward? Good evening, sir. Just need your name and address for the record, please. Ferko: Can you hear me? Seal: Yes, sir. Ferko: Hi. Good evening. My name is Chris Ferko. I'm with Barkhausen Consulting Engineers. Do you need my address as well? Seal: Yes. Ferko: 18215 72nd Avenue, South Kent, Washington. 98032. Seal: Thank you. Yep. The floor is yours. Ferko: All right. Thank you. Thank you for listening to our request tonight. I want to first introduce some people that are with me. John Ellingsen, who is a Costco Real Estate director, as well as Michael Yantis, who is an acoustical consultant who prepared the study that's before you tonight and what I want to do is run through a -- a PowerPoint presentation here and sort of read through some notes relative to our proposal. First off, though, I want to thank staff for their help with the application. They have been terrific throughout. We just respectfully disagree with their recommendation. So -- how do we change -- Allen: You should be able to hit the arrows on the keyboard or use the mouse. Ferko: Okay. There we go. Great. Thank you. So, Costco standard is to avoid conditions of approval affecting its business operations. However, Costco heard the neighbors concern several years ago and attempted to address them with the modified receiving hours, as well as good site design and defined delivery routes. We feel that this proposal falls within the spirit of that condition. Now, that Costco has been operating for the last several years it has found that completing all deliveries during the restricted time frame has been very difficult. While Costco can schedule delivery times at the depot, it cannot control when the deliveries show up at the site due to traffic. Consequently, there has been more idling, on-site maneuvering, queuing and challenging receiving operations and -- and just to clarify with regard to the trucks overnight, we -- we confirmed with the warehouse management that trucks do not -- are not allowed to wait on site overnight. So, if they missed the delivery window they are they are told to come back the next day. Costco considered options to address this problem. First reducing the volume of trucks, which isn't an option, because it will decrease the availability of goods inside the warehouse. Also expanding the receiving Meridian Planning&Zoning Commission June 15,2023 Page 19 of 52 docks isn't possible, because there isn't enough room to the west. So, Costco commissioned a professional sound study to evaluate and expanded delivery window for the same volume of trucks. So, the sound study collected data for two days along the south and west property lines and, then, evaluated the -- the data according to HUD guidelines. HUD guidelines are the most accurate method of assessing the acceptability of noise in a residential area, including sounds that have the potential to cause sleep interference. They acknowledge that windows could be opened or closed at the discretion of the resident. The HUD guidelines for acceptable residential use is 65 decibels or less. The predicted sound levels at the residences to the west are well within this guideline. Notably, the city's original decision anticipated that there would be homes next to loading docks and required the construction of a roughly six foot berm and, then, a six foot fence. The houses on the other side of the fence are also restricted to one story in height. The homes that are further back are protected from noise by intervening buildings and landscaping and the attenuation of sound over distance. Oh, I should make a clarification on this slide relative to the box trucks before 8:00 a.m. So, Costco is -- is not proposing that type of restriction. They are proposing no trucks whatsoever going behind the warehouse. So, that's a restriction that they will put in place. Also the original decision restricted truck routes. Trucks are required to use the north driveway on North Ten Mile Road. Trucks can also use the driveway on West Lost Rapids Drive to access to the signal at North Ten Mile Road. Finally, semi trucks are not permitted to travel behind the warehouse. In fact, all trucks will not be allowed. To make sure that trucks follow the correct route Costco will install wayfinding signs and provide directions to delivery drivers at the depot. Costco will also prohibit all trucks behind the warehouse. This addresses two key community comments. First off, the trucks are not traveling behind the warehouse as was a primary concern of the Olivia Apartment complex to the south. The noise of trucks traveling behind the warehouse was a concern of theirs. This proposal to prohibit trucks going behind the warehouse addresses that. Second, the trucks will not travel on West Lost Rapid Drive. As staff just mentioned there is a -- a sign posted that shows that no trucks are allowed to go that direction. That was a concern of that neighborhood as well. So, in summation, the additional delivery hours will provide Costco with the flexibility to resolve periodic variations in delivery times and minimize the time that delivery vehicles spend on site. The site sign travel routes and operation will maximize sound attenuation to adjacent residential properties. As such the request to extend the receiving time one hour in the evening and two hours in the morning is consistent with the intent of the original approval. It is also consistent with Costco's intent to being a good neighbor and a successful business in the community. So, that concludes my comments. Our team is available to answer any questions you may have. Seal: Commissioners, do we have questions, comments? Commissioner Smith, Commissioner Wheeler, anything to question or -- Smith: Mr. Chair? Seal: Go ahead, Commissioner Smith. Meridian Planning&Zoning Commission June 15,2023 Page 20 of 52 Smith: I -- I have a lot of questions on this, to -- to be frank and perhaps this is -- because this is -- I haven't been at the previous hearings on this prior to its continuance. But I -- I guess my -- my main question for the applicant beyond convenience and -- and, you know, marginal logistical strain, is -- is there anything about the current delivery, you know, the -- the current statute -- or current law around when Costco is able to receive shipments that is overwhelmingly harmful to the operation of the store, beyond, you know, logistical issues of -- of -- of, you know, I guess more marginal concern. I'm asking I guess is are there any severe impacts of things as they stand to Costco's business and ability to operate? Ferko: The -- the impacts are that there is some congestion that occurs basically in the middle of the day -- of the day when there are both delivery trucks, smaller delivery trucks kind of competing a little bit with trucks that come to pick things up at the warehouse and leave and so the issue is with all that activity going on there is a lot of movement outside and inside the warehouse that causes some concerns, not just with logistics, it can be a safety consideration as well and, ultimately, it just makes it very difficult to -- to get all the deliveries made in time and everything tends to back up and so -- so, it's -- it's a concern that has brought us here to request this approval. Seal: Okay. Thank you very much. Ferko: Thank you. Seal: Madam Clerk, do we have anybody signed up to testify? Hall- We do. Wade Ramsey. Ramsey: Good evening. My name is Wade Ramsey. I live at 4013 West Lost Rapids Drive in Meridian in the Bainbridge Subdivision. I did send a slide over with a map this morning that would make it a little easier to identify our area. If you can. Allen: I'm sorry, I didn't hear you. Ramsey: If -- if there is a slide -- I e-mailed a slide -- a slide to the city clerk this morning. It would be easier to identify our neighborhoods involved. Hall: Sir, may I ask are you representing an HOA? Ramsey: Yes. Bainbridge. Hall: Thank you. Seal: Madam Clerk, do you want to go ahead and reset the timer on him. Hall: Sir, around what time did you send the e-mail? I'm sorry, I'm having trouble finding it. Meridian Planning&Zoning Commission June 15,2023 Page 21 of 52 Ramsey: About 11:00 o'clock this morning. Hall: We found some, but -- Ramsey: That's fine. Hall: What name on the e-mail would it be coming from? Ramsey: It was under my name and it was a PDF. Hall: Ramsey? Ramsey: It was a Google Maps PDF is what it was. Starman: Sir, if you would like, we could probably have staff put a Google map up on the screen for you. Ramsey: If you can do that that would probably be sufficient. Starman: If that would work. Ramsey: If you can do that that's sufficient. Starman: Sonya, is that possible to -- thank you. Hall: Sir, I apologize, I do not have record of that e-mail. Ramsey: That's fine. Can you pull up a Google Maps of the area? Hall: They are working on it, yes. Ramsey: Great. Thank you. I will continue, then if that's okay. So, I'm president of the homeowners association for Bainbridge. I'm here representing the 572 homes -- or about 1,100 voters that live within our community. Thank you. By the way. In -- on that map the loop of Lost Rapids to Tree Farm, which is the south and west of the Costco, that's my neighborhood Bainbridge. Immediately south is the Olivia Apartments and immediately west of Costco is the Cadence at Bainbridge neighborhood. I suspect you are going to hear from both those groups tonight. For Bainbridge the board membership has discussed this proposed conditional use permit change and is in opposition to this change as initially outlined in my letter of May 1st. Our current concerns are related, like the Olivia property and the Cadence property, to the increase in noise and traffic, especially in the middle of the night. The current conditional use permit does not permit deliveries between the hours of 10:00 p.m. and 5:00 a.m. Costco assured area residents, as noted on page seven, paragraph three, of the staff report that they had full ability to control the delivery times, because those trucks were coming from their own distribution centers. As noted it's not clear why that has Meridian Planning&Zoning Commission June 15,2023 Page 22 of 52 suddenly changed. At our May board meeting and our June annual meeting for Homeowners this issue was discussed. The board unanimously agreed to engage on this issue and stand in opposition. Our membership was also overwhelmingly opposed to this change. This is an important issue to my community. We have also serious concerns that Costco has not lived up to the existing conditional use permit and its provisions related to truck traffic. Currently inbound truck traffic comes north on Ten Mile, turns west onto Chinden and enters the Costco lot nearest the loading docks via the northwest entrance. Outbound semi trucks are to exit reversing the same path, leaving via the northwest entrance to the -- of the Costco area, turning east on Chinden and, then, south on Ten Mile Road to get back to the highway. In rare circumstances if an outbound semi truck needs to go west on Chinden they are allowed to exit on the southeast of the Costco property immediately east of the Olivia Apartments turning east on Lost Rapids to the intersection of Ten Mile and, then, using the intersection signal to go north on Ten Mile and, then, west on Chinden. Again -- thank you. The current CUP does not permit any of that traffic for deliveries between 10:00 p.m. and 5:00 a.m. and does not permit any inbound traffic regardless of time via Lost Rapids. However, as outlined in the Olivia documentation online and observed by our own membership, semi trucks do, in fact, enter the Costco property via the Lost Rapids Road, including during the 10:00 p.m. to 5:00 a.m. prohibitive window. As required by the existing conditional use permit, there is a small, perhaps ten inch no truck traffic -- through traffic sign on Lost Rapids after turning west from Ten Mile. It is located among other signs and is easily missed. The map shows location -- it is on the northwest corner of the Ten Mile and Lost Rapids intersection. Like I said, it's about a ten inch sign. That sign may be seen by a truck driver after he or she is already on West Lost Rapids Drive and by then it's too late to do anything other than proceed down West Lost Rapids Drive. There should be a no truck traffic sign on the intersection turn signal posted to indicate no trucks can turn left from northbound Ten Mile onto Lost Rapids. There is not. More concerningly, we have observed semi trucks exiting the Costco property via the southeast and turning west onto Lost Rapids. Those trucks, then, pass Keith Bird Legacy Park, down Tree Farm Way and use the intersection light with Chinden to go west on Chinden. That path is expressly prohibited by the current conditional use permit, but there is no street markings or signage anywhere to communicate that to drivers. We have been told that before that there would be and there was not. The noise of semi truck engines, brakes and driving is a problem for all those homes along the Lost Rapids and Tree Farm route, including during the prohibited times. Beginning at 7.00 a.m. each morning there are several school bus stops along Tree Farm and Lost Rapids and children crossing the road. There are children throughout the Olivia Apartments, Keith Bird Legacy Park and the bike paths that are on both sides of Lost Rapids and Tree Farm Way throughout the early morning hours and daytime. While we wish they would all be careful they aren't and anything we can do to minimize truck traffic along that Tree Farm, Lost Rapids loop would be wise. While our current state is problematic from noise and semi truck perspective, we fear this will only get worse once Chinden -- the Chinden Road widening project is completed and Chinden is four lanes all the way to the Caldwell interchange and I-84. For trucks needing to go westbound on Chinden there must be more structural or education around that drive path. I would remind the Commission Members of the findings on page 12 of the revised staff report. Meridian Planning&Zoning Commission June 15,2023 Page 23 of 52 There are eight applicable findings and four of those encourage denial of this request. Finding two, which concerns the proposal being harmonious with the Meridian Comprehensive Plan. The finding is that it is not harmonious. On finding three concerning whether the change will be compatible with other areas in the neighborhood, the finding is that is not compatible. Funding four concerning that it is not -- does not adversely impact other properties. The finding is that the proposal will adversely affect -- affect the neighboring properties. Finding number seven concerning whether or not the proposal will be detrimental to any persons, property or general welfare. The finding is that it will be detrimental. As mentioned this is an important issue for our 572 homeowners. We are unhappy and opposed to the current way semi trucks enter and exit the Costco property, including after 10:00 p.m. and before 5:00 a.m. as permitted. The trucks create noise we did not anticipate. At times we were told they would not. The semi trucks take a route through our neighborhoods we were promised that they would not. At times they should not. We are opposed to any change that would relax the existing conditional use permit and, if anything, we would ask to see a change that is more restrictive than anything else. Thank you. Our residents in Bainbridge voters appreciate your time and attention. Seal: That wasn't your timer. That was just an Amber Alert. Ramsey: I thought it might be. Any questions for me? Seal: Commissioners, do you have any -- do you have any questions for Mr. Ramsey? None? Okay. Thank you very much. I appreciate it. Hall- Angela Ware, if you can, please, unmute. Ware: Hi. My name is Angela Ware and I work with the management of Olivia Apartments, which is just south of the Costco. We have said the majority of -- or a lot of what we were going to say, but in general we went out in the mornings and listened for the sound. There are some berms there just south, but we have units that are on the second and third floor which do not have any sound attenuation. That is the -- that could be and is impacted by the trucks and increasing the time period for which they can do that -- I understand that they speak about it not coming around the drive aisle, but what we found as -- as Wade spoke, was that they are not also supposed to be coming through North Lost Rapids and yet they -- they -- we found that they were doing that and on that side when they are come in through that drive aisle on North Tree Farm Road there are no berms and no separation for those residents who are sleeping. So, we find that impacting -- you know, the greatest impact being that we can do signage and that still may not prevent trucks from going in directions that are impacting to our residents and it's about 122 residents that are impacted and we found that, you know, sleep interruptions can happen -- or the World Health Organization said that sleep interruptions can happen at 45 decibels and my understanding from the Costco report was that it was based on windows being closed, the decibel levels and, you know, would hate to require residents to not -- not be allowed to open their windows if they want to get fresh air in the evening. So, for that reason we oppose this change. Meridian Planning&Zoning Commission June 15,2023 Page 24 of 52 Seal: Thank you very much. Commissioners, do we have any questions? No? Thank you. Hall: I'm sorry. Is there as Megan Coleman also with you? Ware: She is with me, but I am speaking on her behalf. Hall: Okay. Thank you. I have no one else signed up. Seal: Is there anybody else in Chambers that would like to testify? Come on up. I was going to say raise your hand, but you beat me to it. So, you are good. Criddle: Can you hear me? Seal: Yes, ma'am. Criddle: All right. My name is Liz Criddle and I'm at 6215 North Vicenza Lane. I just wanted to add to Wade and what the staff report said. Costco is not complying to their delivery hours as of now. My husband has called the warehouse and he actually called the police and they asked, well, what are you calling me for? So -- because at one point I think we were told to make an official police report that there are -- is noise. Sometimes it's 3:00 a.m. He is waking up quite often and I hear it, too. It's the forklift. It's not necessarily the beeping, it's the forklift and I thought it was a trash compactor just going pound, pound, pound. But that's all I wanted to say is that Costco is not following the guidelines that they said they would. I understand it's tough and trucks do park in the parking lot overnight. I'm there, I can see it, and I have seen them driving behind the warehouse as well and like -- like when they start they can't stop, you know, no way to do a u-turn. But, anyway, that's all I wanted to say, that they are not complying now and didn't even think about the increase in traffic when I -- when Interstate 16 goes through. So, anyway, that's all. Seal: Thank you. Criddle: Thanks. Seal: Appreciate it. Criddle: Can Igo? Seal: Yes, ma'am. Is there anybody else in Chambers that would like to testify? Anybody online you can raise your hand? Seeing none, Commissioners, if we have no further questions -- or sorry. I'm -- I'm at the wrong point right now. So, would the applicant like to come back up. Ellingsen: Good evening. My -- my name is John Ellingsen. I'm with Costco Wholesale Real Estate. My address is 999 Lake Drive, Issaquah, Washington. 98027. So, again, Meridian Planning&Zoning Commission June 15,2023 Page 25 of 52 thank you for your time this evening. We appreciate all of the -- the -- the neighborhood comments. We did, as a matter of course, meet with several groups or two groups, excuse me, both with Olivia and I believe it was the Bainbridge Development as well, but, again, I want to reiterate that our intent here is to remain compliant with the spirit and intent of the original condition. We are not asking to eliminate the condition, we are just looking for a minor modification in order to allow us to operate more efficiently on site and so with that, as we were tasked with this request, we wanted to ensure that we could move forward with something that wouldn't introduce a new impact or increase in impact on our neighbors. We wanted to continue to be a good neighbor and -- and operate harmoniously with both the established commercial side of things, as well as our residential neighbors to the south and to the -- and to the west. So, with Mr. Ramsey's comments talking about the truck route on Lost -- on Lost Rapids, my understanding of that original condition was that the Lost Rapids access was made available only during those times that the driveway off of Ten Mile Road was congested. So, it was a secondary route, if you will, to eliminate trucks from lining up on Ten Mile and not being able to make that left turn if they are able to get in on -- on -- on that first. If that's a misunderstanding and we need to clarify that, we are more than happy to do that. But that's how we were operating on -- on -- on the site. In terms of trucks traveling further to the west on Lost Rapids, I'm not aware of that particular issue and we don't allow our trucks to -- to run that -- that direction. It's possible that there is a lot of other commercial activity in the area, perhaps those trucks are there and we would be more than happy to work with staff to come up with better signage there for that contingency, but understand that we can continue to educate our drivers to avoid -- avoid that -- that route. So, I -- I think that addresses Mr. Ramsey's comments. Ms. Ware from Olivia Apartments -- we understand those concerns and clearly those apartments with particularly three third floor apartments adjacent to our south drive aisle could be problematic. So, we do recognize that and are going to fully restrict any truck movement on the south side of -- of our site. That's not to say that there -- there won't be vehicles that drive back there periodically. Those things are going to happen. It's a fire access. It's an open area that we do need to maintain and so it's possible the videos that we did receive and the -- the sound readings I believe was a truck with a trailer. It wasn't a delivery vehicle for Costco that was using -- using that, from what I recall. But moving forward we will -- we will ensure that that -- that restriction remains in place. And, then, Ms. Criddle on -- on her -- her last comments, I think echoing Mr. Ramsey, the issue of Costco not complying with the current conditional use permit I do take some exception there. We work very hard to comply with decisions of approval, conditions of approval and ensuring that we are -- we are a good neighbor here in Meridian and I think there are -- there are other commercial developments in the area. We can't control those. If trucks do happen to come on site after hours unscheduled, that's a problem that we will continue to -- to work on. But those kinds of things are outside of our control and we do our best to maintain those things that are in our control to, you know, hopefully be a good neighbor to both Olivia Apartments and Bainbridge. think that addresses all of the comments that we heard, but if there are any other questions I'm happy to address those. Seal: Okay. Commissioners, do we have any further questions for the applicant? Meridian Planning&Zoning Commission June 15,2023 Page 26 of 52 Smith: Mr. Chair? Seal: Go ahead, Commissioner Smith. Smith: I guess a -- a question for the applicant that out of -- out of curiosity. Have you personally lived near -- in -- in a situation near a site that regularly reaches these decibel levels -- you know, a freeway off ramp, a warehouse, anything like that? Ellingsen: I'm sorry, could -- could you -- I -- I had a difficult time hearing that. He was asking if I had personal experience? Seal: Uh-huh. Smith: Yeah. Or any of the applicant -- of the applicants -- you know, any of the applicants here have you personally -- Ellingsen: Yeah. Well, I -- I would -- I would answer that with, you know, I have -- I have worked with -- with Costco -- for Costco program for over 20 years, an employee for the last two and a half and in the development world for 30 years and we base our sound design and operations off of quantifiable objectable -- objective -- objective data, not off of, you know, a presumption or a feeling that something may be an impact. So, I say that, because when we evaluate issues like this, to ensure that we are doing the right thing and moving forward with a sound proposal, we -- we determine the facts and evaluate those to make a decision. We try to keep subjectivity and feelings out of those decisions to ensure that we are not creating an impact. Smith: Mr. Chair? Seal: Go ahead. Smith: I -- I respect that. I think part of what is at question here is -- at least for me personally is the reliability of some of the data, the -- the weight placed on some of the data and while we could have a larger philosophical discussion about this, I will admit -- I will admit the gist of this is that subjective experiences do tend to shape the interpretation of objective data and so that's why I was asking and you don't need to to answer that, that's -- having lived near an off ramp that was under construction and and repair for some time, I could personally attest that I have never been more fatigued and tired than I have been in those six months of my life and while 40 to 50 decibels might not be earth shatteringly loud or, you know, your drum rupturing, the equivalent of someone starting a conversation in your home certainly with someone -- you know, especially folks who might have insomnia or things like that, it certainly can be waking and can impact sleep quality. So -- so, that -- this is my issue and -- and I will leave it open for you to comment on that if you would like or if you would like to answer the original question. Ellingsen: Yeah. Thank you for that, but I -- and I appreciate the comment. I -- there is Meridian Planning&Zoning Commission June 15,2023 Page 27 of 52 a reason why there are guidelines and standards for evaluating this type of situation and the HUD residential sound guidelines, as I understand it, are the -- are the most robust and -- and reliable measurement for acceptable sound levels in a residential environment. So, they break that -- that down into an acceptable range, unacceptable and there -- there was a third, I apologize. But -- you know. So, there was -- there are benchmarks in which to measure those -- those kind of impacts and if we are within an acceptable range that -- that analysis is done over a certain period of time -- over a 24 hour period of time taking into account those noise levels through that period and how that could potentially impact a residence and so we are relying on -- on that standard to -- to make this proposal. Seal: Okay. Commissioner Smith, anything further? Smith: Sorry. No, not at this time. Thank you. Seal: All right. Any other questions, comments? All right. Thank you very much. I appreciate it. And with that I will take a motion to close the public hearing for File No. H- 2023-0007 for Costco Development. Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0007. All in favor, please, say aye. Opposed nay? MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: Who would like to go first? Smith: Mr. Chair? Oh. Seal: Commissioner Smith, go ahead. Smith: Just some thoughts and -- and I apologize if I have been too obvious in my predisposition here. I think, Chairman Seal, you said something well in the previous public comment -- or previous discussion around the previous application if this -- if it were school -- if it weren't a school it would be an easy no. I think this is for me one of the situations where, you know, the past application being a school takes it from an easy note to a more difficult discussion and this -- the facts surrounding this application make it very hard for me to move beyond it now. I -- I personally don't -- I -- I'm -- I'm -- I'm a big fan of Costco, to be clear. If you look at my -- our Costco brand credit card statements you will see, you know, we -- we shop there regularly. But I -- I just cannot bring myself to understand -- you know, the concept of neighborliness has come up a couple times and I can't understand another situation in which it seems to me to be neighborly to -- you know, if -- if -- if my neighbor is throwing a party and I ask if they Meridian Planning&Zoning Commission June 15,2023 Page 28 of 52 can keep it down and they tell me, hey, you can shut your window or if, you know, something happens because if someone else is misplanning of, you know, the timing of -- of an event they are throwing, one of my neighbors and -- and making that my problem around, you know, extending the -- the -- the sound -- the timeline for sound -- noise curfew, I just don't understand any other context in which it kind of seems to be the act of a good neighbor to place the responsibility and the impact of dealing with these issues on -- on one's neighbors and so to -- to be frank, I think, you know, Costco made the concession when this site was approved on keeping those -- that -- that time -- that window for its deliveries with the -- the impact -- you know, if it's 42 decibels instead of the 45, that one might deem, you know, to be adequately harmful -- and the EPA shows that 40 -- 40 -- and this is in public comment, some of the documents linked from the EPA, shows that 40 decibels is unacceptable in residential areas and so this is why I was asking, you know, about personal experiences, because like, you know, I can attest that it -- I would agree it's unacceptable. So, I -- I just don't see -- personally I don't see a route that would lead me to accept this barring, you know, additional conversations with the neighborhood to bring things in -- into alignment if neighbors could come to agree on some -- you know, some modifications, some compromise with the support of those -- those neighboring residents I -- I could potentially be -- you know, made -- made to be more amenable to this. But in its current state I -- I -- I don't see a path forward to -- to me approving this. It's just like kind of where -- where I'm at to, you know, make things clear. Seal: Okay. Commissioner Lorcher? Lorcher: Commissioner Seal, I own a transportation company and I have big diesel trucks. As a matter of fact, one of my trucks starter was going out and for the entire trip that -- he was gone for a week he never shut off his truck, because that would require him to be stuck in nowhere in Nevada and that would be even more expensive for us. So, things happen in trucking. Weather happens in trucking. Trucking is very fluid. We never guarantee a time of delivery, because a person could have a flat tire in front of you or cut you off or like in the city of Boise 3.5 inches of rain within, you know, 90 minutes. Anything can happen on the road and we need to be prepared for that. So, Costco can control when the truck leaves their warehouse, but they cannot control when they get to the store and for whatever reason, if it is without the 11:00 to 3.00 or 10:00 to 5:00, whatever time were -- or the 6:00 to 11:00 -- we have talked about so many times. But, you know, then they are required to stay overnight and they only can drive so many hours in a day, because they -- whether they are intrastate or interstate they have rules and regulations. With that in mind, knowing all three Costcos, the one on Cole Road, the one in Nampa and the one here in Meridian, Meridian is unique, because it is surrounded by neighborhoods, where the other two have a little bit more wiggle room, because it's more commercial or industrial. So, to be a good neighbor to the hours would be -- and with the overwhelming concerns of the neighbors would be an injustice to the neighborhood that they are -- are trying to serve. So, it would be a no for me as well. Seal: Commissioner Wheeler, do you have anything to add? Meridian Planning&Zoning Commission June 15,2023 Page 29 of 52 Wheeler: Mr. Chair, yeah. This is just really hard for me to -- to get behind based upon what was already previously agreed to when it first came through and also with the -- the neighbors -- residential -- and residential feedback on that. The -- you know, one of the things of being able to enjoy real estate is peaceful and quiet enjoyment means -- and we are trying to accommodate that and I think it's just something we need to continue with. So, I'm -- I'm going to -- I'm not going to be in support of this. Seal: Okay. Lorcher: Mr. Chair, I could do a motion. Seal: Feel free. Lorcher: After considering all staff, applicant and public testimony, I move to recommend denial to City Council of File No. H-2023-0007 as presented in the hearing on June 15th for the following reasons: Overwhelming concerns of noise, traffic and negative impact to the neighbors to the extent of the receiving hours at this time. Wheeler: Second. Seal: It's been moved and seconded to recommend denial to City Council of File No. H- 2023-0007 as presented during the hearing of June 15th, 2023. All in favor of the denial please say aye. No nays. It is denied. MOTION CARRIED: FOUR AYES. THREE ABSENT. 5. Public Hearing continued from 5-18-2023 for Julia Subdivision (H- 2023-0003) by Hesscomm Corporation, located at 2435 N. Black Cat Rd. A. Request: Annexation of 2.77 acres of land with an R-8 zoning district. B. Request: Preliminary Plat consisting of 10 buildable lots and 5 common lots on 2.77 acres of land in in the R-8 zoning district. Seal: All right. And with that we will -- I will say I think we are continuing this one, too. It's been never presented, but continued. Sorry. I have trouble keeping track. Allen: Chairman, Item 5 on the agenda, Julia Subdivision I believe you are referring to? Seal: Yes. Allen: You do have a staff report on it. The applicant I believe is here to testify tonight, so we are ready to go if you are. Meridian Planning&Zoning Commission June 15,2023 Page 30 of 52 Seal: All right. We will open File No. H-2023-0003 for Julia Subdivision. Allen: Thank you. The next applications are a request for annexation and zoning and preliminary plat. This site is an enclave consisting of 2.77 acres of land. It's zoned RUT in Ada county and is located on the west side of North Black Cat Road, midway between Ustick Road and Cherry Lane, at 2435 North Black Cat Road. The Comprehensive Plan future land use map designation is medium density residential, which calls for three to eight dwelling units per acre. The applicant proposes to annex 2.77 acres of land with an R-8 zoning district for the development of ten single family residential detached homes at a gross density of 3.61 units per acre, consistent with the medium density residential future land use map designation. A preliminary plat is proposed consisting of ten building lots and five common lots on 2.77 acres of land. Proposed building lots range in size from 4,151 square feet to 12,671 square feet. There is an existing home that is proposed to remain on Lot 4. All other structures are proposed to be removed. There is an existing driveway access via Black Cat Road for the existing home that is proposed to be removed. Access will be provided via the extension of Julia Avenue at the northern boundary of the site. Another driveway exists for irrigation district access from Black Cat that will remain. A 25 foot wide buffer is required along Black Cat Road, which is listed in the capital improvement plan to be widened from two lanes to three to five lanes between 2031 and 2035. Because the site is below five acres in size, common open space and site amenities are not required. However, the applicant is proposing .59 acre of common open space consisting of street buffer, open space with pathways and a storm drainage area. The Sky Pilot Drain exists on the adjacent property to the west and is piped and it also is on the subject property along the southern boundary and is open. This is required to be piped with development. The drain lies within a hundred foot wide easement, fifty feet on each side measured from center line. All of the lots along the western and southern boundaries of the site encroach within this easement and NMID has stated they will consider encroachments within the outer 20 feet of the easement with a license agreement similar to what they approved with the adjacent development to the west, Trisha's Crossing. You can see that easement line is depicted right here on all of these lots. No buildings or trees would be allowed in the inner 30 feet of the easement, but lawn and fences could be allowed. The Unified Development Code requires irrigation easements wider than ten feet to be included in a common lot that is a minimum of 20 feet wide, outside of a fenced area, unless modified by City Council at a public hearing with notice to surrounding property owners. The applicant is requesting a Council waiver on that. The width of the easement encroachment on this site is approximately 27 feet. The applicant requests Council approval for the easement to be located on building and common lots and that applies to Lots 7, 9 through and 15, rather than a common lot. If the irrigation district approves an encroachment agreement, as anticipated, there will only be approximately seven feet where no buildings or trees would be allowed. For this reason staff is supportive of the applicant's request. Several conceptual building elevations of one story homes with a bonus room over the garage were submitted as shown. Building materials consist of a variety of siding, some of stone or brick veneer accents. Staff recommends as a provision of the development agreement that all homes include brick or stone veneer accents on the street facing Meridian Planning&Zoning Commission June 15,2023 Page 31 of 52 elevations The existing home is proposed to be renovated and reoriented to take access from the internal street, rather than Black Cat Road. A new two car garage will be constructed accessible from the internal street from which access is provided. Due to concerns pertaining to the height of the homes and related privacy issues expressed during the neighborhood meeting with the original developer, the current developer has agreed to a provision in the development agreement that limits all houses to a single story in height with a bonus room above the garage with all windows facing the front of the lots. There has been no written testimony received on this application. Staff is recommending approval with the requirement of a development agreement per the provisions in the staff report. Staff will stand for any questions. Seal: Thank you, Sonya. Would the applicant like to come forward? Hessing: Bruce Hessing. 2338 West Boulder Bar Drive, Meridian. I love working with Meridian. The -- the planners are amazing. I couldn't say it any better than it was just said. I'm here for questions. Seal: Okay. Commissioners, do we have any questions? Lorcher: Commissioner Seal? Seal: Yes. Go ahead. Lorcher: So, all of the houses won't have windows on the back of the -- the buildings? Is that what I heard? Hessing: The main floor, yes. But the concern was do -- if we built two stories, we -- they didn't want -- the neighbors didn't want bedrooms facing bedrooms -- Lorcher: Right. Hessing: -- on a two story. Okay. Lorcher: But the one story and the bonus rooms facing the street; right? Hessing: Yes. Lorcher: But the backyard will have windows and things. But it's only one story. Hessing: One story. Yes. Lorcher: I got you. Hessing: So, we -- what we did -- we modified it from the previous developer that was wanting two stories -- it was just easier to be a good neighbor to say, hey, one story. Meridian Planning&Zoning Commission June 15,2023 Page 32 of 52 Lorcher: Okay. I have one more question. Seal: Go right ahead. Lorcher: Can you bring up the -- the preliminary plat -- plat plot again, please. So, site number 14 and 13, how do you -- how -- and is that another one? Fifteen? How do you access those? I see the cul-de-sac. How do you access -- how do you access number 13? The house. Hessing: There is that private drive right there -- I'm sorry. There is that private drive right there that Sonya is showing. Lorcher: Okay. So, it's a private drive for just those two houses? Hessing: Yes. Lorcher: And, then, number 12, is that a house? Number 12, is that a house? That triangle at the corner. Hessing: Yeah. The triangle in the corner is -- is also a house. Lorcher: Okay. And you access that from that private drive as well? Hessing: Correct. Lorcher: Okay. All right. Thank you. Seal: Okay. Commissioners, do we have any other questions of the applicant? None? Wheeler: None from me. Seal: Madam Clerk, do we have anybody signed in? Hall: We do not. Anybody in chambers want to testify on this? All right. I see nobody online raising their hand. If nothing further to add, thank you very much. Hessing: You are welcome. Seal: And with that I will take a motion to close the public hearing for File No. H-2023- 0003 for Julia Subdivision. Lorcher: So moved. Smith: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- Meridian Planning&Zoning Commission June 15,2023 Page 33 of 52 0003, Julia Subdivision. All in favor say aye. Okay. Motion carries. The public hearing is closed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: Yeah. Full disclosure on this. If you look at the full map of this I was in Lot 7 in the subdivision to the south previously, so I know this piece of property very well. They used to board horses here. So, It's an interesting piece of property. The road behind it for the -- you know, the easement in there for the -- the canal that's buried is -- that's -- that's always been kind of interesting as the vehicles pass through there and I'm -- I'm happy to see that they are going to continue if -- you know, if one -- or if the subdivision to the west has the encroachment to allow it for this it seems -- it seems logical and -- and something that could happen. It is a really strange parcel, because of the easement that's there and the access that needs to be provided, so in-fill like this is really really tough for sure. So, I think -- you know, I don't have anything -- I don't have any opposition to the -- you know, what's being done in here. You know, like anything, it would be like -- it would be nice to have a little less density, but they are, you know, within -- within -- within range, so I don't have any opposition to it. Lorcher: Mr. Chair? Seal: Commissioner Lorcher. Lorcher: Typically -- I can't speak for the rest of the Commission, but never really a big fan of that -- those private drives, because it can be kind of clustered, but based on the shape of this parcel and the fact that he has kind of spread them out a little bit, especially Lot No. 12, it looks like they have got a pretty significant -- depending on if the house is in the front of the property or the back of the property, it seems like a pretty nice place to, you know, put a house. It would be up to the discretion of the homeowners. They know what they are getting into if they are on that private drive. But I think that the -- the space with the cul-de-sac would be a good extension on Julia Drive for this parcel. Seal: Thank you. Commissioner Wheeler or Smith, do you have anything to add? Wheeler: Yes, Mr. Chair. Seal: Go ahead, Commissioner Wheeler. Wheeler: Yeah. For me this is kind of just, you know -- you know, you guys know me, I like in-fill projects. I like the creativity that comes with them. I'm with you, Commissioner Lorcher, that sometimes these private drivers can -- can cause -- cause issues, but I -- I -- this is a good project and it has my yes vote on this one. Seal: Commissioner Smith? Meridian Planning&Zoning Commission June 15,2023 Page 34 of 52 Smith: Mr. Chair, yeah, I -- I think I'm right there with the rest of the discussion. I -- tend to agree with Commissioner Lorcher that private drives aren't always ideal, but this implementation looks honestly, not -- not particularly, you know, too bad, so I don't -- I don't see anything with this that -- that is cause for concern for me. Yeah. And with that I -- you know, I -- I plan on supporting this. Seal: Okay. I'm looking for a motion. Lorcher: After considering all staff and applicant and public testimony, I move to recommend approve -- approval to City Council of File No. H-2023-0003 as presented in the staff report for the hearing date of June 15th, 2023, with no modifications. Wheeler: Second. Seal: It's been moved and seconded to approve File No. H-2023-0003 for Julia Subdivision with no modifications. All in favor, please, say aye. No opposed. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. 6. Public Hearing continued from 4-20-2023 for Fairview Apartments (H- 2023-0001) by Pivot North Architecture, located at 1005 E. Fairview Ave. A. Request: Conditional Use Permit for a multi-family development consisting of 150 apartment units on 8.25 acres of land in the C-G zoning district. Seal: And in the past we have just done a quick motion to recognize the withdrawal, so I will need a motion for -- to recognize the withdrawal for File No. H-2023-0001 for Fairview Apartments. Smith: So moved. Seal: We are just recognizing the -- the applicant's withdrawal of the file. Lorcher: So, what do you want me to say? A motion or -- Seal: I was going to say -- somebody said so moved and so just need a second. Lorcher: Oh. Second then. Seal: Move to recognize the withdrawal of the application of File No. H-2023-0001. All in favor say aye. Withdrawal is recognized. MOTION CARRIED: FOUR AYES. THREE ABSENT. Meridian Planning&Zoning Commission June 15,2023 Page 35 of 52 Seal: With that if we could take a quick bio break. Okay. We will be back in about five minutes. Thank you. (Recess: 8:01 p.m. to 8:08 p.m.) 7. Public Hearing for Loose Screw Brewery (H-2023-0025) by Michael Garcia, located at 105 E. Carlton A. Request: Conditional Use Permit to operate a brewery (food and beverage processing, minor) as the primary use and a drinking establishment to extend the operating hours beyond those allowed by the specific use standards for a brewery (UDC 11-4-3-46) from an existing 8,185 square-foot building on 0.45 acres of land in the O-T zoning district. B. Request: Administrative Design Review (Director Approval Only) to modify the exterior fagade of the existing building. Seal: Okay. And with that we will -- excuse me. We will open File No. H-2023-0025 for Loose Screw Brewery and we will begin with the staff report. Ritter: Thank you, Chair and Commission. Tonight we bring before you a request for a conditional use permit for Loose Screw Brewery. The applicant applied for a conditional use permit to operate a brewery, which is a food and brewing processing minor per the code and the primary -- as the primary use and also a drinking establishment to extend the operating hours beyond the allowed specific use standards for the brewery for the existing -- from an existing 8,185 foot square -- square foot building on .5 acres of the land that is in the OT zoning district. The director has already approved an administrative design review for the proposed modifications to the exterior facade of the existing building. The applicant is asking for extended operating hours. This property is located within 300 feet of property used for a church and any other place of worship or any public or private education facility. Therefore, the operating hours for this proposal shall be limited to -- from 11:00 a.m. to 10:00 p.m. with this conditional use permit. Because the specific use standards for a brewery are limited, the applicant has requested that they are deemed as a -- has requested and we have established that they are deemed as a drinking establishment to allow the extended hours to 12:00 a.m. The -- as noted, the use standards for drinking establishments do not allow operations of such a use within 300 feet of an existing church and school. Staff is currently processing a code amendment to remove this requirement. Staff anticipate that the proposed code changes to be discussed with the Commission during the July 6th Commission hearing. Upon approval of the code amendment the proposed project will be allowed to extend its operating hours. As far as parking, this property is zoned OT, which would require one parking space per one thousand square feet of gross floor area and require -- it would require eight parking spaces. However, the change in use requires the applicants to meet the higher parking requirement of one parking space for every 250 square feet of gross floor area, which would require them to have 33 parking Meridian Planning&Zoning Commission June 15,2023 Page 36 of 52 spaces. Currently there are only 28 parking spaces to serve this site. Staff is requiring the applicant to enter into a parking agreement to meet the required needs for the -- for the proposed change of use or submit a written -- written document from the owner allowing the use of the adjacent law office parking, since the property -- excuse me for not -- since the property is under common ownership of -- the property adjacent to it is under common ownership. Excuse me. This is my first one. Kind of nervous. As you can see the property adjacent to it is under current ownership. So, this is for the Loose Screw Brewery and this is the parking -- adjacent parking lot for the law firm. Another thing that was brought to attention from the staff report is that there currently isn't a trash enclosure for this particular applicant -- application. So, the applicant will be required to coordinate with Republic Services of Meridian to -- for the appropriate size and location of the trash enclosure. Currently they are proposing to put a trash enclosure here, but we will need -- they will need to provide documentation from Republic for the appropriate size and location of that. The applicant has also proposed the use of a food truck for this proposal, as you can see on the site plan. Currently the city does not allow the use of food trucks through a conditional use permit. They will have to apply for a temporary use permit through the City Clerk's Office for the use of a food truck. Again, staff has approved a design review for the exterior of the building itself. The land -- the proposed landscaping modifications and any work within the parking lot and the trash enclosure will need to -- the applicant will need to apply for a certificate of zoning compliance and it will need to be submitted and approved by the Planning Department prior to the building permit submittal to adjust the parking site modifications associated with the construction of the new trash enclosure and that is the condition seven and eight in the staff report. And this is just pictures of what exists on the site right now. Staff recommends approval of this conditional use permit with the conditions listed in the staff report and at this time staff will stand for any questions that you have. Seal: Thank you. Does it feel good to get that first one out of the way? Oh, my God, it did. I'm sorry about -- Wheeler: You did great. Seal: Would the applicant like to come forward, please. Good evening, sir. I need your name and address for the record, please. Garcia: Sure. Mike Garcia. 2250 West Boulder Bar, Meridian. 83646. Commission, city staff, thank you this evening. First and foremost thank you for, you know, everything you do. Being a former Planning Commissioner of another city I really do appreciate the due diligence which was represented tonight in the -- in the previous applications. Loose Screw Beer Company is a family locally owned company by my wife and 1, along with our -- our brewer, who is a -- a recent add to our ownership group. We have got a current tap room north Meridian at Linder and McMillan. We are, you know, really excited about bringing something I think new, innovative to downtown Meridian, in addition to improving the old kind of dilapidated building that's been vacant for -- for over a decade. Meridian has really been at the top of our list the entire time Meridian Planning&Zoning Commission June 15,2023 Page 37 of 52 when we were going been going through our due diligence of where we wanted to place our next production facility and tap room, we -- we did check out a number of other cities, but Meridian and really specifically downtown, kept on coming back to us. We had a tremendous amount of support from city staff and -- and -- and Council and specifically Mayor Simison and -- and this project, even highlighted it in the state of the city speech and -- and that really -- you know, really genuinely appreciated that and in addition to just all the support we have received from the community when talking about this project and bringing something like this to downtown and this property -- I mean we have -- we have been looking for, you know, specific checkboxes for us. Production. Tap room space. First and foremost parking, private event space, and something that's located within a high traffic area in addition to having pedestrian access. The site fits -- fits all these needs and -- and, again, we are looking forward to improving this -- this project. I'm not sure if you guys were aware of the -- the -- the prior use, but, you know, we are looking forward to breathing -- breathing some light into this -- life into this building. Let's see if I had any other notes to -- to bring up. But, no, we welcome any kind of questions about this project or the company itself. Seal: Thank you very much. Commissioners, do we have questions? Commissioner Lorcher. Lorcher: Mr. Chair. You are going to have a heck of a Halloween party I'm sure over there. I guess the only thing I have concern with is that -- again, I had mentioned to the room that I own a trucking company and we are pretty old school, so we have a P.O. box and we do a lot of our communication snail mail. So, I go to the post office every day. Now, the good news is that Cole Christian is going to move out and that will alleviate some of the parking over there. The bad news is they are not going to do it for two or three years and so I have given up trying to park in the parking lot at the post office. I am done. I'm not doing it anymore. We park actually in the parking lot of that building quite a bit and I know there is a fair amount of overflow from the -- excuse me -- the school that is there, as well as -- I can't believe -- I went by yesterday and usually all the rural trucks are there. There was not a one. So, I don't know where they all went. But, anyway, I think the only challenge you are going to have over there between the hours of 11:00 and 5:00 when the post office is actually in operation is competing with the public to be able to be in that parking area. But I would not be inclined to decline it just based on that. So, that's all I have to say. Seal: Commissioner Smith, Commissioner Wheeler, do you have any questions for the applicant or staff? Smith: Mr. Chair? Seal: Go ahead, Commissioner Smith. Smith: Yeah. So, just -- I may have missed it, but I just wanted to ask about something mentioned in the staff report about parking -- you know, shared parking with the co- owned law firm. I know that's not necessarily part of the application as it is. Do you Meridian Planning&Zoning Commission June 15,2023 Page 38 of 52 anticipate that being something that you are going to pursue or some of this is -- you know, in -- in the works. Garcia: Yes. I can definitely speak to that and we actually have a representative from the ownership group of the -- the -- the subject site in addition to the parking lot and the parking lot, you know, is not owned by -- by the law firm, it -- it is through the JRT ownership group. But, yes, we -- we have a very close relationship with them and we are prepared to sign an agreement allowing us, you know, access to that site after 6:00 p.m. and that puts us well over -- you know, obviously, we started at eight -- eight parking stalls, but now at 33 this will put us well over that. Smith: Great. Thank you. Seal: Okay. Any other questions? Madam Clerk, do we have anybody signed up to testify? Hall: We do. Chelsea Major. Seal: All right. Thank you very much. Garcia: Thank you. Major: Just a couple weeks ago. Seal: You have been here. Yeah. Major: New favorite activity. Hi. Chelsea Major. 1029 East 3rd Street, downtown Meridian. I am a local resident, neighbor and small business owner as well. I just wanted to speak on behalf of -- of Mike and Pam and -- and their great company that they have today. They have been really good mentors to the small business community, as well as they are bringing something to this building which, if you live nearby -- and I do -- it's been kind of sad and really, really depressing for a really long time. So, I just wanted to speak to say I think it's really great to see more things coming into our neighborhood that we really need and we want to bring more culture and community down here and -- and Mike and Jim have done a great job of bringing that to Meridian and they are going to continue to do that. So, thank you so much. Seal: Great. Thank you very much. No one else? Anyone else want to testify on this application? Seeing none, if the applicant has anything further to add? No? Signifying no. And with that I will take a motion to close the public hearing for File No. H-2023- 0025 for Loose Screw Brewery. Lorcher: So moved. Wheeler: Second. Meridian Planning&Zoning Commission June 15,2023 Page 39 of 52 Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0025. All in favor, please, say aye. None opposed. Public hearing is closed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Lorcher: Well, I kind of said my say already as far as like the parking for the parking lot, but if this truly is going to be the rendering, the -- it will -- like Chelsea said, the building needs a little love and so with the administrative approval of the design I think it will be a good welcome improvement to Old Town for sure. Seal: Yeah. I would agree that -- I mean the fact that it's going to take something and, you know, renew it, refresh it and, you know, reconfigure it to -- to have another purpose is good for sure. So, hopefully, it's not too creepy in there. I'm sure that's going to be a theme somewhere along the way. Lorcher: Oh, yeah. They are going to have a beer named -- you know, isn't there Liquid Death already? I mean -- Seal: Absolutely. Absolutely. So -- I mean it's good to see that, you know, Old Town is being refreshed like this. So, it's good to see that that's happening, you know, in a way that's not necessarily, you know, multi-story buildings and, you know, big -- big store names and things like that in. So, happy to see it. Happy that the parking agreement will be easy for you guys. So, look forward to it. Seal: Commissioner Smith or Wheeler? Got anything to add? Smith: Yeah. Mr. Chair? Seal: Go right ahead. Smith: Yeah. I just -- this is -- this is a great development to see. This is exactly the kind of thing we want more of in Old Town. You know, more -- more local businesses. You know, in, you know, somewhat walkable distance to other locations as well it's always good. It's good to see things being renewed and having been to, you know, the existing Loose Screw location a couple of times, you know, the -- any concerns about, you know, the, you know, social externalities or anything, I have none of that. You know, it's -- it's a well maintained property. Seems like a stand up business and I'm excited to have more of it in Meridian. Wheeler: Mr. Chair? Seal: Commissioner, anything to add or -- or a motion? Wheeler: Yeah. Mr. Chair. Being that they are close to -- Seal: Oh, did we lose you? Meridian Planning&Zoning Commission June 15,2023 Page 40 of 52 Wheeler: Oops. Sorry. There it is. Mr. Chair? Seal: Go right ahead. Wheeler: Sorry. I had it on mute there. I was just going to ask the applicant if they had -- you know, I guess -- you know, they are going to be close to an attorney's office and just wanted to know if that kind of scared them at all. My only -- my only thought there. They might not want to take after the No Lawyers Bar and Grill for sure. But, no, I'm in support of this. It's always nice to see these refreshers happen and uses happen in Old Town. Seal: Go right ahead. Lorcher: Mr. Chair, with that -- after considering all staff, applicant and public testimony, I move to recommend to City Council File No. H-2023-0025 as presented in the staff report for the hearing date of June 15th, 2023, with no modifications. Wheeler: Second. Seal: I didn't actually hear the word approval. Lorcher: Did I not say approve? Seal: Did not say approval. Lorcher: Oh. I move to approve and everything else I said. Seal: Okay. Does the second still stand? Wheeler: Yes. Yeah. Not sure which one you got, but -- Seal: Okay. It's been moved to recommend approval of City Council of File No. H- 2023-0025 for Loose Group Brewery. All in favor, please, say aye. Starman: So, Mr. Chairman, I -- I thought we corrected it and, then, I think not now. So, let me kind of just ask a clarifying question. Well, first of all, let me make sure I'm correct. This is a CUP, so you are the deciding body. Seal: Oh. Lorcher: Oh. So, it doesn't go to Council. Starman: So, no -- Lorcher: Reading the script. So, let me do it again. Meridian Planning&Zoning Commission June 15,2023 Page 41 of 52 Starman: So, if you can read it -- entertain that motion one more time, but it's for approval sign, not a recommendation to the Council. And I think that was our -- let me fess up on behalf of the staff and that was our error in the hearing notes, we had the wrong verbiage there. But should it be for your -- for approval. Seal: Okay. Yeah. And sometimes when it -- when it's packaged with something else we will still do the recommended, that's why I was -- didn't hesitate on that one. But go ahead. Lorcher: Let me do it again. After considering all staff and public testimonies, I move to approve the conditional use permit for File No. H-2023-0025 as presented in the staff report for the hearing date of June 15th, 2023, with no modifications. Good? Seal: Do I have a second? Smith: I will second. Seal: Okay. It's been moved and seconded to approve File No. H-2023-0025 for Loose Screw Brewery. All in favor, please, say aye. Motion passes. Congratulations. Good luck. MOTION CARRIED: FOUR AYES. THREE ABSENT. 8. Public Hearing for Black Box VR (H-2023-0022) by Black Box VR, located at 950 N. Hickory Ave. A. Request: Conditional Use Permit approval for Suite 100 to include an indoor recreation facility (Indoor Virtual Reality Fitness Gym) on 1.325 acres of land in the I-L zoning district. Seal: All righty. And with that we will open File No. H-2023-0022 for Black Box VR. We will begin with the staff report. Hersh: Good evening, Mr. Chair and Commissioners. The applicant has submitted a conditional use permit for Black Box VR. The site consists of 1.325 acres of land, zoned I-L, located at 950 North Hickory Avenue. History on the property. A certificate of zoning compliance was approved for the site landscaping and the actual building. The Comprehensive Plan FLUM designation is mixed-use nonresidential and the summary of the request is a conditional use permit request to operate an indoor recreation facility -- facility from Suite 100 in an existing 23,000 square foot flex building is -- is proposed. The proposed indoor virtual reality fitness gym is considered an appropriate use and meets the development guidelines listed for the -- for this designation. The use is also consistent with the planned unit development approved in 1991 for the Gem Tone, Inc., which approved a mix of commercial and light industrial uses and the I-L zoning district. This use is proposed to be contained within an existing flex building as noted above. The tenant space for the virtual reality fitness gym will be Meridian Planning&Zoning Commission June 15,2023 Page 42 of 52 approximately 2,780 square feet within an existing building with no exterior modifications proposed. The applicant submitted a site plan showing the tenant space for the reality fitness gym and based on the proposed tenant space of approximately 2,780 square feet of gross floor area a minimum of six off-street parking spaces are required. The building and other site improvements are existing include the off-street parking for the entire flex building, according to the submitted site plan showing the existing site conditions. A total of 49 parking spaces are approved exceeding UDC standards. Based on the six parking spaces provided for this use a minimum of one bicycle parking space is required to be provided and that was also provided on and pointed out on the site plan. Landscaping. The ten foot wide buffer is required along East State Street and the 20 foot wide buffer is required along North Hickory, which is a collector street and the parking lot landscaping is all existing as well as you can see on the landscape plan and staff has analyzed this and it does -- it is in compliance with the landscape code sections in the UDC. The building elevations -- the building was -- these are just perspectives. This was already approved with the Certificate of Zoning Compliance and design review and staff recommends approval with the conditions listed in the staff report and staff stands for any questions you may have. Seal: Thanks very much. Would the applicant like to come forward, please? Good evening, sir. Need your name and address for the record, please. Lumetta: My name is Sam Lumetta. I am at 2050 Riverknoll Court in West Linn, Oregon. That's where I live. I am here to talk about the -- Seal: Can you get a little closer to the microphone, please? Lumetta: I'm here to participate in the CUP hearing for Black Box VR. Super excited. I do have a PowerPoint presentation that I sent. All right. Okay. Here we go. Just to give a brief overview of the company, our founders Ryan DeLuca and Preston Lewis, started the company in 2017. They have been operating the -- the company since then and have operated a few gyms -- one gym here in Boise downtown area and, then, another gym in San Francisco. We also had pilot gyms out in Arizona and San Diego that we have recently divested in, but what's exciting about this is we have two founders from the -- the Idaho area -- Boise, Idaho, area. They are -- they have -- they are entrepreneurs. Ryan founded Black -- or bodybuilding.com back in the late '90s. Grew that to a half a billion dollar company and, then, sold that and, then, this is his next venture into virtual reality fitness. Next slide. Our -- our -- the problem America is having in the fitness industry is that Americans are not physically active and working out is not fun. So, naturally by human nature working out is against what we want to do. It's painful. It's -- it's hard and very few people stick with their workout routines and we are looking to try to solve that problem with our solution and our solution brings in three things that we believe are key to keeping people adhered to it. Number one, entering gaming into this situation, which is -- has addictive properties, so people actually forget they are working out, because they are in a game. They are actually in an arena shooting lightning bolts at the enemy and the enemy is shooting at you and you are sending champions in and it's really just a fun experience. You are doing all that while Meridian Planning&Zoning Commission June 15,2023 Page 43 of 52 in -- in virtual reality with the -- the 3D, you know, all immersive headsets on and so it's -- it's a 3D immersive environment and you are doing it while working out in a cable resistance machine that's electronic controlled by the game. It's electronically controlled by the game. And so what this does is it allows you to get a high intensity workout while basically tricking your mind into -- into, you know, playing a game in an addictive nature. It's similar to sports where you really get into something you don't realize you are exerting that much activity and we have proven over those five or so years we have been operating it -- it really makes a big difference. People that have experienced this are really into it and they are really believers in it and you see the transition in their lives, not just in physical fitness, but in -- in their lives in general. Next slide. We are currently located -- like I said we had a gym in Boise and a gym in San Francisco. We do desire to -- to open this gym in Meridian and we -- after -- this will be our flagship gym. We have put all our learnings together over the last five years into this gym. It is the right size. It's the right location. And we believe it's in the densely populated -- populated area of our core customers and so we believe it will be a big success and we are going to use this as our model gym for future franchisees and so once we get rolling I estimate Q-1 next year, we will be entertaining franchisee people to come in and witness this gym and this will be the template for them to follow as we expand across the U.S. Next slide. A little bit of a view on the product. You see on the left that's our electronically controlled machine. We have our Generation 2 machine being developed right now and that will be launched with this gym and it's higher load capability, it's smoother use and it's quicker responding. We also have a -- we use the Vive Pro 2 headsets. We are -- we don't produce the headsets, but we use the -- the -- the best offering today and we plan to adopt the best technology -- technology as it -- as it comes into the market. We also have our own app -- phone app where it controls and it tracks all your workout data. It controls all the energy, all the workouts and your progress over time and it's a fully functional system that doesn't require any manual input. It's -- it's all captured there, every workout electronically. And on the right you see that there -- the workout environment is -- is you are in a private booth and you are working out in the Metaverse and it's quite an experience. Certainly invite all of you to come and experience it once we open. Next slide. So, basically, we have -- we have learned from our customers that people enjoy doing this workout. They -- they transform their bodies into something they have never experienced. We get a lot of feedback about how people transform their -- their lives, not just their physical fitness and the name Black Box is -- is just that, it's -- we have an input and an output and that black box is the magic that transforms things. Next slide. We are very excited to find this site. We have been searching for a site for roughly four or five months and we found this site. It's flex industrial. It's in the right location. We -- we don't believe our marketing strategy is to have road frontage, which is retail space, which is roughly double the cost in rent. So, we believe this is the right sweet spot for us. It's the right square footage, the right cost and -- and, you know, we believe our cost and the -- he parking and all the other things that are there for the community. Next slide. I think I got a couple more. We can go past this. This is the general layout. So, on the right you see the -- the layout of the building. We have the Unit 100, which is over on the left and -- and -- and, then, that unit -- you can see the illustration on the left. We have 14 booths that are private booths. We have an area in the -- in the middle for people to enter in and -- and socialize after workouts and, then, Meridian Planning&Zoning Commission June 15,2023 Page 44 of 52 we also have at the front kind of a media area for social media for people to take selfies and things like that with the right accent lighting. Next slide. And this is the last slide. It just gives you an illustration of our latest theme drawings. On the left is the exterior signage that we are -- we are working to get approved and on the right is the -- the gym with our front lobby area and some illustrations of our customers there after and before workouts. So, that is it. Thank you very much. Seal: Thank you. Commissioners, do we have any -- excuse me -- any questions for the applicant or staff? Wheeler: Mr. Chair? Seal: Mr. -- is that Commissioner Smith or Commissioner Wheeler? Wheeler: I will let you guess. I'm just kidding. This is Commissioner Wheeler. Seal: Go ahead. Wheeler: One of the things that I noticed in the staff report -- and this is for the applicant -- something that is in the staff report is it said that the -- the hours of operation are between 6:00 and -- 6:00 a.m. and 11:00 p.m. Is that -- are those the hours that you guys are requesting to operate within? Lumetta: I -- I believe that is. I don't believe we -- we operate our Boise gym that late in the day, but -- but, yeah, I believe we submitted the paperwork with that. Wheeler: Okay. Lumetta: The -- the -- the opportunity and the -- the idea is to offer people opportunity before and after work and in hours where they have free time to -- to come work out. On those areas where people are at work it is a less usable time. So, we have peak times typically in a typical -- typical workout times in the morning and in the evening. Seal: Any other questions? Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: A couple questions. So, one, did -- did I hear correctly that you said you -- you mentioned having divested from a couple of locations. Lumetta: Yeah. Part -- part of our journey as a startup company is to figure out what our -- the best business model is for us to expand and what we learned is that we had a gym partner, Eos Fitness in Arizona, that we partnered with a few years ago before I was at the company. I have only been there about a year and a half. And what we Meridian Planning&Zoning Commission June 15,2023 Page 45 of 52 learned is that we were out of phase with that business strategy, because our brand wasn't recognized yet, so people were going into a gym that was really a low budget gym and they are talking -- we were trying to upsell them to a premium featured boutique gym and so we kind of -- it's kind of like the analogy I use is -- is the Starbucks model, like if -- if -- Starbucks started out as a boutique coffee shop that really built their brand off -- off their quality product and, then, it took -- after their brand was recognized, then, they started going into the Safeways and to the Fred Meyers. If they would have started going into the grocery stores and asking people to pay five dollars for a coffee they would have not succeeded. So, we kind of had that phasing issue where we believe with our franchise model we will build the brand, we will expand across the country. Once the brand reaches that critical mass, then, you can offer different offerings in a gym inside of a gym type offering. So, we decided to delay that type of business model. So, we -- we shut down our gyms in the Arizona and the San Diego area for that reason, to focus on the franchise model. Smith: Got it. Thank you. That -- that makes sense. And, then, the second question -- and this is -- I mean maybe it's a little bit more curiosity. I mean feel free not to -- not to answer, if I'm -- if I'm probing too deep -- Lumetta: Love it. Smith: But we kind of -- you know, I'm sure you are aware of -- of the reason -- you know, Apple announcements. Are you -- is there any thought of, you know, potentially the -- like the value prop of the thing that attracts people to these locations, may be diminishing over time as, you know, personal VR kind of gets more affordable, accessible, common? Lumetta: That's a great question. We -- we hope to -- to both offer this offering, which is a boutique gym offering, and, then, also stay up with technology as the -- as the Metaverse and people start to adopt it more readily. There is a lot of benefits to us for that to happen and so we are -- from a headset and a VR experience perspective just over the past year or so it's really been a huge stride forward. So, we plan to be fast followers on the technology as it develops in the VR world. And, then, from a -- from a -- an interest perspective, you know, we have a long road map of technology and things we want to do and that -- and one of them includes in-home unit -- a unit and so that is on the road map and that's our method of bringing this into a more personalized thing as it becomes more popular. We are making the best offering right now for us to offer a unique experience and kind of a social community feel is this boutique gym model. Now this is our first in as a startup and, then, we will expand into different business model areas as we go forward. Smith: Makes sense. Lumetta: It's something like the new headset offerings, all of -- almost all of our company was on that video watching that as they were announcing it. We were so excited about it and so it's not out until I think quarter two next year. So, we are excited Meridian Planning&Zoning Commission June 15,2023 Page 46 of 52 to evaluate that and see if it's applicable to our technology. Smith: Awesome. Thank you. That -- that's all the questions I have. This is -- you know, this has been something that's I -- I have seen these and I have gotten some ads for it and -- and it's -- you know, as someone who is -- has an interest in VR and an interest in fitness, I mean it's always been something that's -- I -- I -- I -- I think this is an interesting concept and -- and, you know, it looks pretty cool. So, thank you. Seal: Okay. Anything further? Any anybody signed up to -- Hal: Mr. Chair, there is not. Seal: Anybody want to testify? I don't think so. Okay. Nothing further to add, we will go ahead and close the public testimony. Thank you. And with that I will take a motion to close the public testimony for File No. H-2023-0022 for Black Box VR. Lorcher: So moved. Wheeler: Second. Smith: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0022. All in favor, please, say aye. Motion carries. Public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Seal: Yeah. This is kind of cool. It's -- it's nice to see something coming in -- you know again -- and we have got quite a few applications that kind of deal with things coming into Meridian. It's good to see something, you know, different kind of coming in and choosing Meridian to -- you know, to kind of help flush this out and, you know, continue the business model as it goes forward. So, wish you the most success with it. It's -- it's interesting that it's not going to be kind of retail front. Honestly, I think that's probably a smart move. So, one of the traditional gyms that I frequent does that and they do very well with it, so -- anybody else? Or a motion? This one seems pretty straightforward. Lorcher: Mr. Chair? Seal: Yes, Commissioner Lorcher. Lorcher: After considering all staff, applicant and public testimony, I move to approve File No. H-2023-0022 as presented in the staff report for the hearing date of June 15th, 2023, with no modifications. Wheeler: Second. Meridian Planning&Zoning Commission June 15,2023 Page 47 of 52 Seal: It's been moved and seconded to approve File No. H-2023-0022 for Black Box VR. All in favor, please, say aye. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. 9. Public Hearing for Ten Mile Costa Vida (H-2023-0018) by Cushing Terrell, located at 413 S. Innovation Ln. A. Request: Conditional Use Permit for a new approximate 8,815-foot multitenant building that includes restaurants with a drive-through located within 300 feet of an existing drive-through facility, residential district, and existing residences on 1.43 acres of land in the C-G zoning district. Seal: With that we will open our last application, H-2023-0018, for Ten Mile Costa Vida and we will begin with the staff report. Hersh: The applicant is here to discuss the Ten Mile Costa Vida. They submitted a conditional use permit. The site consists of 1.43 acres of land, zoned C-G, located at 413 South Innovation Lane and previous application history is annexation and a development agreement, private streets application and we actually already just approved a CZC and design review for the site and building and the FLUM designation is commercial within the Ten Mile Interchange Specific Use Area Plan and the conditional use permit request is for a new approximate 8,815 foot multi-tenant building with a drive-through, located within 300 feet of an existing drive-through facility, residential district and existing residents. The proposed multi-tenant building will include space to accommodate Costa Vida with up to two additional tenants upon the completion of the project. The proposed site layout for the multi-tenant facility includes a separate stacking lane that provides queuing for multiple vehicles, which is located before the drive-through window. The drive-through itself starts at the north side of the building and exits up the south -- facing South Innovation Lane. However, staff has some safety concerns regarding the entry to the drive through from the north. At the entrance of the drive through vehicles will be entering the drive through while vehicles are attempting to park or back out of the come and go parking stalls north of the stacking lane. To alleviate some of the staff's concerns the menu board was moved closer to the pickup window, along with the west side -- to the west side of the building to allow ordering to occur away from the parking. Further staff recommends that the applicant install additional signage and parking lot striping to clearly mark and guide traffic safely throughout the site. Access is proposed on the site plan from South Innovation Lane, which is a private street on the west side of the property and the collector road to the North Cobalt Drive. Vehicles accessing the site will enter from the northeast or southeast and have the option to park in the lot in front of the drive through or proceed northwest along the 12 foot wide drive-through lane. This lane merges with the ordering window and allows for exiting back to the drive aisle in a southeast direction. An escape lane is provided along the west side of the building, which leads to the driveway along the south of the building. To improve the traffic flow and minimize Meridian Planning&Zoning Commission June 15,2023 Page 48 of 52 confusion it is recommended that the 50 foot wide entrance on the east side -- the northeast side with the adjacent come and go site should be reduced to 25 feet. Staff recommends the applicant coordinate with the come and go reps on the redesign of this shared driveway. Staff e-mailed the proposed site plan to the come and go engineers and they are analyzing the request. Additionally, there appeared to be two right lane turn only. Staff recommends that one of these lanes be removed to prevent confusion for drivers entering and exiting the site. Prior to certificate of occupancy the applicant shall record a cross-access egress easement to the adjoining properties to the north and south and submit to the Planning Division. And direct lot -- lot access to Ten Mile Road is prohibited. A minimum of one off-street parking space is required per 250 square feet of gross floor area. Based on the 8,850 square -- 15 square foot multi- tenant building a minimum of 35 parking spaces are required. A total of 55 parking spaces are proposed that exceed the UDC standards. A one -- minimum of one bicycle parking must be provided for every 25 vehicle spaces per the UDC. Biking facilities are required to comply with the location and design standards in the UDC. Bicycle parking is shown on the plan submitted with the application that meets the requirements. A detail of the bike rack is provided also on the landscape plan submitted and it appears to be in compliance with the standard. The proposed plan includes a pedestrian walkway that will run from the northeast of the building across Innovation Lane. Where -- where pedestrian walkways cross vehicle driving services they are required to be distinguished from vehicular driving surface through the use of pavers, colored or scored concrete or bricks as set forth in the UDC. The site and landscape plans submitted with the Certificate of Zoning application should reflect compliance with the standard. The proposed striping of the crosswalk is not an approved material and should be revised to meet the standard. The street buffer along South Ten Mile Road and West Cobalt Drive was constructed with the improvements for the Ten Mile Creek Subdivision No. 1 for the common area site improvements. Parking lot landscaping is required in the parking lot per the standards of the UDC. The submitted landscape plan -- plan appears to be in compliance with the standard and the conceptual building elevations were submitted for the proposed structure. Building materials consist of EIFS, stucco, metal roof, ribbed metal paneling wood metal panels, metal awnings and glazing. The final design is required to comply with the adopted cross -- Ten Mile Crossing design guidelines. There is no written testimony and staff is recommending approval with the conditions in the staff report and staff stands for any questions. Seal: Thanks very much. Would the applicant like to come forward, please. Good evening. Need your name and address for the record, please. Cooper: Kyle Cooper. 22503 Lake Life Lane, Caldwell, Idaho. I just want to thank staff and Commissioners for allowing us to present the conditional use permit for our new restaurant. I'm sure most of you guys are aware of Costa Vida and Blaze, so we are the local operators and developers for -- for this site. I don't have a whole lot of comments and we are pretty good with all of the recommendations. We are very familiar with the layout. I'm sure most of you guys have been to our -- our Linder and Chinden location. Very similar layout. I know one of the comments was the -- the come and go parking on the right-hand side of the building. We have the same situation at Chinden and Linder Meridian Planning&Zoning Commission June 15,2023 Page 49 of 52 and been there five years with no -- no incidents yet. So, again, pretty -- pretty familiar with the setup and with that I stand for any questions. Seal: Okay. Thank you. Lorcher: Mr. Chair? Seal: Go ahead. Lorcher: Are you the drive through? Are you going to be the drive-through restaurant or no? Cooper: Yes. So, we have the Costa Vida, which will be the drive through, and we have the Blaze Pizza, which will be on the other end. So, we own both -- both restaurants. Lorcher: So, which one is going to have the drive through? Cooper: Costa Vida. Lorcher: Okay. So, you are -- you are not just doing Costa Vida, you are doing Blaze as well? Cooper: Correct. Lorcher: Is that the -- this application is just Costa Vida; right? Cooper: We -- this application is for the drive through. Lorcher: Oh, the drive through. I got you. Cooper: So -- yeah. Lorcher: So, do you are -- are you not going to operate the one in the middle? Cooper: No. Well, not at this -- Lorcher: Not at this time. Cooper: Not at this point. Right. Lorcher: Got you. Okay. I'm with you now. Seal: Other Commissioners have questions for the applicant or staff? Wheeler: Yes. Chair, this is Commissioner Wheeler. Meridian Planning&Zoning Commission June 15,2023 Page 50 of 52 Seal: Go ahead. Wheeler: I have a question for the applicant here. Some of the concerns that I always have with the drive-throughs is just sometimes the cut through -- it looks like there is one -- oh, there is two exits, one on the east side and one on the south side; is that correct? Cooper: Correct. Wheeler: Okay. Are there -- okay. So, there won't be any problems, then, with the -- with the traffic cutting through up to the north. Okay. That was the main thing that I just have. Sometimes when they go right in front it can get kind of congested and cluster up some traffic and everything. So, that was my biggest concern on there. Is there going to be signage pretty -- is there going to be good signage there for exits and biking and everything? Cooper: Go ahead. Wheeler: I was just going to say good signage for exits and signage -- Cooper: Oh, yeah. Wheeler: -- or striping. Cooper: Yeah. Yeah. We will have -- we will have great signage. We have been in the drive-through business for 20 plus years. So, we like to move people quickly and efficiently through the site. So, yeah, it will be well marked. Wheeler: Very good. Seal: Commissioner Smith, do you have anything? Smith: Mr. Chair, not at this time. Seal: Okay. And there is nobody left in here. Ma'am, would you like to come up and testify at all? No? Okay. If there is nothing further to add, if there is no other questions I will take a -- thank you very much and I will take a motion to close the public hearing for File No. H-2023-0018 Ten Mile Costa Vida. Lorcher: So moved. Wheeler: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0018. All in favor, please, say aye. Motion passes. Public hearing is closed. Meridian Planning&Zoning Commission June 15,2023 Page 51 of 52 MOTION CARRIED: FOUR AYES. THREE ABSENT. FUTURE MEETING TOPICS / DISCUSSION Seal: So, thank you staff, for the recommendations on this. I think that will actually help improve kind of traffic flow and avoid any confusion in that area. It gets -- gets a little crazy when there is all this -- when there is that many altogether. So, I do go to the facilities there and at -- at Chinden and Linder and sometimes it gets a little hectic in that area for sure, so -- but glad to see more -- you know, more businesses, different kinds of businesses starting to operate in here. So, happy to see that happening here as well where it can handle not only local traffic, but some of the -- you know, the traffic off the freeway as well. Lorcher: Mr. -- Wheeler: Yeah. Mr. -- Seal: Oh. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Yes. I'm -- I'm kind of pleased with -- with this application also. I like the fact that there is no direct access onto Ten Mile and as an overall thing I'm -- I'm kind of excited about a lot of the items that were on the agenda tonight or that -- yeah, that are on the agenda tonight. It just shows a lot of smart growth opportunities. So, I'm in support of this one. Seal: Thank you. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: After considering all staff, applicant and public testimony, I move to approve File No. H-2023-0018 as presented in the staff report for the hearing date of June 15th, 2023, with no modification. Wheeler: Second. Seal: It's been moved and seconded to approve File No. H-2023-0018, Ten Mile Costa Vida. All in favor, please, say aye. None opposed. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. Wheeler: Man, Commissioner Lorcher has been making all the motions today. What Meridian Planning&Zoning Commission June 15,2023 Page 52 of 52 the heck. Seal: I was going to say, Commissioner Wheeler, you want to make the last one? Lorcher: I can't see you. Wheeler: I'm just kidding. When you are -- when you are -- when you are present it's -- it's just simpler. So, that's literally just a joke. But, yes, I will finally take one away from Commissioner Lorcher here and actually make a motion that we adjourn. Lorcher: Second. Seal: It's been moved and seconded that we adjourned. All in favor say aye. MOTION CARRIED: FOUR AYES. THREE ABSENT. Seal: All right. We are adjourned. Thanks, everyone. Lorcher: Thanks. Wheeler: Thank you, everyone. MEETING ADJOURNED AT 8:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 7 1 6 1 2023 ANDREW SEAL - CHAIR MAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK