HomeMy WebLinkAboutMarch 20, 2008 C/C MinutesMeridian Planning ~ Zoning
March 20, 2008
Page 7 of 57
Baird: Madam Chair, just as a point of order, you can certainly comment on the
variance, but the variance is a matter that -- for the City Council only. It's in the staff
report because that does get forwarded onto City Council, but two items before you are
Items 5 and 6 on the agenda, so --
Newton-Huckabay: Correct. I just -- in the draft motion here it did list it as I figured we
needed to comment on it, if we are commenting on the rest.
Baird: Well, maybe I'll flip it over to planning staff and see if they had a comment on
why it's there.
Watters: Chairman Newton-Huckabay, Commissioners, you are not required to make a
formal recommendation on the variance, but it would be good to forward your unofficial
recommendation to the City Council.
Newton-Huckabay: So, with that said, do you want us to state our specific reasons for
recommending that the variance be granted, since that's the only thing the staff is not in
agreement with or may we just leave it off of the motion?
Watters: Just leave it off of the motion.
Newton-Huckabay: Okay. Okay. Commissioner O'Brien, you can proceed as originally
intended.
O'Brien: Okay. Should I just start over then?
Newton-Huckabay: I think so.
Watters: Let me just add to that. You can -- you can add your comments on the
variance and, then, proceed to the motion, if you --
Newton-Huckabay: Okay.
O'Brien: Okay. After considering all staff, applicant and public testimony, I move to
recommend approval to the City Council of file numbers AZ OS-003 and CUP 08-00~, as
presented during the hearing of March 20th, 200$.
Marshall: I second it.
Newton-Huckabay: All those in flavor? Opposed? Motion carried.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Item 7: Continued Public Hearing from February 21, 2008: AZ 06-063
Request for Annexation and Zoning of 38.68 acres from RUT and R-1
Meridian Planning & Zoning
March 20, 2008
Page 8 of 57
zones to C-G zones for Waltman Prouerty (aka Browning Plazas by
Waltman, LLC - 505, 521, 615 and 675 Waltman Lane:
Item $: Continued Public Hearing from February 21, 2008: PP 08-001
Request for Preliminary Plat approval of 52 commercial /office lots and 1
common lot on 38.21 acres in a proposed C-G zoning district for
Brownin Plaza aka Waltman Pro ert by SLN Planning, Inc. - 505,
521, 615 and 675 W. Waltman Lane:
Newton-Huckabay: I'd like to open the continued Public Hearing from February 21st,
2008, AZ 06-063 and PP 08-001, the Waltman property, aka Browning Plaza. And
before we start with the testimony from staff, we do have some comments from the city
attorney.
Baird: Thank you, Madam Chair, Members of the Commission. Just a quick note. This
matter was continued for specific items, but we did received an inquiry from the public
about the applicant's presentation and there may be a desire on behalf of those present
to testify to matters that they may not have had a chance to testify at the last hearing, so
we just wanted to let the folks that are here know if you have anything -- everything is
already on the record, there is no reason to repeat anything that's been said, but if you
have a desire to put anything else on the record, we are going to allow that tonight, just
as a -- as a courtesy. So, if that -- that's what we all got to say at this point.
Newton-Huckabay: Thank you, Ted. Applicant -- or Sonya.
Wafters: Thank you, Chairman Newton-Huckabay, Commissioners. Just to recap real
quick; the site consists of 38.68 acres of land and is currently zoned RUT in Ada
County. The site is located on the south side of Waltman Lane, east of The Landing
Subdivision, on the north side of Interstate 84. This is an aerial view of the property.
This is a conceptual site plan showing how the property may develop in the future. This
is the proposed preliminary plat, which consists of 40 commercial building lots and two
common lots on 38.21 acres. This is the landscape plan and, lastly, these are the
conceptual building elevations that represent haw future buildings on the site may
appear. These were submitted at the last Commission hearing and have been entered
into the staff report as part of the record. When the Commission previously heard the
subject applications on February 21st, at that meeting the Commission voted to
continue the project until tonight's meeting in order to have sufficient time to obtain
comments from ACHD and to give the applicant time to review the development
agreement provisions recommended by staff. The applicant submitted a written
response to the original development agreement provisions proposed by staff. Staff has
updated the development agreement provisions in Section 10 of the staff report,
including some of the requests by the applicant and has met with the applicant to
discuss these changes. The applicant submitted another written response to the DA
provisions that you should have, based on the updated provisions made by staff. On
February 25th, city and ACHD staff met with the applicant to discuss traffic issues in this
area. During that meeting the current access limitations and long-term solution for
Meridian Planning & Zoning
March 2D, 2008
Page 9 of 57
traffic in this area was discussed. A loop frontage road was briefly discussed, but it was
not considered a viable option due to the state's plan for the new westbound on-ramp
onto I-84. This new on-ramp will take a substantial portion of the property due east of
the subject site. ACRD and city staff both expressed an interest in having Corporate
Drive extended to the north to connect with southwest 5th Avenue. If this connection is
made, a viable secondary access to the site will be established. A solution that ACHD
staff offered up to get the Corporate - 5th connection made, but not put the entire
burden on the application, unless to enter into the development with the development
agreement with the developer to establishing an extraordinary impact overlay district in
this area. If an extraordinary impact area is established, the developer of the subject
property, in concert with ACRD, would build the Corporate Drive extension and any
other necessary roadway improvements. And, then, reimbursed through extraordinary
impact fees that are generated as buildings are constructed in this area. Unlike ACHD
staff, however, city staff believes that the corporate drive extension should occur prior to
another 8,000 vehicle trips being added in this area, not after. City staff continues to
believe that the extension of Corporate Drive to the north across the Ten Mile Lateral is
a critical roadway improvement in this area that should be constructed sooner, rather
than later. Staff is recommending that no more than 75,000 square feet of gross
building area be allowed before the Corporate -Southwest 5th connection is made.
Staff recommends that the Commission decide what roadway improvements and
development agreement provisions should be included with this development. I'm just
going to run through the development agreement provisions that staff has modified
since the last hearing. Construction traffic for the purpose of infrastructure
improvements is going to be allowed during the construction related to the Waltman
Lane -Meridian Road -Main Street intersection as requested by the applicant. Staff is
allowing up 75,000 square feet of gross building area prior to the extension of the
Corporate Drive across the Ten Mile Creek connecting to Waltman Lane prior to
occupancy of structures on this site. Also, certificate of zoning compliance application
will not be approved for any structures on the site that exceed the total allowed square
footage for the site until Corporate Drive is extended. All buildings on the site shall be
generally consistent with the conceptual office and retail elevations submitted with this
application. Staff has added the last part, unless the development agreement is
modified by the developer once actual users are identified. The applicant requested
that addition be made to it. Staffs in agreement with that. Staff modified the provision
for -- except for a potential hotel site at the southwest corner. Offices shall be
constructed along the west and north -- staff added northwest boundaries of this site.
There in that corner adjacent to the residential properties as a transitional use to the
existing residential uses, unless the adjacent uses are changed into nonresidential
uses. Anew provision was added -- restaurant uses proposed along the north
boundary of the site, excluding the northwest corner directly adjacent to existing
residences, of which restaurant uses are not allowed -- restaurant uses are not allowed
to have outdoor seating areas located adjacent to Waltman Lane and residences to the
north, unless the adjacent uses are changed into nonresidential uses. All structures
along the west and north property boundaries adjacent to existing residences shall be
limited in height to two stories. Staff added to that: And shall have a minimum setback
of 25 feet adjacent to the existing residences, unless the adjacent uses are changed
Meridian Planning 8 Zoning
March 20, 2008
Page 10 of 57
into nonresidential uses, with the exception of the proposed hotel. If a hotel is built at
the southwest corner of the site, as depicted on the concept plan, a 25 foot setback
shall be required for the first story, a hundred foot setback shall be required for the
second story, and a 2p0 foot setback shall be required for anything greater than two
stories adjacent to existing residences. Structures along the west and northwest
property boundaries directly adjacent to residences shall position the second story --
and we added and higher in the case of a hotel -- windows in such a manner as to not
have these directly into neighboring residential properties. StafF also added the
provision for no rear loading areas, delivery areas, trash areas, or obtrusive lighting
shall be permitted adjacent to existing residences on the west and north praperty
boundaries. Minimum -- and we changed the provision. A minimum of 15 buildings -- it
said should. Staff changed that to shall be required on this site. Development of this
site shall be generally consistent with the conceptual site plan submitted with this
application, as determined by the planning director. Staff added unless the
development agreement is modified by the developer once actual users are identified.
Prior to issuance of the first occupancy, a ten foot wide multi-use pathway shall be
constructed at the northeast corner of the site. Staff added as depicted an the concept
plan and as approved by the parks department on the east side of the Ten Mile Draln.
Construct a maximum of five access paints to Corporate Drive as shown on the concept
plan. Staff added unless the development agreement is modified by the developer once
actual users are identified. That concludes the development agreement modification.
Staff added a preliminary plat condition of approval for a maximum of five access points
to Corporate Drive. A collector road shall be allowed as depicted on the concept plan.
And the building elevations that were submitted from the last hearing has been included
in Exhibit A-5 of the staff report. Written testimony on this application was received from
Art Berry. At this time staff will stand for any questions the Commission may have.
Newton-Huckabay: Any questions?
O'Brien: Yeah. Madam Chair, I have a question for Sonya. Something I have been
thinking about -- the applicant is not allowed to build or bring in heavy equipment before
Corporate Drive is completed or the intersection of Waltman Lane and Meridian; is that
-- so, that's correct?
Wafters: Chairman Newton-Huckabay, Commissioner O'Brien, Commissioners, staff
changed the DA provision to allow construction traffic far the purpose of infrastructure
improvements to be allowed during the construction related to the Waltman t_ane -
Meridian Road -Main Street intersection.
O'Brien: So, we are talking about dump trucks and bull dozers and things like that?
don't know.
Wafters: Whatever construction traffic is needed for the purpose of infrastructure
improvements.
Meridian Planning & Zoning
March 20, 2008
Page 11 of 57
O'Brien: The reason I bring that up, because if it was going to happen, I just wondered
if you could build a temporary access road -- could I have the overhead of the site -- the
-- I don't know what you call it -- Google site. Well, this -- that would be fine. Yeah. So,
we are talking about here of excess traffic and this intersection is going to be rebuilt and
Corporate Lane is going to be extended, but I don't know the time frame that Ada
County or the state's going to improve this on-ramp and could there not be an access
road, temporary one, built alongside this area? Has that ever been considered?
Wafters: Well, the applicant -- excuse me. Chairman Newton-Huckabay, Commissioner
O'Brien, Commissioners, the applicant will need to obtain permission from those land
owners --
O'Brien: Oh. Okay.
Wafters: -- to do that. I don't know that they would want construction traffic on --
O'Brien: I was thinking more about the right of way that the state was going to use
anyway until they get that finished and I don't know what the time frame is on that. So,
that's -- it's just a wild thought, so --
Hood: Madam Chair, Commissioners, if I may -- and the applicant could probably
enlighten a little bit more. We met with ACRD, as Sonya mentioned, although she kind
of went through those -- there is really not a lot of changes, but there were some details
that have been added since the last time. The temporary access, ACHD assured us --
and I'm sure they told the applicant the same thing, only with some more details, that
they can allow those bigger construction traffic type trucks in and out of there while they
are reconstructing an intersection. How, I don't know, but they said they would work
something out to allow them that construction traffic to maneuver. I don't think it's in the
movements that you just kind of outlined, though. I would imagine it's going to be
something closer to the intersection and getting them back and using Waltman Lane to
get them into the site, rather than sending them through the state's property, but I don't
know that. I didn't see that plan. I did want to highlight one quick thing, though. This
doesn't have anything to do with your -- with your question, but I did want to explain a
little bit more, because I was at the meeting and Sonya wasn't and I covered this last
time at the presentation. That same meeting that we had with ACHD, I just wanted to
explain a little bit of this extraordinary impact fee overlay and kind of how that works and
why I personally think it's a great opportunity for the entire area to -- to get some
roadway improvements up front and not have them lag behind or potentially never
happen. Essentially, what happens is in this case this applicant would be charged with
working with ACRD and ACRD told me -- or told us all at that meeting that they would
work with this property owner on acquiring some of that right of way or all of the right of
way needed for the Corporate Drive extension. Essentially, what happened, though, is
the applicant fronts all the money for whatever construction is going to be included,
whether it's just this or improving all of Waltman Lane, so it connects through and you
have a finished street or maybe there is other roadway needs in the area, whatever
ACRD and the applicant and the city all say, yeah, this is what we want to see grouped
Meridian Planning & Zpning
March 20, 2D08
Page 12 of 57
in with this area. And what happens is, again, they front the money and if the market
slows, the applicant, you know, has to pay all that money up front and they are out that
money. But as anyone within this geographical area comes in, they pay above and
beyond what their regular ordinary impact fee is to the highway district. It's an
extraordinary impact fee. And ACRD, basically, tracks all this and collects that fee and,
then, hands it over to the applicant. So, basically, they're administering this fee in
making sure that the applicant gets paid back in time their fair share. Now, they still
have to pay their fair share, too, so the buildings that come in within their development
are still subject to this, but, in fact, they are credited back. But that's kind of in a nutshell
how it works. They administer it, they oversee it; they review the construction drawings
and do those types of things. But the monetary costs are associated with the developer
who up fronts the cost and, then, over time are reimbursed. So, I just kind of wanted to
give you just abrief -- and I probably butchered it, but that's the general idea of how
they function and what staff, again, thinks is a viable solution to make this happen and
not put all of the costs -- there is some burden, don't get me wrong, they have to up
front those costs, but it spreads it out over a larger geographical area where everyone is
paying their fair share. So, I just wanted to explain that real quick.
O'Brien: Thank you very much. I have no further questions.
Marshall: Madam Chair, I did have a -- what I think is more of a legal question
regarding the potential DA and the comment about unless the adjacent uses are
changed into nonresidential uses. I understand the purpose behind it, but what I
wonder is if those residential areas are purchased, does that null and void everything
that comes before it? There is no --
Baird: Madam Chair and Commissioner Marshall, if I could ask you to sort of give me
an example of what your concern --
Marshall: Well, it's used multiple times throughout the DA and so I read restaurant uses
are proposed along the north boundary of this site, excluding the northwest corner
directly adjacent to the existing residences of which restaurant uses are not allowed. Or
not allowed to have outdoor seating areas located adjacent to Waltman Lane and
residences to the north. Unless the adjacent uses are changed into nonresidential
uses. I can understand that if there is no longer a residence there we don't have to
worry about a restaurant there, but it just seemed that that comment used over and over
again seemed to throw out any control over how that developed.
Baird: Madam Chair, Commissioner Marshall, Members of the Commission, the way
that I would interpret that is that if and when the residential use goes away, then, that
only adds additional flexibility, it doesn't take away from anything that's been done
before. Say there is a restaurant there that goes in -- if it's allowed, if I understand it
correctly, while there is resident adjacent, then, there wouldn't be any outdoor seating.
If the adjacent residence went away, that restaurant could conceivably came in and get
approval for outdoor seating. I think that's the flexibility they are trying to build in, so
that the applicant -- or whoever is the owner, doesn't have to come in every time there is
Meridian Planning & Zoning
March 20, 2008
Page 13 of 57
an owner change on the adjacent properties to have the DA updated, because updating
a DA is a pretty onerous process and I think we are just trying to foresee what could
happen in the future, build in some flexibility, but I don't think it nullifies anything that has
happened prior to that.
Marshall: Okay. Thank you.
Baird: Is that a sufficient explanation?
Marshall: Thank you.
Baird: I was getting nods from staff as well. I hope they are agreeing with that
interpretation.
Newton-Huckabay: Okay. Any other comments? Would the applicant like to come
forward?
Nickel: Good evening, Madam Chair and Commission. Shawn Nickel, 6228 Discovery
Way, Suite 200, in Boise, here tonight representing the applicant. We want to thank
you for the additional month to get with staff and ACRD and try to work out these -- well,
the laundry list that we had that we left with last time. Did you all receive my March 18th
letter'? Okay. All right. And as you can see -- and Sonya went through the items of the
development agreement in detail, but just wanted to point out -- and I try to highlight
them in red and make them as user friendly as possible. But, as you can see, we are in
agreement with the majority of the conditions now that staff is recommending. We still
have some issue with two of them and so I'll go into those real fast and, then, we can --
we can open discussion. The first -- the first issue -- and I do appreciate Caleb kind of
bringing you up to speed on the history of that meeting we had with ACHD. So, I think
that was important for you guys to understand what -- what happened. However, staff is
recommending that a limit to the square footage of the construction on site until the
Corporate Lane connection is established and, again, we would like to have your
condition be consistent with ACHD's condition, which staff did read into the record, but
basically at a certain vehicle trip threshold that would kick in the requirement for that
Corporate Drive to be extended. We are excited about ACHD working with us on that
possible extraordinary impact fee and I think that's -- that's something that we can work
with. You have seen it in a couple other locations. One is ofF of Eagle Road, Mountain
View, and Allen Street. Now, that you're there, they had the same type of impact fee --
extraordinary impact fee established where those projects developed -- I think it was --
think it was Allen and Mountain View were improved and that allowed that area there to
-- to develop with a McDonald's, with the credit union, and all those other uses that you
see there now. So, that was -- that's an example of the extraordinary impact fee in play.
And, then, the second -- second and only additional condition we'd like modified or at
least bring up for discussion is the condition -- staff still feels that they do not want to
see any of retail uses on this west boundary, they want to limit it to office only and at our
last meeting we got into a little discussion on, well, what type of uses would be there if
we did allow some retail. Our idea is to have it be neighborhood type retail and so what
Meridian Planning & Zoning
March 20, 2008
Page 14 of 57
we -- what we have done is we have proposed a couple of things for each night. One is
-- and if you can look at that -- that bullet in the red outlining that I have, we have
proposed --
Newton-Huckabay: Excuse me. Shawn?
Nickel: Yes.
Newton-Huckabay: I'm sorry. I don't think I have that letter. I'm not finding it. I thought
that I had read everything.
Nickel: There is something that I had given to the clerk a couple days ago.
Marshall: I received it in a fax, but I don't have it with me.
Newton-Huckabay: Okay. Sorry to interrupt you.
Nickel: That's okay.
Newton-Huckabay: Is that the only copy of it? Okay. Can you go make --
O'Brien; I apologize you don't have that, because it's probably hard for you guys to
follow me if I'm referring to something you don't have in front of you.
Marshall: I went to the source. I went to Sonya and she sent it over to me, so --
Nickel: Okay. So, basically, what we are -- if you want me to continue until that comes
back.
Newton-Huckabay: That would be fine.
Nickel: What we are -- what we are asking for is to have some limited retail uses on
that -- on that western boundary. Staff has indicated that they want to keep it strictly
office. What we are proposing is two things. One is to prohibit drive-thrus, drinking
establishments, businesses that would operate after 10:00 p.m. and, then, restaurants
or food establishments would only be allowed as a Conditional Use Permit. And, then,
in addition -- and staff has put this in later on, no rear loading areas, delivery areas,
trash areas or obtrusive lighting would be allowed. That's one proposal. The second
proposal, which is a little more -- I think might be a little bit better, might be what you
were looking at last time is to establish specific uses. So, what I did is I went ahead and
included the -- if you had that list, the list of uses in the C-G zone and we took out the
ones that we felt were not compatible with residential. And I can either read those all to
you or you can wait for a couple minutes until Machelle gets back and you can look at
that --and you can look at that list.
Newton-Huckabay: Let's wait for the letter.
Meridian Planning & Zoning
March 20, 2008
Page 15 of 57
Nickel: So, those are the two recommended conditions in the development agreement
that we would like to discuss this evening and we can open up that dialogue -- I'll go
ahead and stand for any other questions you have right now and, then, we can open up
the rest of the Public Hearing.
Q'Brien: I just have a question about some of the issues that I know are going to came
up in that is increased traffic and noise and trash collection, et cetera, if you have a
restaurant in there or anything that's retail of that nature is going to -- and I think this is
what I heard before from the community, saying this is going to be a problem and they
don't want to have that kind of problem and I kind of agree with that. So, I don't know if
that is a viable suggestion or not if that's going to -- going to work.
Nickel: Madam Chair and Commissioner, that's why we are proposing these conditions,
so you would -- you would -- Sonya, can you put the site plan back up. So, again, you
have a -- you'd have a building here. What we would do is we would establish, no
matter what that building is, office or this limited retail, would not have any parking, trash
pickup, lighting, loading, anything along the back side. So, if there was a use that was
going to go in there, it would all be handled internally. You would have landscape buffer
and, then, you would have the building itself. That's one -- that's one way to take care
of that compatibility issue. And, then, if you look at the list that I'm proposing, you can
see the list that we use for that we have taken out altogether that we don't feel are
appropriate that you -- it would be impossible for us to bring in or to try to -- try to
transition those into a residential use, so --
Marshall: Madam Chair?
Newton-Huckabay: Yes.
Marshall: I have got a quick question. Shawn, could you refresh my memory here on
the recommendation about an 80 percent build out or 75,000 square foot maximum.
Was that conditional on the build out of Waltman Lane or Corporate Drive or Waltman
Lane and Corporate Drive?
Nickel: I guess I'll let staff elaborate on that.
Wafters: It's and Caleb's telling me.
Newton-Huckabay: And.
Marshall: So, it would be limited until such as -- such time as Waltman Lane and
Corporate Drive would be built out.
Newton-Huckabay: I understood nothing would happen until Waltman Lane was under
construction.
Meridian Planning & Zoning
March 20, 200$
Page 16 of 57
Nickel: The -- okay. It's the -- the intersection of Waltman Lane. Nothing can happen,
other than utility construction on our site until the Waltman Lane intersection is
completed.
Marshall: Right.
Nickel: Then, additionally, as staff has it written, only 75 percent of -- or excuse me --
75,000 square feet can be built on site before Corporate has to be extended.
Marshall: And the ACRD recommendation was 80 percent limiting to 8,000 vehicle trips
per day down Waltman Lane.
Nickel: They actually said 8,000 vehicle trips, because they are basing it on the traffic
study and the --
Marshall: Which was a maximum 10,500 vehicle trips per day at build out.
Nickel: Right. Correct. Correct. And that comes out to about 80 percent of the
development with our calculations.
Newton-Huckabay: So, what's the difference between the 75,000 square feet and 8,000
vehicle trips?
Hood: Madam Chair, maybe I can try to answer that one a little bit. I guess it's the
difference between us as city planners trying to track how many trips a retail or
restaurant or office user is going to generate. First is us looking at a site plan with
elevations and a floor plan going this is how big the building is. I don't know haw many -
- how many buildings or square footage 8,000 trips is. ACRD expects us to track that
and say, hey, stop at 8,000. I have no way. I'm not trained to do that and we can't,
essentially. They have offered something up and I asked them that at the meeting, how
are we supposed to know when we get to 8,000. They said, well, track it. I was like
don't know how to track that. So, that's why we put into a measure that it's certain -- let
me just put it in some terms of 75,000 certainly isn't going to generate 8,000 trips,
unless it's just -- I don't think a movie theater generates that. So, I mean you're talking
it's not -- it's a very small portion of what ACRD is willing to allow. My thinking --
Sonya's thinking in talking with her about it was it allows them to get going with some --
some building, but we don't want them to get 80 percent and, then, say, well, we are at
80 percent, we can either spend a million or two million dollars and build the road or we
can stop now and not and already have it 80 percent built out. So, 80 percent or 8,000
trips -- to me there is no carrot there for the developer to follow through and get
Corporate Drive extended. That's way too much. You're too far down the line to now
say, whoa, stop now and build it. I just don't see it happening, quite honestly, at 8,000
trips. So, with 75,000 you get a little taste of a development. If you want more, then,
you have got to get that infrastructure, really, that can support more. So, that's kind of
our -- our thinking and just how we can -- if we are going to administer this or some
restriction on it, we need it to be on our terms, so we can -- whatever it is, square
Meridian Planning & Zoning
March 20, 2008
Page 17 of 57
footage for us works. We can track that. If you guys want to modify that, that's fine.
But we need something that we can work with, not vehicle trips per day.
Wafters: If I could just add to that a little bit. I spoke with Matt at ACHD and he said
that ACRD figures 8,000 trips is -- 8,000 trips is, basically, equivalent to approximately
267,000 square feet of commercial area. So, that gives you some comparison idea of
their requirement versus ours.
Newton-Huckabay: Which would make this about 320,000 square feet at build out?
Wafters: I'm sorry?
Newton-Huckabay: It would be about 320,000 square feet total?
Hood: If it were all commercial. Now, there is certainly office and hotel and those are
going to generate traffic at different rates than each other, so retail generates a little bit
more, so that may be that 280,000 or whatever she just said, you know, could be any
combination of 100,000 square feet of office and 200,000 square feet of retail and
75,000 square feet of restaurant or whatever to get to that. So, we just said again, for
us easy tracking, whether it's restaurant or office or retail -- square footage.
Newton-Huckabay: Okay. Well, you answered my question. What I wanted more than
anything was a perspective an what 75,000 square feet means to city staff and what
8,000 vehicles trips per day means to you and the difference is about 195,000 square
feet of space to build, so --okay.
Nickel: And, again, we are real concerned with having conditions placed on a piece of
property that has out -- or has off-site improvement requirements that we have no
control over. So, even though ACHD is saying, yeah, we will work with the neighbor to
the north and we will try to get that connection, it's really hard for us to get a developer
to come in that wants to invest anything, not knowing, you know, if we can get that --
that access to Corporate Drive -- or through Corporate Drive. So, that's the concern we
have. This is something you guys have to, obviously, weigh out and make as part of
your recommendation to the City Council. Given that, if we have to come up with a
number, I would rather have something closer to about 150,000 -- and the reason I'm
throwing that number out there is that that would provide the anchor tenant to be able to
come in, because until you get an anchored tenant, the chances of a smaller user
coming are probably not going to be that great. I think the anchor tenant's going to --
and we don't even know what that is. But the anchor tenant is going to come in, they
are going to establish that, they are going to start building, and I think that's going to
draw in your -- our other users. So, we haven't really talked about this with staff, but if
you have to put a limit on the square footage, that would be our -- I guess our -- you
know, as opposed to 75,000, we'd like to at least have something that the anchor could
go in and start -- and start construction. So, you guys are going to have to make that
decision. I'll just leave that with you to discuss.
Meridian Planning & Zoning
March 20, 2008
Page 18 of 57
Newton-Huckabay: I just have one -- or go ahead, Commissioner O'Brien.
O'Brien: Oh. Madam Chair, I have a question fior Caleb. Caleb, when you attended
that meeting with Ada County Highway District, did they factor in the residential uses?
In other words, people that live in the residential areas that bypass this operation, that
still use the highway as -- and, basically, add to the congestion, I mean it seems like
that number is so supertluous that it would be difficult at best to guess what the number
would be.
Hood: And I missed the very first part of that, but I think I heard what you're saying is
that 8,000, basically, just this site or does it include background traffic as well. Because
I think that was something that the applicant bought up and if I heard ACHD correctly at
that meeting, that 8,000 trips -- it isn't just for their site, it's any of the properties further -
- closer to Meridian Road coming in and they, too, have to go through Waltman Lane.
They are going to limit anyone going down Waltman Lane to 8,000 trips. So, those --
they don't even own those 8,000 trips if it gets approved at 8,000 trips. It's anyone.
And if someone builds a residential subdivision back there and they have to go through
Waltman Lane, it's 8,000 trips total. They just happen to be in first, so that's how it was
explained to me.
O'Brien: Thank you. Appreciate that. I have nothing further.
Newton_Huckabay: Mr. Marshall, did you have another question before we take public
testimony?
Marshall: I don't at this time, no.
Newton-Huckabay: Okay. Shawn, I just had one question. I made a note when you
first came up that you were really excited and okay with the extraordinary impact fee
potential with ACRD and, then, I heard you say that you didn't want to make any outside
improvements at the end of your testimony.
Nickel: We are not -- I mean we are not there yet with ACRD and this is something that
they have said that they are -- you know, they have got it written in. We don't have the
details yet and we don't know the area that the -- the boundary that this would cover.
It's something ongoing and so I can't stand up here and say that --
Newton-Huckabay: Do we want to continue this until you get that worked out?
Nickel: It's not something that's going to be done at anytime soon. I mean it could take
-- it could take a year for them to -- for them to establish it. And we are excited that they
are looking at that, because what's going to happen is I think you're going to see
Waltman be improved -- improved quicker and you're probably going to see Corporate
be improved quicker. That gives a basis for that to happen, but, again, this developer
has to -- has to front that cost and, then, as other development comes into the area,
then, it will be -- it will be reimbursed.
Meridian Planning 8~ Zoning
March 20, 2008
Page 19 of 57
Newton-Huckabay: Uh-huh. Okay. That was my only -- do you have any other -- before
public testimony?
Nickel: No. Just thanks -- thanks a lot.
Newton-Huckabay: Kathy Floyd.
Floyd: Hello. My name is Kathy Floyd. I live at 520 Waltman Lane. And I'm a little
concerned about the no loop or frontage road and the only reason it seems like that
were being given is because it's going to be widened, but it doesn't need to be right next
to the exit. I mean it's not going to be widened to the whole property. So, I think that's
kind of a weird reason. And the second thing is -- another concern I have is it seems
like the city or -- I don't know who it is -- is kind of bending over backwards to help this
development go in. I did a little research as far as the split corridor and two years
before this developer bought this land it was going to be under three million dollars to do
basically the same thing, except not open Waltman -- put Waltman further from the
intersection. When the -- when this was bought by the developer it now has jumped to
15 million and I think that seems kind of strange. I mean I know our costs rise, but I
don't think they rise like that much. And, then, I think it was strange that Joe Borton,
who was on the City Council when that was proposed and approved, was representing
the developer. I think seems a little bit conflict of interest. And secondly or thirdly ar
fourthly -- I don't know where I'm at, but --
Newton-Huckabay: Fourthly.
Floyd: -- the -- Waltman Lane is a one lane road and even when my brother was
building his house you couldn't put cement trucks aver the bridge, because it can't
handle that. So, for anything to be built on Waltman Lane, you have to have Corporate
in place, you have to have Waltman Lane in place before anything can be done. So,
that's all I have to say.
Newton-Huckabay: Thank you. Nona Haddock. Okay. From the audience Nona
Haddock's concerns have been covered. Donna Aldridge.
Aldridge: My name is Dvnna Aldridge. I live at 365 Waltman Lane. And I think I'm the
oldest person down there. I have been there for aver 40 years and it's been so peaceful
and quiet and this is going to be a nightmare. The road, like you say, they opened that
up about 25 years ago when they built that bridge aver on the other side there and that
traffic -- you couldn't even get out of my driveway. They had to have the police down
there, they had to have that little wagon down there and that traffic was just like a bunch
of wild horses set free. So, if it was that much, people coming through there at that
time, who do you think is going to be when they put this development in? It's going to be
a nightmare. I think that they ought to come to the people and try to make something
right with them. Like I said, I have been there 40 years and I have a lot of memories
there and if they widen that road they are going to have to take my well, they are going
Meridian Planning & Zoning
March 20, 2008
Page 20 of 57
to take my whole yard, half my yard, my well and everything and that's not fair. Like I
said, I have been there 40 years and that's my home.
Newton-Huckabay: Thank you. Mike Swenson.
Swenson: Mike Swenson. 815 Waltman Lane. I think what -- I have got a number of
concerns. The main one is that we have been kind of left out of the loop. We have had
one meeting for the development that, you know, with very bad pizza and maybe six
people showed up type of thing and, then, we haven't heard anything about this since
that. Well, like, oh, there is a meeting, you know, you really need to go. My neighbor
had to tell me that this meeting was here tonight. Our -- our -- right now the -- getting
onto Meridian Road is a death trap. You know, I just can't imagine being able to do
anything until you improve Meridian -- you know, that interchange and that -- we were
told when we moved in 16 years ago that we were going to -- not to worry, they are
going to build Corporate through. Well, you know -- you know, so you won't have to
worry about that death trap kind of thing. Well, that hasn't happened and, you know,
putting equipment down that road, which is a really Mickey Mouse kind of road. I mean
Mr. Waltman built it that should tell you something. I think this whole thing is kind of ill
thought out and I think there needs to be same more input.
Newton-Huckabay: Thank you. Curtis Lee.
Lee: Curtis Lee. 265 Waltman Lane. I just want to -- kind of the same thing everybody
is saying. That bridge will not handle big trucks, cement trucks going over it. It's just a
little one lane bridge from a one lane road. So, that's impossible for that to happen.
And the corner is supposed to be getting done. We are on one side -- we had
developers on one side of this, another developer behind us, and the city owns property
behind that developer and, then, the Browning Plaza on the other side of us by the drain
ditch. The developers need to get together with the city, because they own that land,
and make a frontage road back there and it wouldn't affect any neighbors, there would
be no traffic. They just got to talk to the other developers and the city and do it. That
overpass has been in, what, the 20 year plan, so, you know, things could change in 20
years. So, that's all I got.
Newton-Huckabay: Mr. Lee, are you referring to the Meridian overpass or Linder --
Lee: The Meridian overpass. It supposedly is going to be a big loop tee do, but it's not -
- and no immediate plans, so it's way out in the future. But you'd have to talk with the
other developers to use their land fior a frontage road, but they should be having a
frontage road also, because they are developing right -- they already got a sign up there
wanting businesses to come in there as soon as that corner's done. So, all the
developers should be together and make a frontage road with the city through their
land.
Newton-Huckabay: Thank you. No one else has signed up to testify. Is there anyone
else who would like to come forward? Please state your name and address.
Meridian Planning & Zoning
March 20, 2008
Page 21 of 57
Larcher: Joe Larcher. 740 Waltman Lane. I was here, in fact, on February 12th -- or
21st, whenever it was, our last time we were talking about this. I am the own of the
property where Corporate needs to go through and I remember Chairman David Moe
saying make sure that I get involved in any Ada County Highway District meeting. I
wasn't involved. No one notified me. No one called. Knew nothing about the new
proposals. Again, if they are going to build Corporate Drive, you think one person they
want to talk to would be me and I have had no conversations whatsoever with anybody.
And I just want to stress the concern on construction vehicles on Waltman Lane, the
bridge -- again, we have had a few people say if they are going to bring construction
vehicles down there -- that bridge -- Steve Cooper lives across the street, 755 Waltman
Lane, I think, he had to stop bringing his dump trucks dawn, because of the bridge
limitations, the weight limitations that are on that bridge. So, Ada County Highway
District should know what those weight limitations are. I think they are the ones that put
the limitations on the bridge. So, construction vehicles over that bridge I don't think will
be allowed by Ada County Highway District. So, I just wanted to state those concerns.
Thanks.
Newton-Huckabay: Thank you, Mr. Larcher.
Haddock: My name is Rob Haddock. I live at 650 Waltman Lane. It's I guess going to
be the future corner there of Corporate and Waltman, that square shaped property. I
have got a lot of the same concerns that have been addressed already. My major
concern is just opening up the road to the subdivision to the -- to the west. You know, if
you do that you're going to get your car count whether you develop that property or not,
because the only way those people have to get out is through Linder right now. You
know, if those people want to go shopping at Winco or Home Depot, you know, they are
shooting up Waltman and like Donna mentioned earlier when that was open when they
were building that subdivision, it was -- it was crazy. So, I think, you know, the only
thing I agree with so far is that nobody knows the timing of this. I heard the Ten Mile
exchange was going to be completed in 2007. You know, we are here in 2008, they
haven't even begun. And so to -- you know, I think we are just premature on the whole
thing. If the Waltman exchange was in, I think we'd have something to talk about.
Where it's not, you know, I think this is all premature. Like Joe said, you know, no
conversations on Corporate. So, you know, I see a lot of unanswered questions. I
haven't seen a development agreement. I'd like to be involved in that. Don't see a lot of
buffer or transition space. It's a concern. You know, right now we might have -- we
have got five neighbors west of me on a dead end lane. Talking 8,000 vehicle count,
you know, on a busy day we might see 20, you know. And so those are my concerns.
The green light still -- oh, yellow.
Newton-Huckabay: No, you're still -- Manifest Destiny here.
Haddock: But, anyway, there are probably other things I want to say, but that's all I can
think of right now. And I think if the Ten Mile interchange did go in, you know, I'd Ilke to
see those -- that subdivision funneled through to Ten Mile and have that be their
Meridian Planning & Zoning
March 20, 2008
Page 22 of 57
secondary access, because, you know, even for the development I couldn't see, you
know, businesses wanting that kind of residential traffic shooting through their
businesses. So, from both sides I think that's a lose to connect that -- that subdivision
entrance, so thank you for your time.
Newton-Huckabay: Is there anyone else that would like to testify? Would the applicant
like to rebut?
Nickel: Thank you, Mr. -- or Madam Chair.
Newton-Huckabay: It's your first time too, uh.
Nickel: Sorry about that. And Commission. To address some of the concerns of the
neighbors -- and we do -- you know, we do want to work with them and assure them of
a few things. First of all, the bridge will have to be built. That's one of the first things
that's going to have to be rebuilt before we can bring, you know, heavy equipment
across the creek. So, that is something that will have to be taken care of as part of our -
- part of that first phase of the -- of the infrastructure, when the infrastructure has to go
in. And one thing to point out is that -- and, again, we do -- we do understand the
concerns of the neighbors, particularly over here. But also to point out that this property
is zoned commercial. It is designated for commercial uses. So, not that they are going
to be, you know, forcibly taken from their properties, but as this area develops per the --
per the city plan, there is going to be a change from residential to commercial. That's
what the city has already established. And so I just want to paint that out. And, again,
the intersection of -- this intersection right here has to be -- it's a condition and we have
understand this from the very beginning, that that has to be built before we can start
construction of any -- of any buildings, any structures on site. All we have asked for
though ACHD and through your staff is the allowance that once this starts building --
and we are probably not going to start our construction until this gets started, because
that's the only time frame we can work on is -- you know, when we are going to have
this completed. Otherwise, we will sit there until that development is -- or until this
development -- or this construction is finished. And so we will plan on doing that when
that construction is started. So, again, no construction of structures on our site or uses
or additional traffic until that intersection is built.
Newton-Huckabay: I think we can all agree, Shawn, .you have nothing to sell without
that intersection.
Nickel: True. Which brings me to my next point. We understand the situation with
Waltman and the fact of the matter is until Waltman gets approved -- I mean our future
users are not going to want to have amulti-million dollar development with a goat trail
leading back to it. So, we do understand and that's -- and I think that's why ACHD is
helping us with the extraordinary impact fees, because we understand that Waltman is
going to be -- is going to need to be improved. We are doing it on the property that we
have control over. We have no control over the Waltman -- outside of our -- outside of
our boundaries. There is a 50 foot right of way there now, but that's not enough for the
Meridian Planning 8 Zoning
March 20, 2008
Page 23 of 57
ultimate improvements that you're going to see on Waltman and so that right there is
going to hamper same of that. But, again, we are confident that that is going to be a
different looking road when we are -- when we are -- when we have got uses in there.
And, again, just for clarification, the state owns this property, not the -- not the city. So,
the city has no control over this and we have seen or heard of several different
construction options for this property and, unfortunately, ITD, it could be 20 years out.
But, eventually, they are going to do something and they are not going to want to buy
land -- develop land and tear things down to get their -- whether it's a -- whether it's a
sweeping on-ramp or it's a cloverleaf of whatever, they have got plans and that's why
they have that property set aside. Regarding Mr.-- is it Larcher? I don't want to butcher
your name. Sorry. We have met with Mr. Larcher one time, my client and I, early on
and ACHD has every intentions of meeting with them once they figure out the
extraordinary impact boundary and so he's not being purposely left out of any
conversations, it's just that we have -- we are not to that point yet, so to clarify that.
And, then, finally, the comment about connecting Ruddy Street -- this is Ruddy right
here coming out of the -- the subdivision. I mean that's a requirement that's being put
upon this development. Trust me, if we could just block it ofF, we'd love to, because we
could completely redo our -- our site plan. But because of the development, because of
the requirements of interconnectivity through the highway district and through the city,
that is a requirement that we build that -- that connection to take it through our
development. So, with that I will stand for any questions you have.
Newton-Huckabay: Shawn, I have one. Mrs. Aldridge made acomment -- Mrs.
Aldridge made a comment about the road improvements would run into her yard and
her well. Can you clarifiy that?
Nickel: I can't. I don't know where her well is. If it's -- if her well is in the right of way
right now --
Newton-Huckabay: Is all of the right of way on the property -- the development to
improve -- the road you're going to be improving -- that will be improved on the Waltman
-- the end of Waltman that you will be improving?
Nickel: Yes. Is all our property.
Newton-Huckabay: So, on your property.
Nickel: Yes. From this -- from this point aver is our property.
Newton-Huckabay: And there is also a 20 --
Nickel: I believe their house is -- are you guys right here? Okay. Yeah. So, we have
no intentions right now of disturbing their wells or -- well or anything.
Newton-Huckabay: Commissioner O'Brien.
Meridian Planning & Zoning
March 20, 2008
Page 24 of 57
O'Brien: I had a question, Madam Chair. Shawn. So, what would be a solution if there
would be an impact on these -- on the residences disturbing their -- their property, their
well, their yard -- I mean is it eminent domain or what?
Nickel: Well -- I mean that's going to be up to ACHD and they have got a 50 foot right of
way in place right now, so --
O'Brien: That goes into their property?
Nickel: I believe they have some improvements that -- there is trees, there is probably -
- Idon't know about your well, but those things will all be worked out. They are not --
ACRD is not just going to go in there -- or we are not just going to go in there and cut
someone's well off and leave them high and dry. So, these are all things that will have
to be worked out with the highway district within that existing right of way. Now, if
ACRD at some point in the future wants to expand their right of way, that's something
that they would -- they would do.
O'Brien: Okay. So, it's just -- I have a question for staff. What is the transition or what
kind of transition is normally required between a build out like this at a residential area?
thought there was supposed to be mare of an open space ar more of a transition with
light office somewhat more designated than what they have here.
Wafters: Madam Chair, Commissioner O'Brien, Commissioners, the zoning ordinance
requires a 25 foot wide landscape buffer to residential uses. The Comprehensive Plan
does encourage, you know, a transition in uses -- you know, to residential uses and
commercial properties. So, you know, we would prefer to have an office use as a buffer
to residential use between a higher intense commercial use and the residential uses.
O'Brien: Okay. Thank you. I have nothing more.
Nickel: And if I could elaborate on that. That is our intention as well and that's why I'm
trying to build a set of conditions for those -- for those future uses on the west, because
we want -- we want the same thing and we feel that if -- if you have got the same buffer,
the same fencing requirement, you don't allow anything back in the back of those
buildings like storage, trash compactors, loading, anything like that, that you could have
retail uses or commercial uses on there that would be compatible like an office building
would. And whether that's done as a Conditional Use Permit, which if you look at that
list, a lot of those uses would be conditional use, therefore, it would still have to come
back in for a Public Hearing. You guys would review those, at that time you could look
at lighting, you can look at light whether a wall is needed, additional landscaping, you
know, look at lighting, things like that. So, we are not just asking for cart blanche, we
are asking for definite restrictions and we will abide by those, but we don't want to just
flat out say, you know, no other uses besides office on that boundary, because we feel
that we can make a compatible use over there.
O'Brien: Okay. Thank you.
Meridian Planning & Zoning
March 20, 2008
Page 25 of 57
Newton-Huckabay: Commissioner Marshall.
Marshall: I have no further questions.
Newton-Huckabay: Okay.
Marshall: Would you like me to make a motion that we close the Public Hearing?
Newton-Huckabay: I believe so.
Marshall: Okay. If I can find the numbers here. I move that we close the Public
Hearing on AZ 06-063 and PP 08-001 and CUP 08-002 at this time. No? Did I get the
wrong one?
Newton-Huckabay: No. You went one ahead.
Marshall: Sorry. Just the -- excuse me. Let me rephrase that. I move that we close
the Public Hearing an AZ 06-063 and PP 08-001. I will stop there.
O'Brien: Second.
Newton-Huckabay: All those in favor? Opposed?
MOTION CARRIED: THREE AYES. TWO ABSENT.
Newton-Huckabay: Okay. Discussion?
Marshall: Yes.
Newton-Huckabay: We have lots of issues.
Marshall: I have some thoughts and concerns. Namely dating back, number one -- first
one is to the Comprehensive Plan. This area is zoned commercial, it is going to go
commercial. I -- and it should. It's in an area that is close to the downtown, close to the
interstate. Eventually, as times change, this is something that the community over a
long period of time has looked at and years developed that Comprehensive Plan and
have decided that is a commercial -- that should be a commercial area. But, that being
said, the Comprehensive Plan also alludes to transitional uses and I think we have
referred to that several times tonight. The transitional uses are to buffer incompatible
uses and we use terms incompatible uses because high intensity commercial uses are
obtrusive to residences. They are not compatible. It's not in the best interest of the
residences to have high intensity of traffic next door. So, even though this site is zoned
commercial, I still strongly feel there needs to be a transitional use between the
residences both on the west and along the north, along here, and that transition, even
though not nearly the size I would like to see it, needs to be something there. And it
Meridian Planning & Zoning
March 20, 2008
Page 26 of 57
needs to be a lower intensity use. Therefore, the next step dawn is office -- office
space. I don't believe that retail is an appropriate use next door to residences. I also
have a concern with the hotel next door to residences. Naw, I have heard some --
some very persuasive discussion about -- from staff concerning a hotel next to an
interstate, next to residences, but, again, I understand a hotel is not nearly as traffic
intense as retail, but the time of the day that that traffic happens is at a time when you're
at home. For the people living along here, even though they are very close to the
interstate, the interstate is a white noise. Yau -- your reticular formation in your brain
turns it off after awhile. You stop hearing it. Car doors, people yelling across the
parking lot, you gat the kids, things like that, when they are traveling at 2:00 a.m.
coming in, are things that alert the brain and wake you up in the middle of the night.
They are things that I don't want next door to me when I'm sleeping, when I'm eating
dinner, when I'm trying to relax in the evening. That's why professional offices are
appropriate to be next to residences, because they close up shop at 5:00 ar 6:00 o'clock
when I come Name. When I come home to my -- my house they are leaving, so the
place next door is quiet. Now, yeah, you're going to have higher intensity here fairly
close by, but the buildings help buffer some of that sound. The distance and the
buildings and things like that buffer that. And the fact that the interstate is close by,
white noise will stop some of that. So, I have serious concerns about any retail along
that area and I have concerns about putting a hotel up against that area. I would like to
see this area developed with -- with high quality commercial, but yet, again, I would
think that we can move this and put office space along these areas and still move the
hotel back over here in the intensity retail back up here where it's still somewhat visible
to the interstate, still visible to Meridian Road, but still allows a buffer zone all along here
of office. That's one concern I have. The other concern I have is infrastructure and
Waltman Lane. I understand that this bridge will build out first. It has to or you can't
get in and even build this. But the traffic -- right now there is a traffic count on Waltman
Lane of approximately 500 vehicle trips per day, according to Ada County Highway
District. They say that this road is designed for 10,000 vehicle trips per day. I don't
necessarily agree with that, you know, I -- that's maximizing that road to absolute
potential. I mean you would have a significant amount of traffic through there. I believe
that infrastructure needs to be in place and especially both Waltman Lane and
Corporate Drive. Now, that -- this also needs to connect and part of the reason for the
connectivity here is for emergency services. Both the fire department and EMS want
that. They want to be able to get into the back side of this subdivision. The idea that
there are many ways out, many ways in, is a tenant of new urbanism and neo-
traditianalism that we are trying to embrace. That being said, that will significantly add
to the traffic count on Waltman Lane and I am very concerned that not only the traffic
coming through here, which we are requiring, it needs to be there, it needs to -- we
need to have that connectivity, but that additional traffic, with the traffic generated from
this commercial development, I feel will overwhelm Waltman Lane immediately and
without Waltman Lane built out and without Commercial Drive, I don't think the
infrastructure there is -- is there to support it. And one other more minor issue was that
I would have liked to have seen the bike path or the pathway here cross over the creek
and come down this side. If you're going to have a large retail facility here, I would like
access to it without having to ride my bicycle or walk through the entire parking lot for a
Meridian Planning ~ Zoning
March 20, 2008
Page 27 of 57
quarter mile -- it's not a quarter mile, but a very significant distance. I'm not going to
ride there with my bicycle and my kids or walk with my kids along the pathway to get
there if I have to spend the last full portion of it through the parking lot and I would have
liked to have seen -- even though this is now -- I understand that the city is expecting
this to continue on the west side, I believe. But I would have -- on the east side. Yeah.
Excuse me. Yes. The city is expecting to continue on the east side, but I would have
liked the developer -- the applicant to have offered up an additional path along the east
side. That's not a deal breaker to me, but I think that's good design. The issues I have
are, number one, infrastructure and, two, the transitional uses. Those are my concerns.
Newton-Huckabay: Commissioner Marshall, regarding the applicant's letter and their
level on the bullet regarding square footage and build out square footage would be
equal trips per day, do you have his specific opinion on whether you would stick with the
city's 75,000 square feet if you're not -- do you want to take a position on that? Because
we will need to address that -- unless you're going to vote against the property in its
entirety, we need to address that.
Marshall: I could not support the ACRD contention that this can support 8,000 vehicle
trips per day.
Newton-Huckabay: Okay. Would you support a compromise of 150,000 square feet of
build out or the city's 75,000?
Marshall: Well, I would stick with the city's 75,000.
Newton-Huckabay: Okay. Commissioner O'Brien.
O'Brien: I agree with a lot of the things that Commissioner Marshall had mentioned.
The two bullets I have are traffic -- control traffic and the transition. I don't particularly
care far the layout myself. I think the hotel is in the wrong place. And maybe even the
big box. Maybe it could be turned 90 degrees. I'm not sure how that would work. But
think we definitely need a better transition between this development and the residential
area. Of course, I don't know -- if the hotel is built it has to be 200 feet further back
anyway from the existing buffer. So, that gives you something, if that's -- if that works
with -- with the city. I think that would be okay, but right now it shows it pretty close.
And was that correct, Sonya?
Wafters: Madam Chair, Commissioner O'Brien, Commissioners. The condition reads
that a 24 foot wide setback -- or a 25 foot setback is required for the first story, a
hundred foot setback is required for the second story, and a 200 foot setback is required
for anything greater than two stories adjacent to existing residences.
O'Brien: 50, it looks to me like this -- this isn't shown or drawn 200 feet from that --
okay. Okay. Of course, that would interfere with that big box, too. So, I would think
that there would have to be some redrawing here for -- for us to look at to see -- forme,
anyway, to see if this thing would work. As far as the congestion and traffic, I think in
Meridian Planning 8~ Zoning
March 20, 2008
Page 28 of 57
the long run I think it's still going to be a considerable -- considerable problem
downstream if this whole thing gets built out. I just -- I just have a concern and I don't
know how to address it or to say, hey, this -- maybe this whole thing shouldn't even
happen. I don't know. Maybe this is the wrong use for this, although the
Comprehensive Plan says it's okay. Again, I think that the big problem is -- is the traffic
and it's going to end up at -- mostly at Meridian -Waltman Lane at some point and I just
don't know how it can be addressed. Those are my main concerns. I think --
Newton-Huckabay: Commissioner O'Brien, you don't think requiring the extension of
Corporate Lane and no development until the Meridian Road -Waltman intersection is
improved and a new bridge addresses any of the traffic concerns?
O'Brien: I think -- my feeling is this: If they improve both of those -- the Corporate Drive
and Waltman Lane all the way through without the development happening at all, it's
going to be crowded. That's my feeling. I think it's going to be congested just with
those. You add a development like this in there and I think you're going to compound it.
Newton-Huckabay: Well, what would you put in there?
O'Brien: I have no idea. But I think that putting -- get out of residential homes. I don't
know, it just doesn't seem like it's -- I don't know. It just seems like it's way back in the
corner somewhere and we are creating a maze that maybe isn't the right fit for this
particular corner.
Baird: Madam Chair?
Newton-Huckabay: Yes.
Marshall: May I?
Newton-Huckabay: Commissioner Marshall.
Marshall: I do support this development. It's going commercial. It's going to be
commercial. This is a proper use for it. What I don't support is retail in along the
transitional areas and I don't support a build out until the infrastructure is there. If we
can get the infrastructure there first, as staff has recommended, I would be supportive of
building that. But the infrastructure I believe needs to be there first. So, I think 75,000 -
- Iknow that -- and Ikeep -- I harken back to the request for 150,000 and I -- I am not
sure how many vehicle trips per day that would generate. I'm worried about that,
because I know we are going to have a significant number coming from the subdivision
over here and if they were allowed the anchor tenant enough square footage to put in
the anchor tenant -- he's right, economically you have gat to have somebody big to be
able to draw the other people in. I don't think a loop road -- I would love to see a loop
road, but I don't think it's feasible based on the ownerships and the properties that are
available. I would love to see it, but Idon't -- that's never going to happen. This
property just will never build out then and as the city grows is a very appropriate use, as
Meridian Planning & Zoning
March 20, 2D08
Page 29 of 57
determined by the Comprehensive Plan. It is shown to be a very appropriate use for
this. Again, though, I lean back to the Comprehensive Plan. I don't want to see any
retail uses up against residential. And I still have a concern about a hotel up against
residential. I find it unfortunate that we have placed a commercial property right up
against a residential in the land use plan, yet this is an appropriate area. It's unfortunate
we didn't have the Comprehensive Plan in place prior to that residential area being built
out, because it could have -- we could have had a larger office area or something like
that as a buffer. Again, we are beyond that. That's already -- we are already passed
that. I still think the infrastructure needs to be there and if we can -- if we can say that
the infrastructure is going to be there first, how much though, as in 75,000 and the
request for 150,000, is going to give them one box store, the one big box. And they
have got to have the tenant to pull the rest in. Can I -- we are not open for public
discussion. Can I ask staff a question, Chairman -- Madam Chair'?
Newton-Huckabay: Ted, I forget the rules on that.
Baird: I know the answer is yes. I'm just debating on whether we should open the --the
hearing, so that whatever is said is on the record, because once you close the hearing
it's really for you deliberation. So, I would just encourage you to move to reopen the
hearing and ask the question.
Newton-Huckabay: Okay. Can I -- I want to make one -- ask a question of
Commissioner Marshall. I just want to get my head around where we are going with a
motion. You're in agreement with the staff report, with the exception of transitional uses
on the west and the east.
Marshall: West and north.
Newton-Huckabay: The west and north.
Marshall: Northwest and west.
Newton-Huckabay: Northwest and west. Okay. And Commissioner O'Brien, you are
not in support of the project at all?
O'Brien: No, I didn't say that.
Newton-Huckabay: Okay.
O'Brien: I said -- you know, ifi I had my druthers before this whole thing goes, I probably
would have said, okay, let's vote on this, I maybe wouldn't have voted on it, but I have to
agree with -- like I said, with the Comprehensive Plan, this is fine, this is a good use,
and in answer to your question about the amount of build that could happen before the
finishing of Corporate Drive and Waltman Lane and the intersection, I think those two
things should be completed before any build out at all, just to make sure that we have
covered all our bases here and we have a better understanding on what's going to
Meridian Planning & Zoning
March 20, 2008
Page 30 of 57
happen. I don't know if that would make any difference or not, but Ithink --Ithink it
would cause undue duress I think if we went into -- if we didn't do that as far as getting it
all built out first and try to -- to do all the other things that they need to do to build this.
Newton-Huckabay: 50, you're saying no development until Corporate Drive and
Waltman are built out.
O'Brien: Yes. That's what I'm saying.
Newton-Huckabay: Rather than the 75,000 square feet. Okay. I want to make a
couple comments and, then, Commissioner Marshall, if you still have your question of
staff we will reopen the Public Hearing at that time. I, myself, do not necessarily have
an issue with retail uses along the western edge of this property. Ithink that a
compromise of no traffic, trash compactors, and that type of thing on the west side is
appropriate. I have gone through the list that the applicant has given us and I'll read a
few of them for the benefit of the public of what would be permitted -- what they are
proposing would be permitted uses and what they are proposing would be with
conditional use permits. A Conditional Use Permit being, of course, they'd have to
come back in for a public hearing. Animal care facility. Artist studio. Arts and
entertainment and recreation facility indoors. A church. Let's see. Education, such as
a private education institution. A bank. A health care or social service office. A hotel or
motel would be with a Conditional Use Permit, as I read through this. A laundromat
would be a permitted use. Personal or professional service. Public utility. Restaurants
would be by CUP only. A retail store on their list would be a permitted use. Ithink a
possible compromise would be that we could qualify a retail store as a Conditional Use
Permit and that would have to came back through and give neighbors opportunity to
comment on that. We have an overwhelming lack of representation of neighbors to the
west at the last two hearings that we have had on this to comment on what they would
like to see there. One thing that always amazes me when these kind of developments
come through is we make a broad assumption that the patrons of this are going to come
from 60 miles away to trade at this facility. I mean anyone who -- who builds or opens
their businesses here is going to be looking for those neighbors around them to support
the business that they do, which in the general aspect of the city cuts down vehicle trips
everywhere. It may increase them in your area. Sa, I mean there is -- there is some
trade off there. You don't have to drive as far to go to the grocery store or the bakery or
what have you. So, I mean there is -- there is some benefit to providing retail within
walking distance of neighborhoods. So, to eliminate all use of retail on the -- on the
west to northwest of this, I don't think it's appropriate. Ithink it's appropriate to give
neighbors a comment, a method by which to comment on what will be going in and
have their opinion heard. So, I would be in support of possibly any development being
subject to a Conditional Use Permit in there. That would be my stand on that. I guess
I'd have to get the rest of your opinion on that. As far as the Corporate Drive
extraordinary impact fee, I would say that we need to stick with the staff report on that.
think that's a critical piece. Of course, the Waltman Lane build out is already in there.
guess both of those are already in there. So, that would not change. The only other
question that the applicant is not in agreement with the staff report is the percentage of
Meridian Planning & Zoning
March 20, 2008
Page 31 of 57
build out that would be allowed prior to the Corporate Drive situation having to be
resolved. I think that the Corporate Drive scenario is going to solve itself by design,
because it's going to be very hard to market this piece of property without access to it.
It was stated that 8,000 vehicle trips per day is approximately 267,000 square feet of
commercial space. I think that 150,000 square feet of commercial space -- 125 to 150, I
think that would be a fair compromise on that. But I -- it's not a deal breaker for me. I
think that your -- like I said, you're going to have a hard time finding someone who
wants to purchase and build on this if it's not desirable for them and access -- and
access is huge for anybody who is building or opening a business and so I think that it's
going to force -- it's going to force the issue to resolve access here. So, that said,
guess my only -- my change as a compromise would be I would suggest a CUP for all
properties on the west and northwest, as a compromise between the developer and the
city, so nothing could go in there. Hotels next to residential, I think that's something that
the residents need to be able to comment on. Some people -- you can build a hotel with
no windows on the side of the building that folks live on and that may be -- for some
residents that may be more appropriate to them than having some type of retail facility
next to them. I think -- I think it's inappropriate to make that decision at this paint. A
hotel may be an appropriate use.
O'Brien: Madam Chair, regarding the CUP requirement, are you suggesting that's only
far the retail applications or just -- and leaving out light office or -- right now it says light
afFice and Ithink --
Newton-Huckabay: Right now, you know, it's zoned -- it's a C-G zone. Anything retail is
a principally permitted use in a C-G zone.
O'Brien: Okay.
Newton-Huckabay: We could -- you know, the -- where is my notes? The applicant was
recommending that we prohibit drive-thrus on the west and northwest, that they would --
there would be no bars, no one could be open after 10:00 p.m., and that a restaurant
would be by CUP. So, we can either go with the CUP -- any business on the west that
was a principally permitted use in the C-G zone or we could go with any retail
establishment would be a CUP.
O'Brien: Okay.
Newton-Huckabay: Would be our compromise. Commissioner Marshall, did you wish
to reopen the Public Hearing and ask a question of staff?
Marshall: No. I think I recall an answer earlier that we don't know how to determine
how many vehicle use trips per day that would generate and I think that's where my
comment was going was square footage to vehicle use trips per day based on square
footage and I don't believe we are going to be able to answer that. So, I think I'm going
to have to make my best guess on that.
Meridian Planning & Zoning
March 20, 2008
Page 32 of 57
Newton-Huckabay: Well, I think vehicle trips per day is a statistic, so based on your
faith in a statistic you will have to go as square foot -- square footage build out is an
actual data point that could be easily determined.
Marshall: Well, my point being -- my point being that we were concerned about the
vehicle trips a day and that we cannot correlate an exact ratio between the square
footage and the numbers that that generates and that's --
Newton-Huckabay: But we are estimating this entire -- this entire property to be
approximately 320,000 square fleet of commercial space. 300,000. 400,000 square
feet of commercial space. So, 75,000 square feet is a small portion of that. Eighty
percent.
Marshall: Right. My consideration being 75 or 150. Not $0 percent. I'm not even
considering 80 percent at this time. And I'm thinking between 75 and 150. Right now
it's staffs recommendation of 75,000 square foot. Mr. Nickels made the comment that
150,000 would at least allow them to get an anchor store in there, which I agree, you're
probably not going tv get a Ivt of small tenants in there without a big draw ticket in there.
agree that a big draw ticket is going to want Corporate Drive finished out, but, then,
again, they could -- if they -- things happen and if it's not finished out, I am very
concerned of going beyond that, because you're going to have -- you're going to create
a significant number of vehicle trips per day simply by putting that road through and,
then, you're going to add to that significantly with a large anchor store. How do we
determine how many vehicles trips per day that creates? We can't. I would like to see
this area developed in a manner that is as least obtrusive to the neighbors as we can,
but still allow the development. It needs to go commercial. I'd like to see anice -- I
think it's good for the city to see a good commercial development go in here. It's an
appropriate location, as we have determined over time, so --
Newton-Huckabay: Commissioner Marshall?
Marshall: -- again, I'm struggling with the 150,000 versus 75,000 square footage are the
two numbers that I've heard and I'm still in my mind grappling with the retail
establishments -- a Conditional Use Permit could be acceptable --
Newton-Huckabay: We are going to have to -- we are going to have to --
Marshall: Make a decision.
Newton-Huckabay: You're going to have to just jump in.
Marshall: Yeah.
Newton-Huckabay: Yeah. We are going to have to make a recommendation.
Meridian Planning & Zoning
March 20, 2008
Page 33 of 57
O'Brien: I'm in favor of 150 minimum for -- to start with on this. I think we do have to
have a number somewhere. I think everything else would be just a guess anyway, so --
Newton-Huckabay: Okay. What about -- then, the only thing left on the table we are
going to have to make a call an is the west and northwest uses.
O'Brien: They only show two buildings there right now on the west side. But, of course,
that's -- we don't know what retailer ar whatever is going to be going in there. Maybe
we limit it to just one retail and the rest light office. I don't know if that would satisfy the
applicant or not. As far as the north side, I don't have a problem with what is designated
right now by staff.
Newton-Huckabay: Well, as the chair -- in normal circumstances I would make the
motion at this point, but I don't believe I can.
Marshall: Okay. So, I'll take a stab at it. All right. Appreciate your patience with me.
I'm pretty new at this, sa -- okay. After considering all staff, applicant, and public
testimony, I move to recommend approval to the City Council of file numbers AZ 08-063
and PP 08-001, as presented in the staff report for the hearing date of March 20th,
2008, with the following modifications: First, that a CUP be required far all uses on the
northwest and west edges of the property and that buildable space be limited to
150,000 square foot until such time as both the intersection of Waltman Lane is
finished, the bridge at Waltman Lane is finished, and Corporate Drive is extended.
Does that cover it?
Newton_Huckabay: I think the intersection at Waltman Lane and Meridian was -- is a
condition of the entire project. So, it's redundant, I think. Just -- Ted will that have an
issue?
Baird: Madam Chair, I don't believe so.
Newton-Huckabay: Okay.
Marshall: Okay. So, I'd say end of motion.
Baird: End of motion.
Marshall: End of motion.
Wafters: Excuse me, Madam Chair, Commissioner Marshall, can I clarify your motion.
Did you mean to require Conditional Use Permit for office uses along the west boundary
and northwest corned?
Marshall: No, not office uses. Thank you. Thank you. Haw can I go back and clarify
this.
Meridian Planning & Zoning
March 20, 2008
Page 34 of 57
Newton-Huckabay: You can restate your motion. I think our options here -- in my
opinion the only thing that is at question is a retail use or a restaurant use. The
applicant is offering up to -- I think we should accept their recommendation of prohibiting
drive-thrus, drinking establishments, and businesses with hours of operation exceeding
10:00 p.m. and that restaurants or food establishments can be allowed through a
Conditional Use Permit. That no rear loading areas, delivery areas, trash areas, or
obtrusive lighting would be allowed. Additional -- and, additionally, retail uses would be
allowed through Conditional Use Permit.
Marshall: Thank you. Yes.
Newton-Huckabay: And to qualify as the hotel or motel --
Marshall: Thank you for the help. I appreciate that.
Newton-Huckabay: Does that help?
Marshall: Let me try this again. Okay. Yes. Okay. Can I start over with the -- do
need to start aver at the beginning?
Newton-Huckabay: Yes.
Marshall: Okay. Start over at the beginning. After considering all staff, applicant, and
public testimony, I moved to recommend approval to the City Council of file numbers AZ
06-063 and PP 08-001 as presented in the staff report for the hearing date of March
20th, 2008, will the following modifications: Concerning the properties on the northwest
and west edge of the property, limit uses to allow some retail along the western and
northern boundaries. Prohibited uses would be drive-thrus and drinking establishments
and businesses with hours of operation exceeding 10:00 p.m. Restaurants --
Newton-Huckabay: Would not be allowed.
Marshall: I'm sorry?
Newton-Huckabay: Would not be allowed.
Marshall: Would not be allowed. That's prohibited. And businesses with hours of
operation exceeding 10:00 p.m. Restaurants or food establishments could be allowed
through a Conditional Use Permit. I would like to say all retail establishments --
Newton-Huckabay: Would require a conditional use.
Marshall: Would require a Conditional Use Permit. No rear loading areas, delivery
areas, trash areas, or obtrusive lighting would be allowed. Additional restrictive uses
could also be listed -- oh. Including that construction be limited to 150,000 square foot,
until such time as Corporate Drive is extended through. End of motion.
Meridian Planning & Zaning
March 2D, 2D08
Page 35 of 57
Newton-Huckabay: Sonya, are we clear there?
Wafters: I believe so.
Newton-Huckabay: Okay.
O'Brien: Second.
Newtan-Huckabay: All in favor? opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Newton-Huckabay: Okay. That's the end of that hearing.
O'Brien: Can we take five?
Newton-Huckabay: Yeah. We will take a ten minute break.
(Recess. )
Item 9: Continued Public Hearing from March 6, 2008: CUP 08-002 Request
for Conditional Use Permit for a drive through establishment in a C~G zone
within 300 feet of another drive through facility for Sonic Southern
S rp iings by Boise Food Service - 1870 South Meridian Road:
Newton-Huckabay: I'm going to open the Public Hearing on CUP 08-002, request for a
Conditional Use Permit for adrive-thru establishment in a C-G zone within 300 feet of
another drive-thru facility for Sonic Southern Springs by Boise Food Service at 1$70
South Meridian Road. Take staff.
Parsons: Thank you, Madam Chair Person, Members of the Commission. The
application before you tonight is a Conditional Use Permit to allow adrive-thru
establishment within 300 feet of another drive-thru establishment and existing
residential zoning district. Design review approval is also requested for the purpose --
for the proposed structure and site, because of its location adjacent to an entryway
corridor Meridian Road. The subject site is located on Lot 11, Block 1, of Southern
Springs Subdivision No. 2 near the southeast corner of Meridian Road and Overland
Road. The property is bordered on the north by Southern Springs No. 1 and No. 2,
zoned C-G and L-O. To the east is Running Brook Estates, zoned R-4. To the south is
Southern Springs No. 2 and 3, zoned C-G. And to the west is Elk Run Subdivision,
zoned R-8. One thing -- I'll move to the site plan -- or the aerial here. You can see --
it's kind of an old picture, but directly to the north there are -- those are where the
adjacent drive-thru windows are for the other businesses. So, apologize for that. This
lot and this lot here. And, then, here is your residential subdivisions. One other thing I'd
like to point out is this is -- staff got this revised site plan on Tuesday and I did transmit