HomeMy WebLinkAbout2025-04-03 Meridian Planning and Zoning Meeting April 3, 2025.
Meeting of the Meridian Planning and Zoning Commission of April 3, 2025, was called
to order at 6:00 p.m. by Chairman Maria Lorcher.
Members Present: Commissioner Maria Lorcher, Commissioner Jessica Perreault,
Commissioner Jared Smith, Commissioner Matthew Sandoval and Commissioner Sam
Rust.
Members Absent: Commissioner Brian Garrett.
Others Present: Tina Lomeli, Emily Kane, Bill Parsons, Sonya Allen and Dean Willis.
ROLL-CALL ATTENDANCE
Brian Garrett X Jessica Perreault
X Matthew Sandoval X Patrick Grace
_X Sam Rust X Jared Smith
X Maria Lorcher - Chairman
Lorcher: Okay. Good evening. Welcome to the Planning and Zoning Commission
meeting for April 3rd, 2025. At this time I would like to call the meeting to order. Just
making sure there is no feedback here. The Commissioners who are present for tonight
are on Zoom and at meeting tonight. Okay. We also have staff from the city attorney's
and the city clerk's office as well 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 testimony
portion of the meeting you will be unmuted and be able to comment. Please note that
we cannot take questions until the public testimony portion. If you have a process
question during the meeting, please, e-mail cityclerk@meridiancity.org and they will
reply as quickly as possible. If you simply want to watch the meeting we encourage you
to watch this streaming on the city's YouTube channel. You can access that at
meridiancity.org/live. With that we will go to roll call. Madam Clerk.
Lomeli: For the record on the agenda we did list Commissioner Andrew Seal. That is a
typo, so I will not be calling him for roll call tonight. So, let's begin.
ADOPTION OF AGENDA
Lorcher: The first item on the agenda is the adoption of the agenda. Please note Item
2, In and Out Burger at Ten Mile, will be open for the sole purpose of continuance. So,
if there is anybody here tonight to testify on this application we will not be taking public
testimony at this time. Could I get a motion to adopt tonight's agenda?
Rust: So moved.
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Perreault: Second.
Lorcher: It's been moved and seconded to adopt this agenda. All those in favor say
aye. Any opposed? Motion carries.
MOTION CARRIED: SIX AYES. ONE ABSENT.
CONSENT AGENDA [Action Item]
1. Approve Minutes of the March 20, 2025 Planning and Zoning
Commission Meeting
Lorcher: Next item is the Consent Agenda. It includes to approve the minutes of the
March 20th Planning and Zoning meeting. Could I get a motion to accept that Consent
Agenda as presented?
Rust: So moved.
Perreault: Second.
Lorcher: It's been moved and seconded to present -- to approve the Consent Agenda.
All those in favor say aye. Any opposed? Motion carries.
MOTION CARRIES: SIX AYES. ONE ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Lorcher: At this time I would like to briefly explain the public hearing process. We will
open each item individually and begin with the staff report. Staff will report their findings
on how the item adheres to our Comprehensive Plan and our Unified Development
Code. After staff has made their presentation the applicant will come forward and
present their case and respond to staff's comments. They will have 15 minutes to do
so. After the applicant has finished we will open the floor to public testimony. Each
person will be called only once during public testimony. The clerk will call the names
individually of those who have signed up on our website in advance to testify. You may
come to the microphone in Chambers or you will be unmuted on Zoom. Please state
your name and address for the record and you will have three minutes to address the
Commission. If you have previously sent pictures or a presentation for the meeting it
will be displayed on the screen and this lady clerk will help you run the presentation. If
you have established that you are speaking on the 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 signed up in advance have spoken we will
invite any others who wish to testify. If you wish to speak on a topic you may come
forward in Chambers or on the Zoom app you may press the raise hand button and if
you are listening on the phone please press star nine and wait for your name to be
called. If you are listening on multiple devices, such as a -- as a computer and a phone,
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please, be sure to mute the extra devices so we don't experience feedback. When you
are finished if the Commission does not have questions for you you will return to your
seat in Chambers or be muted on Zoom and no longer have the ability to speak and
please remember we will not call on you a second time. After all the testimony has
been heard the applicant will be given another ten minutes to come back and respond.
When the applicant has finished responding to questions and concerns we will close the
public hearing and the Commissioners will have an opportunity to discuss and hopefully
make final decisions or recommended to City Council as needed.
ACTION ITEMS
2. Public Hearing for In-N-Out Burger at Ten Mile (H-2024-0058) by (n-
and-Out Burger, located at 5985 & 6037 N. Ten Mile Rd.
A. Request: Conditional Use Permit for a drive-through establishment
in the CG zoning district within 300 feet of another drive-through
facility, existing residences and a residential district. The request
includes extended business hours of operation beyond the 6:00 am
to 11:00 pm limit, with hours from 6:00 am to 1:00 am Sunday
through Thursday, and 6:00 am to 1:30 am Friday and Saturday.
Lorcher: So, tonight I would like to open the public hearing for In and Out, File No. H-
2024-0058, for a continuance for the signage to be renoticed. Madam Clerk, do we
have a date in mind?
Lomeli: Thank you, Madam Chair. We have April 17th.
Lorcher: Can I get a motion for continuance for April 17th, please?
Rust: So moved.
Grace: Second.
Lorcher: Oh. Commissioner Perreault.
Perreault: I move that we close the public hearing for In and Out Burger at Ten Mile, H-
2024-0058 and continue it -- and, then, make a second motion to continue or do we
make the motion to continue first and, then, close the public hearing?
Kane: Madam Chair, the -- the motion would be to continue the public hearing.
Perreault: Okay. All right. Madam Chair, I rescind my prior motion.
Lorcher: Okay.
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Perreault: I move that we continue the public hearing for H-2024-0058 to be continued
to April 17th, 2025.
Rust: Second.
Lorcher: It's been moved and seconded to continue In and Out until April 17th. All
those in favor say aye. Any opposed? Motion carries. Thank you.
MOTION CARRIED: SIX AYES. ONE ABSENT.
3. Public Hearing continued from March 6, 2025 for Latitude Forty Three
Subdivision (H-2024-0059) by Rodney Evans + Partners, LLC.,
located at 675, 715 and 955 S. Wells St.
A. Request: Annexation of 17.27 acres of land with R-8 (13.78 acres),
R-15 (2.42 acres) and C-N (1.07 acres) zoning districts.
B. Request: Preliminary Plat to re-subdivide lots 7, 21 and 22, Magic
View Subdivision, Amended into 81 residential lots, 1 commercial
lot and 12 common/other lots on 15.97 acres of land in the R-8, R-
15 and C-N zoning districts with some Private Streets
Lorcher: The next item on the agenda is for Latitude Forty Three Subdivision, for
annexation and preliminary plat, and we will begin with the staff report.
Allen: Thank you, Madam Chair, Members of the Commission. The first application
before you tonight is a request for Latitude Forty-Three Subdivision. I do just want to
make a quick note that since the original submittal the plat was revised to include all
public streets. Private streets are no longer proposed. And the number of building lots
were reduced from 81 to 79 residential lots and the number of common and other lots
were reduced from 12 to 11. The applicant is requesting approval of annexation and
zoning and a preliminary plat. The site consists of 15.97 acres of land. It's zoned RUT
in Ada county and it's located at 675, 715 and 955 South Wells Street and that is Lot 7,
21 and 22 of Magic View Subdivision amended. I will give a little history on this
property. In 2019 an annexation request was approved for the development of a senior
living facility. However, the development agreement was never signed and,
consequently, the property wasn't annexed. In 2021 another annexation request with a
preliminary plat and conditional use permit for an assisted living facility was denied by
Council due to it not being in the best interest of the city at that time. The
Comprehensive Plan Future Land Use Map designation for 13 acres of the property,
the northern end of the property, is designated medium density residential, which calls
for three to eight dwelling units per acre and the southern 4.4 acres is designated
mixed-use neighborhood and the residential density within that mixed-use designation
calls for six to 12 units per acre. The applicant is requesting annexation of 17.27 acres
of land with R-8 zoning and that's 13.78 acres for R-8. 2.42 acres for R-15 and 1.07
acres for C-N zoning for the development of 79 single family residential detached
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homes, 59 in the medium density residential designated area and 20 in the mixed-use
neighborhood designated area at gross densities consistent with the underlying future
land use map designations. A commercial building pad is proposed on the south end of
the mixed-use neighborhood area for a mix of uses as desired. A preliminary plat is
proposed as shown there on the left to resubdivide lots in Magic View amended
subdivision into 79 residential lots, one commercial lot and 11 common other lots on
15.97 acres of land. A phasing plan was submitted as shown there on the plat depicting
two phases of development. The proposed plat layout provides a good transition in lot
sizes and widths to Woodbridge residential development to the west and most lot lines
aligning or only being slightly offset. The Five Mile Creek bisects this site within a 100
foot wide easement. Access is proposed via existing and proposed local public streets
with an emergency only access to East Magic View Drive. Two stub streets are
proposed to the west to be extended with future development. Three common
driveways are proposed off internal local streets. ITD has requested a traffic impact
analysis due to the development size and anticipated impacts to State Highway 55. The
applicant is working on this request. Residents in the abutting Woodbridge
development to the west have expressed concern pertaining to the high volume of traffic
currently passing through their neighborhood between South Locust Grove Road and
East Magic View Drive for access via South Eagle Road and the impact the proposed
development will have, which will exacerbate an already challenging situation. In an
attempt to alleviate this the applicant is not proposing public access via East Magic
View Drive. The bridge on Wells Street that provides vehicular access across the Five
Mile Creek is scheduled in the ACHD's five year work plan to be replaced in 2029. The
bridge is currently designed to match existing facilities, which do not include bicycle
lanes or pedestrian facilities. However, the width of the bridge will accommodate these
improvements in the future when adjacent properties redevelop and provide these
facilities. ACHD will require a road trust from the developer for the cost of these
improvements and include them in the project if this development goes forward. Staff
had recommended a five foot wide temporary asphalt pathway be provided alongside
Wells Street where the bridge is located over the creek if there is adequate area.
However, ACHD has confirmed there is not enough room for a pedestrian walkway in
this location. The applicant is proposing landscape street buffers along East Magic
View Drive and South Wells Street, a ten foot wide landscape street buffer is required
along local streets on the C-N zoned property, on the south end, a segment of the city's
multi-use pathway system is proposed from South Wells Street to the west along the
north side of the Five Mile Creek stubbing to the west property line for future extension
and to the northwest for connection to the existing pathway in Woodbridge in accord
with the Pathways Master Plan. So, if you can see right here where my pointer is, this
is where the Five Mile Creek bisects the site. There are existing trees on the site that
may require mitigation in accord with UDC standards. Fencing is typically not allowed
to prevent access to natural waterways, such as the Five Mile Creek. In limited
circumstances and in the interest of public safety larger open water systems may
require fencing as determined by City Council. A cross-section of the Five Mile Creek
was submitted as shown that depicts approximately a three to one slope on the north
side of the creek and a four foot tall retaining wall on the south side of the creek, with an
approximate four to one slope. Because the slope on the north side meets the slope
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requirements in the UDC for accessibility and maintenance of storm water facilities of
three to one or less staff recommends no fencing is installed on the north side, but does
recommend six foot tall wrought iron fencing is provided on the south side for public
safety. Council should determine if this is appropriate. A portion of this site is located
within the floodway along the creek. A flood -- floodplain permit is required before any
grading in the floodplain begins and a floodplain permit is required for each building in
the floodplain, along with elevation certificates certifying lowest floor elevation is two
foot above base flood elevation. A minimum of 15 percent or 2.28 acres of qualified
open space is required to be provided within the development. A total of 2.47 acres or
16 percent is proposed as shown on the open space exhibit. A minimum of three points
of site amenities are required. A total of 12 points are proposed from the quality of life
and recreation activity categories consistent -- excuse me -- consisting of a picnic area,
a tot lot and sports courts. Several conceptual building elevations were submitted as
shown for the proposed single story and two-story single family residential detached
homes for each of the lot sizes proposed. A variety of building materials are proposed
in a variety of colors and design elements and features with varying roof profiles and
wall modulation that demonstrates the quality of development proposed. Conceptual
elevations were not submitted for the commercial structure. Compliance with the
nonresidential design guide -- or excuse me -- standards in the Architectural Standards
Manual is required. There were several letters of testimony received on this application
and I will go through those in just a moment. The applicant also submitted a response
to the staff report in agreement with all provisions, but is requesting approval to remove
the sidewalk along the west side of South Longitude Drive, so that a detached sidewalk
may be constructed with a landscape parkway when the abutting property develops in
accord with the comprehensive plan, which desires tree lined streets in mixed-use
designated areas and I'm going to go back to that real quick and show you where that's
at. So, that's this section, if you can see my pointer here, and this is Longitude, so it's
just this little strip right here. So, as I mentioned several letters of testimony have been
received. They are included in the public record with concerns from residents of the
Woodbridge development to the west that live along Woodhaven Avenue on lots
abutting this site. Concerns and comments include the following: The existing fence
along Woodbridge's east boundary, the site's west boundary is crooked and doesn't lie
on the property line in many places due to the location of existing trees and poor
construction. Request for details on what the plan is for fencing along the west
boundary of the site and desire for vinyl fencing not to be an approved material in this
area. The high volume of traffic going through Woodbridge Subdivision between Locust
Grove and Eagle Roads which will worsen with more homes being developed in this
area. Long wait times at the intersection of Eagle Road and Allen Street at the traffic
signal and safety concerns. Request for this area to be rezoned for nonresidential uses.
Privacy issues with two-story homes being built next to single story homes and the
question if two-story homes will have windows facing adjacent rear yards. Request for
the developer to provide details and writing of their planned building setbacks on lots
next to Woodbridge to be included in the development agreement and request for the
developer to address what future builders can do to prevent drainage issues on abutting
lots in Woodbridge due to the higher elevation of the subject property. Staff is
recommending approval of the project with the requirement of a development
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agreement per the provisions in the staff report with two new conditions that
Commission should consider including in their motion tonight. The first is include
mitigation information for existing trees on the site being removed with development in
accord with the standards listed in UDC 11-3B-1005 as applicable and the second
condition is remove the sidewalk along the west side of South Longitude Drive and
provide right of way to the west property line. The applicant is here to present tonight.
Staff will stand for any questions.
Lorcher: Would the applicant like to come forward?
Semple: Good evening, Madam Chair, Members of the Commission. Ben Semple with
Rodney Evans and Partners, 1450 West Bannock Street, Boise, Idaho. 83702. First
and foremost want to thank Sonya and Bill. We have been at this quite a while, gone
through a lot of iterations. I'm going to kind of walk you through that to show how we
have addressed some of the neighbor concerns, as well as why we think this is a really
great opportunity for development of the -- of the site here. So, just to get you oriented
again, project site is here. The freeway is just south. Eagle Road is to the east. Locust
Grove is to the west. Again just highlighting the current zoning. We have R-4 to the
west, R-8 to the north, we have some L-O and some C-G into the north, east and south
and, then, there is a lot of RUT kind of enclave parcels in here from Ada county,
including a larger lot subdivision to the -- to the west of our southern portion and
showing that the future land use again, medium density residential for the northern
portion with that MUN on the south. This was the initial concept that we had brought to
the city and I believe had been discussed with the neighbors maybe initially. As you
can see there is a public road connection to Magic View Drive. If you can see my
cursor here. We had brought in a public street off of Wells Street and that would have
connected up there. Pretty much the remainder of this remains as it is now. I -- sorry, I
do want to highlight that we were -- can you take me back one? Sorry. Can I do that?
Thank you. Good. I want to point out that this had 84 residential units initially with this
concept. After that initial concept discussed this was actually the pre-application
conference concept. We removed the public street connection to Magic View primarily
due to some feedback that the developer had received from the neighbors to limit traffic
getting out onto Magic View close to where they could turn left and immediately go
through the Woodbridge Subdivision. This -- this still had public streets. We were not
utilizing a current public right of way that comes off of Wells. It's not opened or turned
into a road yet. We were going to vacate that. This had gone -- had raised the unit
count to 90 residential units. This was the neighborhood meeting concept that we
showed. What we had done was converted the north half to private streets with a gate.
We still had the -- the emergency only connection to Magic View Drive and we felt like
this potentially could -- oops. What happened? Sorry. That -- that could potentially
help with some home values. Again this was 90 residential units. Oops. Sorry. Eighty-
five residential units with the private streets. I apologize. We initially submitted a
preliminary plat application with 81 residential units and all private streets, again trying
to vacate the right of way. After a review with the city and some discussions it was
determined that we needed to -- well, first of all, we would have had to extend our
process because we would have had to vacate the portion of what is Gentry Street that
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is the unopened right of way that has a cul-de-sac bulb on the adjacent parcel here. So,
instead of vacating that and extending our process by about six months we decided to
use that right of way and made all of the roads public on the -- on the north side again
with only a -- an emergency connection to Magic View Drive trying to address some
concerns with where traffic would go. If you exit onto Wells Street, if you turn right or
south or north it is a pretty quick trip to Allen Street to get out to Eagle Road. This one
had 79 residential units. This is the final iteration that we came up with. This does not
show the detached sidewalks on the south side in the MUN land use zone, but that is
being adjusted currently, so we will have detached sidewalks with eight foot planter
strips and street trees along the south -- or in the southern portion. I apologize. Just to
highlight the phasing plan, first phase is the north section. Second phase is the south.
This is just showing a little bit more detail of the -- the improvements proposed here.
We will have sidewalk -- curb, gutter, sidewalk that comes down the west side of Wells
Street and just past Gentry Avenue we will stop it there at the predetermined spot where
ACHD is starting their bridge project with the installation of the curb, gutter, sidewalk
that the trust will be paid. I believe the initial number they gave us was like 90,000
dollars that the developer will contribute to ACHD. So, when they do their bridge project
they will use those funds to build the bike lane, the curb, gutter and sidewalk across that
bridge. Moving into the southern half, as -- as I stated we -- this current plat doesn't
show the detached sidewalks, but we will be modifying that. These lots are plenty deep
enough in order to absorb that into the front. So, it won't impact the elevations or any of
the home plans for the south. I did want to touch on -- this is just a very conceptual
layout on this commercial pad. There is not a user identified yet. It will just be padded
out and kind of a build to suit. When a user is identified they would come back in with a
CZC or -- or other project -- a proposal to be able to build that out. We are stubbing a
pedestrian walkway to the north side of the commercial lot and so I imagine that a
condition of approval that requires that to extend to the front entries of a future
commercial business would carry through with the development agreement, so that
when that business came in they would build a pedestrian walkway to promote that
connectivity. The open space exhibit -- I just want to show this again real quickly. Kind
of a very large consolidated open space that does include part of Five Mile Creek, but
there is a very nice open space green area in the -- in the top here. There will be a tot
lot with commercial play equipment. The picnic area will have a solid roof shade
structure on it as well and, then, we will have two striped paved pickleball courts on the
south side part of phase two as the other amenity and, then, the -- the ten foot wide
multi-use pathway that would connect to Woodbridge here to the west and it carries
through down like this and over to Wells Street. There is a stub to this parcel here as
the ultimate alignment that the city pathway plan calls for is to hug Five Mile Creek, but
we don't currently have control of this parcel and so we couldn't put that on there. But
we did want to set that up for the future. Preliminary landscape plan here, again,
conditions of approval have asked us to relook at this, look at some of the layout of the
trees. We are in agreement with that. Currently the -- the consultant is going through
those modifications. The fencing plan I did want to highlight. I have called out here.
We will remove the fence on the north side of Five Mile Creek per the conditions and we
agree with -- with the city staff's evaluation of that and one of the concerns that the
neighbors have brought up in almost every letter -- I think probably every letter that I
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read -- it's -- there is some variable conditions on that fence. The developer is going to
work with those adjacent property owners to figure out some sort of agreement or some
sort of ability to work together to make sure that fences are on the property line and that
if there is some disrepair. Obviously, with new homes they want to have a high quality
fence on the back there as well. But we also know that the bylaws of the Woodbridge
Subdivision require wood only material for fencing. So, the developer and the builder is
going to continue conversations. They have talked with the neighbors multiple times
along here. One of the neighbors went to their design studio and toured a couple of
their other communities that are in the valley here over the last couple of days and so I
know that there is a very open line of communication between them. While they can't
commit to replacing that entire fence they -- with this application they are committed to
working with those neighbors to find a solution that works for everyone. Just to highlight
again some of the conceptual elevations that are proposed here, there is a mixture of
one and two-story homes that would be proposed. The 24 foot wide product up here is
only proposed -- well, primarily proposed for phase two. Theoretically they could go on
one of the larger lots in the northern portion in phase one if someone decided they
wanted a smaller home on a larger lot, but any of these three other groups would fit on
any of the large lots on -- on the northern portion. This is a couple pictures that are built
communities from Pacific Lifestyle Homes -- is going to be the builder on this project
and these were some recently completed homes in the area and, then, one of their
other communities that is currently under construction as well. I just wanted to bring up
a couple pictures of some real world homes that they have built just to show the quality.
Oh. Getting to the neighbor concerns, I did read through all those letters that were
received. I think there were seven -- or there was seven public comments received.
Traffic is really first and foremost in every one of those letters is the cut-through traffic
that goes through Woodbridge. You know really with that in mind we have done
everything that we feel that we can do to mitigate traffic going through their -- their
public roads. We can't gate the public road for them. ACHD could look at some traffic
mitigation options for in there if feasible. The traffic impact analysis that ITD is requiring
will more than likely lead to some sort of mitigation items that the developer needs to
take on to handle some of the traffic and it could be traffic calming. It could be a lot of
different things that they could require the developer to contribute to to help improve the
State Highway 55-Eagle Road Intersections to the east here to help promote traffic to
go to the arterial roadways like we like them to, rather than cutting through the
residential subdivisions. Again we talked about some fencing. We are coordinating
with affected neighbors there. Setbacks was another big one. The R-4 zone of
Woodbridge requires a 15 foot rear yard setback. Our requested R-8 zone has a 12
foot setback. In talking with the builder, Pacific Lifestyle Homes, they feel very
comfortable that their two-story and even their one story model of homes -- the -- the
main back wall of the home could be held to a 20 foot from that western property
boundary, but they really don't want to restrict that setback, because they do have some
options for covered patios on the back of these homes that we feel would help increase
the livability of those backyards, so while they feel comfortable with a 20 foot to the
home, like to maintain that 12 foot setback in case a buyer chooses to add a covered
patio to their home. Every one of the lots that they sell -- they sell the lot to a
homeowner, that homeowner chooses their home design. This isn't a spec built
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community. This is the homeowner goes to their design studio that's here in town.
They pick their finishes, they pick their floor plans, their elevations, their materials. It's a
very high quality and collaborative process with the homeowners here. One of the other
things that the builders really highlights with their communities is having a nice
backyard, because everyone likes to have a nice backyard in their homes. So, they
don't want to put up -- the back wall of the home up to 12 feet from that back property
line. Again R-4 -- or R-8 would allow that. They feel comfortable with 20. We don't
necessarily want to restrict that setback. I think it sets a precedent there, but just to
help with the understanding of who this builder is and what they plan to do. If we need
to insert some language into the development agreement, yeah, that's something that
we could work with staff on. But, again, we feel very good about the homes that will be
built on here and that the future homeowners aren't going to want to be -- they don't
want a 12 foot backyard that's basically unusable. Home heights were another concern
due to privacy. The builder has 50 and 60 foot wide lots along -- all along the western
boundary that is adjacent to Woodbridge. They won't be restricting them to one or --
one story only on the west side. It limits their buyer pool. They also have a lot of
options within their designs for window locations and, you know, bonus rooms that are
on the front rather than the back. A lot of different options. There is a mixture of one
and two-story homes on the Woodbridge side of the fence as well and with the
additional backyards or the nice backyards it will lead for some additional -- or allow for
some additional landscaping treatments for those homeowners and they feel like they
can really work to make sure that there is -- to lessen the impacts on the neighbors to
the west without requiring them to restrict their home heights. The code already
restricts them to 35 feet. It's the same as the height that's restricted to an R-4. So,
there is not any homes that would be taller than any of the homes to the west. The
drainage issues that the neighbors have mentioned -- so, I'm sure the Commission is
aware city, state and federal guidelines don't allow you to run storm water off your site
to other parcels and so the development of this portion will actually fix some of those
problems. It currently does slope to the west on this property and southwest. I
apologize. They will be installing drainage -- you know, drainage facilities and with their
gradient design we will make sure to capture all on-site drainage and direct it to the
facilities on their site, which should alleviate a lot of the problems that the neighbors are
experiencing to the west here. And the last thing was a lot alignment and ratio.
Currently we are at a one-to-one ratio. There is 15 lots on the Latitude Forty-Three
side. There is 15 lots on the Woodhaven side. Matching up the lot lines exactly creates
some issues. We actually get a lot that's narrower than 50 feet, which impacts the
builder's desire to put kind of their more premium homes there, which helps protect
property values of the neighbors, as well as the future homeowners here and so -- but
they are within a few feet of those corners. So, there won't be two homes behind one
lot. There will be -- effectively you will see one house behind one house. Again, I just
want to touch on real quickly -- we are in agreement with the conditions of approval and
after discussions with the staff and ACHD these were just showing our desire to waive
the -- or remove the sidewalk on the west side of Longitude, which ACHD and it sounds
like city staff are supportive of and other than that we agree with everything. So, I would
stand for any question.
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Lorcher: Thank you. Commissioners, do we have any questions for the applicant at
this time?
Perreault: Madam Chair?
Lorcher: Commissioner Perreault.
Perreault: Can you go over with me a little bit more about the concerns regarding
mitigating traffic on Magic View. So, traffic will exit onto Wells and head north or south.
If they head north to Magic View, make a right or left --
Semple: Correct.
Perreault: -- help me understand how that actually mitigates any traffic.
Semple: So, by having -- we initially had a public access to Magic View right here on
the -- right across from another public road that connects. If traffic is exiting there it's
much easier for them to make a left turn and go through the neighborhood fast. We feel
that with traffic exiting from the north side to Wells down here, the -- the idea is that it's
helping because they are further away from that Woodbridge entrance into that
subdivision. It's -- there is not much else we can do to mitigate, you know, to stop
people from taking those public roads over to Locust Grove. Our hope is that with some
of the mitigation that we will be required to do through the traffic impact analysis and by
locating our roads as far away from there as possible, that people are just encouraged
-- you know, ultimately these are hopefully friendly neighbors to all the Woodbridge
neighbors and they all become friends and they all have eyes on the street that can
help, you know, lower some traffic speeds and -- that's kind of what we are hoping for.
Perreault: Madam Chair?
Lorcher: Commissioner Perreault.
Perreault: I appreciate you taking that neighbor feedback into account and attempting
to work through that. That's -- that's really great. Personally I like the second access. I
-- I know that area really well and I don't think it's going to mitigate any traffic just
moving it over to Wells, but if -- if that's, you know, what you are comfortable doing
that's great. I'm just -- I wasn't here for the first meeting, because I just came on the
Commission, but just wanted to understand that -- that that is being done as a
preference from the neighborhood -- or the neighbors or the community and not
something that the city is requesting.
Semple: Madam Chair and Commissioner Perreault, yes, that's correct. That's a
developer driven. That was our decision after getting feedback from the neighbors
trying to find a way that we could limit traffic directly accessing Magic View there. The
emergency access will be there as required, because we are over 30 lots in there, but it
will be bollarded. Effectively it will provide a public access from Magic View through this
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development to that multi-use pathway as well, so they don't have to walk around to
Wells Street, so --
Perreault: Thank you.
Semple: Thank you.
Lorcher: Commissioner Grace.
Grace: Thank you, Madam Chair. Just to follow up on Commissioner Perreault's
question, you -- you mentioned that ITD might require you to engage in some traffic
mitigation. What -- what do you think that looks like?
Semple: Madam Chair, Commissioner Grace, I have seen them require intersection
improvements, widening of intersections. You know, just working with them on timing of
lights and, you know, potentially trying to identify I guess another location for an access
there. But it's pretty limited with the amount of commercial and office development
along Eagle Road. Unfortunately, we don't have their feedback yet as to what that looks
like, but I have seen it in some other developments where that's kind of -- they look at
the intersections that are on those highways and ways that they can improve that to
help traffic move better.
Grace: Follow up?
Lorcher: Uh-huh.
Grace: The -- the points -- the points that you made about the fencing and the setback
is that going to be memorialized in the -- in the development agreement? Are you
agreeing -- will you agree, then, to -- I thought I heard you say a 20 foot setback on that
western boundary and, then, excuse me, with the fences -- you said you would work
with them. So, we don't know exactly what that means right now, but will you -- will you
agree to work with them in the -- in the DA?
Semple: Madam Chair and Commissioner Grace, yes. You know, I -- I want to make
sure to -- to state that we don't want to encumber and place a 20 foot setback line on
the back of those lots, but the developer has had conversations internally, the builder
has -- and they have looked at all their lots with all their home models and the majority
of them they want -- would stay at 20 feet. So, they are pulling them closer to the street,
because they want to provide their residents and buyers with a nice backyard. I can
follow up with you during my rebuttal on that and after I have a chance to talk with the
builder and see how far he is willing to go on that commitment, but definitely committed
to working with the neighbors on the fence issue and they are trying to protect
everybody's privacy is -- is very important.
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Grace: Okay. And just last question, Madam Chair. The commercial structure -- it
didn't sound like you -- you knew what the design elements would be. What -- just a
little more information about what you are maybe intending for that commercial.
Semple: Madam Chair, Commissioner Grace, yeah, I don't -- the user that we have for
the residential portion is not a commercial developer. You know, there is some office
uses down here. With the C-N, you know, there is a lot of different allowed uses within
that land use --
Grace: Right.
Semple: -- and so nothing that drives too much traffic to the area. I think -- you know,
you won't be in here listening to an In and Out presentation for that location. I would
imagine something that's complimentary to the neighborhood though. It could be a
small cafe. It could be, you know, a couple office buildings, something like that.
Grace: Yeah. It looked like that was the -- the appropriate type of thing for that -- for
that -- what is it, C -- C-N?
Semple: Yeah.
Grace: Yeah. So, smaller scale, so -- okay. Thank you.
Semple: Thank you.
Lorcher: I had a couple questions for you. In regard to the commercial portion,
following up with Commissioner Grace, will the commercial portion also have access via
Freeway Drive or do you have to kind of meander through to get to the southern -- from
-- to the southern portion of it?
Semple: Commissioner Lorcher -- sorry. Council President.
Lorcher: You are totally fine.
Semple: Yeah. I know. No, that one will have access from Wells Circle. There is --
Freeway Drive does come down here. It's just off the picture. It does loop in and
connect to the south side of Wells. So, Freeway Drive could access that commercial --
Lorcher: That commercial --
Semple: -- site. Yeah. It doesn't have direct access.
Lorcher: So, I don't have to meander through the whole subdivision to get to those
commercial parcels. And, then, this is showing off the freeway like you would be able to
see it from the freeway?
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Semple: Correct.
Lorcher: Got you. Oh. That's a better picture. Okay. Thank you. One other question
regard to setbacks. So, you said that each home is built to suit per whatever the
customer -- client wants. What happens when one wants a 12 foot setback with a
bigger backyard and one says, oh, I don't want a big backyard, so I will go 15 and, then,
another says, well, I want 20 and, then, all you have got is this staggering thing kind of
going on. How do you manage that to make it look like they all belong together on the
same street?
Semple: Sure. Commissioner Lorcher, yeah, the -- the fronts will all be up, you know,
similar to a front that you see on any public street. The backyards, even on the -- the
existing homes to the west vary in depth. There is some that are up to I think 25 to 30
feet even there. There is some that are right at that 15 foot setback when I was just
taking some measurements off of aerial photos. So, I -- you know, it will be a case-by-
case basis. Typically something with a two story home on it is going to have a larger
backyard than a one story just by the sheer take of square footage that they can get out
of the two-story by not having to have as large of a footprint. But I mean I don't know if
they are really going to restrict them to all have a flat plane across the back either. I
don't know if that would really be desirable.
Lorcher: Okay. Thank you very much. Commissioner Rust, did you have any
comments at this time? All right. Thank you very much.
Semple: Thank you.
Lorcher: Madam Clerk, do we have anybody signed up to testify?
Lomeli: Thank you, Madam Chair. We have Christine -- is it Collard or Crawler?
Lorcher: Would you like to come up? Okay.
Lomeli: Madam Chair, no one else has indicated they would wish to testify.
Lorcher: And there is nobody on Zoom?
Lomeli: If the people on Zoom would like to testify, please, raise your hand using the
app.
Lorcher: I see you.
Lomeli: Madam Chair, no one online is raising their hands so she's welcome to come
up.
Lorcher: Yep. So, you are more than welcome to come up if you would like to testify.
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McCulley: Hello.
Lorcher: Hi. If you could state your name and address for the record, please.
McCulley: Robin McCulley. 728 South Woodhaven Avenue, Meridian, Idaho.
Lorcher: Okay.
McCulley: And, sorry, I don't know the proper addresses.
Lorcher: You are fine.
McCulley: Okay. So, a couple quick things. I have been a resident of Woodbridge for
ten years now and as you all know we have been going to battle about this property for
a long time, but we like these people and -- but a couple things we want to talk about.
We are waiting on traffic analysis. We don't need the analysis. There is a lot of traffic.
We all know that. Almost all of you probably here cut through our property to get to
Eagle. We all do. So, there is going to be a lot of traffic. Mitigating. There is no
mitigating. There is nowhere to go. So, this is it. The fence. The fence is -- it's 20
years old. It's my -- it's 20 years old. It's old. It's crooked. It's old. There are trees.
My fence is being held up by a tree that we don't know if it's ours or theirs. My issue
with the fence is we are going to talk about it, we are going to talk about it, we haven't
talked about it. Nobody's talking about it. And, then, we definitely need a survey. The
pins are still back there from the original survey. I have pictures of my pin. It's a solid
eight to ten inches off back there. The tree that's holding my fence appears to be ours,
which is going to cause problems. No amenities. They said they have a lot of
amenities. The only amenities is the pickleball courts. No pool. The connection of the
path to our path leads straight to our pool. They have no intention of putting a pool.
They told us it's too expensive. They are not going to do it. They have a tot set or
whatever that is. I'm not sure what that is. It sounds like a piece of grass. Then no
single story homes. I didn't see any single story homes when he put the pictures of the
single story homes. But they said that that's an option for the people. Sounds like -- I
don't think we are getting single story homes. It sounds like they are all going to be two
stories. I just say you guys know that area very well. I'm sure all of you do. You --
everybody drives through it. You know how much traffic there already is. There will be
a ton more. We -- of course, we were all praying and hoping that would stay
commercial -- medical or commercial, so that we would only get them during the week
and have actually a weekend break, but that's not going to happen. So, we would just
like you to take all of this into consideration. I know all this we are talking -- we are
talking -- we are going to talk about. But if we say okay to this before we have it nailed
down what do we do and, then, you know, we are -- and we already get it. There is --
construction is going to be a nightmare. Loud. Obnoxious. Nails in all of our tires.
Yours, too, because you drive through there. But we are -- you know, we are prepared
-- the city is growing like crazy. We get it and we want -- we want to do what we can for
them as well. But, please, I think we need to get it nailed down before we start
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construction or -- or even take it to the board to say approve it, because we are just not
-- I feel like we are way too early just yet. We have too many unknowns at this point.
Lorcher: Okay. Thank you. Before you go.
McCulley: Oh, sure.
Lorcher: I have a quick question for you.
McCulley: Yes, ma'am.
Lorcher: So, if I am a resident of Woodbridge --
McCulley: Yes, ma'am.
Lorcher: -- how do I get access to the pool? Do I just walk in? Is the gate always
open? Do I have a key?
McCulley: You do need a key. However, we had to install monitors, because -- and we
have a police officer that stops by that we hired to check twice, because they are
climbing over our fence and swimming at night and that came from -- we had some
construction around the corner at the corner of Locust Grove and Franklin. No. Yes.
Franklin and Locust Grove. When those condos went in there or townhouses we
started having people jumping our fence and -- and swimming at all hours of the night
and ruining furniture and things like that. So, that's when we installed the cameras and,
then, we also hired somebody to come twice at unknown times to check to make sure
that nothing's happening and even our residents don't know when that is, so that
everybody's on the same page.
Lorcher: And has that worked to be able to create safety for your pool?
McCulley: For -- for safety purposes, yes. Well -- yes. The problem is when you have
teenagers they will open the door to anybody and as they come in and they come in
frequently and when we put 79 more houses over there with potentially five to six
people living in each house, that pathway that's connected right there, though, it's a
beeline straight to our pool. Straight.
Lorcher: Okay. Anybody? Nope. We are good.
McCulley: Thank you. Thanks, guys. And ladies.
Lorcher: Anybody else in Chambers that would like to speak? Would the applicant like
to come forward to address some of the concerns?
Semple: Madam Chair, thank you again. Ben Semple with Rodney Evans and
Partners. 1450 West Bannock Street, Boise. 83702. Yeah. I mean I think we are
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trying to do the best we can with a development with a piece of property that falls in a
medium density residential land use. The portions that are in a mixed-use
neighborhood we are trying to incorporate some more commercial use down there.
Regarding the traffic, I mean we are, again, trying to push it as far away as we possibly
can. With ITD -- we are not really sure what they are going to require. It could be a
financial impact to the project. It could be, you know, something that's pretty intensive
and, you know, we are all kind of dealing with the traffic around wherever development
happens and I'm not sure what else we can do, other than go through the process with
ITD to get, you know, their recommendations and incorporate that into the development.
Because the traffic impact analysis was required as part of this development application
it would be inserted into any development agreement that that would be a condition that
it would -- the development would have to comply with. The floor plans and elevations I
think, Commissioner Grace, to your point, will be incorporated into the development
agreement as well and those floor plans show the footprints with the depths of the
homes and so any variance from those depths would have to go through probably
another CZC process. So, while they are very comfortable that those fit within and
would allow for a 20 foot setback, the developer does not want to restrict their project to
a 20 foot setback and -- and I don't know what more we can do other than to insert
these floor plans and elevations and demonstrate that these -- that the builder builds a
very high quality product and a very high quality community. Amenities. The tot lot is a
playground for kids. There -- there is a lot of pathways through here. We will have a
picnic area with tables and benches that also has a covered shade structure. More
details of that will be developed as we go from this to City Council. So, I anticipate
having some more information to present at that time, as well as the revised landscape
plans per the conditions of approval. I guess I would stand -- we are, again, committed
to working with affected neighbors on -- on fencing. You know, if it's on our property
and -- or if it's on their property, you know, we want to resolve that if at all possible. So,
I would stand for any additional questions that you might have.
Lorcher: I have a couple of questions. So, is the -- is the traffic impact analysis going to
be ready by the time you get to City Council or are you at the mercy of -- of their time
frame?
Semple: Madam Chair, we kind of are. If you give me one second I can ask our civil
consultant if they have had any feedback. Madam Chair, they reached out today to ITD.
They didn't get any feedback. They do have their scoping memo into ITD that's being
evaluated. So, we anticipate at least having the scope of the analysis by the time we
get to the City Council. Maybe not the full evaluation or the determination of what those
mitigation items may be.
Lorcher: Okay. Commission? Commissioner Grace.
Grace: Thank you, Madam Chair. Do you know -- the property to the west, the
Woodbridge is -- what zoning -- is that R-8 or 4?
Semple: Madam Chair, Commissioner Grace, R-4.
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Grace: Okay. And you said the building heights are the same for both of those?
Semple: Thirty-five foot is the max height.
Grace: Okay.
Semple: Yeah.
Grace: Thank you.
Lorcher: Commissioner Rust.
Rust: Thank you, Madam Chair. Just to clarify, is there going to be a separate fence on
that western boundary that will be part of your community or is it just going to be the one
fence?
Semple: Madam Chair, Commissioner Rust, we would prefer a single fence, you know,
and working with those neighbors to ensure that there is a high quality single fence
there, rather than the doubled up fence that, you know, then, is in various states of
disrepair or repair and that would be the idea is to have one fence there, whether that's
to connect to the existing if it was in good condition, replace portions of it, work with
those neighbors to cost share like you typically would with a neighbor when you replace
a fence on a shared property line.
Rust: Thank you.
Lorcher: And in regard to the survey markers for the properties, it seems like there is
some confusion that possibly there has been landscaping that have grown over the
survey markers that may be part of your land, may be part of that land. When you get
this project approved all of that will be settled; correct?
Semple: I'm sure. Yes. That's -- that's the case. You know, they -- they have set
those pins out there. I'm not sure when they built the fence why they moved it around
so much. I can -- maybe there were some other trees that were growing there at the
time or -- it -- it is kind of jaggedly and moves around a lot along that property line. So, I
mean, obviously, if the property is the neighbors it's their property and if their fence is on
our side, you know, we would rather have it be on -- on the property line.
Lorcher: Right. Okay. Very good. Commissioner Perreault.
Perreault: Madam Chair, thank you. Staff had mentioned that you were in agreement
with everything that's in the staff report all conditions. Just wanted to double check that
you are also in agreement with the two new conditions regarding the mitigation for the
existing trees and then -- and, then, we talked about removing the sidewalk. So, just
want to get confirmation that --
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Semple: Madam Chair, Commissioner Perreault, correct. We are in agreement with all
conditions of approval, including the two added conditions.
Perreault: Thank you.
Lorcher: Commissioner Sandoval, did you have anything to add?
Sandoval: No, Madam Chair.
Lorcher: All right. I think we are good. Thank you so much.
Semple: Thank you.
Lorcher: Can I have a motion to close the public hearing?
Grace: So moved.
Rust: Second.
Lorcher: It's been moved and seconded to close the public hearing for Latitude Forty-
Three Subdivision. All those in favor say aye. Any opposed? Motion carries.
MOTION CARRIED: SIX AYES. ONE ABSENT.
Lorcher: I will start. I think when you have in-fill it's always challenging to find the
square peg that's going to fit in the round hole or vice-versa that's going to take care of
everyone and we also have public streets, which no homeowner owns and so if people
choose to meander through Woodbridge end up into Latitude Forty-Three to work their
way over to Highway 55, you know, we discourage it, but we can't stop them because
they are public roads. It sounds like the developer is willing to work with the western
portion residents in regard to survey lines, to fencing, to right of way, to removing the
sidewalk to make sure that it's a walkable and pleasant place. I did forget to ask you
one question, but that's -- okay. I was wondering what the price range of these products
are, but based on -- you are telling me that it's built to suit, it's probably a little bit more
elevated, as opposed to a starter home. So, in regard to those things and the fact that
you have been talking with the community and you are willing to work with them, I think
this is a good project for this in-fill here. I like the fact that you can access the
commercial portion from the south portion, so that you don't have to meander through
the neighborhood whatever that business happens to be. So, that, you know, I'm not
driving down side streets to get to my doctor's office or whatever that happens to be.
So, I'm in favor of this.
Rust: Madam Chair?
Lorcher: Commissioner Rust.
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Rust: Yeah. I -- I agree with you. It's always challenging in these in-fill lots and I was
very curious what the design elements would be when I heard this project was coming
up and I was pleased to see that it's generally going to match Woodbridge. It's going to
be higher end homes. I would bet that these are going to be, you know, not quite a
million, but probably in that seven to eight hundred thousand dollar range. I appreciate
the effort that went into the report and from the applicant to -- to be good neighbors.
Even the one testimony that we had and several of the letters also mentioned that they
have had good dialogue and even though there was concerns raised I think everybody
recognized this is a really good fit for the general area. Something's going to go in here
and I think that this matches the character of the neighborhood well. It's going to round
out this section well. And I know that there is some traffic concerns and we don't have
the study and the fencing is going to be -- you know, it's always a little challenging when
you are trying to figure out -- we have one fence, we have got two entities that need to
pay for it and figuring out how to split that baby, but I -- I believe that this is a good
project and that we should give it a recommendation to the City Council.
Lorcher: Thank you. Commissioner Grace.
Grace: Thank you, Madam Chair. Yeah. I'm tracking with both of my fellow
Commissioner comments. I am hopeful that some of these issues in the -- in the
development agreement can be worked out. I -- I appreciate the good faith effort put
forward by the applicant with regard to the fencing. Hopefully you will have -- you will
listen and have conversations about the vital fencing and whether that's appropriate,
along with the tree mitigation and the setback. I understand the limitations of the
setback. You can't promise to -- you know, you don't want to tie the developer's hands
in that regard. So, I -- I understand there is probably a happy medium in there. So, I
can appreciate that. The traffic it is -- I -- I totally understand that. I live on the corner of
-- in a development in the corner of McMillan and Linder and people westbound on
McMillan cut through it all the time, because they don't want to wait at that light and so I
get that. I'm not sure what mitigation -- I don't think ITD is going to come up with any
magic solution there. It's -- it's -- it's an in-fill project and it's -- it's -- it's consistent as
you can get with what's -- with what's around it. If it helps the City Council, I do agree
with the staff recommendations on the fencing around the natural waterway. I think they
were proposing fencing to the north, but not the south and if I got that wrong I apologize,
but I agree with the staff recommendation. I think that was -- yeah. I think that's all I
had. I'm in -- I'm in favor as well. Thank you, Madam Chair.
Lorcher: Commissioner Perreault.
Perreault: Thank you, Madam Chair. First I would like to say that I really appreciate the
attention to the amenities. You went above and beyond what's required in terms of
number of points for the amenities for the size of project that you have. So, thank you
for doing that. Keeping that in mind. I know that's a significant cost to the developer to
do that. In the time that I was on Planning and Zoning prior and City Council and now
Planning and Zoning again I have seen many iterations of what was to go on this
property and the last applicant did not do as good a job working with the neighbors, so
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thank you very much on that. I had hoped that there would be some more commercial
in this, but I appreciate that you tried to be in line as possible with the Comprehensive
Plan on the -- on the density and as well as the lot sizes. So, I guess that's where the
best case scenario -- if we are going to have more residential use on here. I would
have liked to have seen that second access. I think connectivity is huge in these kinds
of neighborhoods, but I don't think it's something that's going to be like a huge issue I
guess in the end, but -- yeah. So, that's all we have to say. Thank you very much.
Lorcher: Commissioner Sandoval, any other comments?
Sandoval: No, Madam Chair. I think you guys did an excellent job. Pretty much my
exact thoughts though. Nothing for me.
Lorcher: Okay. Thank you.
Rust: Madam Chair?
Lorcher: Commissioner Rust.
Rust: After considering all staff, applicant and public testimony, I move to recommend
approval of File No. H-2024-0059 to City Council as presented in the staff report for the
hearing date of April 3rd, 2025, with the two new conditions as highlighted in our brief
here.
Lorcher: Do I have a second?
Grace: I will second.
Lorcher: Do we need to -- do we need to reiterate those two conditions or --
Kane: Yes, please. Specifically.
Rust: Yeah. The two conditions specifically -- to include mitigation information for
existing trees on the site being removed with development in accord with the standards
listed in the UDC 11-313-10C.5 as applicable. And, then, the second condition to
remove the sidewalk along the west side of South Longitude Drive and provide right of
way to the west property line.
Grace: Second.
Lorcher: It's been moved and seconded to approve Latitude -- or recommend to City
Council Latitude Forty-Three Subdivision, file No. 2024-0059 for annexation and
preliminary plat. All those in favor say aye. Any opposed? Motion carries. Thank you
very much.
MOTION CARRIED: SIX AYES. ONE ABSENT.
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Lorcher: Before we have one more motion for the evening, this is Commissioner
Grace's last meeting and the Mayor is providing you a certificate of appreciation for your
service to Planning and Zoning.
Grace: Thank you.
Lorcher: And thank you very much. It's been a great pleasure. You started at the
same time I did, so I feel like I'm losing a co-worker.
Grace: Thank you very much.
Lorcher: One more motion, please.
Grace: Move to adjourn.
Rust: Second.
Grace: Second.
Lorcher: All right. It's been moved --
Grace: Seconded my own motion.
Lorcher: It's been moved and seconded to adjourn. All those in favor say aye. Any
opposed? Motion carries. Thank you very much.
MOTION CARRIED: SIX AYES. ONE ABSENT.
MEETING ADJOURNED AT 7:06 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. )
APPROVED
MARIA LORCHER - CHAIRMAN 4-17-2025
ATTEST:
CHRIS JOHNSON - CITY CLERK
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