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HomeMy WebLinkAboutNovember 15, 2007 P&Z MinutesMeridian Planning & Zoning Commission November 15, 2007 Page 30 of 60 MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: At this time we are going to take a short recess for ten minutes. (Recess.) Item 6: Continued Public Hearing from October 18, 2007: RZ 07-014 Request for a Rezone of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) zones for Cavanaugh by Kasterra Development, LLC - SEC of S. Meridian Road and E. Victory Road.: Item 7: Continued Public Hearing from October 18, 2007: PP 07-015 Request for Preliminary Plat for 518 lots consisting of 443 single-family residential building lots; 1 residential building lot consisting of 32 apartment units; 8 residential building lots consisting of 61 future condo units; 4 mixed use lots consisting of commercial retail on the 1 sc floor with 12 residential lofts on the 2nd floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 46 common lots and 5 other lots on 177.43 acres in C- N, TN-C, TN-R and R-8 zones for Cavanaugh by Kastera Development, LLC -SEC of S. Meridian Road and E. Victory Road: Item 8: Continued Public Hearing from October 18, 2007: CUP 07-017 Request for a Conditional Use Permit approval to convert the existing Caven home into acivic/social hall in an R-8 zone for Cavanaugh by Kastera Development, LLC -SEC of S. Meridian Road and E. Victory Road: Rohm: All right. At this time we'd like to reconvene the regularly scheduled meeting of the Planning and Zoning Commission and we will begin by opening up our next project and that is the continued Public Hearing from October 18th, 2007, of RZ 07-014, PP 07- 015, and CUP 07-017, all items related to the Cavanaugh project and begin with the staff report. Wafters: Mr. Chairman, Members of the Commission, the applications before you are a request for a rezone of 13..59 acres of land from R-8, medium density residential, to C- N, neighborhood business district, and 16.49 acres from R-8 to TN-C, traditional neighborhood center. Preliminary plat approval of 517 lots. Conditional Use Permit to convert the existing Caven home into a civic social hall in an R-8 zone, and a development agreement modification to address the new neighborhood center plan and conversion of fihe existing Caven home into a civic social hall. The property is located at the southeast corner of South Meridian Road, State Highway 69, and East Victory Road. To the north is commercial property, zoned C-G, and residential property, zoned Meridian Planning & Zoning Commission November 15, 2007 Page 31 of 60 R-4 and RUT in Ada county. To the east are existing and future residential properties, zoned R-4 and R-8 and a grange hall, zone R-1 in Ada County. To the south are future residential properties, zone R-4 and R-8. And a storage facility, zoned RUT in Ada County. And to the west are residential properties, zoned RUT and R-6 in Ada County. This is an aerial view of the property. Currently there is one existing single family home on the site that the applicant is proposing to retain for a civic social hall. It's located right there at the southern portion of the development. It's currently being used by Kastera Development for a real estate sales and construction office for residential dwelling lots within the development. This property was annexed into the city in 2006 with R-8, TN-R, and C-N zoning and a preliminary plat was approved at the same time under the name of Tenana Valley, as shown on the overhead here. The previous plat contained 548 single residential lots, one commercial lot, and one school lot. Since that time the property has been sold and purchased by a new owner Kastera Development. A portion of this property, shown as phase one on the preliminary plat, received final plat approval in June of 2007. It's this area right there. The C-N and TN-C zoning designations requested with the rezone comply with the Comp Plan future land use map designation of mixed use neighborhood and neighborhood center for this property. The requested zoning designations are shown on this map here. The applicant has submitted a concept plan for the rezone area, as shown on the overhead, that depicts commercial and multi-family uses right there at the corner of the intersection. The proposed preliminary plat consists of 517 lots, consisting of 443 single family residential building lots, one multi-family residential building lot, consisting of 32 conceptual future apartment units, eight residential building lots, consisting of 61 future conceptual condo units, four mixed use lots, consisting of commercial retail on the first floor, with 12 residential lots on the second floor -- lofts. Excuse me. Nine commercial building lots. One school building lot. One civic social hall lot. Forty-seven common lots. And three other lots for parking lots. All on 177.43 acres in the C-N, TN-C, TN-R and R-8 zoning districts. The applicant is proposing to develop this property in eight phases as shown. Timing of the commercial portion of the development will be determined by market demand... Access to the site is proposed from three public street accesses to Victory Road, South Standing Timber Way, South Enter Way, and South Mesa Way. And a right-in access point is proposed between Standing Timber Way and South Enter Way. Staff is not supportive of the right-in access point and it is not approved with this application. A public street connection to Rumple Lane, a private street, is proposed at the south boundary for access to State Highway 69, Meridian Road, at the half mile. Staff and ACRD are requesting that the applicant close and/or incorporate Rumple Lane into an extension of Harris Street currently on the west side of Meridian Road as a standard residential collector. The new extension of Harris Street should extend from the intersection of Meridian Road to connect with then stub street Reflection Ridge Place from Reflection Ridge Subdivision down there to the south. Stub streets are proposed to the outparcel on Victory Road and the outparcel on South Meridian Road. This parcel here and here. Stub streets are also proposed to be extended from previously approved subdivisions that have been -- that have provided stubs to this Meridian Planning & Zoning Commission November t5, 2007 Page 32 of 60 property. Access to the future condo units in the TN-C portion of the property is proposed from an alley. Staff is supportive of the proposed streets and access points as proposed, except for the right-in access from Victory, as previously stated. The landscaping as proposed on the site per the landscape plan is shown. A 25 foot wide buffer is required along Victory Road. A 35 foot wide buffer is required along State Highway 69. Twenty foot wide buffers are required along South Standing Timber Way and Rumple Lane -- Harris Street. And ten foot wide buffers are required along all local streets within the C-N zone portion of the development as proposed. The UDC requires the development to contain a minimum of ten percent common open space or 17.7 acres. 27.6 acres of open space is proposed, which complies with and exceed this requirement. Additionally, this site is required to have eight amenities. The applicant is proposing the following as amenities. Three pedestrian bridges across the Ridenbaugh Canal. The Ridenbaugh runs -- bisects the property right here. A multi-use pathway, ten feet wide, along the south side of the canal. An eight foot wide sidewalk along the north side of the canal.. A pool, hot tub, splash park, water plaza, open play area, a civic social hall, bus turnout, and additional open space beyond the required amount. Because this development is located adjacent to a state highway, a berm or berm wall combination is required to be constructed within the buffer adjacent to State Highway 69, a minimum of ten feet higher than the elevation of the center line of the highway for noise abatement adjacent to residential uses. So, that would be from this area south of the Ridenbaugh along the highway. The applicant submitted a letter in response to the staff report requesting that a berm not be required in this instance, because of the topography of the land in this area in relation to that of the highway. The UDC allows the director to approve alternative compliance where the applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer. Alternative compliance may be requested with this application for approval by Council or may be requested later prior to final plat application. The applicant has submitted design collages for this development that represent architectural elements proposed in Cavanaugh for the residential and commercial portions of the development. The images are taken from the architectural vision and guidelines for the development. The applicant has also submitted a list of 21 unique design features of the Caven home that will be used as a reference throughout the Cavanaugh architectural guidelines. This list is included as Exhibit A-8 in the staff report. These are commercial properties and residential properties. Conceptual elevations that include construction materials were submitted for the residential lots, future condominiums and apartments. Those are shown on the overhead. Staff is supportive of the proposed design features, design collages, and the conceptual multi- family building elevations, as they represent high-quality architecture and construction materials. Because the multi-family units are a permitted use in the TN-C zone, they do not require future Conditional Use Permit approval. For this reason Commission and Council should review the conceptual elevations submitted with this application to determine if additional design requirements should be added. As part of this application the applicant is requesting approval to convert the existing 13,000 square foot Caven Meridian Planning & Zoning Commission November 15, 2007 Page 33 of 60 home into a gathering place for neighborhood and community events as a civic social hall. The UDC requires such uses to obtain Conditional Use Permit approval. The applicant has submitted a site plan showing the layout and features of the property, along with proposed parking and access to the property. And the applicant states that the proposed civic social hall will be available for public and private neighborhood gatherings, meetings, weddings, relaxations, spa, banquets, parties, picnics, seminars, and recreation. And because of the size of the civic social hall Kastera envisions that multiple functions can occur during the same time.. Facilities include a library, commercial kitchen, banquet rooms, recreation rooms, computer rooms, meeting rooms, swimming pool, tennis court, spa, barbecue and picnic facilities, patios and decks, large lawn areas, restrooms, storage rooms, and garage. Anticipated capacity for outdoor events is estimated to be 300 people. Anticipated capacity for indoor events is estimated to be 100 people. Finally, the applicant is requesting to modify the existing development agreement approved with the annexation of this property to address the new neighborhood center plan and conversion of the existing Caven home into a civic social hall. Staff has included the applicant's requested development agreement modifications in Exhibit A-10 of the staff report with staffs comments. Staff is supportive of the proposed changes to the development agreement as shown in Exhibit A-10 with recommended changes as noted on item number 5.1.14. Staff is recommending approval of the subject applications based on the findings listed in Exhibit D and the conditions listed in Exhibit B of the staff report. I will stand for any questions the Commission may have. Rohm: Thank you, Sonya. Any questions of staff? Newton-Huckabay: Not at this time. O'Brien: Could you -- I have one question, Mr. Chairman. On the road access on Victory, could you point out again which direction are they favored? Wafters: Chairman Rohm, Commissioners, Commissioner O'Brien, I didn't understand your question. O'Brien: So, the two accesses -- or, actually, three access points -- I'll use my pointer. So, is this aright-out only? Wafters: I believe that was full. O'Brien: It's right across the street from the D&B I think or Victory Greens. I wasn't sure if it aligned with that property across the road. Wafters: The -- excuse me. Right-in driveway aligns with the one to the north across the street, across Victory. Meridian Planning ~ Zoning Commission November 15, 2007 Page 34 of 60 O'Brien: It's right-in, but it's no -- no left out there? Wafters: No. It's proposed as a right-in. That middle driveway right here. O'Brien: Okay. Rohm: Any other questions? O'Brien: No. That's all I have. Thank you. Moe: Mr. Chairman. Sonya, on your condition -- let's see here -- 7.1.4 in regards to the sidewalk that's figured to be on those two outparcels on each side of the school site, was that done the first time this -- this development came through? Is that how we -- can't remember. Watters: Chairman Rohm, Commissioners, Commissioner Moe, that is, actually, ACHD's condition of approval and I believe it was in -- Moe: Same as the last -- Wafters: -- the first round, yeah. Moe: Thank you. I guess one other one. I guess while everybody's waiting. In regards to the rolled curb, as opposed to vertical, is that ACRD requiring that as well? Thank you. I'm done. Rohm: Would the applicant like to come forward, please. Forrey: Good evening, Commissioners. Can you hear me okay there? Thank you. My name is Wayne Forrey with Kastera Development and our headquarters address is 1550 Tech Lane in Meridian, 83642. And we have several of our staff members here today that we could call on maybe during questioning and answer session, but I will be making the presentation. And about halfway through I will ask Ben Haught, our architect, to come up and show you a material board as we go through some of the exhibits and also we have a PowerPoint presentation,. so I can stay within your time limit, and the city staffs going to hit enter for me occasionally. And if we could start that and get to the first screen. But I would also like to say, you know, this is a project that is very important to our company and to the community. We are bringing something very unique into this neighborhood and we have had some really terrific meetings with your staff over the months to analyze the market and this neighborhood and innovation that we can bring into this neighborhood.. So, I want to thank staff for your support in helping us along. So, let's go to the next slide if we can. This is a rendering of one of many Meridian Planning 8 Zoning Commission November 15, 2007 Page 35 of 60 entrances with a pergola with vines coming into the project. So, figuratively, we are going to go through this entrance here and see our presentation. If you would hit the next one. Who is Kastera? We are locally owned and we are part of the DBSI group of companies. DBSI is headquartered here in Meridian on Tech Lane. We are developing 14 different communities here in the Treasure Valley and about one-third of Kastera Development employees actually live in the City of Meridian. Next, please. This is the motley crew that I get to work with. I'm the old guy with the glasses there in the center. But the other four all live in Meridian. This is our planning and development team of Kastera. Next, please. We have quite an experienced,, talented team behind this project and most of these folks are here tonight. So, if we have any questions in any discipline, we can get them up to the podium as well. Next, please. Cavanaugh is really a very well located development. It's just 45 seconds from I-84 and really central in the valley. Next, please. But you will see we are surrounded by development, so we went into this thinking in terms of in-fill and that, of course, brings a whole set of planning dynamics into a neighborhood when you think about in-fill and filling in some of the gaps that maybe have been overlooked in other developments. Next, please. So, as staff mentioned, the city -- your Commission and the City Council previously approved the Tenana Valley project and right after it was approved the developer sold it -- put it on the market and we acquired the project. We just love this site. But we started to have some questions about could this be a better project. Are there enhancements we could .make? And we had some questions about the home right here -- this is the Jerry Caven home. It's a beautiful home and the prior developer wanted to tear it down and that was a big question in our mind. Is there a better way to do this? We met with your city staff and they said., you know, it wouldn't hurt to maybe take off the gloves and do some rethinking on this property and we met with the highway district and others and they said the same thing. So, we felt encouraged enough to go ahead and create a new master plan to make enhancements to this site. Next, please. Our development approach -- there are five major things. We decided to continue with the final plat of phase one and, in fact, that's moving forward now. We decided to submit a new application for a preliminary plat, bring a village center into this community, which would require a Zone change., and we wanted to reuse and preserve this beautiful Caven home, so that required a Conditional Use Permit and, then, a development agreement modification. And as we worked with staff you had previously approved 548 units and we set that as a goal to stay at that number and no more. So, we have accomplished all of this without increasing the number of units. Next, please. Our final plat's been approved by the city. It's going through agency process. Probably preconstruction in January and we will start construction in February of '08. Next, please. So, here is a copy of the plat that we have submitted to the City of Meridian. And next slide. Here is an overview. This area here in the black oval, that's generally where our phase one final plat is that's going forward. We have retained the school site. We brought a village center into this project, redesigned some of the street patterns here to bring a nice boulevard, almost like a Park Center Boulevard into this area. We have created this civic social hall lot and, then, a whole mix of housing, all within that Meridian Planning 8 zoning Commission November 15, 2007 Page 36 of 60 cap of 548 residential units.. Next, please. So, bringing this plat forward, we have achieved something that Meridian has been wanting to achieve for some time now as a true village center. Taking your Comprehensive Plan to the implementation stage and making that work. We have asked ourselves these questions. Can we make it walkable? Absolutely. Can we connect it to our neighbors? Yes. Can we buffer it appropriately? Yes, we'have done that. Is it viable in the marketplace? Yes, it is. So, we achieve better traffic flow. We have exceeded your minimum requirements for parks and trails. We have over four miles of trails. And we now have a 13,000 square foot community center with two swimming pools. And look at all the mix of housing we have achieved. Apartments. Lofts. Townhomes. Condos. Some alley loaded homes. Standard home sites. And even estate size home sites. Next, please. So, now let's talk about our zone change application. Next slide, please. This is really the focus of our zone change application, this area right here. We did quite an exhaustive market analysis and we are convinced through our research that a village center with a mix of uses is really going to be a positive addition. And we organized our master plan around 12 components that comprise neighborhood living. Let me just walk through these 12 briefly here. We have affordable workforce housing. We have rental apartments, plus upscale living. We have some daily essential shopping and needs, like food., medical, and bakery. Leisure shopping, like clothing., dry goods, beauty, and specialty stores. Plus employment -- and some of these would be stand-alone employment centers. Our economists project about 830 new jobs will be created in this development. Plus we have a transit service here in the center and also bus stops here and bus stops here. So, we have brought transportation into this project. Services like insurance, legal, professional, and technical. Education. Book stores. Learning center. And conference center. Leisure and relaxation has been brought into this with art and it's a very walkable, strollable development. Banks, savings and loan for the financial and even worship. All of those 12 components have been embodied into this village center. And the clusters has been oriented -- you see the angular orientation here, so that if you're at this intersection, it draws your eye right through this area, through these water features here, like you're looking down a village center, which it is. More water features and into the park back here. So, it's a beautiful vista that we are trying to keep very attractive, because this is one of the entryways into the City of Meridian. You might be familiar with Bond Crossing in Boise. That project is a relatively small village center. It's about half the size of what you see here. And so we wanted to have it large enough that we could have a true village center and not be impacted by size in that sense. Now, I want to talk just a moment about this use right here, which we envision. It says grocery. That would be a neighborhood market. So, let me talk about that for a moment. We have received some really positive feedback from folks like Paul's Market, Trader Joe's, and Whole Foods. And, then, just this week we got some feedback that Wal-Mart might be within one mile of this site right here and that, of course, raised some fears with some of these other market venders and people and that's just the reality of commercial development. If you could approve a Wal-Mart and it could have a negative effect, you know, on some other choices in a village center, but I want to explain to you Meridian Planning 8 Zoning Commission November 15, 2007 Page 37 of 60 that on the other hand., Kastera has the ability to develop this project and attract tenants with or without big box competition. It would just shape maybe this use. Instead of maybe a Paul's IGA, it may be more of a specialty market, like Trader Joe's or Whole Foods that maybe would have a competitive differentiation from Wal-Mart. So, this -- and if the Wal-Mart does come, this could end up being maybe a mixed use, like a medical use or an employment, as well as a market. So, we can work within the C-N zoning that we have applied for. And, by the way, our economists did some calculations for the city and the difference between Tenana Valley that you have already approved and our project with enhancements, brings about 24.6 million dollars into tax revenue to the City of Meridian at build out. That's the difference. So, it's quite an enhancement that we have made to this property. Let's go to the next slide.. I want to give you a sense of scale. Two more clicks, please. Those are our zoning areas. Now -- one more click. If we are looking back from the highway into this village center. This is a view of a successful project in another market called Redstone. And we used this as our inspiration for this village center. Next, please. Now, if you're in our village center and you're looking back towards Meridian Road -- click, please. And this is the Redstone, same -- this is the same distance where I'm standing here taking the photo. This would be like Meridian State Highway 69 back here. This is actually in the Redstone project. So, I do this to give you a sense of scale. One more, please. And, then, looking behind, if you were on Victory Road looking into the village center -- and here, again, is the same sense of scale. And the neat thing about your traditional neighborhood commercial is you require multi-story buildings and that's what we are proposing to bring forward into this village center, just like you see here at Redstone. Two more clicks, please. This is a view of looking at the condominiums and these buildings here are retail. So, this is the village center retail with loft residential up above and, then, here across the street, very compatible, are condos. And I'm just showing you that for a sense of scale again. As what our village center could look like. We are going to have unique architecture separate from this. Next, please. So, some key elements of this zone change -- we can demonstrate that a true village center can be developed here in the City of Meridian with your Comprehensive Plan and we are going to call it Boardwalk at Cavanaugh. We have three separate housing types, lofts, condos, and apartments. It's walkable. And I put question marks after market, because our objective is to continue to get a specialty food store into this neighborhood. If Wal- Mart does come, that might change the dynamics somewhat. But that's our first goal, is a neighborhood market. We provide neighborhood services. We increase employment tax revenue. And DBSI and Kastera have the financial strength and the national exposure in the market to bring really great tenants into this project. Now, let me talk to you about some architectural styles. We will get Ben Haught up here and let's go to the next slide. Ben Haught is our architect and he put together a booklet, design guidelines, and in this it outlines 21 design criteria that any architect can take to use to design a component of this Cavanaugh and each of these 21 items are listed right here. So, when you look at this rendering -- for example, on this one -- this happens to be the -- better get closer to the microphone. Sorry. This happens to be the condominiums and Meridian Planning & Zoning Commission November 15, 2007 Page 38 of 60 it's the alley view, so you're seeing the back of the building, but we showed this so you could see an example of four-sided architecture. When you see this number here, 20, that is 20 on the list and it's stucco and you can see the different colors of stucco here. Number eight is transom windows.. Number 13 -- or, excuse me, 21, right here is the copper trim and fascia material here. And you see the colors and so in our design guidelines any architect would come in, but we say to them you have to meet or exceed at least 12 of these 21 components. That gives them criteria to design to. So, it gives the architects flexibility, but there is an overall theme and staff has been supportive of that and that's in the conditions that they like this concept of an overall design theme. Let me -- let's see. Let's go to one more click. This is the lofts. Again, it's the alley access. You can see the back of the building. Even though it's the back, it's extremely attractive. But you can see these numbers here correspond to the numbers here and so that you have themes to keep -- could I have just a little more time? Let's do a couple more clicks here. One more. Let's talk about the conditional use a moment. One more click. You saw the blow up -- this -- I wanted you to see the Caven home. This was the home that was going to be taken down. And we just felt we needed to preserve that and protect it. Two more clicks, please. You saw the site plan of that to use it -- one more click, please. And one more click. One more. In the -- I have a handout I'd like to give the Commission. It's our response to the conditions. It's a -- so, there are only four conditions that we would ask to be modified and have some flexibility. Condition 1.2.6E requires the berm wall along the entire Highway 69. But if you notice, there is only a portion that is below the highway. One more click. You can see part of this site already has an extensive berm. It's well above the highway. And so there is about 420 feet that really needs that wall and the berm. Not the entire length. There is enough berm here that we wouldn't have to add to that. The next condition, 7.1.4, if you could hit click again. This -- we totally agree with having a sidewalk across this parcel. And this is the school parcel and they will be putting in fihe sidewalk here. But this is not an outparcel to us. This is the grange. And so we would ask that we not have to put a sidewalk in front of someone else's property that's not an outparcel, you know, that we are surrounding. The third one here is rolled curb -- curbs in the streets. We would prefer to do more expensive and have vertical curb. ACRD allows that. It's a developer expense. We think it makes for better safety. And, then, the last one on this list is the Mesa Way. We have agreed to do that and we'd ask that you add the words -- the owner of Lot 24, Block 15, shall -- at the beginning of your condition. So, that means, then, that both Kastera and the school district will make the road connection. And., then, I would mention one more thing. ACHD approved our project. We had this as a full intersection and they said that from a traffic standpoint this needs to be a right- in. So, this is a full and, Mr. Chairman, Commissioner O'Brien, this does line up with the road over here with the gas station and Double D. This one is -- there is no road over here to line up with., but we were restricted to a right-in only by the highway district. So, this has all been approved by ACHD. And, then, we have this, the major entrance right here and, then., there is a new public street right here, which lines up with Mesa. So, when staff mentioned they were not supportive of the right-in, the highway district Meridian Planning 8 Zoning Commission November 15, 2007 Page 39 of 60 makes those decisions and they have approved that. They actually restricted us to a right-in right here. So, with that that concludes our presentation and we hope you will approve our project. We are excited to bring this into Meridian. Rohm: Thank you very much. Any questions of the applicant? O'Brien: I had one question. I don't know how pertinent it may be, but is there any consideration for utilizing the open space or parks there for a child care center or -- as part of the neighborhood services? Forrey: Actually, it would be in this facility right here. O'Brien: Okay. Forrey: Commissioner O'Brien. That's been one of the uses that we would bring into that civic social hall. And that would be one of the uses allowed in the Conditional Use Permit process. O`Brien: Thank you. That's all I have. Rohm: Any other questions? Moe: I have none. Rohm: Thank you, sir. Ben Forrey, you're part of the same presentation? Did you have something you wanted to add? Thank you. Craig Kaichack or -- wow. From the audience he's been spoken for. And., then, Ben Naught. Ben Haught. And -- did you just -- have been spoken for or did you want to add something to the presentation? Naught: Ben Naught. I live at 4040 West Perkins Street in Meridian, Idaho, just a few miles down the road from this site. And proud to be a part of the Kastera team and think the approach taken to this project greatly enhances the original approved project and I think the Caven home is a fantastic piece of architecture and a lot of the staff was able to come and tour it and it would be a shame to see that structure get torn down. The idea to preserve it and to make it a theme throughout the community I think is a fantastic idea. I'm excited to be a part of the project. Rohm: Thank you, sir. There is nobody else that's signed up to speak to this project, but if there is anyone out there that would like to, now is that time. Thank you. There is no testimony to rebut, so if -- I don't know if -- do you have a final comment? Moe: Well, Mr. Chairman., before he says that, I do -- I have -- I probably have a question for you. As I heard earlier, you said that you can make it from Victory Road to Meridian Planning & Zoning Commission November t5, 2007 Page 40 of 60 I-84 in 45 seconds? Forrey: Right. We timed it. Moe: And we are going to get you ticketed here pretty quick. Forrey: It was, actually, my son. Newton-Huckabay: I want to know what time of day that was at. Forrey: My son went out and timed it. So, yeah, I'm a little concerned with -- Moe: You're both not obeying the law. Rohm: Final comments. Forrey: You know, when we -- when we bought this project it had an approved preliminary plat. We could have easily just said let's go build it. I mean we are in the home building business and the development business. But we really sat back and when we first met with Anna Powell and., then, others on her staff and, then, got into working with staff, we said., you know, here is a chance, maybe, to take it -- take risk here and bring something better and enhance this. And so we had to drop back and think about that. The easiest thing to do would be just to forge ahead with an approved project, but we have put a lot of thought and energy into this and there is some risk in that, but we think it's going to be better for everyone. So, we hope you will approve it and we hope you will move this forward to the City Council. So, you can be very proud, like the one you walked at in Baltimore and Florida, other places, you can say, you know, Meridian's got a great little village center south of the freeway that's just really top notch. And we will do that. If you give us a chance, we will make it happen. Thank you. Rohm: Good.. Thank you very much. Any final comments before we close the Public Hearing? O'Brien: None from me. Rohm: Could we get a motion to close the Public Hearing on these items? Newton-Huckabay: So moved. Moe: Second.. Meridian Planning & Zoning Commission November 15, 2007 Page 41 of 60 Rohm: It's been moved and seconded to close the Public Hearing on RZ 07-014, PP 07-015, and CUP 07-017. All those in favor say aye. Opposed same sign? MOTION CARRfED: FOUR AYES. ONE ABSENT. Rohm: Okay. Moe: Mr. Chairman, I got a question of staff. Sonya, in regards to the condition in regards to the berming and such., is there something that -- that can be worked out through alternative compliance to where that gets worked out or are we -- somehow, based upon the -- you know, the pictures that we have seen and whatnot, I think there has got to be something that can be worked out, you know, through staff to take care of that. Wafters: Chairman Rohm, Commissioners, Commissioner Moe, staff is willing to work with the applicant on that. However, I would like to add on that condition, on E, that the berm be required adjacent to the residential portion of the development, rather than the whole development. But, yes, we can work with the applicant on that. Or you could also make a recommendation, you know, to City Council for -- you know, for them to act on it also. Either way. Moe: Okay. Rohm: I have a lot of faith in staff. I think you guys can work out something to move the project forward. Newton-Huckabay: If this is the biggest problem we have to face, I don't think it's -- Rohm: Yeah. It's not -- . Could I get a motion to move this project forward? Moe: Well, are we done discussing the other issues that -- that the applicant would like to see changed, i.e., going -- not having to do the sidewalk on the outparcel to the east. Going with the standard vertical curb in lieu of roll curb? Those two items ACHD has made as a requirement. Do we want to keep those in force? I, myself, do. It's -- Rohm: Do you like the rolled curb or -- Moe: Either one. It doesn't matter to me one way or the other. Rohm: I personally like the vertical curb. Newton-Huckabay: Me, too. Meridian Planning & Zoning Commission November 15, 2007 Page 42 of 60 O'Brien: Me, too. Moe: Well, then, I guess we will make that change. Rohm: Okay. Hood: Mr. Chair? Moe: Someone is going to talk now. Hood: Sorry. Ijust -- I just want to make you aware that you can request that. What we don't want to have happen is if you guys prefer vertical and ACHD requires rolled, the applicant's caught in the middle and can't comply, then, their project stalls, because we have got bodies that have conflicting requirements. So, those are straight from ACHD. believe they are final conditions. Regardless of it, if you want to change this or not, it's ACHD's report and their staff, it's already been finaled with them, so we can make it say whatever we want, but just a heads up for you and the application that regardless of how this reads, it doesn't really change their conditions. Their conditions are their conditions and they are going to enforce them. So, these ones that start with the number seven are straight from ACHD. Rohm: Can we make a recommendation and they can take it back to ACRD and -- and possibly have a reconsideration? Hood:: Most certainly. Yes. And probably some of the things like that could be worked out at staff level and if it's voiced from the city that we would prefer those things, sure. just require -- if you require something and, then, their hands are tied, then, again, we have got this kind of mess of who has got the authority and, really, the roads are ACHD's, so give you their construction standards. Rohm: Thank you. O'Brien: So, the question Ihave -- Mr. Chairman? So, the possibility exists that you have straight line curbs on one side and rolled on the other? Rohm: I don't think so. I think that -- O'Brien: Is that with Victory Road or inside the -- Rohm: Inside the development. O'Brien: Oh.' Meridian Planning & Zoning Commission November 15, 2007 Page 43 of 60 Rohm: Let's talk about that sidewalk in front of the outparcel. The applicants commented that they would prefer not to participate in that and that certainly makes sense to me. Moe: Well, again -- Newton-Huckabay: Mr. Chair? Moe: Go ahead. I'm sorry. Newton-Huckabay: Go ahead. Moe: Again, that's an ACHD recommendation. Rohm: That's a requirement from ACHD? Hood.: No. Mr. Chair, Members of the Commission, Ilike -- that one says the district recommends. So, in that case, you know, you can -- it still doesn't change what the ACRD recommended, but you can either require it or not require it. That fully is -- regardless of what you do it won't be in conflict with what ACHD has recommended. Rohm: Okay. Moe: That's why I had' asked Sonya earlier whether or not when. this came before us the first time that -- if that condition was there and we did approve that. That's why I was curious. I have no problem striking that if you don't want -- Newton-Huckabay: Mr. Chair, I'd Like to comment on that one. Rohm: Okay. Newton-Huckabay: It looks -- I mean to the east we have other -- is that -- that's developed already or just platted? Planned.. The development to the east of the grange hall. Rohm: Mr. Chair, Commissioners, Commissioner Newton-Huckabay, that's part of the Tuscany development as platted in Messina Meadows or Messina Hills, one of the Messina names and so, yeah, the grange would be the last piece to get continuous sidewalk in that full mile. Newton-Huckabay: Okay. Meridian Planning & Zoning Commission November t5, 2007 Page 44 of 60 Hood.: I did work on Tenana -- Tenana, whatever you want to call it -- 18 months ago, whenever that was through the process, and the applicant at that time did propose to construct those things and that's why it was required at that time, because the applicant volunteered to do those things and, then, we incorporate it into the development agreement. So, it doesn't sound like this applicant -- well, they are willing to do it on the two outparcels that are truly outparcels, but in front of the grange that's really more off site and it sounds like they aren't proposing that same amenity, if you will. Newton-Huckabay: My personal opinion, in the grand scheme of things, it's right next to a school -- this is going to be a charter school, isn't it? Wasn't it a charter school? Hood,: It was some type of alternative high school or a lesser site, yeah. Newton-Huckabay: I'd just like to see the sidewalk. It would finish it off and -- Rohm: Well, if it had been part of the previous project maybe we should just leave it in. I mean that's not ahuge -- I don't think that in and of itself would be a deal breaker. What is it, a hundred feet of sidewalk? A hundred fifty? A hundred and fifty feet of sidewalk? Newton-Huckabay: I'd like to -- I just would like to see it finished off, but I don't know where the grange stands on that, but, obviously, they don't. Rohm: Okay. O'Brien: I don't see it as a problem. They have two entrances to the grange on either side of the building -- I just think it would work well with a sidewalk there as well. Rohm: Do you mind if I reopen the Public Hearing just to hear the -- Newton-Huckabay: No, I don't mind. Rohm: At this time I'd like to reopen the Public Hearing on these three items. Forrey: Thank you, Commission. Because we have a developer on the east side of the grange, the grange in the middle, and a developer on the west side, maybe the three of us could all get this done. The two developers and the grange could partner together and make this happen. And we'd certainly be willing to do that. We are all for continuity of sidewalks. Rohm: Other than the other developer is not here to respond to that. Forrey: True. Meridian Planning & Zoning Commission November 45, 2007 Page 45 of 60 Rohm: It would be pretty tough for us to -- Forrey: But I guess if you gave us direction to do that, we could sure sit down with them and in good faith try to get that done. Rohm: Thanks for your comment. Could I get a motion to reclose the Public Hearing? O'Brien: So moved.. Moe: So moved. Second. Rohm: It's been moved and seconded to reclose the public hearings on RZ 07-014, PP 07-015, and CUP 07-017. All those in favor say aye. Opposed same sign? MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Commissioner Moe, are you prepared to make a motion on these three items? Moe: Sure. Newton-Huckabay: I just -- I just want to make a comment. I really like the design of this. I don't know -- I'm not the architectural nature, but this one has a little bit different look, more that midcentury modern kind of feel and flavor to it. I think that is going to make it a little more unique. And so I really -- I'm going to enjoy watching that come together. And I remember that house from when I was a little girl growing up in this town and it was the monster house on the hill on Victory Road, so it will be interesting to see it as a civic center, so great project. Rohm: No. I agree. That's -- I'm glad to see them incorporate that existing structure into the development. Moe: Mr. Chairman -- let's see here. I thought I was ready. Mr. Chairman, after considering all staff, application, and public testimony, I move to recommend approval to the City Council of -- Mr. Nary, do I need to do these one at a time or can we do them all three? Nary: You can do them all together. Moe: Thank you. File numbers RZ 07-014, CUP 07-017, and PP 07-015, as presented in the staff report for the hearing date of November 15, 2007, with the following modifications: Under condition 1.2.6E, I'd like to recommend that the applicant and staff Meridian Planning & Zoning Commission November 15, 2007 Page 46 of 60 work together to provide alternative compliance in regards to the berm and wall portion. Under -- Nary: Commissioner Moe? For any of the amendments, just so the record is clear, could you reference which one that refers to? I believe that would refer to the development agreement, so that would be part of the rezone. Isn't that -- Moe: Well, you would .probably have to work with me on that one there. Nary: I think that staff and commission would be part of the development agreement, wouldn't that, Caleb? Wafter: It would be part of the preliminary plat. Nary: Preliminary plat. Wafters: Yeah. Nary: So, just to make sure the record is clear as to where you want that amendment for. Moe: In all of these are we -- yes. I will clarify that, that all items that I'm modifying are to do with the preliminary plat. The next item -- that would be condition 7.1.4 in regards to the sidewalk across the two outparcels. Let's see here. I'd like to modify that, that the sidewalk to the east at the grange hall not be required, but would recommend that the applicant work with the grange and the developer to the east to possibly get that sidewalk installed. Under condition 7.1.14, nothing would change there, but I would recommend that ACRD review the possibility of using a vertical curb in lieu of the roll curb. And under condition 7.1.19, at the start of that condition, start off -- insert the phrase: The owner of Lot 24, Block 15, shall -- now Igot -- lost my spot here. That will take care of that. End of motion. Rohm: We have got a motion. O'Brien: Second. Rohm: We have got a second motion, so let me see here. At this time I'd like to take a vote on RZ 07-014, PP 07-015, and CUP 07-017, to include the staff report and the aforementioned modification. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Meridian Planning & Zoning Commission November 15, 200.7 Page 47 of 60 Hood: Mr. Chairman, Members of the Commission and the applicant, too. Just, again, for clarification, we will make those changes in our staff report. It still doesn't change ACHD's reports or requirements regarding those issues. But we will put in parenthesis, you know, that the city recommends -- it's kind of almost like a rebuttal thing to -- to the conditions. But just so everyone's clear, that would kind of be the format that this will come -- that the City Council will see based on that motion, so -- Moe: Understood.. Item 9: Continued Public Hearing from October 4, 2007: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low-Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 N. Black Cat Road: Item 10: Continued Public Hearing from October 4, 2007: PP 07-016 Request for Preliminary Plat approval for 16 single-family residential lots and 5 common lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 N. Black Cat Road: Rohm: At this time I'd like to open AZ 07-011 and PP 07-016 for the sole purpose of continuing these two items to the regularly scheduled meeting of December 20th, 2007. Newton-Huckabay: So moved. Moe: Second. Rohm: It's been moved and seconded to continue Items AZ 07-011 and PP 07-016 to the regularly scheduled meeting of December 20th, 2007. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRLED: FOUR AYES. ONE ABSENT. Item 11: Continued Public Hearing from October 18, 2007: AZ 07-013 Request for Annexation and Zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development - 1235 E. McMillan Road.: Item 12: Continued Public Hearing from October 18, 2007: PP 07-017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision by Equity Development - 1235 E. McMillan Road: