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2018-11-01Meridian Planning and Zoning Meeting November 1, 2018. Meeting of the Meridian Planning and Zoning Commission of November 1, 2018, was called to order at 6:05 p.m. by Acting Chairman Ryan Fitzgerald. Members Present: Commissioner Ryan Fitzgerald Commissioner Steven Yearsley, Commissioner Bill Cassinelli, and Commissioner Lisa Holland. Members Absent: Chairman Rhonda McCarvel, Commissioner Jessica Perreault and Commissioner Gregory Wilson. Others Present: Chris Johnson, Andrea Pogue, Bill Parsons, Sonya Allen, Stephanie Leonard and Dean Willis. Item 1: Roll-call Attendance __X___ Lisa Holland ___X___ Steven Yearsley ______ Gregory Wilson ___X___ Ryan Fitzgerald ______ Jessica Perreault ___X___ Bill Cassinelli _______ Rhonda McCarvel - 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 date of November 1st, 2018, and let's begin with roll call, please. Item 2: Adoption of Agenda Fitzgerald: Thank you, sir. The first item on the agenda is the adoption of the agenda. One change on our agenda, we will be opening Buyrite, LLC, Apartments, CUP H-2018- 0096, just for the opportunity to continue it. It was not properly posted and so we will be moving that application to November 15th. So, if you're here for that that will be continued to November 15th. Can I get a motion to adopt the agenda as amended? Cassinelli: So moved. Holland: Second. Fitzgerald: I have a motion and a second. All those in favor say aye. Opposed same. Motion carries. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 3: Consent Agenda [Action Item] Meridian City Council Meeting Agenda November 15, 2018 – Page 5 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 2 of 43 A. Approve Minutes of October 18, 2018 Planning and Zoning Commission Meeting B. Findings of Fact, Conclusion of Law for The Goddard School (H2018-0108) by Richard Antl, Located at 2009 S. Wells Ave. Fitzgerald: Next item on the agenda is the Consent Agenda and we have two items on the agenda -- on the Consent Agenda. Can I get a motion to approve the -- approve of the minutes from October 18th Planning and Zoning Commission meeting and the facts -- or Findings of Facts and Conclusion of Law for the -- the Goddard School. Holland: So moved. Cassinelli: Second. Fitzgerald: I have a motion and a second. All those in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: And at this time I would like to give a brief explanation on how we handle the public hearing process for this evening. We will open each item individually and, then, start with the staff report. The staff reports the findings regarding how the item adheres to our Comprehensive Plan and Uniform Development Code, with the staff's recommendations. After the staff has made their recommendations or their presentation, the applicant will come forward to present their case for the approval of their application and respond to any staff comments. The application -- or the applicant will have 15 minutes to do so. After the applicant has finished their public testimony -- there is a sign-up sheet in the back as you entered -- or there is a -- I guess it's an iPad now -- to sign up to testify. Any person wishing to testify 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 in the audience on who they are speaking for, they can represent the group and have ten minutes to speak. After all testimony has been heard by the -- the applicant will come back up and have another ten minutes to close. If they respond to questions and do any follow up they want to. And after that we will close the public hearing and the Commissioners will have an opportunity to discuss and deliberate over -- before making a recommendation on the application. Item 4: Action Items A. Public Hearing for Buyrite LLC Apartments (H-2018-0096) by neUdesign Architecture, LLC, Located at the NW corner of W. Ustick Rd. and N. Linder Rd. 1. Request: Rezone property from C-C (5.90 acres) to R-40; and Meridian City Council Meeting Agenda November 15, 2018 – Page 6 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 3 of 43 2. Request: Conditional Use Permit for a multi-family development consisting of 96 multi-family residential units within 4 multi-family structures on 4.772 acres of land in a proposed R-40 zoning district; and 3. Request: Modification of an Existing Development Agreement to allow for R-4 Fitzgerald: So, at this time I would like to move to open the public hearing on H-2018- 0096 by Buyrite, LLC, Apartments for the opportunity to continue that application. Holland: So moved. Yearsley: Well, we are not -- a motion -- you're just opening. Fitzgerald: I'm opening the public hearing. Yearsley: Mr. Chair, I re -- I make a motion that we continue file number H-2018-0096 to the hearing date of November 15th, 2018. Holland: Second. Fitzgerald: I have a motion and a second to continue H-2018-0096 until the date of November 15th, 2018. All those in favor say aye. Opposed same. Thank you very much. And we will continue that until November 15th. MOTION CARRIED: FOUR AYES. THREE ABSENT. B. Public Hearing Continued from October 18, 2018 for Del Taco (H- 2018-0106) by Tom Lennon, Located at 1617 W. Island Green Dr. 1. Request: Conditional Use Permit for a drive-through establishment within 300 feet of a residential district and existing residences in a C-C zoning district Fitzgerald: Moving on to the next agenda item is Del Taco. It's H-2018-0106 and we will start with the staff report. Allen: Thank you, Mr. Chairman, Members of the Commission. The first application before you tonight is a request for a conditional use permit. This site consists of .72 of an acre of land. It's zoned C-C and located at 1617 West Island Green Drive at the southwest corner of North Linder Road and West Island Green Drive. Adjacent land use and zoning. To the north is rural residential properties zoned RUT in Ada county. To the east is North Linder Road and mixed use commercial development, zoned C-3, Meridian City Council Meeting Agenda November 15, 2018 – Page 7 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 4 of 43 DA, in the city of Eagle, and to the south and west is vacant undeveloped land zoned C- C. The Comprehensive Plan future land use map designation is mixed use community. The applicant is requesting approval of a conditional use permit for a drive-thru establishment within 300 feet of a residential district and existing residences in the C-C zoning district. The site plan as shown complies with the specific use standards in the UDC for drive-thru establishments. Access is proposed via West Island Green Drive. A cross-access easement exists between all lots in the subdivision. Street buffer landscaping along Linder and Island Green Drive was -- and Chinden was -- actually Chinden isn't adjacent to this site. But, anyway, it was completed with the subdivision improvements. Parking is proposed to be provided on the site in accord with UDC standards. To reduce traffic conflicts with vehicles exiting the drive-thru and vehicles entering and existing -- exiting, excuse me, the parking area from West Island Green Drive, staff is recommending some revisions to the site plan and I just didn't mark up here on the site plan -- and a landscape planter island on the west side of the center row of parking, that's the green area you should see there, and, then, restricted two spaces on the west side of the parking lot, marked with X's to employee parking only and, lastly, consider extending the curb, that red line where vehicles exit the drive-thru across the first drive aisle to funnel traffic from the drive-thru through the western most drive aisle. Conceptual building elevations were submitted as shown. Building materials consist of stucco, with standing metal seam awnings. Final design is required to comply with the design standards in the architectural standards manual. No written testimony has been received on this application. Staff is recommending approval with the conditions in Exhibit B of the staff report. Staff will stand for any questions. Fitzgerald: Any questions of staff? Would the applicant like to come forward. Sir, please give us your name and address before you start, please. Lennon: Tom Lennon with Erstad Architects. 310 North 5th Street. Representing Rocky Mountain Companies, the developer of the property. We do not have any -- we have -- well, we have no response negatively to the staff report. We are in full agreement. If -- we would prefer not to have that buffer in red that was shown on the -- on the screen, but if that's a deal breaker we are okay with it. We did not get a written response back to Sonya until later this afternoon after she requested it today, mainly because we were making sure that all the conditions that were asked for we could do with our engineering crew and landscape. So, we are good with everything that's here. Fitzgerald: Any questions to the applicant? Commissioner Yearsley. Yearsley: Mr. Chair. Can I ask why you don't want the little island in red? Lennon: I have got a feeling that we are going to be asked to eliminate some of the parking adjacent to the building, just for -- for backup on that -- on that driveway, so we would like to keep that if at all possible. We would like to try and maintain as many of those parking spaces as we can. The two employee over on the west side, no big deal. Yeah. Meridian City Council Meeting Agenda November 15, 2018 – Page 8 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 5 of 43 Yearsley: Right. Okay. No, I just -- just was curious. Lennon: Sure. Yearsley: Thank you. Fitzgerald: And, sir, just for the record, the -- the ordering platform or the squawk box is pointed south towards Chinden; correct? Lennon: Correct. Fitzgerald: So, it's away from anything that would be -- Lennon: Yeah. Away from the north, which is the closest residential that we have. Yeah. Fitzgerald: Any additional questions for the applicant? Thank you, sir, very much. Lennon: Okay. Fitzgerald: Chris, do we have any signed up wanting to testify? Johnson: Mr. Chairman, we have five signed in, three wishing to testify. The first was the applicant. Next is Andrew Lawrence. Fitzgerald: Mr. Lawrence, you want to come up and state your name and address for the record, please? Lawrence: Andrew Lawrence. 1685 West Brandt Lane, Meridian. I am 50 feet or less from that facility. The exit comes right in my back door and all my windows at bedrooms. Why does it have to face that way? Why can't the exit come in from the -- I mean the drive-thru come in from the -- from the west and, then, go south and, then, exit after they get their stuff? Why does it have to go west -- I mean east and, then, north aiming right at my house less than 50 feet away and, then, going west. That's my only complaint. These people have every right to build a business there. They stated the night that you had the new high school Planning and Zoning thing, they were supposed to have been here and met with us. We got a letter from him and there was a no show and, then, a couple weeks ago they had a cancellation when it was supposed to come for Planning and Zoning and they postponed it until tonight. He was very uncooperative as far as I'm concerned. They made no attempt -- knowing there is a house right there -- to stop and talk to us. Others have. So, I'm really upset about this and I object totally to the plan of their entrance and exit to the drive-thru. If that can be fixed or they can put in big shrubs to block the light, then, I can go along with it and on my house -- I don't know if you guys have ever driven by there. I'm sure you have. I have some skyrocket junipers on the Linder side that goes a full -- almost the full length of my property and they were put there by -- I can't remember his first name. Eisenberg, the developer, to help us with the development across the street, which was Meridian City Council Meeting Agenda November 15, 2018 – Page 9 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 6 of 43 Fred Meyer. So, I'm going to ask you for that and I'm asking for something like that on your property, so they can shield us from their lights or change the direction. Thank you. Any questions? Fitzgerald: Commissioner Yearsley. Yearsley: So, I think the reason why they wanted to go this way is because of the speaker, when they talk to the microphone, is facing away from your property and so that's kind of why they are -- I think that's why they tried to do it that way and so you wouldn't have the sound from the speaker going towards your property and so I guess my question is is would you rather have the sound or the light? We could potentially make -- add some shrubs for that if -- Lawrence: Are you familiar with Taco Bell across the street? Yearsley I am not. Lawrence: I can hear their drive-thru. I can hear their speakers and at 5:30 on Thursday mornings I can hear the trash trucks come and shake their dumpster. So, what's going to happen 50 feet away from me when they come and shake these guys' dumpster? I'm going to get up at 5:30 or whatever time they come, whether I want to or not. Yearsley: Right. Lawrence: They can shield those speakers and put something -- something on the edge of it to -- I understand to suppress that sound. It doesn't -- I mean it's not going to be aiming at my house. Yearsley: Right. Lawrence: That can be dealt with. Yearsley: Okay. Lawrence: And it can also be dealt with with shrubbery. Yearsley: Right. Okay. I just wanted to -- Lawrence: I understand. Yearsley: Thank you. Lawrence: The lights are -- are equally as bad as the sound. It's a problem in other wa ys. Yearsley: I totally understand. Meridian City Council Meeting Agenda November 15, 2018 – Page 10 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 7 of 43 Lawrence: In fact, there is an Idaho City credit union -- or a credit union across the street in that Fred Meyer shopping center and when people come through to their drive- thru their lights ring -- aim right at my house, but what they did was they built a retaining wall that shields those lights. It's always the great big fancy trucks that would do that, that would go above that. Yearsley: Okay. Lawrence: I mean there is so many problems that -- any other questions? Cassinelli: Mr. Chairman? Fitzgerald: Commissioner Cassinelli. Cassinelli: Is it your -- you're the property adjacent to Linder; is that correct? To the north of the -- Lawrence: Yes. On the corner. Cassinelli: Okay. Do you have a fence in your -- in your backyard? Lawrence: We have vinyl fencing. Cassinelli: Is it a standard six foot fence? Lawrence: Oh, no. It's like a four or five foot fence. Cassinelli: Okay. Lawrence: But it's -- it's the vinyl -- Cassinelli: Slatted. Lawrence: -- farm fencing. Cassinelli: Oh, the farm -- okay. Like a three rail fence. Okay. Lawrence: I had to train my dogs not to go under it. Cassinelli: Important there. Thank you. Fitzgerald: Any additional questions? Thank you, sir, very much. We appreciate it. Johnson: Next is Casimir Sergei. You can bring an interpreter. Meridian City Council Meeting Agenda November 15, 2018 – Page 11 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 8 of 43 Fitzgerald: Oh, no. He wants to testify for the church I think. Johnson: My apologies. Fitzgerald: Thank you. We will make a change. The church application. Johnson: And that was everyone. Fitzgerald: Does anyone in the audience wish to testify on this application that hasn't yet or hasn't been called? Would the applicant like to come back up and respond? Lennon: Name again? Fitzgerald: Yes, sir. Lennon: Tom Lennon with Erstad Architects. Our apologies to Mr. Chestnut. Screening we can provide. No issues there. I think we could -- we would be more than happy to work with the planning department as do we want something more solid or do we want to do some -- you know, we can stagger the screening, maybe starting at the berm adjacent to the street. The one point I would like to make is that -- Commissioner Yearsley, like you brought up and I appreciate that -- because the speaker is facing south we also have the building between the gentleman's house and our speaker, which is a lot different than what Taco Bell is across the street and as far as the trash guys, I think -- I don't know what we can do about that, but -- but as far as the screening and the -- and the lights, I totally understand that. What we -- I have just spoken with the client, we can easily get that taken care of in our design review. Fitzgerald: Okay. Any -- Holland: Mr. Chairman? Fitzgerald: Commissioner Holland. Holland: One question. Could you clarify what the hours of operation will look like for this facility? Lennon: 7:00? Holland: The hours of operation, how early they will be open and how late they will be open. Lennon: So, 11:00 in the morning until 10:00 at night. Holland: Thank you. Lennon: No early morning 5:30 breakfast. Meridian City Council Meeting Agenda November 15, 2018 – Page 12 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 9 of 43 Fitzgerald: And, Sonya, this is a CUP, so in working with the applicant to make sure that proper landscaping or buffering, I guess, of the gentleman's house, how would we put that in place? Allen: Mr. Chair, staff would appreciate some pretty clear direction from the Commission. Fitzgerald: Got it. Allen: Staff is happy to work with the applicant to -- to get there, but some clear direction would be good. Also if you're inclined to restrict the hours of operation that would also be something that you would need to recommend in the staff report. Fitzgerald: Commissioner Yearsley, go right ahead, sir. Yearsley: Mr. Chair. So, clear direction. Do you mean by shrubs or a fence? Or do we just want to say screening and let you decide? I just want to make sure that what -- that clear direction. But I can -- I think from that I -- Allen: The more details the better. Yearsley: Okay. Allen: If you're -- if you're going with landscaping it would be good to know, you know, spacing. If we are talking, you know, location, if we are talking on this property or on the neighbor's property. He might prefer being on their -- on his property. That's something you may want to ask him. Yearsley: And I guess the question is do you have room for a small fence along your edge of your property to put it there? Because I think the fence would be a better screen than landscaping. Lennon: Yeah. We are good. Yearsley: Okay. Lennon: We would -- yeah, we can do the solid fence and we probably want to screen it from the street side, though, just to make sure we buffer that a little bit. Yearsley: Okay. I'm good. That works. Cassinelli: Mr. Chair? Fitzgerald: Commissioner Cassinelli. Meridian City Council Meeting Agenda November 15, 2018 – Page 13 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 10 of 43 Cassinelli: Is there -- would you have a -- if it was a fence, something solid like that, would you have a preference of a -- of a material? Do you want -- I mean stone versus -- versus a fence? As the architect what would you -- Lennon: I think I -- I would rather not choose that tonight if possible. If I can do a solid fence of some kind that -- and we could work with staff through the DR and CZC, I think we can come up with a solution that would work for -- for all parties. Cassinelli: Okay. Fitzgerald: Bill, did you want to add anything to the discussion? Parsons: Mr. Chair, Members of the Commission, certainly if you -- the applicant has to go through design review. As part of screening requirements we typically want a wall or any kind of mechanical screening. We wanted it to compliment the design or the -- the architecture of the building. So, I think we could probably get there with the applicant if they are willing to do more than just a wood fence or a vinyl fence, but at least when they are designing this and working with us they think about that context as part of the design review application to incorporate some of those same materials, so it's -- it's a cohesive design and we get something attractive along that street. Lennon: If I may, there is no stone on our buildings and if we could try to incorporate something with the colors, the plaster, the metals that are -- that are on the building, I would prefer something that way, rather than a stone. It's kind of -- Fitzgerald: It's stucco; correct, sir? It's a stucco -- stucco building? Lennon: Yes. Fitzgerald: Okay. Lennon: Yes. Fitzgerald: Any additional questions? Yearsley: Mr. Chair? Fitzgerald: Commissioner Cassi -- or Yearsley. I can -- I'm looking both ways. Yes, sir. Go ahead. Yearsley: Sonya, do you have issues with removing the red island that -- your island in red? Allen: Mr. Chair, Commissioner Yearsley, Commissioners, I do not. It was actually a recommendation and it was worded as such in the staff report, so they can take it or leave it. Meridian City Council Meeting Agenda November 15, 2018 – Page 14 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 11 of 43 Yearsley: Okay. Allen: If you would prefer that it be there though, however, you can make that change to the staff report. I would like to actually -- I just realized that I forgot a condition of approval in the staff report that needs to be there. Hours of operation in the C-C zoning district when adjacent to residential uses is restricted from 6:00 a.m. to 11:00 p.m. There is a local street that separates this site from the residential. So, it's not directly adjacent to it, but if that is something that you would wish to include in the conditions, please, note that. Fitzgerald: Are you good with those? Lennon: Uh-huh. Fitzgerald: Any additional questions for staff or the applicant? Holland: Mr. Chair, just one question. When Sonya was giving some conversations about what we could or couldn't do, I wonder if we want to ask the gentleman who has the house on the corner of Island Green and Linder, while we still have the hearing open, if perhaps it would be better to work -- have this tenant work with them to build the fence on their side, rather than having a fence on the -- this property itself? If we want to have that conversation. Yearsley: Well, I think he talked about it how he would prefer the screening to be on their -- on their property, not on the other side of the street and I think that makes a lot more sense. Fitzgerald: Yeah. Working off property gets a little hairy, especially because that's not -- this chunk right here is not his property. Holland: Okay. Allen: Mr. Chair? Fitzgerald: Yes, ma'am. Allen: If I may, what I heard, which may or may not be correct, from the neighbor was that he didn't expect it to be put on his place -- on his property. So, you -- if you want to get clarification from him. Fitzgerald: Sir, would you mind stepping to -- would you come forward, sir, again and give us your thoughts if -- if you would like this landscaping on your property or on the Del Taco property. Lawrence: Name and address again? Meridian City Council Meeting Agenda November 15, 2018 – Page 15 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 12 of 43 Fitzgerald: Please. That would be great. Lawrence: Andrew Lawrence. 1685 West Brandt Lane, Meridian, Idaho. I was thinking of shrubbery. I would not like that on my property. If there was alteration to my fence, I would not object to that. You know, if it was discussed and I agreed on what they decided to do. There is also -- I don't know who owns the -- who they consider the ownership of the easement from the outside of my fence to the street. That would be a good place for -- for shrubbery or whatever, but I'm willing to work with them. I'm not -- you know, not totally a bad guy. Fitzgerald: Okay. Any questions -- any additional questions? Thank you, sir, very much for the clarification. Lawrence: Thank you. Fitzgerald: Would the applicant like to come back real quick? Any additional thoughts on working with them on a fence for his property or -- or how would you guys rather handle it? Would you rather handle it on your property or on -- on his? Lennon: We would prefer on our property. Fitzgerald: Okay. Lennon: Yeah. Fitzgerald: Okay. Lennon: Just to make everything clean. We start working on another property it's -- and it's city property between us and him, so -- Fitzgerald: Okay. Any additional questions? Holland: Don't think so. Cassinelli: Mr. Chair? Oh, not for the applicant. Fitzgerald: Okay. Thank you very much, sir. We appreciate it. Commissioner Cassinelli, go ahead. Cassinelli: I did have a -- a question for staff. Is -- is -- is this one pad site, is this -- is that -- is there a DA that it's over all those -- the businesses that are going -- that C-C section there, are they all independent? And the reason I'm asking is for fencing material, whatever we -- whatever we make a motion for, does it need to -- is there given materials or anything or -- that fit within -- I know there is a bank right next to that and I believe there is a -- many other businesses that are going in. Meridian City Council Meeting Agenda November 15, 2018 – Page 16 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 13 of 43 Allen: Is your question is there a development agreement on this? Cassinelli: Correct. That would govern a fence or something. Allen: There is a development agreement on this property, but it doesn't speak to what's been discussed here tonight. Cassinelli: We can -- Allen: If you're -- if you're wanting to make a requirement for this development you need to make it with the conditional use permit that's before you tonight. Cassinelli: Okay. Thank you. Fitzgerald: Any additional questions of staff? Cassinelli: Mr. Chairman? Fitzgerald: Commissioner Cassinelli. Cassinelli: I move we close the public hearing on Item No. 4-B, Del Taco, H-2018-0106. Holland: Second. Fitzgerald: I have a motion and a second to close the public hearing on H-2018-0106. All those in favor say aye. Opposed same. Motion passes. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: Okay. Who wants to start? Yearsley: Mr. Chair? Fitzgerald: Commissioner Yearsley. Yearsley: I think, you know, based on the discussion that we had, I like the idea of a fence being on their property. I don' know if I really care to tell them what it is, as long as they work with staff and -- and have it be complementary to their building. I think between the architect and the staff they can come up with a look that will look well, because I can tell you I can't -- that's not under my purview, so -- and I do -- I'm -- I understand the applicant's request not wanting to put that one island in, but I think the other island that Sonya -- the one in green, I think it makes a lot of sense. It will be a lot cleaner to have that in there and I understand what his -- you know, trying to back out, if -- if he has that there, the -- those couple of parking spots close to the building may end Meridian City Council Meeting Agenda November 15, 2018 – Page 17 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 14 of 43 up having to go away or reconfigured. So, I think with the green one I think it will help with the traffic flow, make it a lot cleaner. So, that's -- that's what I would recommend. Fitzgerald: Commissioner Holland. Holland: Mr. Chair. One question for staff, too. I'm sorry I missed this one earlier. Do we have any proposed projects for south of the site currently? I know we -- we saw one that was a bank somewhat recently that came through. Allen: Yes, we do. There was a carwash that was recently approved there. Just -- just another couple thoughts -- I don't want to beat this to death, but on the -- on the screening requirements you might leave an out. If you're leaning towards a fence in your recommendation or your decision I should say, you might leave an out. Maybe require that or as -- as agreed upon with the -- with the neighbor and the applicant. Typically we don't like to provide too much screening of drive-thrus. We want it to be visible for public surveillance from the streets for the officers and whatnot for safety. This particular site is open from Linder Road, but I just -- I just want to be careful and not totally wall it off either from Island Green, so -- Fitzgerald: And, Sonya, we have done just like ten foot wall sections before, like brick ones -- Allen: Yeah. Fitzgerald: -- that are -- that are -- that chilled the sound or the -- Allen: Right. Fitzgerald: -- the light, so I would -- Allen: Yeah. I think we can come to some agreement and I would be willing to facilitate a meeting with the applicant and the neighbor as well if that would help, so -- anyway, that's my thought. Yearsley: Well -- and my -- my thinking of a fence was just wide enough for the screening for the light. So, I wasn't talking about the entire property, so -- Fitzgerald: And that's my -- my take as well is I would want it to be as wide as the need be to block the -- the lights, but not any wider, because I think -- they wouldn't want it for marketing purposes, but -- and -- and the police wouldn't want it for being able to track what's going on there. So, that would be my take. Holland: The only other thoughts I have, too, I -- I would agree, I think the landscape buffer on the west side of the property makes a lot of sense to help traffic flow. I don't see having the -- the spot that's designated in red with the -- extending the curb is something I would necessarily want to see. I think it could be -- I know sometimes when I go through a drive-thru and I may be missing some sauces or whatever to go with my Meridian City Council Meeting Agenda November 15, 2018 – Page 18 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 15 of 43 tacos, sometimes it's easier to pull back in the parking lot and run back inside, rather than to loop all the way back around. So, yeah, that -- I think that would be the only change I would -- I would request, aside from having some sort of landscaping buffer and I'm open to leaving some discretion for staff and the applicant to work with the -- the neighbor on what would be appropriate there. Fitzgerald: Commissioner Cassinelli, do you have any thoughts? Cassinelli: I'm -- I'm in agreement with my fellow Commissioners that we come up with a satisfactory screen. I don't think that we need the curb extended in the red. I do -- and just to clarify, Sonya, the green what -- what -- what's -- what's the intent in the green there? Allen: Chairman, Commissioners, the intent of the green is so that we don't have traffic coming in the access here, driving in this way. We don't have traffic going in this way, conflicting with the drive-thru traffic coming out. That one was more important to staff and that is a requirement, unless you guys make a change to it and this one, again, was just -- the red line was just a recommendation. Cassinelli: Okay. Allen: And just one more note -- Fitzgerald: No more notes. Allen: As you can -- the neighbor that testified, I believe his property is right here. It looks like -- the kind of pink area on the north side of the road and that was that kind of buffer area that already had some landscaping in it. That is part of this subdivision, so possibly some landscaping could be put on that lot, rather than the neighbor's property or on this property. You know, I would think that would be a good option. Fitzgerald: And up with giving staff the -- and the applicant and the neighbor a leeway to make a good decision. I think -- I think working with the developer is going to be -- working off your own property gets -- Yearsley: Oh, absolutely. No. I understand. But we don't -- I heard the comment be specific, but, then, we are getting all sorts of different options, so -- Fitzgerald: So, my take -- Cassinelli: Whoever wants to do a motion can design it anyway they want. Fitzgerald: My -- I agree with all of you about the -- the red extension to the curb. I don't think that's necessary. I think the project works there. I do appreciate the applicant being cognizant of the squawk box being away from the residential and I appreciate their willingness to work with that -- with the neighbors to block their Meridian City Council Meeting Agenda November 15, 2018 – Page 19 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 16 of 43 headlights in the back of their house and so I think in that regard I would entertain a motion if there is any -- unless there is any additional comments, but I think a solid fence -- a solid wall or, you know, some significant landscaping there, giving staff the leeway to do it would probably be my thought. Yearsley: Mr. Chair? Fitzgerald: Commissioner Yearsley. Yearsley: After considering all staff, applicant, and public testimony, I move to approve file number H-2018-0106 as presented in the staff report for the hearing date of November 1st, with the following modifications: That the condition of -- that the hours of operation be limited to 6:00 a.m. to 11:00 p.m. and that the applicant work with the adjacent homeowner to come up with an appropriate screening of the lights for the -- for the property, preferably a fence, but, hopefully, a mutual agreeable solution that's specific enough. Holland: I will second. Fitzgerald: Just a clarification. Are we -- the extension of the curb, is that not a condition that we have to worry about? Yearsley: It was a recommendation is what I understood. Fitzgerald: I have a motion and a second. All those in favor say aye. Opposed same. Motion passes. Thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. C. Public Hearing Continued from October 18, 2018 for Alturas Rezone H-2018-0105) by Travis Barney, Alturas 1550 Tech Lane, LLC, Located at 1550 S. Tech Ln. 1. Request: Rezone of 7.24 acres from I-L to C-G zone Fitzgerald: Okay. Moving on to our next application. Open the public hearing on H- 2018-0105, Alturas Rezone and we will start with the staff report. Allen: Thank you, Mr. Chair, Members of the Commission. This application is for a rezone. This site consists of 7.24 acres of land. It's zoned I-L, located at 1550 South Tech Lane. This property is part of a larger area that is subject to the terms of a planned development that was approved in 2001 that allowed professional and sales offices, a daycare center, and a community and neighborhood shopping center -- retail uses with approval of a conditional use permit, along with any allowed uses in the I-L zoning district. The Comprehensive Plan future land use map designation for this property is commercial. The applicant is requesting a rezone of 7.24 acres of land from Meridian City Council Meeting Agenda November 15, 2018 – Page 20 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 17 of 43 the I-L to the C-G zoning district, consistent with the commercial future land use designation. The applicant is proposing to continue the current use of the property of retail, office, and church uses. No new development or redevelopment is proposed at this time. The applicant is requesting the terms of the previously approved planned development to no longer apply to this development as a provision of the subject rezone application through the development agreement. City services, sewer, water and police and fire protection are currently provided to this property. Due to the limited sanitary sewer capacity available to this property, all new proposed tenants should first obtain approval from the Public Works Department prior to leasing and occupying space within the building. There is an existing full access for this site via South Tech Lane, a private local street, along the west boundary of the property. I will just flip to the site plan here. That is this road right here. I'm actually going to just go into the aerial view of the property. It's a little easier to see here. This is the property right here. So, this is their existing access via Tech Lane and, then, they also have an existing full access via Overland Road right here, which is an arterial street and they do share that access with the property to the east, the Intermountain Pet Hospital. The ingress access to this site by Overland is located on the adjacent property, the veterinary property to the east, while their egress is located on this property. This is the sole access for the property to the east. Although the shared access physically exists and is being used by both parties, there is no ingress-egress easement currently in place. The current configuration of the access via Overland and parking lot design on both properties is not a safe design and creates traffic conflicts and unsafe conditions. You will notice here -- I will just kind of zoom in. This island here kind of restricts traffic when they are coming around here to kind of pull in front of this driveway in here to get over here to the exit. Same way coming in and going to this property. The two property owners are currently working together on a redesign of the entrance to their properties and parking lots that will create a more safe access via Overland and circulation between both properties, with a new cross-access driveway further to the north between the two properties. As part of the certificate of zoning compliance for that project, the property owner was required to record a reciprocal cross-access ingress-egress easement with the subject property owner, which I understand is currently in process. The UDC requires access to be taken from a local street when available and restricts access to collector and arterial streets. This standard applies when there is a new, expanded or extended use or development of the property such as this, where the zoning and use is changing from industrial to a more intense commercial zoning and use. Because this site has access via a local street, South Tech Lane, access would typically be restricted to that access and access via the arterial street, Overland Road, would be terminated unless otherwise waived by City Council. Because there is no legal means of ingress to this property or egress for the adjoining property via Overland Road, if the applicant wishes to retain the access via Overland staff recommends a reciprocal cross-access ingress-egress easement is recorded with the adjacent property to the east prior to rezone ordinance approval as a provision of the proposed rezone in accord with UDC 11-3A-3, which requires cross-access easements to be granted to adjacent properties when access via a local street isn't available. A total of 222 off-street parking spaces currently exist on this site. However, the eastern portion of this parking lot is proposed to be reconfigured, as I mentioned, through a separate certificate of zoning compliance application that was Meridian City Council Meeting Agenda November 15, 2018 – Page 21 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 18 of 43 recently approved, which will result in a reduction in parking to 215 spaces. Based on the square footage of the building, which is 106,000 square feet, a minimum of 212 spaces are required. The existing and proposed parking complies with the minimum UDC standards, although staff is concerned there will be adequate parking for the uses. The applicant should be mindful of the type of potential tenants and their parking needs to ensure adequate parking continues to be provided on the site. Street buffers, landscaping and sidewalks exist on the site along West Overland Road and South Tech Lane in accord with UDC standards. There are two existing loading dock areas on the west and one on the east end of the building facing Overland Road and that is these areas right here -- that the applicant wishes to continue using. Current design standards do not allow loading docks in areas that face in arterial street. However, because the loading docks were lawfully constructed at the time, they are considered a nonconforming use and as such are allowed to remain and be used subject to the standards listed in the UDC for nonconforming uses. Staff is recommending approval with the requirement of a development agreement containing the provisions in the staff report. Staff will stand for any questions. Fitzgerald: Any questions for staff? Thank you, Sonya. Holland: Oh, one question. I'm sorry. Fitzgerald: Commissioner Holland. Holland Sonya, the biggest benefit of them going through this rezone is just so they can have the existing uses continue the way that they should, because it's commercial rather than light industrial? Allen: Yes. Yes. And not have a use permit. Holland: Thank you. Fitzgerald: Additional questions? Would the application like to come forward, please? Please state your name and address for us. Clark: Members of the Commission, my name is Hethe Clark. 251 East Front Street in Boise. I'm with the law firm of Spink Butler, representing the applicant. Just a couple of brief comments. This idea came up shortly after my clients acquired the property in a meeting with Bill and we were discussing, you know, the way that the property has been used, but the way that it was anticipated to be used in the future. The -- the rezone, as Sonya mentioned, matches the Comprehensive Plan designation of commercial. It also helps us with some of our -- with our -- our tenant mix. Here is an example is one of our primary tenants is a furniture consignment store. It's been a great tenant. They would like to take more space. It's easier to accommodate that in a -- in a commercial zone than it is in the light industrial. And as Sonya mentioned, no site changes are proposed with the application. We are in agreement with the terms and conditions of the staff report. I just need to make one comment about that. I try really hard to make Sonja Meridian City Council Meeting Agenda November 15, 2018 – Page 22 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 19 of 43 happy. It's like one of the main things that I do in life and I got really close on this one. So, we have been talking a lot about this cross-access with the business on the east. This has quite a bit of history. We have -- we have been working through this. We actually had a CZC on this property six or eight months ago and we did give a conditional easement there that was conditioned on our neighbor giving us an easement, but we just haven't quite gotten to the end of those discussions. As Sonya mentioned, we are very close. We have a CZC that's approved. We have an easement agreement that has been drafted. We should have this wrapped up prior to going to Council, but I just want to state a reservation, let's put it that way, that if for some reason those negotiations go sideways that I would like to be able to revisit that condition by the time we get to Council. But what I'm proposing now, because I like to make Sonya happy, is to stick with the conditions as they are currently drafted and just have this on the record in the meantime. Any questions? Fitzgerald: Any questions for the applicant? Yearsley: My only comment was we want to make Sonya happy. Fitzgerald: Me, too. A happy Sonya makes us all happy. Clark: Yeah. Fitzgerald: Any questions for the application at this time? Thanks, Hethe. We appreciate it. Clark: Thank you. Fitzgerald: Chris, anybody signed up to testify? Johnson: There was nobody signed in. Fitzgerald: Is there anyone in the audience that would like to testify on this application? Hethe, do you need to say anything else? Okay. Is there any additional -- Holland: Mr. Chair? Fitzgerald: Oh, Commissioner Holland. Holland: I was just going to make a motion. Fitzgerald: You go right ahead, ma'am. Holland: Close the public hearing for the Alturas Rezone, H-2018-0105. Cassinelli: Second. Meridian City Council Meeting Agenda November 15, 2018 – Page 23 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 20 of 43 Fitzgerald: I have a motion and a second to close the public hearing on Alturas Rezone, H-2018-0105. All those in favor say aye. Opposed same. Motion passes and we will close the public hearing. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: Any thoughts? Cassinelli: Slam dunk. Yearsley: Yeah. No one's against it and it's just trying to make it easier for them to do their business. Fitzgerald: And my only comment -- and we appreciate you guys working with them. I think trying to get that -- the access point for both places -- because they cross, which I think is nuts. Trying to get that cleaned up would be -- we very much appreciate that. I think the pet hospital and their tenant -- or their owner would be -- I think it would be a good thing for that area. That's that crazy weird intersection and so we applaud your efforts to get that cleaned up. Holland: Mr. Chair? Fitzgerald: Yes, ma'am. Go right ahead. Holland: The only comment I had -- it always pains me a little bit when we have these nice industrial buildings that turn into commercial uses, because there is just not a lot of inventory in the valley for nice industrial spaces, but with the tenants that they have and the operation that they want to move forward with, I don't have any concerns with changing the use to make it a little bit more easy for the -- the customers they are serving. Fitzgerald: Could I entertain a motion? Cassinelli: Mr. Chairman? Fitzgerald: Commissioner Cassinelli. Cassinelli: After considering all staff, applicant and public testimony, I move to recommend approval to City Council -- this isn't a CUP; right? No. It's a rezone. To City Council of file number H-2018-0105 as presented in the staff report for the hearing date of November 1st, 2018. Yearsley: Second. Fitzgerald: I have a motion and a second. All those in favor say aye. Opposed same. Motion passes. And we appreciate -- congratulations. Good luck. Meridian City Council Meeting Agenda November 15, 2018 – Page 24 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 21 of 43 MOTION CARRIED: FOUR AYES. THREE ABSENT. D. Public Hearing for Sulamita Church (H-2018-0110) by Matthew Garner, Located at 4973 W. Cherry Ln. 1. Request: Conditional Use Permit for a church on 8.49 acres of land in an R-8 zoning district Fitzgerald: Okay. Moving on to the next application. I would like to open the public hearing on H-2018-0110, Sulamita Church and start with the staff report. Allen: Mr. Chair, Members of the Commission, the next application before you is a request for a conditional use permit. This site consists of 8.49 acres of land. It's zoned R-8, located at 4973 West Cherry Lane at the southwest corner of West Cherry Lane and North Black Cat Road. Adjacent land use and zoning. To the north and south are rural residential and agricultural uses, zoned RUT in Ada county. To the west is vacant undeveloped land, zoned R-8. It's also owned by the subject property owner. And to the east is Black Cat Road and single family residential properties, zoned R-4. This property was annexed back in 2014 and a conditional use permit was approved for a church for the same use and same church and everything, but it has since expired from that time. So, that's why they are reapplying. The Comprehensive Plan future land use map designation is medium density residential. A conditional use permit is requested for a 28,457 square foot church facility in an R-8 zoning district. There is an existing vacant home and accessory structures on this site. Those are located here at the bottom corner of the development. The applicant is requesting approval for the home to be used as a job trailer during the construction of the church and they will remove all structures prior to issuance of certificate of occupancy for the church. One access via Black Cat Road and one access via West Cherry Lane is proposed for the site as shown. The access via Black Cat is required to align with West Thorn Creek Street across the street to the east as required by ACHD. Parking is provided on the site in accord with UDC standards. A minimum of 57 off-street parking spaces are required, 191 spaces are proposed. A 25 foot wide landscape street buffer and sidewalk is required to be constructed along the entire frontage of the development on Cherry and Black Cat. Ten Mile Creek runs along the south boundary of the site and is required to be protected during construction. A ten foot wide pathway is required to be constructed along the north side of the creek with development in accord with the pathways master plan. There are no written testimony -- there is no written testimony on this application and staff is recommending approval with the conditions in the report. Staff will stand for any questions. Fitzgerald: Any questions for staff? Would the applicant like to come forward, please? Please provide your name and address for the record, please, sir. Garner: Thank you, Commissioners. It's -- am I on? Matthew Garner. My address is 224 16th Avenue South in Nampa. 83651. As Sonya just said, the -- the CUP was issued back in 2015. It did expire and now the church is ready to proceed with the work and so we are applying for the conditional use permit to be reinstated or continued. Meridian City Council Meeting Agenda November 15, 2018 – Page 25 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 22 of 43 Conditions of approval are great with us. I did have one question. It says that the future structure inside design shall comply with design standards in the architecture standards manual. Will this be addressed -- because we already have the building designed. Will we be able to address this during a design review or a CZC? Fitzgerald: Sonya, you want to cover that real quick? Garner: Did you hear me, Sonya? Allen: Sorry, I did not. Would you repeat the question? Garner: Item No. 8, we will have to still go through a design review and a CZC -- Allen: Yes. Garner: -- so we can address to make sure that our architectural design, which is already complete, will comply with the architectural design standards. Allen: Yes. That is on the staff report. Yes. Garner: So, yeah, that's all I have is just we are -- we are excited to get it going. Fitzgerald: Very good. Any questions for the applicant? Cassinelli: I do have a question. Fitzgerald: Commissioner Cassinelli, go ahead. Cassinelli: In the lower left -- I guess that would be the -- the southwest corner of the property -- are there -- it says unmodified portion of parcel -- are there existing plans for that or is it -- Garner: Where are you at? Cassinelli: Down there -- I don't know if that's just grass area or -- Garner: Everything behind the church is going to be designed, basically, to have -- Cassinelli: It should be on your screen. Garner: There is nothing on this screen. But everything behind the church itself where those buildings are down there that will be removed, that will all be activity fields. So, it will be, basically, sod back there. Cassinelli: Okay. Thank you. Meridian City Council Meeting Agenda November 15, 2018 – Page 26 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 23 of 43 Fitzgerald: Now you destroyed everything, Chris. Sonya, while he's bringing that up, is that in our -- in agreement as well. Is that all going to turn into sod and activity fields, rather than how its presented here, as it kind of being undeveloped? Or unmodified? Allen: Yes. It's part -- it's part of the use. Fitzgerald: Okay. I just want to make sure that's on record. Any additional questions of the applicant? Thank you very much, sir. We appreciate it. Garner: Thank you. Fitzgerald: Chris, is there anyone signed up to testify on this application? Johnson: There are 21 persons signed in. Two indicating they wish to testify. Anton Boyarchuk. Fitzgerald: Hello, sir. Please give us your name and address for the record, please. Boyarchuk: Yes. Anton Boyarchuk. 399 East Santiago Drive, Meridian, Idaho, and I am here to say that I approve this church building, because we need to grow, you know, because our church is growing and we need to grow. I am a full-fledged board member of this church and I approve what they are all doing trying to accommodate this in a very timely manner, because it's been going on for a very long time and we decided to actually build a church. We need to grow. We are growing and numbers are stacking, which is really seriously want to build a church, have in place to gather, have our children grow, have a school, have a daycare, something similar to that. Something down the road with some other upgrades if possible. I approve of this. I have nothing else to say. Fitzgerald: You're welcome. Any questions? Thank you very much. Johnson: Kazimir Sergey. Kazimir: Good evening, ladies and gentlemen. I would like to -- my name is Sergey Kazimir. My address is 5431 North Blacksand Avenue, Meridian, Idaho. 83646. And I am -- I am part of the church and we are so excited about this building -- building project and we hope everyone -- a lot of individuals can get whatever they need from the Lord for their souls and that would be good blessing for the community. Thank you. Fitzgerald: Thank you, sir. We appreciate it. Is there anyone else who would like to testify on this application? Sir, go right ahead. Please state your name and address for the record. Bennett: Good afternoon. My name is Jesse Bennett. 3848 West Newland. I live in the area. I do have a concern I would like to bring to the Commission to consider and that is the ditch or the creek that runs south of the property. There -- more and more as the area grows a lot of children tend to use the sidewalks in the areas. I notice that on Meridian City Council Meeting Agenda November 15, 2018 – Page 27 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 24 of 43 the plans it shows it's undeveloped and there is no -- I would like the Commission to just take into account that we want to make sure that that area is safe or -- or that there is some type of plan to make sure that children who are using -- or people who are using that side of the street have a safe access or area to walk on. Thank you. Fitzgerald: Thank you, sir. Anyone else wish to testify? Would the applicant like to come back and respond to anything? Garner: Matt Garner. Address 224 16th Avenue South in Nampa. As far as the canal there, I think it is a condition of the approval that there will be a pathway that's going to be built along the creek there on the north side that will be -- and like we said that big field back behind there will be developed. It's going to be activity fields and with that pathway going through there, you know, we will make that usable along that side and -- Fitzgerald: Very good. Thanks, Matt. Garner: That's it. Fitzgerald: Any other questions for the applicant? Thank you very much. Garner: Thank you. Fitzgerald: Any other questions for staff? I would entertain a motion to close this public hearing. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I move we close the public hearing for the Sulamita Church, H-2018-0110. Cassinelli: Second. Fitzgerald: I have a motion and a second to close the public hearing on H-2018-0110. All those in favor say aye. Opposed? Motion to close the public hearing is passed. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: Thoughts? Commissioner Cassinelli. Cassinelli: I am -- I am in favor. They have -- they were granted a CUP approval in 2000 -- was it 2014 or '1? When was it? Holland: '14. Meridian City Council Meeting Agenda November 15, 2018 – Page 28 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 25 of 43 Cassinelli: '14. Okay. Too many dates tonight. I think it -- you know, they are -- they want to comply with everything. No objections from staff. I think it all looks good and I think it will fit in that -- in that -- in that area nicely. Fitzgerald: Commissioner Holland. Holland: Mr. Chair, I -- I don't have any concerns with the application. I think it looks like a nice -- nice layout. I think it's great on that corner. There is -- it's always nice to see something other than houses on corners when you have got a lot of traffic going on them, so I appreciate the site plan. I think they have got a lot of green space in it, which we always like seeing, especially when there is a pathway that connects into some of the neighboring -- neighboring neighborhoods and other uses in the future. So, no concerns here. Yearsley: Mr. Chair, I -- Fitzgerald: Commissioner Yearsley. Yearsley: I -- when the application came forward I was like I thought we already approved that, but I understand why we are doing it again. I voted for it the first time, I will vote for it on the second time. Fitzgerald: And I -- I totally agree. I think the -- the site plan looks great and just for clarification, Sonya, we don't have any problem with them using the existing structure as a job trailer, as long as it's removed before zoning -- or I mean -- before occupancy; correct? Mr. Chair, correct. Fitzgerald: Okay. No, I think it's -- it's a great design. I think you guys are going through design review anyway and so I think it should be a good addition to that neighborhood. So, I think I will entertain a motion, unless there is additional comments. Cassinelli: Mr. Chair? Fitzgerald: Commissioner Cassinelli. Cassinelli: After considering all staff, applicant, and public testimony, I move to approve file number H-2018-0110 as presented in the staff report for the hearing date of November 1st, 2018. Yearsley: Second. Fitzgerald: I have a motion and a second to approve H-2018-0110. All those in favor say aye. Opposed same. Motion passes. Congratulations. Thank you. Appreciate it. MOTION CARRIED: FOUR AYES. THREE ABSENT. Meridian City Council Meeting Agenda November 15, 2018 – Page 29 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 26 of 43 E. Public Hearing for Elevate Franklin Storage ( H-2018-0109) by Ten Mile Development, LLC, Located at the NW corner of W. Franklin Rd. and N. Umbria Hill's Ave. at 3755 W. Perugia St. 1. Request: Rezone of 3.53 acres of land from the L-O to the R- 15 zoning district; and 2. Request: a Development Agreement Modification to remove the subject property from the existing agreement (Instrument No. 106002636, Silver Oaks Subdivision) Fitzgerald: Okay. We will open the public hearing on H-2018-0109, Elevate Franklin Storage and start with the staff report. Did you get all of them tonight? Allen: I did, Mr. Chair. Fitzgerald: Man. Allen: I am the lucky one. Fitzgerald: Wow. You draw the short straw. Allen: Now I'm going to be teased incessantly by staff about -- Fitzgerald: Did you need a water break or anything? Allen: -- making sure I'm happy. Fitzgerald: Exactly. Allen: Thank you for that. All right. The next application before you is a request for a rezone application. There is a development agreement modification as well, but that is Council review. You can make any comments you would like. But, anyway, it doesn't require Commission action. This site consists of 3.53 acres of land. It's zoned L-O, located at 3755 West Perugia Street. Adjacent land use and zoning. To the east is a church zoned C-N. To the south is residential uses across Franklin Road, zoned R-15. To the west is agricultural property zoned RUT in Ada county and to the north is multi- family residential, zoned R-15. This property was annexed back in 2005 with the Silver Oaks development and platted as Umbria Subdivision. There was a development agreement that was required with that, which has since been amended. The Comprehensive Plan future land use map designation for this property is medium high density residential and it is within our Ten Mile interchange specific area plan. The applicant is requesting a modification to the existing development agreement to remove the subject property from the agreement and a rezone of 3.53 acres of land from the L- O to the R-15 zoning district for the development of an accessory self-service storage facility for the existing multi-family development to the north. The storage facility is subject to the specific use standards listed in the Unified Development Code. I would Meridian City Council Meeting Agenda November 15, 2018 – Page 30 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 27 of 43 like to note that this -- I -- I mentioned that this is an accessory self-service storage facility. It is not for the general public. It is only for an accessory use for the multi-family development Silver Oaks that currently exists to the north. So, they are prohibited from renting to the public. That is a provision of the recommended development agreement. A conceptual development plan was submitted as shown that depicts an indoor storage facility with several different sizes of storage units. Access is provided via West Perugia Street. A secondary access is proposed via North Umbria Hills Avenue as required for self-service storage facilities. A ten foot wide landscape street buffer is required along Umbria Hills Avenue and West Perugia street and a 25 foot wide buffer is required along Franklin Road in accord with UDC standards. The Kennedy Lateral runs along the west boundary of the site. Council previously approved a waiver to allow the lateral to remain open and not be piped. Staff is recommending a six foot tall wrought iron fence is provided matching that to the north in the multi-family development to preserve public safety. Conceptual building elevations were submitted as shown for the proposed storage structures. Building materials consist of metal paneling, hardy paneling and stone veneer. The architectural standards manual prohibits metal paneling as a finish material, however, it can be used as an accent or secondary fill material. So, the elevation submitted with the certificate of zoning compliance should be in compliance with the design standards in the architectural standards manual. There has been no written testimony submitted on this application and staff is recommending approval of the proposed rezone. However, there is an outstanding issue that kind of came out kind of at the last minute on this project. When this property was annexed and subdivided there was a road trust that was required to be submitted to ACHD for half the cost of construction of the bridge and extension of Perugia Street over the Kennedy Lateral. When this property was annexed it was part of the overall Silver Oaks development. So, all of the R-15 area that you see there. The trust was held for ten years by ACHD and, then, released, because the property to the west had not yet developed and they were supposed to be the partner in the other half of the cost of that bridge and the street extension. Because a crossing over the lateral and extension of Perugia is still needed, staff recommended a provision of the development agreement in the staff report requiring the applicant to submit a new road trust to ACHD for those improvements. ACHD was in agreement with that and, then, later retracted that recommendation or requirement in their staff report. Because this application is not for a subdivision, ACHD cannot require and will not hold a road trust for those improvements and the city does not hold road trusts. Therefore, the Commission should consider tonight and make a recommendation on whether or not the improvements should be required in their entirety with this application or not require them at all. Not requiring them at all would require the developer of the adjacent property to the west to complete the improvements in their entirety, unless an alternate agreement for the improvements is reached with the affected property owners. So, staff did just want to call that out tonight and consider that. Staff will stand for any questions you might have. Fitzgerald: Any questions for staff? Cassinelli: I have a question. Meridian City Council Meeting Agenda November 15, 2018 – Page 31 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 28 of 43 Fitzgerald: Commissioner Cassinelli. Cassinelli: Sonya, is there -- along that lateral is there a -- is any of that -- is there a -- a city public pathway along that at all or is there a planned -- Allen: Commissioner Cassinelli, there is not. Cassinelli: Is there one nearby? Allen: I'm trying to remember where it runs here. Give me just a second here. I am not sure, but I can pull up the pathways master plan if you would like to know. Cassinelli: I'm just concerned, because that -- that is -- we did approve apartment buildings to the -- to the west recently; right? I believe. And that's going to be -- Allen: The -- the Commission recommended approval, but the Council ended up denying that -- Cassinelli: So, Council denied that? Allen: -- application, yes. Fitzgerald: There is a new application coming. Cassinelli: Okay. And I mean everything is going to be developed -- it seems to me like there should be some pathways in there. I don't know why -- in that area. So, I would be curious about that. But, obviously, that -- that wasn't looked at and -- you didn't -- staff didn't look at that, did they? Allen: We looked at it. It's not part of the master pathways plan, so there is no pathway requirement on this property. Cassinelli: Thank you. Fitzgerald: Any additional questions for staff? And, Sonya, so we don't have any mechanism, besides asking Becky really really nicely to work with the other owner of the land to -- we don't have -- there is no bonding capabilities, there is no -- there is no feasible capability we have or a tool we have to -- I guess we can hear from applicant and see what their thoughts are. Allen: Yeah. Their -- Chairman, there -- we cannot hold a surety, so the options are require that this applicant, as a development agreement provision, to construct it in its entirety. Fitzgerald: Okay. Meridian City Council Meeting Agenda November 15, 2018 – Page 32 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 29 of 43 Allen: Or not. Or possibly work with that property owner to the west, which I understand -- they are actually -- they did submit an application, a new application for that property. So, it is -- has been accepted by the city and it will be coming before you soon. Fitzgerald: Any additional questions? Becky, would you like to come forward, please, ma'am. McKay: Thank you, Mr. Chairman, Members of the Commission. Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian, business address. The screen is not working. And I'm here this evening representing Ten Mile Development, LLC. As Sonya indicated, we are here this evening to ask for a rezone of 3.53 acres from L-O to medium high density residential or R-15, along with the development agreement modification to facilitate the construction of an accessory use self-storage facility for our Franklin At Ten Mile Apartments. This particular lot was platted back in 2005 with the original Umbria Subdivision. It was intended that it would either be office or possibly a daycare and so all of the city utilities, public street improvements, pressure irrigation -- oh, killer. Thank you. Were installed to this lot 13 years ago and this lot has -- has been vacant and, you know, they had -- they tried to market it on multiple occasions, but really didn't get any interest in it for office or daycare use and so we kind of came around to the fact that the apartment complex really has a need for storage. We have 30 percent of our 369 dwelling units in the apartment complex, which we have constructed in three phases over the past few years, 30 percent of those are three bedroom and we have 98 garages and they kind of took an assessment and of those 98 garages that we provided approximately 65 percent of those garages are used to store not vehicles, but to store furniture, RVs, whatever accessories people have. They are seeing that approximately 30 percent of their turnover is due to people moving into the complex on a temporary basis for one year or less, who are in the process of building a home, so they are storing a significant amount of their personal possessions and they are renting one of the garages. So, we have had some significant parking issues, even though we met and exceeded the parking requirements under the ordinance out here at the facility. So, we kind of got kicking around the idea of, you know, maybe a mini storage would be appropriate. So, we did meet with the staff. We talked to them about what our options were. Obviously, this is located within the Ten Mile area specific plan and the staff said well, you know, storage is allowed in an I-L zone, but based on the medium to high density designation on the land use map, we really couldn't support an I-L rezone, but since this would be accessory to your multi-family, if you rezone it from L-O to R-15 then an accessory storage facility is allowable. So, we kind of, you know, met, went back and the architects tried some different variations on that site plan and -- and what -- what you see here is kind of an aerial map, shows you the Ten Mile Christian Church is located to the east of the project and, then, you can see the apartment complex. This aerial is kind of behind the times, because we have constructed phase one, two and three. So, we have all 369 units online. The project that was proposed to the west, as Sonya, indicated was denied by the Council. The Council was concerned about bringing on another large multi-family project in this area, Meridian City Council Meeting Agenda November 15, 2018 – Page 33 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 30 of 43 because it's kind of stretching emergency services when these fill up so quickly and there are other multi-family projects that are being constructed south in Baraya on the south side of Franklin and, then, obviously, within the Brighton facility just east of Ten Mile Road. This kind of gives you an idea of the overall site plan. The Perugia Street and both Umbria are local streets and the landscape requirements are ten feet. However, we do have 20. We have 20 feet because initially due the fact that this was an L-O zone, we were required to have a 20 foot perimeter buffer, so transition from the R-15 to the L-O. The landscaping along Franklin Road is 25 feet and we have the Kennedy Lateral that is open and traverses -- or is adjoining the property on the western boundary. As Sonya stated in her report, the City Council granted a waiver of the piping of that Kennedy Lateral, so it is an open facility. One of the things that the staff obviously stressed was the aesthetics, because the Ten Mile area specific plan talks about along the arterials that you have significant amount of landscaping, that you have modulation articulation in your -- in your design and they said, you know, we really want you to kind of dress that up along that corridor and so we -- we basically, you know, took all of staff's recommendations. This is just kind of a picture shows you of the vacant parcel that's been there for 13 years and, then, the multi-family dwellings that you see in the foreground. There is the vacant parcel. That's the site plan. This kind of gives you an elevation. So, we kind of had an architectural feature right there at that intersection. We will have signage for the apartments that we plan on applying for along with the design review, but we wanted to, you know, make this look consistent, compatible with what we have there in our apartment complex. One of the other things was staff said, you know, go through that Ten Mile interchange specific area plan and -- and we would like you, obviously, to justify how this fits into that plan and so I did review the plan and the plan basically talks about encouraging a broad range of uses in close proximity to one another, including uses beyond those specifically defined within the ordinance and this storage facility being adjacent and accessory to our apartment complex falls within what I consider, you know, mixed or complimentary uses that are described in the Ten Mile specific plan. The Ten Mile specific plan also highlights a diversity in building forms and encourages neighborhood serving services and retail uses, so that we reduce the number of trips on the arterials. We believe that as far as this as an accessory use to our multi-family development, that meets that test of integration of uses and all the -- obviously, the principle that's also included in the plan where it encourages multiple income producing uses within a particular project and that's what we have before you. So, the -- we have to have that rezoned from the L-O to the R-15 for this. It's all enclosed self storage and the existing development agreement we have asked staff that -- to remove this parcel from the old development agreement and, then, we will enter into a new development agreement that addresses the conditions of approval. We will have a solid masonry wall along that exterior. Like I said, we have articulation. We have broken up the expanse of the wall. We have the focal point at the Franklin and Umbria Hills intersection, which the staff asked us. They asked us to dress up and -- and provide extensive landscaping, so that we -- we continue that -- that corridor look, because Franklin Road is an entryway into the city and, then, our hours of operation will be in compliance with the code, which will be 6:00 a.m. to 11:00 p.m. I reviewed the staff report and one of the things that Sonya brought up was Ada County Highway District, they did -- they did finally get a report over to Meridian City Council Meeting Agenda November 15, 2018 – Page 34 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 31 of 43 Sonya. It was dated October 30th. Initially there was a trust fund for what they considered a bridge across the Kennedy Lateral. The Kennedy Lateral is not a large lateral, it's not like Settlers or the Ridenbaugh, it's a small -- smaller lateral, it's like 36 to 48 inch, depending on where you're located in the cfs that's running through it. So, a bridge is not required. It would just take a pipe in order to cross it. We did do a trust fund -- or the previous developer did a trust fund ten years -- over ten years ago and, then, ACHD since it was never utilized, released those funds. We have built the Umbria stub street to the -- to our boundary, so I don't really feel that it's necessary for us to trust fund just for a pipe or portion of that pipe. When the property to the west develops they put the pipe in. I have many projects where that's the case, that the responsibility falls on one particular development, especially when it's a pipe. Where we need to be concerned about sharing the cost is when we do have a large waterway that takes a bridge structure, like a big box culvert, because those can cost, you know, anywhere from 140 to 220 thousand dollars, depending on the span and the size of the waterway. This is not the case for the Kennedy Lateral. Stacey Yerington with Ada County Highway District did send an e-mail out to the architects, myself , and Sonya stating that the district has discussed it internally and they are no longer requesting that we do a trust fund. So, I ask the Commission to, obviously, modify condition -- believe it is Condition 2-E where it says submit a road trust to Ada County Highway District for half the cost of construction of a bridge over the Kennedy Lateral. Like I said, it's just going to take a pipe. So, the highway district is -- is waving that requirement. We can't trust with the city. The highway district is the governing body on that facility. Secondly, concerning the conditions of approval, I believe it is under Public Works B-2, it talks about providing easements for the project for sewer or water prior to noting it on the plat and providing that prior to development plans. Well, obviously, if we have any easements we are going to have to create those easements after we do the development plans. So, that condition kind of needs to be a little bit reworded where we are not platting this, it's already a platted lot. I think if you just say all easements must be submitted and reviewed along with the development plan approval, then, that would be appropriate, not -- the word prior needs to be removed and any reference to a note on a plat needs to be removed. The other item is item three where it talks about piping of all adjoining irrigation ditches, canals, or laterals. It needs to be noted that we have a waiver for the Kennedy Lateral, so that's not applicable. And, lastly, we kind of -- we have -- I met with the applicants, the architects, and we were just a little bit concerned about 2-B. 2-B reads: The storage facility is allowed to operate in conjunction with and as an accessory use to the multi-family development to the north, i.e., Silver Oaks and shall provide only storage service for the residents of the multi-family development. We are absolutely fine with that sentence. That's -- we -- we are in total agreement. What - - what we have a little bit of heartburn over is the last sentence within that saying providing storage service for nonresidents, i.e., the general public is prohibited and we started talking about kind of some scenarios -- and I will -- this is my last comment, sir. Say we have someone who rents a unit and they, obviously, are an -- one of our residents at the apartment complex, they rent a storage unit, they put their stuff in it, they are building a house and, then, they move out of the apartment complex, but they still have the unit possibly beyond their residence at the apartment complex, then, what do we do? You know, they are obvious -- you know, we may have a situation like that Meridian City Council Meeting Agenda November 15, 2018 – Page 35 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 32 of 43 and so, like I said, we are in agreement with the condition, we just aren't comfortable with that last sentence and I don't think that last sentence is -- is necessary, because I think it -- it makes it very clear with the first sentence that the -- what the use of this is and this is a small complex. We are talking 3.53 acres and the -- and the storage units that I have done, which are open to the public, are typically between seven and ten acres and so this is small on the scale of -- of storage. So -- and that -- and so it fits within that accessory I think definition. But I -- I would ask the Commission if they would remove that last sentence because we are just really concerned -- we don't want to get cross ways with the staff, we don't want to get -- have problems with our residents and - - but we -- we just feel a little bit uncomfortable with the wording on that. Thank you. Do you have any questions? Fitzgerald: Any questions for the applicant? Commissioner Holland, go right ahead. Holland: Sorry. Becky, one question. You -- you kind of already mentioned this, but just making sure, all of these are enclosed units, there is not going to be -- McKay: No. Holland: -- RV storage or anything like that on it? McKay: No. Holland: Okay. McKay: All enclosed. Fitzgerald: Becky, are you good with the additional parking space that's being required? McKay: Yes. Fitzgerald: Okay. Commissioner Yearsley. Yearsley: So, you said that it's -- all that's required is a pipe. Do you know what size of pipe? McKay: I piped the Kenny Lateral at -- at a couple of different locations. It's a 40 -- I think it's a 48 inch if we go south, but as it's delivering water, then, obviously, the pipe size becomes reduced. You know, it may end up being a 42 or a 36 and they would just basically pipe where that road crossing is. Fitzgerald: Right. So, we are not talking about a box culvert a part of -- McKay: No. Yearsley: You know, the pipe -- Meridian City Council Meeting Agenda November 15, 2018 – Page 36 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 33 of 43 McKay: No. Yearsley: -- you can go with different type -- size of pipe, that's why I just wanted to clarify -- McKay: Yeah. Typically, like Settlers Canal, for example, I have had to go box -- with a box culvert -- Yearsley: Right. McKay: -- and it's a 70 -- takes a 72 inch. Yearsley: Right. McKay: And those facilities -- those bridges, like I said -- I think the last one I did was about 150,000 dollars. But when we are talking just a pipe, you know, that's a different animal. Yearsley: Okay. Any additional questions for the applicant? Thank you, ma'am. We appreciate it. McKay: Thank you. Oh, I just wanted to mention -- someone asked about the pathway. I believe there is a multi-use pathway, but it is south of Franklin along that drain and we typically are not allowed to put multi-use pathways along a live ditch based on Nampa- Meridian's requirements. Thank you. Fitzgerald: Thank you, ma'am. Chris, do we have anybody signed up to testify? Johnson: Mr. Chair, there were no sign-ins. Fitzgerald: Is there anyone in the audience that would like to testify? We will start with the gentleman over here. Please state your name and address for the record. Quist: Heath Quist. 4192 West Newland Street. I live in the area and I have helped a lot of people do move-ins here at the apartments that we are talking about and the need is definitely there. A lot of going back and forth to different storage units and I think it's a great idea. So, yeah. Fitzgerald: Okay. Sir. Green: Mike Green. 4168 South River Basin in Boise. I'm actually an investor partner in both the apartments and the storage facility. So, I just want to share with the Commission some interesting facts that you might find on how we sort of arrived at this decision to move forward with a self-storage facility on the site. So, as you can see that site is irregular shaped and we went through a multitude of different options on limited office, light office, light retail and never really got anywhere with the market in our Meridian City Council Meeting Agenda November 15, 2018 – Page 37 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 34 of 43 marketing and moving forward with that design and we started to look at what we see in our apartment community there. As Becky mentioned, it's 368 units. Annualized we turn over about 80 percent of those units. So, that's nearly 275 to 300 units per year that we are turning over. A lot of these residents coming into our community are from out of the state. We track our traffic and 65 percent of our traffic coming in to visit our community are from out of state. We see a lot of folks coming from California, Washington, Nevada and Oregon. We see residents that have rented a unit in our apartment complex that rented four garage units, because they have got nowhere to store their storage. So, we are really offering a temporary housing solution. All these folks are coming in six months, a year, they will break through these, because they are building a house elsewhere in the community. So, we found that we really have a demand for this. We spent about 46 million on the apartment complex and so we really care deeply on how that front corner comes out and that's why you see that the architectural investment that we are making in that site. That's it. Fitzgerald: Thank you. And we appreciate it. Any questions? Thank you, sir. Any additional -- yes, sir. Bennett: Jesse Bennett. 3848 West Newland. I live right behind the apartments. A lot of the people who live in and out are members of our congregation. I have a responsibility for helping them also move in and out and we love the idea of the extra storage. It makes our lives easier by not having to go in a lot of different places and helping these people find different areas. So, all for the idea. Fitzgerald: Thank you. Any additional comments for -- anybody else? Okay. Becky, would you like -- do you have any additional thoughts? Okay. With that I will entertain a motion to close the public hearing on H-2013-0109. Holland: Mr. Chair, I move we close a public hearing on Franklin Storage, H-2018- 0109. Cassinelli: Second. Fitzgerald: I have a motion and a second to close the public hearing on H-2018-0109. All those in favor say aye. Opposed? Okay. Motion passes. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: Commissioners, thoughts? Yearsley: I actually kind of think it's a unique idea, you know, to provide a storage unit for your apartment complex, you know. You know, it makes a lot of sense for -- Fitzgerald: It sounds like they definitely have the need or the issue. Meridian City Council Meeting Agenda November 15, 2018 – Page 38 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 35 of 43 Yearsley: Yeah. Yeah. And may free up some parking as well. So, I think it works out well. Fitzgerald: Commissioner Holland, Commissioner Cassinelli, thoughts? Holland: You know, my -- my first thought when I saw this application was -- it seems like we have seen a lot of storage unit projects lately, especially when there is a storage unit that's even on the screenshot here that's just northeast of the property. So, it makes me scratch my head a little bit about having another storage facility there. The only other concern I have is that it's -- it's on Franklin, which is a major -- major corridor right off the freeway. It's one of the first things you see when you come into -- into Meridian from that Ten Mile, depending on which way you're going. So, I guess there is -- there is a little bit of concern there that the only thing I think that helps it is that it's kind of a triangular in shape and so you're not using a ton of the frontage on Franklin -- Fitzgerald: Yeah. Holland: -- and I think they have -- they have done a nice job of trying to have some modulation, have some visual interest in the front part of it. So, I appreciate that. I don't really have too many concerns on some of the conditions that she had gone through, if we want to go through those. I don't have a concern with changing the last sentence of to be -- to remove the general public prohibited for -- as long as it says that the primary use is -- is for this apartment complex. Fitzgerald: Yeah. Holland: I think most people would know if they are moving out of that complex they would eventually have to move their stuff and maybe we could make a condition that tenants who were in that apartment complex would have to move their belongings within a certain timeframe if that would help with it or -- I'm not sure what's -- how staff feels about that, but -- Fitzgerald: Sonya, I -- my thought is there is no way -- I mean reasonably, unless it's code enforcement, how do you track that anyway? Allen: Mr. Chair, there is no way to track that. Fitzgerald: Yeah. Allen: I just foresee there being an issue if we -- if we don't restrict it, let people move out, they are no longer residents. That first sentence doesn't even apply. I mean it's not correct, if -- if we even leave the first sentence, because they are no longer residents if they move out. Fitzgerald: And the challenge I think becomes -- is you have to be -- it's got to be reasonable. So, it's -- they move out there, they are building a house, they built the Meridian City Council Meeting Agenda November 15, 2018 – Page 39 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 36 of 43 house, is it six months? Is it a year? I mean -- but the real practical thing for me is how do you guys track this? I mean there -- unless it's code enforcement. Allen: We don't. Fitzgerald: That's the challenge. Allen: I would suggest that if you -- Fitzgerald: I don't have a problem with the time frame. Allen: Leave an open to that, so that you require that they put it in their CC&Rs or, you know, some kind of agreement and that we get a copy of that. Fitzgerald: And that -- I think I would be okay with that, because I -- I think it's almost impossible to reasonably track it on the city's side, but it's -- I think it's unreasonable to say like at the day that you move out you must move all of your stuff that day. I think that's just -- that's a challenge and so I get both sides of the -- the issue. Holland: Well, I think -- just to add to that, I think it would be easier for the property management company that's renting out the -- the units as somebody moves out, they are going to know that that person is not living there anymore, so they could say, you know, as you're moving out and turning in your keys, you have got within six months, we would like you to have your storage -- Fitzgerald: Sixty days or -- Holland: Yeah. Whatever it is. Fitzgerald: Yeah. Holland: Whatever time frame if we want to put a time frame on it, but I don't have a problem with removing the word prohibited. I think -- or the general public piece. I think having the first sentence that says it's -- it's for residents -- Fitzgerald: Yeah. Holland: -- and that they would have to work with only residents and who they lease to. I think that would be reasonable. I don't have another concern. She had made a comment about all easements must be submitted and approved, rather than -- Fitzgerald: Along with development. Holland: -- along with development. Yeah. I don't have a concern with that either. Fitzgerald: Commissioner Cassinelli. Meridian City Council Meeting Agenda November 15, 2018 – Page 40 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 37 of 43 Cassinelli: I will say storage units are one of my least favorite. They are -- they are necessary as all get out. I get it. I just think they are -- they are not the most attractive things to look at. They are typically a big blank wall. These are about as -- the architectural renderings seem to be about as -- as nice as -- as they can -- as they can be. I agree with -- you know, with Commissioner Yearsley, it will probably help the -- the parking situation over there. So, I think it's a good solution. They have tried everything else. So, from that standpoint I'm in favor of it. I would like to see the condition -- I'm okay with the -- removing the -- changing the easement condition if staff is okay with that -- with regards to the -- that to be -- I would say leave it there. There is -- you know, there is not a whole lot of teeth. It's -- if somebody moves in there and they are a tenant when they rent it, they are following the -- they are following the guidelines, it's going to be up to them to -- I mean that the whole idea of this is to provide storage for the -- for the tenants. So, they are going -- they are going to want to get people out of there. Code -- I mean it's going to be pretty difficult for code enforcement to go out there and try and do it. I would just like to leave it as is. It tries to put a little teeth into it and I don't think removing that last sentence is going to change it much. The intent is if you live there, you're the only ones that get access to it initially. After that there is not much the city can do anyway. So, I would just as soon leave it. I like it left in there that way. And, then, we have got to come up with a resolution for -- for a pipe. I don't think it's -- and I don't know what that's going to look like. I don't think it's fair to stick the owners of the adjacent property with the -- with the full tab on that. I don't know how we do that. Fitzgerald: The challenge I think is that there is no teeth available to us. We either give them the whole boat right now or we don't. So, it's either -- I mean, that's the challenge. It's -- it almost becomes the cost of development of the next project and I mean you deal with this a lot more on -- on your engineering side. What -- do you have any suggestions? Because I -- I mean offsite work is never fun and it happens all the time in this situation. They bonded for it. ACHD doesn't want to do it right now and so I'm not sure what teeth we have. Yearsley: Well -- and I -- you know, I looked at that. If it's only a 48 inch pipe with head walls, you're not talking a significant dollar amount and not knowing what that future use is over there, does it make sense to connect. Until we know what that future use is it's hard for me to say build a -- build a pipe, you know what I mean? Fitzgerald: Yeah. Yearsley: And so I -- I am not sure if I like it as well as I do, but putting that onus onto the second owner is probably a better -- we can make a more informed decision based on that after we see what they are proposing. Does that makes sense? Fitzgerald: Yeah. Sonya, is there a cross-access easement there or what -- what is driving it besides this interconnection -- besides the -- currently. I mean for that condition of approval? Meridian City Council Meeting Agenda November 15, 2018 – Page 41 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 38 of 43 Allen: Chairman, I'm not sure I'm understanding, but there is no need for a cross- access easement when the -- the street's dedicated. It's -- Fitzgerald: So, it is dedicated. That was -- that was my -- I'm sorry, because it just looked like a cul-de-sac with nothing really -- Allen: It is a cul-de-sac. However, there is right of way to that west property boundary, it just isn't paved to the west property boundary. So, there will be a gap in between there until the culvert bridge -- a bridge culvert is what ACHD calls it -- is constructed. And just a side note that the ACHD report said that they -- the current cost estimate for this project is 52,000. Fitzgerald: For the bridge culvert is 52,000? Allen: Yes. Cassinelli: A chunk of cash. Yearsley: It's expensive for a 48 inch culvert. Allen: Yeah. And, honestly, I will read you the -- I will read you what it says in ACHD report. It doesn't entirely make sense to me. It says the current cost for this project -- well, let me back up. The current cost for this project is estimated at 52,000 dollars. Therefore, consistent with ACHD's prior action, the applicant should be required to pay for the developer's proportionate share of the cost and provide a public rights of way trust fund -- road trust in the amount of 14,300 dollars. I'm not -- I'm not quite understanding the difference there, which is -- they say is 13,000, plus ten percent contingency. Fitzgerald: So, it's -- their portion of it would be 14,000 out of the 58? That's -- that's asphalt, the culvert, that's everything. The full cost of developing that portion of it. That doesn't seem -- it seems odd. Allen: So, there is a condition in the staff report currently that they provide a road trustee to ACHD. So, regardless, that condition needs to be modified or stricken. Fitzgerald: Or removed. Yeah. Allen: And, then, just a side note, back to Commissioner Cassinelli's question earlier about the multi-use pathway, there is one currently that runs -- if you can see my pointer here, it runs through the church site to the east and it goes kind of right up this line here. It goes through the storage facility and up to the north and, then, it also comes down -- it's eventually going to come through the TM Creek site to the south of Frank -- Franklin Road here. So, it is -- it is pretty close to this property, but it doesn't run through that. Meridian City Council Meeting Agenda November 15, 2018 – Page 42 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 39 of 43 Fitzgerald: Additional thoughts? I mean for the comment on the storage unit -- and I have seen it in the same picture, I agree, I do think it is a very small footprint and it's -- I think for what it's being used for I think they have taken a really difficult piece of property that wasn't very marketed -- wasn't easy to market and turned it into a use that will probably make their residents lives a lot happier and deal with parking and it's probably going into the church or other areas. So, that, as an accessory use, makes total sense to me. How we deal with the road trust thing is a conundrum. I'm not sure I can answer it in ten seconds, but -- Yearsley: I don't either. Fitzgerald: It's a -- I don't have a problem with the project itself. I think that -- that's the question mark is does the person that comes late have to deal with the off site. Yearsley: I don't know. Fitzgerald: With ACHD saying they are no longer willing to do it, I don't know where that -- where the teeth come, because we can't do -- we can't bond for it; correct? There is no surety that we could put in place. Allen: Mr. Chair, no, we cannot accept a surety for that, but we can, as a DA permission, require them to construct it. Fitzgerald: The whole thing. Allen: Yes. Fitzgerald: Yeah. That's -- Cassinelli: Then we are telling them to -- to pay the whole bill. Fitzgerald: Yeah. And I don't think that's right either. Allen: The other alternative is to have them work with the neighbor to come up with an agreement, but I -- you know, it's -- it's not likely that neighbor would be real excited to do that if their project doesn't go forward. So, we don't want to tie their hands with their development and hold them up if that doesn't happen. So, that's the -- that's the issue with that requirement. Fitzgerald: So, thinking outside of the culvert box, can we get a piece of this in the -- in the DA requesting that the applicant work with the adjoining neighbor to find a cost share agreement that would work for both parties as part of it, but not -- I mean it's not contingent and it -- it's in there, but it's not -- I mean as much teeth as we can give it or is that an option? Allen: It's always an option. Meridian City Council Meeting Agenda November 15, 2018 – Page 43 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 40 of 43 Fitzgerald: Because I mean I would like them to have a share of the deal, but I think that's the only thing that has got some kind of a direction we can go is put it in the DA, request that they work with the adjoining party and try to find a cost agreement that works for both parties. Yearsley: I think that's -- Allen: Then probably there should be a what if if they can't. Fitzgerald: Run for ACHD. No. Sorry. That's -- Allen: We will know here shortly if that project, you know, gets -- gets moved forward or not and gets approved. Fitzgerald: But I don't want to hold these guys up for -- Allen: Like three months or so. But this project is before you now. Fitzgerald: Yeah. Holland: Well, Mr. Chair, the one thing we could do -- and I don't know that this is fair to the -- the other user either, but you could say we would request a DA to have them work together and in the what if situation, if they don't come to an agreement, then, the latecomer would end up -- Fitzgerald: To pay it. They have every reason to -- to work with them. Holland: The only other thought I have, back to Commissioner Cassinelli's comment earlier about the -- 2-B, with the last sentence about the general public prohibited, I think rather than -- than striking that last sentence I think maybe it would still be good to put that tenants could move out within a reasonable time frame, whether we define it or they define it. Fitzgerald: Thoughts? Yearsley: I'm good. Fitzgerald: Next steps, folks. Well, let me ask this question first. Do we want any feedback from Becky on any of these things we were asking or are we -- do you have enough information to make a decision? Holland: I think we are pretty close, but we might have to go through all the modifications again one more time to make sure we have them all straight. Fitzgerald: Okay. Commissioner Yearsley, do you have any additional thoughts? Meridian City Council Meeting Agenda November 15, 2018 – Page 44 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 41 of 43 Yearsley: You know, I think actually adding that to the DA just -- you know, request that the applicant try to work with the adjacent property owner to -- a good faith effort to construct a -- a cost share agreement, you know, kind of leave enough weasel words that they can back out of it if something can't be agreed upon and if they can't come up with an agreement, then, they can -- the latecomer can build it themselves, you know. So, I think it -- you know, it gives them a way out to not build it if the other property doesn't come through, but yet -- and it gives a little bit of teeth to try to come up with a solution, so -- so, I think that works out well. Allen: Mr. Chair, if I may, Mr. Parsons just suggested another alternative. We have roughly a month before this goes to the City Council. You might recommend that the applicant work with adjacent property owner to see if they could come up with an agreement between that time period. Fitzgerald: And the next application there the adjoining property is coming before us in the next two to three months is what we are thinking? Allen: No. Within the next month or so. Fitzgerald: Oh. Okay. So, it's soon. Allen: We have the application. Yearsley: I like that idea, because it gives, you know, that adjacent property owner to have some onus to come to -- come to the table with a deal. Cassinelli: Or that we stick them with the bill at the end. Yearsley: Absolutely. I think that's -- I think it's very appropriate and it makes it a lot cleaner to be provided in that way. Fitzgerald: Thank you, Bill. Thank you very much for the information. Do we want a time frame on move out of -- what's reasonable? I think Becky is looking for guidelines on not getting cross ways with the city. So, let's give her some thoughts if we have -- if you like the language, leaving it in there, let's -- I would suggest we put a time frame on it, but that's my thought. You guys can go in -- any additional -- or any thoughts. I mean -- or are you good with the language as it is? Yearsley: You know, I think, again, this is -- all comes down to enforcement. We could leave that provision in there and, you know, who is going to enforce it. So, adding that - - that provision in there for up to a year -- I don't know if I have an issue with that, just adding -- it was pretty -- you know -- you know, adding that additional sentence or something to that effect. Holland: I'm fine with adding up to a year as well. I don't have a concern with it, except -- as long as the -- the point is that they are not setting up lease agreements for storage space to the general public, they are working with the -- the tenants or people who are Meridian City Council Meeting Agenda November 15, 2018 – Page 45 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 42 of 43 moving out. They just don't want to get in trouble if somebody ever does code enforcement on them, because they are not following that prohibited rule. Fitzgerald: Anyone want to take a stab? Commissioner Yearsley. Yearsley: After considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number H-2018-0109 as presented in a staff report for the hearing date of November 1st, 2018, with the following modifications: That Item No. 2.E be stricken from the -- the conditions. That Condition 3 be noted that the -- there is a waiver for the -- not having to pipe the lateral. To add a -- to add to 2.B that existing renters can -- can lease the space up to a year after they move out. And I wasn't sure about the easement. Fitzgerald: That all easements can go along with the development and not prior to? Yearsley: That one. So -- Holland: The language she had put in there was all easements must be submitted and approved -- Yearsley: Okay. Fitzgerald: Along with the development. Holland: Along with the development. Allen: Mr. Chairman, may I clarify the motion, please? Fitzgerald: Yes. Allen: The first item you mentioned -- I believe you said Item 2-B be is stricken? Yearsley: 2.E. Fitzgerald: 2.E. Allen: Thank you. Cassinelli: Have we covered it all then? Fitzgerald: Do we have it? Do you want to -- do you feel comfortable that you have everything? Allen: I do. Thank you. Fitzgerald: Okay. Meridian City Council Meeting Agenda November 15, 2018 – Page 46 of 255 Meridian Planning & Zoning Commission November 1, 2018 Page 43 of 43 Cassinelli: I will second it then. Fitzgerald; Oh. Oh. Yearsley: And also to add a request that the DA be modified that the applicant work with the adjacent property owner to come up with a cost share agreement for the piping across -- the pipe culvert across the Kennedy Lateral prior to City Council. Cassinelli: I will revise my second and second that one. Fitzgerald: I have a motion and a second. All those in favor say aye. Oppose same. Motion passes and thank you very much. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: I think we have una mas motion. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I move we close to the public hearing for the Planning and Zoning Commission for the date of November 1 st, 2018. Cassinelli: Second. Fitzgerald: All those in favor say aye. Motion passes. MOTION CARRIED: FOUR AYES. THREE ABSENT. Fitzgerald: Good night. Thank you all for being here. We appreciate it. MEETING ADJOURNED AT 7:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED �/ AN FITZGERALD - ACTIN IRMAN DATE APPROVED ��'(ED AUGUS.. ATTES �Qo r� � o city of 0 d'—TA* ES - CITY CLERK EIDIAN+�- IDAHO r-,� SEAL