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2019-11-21Meridian Planning and Zoning Meeting November 21, 2019. Meeting of the Meridian Planning and Zoning Commission of November 21, 2019, was called to order at 6:00 p.m. by Commissioner Ryan Fitzgerald. Members Present: Commissioner Rhonda McCarvel, Commissioner Ryan Fitzgerald, Commissioner Lisa Holland, Commissioner Andrew Seal, Commissioner Bill Cassinelli and Commissioner Olsen.. Others Present: Adrienne Weatherly, Andrea Pogue, Bill Parsons, and Dean Willis. Item 1: Roll-call Attendance __X____ Lisa Holland ___X___ Reid Olsen __X___ Andrew Seal ___X___ Ryan Fitzgerald __X___ Rhonda McCarvel ___X___ Bill Cassinelli ________ Jessica Perreault - Chairman Fitzgerald: Okay. At this time I would like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning for the date of November 21st, 2019, and let's start with roll call, Madam Clerk. Item 2: Adoption of Agenda Fitzgerald: The first item on the agenda is the adoption of the agenda and I think there has been some discussion -- as we all know we are very excited for our fellow Commissioner who was recently elected to the Meridian City Council and so she has informed our legal team that she is stepping down. So, for the next couple meetings we need to fill her spot. I get to hang out as the vice-chair, so we were hoping to add something to the agenda, probably at the end, so we can get our fine fellow applicants tonight out the door, to add something on the agenda to fill that spot until the end of the year and, then, we will do our regular scheduled election to the first meeting in January. So, can I get a motion to amend the agenda somewhat in that manner? Olsen: So moved. Holland: Mr. Chairman? Fitzgerald: Commissioner Holland. Holland: Do we need to actually formalize that motion or can we just say so moved? Fitzgerald: I think we have got a so moved over here. Meridian City Council Meeting Agenda December 5, 2019 – Page 4 of 58 Meridian Planning & Zoning Commission November 21, 2019 Page 2 of 8 Holland: Okay. Fitzgerald: So -- Holland: Second. Seal: Second. Fitzgerald: Okay. I have a motion and a second to amend the agenda for the meeting of November 21st, 2019. All those in favor say aye. Opposed same. Motion passes. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda [Action Item] A. Approve Minutes of November 7, 2019 Planning and Zoning Commission Meeting Fitzgerald: Next on the agenda is the Consent Agenda. We only have one item and that is to approve the minutes of November 7th Planning and Zoning Commission meeting and I don't see any reason to pull anything out, but let somebody else tell me if you wish to do that, but -- and so can I get a motion to approve the Consent Agenda. Seal: So moved. McCarvel: Second. Fitzgerald: I have a motion and a second to approve the Consent Agenda. All those in favor say aye. Opposed same. Okay. Thank you. MOTION CARRIED: ALL AYES. Item 4: Action Items A. Public Hearing for Silverstone Apartments (H-2019-0104) by Dave Evans Construction, Located at 4107 E. Overland Rd. 1. Request: Modification to the Conditional Use Permit (H-2016-0060) to increase the number of dwelling units in the multi-family development from 112 to 204, increase the acreage from 5.61 to 10 acres, and update the development plan for the site Fitzgerald: Okay. So, tonight we have two applications on our docket. Both are requesting to be continued and so we are -- we will open them for the reason of continuance only. So, we will start with the public hearing on H-2019-0104 Dave Evans Construction, the Silverstone Apartments. Madam Clerk, do you -- do we need to do Meridian City Council Meeting Agenda December 5, 2019 – Page 5 of 58 Meridian Planning & Zoning Commission November 21, 2019 Page 3 of 8 anything for them or they here? Okay. Sir, will you come forward and introduce yourself and, then, we will continue this -- just give us an idea why you guys are asking for a continuance, so we could have that on the record. Powell: My name is Rob Powell. My address is 7761 West Riverside, Suite No. 100, Boise. 83714. We are asking for a continuance -- we have received a continuance from City Council for the -- the development agreement that we have in for -- for our application as well. That was granted to the 3rd of December. The reasons that we asked for that are the same reasons we are asking for this. We got some late comments from ACHD that we have been responding to. One of those comments made a pretty big difference in the layout of our project moving our access onto a collector street. We have also been very involved with the neighbors and we have had already a couple neighborhood meetings since then, so we have needed that time for that as well. The third reason is we have been trying to get some traffic information. ACHD is requiring us eventually to -- provide a signal warrant analysis at the corner of Movado and Overland and so we have not ordered a full study, it's very expensive, but we have -- we hired a traffic engineer to do -- they are calling them early findings, which we think will kind of give us a pretty good idea of whether -- whether or not we will have to provide a signal at that intersection. So, that's kind of a big deal. It's something that the neighbors actually asked us to do as well. So, it's going to benefit us and also give the neighbors an idea that that's going to be coming in the near future. Fitzgerald: Awesome. Bill, do we have anything for staff or are we good to move forward? We do not have a staff report, obviously, for tonight, but I just want to make sure the applicant had a chance to say -- Parsons: Yeah. Chairman, Members of the Commission, the staff report has been ready several weeks ago, so you have that in the packet in front of you. Certainly our preference is to have City Council act on the development agreement before you, act on the conditional use permit, and that's why Rob is -- one of the main reasons why Rob is asking for the continuance, because eventually if City Council doesn't grant the increase in the number of dwelling units, he's, obviously, going to withdraw his application for the conditional use permit, because he can't move forward with that. So, we don't want to put the cart before the horse per se. So, in the interest of time this evening I think it's best for this Commission to honor the continuance and see where we land on the 3rd with City Council and see if we even have a hearing on the 5th. But I know the neighbors have contacted me, they are informed of the continuance, they are pretty organized over there and I have been keeping them apprised of this project as it moves through the public hearing and I have noticed the signs were up, so they are aware of it as well and so kudos to the applicant and staff and all of us, we are -- we are definitely keeping everyone informed. So, I think the best thing to do this evening, again, is just recommend continuance -- Fitzgerald: Okay. Meridian City Council Meeting Agenda December 5, 2019 – Page 6 of 58 Meridian Planning & Zoning Commission November 21, 2019 Page 4 of 8 Parsons: -- and let us get these things sorted out. I don't know by the 5th whether or not you will have ACHD's comments on that analysis for the traffic signal or not. I had a chance to go through the record. This project is pretty convoluted. It really started as a piecemeal project and it ended up to where we are now. We are trying to get those pieces all put back into a uniform piece, if you will, but it started in 2016. I had a chance to go back, look at the record, and it looked like the traffic study was approved by ACHD on this entire Movado project, which included the apartments, commercial, and the residential that's out there. There is nothing in there that even discussed a signal at that intersection where it intersects into Overland. One of the comments that I saw on the ACHD staff report as I was reviewing it this afternoon dealt with a right turn lane into that development off of Overland Road, but due to the cost of the relocation of the existing Idaho Power poles ACHD did not require that improvement to be made. So, the developer was given a pass for putting in that improvement. So, that's really all the information I have as far as what was reviewed and approved with that project over the last couple of years, both 2016 and 2017. So, if you feel like you need more time beyond that December 5th hearing, that's within your purview to ask for that this evening. But, again, if -- if Council doesn't approve the development agreement modification, then, this project, more than likely, isn't moving forward with anything other than what's currently approved for the project, which is 112 units, which is currently under construction. Fitzgerald: Okay. Are there any questions? I know there was some e-mails going back and forth, so I wanted to make sure we give everybody a chance to -- any questions from the Commissioners? McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: Bill, do you feel like December 5th is enough time for staff to react if this is going in front of City Council on the 3rd and -- is it realistic? Parsons: Yeah. Chairman, Members of the Commission, I have instructed Rob to get me a revised layout, so that I can update any conditions of approval that may be necessary to be changed, so that will happen as part of the DA mod and as part of the CU mod. So, yes, I am confident if I have something here by the end of the week or early part of next week that I can get a memo out to both bodies and -- representing those changes to you. They are not very significant. I think it's, again, relocation of the access point as Rob alluded to and, then, losing some units to make up some additional increase -- actually increase the parking and lose a few units and add more open space is really where we are at on this at this point. Fitzgerald: Thank you. Commissioner Seal, do you have -- I know you had some e-mails going back and forth and I know Commissioner Cassinelli did as well. Do you guys have any questions, any further or are we good to move for a continuance? Meridian City Council Meeting Agenda December 5, 2019 – Page 7 of 58 Meridian Planning & Zoning Commission November 21, 2019 Page 5 of 8 Seal: I'm sorry, I'm trying to pull this up, but the bookmarks I had in here are gone. I guess I read the ACHD report differently. To me it looked like part of the condition of approving this would be to do that -- that light study. So, I mean that's -- that's what I read in there, along with the COMPASS report that only included this -- essentially, it -- the COMPASS report says that it works simply because it's a mixed use, not -- not adding in the additional complexes in there. So, I just wanted to make sure that more -- if we are going to do a continuance that we -- a continuance that we allow for extra time for that light study to be completed. Because to me it seems like -- I mean what I read in there is that it -- in order -- or in order to approve it that's what they want. Fitzgerald: Rob, do you have a comment? Powell: Well, I -- I guess I read that differently. I thought that they were pretty specific about saying that that would be required when we submitted our design review and certificate of zoning compliance. I'm looking at it now. Parsons: Yeah. Chairman, Members of the Commission, I have the condition here and that definitely says with the building permit they will review that traffic warrant. Under Site Specific Condition of Approval No. 1 under the MCU application it says signal warrant analysis should be reviewed and accepted prior to the issuance of a building permit for the multi-family dwelling units. Fitzgerald: So, they have got some time. Parsons: They have some time. Fitzgerald: Any other questions?. Thank you very much. We appreciate it, Rob. Powell: Thank you. Fitzgerald: With that a motion is in order to continue this. Keep the public hearing open. So, I will entertain any motions. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I move we continue H-2019-0104 for the Silverstone Apartments to the date of December 5th for continuance for the stated reasons that the applicant would like some more time for working out the development agreement with City Council and reviewing that traffic impact. McCarvel: Second. Meridian City Council Meeting Agenda December 5, 2019 – Page 8 of 58 Meridian Planning & Zoning Commission November 21, 2019 Page 6 of 8 Fitzgerald: I have a motion and a second to continue the public hearing on H-2019-0104. All those in favor say aye. Opposed same. Motion passes. Thank you very much for being here. We appreciate it. MOTION CARRIED: ALL AYES. B. Public Hearing for Skyward Subdivision (H-2019-0087) by The Land Group, Inc., Located East of S. Eagle Rd., Approximately ¼ mile South of E. Lake Hazel Rd. 1. Request: Annexation and Zoning of 80.46 acres of land with an R-8 zoning district, and 2. Request: Preliminary Plat consisting of 268 building lots and 17 common lots. Fitzgerald: So, the second application out there that's also being requested -- or it has requested a continuance is Skyward Subdivision, file number H-2019-0087 and we will open it up for -- and I don't think the applicant is with us tonight, Bill. Parsons: Chairman, Members of the Commission, he is not. He e-mailed me and I said there wasn't a need for him to attend this evening, just for the fact that, again, it's -- they need time to work on some of their design changes requested by staff. Also I received a phone call from one of the adjacent neighbors and the applicant didn't even post the site, so there is no way that we can even hear this this evening, because it hasn't met the posting requirements of the code. Fitzgerald: And do we have a date that -- Parsons: yeah. He is requesting it to January 16th of 2020. Fitzgerald: Thank you very much. With that information anything -- any questions for staff? McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: I move that we continue Item H-2019-0087, Skyward Subdivision, to the date of January 16th. Seal: Second. Fitzgerald: I have a motion and a second to continue file number H-2019-0087, Skyward Subdivision, until January 18th, 2020 -- 16th. Sorry. 2020. All those in favor say aye. Opposed same. Motion passes. Thank you. Thanks, Bill. Meridian City Council Meeting Agenda December 5, 2019 – Page 9 of 58 Meridian Planning & Zoning Commission November 21, 2019 Page 7 of 8 MOTION CARRIED: ALL AYES. C. Nomination and Vote for New Commission Chair and Vice Chair 1. Current Chair stepped down, requiring selection of new chair and vice chair.Commission Elections Fitzgerald: Okay. Last item on the agenda is -- I'm going to fill this fun seat that I'm sitting in until the end of the year. So, I'm happy to do it if you guys would like me to. If someone else wants to do it, too, I'm happy with that as well, so -- McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: I move that you be chair for the remainder of our year. Holland: I will second. Seal: I will third. Fitzgerald: I have a motion and a second, because I get to sit in this chair for longer -- for the rest of the year at least. All those in favor -- without any questions or comments, all in favor say aye. Opposed same. Thank you. Appreciate it. MOTION CARRIED: ALL AYES. Seal: I will ask I guess a quick question. Fitzgerald: Yes, sir. Seal: Who becomes the vice? Fitzgerald: That's the next one. We have to add that. So, we need to add a person that can step in for me, so -- McCarvel: Who would like to be in the -- Mr. Chair? Fitzgerald: Madam -- or former Madam Chair. Commissioner McCarvel. McCarvel: With that being said, if she's in that chair she doesn't make motions. Seal: Understood. McCarvel: Okay. Mr. Chair, I would like to nominate Lisa Holland to be vice chair. Meridian City Council Meeting Agenda December 5, 2019 – Page 10 of 58 Meridian Planning & Zoning Commission November 21, 2019 Page 8 of 8 Fitzgerald: Was that a motion? McCarvel: Yeah. I move. Fitzgerald: I have a motion -- Seal: Second. Fitzgerald: -- that Commissioner Holland remains the vice chair -- or, no, become the vice chair. All those in favor say aye. Opposed same. Thanks, ma'am. MOTION CARRIED: ALL AYES. Fitzgerald: I need one more motion, please. Olsen: Mr. Chairman? Fitzgerald: Commissioner Olsen. Olsen: I move we adjourn the meeting. Fitzgerald: I have a motion to adjourn. Do I have a second? Seal: Second. Fitzgerald: Motion and second to adjourn. All those in favor say aye. Opposed same. Yea, we are adjourned. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED .,.,�, - —d1AA–M AN DATEAPPROVED ATTEST:/ , 2114 Pdrier eG,r►�,u Gex1c.