HomeMy WebLinkAbout2025-06-26 Meridian Planning and Zoning Meeting June 26, 2025.
Meeting of the Meridian Planning and Zoning Commission of June 26, 2025, was called
to order at 6:30 p.m. by Chairman Maria Lorcher.
Members Present: Commissioner Maria Lorcher, Commissioner Jared Smith,
Commissioner Jessica Perreault and Commissioner Brian Garrett.
Members Absent: Commissioner Matthew Sandoval and Commissioner Sam Rust.
Others Present: Tina Lomeli, Ali Breshears, Caleb Hood, Bill Parsons, Linda Ritter,
Brian McClure, Carl Anderson and Dean Willis.
ROLL-CALL ATTENDANCE
_X Brian Garrett X Jessica Perreault
Matthew Sandoval Matthew Stoll
Sam Rust X Jared Smith
X Maria Lorcher - Chairman
Lorcher: Good evening. Welcome to Planning and Zoning Commission meeting for
June 26th, 2025. 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. We may
have another Commissioner join us later on Zoom. We also have staff from the City
Attorney's office and the City Clerk's office, as well as the City Planning Department. If
you are joining us on Zoom this evening we can see that you are here. You may
observe the meeting, however, your ability to be seen on screen and talk will be muted.
During the public testimony portion of the meeting you will be unmuted and, then, be
able to comment. Please note that we cannot take questions until the public testimony
portion of the meeting. 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
would like to watch the meeting we encourage you to watch the streaming on the city's
YouTube channel. You can access it at meridiancity.org/live. With that we will begin
with roll call.
ADOPTION OF AGENDA
Lorcher: The first item on the agenda is the adoption of the agenda. There are no
changes to tonight's agenda. Please note that Item No. 4, Durango Subdivision, has
vacated their application and Item No. 5, Pine 23, has requested a continuance. So, if
there is anyone here tonight to testify on these applications we will not be taking public
testimony this evening. Could I get a motion to adopt tonight's agenda?
Garrett: So moved.
Perreault: Second.
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Lorcher: It's been moved and seconded to adopt tonight's agenda. All those in favor
say aye. Any opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
CONSENT AGENDA [Action Item]
1. Approve Minutes of the June 5, 2025 Planning and Zoning Committee
Meeting
2. Findings of Fact, Conclusions of Law for El Polio Loco (H-2025-0018)
by ADN Architects, located at 3471 W. Chinden Blvd.
3. Findings of Fact, Conclusions of Law for Elite Fitness (H-2025-0021)
by Chelsi Spencer, located at 2640 E. State Ave.
Lorcher: The next item is the Consent Agenda, which include to approve the minutes of
the June 5th Planning and Zoning meeting, Findings of Facts, Conclusions of Law for El
Pollo Loco and Elite Fitness. Could I get a motion to accept the Consent Agenda as
presented?
Smith: So moved.
Perreault: Second.
Garrett: Second.
Lorcher: It's been moved and seconded to approve the Consent Agenda. All those in
favor say aye. Any opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Lorcher: At this time I would briefly 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 our Unified Development
Code. After staff has made their presentation the applicant will come forward to present
their case and respond to staff's 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 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
microphones in Chambers or you will be unmuted on Zoom. Please state your name
and address for the record. 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 screen and our clerk will help you run the presentation. If you have established that
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June 26,2025
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you are speaking on behalf of a larger group, like an HOA, where others on 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 if in
Zoom please press the -- press the raise hand button in the Zoom app and if you are
only listening on a telephone please press star nine and wait for your name to be called.
If you are listening on multiple devices, such as a computer and a phone, please, be
sure to mute those extra devices so we do not experience feedback and we can hear
you clearly. When you have finished if the Commission doesn't have any questions for
you you will return to your seat in Chambers and 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 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 commissioners will have an opportunity to
discuss, hopefully make final decisions or recommended -- recommendations to City
Council as needed.
ACTION ITEMS
5. Public Hearing for Pine 43 Mixed-Use Subdivision (H-2024-0071) by
DRB Investments, LLC., generally located on the north and south
sides of E. Pine Ave., between N. Locust Grove Rd., and N. Hickory
Ave.
A. Request: Modified Development Agreement to (H-2017-0058 - Inst.
#2018-000751) to update the conceptual development plan and
certain provisions and include additional land area.
B. Request: Annexation of 7.21 acres of land with I-L (5.29 acres), C-
G (1.36 acres) and R-15 (0.56 acres) zoning districts.
C. Request: Rezone of 3.07 acres (0.91 + 2.17) of land from the C-G
to the R-15 zoning district.
D. Request: Preliminary Plat consisting of 41 buildable lots and 3
common lots on 36.58 acres of land in the R-15 and C-G zoning
districts.
E. Request: Conditional Use Permit for a multi-family development
consisting of 270 units in two (2) buildings on 6.28 acres of land on
Lots 2, Block s1 and Lot 2, Block 3 in the C-G zoning district.
F. Request: Alternative Compliance to UDC 11-4-3-27B.3 which
requires a minimum of 80 sq. ft. of private, usable open space to be
provided for each multi-family unit and to allow zero (0) for studio
units, and UDC Table 11-213-3, which restricts building height to a
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maximum of 65ft. in the C-G zoning district to allow a maximum
building height of 76ft. on Lot 2, Block 3.
G. Request: Conditional Use Permit for a height exception for a
vertically integrated residential building on Lot 2, Block 2 from 65ft.
to 87ft. in the C-G zoning district.
H. Director's approval for Alternative Compliance to UDC Table 11-213-
3 to allow an increase in maximum building height in the C-G
zoning district from 65ft. to 76ft. on Lots 1-3, Block 4 (hotel and
vertically integrated residential buildings) and to UDC 11-4-3-41G
to allow a decrease of private, usable open space for studio units in
vertically integrated residential from the minimum requirement of
50sq.ft to zero (0).
Lorcher: So, we are going to open the application for Pine 43, which has asked for a
continuance. We really didn't talk about this in the premeeting. Do we have a date that
is considered for continuation for this application?
Lomeli: Madam Chair, August 21 st.
Lorcher: Can I get a motion to continue the application for Pine 43 for August 21 st,
please?
Smith: So moved.
Perreault: Second.
Lorcher: It's been moved and seconded to continue Item No. H-2024-0071, a mixed
use subdivision of Pine 43, for August 21 st. All those in favor say aye. Any opposed?
Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
6. Public Hearing (Continued from 6-5-2025) for Idaho Power
McDermott Substation (H-2025-0008) by KM Engineering, LLP.,
located at SW corner of McMillan Rd and Owyhee Storm Ave.
A. Request: Annexation of 2.69 acres of land from RUT in Ada County
to the R-15 zoning district.
B. Request: Conditional Use Permit to allow the development of an
Idaho Power Substation.
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Lorcher: Item No. 6 on the agenda is the Idaho Power at McDermott Substation for
annexation and conditional use permit at the southwest corner of McMillan and Owyhee
Storm Roads and we will begin with the staff report.
Ritter: Good evening, Commissioners. Linda Ritter from the planning department. So,
tonight we are here for a request for annexation of 2.69 acres of land from RUT in Ada
county to R-15 zoning district and a conditional use permit to allow for the development
of the Idaho Power substation. So, this property went through a property boundary
adjustment to allow for a new lot. The county allows for a one time split. Normally the
lots in Ada county are five acres, but they do allow for a one time split for smaller lots
and so it went through that process to create this new lot. So, this property is located at
the southwest corner of McMillan Road and North Owyhee Storm Avenue. So, the
applicant is proposing the construction of a new substation to enhance the reliability and
resilience of electrical service in Meridian and the surrounding areas of Ada county.
Currently customers in the region are served by Can-Ada station in Nampa and the Ten
Mile substation in Meridian. So, with the rapid ongoing growth through the Treasure
Valley it has placed increased demand on the existing facilities leading to service strain
and reduced liability. The proposed substation is strategically designed to
accommodate future growth and development, while alleviating pressure on the existing
infrastructure by rerouting service lines. The new -- the new facility will not only serve
new residents and commercial customers, but also improve service continuity and
reliability for current users. So, as you can see on the site plan they are proposing up to
two transformers to each serve four distribution feeders up to two breakers beneath the
transmission termination structure, up to two metal clad structures, which manage
switching of distribution feeders. One small control building, which houses racks of
switches and communication equipment. One transmission and dead-end structure,
which connects the transmission line to McMillan Road. So, public utility major and
public infrastructure is the permitted use within the R-15 zoning district upon the
approval of a conditional use permit and compliance with the specific use standards per
the UDC. Staff has determined that the proposed project aligns with these standards
and is essential to support the area's long-term utility needs and as you can see from
the site plan access will be from McMillan Road and the Owyhee Storm and this will
allow for safety to accommodate the maneuvering of large transport vehicles doing
infrequent deliveries of major electrical equipment, such as transformers, breakers and
the metal clad switch gear to the substation. Under typical operating conditions there
would only be a single access point, but for this particular development it was
determined that two access points would be needed. So, although the development of
a power station is located within the residential zoning district, the applicant is proposing
30 feet of landscaping buffer to the west and south of the property to mitigate any noise
that may be generated from the substation and there is no building, but the applicant is
proposing an eight foot tall precast stamped concrete wall along McMillan Road and
Owyhee Storm Avenue frontage, but staff is requiring the wall be extended around the
entire substation, because to the west and to the south will eventually be residential
development. The application will have to go through a final design, then, they will be
required to meet the standards of the architectural standards manual and go through a
certificate of zoning compliance prior to building permit issuance and, then, residential
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zones, the maximum height of any fences are six feet, but the applicant is requesting
eight feet, so they will be going through a separate permit process outside of this to
increase the height of the proposed wall to eight feet and that is based on site security
and to deter trespassing and the applicant is also requesting barbed wire on top of the
fence, but within residential districts it is prohibited per our UDC. So, this is just an
aerial of the area. This is the area in which the substation will be placed. So, that is all
the information I have on this project and at this time I will take any questions from the
Commission.
Lorcher: Would the applicant like to come forward? Hi. If you could state your name
and address for the record that would be great.
Lomeli: Give me just one second. Okay. You can try it now.
Hopkins: Hello. Okay. Madam Chair, Members of the Commission, Stephanie Hopkins
with KM Engineering. Our address is 5725 North Discovery Way in Boise and joining
me is David Hazel with Idaho Power.
Hazel: Nice to meet you guys.
Hopkins: I'm here on behalf of Idaho Power to request annexation and conditional use
permit for a planned substation near Owyhee Storm and McMillan in northwest
Meridian. Staff covered our request really well, so we will try to keep our presentation
pretty short and David's here to provide any technical information you might have on the
operation of the substation. So, the purpose of this project is to fulfill a need that
currently exists and future development that will happen to fulfill that need as well. So,
we are requesting to locate it near -- it's in The Fields sub area plan, which is
anticipated to include a variety of uses in the future, including commercial, residential,
industrial and, then, public uses. So, a new substation in this location will well serve the
community. Substations are the point in which Idaho Power serves their customers
directly with power. As this graphic shows there are multiple ways in which power is
generated. Those are all grayed out, but you could have natural gas or there could be
purchased power. Those all go to -- they are moved to a larger switching station and,
then, those are moved to transmission lines. From there it moves to a substation, like
the McDermott substation, and it's distributed to homes and businesses. So, the
objective of this project is to meet the electrical growths and demands in this area with a
new substation. This will help to relieve existing facilities. Customers in this area are
currently served by the Can-Ada substation in Nampa and the Ten Mile substation in
Meridian. This substation, the McDermott substation, will connect to the existing North
Side substation with a new 138 kilovolt wire from the existing 230 kilovolt transmission
line poles. Those really large facilities along McMillan. Linda covered where this is
located pretty well. So, there are two points of access proposed to the site. One is to
McMillan. The other is to Owyhee Storm. Both accesses will be gated and the entire
site will be secured with a fence. As Linda mentioned, we are requesting that the south
and west boundaries of the site, which are adjacent to currently undeveloped property,
in the future they will be residential and I think multi-family kind of uses, with a chain link
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fence. There is a 30 foot buffer area there that we believe will buffer future use as well
and we think that the chain link with that buffer will provide adequate spacing and buffer
to future uses. A precast concrete wall eight feet, as Linda mentioned, will be located
along McMillan and Owyhee Storm. This site will include up to two breakers, two metal
clad structures, a small control building, which will house a variety of controls for the
actual substation and one transmission dead-end structure on the site. So, the
transmission will come in from the dead end. It will go to the transformer, which steps
the electricity down to 130 -- or from 138 kilovolt to four 12.5 kilovolt distribution feeders
and that will go to customers through the metal -- metal clad. So, this is -- this is our --
this is what the precast concrete wall looks like on the left-side of your screen and, then,
the chain link that we are proposing to locate on the south and west sides of the site
would be more like the right picture and we have been working with Public Works on
pressurized irrigation requirements for the landscaping that we are showing here. Our
intent would be to try to work with them to delay the landscaping if we can to coincide
well with development that's planned in the area. So, we are still working with them on
that and trying to find a good solution and this is just basically saying that we are
complying with the Comprehensive Plan and the city's codes for each of the uses that
are -- for the uses proposed. So, the specific use standards as well as the annexation
and conditional use permit standards. We have enjoyed working with staff and are
really excited about this project. Think it will provide a really necessary service to
residents within this area and will help alleviate some of the constraints that are
currently being noticed in the area, too. So, I will stand for any questions.
Lorcher: Commissioners, do we have any questions for the applicant?
Garrett: Yes.
Lorcher: Commissioner Garrett.
Garrett: Question. I heard that barbed wire is not permitted. Now, how else will you
harden the site given that there has been a lot of threats on the various water and
electrical systems?
Hopkins: Madam Chair, Commissioner Garrett, David might cover that.
Hazel: Yeah. So, that's -- I mean that's kind of the whole intent of the increase had on
that concrete wall and what we typically do, because I know that barbed wire is not
allowed, sorry, but we will kind of cantilever that on the inside of our fence, so it's not
seen, so it's pretty much obstructed by that wall; right? But that's really part of our
security protocol as far as detect, deterring, delaying, if anybody was to enter our site
without authorization. So, that's kind of our main intent there. And we do that with a
combination of fencing, you know, barbed wire, cameras, all that good stuff.
Garrett: Okay. Thank you.
Hazel: Yep.
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Lorcher: Do you plan on having cameras at the site?
Hazel: It's still kind of determined at the moment. We will at some point in the future,
but I don't know if -- once this project is energized I don't know if we will have cameras
on at that point. It's kind of security -- Idaho Power's security is kind of evaluating these
distribution stations and the level of security required. So, our standard right now
doesn't require that, but we are currently re-evaluating that given the history right now,
so --
Lorcher: So, in regard to this particular site, I can't really speak to the one at Pocatello,
but this one seems to be surrounded by residential, you know, with McMillan being one,
you will have residential across the street, you are going to have all three sides
residential. How common is it to have a station like this engulfed in residential areas or
are you more kind of on the sticks a little bit with the Ten Mile and the Nampa facilities?
Hazel: Are you --just the general location? Is that kind of questions? Would you mind
going back to that main map? So, there is kind of a few things in play here. So, that
existing line -- sorry. Which we are showing on this depiction; right? So, you can see
basically from northside down McDermott at that intersection there is an existing line
there. So, we are basically pulling conductor up north side, tagging on the existing line,
which goes -- runs right by that property we purchased.
Lorcher: Right.
Hazel: So, it's also -- I mean convenience that our transmission lines there, right,
without having to build new lines through the city, but at the same time it helps us
relieve some of the capacity on our existing feeders.
Lorcher: Right.
Hazel: So, location is critical to our existing feeders that serve that area and taking
some of that relief off with this new station.
Lorcher: Let me clarify my question.
Hazel: Yes.
Lorcher: The substation specifically. The location of the substation, which is totally fine.
Hazel: Yeah.
Lorcher: But in this case right now there is just empty lots around you.
Hazel: Correct.
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Lorcher: But five years from now, ten years from now, you are going to be surrounded
by residential, which, you know, electricity and kids is a concern. So, you are proposing
a brick wall on a portion of it. You are proposing a chain link fence on the other
proportion of it. Is that the best materials to use, knowing that you are going to be here
for a long time, along with the development that's coming up, is that sufficient materials
enough to be able to be a good neighbor to the future residents who will be moving in
next to you?
Hazel: Yes. And so a lot of our standards are written around the chain link right now
and we actually put concrete curbing under the chain link fence as well, so that people
can't access underneath the mesh material. So, I mean chain link is our standard
currently. We have been kind of converting to some of these concrete walls in specific
situations; right? And so it's just trying to make sure that with the change in material
that we are used to is making sure we are capturing all of our security elements given
the location like you had mentioned.
Lorcher: Right.
Hazel: So, to answer your question, yes, we do everything in our power to secure our
site as much as possible from the general public.
Lorcher: Okay. I think from an esthetic point -- I live at Ustick and McDermott, so it's --
it's somewhat right down the street. Not that it's in my, you know, peripheral vision, but
as a neighbor I would prefer to see the whole thing walled in, as opposed to having a
chain link fence and that way you are your own little island and nobody can kind of see
in, you know, deters any kids from jumping in the wall. You are down the street from
the high school and it would just create more of an esthetic, especially with the
landscaping that's around it. Would -- would putting a wall around the entire unit be
within your periphery or are you committed to the chain link both sides?
Hazel: It's certainly an option, but I do want to back up to that security feature; right?
That -- I mean either material we choose we are meeting specific safety standards that
aren't only within our company; right? I mean we have other entities that regulate us, so
we are strict to those guidelines as well. I mean we certainly have the option to do the
concrete if you would like. That's just an increase in cost for us.
Lorcher: Right.
Hazel: And maintenance and that kind of stuff can be a little bit tricky. You know, ten to
15 years from now if concrete starts falling versus just replacing chain link, you know
what I mean? So, there is some caveats there. But I mean all in all we are open to
either option, whichever you guys would prefer. But our initial intent would be to stick to
our standard where we can and that's why that chain link is shown.
Lorcher: Okay. As you go to City Council I'm -- I have a feeling that's going to come up
again, so it might be something you would like to talk with the city planners with --
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Hazel: Absolutely.
Lorcher: -- as far as just, you know, a conversation one way or another.
Commissioners, any other questions for the applicant before public testimony?
Perreault: Madam Chair?
Lorcher: Commissioner Perreault.
Perreault: So, perhaps you could speak to that in regard to your station at Black Cat
and Franklin, because you have a school right next to that and residential right next to
that. So, the concerns that Madam Chair has, could you address whether you had
issues with that substation -- substation?
Hazel: Not to my knowledge. I would have to check our security team, but I'm not
aware of any issues and --
Perreault: Okay.
Hazel: -- I haven't heard any issues with that site, so --
Lorcher: Okay. Thank you very much.
Hazel: Yeah. Thank you.
Lorcher: Madam Clerk, do we have anybody signed up to testify?
Lomeli: Thank you, Madam Chair. We have Eli Hyman.
Lorcher: No? Not for the power station? Okay. Thank you.
Lomeli: Madam Chair, Patty Golden. Same?
Lorcher: Same? Okay.
Lomeli: No one else has signed up.
Lorcher: David and Stephanie, did you have anything else to add before we close the
public hearing? Okay. Can I get a motion to close the public hearing, please?
Smith: So moved.
Perreault: Second.
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Lorcher: It's been moved and seconded to close the public hearing for Idaho Power
McDermott Substation, Item No. H-2025-0008. All those in favor say aye. Any
opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Lorcher: I mean it's pretty straightforward. We can definitely use the power. You know,
McMillan's got huge power lines that make sense of where they are going. I'm just kind
of -- knowing -- knowing the area, because I live in that area, knowing that all of The
Fields is going to be developed in a long term plan -- I'm not a fan of chain link, but
that's just me. So, if it was my choice to be a neighbor of the substation I would like to
see it cemented in, but I wouldn't hold the application back just on an esthetic.
Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: I think I tend to agree with you. I think there is probably also some argument to
be made regarding security -- increased security of a concrete wall. It's harder to see
through and see what's going on inside. I think there is a higher chance to deter anyone
getting an idea of jumping over if you don't know if there is someone on the other side of
the wall, et cetera. But, again, I think -- I don't think it's going to be something at -- you
know, at the end of the day I don't think it's going to make or break this. I think where
I'm at is I prefer to just maybe have that in the recommendation and have that so city --
City Council can have a conversation, which I think they will have either way, but if that's
how the Commission intends to be feeling, maybe we just recommend that. But that's
just kind of where I'm at.
Lorcher: Any thoughts?
Perreault: Madam Chair?
Lorcher: Commissioner Perreault.
Perreault: Given how many of these substations are in the area and how experienced
Idaho Power is with this, they are obviously highly committed to security in their
locations. It wouldn't be good for the community if they weren't committed to that. So,
I'm -- I'm not as concerned about that. I mean they have had many many opportunities
to try out different areas and if there were concerns about access or security I would
guess they would have already run into those at some point.
Lorcher: Right. Okay. With that after considering all staff, applicant and public
testimony, I move to recommend File No. H-2025-0008 as presented in the staff report
for the hearing of June 26, 2025.
Smith: Second.
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Lorcher: It's been moved and seconded to approve the -- or recommend annexation
and a conditional use permit to City Council for the Idaho Power McDermott Substation.
All those in favor say aye. Any opposed? Motion carries. Thank you very much.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
7. Public Hearing for Habit Burger (H-2025-0022) by CDR West, located
at 445 Innovation Ln.
A. Request: Conditional Use Permit for a new 2,426 Sq. Ft. Habit
Burger including a drive-through and escape lane located within
300 feet of an existing drive-through facility on approximately 1.16
acres of land in the C-G zoning district.
Lorcher: The next item on the agenda is Item No. H-2025-0022, Habit Burger for the
conditional use permit for a restaurant drive-through at 445 Innovation Lane and we will
begin with the staff report.
Parsons: Thank you, Madam Chair, Members of the Commission. Next item on your
agenda is the conditional use permit for the Habit Burger. The subject site consists of
1.16 acres of land, currently zoned C-G, located at 445 South Innovation Lane in the
Ten Mile Center development near 1-84 and Ten Mile. We are here tonight to talk about
the conditional use permit, because this particular drive-through is within 300 feet of
another drive-through and that's way the -- later on in the evening we will talk about
some changes to the drive-through standards, but as it's currently -- currently on the
books today this does require a CUP when it's adjacent to another drive-through. Up to
the north is the Costa Vida drive-through that you guys have approved and, then, also
south of it is Cafe Zupas. South Innovation Lane itself was a private street that the city
approved with the subdivision of the property. You could also see on the future land
use map that the -- this area is designated commercial, where we anticipate a mix of
commercial, restaurant, drive-through uses on the site. So, again, this is consistent to
the plan that is currently in place with the city and the development. And, then, on this
graphic here you can see where this is sandwiched between the two sites that I had
mentioned previously. So, the applicant is here tonight to discuss an approximate 2,400
square foot restaurant with that accessory drive-through use. They are proposing two
access points from South Innovation Lane, which is technically a commercial drive aisle
slash local street. So, there really is no restriction on the number of curb cuts that they
could have on that particular local street. You can see customers enter the drive-
through from the northern portion of the site and there is adequate stacking for those
vehicles. In addition to that, the applicant is providing the escape lane per UDC
standards along the outer rim of the proposed lot, which runs along the north and, then,
the west boundary, so cars can exit if they need to without picking up from the ordering
window. Looking at the overall proposal, both the use and the drive-through use do
meet UDC standards. Because this is a restaurant use the UDC does have a higher
parking ratio than our typical commercial uses. This particular site is required by code
to provide a minimum of ten parking spaces and the site plan before you this evening
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depicts 57 parking spaces, which is -- far exceeds what UDC code requires. Looking at
the public record we did not receive any public testimony on this site and as the
applicant moves through the process with us they will have to get their design review
approved from the Ten Mile Center design review board and they come back with a
future certificate of zoning compliance to finalize their site design. But, again,
everything that's before you this evening does meet UDC standards. So, with that I will
conclude my presentation and stand for any questions you may have.
Lorcher: Would the applicant like to come forward? Are they in Chambers? Oh.
Wong is raising his hand. And you just muted your -- oh, no, you are not.
Wong: Yes.
Lorcher: Okay.
Wong: Hi. Good evening, everybody. Thank you so much for the application. This is
Tom Wong with Commercial Development Resources. CDR. We are consultant to
Habit Burger. Burger is spelled with -- with the b-u-r, as opposed to b-r-u. Anyway --
Lorcher: Can we get your address for the record, please?
Wong: Sure. It's 695 Town Center Drive in Costa Mesa, California. 92626.
Lorcher: Okay. Thank you.
Wong: Yeah. Basically it's a pretty straightforward, you know, layout. Pretty much very
similar to our south property where we have a drive coming in from north and coming
out to the south and, you know, we -- we did as best we could with the site. So, it's --
looking forward to moving this forward. But did you have any specific questions for us?
Lorcher: Commissioners, do we have any questions for the applicant at this time?
Nope. I think we are good. So, I will have you sit back for a moment and we will see if
there is anybody signed up for public testimony, okay?
Wong: Okay. Thank you.
Lorcher: All right. Thank you. Madam Clerk, do we have anybody signed up?
Lomeli: Thank you, Madam Chair. No one has signed up.
Lorcher: Mr. Wong, do you have any other comments before we close the public
hearing?
Wong: I do not have any other comments or questions.
Lorcher: Okay.
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Wong: Thank you.
Lorcher: May I get a motion to close the public hearing, please?
Smith: So moved.
Garrett: Second.
Lorcher: It's been moved and seconded to close the public hearing for Habit Burger. All
those in favor say aye. Any opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Lorcher: This is restaurant row. So, you know, adding -- adding another one we knew it
was coming it was just a matter of time, as long as it fits the city's descriptions of filling
out the codes and making sure that there is through traffic and its design standards, I
don't see why it would have any, you know, complications of offering a conditional use
permit. This makes it closer to my house. So -- and, actually, for this side of Meridian
we don't have a drive-through Habit. The one in The Village is a walk up restaurant.
Any other comments about the Habit?
Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: After considering all staff, applicant and public testimony I move to approve File
No. H-2025-0022 as presented in the staff report.
Perreault: Second.
Lorcher: It's been moved and seconded to approve the Habit. All those in favor say
aye. Any opposed? Motion carries. Thank you very much, Mr. Wong.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
8. Public Hearing for Mogul Industrial Park Subdivision (H-2025-0006)
by The Land Group, generally located at the northwest corner of
Black Cat Rd and 1-84.
A. Request: Preliminary Plat to subdivide two (2) existing parcels into
eleven (11) building lots across three (3) phases in the I-L zoning
district on 88.20 acres of land.
Lorcher: Okay. Moving right along. The next item on the agenda is Item No. 2025-
0006 for a preliminary plat to subdivide two existing parcels into smaller lots across
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three phases for Mogul Industrial Park at Black Cat Road and 1-84 and we will begin
with the staff report.
Parsons: Thank you, Madam Chair, Members of the Commission. You nailed the
description of the project. Thank you. It is a preliminary plat on 88.2 acres of land
currently zoned I-L. As you mentioned it is adjacent to 1-84 and Black Cat. If you recall
this project was before you in 2022. We received this annexation with that I-L zoning
designation. As part of that approval there is requirements for road improvements.
Amount of uses were restricted through that development agreement. Timing for
thresholds for extending the collector road through the site. So, I want to make it clear
to this body tonight that this property does not require it to be subdivided. The applicant
is just proposing to do that. So, under that current DA there is nothing in there that
doesn't allow them to move forward with additional development on this site. Again, for
construction purposes and phasing is what I understand being the primary driver for
subdividing the property. You will also notice looking at this map that it seems like the
two parcels are disjointed or not connected. That isn't a typical subdivision that you see
in front of you, but I can assure you based on what you are seeing here the applicant
has done a series of property boundary adjustments to carve out the configuration that
you see here, so they are legal parcels and, then, in our coordination with the Ada
county assessor's office they have said as long as the right of way touches between the
two parcels and ACHD signs the plat and it's within the same section of the city it could
be considered as one preliminary plat. So, even though you see it connected by a
roadway, the county still sees this as one plat and so we have moved forward with that
determination from the county. The other pieces that are gray around this area are still
part of that development and the applicant does have CC&Rs in place that basically
align all of these properties to share in the landscape responsibilities, roadways and
cross-access between all the properties. You can see here on the future land use map
that it does have two Comprehensive Plan designations. I won't go into that too much,
just for the fact that it's already been annexed and zoned and there is a DA. So, again,
currently there are six buildings constructed on the site and ready to be occupied on the
site. So, they have already moved forward with a large portion of the site and they are
ready to get tenants and businesses operating in this part of Meridian. So, here is the
preliminary plat. It does consist of 11 industrial lots on 88.2 acres of land. You can see
here in the preliminary plat these four lots here have existing buildings on them. This
larger parcel just to the west is St. Luke's that was purchased from the applicant and
that's developed and there is an existing building here that was just recently signed off
by planning as well with all parking and landscaping in. So, really, what we are looking
at is the remaining of this portion here and, then, as you recall a few -- three, four
months ago this property was annexed into the city by the same developer. Enter into a
DA, which that property is still part of the overall development for this site. So, again,
it's one cohesive development, just coming in on different phases and different parts
and pieces or different -- and different timing. As part of this development the Ten Mile
Interchange Specific Area Plan calls for specific collector roadways to be built within this
development. You can see that here on the concept plan. So, this is the east-west
collector portion of that master street map required collector road, which is called Grand
Mogul. It's currently built to about this location -- about a third of the way into the site
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and that's been essentially deeded to ACHD and constructed per their development
agreement and per ACHD standards. As I mentioned to you and as -- as the Chair
mentioned, this -- this preliminary plat will be phased in three developments. So, again,
this middle portion will be phase two and, then, the last phase will be this northwest
quadrant and a portion of the north-south collector road here. So, probably it's -- there
is a picture of the phasing plan here, but it's probably -- we have got a blown up picture
here probably for you, so you can see the phasing a little bit more here. So, phase one
those first two lots and phase two are the three interior lots and, then, the last phase is
Lot 3, Block 2, which also includes a portion of the north-south roadway that we will
spend probably some time discussing this evening. All right. Also with industry -- this is
the other unique part about this development is some of the landscaping is already in
along the street frontage and so anytime a developer has to subdivide the property the
code either requires those street buffers to be in in a common lot or a dedicated
easement and so as the applicant works with staff on their phasing and their plats and
their plat submittals they will have to graphically depict those easements on their final
plats to ensure they are meeting the required landscape buffers per city code. So,
along Black Cat they have installed a 25 foot buffer and, then, on the collect street
require a 20 foot buffer. The other part of it -- of the street network the applicant's also
providing ten foot sidewalks on each side of the roadways as well. So, they are -- rather
than having the multi-use pathway along the interstate within the 50 foot buffer. During
the annexation of the property the Parks Department agreed to allow the applicant to
put those -- add those to the on-street network with the collector street. So, that's why
you see ten foot sidewalks on each side of that collector roadway, along with the
northern portion of the north side -- north-south collector roadway, which is along the
west boundary here. Again, here is -- you saw where I was mentioning the existing
conditions. So, you can see they have progressed quite a bit on the property and, then,
here is the landscape plan that coincides with their phasing. Again those required
buffers are depicted on all on the roadways. Again, they will have to indicate that here,
because of these four parcels that's a requirement or a condition of approval in the staff
report and, then, along the freeway we require a 50 foot buffer and so they will -- again
they will do that and I will let the Commission know that the landscaping will be phased
consistent with the phasing plan that I just shared with you. So, really, if you had a
chance to look to the staff report the applicant did send me an e-mail, had a few items
of discussion they wanted to take up with you this evening. Probably a majority of it is
really the extension of the north-south collector roadway along Lot 3, Block 2. So, this
area here. So, this is a schematic that I put together to explain what we are trying to
achieve at least in the area and with -- with the extension of the collector network. So, I
asked the applicant to provide an exhibit how the east-west -- or the north-south
collector road could be extended in the future and that's the red line that you see on the
graphic here. You can see that it jogs off -- runs up about three quarters of the property
and dead ends. The turnaround would -- the required ACHD turnaround will be on Lot
3, Block 2, in this general location. So, don't be alarmed that there is not a required
turnaround at the end of the street. There is. They are just working with ACHD on that
and when they come in with their final plat they will provide that -- show that turnaround
easement on their buildable lot and, then, ACHD construction or review staff will -- will
approve that turnaround. And, then, as it heads north off their site it is running on the
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adjacent property on the west side of the Rosenlof Drain, which you see here. The
reason why I brought it up in the staff report is because our long range planning staff is
working with ACHD on the widening of West Franklin Road and so the connection point
-- or that intersection isn't quite laid out or planned yet and so now that we are here with
-- we have some vacant properties in the area we are subdividing, now it's maybe the
right time to have that conversation to make sure the plans that we are working on align
with what we are trying to achieve in the area. There is some pros and cons to that.
So, the exhibit here, the lines in the blue is what staff's recommended as far as the -- as
the alignment for the north-south collector. The applicant would only be required to stub
to this portion. So, the blue north of that is just a graphic representation of what it could
look like consistent with the master street map. As you head on the other side of
Franklin Road -- you see my yellow line here at the top of the graphic. That's where it's
depicted on the north side of Franklin. That's where the master street map shows it
aligning. So, if the applicant were to -- or if this road was to connect into Franklin where
the applicant is proposing, there is a possibility or chance that that intersection wouldn't
align and it would be offset, which could be problematic. It's not uncommon, but it could
be problematic. When I looked at the recorded development agreement for this site and
the concept plan in that DA it did show the road along the entire boundary stubbing to
their north boundary. So, it did -- this -- this plan or this plat does fall short of it going to
the north boundary consistent with the concept plan. But I don't want you to get into the
weeds on that too much, because, again, they are still providing that north-south
collector roadway consistent with the master street map. ACHD has approved the
location as proposed by the applicant. So, really, I wasn't trying to derail the
conversation tonight, I just wanted us to have the conversation as what -- when the
timing and what is the best location for that roadway, because we are -- the city is
starting to see some development happening in this location on the east-west side of
Black Cat and it's starting to funnel westward. So, we are starting to build this existing
east-west collector road north of this development and so we really have to be
cognizant on how all of this connects and aligns in the future. But, like I said, again,
collector road was required with the DA. It's there. ACHD has said yes. Keep in mind
the other reason why staff has recommended that I go on the east side of the drain
versus the west side is just a logical expansion of city services and development in the
area. But when talking with the applicant they raised some valid concerns, too. By
moving the road to the east you are impacting smaller developments, which have a
harder time carrying the cost and building those roadways when you have a large
property to the west that's still vacant and could also easily facilitate the extension of
that roadway. So, again, more discussion points. I know the applicant is going to
discuss with you kind of their rationale for why they located where the road is, but I just
wanted to at least have that conversation and show you that there is other alternatives
here than just putting it on the north and south. I mean looking at the -- again, staff is
recommending approval with conditions. There are a few modifications that I would like
the Commission to make tonight as far as the conditions of approval go. So, like I
mentioned to you earlier in my presentation, the applicant -- one of the concerns we
raised with the applicant before we even processed the application was how is cross-
access going to work with the parcels that aren't part of the subdivision? We can --
when you subdivide a property we can have them add a note on the plat that addresses
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cross-access, but how does it work when you have a portion of a project that's platted
and a portion that isn't, but it's still all governed by one DA and one -- one master plan
and so the applicant did provide us a recorded copy of their CC&Rs and the entire
property is encumbered by those. So, in my e-mail discussion with the applicant staff
feels comfortable, as long as the plat notes that their CC&R is in effect and that cross-
access are bound by those CC&Rs. We are good with changing the language that they
don't need to either add a note to say cross-access is provided or add a note that
references the CC&Rs that we have on file and, then, that way we know cross-access is
covered by -- for the entire development, just not a portion of it. The second request is
to strike condition 4-B. That was a redundant condition that did not need to be in there.
It referenced landscaping on both sides of the pathway and because the ten foot multi-
use pathway or sidewalks are within -- contained within the 20 foot buffers, the code
doesn't require us to double dip and get -- require twice the landscaping along that. So,
they are only required to meet those subdivision -- or the street buffer requirements of
the landscape ordinance, not the pathway requirement. So, again, it was just a
redundant condition that needs to be stricken from the -- the record. And, then, the
applicant also wants to -- staff also had a condition five in there. It speaks to adding
additional landscaping adjacent to the collector roads. We ask that they provide an
additional five feet of -- if parking was going to be adjacent to the street buffers,
because we don't want vehicles overhanging into that buffer or overhanging the
pathway. I don't know if that necessarily needs to be a plat condition. It's something
that we can work with the applicant on as we go through that CZC design review
process with them. That's really a parking lot landscape requirement that we look at as
we get farther into the weeds. But we just at least want the applicant to be on notice
that if there is parking they are going to have to mitigate that somehow by adding
additional parking, whether it's three feet of parking with wheel stops, curbing or adding
five feet and shortening their parking stalls and allowing the vehicles to overhang a little
bit more into that parking. But, again, had a conversation with the applicant and they
understand that and, again, if you feel desire -- so desired to strike that condition you
can. Again, we will get it with CZC design review. I haven't formally asked you to strike
it, because it's -- it only says it's required if it abuts parking, so it wouldn't be applicable if
they didn't have parking there. So, I will let the applicant try to sway you or advocate for
that as they present to you. But other than that I think for the most part we are pretty --
pretty much in alignment with the applicant. Looking at the public record there was no
public testimony that came in on this application. Again, I will conclude my
presentation, stand for any questions you may have.
Lorcher: Bill, a couple questions. In regard to the item five parking, is it for consumer
parking or employee parking or any parking?
Parsons: Madam Chair, Members of the Commission, it's any parking.
Lorcher: And one other question before the applicant comes up for clarification. So,
phase three talks about the north-south access. Do we know when Franklin is
proposed to be widened?
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Parsons: Madam Chair, Members of the Commission, I can look that up on ACHD's
website, but maybe the applicant knows more. They work more directly with them on
that. I can tell you -- the one thing that I can tell you is when the applicant was in front
of you with the annexation they tried hard to work with the adjacent property owner to
build that road as part of this development, so we could get that out sooner -- get it done
sooner rather than later, but it just couldn't get that easement in place to extend that
roadway as I showed you in their exhibit. So at least I -- you know, they tried and they
can't -- and they couldn't. But, again, this is consistent with the master street map. We
just want to make sure is it in the right spot and will it align in the future with Franklin. If
not keep in mind it's the third phase. So we do have time to work with the applicant.
They have the time, they will work with ACHD. So, I think whether or not we don't solve
that tonight we can certainly continue to work with the applicant and maybe have some
more definitive answers as we go to City Council and bring up this topic.
Lorcher: One more thing. Can you bring up the slide that shows the -- the shadows of
the property -- property lines that you had before with your -- with your blue lines and
your red lines there. So, is this -- is this an existing road that goes north-south or is that
just between properties? So, I'm looking at the storage lot and, then, I think I'm looking
at the plantation house I think is currently for sale. Is that a street that goes through
there right now or is that just access for the farms? The red line.
Parsons: Oh, this red line here?
Lorcher: Uh-huh.
Parsons: Madam Chair, Members of the Commission, that is their proposal where they
think it will connect to Franklin. So, there is nothing there. That gravel road that you
see adjacent to that red line is the ditch. It's the irrigation district's access and probably
to -- along Rosenlof Drain there.
Lorcher: Okay. And so the McDermott Road is further west than the two parcels
shaded gray?
Parsons: You got it.
Lorcher: Okay. Okay. Just want a point of reference. All right. Any other questions for
staff before we invite the applicant up? All right. Would the applicant like to come
forward? Hi. If you can state your name and address for the record that would be
great.
Densmer: Sure thing. I don't know if I can quite get to the microphone.
Lorcher: That's fine.
Densmer: Thank you. My name is Jason Densmer. I'm a principal civil engineer with
The Land Group. Our address is 462 East Shore Drive in Eagle. I'm pleased to be here
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tonight on behalf of the applicant. The other members of the development team are
here also should you have any questions that I need to fall back to them. Bill and the
staff have done a great job of analyzing our application and summarizing it for you. We
are pleased to be here tonight almost in full support of his recommendations. As he
mentioned the project was annexed in 2022 and has a development agreement. Since,
then, the development has been progressing pretty rapidly. There are six buildings
complete today. We have completed the first third or so of the east-west collector road
called Grand Mogul Drive and dedicated that to ACHD. We have constructed street
frontage improvements along Black Cat, including landscape and multi-use pathways
and we have gotten to a point now where the proposed subdivision would allow us to
continue the regular development of the project. As Bill mentioned we could continue
under the development agreement, but having these parcels separated into individual
lots allows greater flexibility for the owner in terms of financing and ownership. The
layout of the project and the design is still consistent with the development agreement,
we are just asking for approval to superimpose new property lines on top of that
development. So, do I --
Lorcher: You might have better luck with the arrows up and down.
Densmer: There we go. Regarding the conditions of approval we are in support of all
of them, including the recommendations for modifications that Bill described tonight,
with the exception of condition number two and you will notice there is actually two
condition number twos. So, I mean the second one that's in bold text.
Lorcher: I'm not sure if that's in front of us right now. Can you tell us what -- do you
know what that is?
Densmer: It has to do with the north-south collector road.
Lorcher: Oh. Okay.
Densmer: The condition number two requires that we resubmit updated preliminary plat
materials within 15 days of the City Council hearing to redesign the north-south collector
road to the east side of the Rosenlof Drain. As Bill said there has been a lot of prior
work on this and we would like to just talk through the logic of it, because until the staff
report was issued last week we didn't realize that there was any concern from the city
about where the north-south collector road ran. As I mentioned we have been working
out here for a while and have coordinated with ACHD and reviewed the master street
map and have ACHD's support through their staff report for our proposed location of the
north-south collector. It's a little bit of unique situation, because along the north
boundary of the Mogul Industrial Park or Meridian Commerce Park as we are putting on
the sign, is the Rosenlof Drain and as it gets to the west edge of Meridian Commerce
Park the Rosenlof Drain makes a 90 degree corner and heads due north, both on our
property and as it extends to the north the drain is centered on the property line and so
the easement, which is Nampa-Meridian's easement, affects both property owners, both
us in the case of the south and our neighbors to the north and, then, once the drain
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turns to the north and heads towards Franklin, Nampa-Meridian's easement affects both
property owners on each side and so stubbing a road due north at the corner actually
puts it right on top of the Rosenlof Drain and in conflict with Nampa-Meridian's
easement. So, it seemed to us early on that it was going to be necessary for that north-
south collector to diverge either to the east or to the west, because it clearly can't be on
top of the drain. ACHD and Nampa-Meridian get along in a lot of ways, but they will not
let us put a road on top of a drain easement and I think ACHD had realized that also,
because the master street map also shows that the road will be located west of the
Rosenlof Drain. So, we thought that that was what agencies had laid forward as far as
groundwork for us and it also made sense logically that the roadway be west of the
Rosenlof Drain, because that's a single large parcel. So, about 103 acre parcel. It's
under single ownership. There is a lot of flexibility with a parcel that size to develop and
accommodate construction of a road in a -- kind of a logical way. Conversely, on the
east side of the Rosenlof, which is staff's recommendation that we consider, the -- there
is two parcels. They are both smaller. One of them is currently being used as a storage
parcel and just by the virtue of the fact that there are two getting the road from our
project to Franklin Road will require two parcels to develop, which sequentially may not
happen as quickly as a single large parcel could. In addition to that the two parcels
being smaller are more restricted from a planning standpoint and a road is much more
impactful in terms of percentage of the land area. The smallest parcel there is about
eight acres and just a conceptual design for the road suggests that almost 20 percent of
it could be consumed in the roadway, which is a tremendous amount of land area for
that one parcel to have to dedicate and not leaving much flexibility for anything else to
happen. So, we think there is logic in our proposal. It was supported by the master
street map at ACHD and supported by ACHD's staff report that agreed with our location.
So, it would be our request that as you are considering the conditions of approval
tonight you strike condition of approval number two, part two, that asks us to redesign
the project on that one element. Other than that we appreciate staff's support and
agree with those conclusions and we would love your support as we move forward to a
City Council meeting.
Lorcher: I have a few questions. In regard to the property to the west where you are
suggesting that the road goes, you have no ownership in that parcel; correct?
Densmer: No. The parcel to the west is owned by a third party.
Lorcher: By a third party. And that's not going to be part of your subdivision where the
north-south -- and I'm talking about the one that hits Franklin where you are proposing
the road to go and, then, what you are suggesting is that you want it to the east -- no.
You want it to the west; right? And, then, city is suggesting to the east, which would
affect those two smaller parcels. So, from a business standpoint, you know, if -- if
ACHD and the irrigation companies, you know, want those roads -- and now you have
got a drain in the middle of all of this at the same time, the marketability of the western
property just gets compromised, because the road goes there. You know, because of
your buffers and your land and all those other types of things. So, there may be some
financial impact to that larger landowner and, obviously, a significant financial impact to
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the two smaller parcels. So, ACHD has their wish list. You have yours. What does the
irrigation company prefer? Where would they like to see it? Do they want to see it east
of the drain or west of the drain?
Densmer: Madam Chair, that's actually an interesting question. I don't think the
irrigation district weighed in in providing a staff comment on that question. We have
worked with them extensively on the other areas of it and, in fact, under the
development agreement the city agreed that the Rosenlof Drain should remain open. I
think that's the irrigation district's primary concern is just that the drain remain open and
continue to function.
Lorcher: And when you say open you mean not tiled. Open as -- okay. So, now we
have a property to the west who is -- if the land -- if the road goes to the west you have
got a property who is going to lose, what, 40, 50 feet of marketable area, because of the
road and the drainage ditch or if you move it to the east now you are compromising two
smaller parcels with an open drain and a road. If I'm that small guy, not the storage
guy, but if I'm that little guy right there you just took about 20 percent of my land in order
for me to sell that to anybody and as much as the collector road would be fabulous for
In-N-Out, but now my parcel is a tiny little rectangle compared to what it is before. So,
the placement of this road actually becomes a bigger picture for future development
and, technically, it shouldn't be yours, because you are to the south of that, but it all kind
of ties together, right, and we have time because of the phasing and, then, you add on
top of that Franklin Road being expanded in the future and the city wants alignment,
because we don't want to be zigzagging all over the place so -- for continuity, I would be
interested to hear what the irrigation company -- besides the fact that they want it
opened -- of where they would prefer the road and how that's going to affect all three of
those landowners. So, you know, if I owned any one of these parcels I would have
concerns, because that road -- whether it be done through eminent domain or however
it's going to become, is going to going to become a big issue as we go forward -- as the
city grows, as you create connectivity with your third phase, so as you go forward to City
Council I would implore you to talk to the irrigation district to see what -- if they had their
-- they were king for a day where would they want the road and, hopefully, between --
you have already seemed to get your blessing from ACHD. The city has their proposal
of what they want and what you want and hopefully everyone can come to the
conclusion of what the best impact is -- not only for today, but five years from now or
whenever -- whenever those roads are going to be developed. Does that make sense?
So -- okay. Commissioners, do we have any other questions for the applicant before
we open public testimony?
Garrett: Yeah. I mean just from an economic standpoint I agree that if you could go
west that's a much less impact on that larger property than it would be on the two
smaller ones. You are almost negating the value of the two smaller ones with a road.
Lorcher: And that's -- and that's what they would like. The city would like them to go
east.
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Garrett: That's correct.
Lorcher: Okay.
Garrett: That's why I'm -- I see the -- the east as the most favorable compromise and
that's what it is as a development.
Lorcher: Okay.
Smith: Madam Chair?
Simison: Commissioner Smith.
Smith: Question I guess for staff or the applicant. I just want to confirm that both -- on
the north side of Franklin and the south side these would be left in? Oh, like is that -- is
that -- they are not going to be right -- right-in restricted -- right-in, right-out or like that.
Lorcher: I don't think so.
Smith: I just wanted to confirm, because I think that's the -- that's the one thing that we
have not discussed I think in terms of takings and, you know, the -- the most equitable
move, I think that's -- I think we have had that conversation, but also just making sure
we preserve the connectivity. I don't have as much of a concern if -- rather than I'm
trying to go northbound -- instead of going straight up I take a right and, then, a left. I
don't have as much of a concern there, as long as that's not somehow being prohibited
by the configuration of the street. That's -- that's why I was asking, but --
Densmer: Madam Chair, Commissioner Smith, of course the intersection with Franklin
of this north-south collector is not part of our application or our project, but my belief is
that ACHD envisions that to be a full motion intersection when it's constructed in the
future and in addition to that there was a question earlier about the status of ACHD's
Franklin Road project. I think it was articulated in ACHD's staff report that that's
currently under design. They intend to do property acquisition over the next couple
years, but they haven't yet identified a construction year for the project.
Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: That actually raises a question for me. If the intention is for it to be a controlled
intersection are you saying that it's your belief that they intend to move the north
connection also to the west or -- and I guess what I'm struggling with is their plan for
that to be a full controlled intersection. How would that work if this moves to the east
and is now out of alignment with that northern, you know, collector?
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Densmer: Commissioner Smith, it's pretty hard for me to design ACHD's intersection
from the dais here, but I'm sure that they would figure out a solution that's safe for
everyone. The -- maybe the -- I guess the pertinent point that we wanted to bring
forward is that this north-south collector is anticipated to be built by development. It
won't be an eminent domain. ACHD is not going to go acquire property to construct the
north-south collector and it will wait until the property owners between us and Franklin
Road develop. Looking in the crystal ball you have to consider whether you think it's
more likely for the two small land owners to develop and make that connection or if it's
more likely that the single large landowner would bring forward an application to do that.
Ultimately, you know, everyone I think would like to have it connected as soon as
possible, but it's under the control of those other people that aren't here tonight.
Lorcher: Right. And also understand our purview, too, is to do what's -- what's in the
best interest of the city, not just at this point in this application, but looking at the future
land use map and how that all connects together and when we are dealing with
undeveloped land, even though we are evaluating your application individually, it does
connect and that is something as a commission we need to look at as well, so -- okay.
Thank you. Let's open for public testimony and we will go from there. Madam Clerk, do
we have anybody signed up to testify?
Lomeli: Thank you, Madam Chair. No one has signed up.
Lorcher: And no one online as well. Jason, do you have any other comments that you
would like to make before we close the public hearing? Okay. Can I get a motion close
the public hearing, please?
Smith: So moved.
Perreault: Second.
Lorcher: It's been moved and seconded to close the public hearing for Item No. H-
2025-0006. All those in favor say aye. Any opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Parsons: Madam Chair, I just wanted to go on the record. Got some new information
on that. It looks like ACHD is moving in Franklin Road up to 2029.
Lorcher: 2029? The only portion of Franklin Road that's not wider, because Black Cat
is right up until that second or third parcel and, then, ITD is doing just down the street at
McDermott. So, we are less than, what, a mile that just needs to be widened, so that
everybody is the same width and length and because you are industrial or light
industrial and access to the freeway and Highway 16 is going to be a big part of your
marketability of your project, you know, it's important that all these pieces kind of fit
together. I guess -- you know, I'm looking at it as a landowner who is in the impact area
of Highway 16 and very familiar with people taking -- developers working with land,
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ACHD working with land, widening roads and things like that, I understand your point of
moving it to the west, which makes sense for the larger land owner to assume the
financial costs of that road. It would be very detrimental for the two smaller parcels to
do it, but what I have learned in this valley is that water trumps everything. So, you
know, I have seen people do improvements along the irrigation district based on the
county -- specifically Ada county and, then, had to rip everything out, because Nampa-
Meridian Irrigation said that's not allowed. So, as long as those two agencies continue
to work together, the irrigation and ACHD, along with the developers, I think -- I think will
be fine. The fact that they want it open surprises me considering we are looking at
industrial development mostly in that corridor. I'm not going to hold back this application
based on the location of the road, but -- and phase three it sounds like it's going to be a
few years away, so there is time, but before you go to City Council you might want to
get a weigh in from the irrigation district of where their preference of the road might be
and that might help with long-term planning as far as whether it should be east of the
drainage ditch or west of it. I personally I'm -- I'm not inclined to -- I guess -- I guess I
don't feel like I have enough information to say we should strike item number two to
redesign for the east, but I would like to hear from the other Commissioners and see
what they think.
Smith: Madam Chair, I think -- I think I'm in agreement with you. I think especially --
and I know this isn't the prerogative of the applicant, but this does factor into the
decision what ACHD's plans are about that intersection. If it's -- if it's an uncontrolled
intersection that -- I think that is one decision, but if there is intention for it to be a
controlled intersection I think that -- that really changes the calculus on whether it's
important for there to be a straight through connection or, you know, a right angle kind
of turn scenario. So, I think if the road gets moved to the west by City Council I don't
think there is -- there is -- it's the end of the world. I think this is still a good application
aside from that, but I don't think I'm comfortable moving to strike that language at the
moment, just lacking that knowledge and I don't know that this is a big enough issue to
need to continue over, but I think it's definitely something that is -- lacking that
information I think my judgment is defaulting to staffs recommendation absent kind of
some of that clarity.
Perreault: Madam Chair?
Lorcher: Commissioner Perreault.
Perreault: I apologize if I wasn't tracking on this. I have a question for Bill. As far as
that applicant is concerned, they are only responsible for taking that section up to the
northern boundary of lot -- of Lot 3; right? So, they are not -- I mean their responsibility
is just to take that up to the section of their property. So, we are talking about whether
we are moving to the east or the west and ultimately they are not the ones that's -- that
are going to put that road in, so help me connect the dots here on whether we are just
talking about how they design it up to their northern lot line and how we are tying that to
the decision of the preliminary plat. Like how are we making that a condition of the
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preliminary plat? Because all the time I have been doing this I don't recall us having this
specific type of decision.
Parsons: Madam Chair, Members of the Commission, Council Woman -- or Council --
wow. Commissioner Perreault, you are -- you are correct. We are only talking about
that much of it and, like I mentioned to you, the concept plan that's in the development
agreement did show it going all the way up along that boundary, but as the applicant
mentioned as you start having those discussions and figure out where this road lands,
sometimes those things change. In a DA it's a concept plan and, then, when you are
starting to get actual development plans and looking at constraints and trying to align
everything, things can change and that's where as planning we -- we lean on ACHD to
say, hey, what is the best approach? And, then, we also coordinate with ACHD on the
master street map and so, yes, the conversation is broader than it needs to be, but at
the same time I think it's an important conversation, because if we don't get it right
where are we shifting that burden on one or the other property owner, it's -- at the same
time we have to do what's in the best interest for the city and the future development of
this area. So, ultimately, you are right, 20 percent of the smaller property is being
affected, but what if somebody buys all of those properties and now it becomes -- and
consolidates it and it's one larger project? Now it's not such a burden, because they
have consolidated properties to do something different. Not saying that's going to
happen, but we have seen it time and time again where people can come consolidate
properties and get a larger piece to offset some of those costs. I agree with you, if it
was just that road on that small piece of property, it looks like it is burdening the smaller
property owner versus the bigger property owner. But for tonight's purposes the plat is
a mechanism for extending roadways and if the condition is written that they stub it to
their north boundary, not --
Lorcher: All the way.
Parsons: -- where it aligns on Franklin, just you stub it to your northern boundary and,
then, where it goes from there will be determined. But that's how the condition is
currently written.
Lorcher: Okay.
Perreault: Madam Chair?
Lorcher: Commissioner Perreault.
Perreault: So, that piece has to be completed and built to the northern line by the
certificate -- by the time the certificate of occupancy is issued for that lot.
Parsons: That is correct.
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Perreault: And there -- will there be other opportunities for the same conversation to be
had prior to that or is this the last opportunity for Commission or Council to have -- to
put teeth into that or to create that condition?
Parsons: Correct. Like when we go to a final plat we can't change the condition of
approval or we provide more restrictive -- or new conditions on the applicant. So, this --
this is the time to get it right. Again, the condition can be flexible. It can say work with
Nampa-Meridian, work with the city, work with ACHD. As I mentioned, this is their third
phase, so it may be some time before they have to get that resolved, but there is time,
but this is the time to figure out where we generally want it located.
Lorcher: On another note, all of the other items that you have as far as your
development look great, but like Bill said, we want to make sure we get it right not only
for your business plan and your move ability for your tenants to be able to use that
collector road in an efficient way, but also what's in the best interest of the city. So, as
far as conditions are concerned, you know, honestly, I know the city likes it to the east,
but I have to say if the -- if the burden of the road is going to be on the developer those
two smaller parcels, I agree with Jason that would be a huge financial burden compared
to the west, regardless if it gets consumed by a bigger one or not. I think the only
condition I would want to put before it goes to City Council is that the applicant works
with ACHD and specifically the irrigation district of where they see it happening,
because the water is going to be one of the most essential parts of that construction at
the end of your development and the future connectivity of where your tenants will be
able to move around; right? So, it's -- it's in your best interest that we get this road right,
that not everybody's doing all these little S curve -- curves and all these other things and
that -- especially if the irrigation district is going to be open and you have box trucks and
possibly 18 wheelers going through. So, any other comments from Commissioners?
Garrett: Yeah. I would like to see maximum flexibility, because, as you say, the
variables between the irrigation district, whoever is going to own those properties, if
there is going to be an additional owner or new owner, I think -- and that length of time
between now and I think Bill said 2029, 1 mean, gosh, we -- I mean that's a long time.
Lorcher: It is.
Garrett: And we don't know what the irrigation district is going to say and so I think
committing to a certain position I think is just too unknown right now.
Lorcher: Any other comments before we make a motion?
Perreault: Madam Chair?
Lorcher: Commissioner Perreault.
Perreault: I agree with Commissioner Garrett on that. I would like to see maximum
flexibility on this and wonder if there isn't even a way that we can change the wording of
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the condition to make sure that when Council does the same deliberation that we have
-- that it's reflecting we believe there should be some flexibility in that. I understand
staff's recommendation to -- to make it a condition that that shift -- that that section shift
to the east. I just have -- I have some concerns of -- of setting that condition in how it's
currently worded, but the revised wording I can't recommend.
Lorcher: And, then, Bill, you also wanted to add to our motion that the CC&Rs in effect
include cross-access throughout the property is provided and did you want us to strike
4-13, which references --
Parsons: Correct.
Lorcher: -- landscaping on a street buffer requirement?
Parsons: Yes. Madam Chair, that is correct. The requirement for pathway landscaping
is not required.
Lorcher: Pathway landscaping.
Perreault: Madam Chair?
Lorcher: To pathway landscape.
Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: I guess this is -- I guess this is a legal question regarding, you know, in terms of
requiring things prior to the City Council hearing. If I could wave my magic wand I
would say something like, you know, you need to get feedback from NMID and ACHD
on this. That sounds like that's also putting the prerogative on them that -- or it's -- it's --
it's contin -- it's placing a condition that depends on ACHD and NMID getting back to
them in time. So, I'm just curious is there a way that we can do that legally, but not -- I
don't know if you get what I'm saying. If -- if someone at NMID is on vacation or drops
the ball, I don't want it -- that's a -- you know, be -- I don't think we can make that the
developer's fault, if that makes sense.
Breshears: Madam Chair, a way you could word that would be to say that you require
them to reach out to ACHD and the irrigation company by X date requesting feedback
and, then, they have done their part, you know, in two weeks or a week or whatever it
is, however long you want to give them and, then, if they hear back great and if they
don't then they have at least complied with the condition.
Lorcher: Commissioner Perreault.
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Perreault: Bill, Madam Chair just mentioned adding that plat note. Is that not already
condition 3-D.
Parsons: Yeah. Madam Chair, Members of the Commission, it is. It's just modifying --
we will wordsmith it a little bit, but it says and and it can probably be or. We will
wordsmith it a little bit more. Because they -- like I mentioned to you in my staff
presentation, we have the CC&Rs, so we know cross-access is out there. We just need
to make sure that it's referenced correctly on the plat.
Lorcher: Okay.
Densmer: Madam Chair, I'm sorry, I realize I'm completely out of order because the
public hearing has been closed, but as I hear you wrestle with this north-south collector
road alignment question, we are happy to reach out to Nampa-Meridian, ACHD,
whoever you would like. There is risk that, you know, ACHD has already said that they
were comfortable with our proposal. There is a risk that we wouldn't get a response
back and even if they did respond I think that we are all trying to figure out what the right
thing will be several years from now and to make that decision over the next couple of
weeks before a council meeting might kind of circumvent the natural evolution of this
area I would be in -- I think we would be in -- in stronger favor of a rewording of the
condition of approval, just to provide us flexibility to resolve the final alignment of that
street as we get towards phase three of the project in a few years. Certainly the picture
will be clearer then than it is today or will be in the next week or two.
Lorcher: Okay. Thank you. Okay. Do you want to take a stab at this or do you want
me to?
Smith: Well, Madam Chair, I think that raises a question, again, kind of defaulting back
to that question of when do -- will we get another, you know, at bat or, you know,
if -- when is the latest that we can kind of require some -- some compliance. I think
what -- what the applicant said it makes sense to me, but I don't know how we could,
essentially, delay past the final plat.
Lorcher: Oh, I wouldn't want to delay the application. I mean just say have due
diligence to communicate with the agencies and, you know, take it more information to
City Council.
Smith: Yeah.
Lorcher: And, then, they can deliberate, like Jessica said, to -- you know, based on
their knowledge of the area as well.
Smith: Yeah. Madam Chair, I think I'm specifically talking to the -- the desire to require
some reconciliation prior to phase three, but not within the next few weeks of City
Council. I don't know that there is a mechanism and if there is any -- staff can correct
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me if I'm wrong. I don't know there is a mechanism by which we can do that. Is that --
is that right?
Parsons: Well, Madam Chair, Members of the Commission, they are -- they are
phasing the project. So, again, if you want a condition on their preliminary plat you can
say prior to submittal of phase three they have the alignment of the collector road
figured out whatever that is. I don't have the wordsmith either, but we can come up with
some language if that's the desire of the Commission to do that. Like I said it could be
-- could be tomorrow. The risk that we run is keep in mind that there is a development
agreement and in the DA they don't need to subdivide the property. So, it really
becomes a plat condition, not necessarily a DA -- DA provision. Again, like I mentioned
to you, the concept plan and the DA showed it along that east -- their west boundary
stubbing to the north. But, again, it was a concept plan. There is nothing in the DA that
says thou shalt do that, other than the picture. And, again, we -- we try to give
applicants flexibility, because we know things can change as you talk with the different
agencies and understand what's occurring around development, so -- but I'm
comfortable if you -- if you like that verbiage, if you want to do that, and, again, like you
said and it's going to go to Council and Council can -- can discuss it and see whether or
not they agree with that or not and I'm sure they will -- they will watch this and will report
back to in your commission rec that this was a topic of discussion and they will probably
want to know more about it and, hopefully, the applicant will get some more information
and we can continue to work with the applicant as they transition as well, though I'm
sure they will reach out to us and say, hey, what can we do to try to get this resolved
before City Council?
Lorcher: Right.
Parsons: At least that's my -- been my experience with them.
Lorcher: Okay.
Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: I can try taking a stab at this.
Lorcher: Okay.
Smith: All right. After considering all staff, applicant and public testimony, I move to
recommend approval of File No. H-2025-0006 as presented in the staff report with the
following modifications: To modify Condition 3-D to read -- or to change the word
between subdivision and add -- to modify that from an and to an or and, then, to strike
condition 4-B and, then, lastly, to modify the second condition to -- to require the
applicant -- have alignment of the north-south collector road with staff and NMID and
ACHD prior to submittal of phase three.
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Perreault: Second.
Lorcher: It's been moved and seconded to approve File No. H-2025-0006 to City
Council with modifications mentioned. All those in favor say aye. Any opposed?
Motion carries. Thank you for your patience. We appreciate it.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Lorcher: Okay. Do we need a break or you want to keep going? We have got a few
Comprehensive Plan map and UDC text amendments. It's 8:00 o'clock. Why don't we
take five minutes and, then, we can reconvene for more of the land use applications.
Thanks.
(Recess: 8:00 p.m. to 8:08 p.m.)
9. Public Hearing for AOCI Comprehensive Plan Map Amendment (H-
2025-0029) by City of Meridian, located citywide and at 12504 W.
Amity Rd.
A. Request: Comprehensive Plan Map Amendment (CPAM) to modify
the boundaries of the Future Land Use Map (FLUM), along with a
subsequent request to Ada County to re-establish the modified
boundary of the Area of City Impact (AOCI), which includes the
removal of 38 parcels totaling approximately 507.34 acres and
adds one 5.06 acre parcel.
Lorcher: Okay. Thank you for your patience. Call the meeting back to order. The next
item on the agenda is Item No. H-2025-0029 for a comprehensive plan map
amendment to modify boundaries on the future land use map and we will begin with the
staff report.
Anderson: All right. Good evening, Madam Chair, Members of the Commission. For
the record and for those of you I haven't had the pleasure of meeting yet, my name is
Carl Anderson. I'm a long range associate planner here with the City of Meridian.
Tonight what you have before you is a request to modify the city's future --
Comprehensive Plan land use map amendment, modify the city's future land use map,
along with the city's area of city impact. I will go through that request before you tonight.
This request, after Council -- it's heard by Council will go to Ada county for the
reestablishment of the city's area of impact. Thank you. That is better? Thank you.
So, why this -- this request is before you tonight -- during the 2024 state legislative
session Idaho Code 67-6526 was amended modifying the area of city impacts criteria.
A few key highlights of that state code. Those amendments in there were -- the
requirement for areas of city impact must be within two miles for municipal city limits.
Also considerations for service planning. Some of those criteria evaluating those areas
of city impact was included in there. Those are listed in the staff report on pages ten
and 11 with review there as well. Additionally to clarify that areas of city impact fall
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under the jurisdiction of Ada county or the -- the counties that those cities or those
municipalities lie within. It also establishes that cities may have planning activities,
including comprehensive planning outside of the area of city impact. So, the change
before you tonight -- the request includes the proposal to remove 38 parcels totaling
507.34 acres, not including right of way, and the addition of one parcel total in 5.06
acres. This request is located at 12504 West Amity Road. This was recently removed
from the city of Boise area of city impact and that resolution is contained within the staff
report. This parcel would be designated as medium density residential on the city's
future land use map. Additionally the modifications would include entryway corridor
modifications accordingly. So, for those areas being removed extending through the
portions that are remaining within the area of city impact and along West Amity Road.
All noticing requirements have been met. Courtesy notices were sent to all property
owners for the parcels involved with the request. Staff did receive one phone call from
a property owner whose parcel was being removed from the city's area of impact. Staff
detailed the -- what -- what the request was involved in and answered questions. The
property owner didn't indicate whether they -- whether they were in favor, neutral or
opposed to the request. So, the map on the left is the area that's located in southwest
Meridian area of impact. This area includes 512.95 gross acres. The difference here
being areas that are right of way that are inclusive therein. The map on the right is the
area that's proposed to be added to the area of city impact. It's 507 gross acres. Again
this is inclusive of right of way. This would have the designation as shown here as
medium density residential as is consistent with the properties within Meridian city limits,
which are medium density residential on the future land use map as well. Staff is
recommending approval of H-2025-0029 to Meridian City Council is recommended.
One point of clarification just to the staff report. A little bit of a scrivener's error in the
first finding. Seventeen, it's consistent with all statutes of LUPA, all 17 statutes as
written out, followed by the 18 in parentheses. As of today it's -- it's 17. We did
evaluate all 18 in the staff report. I think it's pages 11 and 12 in the staff report. Well, it
will be 18 as of July 1, 2025, due to a recent legislative change, which adds an
additional criteria that we are required to find for in our comprehensive planning efforts.
So, next steps. This will be followed, as I mentioned earlier, with a requested to City
Council to hear -- hear the request. That would be followed by an application to Ada
county to go through their formal process to re-establish the city's area of impact. I'm
happy to stand for any questions that the Commission may have.
Lorcher: Okay. So, since the city is the applicant, we don't have an applicant to come
forward. Is there anybody -- do the Commissioners have any questions for staff at this
time? Do we have anybody signed up for public testimony?
Lomeli: Madam Chair, no one has signed up.
Lorcher: Okay. Anything else you would like to add before we close the public
hearing?
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Anderson: The only point I would like to add is the property owner of the 5.06 acres are
proposed to be added to -- to the area of impact and future land use map is present.
They may wish to speak or --just as a point of order.
Lorcher: Would the homeowner like to speak? Which -- who is the homeowner? Jack
Frans.
Lorcher: Mr. Frans, is that you? Would you like to speak at all about the -- okay.
Thank you. And he is in agreement?
Anderson: Yes, Madam Chair.
Perreault: Madam Chair?
Lorcher: Commissioner Perreault.
Perreault: Question for staff. First let me say I can't describe how far my eyes rolled
back in my head when I saw this, because I remember the many painstaking months of
Kuna and Meridian determining where their line -- where their boundary lines -- their
area of impact lines were going to be. So, my question is is -- so, now this goes back
into Ada county's comprehensive plan, into their future land use map is my
understanding. It will be removed from ours and -- and put back into theirs. So, then, in
the future it's possible that the line that was created for area of impact for Kuna and
Meridian could shift again; is that correct? And, if so, what is -- how is Kuna
approaching this?
Anderson: Yes. Thank you, Madam Chair, Commissioner Perreault. That is correct. I
believe those parcels that are here -- at least the majority do appear to be within two
miles from city of Kuna city limits. I don't know if all 38 of those in that area -- I don't
know if all 38 of those in that area are included or all 38 of those parcels proposed to be
removed from the city's area of impact are within two miles or not. I believe a good
portion of them are. It's possible that the city of Kuna could look to include them as well.
I don't have an answer as to where they are at with their process as it stands today. I
would draw your attention back to -- it's not just the two miles. Those areas would need
to be included as part of their capital improvement planning programs and so forth.
They would need to plan for services in those areas.
Lorcher: Okay. Can I get a motion to close the public hearing, please?
Smith: So moved.
Garrett: Second.
Lorcher: It's been moved and seconded to close the public hearing for Item No. 2025-
0029. All those in favor say aye. Any opposed? Motion carries.
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MOTION CARRIED: FOUR AYES. THREE ABSENT.
Lorcher: It seems very straightforward. It looks like legislature made some changes for
the impact areas that we need to comply with. I know that the City of Meridian probably
went to great lengths to incorporate it and now we are putting it back out and maybe
that will come to us again at the future, but right now we need to comply with the
legislature's request for impact areas. Any other comments about this application
before we make a motion?
Perreault: Madam Chair?
Lorcher: Commissioner Perreault.
Perreault: I just have one more question. So, as our city limits expand southward how
often is this two mile radius reassessed?
Anderson: Thank you, Madam Chair, Commissioner Perreault. State statute requires
that we reevaluate the area of city impact every five years as has been amended. I do
believe it can be amended more often. I'm going off memory. So, if there were a need
to take a look at it within a few years with conditions changed significantly, it could be
something that the city looks at in a more near time frame. And as previously stated,
just a point out on -- the city does anticipate continuing to plan for these areas outside of
the impact and its other planning efforts, it's just not as shown on the future land use
map.
Hood: Madam Chair, if I can almost reiterate what Carl said, but I think he covered it
well. I think we will monitor that and I don't expect it to be five years. I -- you know,
depending on what annexations occur over the next coming months we could look to
renegotiate it with Ada county sooner than that is the hope. Like you said, we spent
quite a bit of resources, including this area. I would like -- I'm hoping this is a temporary
thing where we comply with state code, but we come back relatively in short order and
reincorporated in our area of city impact.
Lorcher: After considering all staff, applicant and public testimony, I move to
recommend File No. H-2025-0029 as presented during the hearing of June 26, 2025,
with no modifications.
Smith: Second.
Lorcher: It's been moved and seconded to approve of the Comprehensive Plan map
amended -- amendment. All those in favor say aye. Any opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Lorcher: Carl, thank you very much.
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Anderson: Thank you.
10. Public Hearing for UDC Text Amendment (ZOA-2025-0001) by City of
Meridian Planning Division, located citywide.
A. Request: UDC Text Amendment to revise certain regulations, add
new definitions, figures, and update specific use standards
throughout Chapters 1-5 of the City's Unified Development Code
(UDC).
Lorcher: The next item on the agenda is Item No. ZOA-2025-0001 for a UDC text
amendment and we will begin with the staff report.
Parsons: Thank you, Madam Chair. Give me one moment here and I will get -- get
things pulled up here. There we go. That's -- that's better. So, again, another city
application before you this evening. This is this year's 2025 code changes. Not sure if
we will be back in front of you with other ones later in the year, but at least that is the
plan after we get these ones moving forward. But I think as the Commission knows the
city set out with a group of stakeholders and community support members and
stakeholders and groups of developers where we formulated a UDC focus group four or
five years ago, maybe six years ago and we get together once a year. The city tracks
these changes on a spreadsheet. We take suggestions from our development partners
as well and members from the community and we formulate these code changes and
city code requires that you are the recommending body and City Council is the decision
making body on code changes. This is one of the only times -- most of the other code
changes just go to City Council and they act on it and it's presented typically by that
department or legal department, but the Planning and Community Development -- the
Planning Division takes the lead on UDC code changes with those various partners. I
won't go through all of the details, but Caleb and I are actually tag teaming this or
partnering some of the -- part of this this evening. He will primarily cover flex space and
secondary dwelling units, which under the current code provisions in front of you are the
proposed changes, we are changing that to accessory dwelling, so you may see it in the
list of secondary dwelling, but it -- moving forward we hope to change that to accessory
dwellings, so it aligns with the building code. I will spend time on drive-throughs, maybe
some home occupations if you have time for it. Private streets and, then, fencing. We
also have Lacy Ooi, who is our code enforcement supervisor. She is part of that group
and she also lends a lot of valuable insight to these code changes, because she is the
one out there explaining it to the many residents that have questions when she's out
there serving violations or trying to educate the public on how our processes work. So, I
do appreciate everyone being here to support and answer any questions you may have.
Also mention to you that one change that's come about is Caleb and I were actually in
front of City Council about six weeks ago before the application was transmitted at a
workshop and we shared these code changes with them as well. That's one of their
requests that they wanted to get in front of that and look at and look at these code
changes ahead of time as well, so they could digest those as well, which I think was a
great suggestion. So, I'm sure they are eager to see what you guys do on the changes
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tonight and as this moves to City Council they will be interested in what you have to say
and I'm looking forward to that discussion with them as well. So, like I mentioned to
you, we are not going to hit on all of these. In my staff report typically when we do code
changes it's tip to tail. So, this round of code changes we started with chapter one and
we ended it with chapter five. So, there are a total of seven chapters in our unified
development code. So, we have touched -- we have touched five out of seven this time,
which is pretty typical when I come before this body and as you know usually it starts
out at a smaller code change, but by the time I get the application to you based on the
discussions that we have with all the stakeholders and the UDC focus group, it typically
morphs into something bigger, which isn't a bad thing. I think what we are presenting to
you tonight is -- I'm pretty proud of where we started -- from where it started to where
we are tonight. Feel pretty good with what we are going to be sharing with you. So, I'm
going to go ahead and kind of go through these very quickly and just go down and start
right out the gate with drive-throughs and that's something that I know we have talked
about over the last five years particularly since COVID and we have seen quite a few
drive-throughs -- mostly fast food restaurants with drive-throughs, but it's a full gamut
and I think as this body knows not all drive-throughs are created equal and so really this
particular code change was probably the one that we broke off into -- got with some
industry experts, looked at other city codes and, then, came up with a mesh of what we
felt would work well for the City of Meridian. So, as this body knows typically when
there is a drive through within 300 feet of a residence or another drive through, it's an
automatic conditional use permit. In this particular case we are trying to make drive-
throughs what we call a principally permitted use. So, less hearings and -- but having
more express standards, so that we can approve them at a staff level versus them
coming to this body. It's not that we want to take work away from you, but at the same
time we want to make things efficient as well for our applicants and make sure that we
have a solid code in place. So, this particular code change does not -- there will still be
instances where a CUP will be required. We have not removed the requirement for that
300 foot radius to a residential use. So, that will remain in place. But what's really
unique about this is -- if we do have more specific design standards, but if you here --
look at number four, if an applicant can't meet those design standards, then, they have
the ability to come to you through a conditional use process and you guys can take that
under consideration whether or not they can eliminate an escape lane or do something
different based on their operational needs and not necessarily -- or how they operate
versus on the specifics of the code. So, I think there is going to be some -- not only
greater flexibility for the city, but also for you as a recommending body on conditional
use permits -- or a decision making body on conditional use permits I should say. So, in
working with the UDC focus group we broke drive-throughs -- I know they are through --
into different categories. So, we have a tier -- tier one, a tier two, a tier three, because
we know they are not all alike and, then, there is some criteria for how they are
classified in this definition. So, that's one criteria -- or one way to get there and, then,
also we made it clear that stacking lanes have to be away from a residential district, at
least 20 feet, again, consistent with a landscape buffer required by code. We still are
keeping a stacking lane requirement in for an escape -- or, excuse me, an escape lane.
And that's something that we have recently had a discussion with the UDC focus group.
We haven't quite figured out what we want to do, get rid of it or keep it. For now we
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think there is an importance to keep it. I know City Council has some interest in that
topic as well. So, again, as we transition through the public hearing process would love
to get your insight on a requirement for an escape lane. Caleb and I talked about it
quite a bit as well and we feel like item four addresses that topic. If someone does not
want to comply with the escape lane standard they have the ability to go through a
conditional use process and have that discussion with you and see if they can explain
their operation characteristics and see if that -- if an escape lane isn't necessary. One
other portion about this code that I -- that I like about it is it does speak to a minimum
width for the drive through or the stacking lanes, which is 20 feet total. One for the
drive-through stacking lane and one for the escape lane. At a minimum it has to be 20
feet wide and, then, we do put a minimum stacking lane capacity for specific tiers. So,
again, your tier two and your tier threes are probably going to be your fast food
restaurants with ordering boards and menu boards and, then, tier three are your drive-
throughs with the dual drive-through lanes. Again a tier three could go through a staff
level approval if it met all the criteria. I know when we shared this with the Council they
asked staff if tier three would be conditional use permits and I said the way it's drafted
currently we are not proposing that in this code change. So, anyways, that's our
requirements for drive-throughs. Certainly happy to stand for questions unless you
want to hold your questions and, then, continue -- have Caleb and I go through our --
our list of high level changes with you.
Perreault: Madam Chair?
Lorcher: Yeah. Let's go subject by subject, because by the time we get to number five
we might forget number one. Commissioner Perreault.
Perreault: Thank you. I have a question about D-3. So, the way that the text is -- is
stricken it -- I'm trying to follow it. So, the stacking lane shall not be located within 20
feet of any residential district; is that correct?
Parsons: That is correct.
Perreault: That -- that number of feet isn't changing; right? It's just clarifying how it's
written here. Okay. Thank you.
Parsons: Yeah. When -- so, the change is from ten to 20. So, the strikeout -- so,
anytime we give you code changes the underlying is new and, then, the strikeout is the
current and, then, the underline is the --
Perreault: It looks like it's going from 120 feet to ten feet.
Parsons: Yeah. I can see that. Yeah. That's how -- that's how they like it when they
go ahead and make the changes. The publishers have a specific criteria that we have
to meet.
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Lorcher: Okay. Any other questions about drive-throughs at this time? Okay. Let's go
to the next subject.
Parsons: So, it looks like the next subject here is secondary dwellings, so I will go
ahead and turn it over to Mr. Hood and he can give you the background and what we
are trying to achieve with this code change.
Hood: Thanks, Bill. Madam Chair, Commissioners, thank you for having me this
evening. I will -- I will tackle ADUs as they are going to be known going forward. Not
secondary dwelling units. And maybe before I jump into some of the things that are on
the screen now, when Bill was doing his introduction he actually had some -- there is
some impacts to our definitions. I won't go through those, but, basically, we are adding
primary to a lot of them to talk about the primary structure that's on there. Typically a
single family residential dwelling unit as being the primary and, then, we are taking the
secondary language and, again, making that accessory, but it is still ancillary or
secondary to the primary. So, I will also just say before I jump into some of the more
detailed specific standards for what constitutes an ADU. There are some impacts as
well to Title 8 and like Bill mentioned at the beginning Title 11 is unique in that it has two
bodies that actually review and approve that; right? Planning and Zoning makes a
recommendation to City Council. Title 8 is not subject to that same process. However,
we have Brian McClure here who is going to run through some of the ancillary related
changes that he needs to go forward to City Council concurrently with these UDC
provisions and you are actually -- in Title 8 and 11 you are charged with looking at some
of those appeals -- when someone appeals an address or a suite number. Doesn't
happen very often, but it happens from time to time. So, we thought was a good
opportunity to bring him along to explain some of that, so when you do -- when if you do
see those in the future you have a little bit of that background information. So, again,
the definitions are largely the same. Some of that also is -- like we did with drive-
throughs even, look -- you know, we -- a lot of things in our code we are proud of, but
we didn't -- it didn't maybe originate with us. We are not -- we are not too proud to steal
from other communities. So, we are -- you know, ADUs is a pretty typical term used
throughout the country and some of the standards you are about to see are, you know,
us seeing what other communities are doing and picking and choosing the ones that are
right for Meridian, but also evaluating and saying why did they do this, what do they
have? So, with that kind of background into this I think I'm just going to start with D. A,
B and C are largely -- there is some change there, but they are not -- they are just a
definition really in what they are, that an accessory dwelling unit really does need to be
accessory to the primary dwelling unit. You need a permit to have one. D, E, and G --
the proposed -- I'm sorry -- the proposed D, E and G aren't really changing substantively
either for the most part, but they got a lot of discussion at the UDC focus group. The
owner occupancy piece of that is debated throughout the country. If I live out of state
seven months of the year, but I call this home, does that count? The dirty little secret is
we aren't, you know, checking on that too terribly much; right? At all really. If someone
complains and says, hey, I think there is two renters here, we may investigate
something like that. It is kind of on the honor system, but the intent is that an owner live
in one or the other at least the majority of the year. And, again, that's something that
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not everyone agreed on, but this is where we landed and thought best for our
community is to have some oversight of the property by an owner and either the ADU or
the primary dwelling unit. That really isn't changing though. That's -- that is our current
standard, just some -- again, some wordsmithing there to make it a little bit cleaner if
you will. And, then, on E, the location. Again nothing really is changing with location.
But there was a lot of talk about -- over the last few years, actually, about the location.
Should we give some -- I will use the word variance. It's not really a variance, but some
allowance for setbacks. Should these be able to encroach into a rear setback, closer
than your primary dwelling or a side or even a front. So, we had some conversations
about that, but at the end of the day the location needs to comply with the setbacks of
the underlying zoning district. That's where we landed as a group. That's the proposal
to you this evening. Again, that does vary throughout the country from neighborhood to
neighborhood. Sometimes you can have even in front of your primary dwelling or
encroaching in other setbacks. That's not where we landed with this. And, then, G,
parking. Again, this can be seen as a negative for communities that are looking to
install these. It takes up more area and we don't have a lot of larger lots in Meridian that
can even accommodate these. You account for setbacks, garages, everything else,
now you need a pad for your up to 900 square foot ADU and a parking pad that's a least
20 by 10. You cut a lot of the lots out of the market. You can't do one. So, we had a lot
of conversation about that, but, again, at the end of the day where we landed as a group
was we think the community character of the neighborhood is important to have on-site
parking -- not on-street parking. You can park on the street if that's allowed, but you
need to have a dedicated spot on your property for the dwelling unit. I will say,
however, though, that's a -- a combined number. So, it's number of bedrooms
combined. If you have got two in your ADU and three in the -- in the primary residence
that's five and you would need to meet whatever that requirement is. So, it's a
combined number. So, could trigger more parking if you already have a three car
garage and three parking pads you may be able to just get away with building the ADU
and still counting the parking for that, because in whole on the -- on the parcel you have
enough parking for that, so -- so, again, no real changes to those, but those were kind
of the sticking points where we had a lot -- a lot of dialogue on those things. The other
ones I think I want to highlight just relatively quickly are the proposed J and the new L.
They do need to be constructed on a foundation. We have had -- historically we have
had some issues -- questions with that and so we are clarifying that to -- to be classified
and permitted as an accessory dwelling unit it does need to be connected to utilities and
on a foundation. Part of the discussion with utilities was do they have to have their own
separate independent utilities and as you will see in what's proposed we landed on no.
So, you can use the utilities of the primary dwelling. So, trash service, electrical, water,
whatever, but you have to be hooked -- you have to be using those services. You can
get a separate service, but you don't have to have a separate service, so -- but, again, a
lot of conversation about that. And, then, again, just to kind of close this out -- and
Brian will talk a little bit more about this, but we consulted with fire code, building -- it
just overall at the end of the day made sense to give these a standalone separate
address. So, we will be addressing these going forward, assuming this -- this goes
through at City Council. So, I think those are the things I wanted to touch on regarding
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previously second -- well, still currently secondary dwelling units, proposed to be
accessory dwelling units going forward.
Lorcher: Caleb, have you -- has the city gotten a lot of requests about ADUs? I know
there was some press about it a couple years ago, maybe even less, where it was a
mobile unit. I don't know if it was RV, but it was something on the trailer. It wasn't on a
foundation and it kind of made the press a little bit, which kind of spurred the
conversation again for affordable housing here in our community. But are you getting --
as a city as a whole getting requests? Is this why we are kind of revising this portion of
our code, because we are seeing that happen more often?
Hood: Yes, Madam Chair. Certainly, the interest is peaked more over the last -- Bill
said five years for drive-through, so we will just go with that. I don't know. Over the last
recent history anyway. We are getting more and more inquiries of that. You know, the
cost of housing and some call it a crisis even. It is a lever we can pull a little bit to kind
of encourage -- again, that's where we have these conversations about location and
parking. Every time you regulate it more and more you see people out of that potential
market though. So, that is something where we struggled with quite a bit was how
much do we open this up and how much do we kind of preserve and protect
neighborhood character that's existing? So, that was kind of the push and pull. But,
yeah, there is definitely more interest. I can even just tell you, you know, anecdotally -- I
don't have a number, but monthly, if not weekly, we get inquiries about this from our
staff and we are -- we are working with these -- with these -- our residents to figure out
what we can do with the current standards and talking to them even about what's being
proposed. So, yeah, certainly more interest. It's tough, though, there is -- actually,
Brian did some research -- it's been a couple three years now. At that time we had
about 40,000 dwelling units in Meridian and I think it was around ten percent of them
could even fit one on their property.
Lorcher: Right.
Hood: And we don't know how many of that ten percent even wanted to have one. It's
a pretty small percentage. We are not going to solve the housing crisis with these
changes.
Lorcher: Okay. Thank you.
Parsons: Madam Chair, Members of the Commission, just to add a little bit to your --
your question that the city actually has a separate ADU permit now that they apply
through the building department. So, we even created a separate record so we can
keep better track of these as they go forward, because a lot of times that's kind of the
caveat with this, too, is that we are trying to align our code with building code. It's step
one. And, then, determine what do we call these? Is it really a remodel, expansion of
an existing home, versus a true ADU and that's why we have -- we have separated it
out and try to provide that clarifying language in the code that Caleb shared with you to
try to align with that. So, we know we can -- when someone asks us how many have
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we permitted, we can run a report and share that information with the community,
because we -- we are seeing more and more in these permits being submitted to the
city.
Lorcher: Commissioners, any questions about ADUs before we go to the next subject?
Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: I do have one regarding owner occupancy and it's -- it's kind of what happens --
say you are in compliance and, then, you decide you are -- the owner decides they want
to move or they are temporarily moving or something like that, are they able to still rent
out the entire property as a whole just not to two separate renters or does the ADU have
to, then, be taken down?
Hood: So, Madam Chair, Commissioner, a similar example. If I live in the home and I
am going to move away forever maybe even, but I want my kid to stay there, they don't
technically own it, but it's my kid, is that an owner occupancy if they are an heir or, you
know, by blood or they are going to inherit it eventually or those types of things? You
know, we haven't run through all of those potential scenarios. I don't think -- to qualify
as an ADU you would need to meet these qualifications. We haven't gone to the point
of, okay, you have to -- you have to deconstruct it, raze the ADU necessarily. But, in
theory, I guess, it could come to that. I don't necessarily see us being that heavy
handed, but in theory I guess yes.
Smith: Thank you.
Lorcher: Commissioner Perreault.
Perreault: Thank you, Madam Chair. My favorite subject. We have been talking about
this how many years, gentlemen? I'm very excited to see these come about, because
it's been a long long conversation. So, good job on everything. I just have a couple of
questions on wording. Under 4-312 when we are talking about the permits required
under C, it says that they shall obtain a permit prior to building, placing or maintaining
an ADU on any property. Can you give some more description on the definition of
maintaining? When does that start? When does that stop? How does that look?
Hood: I don't -- I don't know that I can actually. So, this -- this was done on all of the
UDC changes just sort of as an aside. We are done with legal present and I believe
one that Ms. Emily Kane came up with, so -- and she is not here tonight, so I hate to put
anyone else on the spot that way, but that is something that our legal staff -- certainly
the placed and constructed I get. The maintained may just be a conversion piece,
because we get -- a lot of the inquiries are actually taking a garage area or garage-like
area and converting it type of a thing. So, then, you are maintaining a living quarters
even though you may have not converted anything with permits or whatever. So,
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speculating there a little bit, but -- but that's some of I believe the intent. No way, shape
or form can someone be living -- should anyone be living there without the proper
permits.
Ooi: Could I -- could I add to that, what I would think? It's not maintaining as in
maintenance, but I would assume that if we in code enforcement was notified that
someone was already living in one that had been built, then, we would ask them to get a
permit, so it would be as maintaining the structure that was already there, as opposed to
it being placed or built, but that someone was already utilizing it and, then, we ask them
to get the permit, to make sure it goes through all of the proper channels.
Perreault: Thank you. Madam Chair, I have another question if I may.
Lorcher: Go ahead.
Perreault: Thank you. That makes sense. Thank you very much. My next question is
actually farther up on the definitions for dwelling and for townhouse or detached --
single family detached. It says that the dwelling unit is located on a separate property,
so it's a separate taxable parcel; correct? I'm wondering if-- getting technical here, but I
kind of feel like separate property is really too broad of a term. I feel like we should
narrow that down and just say, you know, separate taxable parcel or -- or separate
subdivided piece or I -- I don't know. I just -- it seems kind of generic to me.
Hood: So, I think I can respond to that. Sorry. Madam Chair, Council Woman
Perreault. You know, I appreciate the wordsmithing there a little bit. We do have
definitions for property, though, too. And even some of the ones you just put out there.
You know, you can go create a tax parcel with the county and we don't really want to go
there, because a parcel doesn't make it a legal parcel for building type of thing. And not
everything we have in Meridian is part of a subdivision either. You have section ground
land that you can do it. So, it is intentional to have property. What we don't have on the
screen is -- we do have a definition of what is a parcel, a property, a lot. So, it does -- it
does all sort of work together and tie together. Again, I appreciate you looking and even
the comments and questions and making -- let's make sure that it reads the way we
want it to and intend it to. The last comment I will just have on that is we aren't
proposing to change that. That's been the way it's read, separate property, for quite
some time, so that isn't underlined or strike through. I can verify with our -- again our
legal team again, but I believe this is the way they would prefer it read for those
reasons.
Lorcher: Okay. Any other comments about ADUs before we go to the next subject?
Okay. Thank you very much.
Hood: Okay. It looks like I'm up again, so, sorry, you are stuck with me for one more
and, first, I think I will apologize. I have done a pretty poor job of marketing these
changes to our development partners and -- and with -- with everyone else that -- that's
read it. So, hopefully, this presentation will help clarify some of that. I did discuss and
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try to explain these with -- with assistance from others. It wasn't just me, but I am the
lead on this one. We did go to the Building Contractors Association of Southwest Idaho.
Obviously, the UDC focus group and others. But there still seems to be some confusion
and even concern over the draft standard. So, we did -- we do have four letters. Some
of them came in just this -- two of them came in just this afternoon. So, I would call your
attention to those in the packet. Again, if you -- if you checked back at even at 4:00
o'clock you would have missed one of them, so -- but there are four letters. They are all
very similar and I will -- I will address those. I think the first one that I can hopefully just
put to bed early, three out of the four, I believe -- I don't think all four of them talked
about parking, but, actually, the -- at one point in time we did have a 500 square foot
parking. So, the E that Bill is just kind of hovering over, a 500 square foot parking per
and as you can see we have -- we have had a thousand, but at one point in time we did
have a version that talked about having a 500 square foot. So, I think that puts at least
the parking concern that -- that is in some of those letters to bed. This is more
consistent with a hybrid industrial commercial type of a standard for parking. I think the
other thing I want to just start off with is the definition of flex, because I think that's
where we can kind of get things confused sometimes. Flex is just a land use
designation or a land use definition when we are looking at a myriad of options that a --
that property could be and I want to just start with the definition of what it means to be a
flex space building. So, flex space is defined in the UDC as the use of a building or
portion thereof for small scale warehousing and/or light industry with associated office
and/or retail showroom space. Period. Flexibility in the use of interior spaces and low
scale attractive exterior appearance character -- characterized flex buildings. That's on
the books. We aren't proposing to change that. That's -- that's how we generally define
what a flex building is. We are -- the intent of flex buildings is in the name. We do
intend for them to offer some flexibility in how the square footage is allocated for
different uses and it is appropriate in a lot of situations. However, the ratio of
warehousing and light industry to office and retail is critical in both establishing and
maintaining business neighborhood integrity and meeting some of the city's goals for
targeted industries. Some control through minimum and maximum square footage
allowances is necessary for the stability of areas that may tend to have more retail or
office than envisioned for those that are like in industrial areas or more industrial
warehousing than envisioned in planned commercial or mixed use areas. So, the
letters really speak to it being too -- requiring too much office or retail showroom type of
a site, but could be the other way. You could have someone that wants to go in an
industrial district and really is a retailer and they are saying, hey, I want to be in this
district, because it's cheap land and let me go there. No, the flex building is to allow
some flexibility, but really where we were seeing flex buildings a lot are kind of those
tweener zones, where it's -- it's commercial or retail areas -- it's okay to have some
warehousing and we could even call you a flex building. It doesn't mean you have to be
necessarily a retailer and that's -- we had a conversation this last week as staff even
where we had some corporate offices want to come in for office equipment and they
wanted to have their corporate offices, pretty substantial retail component, as well as
some back stock warehousing for it and we talked about it. In fact, okay, they are
bringing offices and retail, do we call them flex? Do we call them retail? Do we call
them office? I mean it could be any one of them, because it's all about a third and --
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and, again, that's -- that's kind of the intent with flex is to allow some flexibility, but not to
allow industrial in commercial and just call it flex; right? If that makes sense. Or the
other way around. That's why we have a cap on the amount of retail office you can
have, because we don't want to see those retailers go in an industrial zone. So, some
flexibility. The other thing I just want to point out -- we thought we were being helpful
here as right now it requires 30 percent in all zones everywhere all the time to qualify as
flex and we are like, okay, that -- maybe we don't need as much of that like in industrial
zones. We can have those pair back. But in -- again, in commercial -- C-C, community
business district, we thought having a higher percentage of that building be allocated
for, again, nonindustrial warehousing type of uses, office, showroom, retail, whatever
made sense for that character of that zone, of that business park, of that whatever. So,
I think just within that what I wanted to say is we are definitely as staff willing to work
and understand what that business model is and their floor plan and -- and put -- you
know, fit you in a nice classification. We got to -- we got to call you something and flex
is -- is a nice one where it's -- you are doing a little bit everything and you are primarily,
you know, warehousing even, but you do have that -- that component. Other uses,
though, that I will just call out real quick that are -- that are similar and often get
confused with are wholesale sales, warehouses, light industry, food and beverage
products processing, building materials, garden equipment and supplies. Those are all
separate things that you could also do, but they are a different land use than flex. There
is a very specific, you know, definition in these standards that I will jump into here for
just a minute, so -- so, again, we -- we hear the -- the -- the industry. We understand
that. I think there is a little bit of a, you know, push and pull there of, yes, we are trying
to be flexible, but not to the extent where we just get, you know, a hundred thousand
square foot warehouse buildings in our C-C district. So, you can see the changes are
actually pretty straightforward. It wasn't rocket science. This is, again, where I think we
looked at a couple of other codes but we just said, hey, how about five percent, you
know, as you go up or down the ladder on zoning. So, it's certainly not scientific, but it
is thought out. Understand it doesn't go quite as far as -- as again some folks would like
it to go, but we think this is appropriate for our community. Again, there is not a laundry
list of changes -- two kind of changes of substance that are more -- it's adding more
flexibility to the definition of flex than currently on the books. But with that I think I will
pause for any questions or comments or discussion or whatever you want to do. That's,
essentially, where we landed on flex space.
Lorcher: So, in a flex situation if I'm a landscaper and, you know, I'm putting in
sprinklers and I'm -- to me flex has always been -- when I have been in the business
community has always been kind of -- I have always seen it synonymous as temporary,
you know, a flex -- you could be there multiple years, but I'm not buying a building
because maybe I don't know if my business model is going to work. So, what you are
telling me is if I'm a landscaper and I have a bunch of hose and I want a showroom
where I can show my cool sprinkler things. I have an office. I have a receptionist and a
little warehouse in the back holding my hoses, flex space wouldn't be for me, because
you have a separate designation specifically for landscapers?
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Hood: So, that's -- it's a very good question, Madam Chair. Potentially. It kind of
depends on your floor plan and your site; right? A lot of landscapers we actually call a
contractor's yard. It kind of depends on what you are doing and how much of the site is
used for what purpose. How much is -- you know, how much are you really retailing
versus wholesaling? How big is your warehouse? How big is your yard? How big is
your parking area? So, there is a lot of things that factor in and we -- we don't have --
well, we may have a definition for a landscape something, but basically contractor or
landscape contractor would -- may be the definition in your -- your hypothetical. Could
be flex. Could be. That's what I'm saying. There is -- there is a lot of, you know, wiggle
room or quite a bit of wiggle room, but when we let one of the qualifications to be flex,
though, is you need to have at least -- whatever percentage, depending on the zone, of
an office showroom component. If you don't have that, then, you won't -- then we got to
look for something else. We got to call you -- we -- you know, some other classification.
So, that's why we do have these standards as -- as some metric within defining a flex
building you need to have an office showroom space.
Lorcher: Okay. I guess one of the other examples I wanted to ask about was -- we are
starting to see more manufacturing of -- and retail of some food service within kind of
industrial and flex space spots. So, for example, say I have a gelato store and I want to
make it there, but I also want to have a retail component, my showroom. Is that eligible
for like a flex -- is that one of the reasons flex space is there because it's a small
business that I can no longer cottage out of my house and I want to have some more
space, but I also --
Hood: Sure.
Lorcher: -- need commercial type of thing happening?
Hood: Yeah. Madam Chair, it -- it may be eligible. It may not even be the best fit for
you. Again, depending on what you -- you know, if you really think that your retail side
of that is going to be successful and you are setting aside a good chunk, but you are still
just making your ice cream or gelato or whatever you said in the back --
Lorcher: Uh-huh.
Hood: -- it may be better to call you a restaurant, you know, for Central District Health
purposes. You may want to be classified as something else. So, we factor all those
things in. But, again, I think some of the genesis of flex was more to your point of a ma
and pa wanting to do the next step and kind of have a dedicated space where they
could still mess with wood or do whatever and it is -- and that's why we don't have a
square footage on small scale, but that's in the definition. I mean it isn't -- it is meant for
-- maybe I have a couple roll-up doors, you know, but -- but -- but it is a smaller space,
however you want to kind of define that. It's not 20 roll up doors with docks and
everything. That's not -- that's not flex; right? I mean unless the building's huge. We
wouldn't -- I don't think you would qualify for that. So, that's where I -- I kind of want to
just -- the definition and what we are trying to do, that's going to be warehousing or
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distribution. That's primarily what you are doing, so -- now, if you added some
corporate offices to that now we can talk flex potentially, but even that square footage,
though, small scale.
Lorcher: Right. Okay. Any other questions on flex space before we move to the next
subject? Okay. Thank you very much.
Parsons: Next item I just want to quickly touch on. I know it wasn't part of the four that I
talked about, was just because we are on specific use standards, is home occupation.
So, I think the Commission is aware you can operate a business from your home if you
meet a certain criteria. Well, we are broadening that a little bit this time, this round of
code changes. So, essentially, we have some residents in Meridian that like have an
outdoor swim pool -- swimming pools and they like to do outdoor lesson -- swim lessons
from their home and currently the way the code is written they are not allowed. You are
not allowed to have any outdoor activity associated with a home occupation and this
went before City Council and City Council directed staff to come up with code changes
to allow that type of use. So, really, that's what this is achieving -- attempting to do.
Again, this was shared with the Council back last year when I did the last round of code
changes. So, we have added that as an allowed use for outdoor swim lessons for six or
fewer students and, then, the other important portion of that is the fact that, again, it's
only -- it's capped at a certain time of year. Obviously you can't swim in an outdoor
swimming pool unless it's well heated throughout the whole year. So, there is a perm --
a limit. They don't need to renew their permit every year, just their approved home
occupation permit would allow them to operate between those months.
Lorcher: Okay. Very good.
Parsons: But pretty straightforward.
Lorcher: Any questions about that?
Smith: Madam Chair? Madam Chair?
Simison: Commissioner Smith.
Smith: Just curiosity. Why swimming specifically? And is there any discussion -- I
mean say I'm the basketball coach. I have a hoop in my backyard or something. Is -- is
there a reason swimming specifically came up and that's considered?
Parsons: Yes. And that was the discussion that we had with -- with Council when we
were hesitant to change the code, because, again, if it weren't so specific we could end
up with someone having a batting cage in their backyard and you are hearing people
hitting baseballs throughout the day and basketball court and all of those things, so --
again, like Caleb says, like the home occupations -- or the accessory use permits we
are trying to maintain neighborhood character and we feel like if this is a limited amount
of children or a very specific purpose, that that does that. Not saying you won't have
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noise associated with it, but the other part of that is we would allow in-home daycares
with six or fewer. So, even if kids are playing in the backyard that's kind of how we
found the nexus with allowing the swim lessons versus a daycare use and that's why
the six or fewer aligns with also the daycare standards.
Hood: Madam Chair? If I can just add one more thing that I recall from last year is
there are some swimming pools, but not a whole lot in Meridian, and a need for swim
lessons. So, there was a niche there that some could serve. Basketball courts are a
little more prevalent and you can go hold that at a park or whatever, but with only having
a couple of public swim pools and those types of things, it was like we want kids to learn
how to swim and if we can even to some degree encourage them, still have
neighborhood character, but this was one of those lessons types of things where we
have a safety thing and for people that have backyard pools and are willing to do some
lessons -- anyways that was part of the conversation, too.
Smith: Thank you.
Lorcher: Yeah. I wish I had it 20 years ago, because I had to take my kids to Boise,
because the only other option was Meridian pool back in the day and they were booked
up. So, I could only imagine with our increase in population having that flexibility --
especially with subdivisions having pools -- having these kids have lessons is a good
move overall for safety. Okay. So, home occupation. Any other questions before we
move to the next subject? Bill, what do you got?
Parsons: We have fences. So, again, this is a joint effort between planning and code
and legal. As Caleb mentioned, we have -- as we can attest over the last couple of
years we have gotten some interesting fencing showing up in our community and so this
is our attempt at what we call -- this is something unusual that I haven't done, but it's
called repeal and replace. So, rather than giving you a bunch of strike through
underlined text to read through, this is actually going to repeal the existing fence code
and replace it with the new code. So, it's just a way that's allowed under the law -- the
state statutes that we can effectively modify the code without strike through, underlining
format by introducing a new code. This essentially takes a lot of the existing code that
we currently have in place. It reorders it, restructures it, with some additional
wordsmithing from code enforcement and our legal department. But it also takes it one
step further where it allows somebody to do some decorative features in their backyard.
Currently the way the code -- fence code is written and where people have found
loopholes in the fence code is they may put up a fence -- put up trellises and, then, they
-- eight foot trellis in the side yard and they think it's a decorative feature and they put
vegetation on it and they don't understand that that can be construed as an extension of
their fence. Or you have probably -- we have had code enforcement cases where
someone's put lattice on the top of their existing fence or another lattice adjacent to it,
so they can raise the height of the fence. And, again, just because it may not be
attached or even if it is or adjacent it's still considered an extension of the fence and
currently in the residential district you can't exceed six feet in height and that's where we
see a lot of these issues coming up for us is -- so, this code tries to do that. Again, we
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-- we thread that needle to say six foot fence is allowed and if you do these things it's
something else -- or it's allowed if it's a decorative feature and we put parameters on
that. The other part of the fence code is just updating our graphics. So, I wanted to
share this with you. So, a lot of times residents come to us and they want to know what
type of fencing they can put on their property. So, we do have graphics in the fence
code -- in the code currently. This was just a way that we could modernize that moving
forward and share all the different scenarios someone could face with a -- go to erect a
fence on their property. I would mention to the Commission that we are going to tweak
this a little bit. Currently on some of the graphics here the way the code is currently
being presented to you tonight there is a requirement for a 45 degree angle when a side
yard fence abuts the front yard of an adjacent property. The code doesn't explain
whether it needs to be 45 with a six foot fence or it just says a fence. It has to go in at
45. So, we feel like there is an opportunity that we should probably clarify that language
in the fence code that says six foot fence needs to be 40 -- six foot solid needs to be a
45 degree for visibility, but if it was a three or four foot -- three foot solid or four foot
open vision fence that it would be allowed to run along the property line. So, we will --
we will get that clarified and update that graphic, but at least wanted to share that with
you and -- and point it out in code because I did have a chance to look at that before I
came to the hearing tonight and that's this number five here in front of you. You can
see here it just says fence. So, we will -- we will put some -- some sideboards on that
and, then, update that figure as well. The other piece that's a little bit different than
currently in code -- and we have been dealing with this issue is currently the fence code
-- fence for -- so, when someone goes to construct fencing on their property they -- we
measure the fence setback from property line. Not sidewalk. So, that causes some
issues, too. And, then, what compounds it even more is if you have a corner property
the code says your fence has to be in ten feet from the property line, so you never get to
truly use your side yard, because your fencing is ten feet in and so, then, neighbors are
walking their dogs in the evening or you buy this corner lot thinking you have this great
side yard and you find out you can't use it and, then, people are putting up fences in the
wrong spot and, then, we are going to have -- we are going out there knocking on their
doors telling them to tear the fencing down. So, this particular code gives greater
flexibility to that standard. So, in this particular case what you can see here -- if there is
a detached sidewalk adjacent to the street, then, we are going to allow the homeowner
to put their fence two feet from the sidewalk, so rather than ten and we are going to
define the setback from the sidewalk and not the property line. Unless there is no
sidewalk, then, property line would still apply. But most of the residential subdivisions
there are sidewalks, either attached or detached and so if there is an attached sidewalk
the graphic down here below says you can go up to five feet. So, we are giving them
five additional feet and the reason why we landed on that is, one, if it's two feet from the
sidewalk it allows someone to get a lawnmower between the fence and the sidewalk.
Or also if you are walking in the evening or biking, you know, you have some elbow
room there and you don't have to worry about hitting the fence or doing damage to
somebody's property. It just gives a little bit more space and that allows some more
comfort to that pedestrian or bicyclist on the sidewalk. But really those are the draft
changes. I know Lacy has a lot more history with fence code issues, but I think we were
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able to get on the same page with these changes and they feel pretty good that it's
going to be -- hopefully easier enforcement on their end to explain those standards.
Lorcher: Okay. Any questions on fencing?
Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: One question on the definition. It looks like there is -- some of the language just
struck that specifies as manufactured materials. Would that make, for example,
vegetation -- say shrubbery or hedges, fence, and, if so, is that the intention?
Parsons: Madam Chair, Members of the Commission, we are -- we do not regulate
landscaping on buildable lots. So that's still in play. So, you are right, just because we
are trying to maintain visibility at a -- from people backing out of their driveways or --
they still can put up multiple shrubs there and block those open vision fencing. But,
again, the city code does not require landscaping on buildable lots, only common lots.
Smith; Thank you.
Hood: If I can maybe just add to that a little bit though. So, what Bill said is correct, but
manufactured, faux -- that was some of the issue and I'm getting into Lacy's business a
little bit, but we are getting some pretty creative folks. That's not a fence that's on a
screen. That's not a wall. So, that -- that is a lot of what the intent is of the definitions is
to clarify. You can't put up a blue tarp and say that that's okay, that it is a fence or isn't
a fence, so we went back and forth a lot on what that -- what defines a fence or a
screen or a wall and those types of things. So, yeah, I probably shouldn't even said
anything, but that is -- that is something we saw quite a bit was -- was some of the
manufactured ivy type of things. We wouldn't regulate it if it were living, but when it's a
manufactured material -- depending on where it's placed, it can constitute fencing
material, because it's screening potentially.
Lorcher: Commissioner Perreault.
Perreault: Are we seeing a lot of this issue with line of sight problems, like around
corners? Obviously, if you have a four foot fence at a 45 degree angle and somebody
puts up an eight foot arborvitae you have just lost your line of sight. You know, that that
45 degree angle is useless at that point. So, is that kind of what we are trying to
prohibit?
Hood: So, I will maybe give the first stab at that and feel free to jump in. That wasn't
the nexus necessarily for some of these changes, but that has been a concern that's
been brought up, particularly in some of these corner lots on a side yard where they are
bringing a six foot fence up and now someone's driveway is only five feet off of that.
Backing out of your driveway you can't see around the fence to see if any car is coming
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to back out. So, yes, that was thought about and is a result of some of these changes.
It's not necessarily why we are making the changes though.
Lorcher: Okay. Next subject.
Parsons: Well, the last topic on -- for my portion of the presentation, then, we can
certainly open it up to questions or even public comments as this is a public hearing, is
private streets.
Lorcher: Private Streets.
Parsons: Yes. And this -- this one actually wasn't even on our radar, but we met with
some of our UDC focus group members and they had expressed a need to change or
modify this section of our code and like Caleb said to you on his portion with the
accessory dwelling units, this was one that got a lot of feedback and a lot of
conversation around it, because as we know, you know, for longevity public streets are
better than private streets; right? For maintenance. We all pay that. There is taxes.
There is a way to maintain the road. Where we were hesitant with private streets on --
from a city's perspective is the cost and maintenance of those over time. But, again,
staff was willing to open the door -- crack the door open a little bit and allow some more
flexibility to use private streets, particularly if it's in-fill or a planned unit development,
because that's really where, again, if you are going to -- in-fill as you know can be very
tricky. There may be enclaves in the city where there is no street stub to it or it may --
may not necessitate a public street or the cross-section of a public street's too wide and
it doesn't make it feasible to do an in-fill project, because you have taken up the
property with a roadway similar to the discussion we had earlier this evening. So, we
have got to be able to have some flexibility in the code to allow certain -- these in certain
instances. So, currently the way the code is written is you can do -- it's discouraged to
do private streets, unless it's a MEW or gated development. That's how it's written.
Doesn't say you can't do it. It just says if you are going to do it and if we are going to
entertain it, we may be supportive if it's -- you have those two options. If it's commercial
or multi-family, we -- we typically would require private street for addressing purposes,
because of the size of the development we want to make sure it's for emergency
services. A lot of those provisions are staying in place with this code change. It -- but
we realize there are some -- some holes or some gaps that we need to fill or leap at
least make it a little bit more flexible. So, this code doesn't say you can't do a MEW or
gate it, we just took it out that it's not that. That's not the only purpose for it. And, then,
again, it's one of those where we looked at other code sections like we typically do, we
don't reinvent code, we look and see what other communities are doing in the area and
so some of this wordsmith was from those code sections and, then, going back and
forth with the UDC focus group. So, again, I can see this tool being used more for in-fill,
gated communities still and possibly commercial developments where maybe Ada
county or the fire department or emergency services need something named for
addressing purposes to get -- for public safety. That's really how this tool is meant to
use and I think that will continue to be the case. The other portion of this is trying to
have standards that what applies to a residential development versus a commercial
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development and trying to separate those two things out as well. So, currently the way
the standards are drafted, again, residential you are going to have your own design
standards that you have to meet and, then, in commercial it can happen a couple
different ways. One we can get the private streets with the multi-family development or
commercial development and it could be just a commercial drive aisle or in some cases
I have been part of where someone may not have access to a street, but they want to
name their -- an existing drive aisle with -- name it a private street and, then, convert
that to a private street, so that they can get a physical address for their business,
because they are off the beaten path and they can't -- they are not seen from the street,
so they want to make sure there is a street sign where people can get to them and so
this code does that. It allows the process to get it with a gated community and in-fill a
PUD or with a multi-family development, commercial development and, then, also
rename existing or convert existing drive aisles to private streets or basically name them
for emergency services purposes. Other than that it's pretty straightforward. I know
Council had some reservations with opening the crack a little bit wider just because of,
again, cost of maintenance to those doing that. I don't -- I don't see that being much of
a burden for multi-family development and commercial, because, again, it's probably
these smaller in-fills and how do they tackle that, but, again, that's CC&Rs and dues
and we haven't seen a lot of it, to be honest with you. Most of the time people just do
common driveways and do the four lots and they move on. But, again, we will shape --
we will see how this shapes -- shakes out, see what Council wants to do with it, but
certainly happy to answer any questions about this topic.
Lorcher: I know this Commission has not been a fan of the private streets in
subdivisions, because of just the congestion of utilities where you -- you allow four
houses on this little spur and the last guy, you know, has to walk -- or, you know,
emergency services or utility services, you know, can't get in there without having to
back up for garbage or any other kind of types of things. So, it looks like that that -- or
allowed use will continue, but, you know, it seems to me when you are dealing with a
blank slate and creating a subdivision and you are allowed to have these private streets
or these, you know, off-- offsets, it's like you don't -- you shouldn't have to, because you
have got a blank slate to be able to do it. But I'm not sure -- you know, we don't see
how the neighbors all react years later to those types of things. But we will see what
City Council has to say. What -- any other comments from Commission in regard to
private streets? Okay. Was that our last subject?
Parsons: That's the last item that I wanted to touch on. So, if you want to open it up to
public testimony you certainly can.
Lorcher: Okay. Commissioners, do we have any questions from Bill or Caleb before
we open public testimony? Okay. Do -- Madam Clerk, do we have anybody scheduled
to testify?
Lomeli: Thank you, Madam Chair. We have Will Goode.
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Lorcher: Hi. If you could just state your name and address for the record that would be
great.
Goode: Yes. Will Goode with Adler Industrial, 8665 West Emerald Street in Boise,
Idaho. Madam Chair, Commissioners, Council Woman Perreault, congrats. I didn't
know you were on Council, but that's been a whole bunch of times tonight people have
called you Council Woman, so -- thank you guys for staying so late. Thank you for -- to
staff for being open to feedback from the development community on -- on these code
updates. For the most part I'm supportive of everything. There is just one item and --
with flex use that -- that I wanted to touch on and where this really matters is in mixed
employment and the edge of C-G zones where you are up against other industrial and
appreciate, Caleb, your definition -- the definition you gave of -- of what flex use is. I
guess how we view it -- and Adler Industrial, we are the largest industrial developer in
the valley. We own 20 plus buildings in Meridian and we have got five more under
construction right now. How we view flex industrial is -- is exactly like you described it,
Madam Chair. It is -- it is -- tends to be small industrial users, often with a -- some sort
of a public facing retail component that they want to be able to -- they make cabinets
and they want to be able to sell their cabinets in the front and, then, actually distribute
out of the back or stone -- we find a lot of the demand is around building materials or
construction supply type uses, where they want a public facing component, but they
also need some warehouse and distribution in the back. So, to give you our perspective
on this I wanted to compare two developments. We recently -- or just about to finish
two flex concrete tilt buildings on the north side of Ten Mile Crossing. They are just
south of the Tesla building and these two 36,000 square foot buildings are designed to
demise down to six to 12 thousand square foot spaces, which is a small industrial user.
That's like, you know, you have grown out of your garage in your house and you want
6,000 square feet, you are going next level. Those buildings are just about complete
and we have zero leases signed. We have tons of interest. I will tell you why we have
no leases signed in a little while. Comparing that with a building we have in Boise,
similar building, designed for six to 12 thousand square foot users, we just finished the
shell there and it's 60 percent leased and those last two spaces are probably going to
be leased in the next -- next 60 days. We have agreed otherwise on both of them. The
difference is we get more inquiries on the Meridian buildings and, then, we tell them that
to be able to -- to go on this -- in this location you have to do 30 percent office and that
drives up their lease rate to a point where they can't afford it anymore and they say, oh,
I love the location, I can't go here, but what else do you have? And you either have to
do 30 percent lease rate or apply for a conditional use permit to be able to qualify as
warehouse. So, that's why this is near and dear to our hearts. Because I understand
that we are -- we don't want warehouse in the mixed employment or the C-G zones.
Their house is three to seven percent office. So, we are -- we are well above
warehouse, but I do think that -- I don't think anyone here just wants vacant buildings
that can't be leased, because they are not actually meeting a need in the market and
that's right now kind of what we have. This flex use is overly strict. It's moving in the
right direction and I appreciate that. In the letter we sent -- I'm sorry I'm taking too much
time here. The letter we sent we proposed 15 percent office and showroom in the
mixed employment zone and, then, 20 percent in the C-G zone as you step from, you
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know, commercial to mixed employment to industrial, which is what really that mixed
employment zone is designed for and I got a little -- little bit overly excited with data and
graphs in my -- in what I presented just based on our portfolio, but that would at least
allow us to appeal to, you know, half -- 50 percent plus of flex tenants that are out there
and, hopefully, get these buildings leased up. So, thank you. Sorry I took too much
time.
Lorcher: Thank you.
Lomeli: Madam Chair, no one else has signed up.
Lorcher: Anybody else in Chambers?
Wardle: Madam Chair, Commission Members, Mike Wardle, Brighton Corporation.
2929 West Navigator, Meridian. 83642. Our particular interest really is on the private
street standards and as Bill noted it wasn't on the staff's radar particularly, but we found
through our age qualified projects and some in-fill that we have been doing that there
has been some challenges with the way that the -- the code -- sometimes it's
interpretation, but still there were some issues that we brought forward to staff and,
then, over the course of many months there has been a lot of participation with the staff,
as well as other community members on these, standards along with the others that
they brought forward. So, through that participation we are pleased with the outcome
that is before you and we encourage your recommendation for the plan -- of the
planning commission to recommend approval to the City Council and I would just note
one item. We are talking private streets, not common driveways, which was your
concern, Madam Chair. But I would also note -- and it's been a standard before, but it's
reiterated in the proposed new standards that staff has recommended. It's three -- 3F-
4A-8, says comply with the ACHD structural standards for streets as shown on design
and construction documents prepared and certified by a registered professional
engineer and in all of our projects that we have done -- and you are probably
acquainted with our Cadence product. We have three communities in place and
another that will be in front of you soon. We have always designed those and
constructed those to ACHD standards as though it was going to be their street period.
We have never done anything less than that. So, we support what staff has brought
forth and presented to you and encourage you to pass on that affirmative
recommendation.
Lorcher: All right. Thank you very much.
Wardle: Thank you.
Lorcher: Anybody else in Chambers? Hi. If you could state your name and address for
the record that be great.
LeClaire: My name is Tom LeClaire. I live at 1923 East Pratt in Meridian and I'm a
member of the Meridian Transportation Commission.
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Lorcher: Okay.
LeClaire: We -- we received a transmission from ACHD in May and it was a drive-
through business. You probably saw it, too. But they -- the ACHD required them to
attach a queuing analysis with engineering stamp and -- and they asked our group if-- if
the city was planning to set standards for drive-through businesses and we were told
the UDC group is working on it. So, as I read through these, though, I don't -- and I
don't know if it needs to say that, but it might be something to think about. Is if our
standard is not met should there be some kind of language referring to a queuing
analysis may be required by ACHD, where the -- it just -- there is -- there is a -- they
want us to have a standard and yet they are really the ones that would implement such
a standard and so I guess that's the concern I have about this is is there a gap in there
between what the city is going to require and what ACHD may do based on what we
require and so that's just some feedback to this process and I didn't want to -- I don't
know how I would vote if I was in your shoes, honestly, but it gives me some pause to
wonder does the city need these standards? Is this something ACHD is going to do on
a case-by-case basis anyway? And so those are some thoughts and maybe staff can --
can provide thoughts to those questions. So, that's all I had and I just wanted to share
those concerns with your group and wish you well in considering this ordinance.
Lorcher: All right. Thank you very much.
Parsons: Madam Chair, Members of the Commission --
Lorcher: Madam Clerk, is that it for public testimony including online?
Lomeli: Yes, Madam Chair, that is it.
Lorcher: Okay. We have some comments from you?
Parsons: Yeah. I'm happy to address the public testimony that we got, because it -- it
was a topic of discussion with the UDC focus group and we did the same thing. We
went -- I'm sure you had ACHD staff come and say, yep, we require it, but it's not all the
time or it's only in certain circumstances. So, they couldn't tell you when it was required
or when it wasn't and so my experience in working with the UDC focus group and the
industry experts that does drive-throughs throughout the country, we landed on saying
provide a queuing exhibit like you see in number seven. Certainly I am not a queuing
analysis expert or transportation expert, but I know that I have seen a few queuing
analysises -- wow, that's a mouthful -- and the reason why it was required by ACHD was
because they were concerned it was going -- the vehicles were going to stack on the
adjacent roadways -- the public right of way. So, they use their professional judgment
and, then, say, yeah, we need you to provide this to make sure it shows how it works,
just like a traffic study. So, we couldn't really come up with a standard to say when a
queuing analysis would be required and when it wouldn't be and so the gentleman and I
that crafted this language we agreed that that queuing exhibit made a lot more sense,
because, then, you can see the number of vehicles that can fit in those stacking lanes
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and determine whether or not it can meet the requirements and you can -- then I took it
one step further and said, well, we are not going to allow you to count Toyota Priuses as
your length, we are going to require minimum vehicle length and that's where I came up
with 20 feet. So, if you go up above it says for tier -- for stacking lanes we are looking at
tier two or number six there, it says six vehicles for tier two. So, you are looking at a
minimum of two drive-through stacking lanes at 240 feet. Again, that won't address the
In-N-Outs of the world or the Chick-fil-As at busy times, but it will allow a lot of stacking
to occur on the property more than what you would see at a -- and that's why we put
some thought into breaking them out into the tier one, tier two, tier three, because we
know not all of them are alike. So, again, this -- this took some of what I learned from
my experiences looking at other code and, then, making it work for Meridian and so this
does go above and beyond some of the codes that I have seen out there as well. So, I
-- I don't -- I won't profess that it's perfect. I think ACHD will still have that right to ask
for that queuing analysis on a case by case basis and, again, the city does transmit its
applications to them, so, whether it's in front of you or us transmitting it to them through
our certificate and zoning compliance process, they get a copy of the application and
have access to the plans and if they want those -- ask for that information the applicant
will work with ACHD and provide that information as part of the application.
Lorcher: Well, I also like the fact that if they don't fit into tier one, tier two or tier three
and if it is, you know, a completely different animal compared to what fits in those three
categories, they still have the ability to come to Council to have a conditional use permit
and variances. So, you are right, it may not check all the boxes, but at least there is
three standard mechanisms and also a flexible mechanism in place to be able to
accommodate whatever kind of growth might come next and I would imagine with any
kind of UDC text amendment if it's not working for the city we could also amend again
as our city continues to change and grow so -- okay. Any other comments in regard to
-- well, Mr. Wardle complimented the private streets. So, I think we have kind of hit the
-- hit the mark on that one. Any other comments in regard to flex use?
Garrett: Yeah. I'm a big believer in having more flexibility in that area, now the
definition, as opposed to less. Hearing from the industry I think that that gives us a
handle on some of that, as opposed to -- I have no idea what, who and why somebody
would occupy a building like that, but, obviously, the builders know far better than we
do. So, having a little more flexibility in the definition I think would help.
Lorcher: So, would you support less than 30 percent showroom space and -- as far as
what -- what the city is asking for right now as far as the percentages of use?
Garrett: Yes.
Lorcher: Okay.
Garrett: Just because I think that gives -- gives the developer a little more opportunity
and, of course, the more buildings get occupied the more tax base for the city.
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Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: I guess where I stand on that it's -- it's a question of, you know, we heard about,
you know, warehouse space -- office space is maybe up to seven percent. I guess my
question, then, is what about that gap of seven to -- seven to 20 percent -- seven to 25,
something to -- yeah. Twenty-nine. Under the existing code. I think -- I think in the
letter the request was for ten percent. I don't know that it was necessarily even for that
-- for that small of a gap, but I'm curious of say here at 12 percent office space where
does that land you? Does that still keep you in warehouse? And is there at least a
space for that?
Hood: So, Madam Chair, I'm not -- I'm not sure that I can totally answer that question
without having like a specific plan in front of me. I will just try to answer it a little bit, but
on the fringes. Just back to my comment about -- we want -- we want flexibility, too.
We are not trying to be so rigid and strict in some of these things. But, again, in the
commercial districts -- even the C-G zones that are on the fringe and may be bought up,
trying to protect some of those jobs even, it's not -- it's not just even about the tax base,
it's about the jobs that we may be losing out on if the square footage -- the proportion of
jobs to, you know, in a retailer square foot versus a warehouse square foot is less and
so there is -- there is some of those components that even play into this. But I guess
my comment was going to be to somewhat answer your question. Flexibility -- even
things like the lavatories and hallways and things like that, like we are usually pretty
generous in counting those towards your non-warehouse square footages. Building
Code comes into play at some point, too, and what type of occupancy you need as well.
So, it's -- it's a little more complex than seven or 12 percent. It kind of depends on how
things are demised and separated and the type of occupancy you need in some -- some
areas. So, this is pretty high level planning code. Building Code comes into play at
some point, too. And, yeah, I'm sorry, I just -- I can't fully answer that.
Smith: That's fine. I guess my question is is there -- you know, regardless of the
specific use or specific plan or what the -- what is constituted -- as non-warehouse use,
if I am in that gap, you know, I guess what is -- what is the -- the plan? It sounds like
from some of the public testimony that really the answer is CUP. But is -- is that,
basically, the only output if you are in that gap between that seven for warehouse and --
and 30 for -- for flex, that seems like a big space and so I guess I'm just curious what is
the -- what is the way that they can have some non-super burdensome --
Hood: A CUP may be the way -- and I will just say it, a CUP is not super burdensome.
It is -- it is a process and it does take some time and some money and some expense.
I'm not trying to totally downplay that. But in a situation like that that may be
appropriate. I mean having to go through a public hearing for something that's marginal
at best, in my opinion, may be the best way forward. At least you get your day in court;
right? You can make a case for it at least. Again, I think there is a lot that goes into
that. So, depending on what the -- these -- these gap projects or gap scenarios or
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whatever you want to call them, I would really like to see if we can get there. So, again,
what does the building even look like? You know, how can we -- how can we work with
developers on some of these things to make it fit? That's really what it is about, about fit
here. It's not even -- to me -- it's not so much about the percentage of the floor space,
it's what are you doing in the building? The example I mentioned before -- they have
corporate offices, but it's not as big as their retail or their -- we could call them whatever
-- they had options; right? We could call them offices. We could call them retail. We
could call them flex. What's in their best interest? What's in the city's best interest?
How does the building fit on the property in that specific situation? Yes, there is some
code. The flex space is really meant to have a caveat to say, okay, to differentiate you
from a warehouse you need to have some of this or else you are just a warehouse. If
you are seven percent, sorry, you're a warehouse. You know, that's kind of where I'm
at. Like even eight percent I'm like that's a pretty small percentage. If there is another
number -- I mean, again, I'm open to some of that, but that's what we are trying to
protect against again. So, I do appreciate -- I will just say -- well, that, you know,
everyone stayed this late and for the comments and the letters and the feedback. So,
do appreciate that. But I -- it could be tough. We will work with them at the end of the
day it may be a CUP. It may be no. It may be, yeah, you got to go to another
community, quite honestly. Again, we are trying to protect some jobs, the integrity of
the future buildings potentially.
Lorcher: Previous to this revision in regard to flex space with the percentages of 30
percent being front of the house and the rest being back of the house, is that always
been the consistent number or was it higher before in flex space?
Hood: Bill might be able to -- I'm not aware of us changing it ever. I think this has been
the standard.
Lorcher: So, 30 percent has been our standard in our city for quite a while. So, there is
really no change there.
Hood: Again, we thought -- I thought I was being helpful in opening it up a little bit more
to say, okay, yeah, let's have a lesser percent in some of these other zones. It's just
been 30 percent in all zones to qualify as flex.
Lorcher: Got you.
Hood: We are like okay.
Lorcher: And so there is really is no -- no change in that language at all. But the
develop -- I mean I understand from a developer standpoint or owner like Adler, who
wants to be able to create more marketing opportunities to be able to sell their space by
saying you don't have to have 30 percent, maybe it's 20 percent front of the house and,
then, you know, whatever else is -- and you still can be in that flex space. But what you
are telling me is that 30 percent has been the standard for quite a while. That part
hasn't changed.
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Hood: Absolutely. For quite a while. I don't know -- I'm not going to say 20 years, but
as far as I know it's been --
Lorcher: Quite a while.
Hood: -- years. I don't remember us changing it.
Lorcher: Okay.
Parsons: Madam Chair, Members of the Commission, it's funny you bring that up,
because Adler -- although it wasn't Adler at the time was at the table when we came up
with the flex space standards. We worked with Brad Miller. He sat on there and I know
even at that time he thought 30 was high. But, again, as Caleb mentioned, the -- it
really is a quasi-industrial use. So, you are -- we are skirting that -- that line between a
commercial versus industrial and it's -- that's why we call it flex space. I don't think
Boise even has a flex space definition in their code if I'm not -- so they just like, yeah, if
it's allowed in the district you kind of go in there and you are this use. So, although I
think we -- we are trying to create flexibility here, it's -- sometimes it does confuse our
applicants as to what that really means and that's -- I think Caleb is trying to do his best
-- or staff is trying to do our best to say we -- we want to be flexible. We hear you, but at
the same time we don't want to go so far that now we have created an industrial use in
a -- in a C-G zone or a commercial district. It really -- for staff -- or at least my
experience in planning -- current planning is everything -- everything we do is about
compatibility. The context. What is developed around it. The example Will gave with
the Ten Mile Crossing property, he is part of a large mixed use commercial
development. His buildings blend in. So, to me in that situation if code were different I
would say I am good with something more industrial in nature, because it was part of --
it's store -- it's around storage. It blends in. It's part of that. It's -- it could fit in that
situation. But, like you said, if this was a flex space next to a residential district or an in-
fill piece maybe it didn't. It doesn't work. So, to me I think what we can do -- at least if
-- if you guys want to change the standards or recommend a change that's certainly
within your purview tonight to have Council take that into consideration. But I would like
the opportunity to maybe work as we transition to City Council on getting with these
industry experts and maybe coming up -- not necessarily a CUP, but maybe coming up
with a standard that allows the director to deviate a certain percentage when somebody
can demonstrate that it fits in with the character -- or I don't know what that threshold is.
I'm just talking, spitballing ideas. But some codes out there do give the director latitude
to make those determinations to say, hey, we are willing to let you do 20 percent in the
C-G zone if you can demonstrate these things or the 15 percent in the I-L. Give you
that five percent deviation in the office if you can show us how you maintain the jobs or
whatever -- whatever the threshold may be through how the business operates,
because to me that's -- that's -- like Caleb said, there is so many variables to this --
Lorcher: Right.
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Parsons: -- I can't sit here and say -- give you the perfect scenario. It's just -- it's
impossible, because everything we do it comes down to definitions and how we
interpret the code and what that end use can be. Like Caleb says, we have a lot of
flexibility, we just have to find where you best fit.
Lorcher: Yeah. One of the things I appreciate about this Commission and this process
with the city -- with Planning and Zoning being the first step and, then, City Council
being the second step is that each application is addressed on its own merit by itself
and that the city -- like what you have told us when we were trained, we want this
Commission to say yes, because the planners have done everything that we can to be
able to make that box fit into that space, but as our city grows and there is pockets,
there is going to be, you know, always certain circumstances and what you are
suggesting here for this UDC text amendment is the beginning of the discussion, the
baseline of the conversation; right? And, then, like you said, maybe having the director
or even through the CUP process, having that flexibility. It's like, you know, it does fit,
but, you know, this is -- this is our goal, but in your case, because you are right next to
FedEx, you know, maybe this warehousing does comply with only 15 percent front and,
then, you know, the rest of the back, because we treat each application individually. But
I also understand that as a city we have to have a code and a standard and a place to
start, a minimum, and that's where the variances come in. So, as we go through this
process with the City Council and it would be interesting to see what they say as far as
flex space, maybe there is some language in there saying 30 percent is the standard
and, you know, with a little asterisk on occasion open for, you know, discussion type of
thing. But the standard needs to be written, so --
Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: I just -- I want to -- first off I want to thank you. I think we are asking a lot of
questions tonight, which the answer is it depends. I think it's probably -- in lawyer -- for
lawyers and city staff as far as I understand are probably the most common words. But
I think that's kind of where my head's at. I guess I don't know how this comports with
the rest of code, but I wonder if there is some way to also -- yeah. In this -- the same
way that there is the drive-throughs, there is kind of here is the standard and if not it
specifies in the code it's a CUP and I think maybe some of the question marks that --
that I have and maybe some applicants have is that the -- the alternative or the -- the
alternative way to gain compliance is unclear. So, I think having that kind of direct --
you know, director level decision maybe in the code or even a CUP as an outlet in the
code can be helpful, because I also look at that and I think, well, is there something that
maybe I need to go to Council instead of -- of CUP and kind of outlining those a little
more quickly. Again, a lot of it depends, but maybe having some more specificity there,
so, then, when an applicant like -- like Adler, you know, instead of, hey, there is kind of
this extra stuff you got to do and, then, there is -- these -- the other question it's --
instead it's, hey, here is a very clear thing that might take. Here is the expected
timeline. Here is the expected cost and you can factor that in, rather than it being kind
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of the scary unknown for a potential new tenant. So, less of a question and more I
guess I think that's the right path and I think that's worth going -- the path worth going
down.
Lorcher: We are still in public testimony; correct? Am I allowed to bring a -- am I
allowed to bring a person back up?
Hood: You certainly can. Yeah.
Breshears: Madam Chair, if they are coming up to rebut new information, then, they
can come back up. In your discretion.
Goode: Thank you. I wouldn't call it rebut.
Lorcher: Need to call it rebut.
Goode: Okay. Wait, I am rebutting new information. I was responding to new
information.
Lorcher: Okay. There you go.
Goode: Will Goode. 8665 West Emerald Street, Boise, Idaho.
Lorcher: Thank you.
Goode: The CUPs -- so, when a tenant is faced with should I lease here or should I
lease here and one option requires a CUP, which adds time, money and uncertainty,
because CUPs are discretionary, they almost all the time will just choose the other
option and to your question, earlier the option for 12 percent is to go into an I-L zone.
The -- in Boise you have commercial and you have industrial butting up to each other.
Meridian tried to create a mixed employment zone to ease the transition between
commercial and industrial and what we are trying to do is thread the needle of what
does that transition look like? If you will notice right now, if you look at your land use
map, there is hardly any mixed employment land that's developed, because it's not
developable. The -- because warehouse isn't allowed -- most things aren't allowed.
Building materials isn't allowed. So, flex is allowed, but of our four million square feet,
one and a half percent of it has greater than 30 percent office and showroom. We can't
build a building to appeal to one and a half percent of the market. I can't convince
investors. I can't -- I can't convince anyone to get behind that. So, the CUP usually will
just scare away a tenant unfortunately. I wish it didn't. And, yeah, 12 percent means
you just go to an I-L zone basically, so -- thank you for the --
Lorcher: Thank you. Okay. Did you have any other comments before we close the
public hearing? No? Commissioners, any other questions before we close the public
hearing? Can I get a motion to close the public hearing?
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Smith: So moved.
Perreault: Second.
Lorcher: It's been moved and seconded to close the public hearing on Item No. ZOA-
2025-0001. All those in favor say aye. Any opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Lorcher: Well, this is a stacked deck, isn't it? I think all the changes that -- for this
particular text amendment are in the best interest of the city. It defines things a little bit
differently and I'm talking about all of them, not anything in specific. For -- for me
personally. You know, I wrote down that the drive-throughs -- if they don't fit the -- the
categories they have the CUP. The ADUs for -- for safety, for the primary structure, for
addressing, all makes sense. The flex space, the 30 percent is a -- is a good start, but
it's sounding like the market is saying that they need less. So, that's maybe a
conversation that, you know, when it gets to the City Council they -- they can look at,
but we need a standard and it sounds like that's been the standard. Home occupation
with the -- the swimming I think is a lovely idea. Consistency in fencing and the private
streets, you know, all seem to make sense without a lot of controversy. I think as we
continue with the industry and City Council working with the flex space, I'm sure we can
come up with some language that would be able to bridge developers in the city and
what's in the best interest of both to be able to move our city forward. So, I'm in favor of
the things that are -- the way they are written right now.
Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: I think I tend to agree with you. I -- I -- it seems to me a lot of the flex space
issues also kind of more targeted around that, you know, I-L I mean kind of area where
it might be 20 percent -- maybe it's not the 30 percent areas, the CCUs, that it's -- it's
the huge issue, but it's those -- those more border -- borderline cases and maybe there
is a case for rolling that 20 percent down to 15, but leaving everything else the same. I
think there is maybe some discussion that, you know, staff can have before this gets to
Council and some discussion at Council about that. But I think -- I think, really, the
question is is the City of Meridian going to be seriously hurting if we get this wrong in
the sense of, yeah, what will hurt more if we get it wrong in what direction. If we have
the ratios too low and, then, the anticipated kind of uses of the zoning kind of aren't
aligned with what the plan is, I think that's more harmful than, you know, maybe we take
a more temperamental -- more of a slow and steady reduction to kind of try to thread the
needle and find the right percentages there. So, I think -- yeah, I see the argument for a
lower percent and very well may get there at some point, but I don't know that it's an
urgent enough case to do it right now and that we need to jump at lowering the
numbers. Maybe -- maybe in six months, a year, two years that ends up with -- that's
what it ends up at, but I think -- I think I'm okay with where staff is at now, especially
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with some sort of mechanism, especially at the director level to help maybe limit some
of the CUP concerns and some of the City Council concerns, but even, then, you know,
having a more clear path for variance I think will be helpful.
Garrett: I have a comment. I'm on the other side of that, because I think the minute you
time -- you add time or variable people are reticent to invest their money and add time
to it, because time is money for them and especially if they are having to borrow money
or if he is looking for investors. Any developer is looking for that investor or that bank
and the longer things go the more it costs and so they are going to say I'm going to go
somewhere else. So, I think if we are serious as a city to encouraging these types of
businesses and having this flex zone somehow we have to communicate that we are
flexible. You know, you -- you can't go down to five percent, but, you know, if you are at
15 or 20, yeah, we are happy to look at it. So, somehow in that way I think we have to
communicate that out and, obviously, you know, if we are competing against other
municipalities they are going to go elsewhere and, then, we end up with raw land
unused.
Lorcher: Commissioner Perreault.
Perreault: I'm going to somewhat land in the middle here. I really like Bill's idea about
taking that time to sit down with our stakeholders and our commercial developers and
fleshing that out more, seeing if we can come to a little bit more detail on that and
figuring out if there are some criteria that would allow those percentages to change up
or down. Maybe we start talking minimums instead of maximums and I feel like that -- I
think that it would be better for us to have more information to -- before the decision is
made and I would like to see that happen before Council, if possible. I don't know what
the time frame is, but I will leave that to you all. But I think that would be really wise on
our part, so that -- not that staff doesn't already have a really good grasp on what's
going on with -- with commercial development, but just as that -- you know, just the
opportunity for the community to have a little bit more voice in it and see if there is some
way that we can -- as far as -- I understand what Commissioner Smith is saying. I -- as
far as like director level decisions and there still has to be kind of a criteria that the
director follows. So, one way or the other you are still developing some additional
criteria that says, hey, we are going to agree to this or we are not going to agree to that.
Whoever the decision maker is.
Lorcher: Right.
Perreault: So --
Lorcher: So, are you suggesting a continuance, so that they come back with the flex
space or do we make a -- vote a motion with a condition that -- that conversation
happens before Council?
Perreault: If the Commission wants to -- wants staff to do that and come back before us
and have another discussion, then, yes, we would continue it.
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Lorcher: Right.
Perreault: If--
Lorcher: Is that what you are suggesting?
Perreault: No. No. No. I'm suggesting that staff have those conversations hopefully
before Council. Yeah. If it's possible. I don't know what your time frame is.
Hood: Well, Madam Chair, I mean I certainly am happy to talk to Will more about it. We
have talked about and I understand where they are coming from. I mean we can talk
and if you want to change percentages that's up to you. I'm trying to keep an open
mind, but I don't see -- this is already going that direction. If you want to make it 20,
then, that's a motion and you can make it 20. 1 don't know that me talking to Will
anymore is going to be -- again, I enjoy our conversations, but I don't know that either
one of us are going to be convinced. So, it's fine, I get his perspective. I think I
understand everything and I -- if I'm in his shoes I under -- I'm writing the same letter. I
have a different -- I wear different shoes, though, and I have a different perspective and
you do as well. So, if you want to change it, then, you can make that motion, a
continuance to talk about it some more I'm afraid is not going to change staffs
recommendation at this point. What I will commit to, irregardless of what you do and
ultimately what the Council does, we will continue to monitor it and be back in six
months, a year, two, three -- I don't know how long, but we will monitor it still. I'm not
too worried about vacant land just sitting there. That hasn't been a problem for the last
20 years. I'm not saying we are trying to be, you know, a -- you know, obstinate to
development, but we want the right type of development. That's what this is really all
about. If you want just development we could -- why have zoning? Just -- we get rid of
all the zoning codes and people -- let people go crazy. Okay. If that's what you want to
do make that part of your motion. And, again, I can meet with Will and I will before we
go to Council. I don't know what that's going to gain anyone necessarily; right?
Perreault: Madam Chair?
Lorcher: Commissioner Perreault.
Perreault: I apologize, I got the impression that you hadn't had those conversations.
You had mentioned something along the lines of maybe not having had as many
conversations and I -- with stakeholders and I didn't know if it was about this specific
issue or other issues in -- in -- in the code changes that are recommended.
Hood: So, Madam Chair, maybe just a little bit of what's happened over the last couple
of years. Will has not been part of our tighter UDC focus group, but for the last meeting,
maybe two. We have talked about it on and off, though, through other interactions we
have with developer stakeholder groups and other things. So, we have had
conversations over the time -- over the last six months or more even going back. So,
again, I'm -- I'm trying to be open minded and listen, I just can't take everything and just
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make those changes in good confidence with what I feel is in the best interest of the
community. But that -- that is my just professional opinion. I mean I will -- again I will
talk -- I will talk to him. We will talk maybe even right after this meeting. I know it's
getting late, but I will definitely connect with him between now and Council. I just don't
know that's going to equate to any real change, because I feel like we have -- we have
been having some of those conversations and this is where we have landed for now.
Lorcher: Right.
Hood: It's a change in the right direction. Is it all the way to there? Maybe, maybe not.
We will keep tracking it and can come back again if we need to change it more.
Smith: Madam Chair, I think -- I think that's -- to clarify, I think where I'm at that's kind of
my position. I'm thinking of this as, you know, lowering the limit is like adding salt to a
dish, or you can always add a little bit more, you can always reduce a little bit more, but
it's really hard to -- when you add too much salt -- when you lower the limit too much --
Lorcher: Right.
Smith: -- there is -- there is -- there is that risk there and so -- yeah, I do think, you
know, those numbers maybe matter to the applicants and they matter to the developer.
I think it's more of a question of how hard pressed the city is right now at this very
second to get that -- those -- that ME zone or those specific zones developed. We want
to see them used -- developed and use, but I think it's a question of are we -- are we
under the gun really trying to get them developed now and that's a different
conversation. I don't think that's where we are at and so I think this is an opportunity
for, you know, if we still land high we can -- we can come back around I think to Caleb's
point and, you know, try -- try getting a little lower if that's still a need. I think, you know,
I think there is a risk here of mistaking a step in the right direction or a step in the wrong
one, just because it's not a big enough step and so I think -- I think this is -- I think this is
good. I think this is really good. And, again, I really do like -- to -- Commissioner
Perreault, to your point about having some standard, I do like kind of -- Bill, maybe --
maybe an offhand idea, but I think a good one of having that, again, specifically a five
percent discretion, you know, I think that might help cover a lot of the ground. I know
some of the letters asked for five percent lower and so if we can say, hey, it is five
percent lower if you can do these things and there is -- there is that director discretion, I
think there is -- that is helpful there. I don't know if that's something that gets
workshopped a little bit and brought before Council, I don't know if we make a motion
tonight to leave that up to rest of the Commission. I don't know if that's baked enough
for that. But I think that's the direction that makes more sense to go, rather than
dropping it and trying to drop it now or make a big drastic change to it.
Lorcher: Well, knowing that City Council is going to be very aware of our conversation
about flex space and it's probably going to be presented again at Council as well, I --
you know, I don't see us being the governing body to make that change here. The 30
percent, you know, can stay and in the meantime stakeholders and the city can
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continue to talk and, then, when it goes to Council it will -- it will come up again and if
the city feels at this point in time that it is in the best interest of the city to change that
standard, then, that's when it will come up. So, with that in mind -- after considering all
staff, applicant and public testimony, I recommend to approve of File No. ZOA-2025-
0001 as presented the staff report of the hearing date June 26, 2025, to City Council.
Smith: Second.
Lorcher: It's been moved and seconded to approve the UDC text amendment. All
those in favor say aye. Any opposed?
Garrett: Opposed.
Lorcher: City Clerk -- Madam Clerk, you can note the denial and it is still three to one.
So, motion passes.
Lomeli: Thank you, Madam Chair.
Lorcher: Do we need to do anything with the other document reports that were listed on
the agenda? Then I will take one more motion. Yes? We do want to talk about the
document report. Okay. Or department, not documents. I can't even read my own
handwriting. Department Reports. Thank you for coming.
DEPARTMENT REPORTS
11. Proposed Updates to Meridian City Code Title 8 Regarding
Addressing
McClure: Members of the Commission, this is -- as previously noted an information
item only. P&Z makes formal recommendations to City Council on Title 11. This is Title
8. However, P&Z does make on occasion decisions regarding Title 8 addressing and
we still would like to have your input if you have any on it to share with City Council.
Lorcher: Okay.
McClure: I will keep this brief, but since I don't get to talk about addressing to you very
often, it's usually the comp plan or something else, I thought I would just give you a little
recap of what it is, especially for the newer commissioners. So, our addressing
technicians do code compliance, participate in interagency reviews and there is a great
deal of technical workflows, not just within the city, but multiple agencies. We have an
interagency data sharing system called ACX, for which Ada County leads and Boise
and Meridian are part of. Sorry. Wrong slide. This is just a simple infographic sort of
showing where addressing data goes, sort of what I just mentioned, and, then, you will
note it goes to Esri, Google Maps, a whole lot of different services and systems. It's
using a lot of things. Basically every permit through the city. Finance uses it for billing
addressing. There is a lot of behind the scene work there. It's also much more complex
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than this. Ada county has an extensive number of workflows that are far more
advanced than this. On the city side we have our own workflows. It's also multiple
database systems talking to each other and working back and forth, not trying to
oversell it, it's just very complex and there is a lot of review that goes into it. Back to the
purpose of the update tonight. You all have a detailed memo in your packet. I'm not
going to go over those in great depth, but I will sort of cover high level what those topics
are and, then, if you have any specific areas you want to discuss I would love to do that
with you. This first topic area, as Caleb mentioned earlier, relates to Title 11 UDC
changes and specifically accessory dwelling units. Both changes in Title 8 and Title 11
are intended to align with building code as a sort of the cornerstone or anchor. High
level. We are adding in some very broad definitions for single, multi and accessory
dwellings. A few cleanup changes as a result of those definitions and, then, sort of
defining -- and this is the important part -- when an ADU gets addressed. This is a little
complex for me, so I'm just going to sort of explain it the way I was told and understood
it. I apologize for that. Lots of things by definition. You know, even in Title 11 are an
ADU. Then there is the standards in Title 11 or Title 10 building code, the standards.
So, you can be an ADU, but you can be an illegal ADU just like you can be an ADU that
meets all of our standards the big change here is in order to get an address and you -- if
you meet those standards you will get an address, whether you decide to use it or not.
And if you do not meet those standards, if you are, quote, an illegal ADU, you will not
get an address. The reason for that is some direction basically the city was told to go
after -- I'm going get it right. We were basically told to go that way. So, there is -- there
was a judge involved and there were some comments earlier about -- about some news
-- news a couple years ago. The second round of changes are consistency and clean
up for the most part. They generally involve multi-unit residential or suites. So,
apartments or suites. The first big change is to basically decide that we are not going to
follow a system previously where buildings were addressed based off whether they
were under single or common ownership in an apartment complex. The Postal Service
does not like doing that anymore. They have asked us not to do that. What that means
is we are not going to give buildings letter identifiers anymore. So, you have not
Building A, not Building B, with their own apartment -- apartments and, them, it's now
each one of those buildings has their own address. This is actually helpful for the city
as well, because we don't determine when a property might be subdivided later -- later
on and if it is subdivided, then, each one of those buildings has to, then, be
readdressed, which is a nightmare. So, it's -- we have already been doing this, but it
reflects sort of direction from USPS. The second one. There are four suites. This area
is one where we have a lot of direction from a number of different systems, including
NENA or the 9-1-1 Association, fire and building code. Again, USPS. Others. They
don't provide a lot of direction on how we should address suites or apartments for that
matter, except that we want to be consistent in how we do it. We haven't always been
super consistent in a few areas. We have lost institutional -- institutional knowledge.
Things have changed. But some of the things that we have been consistent on we are
now codifying, so that there is some less -- there is less external pressure of telling us,
you know, what someone wants to do, rather than what we need to do for 9-1-1 or
emergency purposes and, then, there is some other ones where we recognize we
haven't been doing them great apartment -- apartment numbers, for example, and what
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1 call pinwheel, so external access single floor sort of units, not walk-up garden style or
mid-rise internal hallway sort of apartments. Standardizing how we do those and
making it more consistent with everything else we are doing. That's really high level.
I'm happy to dive into any of the specific code changes if you want, if you -- something
you just want us to share with Council I'm happy to do that. I will note we also added
some diagrams just help people understand some of the common things we see and
are asked about. Yeah. I will stand for any questions.
Lorcher: The only question I have is that everything is moving -- going forward or are
you going to -- are you going to retro any of this stuff? Like -- well, specifically with like
the ADUs, you know, is it only new applications that come through or have you
identified if somebody changed their -- you know, put a unit in the backyard and it was
illegal and now it's going to be legal, because code enforcement asked them to go
through the process, you know, are you searching them out or are you just waiting for
them to come to you as they are identified as we go forward?
McClure: Commission President, that's -- that's a great question. This is primarily
intended for moving forward. However, we will be working to go back through our
Enterprise system and find previously approved ADUs that meet those standards and
add them to the system and add addresses if they don't already have them and, then,
we will modify it as we become aware of issues, but we are not going to do a complete
overhaul and trying to figure out where all the legal ones are or whether they approve or
could be approved or --
Lorcher: Right. And same with apartment buildings, so no more letters, but the ones
that already have them will still be identify them as --
McClure: Correct. We are not going to up -- upend everyone's lives. Yeah.
Lorcher: Okay. Okay. That was all. Any comments from you? There is nothing to
really approve, but thank you for sharing. So, I think it seems very straightforward and
cleaning up changes and making life easier for the post office and the city seems to
make a lot of sense. So, thank you very much.
McClure: Thank you.
Lorcher: All right. I will take one more motion.
Smith: Madam Chair?
Lorcher: Commissioner Smith.
Smith: Move to adjourn.
Perreault: Second.
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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: FOUR AYES. THREE ABSENT.
MEETING ADJOURNED AT 10:13 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. )
APPROVED
7 I 17 125
MARIA LORCHER - CHAIRMAN DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
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