2016 07-07Meridian Planning and Zoning Commission Meeting Agenda – Thursday, July 07, 2016 Page 1 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting.
City Council Chambers
33 E. Broadway Avenue, Meridian, Idaho
Thursday, July 07, 2016 at 6:00 p.m.
1. Roll-call Attendance
__O__ Patrick Oliver _O___ Rhonda McCarvel
__X__ Gregory Wilson __X___Ryan Fitzgerald
__X___ Steven Yearsley - Chairman (via tele)
2. Adoption of the Agenda Approved as Amended
3. Consent Agenda Approved
A. Approve Minutes of June 23, 2016 Planning and Zoning
Commission Special Meeting
B. Findings of Fact and Conclusions of Law for Approval For
Touchmark Cottage Units (H-2016-0058) By Touchmark at
Meadow Lake Village Located at S. of E. Franklin Road and E.
of S. Eagle Road on the N. Side of E. Putter Lane and E. of S.
Touchmark
4. Action Items
A. Public Hearing for Harmony Hills Assisted Living (H-2016-
0063) by Derk Pardoe Located at 1521 and 1529 S. Tech Lane
Public Hearing Continued and Re-Noticed for August 4, 2016
Planning and Zoning Commission
1. Request: Conditional Use Permit for an Assisted Living
Facility on 1.72 Acres in a C-G Zoning District
B. Public Hearing for Linder Pet Medical Care (H-2016-0064) by
Robert Ormond Located at 3150 W. Sheryl Drive Approved –
Prepare Findings of Fact and Conclusions of Law for Approval
1. Request: Conditional Use Permit for an Animal Care
Facility on 0.31 of an Acre in an L-O Zoning District
MERIDIAN PLANNING AND ZONING
COMMISSION MEETING
AGENDA
Meridian Planning and Zoning Commission Meeting Agenda – Thursday, July 07, 2016 Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting.
C. Public Hearing for Velvet Point Subdivision (H-2016-0068) by
Mussell Construction Located East of S. Locust Grove Road
Between E. Time Zone Drive and E. Lake Street Recommend
Approval to City Council with Modifications – Schedule for
August 16, 2016 City Council Meeting
1. Request: Combined Preliminary/Final Plat Approval
Consisting of One (1) Building Lot on 0.19 of an Acre in the
R-4 Zoning District
D. Public Hearing for Silverstone Apartments (H-2016-0058) by
DevCo, LLC Located at 4225 E. Overland Road Recommend
Approval to City Council – Schedule for August 16, 2016 City
Council Meeting
1. Request: Amendment to the Comprehensive Plan Future
Land Use Map to Change the Land Use Designation on
25.97 Acres of Land from Medium Density Residential to
Mixed Use Regional and to Change the Land Use
Designation on 42.18 from Boise's "Suburban"
Comprehensive Plan Land Use Designation to Medium
Density Residential
2. Request: Annexation and Zoning of 14.41 Acres of Land
from the RUT to the C-G Zoning District
3. Request: Conditional Use Permit for a Multi-Family
Development Consisting of 312 Dwelling Units in the C-G
Zoning District
Meeting Adjourned at 6:50
Meridian Planning and Zoning Meeting July 7, 2016
Meeting of the Meridian Planning and Zoning Commission of July 7, 2016, was
called to order at 6:00 p.m. by Commissioner Ryan Fitzgerald.
Members Present: Chairman Steven Yearsley (telephone), Commissioner
Gregory Wilson and Commissioner Ryan Fitzgerald.
Members Absent: Commissioner Rhonda McCarvel, and Commissioner Patrick
Oliver.
Others Present: Machelle Hill, Andrea Pogue, Bill Parsons, Josh Beach and
Dean Willis.
Item 1: Roll-Call Attendance:
Roll-call
__X___ Gregory Wilson __ __ Patrick Oliver
__ __ Rhonda McCarvel __X__ Ryan Fitzgerald
__X__ Steven Yearsley - Chairman
Fitzgerald: Good evening, ladies and gentlemen. At this time I would like to call
to order the regularly scheduled meeting of the Meridian Planning and Zoning
Commission for the hearing date of July 7th, 2016. Let's begin with roll call.
Item 2: Adoption of the Agenda.
Fitzgerald: First up on the agenda is the adoption of the agenda. We have one
change with Harmony Hills, H-2016-0063, to be continued to August 4th. With
that change can I get a motion?
Wilson: Mr. Chair?
Fitzgerald: Commissioner Wilson.
Wilson: I move we adopt the agenda as amended.
Yearsley: Second.
Fitzgerald: All those in favor? Opposed? Motion passes. Thank you.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Item 3: Consent Agenda
Meridian Planning & Zoning Commission
July 7, 2016
Page 2 of 20
A. Approve Minutes of June 23, 2016 Planning and Zoning
Commission Special Meeting
B. Findings of Fact and Conclusions of Law for Approval
For Touchmark Cottage Units (H-2016-0058) By
Touchmark at Meadow Lake Village Located at S. of E.
Franklin Road and E. of S. Eagle Road on the N. Side of
E. Putter Lane and E. of S. Touchmark
Fitzgerald: Let's move to the Consent Agenda. We have the approval of the
minutes of June 23rd, 2016, Planning and Zoning Commission, and the Findings
of Fact and Conclusions of Law for approval for Touchmark Cottage Units, H-
2016-0058 by Touchmark at Meadow Lake Village -- excuse me -- at Meadow
Lake Village. Are there any changes to the Consent Agenda or any comments?
Mr. Yearsley?
Yearsley: I have none. Mr. Chair?
Fitzgerald: Yes.
Yearsley: I'm going to move we approve the agenda -- or the Consent Agenda.
Wilson: Second.
Fitzgerald: I have a motion and a second to adopt the Consent Agenda as
printed. All in favor say aye. Opposed? Okay. Motion carries. Thank you.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Fitzgerald: So, as we get started tonight, go through a couple of processes for
tonight, we are going to open each item on the agenda. The first one we are
going to open just to continue it to the next meeting, but after that we will start by
the staff report. They will present their findings regarding how the items adhere
to our Comprehensive Plan and Uniform Development Code with staff
recommendations. After staff has completed their presentation the applicant will
come forward to present their case for approval, their application, and respond to
any staff comments. The applicant will have up to 15 minutes to do so to make
their presentation. After that, then, we will open it up to the public hearing. If
anybody wishes to testify on behalf of a homeowner's association, they will have
an extended period of time of ten minutes period of time. We would ask that the
people that they are representing don’t also come up to present. After that the
applicant will have a chance to rebut their testimony and anybody else that's
speaking individually will have three minutes to speak and you will see the lights
up here kind of give you a warning when to wrap it up. After the audience has
had a chance we will, obviously, invite the applicant to come back up an d
respond to any comments and, then, we will close the public hearing and the
Meridian Planning & Zoning Commission
July 7, 2016
Page 3 of 20
Commission will deliberate after that and so we will hopefully be able to make a
motion and move this on to Planning -- or the Council for a decision.
Item 4: Action Items
A. Public Hearing for Harmony Hills Assisted Living (H-
2016- 0063) by Derk Pardoe Located at 1521 and 1529 S.
Tech Lane
1. Request: Conditional Use Permit for an Assisted
Living Facility on 1.72 Acres in a C-G Zoning
District
Fitzgerald: And now regards -- Josh, do I kick this thing? Oh, you know, what,
we are moving to the opportunity to open the public hearing for Harmony Hills
Assisted Living H-2016-0063, for continuation to August 4th. Could I have a
motion?
Wilson: Mr. Chair?
Fitzgerald: Commissioner Wilson.
Wilson: I move we move Harmony Hills Assisted Living CUP H -2016-0063 to
August 4th.
Yearsley: Second.
Fitzgerald: Any comments or -- okay. All those in favor say aye. Opposed?
Motion passes. Thank you.
MOTION CARRIED: THREE AYES. TWO ABSENT.
B. Public Hearing for Linder Pet Medical Care (H-2016-
0064) by Robert Ormond Located at 3150 W. Sheryl
Drive Approved –
1. Request: Conditional Use Permit for an Animal
Care Facility on 0.31 of an Acre in an L-O Zoning
District
Fitzgerald: Moving on. I will open the public hearing on Linder Pet Medical Care,
H-2016-0064 by Robert Ormond and we will start with the staff report.
Parsons: Thank you, Mr. Chairman, Members of the Commission. I'm filling in
for Mrs. Watters this evening. She was the assigned planner on the project. The
project before you this evening is for a conditional use permit to -- for a veterinary
Meridian Planning & Zoning Commission
July 7, 2016
Page 4 of 20
clinic in the L-O zoning district. The site is currently zoned L-O and is vacant
ground that was rezoned in 2004. In 2013 the Planning and Zoning Commission
and City Council approved an application for a rezone of this property from the L-
O zoning district to the TN-R zoning district to allow for the construction of a four-
plex on the site. The developer at that time did not move forward with executing
the development agreement and so that rezone never happened. So, the
property still remained L-O as it was originally approved in 2004. To the north of
this property is a church use, zoned R-4. To the east we have Tiburon
Meadows, which is zoned R-4 and R-8 single family homes. To the south is an
existing church as well, zoned L-O, and, then, across to the west we have Ten
Mile Road and Albertson's shopping center. The applicant is here this evening to
discuss the proposal of constructing an approximately 4,300 square foot
veterinarian clinic on this 0.31 acres of land in an L-O district. Before you this
evening is the site and landscape plan that they have proposed for the site.
Along Ten Mile Road the applicant is required to construct a 25 foot wide
landscape buffer along the north boundary. Because that is a nonresidential use,
there is no requirement for a buffer. Along Sheryl Drive, which is on the south
boundary, is a requirement for a ten foot land use buffer and, then, because the
property abuts a residential use on a shared boundary between the east -- on the
east boundary, they are required to provide a 20 foot wide landscape buffer. The
submitted site landscape plan that's before you this evening -- where that 20 foot
wide landscape buffer is proposed adjacent to that residential use, the applicant
is proposing a solid six foot tall fencing and this will also be the area to be used
for recreation of the animals. Under the specific use standards for animal care
facilities the animals are to be under supervision at all times during their term --
their time outside, so the applicant will -- and the owner will have to have
somebody out there monitoring the animals, so that they don't impact the
adjacent neighbors. One of the items that we brought up in the staff report is in
this animal area the applicant is proposing artificial turf. One of our conditions in
the staff report was requiring the applicant to vegetate that. Under the UDC the
applicant does have the ability to seek alternative compliance and work with staff
to come up with an alternative, if you will, and so he can do that at staff level as
he moves through the process this evening. One other item that I'd like to point
out to the Commission this evening is the number of parking stalls on the site.
As proposed this evening the site does meet the current UDC standards. In our
staff report staff was concerned with the amount of parking that was on the site
and so in our discussions with the applicant it is their intentions to reach a shared
parking agreement with the church to the south and they are under those
discussions. So, one of our conditions of approval for this project is that they
submit that shared parking agreement with their CZC application. As you are
aware, the applicant will be required to go through design review as well and so
the elevations tonight depict a mix of building materials, wood siding, stuc co and,
then, some stone accents as well and, again, this is generally consistent with the
design manual, but final -- further refinement or further study will happen when
they come in for design release, so we will make sure it adheres to the design
standards and the architectural design manual when they come in for their CZC
Meridian Planning & Zoning Commission
July 7, 2016
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application. Staff did receive written comment from the applicant. He is in
agreement with all the conditions of approval, except for the one that requires the
artificial turf along the east boundary. So, again, they are amenable to the
condition, they just want the opportunity go through that alternative compliance.
So, we have it written that way, to have them seek the alternative compliance or
educated per code. So, I think everything is in order for your decision this
evening and staff is recommending approval and I will stand for any questions
you may have.
Fitzgerald: Are there any questions?
Yearsley: I don't have any.
Fitzgerald: Would the applicant like to come forward? Please state your name
and your address for the record.
Hertel: Good evening, Commission. My name is David Hertel. My address is
1435 East Shenandoah Drive in Boise. I am the architect for the project and the
representative for Robert Ormond on the Linder Pet Medical Center . The
applicant does agree with the staff recommendations for approval , with the
exception of the revised landscaping plan, for which we do plan on submitting an
application for alternative compliance. We felt -- we do have trees in that area as
a buffer. We are building a six foot solid fence and there are reasons of help,
safety for the -- for the area and with this permeable turf that we are -- that we
are going to be installing, they will be washing -- or my client will be washing that
area every day after use. As far as the shared parking agreement goes, my
client Robert Ormond has already met with the neighbors and they had a verbal
agreement to share the parking in their parking lot. It's just we are in the process
of getting a written document for that. So, if you have any questions I will be glad
to answer them. Otherwise, that's all that I had for this evening.
Fitzgerald: Are there any questions of the applicant? Commissioner Yearsley,
do you have any questions?
Yearsley: No, I don't have any questions.
Hertel: Okay. Thank you.
Fitzgerald: Thank you very much. I do not have anyone else signed up to testify.
Is anyone interested in speaking on this application? Seeing none, can I have a
motion to close the public hearing?
Wilson: Mr. Chairman?
Fitzgerald: Commissioner Wilson.
Meridian Planning & Zoning Commission
July 7, 2016
Page 6 of 20
Wilson: I move we close the public hearing.
Yearsley: Second.
Fitzgerald: We have a motion and a second . All those in favor say aye.
Opposed? Motion passes.
MOTION CARRIED THREE AYES. TWO ABSENT.
Fitzgerald: Comments? Thoughts? Commissioner Yearsley, you want to take a
shot?
Yearsley: You know, I think it's a good fit for the area. I like the building style. I
think it will work and if we can show an easement to the parking for the -- with the
church, I think it works well. So, I'm in favor of it.
Fitzgerald: Thank you, sir.
Wilson: I'm also in favor. I like the style of the building. I think it fits with its
surroundings and I'm in favor of it also.
Fitzgerald: And I tend to agree. I think there is -- it's better than I think what had
been proposed there in the past and so I think the neighbors will probably be
happy and maybe utilize the facility. So, I think we are all knowing where we are
heading. So, I would entertain a motion.
Wilson: Mr. Chair?
Fitzgerald: Commissioner Wilson.
Wilson: After considering all staff, applicant, and public testimony, I move to
approve file number H-2016-0064 as presented in the staff report for the hearing
date of July 7th, 2016.
Yearsley: Second.
Fitzgerald: I have a motion and a second for the adoption o f H-2016-0064. All
those in favor say aye. Opposed? Okay. Motion carries. Thank you very much.
Congratulations. Thank you.
MOTION CARRIED: THREE AYES. TWO ABSENT.
C. Public Hearing for Velvet Point Subdivision (H-2016-
0068) by Mussell Construction Located East of S. Locust
Grove Road Between E. Time Zone Drive and E. Lake
Street
Meridian Planning & Zoning Commission
July 7, 2016
Page 7 of 20
1. Request: Combined Preliminary/Final Plat
Approval Consisting of One (1) Building Lot on
0.19 of an Acre in the R-4 Zoning District
Fitzgerald: Okay. We will now move on to public hearing for Velvet Point
Subdivision, H-2016-0068, by Mussell Construction and I will turn it over to Josh.
Beach: This is an application for a combined preliminary and final plat. The
subject site consists of 0.19 of an acre of land . It's currently zoned R-4 and is
located at 2795 South Velvet Falls Way. The property is located within the
existing Salmon Rapids Subdivision No. 4 and it's surrounded by single-family
residential parcels, which are also zoned R-4. The preliminary plat for this
Salmon Rapids Subdivision was approved in 1994 and the Salmon Rapids No. --
Final Plat No. 4 was approved in 1995. The Comprehensive Plan future land use
map designation for this parcel is medium density residential. The combined
preliminary and final plat is proposed consisting of one building lot, as I said, .19
of an acre of land in the R-4 zoning district for the Velvet Point Subdivision. The
proposed subdivision is a resubdivision of Lot 5, Block 7, of Salmon Rapids No.
4. This specific lot in the current Salmon Rapids No. 4 is designated as a
common lot for that subdivision. In doing the research this is designated as a
common lot currently on the plat, but it was never -- it was never calculated as
part of this -- as part of the required open space. So, there is a distinction
between a common lot and acquired open space for a subdivision. This up until
recently was a -- a well for the Nampa-Meridian Irrigation District, has now been
vacated, so they are not using that as a well anymore. It's been closed off.
Having said that, the applicant has indicated that they are going to build a single
family residential home. This is a concept plan. This is not -- not an approved
plan. We will have to work with the applicant a little bit to get this where it needs
to be, but the staff is in favor of the application and I will stand for any questions
you have.
Fitzgerald: Do we have any questions for Josh?
Yearsley: Mr. Chairman, I don't have any questions.
Fitzgerald: Okay. Would the applicant like to come forward? Please state your
name and your address for the record, please.
Mussell: My name is Kent Mussell. I am representing Mussell Construction. My
address is 320 11th Avenue South in Nampa, Idaho. I am here to discuss the
proposed project, which is intended to be a personal residence for my wife and I.
It's going to be a 1,750 square foot single level home. It will be approximately 19
feet tall. And I believe that design was showed on the screen earlier. This file is
in line with the surrounding homes, using similar traditional siding with stone
accents. And Josh did a pretty good job of describing the history of this parcel,
Meridian Planning & Zoning Commission
July 7, 2016
Page 8 of 20
that it was originally a -- a pump lot with an irrigation well and pump house that
have since been removed. Because of those situations, that's the reason for the
common area designation on the original plan . The plan also stated originally
that the property was to be held in the -- the homeowners association, but that --
because that didn't happen, the -- the only deed that's ever been recorded for
this parcel is in the name of Nampa-Meridian Irrigation District and since the --
the irrigation well has been removed from the property they sought to sell the
property. Their first choice was to try to reach an agreement with the
homeowners association and because that was unable to occur, because that --
the property was listed for sale to the public and as you are aware Mussell
Construction has a purchase agreement with the irrigation district for the
property. The -- the one concern that I am aware of from the surrounding
homeowners has been that the resulting subdivision from this plat may not be
governed by the existing Salmon Rapids covenants and so because I understand
that concern and I believe it to be a reasonable concern , I intend to annex the
property into the Salmon Rapids covenants and I am working with Greg Ferney,
my attorney, to determine the exact process that needs to occur, but in the best
case it should be a simple matter of an agreement between the -- the
subdivision's board of directors. Otherwise, it may require a vote by the -- the
members and if -- if a vote is required, then, I will only be able to join if the vote is
for approval, but under any other circumstances I fully intend to join , so -- my wife
and I are really excited to get started on this project and so thank you for your
consideration and if you have any questions I would be happy to answer them.
Fitzgerald: Are there any questions for the applicant?
Yearsley: Mr. Chairman, I don't have any questions.
Fitzgerald: Thank you, sir. I have two people signed up. Erick Shaner. Come
and testify? Mr. Shaner, can you state your name and address f or the record,
please.
Shaner: You bet. My name is Erick Shaner. My address is 1488 East Lake
Creek Street, Meridian, Idaho. I'm here just as a homeowner. I'm not here for
my job or my official capacity. Just wanted to make that clear. Our home lies
adjacent to the subject property directly to the south of the property. My wife and
I, we bought the home -- our home about ten years ago and about -- oh, about
half of our -- the homes in our window face this property and we have enjoyed
the -- you know, the open -- the open area. When the home goes in it will, you
know, limit our view and it will also increase the density in our -- in our little area
of the subdivision there. We -- we support the permit with conditions and one of
those conditions is that the -- without question that the home be underneath the
CC&Rs of the subdivision. We feel like with the R-4 designation, from what I
understand it to be, it would be wholly inconsistent for it to be there without the
CC&Rs, you know, preventing uses that would be inconsistent with what
homeowners are able to do and Kent -- Mr. Mussell has been great to work with
Meridian Planning & Zoning Commission
July 7, 2016
Page 9 of 20
on that. I think he will be great to continue to work with on that. Also that as
planned it's a one level and I would ask that that be a condition as well, you
know, in part because of our view, that it be at least only a one level and that's
what he's got planned for, so -- so, that's great. But ask that that be a condition.
Other couple of points I wanted to address -- aren't so much conditions, but just -
- this is an attempt to make sure that this is fully vetted. One is that the deed
from the irrigation district -- from the subdivision to the irrigation district and, then,
the other -- another issue is what's your -- Josh? What Josh spoke to about the
open area requirements. I have spoken with -- a Josh -- I don't know if it's you,
Josh, but, you know, the people from your staff, I believe, you know, several
times over the past months, if not longer. One of the main issues that we have
talked about is whether or not this meets the open area requirements and I was
always told -- or I was under the understanding that there would be a report on
that as to whether or not it did meet the city's requirements for the percentage of
open area if you were to remove this out of the common area . And so I just want
that -- that issue addressed. The other -- like I said, Mussells have been great to
work with. They will be great neighbors and, you know, we look forward to being
their neighbors. Is that two minutes or three minutes?
Fitzgerald: That's the three minutes, sir.
Shaner: Three minutes? So, my -- that is? All right. Thank you.
Fitzgerald: Thank you very much. Kimberli Shaner, if she wants to test ify or --
okay. Is there anyone else wishing to testify on this application? Okay. Josh,
real quickly, can you, just for the record, state on the common area versus open
space percentage? I think we covered that earlier, but I want to make sure.
Beach: We did. Again this is designated as common lot for the subdivision, but
it is not included in the required open space for the subdivision. So, that's a
distinction that needs to be made. Yes, it's a common lot, but it was a common
lot for the purposes of a well for the Nampa-Meridian Irrigation District and the
practice -- we do not include that as required open space, because it's not open
space.
Fitzgerald: Thanks. Would the applicant like to come up? Do you have any
other closing comments? Please state your name and your address for the
record again, please.
Mussell: My name is Kent Mussell. 320 11th Avenue South. So, one thing I -- I
don't know how to use this.
Fitzgerald: Push a color with the pen and then --
Mussell: Color. Oh.
Meridian Planning & Zoning Commission
July 7, 2016
Page 10 of 20
Fitzgerald: And, then, circle or draw.
Mussell: Well, I have -- I guess I will bring these up. So, I wanted to project
these on the screen.
Fitzgerald: Oh. Okay.
Mussell: So, the reason why I showed you these images -- these are images of
the state of the property when I originally made the offer on the property and ,
then, what we have done since to clean up the property. So, I just wanted to
make sure it was -- it was known that -- the Nampa-Meridian Irrigation District
has a minimal amount of maintenance into the property over the past years and
-- and this is the graphic evidence of how that's going to change going forward.
And that was it.
Fitzgerald: Mr. Mussell, do you -- in regards to this picture -- and you can see it.
Obviously, the gravel set up right now would go away. Do you -- are you
maintaining the fence set up on both sides?
Mussell: I will be, yes.
Fitzgerald: Okay. Are there any other questions for the applicant?
Commissioner Yearsley?
Yearsley: No, I don't have any questions.
Fitzgerald: Okay. Josh, one more question for you . Is there -- in regards to any
kind of agreement going forward on -- per the conditions about having this be a
single level home, is that something that's in there now or is that something --
Beach: It's not in there now.
Fitzgerald: Okay.
Beach: That was not something that we required as part of this in the conditions
of approval. That's definitely something that you folks, should you feel that's
needed, can add that as a condition of approval.
Fitzgerald: Okay.
Beach: Having said that, if you look at the homes here, just in this Google Earth
shot, most of them are single-family homes, so --
Fitzgerald: Okay. Thank you. I'm sorry.
Meridian Planning & Zoning Commission
July 7, 2016
Page 11 of 20
Mussell: If that's a requirement that the Commission would like to add to the
application, I have no objection to that, so --
Fitzgerald: Okay. Thank you very much.
Parsons: Mr. Chairman, if I may interject here.
Fitzgerald: Yes, please, Bill.
Parsons: It may be easier just to say comply with the submitted elevation and we
can -- and that single story, we will leave it down there. It's typically what we do.
He represented something -- he testified that's the home he was going to build on
the site. Let's just tie him to his elevation.
Fitzgerald: Thank you very much. With that could I get a motion to close the
public hearing.
Wilson: Mr. Chair?
Fitzgerald: Commissioner Wilson.
Wilson: I move we close the public hearing on H-2016-0068.
Yearsley: Second.
Fitzgerald: I have a motion and a second. All those in favor say aye. Opposed?
Okay. Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Fitzgerald: Comments? Thoughts? Commissioner Yearsley, you want to start?
Yearsley: Sure. You know, I think this is a -- a good in-fill project, you know, the
home looks nice. I think it will fit well with the community and glad that he's
willing to be part of the HOA. I think that makes a big difference and so I would
be in favor of the project.
Fitzgerald: Commissioner Wilson?
Wilson: Mr. Chair, I would also be in favor of the project and I would be wi lling to
make in my motion complying with the submitted elevation.
Fitzgerald: And I agree with you guys. I think it's a good in-fill and it sounds like
Mr. Mussell is going to be a good neighbor to the -- into the community, so I think
-- I think it looks good. With that I think we are all on the same page. S o, could I
get a motion?
Meridian Planning & Zoning Commission
July 7, 2016
Page 12 of 20
Wilson: Just for clarification, I need to have that modification; right? Okay.
Fitzgerald: Probably put that in your motion.
Wilson: Mr. Chair?
Fitzgerald: Commissioner Wilson.
Wilson: After considering all staff, applicant, and public testimony, I move to
recommend file number H-2016-0068 as presented in the staff report for the
hearing date of July 7th, 2016, with the modification that the applicant comply
with the submitted elevations.
Yearsley: Second.
Fitzgerald: I have a motion and a second to -- second approval for H-2016-0068
to the City Council. All those in favor say aye. Okay. Opposed? Okay. Motion
carries. Congratulations.
MOTION CARRIED: THREE AYES. TWO ABSENT.
D. Public Hearing for Silverstone Apartments (H-2016-0058)
by DevCo, LLC Located at 4225 E. Overland Road
1. Request: Amendment to the Comprehensive Plan
Future Land Use Map to Change the Land Use
Designation on 25.97 Acres of Land from Medium
Density Residential to Mixed Use Regional and to
Change the Land Use Designation on 42.18 from
Boise's "Suburban" Comprehensive Plan Land
Use Designation to Medium Density Residential
2. Request: Annexation and Zoning of 14.41 Acres of
Land from the RUT to the C-G Zoning District
3. Request: Conditional Use Permit for a Multi-
Family Development Consisting of 312 Dwelling
Units in the C-G Zoning District
Fitzgerald: Okay. Moving on to opening the public hearing for Silverstone
Apartments, H-2016-0058, and we will start with the staff report.
Beach: Mr. Chair, Commissioners, this, as you said , is an application for
Silverstone Apartments. The three application types that are before you tonight
for this are a Comprehensive Plan map amendment, annexation and zoning, and
Meridian Planning & Zoning Commission
July 7, 2016
Page 13 of 20
a conditional use permit. The overall site consists of 25.97 acres of land , which
is currently zoned RUT in Ada County. It is located at 4225 East Overland Road.
To the north is East Overland Road and single family homes in the Rolling Hills,
Subdivision, which is zoned R-1 in Ada County. To the east is commercial
property zoned RUT in Ada County. To the south is agricultural property, zoned
RUT in Ada County, and to the west is commercial property in the Silverstone
Business Park, which is zoned C-G. There is no history on this property. Been
agricultural land for a long time. The Comprehensive Plan future land use map
designation for this property currently is medium density residential. The
applicant proposes to amend the future land use map contained in the
Comprehensive Plan, to change the land use designation on 25.97 acres -- have
an exhibit here -- 25.97 acres of land from medium density residential to mixed-
use regional. So, if you look here on the -- on the left, on the top map here, this
is the existing land use. As you see this yellow it's currently designated medium
density residential. The proposed land use here is to amend the portion adjacent
to Overland Road, that 25.97 acres, as well as include a portion of what was
previously included in the city of Boise to medium density residential designation.
Just as kind of a -- as an explanation to that, the city of Boise and the developer
and Mr. Conger will discuss this as well I'm sure. They are agreeable to coming
to the City of Meridian because of an issue being able to facilitate the sewer on
this property due to the -- due to the canal along the -- along the east side of the
property and so Boise agreed to have that come into the City of Meridian and so
that will be, I believe, a future project Mr. Conger is working on. So, as you see
the map here, the blue area is Boise city. The red box is what we are changing
the Comprehensive Plan to mixed use regional and the black box are the
apartments and that application is for the conditional use permit and for the
annexation, just to clarify a little bit. So, we did receive an overall concept plan
for the area that the applicant is requesting to modify the future land use map.
The apartments are here on the left and this area here, about -- to about right
there is in the City of Meridian and this is a concept plan. Now, we can't tie them
to this concept plan, this is their general idea of what they would do in the future
and when this property comes through and it actually becomes annexed in or
they apply for annexation we can, then, tie them to a concept plan that they
provide. But this is just for -- just for a visual at this point. So, concept plan for
the entire proposed mixed use regional area was submitted as you see here.
The concept plan depicts a number of buildings. As I said, we are not tying them
to this, but this is a -- a general idea of what -- what could happen on the property
and, as I said, some of the area in this concept plan remains in the city of Boise.
The applicant requests approval to annex and zone 14.41 acres of la nd with a C-
G zoning district, which is consistent with the proposed fut ure land use map
designation of mixed use regional to develop the multi-family portion of the
property, which is -- which is as you see here to the left. The applicant requests
a CUP for mixed -- or multi-family residential on the 14.41 acre of property in a
proposed C-G. The multi-family residential development is proposed to consist
of 312 dwelling units within 15 three-story structures on 13.51 acres of land. The
units will consists of 204 two bedroom units and 108 one bedroom units and all
Meridian Planning & Zoning Commission
July 7, 2016
Page 14 of 20
the units will be between 500 and 1,200 square feet and a 4,389 square foot
clubhouse is proposed that will contain a business center, leasing office, exercise
room, enclosed bike storage with a covered patio and several -- also include
associated garage and carport structures that are proposed. The commercial
portion of -- the commercial portion of the site is not proposed for development at
this time. The primary entrance for the development is off of Overland Road.
The applicant has also proposed cross-access to the future commercial
development to the east, as you can see here on the site plan. And moving back
one slide, on the southwest corner of the apartments the applicant is also
proposing an access down to the existing Pewter Falls Street in the Silversto ne
Office Park to provide some additional access. Staff has not yet received
comments or a staff report from the Ada County Highway District on this
application, with the anticipation that they are going to want some additional
access and this access point gets residents -- future residents out to a light on
Topaz, which will really alleviate that Overland Road access point. Because of
the proposed units, 312, they contain between 500 and 1,200 square feet of
living area, a minimum of 7,800 square feet of common open space is required to
be provided. A total of 2.55 acres of passive and active open space is proposed,
which is approximately 111,383 square feet of common open space. So, the
application exceeds the requirements of the UDC. The applicant also proposes,
as I mentioned previously, to provide the following amenities. A Clubhouse. A
fitness facility within the clubhouse, a swimming pool, a children's play structure,
an additional 50-by-100 foot open grassy area, enclose bike storage within the
clubhouse with the capability of storing approximately 60 bicycles and a business
center, which is also within the clubhouse, which falls under the quality o f life and
recreation categories. Excuse me. The applicant has provided seven amenities
as detailed and staff believes that this is sufficient for the -- the size of the
development. The applicant -- Mr. Conger did -- did actually not receive
comments back from them, but in speaking with them they are in agreement with
the staff report. I have not received any -- any additional comments from the
public and with that I will stand for any questions you may have.
Fitzgerald: Do I have any questions for Josh? Commissioner Yearsley?
Yearsley: Mr. Chairman, I don't have any questions. Thank you.
Fitzgerald: Thank you.
Parsons: Mr. Chairman?
Fitzgerald: Yes, sir.
Parsons: Just one. Just one clarification. Josh, if you could go back to th e
comp plan amendment. Thank you. In speaking with the -- I just want to make it
clear on the record that what we are actually proposing with the comp plan
amendment -- the exhibit that you see that -- where it says proposed changes,
Meridian Planning & Zoning Commission
July 7, 2016
Page 15 of 20
Josh has a highlighted area there that says MDR. That was not part of the
applicant's request. So, disregard that in your motion this evening. It's really
only this portion up by Overland. He will have to come in with a future comp plan
amendment when he comes in with tha t property to the south to request that
designation. So, I just want to clear it up on the record that you're only acting on
the mixed use regional change from MDR to mixed regional and not including
that portion as part of this application.
Fitzgerald: Thanks, Bill.
Parsons: And with that I will turn it back over to the applicant.
Fitzgerald: Mr. Conger, you want to give us your thoughts?
Conger: Yes. Mr. Chairman, Members of the Commission, Jim Conger with
DevCo at 4824 West Fairview. Thank you. And we are definitely excited to be in
front of you today with this specifically placed multi -family project here on
Overland Road adjacent to Eagle Road and I guess the Overland intersection,
with easy access to the freeway. This application is similar to our last approved
multi-family housing project that was adjacent to The Village. We would
definitely like to thank Josh and all the staff for their assistance and code
experience. We have had numerous meetings throughout the process. Like I
said, our last project, multi-family by The Village, we have been in your office and
I think it's been good for all of us to work with the codes and understand, which I
think is why we have a staff report in front of you that's recommending approval
and no outstanding issues. Usually there is one or two and there is -- there is
nothing that -- that's left outstanding. So, in an effort to respect your time and a
possible 7:00 p.m. deadline, I would hold portions of my presentation for
questions or rebuttal. We are in complete agreement with the staff report as
written and are excited to gain your approval and move this to the next step. So,
I will stand for any questions.
Fitzgerald: Does anyone have any questions for the applicant?
Yearsley: Mr. Chairman, I have no questions.
Fitzgerald: Thank you, sir.
Conger: Thanks.
Yearsley: I have three people signed up to testify that's on the list. Donna
McDonald, do you want to testify? Please come forward, ma'am, and state your
name and address for the record, please.
McDonald: Good evening. My name is Donna McDonald. I live at 1530 South
Topaz, Meridian, Idaho. We met with Mr. Conger when they first came out to talk
Meridian Planning & Zoning Commission
July 7, 2016
Page 16 of 20
about this. My concern is the amount of traffic that's going to be dumping out
onto Overland. We are talking over 300 units there. I'm assuming most of these
people work jobs. The quickest way to get out of there is going to be on
Overland Road headed towards Eagle, more than likely, to get on the freeway.
We have -- we have got traffic problems already morning and evening at peak
hours with people turning south to go into Silverstone with the big Citicorp and
everything else when they have shift changes , traffic gets a little dicey out there.
We have had a number of accidents. The first I have heard of possibly having a
traffic light at Topaz is tonight. That's just my biggest concern is the traffic. I
know we are talking about having, you know, potentially another -- another way
out through the back of the apartment complex. I don't know how much of a
reality that is for people to go out the back and wind all the way around to get
back down to another light. The quickest way is going to be Overland and that's
just my biggest concern is the traffic. Okay.
Fitzgerald: Any questions for Mrs. McDonald? Mr. Yearsley, do you have any
questions?
Yearsley: No, I don't have any questions.
Fitzgerald: Thank you.
McDonald: Thanks.
Fitzgerald: I have Janice Glenn or Gary. Do either one of you want to testify or
-- come up to the mike and give your name and address for the record, please.
Glenn: I guess first of all, there is three different items on here, which one are we
covering?
Fitzgerald: All of them at the same time.
Glenn: Okay. My name is Gary Glenn. I live at 4072 East Pine Bluff. It's in the
Sutherland Farms Subdivision just to the south of the canal. What I didn't quite
understand was what is being discussed on the south side just north of the
Sutherland Farms. There is -- I understand that there is houses that are going to
be built just north of us back to the canal and our concern with that is that it will
impact our property value in the fact that it will obstruct our view of the mountains
and whatnot. So, what we would suggest is having a conditional requirement
that the houses that are being built just north of the canal be one story and that's
-- that's the one concern that we have. The second concern is the light pollution
that is going to come from that subdivision built just to the north from -- from this
development and what is being done to try to control that.
Fitzgerald: And, Josh, you can clarify this. This is not going to deal with that
land right now at all.
Meridian Planning & Zoning Commission
July 7, 2016
Page 17 of 20
Glenn: Okay.
Fitzgerald: So, this is only the chunk of land, the 25 acres right on Overland
Road.
Beach: Correct. So, tonight before you is not an application for any single family
homes. It's specifically for apartment -- a conditional use permit for apartments
upon the northwest corner of the property.
Glenn: Okay.
Beach: A Comprehensive Plan future land use essentially changes the types of
uses that are allowed on the Overland Road frontage and annexation of a piece
of property. Again, up in the northwest corner. So, nothing right now is being
discussed as far as single family homes going directly north of the canal.
Fitzgerald: Okay.
Beach: I assume that will be a future application that he will be notified of and
can come comment on it at that point.
Fitzgerald: Mr. Glenn, that section is -- it's surrounding the boxes, that yellow
area is not being discussed tonight at all.
Glenn: Okay.
Fitzgerald: So, when an application comes forward on that issue, but we are not
talking about that tonight.
Glenn: Okay. So, the only other comment I have with regard to the apartments
is I -- we have the same concern with regard to the traffic on Overland, given that
we live in that Sutherland Division. So, I don't have any other comments.
Fitzgerald: Thank you very much. I have Jerrod Judkins. If you could state your
name and address for the record, please.
Judkins: It's Jerrod Jenkins. 12600 West Muir Ridge Drive, Boise. My home
backs up to the canal there and we do have a lot of traffic coming through --
cutting through our subdivision going to Citibank and T -Mobile and all those kinds
of things and in Boise the speed limit is 20 and no one drives 20 down our -- our
lane. But just to -- I know you said this was not what -- about the homes in back,
but yet this development met with us several months ago and they didn't include
this in their plan and so what they are planning on doing is adding 312
apartments in here, but what they are submitting later is another plan for 350
homes in the rest. So, they do kind of go together, because there is more traffic.
Meridian Planning & Zoning Commission
July 7, 2016
Page 18 of 20
They left out these 312 apartments. That wasn't in their plan when they
presented it to the neighbors and that sort of thing. So, they are doing it in
piecemeal, but it's still part of their process and everybody knows what their plan
is. Just like to leave that with you.
Fitzgerald: Thank you, sir. Is there anyone else -- I don't have anybody else
signed up. Anybody else want to testify on this application? Seeing none, would
the applicant like to come forward and close out the discussion.
Conger: Yes, Mr. Chairman, Members of the Commission. Again Jim Conger,
4824 West Fairview Avenue. We are sympathetic to traffic and, you know, what
we have here is -- is the -- just taking a look and kind of readjusting COMPASS's
plan up against Overland only with the busy five lane roadway. As far as ACHD,
we have had numerous meetings. Most of them were actually held at the City
Meridian with ACHD attending. We just don't have their offic ial report, but there
were only two items that were ever on the table was making sure our main entry
on Overland aligned across with Rolling Hills, which it does, and, then, the late
item, which is what Josh put up, which we designed. They wanted an access
point out to the south and so -- you heard one of the neighbors saying that's --
that's a possibility. That isn't a possibility. That is a requirement. We modified it
and got it back in of city record. Your approval tonight of just the staff report
condition as written would require this. So, it's not something you would have to
add, it is in the package for approval and what that does is facilitate probably a
good portion in ACHD's mind of traffic that would go into Silverstone, which that
is where the collector is that goes out to the signal at Overland or goes straight
west to the signal on Eagle Road. So, you know, in hindsight that probably
should have been in our original design, because it is going to facilitate the traffic
and pedestrian a little better out the south end, but the goal of that from ACHD's
point is to get to the collectors, which is what they are supposed to do is transfer
the traffic to Overland or Eagle Road. Both are signalized. There is no talk of --
we heard talk a signal in front of this or at Topaz or one of those, that's not a
discussion on the table and we haven't heard that. I will stand for any further
questions. We can go as deep or not as deep as anything you want, so --
Fitzgerald: Commissioner Wilson, Commissioner Yearsley, do you have
question for the applicant?
Yearsley: No, don't.
Fitzgerald: Thank you, sir, very much. Well, being that, I will entertain a motion
to close the public hearing.
Wilson: Mr. Chair?
Fitzgerald: Commissioner Wilson.
Meridian Planning & Zoning Commission
July 7, 2016
Page 19 of 20
Wilson: I move we close the public hearing on H-2016-0058.
Yearsley: Second.
Fitzgerald: I have a motion and a second to close the public hearing on H -2016-
0058. All those in favor say aye. Opposed? Motion carries. Thank you.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Fitzgerald: Well, gentlemen, it's before you. Any thoughts? Commissioner
Yearsley.
Yearsley: Mr. Chair, thank you. You know, looking at this site, it's been -- it's a
stark contrast to the one that we reviewed a couple weeks ago. I like the fact
that it accesses off of a major arterial. I understand the traffic issues are there. I
live just to the south of that development, understanding traffic. I do believe in
the future land use map ACHD has Overland Road schedul ed to be done in
lanes in the future, so, you know, I think they are understanding increasing traffic
through that area, but, you know, I like the looks of the development. I like the
amenities that are proposed. I think it fits for the area and a good p lace where
people could live there and walk to work in that respect, so I think I'm in favor of
the project.
Fitzgerald: Thank you, sir. Commissioner Wilson?
Wilson: I'm also in favor and I agree with what Commissioner Yearsley said.
Fitzgerald: And I -- I think in this -- when we are trying to do a land use map shift,
we are trying to get where people can walk to work and be close to amenities
and I think this site has been sitting vacant for a while, but I think it fits perfectly in
regards to live, work, and, hopefully, reduce traffic a little bit and so I
-- I like it. I think the layouts are very impressive. They are modern looking. I
think it will be a good -- I mean the people are working at T -Mobile and Citibank,
it may give them a living option that may not be available right now, so I will also
be in favor of -- of moving forward, so I think we are all on the same page. With
that, unless there is any other comments or thoughts, I would entertain a motion.
Wilson: Mr. Chairman?
Fitzgerald: Commissioner Wilson.
Wilson: After considering all staff, applicant and public testimony, I move to
recommend approval of file number H-2016-0058 as presented in the staff report
for the hearing date of July 7th, 2016.
Yearsley: Second.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0058
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for a Modification to the Conditional Use Permit for Touchmark
Cottage Units, Located South of E. Franklin Road and East of S. Eagle Road on the North Side of
E. Putter Lane, East of S. Touchmark Way in the L-O Zoning District, by Touchmark at Meadow
Lake Village.
Case No(s). H-2016-0058
For the Planning & Zoning Commission Hearing Date of: June 23, 2016 (Findings on July 7, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 23, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 23, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 23, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 23, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0058
Page 2
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of June 23, 2016, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant’s request for a modification to the conditional use permit is hereby approved in
accord with the conditions of approval in the staff report for the hearing date of June 23, 2016,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting, the final plat must be
signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of June 23, 2016
EXHIBIT A
Touchmark Cottage Units – MCU H-2016-0058 PAGE 10
STAFF REPORT
Hearing Date: June 23, 2016
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: Touchmark Cottage Units – MCU (H-2016-0058)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Touchmark at Meadow Lake Village, has applied for a modification to the existing
conditional use permit/planned development (CUP-99-039) to remove the alley that was depicted on
the conceptual development plan for access to seven (7) of the single-family residential homes in
Meadow Lake Village. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MCU with the conditions listed in Exhibit B, based on
the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on June 23, 2016. At the
public hearing, the Commission moved to approve the subject MCU request.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Tamara Thompson
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-
0058 as presented in the staff report for the hearing date of June 23, 2016, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0058
as presented during the hearing on June 23, 2016, for the following reasons: (You should state
specific reasons for denial and what the applicant could do to gain your approval with another
application.)
Continuance
I move to continue File Number H-2016-0058 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
EXHIBIT A
Touchmark Cottage Units – MCU H-2016-0058 PAGE 10
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located south of E. Franklin Road and east of S. Eagle Road on the north
side of E. Putter Lane, east of S. Touchmark Way in the north ½ of Section 16, Township 3
North, Range 1 East (Parcel #S1116121050).
B. Owner(s):
Meadow Lake Village Retirement Resort, LLC
5150 S.W. Griffith Drive
Beaverton, OR 97005
C. Applicant:
Touchmark at Meadow Lake Village
4037 E. Clocktower Lane
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit modification. A public hearing is required
before the Planning & Zoning Commission on this matter, consistent with Meridian City Code
Title 11, Chapter 5.
B. Newspaper notifications published on: June 6 and 20, 2016
C. Radius notices mailed to properties within 300 feet on: June 2, 2016
D. Applicant posted notice on site by: June 9, 2016
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant/undeveloped land, zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant/undeveloped property, zoned L-O
East: Single-family homes, zoned L-O
South: Open space/recreational area for Meadow Lake Village, zoned L-O
West: Vacant/undeveloped property, zoned L-O
C. History of Previous Actions:
1n 1999, a comprehensive plan map amendment was approved that changed the land use on
the property from single family residential to a mixed use designation (CPA-99-004).
In 2001, this property along with the larger Touchmark Living Centers (aka Meadowlake
Village) property was annexed (AZ-99-021) and zoned L-O and granted conceptual approval
as a planned development (PD) to house a mix of office, retail, single-family residential, and
multi-family residential uses in the L-O district (CUP-99-039). The project was proposed to
develop in multiple phases. A development agreement (DA) was recorded (Instrument No.
101048096) which outlined the requirements of construction for each phase. Each phase
requires detailed CUP approval. Subsequent amendments to the DA have been approved since
2001 (Instrument #’s 102143308 and 103137119).
EXHIBIT A
Touchmark Cottage Units – MCU H-2016-0058 PAGE 10
In 2003, a modification to the PD (CUP-03-005) was approved and later modified with a
subsequent modification in 2004 (CUP-04-014).
In 2007, a modification to the conceptual development plan approved with the PD was
approved (CUP-07-008) (see Exhibit A.2). The modification did not affect this site but did
change the overall concept plan for the development.
A property boundary adjustment application was recently tentatively approved for this site
which modified the north and east property lines of the subject parcel to facilitate the
proposed cottage lots (H-2016-0164).
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains to provide service to this project currently exist
in E. Putter Drive.
b. Location of water: Water mains to provide service to this project currently exist in E.
Putter Drive.
c. Issues or concerns: None.
E. Physical Features:
1. Canals/Ditches Irrigation: No waterways exist on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within the flood plain.
VII. ANALYSIS
The applicant requests a modification to the previously approved conditional use permit/planned
development (CUP-99-039) to remove the alley that was depicted on the conceptual development
plan for access to seven (7) of the single-family residential homes in Meadow Lake Village.
The previously approved conceptual development plan that depicts the alley access is included in
Exhibit A.2. The proposed site plan is included in Exhibit A.3 and depicts front-on street access to the
7 homes via E. Putter Lane. Staff is unsure what type of dwellings are shown on the concept plan on
the north side of the alley; however, with removal of the alley, these units will also need to be
designed to have front-on access from the future street they face to be determined by a future
development application.
There are existing landscape islands in E. Putter Lane that these units will be accessed from which
restricts the width of the street for on-street parking. However, “cut-outs” have been constructed for
parallel parking along the street and there is also a parking area across the street at the recreation area
that can accommodate extra vehicles when needed. Each unit will also provide off-street parking for 4
vehicles – 2 in the garage and 2 on a 20’ x 20’ parking pad outside the garage.
Staff has no concerns with the applicant’s request and recommends approval of the proposed
modification per the site plan in Exhibit A.3 with the conditions in Exhibit B.
VIII. EXHIBITS
A. Drawings
1. Vicinity Map
2. Previously Approved Conceptual Site Plan
EXHIBIT A
Touchmark Cottage Units – MCU H-2016-0058 PAGE 10
3. Proposed Site Plan (dated: 5/6/16)
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
EXHIBIT A
Touchmark Cottage Units – MCU H-2016-0058 PAGE 10
Exhibit A.1: Vicinity Map
EXHIBIT A
Touchmark Cottage Units – MCU H-2016-0058 PAGE 10
Exhibit A.2: Previously Approved Conceptual Site Plan
Site
EXHIBIT A
Touchmark Cottage Units – MCU H-2016-0058 PAGE 10
Exhibit A.3: Proposed Site Plan (dated: 5/6/16)
EXHIBIT A
Touchmark Cottage Units – MCU H-2016-0058 PAGE 10
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Development of this site shall be consistent with the site plan included in Exhibit A.3 of this
report.
1.2 The applicant shall obtain final approval of the property boundary adjustment application
tentatively approved for this site prior to submittal of building permits for the proposed structures
(A-2016-0164).
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no comment on this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comment on this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comment on this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comment on this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 No comments have been received from ACHD on this application
7. PARKS DEPARTMENT
7.1 The Parks Department had no comments on this application.
EXHIBIT A
Touchmark Cottage Units – MCU H-2016-0058 PAGE 10
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the proposed
use and comply with the dimensional & development regulations of the district per the
previously approved planned development.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the proposed use of the property is consistent and harmonious
with the UDC and Comprehensive Plan per the approved planned development.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission finds that the proposed use should be compatible with other uses in the area
and with the intended character of the general vicinity and should not adversely change the
character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. The Commission finds that the proposed use will
be served adequately by all of the public facilities and services listed above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and nor
will they be detrimental to the community’s economic welfare.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds the proposed use of the site will not be detrimental to any persons,
property or the general welfare of the area.
EXHIBIT A
Touchmark Cottage Units – MCU H-2016-0058 PAGE 10
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the Commission finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.
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