2018-07-12Meridian Planning and Zoning Meeting July 12,
2018.
Meeting of the Meridian Planning and Zoning Commission of July 12, 2018, was called
to order at 6:00 p.m. by Chairman Rhonda McCarvel.
Members Present: Chairman Rhonda McCarvel, Commissioner Ryan Fitzgerald,
Commissioner Gregory Wilson, Commissioner Jessica Perreault and Commissioner
Lisa Holland.
Members Absent: Commissioner Bill Cassinelli, and Commissioner Steven Yearsley.
Others Present: Chris Johnson, Andrea Pogue, Bill Parsons, Sonya Allen, Josh Beach
and Dean Willis.
Item 1: Roll-call Attendance
__X____ Lisa Holland _______ Steven Yearsley
__x___ Gregory Wilson ___X___ Ryan Fitzgerald
__X___ Jessica Perreault _______ Bill Cassinelli
___X___ Rhonda McCarvel - Chairman
McCarvel: Good evening, ladies and gentlemen. At this time I would like to call to order
the specially scheduled meeting of the Meridian Planning and Zoning Commission on
July 12th, 2018, and we will begin with roll call.
Item 2: Adoption of Agenda
McCarvel: Thank you. The first item on the agenda is the adoption of the agenda. We
have one item on the agenda, to approve the minutes of June 21st, Planning and
Zoning Commission meeting. Could I get a motion to adopt the agenda -- or, I'm sorry,
that's the Consent Agenda. Never mind. We have no changes. Could I get a motion to
adopt the agenda.
Perreault: Madam Mayor, so moved.
Wilson: Second.
McCarvel: It has been moved and seconded to adopt the agenda. All those in favor
say aye. Opposed? Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Meridian Planning & Zoning Commission
July 12, 2018
Page 2 of 18
Item 3: Consent Agenda [Action Item]
A. Approve Minutes of June 21, 2018 Planning and
Zoning Commission Meeting
McCarvel: Now, the next item is the Consent Agenda and we have one item on the
Consent Agenda. It's the approval of minutes for June 21st. So, could I get a motion to
accept the Consent Agenda as presented?
Holland: So moved.
Fitzgerald: Second.
McCarvel: It has been moved and seconded to -- to adopt the Consent Agenda. All
those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
McCarvel: So, at this time I would like to briefly explain the public hearing process for
this evening. We will open each item individually and, then, start with the staff report.
The staff will report their findings regarding how the item adheres to our Comprehensive
Plan and the Uniform Development Code with the staff's recommendations. After the
staff has made their presentation, the applicant will come forward to present their case
for approval of their application and respond to any staff comments. The applicant will
have 15 minutes to do so. After the applicant has finished we will open the public
testimony. There is a sign-up -- used to say sheet, but it is a sign-up iPad in the back
as you entered for anyone wishing to testify. Any person testifying will come forward
and be allowed three minutes. If they are speaking for a larger group, like an HOA, and
there is a show of hands to represent that group, they will be given up to ten minutes.
After all testimony has been heard, the applicant will be given another ten minutes to
have the opportunity to come back and respond if they desire. And, then, after that we
will close the public hearing and the Commissioners will have the opportunity to discuss
and hopefully be able to make a recommendation to City Council.
Item 4: Action Items
A. Public Hearing for Creamline Park (H-2018-0051) by Volante
Investments, LLLP Located at 1480 W. Franklin Rd.
1. Request: Amendment to the Comprehensive Plan Future
Land Use Map to Change the Land Use Designation on 8.06
Acres of Land From Mixed Use-Community to Industrial; and
2. Request: Rezone of 8.74 Acres of Land From the C-G to
the I-L Zoning District
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July 12, 2018
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McCarvel: So, at this time I would like to open the public hearing for H-2018-0051,
Creamline Park, and we will begin with the staff report. And I apologize if I didn't
pronounce that correctly.
Allen: Thank you, Madam Chair, Members of the Commission. Creamline Park.
McCarvel: Thank you.
Allen: Applications for a Comprehensive Plan map amendment and a rezone. This site
consists of 8.06 acres of land, zoned C-G, and located on the north side of West
Franklin Road, just east of Linder Road. Adjacent land use and zoning. To the north
and east is industrial properties zoned I-L. To the south is West Franklin Road and
single family residential property, zoned R-4. And to the west is vacant, undeveloped
lands on C-C. This property was annexed into the city in 2006 and included in the
subdivision plat for Creamline Park Subdivision. A development agreement was
required as a provision of annexation. The Comprehensive Plan future land use map
designation currently is mixed use community. The applicant proposes to amend the
future land use map in the Comprehensive Plan to change the land use designation on
approximately 8.06 acres of land from mixed-use community to the industrial
designation. The amendment is desired so that the applicant can develop industrial,
rather than commercial uses, on the property. Much of the area between Ten Mile
Road and the cities east boundary just west of Cloverdale Road, south of the railway
corridor, consists of industrial uses, with some commercial uses fronting on Franklin
Road. The applicant's request is based on the adjacent industrial uses and zoning to
the north and east and the shortage of light industrial property in the city. A rezone of
8.74 acres of land is also proposed from the C-G to the I-L zoning district, consistent
with the proposed future land use map designation of industrial. Although no
development is proposed at this time, the applicant plans to develop the site with
warehouse and/or flex space type uses, which are listed as a principal permitted use in
the I-L zoning district. There is an existing development agreement for this site that
governs future development. Because the property is zoned C-G and was previously
planned to develop with commercial uses, the development agreement does need to be
amended consistent with the proposed zoning and industrial use of the property and an
application for an amendment was submitted a couple days ago to the city for that. So,
it will be heard by the Council with the subject rezone comp plan map amendment
applications. Written testimony has been received from Brad Miller, the application, in
agreement with the staff report and staff is recommending approval with the
requirement of an amendment to the development agreement. Staff will stand for any
questions.
McCarvel: Any questions for staff? Okay. Would the applicant like to come forward?
Miller: Brad Miller. Van Auker Properties. 3084 East Landmark in Meridian. Thank
you very much for taking your time this evening. We agree with everything that the staff
report said. Originally we thought that we could do commercial uses there, but there is
just no demand for commercial, so what we are going to do -- we will go in and put
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July 12, 2018
Page 4 of 18
some flex space in there, spec, and build it out and -- and, hopefully, lease it out. We
have -- we have developed all the six lots to the north and the demand there has been
very strong or one hundred percent occupied there with our industrial uses. So, we are
industrial guys and we are comfortable with that, so we would ask for your approval on
this tonight. Thank you.
McCarvel: Okay. Any questions for the applicant?
Miller: Thank you.
McCarvel: Thank you, Brad. And, Chris, do we have anybody signed up?
Johnson: Huh-uh. There was nobody signed up.
McCarvel: Okay. With there being nobody signed up I just want to double-check. Is
there anybody in the room who would like to testify on this application? Okay.
Fitzgerald: Madam Chair?
McCarvel: Commissioner Fitzgerald.
Fitzgerald: Move we close the public hearing on H-2028-0051.
Wilson: Second.
McCarvel: It has been moved and seconded to close the public hearing on H-2018-
0051. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
Fitzgerald: Madam Chair?
McCarvel: Commissioner Fitzgerald.
Fitzgerald: I -- I think -- as you can see from the north, that whole area has exploded in
-- in what the Van Auker Company does and it's very well used and I think there is -- we
are not -- we don't have enough places for people to work in that -- in certain areas of
the city and so I know that on Pine Street and a couple places along the railroad tracks
closer to Eagle Road and I think it's -- it's great usage. It's low -- it's low impact to the
community around it and I think it's -- it's a good thing and I support the project.
McCarvel: Yeah. And I think this -- the previous designation at the time of the
designation allowed for the industrial, where it doesn't now --
Fitzgerald: Exactly.
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July 12, 2018
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McCarvel: Yeah. So, we are just kind of cleaning up the zoning. I'm in favor as well.
Anybody else?
Wilson: With that, Madam Chair?
McCarvel: Commissioner Wilson.
Wilson: After considering all staff, applicant and public testimony, I move to recommend
approval to City Council of file number H-2018-0051 as presented in the staff report with
that requirement of an amendment to the development agreement.
McCarvel: Okay.
Holland: Second.
McCarvel: It has been moved and seconded to approve file H-2018 -- recommend
approval on H-2018-0051. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
B. Public Hearing for Bainbridge Franklin (H-2018-0057) by
Steve Bainbridge Located at 2075 and 2155 W. Franklin Rd.
1. Request: Annexation and Zoning of 3.68 Acres of Land
with a C-G Zoning District
McCarvel: So, at this time we will open the public hearing for item H-2018-0057,
Bainbridge Franklin.
Beach: Thank you, Madam Chair, Members of the Commission. As you said, this is a
project called Bainbridge Franklin. It is west of Linder Road on West Franklin. This is
an application for annexation. The site consists of approximately 3.68 acres of land. It
is currently zoned RUT, located at 2075 and 2155 West Franklin. To the north is West
Franklin Road and Industrial properties zoned I-L. To the east are the Twelve Oaks
Villas, zoned C-C and TN-R. To the south is vacant commercial properties, zoned C-C,
as well as to the west, vacant commercial properties, zoned C-C. There is no current
City of Meridian history on this property, because they are requesting annexation this
evening. The applicant did provide a concept plan for the developments. Before I get
there, though, the Comprehensive Plan future land use map designation for this is
mixed use commercial, which is part of the Ten Mile interchange specific area plan.
The applicant is requesting annexation, as I said, of 3.6 acres to the C-G zoning district,
which is consistent with the mixed use commercial land use designation. The city may
require and is requiring -- the staff is recommending, I should say, a development
agreement with several provisions. I can go through those if you would like. They are
also in the staff report. As I mentioned, this is a concept plan provided by the applicant
for the development, showing several relatively small pad sites with associated parking.
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July 12, 2018
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Staff is -- has the following comments on the proposed conceptual plan. The plan does
not allow or show the required 25 foot landscape buffer, both on the east and on the
north boundary of the property -- against the residential and against Franklin Road.
There are some existing buildings on the site. Staff has a condition that the applicant
remove the structures and as well as cease the business that is currently operating
there and the structures be removed immediately upon annexation. They are asking for
access from West Franklin Road. Are providing cross-access to the Twelve Oaks
development to the east and staff has also added a condition that they provide cross-
access to the west. Conceptual building elevations provided by the applicant and they
have to get a certificate of zoning compliance and administrative design review
application before they are allowed to construct any -- any businesses or structures on
the -- on the property. We did restrict the number of -- number and type of uses that
they would be allowed to have on the property. Staff is recommending approval. Did
not receive any comments and with that I would stand for any questions you have.
McCarvel: Okay. Any questions for staff? Would the applicant like to come forward.
Nickel: Good evening, Madam Chair and Commission. Shawn Nickel. P.O. Box 1595,
Eagle, Idaho. We are tonight representing Steve Bainbridge -- Bainbridge, the owner of
the property. Staff has done a good job at -- at the analysis for the project. We are in
favor of -- of all of the conditions with the exception of condition -- on your page 23,
Condition 1-1-1E. We would like to keep those existing structures on the property while
Mr. Bainbridge markets -- markets the property for redevelopment. There are two
houses on the property at this time that bring in income to Mr. Bainbridge. So, we
would ask that that condition be removed and allow us to -- to retain those two
structures and their uses on the property until development. With that I will stand for
any questions.
McCarvel: Okay. Any questions for the applicant?
Fitzgerald: Madam Chair?
McCarvel: Commissioner Fitzgerald.
Fitzgerald: Will there be a time frame that would be acceptable? Because I think there
is going to be a balance between -- when you get into development you kind of got to
get in and get out and that's kind of -- so, will there an acceptable -- and so I can
bounce it off staff for you guys -- time frame wise what are you guys looking at? I just --
it's got to be a balance somewhere in between getting the development going and
having housing there.
Nickel: And Mr. -- Madam Chair and Mr. Commissioner, the applicant would be willing
to do a five year moratorium on that -- or a five year sunset on that -- on those uses if
the property doesn't develop within that time frame.
Fitzgerald: Thank you.
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July 12, 2018
Page 7 of 18
McCarvel: I guess -- so, what's the hurry -- what's the urgency of getting into the city
now than before it's been marketed and a real plan? Because it looks -- like I mean this
plan that is shown is probably not acceptable anyway, because it doesn't show the
landscape buffers, the cross to the west -- I mean -- so, we would be not even looking at
this plan. So, to change the zoning and -- and do it now, what's the rush?
Nickel: Madam Chair and Commissioners, the staff has put a condition of approval that
we bring back a revised site plan prior to City Council, which we will do that. The
reason for the applicant rezoning the property is so he can market it as a commercial --
as a commercial use. It cuts off three or four months of someone having to go in and do
that -- do that additional step, not knowing if the -- if the property is -- is appropriate for
the uses. That's one reason we are doing this right now is so we can establish what
type of uses can go on the property and a basic concept plan for the property,
understanding that it is -- it could change slightly depending on the user, but to establish
those cross-accesses now, to establish those uses now, that's -- that's why the
applicant has decided to request annexation and rezone at this time.
McCarvel: Any other questions for the applicant? Okay.
Nickel: Thank you.
McCarvel: Thank you. Chris, do we have any public testimony?
Johnson: Madam Chair, only Mr. Nickel signed it.
McCarvel: Okay. Is there anyone else -- there being no one signed in, is there anyone
else in the room who would like to testify on this application? Okay. At this time can I
get a motion to -- if there is no more questions for the applicant can I get a motion to
close the public hearing for Item H-2018-0057?
Holland: So moved.
Perreault: Second.
McCarvel: It has been moved and seconded to close the public hearing on H-2018-
0057. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
McCarvel: I'm thinking I would like to see a little more done on it versus leaving a lot up
in the air again and especially with having potential of five years sitting out there.
Wilson: Madam Chair?
McCarvel: Commissioner Wilson.
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July 12, 2018
Page 8 of 18
Wilson: I guess it's staff. I mean I can't remember an instance -- I know we have
allowed buildings to remain on -- I mean I think, but the five years -- it just seems like a
lot -- okay. Yeah. It's a long time.
Fitzgerald: Just for the record, Madam Chair, can we -- Josh, what's the time frame in
regards to -- if we approve this now or later, how -- there is not a requirement to do
anything on it anytime soon; correct? I mean annexations is when we have the ability to
-- to -- we have teeth. We have --
Beach: Yeah. So, what I will say is we typically don't allow folks to annex into the -- into
the city and keep structures --
Fitzgerald: Yeah.
Beach: -- unless they are going to connect those structures immediately to city utilities
-- I don't believe that's their plan and so that's why the condition in there is to remove
them and, typically, that long of a sunset -- I'm kind of with you on that, I don't
understand what the --
McCarvel: Yeah.
Beach: But it will save them some time marketing wise, I guess, to have it be zoned
commercial, but without an actual user for the property right now -- I don't understand
the rush anyway. That's just my opinion.
McCarvel: Yeah.
Parsons: Madam Chair, Members of the Commission, the other thing that we have to
keep in mind -- and what Josh alluded to in his presentation is they are currently R-1 in
the county now, which is a residential district. If this property were to annex in now we
are creating a nonconforming use for the city, because we are allowing a residential use
in a commercial if it gets approved and we have a C-G. We try not to create those
situations for ourselves and Josh did a great job of also letting you know that if a
structure is going to stay on the site it really needs to hook up to utilities. The other
thing that didn't come up was one of the residents or one of the structure is being used
for a small engine repair business. I don't know if that was grandfathered in or
approved at the county or not. Maybe the applicant can shed some light on that for you
this evening, but that's the other thing, we don't know if that's a legitimate business or
not. Again, we don't want to perpetuate that. It's not consistent with the vision of the
Ten Mile plan. The other thing that we pointed out into our -- in our staff report as well
is that mixed use commercial type properties are meant to be larger in size and we
recognize that this is only a small piece of the property. In our staff report, in our comp
plan analysis, we tried to share with you that the adjacent property owner to the west
went through that process and changed their land use from what was a residential
designation to this mixed use commercial. So, that's why we have conditioned the
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July 12, 2018
Page 9 of 18
applicant to a development agreement that, you know, we are not really keen on this
concept plan. We don't think this is going to work for this property at this point. That's
why we said once you have a user come back and amend your development agreement
again, so we can make sure that we are setting up this property for success for
development by providing -- looking at access at that point, looking at pedestrian
connectivity with that larger piece to the -- to the west of this property. It really needs all
kind -- that's kind of the intent behind the mixed use commercial designation is that it's
all being integrated as one project and so with that particular piece to the west that's
one of the conditions that staff put on that particular property. When that came before
you in 2015 they had a bubble plan. They didn't have any of that refinement for you to
take under consideration. So, in that adjacent property owners development agreement
they have to come back before City Council and get their concept plan reviewed -- a
more detailed concept plan as well. So, I think in this case, yeah, the applicant may not
be ready. We have things for you to take into consideration in the staff report as part of
the DA, but, really, the applicant needs to come back at some future date to either give
us a better understanding or better concept on how this is going to relate to the adjacent
properties. But we will leave that up to you. The issues that you have tonight is the
concept plan doesn't have some of the things that code requires. We don't have a lot of
cross -- cross-access except for the property to the east and, then, we don't know how
that adjacent property is going to develop at this point. So, just something to consider
as you take this under advisement this evening.
McCarvel: I'm feeling just a little bit like we have got cart before the horse here and that
-- I don't think it would be a difficult process to come in with the C-G zoning at some
point with a plan, but I agree, this -- you know, recommending annexation into the city,
which we would love to have you, but I think the plan needs to be a little farther along.
Holland: Madam Chair, I tend to agree as well. I think they have -- it's not necessarily a
bad project, but I think they have got to do -- they have got to do some due diligence to
make sure that they meet their code requirements before they are ready to move
forward and, I agree, the structures probably would be a conflict if they were to remain
on the site.
McCarvel: In a five year sunset -- yeah. A lot can happen between now and then. And
they are -- are we ready for a motion?
Fitzgerald: Madam Chair, are you thinking you would like them to come back with a
concept or are you thinking that we are doing something completely different? Because
I --
McCarvel: I mean it doesn't seem like they are at a point where another couple of
weeks is going to do it.
Fitzgerald: Yeah.
McCarvel: I think --
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July 12, 2018
Page 10 of 18
Perreault: Madam Chair?
McCarvel: Commissioner Perreault.
Perreault: I think the ACHD report to be significantly different that are down the road
that we -- well, from the -- you know, how they are going to approach the entrance off of
Franklin. That could look -- I mean as staff says we are growing, that could look very
different even in three years. So, that is of concern for me.
McCarvel: Okay. Is that -- or do we have more discussion?
Wilson: Madam Chair. I agree.
McCarvel: Okay.
Wilson: I mean I think there is a -- yeah, I mean I think I agree the five years is --
McCarvel: Okay. Go for it.
Wilson: After considering all staff, applicant and public testimony, I move to recommend
denial to City Council of file number H-2018-0057 as presented during the hearing date
of July 12th, 2018, for the following reasons: The concept plan we don't believe kind of
-- is -- meets our vision for the way this area is going to develop and also the -- the
proposal that those two structures remain for five years, we don't -- well, I guess that's
not a reason. It is. Okay. And the condition -- in the proposal that those two buildings
remain.
Holland: I will second.
McCarvel: It has been moved and seconded to recommend denial of file H-2018-0057.
All those in favor say aye. Opposed? Motion of denial carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
C. Public Hearing for Fairbourne Subdivision (H-2018-0052) by
Fairbourne Development, LLC Located at the Northwest
Corner of W. Chinden Blvd. and N. Black Cat Rd.
1. Request: Rezone of a Portion of Property from R-15 (9.71
Acres), R-8 (39.71 Acres), and C-C (19.48 Acres) to R-8
(62.41 Acres) and CC (6.48 Acres); and
2. Request: Preliminary Plat Consisting of 176 Building Lots
and 26 Common Lots on 66.35 Acres of Land in a
Proposed R-8 and C-C Zoning District; and
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July 12, 2018
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3. Request: To Be Removed From an Existing Development
Agreement and to be Placed in a New, Separate Agreement
McCarvel: Okay. So, at this time we would like to open the public hearing for item H-
2018-0052, Fairbourne Development, and we will begin with the staff report.
Beach: Madam Chair, Members of the Commission -- so, before you this evening is an
application for a rezone, preliminary plat, and to modify an existing development
agreement. The site consists of approximately 66.35 acres of land, which is currently
zoned R-15, R-8, and C-C, located at the northwest corner of West Chinden and North
Black Cat Roads. Adjacent zoning is -- to the north is the Phyllis Canal and agricultural
property, which is zoned RUT in Ada county. To the east is a future Black Cat Road
and single family residential property in the Tree Farm Subdivision, which is zoned R-4
and R-8 and a commercial nursery zoned C-C and R-15. To the south is Chinden
Boulevard and single family residential or agricultural land, zoned RUT, and to the west
is agricultural and residential property, zoned R-1 and RUT. In 2006 the subject
property was annexed as the Tree Farm Subdivision and was granted approval with R-
15, R-8, and C-C zoning districts and a development agreement was executed upon,
annexation into the -- into the city. Several addendums to that DA have been -- been
recorded. In 2007 a third addendum to the DA was approved and recorded. They
realigned the zoning district boundaries consistent with the approved preliminary plat.
The Comprehensive Plan future land use map designation for this property are three.
It's medium density residential, low density residential and mixed use community. The
subject property is governed by a development agreement that as mentioned earlier the
proposed rezone is generally consistent with the concept plan that was approved with
the Tree Farm annexation back in 2006 and the applicant is requesting to eliminate the
R-15 zoned area and to reduce the C-C zoning designation. The purpose of this reason
is to reduce the amount of commercial property and to increase the amount of
residential property in the area. The applicant shall provide a concept plan for how the
commercial property is going to develop. In the staff report we asked them for that,
then, realized that we actually, indeed, already had the concept plan. So, here are two
concept plans for what would be that -- the hard northwest corner, the C-C zoned
property, and how that would be conceptually developed in the future and, as I said, the
applicant is going to be entering into a new development agreement for the property,
moving back to the preliminary plat. The site consists of 176 single-family building lots,
one commercial lot, and 26 common lots on 66.35 acres of land. The R-8 and C-C
zoning districts are appropriate for the proposed development and the gross densities
for the subdivision is 2.82 dwelling units per acre. The R-8 portion of the project,
without the hard corner that's C-C, is approximately 62.41 acres of land and so, as I
said, 176 single-family residential lots. The approximate gross density for the R-8
portion of the project is 2.82 dwelling units, as I said, which is slightly under the target
density for the mixed density residential, but a C-C portion of the project consists of one
commercial lot and is approximately 4.8 acres in size. The applicant proposes to
develop the project in four phases. There are several common drives -- four, in fact, on
the project, that will serve each of those -- I will point them out for you if you would like.
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July 12, 2018
Page 12 of 18
It's not super important at the moment, but there are several. This portion down here on
the south side of the project will be slightly more dense than the portion to the north.
Chinden Boulevard is a state highway. UDC prohibits access to state highways at
locations other than at section line roads or the half mile between -- between the
section. The applicant is not proposing to access the state highway. Access for the
development will be off of Black Cat Road, which currently is relatively unimproved --
will be required to be improved further with this development and they are providing a
few stub streets to the -- to the west. A future development. The applicant is proposing
8.97 acres or approximately 14.4 percent of the development as open space. The
applicant is willing to include a clubhouse, a pool, a children's play structure and a
pedestrian walking path. Those proposed amenities there. A 35 foot landscape buffer
is required. It's considered an entryway corridor and the applicant has proposed to
construct that 35 foot landscape buffer. You can kind of see here on the plat there is a -
- the landscape buffer is required to be in a common lot with a residential subdivision
and as you can see it does not continue along the commercial. There is also required
to be a landscape buffer there, but it can be in an easement. The applicant is also
required to provide a berm or berm wall combination against the state highway for any
residential. So, this whole portion here will be required to have a berm or berm wall as
part of the project. Going back to the elevations that were provided. Conceptual
elevations. The applicant provided several conceptual elevations that provide a mixture
of materials and elevations. Rear sides of structures that face North Black Cat or West
Chinden shall incorporate articulation through changes in two or more of the following:
Modulation, bays, banding, porches, balconies, material types or other integrated
architectural elements to break up monotonous wall plains and roof lines that are visible
from either of those roads. Multi-use pathways are required to be constructed along
Chinden Boulevard within the public use easement. A certificate of zoning compliance
and design review are required for specifically the clubhouse and pool area and as well
as any commercial development that happens on that hard corner. We did not receive
any comments from the public. Staff is recommending approval and I will stand for any
questions you have on the application.
McCarvel: Any questions for staff?
Fitzgerald: Madam Chair?
McCarvel: Commissioner Fitzgerald.
Fitzgerald: Before we get started, I just want to make sure the Commission knows I live
in the corresponding neighborhood next door in Spurwing Greens and I feel like I can be
impartial, but I will leave that to my fellow Commissioners. I don't have a problem, but
it's up to you guys.
McCarvel: I'm good.
Perreault: I have no concerns.
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July 12, 2018
Page 13 of 18
Holland: No concerns.
Wilson: Me either.
McCarvel: Okay.
Fitzgerald: Thank you. Josh, how does this impact the Black Cat improvements on the
corner with the Costco development?
Beach: I knew you were going to ask that. We got the -- we got the final staff report
from ACHD at about 4:45 this afternoon, so I didn't have a ton of time to -- we can pull it
up and kind of go through it or I can look through it if you have got any other questions
while I do that. I know that there is going to be -- and, Sam, the applicant, can -- can I'm
sure address that a little better than I can. I know there are some impacts as far as
timing of when that's constructed. I believe that the highway district, in coordination with
ITD, is requiring that they build the section from Chinden all the way up to the road --
Fitzgerald: The main entry.
Beach: -- Highlander Falls I think is what's required to be constructed. North of that
they are not doing anything right now. There is going to be a bridge that goes over the
Phyllis Canal eventually. I believe the -- my understanding is it will be a road trust for
now. Fire and Police have asked that they provide a gravel access road up there so
that they can make sure they can provide emergency services to these lots up here on
the corner, but no -- no public road. They had -- I believe the right of way is dedicated
or will be, but there won't be a -- there won't be a public road north of that.
McCarvel: Any other questions for staff? Okay.
Beach: There was a condition from -- Madam Chair, quickly. There was a condition
with the Tree Farm Subdivision that -- that was approved to the east that -- how was -- I
can't remember what the lot number was, the threshold for when that needed to be filled
and they are right at that right now and so that this is going to happen in conjunction
with all the property owners in the area. I suspect some of the other properties that are
here that are not developed will relatively soon, as they are going to have to pay a
bunch of money to build Black Cat Road, so --
Fitzgerald: Thank you.
McCarvel: Would the applicant like to come forward.
S.Johnson: Thank you, Madam Commissioner, Commissioners, my name is Sam
Johnson. 2701 East Pine Avenue in Meridian, Idaho. 83642. I appreciate your time
tonight and appreciate working with staff on this application and I'm glad to be before
you tonight. We -- we believe that this is going to be a great neighborhood. We want
this to be a little bit more than just the standard subdivision and on paper it looks like a
Meridian Planning & Zoning Commission
July 12, 2018
Page 14 of 18
standard subdivision and we hope that some of the amenities that we are adding and
the architectural control and the builder team that we have pulled together will make this
a very good neighborhood and community for -- for Meridian. The -- like -- like Josh
already mentioned, we decided we wanted to do a little less commercial than what was
previously zoned, so we have reduced that down to six and a half acres instead of 19
acres, given with all the commercial development that going on a mile in either direction
east and west with Costco at Ten Mile and the Highway 16 connections to the west.
We -- we started off with a central park that we feel is a great place to pull the
community together in that neighborhood with a pool and clubhouse. We have felt -- felt
from the start, as you can see on this drawing -- does this mouse work? I don't see it
moving. Do you guys see it -- the mouse or -- there we go.
Beach: I can move it.
S.Johnson: You got it? Okay. So, on the area to the right side, which is the rim lots,
we have -- as I have traveled the country, looked at different communities, one of the
things I have admired about other communities is giving some view corridors when you
have a rim -- rim lots, such as these, we wanted to provide a little public space for the
neighborhood to enjoy that view that's -- that are -- you know, I don't know if 40 to 50
feet higher than the property to the -- to the north on the other side of the Phyllis Canal.
So, we have provided that pathway kind of there in the middle of those lots that, then,
connects to that part there where the cursor is and the secondary park. There is -- that
park sits about ten to 12, maybe 15 feet lower than the lots that are abutting it and those
are half acre lots and, then, there is a gentle slope down to the Phyllis Canal. We plan
to fence that area and keep the -- keep the neighbors out of the Phyllis Canal and that
property, but -- and it states an amphitheater, but that's just one of our concepts is just a
secondary park that allows the community and the neighbors to enjoy the views of the --
of that rim versus just a few select people that can afford that -- those rim lots. That
also helps create a -- kind of a loop of pathway systems that can help connect the -- the
community as a whole. We also have -- starting from the rim at -- with those half acre
lots all the way -- fanning down and transitioning down to the lots that are clustered
against Chinden, those are as small as 4,000 square foot lots that are on alleys and so
we wanted to create a -- a good mix of products within this community. Only being 66
acres we wanted to -- we didn't want everything to be the same and we wanted to be
able to provide some various housing types at various price points. Speaking to the
intersection -- or to Black Cat Road, we have been working with the adjacent land
owners on improving that, because it was just a little -- maybe a thousand feet of -- of
unimproved gravel road kind of, so to speak, for many years and that still remains, but
that's -- that's changing now. Right there kind of in the middle of the -- of Black Cat
where it is -- it has part of the Tree Farm Subdivision that's there for their second phase,
that it's just been paved and that's under -- underway now. So, between that -- oh,
between the cursor and Highland Falls that area is already installed and I just spoke
with the developer of the Tree Farm Subdivision this afternoon. They are planning their
third phase and it's under construction now that they -- they have a condition that before
they -- signing of that third phase and final phase for them, but they have a 30 foot wide
asphalt connection to Chinden and they plan to pave that in August or September here
Meridian Planning & Zoning Commission
July 12, 2018
Page 15 of 18
coming up soon. That's all the conditions that they have and part of our condition with
ACHD is to, again, have that -- have Black Cat improved from Chinden to Highland Falls
and, then, north of Highland Falls there is -- there is -- I think Josh alluded to -- ACHD
doesn't want any improvements made, except for a gravel access road at this time.
They are going to -- they are requiring a -- some funds to put in a road trust from myself,
as well as M3 next door. So, the right of way will be dedicated to them prior to final plat
signing and so that right of way will be there, but they don't want to improve that,
because real no -- no reason to have any access to the homes or anything the way it's
designed. But they don't know the exact grading that the road will cross the Phyllis
Canal yet. So, they want to wait until they know exactly what's going to happen with the
Phyllis Canal bridge and, then, they will build that portion and finish that out of -- that
portion of Black Cat. With -- going to the intersection of Black Cat and Chinden, my
understanding is Costco has recently entered into and a STARS agreement has now
been signed by ITD and the developer of Costco and -- and that neighborhood there
next door, they have a condition that states that they are -- before they open their doors
they must have a signal at the Black Cat and Chinden intersection. Don't know exactly
the timing. Their hope is that they would be opening sometime in 2020. Our condition
from ACHD says that we have to have that intersection signaled and improved before
our 112th lot, which would be our first -- which would be our third phase. That is the
threshold that they came up with out of study -- our traffic study that we submitted many
months ago, that we are required to have that intersection signaled either to its full width
or to a temporary width by the time we have our -- the signing of our final plat of our
112th lot. With that I don't have anything else to share and I will stand for questions.
McCarvel: And do you have a question on -- there was some notes in the staff report
about Meridian Police and the Fire had some concerns about that common area being
back there where they can't get to it. Are they okay with that gravel road access or -- I
mean I kind of like the idea of, you know, having that open space back there for
everybody to enjoy I mean I can see some nice benches and -- you know. But are they
okay with that plan --
S.Johnson: Yes. I met with the police department who raised the concern a few weeks
ago. They -- they are okay and I have got a written approval from them that a 14 foot
wide -- a minimum width of 14 feet wide gravel road down to that common area with a
Snoopy turnaround is what we have proposed is sufficient for -- for what they are
needing to be able to access that common lot.
Perreault: Madam Chair?
McCarvel: Yes, Jessica.
Perreault: On the color plat that was just up I didn't see any kind of landscape buffer
between the commercial area and the lots to the west. Is that -- is there going to be
anything in there that's going to separate the two? I don't know if that's a requirement.
McCarvel: The -- block seven?
Meridian Planning & Zoning Commission
July 12, 2018
Page 16 of 18
S.Johnson: The -- as part of the condition for the commercial lot --
Perreault: Yeah. That's what I thought.
Beach: Commissioner Perreault, I will say that we don't require that with the residential
portion. That will come in when that commercial property develops. It's a requirement
of that property.
S.Johnson: The buffer is depicted in the conceptual layout that we show.
Perreault: Okay. Thank you.
McCarvel: Any other questions for the applicant? Okay. All right. Thank you.
S.Johnson: Thanks.
McCarvel: Chris, do we have anybody signed up?
Johnson: Two individuals signed in, but neither indicated that they wished to testify.
McCarvel: Okay. Is there anybody in the room who would like to testify at this time?
Have they changed their mind? Okay. All right. If we don't have any other questions
for staff or the applicant, could I get a motion to close a public hearing on item H-2018-
0052.
Wilson: So moved.
Fitzgerald: Second.
McCarvel: It has been moved and seconded to close the public hearing on H-2018-
0052. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
McCarvel: I think this looks pretty sweet.
Wilson: Yeah. I was going to -- I mean I -- I don't want to just parrot what the developer
said, but I do think that this does -- doesn't look like kind of the -- some of the standard
subdivisions we develop and I think kind of considering the expansion and the growth
that's happening in Meridian we can be a little choosy in what we expect and I think that
this is -- this is a pretty well put together proposal. I think the amenities look really good
and I don't think perhaps we could do much better, so I am supportive of this project.
Fitzgerald: Madam Chair?
Meridian Planning & Zoning Commission
July 12, 2018
Page 17 of 18
McCarvel: Commissioner Fitzgerald.
Fitzgerald: I agree. I think it's a mixture of -- of types of -- size of lots, the types of
houses that can go in there and a grading between -- or the gradient between size of
lots up against Chinden all the way to until the rim lots and giving those a different look
and the view corridors, even though we don't want to put those into any kind of code, it's
something I think that is -- the applicant is taking that into account. I think it's great,
because that is a significant difference of -- off the -- out of that hill between -- going to
the north and so -- and to allow the -- the neighbors to have a park that runs along the
Phyllis Canal is -- I think is great. And so now as they have -- or the requirement from
the Police Department and ACHD I think it's -- I think we are dialed in. As long as the
applicants are working with the other surrounding neighborhoods, with M3, and, then,
the Costco development, I think is -- it sounds like there is some synergy that is a
positive for the city.
McCarvel: Uh-huh.
Holland: Madam Chair?
McCarvel: Commissioner Holland.
Holland: I was going to say, I tend to agree with the other comments made. I think they
have done a nice job of giving a diversity of product out there, so there will be some
smaller lots and bigger lots. I guess my only concern would be the amount of
congestion that all of the development is going to cause out there off of Black Cat and
Chinden, but it sounds like they -- ACHD she has worked with them to figure out when
they need to have the timing of that light to meet the demand of how fast that growth is
coming in. No other concerns for me.
McCarvel: Okay.
Fitzgerald: And it also originates back to Tree Farm Way.
McCarvel: Yeah.
Fitzgerald: Their light, so --
McCarvel: Yeah. I agree. I like the variety of lots. It looks like it was a very well
thought out place.
Wilson: Am I the -- Madam Chair?
McCarvel: Commissioner Wilson.
Meridian Planning & Zoning Commission
July 12, 2018
Page 18 of 18
Wilson: Let's see if I'm three for three. After considering all staff, applicant and public
testimony, I move to recommend approval to City Council of file number H-2018-0052
as presented in the staff report for the hearing date of July 12th, 2018.
Fitzgerald: Second.
McCarvel: It has been moved and seconded to approve file H-2018-0052. All those in
favor say aye. Opposed? Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT.
McCarvel: Who would like the honors?
Fitzgerald: Greg.
McCarvel: Want to go four for four?
Wilson: No.
Fitzgerald: Madam Chair, I move we adjourn.
McCarvel: Thank you. Would anybody like to second that?
Perreault: Second.
McCarvel: It has been moved and seconded that we adjourn the meeting. All those in
favor say aye. All those opposed? Motion carries.
MOTION CARRIED: FIVE AYES. TWO ABSENT,
MEETING ADJOURNED AT 6:50 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
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