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2018-12-06Meridian Planning and Zoning Meeting December 6, 2018. Meeting of the Meridian Planning and Zoning Commission of December 6, 2018, was called to order at 6:03 p.m. by Chairman Rhonda McCarvel. Members Present: Chairman Rhonda McCarvel, Commissioner Steven Yearsley, Commissioner Jessica Perreault, and Commissioner Lisa Holland. Members Absent: Commissioner Gregory Wilson, Commissioner Bill Cassinelli, and Commissioner Ryan Fitzgerald. Others Present: Chris Johnson, Andrea Pogue, Bill Parsons, Stephanie Leonard and Dean Willis. Item 1: Roll-call Attendance __X____ Lisa Holland ___X___ Steven Yearsley ______ Gregory Wilson _______ Ryan Fitzgerald __X___ Jessica Perreault _______ Bill Cassinelli ___X___ Rhonda McCarvel - Chairman McCarvel: Good evening, ladies and gentlemen. At this time I would like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning Commission on December 6th, 2018, and let's begin with roll call. Item 2: Adoption of Agenda McCarvel: The first item on the agenda is the adoption of the agenda. We have one item that has requested being continued and so we will open -- if there is anybody here to testify tonight, we will probably not be taking any testimony on Item 4-A. With that could I get a motion to adopt the agenda. Perreault: So moved. Holland: Second. McCarvel: It has been moved and seconded to adopt the agenda. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 3: Consent Agenda [ Action Item] A. Approve Minutes of November 15, 2018 Planning and Zoning Meridian City Council Meeting Agenda December 20, 2018 – Page 4 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 2 of 28 Commission Meeting B. Findings of Fact, Conclusions of Law for Ferguson Parking Addition ( H- 2018- 0120), Located at 586 N. Locust Grove Rd. McCarvel: The next item on the agenda is the Consent Agenda and we have two items on the Consent Agenda. To approve the minutes of November 25th -- or November 15th, 2018, and Findings of Fact and Conclusion of Law for Ferguson Parking Addition. Can I get a motion to adopt the Consent Agenda. Holland: So moved. Perreault: Second. McCarvel: It has been moved and seconded to adopt the Consent Agenda. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: At this time I would like to briefly explain the public hearing process for this evening. We will open each item individually and, then, start with the staff report. The staff will report their findings regarding how the item adheres to our Comprehensive Plan and Uniform Development code, with the staff's recommendations. After the staff has made their presentation the applicant will come forward to present their case for approval of their application and respond to any staff comments. The applicant will have 15 minutes to do so. After the applicant has finished we will open to public testimony and there is a sign-up iPad in the back -- or a tablet and a sign up for anyone who wishes to testify. Any person testifying will come forward and be allowed three minutes. If they are speaking for a larger group, like an HOA, and there is a show of hands to represent that group, they will be given up to ten minutes. After all testimony has been heard, the applicant will be given another ten minutes to have the opportunity to come back and respond if they desire and after that we will close the public hearing and the Commissioners will have the opportunity to discuss and, hopefully, be able to make a recommendation to City Council. Item 4: Action Items A. Public Hearing Continued from November 15, 2018 for Alicia Court Subdivision ( H- 2018-0107) by Riley Planning Services, Located 4036 E. Granger Ave. 1. Request: Preliminary Plat consisting of 6 building lots and 2 common lots on 3. 084 acres of land in an R- 4 zoning district Meridian City Council Meeting Agenda December 20, 2018 – Page 5 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 3 of 28 McCarvel: So, at this time we are actually continuing from the November 15th meeting Item H-2018-0107 for Alicia Court and they are asking for a continuance to December 20th. Is the applicant here this evening? Okay. So, I guess can I get a motion to continue Item H-2018-0107 to December 20th? Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: Looking at the draft here -- I think we are probably okay that evening. I will make a motion to continue to December 20th. McCarvel: Yeah. Let's take a peek. Yearsley: Second. McCarvel: Okay. It has been moved and seconded to continue Item H-2018-0107 to December 20th. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. B. Public Hearing for Pleasant View Elementary ( H- 2018- 0123) by West Ada School District, Located on the north side of W. Gondola Dr., east of N. Black Cat Rd. 1. Request: Conditional Use Permit for an approximately 65, 000 square-foot education institution ( elementary school) in an R-4 and R-8 zoning district McCarvel: And so at this time we will open Item H-2018-0123, West Ada School District, and will begin with the staff report. Leonard: Good evening, Madam Chair, Commissioners. The application before you first tonight is a conditional use permit for Pleasant View Elementary. This site consists of approximately nine acres of land, zoned R-4 and R-8 and is located on the north side of West Gondola Drive and east of North Black Cat Road. It's midway between West McMillan Road and West Chinden Boulevard. To the north are single family residential subdivisions, zoned R-8. To the south is West Gondola Drive, which is a collector roadway and existing and future single family residential subdivisions, zoned R-4. To the east existing and future single family residential subdivisions, zoned R-4. And to the west are single family residential subdivisions, zoned R-8 and R-4 and North Black Cat Road. This property was annexed in 2005 and was re-platted as part of the Bainbridge and Volterra North Subdivisions in 2010 and 2013 respectively. A final plat for Gondola Subdivision was approved in November 2018, not too long ago, to create a buildable Meridian City Council Meeting Agenda December 20, 2018 – Page 6 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 4 of 28 parcel where the school is proposed to be located. The future land use map designation is medium density residential. A CUP is being requested to construct an approximately 65,000 square foot elementary school in R-4 and R-8. The elementary school will accommodate approximately 650 students, ranging from kindergarten to 5th grade and its proposed to open in 2020 if the CUP is approved. Originally the applicant proposed two points of access into the parking lot via West Gondola. One was supposed to come -- or one was supposed to come here and, then, there was just one - - I think it was right here and they are now proposing two. The fire department requested a third access point to make sure there is enough separation between the -- the access points for emergency purposes. Parking -- as a result parking has decreased from 145 spaces to 126. With the addition of the third access city code does require that 130 be provided based on the square footage to the building. If approved staff will coordinate with the applicant with the CZC and design review that all to come into compliance. The site as designed does not meet all the structure and site design standards regarding parking design and buildable frontage. The applicant will be required to submit alternate compliance concurrent with the CZC and design review application to make sure that they are meeting those requirements. Let's see. The applicant plans to accommodate future enrollment with possible portable installation. Specific use standards for education institutions do require a concept plan for the future expansion be provided and that should be submitted concurrently with the CZC design review application. Additionally, future parking needs should also be forecasted in that submittal. ACHD wasn't able to complete their staff report in time for this hearing. They did send an e-mail to confirm that they will approve the revised site plan that includes the three driveways. ITD provided comment that they would like a signalized light at Black Cat and Chinden. Staff recommends that Commission decide whether that's a condition they would like to add to the staff report or not. The conceptual building elevations were submitted for the school. The proposed building is single story. Building materials consist of masonry veneer, actual masonry block and accent metal panels. The future structure is required to comply with the design standards listed in the UDC and the architectural standards manual. No written testimony was received from Amber Van Ocker. She's the applicant's representative and architect on the project. Staff is recommending approval with the conditions listed in the report. With that staff will stand for any questions. McCarvel: Any questions for staff? Would the applicant like to come forward? Van Ocker: Good evening, Madam Chairman. Amber Van Ocker, LKV Architects, representing the school district, West Ada School District, in this matter. We don't have too much to add to the staff report. I think Stephanie has done a great job. We have communicated through this process and we understand some of the conditions of approval that have been placed on the application and we are prepared to go through that process and make those revisions with our CZC application. So, I will just stand for any questions that you may have. McCarvel: Okay. Just off the top, just in general where do you envision the portables? Meridian City Council Meeting Agenda December 20, 2018 – Page 7 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 5 of 28 Van Ocker: Yeah. They will be on -- yeah. Here we go. They will end up being on this southeast portion of the site and there will probably only be one that we will end up showing that location with the CZC application. McCarvel: Okay. And any additional parking with that or -- Van Ocker: No. McCarvel: -- do you feel like you're -- okay. Van Ocker: We will end up meeting that 130 parking requirement that Stephanie mentioned in the staff report. So, there is a handful more parking spaces that we need to be able to squeeze in, but we already have kind of a revised site plan we can make that work. Holland: Madam Chair? McCarvel: Commissioner Holland. Holland: One question I have is on the parking lot design. I'm curious to why there is two separate parking lots, rather than having them connected for -- Van Ocker: Great question. What we do with our elementary school designs, we -- it's really imperative that we have a separate parent drop off from our bus loops and so we like to separate those two parking and it just makes the flow through the site -- you know, that 20 minutes in the morning and 20 minutes in the afternoon when parents are coming to pick up students, that they are not interfering with that bus traffic. So, we have always kind of -- when -- when the site affords it to us and we have got the space to be able to have two separate drop offs. It just makes -- the site circulation works so much better. McCarvel: Any other questions for the applicant? Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: Did I understand you correctly that you're willing to submit alternative compliance with the CZC and comply with whatever staff requires? Van Ocker: That's correct. Perreault: Okay. Thank you. Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Meridian City Council Meeting Agenda December 20, 2018 – Page 8 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 6 of 28 Yearsley: So, did I understand you correctly that you're only planning one additional -- additional dwelling for the expansion; is that correct? Van Ocker: For the relocatable classroom? Yearsley: Yes. Van Ocker: Yes, there will only be one. There is only really space for one. Yearsley: Okay. Van Ocker: So, we will -- we will end up locating that on that southeast section of the site and that will be noted in our CZC application. Yearsley: Okay. Thank you. McCarvel: Okay. Thank you. Van Ocker: Thank you. McCarvel: Do we have any public testimony for this application? Johnson: There are no sign-ins. McCarvel: Okay. That being said, is there anyone in the room who wishes to testify on this application this evening? Okay. If there is no more questions for staff, can I get a motion to close the public hearing on Item H-2018-0123? Holland: So moved. Perreault: Second. McCarvel: It has been moved and seconded to close the public hearing on H-2018- 0123. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: Yea, a new school. Perreault: Madam Chair? McCarvel: Commissioner Perreault. Meridian City Council Meeting Agenda December 20, 2018 – Page 9 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 7 of 28 Perreault: In the staff report it says the Commission should decide whether to have the light at Black Cat and Chinden as a condition added to the staff report and I would propose that we do. McCarvel: I think -- how many other applications have that request in there? I mean Black Cat and Chinden is a lot of fingers already in that with -- Parsons: Yeah. Madam Chair, Members of the Commission, yeah, quite a few projects have come through the city. Each one of them there is a different trigger to require that improvement. I can tell you that staff did meet with it ITD a few months ago to talk about some cost share options for installing that signalized intersection. There wasn't an agreement reached and so right now the way it's -- I think what's happening is a few months ago I believe that you guys approved a subdivision on the northwest corner that was required to put a signal in. We have the Tree farm Subdivision that's in their third phase and, then, of course, Costco as part of their agreement, they have to do the signalized intersection prior to their store opening. So, we have enough provisions and conditions out there to get the signalized intersection. It may not be -- the timing with the school might not be the right timing, but it will happen with Costco regardless or one of those other subdivisions as warranted. So, Costco is looking to open I think sometime in fall of 2020 is what we -- we have heard. So, that's -- that's why we pose the question to you. Staff didn't feel comfortable requiring that as part of the CUP. That's why we brought it to your attention, that, hey, one of our partnering agencies has requested something that we typically don't get from ITD and we know there is other conditions in place for other projects to provide that signalized intersection, so that's why we -- certainly it's within your purview to require that and that's why we posed the question to you if you feel it's relevant to -- we already have all these developments going on, but now we are putting it on one applicant to do it and that's why we pose that question to you to see if you thought that was equitable for the school to do it or not. Yearsley Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: Bill, I have one question for you is with ACHD not being able to complete their staff report, are we comfortable approving this without actually hearing what their conditions are and making sure that they get included in these -- this CUP? Parsons: Madam Chair, Members of the Commission, fair question. I mean Stephanie and I talked about it. Typically we would like to have ACHD's comments and particularly since ACHD does look at more of those off-site improvements with sidewalks, crossing Hawk signals, we like to get that incorporated into our staff report. If -- if it's the Commission's pleasure you can continue the project and wait for ACHD's conditions or you can simply add a condition that says they need to comply with all ACHD's conditions and that way when it comes out we will include that as part of the public record and we will have that captured in the findings. It's whatever the Commission's pleasure is. Meridian City Council Meeting Agenda December 20, 2018 – Page 10 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 8 of 28 Yearsley: Thank you. Holland: Madam Chair? McCarvel: Commissioner Holland. Holland: Looking at the map one more question for staff. The -- the road that's on the south side of this development, does that exit directly onto Black Cat I'm assuming? It doesn't really go anywhere else. It's -- it's coming out right onto Black Cat there on the mid mile. Parsons: Madam Chair, Commissioner Holland, are you referring to Gondola Drive? Holland: Yeah. Parsons: Yeah. It's a collector street that stubs into Black Cat. Holland: So, I guess looking at the map and where that comes in, seeing my fellow Commissioners, I -- I think my bigger concern would not be the stoplight at Black Cat and Chinden, but what the access looks like for Gondola Drive coming onto Black Cat, since it's at the mid mile and I would hate to make school districts pay for the infrastructure of a major intersection out there and certainly like to see what the cost sharing agree might look like with other developers in the nearby vicinity. Thoughts? McCarvel: Yeah. I agree. I think Black Cat and Chinden is a little far away for them to have to deal with, especially with the other development that's going on there. But, yeah, I think that intersection there at Gondola and Black Cat is of concern -- would be the bigger issue for a light. Yearsley: Well -- and that's my concern about approving this right now, is because without ACHD giving their conditions and having the applicant a chance to weigh in on it, you know, we are basically forcing their hand to basically meet all of ACHD's conditions if we approve it like you said. So, for me personally I would recommend approval -- or continuing it until ACHD has had a chance to act on it and, then, we can have a chance to meet with the applicant and talk over which ones or all, depending on what they are requesting is -- is appropriate. Holland: Madam Chair? McCarvel: Commissioner Holland. Holland: I think I agree. I would rather see the ACHD report and make sure that we are doing our due diligence and safety of buses coming in and out of there and pedestrians coming in and out of there, making sure that we have got it set up okay. Meridian City Council Meeting Agenda December 20, 2018 – Page 11 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 9 of 28 McCarvel: Yeah. I agree. Okay. Do we have a realistic time frame for the ACHD report? I know it's not your -- Leonard: Madam Chair, Commissioners, I kind of communicated with Christy and she made it seem like it would be fairly soon. I think her hope was to get it done before tonight's meeting. That didn't happen. So, I would say December 20th might be realistic, but I don't know for sure. McCarvel: We have one, two, three, four -- now five already on December 20th. Are we at a time is of the essence on this? Are we trying to get this done? Obviously schools needed to be done yesterday. Yearsley: I don't know. For me personally I think the 3rd would be more appropriate to give ACHD enough time to get their -- McCarvel: Yeah. And, then, to revise -- Yearsley: The staff report. McCarvel: Yeah. Okay. I agree. With that would somebody like to make a motion? Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: I move to continue file number H-2018-0123 for the hearing date of January 3rd, 2019, to allow ACHD and staff to -- or as ACHD to get their staff report completed and having our staff a chance to revise the staff report based on their conditions. McCarvel: Do I hear a second? Oh. Pogue: Madam Chair, you need to open the public hearing and, then, continue it. Yearsley: Oh. Yeah. McCarvel: All right. Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: I move we open file number H-2018-0123. Holland: Second. McCarvel: It has been moved and seconded to open the public hearing H-2018-0123 and seconded. All those in favor say aye. Opposed? Motion carries. Meridian City Council Meeting Agenda December 20, 2018 – Page 12 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 10 of 28 MOTION CARRIED: FOUR AYES. THREE ABSENT. Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: I now move to continue file H-2018-0123 to the hearing date of January 3rd, 2019, to allow ACHD to complete their staff report and city staff to update their -- their current staff report to allow for their conditions. Holland: Second. McCarvel: It has been moved and seconded to continue H-2018-0123. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. C. Public Hearing for TM Crossing Expansion ( H- 2018- 0122) by SCS Brighton, LLC, Located East of S. Ten Mile Rd. on the North side of I-84 1. Request: Annexation and Zoning of 1. 68 acres of land with a C-G zoning district McCarvel: Okay. At this time we will open the public hearing for H-2018-0122, TM Crossing Expansion, and we will begin with the staff report. Parsons: Thank you, Madam Chair, Members of the Commission. Next on the agenda is TM Crossing Expansion. This is an annexation and zoning request. The site consists of 1.6 acres of land, zoned R1 in Ada county and is located north side of I-84 east of South Ten Mile Road. Adjacent land use and zoning. We have -- north and east we have rural single family residential, zoned R1 in Primrose Subdivision. South we have I- 84 and to the west we have future commercial and office development, zoned C-G, which is TM -- TM Crossing Subdivision. This property was a lot and block in the Primrose Subdivision and at one time was designated as a public use. That has since been removed from the plat and now this is a parcel that the applicant has purchased and now wishes to develop the parking lot. Future land use designation on this property is -- shows LDR as far as designation, but as Commission is aware the Comprehensive Plan designations aren't necessarily parcel specific like zoning, so the applicant has requested to float that commercial designation to this parcel in order to construct the parking lot. Staff is amenable to that request and if you got -- the Commission is amenable as well, the C-G zoning that the applicant is requesting is consistent with that commercial designation. So, the applicant did provide a conceptual development plan with the annexation request. You can see here they are requesting this particular parcel would become a parking lot, which is a future -- which would coincide with the adjacent Meridian City Council Meeting Agenda December 20, 2018 – Page 13 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 11 of 28 commercial building to the west of the site and provide some additional parking to this proposed development. The applicant will do a 25 foot wide landscape buffer and six foot tall fencing along the north and east property boundary adjacent to the residential uses. Access to the parking lot would be provided from the TM Crossing development, so the one that it's abutting to the west and, then, emergency access would be from the Primrose Subdivision to the east. Currently ACHD has some designated future right of way in that area for a future vehicular connectivity -- connectivity, but for now staff is amenable to allow that to be an emergency access until such time as that adjacent subdivision to the east would redevelop in the future with something other than low density residential. I don't know what that is right now, but certainly it may not stay that way forever. A provision of annexation is that we are recommending a DA with the annexation request. Again, we are requiring the 25 foot wide landscape buffers and the privacy fencing along that north and west boundary -- excuse me -- east boundary. Because the site doesn't necessarily abut the interstate, staff is also recommending a 35 foot landscape buffer, along with a ten foot multi-use pathway along the interstate that could be eventually extended with redevelopment of that residential subdivision to the east. Staff did receive written testimony from Mike Wardle in agreement with the provisions in the staff report. Staff did not see any public testimony as part of the public record and we are, again, recommending approval with the C-G zoning district and I will stand for any questions you may have. McCarvel: Any questions for staff? Would the applicant like to come forward? Wardle: Madam Chair, Commission Members, Mike Wardle. Brighton Corporation. 12601 West Explorer Drive in Boise. Well explained and simply a straightforward expansion that allows us to -- actually we have seen a dramatic change in the context of the project since it was originally annexed. It was anticipated to be largely a retail center is turning into an employment center with office buildings and so in that context, then, when the adjacent property was made available, we opted to purchase that, so that it would, again, just be strictly a parking area with the required 25 foot landscape buffers and fencing. Bill did comment on an emergency access. The roadway that parallels the east boundary just -- and I don't know quite how to manipulate this, but you see the site plan where you have the east-west road that parallels the interstate and, then, it takes a curve to the north, that roadway will continue up to Franklin in the next several years. When that roadway is improved, the emergency access, which right now is only the secondary requirement that the fire department has, that one will go away and that existing 25 foot ACHD right of way will either be by license agreement landscaped. I don't anticipate that Verbena Street coming out of that one acre subdivision will ever be extended. We, in fact, worked with the neighborhood to assure that that would not be the case and so it was only a requirement for -- at least until that roadway to the north to Franklin Road comes that there is any kind of an access at all and there is a -- they just completed most of the fire access and gated it and ACHD had kind of indicated that they didn't really want that gated on -- within the so-called right of way, but, basically, we are just keeping the fence or the gate where it's been since the 1970s. So, we are working with ACHD on the license agreement to assure that, again, there is no through traffic coming out of that subdivision that would really cause some Meridian City Council Meeting Agenda December 20, 2018 – Page 14 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 12 of 28 difficulties and challenges for our neighbors and we have -- so, if you have questions I would be happy to answer them, but it's a pretty straightforward request just to annex and zone it in the context with the overall TM Crossing project. McCarvel: Any questions for the applicant? Okay. Thank you. Wardle: Thank you very much. McCarvel: Did we have anybody signed up to testify on this application? Johnson: Madam Chair, only one person signed in. They did not indicate wishing to testify. McCarvel: Okay. That being said, is there anyone in the room who wishes to testify on this application? All right. If there is no further questions, the applicant having come forward, can I get a motion to close the public hearing on H-2018-0122? Perreault: So moved. Holland: Second. McCarvel: It has been moved and seconded to close the public hearing on H-2018- 0122. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: Pretty straightforward. More parking. Yea. Too bad Bill's not here. Yeah. I think the buffers and all the suggestions and emergency access I think is -- as long as ACHD is okay with dotting the I's and crossing the T's on that, I don't see a problem. Perreault: Madam Chair, I agree. I don't anticipate that that's going to convert to residential at any point considering the size, so that seems like it's a use that's conducive to the area. Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: I agree. I think it looks good. I -- I do remember this application when it came through the first time and I find it interesting that -- how it has actually changed and I actually like this change much better as an employment center and, then, a retail center. I think it brings much needed jobs. Just as a note, that road to the north with the other application that came in on the north, they actually were required to make that connection to that subdivision onto that street at that point and so this being just a -- a fire access is probably appropriate potentially having it totally removed when that gets completed would be fine. Meridian City Council Meeting Agenda December 20, 2018 – Page 15 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 13 of 28 Holland: Madam Chair, no concerns here either. Bill, do we need to mention the DA in the motion? With that, then, after considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number H-2018-0122 as presented in the staff report for the hearing date of December 6th, 2018, with no modifications. Perreault: Second. McCarvel: It has been moved and seconded to recommend approval of H-2018-0122. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. D. Public Hearing for Warrick Subdivision ( H- 2018-0115) by Schultz Development, Located at 2445 E. Amity Rd. 1. Request: Annexation and Zoning of 36. 22 acres of land with an R-4 19. 94 acres) and R- 8 ( 16. 28 acres) zoning districts; and 2. Request: a Preliminary Plat consisting of 130 building lots and 19 common lots on 36. 22 acres of land McCarvel: Next on the agenda is file number H-2018-0115, Warrick Subdivision. We will begin with the staff report. Parsons: Thank you, Madam Chair, Members of the Commission. The last item on the agenda this evening is the Warrick Subdivision. This is an application for annexation and a preliminary plat. The site consists of 36.22 acres of land, currently zone RUT in Ada county and is located at 2445 East Amity Road on the south side of Amity, west of South Eagle Road. Adjacent land use and zoning. To the north we have future single family, which was the Castle Creek Subdivision, zoned R-8. West and south is existing and future single family residential. The White Bark, Southern Highlands, Sky Mesa Subdivisions, currently zoned R-4. And to the east we have rural residential ag, zoned RUT in Ada county. There is no history on the site as they are seeking annexation into the city. The Comprehensive Plan future land use map designation is low density residential, which is three or fewer units -- dwelling units to the acre. The applicant has applied to annex and zone 36.22 acres of land with an R-4 zoning district and an R-8 zoning district. So, a two zoning designation request. So, the R-4 portion consist of 19.94 acres and the R-8 portion is 16.28 acres of land. The applicant is requesting a step up with this particular development. So, as I mentioned to you it's three or less to the acre. It currently, as proposed before you this evening, it sits at 3.6. So, not a huge step up. A minor bump. But, nonetheless, it is over lined with the medium density residential designation of three to eight dwelling units to the acre. There are some existing homes and out buildings on this site that will be removed with -- upon development of the property. The applicant has submitted a concurrent preliminary plat Meridian City Council Meeting Agenda December 20, 2018 – Page 16 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 14 of 28 that consists of 130 building lots, 19 common lots, and they are also proposing a mix of housing types. So, not only are we having a mix of R-8 and R-4 zoning, but there is also a blend of 106 single family detached homes and, then, 24 attached homes, ranging in sizes from 1,350 square feet all the way up to 4,000 square feet. The average lot size for the proposed development is approximately 7,600 square feet. Amity Road is planned to be widened in -- in the near future between 2022 and 2026. So, the applicant is required to put in a westbound turn lane per ACHD's conditions and they had to set aside or dedicate additional right of way to make that happen per ACHD. Landscaping was also proposed within the development consisting of a 50 foot wide landscape buffer along Amity Road, with a 20 foot tall berm -- or 20 foot wide berm, parkways along local streets, and common open space and landscaping along pathways. Code requires a minimum ten percent open space with the proposed new development. The applicant is proposing 15 -- over 15 percent qualified open space, which consists of that 2.5 acre central park in the middle of the proposed development, a common area containing pathways, which is along the Ten Mile Creek along the east boundary is required to construct a ten foot multi-use pathway, half of the street buffer and, then, some additional common areas that were 50 by 100 in size that could qualify as open space and, then, also open space -- or, excuse me, the amenities include a clubhouse, a pool, and, then, Ten -- the Ten Mile Creek and, then, a pond, which also counts. The staff is also recommending that the applicant include a children's play structure as an additional amenity as part of this proposed development. Ten Mile Creek runs along the east boundary of the site, because that is a protected waterway that has to remain open as a water amenity. The applicant has not proposed any fencing along that waterway. However, if the Commission and Council determine that is a safety factor and would like to see fencing, certainly that should be a condition -- a recommended condition of approval from this particular body. The applicant did submit conceptual elevations for not only the clubhouse, the attached product, but also the other residential homes within the proposed development. Any homes up against the arterial street Amity will have to provide a mix of materials and articulation and modulation in the proposed facades. Staff did receive written testimony from Matt Schultz in response to the staff report and because the applicant is exceeding the open space standards, the amenities package for the UDC, staff is supportive of the request to step up and we are recommending approval of this project. With that I will conclude my presentation and stand for any questions Commission may have. McCarvel: Any questions for staff? Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: Bill, do you have anything that shows where that Beasley Lateral runs across the site? Parsons: Madam Chair, Members of the Commission, I don't, but I would presume that it's running along the south boundary here -- will be redirected here and, then, funnel Meridian City Council Meeting Agenda December 20, 2018 – Page 17 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 15 of 28 into this irrigation pond. But I think the applicant could probably shed some light on that for you. Perreault: Thank you. McCarvel: Any other questions for staff? Okay. Would the applicant like to come forward. Schultz: Good evening. Matt Schultz. 84201 South Ten Mile, Meridian, here on behalf of Berkeley Building Company, who was under contract with the Warrick -- the Warrick family to purchase this property if -- if we can get this approved and -- and I was excited to hear that Joe Atala -- he's not here -- be able to be here tonight, president of Berkeley. He was able to get this piece. I love south Meridian. I have done a lot to work down here and am excited to help them with the project. I have done two other projects for Berkeley over the last few years. One was the entrance to Sutherland Farm. We did five acres, 33 lots. We also did one called The Pond Subdivision, which is now Settlers Lane on Meridian up near Ustick and Berkeley is excited to have some -- one that has enough size to it now to be more of a showcase project -- is to have a -- more of an infill where you don't have an opportunity to do -- do the amenities and do the -- the product mix that this one affords. The size is a two edged sword in terms of a lot more expensive, lot more issues, but he is nevertheless excited to be able to show off this project and so am I with -- with Berkeley Building Company taking the lead and he may invite a few of his partner builders that he's comfortable working around to -- to share in this. But Berkeley does have product type that ranges from some of the, you know, less large, more efficient lot sizes that we saw in The Pond and Settlers Lane and he also builds on some builder teams, such as Reflection Ridge, on some of the bigger stuff and this one allows him to, you know, basically demonstrate this whole portfolio, to provide, you know, not just more lots, but, you know, greater price point differentiation, greater -- which is really what we need I think in Meridian. Going through a comp plan review right now and I'm on one of the steering committees where that's a big deal, you know, the diversity and, you know, that the affordability word, which is still hard to get, but it does give us a little more opportunity to get closer to 300,000, you know. So, I don't know if it's affordable or not, but that's just kind of what we are challenged with in this market when we pay retail for land and utilities and everything else and -- and when you get out of it you still be affordable is tough. Nevertheless, proud to represent this project. There is -- somehow some way the southwest corner of Amity and Eagle got -- this 80 acres got designated low density whenever they did so. Amity is a five lane arterial -- or will be. It will be a five lane arterial. Eagle, obviously, is -- if you look at the bigger context of -- of you know, basically Eagle being over here a little bit off the page. Yeah. Here we are. So, that's roughly about 80 acres there and we are not representing that parcel, but some day it will come in, too, and I hear Albertsons is right here across the street a little ways, you know, Tuscany has also a blend of product sizes. We have got a little blend of in the product sizes. We think what we are doing is definitely appropriate, especially if the end result is around that 3.6 to the acre, it's a pretty slight -- slight bump up and it's my contention and, then, hopefully, it gets in the new comp plan update, the, you know, zero to three really mean zero to 3.5, even Meridian City Council Meeting Agenda December 20, 2018 – Page 18 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 16 of 28 though we are a little bit over that I think -- you know, I think you really should allow that up to 3.5 for low. We are a little bit over that, still here. I think it's a big deal on some of these bigger projects. So, with that said some of the -- key if you can go back to the overall color plan, please, Bill. Some of the key -- I guess development issues that pop up on this -- we do have a two and a half acre park. We have an open area that's about an acre -- a little bit less than an acre, which is quite large. You know, it's 230 by 170, you know, that the developer -- or the builder chose to use that as an amenity, instead of, you know, hey, we are providing a very, very expensive several hundred thousand dollar pool and clubhouse facility, do we really want a playground, do we really need a playground, is that my market, is that my target and he said, no, it's really not, we would rather just do a big open space area, two pathways and, you know, some benches and - - and use that as our -- as our amenity -- I mean one of our amenities in addition to the pool and clubhouse. So, he made a conscious decision not to. I have always put a playground in. It isn't required at a minimum that we do playground at all sites, you know, it's kind of a marketing decision for him and he chose not to. It's kind of a philosophical question that he chose that he could, but he doesn't really choose to on the playground. We are -- we are proposing to put in the -- there we go -- the ten foot regional pathway all along here, along the west side of the Ten Mile Creek per the City of Meridian's park standards. The fencing issue that came up is an interesting one. We are proposing a fence at the back of our lots, you know, your six foot wrought iron fence. Along these drains, the drain side of the pathways aren't fenced. You know, if you look at the regional pathways we -- what we do fence -- or where we have parallel fences, if you will, is along the Ridenbaugh Canal or those -- those -- those deliveries, those concrete delivery facilities, that's where we double fence, but along all these drains, through Tuscany and elsewhere you have a fence at the back of the lots and the side that's along the drains. So, when I saw from staff I'm like, okay, well, that's interesting. Nobody's ever really asked for a double fence along a drain before. If that's something that the Council wants so be it, but it's just -- it's just not how things have been done along these natural -- this is the Ten Mile Creek -- along these natural drains. It's pretty low -- pretty low flow in this area, you know, except for -- especially up here -- upstream of the Ridenbaugh Canal and in the spring the Ridenbaugh Canal dumps a bunch of water and that gets pretty high north of the Ridenbaugh, but south of the Ridenbaugh with all this acreage being taken out of farm ground it's a pretty low -- low flow in the Ten Mile Creek, it's kind of a natural, you know, the cattails and, you know, kind of trickle down through there. So, it's not a -- it's not a big hazardous raging river, you know, type of facility, like these canals tend to be in certain times of the year. So, it's whatever -- whatever the Council's go on that. ACHD in the staff report you will notice they did -- they didn't like where this was located, even though they told me to put it in the middle originally, which I did. There is two parcels over here. There is one around the house, they thought that was kind of in an awkward position, if this other parcel would have developed independent of the rest, even though they are by the same owner. I said, okay, fine. We will move it. So, they conditioned us to move it right in here. So, it's an easy adjustment, just to kind of move it down about 400 feet, to just -- if -- it's just a more convenient place for that road to go through later for whatever reason. I just said we -- that's an easy move. Okay. We will move it. It's -- it's not a big deal. As far as the -- the Beasley Lateral, it comes in through Sky Mesa down here Meridian City Council Meeting Agenda December 20, 2018 – Page 19 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 17 of 28 and it diagonals across and it runs along over here. Oops. Oops. There we go. It runs over here, then, it runs up the property line and there is a couple -- an historical weir right here built in 1920 with some lava rock that -- I think the Beasley Lateral was built in 1920'ish time frame. It used to deliver water for hundreds of acres. Now, there is only - - downstream of us there is one half acre over here on the other side of Whitebark that takes water. That's it. There is one half acre that still takes water out of Beasley downstream of us and the rest of it wastes north to the Ten Mile Creek. That's it. So, we have contacted them said, hey, can we provide you pressure irrigation service and they -- you know, at a minimum we -- oops. That was me. At a minimum we are looking -- if we had to keep that maintained we would run it down through here, you know, over -- you know, we would really relocate it and run it to him in a 12 inch pipe, but we would ask the Boise Board of Project Control, which is a federal agency, to relinquish their huge easements for which -- which is literally a trickle of water now and the majority of the water can go to the Ten Mile Creek, just like it currently goes north to here, it would go to here, go through the pond, be the -- be the feed for a regional irrigation pump station that the New York property -- Irrigation District has requested to serve the entire 80 acres, of which we are the first 37 in that. So, we haven't quite figured it out exactly where it's going to go yet. We have options. It could run at the back of these lots, which we don't want to do. We would rather -- I would rather run it through the open space and get it over there. I would rather really, really, really just do it out of here, you know, and so we have got -- as we get in the engineering and work with that neighbor we will figure out exactly where needs to go and there is plenty of agencies that have jurisdiction, because right now it's a -- it's a 30 foot easement, it's under the jurisdiction of the Bureau of Reclamation, there is quite a bit of bureaucracy to relocate that, which will take about a year and in the meantime our first phase avoids it. It will give us time to work all that out -- where that's really going to go. Our first phase will have a secondary access and anything over 30 lots needs a secondary access. We do have an existing -- it's not shown here as existing, but this is existing now to Whitebark. That's an existing -- this is built now, even that area is old. So, we are going to connect to that and, then, this phase of Sky Mesa is under construction right now that's going to provide that stub street to the south. So, we are well accessed and, then, we have our bridge for future access. So that bridge we will design, we will get a good price for it and, then, we put up 50 percent of that with ACHD and it will -- whoever comes in on this side takes that money ten years from now, whenever, and builds the bridge. We did the same -- we are doing the same thing on Wells across the street when we were the second guys in, so we get to build a bridge this winter in Tuscany for Wells right across the street right now and Brighton put up some money. So, speaking of bridges, there is an existing flood zone and -- it's not a bridge, it's a -- it's a 36 inch pipe. The flood zone is quite wide through here, more so on our neighbor than us. It also is on our neighbors across the street. Tuscany remapped it and show that it was all contained in the Ten Mile Creek. FEMA does a broad brush and, then, a developer comes back and does a very exact topographic survey and does an analysis and submits it to FEMA. They revise it. Well, it was never revised from about where my -- where my -- my mouse pointer is south. It has never been revised yet, so that the heavy lifting that we are going to do in conjunction with ACHD is to build a bridge culvert underneath Amity to come -- to what is now the flood flow over tops that road, because Meridian City Council Meeting Agenda December 20, 2018 – Page 20 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 18 of 28 that 36 inch pipe can't convey 3,300 cfs, which nobody's ever seen yet, but, you know, it could happen in a hundred year event and so -- and so like the Wells bridge ended up being a nine foot high by 14 foot wide box, you know, spanning the creek and that lets the flow go through without constricting it. Everybody's happy. And we would go back and remap the flood zone to have it all in the creek and improve everybody's flood insurance issues. We got four different owners here. We are the first guy in. We will need some cooperation, though, from the owners, you know, in terms of easement to build that culvert, you know, on -- it can't all be on our -- we kind of share -- share a property line right there in -- between ACHD and us. We are going to cost share on that culvert. ACHD has taken the lion's share of it and, then, any kind of right of way needed would be compensated for, you know, fair market value, which is what we do and, hopefully, everybody's happy when this is all done. That's the plan. We don't make things worse, we make things better when we come in and that -- and that's what we do. As far as -- as far as the average lot sizes, like Bill said, we are about 6,000 square feet in the R-8 for average lot size. We are about 9,000 square feet in the R-4 section for a lot size. Our average is around 7,600 for a wide variety of product type ranging from -- I wrote this down a long time ago. Have to bring my -- my application here. So, yeah, 1,300 square feet to 1,550 on some of the attached here in the middle and, then, the remaining in the R-8 will be detached -- those will be attached. The remaining will be detached in the R-8 range from 1,352 to 2,200 and, then, as you go south into the R-4 those will range from about 2,000 to 4,000 square feet on those lots. So, I think it's kind of cool to be able to do a variety in one project and to try to hit it and not sacrifice the amenities, you know, and everybody can share in the same upscale amenity that we are providing in an area that you really need to compete anyways with -- with everybody else that's done pools on some bigger ones, like Sky Mesa is a much bigger one and Tree Farm and Tuscany, which was already built out, but, you know, Tuscany -- I think they have four pools for a thousand lots. That's another point. We only have 130 lots for one pool. So, it's a better ratio. But it all comes down to the size of the pool I know, but it seems like anytime you get over a hundred residents on one pool that -- you get 200 they start squawking for another one, you know, it's too small, whatever, but -- so, it is a nice ratio of homes to pool I think. It's healthy and we are -- we are excited to represent it and fix some of these infrastructure issues that developers fix, you know, and do. It's kind of some heavy lifting, but we are prepared to do it to make it all right out there on the culvert, as well as some of the irrigation issues. So, with that I will stand or any questions. McCarvel: Thank you. Any questions for the applicant? Yearsley: So -- so, staff has actually conditioned the -- the playground. Are you asking that be removed? Is that what I'm understanding? Schultz: Yes. Madam Chair, Commissioner Yearsley, there was a little mistake in the original staff report that we were providing a tot lot, you know, and we actually providing an open play area and I pointed it out to staff, hey, we are not proposing one. It's not on our color rendering, there is no playground and that's when they went, oh, well, we think you should provide one. Oh, yeah, that's fine. So, we are asking that we not. We are Meridian City Council Meeting Agenda December 20, 2018 – Page 21 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 19 of 28 asking it be approved as submitted -- you know, the way we submitted it and -- and we think we have provided, you know, these open spaces that the minimum is 50 by 100, being able to provided one that's several times that size to be more of an open play area, instead of a focused little one. So, yeah, we are asking. Hopefully, it's not a cause for denial, but if you do -- if you want to keep on your condition of approval moving forward in your recommendation, we are happy to go along with that moving forward as far as your recommendation that we keep it, but we are not proposing to change right now. Yearsley: Okay. McCarvel: So, you said you didn't want one because of your market. What is your targeted market for these homes? Schultz: What we are seeing out there is a lot of people that want to downsize and they are kind of not -- I mean there will be some families in here no doubt. McCarvel: Yeah. Schultz: You know, there will be some. But there is just not as -- the ratios are much different now in terms of downsizing and they still want the same quality. The price isn't really an issue, they just don't want the big yard and they don't have a lot of kids or any, you know, so that's -- that's a market that is being satisfied by him very successfully right now in some other areas and he would like to continue here in south Meridian, which is, obviously, a very desirable location to live, so -- Perreault: Madam Chair? De Weerd: Commissioner Perreault. Perreault: Bill, could you bring up the landscape rendering again? Thank you. Matt, was there any consideration made to put a green space or a buffer between the -- I don't know -- I don't think these are townhouse lots -- right there near where your mouse is there. Right in that area. Schultz: Between the R-4 and the R-8? Perreault: Uh-huh. Schultz: No, we don't -- we don't think there is a -- it's at issue to have a little bit different lot sizes. We think they are not a -- they should be separated as much, you know, I know that those are -- those are worse. So, those should be separated and I think they are compatible, even though there is -- there is not -- they are not one to one lined up on lot sizes, you know, one and a half or whatever it is isn't bad. So, we have over 15 percent already open space, so we are not lacking a place to put it and so in terms of -- in that regard we thought we had a pretty -- pretty robust landscape plan and Meridian City Council Meeting Agenda December 20, 2018 – Page 22 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 20 of 28 what happens in those areas -- although it might seem like a good idea, they become no man's lands or places that are hard to -- to police, especially with a pathway. So, I like to keep my pathways short now I think about it and in our new police -- I can't remember the name right now. He's really on that lately, too. So, I think that might become one of those areas that might be more of a policing issue if we did propose that. Holland: Madam Chair? McCarvel: Commissioner Holland. Holland: Just a quick clarification. So, the attached product I'm assuming just by the look of the lot sizes is probably going to be what's around the park for the most part? Schultz: Yes. Madam Chair, Commissioner Holland -- it's been a while since I have submitted this, but I believe it could be here as well around the park and right there. But he's also leaving an option. He wants to have the option -- he's working on some detached 40 foot product. But he also is working on attached and staff's got a condition that if you are going to go attached on the final plat and on the plat you show what is your common zero lot line if you will and so he's still -- he's leaning towards doing it, but he's -- he -- you know, he might mix in some -- some detached as well in there, so -- it allows him to do another extra five feet is what it does on -- if you attach them, you know, on that same size lot. McCarvel: Okay. Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: You probably know this better than I do, since -- does Tuscany have a fence between their pathway and the canal? Schultz: No. Madam Chair and Commissioner Yearsley, they don't. Yearsley: Okay. Schultz: And no pathway that I have been involved with along a natural drain or creek have had them in my experience. Yearsley: Okay. And that's -- that's what I thought, but I couldn't remember. Schultz: Yeah. They are open. They are natural. Even the ones that are -- I mean this is a city pathway and there is plenty city pathways where they are open along these creeks. The Ten Mile Creek especially as you go north they are open through -- I'm thinking of through the south part of Tuscany and I don't remember on the north part of Meridian City Council Meeting Agenda December 20, 2018 – Page 23 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 21 of 28 Tuscany, which was done 12, 13 years ago if they had double fencing or not, but I know in the south next to Wells there is not -- where we are building the bridge there is not an extra fence. Yearsley: And by the park and through that area there is no fence between the canal or the -- the drain -- Schultz: Right. Yearsley: -- and that as well, so -- Schultz: Yeah. Yearsley: Okay. Thank you. McCarvel: Any other questions of the applicant? Okay. Schultz: Thank you. McCarvel: Thanks, Matt. Any public testimony, Chris? Johnson: Madam Chair, there is one person signed in. Stephen Stark. McCarvel: Okay. Stark: My name is Steven Stark and my address is 2630 East Amity Road and my wife Kathy Stark and I own a home with three acres. It's directly across the subdivision across the street on the north side of Amity there and I have two things I would like to talk about. One thing is we went to the neighborhood meeting and there was no talk about attached homes at all. So, I was pretty surprised when he brought that up and I noticed there were no pictures of attached homes, only pictures of houses and stuff. So, I think there is a place for attached homes, but not in the -- what is previously low density. I mean we understood that there were going to be some smaller lots and we know the new R-8 is a small lot and stuff, but I think -- I think attached homes is inappropriate for this part of town. There is not another -- that I know of -- anything close around that's like that. The other thing is I was wondering if it's possible to get a picture of a -- part of our property here where I can point something out and what he -- what he talked about was the replacement of the culvert and the floodplain is along the culvert there -- I mean along the creek and it's on our property and where they are talking about replacement of a culvert there is presently a 40 inch pipe culvert that goes underneath Amity and about a hundred feet down the road where the Meridian path comes along is another 40 inch culvert. So, if you open this culvert up nine foot by 18 foot I heard him say was an example and leave that 40 inch culvert, all that additional water is coming onto our property and it's going to increase our floodplain. Our structure is not in the floodplain and it will -- it will be. It was a very close call. There are structures out of the floodplain when Tuscany developed, they did the entire study of the area. FEMA decided that we were in the floodplain when we weren't. It took us a Meridian City Council Meeting Agenda December 20, 2018 – Page 24 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 22 of 28 long time to get it all straightened out. We had to buy flood insurance. We ended up getting the flood insurance off our property and it all settled down and I'm a hundred percent positive that if you open up one side and, then, a hundred feet down the road you don't open up that side, it's going to create a massive problem for us on our property and, in fact, I heard him say that the majority of the water in that open ditch is going to run over to the Ten Mile and so it's going to be even higher than it is presently. So, that is a big problem for me and so my request is that an offsite condition be put in to increase the culvert underneath the Meridian bike path to equal the culvert going underneath Amity. That way it's a neutral effect on our property. So, whatever the reason -- or however they do it, I would like a neutral effect on our property as far as increasing the floodplain of our property. I also would like to request that on note two have the plans it talks about -- after the -- after the culvert is increased that the -- the base flood elevations will be evaluated. I would like to add that after the culvert is changed and the second culvert is changed, then, we measure the -- evaluate the -- the base elevations, because if they just replaced the culvert on Amity and, then, do an evaluation, we are -- we are in the flood zone. So, that is the end of my request and any questions for me? McCarvel: Any questions for -- okay. Thank you. Anybody else in the room who wishes to testify on this application? Certainly. K.Stark: Thank you. My name is Kathy Stark. I live at 2630 East Amity Road. And where he's talking about is that Ten Mile Creek or drain, whatever we want to call it, flows onto our property. So, it's just the corner of our property. So, at the corner there it exits our property underneath the path that goes along the Tuscany walkway and so it's just a small stretch that's actually on our property, but there is two culverts on there. You know, there is one coming underneath Amity and one exiting our property going on down the way where he is talking about where the Wells is. So, that same waterway goes down by the Wells and it's imperative to us that we don't increase our floodplain and cause us that grief. In addition to that he is correct, we did not -- at the neighborhood meeting there was no mention of attached homes. It was all -- and a -- and the new R-8 is quite small and that area is designated low density and I wouldn't consider attached homes low density, so -- and when we talked to them there was, you know, people like small lots. Well, if I can jump from roof to roof I don't really care for it myself and so I think that's inappropriate for our area. So, I would request that they can't have attached homes -- no attached homes and that whatever they do does not increase the water level in the Ten Mile Creek to where it would affect landowners beyond them. Thank you. Yearsley: Madam Chair? Excuse me. I have a question. McCarvel: We have a question. Yearsley: That second culvert is not on your property; is that correct? Meridian City Council Meeting Agenda December 20, 2018 – Page 25 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 23 of 28 K.Stark: No. Well, actually, it is. It -- because this picture doesn't show. I took some pictures for my husband, but I don't think we got them. Let me see here. So -- McCarvel: Please speak into -- please speak into the mic. K.Stark: I'm sorry. McCarvel: You can bend the mic down to you. K.Stark: Do you see where this black plastic was? That was when Tuscany was developing -- you know, they make them put that up. Underneath there where those white rocks are, that's where there is another culvert that goes through to -- right over here. Yearsley: But that culvert is on the other side of that fence. I would assume that your property doesn't go across that fence; is that correct? K.Stark: Our property is right here and this is where that -- Yearsley: Okay. K.Stark: -- culvert -- the culvert -- you know, honey, is the pipe on our -- does it touch our property? Yearsley: Okay. K.Stark: So -- so, our fence line -- I'm sorry -- Yearsley: Yeah. K.Stark: -- is right here and it's -- Yearsley: And the pipe is on the other side. K.Stark: -- it really hard to see. These rocks are on the other side. So, that's whoever owns that. But it -- but it -- we should have brought the picture. It actually touches -- I mean our grandkids could walk under that if -- Yearsley: Right. K.Stark: Do you know what I'm saying? Yearsley: Right. So, the pipe touches your property, but it doesn't -- is not on -- it doesn't span across your property. K.Stark: No. It goes underneath. Meridian City Council Meeting Agenda December 20, 2018 – Page 26 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 24 of 28 Yearsley: Okay. K.Stark: It goes right underneath right under here and across to where that other drain is. Yearsley: Yeah. That's what I was thinking. Thank you. K.Stark: Right there. McCarvel: Thank you. Would the applicant like to come forward? Schultz: Yes. Matt Schultz for the record. Appreciate the Starks comment. I remember talking about attached, but my memory is shot and it was about six months ago. But, nevertheless, I don't think -- would I do it as a builder, I don't know. I don't think it's bad, especially if it's owned, it's not a duplex where it's a rental, it's -- it's just -- like I said, you're able to go five foot wider even if you go attached than -- it just has a little bit of architectural differential. Will people pay as much for that? I don't know. It's not my choice. I'm a land guy, not a house guy, and Berkeley Building Company wants the flexibility to attach those. He has shown some -- you know, some -- he's an architect and he can draw up some cool stuff and he likes building the cool stuff and it's just -- it's an option he would like to have and it is allowed per your code in the R-8. I mean the zero line is allowed. It's an allowed condition, we just need to show it on the plat. As far as the flood zone is concerned, it's an interesting situation that I saw as well. We have got two culverts and, obviously, if you open up one and just let it go onto a smaller one downstream, you have just kind of -- you got a problem still. I mean -- so, it's never been our intent to ignore that, to open it up and not do it. I -- they are -- all of these owners, including the Starks, this was a subdivision right next to us, they kind of -- I'm not sure how they got out of dealing with it, but they did. You know, Castle Creek they were approved five years ago. They haven't built yet, but they are going to here soon. And, then, there is us and, then, our other neighbor. We all need to work together and we are willing to go -- go to bat and work out -- do you have an aerial, Bill, with like -- maybe like Google -- do you have like Google aerial -- just come off the street view. You, know, basically, this triangle in here and, obviously, they want the path not to go on their side. They want it to cross, which is fine, but in doing so we have -- we have incurred the cost of either an extra long culvert -- you know, just one continuous to fill that in or -- or two. It might be more cost efficient to do an extra long one and have that pathway just kind of come over through here and come back out where there might be some efficiency, but -- but, then, again, like I said, my initial test and I'm looking forward to working with all my neighbors to design this to make sure everybody comes out as better than we started and we are going to run the letter of map revision after we designed the culverts to show that it's all contained in the ditch and right now I was looking at it, I think that flood zone, based on my map, probably goes real close from the front door. I mean right now. But we -- we haven't even showed up yet and done anything. I mean -- so, we -- we want to take that flood zone, move it away from his front door and put it all the way back in the creek where it Meridian City Council Meeting Agenda December 20, 2018 – Page 27 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 25 of 28 belongs and by doing -- by doing the appropriately sized culvert we are confident with the studies that have been done downstream and even to Hill Century Farm, that as long as you don't have a constriction that hundred year flow will stay in the creek and you can remap it, submit to FEMA, you show them all the technical documents and they draw the swath to the creek now and they -- they revise it. So, not only are we going to do the heavy lifting of the work and work out this interesting situation, we have the culvert to make sure nobody gets hurt, but we are also going to -- when we are all done or in conjunction with, we will run it through the Federal Emergency Management Agency and get the letters -- the maps revised to get it down in there. So, I think it's a -- it's a good thing that we are here and that's usually what happens. It takes one guy that has something to gain over here that does the heavy lifting to get one of these situations that nobody wants to do enough -- ACHD has told me they will pay 90 percent of this, as long as we can build out to the five lane future full culvert links and that's where some right of way comes into play. We are just not going to replace it here, it needs to extend out and if you have already extended it out, you may as well extend it the whole way, you know, and how that splits up in the end for us, because ACHD is going to say, well, that's your problem, you know, on the culvert and I'm going to go, okay, that's fine, maybe it's a 70/30 split of the whole thing instead of 90/10. Whatever it is it is. We are here to make it right and so we are going to work through that and we are confident we can work through that with the consultants we have and -- and with the will that we have to get this done and make it a good thing for everybody. So, that's all. McCarvel: Any other questions for the applicant? Schultz: Thanks. McCarvel: Thank you. Holland: Madam Chair? McCarvel: Commissioner Holland. Holland: I move we close the public hearing for 2018-0115. Perreault: Second. McCarvel: It has been moved and seconded to close the public hearing on H-2018- 0115. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. McCarvel: Well, we have got a -- Perreault: Madam Chair? McCarvel: Yeah. Go ahead. Meridian City Council Meeting Agenda December 20, 2018 – Page 28 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 26 of 28 Perreault: Oh, I'm sorry. McCarvel: Commissioner Perreault. Perreault: Question for staff. McCarvel: Uh-huh. Perreault: Bill, can you shed some light on why the recommendation was made for the play equipment? Parsons: Madam Chair, Members of the Commission, certainly. I think Matt kind of alluded to it. Originally staff was under the impression that there was a play structure as part of their request. That did not happen. We errored. So, at that point we decided, you know, it makes sense, we know our Commission -- or our Council is -- is big on tot lots as part of developments, so we want to make it inclusionary for everyone. So, staff went ahead and recommended a -- recommended provision of the development agreement that they add an additional amenity. Certainly if the Commission feels that there is adequate amenities with this proposed subdivision, you could certainly look at them or strike that requirement for the tot lot. Perreault: Okay. McCarvel: Yeah. I think I could go either way, with or without the tot lot. I mean if it's a deal breaker for the Commission -- or the Council I guess they can have it. I -- I do think the type of homes that -- especially the ones -- the ones that are closest around there, do tend to attract more empty nester type people and, then, you have got lots on the other end that are big enough to have their own swing set. So, I could go either way, because I think the amenity package is nice as it is. Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: I agree. I don't know if I necessarily think that we need to have a tot lot on this property. With some of the comments that were brought up about attached homes, there actually are attached homes in this area. The Sobe Subdivision, which just is north of Tuscany off of Eagle Road has multiple attached homes and you really can't tell that they are attached homes and so I don't know if I think that they are necessarily a bad thing. It looks like just a big house. I mean with the smaller homes like this, most times your attached homes are a single story and so it actually looks fairly -- it looks -- it looks like a good product. With regards to the culverts and the flooding, I do appreciate Matt's willingness to work with his neighbors. At this point we cannot put that condition that that second culvert be replaced by him, because it's actually not on its property and we can't force him to -- but his willingness to work with the -- the four adjacent neighbors Meridian City Council Meeting Agenda December 20, 2018 – Page 29 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 27 of 28 to -- and ACHD to try to get that to the best solution as possible I think is commendable. So, with that I would -- I would recommend approval. McCarvel: Commissioner Holland. Holland: Madam Chair, I don't see a lot of concerns either. I appreciate that they are a little bit over what the recommended -- or requirement is for amount of open space. I always like when they put more open space than they need to. I'm kind of one way or another on the tot lot as well. They certainly are a nice amenity to the neighborhoods, but with the pool and a clubhouse that's also a nice amenity that not all neighborhoods have. So, you know, if Council decides they want to include the top lot, I don't think it's a deal breaker one way or another. The attached home products -- I always think it's interesting when you have got such a wide variety of housing products, but I tend to agree with what your comments were just a minute ago, that they don't tend to look like bad products and I would rather see some of those attached products that have the really tall skinny houses that just are maximizing all the square footage they possibly can. I don't think we need to make a condition about fencing the creek either. I haven't seen that in a lot of neighborhoods. I'm not too worried about that. And I agree on the drainage. I think it's -- he is willing to work with the neighbors and it sounds like he's got a plan to make sure they accommodate the neighbors across the street, as well as the future developers for the area. Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: I agree with Commissioner Holland. One thing I wanted to add regarding the attached homes. I think they suit this development well, but because housing prices are increasing at such a rapid rate, we are seeing individuals buying homes that -- that are attached and that are what they are calling garden homes that maybe don't fit the typical empty nester or single individual or married couple -- young married couple type of concept, because the prices are just -- are pushing families into those smaller types of homes and so I think you're going to see that shift pretty significantly over the next few years and because that's the case -- I mean I -- I think it's fantastic that they chose to put the location of those around the common area, because that is the case. I agree, I don't know that it necessarily necessitates requiring them to put a tot lot in, but I think we could see a variety of different, you know, groups living in this area, not just -- maybe the individuals who typically buy the attached properties. McCarvel: Yeah. I think my bigger concern is that, yes, given, you know, the R-8 zoning, it always sends -- sends a red flag up to me the minute I start reading and they request a step up in zoning, but I think if we can keep it at the 3.6, which is just barely over the R-4, I think that doesn't cause near as much heartburn for me as some of the others that we have seen and I think -- the variety of homes in the neighborhood lends itself -- I mean just brings in a nice mix of purchasers. Meridian City Council Meeting Agenda December 20, 2018 – Page 30 of 143 Meridian Planning & Zoning Commission December 6, 2018 Page 28 of 28 Yearsley: Madam Chair? McCarvel: Commissioner Yearsley. Yearsley: After considering all staff, applicant, and public testimony, I move to recommend approval to City Council a file number H-2018-0115 as presented in the staff report for the hearing date of December 6th, 2018, with the following modification: That the tot lot be removed and not need to be constructed. Perreault: Second. Holland: Second. McCarvel: It has been moved and seconded to recommend approval of H-2018-0115 with modification. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT, McCarvel: I know we have one more motion, but I would like to say one more thing. Hi, dad. All right. Holland: Madam Chair? McCarvel: Commissioner Holland. Holland: I move we adjourn for the hearing date of Thursday, December 6th, 2018. Perreault: Second. McCarvel: It has been moved and seconded to adjourn. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE AYES. MEETING ADJOURNED AT 7:18 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED ) h An C x I /w R'1-10DA McCARVEL - CHAIRMAN DATE APPROVED ATTEST: oPQbej,,cED AU��sI� a`' w u Cilyor EIDIAN�- � IOAHO x� SEAL 7�"/ Meridian Planning & Zoning Commission December 6, 2018 Page 29 of 28 C. JAY COLES - CITY CLERK