Loading...
2020-05-28 Meridian Planning and Zoning Meeting May 28, 2020. Meeting of the Meridian Planning and Zoning Commission of May 28, 2020, was called to order at 6:00 p.m. by Chairman Ryan Fitzgerald. Members Present: Chairman Ryan Fitzgerald, Commissioner Lisa Holland, Commissioner Andrew Seal, Commissioner Rhonda McCarvel, Commissioner Nick Grove and Commissioner Patricia Pitzer. Members Absent: Commissioner Bill Cassinelli. Others Present: Chris Johnson, Adrienne Weatherly, Andrea Pogue, Bill Parsons, Sonya Allen, Joe Dodson and Alan Tiefenbach. Item 1: Roll-call Attendance X Lisa Holland X Rhonda McCarvel X Andrew Seal X Nick Grove X Patricia Pitzer Bill Cassinelli X Ryan Fitzgerald - Chairman Fitzgerald: So, at this time I would like to call to order the specially scheduled meeting of the Meridian Planning and Zoning meeting for the date of May 28th and let's start with roll call. Madam Clerk. Item 2: Adoption of Agenda Fitzgerald: Thank you, ma'am. So, the first item on the agenda is the adoption of the agenda. We don't have any changes that I'm aware of, so can I get a motion to adopt the agenda as presented? Seal: So moved. Pitzer: Second. Fitzgerald: I have a motion and a second to adopt the agenda. All those in favor say aye. Any opposed? Motion passes. Thank you. MOTION CARRIED: SIX AYES. ONE ABSENT. Item 3: Consent Agenda [Action Item] A. Approve Minutes of May 21, 2020 Planning and Zoning Commission Meeting Meridian City Council Meeting Agenda June 4,2020— Page 5 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 2 of 50 B. Findings of Fact, Conclusions of Law for Idaho Central Credit Union (H-2020-0010) by Idaho Central Credit Union, Located at 3152 W. Peak Cloud Ln. Fitzgerald: Next item on the agenda is the Consent Agenda. We have two items on the Consent Agenda, the approval of minutes for the May 21 st, 2020, Planning and Zoning Commission meeting and the Findings of Fact and Conclusions of Law for Idaho Central Credit Union, H-2020-0010. Do any of those need to be pulled out for any additional consideration? Okay. If not, can I get a motion to accept the Consent Agenda as presented? McCarvel: So moved. Seal: Second. Fitzgerald: I have a motion and a second to accept the Consent Agenda. All those in favor say aye. Opposed same. Okay. Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: So, thank you all, those of the public for joining us to our Meridian Planning and Zoning Commission meeting tonight via Zoom webinar. Let me explain how we will make this work as we continue to do the city's work via technological means. On your screen you should see the Commissioners who are present for this evening's meeting. Also on the call you will see the city attorney, city clerk's office, staff from our Planning Department and folks you will see chime in for -- as they get called on to be presenting their applications. Everyone else is on the line on the Zoom call are attendees. You may observe the meeting and we can see that you were there. However, your ability to talk and be seen will be muted at this time. During the public testimony portion of the meeting you will be unmuted and able to comment. If you have previously sent in a presentation for the meeting it will be displayed on the screen and the clerk will either help you run the presentation or they will hand the reins of the presentation over to you so you can run it from your computer. If you simply want to watch the meeting we encourage you to do that through our city's YouTube channel, which is at meridiancity.org/live. When public testimony is opened for a certain application the clerk will call the names of those who have signed up to testify on our website, you will be unmuted and if you want to use your video you can do that as well. I will call you individually and see if I can connect with you to make sure we have an audio connection and, then, you will state your name and your address for the record. You will have three minutes to address the commission and, then, to answer any questions that we have at that time. After that you will be muted and kind of put into a viewing situation from the Zoom platform and once all those who have signed up in advance are called on I will provide one more opportunity for there to be public testimony. If you haven't been called on from the clerk, please, press the raise your hand button at the bottom of the screen if you are using Zoom or if you are calling it on your phone use star nine and wait for your name to be called, now you can chime in with the city clerk. If you are listening on multiple devices, a computer and a phone, please, make Meridian City Council Meeting Agenda June 4,2020— Page 6 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 3 of 50 sure to mute one of the devices, so we don't have an echo and, then, everybody will be able to hear effectively and please note that we cannot take additional public testimony after we close the public hearing unless there is a specific issue that Commission wants to hear from -- from the applicant or from someone in the public. So, after we have taken public testimony that was your opportunity and we can't go backwards. So, please, make sure you get your comments in during your time. If there are technical difficulties and you can't get in to make comments during the meeting, please, e-mail city clerk at meridiancity.org and Chris will try to help get you situated so you can be a part of the meeting. Item 4: Items Moved From Consent Item 5: Action Items A. Public Hearing for Gem Innovation School (H-2020-0043) by Paul Bierlein, Bouma USA, Located at 5390 N. McDermott Rd. 1. Request: Annexation of 8.00 acres of land with the R-15 zoning district. Fitzgerald: So, with that as we move on to our first item on our agenda, we have the public hearing for Gem Innovation School, file number H-2020-0043 and, Chris, I saw Mr. Bierlein a minute ago and I know we have some other folks from the team here. Are they ready? Johnson: Mr. Chair, the planning staff will be presenting. Fitzgerald: Oh, I'm sorry. I'm starting with the staff report. Thank you. Alan, are you ready? Tiefenbach: Yes, sir, I am. Fitzgerald: Okay. Tiefenbach: Good evening, Mr. Chair, Members of the Commission. I'm Alan Tiefenbach. Some of you have met me. I'm the newest city planner with Meridian. Been here now for six weeks, which kind of boggles my mind. Time moves very quickly here. So, yeah. So, here we go. So, this is a proposed annexation and zoning to R-15 to allow a 42,000 square foot school. So, on the left here, the future land use map shows that this property is recommended for medium density residential. In the middle there is a zoning map which shows that it's surrounded by residential properties. To the north and the east is vacant and, then, you can see on the aerial that -- you should know that a large number of the property all around the -- from the north, east and west was recently rezoned and platted, the Oaks North and South Subdivision, something like a thousand lots. That is beginning to build out, The Oaks Subdivision to the south in particular. So, this annexation the applicant is proposing to annex and rezone eight acres of land with the R- Meridian City Council Meeting Agenda June 4,2020— Page 7 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 4 of 50 15 zoning district and, again, to develop a 42,000 square foot and some change one story college preparatory school for grades kindergarten through 12th. The estimated enrollment of the school will be approximately 600 children. It's more than a 500 -- mid five hundreds. The applicant is Gem Innovation School and, like I said, the proposed annexation is contiguous to city annexed property, so it does meet state statute for annexation. As I said, it -- it's designated as medium density residential. The applicant is proposing this R-15 zone district because schools are a permitted use in the zone district and this makes it more expeditious for them to be able to get through the development and their review process. Because adequate -- because the adequate schools are so strongly emphasized in the Comprehensive Plan -- and I'm sure you know the City Council many times mentions their concerns about schools being oversaturated, staff finds that this proposed annexation would definitely be consistent with the Comprehensive Plan. As I mentioned there are several large subdivisions that have been approved recently. This includes the -- The Oaks North and South, which is about a thousand lots. It would be on the north, east, and south of this property and I'm going to sort of go through the site plan here to show the way that this plan -- let's see if I can get this to move. There we go. Okay. There is the site plan. So, the north is actually to the left here, so you can see McDermott Road down there at the bottom. So, again, this is oriented with north to the left. Okay. So, there is -- there is two -- there is three different parts of access into this project. There are two points of access from McDermott Road. You can see one drive aisle, which would be on the south, and you would see another interior road, which is called Gem Way, which would be on the north. There are several pedestrian connections that would --that would traverse this property. The first one would be a ten foot path that is being built along McDermott Road. You can see that down here. So, this is a ten foot wide paved path and this is a bermed area. This bermed area was discussed and it's going to be part of the development agreement to make sure that this berming helps to tie this better into McDermott Road. There is also a pedestrian path that is here. This is the Creason Lateral. When the Oaks North was approved one of the conditions of approval is that a 14 foot paved path run from McDermott Road through the vicinity all the way through the Oaks North Subdivision. This development is tying into that lateral to, again, build a --to build a ten -- or, excuse me, to build a 14 foot wide paved path there. There is also a third pedestrian access. This is Double Rock Road. Now, when the -- when the Oaks North was originally platted what the original intent they thought was going to be was that there was -- you can see the road shown here sort of in the gray outlines. Originally it was intended that the road was going to come through the property like this and, then, it was going to come out through Double Rock Road. As this school development has been proposed what is happening now is that Double Rock Road is going to stay a cul-de-sac, what you see here. However, there is going to be a pedestrian connection here. So, this neighborhood would be able to get into the school from the east. The other thing that's happening is instead of this road coming all the way through, this road is going to turn to the west and come out onto McDermott Road. The concerns that staff has expressed to the applicant in regard to this project, first of all, is that we think that there is quite a bit of asphalt and paving shown here. We are not sure if this is the most efficient design of a parking lot. In particular the applicant requested what they called a Council waiver. They -- they didn't want to have to provide tree mitigation for all of the trees that they were taking down. It was staffs opinion that we are Meridian City Council Meeting Agenda June 4,2020— Page 8 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 5 of 50 not sure if we agree that that's -- that that shouldn't be required. We believe, again, that there is a lot of paving and asphalt and not only trying to do a more efficient drive Island and parking lot -- not only would that result in more landscaping, it would also reduce the heat island effect for this particular area. We have conveyed this onto the applicant. I think overall the applicant is sensitive to our concerns. They and we have talked and they are going to look at -- at this during the time of certificate of zoning compliance and see if they could do a better design that does not result in so much payment and so much trees. The other concern that we expressed to the applicant was on Gem Way here. If you look at this you can see the sidewalks that come along here. Right on the north and directly right here is a residential lot. Now shown on this this looks like -- this is a tract. But if you actually look at the North Oaks Subdivision, there is residential lots that come right to Gem Way. Our concern is that we did not want to see an interior road running directly next door to a residence, especially if the developer here doesn't have a lot of control over that. We conveyed that concern on to the applicant. There was a little back and forth with that. The applicant thought originally that the developer of The Oaks was going to have to put in some kind of landscape strip. As it ends up it does not look like they had committed to that, but where we have arrived with this is I think that we have reached an amicable -- amicable decision where at the time of certificate of zoning compliance -- and the applicant I think will address this -- they are going to ask for some language be changed on the conditions of approval that at the time of CZC the applicant and the staff will work together to arrive at -- basically at a solution for a ten foot landscape buffer on the north side of Gem Street. Excuse me. Gem Way. Just real quickly, ACHD did look at this. They haven't given me a full report, but they did say they were okay with this, other than there is going to be some discussions about where the -- the flashing school lights should be and originally fire had some concerns with this access over here. The applicant has provided fire a turnaround. Once fire looked at that and saw how our traffic -- or how a truck can get in there and turn around they were okay. So, they have no more comments. One -- a couple -- just a couple of little -- more little tiny things I wanted to add. One of them is that I mentioned in the staff report that the buffer here is 40 feet. It's actually 35 feet. That was my mistake. And I also mentioned that the sidewalks were six feet wide. Again, that was my mistake. They are actually five feet wide. With that I would entertain any questions if you would have any and that would conclude my presentation to Planning Commission. Fitzgerald: Thanks, Alan. Appreciate it. And welcome to the city. Sorry I kind of cut you off and not letting you get your staff report in early. We really appreciate the presentation. Are there any questions for the staff? Holland: Actually, I do have one question. Fitzgerald: Go right ahead, Commissioner Holland. Holland: So, with McDermott Road -- I know that that's planned to be Highway 16 at some point and that's -- one of my worries is that the intent for Highway 16 is to be a transportation corridor where there is not a lot of exits off of it. Is that -- can you talk a Meridian City Council Meeting Agenda June 4,2020— Page 9 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 6 of 50 little bit about the alignment of Highway 16 and how that would intersect with where this is on McDermott? Tiefenbach: I might have to defer to Bill on that one. I think he probably has a better knowledge on that than I would. Parsons: Yeah. Mr. Chair, Members of the Commission, certainly happy to provide you that context. So, this is existing McDermott Road. It will actually become a frontage or backage road to State Highway 16 and, then, that -- the alignment of State Highway 16 will be actually a few hundred feet farther to the west of this project, so it should not interface and that -- that's what -- in Alan's presentation he was sharing with you why it was so critical for us to have that berming, even though this property doesn't technically abut the state highway. In our code -- in our state highway provisions we require schools, hospitals, residential subdivisions to berm along state facilities to mitigate noise. Even though it's 200 feet away we feel -- we still feel that berming is necessary here to try to buffer the school from that state highway, even though it's several hundred feet away and that's -- that's one of the recommendations that we have before you this evening in the development agreement. But, yeah, this -- this development has no impact -- will not be impacted by the extension of that roadway. Fitzgerald: And, Bill, that's raised; right? It will be raised at that juncture. The highway? Parsons: They are contemplating raising -- a portion of it will be raised. Where that lands and location in proximity to this I'm not sure. I haven't seen the final design of that. But, yes, they are planning on elevating it across McMillan Road, which is farther to the south. So, wherever that -- that hill starts, wherever they start elevating -- Fitzgerald: Yeah. Parsons: -- the overpass. Don't know where that falls in relationship to this development. Fitzgerald: Commissioner Holland, did you have additional questions? Sorry I cut you off I think. Holland: No. No, you are fine. I just wanted to say thanks, Bill. That's what I thought had remembered from The Oaks conversation, but it has been a while since we have seen that one. Fitzgerald: Any additional questions for the staff? Okay. Hearing none, Chris, can we bring our applicant in, please, sir. Johnson: Mr. Chair, they are in. Fitzgerald: Mr. Bierlein, I see you. You are not -- I guess who wants to kick off? Meridian City Council Meeting Agenda June 4,2020— Page 10 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 7 of 50 Bierlein: This is Bob Bierlein with Bouma USA and I would be happy to kick this off. I'm with Bouma USA out of Grand Rapids, Michigan. We are the design and build general contractor for Gem Innovation and I'm here with my team. Dan Henrickson, who was the architect, and Bill Hadlock, he is a civil engineer, and also a couple of representatives from the school. Josh Femreite and Nanette Lehman. So, we are all here to answer your questions. Alan did a very very good job in presenting the project. We have been working with him for the past few weeks to get to this point and we agree with everything that's in the staff report and the conditions at this point. There are a few items that we have been talking with Alan about which he might have hit on. I'm going to ask Bill to go through those items. Mr. Hadlock. And maybe I will ask him to do that here next. But any other questions that you guys have I will be here and the rest of the team here that I just explained. So, maybe, Bill, could you go through the three conditions that we were talking through. Fitzgerald: Mr. Hadlock, could you introduce yourself and your -- state your address for the record, please, sir. Hadlock: Sure. Absolutely. Can you hear me all right? Fitzgerald: Yeah. We hear you. Hadlock: Okay. Yeah. I'm Bill Hadlock with Paradigm Design. Address is 4650 East Cotton Center Boulevard, Phoenix, Arizona. Yeah. So, I'm a civil engineer on this project. I have been working with Alan here the last couple weeks on this -- on this project and I'm going to start off by saying Alan's been a pleasure to work with on this. Yeah. There is a few things I wanted to go down, just to kind of maybe elaborate a little bit on what Alan just mentioned and, then, also talk about those three items, the conditions that are put on there. So, we do understand that the -- the concern with the -- what do we want to call it? Excessive asphalt or the excessive heat island effect that he is mentioning and we are actually -- I'm actually working on a plan right now. It's -- it's right here. I can show you that it's -- it's quite a bit different where we are taking some -- some travel distances and things into consideration. I plan on getting those to actually the city, as well as ACHD for review with reducing the amount of asphalt and trying to save some of the existing trees on site. ACHD has been an integral reviewer of this. We have been working with Mindy there and the concerns they have with the separation of bus and vehicular traffic on the site. So, we continue to plan on working with them and with the city staff as we make those revisions, so -- and as you mentioned we intend to do that during the CZC submittal. The -- we are also working with the ACHD on those flashers that he mentioned out there. We are -- we have been working very closely with Mindy on not only the flashers that are going to be needed or maybe needed for this project now, but also in the future when further to the west develops, a potential fee in lieu of construction, so we are doing that. And, then, also just to elaborate a little bit on the McDermott and the highway, right now we are working with, you know, the highway department and ACHD and it's our understanding that McDermott is actually going to be cul-de-sac'd just to the north of our site. So, once, you know, that -- I'm not sure when that will be, but in the future. So -- so, really, the only one that we wanted to discuss a Meridian City Council Meeting Agenda June 4,2020— Page 11 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 8 of 50 little bit more on -- on here was that ten foot landscape buffer to the north of -- it says Gem Way on our -- our drawing there. It's actually going to be called Gem Street. Gem Way was not allowed by the city, just -- anyway, we are going with Gem Street and that ten foot north buffer there. We have been working very close with Toll Brothers and we are --from the understanding that they are putting a big green space area and stormwater system down in that area and it is not going to be a neighboring lot on there. We understand the concern from the -- the city and, then, the need to have that -- that landscaping buffer there. So, we just kind of propose the word -- rewording of that item on the condition and I guess I can go down that here next. So, I guess unless there is any other questions I would like to just talk about the three items on the recommendations that we would like to just maybe revise the wording or just elaborate on if I could. Fitzgerald: Go right ahead, sir. Hadlock: Okay. So, item -- item number seven on page 17 of the staff report says that the --we will be required to comply with the tree preservation mitigation standards per the UDC code and we have actually been working pretty closely with the city arborist and our landscape architect in really evaluating the trees out on there. We have met out on site, we have talked about them, and -- and there is some working back and forth to the actual amount of mitigation inches that we are going to be held responsible for and it's a little more in depth than what the UDC code is suggesting. So, what we -- what we would really like to suggest is to change that item number seven to something that would state: The applicant and staff will -- will work with the city arborist to develop a tree mitigation plan prior to the CZC application. We understand the concern and we want to add that and we want to address that and work with all the city staff on that. But, again, that would be part of the CC application -- CZC application process, which would be forthcoming here. So, that's item number seven. Is there any questions on that or you want me to move right down to the next one? Fitzgerald: So, Mr. Hadlock, is that -- the tree preservation, is that kind of sub item E? I guess I'm -- Hadlock: I'm looking at the city agency comments and conditions, Planning Division A -- A, Roman numeral seven underneath that. There is -- Fitzgerald: Okay. Hadlock: -- three in a row. Fitzgerald: Now I'm finding it. Sorry. Thank you. Hadlock: No -- yeah. No problem. So -- yeah. So, right there. There is -- those are seven, eight, nine that we wanted to talk about. So, again, we would -- our intention is to work with the city and your arborist through the CZC application and not have it worded that we have to work on --just follow those mitigation standards like that, due to the work that we have already been doing with them. The item number eight, it says the -- the Meridian City Council Meeting Agenda June 4,2020— Page 12 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 9 of 50 applicant shall be required to tile the Creason Lateral in accordance with the UDC and there is some other language in there. Just--just so everyone understands, that Creason Drain, if you are looking at the concept plan, is on the very far south part of our property. It's actually not even on our property, it's -- it's about-- I think it's about 15 or 20 feet south of our property line and that has actually already been tiled. We have been working with the Creason drainage -- it's actually the Creason Lateral is the name of the organization. NMID is not even the controller of that. We have been working with them and their engineer, because we do have to deal with the irrigation on our site, but -- so, we are pretty well in tune with what's going on on there, but that -- that lateral that exists there in the south that we are being asked to enclose is actually already enclosed and not even on our parcel. So, I guess what we are doing is we are asking you just to actually remove this comment from the -- from the comments, so -- so, that would be item eight. And, then, item nine we -- I touched on that a little bit -- was that ten foot wide landscape buffer on the north boundary of-- of Gem Street. Again, it's not Gem Way, it's going to be called Gem Street. And what we are doing is we are asking that we maybe just can reword it to something like a ten foot wide buffer will be required between the north right of way line and Gem Street and individual residential lots within the Oaks North. The applicant and staff will coordinate the ultimate location of this buffer prior to the CZC approval and the reason being is we are working with Toll Brothers on a lot of other things here, particularly the utility service to the site coming from the east on Double Rock. We are working on some development agreements and shared costs with them. We would like to work with them on -- on this issue as well, because in all the discussions I have had with the -- the gentleman over there that we are working with, it is their intent to -- to have green space there on the north side of Gem -- Gem Way. Sorry about that. I just had a phone call. So, anyways, we were just hoping to reword that, that we would again work with the applicant, we will work with the staff and -- for the ultimate location of that buffer there. And rather than -- Fitzgerald: Just to be clear, you don't have a problem with the buffer itself, it's just the location of it; is that right? Hadlock: Well -- right. I mean if you guys want to -- yeah. Right. So, it's -- it's -- really, the problem we are having is that we don't want to have to move Gem Way ten feet to the south on our property to accommodate a ten foot buffer on the opposite side of a public road. I mean Gem -- Gem Way on that drawing is going to be a public road deeded over to ACHD. So, in our mind, you know, it's -- it's the opposite side of the develop -- I mean when -- you know, I believe they have come in for pre-development meetings for that phase of that project, but I know that's not for another couple years out before they -- maybe even longer before they build that piece of it. So, you know, we are kind of feeling like it's -- you know, it's the opposite side of the right of way. We don't feel like we should have to, you know, eat up more of our property to accommodate a ten foot landscape buffer and then -- and, then, the cost associated with -- with placing that landscape buffer is really what our stance is and -- and we want to -- we want to work with Toll Brothers and -- and -- and, you know, utilize their plans that are there already showing that there -- there is a buffer planned there. If that makes sense. Meridian City Council Meeting Agenda June 4,2020— Page 13 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 10 of 50 Fitzgerald: Perfect. Any questions for Mr. Hadlock or do you guys want to move on to -- is there any additional people you have on your team that would like to speak? Seal: Mr. Chair? Fitzgerald: Commissioner Seal. Seal: Just have a question about the turnaround that's provided. There was some information in the staff report as far as what the weight bearing limit should be on that and is that all part of the engineering that's going into providing that turnaround? Hadlock: Well, I'm sorry, I guess I'm trying to put -- Fitzgerald: Mr. Seal, is that from Fire or -- Seal: Yeah. It's for the -- the turnaround on the eastern section of the property. I just read in there that-- that, basically, it's going to require a weight limit--weight bearing limit on it in order to provide that -- that turnaround. I just wanted to make sure that that was part of the architectural planning. Hadlock: Yeah. Again, I'm not sure I understand what -- turnaround that is at the back there that -- we are talking about the Fire Department turnaround? Seal: Correct. It's on the basketball court essentially. Hadlock: Oh, yeah. Yeah. Okay. Seal: They have some weight limits -- weight bearing limits on that that were going to have to be substantiated in order to provide for that. Hadlock: Correct. We will work with our geotech. So -- so, it's not only there that has to be accommodating that, it's actually been to our fire route that has to be handling the -- the ability to handle the loads of the fire truck. So, yeah, we are working -- we have got our geotech engineer that's already designed the -- the concrete section, the heavy duty section and the standard duty section. So, yeah, we will be addressing that. Seal: Okay. Thank you. Hadlock: Uh-huh. Fitzgerald: Mr. Hadlock, did you have other people on your team that were going to speak or -- Hadlock: I don't think so, unless Paul was --we just had him here in case there were any questions that they needed to chime in on. I think, you know, being it's pretty heavily Meridian City Council Meeting Agenda June 4,2020— Page 14 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 11 of 50 related on the site -- I'm the -- the engineer for it, I -- that's kind of what I'm here for that part of it. So, I don't think we have any real presentation that we are intending to do. Fitzgerald: Okay. Are there any additional questions from Commissioners for Mr. Hadlock or Mr. Bierlein? Commissioner Holland? Holland: I know it's surprising, but I don't have any questions right now. Fitzgerald: Okay. I thought you went -- you came unmuted, so I was thinking you were chiming in. Mr. Hadlock, we really appreciate the information. Let's see if we have any public testimony and if-- if not or if we do we will let you close either way, so you can give us your last thoughts before we deliberate. Will that work? Hadlock: Yeah. Absolutely. Sounds good. Thank you. Fitzgerald: Madam Clerk, do we have anyone who has signed up to testify on this application? Weatherly: Mr. Chair, we do not. Fitzgerald: Okay. Is anyone -- if anyone is on the line who would like to testify on this application, please, let the clerk know, raise your hand on the Zoom application or hit star nine and let us know you are there and we will get you squared away. This is where I get to wait for pregnant pauses. Okay. Going once. Going twice. Any questions -- any additional questions that have come up from application -- or I mean from the Commissioners, I'm sorry, for staff or the applicant before I let Mr. Hadlock close? Okay. Hearing none -- Holland: Mr. Chair? Fitzgerald: Mr. Hadlock, your team -- oh, Commissioner Holland, go ahead. Holland: I just want to summarize the three requests that they have just to make sure we have them right before we close anything. Fitzgerald: Perfect. Holland: So, the three requests that you have was, one, to change the --that the applicant and staff will work with the city arborist to provide a tree mitigation plan through the CZC application. That was the request; is that right? Hadlock: That's correct. Yes. Holland: Okay. And, then, the second one was that we would remove the requirement to pipe the Creason Lateral, because it's already enclosed? Meridian City Council Meeting Agenda June 4,2020— Page 15 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 12 of 50 Hadlock: That -- that is correct. Holland: And, then, your third one was that you would work with staff to find an agreement prior to City Council about the ten foot buffer between the right of way and Gem Street. Hadlock: I'm not sure it was before City Council. More so before CZC submittal. Holland: Okay. Hadlock: Yeah. It was more -- more to work with them on -- prior to the CZC submittal, so we can bring in the neighbor over on the -- yeah. Fitzgerald: Mr. Hadlock, if you like to close go right ahead, sir, if you have any final comments. Hadlock: Yeah. Sure. So, we will just want to thank everyone for--all the Commissioners and the staff for--for, you know, hearing this project. It has been a privilege again working with the city staff. I just want to make sure everyone knows that. Very willing to work with us and it's very enjoyable to work here and we are really looking forward to the -- this project and looking forward to continuing our work up in Meridian. So, unless someone has any questions I think that's it. I just -- thank you. Fitzgerald: Appreciate it. Thank you. Any additional questions for the applicant or for staff? Okay. Can I get a motion to close the public hearing. Pitzer: So moved. Holland: So moved. Second. Fitzgerald: Multiple motions, multiple seconds, to close public hearing on file H-2020- 0043. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: Okay, team, anyone want to kick this thing off? Pitzer: Mr. Chair? Fitzgerald: Commissioner Pitzer. Pitzer: Yes. I like -- I like the project. I think it has a lot of good qualities. We are -- have a shortage with schools. Being a prep school I think is only -- you know, is -- is an added quality that -- that we need more of. The location of the project is one which is going to be, in my mind, fit right into where surrounding the other neighboring homes that are slated to go in, so I -- I -- I really like the project. Meridian City Council Meeting Agenda June 4,2020— Page 16 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 13 of 50 McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: Yeah. I'm supportive of this. I think it looks good and I think, you know, the concerns -- the little things I think they have already acknowledged did have a plan to work through and, obviously, I would be in support of deleting Item 8-A -- A-8 and letting the applicant and staff work with the arborist on the trees as -- as far as the redesign goes of the asphalt and if they have got a plan I can see if that's the street coming in -- if they have got plans for the neighbor to the north, that that's not going to be a lot there anyway to let that go ahead and work itself out. But I think -- I think they have all done a good job of getting the language in here to get all the bases covered. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I would echo those comments. I -- I think it looks like a -- certainly anytime we have a school or education facility it's a welcome addition to the city, so we are always happy to see more education partners coming in to help with the -- all the kids that we have got. I don't see any big concerns with the requests that the applicant made. It seems to align with a lot of the comments that staff had put in our hearing outline to pay attention to or-- so, they--they brought up pretty much everything. The only thing I would recommend is that they revise the parking lot and drive aisle exhibit before they go to City Council, just so that they can have a clear map of what that's going to look like. Fitzgerald: Yeah. I think the -- the elevations are great. I think it's a great location. I think it will be well utilized. I echo all your comments. But I think there is -- I think they have worked out a plan for all the issues that have popped up and I appreciate they are working with the neighbors to the north, the Toll Brothers development. I think that's just being neighborly and I appreciate that and so I have no concerns. Commissioner Grove, Commissioner Seal, do you have any thoughts? Grove: Mr. Chair? Fitzgerald: Commissioner Grove. Grove: I -- I -- I have no issues with this. It looks good. Echo everything that's been said so far. Fitzgerald: Commissioner Seal, that means you get to make a motion. Seal: That's exactly why I was waiting. Can't have Commissioner Holland do them all. So, after considering all staff, applicant, and public testimony, I move to recommend approval to City Council of file number H-2020-0043 as presented in the staff report for the hearing date of May 28th, 2020, with the conditions as listed. The conditions are on Meridian City Council Meeting Agenda June 4,2020— Page 17 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 14 of 50 8-A-7, the applicant will work with the city arborist to provide tree mitigation plan through the CZC planning or submittal and 8-A-8 they will verify -- or staff will verify that the Creason Lateral is not on the property. If not, then, we will strike 8-A-8 out of the report and for 8-A-9, work with staff on how to provide the ten foot landscape buffer north of Gem Street before CZC submittal. And, then, they will revise the drive aisle to reduce the amount of asphalt and -- and preserve more trees before presentation to City Council. McCarvel: Second. Fitzgerald: I have a motion and a second to recommend approval of file H-2020-0043. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. B. Public Hearing for Franklin Storage (H-2020-0033) by Franklin Storage, LLC, Located Near the Half-Mile Mark on the North Side of E. Franklin Rd., Between S. Eagle Rd. and S. Cloverdale Rd. 1. Request: Annexation and Zoning of 5.143 acres of land with an I-L zoning district to accommodate the future construction of a self-service storage facility. Fitzgerald: We wish Gem Academy -- Gem Innovation School, excuse me, great luck and thank you for joining us in Meridian and we look forward to the future. Okay. Moving to our second item on our agenda, we have Franklin Storage file number H-2020-0033. And, Joe, I will turn it over to you for the staff report, sir. Dodson: All right. Thank you, Mr. Chair, Members of the Commission. Good to see you again. Everybody hear me okay? Fitzgerald: Yeah. Dodson: Okay. Thank you. So, next item on the agenda is Franklin Storage. This site consists of 5.14 acres of land, currently zoned RUT, located near the half mile mark between South Eagle Road and South Cloverdale Road and is on the north side of East Franklin. The annexation proposal is with a requested zoning designation of I-L, light industrial, and this application is only for the annexation and zoning and the associated development agreement. Again, it is not for any specific use. As noted, the subject site is labeled as general industrial in the City of Meridian Comprehensive Plan. This future land use designation allows a range of uses, including warehouses, light manufacturing, flex space and storage units. The applicant has provided a concept plan depicting a desire to build a self storage facility, but staff is not approving this site plan with the application. I just want to be very clear on that. This -- my recommendation of approval -- I guess I gave away the end -- is forjust the annexation and zoning, not for the submitted concept plan. Staff believes that tying this annexation and subsequent DA to a specific Meridian City Council Meeting Agenda June 4,2020— Page 18 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 15 of 50 site plan could create difficulty for both staff and developers in the future. For example, if the concept idea were to change as markets do sometimes dictate, staff believes that a site that is only annexed and zoned is a better fit for the City of Meridian than a property that is tied to a specific self storage site plan. Staff supports this annexation and zoning, but does not believe a self storage facility is the highest and best use of this site. Thus, this annexation is recommended to not be tied to the specific site plan. I hope I made that clear by saying it seven times. Just want to make sure that that is the point of this. This applicant intends to develop the site as a self storage facility, which is a principally permitted use in the I-L zoning district. As stated above staff does not see this as the highest and best use of the property. Nonetheless, staff has reviewed and analyzed the concept plan, but will not be providing conditions of approval to correct any of those issues noticed. Instead, staff offered those comments with any analysis of the staff report. Access to this site is proposed via extension of an industrial collector roadway East Lanark Street. Maybe I can get to the next slide. No? Maybe. Johnson: My screen says it's waiting for you to take control. Abort it and start over. Dodson: Yeah. I don't know how I take control. Johnson: You have control. That's what it says. Dodson: Yeah. It says I have control, but -- there we go. Thank you. Like I said, East Lanark Street is the proposed access to this lot, which is an industrial collector coming from the west. In this depiction north is to the right. This is their concept plan that, again, I am not approving, but it is what was provided by the applicant. A direct lot access -- direct lot access to East Franklin Road will be prohibited, except for an emergency access that is required to meet the two points of access if it is a self storage use. East Lanark Street bisects the subject property and, therefore, requires the property be subdivided prior to future development. Because of this the city will have another opportunity to fully analyze and condition the site plan that will be submitted with that application. In addition, any new industrial or commercial buildings will also be required to apply for certificate of zoning compliance and administrative design review, which gives staff yet another opportunity to review the site plan and its design. East Franklin Road is designated as an entryway corridor on the master street map. Because of this designation buildings should be held to a higher standard than the traditional design standards for industrial buildings. Staff has previously required adjacent industrial buildings to this area to adhere to the commercial building design standards rather than just the industrial. Staff is recommending a DA provision that any future buildings on this site comply with the commercial architectural design standards. There was no written testimony on this, therefore, staff does recommend approval of the applicant's request for annexation and zoning with a requirement of a DA. And that concludes my presentation for Franklin Storage and I will stand for questions. Fitzgerald: Thanks, Joe. Are there any questions for the staff? Seal: Mr. Chair? Meridian City Council Meeting Agenda June 4,2020— Page 19 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 16 of 50 Fitzgerald: Commissioner Seal. Seal: I guess just -- I mean my question is -- and where I live I'm surrounded by storage units, so I just was -- wanted to probe a little deeper as to why this particular spot was kind of flagged as we don't want a storage facility there. Just -- just so -- to help me understand why that is. Dodson: Commissioner Seal, Members of the Commission, it's not -- I'm not trying to dictate what they build here and what they don't build here, it's just -- there is so much self storage in the city already, as you just stated, too. It -- it's more about -- you know, the way I looked at this was we need more I-L zoning. That is something that the city does need and so I'm very supportive of the annexation and the zoning request. I -- again, because of the saturated market -- I'm not an economist, but I -- because of how many self storage facilities we are seeing and how many are even being -- trying to be proposed in pre-application meetings, I just didn't want to tie this to that specific use at this time. If the applicant does decide to come in and subdivide this in six months or three months and they decide we still want to do self storage, then, we will process that application, absolutely, and they have a right to do that. But if they do come back in six months and they say, no, we actually want to do, you know, a piece of it self storage and a piece of it some other kind of industrial use, I just didn't want to tie this DA to that -- this -- this specific site plan if-- if the market changes or the applicant decides to change their mind. So, I do think it gives some flexibility to both the city and the applicant. Seal: Understood. Thank you. Dodson: You are welcome, sir. Fitzgerald: Any additional questions for Joe? Okay. Hearing none, Chris, do we have our applicant -- Hatch: Present. Fitzgerald: Jeff, how are you, sir? Hatch: I'm doing very well, Commissioner Fitzgerald. Fitzgerald: Please state your name and your address for the record and the floor -- or Zoom platform is yours. Hatch: Jeff Hatch with Hatch Design Architecture. Address is 200 West 36th Street, Boise, Idaho. 83714. Thank you for your consideration of our annexation application this evening. A little bit of back history on -- on this project. We were approached by a couple different property owners in this area interested in rezoning this to light industrial for a range of different reasons, for flex buildings, for industrial use, and for storage. Last fall we went in front of the City Council and -- and stated our -- our case for this whole region from, essentially, where our property is to -- to the east to Cloverdale and -- and just kind Meridian City Council Meeting Agenda June 4,2020— Page 20 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 17 of 50 of recommending that that be rezoned in the Comprehensive Plan to the light industrial designation -- seemed to get good positive support from -- from City Council and so in order to --to do a formal annexation of this property they did want us to propose a project. So, self storage is an interest for the -- the current applicant, but he has also entertained doing some flex buildings, especially up against the railway. If you get the right business that needs train access this could be a very vital site for something of that nature. So, in talking with Joe and the staff-- Joe has been great to work with -- keeping -- keeping this annexation open to a variety of industrial uses is -- is really key, both from the city standpoint for flexibility and future adaptation, as well as the property owner. So, we are in favor of the staff report and the facts and findings and really appreciate your time and consideration of this annexation. I will stand for any questions. Or sit. Fitzgerald: Thank you, Mr. Hatch. We appreciate it. Are there any questions for the applicant? Okay. Mr. Hatch, we will see if there is any public testimony. If there -- we will let you close afterwards, so hang with us and we will be back in a moment. Madam Clerk, do we have anyone signed up to testify on this application? Weatherly: Mr. Chair, we do not. Fitzgerald: Okay. So, if there is anyone who wishes to testify, please, raise your hand or signify to the clerk through hitting star nine that you would like to testify. We will pause for a second. Okay. Mr. Hatch, do you want to say anything else in closing or do you have any final words for us? Hatch: The -- working with -- with the city through the Comprehensive Plan last year, especially -- even though it was a -- you know, a multi-year process, it's pretty interesting to see the amount of change in Meridian. I don't know how many roads I have been down where it seems like every single road is dirt, because everything's getting redeveloped and so much new construction. So, just trying to maximize the flexibility for the future I think is -- is a really thoughtful consideration that staff has helped coordinate. So, I want to just reiterate thanks for that. Fitzgerald: Well, we appreciate you being here. I think one of my questions before we stop -- or just before we close, with that bisecting -- with Lanark bisecting this property or the concept of that road bisecting for future access to the land to the east, is that a consideration for you guys? I mean we don't have an approved project plan tonight, but something to bring back that would be something more -- maybe a split. Do you do storage on one and, then, do something with the other side of that that somebody could conceptually think about. Hatch: Yeah. And I may not have conveyed that very thoroughly earlier, but when I had mentioned that that railway access -- we have had discussions with the owner on that northern property, since it is smaller, that being possibly a great use for a flex industrial building that needs rail access or would work well for some -- some sort of industrial structure that's more standalone. So, that is something that's in the discussion. Meridian City Council Meeting Agenda June 4,2020— Page 21 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 18 of 50 Fitzgerald: I think it's just -- yeah. For me I think -- we don't have enough I-L base in this city right now and so using it for something that is -- something like that, like a flex space, would be awesome I think, because we do have massive amounts of storage and may it all be centered around Commissioner Seal's house. Now we know that it's good to know. But I -- just taking that into account as you kind of prepare to go to City Council, just thinking through it, or for future planning, because it will come back before us -- as you have a project plan likely it will come back before us at that point. So, I appreciate it. Thank you. Hatch: Yeah. We will take note of that. Thank you. Fitzgerald: Okay. With that can I get a motion to close the public hearing. Seal: So moved. Holland: So moved. Fitzgerald: I have a motion and a motion. Can I get a second? Holland: Oh. Sorry. Fitzgerald: You are fine. All those in favor of closing the public hearing on H-2020-0033, Franklin Storage, signify by saying aye. Opposed nay. Okay. Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: Thank you very much and the application is properly before the Commission. Any comments starting off? McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: Yeah. I don't have a problem with this one. I do like the wording, though, in the staff report that it remain commercial and architectural design standards being -- especially the Franklin facing part of it. It's kind of-- it's a -- you know, not too far off from one of the major nice commercial corners. So, keep that in mind. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I would just echo what Commissioner McCarvel said I agree with staffs recommendation to move forward with the annexation and zoning, but not the concept plan as presented and that we would follow the need to have a development agreement with the conditions that were noted from staff. Meridian City Council Meeting Agenda June 4,2020— Page 22 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 19 of 50 Fitzgerald: And I think I kind of let my feelings know when I was talking to the applicant, I -- I think there is -- and I did -- Commissioner Holland and I talk about this all time, but there is not enough industrial in the city as it is and so if we can split it up, I don't have a problem with there being storage if that's the direction they want to go, but I think there is a better use of splitting the storage in half, where we could have two really functional uses there, maybe they would serve each other, but I have no problem with the application as -- as you all stated with the annexation and zoning and, then, having them come back with a site plan or a project plan in the future. Commissioner Seal, did you have a thought? Seal: Mr. Chair, just from looking at it I mean it looks -- it's -- it's kind of a slam -- one of those slam dunk ones in my mind. So, everything seems to line up. Staff did a good job in providing some flexibility and the applicant's appreciative of that, so with those things lining up in my mind this is something I would fully support. Grove: Mr. Chair? Fitzgerald: Commissioner Grove. Grove: Echo everything, again, with what's been said. Looks good. Fitzgerald: Okay. That means Commissioner Pitzer gets to make the motion. Pitzer: Okay. I can do that. After considering all staff, applicant and public testimony, I move to recommend approval to the City Council a file number H-2020-0033 as presented in the staff report for the hearing date of May 28th, 2020, as set forth by the staff with no additional modifications. McCarvel: Second. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: Do we need to make a note -- or this is a question for staff. But do we need to make a note that we are recommending approval of the annexation and zoning, but not the concept? Fitzgerald: I think it goes with the -- with the staff report as it is, with the not approved on there, but I will let Joe comment on that real quick. Dodson: Yeah. Commissioner Holland, Members of the Commission, I would agree with the chair. As I have it in my staff report is pretty clear that I'm not approving or not recommending approval of the site plan, so I don't-- I don't know that it's necessary. You are more than welcome to add that little tidbit in there. I'm fine with that. But I don't think it's necessary. Meridian City Council Meeting Agenda June 4,2020— Page 23 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 20 of 50 Holland: No problem. Just wanted to make sure it was on the record. Thanks. Pogue: Mr. Chair, this is Legal. I don't think it's necessary either. Fitzgerald: Okay. Thanks, Andrea. Thanks Joe. So, I have a motion on the table and a second to recommend approval of file H-2020-0033. All those in favor say aye. Any opposed? Okay. Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. C. Public Hearing for Sagewood West Subdivision (H-2020-0038) by Southpoint Estates, LLC, Located at 1335 W. Overland Rd. 1. Request: Annexation and Zoning of 10.41 acres of land with an R-8 zoning district; and, 2. Request: A Preliminary Plat consisting of 53 building lots and 7 common lots. Fitzgerald: Thanks, Mr. Hatch, for being with us tonight. We appreciate it and good luck on when you move to City Council. Okay. Moving on to our third item on our agenda, is Sagewood West, file number H-2020-0038, and, Joe, I will turn it back over to you for the staff report, sir. Dodson: Thank you, Mr. Chair, Members of the Commission. Thank you, Chris, for getting this lined up for me. As stated, the next item before you is Sagewood West. This site consists of 10.41 acres of land currently zoned RUT, located specifically at 1335 West Overland. As you can tell it's approximately a quarter mile east of Linder. To the east some -- you can't really -- no, you can't see it. In the bigger commercial is storage and, then, on the other side of that road is the Walmart and across the street is some industrial property and, then, catty-corner to the right is where I currently live, so -- there is a multi- family over there. So, this application is for annexation and zoning of the said 10.41 acres of land, with a preliminary plat consisting of 53 building lots and seven common lots, of which one is a common drive that is proposed to serve three homes. Next slide, Chris, unless I can do it. Why are you not working? There we go. The applicant is requesting an R-8 zoning designation, which is an allowed designation under the future land use of medium density residential. The proposed density and zoning is also consistent with that of the surrounding development. This development is in close proximity to existing employment and shopping centers, within a half mile, as I stated, is a Walmart, assisted living facility, waterpark, school, and the commercial intersection Overland and Meridian Road. These businesses offer both services and employment opportunities within walking distance of this subdivision. Therefore, staff does find this development to be generally consistent with Comprehensive Plan policies and objectives. There is an existing home on the subject site and will be removed prior to development. The existing home has access to West Overland Road, but this applicant has elected to close that access. In lieu of an access to Overland all access -- all accesses to this development Meridian City Council Meeting Agenda June 4,2020— Page 24 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 21 of 50 are proposed to be extensions of existing local streets, two from the east from the sister subdivision Sagewood Subdivision, on the east and, then, one from the south. In addition to these accesses, staff has recommended a condition of approval to make the proposed common driveway also serve as an emergency only access for the property to the west. Staff is doing this because staff is currently processing -- apologize -- a land use application for a commercial development on the property to the west and interconnectivity is an integral part of both of these applications. That application involves a rezone that is proposing to change the zoning from residential to commercial, because they are already currently zoned R-8. There is no guarantee that that application will be approved and the existing residential zoning could remain. Therefore, staffs condition of approval regarding this is based on whether the parcel to the west develops as commercial or residential. In the very southwest corner of the subject site -- I think you guys can see my cursor--very very southwest a little random sliver, it looks like a splinter, that -- that small sliver of open space is located at the rear of Lot 26, Block 1, and it does not have adequate visibility for emergency and police services. The applicant is currently incorporating this odd sliver of land into their plat to help the surveying mistakes from years past. In discussions with the applicant staff has requested this property owner work with the property owner to the west to transfer this area to them. In doing so this area will no longer be tucked away in a corner and it will be more usable for the property owner to the west. Staff has included a condition of approval for this request and the applicant has agreed to it. The applicant has submitted sample elevations of the proposed single family homes for this project. The single family homes are depicted as both single and two story structures with two car garages and a variety of finish material combination. The homes are also shown with optional enhancements. For example, larger garages or different master-bathroom-bedroom layouts. The submitted elevations appear to meet the design requirements for single family homes. A minimum of ten percent qualified open space meeting the standards in UDC 11-3G-3 is required for this development. Based on that proposed plat of 10.4 acres, a minimum of 1.04 acres of qualified open space should be provided and one at a minimum of one site amenity. The applicant is proposing 1.25 acres of open space or approximately 12 percent, consisting of common lots of open space located on larger lots on the end caps of blocks and along the northern boundary as seen. In addition, the applicant is proposing pathways along the northern property boundary that connect to West Overland Road from within the subdivision and they are using the common driveway as part of that as well. The open space lots at the south end as seen in the landscape plan in the bottom right of the screen, they provide two amenities. This most southern provides a picnic area with public art and the one directly across one of the local streets, more towards the center of the plat, is proposed with some climbing boulders. The other proposed open space within the north area of the development contains the micro pathway and added pedestrian access to West Overland Road. As proposed the linear open space behind the building lots along the -- along the northern boundary does not meet UDC standards for qualified open space, because it is not open on both ends as required by UDC 11-3G-3B. Without this area the amount of qualified open space is reduced to about .9 acres, which is below the minimum ten percent qualified open space. With that being said, the applicant -- since the completion of my staff report, the applicant has sent me a revised plat noting and making some changes with some of my recommendations and conditions. They have amended their Meridian City Council Meeting Agenda June 4,2020— Page 25 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 22 of 50 plat to meet these. The applicant has addressed that condition regarding the linear open space behind Lots 1 through 10 and the emergency access to the parcel to the west. According to the revised plat, this area now appears to meet the open space requirements and should be included in the open space calculations. To be clear on this, this revised plat should and appears to satisfy my question surrounding the amount of qualified open space that I went in detail in my staff report. Your revised landscape plan and open space exhibit should be provided to ensure concurrency through all plans. Staff and Fire have also met and agreed with the location of the emergency access and its dimensions. The applicant, after following me, will provide specifics on what conditions that they intend and would like changed following the submission of this revised plan. Staff recommends approval of this requested accusation and zoning with the requirement of a DA and approval of the requested preliminary plat with the conditions noted in the staff report. And that concludes my presentation. Stand for questions. Thank you. Fitzgerald: Thanks, Joe. Appreciate the information. Any questions for Joe or other members of the staff? Hearing none, Mr. Clerk, do we have our applicant on the line? Mr. Clark, hello, sir. Clark: Hey there. Fitzgerald: How are you doing? Clark: I'm doing great. Fitzgerald: Good evening. Please give us your address -- your name and your address for the record and the floor is yours, sir. Clark: You bet. Hethe Clark. 251 East Front Street in Boise, representing the applicant, and I think Chris has a short PowerPoint for me and I think he's probably loading it up as we speak. There we go. Okay. Well, thanks for your patience as we got that loaded up. This is, again, Sagewood West project. It is an in-fill project near Overland Road. It's a great location, as Joseph mentioned, convenient access to shopping, schools, parks, close to the Meridian Road and freeway interchange. A few points about the site and how it's been designed. This is a 53 unit project, 10.41 acres, with R-8 zoning. It is true in-fill. There are always challenges with -- with in-fill and I think that the applicant's done a great job with this one in trying to account -- address that. I want to emphasize right off the top that the -- the applicant has agreed not to take access off of Overland Road. I think that's a big deal and something that should be acknowledged. Instead the site's designed around three internal existing stubs from the Fall Creek Subdivision on the south and the Sagewood Subdivision on the east and in many ways this is very much functionally -- you could look at this like a new phase of the existing Sagewood Subdivision. It matches the density with a slight transition to what we understand is going to be a commercial -- or is intended to be a commercial project on the west and, then, on the north you have a comp plan designation of commercial as well. The site is designed with an -- with extra amenities beyond what is required by code. Joseph's talked about the pedestrian pathway and pedestrian connections to Overland Road. We intend to have Meridian City Council Meeting Agenda June 4,2020— Page 26 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 23 of 50 common art in -- or a common area art installation, as well as a seating area, climbing boulders, and Joseph's gone into that, so I won't belabor that point. But one thing I would add with regard to the amenities is the project is very much like Sagewood Subdivision to the east. We are in discussions with them about the possibility of annexing and trying to have a common HOA. Those are conversations that can't be completed until after we have an approval, obviously, so we have tried in the meantime to make sure that our amenities are complimentary, but our subdivision does stand on its own. In terms of the legal standards at play, the density complies with the Comprehensive Plan designation of medium density. There are no waivers of standards or variances that have been requested with regard to the lot sizes or the road placements. But as Joseph mentioned there was one thing that we needed to work through with staff and we think we have gotten there and I wanted to give a little bit more background on that. This is a close up of the updated site plan and you can see the location of the Hardin Drain just to --just off to the northeast. This area in our pathway is constrained by the location of that Hardin Drain and, then, we also had a pretty tight connection on the east where Flower Garden Street currently stubs in. So, we did discuss this with staff. We arrived at the solution that you see here. It's my understanding and based on the presentation that staff agrees that this is an appropriate solution. One thing that I wanted to point out, however, and this will relate to the conditions of approval that I will discuss with you in just a moment. We are in -- in discussions with Nampa-Meridian Irrigation District to allow us to put landscaping on the pathway -- on the far side of the pathway just next to the backside of those lots. We have been successful in getting that done with Nampa-Meridian Irrigation District in the past. We don't see any reason why that would not occur here. But that's something that we do need to accommodate for in the conditions of approval. So, here are the conditions of approval and this language that we have proposed to add is the underlined piece, so we would add to the beginning of the condition to be in the event Nampa-Meridian Irrigation District does not permit installation of trees within the easement for Hardin Drain on Lot 11, Block 1, and, then, it would continue as it is currently drafted. That way the city can ensure that there is the ability to put the required landscape in, but it would allow us the flexibility to continue to work with Nampa-Meridian to be able to do that with -- within the existing area that we have identified. Another condition that should be updated would be condition 2-C and condition 2-C is the one that had identified extension of the common pathway in Lot 11. We have taken care of that and it's been reflected in the updated site plan and so condition 2-C would no longer be necessary. So, with that pretty simple and straightforward and I didn't want to take up more time than we needed to. I'm happy to answer any questions that the Commission might have. Fitzgerald: Thank you Mr. Clark. Are there questions for the applicant? Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: Hethe, could you just go back two slides so I can take a quick snapshot of what you said there. Meridian City Council Meeting Agenda June 4,2020— Page 27 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 24 of 50 Clark: Yep. Holland: Thank you. Clark: And I will have a slide at the end, like I typically do, that has all of that in one place. Holland: Appreciate it. Fitzgerald: Hethe, you are -- you are good with the spite strip removal and donate that over to the landowner to the west or conveying that to the landowner to the west? Clark: Mr. Chair, yes, that's correct. Fitzgerald: Okay. Any additional questions? Grove: Mr. Chair? Fitzgerald: Commissioner Grove. Grove: Mr. Clark, is the styling of the houses that you are proposing, will they match what is in the subdivision to the east? Clark: Mr. Chair, Commissioner Grove, that's correct. We are -- we -- we do look at this as an -- as a new phase of the project to the east and we think that they should be coherent and -- and that's -- that's the intent with the -- with the building elevations that we provided. Pitzer: Mr. Chair? Fitzgerald: Commissioner Pitzer. Pitzer: Yes, Mr. Hethe, could you explain to me why is there -- I mean this looks like it would be a young person's subdivision --why there is no playground equipment? I mean I see the climbing rocks, but younger children, et cetera, would not be able to utilize that. Why is there no tot lot or playground equipment that you want to put in with the amenities? Clark: Mr. Chair, Commissioner Pitzer, that goes back to my comments -- and there is a couple of responses to that, but that does in large part go back to my comments about trying to be complimentary to the remainder of Sagewood and to provide additional amenities that aren't already there. I would also add that the Bear Creek Park is just -- is not very far from here as well with additional play facilities. So, the idea is to try to provide something that is complimentary to some of the tot lots and the other play facilities that are already existing. Seal: Mr. Chair? Meridian City Council Meeting Agenda June 4,2020— Page 28 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 25 of 50 Fitzgerald: Commissioner Seal, go right ahead, sir. Seal: Kind of a follow on to Commissioner Pitzer there, looking at the common areas, especially the Block 2 -- looks like Lots 10 and 1 where they are kind of end capped there, I guess I'm a little confused as far as the common area provisioning on that where -- I mean in order to protect kids playing and things like that and keep them off the streets, why wasn't that moved inside of that area and then -- and, then, the homes pushed out? That would have provided, one, a bigger area for kids to play in; two, an area that's more protected from traffic and, honestly, just an aesthetically more pleasing look to the -- to the common areas. Clark: Mr. Chair, Commissioner Seal, these common areas are -- will be -- there will be appropriate fencing. They are placed in locations so that there is easy access and close access for as many people as possible. So, that's the reason for putting them on the end caps, rather than having them internal. You know, beyond that I think that's a -- largely an eye of the beholder question as to whether--whether one is preferable over the other. Fitzgerald: Do you have a follow up, Commissioner Seal? Seal: Yeah. I mean just the common area in this -- in this proposal is just -- it's killing it for me, so -- I mean where we just kind of have the -- the sliver that's up top, you know, there is just a lot of--that common area just doesn't seem to blend in anywhere. I realized it's a funky shaped area that's up here, but I mean there was some talk about -- or there is -- they are going to make that common driveway into an emergency access where, you know, instead of having a common driveway they could have extended a street, shifted the houses, made a better common area with the walking path in back of it and, then, combine those end cap areas into the middle of it to provide better protection for the kids that are going to be playing there. So, I'm -- the layout in the common area of this is just -- it's -- it's killing me. Clark: Mr. Chair -- and I will try to -- I don't think there was a question there, but I will -- but I will try to respond to that. In terms of the -- the -- the road layout on the -- on the northwest, I think Commissioner Seal was referring to the common drive there, that has been something that we have discussed with the property owner to the west. That is intended to go commercial and so a road stub over in that direction is not something that would be appropriate and it's not something that was asked for by the landowner and it's not something that was designated by ACHD. As regards to the open space and the usage of open space, it is concentrated on the south, it's not scattered, and I just disagree with the characterization of it being scattered throughout. A lot of it is -- is concentrated on the south and, then, the pathways on the north, those locations are functionally dictated by the -- by being able to access -- to use those pathways to be able to access Overland and -- but they are pinched in by the Hardin Drain. So, what this comes down to really is just some of the difficulties that you have with any type of in-fill. You have kind of odd dimensions here with the triangular piece and the way it feeds in Overland and, then, trying to work around stubs that are -- were dictated to us and that we have tried to address them as well as we can. Meridian City Council Meeting Agenda June 4,2020— Page 29 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 26 of 50 Fitzgerald: Another questions? Oh, go ahead. Grove: Mr. Clark, where does the trail -- the pathway I guess above Block 1, Lot 1, lead to in the northeast corner? Clark: Mr. Chair, Commissioner Grove, the -- the pathway leads to an existing access and there is a -- there is a pathway area immediately to our eastern boundary that runs north-south. So, it provides access down to the roadway at that point. Grove: Thank you. Fitzgerald: Any additional questions? Pitzer: Mr. Chair? Fitzgerald: Commissioner Pitzer. Pitzer: I'm looking through the reports and I don't see anything on schools. Mr. Clark, do you -- do you have any idea of how this is going to impact the schools in the area? Clark: Mr. Chair, Commissioner Pitzer, we do. West Ada School District has provided comments, so as you know that--that is --that means that there --there is not a comment -- there is not a concern for this body to -- to consider, but we know that that's something that everyone is concerned with with pretty much every application that comes in. It's our -- our understanding that Blue Valley Elementary, which is coming online, would be the elementary school, so a new one that would be in place. Victory Middle is the middle school and it does still have capacity. Meridian High School is -- would be the assigned high school and it also has capacity. Pitzer: Follow up. Fitzgerald: Go right ahead, Ma'am. Pitzer: Thank you. What -- what is your timeline for getting this subdivision going -- for completion? Clark: Mr. Chair, Commissioner Pitzer, likely next year for when -- that's when homes would be ready. Obviously, this is the preliminary plat phase. We still have to do final pave -- do all those sorts of things. So, we wouldn't -- we wouldn't have homeowners until '21. Pitzer: Thank you very much. Appreciate it. Fitzgerald: Any additional questions for the applicant? Okay. Hethe, we will see if there is any public testimony and we will come back to let you close, sir. Meridian City Council Meeting Agenda June 4,2020— Page 30 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 27 of 50 Clark: Thank you. Fitzgerald: Madam Clerk, do we have anyone who would like to testify on this application? Weatherly: Mr. Chair, we do not. Fitzgerald: Okay. If there is anyone who would like to testify, please, signify by raising your hand or hitting star nine, letting the -- on your phone and letting the clerk know that you would like to testify and we will give you a little pause here. Seeing or hearing none, Hethe, do you have any additional comments before we close, sir? Clark: Mr. Chair, no. I would just emphasize that this is certainly within the Comprehensive Plan densities. It--there are no waivers or variances that are requested. Appreciate everyone's attention to it and I'm happy -- if there are other questions, though, I would ask that we get a chance to address them before you head to deliberation. Fitzgerald: What -- how are the conversations with the existing HOA going? Is that looking like it's going to be positive? Clark: So far the -- Mr. Chair, so far the conversations have been positive. You know, I think that there are -- when it comes to HOAs there are always economies of scale that, you know, if you can bring on more lots you can reduce overall HOA fees. So, yeah, we are -- we are -- we are hopeful that that will move forward and -- but in the meantime, you know, this -- this can stand on its own. Fitzgerald: Thanks, sir. If there are no further questions for Mr. Clark, can I get a motion to close the public hearing? Pitzer: So moved. Seal: Second. Fitzgerald: I have a motion and a second to close public hearing on H-2020-0038, Sagewood West. All those in favor say aye. Any opposed? MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: Okay. The application is properly before you all. Anyone want to kick off? McCarvel: Mr. Chair? Fitzgerald: Commissioner McCarvel. McCarvel: I actually -- I agree with Commissioner Seal. You know, I would like to see the open space -- a little more usable area, but I don't think it's a deal killer for me with this in-fill. It's always a tough insert there and I think it tries to follow, you know, the Meridian City Council Meeting Agenda June 4,2020— Page 31 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 28 of 50 pathways as best it can and with the property to the west going to be commercial, you know, just the emergency access off that driveway I guess is really all that's needed. In an ideal situation I would like to see the open space be more usable, but I guess in this in-fill -- you know, kind of is is what it is and with the park being -- and school ground being so close, I think I would be in support of it. Grove: Mr. Chair? Fitzgerald: Commissioner Grove. Grove: I don't have any real concerns with this project. I agree in-fill seems to be, you know, much more restrictive in how -- how you can get to the same final product, but kind of zooming out and thinking like this as -- as they have said, a phase two of what's already there, rather than viewing it only through the prism of what is presented, it -- it seems to balance out what is currently there and I'm in favor of it as -- for the most part. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I would agree. I mean I -- I always struggle with pieces like this, especially when the northern part of it was designated commercial originally, but I think with where the lateral runs it makes sense to have this be part of the residential, so I don't have any big concerns there. I certainly like having more consolidated open spaces as well and would have liked to have seen that kind of in that middle island chunk, as Commissioner Seal had suggested, but I understand why they put it on the end caps. Part of it's that the roadways might be funky and you may not be able to actually fit lots there as easily and they were trying to maximize making, you know, the entrance pretty and still having walkability around the subdivision and having kind of some common areas for people on both sides. I think, again, you have got to look at it more than just this section of homes, that you have got to look at the overall picture about how it plays in and how it fits in. I imagine that, you know, people will walk to the -- walk around the neighborhood to some of the other bigger pocket parks or tot lots that exist and, you know, the boulders are kind of cool, they are something different and kids love climbing on things, so when you have a boulder that's actually able for them to climb on, not just an art feature, kids will climb on them. So, I don't know that I have any big concerns. The only other thing I was going to note, actually, with the emergency access drive, I still always hate seeing three lots off of one of those drives, because it always gets tricky when you get to the cul-de-sac and you got to figure out where you are going to put trash carts and getting people in and out of there, especially if someone's got a big truck or something like that, so it's not my favorite, but it's not something I would restrict, it's just a comment. Fitzgerald: I tend to agree with your comments on boulders, because that's where my kid goes first. Yeah. No, I -- I appreciate Commissioner Grove's comments about overall picture, because I think if you do zoom out the -- the school is so close and I appreciate them working with landowners to the west, cleaning up certain things that need to be Meridian City Council Meeting Agenda June 4,2020— Page 32 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 29 of 50 cleaned up with the -- for the city, which is appreciative. In-fill is difficult and I know we have talked about it numerous times about making sure common area is close by folks and it's all centered into one area. So, I think we have -- we have -- we may be sending challenging messages back and forth at times, because I think this does give the north and the south a common area to utilize to go throw a baseball or a football around and have a -- an area to sit. So, that doesn't concern me as much. And I do appreciate how much it matches up with the neighborhood nearby. The lot lines are almost identical and so we are not having neighborhoods coming in and saying like this is not the density we are looking for. So, I -- I appreciate that and I think -- I do appreciate not having access onto Overland as well. That's a road that doesn't need anymore access and I think as that place grows -- now that we know Joe lives over there, it's going to get busy -- busier than it is right now. So, I appreciate them utilizing roads that already exist and not having another connection there. So, those are my thoughts. Pitzer: Mr. Chair? Fitzgerald: Commissioner Pitzer. Pitzer: Well, this is one of the better ones that I can hang my hat on. You know, transition is not an issue. It does seem to be just an extension of another phase. But to me the -- and -- and I like -- and I like that the homes -- the single family homes. The access on the shared drive -- I'm not sure what else you would -- you would do with that. So, again, although we might not like them, they are probably a necessity in this case. I still have a problem with the open spaces, like it -- it's in four or five -- six different areas in order to make their open space. It would be nice if they took that one lot towards the -- in the middle on the northwest and could, you know, maybe omit that lot and put in the tot lot and a little more open space, so it's a little more centralized. Yeah. Yeah, you would lose a lot, but you would gain a lot as far as -- as the amenities. And those are my thoughts. Fitzgerald: Commissioner Seal? Seal: Well, Mr. Chair, yeah, again, the open space -- and I realize there is -- you, know it's in the eye of the beholder, but just -- my biggest concern about that is the safety of kids playing out there where you have it on the end caps and you have traffic surrounding it, that to me is -- that's not that safe. For me it's -- it's not -- I guess it's not looked at with the eye of safety. So, if you took those and put them in the middle, then, that would create a lot -- you know, a safer place for kids to play. And adults. So -- as we try to be kids. The rest of it looks really good. I do really appreciate the applicant verifying all the school information. That was extremely helpful for me. I like the fact that they, you know, aren't taking access off Overland Road. They conceded that right away. Everything else matches up really good. And in-fill is tough and I --and I realize it's tough and I understand this is kind of a funky layout, you know, and they got that sliver that they are trying to accommodate into it down south in a lot. So, they have done a really good job with -- with, you know, fitting everything in there, it's just --just the common areas there that are out on the end -- end caps are my only real -- real big concerns on this. And to follow on, I struggle with any kind of verbiage that would put them in a place to reconstruct it, so -- Meridian City Council Meeting Agenda June 4,2020— Page 33 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 30 of 50 considering how everything else fits in really well. So, unless anybody else has something to add, I can take -- go ahead and run a motion on this one. Fitzgerald: Motions are always in order. Go right ahead, sir. Seal: Okay. After considering all staff, applicant, and public testimony I move to recommend approval to the City Council of file number H-2020-0038 as presented in the staff report for the hearing date of May 28th, 2020, with the following modifications: That 2-B be modified to state that if Nampa-Meridian Irrigation does not allow for landscaping, that the northern lots be modified along the pathway to accommodate proper landscaping. Same with 3-C. And, then, to delete condition 2-C, since that has been fixed with a modified plat plan. McCarvel: Second. Fitzgerald: Okay. I have a motion and a second to recommend approval of file number H-2020-0038. All those in favor say aye. Any opposed? Okay. Motion passes. Thank you very much. Thank you, Mr. Clark. We appreciate you being with us tonight and good luck. MOTION CARRIED: SIX AYES. ONE ABSENT. D. Public Hearing for Midgrove Plaza (H-2020-0029) by Arthur Berry, Located at 1450 E. Franklin Rd. 1. Request: Rezone of 1.96 acres of land from the I-L to the C-G zoning district; and, 2. Request: A Preliminary Plat consisting of 6 buildable lots on 12.84 acres of land in the C-G and I-L zoning districts. Fitzgerald: Moving on to the next item on our agenda is file number H-2020-0029, Midgrove Plaza, and I believe I'm handing this over to Ms. Allen. Sonya, you're with us? Allen: Yes. Thank you, Mr. Chair, Members of the Commission. The next application before you is a request for a rezone and a preliminary plat. This site consists of 12.84 acres of land. It's zoned I-L and C-G and it's located at 1450 East Franklin Road at the northwest corner of Franklin and Locust Grove Roads. Adjacent land use and zoning. To the north are the railroad tracks and industrial property, zoned I-L. To the south is Franklin Road and vacant undeveloped land, zoned I-L. And rural residential properties zoned R-40. To the west is industrial property, zoned I-L and to the east is Locust Grove Road and undeveloped industrial property across the road zoned I-L. This site was annexed in 1996 without a development agreement. A conditional use permit and a plan development was also approved at that time that has since expired. The Comprehensive Plan future land use map designation is commercial on the southern 5.8 acres and Meridian City Council Meeting Agenda June 4,2020— Page 34 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 31 of 50 industrial on the northern proximity seven acres. And if the clerk could tell me how to get the next slide, please. Fitzgerald: You are rolling through pretty fast. Allen: Oh, I think it's my internet that's the delay. I'm sorry. Johnson: Sonya, I took you back to the initial and now you are on the rezone preliminary plat landscape. Allen: Thank you so much, Chris. I guess it was just the delay and I got a little impatient. Thank you. So, the rezone is for 1.96 acres of land from the I-L to the C-G zoning district. The area proposed to be rezoned is designated as industrial on the future land use map. Because future land use map designations are not parcel specific and adjacent abutting designation when appropriate and approved as part of a public hearing with a land development application may be used without an amendment to the map. The applicant requests the abutting commercial designation applied to the proposed area to be zoned C-G as shown there on the map on the left. Because the rezone is proposed to coincide with proposal lot lines, so that two zoning districts don't exist on one property, staff is amenable to the request. At this time no buildings or users are planned. The property is proposed to be subdivided and infrastructure installed for future development. The property is intended to develop with commercial and industrial uses as allowed in the C-G and the I-L zoning districts. A preliminary plat is proposed as shown in the middle there, consisting of six buildable lots on 12.84 acres of land in the C-G and I-L zoning districts. Access is proposed via two existing curb cuts on Franklin Road. The access closest to the intersection will be restricted to maintenance vehicles from the city, NMID, or other authorized entities and will not be used by the public and for existing curb cuts on Locust Grove Road. Only the two middle accesses on Locust Grove are approved by ACHD. ACHD has also approved the access driveways via Franklin Road with the western access signed right-out only, with full access into the site until such time as the center median is constructed in Franklin, with the eastern access gated and restricted to service vehicles only. A cross-access ingress-egress easement is required between all lots. Five Mile Creek bisects the southwest corner of this site and is required to be left open as a natural amenity. A 14 foot wide multi-use pathway is required along the east side of the creek, which will serve a dual purpose as a utility service road. A 25 foot wide landscape street buffer is required along both Franklin and Locust Grove Roads, both arterial streets. Because development is not proposed at this time, concept building elevations were not submitted. Future structures are required to comply with the design standards in the architectural standards manual. Written testimony has been received from Ben Semple, the applicant's representative, in agreement with the staff report and staff is recommending approval with the conditions in the report. Staff will stand for any questions. Fitzgerald: Thanks, Sonya. Are there any questions for staff? Seal: Mr. Chair? Meridian City Council Meeting Agenda June 4,2020— Page 35 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 32 of 50 Fitzgerald: Commissioner Seal. Seal: Just a quick observation on the preliminary plat. It looks like there is a pretty big slope to the whole thing in the --what would be the middle northwest corner there. Is that something that's of concern or that's a swamp area or something along those lines that needs to be considered? Allen: No. No concerns there. Most of that area is within a conservation easement area. But, no, if-- I'm trying to remember if that was in the floodplain at all there. Just a moment. Seal: Yeah. That was part of my concern was just it looks like it's a big swamp or a large hill, but -- Allen: Yeah. Since a portion -- since a portion of the site is within the -- within that area is in the floodplain, so it would require a floodplain development permit for any development that encroaches in that area. Seal: Okay. Thank you. Allen: Yes. Fitzgerald: Any additional questions for staff? Okay. Mr. Semple, are you with us, sir? Semple: Yes, I am. Fitzgerald: Well, please, state your name and your address for the record and the floor is yours, sir. Semple: Okay. Ben Semple with Rodney Evans & Partners, 1014 South La Pointe Street, Boise, Idaho. 83706. Sonya did a really good job of explaining the project at this point and I would like to, you know, basically reiterate it's a six buildable lot preliminary plat with the rezone. The reason that we are requesting that rezone is just to bring the land use into conformance with the future land use map, as well as the future parcel lines, so that we don't have multiple zoning designations on a single lot. To touch on -- to kind of address the comment from Commissioner Seal, that -- the portion on Lot 6 1 think is what you are talking about north of Five Mile Creek in that northwest corner. Currently that's stockpiled soil. There is an access -- a shared access easement with Basalite that is immediately to the west here. That is through an extension of Lanark that comes from the east. You can see that it's kind of the one that runs just north of Lot 3. So, between Lots 2 and 3 and I believe that's just spoils from stockpiling different earthmoving activities around here. A portion of Lot 5 on the southwest portion is the portion that is subject to the conservation easement that is part of a constructed wetland, as well as Five Mile Creek. As Sonya stated, we are in agreement with the staff report. We have been in conversation with ACHD regarding accesses to both Locust Grove and Franklin. Another point on the Franklin Road entrance to Lot 5, that southwest corner, there is a road trust that will be paid to ACHD for the construction of that center median if the property on the Meridian City Council Meeting Agenda June 4,2020— Page 36 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 33 of 50 south side of Franklin redevelops. Currently it's -- it's vacant land down there. Or if the property immediately to the west of that lot which, is part of Basalite's property, if that redeveloped and cross-access was granted from that property, then, we could close that entrance off of Franklin Road to provide access from there -- from the west, assuming there was a cross-access agreement. It looks -- we are -- you know, the other portions of the staff report they talk about the -- you know, extending the landscape buffers across the driveway approaches to be closed. We obviously agree with that and we will show that on our -- our future plans, as well as the 14 foot pathway. One of the -- I guess I will go back, sorry, to Lot 5. The cross-access -- what we didn't want to propose on that one is crossing Five Mile Creek at all. I think that just opens up a big can of worms when dealing with Nampa-Meridian and everyone else that is involved with an open creek like that and we -- we believe it provides a really good amenity to leave it open, obviously, as well as the pathway there is part of the regional pathway plan for the City of Meridian that would be extended in the future to the north, assuming the property that Basalite is on redevelops. And with that I would stand for questions. Fitzgerald: Thank you, Mr. Semple. Are there any questions for the applicant? Commissioner Seal, did he get all the questions -- or answer the questions you had? Seal: Absolutely. Thank you very much. I appreciate that. Fitzgerald: Perfect. Mr. Semple, we will see if there is any public testimony on the application and we will let you close in a few minutes, sir, if that works. Semple: Thank you Fitzgerald: Thank you. Madam Clerk, do we have anyone signed up to testify on this application? Weatherly: Mr. Chair, we do not. Fitzgerald: Thank you very much, ma'am. Again, if there is anybody who would like to testify that's on the phone or on Zoom, please, raise your hand or hit star nine on your phone and we will give you a second to chime in before we close the public -- or let the applicant close the -- part of the presentation. Seeing no one chiming in, Mr. Semple, do you have any final words for us, sir, as we -- before we close the public hearing? Semple: You know, just looking forward to being able to provide some additional lots. You know, I have been here during the whole hearing and -- and it's obvious that there is some uses here that would benefit the City of Meridian just in general -- in terms of development. This is a really active corner in Meridian and to get this split up and allow for some future uses and users in here I think is extremely beneficial, you know, knowing the range of uses available within the C-G zone and I-L zone and just looking forward to it. Fitzgerald: Well, we appreciate you being here and thanks for the presentation. Meridian City Council Meeting Agenda June 4,2020— Page 37 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 34 of 50 Semple: Thank you. Fitzgerald: With that can I get a motion to close the public hearing? McCarvel: So moved. Seal: So moved. Second. Fitzgerald: I have a motion and a second to close public hearing on H-2020-0029. All those in favor say aye. Any opposed? Okay. The motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: And the application is presently before you -- or properly before you. McCarvel: Mr. Chair? Pitzer: Mr. Chair? Go ahead, Rhonda. Fitzgerald: Go ahead, Commissioner McCarvel. Go right ahead, ma'am. McCarvel: Well, I think this is another one that -- with as many things that are on the agenda I'm glad that we have a few easy ones. I think this looks good. It's just kind of some cleanup and makes sense to have those parcels have the similar zoning. I would be -- I'm in support of it. Fitzgerald: Commissioner Pitzer, go right ahead, ma'am. Pitzer: Thank you, Mr. Chair. I echo Rhonda. It's nice to have a simple one now and then, but this -- this seems like a no brainer. I look forward to seeing some -- something go in there. Right now every time I drive past I see maybe a hundred geese on the property, so I'm anxious and I'm supportive of-- of this application. Fitzgerald: Yeah. I kind of had the same question that Commissioner Seal did, but this one's pretty simple in my mind, too. I think that something -- a nice commercial product will go in that corner -- on a hard corner and so I think it makes sense and I'm -- I'm in favor as well. Grove: Mr. Chair? Fitzgerald: Commissioner Grove. Grove: I have nothing to add. Fitzgerald: I think you should make a motion then. Meridian City Council Meeting Agenda June 4,2020— Page 38 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 35 of 50 Grove: Cool. I can do that. Let me make an easy one. All right. After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number H-2020-0029 as presented in the staff report for the hearing date of May 28th, 2020, with no modifications. Holland: Second. Fitzgerald: I have a motion and a second to recommend approval of file number H-2020- 0029, Midgrove Plaza. All those in favor say aye. Any opposed? Motion passes. Thank you, Mr. Semple, for being here tonight and good luck. Appreciate you working with the city on that. MOTION CARRIED: SIX AYES. ONE ABSENT. E. Public Hearing for Ascent Townhomes (H-2020-0039) by Schultz Development, Located on the North Side of W. Franklin Rd., Midway Between N. Black Cat Rd. and N. Ten Mile Rd. 1. Request: Annexation of 5.25 acres of land with an R-15 zoning district; and, 2. Request: A Preliminary Plat consisting of 43 buildable lots, 13 common lots and 1 other lot on 4.97 acres of land in the R-15 zoning district. Fitzgerald: And, then, last item on the agenda is Item 5-E, Ascent Townhomes, file number H-2020-0039, and let's start with the staff report. Sonya, it's all you, ma'am. Allen: Thank you, Mr. Chair, Members of the Commission. The last application before you tonight is a request for annexation and zoning and a preliminary plat. This site consists of 4.97 acres of land. It's zoned RUT in Ada county and is located on the north side of West Franklin Road approximately a third mile east of North Black Cat Road. This site is surrounded by rural residential properties, zoned RUT and R-1 in the county. This may look a little familiar to you. This -- there was a previous development application before you earlier this year on this property for a multi-family residential development that was withdrawn by the applicant before it went to City Council. The Comprehensive Plan future land use map designation is medium high density residential and that calls for eight to 12 units per acre and it is within the Ten Mile interchange specific area plan. Annexation of 5.25 acres of land with an R-15 medium high density residential zoning district is requested consistent with the medium high density residential future land use map designation for this property. The applicant is proposing to develop the site with a mix of 39 townhome units and four single family attached units, at a gross density of 8.65 units per acre, consistent with the uses and density desired in the medium high density residential designated area in the Ten Mile plan. A preliminary plat is proposed consistent 43 buildable lots, 11 common lots, and one other lot on 4.97 acres of land. This is Meridian City Council Meeting Agenda June 4,2020— Page 39 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 36 of 50 proposed to develop in one phase. One temporary right -- right of way access easement is proposed on Lot 9, Block 6, via West Franklin Road. Two local stub streets are proposed to the west and two are proposed to the east for future extension and interconnectivity. The temporary right of way easement is required to be released when a local street connection is constructed to this site from a neighboring development. At such time the access will be restricted to emergency and pedestrian access only. Twenty foot wide public alleys are proposed for access to the rear loaded units fronting on North Ascent Avenue, the main north-south street. The Purdam Drain runs along the northeast boundary of this site within a 25 foot wide easement on this property. The drain is proposed to be piped with this development. A 25 foot wide landscape street buffer is required along Franklin Road. A 35 foot wide buffer is proposed exceeding UDC standards. Because this site is below five acres in size, it's exempt from UDC standards pertaining to qualified open space and site amenities. However, the applicant did submit a qualified open space exhibit as shown in the middle there that depicts .55 of an acre or 11.5 percent qualified open space, consisting of a large open grassy common area, half the street buffer along Franklin Road, and parkways along the detached sidewalk in front of the alley loaded homes. This calculation will actually be greater as staff is recommending detached sidewalks with landscaped parkways are provided along all internal streets in accord with the design standards in the Ten Mile plan. A children's play structure is proposed as an amenity for this site. The applicant is required to provide off- street parking based on the number of bedrooms per unit in accordance with UDC standards. UDC does not require on-street parking be provided,. Although the UDC doesn't require it, the applicant did submit an exhibit showing a total of 32 spaces available for guest parking along the main north-south street, North Ascent Avenue, as shown, which should be sufficient to serve the development. Conceptual building elevations were submitted for the proposed single family residential attached and townhome units. These are the single family attached units. Two units attached before you. Revised elevations were submitted today that include separate garage doors for each garage space with a higher quality of design and roof brackets as design elements as recommended by staff in accord with the design guidelines in the Ten Mile plan and that the revised updated elevations are what's being shown on the presentation tonight. Building materials consist of a mix of horizontal and board and batten siding and a variety of colors with stone veneer accents. Dwelling units range in size from 1,400 to 1,600 square feet. Each alley loaded unit has a front porch and each front loaded unit has a covered patio, but not a front porch as required. Based on the Ten Mile plan, which requires garages that are accessed from the front to be located no less than 20 feet behind the primary facade of the residential structure, staff recommends revisions are made to the plat and elevations prior to the Council hearing to comply with this requirement, which should also allow for front porches to be provided for these units as desired in the plan. So, these are the -- the units that are alley accessed that are -- that are fronting on the main north-south street. Written testimony has been received from Mark Bottles, the neighboring property owner to the west. He is in support of the density and housing types proposed, but was not originally in support of the original location of the northern stub street to the west as the location did not facilitate future development of the vacant parcels to the west. The applicant has since revised the plat to shift the stub street further to the north and Mr. Bottles is now in full support of the project. Another Meridian City Council Meeting Agenda June 4,2020— Page 40 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 37 of 50 written testimony was received -- received by Matt Schultz, the applicant's representative, and it's in response to the staff report. He is requesting a waiver to the requirement in DA provision A-F, which requires front loaded garages to be located no less than 20 feet behind the primary facade of the residential structure as previously mentioned. He also asked for clarification on whether or not the entry monument would satisfy the requirement in the development agreement provision A-G for public art to be provided in the streetscape along Franklin Road. In response if the app -- if the monument includes a high quality design and includes a public art as described in the Ten Mile plan, it could qualify, but they would have to present that for review by staff. Staff is recommending approval with the requirement of a development agreement per the provisions in the staff report. Staff will stand for any questions. Fitzgerald: Thank you, ma'am. Are there any questions for staff? Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: Sonya, the -- the request that they have got for provisions of changes in the DA, is that something that's just handled at the City Council level or is that something that we should weigh in on? Allen: It is a City Council call, but you can certainly weigh in on it as the Commission, yes. Holland: Thank you. Fitzgerald: Any additional questions for staff? Seal: Mr. Chair -- this might be for the applicant as well, but what is the plan when the access to Franklin Road is -- is shut off with -- I mean since that's going to be the art that they are providing, is there any kind of provision that that art is mobile, for lack of better terminology? Allen: Chairman, Commissioner Seal, that -- the art would just be in the street buffer there along Franklin. That's not going away. The access drive -- the temporary one will become an emergency access only and pedestrian access, which will be -- have a bollard or -- or something of the sort to prevent public access. Seal: I will ask a silly question -- follow-up question on that. Is there anything preventing the subdivision -- I mean I guess it would be the HOA at that point, because they own that land -- from developing that into a couple lots or does that belong to ACHD or how does that work? Meridian City Council Meeting Agenda June 4,2020— Page 41 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 38 of 50 Allen: Chairman, Commissioner Seal, the -- the development agreement is going to tie future development to the proposed preliminary plat. So, it is not shown as a buildable lot. So, that's what guarantees that it won't become one in the future. Seal: Okay. Thank you. Holland; Mr. Chair? Fitzgerald: Commissioner Holland, go right ahead. Holland: If I can ask another silly question. So, on the conceptual building elevations and perspectives that they provided they have got a number of different colors that they have provided in there. Is that still going to go to further design review with staff? I -- it might just be a personal preference and everybody's got different design styles, which is why there is a number of different products, but I wasn't a big fan of the brown accents when you looked at some of the other pictures, the way that they looked on there. Allen: Chairman, Commissioner Holland, yes, it will go through administrative design review. Holland: Okay. Thank you. Fitzgerald: Any additional questions or follow up? Thanks, Sonya. We will kick it over to Matt and we will bring it back to the questions. Mr. Schultz, are you with us, sir? I think you are on mute. Schultz: Can you hear me now? Fitzgerald: I can hear you now, sir. Schultz: All right. Can you see me? Fitzgerald: Not yet. If you would like to -- Schultz: I don't know if that's important, but, you know, just making sure. Fitzgerald: Please give us your name and your address for the record and the floor is yours, sir. Thank you, Commissioners. Matt Schultz. 842 South Ten Mile in Meridian on behalf of T&M Holdings. Last time we were before you on this project -- long story short things didn't go too well. We had a project that -- that I think everybody liked, but not in this location. Challenging access. Some design considerations that even if we could have overcome those there was a statement made by Commissioner Holland and echoed I think by everybody else in the recommendation for denial that -- how does this site fit in with everybody else around you and I couldn't argue with that at all and I knew going forward to City Council there was no way we were going to be able to overcome the why don't you just wait for a bigger assemblage of properties, so we can kind of see how -- Meridian City Council Meeting Agenda June 4,2020— Page 42 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 39 of 50 how the access is going to work and so we withdrew the application. Frankly, didn't know what we were going to do for a couple of weeks. We hate to walk away from a property on a fully developed road with utility stubs and a great location. Great -- great zoning and good comp plan set up. No neighbors per se that are against multi-family, which is a shock. Really -- I mean -- or higher density if you will. So, we kind of shook it -- shook it off and got some ideas from some neighbors of maybe how we could attain that target density, which is very important to the City of Meridian in the Ten Mile plan. First time we looked at this, even before the apartments, we did a -- we did a detached townhome layout and came out about six to the acre and Meridian was like, you know, it's not meeting our target. Then we went to the apartments and here we are kind of meeting in the middle and the only way to get to eight in my -- geez, 25 years of experience, like I say, is to -- is to do something attached, do something creative like this. I think it's worked out pretty well actually. I was kind of -- I wasn't too optimistic when I first started laying lines on paper how it was going to work out. The access is a challenge and the challenge is -- is that since Franklin Road is a -- is a major arterial, spacing is limited to every quarter mile, every 1,320 feet. That is ACHD's rule. This particular entrance is 660'ish feet from either side, which is still a long ways, but it doesn't mean they are spacing for a major arterial. They gave it to us with the apartments, because the streets went nowhere. It was only 72 apartments. They generate less traffic than homes, blah, blah, blah. They gave us a waiver. On this one I wasn't so sure, but I said, hey, what if we do public roads with all connections -- in four directions, which is -- kind of speaks to how this thing connects in the future and, then, when -- there is the 20 acre parcel north of us that also controls that 40 foot spite strip, if you will, to properties to the west, that when that does redevelop that -- that -- that -- that -- that northeast connection there connects to that property, which it's about 150, 200 feet over only to the -- the Entrada Farms connection that's there today and they have a -- a legal access, if you will, that meets spacing on Franklin, so at that point that's when the -- the access for ours gets converted. It's -- it's -- it's not owned by the HOA, it will be -- it will have a temporary access easement across it. We will work through the legal aspects of that with ACHD with a develop -- with an agreement with them. They have set aside or required us to set aside I think 9,000 dollars, so at some point in the future that can go in and be bollard -- bollarded for Fire and pedestrian only. I think it's a good solution. Six sixty is pretty good -- pretty good safety. Thirteen twenty is obviously better. And I think since it's temporary -- quote, unquote, temporary -- we don't know how long that is, but there is a -- there is some money set aside for that to be done -- if we are long gone. So, I think that works on the access and ACHD did approve that. Another thing that came up last week was Mr. Bottles contacted me and says, hey, Matt, I know I didn't show up last time, but it sure would be nice if you extend your stub street to us and if you look it's kind of a stair step from the east to the west up. It used to just go straight across with a common driveway going north into that top corner. I mean I wasn't too sure that was going to work out without major problems, but it worked out in terms of-- we were just able to flip four units from the north to the south that were on a common drive, now they are on a public alley, which I think everybody agrees is probably better than what we had and it actually lines up where he wants it and there is -- on the record that he's in support and the one quirk on that was I told them, hey, this is going to take a waiver from ACHD, because that -- that stair step offset by ACHD policies is supposed to be 125 feet. It's only 105. ACHD grants these Meridian City Council Meeting Agenda June 4,2020— Page 43 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 40 of 50 waivers of their policy all the time for site -- for very specific situations and in this case that is in their staff report that they have approved that waiver of that step -- step up if you will, that's a little bit less than their standard, but they still see it as a -- as an okay design. One of the things we knew that was important for the Ten Mile plan was that we de- emphasized the garages and how you do that -- and how it's been done all over the Ten Mile plan to date is you -- you do a percentage of your site with -- without. I'm not sure how much Southridge has for percentage. I know Baraya, which I'm working on, has 30 -- 33 percent. They have about a third of their site alley loaded. The -- the Hensley's -- Hensley Station project to the northwest of us up on Black Cat, they have got about 48 percent of theirs alley loaded. We have 65 percent. It's kind of dictated by kind of what I explained last time with the -- what prevented us from doing the standard subdivision and this still is not standard, by the way, but it's a little bit closer in that -- the reality you want a fronting road or a view and, then, another road and another alley and our design is a little bit inefficient from a developer standpoint in that the -- the alleys only serve one row of houses, instead of having some on both sides and if we had a bigger site we could -- we could make -- we could have a more efficient layout, but I think from a city standpoint and the Ten Mile plan standpoint it's a benefit in that if you drive down that alley you only have half the number of garages that you would normally see on a -- on a standard alley where you have them on both sides. So, this is only on one side each. Where we -- where we have some inability to meet the exact terms of the Ten Mile plan --which I don't think is a big deal, seeings how we -- 65 percent of our site does meet it exactly. It's these ones along Franklin that -- that those same units, if Franklin was a lesser classified road, could just walk out onto Franklin, you know, basically that road behind it could be your private road slash alley and you would just walk out onto Franklin, but, you know, I -- I don't want to do it. City of Meridian does the -- really doesn't want to do it. They would rather have a berm and a fence and the backyard there and so those -- therefore, those are considered our front loaded -- more of your standard homes -- not really standard, because they are attached, but the front, not alley, and, then, we have got a couple -- a couple attached --they are not duplexes, because they have got zero lot line, but we have got two in a couple of these little corners, which -- which also don't meet it, so -- so, those are your 35 percent that aren't alley loaded. We have 65 percent that are. Another design feature is the detached sidewalk parkway strips. We did that right off the bat going north- south, our main entrance. Parking is allowed it's. Wide enough for parking allowed. Plus you had --we had enough room for an eight foot park strip and, then, you know, setbacks, very nice entryway and, then, the side east-west streets -- when I first laid it out I thought, man, we will just -- we will allow parking on those, because -- you know, make them attached and it's just not as important to make them detached and Sonya in writing up her staff report said, Matt, can you -- can you make those detached and in looking at our dimensions and how it works, I believe we can. So, that's why we have agreed with that staff condition that we make those east-west streets to be attached and we are going to make them narrower, because ACHD says, well, you can't park on those anyways, there is too many intersections, so if you can't park on them anyways why am I making them extra wide for parking. So, we are going to narrow them up, give that room back to park strips on those east-west streets and so we will have a hundred percent park strips. We did not need to do the playground from a -- you know, 4.97, splitting hairs, we live and die by statistics. I get it. And I could have came in here and said, neener, neener, we are Meridian City Council Meeting Agenda June 4,2020— Page 44 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 41 of 50 not going to do it. But I think it was really important for our sales and marketing, site quality, price of homes to have a high quality play structure. Now, how many kids are going to be in here I don't know quite yet. Could we have done a sitting area or something else? Yes. But we just thought this -- this is actually the more expensive option. I -- you know, half in jest and half seriously I would say this is artwork, but -- you know, since -- since we didn't need an amenity, hey, this is our -- this is our art work amenity. It's -- it's modern art and, like I said, I'm about half serious and half not, but what we have here is we gave the architect a blank check to say, hey, design this up cool, something nice, not brown. I didn't tell them not brown. I should have. But I have just seen these in the last couple of days myself. Let's meet all the little architectural issues that we need to make these high quality, make them meet the Ten Mile plan as best we can, given the constraints we have, hit the density, have the alleys, have the open space and have all these -- have the connectivity, have the roads, all those things and I think they have done a really good job. Some of the grounds I agree. I didn't tell him what to do, but it does show a variety of colors, I think, which is the point and what those exact colors are we are going to work out, but I do want to speak to the waiver we are requesting of-- of the Ten Mile specific plan. I don't know how it got in there. I was -- represented a stakeholder during the Ten Mile plan back in '06, '07 that was involved in the design charrette and in the meetings and all that and the idea was to de-emphasize garages. Let's do some creative architecture on the fronts. Let's not have the -- there was a certain big builder in town that used to do straight vertical garage over the -- over the garage. Not Corey Barton. I don't know if you guys know who it is. But anyway -- and it just did not go real well. Nampa hated it. Meridian hated it. And there were some design standards that we put into Baraya which got approved in the -- you know, at the same time frames as the Ten Mile plan that talked about offsetting the upper story either way, doing some of these type architectural features, but nowhere in any of that was there ever a 20 foot setback on the garage to the front of the house and if you look at Baraya and you look at Southridge, you look at every other one that has front load homes -- I drove through, I knew what I was going to find, there are none. There are -- they have very nice architecture, like ours, that has some good variety, not cheap, high quality finishes on here to break up that straight vertical front plane, but I'm not sure how 20 got in there. I can't envision it. I haven't seen it and I know if it works it doesn't work very efficiently and I know the Ten Mile plan is very much about efficiency of space. Staff talked about redesigning those lots along Franklin and I looked at flipping them sideways, pushing them closer to having them on the sides, if you will, to Franklin, fronting on a little common driveway. In fact, two of them would front onto that main entry drive and it's tight, we lose either two or five, I'm not sure, by doing so and I think if that's what I'm trying to meet is that 20 foot garage setback, I'm saying what we have is a very minor percentage of the overall. If you look at our site globally from a high level we are doing above and beyond what anybody else has done in the area in the Ten Mile plan to de-emphasize the front garages and so that's why we are asking those ones along Franklin be allowed to be there, maybe with a condition, which I -- which you see all over the place, that you articulate the rear-- the upper story rear to have the same kind of features that our fronts do, the ones facing Franklin, and other than that garages are everywhere, whether they are an alley load or not. You drive down that -- you drive down that alley, there is a row of garages and so you drive down the road in front of it, there is no garages, but garages Meridian City Council Meeting Agenda June 4,2020— Page 45 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 42 of 50 are -- you have either got a garage, a covered parking stall, or an open air stall and garages are preferred, they are everywhere, and they are everywhere on the front load within the Ten Mile area. As long as we do have quality architecture and break up that front facade, which we have done. So, that's where we stand on that. And as far as the public, our -- you know, 4.97 acres, you know, like, yeah, we are under five, can we not do that. Not that I don't like art, I'm just not an artist, I'm an engineer, you know, what I -- you know, I think what are we going to do. Okay. What kind of sculpture are we going to do out on Franklin and so I guess we could do something, but to your point, Commissioner Seal, about the entry monument -- because that won't be our entry long term; right? So, on our landscape plan we actually show another little entry monument up in the north -- northeast corner where we see the primary traffic coming from the east when that site has developed. So we -- we actually show two entry monuments. One won't--you won't really-- but it will be there when it does come over-- those people come in, they will have a sense of place, we will have a sense of, hey, this is a special little pocket community that has good -- good design standards and some playground and some open space and so we want to preserve that long term. So, we have actually called out two -- two entry features, if you will, even though one won't be an entry until the north site develops, so -- so with that I -- you know, we agree with 99 -- you know, it's a stretch to say 99.9, but we are right there with staff. Staff supports us this time. We think it's a good fit for the area. It meets the density. It meets the comp plan. Provides a variety of housing styles. Ample open space. Ample amenities. And I think it's an awesome compliment to the area that I'm -- it's a little bit out of my comfort zone to do attached, I do a lot of single family detached, but times are getting to the point where we got to get more creative and do something that there is a market niche for. Not everybody wants to live here, but there is a market niche for this for people that want no maintenance with -- and Tanya -- I gave Tanya those -- those square footage numbers of 1,400 to 1,600 -- I actually talked to the architect today before this meeting, it was about 5:30, he said the ones that are -- that backup to Franklin and the duplexes are 1,800 square feet and the -- the -- depending on how many bedrooms -- we are thinking about doing two masters or three -- you know, a master and two small ones on the alley loads, you know, just kind of creative, but we are -- we still haven't wrapped our head around the two masters idea, but it will be between 1,550 and 1,700 square feet on -- on those -- those ones that are pure alley. So -- so, good size. Good quality. We think it fits and we don't have those connectivity issues that I saw as the biggest number one impediment to this getting approved last time was how do we connect and we solved that in this time. So, with that I will stand for any questions. Fitzgerald: Thanks, Matt. Are there any questions for the applicant? Grove: Mr. Chair? Fitzgerald: Commissioner Grove, go right ahead, sir. Grove: Mr. Schultz, question for you. I guess first question. Are these rental units out of the gate or are these meant as owner occupied? Meridian City Council Meeting Agenda June 4,2020— Page 46 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 43 of 50 Schultz: Commissioner Grove and Commission President, we are -- I represent a development group that has previously in the past developed and sold lots to other small builders. They have also done there -- they have done an apartment complex. They have -- they have teamed up with builders to build their own homes, being a developer and -- and one of the small builders. It's looking like they are going to -- they are going to self perform, team up with a small builder, build these out and sell them individually. It's never been talk of renting them out as like an -- like an apartment, although that -- that could happen, that was -- and there are a couple companies running around doing that, like right out of the gates, that's -- that's their business plan. That's not what -- this guy's business plan and I -- I think these are going to be a little out priced for -- for apartments in terms of the size and the quality of them and not that apartments aren't quality, but you know what I mean, I just -- I think we might be missing the mark a little bit. I might be wrong, but that's not the intent that I know of. Not that that's bad or good, that's just what I know, so -- Fitzgerald: Commissioner Grove, did you have any follow up? Grove: Not a follow up, but I had a second question. Fitzgerald: Go ahead, sir. Grove: Just looking at it it looks like there -- I understand the layout, I guess. I'm just curious why there is two alleys and a street when it looks like it could be accomplished with one street, just wider or -- I don't know what I'm getting at, but -- Schultz: Yeah. No. No. Commissioner Grove, I -- I get it. It's not my first choice. When I first laid this out we actually came off of that private lane, which is owned in its entirety by the 20 acres to the north -- north and he's not interested in cooperating or selling or -- so -- but that's where my first idea was, we come off of that and do a long cul-de-sac and do some -- do some townhomes and no alleys and just couldn't get there with the density and the access. That access blew up. So, what we are stuck with is an access in the middle, more or less, that provides somewhat inefficiently some alleys. Like you said, you could do a bigger wide -- this -- this is a full width road. This is a full parking on both sides, detached with --this --this is the full width residential road going through the middle that we would build in any of the high end subdivisions we do and, then, the idea was to get that -- that front porch, no garage look on that main boulevard, kind of embrace the Ten Mile plan, which encourages that -- that -- it's hard to explain. But you know it when you see it. In terms of it -- it just feels better to have those garages tucked away in the back where you can. All sites -- like I said, whenever I pointed out the statistics on these other sites, they all have a percentage of -- and it's usually the majority percentage that are front loaded based on geometry and parameters and things like that. In this case we forced there to be alleys in this, even though it -- the geometry doesn't beg for it from an efficiency standpoint. It is something we created. We are going out of our way to -- like I said before, to create that extra expense to create the streetscape that really the planning staff-- long range and current planning -- both really encouraged and they have been -- they have been happy with -- we got a little hang up on this 20 -- 20 foot garage Meridian City Council Meeting Agenda June 4,2020— Page 47 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 44 of 50 front of the house thing that -- but other than that they really liked what we have done to create that feel -- or try to create that feel. Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: If I could just to make a comment. Matt, I just want to say thank you. I remember where we were last time we saw this -- this site with you and it looks like you have done a very thoughtful job of thinking about how it's going to connect to neighboring parcels and it's, obviously, a different kind of layout, but I can see that you are trying to meet the needs of the Ten Mile Creek area. You know, for somebody that doesn't want to have maintenance of a yard I can see why this would be attractive, is that you have got kind of a front porch area where they all face each other for that walkability street down the central corridor and, then, you got your parking and storage areas with your garages on the back. So, I think it's a different kind of product than we have seen in Meridian and I appreciate you being creative and being willing to come back to us. Schultz: Thank you. Fitzgerald: Additional comments or questions for the applicant? Matt, we are going to see if there is any public testimony and we will come back to you for closing, okay? Schultz: Thank you. Fitzgerald: Thanks, sir. Weatherly: Mr. Chair? Fitzgerald: I saw the Jeopardy theme. Holland: I was ready for it. Johnson: It was delayed and I felt uncomfortable, I was going to put it on when you asked for the testimony from -- Fitzgerald: That's awesome. You should have. Johnson: I failed. Sorry. Fitzgerald: But if there is anyone who would like to testify on this application, please, raise your hand on the Zoom application or Zoom platform or hit star nine on your phone and we will pause for a moment. Weatherly: Mr. Chair, just for the record, nobody signed to testify either. Meridian City Council Meeting Agenda June 4,2020— Page 48 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 45 of 50 Fitzgerald: Thank you, ma'am. I really would have liked the Jeopardy music. That would have been awesome. Seeing no one hop in, we are five for five, that's good stuff. Matt, do you have any final comments you would like to make before we close the public hearing, sir? Schultz: No. Just --just thank you for -- for fitting us in this special meeting and in being open to something -- something different on this site and steering us in the right direction. Sometimes we don't see the light as quickly as we should on this and it's different, but -- but I think it -- it begs for something different in here and so I think my testimony kind of stands what I said before and we will just hopefully -- hopefully get your approval since we are going to close on it tomorrow and hopefully -- hopefully it's good. So, thanks. Fitzgerald: Thanks, Matt. Is there any other questions for the applicant or for staff before we close the public hearing? Pitzer: Mr. Chair? Fitzgerald: Commissioner Pitzer, go ahead. Pitzer: Yes. Mr. Schultz, on both driveway pads in the alley, how big are those driveway pads? Schultz: Yes, Commissioner -- I got my glasses -- Pitzer. There are at least 18, maybe 20. You know, they are the full two car garage width, you know, so there -- there is enough for two car -- two cars to park in the garage and those pads. You know, people probably don't park two cars in a two car garage, they probably put one and their junk in it, but -- but there is enough there to meet city code, which is to have two per residence outside and two in, if people don't have any junk. So, they are 20 feet wide and the -- the depth is -- Schultz: Twenty. Pitzer: Is 20. Okay. Thank you very much. Schultz: Yeah. Seal: Mr. Chair? Fitzgerald: Commissioner Seal. Seal: Just for clarification, the -- the lots that backup to Franklin there, there is a berm -- I was trying to find where it described the berm in there, but there is a berm between Franklin Road and those residents; is that correct? Schultz: Is that for me? And I'm sorry. Meridian City Council Meeting Agenda June 4,2020— Page 49 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 46 of 50 Fitzgerald: Yeah, Matt. Seal: Yes, sir. Schultz: I am so sorry. I was spacing out. I got kids in background, so -- so, yes, that was the intent to get a two to three foot berm with a six foot solid fence. I really don't want to turn those sideways, because you really need a little bit of extra room for a little bit of slope on that berm and it gives a -- and that's why -- one of the reasons why we made that berm a little extra wide -- wider than -- than was required. It's 25 required -- I can't remember if we showed 32 or 35, but in any case it's more than what's required and that was to give us room to be able to peek that berm at the property line and have a little slope in the back, slope in the front, and get it up there for -- it's -- people go -- you know, I -- it might be 45 mile -- 50 mile an hour speeds on there. I mean so people are -- it's five lanes and fully developed, it's good and it's bad, you know, everything's there, there is bike lanes, there is detached sidewalk, it's all right there, which is great, but we just need to have some kind of buffer. So, that was the intent. Seal: Okay. Thank you. Fitzgerald: Any additional questions? Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: I move we close the public hearing for H-2020-0039. Seal: Second. Fitzgerald: I have a motion and a second to close public hearing on H-2020-0039. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: Thanks, Matt. We appreciate it. Who wants to kick us off? One quick comment before we get started. As I -- the street scene, that's something that we don't see in -- in Boise or Meridian very much, but -- and it takes up a lot of space as we think about this -- and it takes up a lot of space and it provides space for other things, as you see common area to the east, just something to think about. I think that the street scene is something that we don't see very much and it will provide a community there that I don't think we see very often, so just two cents to start this thing and, then, I will let somebody else kick it off. Holland: Mr. Chair? McCarvel: Mr. Chair? Meridian City Council Meeting Agenda June 4,2020— Page 50 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 47 of 50 Fitzgerald: Ah-ha. Commissioner Holland, you get to go first this time. Holland: Okay. We always have great timing, Commissioner McCarvel. We just want to get her comments out of the way, because I -- I think that in this meeting I might be able to pull off not making a motion, if everybody else is doing it, so -- I would just say I think -- you know, I said some of my comments to Matt when he was on the phone with us, but I think from where we were last time we saw this development to where we are now, this is a very different project and I think it does bring us a diversity we don't have in Meridian and, you know, it's a nice looking product and it may not be for everyone, but I think it certainly meets a need in our market for a type of product we don't really have and I appreciate that they still provided kind of that pocket park that's tucked off to the side where they are -- you know, there is the ability to have a little play structure, even though that wasn't necessarily required of them. My only other comment was still that when they get to the design review portion with staff and whatever that committee looks like, I still don't like the brown accents, but that's just a personal preference, so more just a comment. I'm not going to condition anything there, but I love the multiple colors that they chose. I think it looks like a nice product that will blend really nice and create a different kind of walkability there. For the DA requests, I know -- I don't think we really get to get into that too much, but I feel comfortable leaving that up to Council to decide with him what -- what made sense on the front load garages and I think they have made a lot of concessions to try and match what's the -- the Ten Mile plan and if there is some minor modifications that they can allow for those front loaded garages and the public art piece, I'm open to Council making those decisions. Fitzgerald: Commissioner McCarvel. McCarvel: Yeah. I -- I really want to thank Matt. I know he had a couple of bad nights with us a while back and I think this was one of them. We beat him up pretty bad and this I think fits real nice in that spot. It gives the connectivity that we were looking for. It gets to the density, but yet has a little more open feel with the way those roads go through there and the alley loaded product and I was thinking, too, as this was going on, I applaud him for putting that open space in there and the tot lot, even though with being technically under five acres he wouldn't have had to do any of it, so -- and I agree on the garages being less than 20 feet, I mean it's not up to us, but I think we could let that one go. I think they have put enough other architectural interest and just good flow to this and nice appeal and Commissioner Holland probably would not like my houses as it is all brown. So, eye of beholder, so -- yeah. But I -- I like the variance of the colors. It all -- I am in support of it. Holland: Mr. Chair, I just want to clarify. I'm not opposed to brown, I just didn't like the way that it looked on some of the renders of the accent color for the -- Fitzgerald: I love it. Seal: Mr. Chair? Meridian City Council Meeting Agenda June 4,2020— Page 51 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 48 of 50 Fitzgerald: Commissioner Seal, go ahead. Seal: Echo what some of the other Commissioners have said and I really applaud the applicant in this. I mean I can see that you could have definitely tried to, you know, turn something sideways on the east side of the property to get, you know, more density in there, but instead, you know, worked creatively to provide a good balance in there and providing that -- that common area the way that it fits in there to me is -- you know, that's -- that's above and beyond. So, I really appreciate that -- that -- that concept stayed in there and it's going to be applied and --and to me it kind of, you know, lends to forgiveness of the -- you know, the -- the 20 foot driveway from the -- from the front loaded homes that are in there. I don't have any problems with, you know, basically recommending that that -- the 20 foot setback be something that we have -- you know, we recommend that they grant the waiver on that and, obviously, up to City Council to decide, but -- and the rest of it I just -- I like the streetscape. To me as I'm thinking about this, it's kind of a -- a miniature north end kind of thing where you are going to drive into it, you are going to see the fronts of houses, you are not going to see a bunch of garages, you know, good -- good landscape and trees in there and everything is when it matures. So, I really like that that's going to be something in our community. Overall I'm in full favor of this. Fitzgerald: Commissioner Grove? Grove: Yeah. I didn't get it at first, but I get it now in terms of how it's done. The tightness with the streetscape and all of that. I think -- almost to -- with that style it almost feels like there needs to be a -- like more of it, you know, in terms of like surrounding -- like to create that neighborhood. So, you know, maybe as things grow around this you will get more of that. I think that is going to lend itself to having that -- that atmosphere and I get it now. Still not like -- with how small it is, I'm not a huge fan of creating three parallel driving places right there, but overall I like the project. I think it works well. I agree with Commissioner Holland on the color thing. I think it's the -- to me I -- I kept looking at it, couldn't tell what -- how many like units it was, because it didn't like match up, and not my style, but I -- the -- the architecture piece of it I like and I agree with the garage piece not being something that I would be concerned with on this development, so -- and also I don't see how you could -- I would -- I'm glad they chose not to turn the residence on the Franklin side to be sideways and creating -- by using common drives, I'm glad they went this route. It's a much cleaner look and I like it a lot better than if they had gone that direction, so -- Fitzgerald: Very much agreed. Commissioner Pitzer, did you have any comments to them? Pitzer: Yes, I did. I really like this. I -- I like the alleyways, because front loading the -- the main portion of the house where they are going to be walking and visiting with their neighbors and -- and the pathways between each four homes I think is very-- is very nice. As far as Commissioner Grove's concern about having three roads through there, actually, they are alleys and the ones in the north end, they are just used as alleys that -- people will use the main -- main street. Artwork. I feel for Matt. I don't know what he Meridian City Council Meeting Agenda June 4,2020— Page 52 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 49 of 50 -- what artwork you are going to have there as an entryway that's eventually going to go away, but I'm sure that he will come through with flying colors on that and I appreciate him putting in the open space. So, I think there is just more pluses in there and I was not part of the drag down from the original one, so I'm looking at this with fresh eyes, since I was not there for the -- for the last meeting, so totally in favor. Fitzgerald: Yeah, I think it's -- I echo all of your comments and, Commissioner Grove, I think your point is well taken. I think with the neighborhoods to the --to the west they can look at this -- and I think Matt's done a great job of setting it up that you could do this streetscape scene in other areas around there without any -- and we have got several of those five to seven acre parcels going to the west. Maybe they can use that as a -- kind of a -- kind of model going forward. But I think it looks very good. I think it's a new scene, a new -- new product for us in Meridian and I think it will be well utilized in -- in the Ten Mile area plan. So, I think this is one where we see -- they request things that don't really work, we hopefully helped the applicant get to where they got here in the circumstances, even though we did beat Matt up a couple times in the last -- that -- over that course of a couple of weeks I think he got beaten down, so glad this worked out. And so with that I think we are ready for a motion somewhere from someone. Not Commissioner Holland, unless you want to. Seal: Mr. Chair? Fitzgerald: Commissioner Seal, go right ahead, sir. Seal: I will take a stab at this. After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number H-2020-0039 as presented in the staff report for the hearing date of May 28th, 2020, with the following modification: That we recommend a waiver for provision A-F and that for provision A-G, applicant work with staff to determine the best placement and type of public art. McCarvel: Second. Fitzgerald: I have a motion and a second to recommend approval of file number H-2020- 00397, Ascent Townhomes, with modifications. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: Good luck, Matt. We appreciate it. And, Commissioner Holland, do you want to give us our final motion? Holland: Sure. Mr. Chair, I move we adjourn the Planning and Zoning Commission hearing for whatever date today is. May 28th. Fitzgerald: May 28th. Meridian City Council Meeting Agenda June 4,2020— Page 53 of 164 Meridian Planning&Zoning Commission May 28,2020 Page 50 of 50 Seal: Second. Pitzer: Second. Fitzgerald: I have a motion and a second for us to adjourn. All those in favor say aye. Any opposed? MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: Thank you all. MEETING ADJOURNED AT 8:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED 6 1 4 12020 RYAN FITZGERALD - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK By Adrienne Weatherly, Deputy Clerk Meridian City Council Meeting Agenda June 4,2020— Page 54 of 164