2020-01-02Meridian Planning and Zoning Meeting January 2, 2020.
Meeting of the Meridian Planning and Zoning Commission of January 2, 2020, 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 Reid Olsen.
Others Present: Adrienne Weatherly, Andrea Pogue, Sonya Allen 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
______ Vacant
Fitzgerald: Good evening, ladies and gentlemen. At this time I would like to call to order
the regularly scheduled meeting of the Meridian Planning and Zoning meeting for the date
of January 2nd and let's start with roll call.
Item 2: Adoption of Agenda
Fitzgerald: Thank you, ma'am. First item on the agenda is the adoption of the agenda.
We don't have any changes to the agenda, so -- so can I get a motion to adopt the agenda
as presented.
Cassinelli: So moved.
Milam: Second.
Fitzgerald: I have a motion and a second to adopt the agenda as presented. All those in
favor say aye. Opposed same. Motion passes. Thank you.
MOTION CARRIED: ALL AYES.
Item 3: Consent Agenda [Action Item]
A. Approve Minutes of December 19, 2019 Planning and Zoning
Commission Meeting
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B. Findings of Fact, Conclusions of Law for Magical Minds Daycare
(H-2019-0119) by Richard and Karena Gardner, Located at 2571
E. Taormina Dr.
C. Findings of Fact, Conclusions of Law for Off the Field (H-2019-
0112) by Off the Field, LLC, Located at 2204 E. Lanark St.
Fitzgerald: Next item on the agenda is the Consent Agenda and we have three items on
the Consent Agenda. The approval of minutes for December 19th, 2019, Planning and
Zoning Commission meeting. The Findings of Facts and Conclusions of Law for Magical
Minds Daycare, H-2019-0119, and the Findings of Fact and Conclusions of Law for Off-
The-Field, H-2019-0112. Would anyone like any of those removed from a Consent
Agenda? If not, can I get a motion to approve the Consent Agenda?
Seal: So moved.
McCarvel: Second.
Fitzgerald: That was quick. I have a motion and a second to approve the Consent
Agenda. All those in favor say aye. Opposed same? Motion passes. Thank you.
MOTION CARRIED: ALL AYES.
Fitzgerald: At this time I would like to explain the public hearing process that we go
through 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 the approval of their application and respond to any staff comments. The
applicant will have 15 minutes to do so and, then, after the applicant has finished we will
open the floor to public testimony. Hopefully as we talked about it, there is an iPad in the
back. If you haven't signed up, please, do so if you would like to testify for an application
this evening. We have two applications that kind -- or surround large areas. Is there
anyone here representing an HOA this evening? No? Okay. So, we will skip over that.
After all testimony has been heard the applicant will be given another ten minutes to have
an opportunity to respond to any public testimony or questions and, then, close the
discussion. At that time we will close the public hearing and the Commissioners will have
a chance to deliberate and hopefully make a recommendation to City Council on -- on the
application presented to us.
Item 4: Action Items
A. Public Hearing for Sky Mesa Highlands (H-2019-0123) by HHS
Construction, LLC, Located at the NW corner of S. Eagle Rd. and
E. Lake Hazel Rd.
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1. Request: Annexation of 31.96 acres of land with an R-4
zoning district; and
2. Request: Preliminary plat consisting of 75 building lots, 11
common lots and 2 other lots on 30.6 acres of land in the
proposed R-4 zoning district.
Fitzgerald: So, with that let's open the public hearing for Sky Mesa Highlands, file number
H-2019-0123, and we will start with Sonya and the staff report.
Allen: Thank you, Mr. Chairman, Members of the Commission. The first application for
you tonight is a request for annexation and zoning and a preliminary plat. This site
consists of 30.6 acres of land. It's zoned to RUT in Ada county and is located at the
northwest corner of South Eagle Road and East Lake Hazel Road. Adjacent land use
and zoning. To the west are single family residential homes zoned R-4. To the north is
single family residential in the development process. Sky Mesa Subdivision, zoned R-8
and another parcel zoned RUT in Ada county. To the east is Eagle Road and single
family residential properties zoned R-4 and R-15. And to the south is rural residential
properties zoned RUT in Ada county. The Comprehensive Plan future land use map
designation for this property is low density residential, which calls for three or fewer units
per acre. The applicant is requesting annexation and zoning of 31 .96 acres of land with
an R-4 zoning district for the development of 74 new single family residential detached
homes at a gross density of 2.45 units per acre, which is consistent with the low density
residential future land use map designation. There is an existing home and accessory
structure on this site. The home is proposed to remain on a lot in the proposed subdivision
and that is -- if you can see my pointer here, it's this lot right here. The preliminary plat is
proposed as shown consisting of 75 building lots, 11 common lots, and two other lots on
30.6 acres of land. Originally the plat was planned to develop in one phase, but it's now
proposed to develop in two phases as shown on the plan there on the right. The average
lot size in the development is 11,000 square feet, with a minimum lot size of 8,000 square
feet. Access is proposed via the extension of stub streets to the north in Sky Mesa
Subdivision. Via East Taconic Drive from Eagle Road. Emergency access only is
proposed via Eagle Road and that's in the location noted here. The existing home is
seeking a waiver to UDC 11-3A-3A3 from City Council for their access driveway via Eagle
Road to remain until such time as the property redevelops . At such time access would
be taken internally from within the subdivision and the access would be closed. The UDC
does require new uses to take access from internally within the subdivision , so that's the
reason for the request for the waiver. Detached sidewalks are proposed along all internal
streets and along Eagle and Lake Hazel roads. Staff recommends the sidewalk is
extended across the frontage of the lot adjacent to Eagle Road where the existing home
was proposed to remain. A 25 foot wide landscape street buffer is required along Eagle
and Lake Hazel roads. Staff is recommending the buffer is extended across the frontage
of the lot adjacent to Eagle in a common lot where the existing home is proposed to
remain, except for the area where the driveway is located if Council approves the waiver
for their driveway to remain. A minimum of ten percent qualified open space and site
amenities and one site amenity is required to be provided within this development. A total
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of 6.55 acres or 21 percent of qualified open space, consisting of half the street buffer
along Eagle and Lake Hazel roads, eight foot wide parkways along internal streets and
common areas over 50 feet by 100 feet in area are proposed in excess of UDC standards.
A large part of the common area includes two areas with significant slo pes that are
proposed to be landscaped in accord with UDC standards to count toward the qualified
open space standards and that is these light green areas here and here along the
southern boundary. A 675 foot long pedestrian pathway is depicted on the landscape
plan through the common area on Lot 14, Block 3, and that is this area right here.
Because it does not connect to an existing or planned pedestrian or bicycle route outside
the development as designated on the pathways master plan, it does not count as a
qualified site amenity. Therefore, the applicant is now proposing to not provide a pathway
in this area. Because no other qualified site amenities are proposed and because removal
of the pathway will essentially make the common area unusable, staff is not in favor of
removal of this pathway. The development is proposed to be included in the Sky Mesa
homeowners association and is going to be granted access to all amenities in that
development, consisting of two swimming pools and clubhouses, sports fields, consisting
of a ball field, basketball court, walking path, playground structure, and a swing set. The
distance to these amenities range from 950 to 2,400 feet away from the northwest corner
of this development. Because this will, essentially, be another phase of Sky Mesa and
amenities were provided above the minimum standards for that development , staff is
amenable to the applicant's request, provided that pathway is still provided within that
linear common open area. The Grimmett Lateral runs along the west and north
boundaries of this site within a 30 foot wide irrigation easement that is proposed to remain
open on the west side and be piped along the north side . Along the west boundary this
easement lies approximately 17 feet off the property line, resulting in approximately a 47
foot wide encroachment and building setback for the affected lots. So , you can see that
area and see my pointer here clear along this boundary here. Fencing is proposed along
the east side of the easement line within building lots, resulting in a very large area that
will be unusable for homeowners of these lots that they will have to pay taxes on,
although it may provide an amenity of sorts with the wildlife. And this is just a side note .
When the East Ridge Estates Subdivision directly to the west was approved on the
adjacent property in 2017, Council did approve a waiver for the easement to be located
within adjacent building lots on that side . So, just a side note, but -- the UDC 11-3A-6E
requires irrigation easements wider than ten feet to be included in a common lot that is a
minimum of 20 feet wide and outside of a fenced area , unless modified by City Council at
a public hearing. The applicant is requesting approval of a waiver to th is requirement to
allow the easement to be located within adjacent building lots. If Council does not
approve the waiver, the easement should be placed in common lots. UDC 11 -3A-6B
requires all laterals to be piped, unless used as a water amenity or linear open space as
defined in UDC 11-1A-1. The applicant is requesting Council approval of a waiver to this
requirement to leave the Grimmett Lateral open. Council may grant a waiver if it finds the
public purpose requiring such will not be served and public safety can be preserved. If
Council does not approve the requested waiver the lateral should be piped. Conceptual
building elevations were submitted as shown that demonstrate the architecture and
building materials for single and two story structures proposed within development that
include a mix of materials and colors with stone veneer wainscot. Because all of the
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proposed units are detached they are not subject to designer view. Written testimony has
been received on this application from Rick Thurber. He is a property owner that abuts
the southwest corner of their proposed development. He is requesting the proposed
irrigation system, which will replace the current one, has at least 60 psi to operate his
sprinkler system, instead of the 52 psi proposed. And he also request homes constructed
on lots directly north of his property be restricted to a single story in height , so as not to
obstruct his views and similarly trees that are planted be of a variety they won't grow tall
to obstruct his views. Todd Tucker, the applicant, also provided a response to the staff
report and I will just let the applicant cover that in his presentation. Staff is recommending
approval with a requirement of a development agreement per the staff report. Staff will
stand for any questions.
Fitzgerald: Thanks, Sonya. Any questions for staff?
Cassinelli: Mr. Chair?
Fitzgerald: Commissioner Cassinelli.
Cassinelli: Sonya, can you kind of clarify those lots on the west side and that easement
-- I'm -- I guess that's the -- yeah, the -- those -- there you go. Those lots. Can you cover
that again how that -- how that will affect those lots that -- you mentioned they are going
to be unusable for the homeowners, but yet they are on their lot, so they will be -- they
will be taxed on that. Can you just clear all that up for me , please? Or expound on it I
should say.
Allen: Well, as I stated, they -- the code requires this area to be located in a common lot,
unless Council waives it. The applicant is requesting a waiver, although the applicant did
I believe say in their response that they were amenable to placing it in a common lot now,
but I -- I'm -- I'm not sure how that leaves their buildable area for their lot. So, I would
rather them speak to that. But, yeah, it creates a 47 foot, approximate, encroachment
within -- within those building lots, just as I said. I'm not sure if there is any other
clarification that I'm not addressing.
Cassinelli: If it -- and with that if it becomes a common lot what -- how does that impact
the lot sizes that --
Allen: It will exclude that area.
Cassinelli: Correct. But will they be -- will they -- will they still meet the minimum lot
sizes?
Allen: They will be required to. I haven't done the calculations. I assume they will, but I
haven't done the calcs.
Cassinelli: Okay. What I --
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Allen: If they don't they will have to make revisions to the lots to comply.
Fitzgerald: I think the history of this neighborhood is they are -- if they are fenced off they
become like tumbleweed entrapments and they aren't well taken care of and so that if
they are not in a common lot it allows the people to still take care of them, so they don't
fall into disrepair, because I think that was -- some of these had that problem in the past
and that they became giant tumbleweed traps and they just sat there and vegetation grew
and it was a fire hazard and so I think that was why the Council gave them a waiver in
the past. But Sonya can probably clarify that further. But I think there is -- there is some
that have them and some that are fenced off with -- with a common lot behind them and
I don't think the common lot works that well.
Allen: Chairman, the applicant was also considering improving it as a water amenity and
placing it in a common lot, would be the ideal situation. Then it would be maintained
better. But there are parameters in our code that have certain requirements for the water
amenity so far as slopes and depth and -- and all that. So, that is something the applicant
can speak to a little further, too.
Fitzgerald: So, is there alternative compliance that can go in this --
Allen: It's just a Council waiver.
Fitzgerald: Okay.
Seal: Mr. Chair?
Fitzgerald: Commissioner Seal.
Seal: A following onto that. So, if it's covered, then, if -- if that is covered, then,
essentially, the fencing is not required or anything, it just becomes grass or a backyard;
is that correct? Or is it still something that has to be fenced off and maintained?
Allen: Height -- if the irrigation -- if the easement holder will allow grass that is a possibility,
yes. However, there still is an easement, I believe, that will exist there. So, I'm not sure
what that will entail.
Fitzgerald: Commissioner Holland.
Holland; Mr. Chair. Sonya, the -- the lot that's remaining on Eagle Road, how large is
that parcel?
Allen: The applicant can probably speak to that . I don't have a full size plat here to tell
you. I'm sorry.
Holland: That's okay. We can ask when the applicant comes up. Thank you.
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Fitzgerald: Sonya, do you -- in the phasing -- I could probably ask the applicant this, too,
but was there a discussion with fire department on secondary access and where that's
going to take place for the phasing?
Allen: Yes, Chairman, Commissioners, the -- the fire department did include in their
conditions that they would have to provide a secondary emergency access that's
approvable by the fire department for anything over the -- I believe it 30 homes.
Fitzgerald: Yeah.
Allen: So, this is where the emergency access is. It's in second phase. If they do phase
the development, then, they will have to construct that access.
Fitzgerald: Okay. Thank you. Any additional questions for staff? Not at this time at least.
Would the applicant like to come forward. Mr. Tucker, would you like to come join us, sir.
Tucker: Sonya, can I control it from here or do you run it?
Allen: You control it.
Tucker: Okay. Is this supposed to be on?
Allen: Yeah. Is it not on?
Tucker: No.
Allen: Oh, I'm sorry. Try to get that on for you. Give us just a minute.
Fitzgerald: Todd, we will start your ten minutes now and --
Tucker: I think I would still be well under the time, so -- it's not on. I tried to -- I turned it
on I thought and it said no signal and, then, it went back to dark. So, I didn't know if there
is an underlying computer and this is just a monitor -- I don't know.
Fitzgerald: We were having computer challenges when we walked in and they had to be
restarted, so I think we are -- we forgot that one. So, if you will give us a moment, then,
we will --
Allen: And IT help is in the building. He's headed this way.
Fitzgerald: Do you want to control it -- or do you need to be able to see it?
Allen: I think you can see it --
Tucker: I can't see anything.
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Fitzgerald: I know, but do you want to -- can you control it if he is -- or do you need to be
able to see it?
Tucker: I don't necessarily -- I can start and probably not necessarily need to see some
of it.
Fitzgerald: Sonya, can he sit by you and talk through the presentation, so he can see it
and use Bill's microphone?
Allen: Yes, you can.
Fitzgerald: So, Sonya will hang you out here all night. Todd, thanks. It brings back old
memories. You will have PTSD, man.
Tucker: I'm flexible, so this works. Well, good evening, Chairman and Members of the
Commission. My name is Todd Tucker. I represent the developer of this property and
my business address is 729 South Bridgeway Place, Eagle, Idaho. 83616. We are
pleased to present these applications to the Commission tonight and we just wanted to
thank the staff, specifically Sonya, and all of her hard work on this. We know they are
very understaffed at this time and so we are really appreciative of the work that we are
going to -- you know, working on this application. As Sonya noted, we are requesting
annexation with the zoning of R-4 and there is an associated preliminary plat with a
residential subdivision of 75 single family detached lots. Sonya did a good job of covering
the annexation and the rezone request. So, I will just skip to the preliminary plat and
some of the items that we wanted to discuss regarding some of the conditions of approval.
The image -- this image shows how the proposed subdivision will fit in with the
surrounding development. The total size of the subdivision is 30 -- a little bit over 30
acres. There will be 75 residential lots. One of those is currently improved with a single
family home and some accessory buildings and there are 13 common lots with
approximately six and a half acres of qualified open space , which is approximately 21
percent of the -- of the project and the average lot size is 11,000 square feet. Here is a
few examples of the types of homes that we will be constructing within -- within the
subdivision. As you can see from this map, the Sky Mesa Highlands -- I guess I should
go back. The -- the out parcel -- or the lot that's located on Eagle Road, it's approximately
an acre in size. Answer that question from earlier. As you can see from this map , the
Sky Mesa Highlands Subdivision is outlined in red. The other phases of the Sky Mesa
project are outlined in blue and those phases have already been approved and are mostly
developed at this time. The two parcels highlighted in the yellow are the large community
amenities that have already been constructed . Since the Sky Mesa Highlands
Subdivision is another phase of the overall Sky Mesa project, residents within Sky Mesa
Highlands will have full access to all of the amenities located within the Sky Mesa Project.
Those amenities consist of two swimming pools, with clubhouses, playground equipment,
open fields that can be used for playing soccer or football or playing catch. Baseball.
There is a basketball court -- full court basketball court and a swing set. As you can see
from the -- the pictures on the slide, in the upper left and bottom right-hand corners those
are the swimming pools that are -- that are existing. In the upper right is a -- is a
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playground and, then, the bottom left is -- is an aerial shot of our new community center
that was just constructed not too long ago that has a pool , the ball fields, soccer,
basketball courts and, then, swing sets. I -- I provided a -- Monday a letter -- this Monday
-- with comments on the staff report, specifically four items related to some of the
conditions of approval. This exist -- the existing access onto Eagle Road, the pedestrian
pathway, the phasing plan and the Grimmett Lateral and I will go through each of those
at this time. The first item is the requirement to remove the existing access to Eagle Road
for Lot 29, Block 1. This is an existing parcel of land that is improved with the home and
a few accessory buildings. The Ada County Assessor's Office records show that these
-- some of these structures were initially constructed in 1910. There are no changes
proposed with the property at this time and the owner of the property ne eds to keep the
existing access to Eagle Road for the functionality of the property. The photos on the left
show what the property looks like from the street and the image on the right is an aerial
photo. Again, as Sonya noted, we do we have some conditions of approval that require
extending the landscape buffer along Eagle Road in front of this parcel, as well as the
sidewalk and we are amenable to do that, we would just like to leave the access open so
that this property can still have access onto Eagle Road until such time as it redevelops
and, then, we understand that that -- that access would come from internal to the
subdivision. I do have Travis Hunter here with me tonight also and he has a few
comments also to address, the -- that -- the need or the desire to keep that access open
onto -- onto Eagle Road. So, I will turn over just a few minutes to Travis.
Fitzgerald: And is that working now? I think he gave us the thumbs up and it -- yeah.
Mr. Hunter, so sorry to -- you guys are both -- we appreciate your patience.
Hunter: Yeah. Good evening, Chair and Commissioners. This parcel that you guys see
on the screen, it's located on the eastern boundary of the property. It's owned by Don
and Lori Cantrell. They are the sellers of the 29 acres that we are purchasing to develop
this plat. This property has been used as a residence for the last several decades and
it's -- historically and currently the main access is off of Eagle Road. When we -- when
we actually originally submitted this application for the project, we did not include this
residence in our application as we were not purchasing it, nor developing it. However, in
the process staff informed us that we -- we did need to include it in the application -- I
believe because it's owned by the same party who is selling us the land to develop it. So,
when we -- when we informed Mr. and Mrs. Cantrell that we must include the separate
parcel, they became fairly concerned that this residence would lose access to Eagle Road
-- so much so, in fact, that we actually included it in the purchase and sale agreement as
a contingency, you know, where if it did lose access to Eagle Road, you know, the whole
thing could be unwound. So, at this time we consulted Kevin Holmes on staff -- I don't
believe he's still with you guys -- but he told us that this should be an issue we can work
through. However, it's ultimately up to Planning and Zoning and the -- and the City
Council members. So, you know, as we have already -- already stated, we have -- we
have designed our plat to where this parcel will have direct access from our neighborhood,
so in the event when -- you know, when the property is subdivided or developed in the
future, it can access directly through our neighborhood and the main access off of Eagle
Road will be discontinued. So, yeah, just -- we just wanted to respectfully ask that -- you
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know, as -- because it's only one family that's living in there and they have historically
used it, that we could just allow them to remain -- for that access to remain off Eagle Road
until future use. So, just a little bit of background. Thank you.
Fitzgerald: Thank you.
Tucker: All right. The next item I would like to discuss is the pedestrian pathway located
along or within Lot 14, Block 3, of the subdivision. We originally proposed this pathway
to be located within this common area, because we thought we needed it as an amenity
for -- for the -- the subdivision. However, after examination of the staff report that stated
that it was not required, because it doesn't connect to any -- anything on the pathways
master plan and, therefore, it does not count towards our qualified -- qualified amenity,
we also feel that the pathway -- well, the pathway is located approximately five feet from
the rear yards of those homes that you -- that are directly to the north of it. Because this
is a common open space lot the rear yard -- fences for these lots must be open vision
and having a pathway that close to a home's rear yard with an open vision fence does
not provide those residents with very much privacy in our opinion. If you will look to the
-- the photo on the left, that illustrates our point. The manhole you see is approximately
five feet from the fence. So, if there was a pathway running where that -- that manhole is
to the -- to the north, that's how close pedestrians would be to the backyards of these
homes with no -- with no solid fences back there. As such we were just proposing to
remove the pathway. This would still remain as a common lot and open space, we are
just proposing to remove the -- the actual pathway. When we originally submitted the
application we had not planned on developing the subdivision in phases. However, after
more consideration we decided that it would be best if we broke it into two separate
phases. On the screen is our proposed phasing plan and we understand that we will
have to provide secondary access until such time as phase -- sorry -- phase B is platted
and we feel we have a couple of different options that would fully comply with the fire
department's requirements and -- and we are fine with doing that. We would work with
the fire department and make sure that we provide them with the secondary access that
they need to comply with the fire code. Our last issue is with the requirement to pipe the
Grimmett Lateral as it runs along the western boundary of the subdivision . We are
requesting to leave this portion of the lateral open. We feel it will be a nice amenity to the
homes that abut it. As was discussed earlier, you had some questions about what would
that do to the -- to those lots if it was placed in a common lot. You know, after -- after
looking -- reading the staff report, I think we are amenable to putting it in a common lot
and we designed it in such a way that even if it was put in a common lot it wouldn't
negatively affect these lots. These lots to that -- to that easement line, it's 127 feet deep.
So, even -- that's without the additional 47 feet within the easement . So, these lots are
exceptionally deep. If it is put within a common lot they would still be 127 feet deep lots
and we would have to fence it. We have discussed that with the irrigation company and
even if it is -- even if it is piped and landscaped we would still have to put a fence there
and so -- so, that will be -- that will be fenced with a wrought iron fence. We just think it
would be a nice amenity to have kind of this babbling brook running behind their lots.
Also for -- you know, you could sit out on the backyard and listen to the water and -- and
look at it. The image on the left shows what the -- what the -- the lateral looks like at this
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point without any water in it. You can see it's -- it's fairly shallow and -- and it would not
-- we don't believe it would provide a hazard or a safety concern. It will be fenced and
there -- there will not be gates allowed in those rear yards to access the property. They
would just be able to enjoy the view back there. So, we feel it would be safe. In summary,
we are in agreement with the staff report, with the exception of a few conditions of
approval. We understand that City Council will have the final decision on these issues,
but we respectfully request that the Commission recommend these conditions of approval
be either modified as shown on the screen or deleted and we -- we thank you for your
time and -- and I can -- I can stand for any questions that you might have.
Fitzgerald: Thank you, Mr. Tucker. Any questions for the applicant?
Olsen: Yes.
Fitzgerald: Commissioner Olsen.
Olsen: Yes. On the -- on the existing property or the home that's going to remain , the --
the existing structure that's already there and the easement -- or, excuse me, the access
to Eagle Road, is there some -- do you -- do you -- what kind of -- what kind of an
agreement do you have with the homeowner that at the time that they no longer need the
property or use the property it will come into your control?
Tucker: Mr. Chairman, Commissioner Olsen, to my knowledge we don't have any
agreement with them right now. I can -- let me check with our ownership real quick. We
have no relation to that -- that parcel at all. So, there is enough -- we don't have any
agreement with the current owner of the property that at such time that they wish to
redevelop it or -- or sell it that we have the right to purchase it --
Olsen: And access could stay there?
Tucker: No. The access -- we are recommending a condition of approval that states that
at such time that that property redevelops the access would have to come from -- internal
from the development. We are just requesting that it remain open at this time. The current
owner of the property, they are the ones selling us the property that we are developing,
but we are not purchasing this property and so they would wish to have that access
remain open onto Eagle Road. What we are proposing is to allow us to leave that access
open at this time, but at such time that it does redevelop , whether it be us or another
developer, that -- that access would be provided internally from our subdivision and we
have -- we have submitted an exhibit to show how that would happen , extending that
common driveway from the north to the south. But at the time that it's redeveloped, then,
the access would be closed onto Eagle Road. We are just requesting that it remain open
at this time.
Olsen: Okay. Thank you.
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Fitzgerald: Additional questions? Commissioner McCarvel. I see your finger on the
button.
McCarvel: Just -- do you have that -- do you have a picture of what that could look like
with that access to the -- where that will be? The remaining acre.
Tucker: Let me go -- let me see if I can --
McCarvel: I'm assuming it would be through that common lot, but --
Tucker: Mr. Chairman, Commissioner McCarvel, we submitted an exhibit to the Planning
staff, but I didn't include it in our presentation, but you are correct. If you can -- let's see.
Does my mouse work? Yeah. So, this common driveway would be extended to the south
and would terminate here and, then, it would provide bollards, because the fire -- it's too
long for the fire department, so we would have to extend it -- carry it out to connect to the
public roadway. So, at that point it would terminate and, then, it would just be an
emergency vehicle access connecting out with bollards. So, the -- the common driveway
would extend from the north to the south over that -- over that property to provide vehicle
access and we are not sure if it would be subdivided into two lots or just remain as one
lot -- one larger lot that someone may want to redevelop. But if it is redeveloped, then,
the access would come internally from that -- that existing common drive to the north.
Fitzgerald: Commissioner Cassinelli.
Cassinelli: Potentially that could be subdivided into three lots. Is that -- so, now you're
looking at -- is that coming off that common lot, that shared driveway --
Tucker: Mr. Chairman, Commissioner Cassinelli, yes, it could be three lots based on the
zoning. However, it's -- it's not quite wide enough. All of the lots within the subdivision
are 65 feet wide. That lot is not wide enough to put three 65 foot wide lots in there. They
would have to be a little bit narrower than that. But I believe -- we can check with Sonya,
but I believe the Unified Development Code does allow up to six lots to take access from
a common driveway and the fire department -- we ran this by the fire department and they
were amenable to this as long as we continue to provide access through -- access through
that common lot to the south out to the street. So, like I said, we would terminate the
common driveway with bollards and, then, it would be -- have emergency vehicle access
that would connect down to the street, so that they could -- they could get their vehicles
through.
Cassinelli: So, the fire department was in agreement with you on that?
Tucker: Mr. Chairman, Commissioner Cassinelli, that was correct.
Cassinelli: Okay.
Fitzgerald: Commissioner Holland.
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Holland: Mr. Chairman. One question. Would you clarify for us again what your
proposition is for the Grimmett Lateral? That you would be okay with it being a common
lot there or do you prefer it stay within those buildable lots?
Tucker: Mr. Chairman, Commissioner Holland, at this -- we did request when we
submitted the application that it could be a common -- or, sorry, that it -- to be an easement
included in the rear yards of that. After reading the staff report, though, I think we are
amenable to putting it in -- in a common lot. That's not our main concern. Our main
desire is to be able to leave it open, whether it's in a -- in the lots or in an easement at
this point is -- is not that important to us. It's mainly the -- the main importance is that we
be allowed to keep it open.
Holland: Thank you for clarifying.
Fitzgerald: Tom, in regards to the pathway that's on the screen right now -- so, I -- I'm
pretty sure there is an easement that goes across here, so you can't move that thing to
the south; correct? Move the pathway further to the south.
Tucker: Mr. Chairman, there is a -- there is a slope that runs to the south. So, that's a
fairly steep slope that's coming down and -- and we put it in the flat area. That's why it's
-- where it's located where it is is to have a flat area at the rear of those -- of those lots
and so moving the pathway would be difficult, because it would be in the side of a slope.
Fitzgerald: Okay. Any additional questions?
Allen: Mr. Chairman, excuse me if I may. I put a copy of the applicant's concept plan
they submitted on the screen for you. That shows how that property could possibly
redevelop in the future with two building lots and the -- and the common driveway and
that was approved by the fire department.
McCarvel: Thank you, Sonya. I thought I had remembered seeing that.
Allen: It is in the staff report.
McCarvel: Yeah.
Fitzgerald: Additional questions for the applicant? Thank you, sir.
Allen: Mr. Chair?
Fitzgerald: Oh.
Allen: Additionally, if I may clarify something the applicant said. The UDC does not
require open vision fencing adjacent to pathways. They could do a four foot closed vision
fence or they could do a four foot closed vision with two foot open vision, like lattice on
top. So, there are other options than just the open vision fencing.
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Fitzgerald: Right.
Allen: Thank you.
Fitzgerald: Okay. Thank you very much. Madam Clerk.
Weatherly: Mr. Chair, three people have signed in tonight, two of which wish to testify.
Sherrie Ewing being the first.
Fitzgerald: Good evening, ma'am. How are you? Please state your name and your
address for the record, please.
Ewing: Good evening, Commissioners. I am Sherrie Ewing and I live at 2934 East Lake
Hazel Road. I am in the Diamond Ridge Subdivision, which is on the south side of the
proposed development here. And when we were first approached with this we were told
that all of the houses would be built with the rooftop no higher than our ground level.
That's what we were told by the owner. And then -- so, he said he was not going to sell
unless that was in part of the agreement, so when Todd Tucker came to our neighborhood
meeting at my house we asked him about this and he said that he would respond back
with a letter, but that one point was not ever addressed. So , we would like to see if this
is part of the proposal or if the -- my neighbor, the seller, decided -- or it was changed,
because I know he's going to be very upset if that's the case. So, that's point number
one. Also I would like to know -- after the sale of this land who is going to maintain our
irrigation that comes into our subdivision? This was also a point that we needed
addressed when Mr. Tucker was at our house and that also did not get spoken to.
Because if there is a snake in the pipe, which happens often, and the water system goes
down, we are hosed. We need somebody to fix the pump and -- and get it on and off and
somebody to call. So, we just wonder what that's going to be. The other question that I
have is from our house there is an elevation change, which is on the south side of the
development. It's a hill. And they said that they were going to landscape it. Well , I'm
wondering what this landscaping is going to look like. If it's a bunch of trees I'm going to
be really upset. And if it's low life bushes or whatever or how is it going to get mowed?
How is the weeds going to be controlled? I have lots of questions on that -- that
landscaping. Currently our irrigation system , as Mr. Patel sent a letter into the
Commissioners, is 60 psi and that's going to be proposed at 52 psi, which is not going to
keep his sprinklers running, the kind of sprinklers he has. So, he asked me to talk about
that. The other question that I have is how many feet is it from our back fence line to the
road that is proposed right below the hill from us. I know that on -- I know that on the map
that I got it said that one inch was from here to here, but it -- I didn't see anything that said
how far one inch was on the -- so, I don't know what that is.
Fitzgerald: And, ma'am, can you finish up your comments and, then, we will try to get
your questions answered.
Ewing: I think I'm finished.
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Fitzgerald: Thank you so much. We appreciate it.
Weatherly: Mr. Chair, I apologize, I just realized that the second person signed into testify
is Todd Tucker, so --
Fitzgerald: Is there anyone else who would like to testify on this application in the
audience? Going once? Going twice.? Mr. Tucker, would you like to come back up and
answer some of those questions? And I was very remiss. I should have asked you about
the 60 psi question as well. That's in our public testimony, so --
Tucker: Mr. Chairman, no problem. I think I can answer these. So, I will just kind of go
through them chronologically as she addressed them. The issue with the roof height , we
do have an agreement in our purchase and sale agreement that the homes along that
stretch of the street there have to be -- the height of those homes, the roofs have to be at
least five feet below the ground elevation of Mr. Cantrell's property. So , that will be a
scenic easement that is recorded that -- that protects those -- protects those views. So,
the height of those -- those homes have to be at least five feet below the floor -- or the
ground elevation of Mr. Cantrell's lot, which is roughly the same height as the other lots
adjacent to him to the east and to the west. The landscaping that will be provided in that
area will be a dry land seed mix. It will be -- we do -- per the -- per the code, the UDC,
we will have to provide some trees. We will be planting those trees at the base -- or at
the bottom of the slope, any trees that have to be provided for that to count as qualified
open space. We will plant those at the bottom of the slope , not at the top, so it -- as to
also keep that -- keep that view -- those views open. That will be probably worked into
that scenic -- scenic view easement as well. As far as the -- the psi for Mr. Patel's
property, we -- we can accommodate that. We can -- we will do whatever we need to, do
whether it is, put in a bigger pump or a booster pump, but we will accommodate -- do our
best to accommodate that 60 psi to provide what he currently has at his property and,
then, as far as the distance from the back of those homes on Lake Hazel to the street, it's
-- it's roughly 60 feet to the -- to the street that's closest to them and, then, it's a 50 foot
wide right of way. So, it would be 110 feet to the homes. But the easement itself -- or
the slope itself is 60 feet.
Fitzgerald: Ditch maintenance. Did you guys -- do have the -- is that the HOA that's
managing --
Tucker: The HOA will manage that. That's correct.
Fitzgerald: Do you want to finish -- do you -- close up any other comments before we ask
any other additional questions we have?
Tucker: I don't think so. Again, you know, our -- our main -- our main issues, our main
requests, are for modification of those conditions of approval. Mainly the biggest one is
that we can -- you know, we are requesting that -- that this body modify that -- that commit
-- recommended condition of approval that says that we can keep -- keep access open
onto Eagle Road for that existing lot until such time as that property redevelops and, then,
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we take it -- we will change the access, so that it comes from internal to the subdivision
and, then, that will be allowed to keep the Grimmett Lateral open.
Fitzgerald: Any additional questions for the applicant? Commissioner Cassinelli.
Cassinelli: The -- the trees that you will plant there -- I mean will you be in agreement to
provide -- or to put in trees that are -- you know, I guess low growth -- I'm not an arborist,
but sort of a low growth tree that --
Tucker: Yeah. Mr. Chairman, Commissioner Cassinelli, we will comply with whatever
the code requires. I'm not a hundred percent sure on Meridian's landscaping code. We
do have to provide trees. I don't know if it specifically calls out what class of tree we have
to provide. If it doesn't, then, we will provide trees that will not grow up a certain height
and block -- and block their views.
Cassinelli: Thank you.
Fitzgerald: Commissioner Holland, did you have a question, ma'am?
Holland: I did, but I'm forgetting what I was going to ask.
Fitzgerald: Todd -- while you're -- so, I lived in a neighborhood that had a -- a pretty big
common lot walk through with a pathway on it and I thought it was a good place for, you
know, kind of a ride through the neighborhood. Is there -- because there is not an amenity
specific package, because there are -- you have an overabundance of them in Sky Mesa,
one and two, would you be amenable to keeping that pathway? Because I think having
that it gives the -- the interconnectivity. I just -- I think it would be a negative to lose it.
So, thoughts? Because I think there is a balance there. We are not asking you to put
additional amenity packages in this application per se, but I think having that -- that
pathway is a good thing. So, any thoughts?
Tucker: Mr. Chairman, my initial thought is that we would probably be amenable to putting
the pathway in if we could get some sort of waiver or variance for the -- the fence that's
along it. You know, I mentioned that it needs to be a clear vision fence. It doesn't. It can
be a solid fence if it's only four feet tall. That still doesn't do very much for privacy in the
backyards of those homes. So, I know that -- that, you know, Meridian city -- and we think
it's wise to follow, you know, those ideals behind crime prevention through environmental
design that -- that there be eyes on the street, that there be people to view and look into
those areas. We are just -- just our concern is that, you know, protecting the privacy of
our homeowners in there and so I think if this board or commission would be amenable
to granting a waiver or a variance to allowing us to put a six foot solid fence back there, I
think we would feel much more comfortable with having the pathway that close to the rear
yards.
Fitzgerald: Commissioner Holland, now you have your question?
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Holland: I do. Mr. Chair, I was -- I was wondering if you had a chance to talk to the
irrigation district at all about keeping it open versus piping it. Because we -- we had them
come and speak to us a few months back where they expressed some concerns about
keeping laterals open for safety. They didn't want to see kids, dogs, et cetera, floating in
them. So, I would love to hear your thoughts about how those conversations went, if you
have talked to them already.
Tucker: Sure. Mr. Chairman, Commissioner Holland, we have visited with them several
times and met with them on site. They are amenable to allowing it to remain open on that
stretch. The east-west portion of the lateral that runs along the northern boundary of our
subdivision, we -- they are requiring that we pipe that, but this portion that we are
requesting to remain open they are okay with us leaving that open for that small stretch
of land.
Holland: Thank you.
Fitzgerald: Commissioner Cassinelli.
Cassinelli: I -- Todd, there was a -- that path that's in there right now and what we are
looking at with the landscape plan doesn't show the lot numbers, but there are -- there is
two lots at the end of the cul-de-sac there. One of the -- it did show connectivity into the
cul-de-sac from that common area. As a part of that -- as a part of what you're asking us
to remove the pathway, does that also remove any connectivity or is there still a stretch
of common area that can be accessed from that large common strip to the cul-de-sac?
Tucker: Mr. Chairman, Commissioner Cassinelli, we are requesting that that -- that that
would be removed as well. If the pathway goes away then -- then that connection would
go away. If not, then, it would remain and I think we have a condition of approval that
states that we need to put that in a common lot, which makes sense. We just -- we didn't
show that, but -- yeah, our intention would be for -- for the access to go away. Mainly it's
the -- the -- the pathway -- I guess, you know, if we still provide an access to that area
that people could get back there if they wanted to -- I don't know that we have too much
heartburn over that, but our main concern is just encouraging people to walk along this
pathway directly, you know, five feet from people's backyards where they can see right in
-- right into the yards.
Cassinelli: And an additional question to that. Had you -- have you looked at -- I mean
you -- you are showing that this landscape plan has a pathway five feet from the -- from
the rear of the property. What about putting that down -- moving it out. I mean you don't
have to put it right there.
Tucker: Mr. Chairman, Commissioner Cassinelli, that -- yeah, that kind of goes back to
Commissioner Fitzgerald's question about moving that pathway. That's a fairly steep
slope that's coming down from the south to the north, so it would dramatically change our
grading plan on what we need to do on that slope area, because that is a -- a fairly steep
slope that's coming down at that point and so that's why we put it where we put it, is to try
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to minimize the amount of grading that we have to do and get it -- still get it in a flat -- flat
spot. So, moving it to the south would be -- would be fairly difficult and require quite a bit
of modification to our -- our grading plan.
Cassinelli: So, that common lot there is -- is really not a -- it's not a real usable area.
Tucker: Mr. Chairman, Commissioner Cassinelli, usable as far as running around and
playing in it, no. It would be -- it would be more for aesthetics and for preserving of kind
of natural open space within the development, instead of manicured open space. We do
-- to count it as open space we do have to -- to seed it and so we will provide -- you know,
we will -- it won't just be weeds, we do have to provide something -- landscaping in there,
but as far as usable, able to -- to run around and play in there, no.
Cassinelli: Okay. Thank you.
Fitzgerald: Any additional questions? Commissioner Seal, do you have a question, sir?
Seal: Just on the path and -- I'm a fan of having the path in there for, you know, the exact
same reason you said, having that connectivity to go through and I just -- I wonder -- after
looking at it why does the path not continue onto the road on the other side. I mean that's
-- to me it looks like you could have -- especially for kids and they are, you know, going
over to each other's houses or people are walking back and forth in the community, just
to have that interconnectivity in there would be -- to me it would be great.
Tucker: Mr. Chairman, Commissioner Seal, additionally we wanted that and we designed
it that way or -- or drew it up that way. It's just the slope. So, from -- from the street down
to where the -- the cul-de-sac ends is approximately a 17 foot drop in elevation and so
that's why we emptied it out into the cul-de-sac is because just making that grade up to
the street wasn't -- wasn't possible. We could put the trail there, it just wouldn't meet any
standards. We could put in, you know, stairs or something, but it just wouldn't meet any
standards. That's why we -- that's why we altered it and emptied it into the -- into that cul-
de-sac, instead of connecting it to the street. It's just a grade differential right there.
Seal: Okay.
Fitzgerald: Additional questions? Thank you very much.
Tucker: Thank you.
Fitzgerald: Appreciate it. Any additional questions for staff or thoughts before we get a
motion to close the public hearing?
Holland: Mr. Chair?
Fitzgerald: Commissioner Holland.
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Holland: I move we close the public hearing for Sky Mesa Highlands, H-2019-0123.
Seal: Second.
Cassinelli: Second.
Fitzgerald: I have a motion and a second to close the public hearing on H-2019-0123,
Sky Mesa Highlands. All those in favor say aye. Opposed same. Motion passes.
MOTION CARRIED: ALL AYES.
Fitzgerald: So, team --
Cassinelli: Mr. Chair?
Fitzgerald: Commissioner Cassinelli.
Cassinelli: I have a question for Sonya real quick. Can you confirm the -- that taking six
lots off a private drive is within the UDC?
Allen: Chairman, Commissioner Cassinelli, the maximum number of lots accessed off a
common driveway is six. Their common -- or their concept plan only shows two, though,
which would be five.
Cassinelli: But is -- I mean it -- given zoning the -- in an acre they could -- somebody
could come along and potentially put three in there, so it would -- that still would work.
Allen: Yes.
Cassinelli: Is that correct? Okay. Thank you.
McCarvel: Mr. Chair?
Fitzgerald: Commissioner McCarvel.
McCarvel: I know we have got a lot of different things on this to address as far as deleting
certain things or potentially not and I just want to make a comment on leaving that
irrigation ditch open. I managed the one in our HOA and it's got a pipe section and the
open section and that size it's much easier to maintain on the open section. It causes a
lot less problems. You can see it if you have got a problem . The minute you pipe it, then,
you have got to scope it every time there is a blockage and I -- that size I don't see posing
any real hazard for safety.
Fitzgerald: And those are Council waivers.
McCarvel: Yeah.
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Fitzgerald: Both those are Council waivers.
McCarvel: Yea. I just wanted to throw that out there. Yeah.
Holland: Mr. Chair?
Fitzgerald: Commissioner Holland.
Holland: I don't want to cut you off if you are still --
McCarvel: I'm good.
Holland: I was going to say I think I agree. I'm not too concerned about keeping the water
open, especially if the irrigation district is okay with it. I don't see a big concern there. I
do have a little heartache with the existing access to Eagle, because that property may
or may not redevelop and, then, we end up having one of those awkward parcels that just
sits there with access to Eagle Road and it looks kind of unconforming. I'm not set on
that one way or another, but as far as the pathway goes I think I would like to see the
pathway stay in there, because there is not -- there is not really a lot of other amenities
that this neighborhood is offering and they are big enough lots that it doesn't necessarily
need more play structures and green spaces, but, you know, I have been to several
friends' houses who have the backyard that's four feet with the lattice behind it. We have
sat back there for barbecues. It's never been a problem. And part of the reason they
chose that specific house is because they liked having the pathway behind their house.
Fitzgerald: Yeah.
Holland: So, it was easy to walk back behind and they could watch their kids playing back
and forth on the street with their bikes. We have a pathway that runs next to our house
and I haven't had it be a problem. So , I don't see that being a huge issue. I unde rstand
it could be challenging for them, but I think they could put in a vinyl fence back there if
they didn't want to have the wrought iron or open vision fencing.
Fitzgerald: What I could test -- I lived in Woodbridge and it was -- the pathway was right
there and it had split rail -- like two foots -- or basically they were tiny fences and that was
-- I love that kind of walking path and it provides interconnectivity and places for kids to
go, but also if there is somebody back there -- you can access it, it's not just an empty
space, so --
Holland: One follow-up comment to that. I don't like the idea of doing a six foot wood
fence.
Fitzgerald: And, then, you have a problem. And, then, you have a safety issue. Yeah.
Commissioner Cassinelli.
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Cassinelli: On that note -- but before moving onto other things I guess -- I would -- I'm in
favor of keeping the path. I don't know if I -- I like Commissioner Seal's idea of extending
it to that road, but I don't think that's a -- you know, that -- that -- that's a -- not a mandatory
thing. I wouldn't -- it would be nice, but I think as long as it goes into that cul-de-sac --
Fitzgerald: Yeah.
Cassinelli: But I would be fine with just a four foot solid fence, so they could do vinyl or
whatever. I wouldn't want to go -- I don't know if I would want to push it even to have the
two foot lattice on top of that. Through my neighborhood we have got a lot of walking
paths and there is four foot fences. It's never -- I mean those homes never have a problem
selling. In fact, when you're walking through there it's kind of -- you know, people in their
backyards -- I mean everybody is friendly and it's just -- it just opens that up. I don't think
it's a negative at all.
Fitzgerald: And I'm cool with letting them work with staff to figure out what that fence is
going to look like. But I agree, I think it's -- I think it's a positive, not a negative.
Seal: Mr. Chair?
Fitzgerald: Commissioner Seal.
Seal: I agree with what's been talked about on there. I don't -- I think leaving the path in
there is something that would be beneficial to all the community members. I live in a
house that has common property on two sides and I have a four foot fence with two foot
lattice and we actually enjoy it, because it gives us more access to -- you know, it makes
our backyard look bigger than it actually is essentially and we do have a lot of people that
walk along the side or in the back of it and we have everything from a hot tub to kids
playing back there and, you know, you get used to it in some instances and others it's --
it's kind of nice to have that openness. Better -- better neighborhood feel. One of the
things I wanted to address in here is that there hasn't been any report submitted by ACHD
and there is a few places in the staff report talking about how that -- I mean, basically,
there is some likely compliance issues that need to be addressed by ACHD as far as the
access to the north, as well as some of the grade issues that are in there for providing
correct water and -- and things like that. So, I'm a little hesitant to -- you know, I don't
know that we necessarily want to move forward with it knowing that that could be an issue,
but I mean I'm looking at -- specifically I'm looking at Item G in the staff report. It says the
applicant has submitted a concept plan showing how access will provide from the north,
which should be vetted through ACHD and it quotes the section that's in there for that.
There is also some verbiage in there that relates to some of the water -- page --
Fitzgerald: Sonya, do you have any thoughts, comment, concern on that component?
Do you feel like we are missing pieces?
Allen: Chairman, no, I don't. I have discussed the issue with ACHD and -- and they didn't
seem to have any issues. If they end up having issues after their staff report comes out
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it's certainly something we can work with. I wouldn't recommend continuance for that
reason.
Fitzgerald: Okay.
Seal: Last thing is just the -- leaving the lateral open, rather than closed. I mean for the
testimony that we have received in the past from the irrigation district where they would
really prefer that everything be, you know, covered, that's -- I always have that in the back
of my mind when we talk about stuff like this. Seeing a picture of it and seeing what it
could provide for -- I mean, essentially, aesthetic beauty for a lot, I wouldn't mind having
it back there to look at and if there is ducks and birds and things like that especially -- but
what would be the -- what would be the requirements on that? I mean is -- since it's going
to be fenced and it's going to be a small area, will they be required to put trees and shrubs
and things like that in there? Is it something that they are going to have to maintain and
mow or is it going to be more of a -- just kind of a wild type of area? That was more to
Sonya.
Fitzgerald: I could provide comment, but it won't be a --
Seal: Just trying to get an idea of -- I mean if I'm looking at it from my backyard and it's
-- and it's fenced and it's supposed to provide something that's aesthetically pleasing, I
just want to make sure it's something that's going to be -- remain aesthetically pleasing,
instead of, you know, a trap for -- for things to blow in there and get caught.
Allen: Chairman, Commissioners, if it's in a common lot the homeowners association is
required to maintain it. If it's in an easement on a building lot, the homeowners may or
may not, you know, maintain it.
Fitzgerald: And that's why I -- if we are going to do that it's going to be fenced or leave it
open, I think it needs to be in a common lot for that purpose and that's where I think we
got into it on one of the original Sky Mesas where they had -- they were all individual lots
with all individual fences and nothing ever got taken care of . It was a big trap for weeds
and tumbleweeds. So, I think with the applicant's comments that they are amenable to a
common lot, I think that's where we go -- or that's where I would suggest we go.
Seal: Will the common lot need landscaping, trees, things like that in it or is it just going
to be open?
Allen: If you require it to be landscaped and if the irrigation district will allow the
landscaping within their easement, then, it could be.
Fitzgerald: I think it remains.
Allen: The -- the applicant also seemed amenable to improving it as a water amenity.
So, that's defined in our code is the banks and all places adjacent to and located on the
development can be no steeper than one foot vertical per every four feet horizontal and
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it has to have a depth and velocity in all places adjacent to and located on the
development such that the product of the maximum depth multiplied by the peak velocity
does not exceed four. So, you know, they are looking at that, too. But if -- if the Council
allows it to remain open it still would be a nice amenity to look at, it's just not something
that the homeowners are being taxed on and not being able to use -- kind of the
difference.
Seal: Okay. Thank you.
Allen: Their setbacks -- just as a side note. Their setbacks are different -- are affected
differently whether it's on an easement or common lot. If it's on an easement the setbacks
are measured from the property line, which a great part of that is encompassed by the
easement. If it's in a common lot, then, it's measured from that lot line back.
Fitzgerald: That's a great call. Thank you for that clarification. Commissioner Olsen.
Olsen: I'm comfortable with most of what's being said. The -- the concern I have still is
about the access. It seems to me that it's pretty open ended and without some kind o f a
termination on -- or the concept that when it's going to be subdivided or develop ed, that
may never happen. That may stay a house or residence for, you know, how long and if
-- I don't know if there is anything we could do about that or some kind of a requirement
we could put on it. If there was a life estate or something like that on it -- it would work.
But, apparently, they don't own that property, so I'm not sure what, if anything, we can do
with that.
Fitzgerald: The state preempted us on life estates a couple years ago, unfortunately. So,
I'm not sure you can even deed restrict that anymore to that point. But I appreciate what
you're saying.
Olsen: Okay.
Fitzgerald: I am torn on the access, because I think we are a little ways away from ACHD
or ITD ever getting out there, but -- but I understand the concern.
McCarvel: Mr. Chair?
Fitzgerald: Commissioner McCarvel.
McCarvel: I am not a hundred percent that the access needs to go in. That's a Council
decision anyway, but I think I would like to see the -- at least the sidewalk go all the way
through.
Fitzgerald: Up the hill or --
McCarvel: No. On Eagle.
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Holland: It's in the conditions.
McCarvel: Is it -- okay.
Fitzgerald: Yeah.
McCarvel: So, we don't have to eliminate one or the other, we can -- I mean or both, we
can eliminate one --
Fitzgerald: I mean we can make a recommendation, but that's Council's --
McCarvel: Yeah.
Fitzgerald: -- that's Council's decision on whether they give access or not or remain that
access open or not.
Seal: Mr. Chair, I would agree with -- with that and specifically because of the outbuildings
and some of the equipment that might come through there.
Fitzgerald: Yeah.
Seal: Trying to get it through the little side streets -- I mean I can't even imagine -- it
doesn't look like there is going to be a lot of farm equipment that's in there anymore, but
if you try and get, you know, a large truck towing a trailer through there that's going to be
-- that's not going to be a fun trip for anybody that has to make it , so -- speaking from
experience. One quick thing on the -- on the emergency access that's to the north, I mean
I wasn't going to say anything, but the more that I look at it, all of the access is coming
from that street that's up above on the north and having the ability to come through that
common lot as an emergency access is okay, but I just -- I don't understand why there is
not something down more to the south to provide access in there, just in case there is
something that's going on where they can't get access through the -- the streets that are
in there, if there was something that was going on on that corner that common lot is very
close to that road. So, to me that's -- it just seems like the common lot for emergency
access and the -- and the main road for access are -- they are very close and there is
only two houses separating them. So, if, for instance, the two houses between them
caught on fire now what do you do? You can't get access to through the main road,
because there is a house on fire you can't get access through the common lot. There is
just -- there is just not a lot of space provided there for emergency access for the rest of
the subdivision. So, it's a concern. I mean it's not a deal breaker for me , it just seems
that that would be better served to be down south in the subdivision, instead of as far
north as it is.
Fitzgerald: So, the only thing I would say that I'm not concerned as much is there is not
-- they are not accessing Eagle Road anywhere. This is coming up through Sky Mesa's
main arterial or collector road. That's -- it's way -- their access -- it's actually providing
additional emergency access to their existing neighborhood.
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Seal: Oh. Okay.
Fitzgerald: So, they are accessing it through here.
Seal: Got you.
Fitzgerald: And, then, over here or -- so, it's actually providing access to these folks, too.
Seal: Okay.
Fitzgerald: So, are we anywhere close to making a motion?
Holland: Mr. Chair?
Fitzgerald: Commissioner Holland.
Holland: A couple more things I don't know if we want to include, but we could certainly
put it in our motion about the scenic easement that the applicant talked about, having the
homes five feet below the ground elevation if we want to make sure that that happens. I
don't think that that was in the staff report, but I will look at Sonya to correct me if I'm
wrong.
Fitzgerald: I think it's got to be part of the DA, if that's -- it's something that was --
Cassinelli: It was in there in the -- in the application. Yeah.
Fitzgerald: So, I think that -- and, then, I think the psi -- or the 60 psi irrigation component
is another one that should be in there as well.
Holland: You want to put both of those things in the motion?
Fitzgerald: I don't think there is anything wrong with doing it, so that we are clear on what
we expect.
Cassinelli: And, then, does the rest of what we have talked about being -- is that -- that's
all in the agreement with what staff has in the report or are we --
Fitzgerald: I think they are --
Cassinelli: -- looking to delete a number of things, but --
Seal: Mr. Chair, I have got -- I mean I just wrote down the stuff, but the piping the -- that
lateral is something that they want to take out and it sounds like we are in agreement with
that and it sounds -- and maybe -- I don't know if we want to make a recommendation that
that is made into some kind of water feature -- I mean can we make the recommendation
that they move in that direction or --
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Fitzgerald: That's going to be Council's final decision, but we can make a
recommendation if that's what you guys so choose.
Seal: To me that solves a lot of problems all at once, where it's made into a water feature.
So, it's something that's going to be more maintained, more aesthetically pleasing,
something that's going to be -- you know, people aren't just going to look at it and ignore
it, it's something that they are actually going to have to take time -- it might be -- hopefully
it's no more of a financial burden on the HOA to maintain it, but at the same time I think
it's something that could look very nice.
Cassinelli: And that was A8?
Seal: A8. A-2-A was the common lot for the micro path. They wanted to delete that, but
that's something that we wanted to have remain.
Fitzgerald: Yeah. And I think the existing driveway access -- I think really -- unless you
guys really have a strong feeling, I think you leave that to Council to decide. Let them --
they make the big bucks, they get to -- no, I'm just joking.
Cassinelli: I want it to eventually go away, the access off of Eagle Road, but --
Fitzgerald: I think they eventually have to go away.
Cassinelli: Yeah.
Fitzgerald: But I understand there is a balance there, what you're trying to -- there is
useful utility components of that lot where he's got a lot of outbuildings that have tractors
and RVs and whatever else is in there and I kind of agree -- I agree with Commissioner
Seal's comments that that's going to be challenging if you start trying to take it out of a
common drive, whatever their -- the equipment they are hauling is in out and out of there
it's going to be fun driving through a neighborhood to do that, so --
McCarvel: Mr. Chair?
Fitzgerald: Commissioner McCarvel.
McCarvel: I just want -- before we start deleting things, one of the items we are
addressing is Item A-3-A and there is actually two items labeled A-3-A. They got the A
twice in there. Yeah. So, we just want to make clear that we are trying to make --
Fitzgerald: Okay. Make sure we are addressing which one in the -- when you're making
your motion let's just make sure we outline what it is. So Sonya knows where we are
headed.
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McCarvel: Yeah. Because the first A refers to the existing driveway on Eagle Road and,
then, the second A-3-A addresses the sidewalks and I think we wanted the sidewalk,
but --
Fitzgerald: Yeah. Commissioner Olsen, do you have any other additional -- okay.
McCarvel: Did you get that, Sonya?
Fitzgerald: Additional thoughts? Or, Commissioner Holland, are you ready to take a shot
at this thing?
Holland: Mr. Chair, I can attempt it.
Fitzgerald: Go right ahead, ma'am.
Holland: After considering all staff, applicant, and public testimony, I move to recommend
approval to City Council file number H-2019-0123 as presented in the staff report for the
hearing date of January 2nd, 2020, with the following modifications: One, that the
applicant would keep the pathway that was proposed that connects at a minimum from
the cul-de-sac through to the east side, common lot number 14, and that they would work
with staff on the fencing requirements for that subdivision and what the pat hway division
would look like. Two, that they would work with ACHD and the fire department to resolve
concerns with traffic and secondary accesses and phasing before going onto Council.
Three, that they would modify condition A8 to remove the condition for piping Grimmett
Lateral and that the applicant would work with staff and the irrigation district on
landscaping possibilities or potential water features there. Four, that there would be a
scenic easement requirement that homes would be five feet below the ground elevation
of Mr. Cantrell's and also neighboring lots with the trees planted at the base of those -- of
that common easement lot and that they would accommodate the 60 psi for the property
owners to the south.
Fitzgerald: Nice work.
Seal: I second.
Fitzgerald: I have a motion and a second to -- I'm sorry, I'm losing my mind. I have a
motion and a second to recommend approval of file number H-2019-0123 as presented
in the staff report for the hearing date of January 2nd, 2020. All those in favor say aye.
Opposed same. Motion passes. Thank you all very much. We appreciate it.
MOTION CARRIED: ALL AYES.
B. Public Hearing for Hensley Station H-2019-0120) by Northern
Land Development, LLC, Located at 462 N. Black Cat Rd.
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1. Request: Annexation of 7.17 acres of land with an R-15
zoning district; and
2. Request: Preliminary plat consisting of 65 building lots and 6
common lots on 6 acres of land in the R-15 zoning district.
Fitzgerald: Everybody good? Keep plowing forward? Okay. Moving on to H-2019-0120,
Hensley Station, and let's start with the staff report. Sonya.
Allen: Thank you, Chairman, Members of the Commission. The next application is a
request for annexation and zoning and a preliminary plat. This site consists six acres of
land. It's zoned RUT in Ada county and is located at 462 North Black Cat Road. Adjacent
land use and zoning is -- to the north is the railroad tracks and single family rural
residential zoned R1 and RUT in the county. To the south and east is the Compass
Charter School, zoned ME, and to the west is Black Cat Road and agricultural land zoned
RUT in Ada county. The Comprehensive Plan future land use map designation for this
property is medium high density residential, which is eight to 15 units per acre.
Annexation of 7.17 acres of land is requested with an R-15 zoning district for the
development of 65 residential units at a gross density of 10.8 units per acre , consistent
with the medium high density residential future land use designation. A preliminary plat
is proposed consisting of 65 building lots and six common lots on six acres of land for the
development of single family residential attached and townhome dwellings. The plat is
proposed to develop in one or two phases. The applicant is unsure at this time. If it is
phased, the phasing plan is shown there on the left. Access is proposed via West Aviator
Street, a collector street, along the southern boundary of the site. An emergency only
access is proposed via Black Cat Road, an arterial street, and that is proposed right where
my cursor is at here. Private streets are proposed for internal access. Off-street parking
is proposed in accord with UDC standards. An additional ten spaces are proposed for
guest parking along the southern end of the MEW . A 25 foot landscaped street buffer is
required along Black Cat Road and a 20 foot wide buffer is required along Aviator as
proposed. The director approved a request for alternative compliance to allow the street
buffer along Aviator Street to be located in adjacent building lots, rather than in a common
lot is typically required, which will allow the townhomes to be placed closer to the street
to enhance the streetscape consistent with new urbanism design and the design
standards in the Ten Mile plan. A minimum of ten percent qualified open space and one
site amenity is required to be provided with development. A total of .71 of an acre or 12
percent is proposed consisting of half the street buffer along Black Cat Road, the 35 foot
wide common MEW and the common area at the northeast corner of the side. Amenities
are proposed to consist of a fire pit with two benches and a 15 -by-15 foot shade structure
with picnic tables. A variety of structure configurations are proposed consisting of three
single family attached structures, which are two units in each structure, for a total of six
units and those are on that plan there on your left. Nine four-plex structures in two
different configurations. Type one with rear loaded facing a MEW , consisting of eight
units, and type two front loaded facing the street consisting of 28 units. One rear loaded
-- a five-plex structure containing five units and a three rear loaded six-plex structures
containing a total of 18 units. And those are the concept elevations there. Building
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elevations consist of a variety of horizontal and vertical siding and stucco with stone
veneer accents. Color schemes are the same on each of the buildings throughout. All
structures, single family attached and townhome dwellings proposed in this development
are subject to the design elements in the Ten Mile interchange specific area plan and the
design standards listed in the architectural standards manual, which include a
requirement for porches to be provided for each unit facing West Aviator Street. Porches
should be a dominant element along at least 30 percent of the front facade of the
buildings. Revisions to the elevation should be made to comply with this. Building
materials, particularly at the street level facing Aviator Street, should be high quality, such
as terra cotta, natural stone, clay fired units or other approved masonry materials for
architectural design or accents. The strongest use of such should be reserved for street
level windows and entries. Written testimony has been received from Kent Brown , the
applicant's representative, in agreement with the staff report. Staff is recommending
approval with the requirement of a development agreement per the staff report. Staff will
stand for any questions.
Fitzgerald: Thank you, ma'am. Any questions for staff? Commissioner Cassinelli.
Cassinelli: Mr. Chair. Before -- I do have a question for Sonya, but before I go there I
just want to -- full disclosure. I want to let my fellow Commissioners know that I sit on the
board of the neighbor to the south, Compass Charter School, but I don't feel that that will
in any way sway any decisions I have, but I wanted to let my fellow Commissioners know
and if they have an objection, feel I should recuse myself, I would be happy to do so.
Fitzgerald: Any concerns? We appreciate your information and I think we are good.
Cassinelli: Thank you. And so a question for Sonya. Sonya, in a development like this
private -- private road that's -- are we following all the guidelines on that?
Allen: Chairman, Commissioner Cassinelli, yes, it does comply with UDC standards.
Cassinelli: Thank you.
Fitzgerald: Additional questions for Sonya? Thank you, ma'am. Mr. Brown, would you
like to come forward, sir. And I guess -- I'm assuming that you are speaking. Please
state your name and your address for the record, please.
Brown: For the record Kent Brown. 3161 East Springwood, Meridian, Idaho. We are
excited about this project. One of the reasons is instead of having a multi -family
development, these are townhouses and so they are for sale. We see that as a need in
the Meridian market. We have talked with staff about that -- is that you provide different
housing types, but these -- if you understand townhouses, the land underneath it is -- is
owned by the person or the resident or the -- the owner. Condos is airspace that you
purchase. So, the purpose in this is to provide something else in the marketplace with
the prices being so high throughout and yet provide something that's high quality and we
believe that we have achieved that. We are in a unique location being there off of Black
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Cat and adjacent to the railroad tracks. We feel that this is a really good location and it
really complies with the -- the Ten Mile corridor plan in the fact that it's providing residential
housing close to employment centers. That first slide that Sonya showed showing future
land use and where the employment is and where you are promoting for -- for that really
shows that this is kind of in -- in the area that it's supposed to be. It changes as you go
on the other side of the railroad tracks and you have more single family, R-4, R-8 zoning
versus what's on the south where you have R-15 and -- and higher densities that are
approved in there, as well as commercial sites. To the west of us is supposed to be
employment center and industrial, which is pretty consistent throughout Meridian along
the railroad tracks and so we feel really good about having this located here and having
good access to the Ten Mile interchange. Just a few items. We have tried to -- instead
of just picking one or two buildings, I think we have listened to staff and have been doing
this long enough that we have got different building types. We have a duplex . We got
three of them. We have got front and rear loaded units that provide different types of
privacy for -- for those types of users. As you were discussing the pathway, there -- there
is difficulty selling next to a pathway. Some people just don't like having anybody, but
others are okay with that. So, the units that we have in the middle their private space is
shared and there are certain people that like that. My son and daughter-in-law with my
grandkids lived in a facility very similar to this in Ogden and they liked it in the fact that
the kids played right out in front. The kitchen is right there, they could look out the window
and they could see them and they -- they knew they were there, yet if the neighbor kids
came out it was of similar age, they could play in that area. Didn't need to be a big space,
but it was something that they appreciated it and they liked and actually used even more
than going to a private park that was provided within the development. The north, west
and east sides of the development have what would be considered very traditional
backyard private space. The school owns the property -- the charter school has the
property to the east of us and currently that's shown as I believe a sports field. So, this
is backing up to that. We have the railroad tracks along the north. Again having that
ability, we have -- we have got a shorter fence in there that you can see out into that
space and, then, you have the berm and buffer that's along Black Cat and that's providing
the buffering that it needs, but also for the private spaces there. The residents and the
streetscape, realistically that's what the Ten Mile plan calls out as Sonya has talked about
that they are looking for porches and they want, you know, to be able to look at that. We
feel that that works really well with the school. There are certain times that the school is
really busy, but usually when you are home in the evening and you want to sit out on the
porch in the front of the unit that's along Aviation it's pretty quiet, because everybody's
gone home from the school. We are in agreement with the staff report and stand for any
questions that you might have. We feel that this is a really good location for what we are
proposing.
Fitzgerald: Thank you, Mr. Brown. Commissioner Holland, go right ahead, ma'am.
Holland: Mr. Chair. Mr. Brown, could you talk just a little bit about what buffering you will
have to the north between the rail line and where the homes will be?
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Brown: We have the -- the backyard that's there. There -- we will have it fenced. We
have proposed a five foot -- isn't that what we ended up with, a five foot fence back there,
Sonya? I think it's a wrought iron five foot fence. Four and two. So, it has the lattice on
the top.
Holland: I think my only concern -- I think the development looks like it's well laid out. I
like the pathway that goes through the middle. My only concern is whenever there is
homes that are kind of backed up to rail lines -- and I know you have got some right of
way between where the homes end and where the rail line is, just the noise and sound
that comes through from rails and sometimes that can be a challenge. That's my only
comment right now, but --
Seal: Mr. Chair?
Fitzgerald: Commissioner Seal.
Seal: I have a similar question on the -- the common area that's there. Is that going to
be completely fenced, since it is right by the rail line?
Brown: Yes. It's going to be fenced and, then, also there is a drain that goes through
there and that drain is going to be fenced.
Seal: Okay.
Brown: So, yes, so that you can't go onto the rail line area that's out there.
Seal: Just a quick question on the amenity that's in there. Since this is going to be
probably a lot of starter families and things like that, has any -- would you consider putting
any kind of playground equipment in there or something that's more outfitted for younger
kids?
Brown: I don't know that that really is the demographic when you consider the -- what I'm
being told -- at least this is coming back from real estate people that we still have 51
percent of people that are coming here are coming empty nesters basically. This provides
somebody with a means, as long as they are physically able to go up the stairs to have
that. I don't know. I think that we have tried to choose an amenity that fits the
development. So, we haven't looked at doing a playground or something like that. We
figured that the -- those kind of eat up that space and it's -- it's kind of a natural area
already existing with the existing trees and we are trying to -- to save that portion, if you
will, that's in there. There are other trees that are around this project along the south and
along the west and those aren't really savable trees, they are trash trees if you will and
so those are being removed. But we feel that there is already pretty much an -- already
a private park space that's existing that we are not waiting for trees to grow, they are
existing mature trees.
Seal: Okay. Thank you.
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Fitzgerald: Additional questions? Thank you, sir, very much. We appreciate it.
Brown: Thank you.
Fitzgerald: Madam Clerk, do we have anyone who would like to testify?
Weatherly: Mr. Chair, we have one person signed in, but nobody wishing to testify.
Fitzgerald: Is there anyone in the audience who would like to testify? Sir, please come
forward. We appreciate you being here. State your name and your address for the
record.
Petersen: My name is David Petersen and my address is 4096 West Gillette Drive,
Meridian. And it's in the Castlebrook Subdivision, which is on the other side. It's fairly
removed from this particular location. Shall I start?
Fitzgerald: Yes. Absolutely. Go right ahead, sir.
Petersen: All right. Thank you very much, Mr. Commissioner and -- and the board. I'm
very much against this just because of the population density that is proposed. We lived
in Virginia for ten years and there are a lot of townhomes there and we do believe that --
or at least I do that townhomes are pretty much populated by starter families and what
you are going to see -- I will see if this mouse will work -- is these streets will be the play
zones of these starter families. Yes, they will play right up here in the -- in the common
area, but the streets will be the place for bicycle races and all kinds of soccer activities
and stuff like that and as well as cars not fitting in the driveway or in the garages . You
know, Meridian area has a lot of multi-car families and you are going to see that this street
becomes very congested. But my main concern is Aviation being the main route here.
Already with the school here we see the -- at the beginning of school when parents are
dropping off their kids and, then, at the end of school when they are picking them up this
place is very congested all along here and the railroads are right about here and the cars
trying to turn in and out of here are backed up clear -- you know, almost half a mile trying
to get through there, which is not only a safety hazard, but it's just difficult for the rest of
us that try to get in and out of that area. I just don't see it being genuous and, you know,
I see disingenuous about trying to meet a population density that is just not really fit for
this type of traffic area. The other thing is I'm seeing -- and this is kind of related to it, but
not definitely, but the kids at the school they need a place to work out and do their track
and so forth and right now they have been running right along the road here. I mean right
along the road to try and get over to a more widely widespread common area. So, it
would be good when this field is made into an activity field, but, then, you're going to find
all these people -- the kids especially from this townhouse area getting over in that school
area. They need a place to play. They do need playground equipment . They don't --
they -- the common area is nice, but they do need playground equipment there. So, I first
of all don't think it's good for the traffic pattern. I don't think it's good for the population
density. And I think that's just about it.
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Fitzgerald: Thank you very much. We appreciate it. Anyone else would like testify this
evening? Sir, please come forward. Please state your name and your address and the
floor is yours, sir.
Hibbard: Jason Hibbard. 641 North Puma Avenue. Just kitty corner of this development
north of the tracks on the west side and I share the same sentiment is the traffic concern.
I'm curious if a traffic study has been performed on this site. Due to the new school, the
added light, the additional traffic due to widening Franklin Road, the stop sign still at the
tracks that -- continually backing up trying to access off of Pine or El Gato, the traffic is
just crazy backed up and I don't see a resolution coming for it, much less sidewalks to the
-- to the school for students. My kids do attend Compass. They are in grade school
currently, but, you know, when they do transfer to the high school there is no safe walking
path to get them to the school. So, there is no sidewalks provided. He is providing
sidewalks, I guess, but there is no safe travel across the tracks and so those are a bit of
my concerns. If there is like a left turn for the southbound traffic and maybe a right turn
for the northbound traffic to get -- to keep that traffic flowing could help this development,
but I know it's coming around this area, that's just my concerns with the traffic is this whole
valley that everybody knows about, so --
Fitzgerald: Appreciate it.
Hibbard: Thanks.
Fitzgerald: Thank you very much. Anyone else that would like to testify on this
application? Mr. Brown, would you like to come back up and close us out, sir.
Brown: So, ACHD has looked at this site, they have this site as being acceptable levels
of -- for traffic. We can -- we can all -- because we have a driver's license can say that
-- that it's different, but they are -- they are acceptable with that. We are proposing
sidewalks on our portion. They do state in their report that they are looking at improving
and widening Black Cat Road between 2021 and 2025. We will be lucky to have even a
first phase -- people actually living there by 2021. With -- that's going for with -- with
approvals from -- from you and the City Council. Some of the things that I'm involved with
with other projects -- I know that Pine is soon to make that connection through and
currently there is over 5,000 vehicle trips that ACHD is having that are kind of stuck down
there and now they will have a safe route out to Ten Mile and they won't have to go across
the railroad tracks and I know that that will have a huge effect. Those kin d of things still
have to come before you. You haven't seen those applications, but they are in the
process of coming. But like this, they are projects that aren't really going to be built until
2021 anyway when ACHD is looking at those -- some of those things being addressed.
We are looking that -- for the most part the buyers that we are anticipating buying are --
are going to be young families that maybe they do have one or two kids, but those one or
two kids are not attending school yet. They are -- they are younger couples. There is
single family housing that is close by that if families want to move into they are just on the
other side of Franklin Road and that housing is out in this area and available. So, we
view that this being a different buyer than having a whole bunch of kids in here and that's
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why we have proposed the amenities that we have. Was there something else that I
missed? The garages, we got space in the garages. We also have space in front of the
garages for parking. And, then, we have guest parking. So, we believe that we are over
parked, if you will, on this site.
Fitzgerald: What's the length of those driveways just, so you -- we can keep our --
Brown: Twenty foot setback from the road is what the garages are, so --
Fitzgerald: Okay.
Brown: It's not little dinky things that they can't park on.
Fitzgerald: Yeah. You have a full set driveway.
Brown: Yeah.
Fitzgerald: Okay. Additional thoughts or should we request questions?
Brown: The -- the interesting thing -- and you guys have just recently gone through the
comp plan and the amendments and everything and you have the potential. So, this calls
for medium high density on this piece of property and for this general area and that's 15
-- 15 units per acre. We are at ten. We -- there are other product types -- if we were just
trying to put density on this site there are other product types that we could have used.
We think that we are meeting a need that -- that isn't being addressed currently in Meridian
and feel that the townhouses are going to -- to be something that is going to be basically
exciting for people to be able to get in and get a house and meet a different market.
Everything in here is maintained by an HOA, so it's not -- even though they own it, their
dues are paying for those -- the lawn to be mowed and those kind of things. So, we feel
that we got a really nice project and ask for your approval.
Fitzgerald: Questions for the applicant? Thank you very much. W e appreciate it. Can I
get a motion?
Holland: Mr. Chair?
Fitzgerald: Commissioner Holland.
Holland: I move we close the public hearing for Hensley Station, 2019-0120.
McCarvel: Second.
Cassinelli: Second.
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Meridian Planning & Zoning Commission
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Fitzgerald: I have a motion and multiple seconds. Thank you. On Hensley Station -- to
close the public hearing on Hensley Station, H-2019-0120. All those in favor say aye.
Opposed same. Motion passes.
MOTION CARRIED: ALL AYES.
Fitzgerald: And this application is before you for consideration . Do you have opening
thoughts?
Seal: Mr. Chair?
Fitzgerald: Commissioner Seal.
Seal: As being a person that runs along Black Cat Road, I'm happy to see that there are
going to be more sidewalks to run through there. I would love to see something that
extended across the railroad tracks, because it is -- it is -- I mean it's just dangerous to
run across there. So, I mean I personally wouldn't allow my kid to walk across there. So,
knowing that there is going to be improvement to the road from '21 -- 2021 to 2025 is
promising. Hopefully we can do something, especially with Compass being in there and,
you know, everything that's being built to help move that along closer to the 2021 side of
things. Is that something -- is there -- is there a process for that, Sonya, that the city can
go through to help move that along through ACHD or is that something that --
Fitzgerald: I think rooftops drive that, to be totally honest.
Seal: The more -- okay. I mean there is -- there is a lot of them in there and that -- that
section is extremely dangerous to walk, run, bike, you name it, it's just -- it's horrible
considering the amount of traffic that goes across it right now. He actually touched on
the fact that there is -- in the report there is a piece in there -- there is no -- no credit for
the existing trees for mitigation, but I'm glad to see that they are actually keeping some of
those existing trees in there, because it's -- I mean it's actually a really neat little property
that's in there. So, seeing something that goes into -- I mean the biggest concern I have
on it is, honestly, the -- the -- just the amenity not being something that's more driven for
-- you know. Or at least having something in there that's more for kids. I just think that
there is going to be some smaller families in there with kids that aren't in school yet that
are going to be in there. They are going to be in the subdivision all day, so having
something for them to go and play on is going to be something that's going to be needed,
especially since there is not, you know, a viable walkway or something even to get over
to El Gato or something like that where you have more space to -- to walk around and do
things like that. So, I just think that that amenity needs to be something better. I don't
know what better would be, but something more for kids.
Fitzgerald: Commissioner Holland?
Holland: Mr. Chair. I think one -- one nice thing about being located next to the school
is that there tends to be open space with schools and I know when they came forward to
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us they were planning to put in a sports field at some point, which likely would be used in
the evening hours for neighboring residents. So, I think that helps a little bit to me on the
open space needs there. But I would agree, I would love to see a play structure of some
sort. I don't know that I want to require it, but it would be nice for them to consider
something there. My only concern is still with the rail line and making sure that there is
an adequate buffer there, because I know how fast some of those trains can come through
and how loud they are and anything we can do to have a better noise buffer , whether
that's a -- instead of just requiring a wood fence there, maybe it's -- I don't know, some
sort of concrete fence to give a little bit better sound barrier or something. Just a thought.
I don't know that I have anything I want to require there either, but certainly something I
want Council to consider as they look at this application.
Seal: Mr. Chair?
Fitzgerald: Commissioner Seal.
Seal: One point on the railroad is the speed limit for that area right there is 35 miles an
hour. They can't go any faster than that, so -- which is still plenty fast enough for a train,
but at the same time it's not like the ones you see going along at, you know, 60 plus miles
an hour. They are pretty controlled and they are actually pretty small. I don't know. I
don't think there is any limitation on the number of cars they can carry, but usually you
see half a dozen maybe, if not less.
Holland: Mr. Chair? I know it's not a main line that runs there, it's just an offshoot, but --
Fitzgerald: Yeah.
Holland: -- one other comment, too. I think the other challenge -- I would love to see the
sidewalk continue up to the north, too, above the railroad tracks, but the challenge is that
that's Union Pacific right of way, so in order to do that you have got to work out an
easement with UP and that can take a while.
Fitzgerald: Years. Commissioner McCarvel, go right ahead.
McCarvel: Mr. Chair. I would -- I guess I would like to see maybe something -- a play
structure, like you said, for the open space, but I would tend to agree that this is going to
be just as much empty nesters moving into something like this as it is young families with
what we have moving in here and -- and just the -- the needs of some empty nesters
wanting to downsize somewhat and have the HOA take care of their mowing and such.
Fitzgerald: I like MEW products. I think it gives us a different look than what we are --
and I think -- I appreciate the applicant's trying to be responsive to our latest
Comprehensive Plan changes, because I think that is -- the Ten Mile interchange is not
very far away and I understand the traffic concerns and -- understandable. And I know
that we are -- ACHD is behind in a lot of those cases, but I do like the product and I know
that we need something like this. We have talked about it a couple times where we have
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Meridian Planning & Zoning Commission
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seen like -- if we can pick up a project and move it somewhere else we would like that
and so I do think MEW products are cool and I think they have done a good job of trying
to park it -- guest parking and provide adequate parking throughout , because that's
something we talked about a lot. I think it -- as that whole corner redevelops I think it will
fit in there. The -- I think if you are going to buy a townhome next to a railroad you know
what you are getting. So, the market's going to kind of manage that. But I do understand
the play structure thing. I think -- the play structure comments, I think that's a -- there is
a balance there. So, trying to find that out is -- is important. Commissioner Cassinelli.
Cassinelli: Kind of echoing some of your comments, I do like the product. I do like the
idea of townhomes. We did talk about that. I think it was one or two meetings ago where
it doesn't exist here and it exists -- I -- the traffic concerns coming out of there, they are
real. I have made my personal opinion about A CHD more than once, but I mean I -- I
think that they should have -- I think that in their requirements there should at least be a
temporary turn lane to widen that just enough. It's done elsewhere. I think -- but I don't
-- that's out of our purview to require that, so -- but I think it's -- I think it should be done
coming in and out of there to have a -- a turn lane in the center. But it is going to be
widened. Supposedly. At some point.
Fitzgerald: Sooner rather than later.
Cassinelli: I know a year ago that wasn't even on their -- that wasn't even on their radar,
but now it is, which is good to see. I'm a little concerned about the guest parking. I would
like to see more than ten spots. I don't know that that's enough. And, then, I also echo
my fellow Commissioners, I would like to see a little bit more amenity. I think it would be
hugely popular to have something else in there other than just a picnic area.
Fitzgerald: Commissioner Olsen, do you have thoughts, sir?
Olsen: Just two. On the amenity it seems to me that even the empty nesters have
grandchildren that come over and play and I think it would be a good idea to have the
play -- the playground facilities. As far as the traffic goes, I assume there is really nothing
that we can do and/or say, even about the traffic, so -- though I sympathize with that and
I drive that Ten Mile route frequently. Other than that, I like the product, I think it's a good
project.
Seal: Mr. Chair?
Fitzgerald: Commissioner Seal.
Seal: Unless somebody else has something to add -- take a crack at this.
Fitzgerald: Go right ahead, sir.
Seal: After considering all staff, applicant, and public testimony, I move to recommend
approval of the City Council file number H-2019-0120 as presented in the staff report for
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Meridian Planning & Zoning Commission
January 2, 2020
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the hearing date of January 20th, 2020, with the following -- the following modifications:
That they work with the staff to provide an amenity more conducive to children.
Cassinelli: Second.
Fitzgerald: I have a motion and a second to recommend approval of file number H-2019-
0120 for the hearing of January 2nd, 2020. All those in favor say aye. Opposed same.
Motion passes. Thank you, Mr. Brown. Appreciate it.
MOTION CARRIED: ALL AYES.
Item 5: Other Items
A. Election of Commission Officers [Action Item]
Fitzgerald: Now we have the fun and exciting next -- last component of the day.
Elections. Yea.
McCarvel: I was going to say --
Fitzgerald: Commissioner McCarvel, go right ahead, ma'am. I think we have -- we have
to take these as a -- the Chair and the Vice-Chair second, according to the -- our city
attorney who keeps me in line.
Cassinelli: So, are these individual?
Fitzgerald: Yes, sir.
McCarvel: Mr. Chair?
Fitzgerald: Commissioner McCarvel.
McCarvel: I nominate Ryan Fitzgerald as chairman for 2020.
Cassinelli: Second.
Holland: Second.
Fitzgerald: I haven't screwed up the last three meetings, is that what you're saying? I'm
happy to keep doing it.
McCarvel: You have a motion and a second.
Fitzgerald: There is a motion and a second. Okay. I have a motion and a second that I
retain my position as chair of the Commission for 2020.
Meridian City Council Meeting Agenda January 16, 2020 – Page 41 of 147
Meridian Planning & Zoning Commission
January 2, 2020
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Cassinelli: And he's happy to do it.
Fitzgerald: I'm happy to do it. All those in favor say aye. Aye. Opposed same. Okay.
Fine. I will sit down. I'm joking.
MOTION CARRIED: ALL AYES.
Fitzgerald: So, now we have the Vice-Chair position. Do I have comments or thoughts
or motions? They are all in order. I think Commissioner Holland is exceptional.
Seal: I would agree.
Holland: You haven't tested me, so I don't know about that.
Fitzgerald: You should hear how amazing you are in my interviews this week.
McCarvel: Mr. Chair?
Fitzgerald: Commissioner McCarvel.
McCarvel: I nominate Commissioner Holland as Vice-Chair.
Olsen: Second.
Fitzgerald: I have a motion and a second for Commissioner Holland to be Vice-Chair of
the P&Z Commission. All those in favor --
Cassinelli: I have a concern with --
Fitzgerald: Okay. Oh, there is comments.
Cassinelli: Yeah. Who is going to -- who is going to make the rocket motions if she's --
Seal: I'm working on it.
Fitzgerald: Commissioner Seal -- Commissioner Seal is on it.
Cassinelli: Will you take notes and pass them down?
Fitzgerald: Do we have any additional comments? Concerns? So we have to take better
notes than we are doing. I think Commissioner Seal is working on it.
Seal: I'm working on it.
Meridian City Council Meeting Agenda January 16, 2020 – Page 42 of 147
Meridian Planning & Zoning Commission
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Fitzgerald: So, a motion and a second for Commissioner Holland to be the Vice -Chair of
the P&Z Commission for 2020. All those in favor say aye. Opposed same. You can't
vote no. Okay. Anymore motions?
Olsen: Move to adjourn.
Seal: Second.
Olsen: Move to adjourn.
Fitzgerald: I have a motion and a second to adjourn. All those in favor say aye.
MEETING ADJOURNED AT 7:54 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
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