2020-07-09 Item 1.
Meridian Planning and Zoning Meeting July 9, 2020.
Meeting of the Meridian Planning and Zoning Commission of July 9, 2020, was called to
order at 6:01 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, Alan Tiefenbach and Dean Willis.
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: Okay. At this time I would like to call to order the regularly scheduled Planning
and Zoning meeting for the date of July 9th and let's start with a roll call.
Item 2: Adoption of Agenda
Fitzgerald: Thanks, Madam Clerk. The first item on the agenda is the adoption of the
agenda. Unfortunately for our time frame this evening we don't have anything that's
changing, so if we could have a motion to adopt the agenda as presented this evening.
Seal: So moved.
McCarvel: So moved. Second.
Fitzgerald: I have a motion and multiple seconds. All those in favor of approving tonight's
agenda as presented signify by saying aye. Opposed same. Motion passes.
MOTION CARRIED: SIX AYES. ONE ABSENT.
Item 3: Consent Agenda [Action Item]
Fitzgerald: The next item on the agenda is the Consent Agenda. We don't have anything
on the Consent Agenda tonight, so we are going to skip over that.
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Fitzgerald: We will move on to -- kind of let me walk through how we are going to do this.
We have kind of a quasi in-person -- Mr. Seal being a champ in -- in person at the
chambers headquarters, along with our staff. But on your screen you will see the rest of
the Commissioners who are present for this evening's meeting. Also on the call or present
are the city attorney and city clerk, staff, as well as our Planning staff. Everyone else that
is online is either going to be on Zoom. We may have some-in person attendees who will
be in chambers. So, you may have observe the meeting and you can see that we are
here both online and in person. During the public testimony portion of the meeting you
will be unmuted if you are on Zoom. If you have previously sent in a presentation that
staff will help work to make sure that that presentation is running for your discussion. The
Clerk can also assist you with bringing up slides if you are on Zoom. So, just let them
know. If you are simply watching from home tonight we would ask that you use the city's
YouTube channel, which is -- you can access that at meridiancity.org\live and you can do
that. If you are in person, obviously, we will go through the normal process. When public
testimony is open the Clerk will call the names of those who have signed up to testify. If
you are on Zoom you will be unmuted. If you are in person you can go up to the dais and
be heard. I will call on you individually. Please state your name and your address for the
record and you will have three minutes to present to the Commission. After that time we
may ask questions for clarification and, then, once we do so, if you are done, you can sit
down in public or you will be muted and, then, moved into the participant -- or the non-
participants if you are on zoom. Once all those that sign up in advance are called on, we
will do one more check-in to make sure we have heard from everyone and, then, we will
close the public -- public meeting and we can hopefully deliberate and make a
recommendation to City Council. We do have a couple that may have -- of applications
tonight that may have some input from an HOA. If you do signify you are from an HOA
and representing a group of people you will have ten minutes to testify and we will make
that determination at that time. So, any questions before moving forward? Madam Clerk,
are we ready to go? Everything is squared away?
Weatherly: Yes, Mr. Chair, we are ready.
Item 4: Action Items
A. Public Hearing Continued from May 21, 2020, for Modern
Craftsman at Black Cat (H-2020-0022) by Baron Black Cat, LLC,
Located in the northeast corner of N. Black Cat Rd. and W.
Chinden Blvd. (SH 20126)
1. Request: Rezone of a total of 21.59 acres of land for the
purpose of reducing the C-C zone from approximately 7 acres
to 0.74 acres and increase the R-15 zone from approximately
15.1 acres to 20.85 acres; and,
2. Request: A Short Plat consisting of 2 building lots and 2
common lots on 21.59 acres of land in the C-C and R-15
zoning districts; and,
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3. Request: A Conditional Use Permit for a multi-family
development consisting of 195 residential units on 20.13
acres in the R -15 zone; and,
4. Request: A Modification to the Existing Development
Agreements (Inst. #' s: 106151218; 107025555; 110059432;
and 114054272) for the purpose of removing the subject
property from the boundaries and terms of previous
agreements and enter into a new one, consistent with the
proposed development plan
Fitzgerald: Okay. Let's move to our first item on our agenda, which is the public hearing,
which was continued from May 21 st for Modern Craftsman at Black Cat, File Number H-
2020-0022, and let's start with the staff report. Joe, are you with us?
Dodson: Yes, sir. Thank you. Can you guys all hear me all right?
Fitzgerald: Yep.
Dodson: Okay. I know we have had audio issues, so just wanted to make sure we are
good. This is a long one, so bear with me. The application before you is a request for
rezone, short plat, development agreement modification, conditional use permit and
private streets. The private street application is a director level administrative review and
is not specifically being voted on tonight. However, the -- any motion will include all of
the applications. In addition -- my apologies. The subject site -- apologize. Just bear
with me, Commissioners.
Fitzgerald: Joe, while you are doing that, Commissioners, I need to disclose something
to the Commission while he is -- Joe is getting squared away. I live in Spurwing and I feel
like I can be fair and balanced on this application, but I will leave that to the Commission
to determine if you would like me to recuse myself during this -- or do we have a quorum
without me and I can just run the meeting and let you guys deliberate, but if you don't
have a concern with me standing in for this application --
Holland: I don't see any concerns. I appreciate you disclosing.
Seal: I was going to say something, too. My mother-in-law lives in Spurwing as well, but
she doesn't really like me, so I think we are good.
Fitzgerald: Thanks, Commissioner Seal. Appreciate that. Joe, are you ready, sir, to
continue?
Dodson: Mr. Chair, we are joining the Zoom meeting. That was something we missed
on the front end, so we will get that going and I will restart.
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Fitzgerald: Okay. Perfect. Commissioners, did everybody get a copy of the outline for
tonight's meeting in the mail or in front of you if you were at the office? Someday this is
all going to be easier and we are going to be able to hang out together again. Oh, we
can see what you are working on. I like it.
Dodson: Perfect. Okay. Now we are all good to go. Thank you, everybody, for being
patient. So, again, Item No. 4-A before you is Modern Craftsman at Black Cat, H-2020-
0022. The application before you is a request for a rezone, short plat, development
agreement modification, conditional use permit and private streets. The subject site
consists of approximately 23 acres of land, currently zoned C-C and R-15. The requested
rezone is to simply move the boundaries of the existing zoning, but not to change the
zoning designations. The future land use designation on this property is mixed use
community, which generally requires three distinct land uses and any residential use to
be constructed at six to 15 dwelling units per acre. Modern Craftsman is proposed with
a gross density of 8.7 DU per acre, which is easily within that range. When analyzing
projects within the mixed use community future land use designation, the approved and/or
developed land uses nearby must also be taken into account. The proposed project offers
an area of commercial zoning that should accommodate multiple future uses. The
commercial area is proposed of two building sites that have multiple suites, so there is
potential that multiple distinct land uses will be available on site. Staff has also taken into
account adjacent land uses in nearby development. Directly to the east of the site is the
future Rock Harbor Church site, a different use than proposed with this project. Within a
half mile to the west and off of Chinden Boulevard, a mixed use project, Central Valley
Plaza and the Pollard Subdivision, is approved and will offer multiple additional uses and
employment opportunities that maybe these future residences could use. Within a half
mile to the east the new Costco building has been approved and is in the process of
receiving building permit approval and directly across North Black Cat to the west more
commercial development is proposed within the Fairbourne Subdivision. Therefore, staff
finds that the -- that there is adequate commercial proposed with this site and adjacent
properties to satisfy the mixed use requirements. Access for this development is
proposed via private streets off of North Black Cat Road and West Tree Crest Way, which
is the street abutting the north of the property. The two proposed access points to Black
Cat Road have been approved by ACHD, but typically access to Black Cat, an arterial, or
collector in this sense -- in this instance, is limited by the city. The applicant may request
from City Council to keep the two access points as proposed in accord with UDC 11-3A-
3. The applicant is also proposing an access in the northeast corner of the property that
connects to a shared driveway with the Rock Harbor Church site. Private streets are
propose throughout the development with two running east-west and two running north-
south. Three running north-south. Access via Chinden Boulevard is prohibited and is not
proposed. Due to the nature of the proposed use staff believes private streets are
appropriate in this development. The proposed private streets appear to meet all UDC
requirements, except for the requirement that they be on their own common lot or within
an easement. Staff has recommended a condition of approval to revise the plat and
correct this. Other than future commercial and proposed -- the proposed use on this site
is multi-family residential. However, it is not traditional garden style apartment buildings,
it is a hybrid of single family style homes within a multi-family development, which by
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definition is multiple buildings on one building lot. The proposed units are a majority of
single story, one, two and three bedroom detached units, without garages. The applicant
is proposing traditional apartment style parking, but some units do have attached one car
garages. Townhomes are also proposed along the perimeter of the site on the west side
and the east side and all of these units have attached garages on their first floor. Largely
the proposed residential units in this development look like detached single family homes,
but have on-street parking and less private open space than a standard 4,000 or 8,000
square foot lot. Off-street parking is required to be proposed -- or sorry. Is required to be
provided in accord with the standards listed in UDC Table 11-3C-6 for multi-family
dwellings based on the number of bedrooms per unit. A submitted and revised plan and
conditional use plan shows 497 spaces for the entire development. Four hundred and
thirty-six are proposed for the residents, 28 reserved for the clubhouse and the remaining
33 for the proposed commercial. Of the 436 for the residential, 179 are uncovered, 134
are covered carports and the remaining 123 our garage spaces. The minimum amount
of parking required for the multi-family portion of this development is 360 spaces, with
196 of those required to be covered. Therefore, the proposed parking counts exceed the
minimum UDC requirements. The commercial areas proposed in the southwest corner
of the site is shown as approximately 12,800 square feet that would -- that is to be spread
across two building pads. The smaller pad, approximately 2,000 square feet, shares a
plaza with the tot lot and open space near the west central portion of the site. For
commercial uses the parking requirement is one space for every 500 square feet and the
proposed commercial area would require a minimum of 26 spaces. The applicant has
proposed 33 for the commercial area, exceeding the minimum amount. A portion -- a
portion of the proposed parking directly abuts the street -- the private street on the
southern end of the site and those utilizing the commercial parking would have to back
out or back into or drive directly onto the private street in order to exit those spaces. This
is not specifically prohibited by code, but is far from ideal. Staff believes this type of
parking setup may cause additional accidents and, therefore, recommends a redesign of
the parking for proposed -- for the proposed commercial area. This redesign should
minimally include a five foot wide landscape Island along the edge of this proposed
parking area to eliminate this conflict and the applicant should still provide the required
number of parking stalls based on the gross floor area of the commercial area. Here is a
blow up of the commercial area in the southwest corner. Hopefully you guys can see that
a little better. Open space requirements for this project are two tiered. The project must
meet the general ten percent open space requirement and the common and private open
space requirements in the specific use standards for multi-family development. Based
on the proposed plat area, which is 21.59 acres, a minimum of 2.16 acres of qualified
open space should be provided to satisfy the ten percent requirement. Based on the size
of the residential units, 55,000 additional square feet or 1.26 acres of additional qualifying
open space should be provided to satisfy the specific use standards. In total, the
minimum amount of common open space to be provided should be 3.42 acres. The
applicant has proposed a total of 3.78 acres of qualified open space, of which 2.36 acres
qualifies for the minimum ten percent requirement and amounts to approximately 10.9
percent. The remaining 1.42 acres of open space meets the requirements of the specific
use standards -- or I should say exceeds them by approximately 10,000 square feet. In
addition to the common open space, the applicant is proposing vastly more private open
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space than is required by the specific use standards. The specific use standards require
at least 80 square feet of private usable open space per unit. The applicant is proposing
on average 419 square feet of private usable open space per unit, exceeding the UDC
minimum requirements. The applicant and staff worked closely and diligently to design
the open space in such a way to integrate the commercial with the residential as required
in the mixed use community policies and goals. This integration and the proposed use
allows for increased pedestrian connectivity. The open space meeting the requirements
in 11-3G consists of a ten foot multi-use pathway within the Chinden Boulevard landscape
buffer, common lots of open space areas and required street buffers along adjacent
roadways. The area satisfying the specific use standard requirements -- I apologize.
consists of MEWs between unit blocks, including a long vista that connects the east side
of the development with the west side of the site and connects to the clubhouse and tot
lot and plaza area shared between the commercial units and the residential. Some end
cap landscape areas are also included in this and smaller areas of open space that meet
the minimum 20 by 20 dimensions. All in all staff finds the proposed common and private
open space as sufficient for a project of this size and the proposed use. There are a
number of amenities proposed within this development. The multi-use pathway is the
qualifying site amenity that meets the requirements in 11-3G-3. The following amenities
are proposed to meet the specific use standard requirements. A clubhouse with offices
for rent by the residents. A tot lot. A swimming pool. Picnic shelters with barbecue areas.
A plaza. And a community garden. There is also a proposed dog park area seen on the
open space exhibit in the northwest corner of the site, but it is not a qualifying site amenity
due to it not meeting UDC requirements as such. In addition, the applicant is proposing
102 self storage lockers, each one being 12 square feet, spread throughout each of the
garage buildings, so that residents may store small amounts of personal items on site
and near their units. This is also not a qualifying amenity, but staff finds that these will
likely be very much used. The applicant has submitted a concurrent design and re-
application for the submitted elevations and staff finds the submitted architecture of the
residential portion of the development complies with the architectural standards manual,
except for those elevations for the proposed townhome style units. To ensure compliance
with the ASM, the applicant should create differentiation between some of the six-plex
townhome buildings through different architectural designs and color palettes. Staff has
recommended a condition of approval to correct this. Commercial elevations were not
proposed --were not submitted with this application, but future buildings should corporate
similar architectural features to ensure a cohesive design as envisioned by the
Comprehensive Plan and the architectural standards manual. A separate design and re-
application will be required for the commercial portion of the development. The city has
received a number of written testimony for this application. There was at least 30, so
am not going to speak specifically to each one, but generally the main points of discussion
throughout the written testimony were the following points: That the project was too
dense. There is minimal open space, so the residents will flock to nearby subdivisions.
There was a request to make the site more like Spurwing development to the northeast.
Issues with school enrollment and capacities. And some offered the option of nearby
residents would prefer a 55 and up gated community or more upscale retail space. To
discuss a few of these, this development is in the future land use designation a mixed use
designation, so it cannot be specifically like Spurwing. It will never be able to meet those
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types of densities, unfortunately. It's just the way it goes with the Comprehensive Plan.
If it were to be a gated community there would be significantly less units because of our
UDC requirements with gates. I just wanted to make Commission aware of that. And as
always school enrollment and capacities are definitely an issue. We understand this.
Overall staff recommends approval of the requested applications with the DA provisions
and the conditions of approval contained within the staff report. And I will stand for
questions, Commissioners. Thank you.
Fitzgerald: Thanks, Joe. Questions for staff? Commissioner Holland, go right ahead,
ma'am.
Holland: Oh. Actually, I didn't mean to unmute. I was just turning my camera back on.
I don't have any questions right now.
Fitzgerald: Okay. Any questions for Joe?
Seal: Mr. Chair?
Fitzgerald: Commissioner Seal, go right ahead.
Seal: Just a quick question on the -- where they want to make the commercial property
smaller, do you have a -- a map of that? I know there is one in here somewhere, but I
can't locate it.
Dodson: Within the staff report I do, yes. Roughly it's being reduced from about seven
acres to a little under two acres of the commercial zoning and, then, the R-15 is growing
to take over the rest of that to the north of the southwest corner.
Seal: Okay. Thank you.
Dodson: Yes, sir.
Fitzgerald: Any additional questions at this time? Do we have the applicant in the building
or on Zoom?
Weatherly: Mr. Chair, we are getting the applicant set up in the room. One moment,
please.
Fitzgerald: Okay. Thanks, ma'am.
Riggs: Chairman, Commissioner -- Commissioners, this is Matthew Riggs with Baron
Properties. 1401 17th Street out of Denver, Colorado. I'm representing Modern
Craftsman at Black Cat. With me is Liz Schloss, who will also be speaking to some points
here. Would like to start with a brief introduction of who Baron Properties is. My father
Jeff Riggs founded our firm in 1983. We have been in the multi-family and apartment
space over the last 37 years, having owned, operated and developed over 125 apartment
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communities in the Mountain West. Meridian is a place that we are looking to grow our
platform. We own one 220 unit multi-family community in town already, so this will be our
first ground up development that we are proposing. Let me start with kind of what our
objective was when we set out for this site some year and a half ago. We studied Meridian
and the surrounding land uses and what we saw was, you know, the demand for a unique,
highly innovative residential product and our team, in collaboration with local engineers,
architects, general contractors, consultants, counsel and staff, have worked at length at
coming to what is before you today we are excited about the product we have put in front
of the Commission here this evening. We are proud of the work we have done with staff.
We have held two neighborhood meetings, one in January, the other June 30th, about
ten days ago, working with neighboring HOAs and look to incorporate much of that
commentary and feedback into this proposed site plan. I will begin, I believe, with what
will be a fly through rendering of the site and, then, jump into more specifics here.
Dodson: Matt, I will do it for you.
Riggs: Okay. Thanks, Joe. Go ahead and hit play on that if you would. While Joe is
teeing that up, you know, I think overall our primary objective in this is to introduce a new
element of rental residences into Meridian. Over the years studying the multi-family
product and the demand drivers therein, we have identified a few things that we believe
improved as -- as demonstrated here and we will get into in more detail in the site plan.
Go ahead and hit play if you would. Thanks, Joe.
Dodson: Yes, sir. Sorry about that.
Riggs: So, as noted here, this is our general site plan. The southwest corner is proposed
commercial, whereas the rest of the property is proposed as townhomes, duplexes and
two and three bedroom single story, standalone residences. This is the northern entrance
on Black Cat entering into the project. We did gain and pull a lot of inspiration from
neighboring projects, including our neighbors to the -- to the north and further to the west.
This is the north -- the northern -- northwest corner of the -- of the -- of the site. This is a
large dog park and open space area. As you can see townhome and single family units
abut it with nice -- nice space there. This is our clubhouse, on-site leasing office, a best
in class fitness center. Parcel pending lockers. A work from home, very high end
conference and workstation area. We do have a tot lot, high end pool deck and spa and,
then, a large open area for the residents and community to -- to gather. After extensive
conversation with our neighbors and staff, we have chosen to propose -- well, here is the
-- here is -- I will get back to that. This is the clubhouse interior. Again, high end, best in
class interior clubhouse. That's a community conference area. Kitchen. There is
sporadic seating, conference rooms, and areas that we believe will -- will work well with
our residents who telecommute, work from home, or just need somewhere outside of their
residence where they would like to -- to spend time and congregate. Continuing to work
through I believe into what is going to be the fitness center and another -- again, more more seating area. This is the fitness center. This is what I was referencing. This is this structure here is a pop-up flex space building that we think is ideal for a farmers
market, artist studios, you know, all sorts of yoga, exercise -- really anywhere that they
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don't need a permanent space. We have seen, you know, restaurants with new concepts
like the -- like the setup, trial dates and host dinners for the residences. So, a lot of
different areas that -- that that can go. This is a central corridor walkway connecting the
open space and amenities on the western side of the project with the east side of the
project. Our goal in this overall was to really give the users here choice as it relates to
proximity to -- to different amenities. Many of our users we believe will not want to be
close to pools and tot lots and, instead, prefer privacy, so we have -- we have balanced
the site plan and site amenities accordingly. These here are the townhomes. There is
42 of them on site. Direct access two car garages and two stories of living space. Really
nice, private patio space and -- and not too dissimilar to a lot of the high end townhomes
that I'm sure many of you have already seen here in town. This is a unique feature of our
community. Each one of our single family homes and many of our townhomes will have
private outdoor space for the residents. I believe that the code mandates 80 square feet
or so of private space. Our average is 420 square feet of private space outside. So,
think, you know, overall that -- that adds, you know, an element that we believe is unique
to our-- to our building here. Jumping to the PowerPoint, Joe, if we could, I will jump into
the site plan and kind of how we ended up landing on where things are located on the
site. If I can control it. There we go. So, as I noted before, 1983 was our founding. We
are in nine markets. Currently have seven active development projects underway. We
have been working on Modern Carftsman at Black Cat for about 18 months now and
during that time -- and especially over the last four or five months we have honed in on
this site plan. Beginning in the southwest corner, which is the proposed commercial area,
you know, we believe that -- that a commercial element of this is -- is definitely important
to, you know, the community and our proposed development. We envision, given what
is surrounding the area in terms of other employment and commercial uses, including the
medical campus to the west, the new Costco and a number of other elements, that a large
scale commercial development is not optimal for this, but, instead, looking for something
to more service on the day care, medical office, dentist office, perhaps a high end
restaurant and cafe, something along those lines is really what we would look to source
a user for and, then, develop the -- the building thereafter. In the eastern part of the
commercial area there, as noted on this, you can see a small community garden area
that we have proposed. We envision that not only for our residents, but other-- you know,
just open to the general public for those that would be interested in a plot of land to garden
in. So, we have seen that before in some of our other developments and believe it would
be a good buffer between the proposed commercial use and the residences immediately
to the east. Moving north from there is the pop-up flex commercial space that I noted.
Again, we think this is a great space for the more flex user, yoga, art studio, farmers
market and that area opens up to our lawn, our tot lot, and further to the north our
clubhouse. So, really, what we have envisioned between the southwest corner
commercial area and the flex space into our leasing office and amenity clubhouse is really
a nice community congregation area that we believe, you know, will serve not only the
needs of our residents, but of the surrounding community. We did after conversations
over the last few months add elements of two story townhomes on the west side of the
-- of the space -- of the site plan here. You can see two of those buildings proposed, one
about mid block and further up to the -- up to the northernmost boundary. In between
those are a couple of two and three bedroom single story dwelling units with large private
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backyards. As we move further east in the project this is where the -- the density of our
single family units is concentrated. We -- we believe that this single family for rent model
horizontal apartment, if you will, is unique and highly valuable to -- to what the community
needs here. We own a lot of two and three story walk up suburban product and what this
offers is a little bit higher end, different living -- living experience than that. The one
bedroom units in this product type are duplexes, so they have a shared center wall and
they all have private backyards. The two and three bedroom product type are all
standalone structures, so nobody living above or below the residents, nobody on either
side and, again, private backyards of varying sizes between about 250 square feet up to
almost 900 square feet of private outdoor living space. You know, this community overall
features -- I think it's seven different floor plans across five building structures and our --
our goal here was to achieve a semi-custom feel. We have each of the residences, you
know, under a number of different color palettes and roof lines, so when you drive through
this community as demonstrated in the fly throughs, it is not a replication of the same
structure over and over and over again, but, instead, we have drawn from our neighbors
and high end, you know, single family residences throughout Meridian to pull into -- to
what our design standards are here today. On the eastern north side of the site is where
the concentration of our townhomes are. Those townhomes abut Rock Harbor Church
and, then, complement the townhome development -- the for sale townhome
development that's currently under construction north of Rock Harbor. A lot of this is what
I just covered, you know, we -- we really were looking towards making resident choice
and resident privacy a big -- a big component of this community. We have added the
private direct access garages. We have added the private garages, standalone carports
and surface parking as a means to park all of the residential and as noted by staff we --
we did add over a hundred self storage lockers, as that was another common theme of
-- of a resident need is more storage in these type of dwelling units. These are a couple
examples of what we are building here. This is the one bedroom, one bath, duplex model.
As you can see it is relatively modern, high end exterior and interior finishes is what we
are envisioning there. A couple of different two bedroom options, including the two
bedroom with direct access one car garage. The three bedroom two bath surface park
and, then, the townhome that we have already talked about, of which there will be 42 of
those proposed. Where we drew our inspiration from and where we see the residents is
really a couple of different areas. We think that newly forming households, call it
Millennials, are going to be a big component of this resident base. This is a type of product
type that is great for an early -- an early household, maybe they have young kids, maybe
they don't, but they are not quite ready for homeownership and this is a good step over
the traditional apartment experience. The other pillar that we have seen really draw to
this product type is retirees and baby boomers who are looking to simplify and downside
-- downsize their house into a more management free call when -- when you -- when you
have something of need with on-site management, use the amenities and work from
home space as necessary. Both of these require a lot of storage and that private yard
space as noted and, then, quickly here, Liz, I know I am running out of time. If you would
jump into --or I will cover it. You know, some of the more, you know, high level community
amenities that we are looking for, 24 -- seven day a week management on site. We will
plan a valet trash service that picks up the trash from each -- each resident's door step.
We have on-site coworking space and conference rooms. We have great outdoor living
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space and connectivity as mentioned, multiple sustainability initiatives and -- as it relates
to our construction. Lots of shared space for entertaining and congregation and the ever
increasing need for online delivery parcels are all highly considered. The apartments are
all spacious floor plans with ten foot plus ceilings. Very good light. That's really one of
our main focal points. We will have security systems and smart technology in all of the
units. High end finishes and, again, ample storage. That kind of wraps up my quick 15
minutes and looking forward to questions and any other detail I can provide to the
Commission. Thank you.
Fitzgerald: Matt, we appreciate it. Any questions for the applicant?
Seal: Mr. Chair?
Fitzgerald: Commissioner Seal, go ahead.
Seal: Just real quick. Could you show us again the -- exactly where that pop up is
located?
Riggs: Yes. So, it is immediately north of our proposed commercial area, between our
clubhouse and the commercial area. So, the pop up is that structure right there.
Seal: Okay. Another quick question. On the response you said you were in agreement
with pretty much everything in the staff report, with the exception of 2.9. When I looked
that up it has to do with the selection of trees. Is that the one that you were referring to
or --
Riggs: No. I believe it had to do with the timing as it relates to some of the horizontal
infrastructure that goes in place. I think it's necessary for, you know --
Borton: Matt, you're breaking up a little bit. We can't hear you very well.
Riggs: So, our intent was not to talk through the -- the trees, it was to discuss the street
signs that are to be in place. The sanitary sewer and water system shall be approved
and activated, roads -- road base approved by ACHD and the final plat for the subdivision
to be recorded prior to submitting for building permits. That is what we would push back
on. Not be in agreement with.
Dodson: Mr. Chair?
Fitzgerald: Go right ahead.
Dodson: Thank you, Mr. Chair. Commissioner Seal, the -- that is a standard condition
for Public Works and the point in there that's the hiccup is the final plat. This is a request
for a short plat, so there will not be a final plat, so that condition is -- that portion of the
condition is not necessary. They will be able to go to building permit prior to that
recording.
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F15]
Page 12 of 82
Seal: Okay. Thank you for your explanation.
Riggs: And I would add that -- apologies. I would add, Commissioners, that we envision
this as a single phase residential development, so we will go in and build the roads and
-- and an infrastructure and, then, build the residences from west to east all in one
construction time frame if you will. We do envision the commercial as being a future
development as soon as we source a user for -- for that area, just to put that on record.
Fitzgerald: Joe, do we need to be specific about that in our recommendations or whatever
our direction is?
Dodson: Mr. Chair. No, that shouldn't be necessary. If you strike out the whole condition
we will still be able to take care of everything, sir.
Fitzgerald: Okay. Additional questions? Commissioner Holland, did you have
questions?
Holland: My question was the same as Commissioner Seal's about the location of the
flex space and if that was an addition to the commercial product. I think that that is pretty
clear that that's an additional piece.
Fitzgerald: Additional questions? Commissioner McCarvel.
McCarvel: Mr. Chair. Yeah. Could you -- in the staff report -- or in the staff narrative
they talked about the parking spaces on -- by the commercial abutting up to the main road
and could you talk about what your thoughts are on redesigning those parking spots?
Riggs: Yes. Absolutely. Thank you. So, we are open to redesign those parking spaces.
Our -- our concept here that we put out -- we tried not to put a very detailed commercial
site plan here, as our expertise is primarily residential, so, you know, we would more than
adhere to what staff is recommending and any conditions therein and -- and make sure
that the future daycare or whatever it is that goes there meets those standards, including
making sure that the parking doesn't need to back up onto that roadway -- that private
street there.
McCarvel: Okay. Thank you.
Holland: Mr. Chair?
Fitzgerald: Go right ahead.
Holland: One -- one thing I -- well, first of all, I want to thank you for creating the visual,
because I think it's always really helpful when we can kind of visualize exactly what your
concept looks like. You have clearly done a lot of work getting ready for this presentation,
so we certainly appreciate all that hard work and effort that goes into it. One question I
have for you are is all of the units that are going to be along Chinden Road, are those all
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F16]
Page 13 of 82
the single story kind of units that you were -- you were showing us? And, if so, what's the
plan for buffering those from the highway.
Riggs: Thank you. Yes, those are proposed to be single story residences and duplexes
there. Our plan is to have a large landscape buffer with the appropriate landscaping
thereon. I believe we will have a berm that is -- a berm and a wall -- combination of berm
and wall that is -- that's required by code. And we actually -- we like the idea of
incorporating some of that berm and wall into the single family homes. In our experience
in our tours of Meridian we think that it's pretty unique what the community has relative to
the berms, walls, and heavy landscape buffers along all the major roadways, like
Chinden, and we think that it actually provides a pretty unique living experience for the
residents that will be adjacent to or near that berm. So, that's something we have tried to
-- we have talked at length about and believe will be received very well by the user base
that will end up at this property.
Holland: I know one -- one recommendation, if I may, Mr. Chair, follow up.
Fitzgerald: Go right ahead.
Holland: One recommendation we have given to some other projects that have been off
of Chinden Road, especially if they have residential, would be to increase the amount of
the landscaping buffer height, instead of increasing the fencing on top, just to give a little
bit extra buffer because it's a very busy highway and I know I have been stuck on that
highway many times driving to and from different places. So, it's certainly something that
you -- you see a lot of traffic and you can hear a lot of traffic noise and so we want to
make sure that it's -- if there are residential behind it we want to make sure they are
buffered well.
Riggs: Understood. Uh-huh.
Seal: Mr. Chair?
Holland: That's all for now.
Fitzgerald: Okay.
Seal: Mr. Chair?
Fitzgerald: Yes, Commissioner Seal, go right ahead.
Seal: I just -- a question on the -- the pop up area. Since potentially a business might
operate out of there, is there -- more of a question for staff. Is there some -- something
we should consider in that as far as a potential business operating out of that, since it's
not -- it's not a commercial space?
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F17
Page 14 of 82
Dodson: Mr. Chair, Commissioner Seal, it is going to be zoned commercial, so it -- it is a
commercial space. So, there won't be any issues. It -- what Mr. Riggs is stating is it's not
necessarily intended for more outside commercial, but it could be used by residents within
the community, which I thought was a good integration of the commercial with the
residential.
Seal: Okay. Thank you.
Dodson: You're welcome.
Riggs: Thank you, Joe. And if I would add to that, I would say it's -- we envision the --
the community residents using this and, then, like I said, I think there could be community
involvement. Where it differs from a traditional commercial space I believe would be the
duration of use. You know, we don't envision a nail salon setting up a shop in there for a
three or five year lease period, but instead shorter duration users that are starting
businesses, maybe only need the space part time and don't want to commit to, you know,
a year's long lease, something in those effects. I have used the example of a farmers
market as another, you know, potential use to set up a farmer stand in there. Obviously,
that could be led by our management and/or residents on site, but it could very well be
led by, you know, people outside of our community as well. So, it is -- it's a little bit of a
nuanced space with the spirit of it being to bring people together and provide a little bit of
a different option for individuals and businesses over a traditional, you know, in line retail
or commercial space that you will see in other developments around town.
Pitzer: Mr. Chair?
Fitzgerald: Commissioner Pitzer, go right ahead.
Pitzer: Thank you. So, maybe I'm -- I thought I knew where this was and now I'm
confused again. So, is that pop up area where I'm looking at the map here and I go to
the north of this and I see like four little gray pieces in a -- and a green tree, is that the
pop up, that right there?
Riggs: Yes. Believe so.
Pitzer: And that's going to be part of the two acre commercial?
Riggs: Yes.
Pitzer: Okay. Thank you. Thank you for that clarification. I appreciate it.
Grove: Mr. Chair? Question. It would be --we had a lot of public comment and feedback.
How-- how have you integrated that feedback from your two sessions into what you have
brought in front of us tonight?
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July 9,2020 Item 1. F18
Page 15 of 82
Riggs: Thank you. Yes, we did. We have had -- we have, I believe, received over 30
letters from -- primarily the residences to the north of our community, as well as other
neighbors and in the two neighborhood meetings that we have -- that we have hosted
and talked through our plans for the development with, we believe that we have in
essence alleviated a lot of those concerns in that this is single story unique for rent
products. We are not proposing three or four story traditional walk-up apartments here,
but instead looking for something that will be -- or looking to develop something that will
be much more subtle and much more complimentary to the high end residential that abuts
our community to the north and eventually to the northwest. We have also integrated and
moved our -- our clubhouse and open space from its original location to the proposed
location it is today. We have added the pop up concept that we have discussed here.
We have added the community garden. We have added more easterly open space and
community gathering areas and really aimed, you know, on our amenity packages to be
best in class and a fully self contained site. A lot of what we heard from our neighbors
was concerns about, you know, overflow into their community and what we have aimed
to do here is -- is mitigate those -- those risks and that overflow potential by providing,
you know, on-site trails, dog parks, and extensive amenities for our residents to use, so
that, in essence, they will not have a need to go northwest or -- northwest or northeast
into the abutting single family larger lot areas and, instead, you know, can -- can remain
in large part on our site. So, again, we have -- we have worked hard on that. Obviously
we can't fulfill every concern, but we have opened up to that discussion and made
significant evolutions to our -- to our site plan and our product looking to accommodate,
you know, some of those concerns that have been brought up. I would also add that, you
know, parking was -- was another concept that we have touched on. I believe that
according to code -- I don't know the exact count, but I believe we are -- we are above
the parking requirements by 76 spaces on our site. Again, not only looking to alleviate,
you know, parking concerns from our neighbors, but also to alleviate any potential for that
one off time where things are quite busy on site. Our resident base and the anticipated
rental rates that we foresee here are going to be very high touch folks with -- with high
expectations of how this site lives and if one of our residents is having a Super Bowl party
and doesn't have any areas for three or four friends to come over to park, that would be
a major concern for them and -- and in tow us. So, we have looked at those types of
elements and looked to design around that with --with really an aim and a target of finding
a tenant base that is renter by choice and that tends to stay in these types of residences
for longer than a typical apartment renter would stay in their apartment home. We have
seen that through our other communities of -- of similar single story for rent living that we
have owned, operated and managed in different markets, albeit this product has taken
that to the next level as it relates to quality and -- and some of the other design
considerations that we have layered in here, such as the large private backyards and
storage areas and high end clubhouse with work from home space.
Fitzgerald: Mr. Grove, do you have follow up there? Thank you for that.
Grove: No. Thank you. Appreciated that.
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F191
Page 16 of 82
Fitzgerald: Any additional questions? Well, we will come back to you gentlemen shortly
after -- after we take public testimony. So, hang tight and we will be back momentarily.
Riggs: Thank you, Chairman, Commissioners. Thank you.
Dodson: Mr. Chair?
Fitzgerald: Thank you. Bill, go right ahead.
Dodson: Before we go real quick I just wanted to clarify on the condition that we were
discussing, 2.9. 1 think it would be better if we leave the condition and add an additional
condition that says that construction can occur prior to plat recording, but all other
improvements are still required. We don't want to strike through a condition and possibly
run into issues with those improvements not being required in the conditions.
Fitzgerald: Thank you for the clarification, Joe. We appreciate it, sir.
Dodson: Yes, sir.
Fitzgerald: Madam Clerk, do we have folks that would like to testify on this application?
Weatherly: Mr. Chair, we have several people signed in, several of which have indicated
a wish to testify. The first of which Mr. Scott Freeman. He is on the phone. Scott, you
have the ability to unmute yourself.
Fitzgerald: Scott, welcome. Please state your name and your address for the record.
The floor is yours, sir.
Freeman: Mr. Chair, Commissioners, my name is Scott Freeman. Address 4699 West
Star Hollow Drive. I'm across Tree Crest directly north of the proposed development.
Can you hear me okay?
Fitzgerald: Yes. Sounds good. Go right ahead, sir.
Freeman: How long -- how long do I have? Is it still like two minutes?
Fitzgerald: Three minutes.
Freeman: Oh, excellent. I have got plenty of time. A couple of quick ones and, then, I
would like to actually propose a condition for consideration. First one is -- and maybe
staff can answer this or maybe a Commissioner can when I'm done. I noticed that at the
east end of Tree Crest and on Tree Farm there are no parking signs posted along the
street and those postings are not occurring on Tree Crest where we live at Spurwing
Heights Subdivision and I don't know if that is going to be designated no parking or not.
It certainly should be. That's probably outside your purview and more in the highway
district's, but still that's something that ought to be considered and I haven't heard whether
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F20
Page 17 of 82
that's addressed or not. Second quick thing. On that commercial lot it seems like it's
already been greatly reduced and I -- not that this is important, but I'm actually an
architect, designer by trade. Actually used to sit in your seat, Mr. Chair, for several --
several years under -- under Mayor de Weerd.
Fitzgerald: Very good.
Freeman: Yeah. Well, I won't -- I won't comment on whether you enjoy that or not, but,
anyway, that lot is already so small that in order to fix that parking it looks to me like it's
either going to -- the commercial space is either going to have to expand or the actual
square footage of that commercial space is going to be further diminished in order to get
that parking in. So, it kind of makes me hesitant to say, hey, we will -- we will fix that
parking issue, because I think unless the commercial lot is expanded that's not going to
fit and I just don't see it without reducing whatever that footprint is we see even smaller
and I would be surprised. The last -- the last thing I want to touch on real quick is just if
-- I know there is a lot of opposition to this. I also am opposed. However, recognizing
that this very well may be passed, a condition I would propose would be this: In the
original iteration of this plan I thought that it was very appropriate and well thought out by
the developer that the -- the two story townhomes were actually over on the east side
only. It kind of created a natural graduation from the east of their property, which is
already -- already two story townhomes, to two story townhomes on the east side of their
lot and, then, moving west and north it moved into the more single family, single story
kind of thing -- not necessarily single family, but single story. Almost every house along
Tree Crest to the north is single story and any two story that's along that north side along
Tree Crest is going to essentially look down into all of our properties and it's going to
reduce our privacy to some degree. So, as a -- as a proposed condition for discussion
anyway, I thought it would be appropriate to limit the townhouse -- townhouse units over
to that east border where they already are or internal to the development, because they
seem very inappropriately placed along Tree Crest where they effectively will look down
into the properties along there. That's all single story, except for the far northwest corner,
which is the only two story there. That seems more appropriate to me. So, if it does pass
I was disappointed to see two stories being directly across from us in Spurwing Heights,
rather than single story and it will reduce our privacy in our backyards. I don't think there
is any way around that. I was pleased to see a tot lot. That was one of my written
comments, instead of a dog park, a tot lot, and/or playground seemed appropriate. I see
that that's there. That's a good thing. And I think that's it. I don't know if you now ask me
questions or I'm done and you go onto the next one, but thank you for your consideration
and I hope to hear answers on the no parking along Tree Crest and whether that's a
possible condition that might be reasonable if it passes.
Fitzgerald: Mr. Freeman, we appreciate it and thank you for your service to the city
before. Appreciate that, too.
Freeman: Thank you.
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F21
Page 18 of 82
Fitzgerald: We will see if there is any questions. Do we have any questions for Mr.
Freeman? Thanks, Scott. Have a great evening. Thanks for being a part today.
Freeman: Thank you. You, too.
Fitzgerald: And we will get you some answers from staff on the no parking signs.
Freeman: Thank you. I will go ahead and mute.
Fitzgerald: Thanks, sir. Madam Clerk, who do we have next, ma'am?
Weatherly: Mr. Chair, next is Joe Warchol. If you want to head over there with Chris, he
will help you with the testimony. We can't use the podium tonight due to technical issues.
Thank you.
Warchol: All right. Good evening. My name is Joe Warchol. I live at 7045 North Callery
Pear in Meridian. And just in case I run out of time, I -- the first thing I would say is that
I'm not in favor of the proposed apartment complex. Looking at the entire area kind of
like a systems approach, the project is in the middle of a very congested area already,
which will only get worse with the new Costco, the megachurch, the townhomes, the New
Fairbourne housing projects and our houses that are already there. I won't beat up the
project when it comes to traffic. It's already been written up. But the parking seems to
be an issue for me and, then, last of all, going into it, apartment complexes in general
have noticed they have access to public transportation and I don't see where that's going
to really be helpful. I understand that there has been a number of attempts to, you know,
talk about recreation within the project itself. But, you know, I just -- I'm a math person
and you have 194 units and you had only two people in there and they all showed up at
the pool or they all were taking a walk at similar times, there is not enough room and
because of that -- and there is not enough recreation around that development to help
out. So, that's some of the concern of -- of the residents of Spurwing that -- that comes
into thinking that there is going to be an overflow of residents going in there. The last
thing I wanted to say was last year I spent a wonderful ten, 11 months in apartments.
They were advertised as high end. They were costly. They are expensive. It's a very
transient population. I realize that --that people doing this project have high expectations
for high end people coming in there, but the population in there -- you know, if you are --
if you are going to rely on, for instance, income from Costco, Winco, and small shops and
whatever else that's going on there, there is not enough income. Those people make 15
to 18 dollars an hour and if their gross is 2,800 dollars a month, they are not going to be
able to afford these apartments. When I lived in these apartments in -- in Meridian, brand
new, it was transient, there were plenty of drug deals going on. There were abandoned
cars. There were break ins. My car included. There were even people trying to make
ends meet, which, you know, I feel for them, but you had two and sometimes three
families living in the same apartment. So, you know, overall I think it's a great project. I
think that apartments are needed in the community, but I think that the congestion and
with all the building going on it's not a good fit. Thank you very much.
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F22
Page 19 of 82
Fitzgerald: We appreciate your time tonight. Thank you. Andrea -- or Adrienne, sorry,
who else is next?
Weatherly: Mr. Chair, next up is Nancy Everard. Nancy, you have the ability to unmute
yourself.
Everard: Hi. Thank you. Can you hear me?
Fitzgerald: Yes, Nancy. Welcome. Please state your name and your address for the
record and the floor is yours, ma'am.
Everard: Okay. This is Nancy Everard. My husband Steven and I are residents in
Spurwing Heights at 6935 North Exeter Place. Thank you very much for -- first of all, for
hearing our concerns and while I appreciate the effort that the developer has made to
address some of the concerns, there still are concerns that we have with respect to the
City of Meridian's commitment to the smart growth initiative. It's been kind of touched on
in some of the previous comments that this area already at this point is quite congested
and the different areas of smart growth with a density of a project of this size there are
specific things that I would ask be addressed. One is how will the City of Meridian provide
an additional four acres of park land for our immediate area? Currently there is no public
park or recreation area that is located north of Chinden in our area. A deficit already
exists in the commitment of four acres per one thousand residents in Meridian. This
development particularly being quite dense would further increase that deficit. So, are
there -- I was unable to find online in any of the plans that shows that there is a future
public park area that is planned, so if there is could you, please, share that. Second,
Meridian, which was also touched on in general, is severely lacking in public
transportation. Northwest Meridian is the furthest removed from what little public
transportation exists, as well as from the higher density employment areas. How will the
city be able to promote alternative forms of transportation by approving the proposed high
density apartment complex at this location, particularly when land does exist in other
areas that are closer to the 1-84 corridor, closer to the higher density employment centers
where a high unit rental complex might be more appropriate. Secondly, are there plans
--we are very disconnected here in northwest Meridian to bike paths. We have no service
really safe links to the greenbelt or to other ways that would promote alternative means
of transportation. So, are there any plans in place that I am unaware of that would solve
that -- that concern? Also the opportunity for entry level home ownership is severely
lacking in this area. Developing a rental property in absence of those opportunities for
smaller square footage homes that are affordable leads to individuals who won't ever be
able to buy a home. How can high end rental development meet the need of Meridian's
housing opportunities better than a development and the design and idea of the single
level units and multi-family is great, but in my mind it being a development that is for
purchase for first time home buyers for the young millennials, for the true empty nesters
that don't want to downsize to a 2,500 square foot home, that really would like something
that is small. But it's something that enables the first time homebuyers, particularly in our
rising real estate market, to enter the market. Without an opportunity to do that they will
find themselves chasing it and never be able to truly call northwest Meridian home by
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F23]
Page 20 of 82
having that entry into the market. And the last -- and this is really kind of a bad one,
because it was something that particularly when we made the choice to purchase our
home looking at the plans for the area we really liked the idea that there was going to be
community commercial that was planned both for that seven plus acre area there on Black
Cat and Chinden, as well as on the other side of Black Cat adjacent to where the
Fairbourne development is going to be. Because we like the idea of having the ability to
walk places, have local businesses to have restaurants, a coffee shop, somewhere that
we could walk a short distance to -- to enjoy. So, were very disappointed to see that area
reduced. Even as it was originally planned, seven plus acres still is not that large. The
plans that they would have the commercial integrated into, yeah, it might be great for the
development, but I would say that's more development commercial and not really
community commercial, because it's just way too small. If that were left as community
commercial, combined with the other commercial and the feature that was mentioned in
the staff report, that could be done in very level ways to link everything and make it
something that expands the area and creates truly a multi use. I kind of feel like the small
size --
Fitzgerald: Could you wrap up your comments, please?
Everard: Okay. Just thank you very much. I would like to see the commercial
(unintelligible). Thank you very much.
Fitzgerald: Perfect. Thanks, ma'am. Madam Clerk, can you give us our next public
testimony person, please. I will remind everybody on the -- online and in person we are
trying to stick to our three minute timeline. I know it's kind of awkward. I have a timer in
front of me and I know you guys aren't standing in front of a dais where it normally is, so
I don't want to cut you off, but try to keep your -- your testimony to that three minute time
frame, please.
Weatherly: Thank you, Mr. Chair. Next up is Richard Gilkey. Richard, if you want to
meet Chris over there he will help you out.
Gilkey: My name is Richard Gilkey. I live at 4629 West Star Hollow Drive. My property
backs up to Tree Crest, so I will be looking out at the project. I am strongly opposed to
the project. I am strongly opposed to the retail area being reduced. It will look like a
postage stamp, look like kind of sort of out of place. I'm a former builder, home designer.
Forty-five years. And a lot of what I see in this project I'm not particularly fond of, but
that's a personal thing. My concern is that the postage stamp commercial area -- by the
time you put parking in there it's going to be even smaller. I would like to see more of a
buffer zone between Tree Crest and the development, mainly since they have added two
story units to the west end of the project, because they will be looking into the backyards
into our houses, so that's pretty much everything else that's going to be said and what
has already been said. There is no sense in duplicating it. So, I thank you for your time.
Fitzgerald: Mr. Gilkey, we really appreciate your candor and -- and your points. So, thank
you for being here tonight. Madam Clerk, who is next on the list, ma'am?
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F24]
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Weatherly: Mr. Chair, last signed up is Dave Jacobs.
Jacobs: How are you doing? Dave Jacobs. I live at 6980 North Exeter Place. Simply
put, not to reiterate a lot of the things that have already been said, one of the things I
would like answered is how many parking spaces are allocated for the development. If
you have 195 units, a lot of them being two and three bedrooms, you are going to have a
lot of young people living together. Roommates. Not so much families, but roommates.
What we all did when we were young. You have 400 parking spaces and also for their
guests you have an additional 30 or 40. Because if not they are going to be parking in
our neighborhood. On top of that, the postage stamp is -- to use the phrase just used --
or the putting green that the -- the green space has, is that enough for the influx of five to
six hundred people, including some families? That doesn't look big enough to be able to
facilitate the green area for, you know, five or six hundred new-- new people coming into
the neighborhood. Where are they going to go? They are going to go across the street,
guys. And, then, finally, is -- there is a white elephant in the room -- literally property
value. I have talked to at least a half a dozen realtors that have said if you are in close
proximity -- especially within a quarter mile or so, you can expect future loss on equity
because of where you are at. So, with that said is the City of Meridian willing to
compensate us should we lose future property value. It's hypothetical, but, again, I'm just
putting it out there. And that's about it.
Fitzgerald: Mr. Jacobs, we appreciate it. That was the end of our list. Are there additional
members of the public who would like to testify on this application, either via Zoom or in
the audience tonight? Mr. Seal, you can be my eyes.
Weatherly: If anybody else in the room wishes to testify, please, raise your hand. That
goes for the people listening online as well. If you want to use the feature in Zoom to
raise your hand. Mr. Chair, no one has raised their hand either in person or on Zoom.
Fitzgerald: Okay.
Weatherly: Excuse me, Mr. Chair. We do have one more.
Fitzgerald: Okay.
Weatherly: If you want to go see Chris he will help you out. Thank you.
Fitzgerald: Thanks, Madam Clerk.
Southam: My name is Lynn Southam. I live at 6408 North Salvia Way. That's in Spurwing
Greens. I really don't have any testimony to give, I just simply have a question and it's
something that the developer and the city could perhaps address and tell all of us, which
is has the developer or the city anytime in the past ever compensated the owners of
property for their loss of value as a result of their development and that's the question.
Thank you.
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F25]
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Fitzgerald: Thank you, sir. Last chance for additional comments from anyone online or
in the hearing room? If not, I will turn it over the applicant to answer some of the questions
that have been presented.
Weatherly: Mr. Chair, at this time no one else is indicating a wish to testify.
Fitzgerald: Thanks, Madam Clerk. Mr. Riggs, are you still on with us, sir?
Riggs: Yes, Chairman.
Fitzgerald: Do you want to go ahead and close.
Riggs: Yes. Would love it. And I'm sitting here with Liz Schloss, who is the president of
our operations and management division of our--of our firm. She will speak for the record
here as well. I think overall, you know, I would like to emphasize that the proposed
development, you know, does meet and exceed the Comprehensive Plan in terms of its
use. The seven acres of C-C -- currently zoned C-C ground I believe does permit high
density residential within that area and we are looking for this rezone, you know, not to
change the use by right, so to speak, but instead upon staff's request as we work through
the pre -- pre-development and short plat process. I would also like to add that as it
relates to the privacy for the residents immediately to the north, we meet or exceed all of
the setback, landscaping buffer and other requirements as it relates to privacy. The vast
majority of our dwelling units on the northern side of our community are single story.
There will be fencing along the northern boundary and fencing within the private
residences. In addition, the west and east end where we are proposing townhomes,
those dwelling units are oriented east-west, their patios and livability will be viewed to the
east and to the west, not to the north and the south. So, it's natural for the residents in
our townhomes to be looking east or looking west, as opposed to looking due north. As
it relates to the parking, again, I would like to emphasize that we do meet the
Comprehensive Plan and have exceeded all the requirements therein as it relates to the
number of spaces. We do not envision a circumstance where overflow parking comes off
of our property as, you know, supported by the 76 access spaces that we have proposed
here over what is required. I would like to turn it over to Liz here to talk about our resident
base and how we see, you know, the -- the demographic and who will actually live here,
as well as some more on-site management related items, to address some of the
concerns stated. Liz.
Schloss: Good evening. My name is Elizabeth Schloss. 17550 North Perimeter Drive,
Scottsdale, Arizona. As Matt stated, I oversee all the operations and the management of
Baron Property Services. Excuse me. One of the things that I wanted to highlight on that
we have received a lot of comments on and/or concerns regarding the residents, the
surrounding residents of the Modern Craftsman, is the management piece of everything
and what we have to offer. Baron Properties is a best in class management company.
We have been since 1983. I, myself, have been in management for the last 20 years and
our on-site teams are extremely qualified as well and have a lot of experience on the
overall management perspective of what we have to offer on a daily basis. Mr. Warchol,
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F26
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he had commented a little bit about -- regarding the transient population that we do have
within -- that he has experienced within his community that he lived in prior. I do believe
that the management base that we provide as -- at Baron Properties will -- and the specific
rental criteria will flush any of that activity out within the community. We also offer
courtesy patrol opposite -- excuse me -- courtesy patrol services to help manage the
noise, as well as unwelcomed activity after hours. So, just to highlight on that. And, then
as it relates to the demographic that we are trying to achieve here -- and we actually have
experience with this in our Phoenix portfolio in managing this type of product -- is what
Matt has mentioned to the barbell, where we do have the -- it isn't the entry level renter,
it is the more established renter that is -- that does have it, you know, they are more
established within their career. They are probably wanting -- wanting to start a family.
And, then, on the opposite side of that we do have the -- you know, the baby boomer
generation, if you will, that is ready to just lock and go. They want to go travel. They don't
want any responsibility of a pool or any maintenance within the community or their home.
Excuse me. So, we will provide all of those services to the residents that live within our
community and I -- we think that that will be an addition and it will be very complimentary
to what -- to the surrounding neighborhoods.
Riggs: Thank you, Liz. This is Matthew Riggs again and just to add to that a little bit as
it relates to our resident base, I think Mr. Jacobs noted, you know, between five and six
hundred people may live at this community. In our portfolio and what we have seen in
our history, we anticipate closer to 400, if not under that, as folks living on -- on site to be
determined, the demographic of that, but if our Redtail luxury apartments on Meridian
Road and Victory are any indication, we believe that upwards of 50 percent of this tenant
base will be retired or at least in the later stages of their careers. Redtail has over 25
percent of its resident base today being retired without a permanent job and that is three
story walk up product. We believe that this product without the stairs and with the
enhanced amenities and private outdoor living spaces will attract a lot of retirees into the
community. As it relates to the public transit aspect of this, we emphasized our
connectivity to Chinden and our plans and obligations to build the pedestrian pathway
along Chinden to the north side there and whatever public transit is available along
Chinden Boulevard will be readily accessed by our residents. I believe that's about
everything I have to touch on here. Thank you, Commission.
Seal: You are on mute; right?
Fitzgerald: Commissioner Seal, yeah, go right ahead.
Seal: I just had a few follow-ups here. I will just -- I will start with the easy one. As far
as the -- since the --the residences will have private yards, are they responsible for caring
for that or is that something that's going to be taken care of?
Schloss: Yes. So, it will be a combination. They will be monitored by the onsite
management team, but we will also be going in on a quarterly basis to help maintain
those, as they will have small shrubbery. But most of the landscaping back there is rock
and turf.
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Seal: Okay. So, for the grass areas they will be responsible for trimming that?
Schloss: It's actually artificial turf.
Seal: Oh. Interesting.
Schloss: Yes.
Seal: Okay. That solves that problem. On the -- there is a couple of things before we
close down the public comment. In looking at this and the reduction of the commercial
part of the property, would you be amenable to basically moving where the clubhouse is
and everything to the east and keeping that as commercial? The entire area.
Riggs: To clarify -- this is Matthew Riggs. To clarify moving it to the east adjacent to
Black Cat?
Seal: Moving it -- sorry. I meant the west. I have got my directions messed up here. So,
moving that -- that area to the west and keeping that -- that area that's being reduced as
commercial.
Riggs: Thank you. Matthew again. As we have proposed and designed this, you know,
the mixture of uses that we have incorporated between the different residence types,
townhomes, duplexes, single family and, then, incorporating, you know, not only the
corner commercial space, but also the pop up space, the storage units on site, the work
from home space on site, we believe that, you know, we are meeting the intent of the
Comprehensive Plan as it relates to multiple commercial uses, so to speak, within our
residentially zoned community.
Seal: Okay.
Fitzgerald: Commissioner Seal, do you have follow up? Go right ahead.
Seal: Yeah. I like the idea of the -- the pop up space in there, you know, and understand
we have to -- we have to -- we have to take in everything that's being said. So, I mean,
essentially, there is a lot of public comment that's in here about the reduction of the
commercial space. So, my question was more leaning towards, you know, trying to find
harmony in the project and I think that if there were more commercial space that was left
in that area, that people would be more amenable to it, simply because it lends itself to
being a -- you know, a local coffee spot, a restaurant, a business that they can frequent,
basically, and it cuts down on the residential that's -- that's abutting Black Cat Road there.
So, that's the reason for my question on that. I do like the pop up and the ability for that.
So, you are aware that Boise State does have an SBA incubator program that would
probably be really good. Because that's exactly the kind of spaces that they are looking
for, for different things like that. So, our community already does have things like that
that are available to help grow that as it would be. And, then, if that commercial space
Meridian Planning&Zoning Commission
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isn't -- isn't going to be -- or where the commercial space is being reduced would you be
amenable to keeping everything along that to a single story?
Riggs: Thank you, Commissioner Seal. So, I would like to emphasize the collaboration
we have had with staff as it relates to how the commercial lays out and how the
commercial integrates into the surrounding community with all of the other commercial
uses to the east and west of our -- of our site. That in large part is where we felt it
appropriate to -- to reduce the -- the size of purely commercially zoned area and looking
at it a little bit more as a whole. I would also like to comment that as it relates to the single
story versus two story along Black Cat, in collaboration with staff we landed on a mixture
there to not only buffer the community from Black Cat, which will get ever -- ever busier
as the community continues to grow, but also we think it gives a good semi-custom mixed
use, multiple roofline appearance of the community from the exterior and from off site of
the property, which is why we landed on the proposed two townhome -- row home units
along the west side there. So, we would -- we would aim to keep the -- the development
and the residences as laid out here if possible.
Seal: Thank you.
Dodson: Mr. Chair?
Fitzgerald: Commissioner Holland, go ahead, then, we will go to -- oh, Joe, did you have
a comment?
Dodson: I did, yes, sir, regarding this -- since additional commercial has come up. One
of the discussions that staff did have with the applicant was, you know, in order to help
them keep their unit count was due vertically integrated along the west side, to have retail
and commercial on the first floor. I'm not sure if that's an option for anybody, but that is
something that has been discussed in the past. Would offer the same type of two story
integration and truly mixed use integration.
Holland: Thanks, Joe. And, Mr. Chair, if I may?
Fitzgerald: Go right ahead, ma'am.
Holland: So, my-- my background, as most people on the Commission know, is economic
development and so I work with a lot of people who have projects and trying to figure out
where commercial makes sense and typically, from my experience, four to five acres is
kind of a sweet spot for size of what a commercial project should be, because commercial
projects don't like to tend to locate by themselves. If you have a one acre lot it's usually
enough for one independent user, if you are going to look at a fast food retail or you are
going to look at a coffee shop or you are going to look at a small restaurant. If you are
looking at a larger restaurant sometimes they need more space, so they can have enough
parking. So, typically, retailers don't want to be by themselves, they want to be in kind of
a complex that brings people to the area and certainly you are on a highway and you
have got great -- great accessibility and it's a killer spot to try and attract retail services
Meridian Planning&Zoning Commission
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to, because they have got great visibility and you have got Black Cat close by with the
ability to get in and out relatively easy. I was going to bring up the same point that Joe
did, that seeing some vertically -- vertically integrated mixed use commercial might help
to make it a little bit easier on the concepts or maybe you could kind of have that four to
five acres of commercial, but some of it might be first level commercial, where maybe
that's where your -- some of your flex spaces are and you have got your -- kind of
apartment units above them. Just some thoughts for consideration. But I also know that
you have got a great visibility corner with Chinden and rather than seeing big berms and
landscaping buffers and fencing there, I would love to see a little bit more kind of a
commercial appeal, instead of just this small little window of one commercial building that
you have got after you have passed the big brick wall. So, my hope would be that maybe
we can have you look at removing some of those units off of Chinden and widen the
space that you have got for commercial there and I think that the comment made earlier
by one of the gentlemen testifying that to fix the parking really the only way you could do
that is either reduce the amount of commercial building space or to increase the amount
of commercial and I think that that was pretty spot on. So, my hope would be that you
would consider adding at least a little bit more commercial and maybe we can find some
middle ground between where you were approved at originally or what it was zoned at
and where it is now, that maybe we can look at somewhere in that four to five acre sweet
spot.
Fitzgerald: Commissioner Holland, appreciate that. Additional comments or questions
for the applicant? Hearing none -- no?
Riggs: Is it my turn? Sorry, Commission. This is Matthew. As it relates to the commercial
land use and four to five acres, in evaluating the surrounding land uses and the, quote,
you know, more destination retail or commercial areas, we see that on both sides of the
property, you know, very close by. Between Costco and the medical campus to the west
there is intermittent larger commercial areas that are designated and planned for under
much larger development parcels. We are over 20 acres here when you count, you know,
all buffers and right of ways and what have you, but as we -- as we view this community
we don't envision the access and the location as one that should be centered on a
destination retail or commercial area, but rather a use that will service the neighborhoods
and -- and the needs therein without major -- without major development standards. We
also have access issues as it relates -- you know, we don't have any -- any access off of
Chinden, but for Black Cat and as it stands right now, you know, we have our northern
entryway to -- to Black Cat and are looking to Council to approve a right-in, right-out only.
So, if the commercial area were to grow we would still run into issues as it relates to
access and, you know, I believe our -- our belief is that as proposed the development,
you know, provides that neighborhood commercial or retail use while complementing the
larger retail and commercial developments that are very close by to -- to our property.
Fitzgerald: I didn't mean to cut you off there in answering the question. So, in regards to
that, I mean I think the history of Spurwing was to be like Bown Crossing -- and you may
not know that development or maybe you do in east Boise. The same developer
developed Spurwing. It's been chopped up now into a -- a significantly over -- it's
Meridian Planning&Zoning Commission
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residential dominance, where it was supposed to be a pretty mixed use community with
a significantly dominant commercial component to it. Lots of restaurants, coffee shops,
small retailers. That was the original concept and so for me it's -- it's challenging to shrink
this thing down significantly to two acres. I agree with Commissioner Holland's point that
it doesn't leave much and I understand there is -- there is stuff to east and stuff to the
west, but the original concept for this development long term was significant mixed use
and so as that's my -- I guess my concern is that without a significant commercial
component we are missing the original design that's been barred -- kind of taken away
from it and I would like to see some more commercial as well. But that's just my thoughts.
Do you have any feedback there?
Riggs: Thank you, Chairman Fitzgerald. I understand what you are saying, but I think I
would reiterate that given the size of the community being, you know, roughly 20 acres
-- or the property being roughly 20 acres and ingress-egress challenges related to it,
combined with the surrounding commercial uses, you know, we --we aim to develop what
we have here as this mixed use community development, incorporating, you know,
multiple different uses that are -- that are commercial. You know, 106 storage units, work
from home offices and conference rooms, community gardens, you know, multiple, you
know, pedestrian plazas, we have -- we have really aimed to -- to lay out a site plan and
a proposed development that albeit doesn't have seven acres of purely commercial, does
in our mind meet, you know, the intent of these multiple commercial uses throughout the
-- the property and -- and, you know, again, I think in our evaluation of the C-C zoning in
place, you know, this -- this medium to high density residential is a component of that
zoning and believe that, you know, by -- by backing off of the purely commercial side of
things, you know, we are meeting, you know, the intent of the Comprehensive Plan with
this submission.
Fitzgerald: Appreciate that. Commissioners, we have one person that's raised their hand
that has not testified previously. Like to give her a chance to speak and, then, we will
allow Mr. Riggs to finalize his comments. Is that okay? Becky, you are currently joining
us. I think we will unmute you really quick or, please, click unmute. Or, Adrienne, can
you help her, please.
Weatherly: Becky, I just asked you to unmute. It's not giving me the ability to unmute
you, but you should have the ability to unmute yourself. Sometimes there is a delay.
Fitzgerald: Bottom left corner of your screen. Yeah.
Pogue: Mr. Chair?
Fitzgerald: Oh. Go right ahead.
Pogue: Yeah. I think I would like to weigh in at this point we have had the applicant
respond. There were no other public at that point on to testify. The applicant responded.
To stay on process, on track, we should actually now turn it back to the Commission.
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F31
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Fitzgerald: Agreed. Thank you. Sorry we couldn't grab you as far as technical difficulties.
Mr. Riggs, you want to finalize just a couple minutes -- a couple quick points and, then,
we will close the public hearing.
Riggs: Sure. Thank you, Chairman Fitzgerald. Without reiterating too much of what I
just covered, you know, I would like to emphasize the consideration and time that we
have spent really laying out the details of this community and how each dwelling unit
integrates with its neighbor, with the open space, and with the proposed commercial, as
well as the surrounding community. You know, it was -- it is typical in Meridian to see,
you know, three and four story walk-up apartments and we sought to do something highly
innovative, highly unique in proposing what we have here. We believe it meets a resident
demand that is -- that is really not available in Meridian today, this high end, you know,
renter by choice, single story product, emphasizing private backyards, best in class
amenities, best in class on-site management and integration with, you know, the different
commercial uses, whether it be the corner parcel, our amenity and work from home,
storage uses, et cetera, you know, we have -- we have worked hard to -- to fulfill, you
know, as many of those as we could and we believe that if approved this product will be
something that garners significant local and national attention. We think that the product
type and the quality of it is something that very few developers have -- have built to date
in the western U.S., let alone Idaho or in Meridian and we are pretty proud of that and
believe that, you know, if able to develop what we are -- what we are looking to do here,
it will be very well received by not only the future residents, but the community. So, really
appreciate everyone's time, especially our neighbors and staff. We spent a lot of time
working with, you know, staff and all the approximate agencies to -- to hone in on -- on
the details of this and as it stands, like I said, we are pretty proud of where we landed and
-- and encourage, you know, a positive outcome here this evening. Thank you.
Fitzgerald: We appreciate it. Can I get a motion to close public hearing?
Pitzer: So moved.
Seal: Second.
Holland: Second.
Fitzgerald: I have a motion and a second to close the public hearing for H-2020-0022,
Modern Craftsman at Black Cat. All those in favor say aye. Any opposed? Motion
passes.
MOTION CARRIED: SIX AYES. ONE ABSENT.
Fitzgerald: Okay, team. The application is properly in front of you. Anything -- anyone
want to kick off?
Pitzer: Mr. Chair?
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July 9,2020 Item 1. F32
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Fitzgerald: Commissioner Pitzer, go right ahead, ma'am.
Pitzer: I will start out. You know, I like the concept of what -- what these guys are trying
to do with the modern -- putting it out there. I think it's an innovative product. I like the
style of it. The moderness. And having a lot of community assets. I think that where my
problem is coming in with this project is the lack of commercial. As they have stated over
and over again, they are on 21 acres. If I am at the end of that 21 acres and I am in this
community, where is my coffee shop? Where is my -- all of those type of amenities that
should be within that corner commercial and it's not going to fit. If there is a daycare I
think that's what you are going to have is a daycare. I think Commissioner Holland was
spot on. It needs to be at least double that. I'm not opposed to seeing that go to five or
six acres. So, while I like the project, I think there needs to be some give on that
commercial. And that's my initial thoughts.
Fitzgerald: Appreciate your comments, ma'am. Commissioner McCarvel. You took
yourself off mute, ma'am. You are fair game.
McCarvel: Yeah. I think I would have to agree with Commissioner Pitzer. I love the
project overall. I just -- being on that corner I -- I would like to see just a little more
commercial be part of it. That little itty bitty spot just isn't going to do much. But I hate to
take away from -- I think the innovativeness of the amenities that they do have is a nice
change, but somehow -- you know, Commissioner Holland referenced going vertical and
I would just say it needs to be a couple more acres, but overall -- I mean I really like the
change and the differentness of the product. It -- it would be I think a welcome change to
what we traditionally see as far as multi-family projects go.
Fitzgerald: Commissioner Holland.
Holland: I apologize. My husband's mowing the lawn, so sorry if there is any feedback
behind me. I would say overall there is a lot of things that are really nicely done. I think
they -- they certainly put a lot of work into the visuals that they brought to us. We
appreciate that. I like that they are single family multi-families -- or single story multi-
family. That's pretty rare to find. And I think the amenities package, the -- the thoughtful
design -- they did do a really nice job with that. Twenty acres is a lot of land for a multi-
family project. I mean when I think about what size lot my house sits on, you know, if you
are on a quarter acre lot you have got four houses within a -- within a one acre square
and you are talking multi-family where they is much -- much more dense in their-- in their
smaller-- smaller square, so you can fit a number of units in a 20 acre space. I still think
they have got the option of going vertical to do some of that mixed integration, so that
they don't lose the number of units if they do it right and they could still, you know, put
some other flex space in there and have that -- that capability to have the yoga studio, to
have the workout gyms or a pop up coffee shop or whatever it is, maybe it's even food
trucks that come in there. But I would still lean towards wanting to see a little bit more
commercial. One of the other comments I made was if you are driving down Chinden it's
really awkward to pass a big brick wall with a bunch of nice landscaping and, then, see
this small little gap where you have got one little commercial building. So, that's why I
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said I think four or five acres of commercial -- and especially utilizing that frontage corridor
would be a good advantage for them. I know there is certainly access issues whenever
you are trying to go off of a highway and they may have to have some further
conversations with ACHD and ITD on that to figure out what makes the most sense on --
on how that access can be reconfigured and work with staff on that. On the specific
conditions, if we want to get into that, I don't see a problem with adding a condition that
they could do construction before the plat recording. I do agree, though, that the
commercial lot still needs to be bigger and I thought the other proposed condition of two
story townhouses on the east side only, single story in the west and north, was an
interesting concept, but it made me feel a little bit better that the units aren't facing to the
north or south, they are facing to the east and west. I appreciate that they put some
thought into that. I don't know that I feel like I need --we need to condition that specifically,
but I would be leaning towards almost asking the applicant to continue the project and
bring it back to us with some different configurations for the commercial. Otherwise, I
would be probably leaning towards recommending denial just based on the -- the lack of
commercial there.
Fitzgerald: Commissioner Grove, thoughts?
Grove: Mr. Chair?
Fitzgerald: Commissioner Grove, go right ahead.
Grove: I will jump in real quick. I agree with, you know, what everyone has said so far,
with just a few things. But before I do that, I always like to comment on the community
feedback, especially when it's very constructive and informative and so just wanted to
commend the community that had weighed in tonight. Thank them for being constructive
in their feedback. I appreciated that. To the developers, I -- I really like the innovation
and the uniqueness of this project to provide something different and I like, you know, the
overall layout and concept that has been given to us. I would like to see, you know, as
everyone said, more commercial. I -- I particularly like the, you know, quick comment by
Joe for, you know, adding commercial on the first level on -- on that west side and putting
residential up above. I would -- I would be a huge fan of being able to do that along that
entire west side if possible, just to do as Chairman commented with the Bown Crossing
concept of, you know, that mixed -- true mixed use development. I really am a huge fan
of what the developer has done, especially in terms of that pop up section and that whole
community aspect that's built around the clubhouse, pool, pop up space, I think that's a
-- a really unique way to approach this. So, overall I really like this project. If there is a
way to add in additional commercial somehow I would be even more in love with just
being able to move forward.
Fitzgerald: Thank you for your comments, Commissioner Grove. And I agree completely
with your comments on the constructive feedback from the community. I think they were
extremely good comments that came back. Commissioner Seal.
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Seal: Mr. Chair. I'm in agreement with what everybody else has said. I really like kind
of the valet trash service. I have seen some things in some of the multi-story high density
residential that are somewhat appalling as far as the -- basically the trash becoming
heaped over. I mean just -- just saw that last week in a -- in a residence. So, knowing
that that's going to be something that's taken care of takes one of my questions off the
table right away in an area like this, you know, with the folks coming in and it being -- you
know, people moving in and out and everything, I mean there is all kinds of stuff--furniture
being thrown in the dumpsters. So, having a valet and somewhat monitored controlled is
something that's -- I really appreciate. I like -- I like the way that it's laid out. I think
everybody having an individual space is going to lend itself to not pride ownership, but,
essentially, just pride in appearance, you know what I mean. That is your space where if
you are going into a multi-story building you don't necessarily have that, you are just
walking up a set of stairs that aren't yours into a door that nobody else really knows is
yours, unless they know you. So, in this it's your residence, it's a place that you are going
to live, you are going to have your family there and, of course, you are going to want it to
look as nice as it can. So, I think that does help with some of the concerns that are out
there as far as pride in ownership, so -- I do have to say there is other things about it --
the -- the pathway coming down the middle, tying the whole thing together, I really like
that. Walkability. Rideability. All of that seems to exist within this space. So, I'm just a
huge fan of that. I wish we had more of that everywhere else -- that we had anything
even close to this. So, very innovative. Really like the concept of how the clubhouse ties
into the pop up and how that space is utilized. But I do agree with the other
commissioners, though, I would like to see that commercial space come back. More of
it. You know, doing the integrated commercial with the first story to me seems like a
homerun, you know, as far as trying to make more commercial -- commercial use out of
that space with a minimal amount of change. Again, with our local universities having
small business incubators that would be something that might even be financial -- might
be a financial boost for you to get in there, because I know they have money to help out
with things like that. So, that said I mean the overall project itself I really really like, but I
do agree that the commercial needs to come back.
Fitzgerald: Thank you, sir. Commissioner Holland, are you getting ready to have
additional comments?
Holland; I was thinking about it. I was going to say I have looked at -- I knew that there
is 47 pieces of public testimony earlier and there is 49 in there now. Since 4:00 o'clock
there were a couple of additions in there. So, I wanted to thank the community, too, for
--for showing up and giving some good constructive comments. I had a note that --about
the --the no parking signs and I don't know if we answered for one of the people testifying,
so I wanted to make sure we covered that as well.
Fitzgerald: Yeah. You were reading my mind. Andrea, I need your comments and
probably feedback on the discussion on reduction in home pricing, because I don't think
that's something we ever get involved in, so -- but I want to make sure general counsel
has a chance to weigh in on that and, then, I'm going to ask Joe to weigh in on the no
parking signs.
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Pogue: Mr. Chair, that's correct. That shouldn't become part of your consideration. There
is not evidence or testimony presented with any data or statistics to go along with it, but
it isn't something that we can evaluate in terms of meeting code or --
Seal: Mr. Chair?
Fitzgerald: That's not our job as -- yeah, Commissioner Seal, go ahead.
Seal: And part of that I would just like to thank -- thank the previous Planning and Zoning
before I got here and City Council for helping my home value in six years to go up a
hundred percent, so I think we are all going to get -- get through this.
Fitzgerald: Agreed. I -- it's one of those things that there is lots of impacts that come
from a lot of different places and I -- that's not something that comes in -- our job is to
determine if this project meets our code and future land use planning map and all of our
requirements in the city and that does not plug into our decision making. That's for other
people to work through. Joe, can you comment on the no parking signs on Tree Crest.
Is that something that you are aware of?
Dodson: Mr. Chair, yes, sir. I have been educated recently and --
Fitzgerald: Okay.
Dodson: -- North Tree Farm Way is a collector, so it should be no parking. However, it
was not conditioned to have no parking signs, so we will have to reach out to ACHD and
make sure that they are labeled as no parking.
Fitzgerald: Perfect. Thank you.
Dodson: You are welcome.
Fitzgerald: And just as we are finishing up, my comments I think -- kind of got the gist of
my comments. I think you guys -- I -- vertical integration of product is not done enough
in the city. I have lived in a couple different places and we talked about the apartment
complex that they are building next to Kleiner Park that they are parking underneath. Pool
is on an upper deck and it's vertically integrated. We need to see more -- something like
that. So, I would love to see -- with the innovation that's in this product -- because I am
really impressed with the innovation of a rental product that is bringing exceptional design
kind of amenities in their packaging, but there is a -- there is just one piece missing and
that's that commercial side. I think if it could be solved with that vertical integration down
the west side. I would be happy with that. The comments about not having access --
there is a light there and so I don't know how that cannot be utilized for access. I mean
it's the businesses that don't have a light that I would be more concerned about not having
access to. So, I think there is plenty of opportunity to utilize that. The --you know, Costco
spent 45 million dollars putting -- you know, expanding that road and putting a new light
in there that's going to get done here pretty quick. That could be utilized to make sure
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that there is access for that community with additional commercial. So, that would be my
thought. Even though I do want to commend the applicant, because it is an exceptionally
innovative product, lots of amenities, different thinking, much like Commissioner Seal
said, the different aspects they brought into services I think are impressive as well. So, I
-- it's just not one piece that's bugging me, it's the commercial piece that's missing and
we have broken up so far from this original concept that it's bumming me out, because
think it would be -- it would fit if that commercial was a little bigger. Commissioner Holland,
I think you are trying to speak.
Holland: Mr. Chair, I was just going to say with the comments that we have made I think
we are leaning towards the continuance to see if the applicant will be willing to make
some changes and bring it back to us and if they don't, then, we would probably lean
towards a denial. So, I'm going to make a motion to reopen the public hearing to ask the
applicant if they would be willing to continue the project to come back to us with another
concept.
Seal: Second.
Pitzer: Second.
Fitzgerald: I have a motion and a second to reopen the public hearing for input from the
applicant on a continuance. All those in favor say aye. Any opposed?
MOTION CARRIED: SIX AYES. ONE ABSENT.
Fitzgerald: Mr. Riggs, are you with us, sir?
Riggs: I am. Thank you, Chairman and Commissioners. Really appreciate everyone's
time, community and all of you -- your time. We are taking to heart the commentary about
the commercial side of things. It's definitely something we will revisit and reconsider. We
aim to fulfill some of the commercial uses through the flex space, but -- but clearly we are
going to go back to the drawing board or to other concepts that we have discussed and
look at ways at mitigating your concerns as it relates to the commercial. You know,
ultimately our goal here is this residential single story and townhome product and
integrating it well with the community and the adjacent commercial on the property and
so, yeah, we will -- we will definitely revisit, continue the process and -- and look to pick
this back up again with the Commission at a later date.
Fitzgerald: We really appreciate your -- your willingness to look through it and consider
the comments that were provided and, Joe, do you or, Madam Clerk, do you guys have
a date -- or Mr. Riggs, do you have a date that you would need to get everything squared
away and come back to us? We have a pretty full agenda the next six months, but we
want to make sure we fit you back in, so any -- how much time do you need?
Riggs: You know, with -- with our team anxious to continue work on this, we would love
to -- to get back in front of you as soon as we can. As discussed we have had -- we have
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had discussions about other ways to integrate different commercial uses into it, so we will
not be starting from zero here, so to speak. So, as soon as -- as soon as possible we
would move to try to get back in front of you.
Fitzgerald: Thank you, sir. Joe and Adrienne, do you have feedback on a -- on a next
opportunity we can put them back in our calendar?
Dodson: Yes, Commissioner Fitzgerald. I have three projects on August 6th, so, please,
don't. But my wedding got postponed, so I can do the Planning and Zoning Commission
hearing on August 20th now, so that would work if we are aiming towards a continuance.
Fitzgerald: Okay. Commissioner Holland? Or Commissioner McCarvel, go right ahead.
McCarvel: Okay. I --
Seal: Just to confirm, was that the 6th or the 20th?
Fitzgerald: Hold on one sec. Yeah. Andrea, do you have a comment?
Pogue: I just wanted to suggest that the person making motion consider limiting for
reopening -- or the continuation for the purpose of receiving more information and, you
know, other options on the commercial side of the project. So, to limit testimony for that,
so that we don't have to re-hear all the testimony on the whole project.
McCarvel: Okay.
Fitzgerald: Thank you. Good feedback.
McCarvel: Mr. Chair?
Fitzgerald: Commissioner McCarvel.
McCarvel: I move to continue file number H-2020-0022, to the hearing date of August
20th for the sole purpose of reviewing the applicant's new proposal for additional
commercial.
Seal: Second.
Fitzgerald: I have a motion and a second to continue the public hearing on file --
Holland: Mr. Chair?
Fitzgerald: Yes, ma'am.
Holland: Just one comment to Andrea's point. Do we need to be more specific in the
motion to say that we are going to only reopen the public testimony for the purpose of
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discussing the commercial and not for the multi-family component? Or if we are just
opening it up for the applicant. I'm not sure if we have to open it up for -- for public
comment, so -- but --
Pogue: I think the public would be able to -- to comment on the -- what's brought back
for the -- for more commercial and if that impacts on -- in a new way on the rest of the
project they would be able to testify about that, too. But it's --the purpose that I'm hearing
the Commission wanting to base its continuance on is on the commercial -- wanting to
see more commercial brought into the project.
Fitzgerald: I think that we are -- the motion seems fine, I believe, so I have a motion and
a second to continue the public hearing of H-2020-0022, Modern Craftsman at Black Cat.
All those in favor say aye. Opposed same? Okay. Motion passes.
MOTION CARRIED: SIX AYES. ONE ABSENT.
Fitzgerald: Thank you all. Mr. Riggs, thank you and your team. We will see you in
August.
Riggs: Great. Thanks, everyone. Appreciate your time.
B. Public Hearing for Epic Storage Facility (H-2020-0058) by Jarron
Langston, Located at 1345 W. Overland Rd.
1. Request: Rezone of 4.43 acres of land from the R-8 zoning
district Medium-density Residential) to the C-G zoning district
(General Retail and Service Commercial) for the purpose of
developing commercial storage on the site; and,
2. Request: A Conditional Use Permit for a 29,400 square foot
storage facility and associated outdoor storage on 4.43 acres
in the C-G zoning district.
Fitzgerald: Moving on to the public hearing for Epic Storage Facility, H-2020-0058. Joe,
I'm turning it back over to you for the public -- or for the staff report, sir.
Dodson: Thank you, Mr. Chair. Can everybody see my screen now? I want to make
sure I did this right. I think we are good. Okay. So, yes, as stated next item, Item No. 4-
B, Epic Storage Facility. The request before you is for a rezone and conditional use
permit for Epic Storage Facility, a 29,400 square foot storage facility. The applicant is
requesting a rezone to change the existing R-8 zoning to C-G zoning, general
commercial. The applicant is also requesting conditional use permit approval for a
storage facility. The subject site is surrounded by existing City of Meridian zoning and
development to its northwest and south. Directly to the east is a new residential
subdivision that the city is currently processing. Directly across West Overland, an arterial
street, there is I-L zoning with two RV users currently existing, Bish's RV and Camping
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World of Meridian. Directly to the west along the northern half of the site is the new
Meridian Fire Station and abutting the site on the southern half of the west boundary is a
multi-family residential development. This parcel has both the commercial and medium
density residential future land use designations as seen in the future land use map on the
left-hand side of my screen here. The addition of the commercial designation spawned
this proposal to rezone the property. There we go. The propose new land use is a form
of RV storage and is a conditional use in the proposed C-G commercial zoning district.
However, the proposed use is not a traditional self -- RV self storage as our code depicts.
Staff must assess proposed uses with those listed in the UDC Table for each zone.
Precision Storage Concepts, the actual business proposed here, is a more encompassing
commercial business than traditional self storage by providing a valet -- valet drop and go
system that requires customers to only drop off their trailers and RVs. They will not park
them, nor store them themselves. Precision Storage Concepts is intended to be a full
service RV and trailer business that includes they wash before each use, supply stocking
of the vehicle and maintenance checks on standard items, such as batteries, water,
refrigerator and tire pressure. In addition, a majority of the storage and business will
occur within a large single story building. That is the 29,000 square foot storage facility.
There is also intent for ancillary outdoor storage of vehicles and trailers that will be stored
on the asphalt area between the office and the back of the parcel, the southern end, and
the main building that is closer to Overland Road as seen on the site plan. Because this
property is already zoned residential and development to the south, southwest, and to the
east is residential, or planned to be, staff has concerns with the requests for C-G zoning.
This concern lies with the potential for a higher intensity of commercial use next to said
residential if this property is rezoned to C-G, but never develops as proposed, barring any
bad economic downturn. Staff would prefer to see lower intensity zoning on this property
that is still commercial and would help staff ensure a more disruptive use is not principally
permitted and so easily attainable if this project is not completed fully. Therefore, staff is
recommending changing the requested rezone of C-G to be C-C instead. Self service
storage, the use staff has to place this use into, is still a conditional use in the C-C zone
and will not affect the future operation of this use. Access to this site is proposed via an
existing curb cut from West Overland Road in the northeast corner of the site. ACHD
approved this access point as the proposed use as -- it's only a commercial use and
vehicle trips to location is presumed to be minimal when compared to a residential
development. The specific use standards for Self Service Storage require a secondary
access for storage facilities and the applicant is proposing one at the eastern boundary
that lines up with the proposed common driveway and the adjacent Sagewood West
Subdivision currently being processed by the city. This applicant and the applicant for
Sagewood West have worked together to align this emergency only access. As part of
proposing a commercial zoning and use, a 25 foot landscape buffer is required adjacent
to any residential uses. The applicant is showing this buffer on the submitted landscape
plans as seen on the screen, but the buffer does not appear to meet the UDC requirement
of landscape -- the amount of landscaped vegetation within the buffer. Staff has
recommended a condition of approval to correct this. That condition is that all of the
landscape buffers, the 25 feet, need to be at least 70 percent vegetated at the time of
maturity. The applicant submitted conceptual renderings and conceptual elevations of
the new proposed storage building. The originally submitted plans do not meet all the
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standards as required for commercial development in the architectural standards manual.
This application does not include design review, but staff recommended certain conditions
to ensure any future building on this site is built to a premier standard as intended by the
ASM. In response to these conditions, the applicant has provided revised renderings that
appear to respond to most of staff's concerns to some level. I will click through a few of
these for you. Staff believes some additional tweaks should take place, but these can
happen upon certificate of zoning compliance and design review application submittal.
Overall the revised elevations are very much improved. There was no written testimony
on this, at least as of 4:00 o'clock'ish. Staff does recommend approval of the requested
rezone and conditional use permit pursuant to the DA provisions and conditions in the
staff report. Because the applicant has responded to my condition about the elevations,
I recommend that Condition Five in the staff report be stricken as it is no longer applicable
and we will handle the rest of it through certificate of zoning compliance and design
review. Thank you.
Fitzgerald: Thanks, Joe. Are there questions for staff? Okay. Hearing none, Madam
Clerk, do we have anyone signed up to testify or in the audience that would like to testify?
Weatherly: Mr. Chair, would you like to hear from the applicant first?
Fitzgerald: Oh. Sorry. Yes. Thank you. I'm discombobulated with all the different things
going on. Yes. Would the applicant like to come forward and testify or join us online to
testify. Are they joining yet?
Walker: Mr. Chairman, Members of the Board, my name is --excuse me -- is Glen Walker.
1891 North Wildwood Street, Boise. I am representing the ownership group for this
project, which is -- this project is actually called Precision Storage Concepts. That's the
name we would like to use. We have submitted this project for a rezone and a conditional
use permit application. We originally were requesting to rezone to a C-G zone, but after
reading the staff report we would agree that a rezone to C-C zone would work if the facility
works in that same zone. I apologize, because I will probably be restating same -- some
of the same statements that Joseph read, but I would like to restate it again. The site is
located at 1345 West Overland Road, which it has been designated a commercial zone
under the future land use map. We feel this project will fit in nicely with the surrounding
uses. This site is surrounded by existing City of Meridian zoning and development to its
northwest and south. To the east this site is a new residential subdivision. Across
Overload Road is the I-L zone, which has two facilities or projects, one being the Bish's
RV and the other one being Camping World, which we feel this facility will fit in nicely with
those two users across the street. To the west is a new fire station, which is really a nice
convenience and as mentioned to the east of us is a residential subdivision that's being
proposed. There is an existing home and accessory building on the site. The home will
be removed upon the development of this project. However, the -- however, the
accessory facility we are going to be keeping and in that accessory building is the ADA
restrooms and an office, which is going to be used for this new proposed Precision
Storage Concept facility. The new facility we are proposing is a high end storage facility
for storing RVs, trailers, boats, et cetera. The storage facilities is a more encompassing
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commercial business that -- than that of a traditional self storage facility. Precision --
Precision Storage Concepts was established with a valet system that comes with a drop
and go system, a wash before each use, and includes maintenance checks on standard
items, such as batteries, water, refrigeration and pretty much an overall check of the RV
that's going to be stored in that facility. Precision Storage Concepts -- it will -- it will -- this
facility will blend in nicely -- we feel that it will blend in nicely and perfectly with the
convenience of the city and its beautiful surroundings. People move here to play with
their toys and will love the valet system and the care and precision that this facility will
offer. It will help the City of Meridian to continue -- to continue to offer all -- the people
that live around this facility --
Fitzgerald: I think we are having some technical difficulties in hearing you, sir. Either
speak into the mic or -- we have some challenges -- having some technical challenges
hearing you, so if you could speak up a little bit or talk into the mic a little bit closer it would
be greatly appreciated.
Walker: Sure. I will move in here and I will start from in there. Can you hear us?
Fitzgerald: Yeah. That's much better.
Walker: Okay. Great. And I apologize for that. It might be also the mask that I'm wearing.
As Precision Storage Concepts is going to be a full service RV trailer, boat (unintelligible)
for the community, we feel the location of this facility is ideal for the public use with the
proximity to Bish's RV and Camping World where recreation vehicles and trailers are
serviced and sold. In regards to CZC application, this project is subject to conditional use
permit approval. This facility will be used as a commercial use for storage and light
maintenance only. No manufacturing will be done at this facility. This facility will be
separated by more than 35 feet on all sides. It will be fire sprinkled. The site will be
surrounded by a screen vinyl fence and landscaping as well. The hours of operation for
this facility will be 6:00 a.m. to 7:00 p.m., roughly, which falls under the allowed time for
the city. We are providing a 25 foot landscape buffer between the residential zone, as
well as a 25 foot street buffer, which should meet the landscape requirements from the
city. We are also showing a secondary means of access for emergency purposes. We
have aligned that access with the development to our east and we have worked with that
-- that group and that development, so have lined those up together. The site itself -- we
are proposing seven parking stalls with two ADA stalls. As mentioned, this facility is a
valet-type system. We feel the seven parking stalls is in -- is in compliance with city code
for the amount of parking spaces. The staff report does talk about providing a sidewalk
from Overland Road to the rear building or office building. The owners will agree to
provide some sort of path. We are asking that if we do provide a path, if we could provide
some type of striping on the asphalt that goes across the asphalt to the -- to the building
itself, if that would suffice. We will be submitting a design review and a certificate of
zoning compliance as Joseph mentioned and at that time we will be working with the city
with regards to the design of the building, the colors, the materials of the building. So,
that is it somewhat in a nutshell. We hope that these two applications, the CUP and the
rezone, will be acceptable to the Planning Department. We feel this project is a great fit
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for the City of Meridian and will add quality, great architecture, and distinctiveness to the
area. So, that's kind of it in a nutshell.
Fitzgerald: One question on the -- the fencing type and size, is that -- can you give me
an idea -- is that eight foot fencing around, since you have -- RVs are going to be outside?
And is it going to be screened?
Walker: We -- yeah. It will be a screened solid vinyl fence. We were thinking six foot,
but if you guys are wanting eight foot I'm sure we can -- we can comply with eight feet.
But we were thinking six feet, but it's what you guys would want. We will definitely comply
with your guys' recommendations.
Fitzgerald: Okay. And the second question --the auxiliary building that's going to remain
on the property, is that being remodeled or revamped to come up to where the -- the
design work that you guys are doing with the new building?
Walker: No, not at this time. We are leaving that facility as is. That's really tucked back
down there on the south portion of the site. You're really not going to see that facility from
the front, Overland Road area.
Fitzgerald: Okay. Thank you. Are there other questions for the applicant at this time?
Commissioner Holland.
Holland: Just one follow-up question from your earlier comment about the fencing. I think
if I remember right we are only allowed to do six foot fence in code, but the way we have
kind of helped applicants around that in the past was recording a two foot landscaping
buffer and put the fence on top of it if we wanted to see it higher, if I remember right. But
that's a question for staff.
Fitzgerald: I think Joe and I talked about it earlier.
Dodson: Mr. Chair?
Fitzgerald: Go ahead, Joe.
Dodson: Yeah. Yes, sir. I'm -- Mr. Chair, Commissioner Holland, it's C-G, so you can
actually go up to eight feet on the fence, not just the six foot as is required in residential.
Holland: Great. Thanks.
Fitzgerald: Commissioner Seal, sorry about that.
Seal: Yeah. Just a quick question on the -- the -- essentially what's going to become the
office space, is that something that's going to still be a residence in terms of somebody
will be staffing that for a security reason?
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Walker: I apologize, I didn't hear the question. Was that directed towards me?
Seal: It was. The question was for what the office space -- is that something there -- is
somebody going to stay there full time, like a security type presence, or is that simply
office space?
Walker: It's going to be simply just an office space.
Seal: Okay. Thank you.
Fitzgerald: Additional questions for the applicant?
Grove: Mr. Chair?
Fitzgerald: Go right ahead, sir.
Grove: Hey, Glen, question for you real quick. Just to try and get this in my -- when --
so, it's a valet service. Is that for parking -- do they pull -- does the person pull all the way
to the back of -- where that small office space is or is it pulled up to that main building?
Walker: Well, it's going to be the employees of Precision Storage Concepts that's going
to be taking the vehicle, driving it onto the site and, then, driving it into the facility. So, it's
going to be the employee is taking it and bringing it to where they need to take it. The
customers will not be doing that.
Grove: So, it's a valet service as a -- back to their homes?
Walker: Yeah. It is. It's a -- it's -- it's -- it's solely a valet type service. Precision Storage
Concepts is going to be -- you know, taking the vehicle and bringing it into the -- to the
building -- into the facility and, then, from there they will pull it back out and onto the site
and we will most likely call the client and say the RV is ready for pickup and, then, the
client comes and picks it up.
Fitzgerald: Commissioner Grove, did you have another comment?
Grove: That answered it. Thank you.
Fitzgerald: Yep. Any additional questions to the applicant?
Pitzer: Mr. Chair?
Fitzgerald: Commissioner Pitzer, go right ahead.
Pitzer: Okay. So, I'm like Commissioner Grove, I'm trying to wrap my head around this.
So, they come to pick it up, but they don't come to drop it off; is that correct?
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Walker: Well, I'm not sure exactly the process. We could get the ownership to talk about
that. But I believe that for the most part, you know, when you come and you -- the client
potentially probably would drive somewhat into the site, drop it off near the building, check
in and, then, from there the -- the employees would take over and grab the -- grab the RV
and, then, take it into the facility.
Pitzer: Okay. Thank you. That would make more sense to me. Okay. Thank you.
Walker: Uh-huh.
Fitzgerald: Any additional questions this time -- at this time? Seeing none, Glen, we will
be back to you shortly so you can close, but we are going to see if there is any public
testimony and, then, we will let you close up. Adrienne, do we have anyone wishing to
testify on this application, either in person or on the line?
Weatherly: Mr. Chair, we had some people sign up, but no one indicated a wish to testify.
Fitzgerald: Is there anyone in the audience or online that would like to testify on this
application? Please raise your hand or signify by raising your hand on Zoom. Or in the
audience. Which ever one. And Commissioner Seal will be the eyes.
Seal: I see no one in the audience raising a hand.
Fitzgerald: Madam Clerk, are we good to go on the other side?
Weatherly: Mr. Chair, that's correct.
Fitzgerald: Okay. Thanks, ma'am. Glen, do you have any additional final comments you
would like to make before we deliberate?
Walker: I would just like to say that we through the ownership group and myself really
feel that this project will fit in very nicely within this area in that we are working with the
storage of expensive RVs and boats and having Bish's RV and Camping World right
across the street, which is kind of in the same use as -- as those, so we feel that this
project will definitely fit in nicely in this area.
Fitzgerald: Well, we appreciate you being here this evening and are there any other
questions for the applicant before we close the public hearing? Going once? Going
twice? Sir, we greatly appreciate you being here tonight and can I get a motion to close
the public hearing?
Holland: So moved.
Seal: Mr. Chair? Oh. Second.
Fitzgerald: Oh, Commissioner Seal, go right ahead.
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Seal: No. Go ahead. I was just going to make the motion, but it's been made, so --
Fitzgerald: Okay. Can I get a second?
McCarvel: Second.
Fitzgerald: I have a motion and a second to close the public hearing on file number H-
2020-0058. All those in favor say aye. Opposed same. Motion passes.
MOTION CARRIED: SIX AYES. ONE ABSENT.
Fitzgerald: Anyone want to lead off?
Seal: Mr. Chair?
Fitzgerald: Commissioner Seal, go right ahead.
Seal: I really like the concept of this. So, being a trailer owner myself it's -- it's probably
not something that I would -- would utilize, but I do know people that would utilize it and I
mean it would help them out a lot of -- I would say elderly folks that are not so much
mechanically inclined, but do have large motor homes would more than likely use this
service a lot and being right across the street from the two dealers over there, I mean I
can see that, you know, incentives for trailer buying and being able to use that service
are probably -- probably in the works already. So, as far as it fitting in, you know, I mean
I -- as far as a six foot fence or an eight foot fence, depending on the landscaping that's
put in there, it may be moot, but I mean if -- if an eight foot fence is something that
everybody thinks we should put in there, I mean that's -- I'm totally workable with that for
sure, so -- but I think this was -- you know, location is everything and -- and I think it's well
thought out and I think it will be a good addition to the community.
McCarvel: Mr. Chair?
Fitzgerald: Commissioner McCarvel.
McCarvel: Yeah. I would be in support of this, especially with the revised renderings.
Just a couple little add-ons made a nice difference and, I agree, I think it will be utilized a
bunch.
Fitzgerald: Commissioner Holland.
Holland: Mr. Chair, I -- I like the concept as well and I like that they are putting the RV
units in the back and have the building up front. That's not something we typically see
with RV storage, so I appreciate that and, you know, someday if this ever was repurposed
as another use it's certainly a nice looking attractive building that could be used a number
of different ways. One question I do have -- if we could go back to what the surrounding
uses are around this, I don't mind the eight foot fence, but there may be some that we
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don't need any fence on, if it's next to another commercial or whatnot. I can't remember
exactly what's on both sides of it, though. I think an eight foot fence (unintelligible).
Fitzgerald: Yeah.
Holland: Okay. Then an eight foot fence it is.
Fitzgerald: I think -- I will let Joe give me direction, but I think it's residential on all sides.
Except for the north.
Dodson: Mr. Chair?
Fitzgerald: Joe, is that correct? Yes, go ahead, sir.
Dodson: Yes, Mr. Chair, to the north, yes, is Overland and, then, I-L zoning east, south
and to the southwest is residential. But directly abutting the site to the west is Fire Station
No. 6, the brand new one. So, that's also not residential.
Fitzgerald: But to the south of that is residential neighborhood that runs along that east
corridor; right? Or that east boundary? South of the fire station.
Dodson: Along the west boundary, yeah, that's where some multi-family residential is
and R-15 zoning.
Fitzgerald: Okay. Thank you. Additional comments? Commissioner Pitzer, do you have
a comment?
Pitzer: Yes. No. I -- and I'm just going to echo the sentiment here. I think this is -- this
is a great idea to put right across the street from the other RV places and I'm in full support
of this and -- yeah, six foot, eight foot fence, either works for me.
Holland: Mr. Chair?
Fitzgerald: Go right ahead.
Holland: I don't want to cut anyone off, but I will make a motion, unless anybody else has
comments, but -- after-- after considering all staff, applicant, and public testimony I move
to recommend approval to City Council of file number H-2020-0058 -- making sure I have
got the right one. As presented in the staff report for the hearing date of July 9th, 2020,
with the modification that they would be putting in an eight foot fence where the property
lines abut two residential uses.
Seal: Second.
Fitzgerald: I have a motion and a second to recommend approval of file number H-2020-
0058, Epic Storage Facility. All those in favor say aye. Any opposed? Motion passes.
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MOTION CARRIED: SIX AYES. ONE ABSENT.
Fitzgerald: Glen, thank you for being here tonight and good luck. I wish you guys the
best.
Walker: All right. Thank you, Commissioners.
Fitzgerald: Does anyone need to take a break for any reason or you want to keep plowing
forward and we get into a --
Parsons: That's -- Mr. Chair, that's up to you. If you want -- your purview. If you guys
need a five minute break, happy to do that while we get set up for the next presentation.
Fitzgerald: Okay. Let's do that real quick. We are going to take a bio break.
(Recess: 8:35 p.m. to 8:44 p.m.)
Weatherly: Mr. Chair, we are all here and ready to go.
C. Public Hearing for Apex (H-2020-0066) by Brighton, Murgoitio,
et al., Located generally located east of S. Meridian Rd. and
north of E. Columbia Rd.
1. Request: Modification to Existing Development Agreements
(H-2015-0019: Brighton Investments, LLC — Inst. # 2016-
007072; SCS Brighton, LLC — Inst. #2016-007073; Murgoitio
Limited Partnership — Inst. # 2016-007074) to replace the
agreements with one new agreement based on the proposed
development plan.
2. Request: Annexation of 40.09 acres of land with an R-2
zoning district. Request Continued to a Future Date to be
Determined
3. Request: A Rezone of 384.27 acres of land from the R-4 to
the R-8 144.78+119.28=264.06 acres), R-15 ( 76.93 acres)
and C-C (43.28 acres) zoning districts.
D. Public Hearing for Apex Northwest ( H-2020-0056) by Brighton,
Murgoitio, et al., Located at the Northwest Corner of S. Locust
Grove Rd. and E. Lake Hazel Rd.
1. Request: Preliminary Plat consisting of 120 residential
buildable lots, 11 commercial buildable lots and 14 common
lots on 41.75 acres of land in the C-C and R-15 zoning
districts.
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E. Public Hearing for Apex Southeast ( H-2020-0057) by Brighton,
Murgoitio, et al., Located at the Southeast Corner of S. Locust
Grove Rd. and E. Lake Hazel Rd.
1. Request: A Preliminary Plat consisting of 237 residential
buildable lots, 2 commercial buildable lots, 30 common lots
and 10 other (shared driveway) lots on 81.63 acres of land in
the C-C and R-8 zoning districts.
Fitzgerald: Thank you, Madam Clerk. So, moving on to the next three items on our
agenda, we are going to open these in order all at the same time, so at this time I would
like to open the public hearing for Apex by Brighton, File No. H-2020-0066, File No. H-
2020-0056 and H-2020-0057 and start with the staff report. Sonya, it's all you, ma'am.
Allen: I see that, thank you. You always know, but it's after you say it. Thank you, Mr.
Chair, Members of the Commission. We did have a request by the property owner late
today that they would like to change the request for annexation and zoning of that
westernmost green parcel you see on the map here, that was proposed to be zoned R-2,
40 acres of land, they want to actually continue this portion of the project to a later
commission hearing date in order to re-notice the application to include R-4 and R-2
zoning. So, the annexation portion is being broken out of this application tonight and will
be on a later agenda. So, the annexation will not be part of your motion tonight,
Commissioners. The applications before you are a request for a development agreement
modification, a rezone, and two preliminary plats. The rezone area consists of 384.97
acres of land. It's just generally located east of South Meridian Road, State Highway 69,
half mile north of East Columbia Road and a quarter mile south of East Amity Road. This
property is surrounded primarily by rural residential and agricultural uses, zoned R-4,
RUT, C-2 and R-1. This property was annexed as part of the south Meridian annexation
initiated by the city in 2015. The purpose of the annexation was to obtain easements and
construct infrastructure for extension of city water and sewer service in the southern
portion of the city. A placeholder zoning of R-4 was given to these properties and a
development agreement was required as a provision of annexation that is required to be
modified upon development of these properties. Two hundred and six approximate acres
are designated medium density residential on the future land use map. Approximately 21
acres are designated medium high density residential. And approximately 120 acres are
designated mixed use commercial. A future school site and city park is designated in the
general area northwest of the Locust Grove-Lake Hazel intersection, north of the MUC
designated area. Another school site is designated on the east side of North Locust
Grove Road north of Lake Hazel Road just north of the subject rezone area. A rezone of
384.97 acres of land from the R-4 to the R-2 zone -- actually, that portion is being stricken,
as I mentioned earlier. Two hundred and sixty-four point zero six acres to R-8.
Approximately 77 acres to R-15 and 43 acres to C-C zoning districts is proposed,
consistent with the associated medium density residential, medium high density
residential, and mixed use community future land use designations. Only 123.38 acres
of land to be rezoned is proposed to be sub -- subdivided with this application. The
remainder will be developed at a later date. A master plan was submitted as shown on
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the right that depicts how the property is proposed to develop with single family residential
homes, two swimming pools, commercial office uses, a community center, amphitheater,
two school sites, a charter and an elementary school, and future development areas with
a conceptual street layout. A modification to the existing development agreements is
requested to replace the agreements with a new agreement based on the master plan
proposed with this application. In the mixed use community designated areas where a
concept plan isn't depicted, the development agreement is required to be modified to
include a concept plan prior to development of those areas to ensure future development
is consistent with the general mixed use guidelines and the mixed use community
guidelines in the comp plan. Two separate preliminary plats are proposed due to the right
of way for Lake Hazel and Locust Grove Roads separating the sites. The preliminary plat
for Apex Northwest -- and that is the area -- if you can see my cursor right here on the
northwest corner of Lake Hazel and Locust Grove, consists of 120 single family residential
buildable lots for the development of 88 detached and 32 attached dwelling units, all alley
loaded, 11 commercial buildable lots and 14 common lots on 41.75 acres of land in the
R-15 and C-C zoning districts. The minimum lot size proposed is 2,863 square feet, with
an average lot size of 3,885 square feet. The gross density proposed is 5.62 units per
acre, with a net density of 11.21 units per acre. The subdivision is proposed to develop
in three phases as shown on the phasing plan. The preliminary plat for Apex Southeast,
located at the southeast corner of Lake Hazel and Locust Grove Roads here where my
cursor is at, consists of 237 single family residential buildable lots, front and alley loaded,
two commercial buildable lots, 30 common lots and ten other shared driveway lots on
81.63 acres of land in the C-C and R-8 zoning districts. The minimum lot size proposed
is 4,840 square feet, with an average lot size of 7,058 square feet. The gross density
proposed is 3.75 units per acre, with a net density of 6.17 units per acre. The subdivision
is proposed to develop in five phases as shown on the phasing plan on the right. Overall
a total of 357 single family residential buildable lots, 13 commercial buildable lots, 44
common lots and ten other lots are proposed between the two subdivisions at a gross
overall density of 4.22 units per acre and a net overall density of 7.27 units per acre.
There are no existing structures within the boundaries of the proposed plats. The
Northwest Williams Gas Pipeline crosses the northeast corners of both subdivisions.
Development within this area should comply with the Williams Developers Handbook. No
structures should be located within the easement. In Apex Northwest two public street
accesses are proposed via East Lake Hazel Road and two public street accesses are
proposed via Locust Grove Road, both arterial streets. Collector streets, East Crescendo
Street and South Apex Avenue, are proposed in accord with the master street map. In
Apex Southeast three public street accesses are proposed via Locust Grove and two
public street accesses are proposed via Lake Hazel Road. Collector streets, Tower
Street, Vertex Way and Via Roberto Street, are proposed in accord with the master street
map. Alleys are proposed for access to homes in Apex Northwest and local streets,
alleys, and common driveways are proposed for access in Apex Southeast. Cross-
access ingress-egress easements are required to be provided between all commercial
lots. The applicant has proposed to enter into a cooperative development agreement with
ACHD to improve Lake Hazel and Locust Grove Roads abutting the site with additional
travel lanes, curb, gutter, planter strips and sidewalk with the first phase of development.
Multi-use pathways are required to be provided with development along the south side of
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Lake Hazel Road, connecting Locust Grove Road to the pathway and in Discovery Park
within the Williams Pipeline Easement and as otherwise required by the Parks
Department in accord with the pathways master plan. A minimum of ten percent qualified
open space is required to be provided in each subdivision. Open space exhibits were
submitted that appear to meet the minimum standards. However, some areas were
included that don't qualify, such as common areas in the C-C zoning district. To ensure
the developments comply with the minimum standard staff is recommending the exhibits
are revised prior to the Council hearing. If additional open space is needed it should be
provided. Based on the area of the Apex Northwest plat a minimum of one qualified site
amenity is required. A gazebo is proposed as an amenity. Staff is recommending tables
and benches are also provided to qualify as a picnic area amenity. Based on the area
the Apex Southeast plat, a minimum of three qualified amenities are required. A
swimming pool, children's play equipment, and multi- use pathways are proposed as
amenities in accord with UDC standards. Several conceptual building elevations were
submitted for their proposed single family homes and commercial structures planned to
be constructed in this development. Homes are a mix of one and two story units, attached
and detached, with building materials consisting of a variety of siding styles and stucco,
with stone and brick veneer accents. Final design is required to comply with the design
standards in the architectural standards manual. Single family detached dwellings are
exempt from design review standards. Because two story home elevations that face
arterial and collector streets are highly visible, staff recommends the rear and/or side of
structures on lots that face these streets incorporate articulation through various specific
means or other integrated architectural elements to break up monotonous wall plains and
roof lines that are visible from these streets. Single story structures are exempt from this
requirement. No public comments have been received on this application. Staff is
recommending approval with an amendment to the existing development agreements to
include a new development agreement for the overall property per the provisions in the
staff report. Staff will stand for any questions.
Fitzgerald: Thanks, Sonya. Are there any questions for staff? Anyone?
Allen: Mr. Chair, the clerk just told me --
Fitzgerald: Go ahead, ma'am.
Allen: Excuse me. The clerk just told me that there was one public comment received
late today and it is in the public record.
Fitzgerald: Okay. Thank you for that.
Allen: Thank you.
Fitzgerald: Hearing no questions for staff at this time, Mr. Wardle, would you like to take
it from here, sir.
Wardle: Thank you, Mr. Chair. First off can you hear me okay?
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F51
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Fitzgerald: Yep. You're good.
Wardle: Great. Thank you. I'm going to share my screen here. Good evening, Mr. Chair.
My name is Jon Wardle. My address is 2929 West Navigator, Suite 400, in Meridian,
Idaho. 83642. With me tonight I have David Turnbull, Lars Hansen and Mike Wardle, all
representing the Brighton team and I wanted to take an opportunity to let you know that
they are here available for questions at the end should you have any specific to the
project. We are really excited about the opportunity to bring this project Pinnacle to you
tonight. Pinnacle is a -- is a mixed use community. It's not often that we have an
opportunity to develop four corners. It's often one side of the street or the other, but in
this case we actually have an opportunity to develop all four corners at the intersection of
Lake Hazel and Locust Grove. Even though we are divided by these roads, it will be
developed as a single project and in multiple phases over time. We are very excited
about the opportunity to develop Pinnacle and create not -- not only an identity for
Pinnacle, but also an anchor for south Meridian, provide services and other things that
will be a community asset and a value to everybody that lives out in the area that is also
on a broader range. Pinnacle was designed as a mixed use planned community. When
we began looking at this we wanted to identify some key components, living, education
services and outdoor opportunities and so as we go through our presentation tonight I will
give you a little bit more detail on all of those. As mentioned just a minute ago, there was
an annexation request for 40 acres on the west side adjacent to Meridian Road. At the
request of the co-applicant of that, they have asked that that be continued. So, that
tonight has been pulled off the table, but it doesn't have any impact on the rest of the
project that will be in front of you. We are asking for rezone to match up with the overall
master plan that's in front of you. We do have -- now, it is one project, but we do have
two plats, because we are split by public roads, Apex Northwest and Apex Southeast,
and there is also a request to modify the development agreement, which Council will hear
in the future. As I mentioned just a couple of minutes ago, when we started looking at
Pinnacle we were looking at the -- the items and elements that really make up a planned
community. As I put up here on the screen here they really are living options, education,
services that are at appropriate scale and also recreation. In addition, because we are
on this intersection of Lake Hazel and Locust Grove, we have a great opportunity to
provide additional services to the broader community, not just the residents that will live
in Pinnacle. Starting off the first element are living options. We have identified in the first
two plats a couple of different living options. In Pinnacle Northwest we have alley and
also row homes. In Pinnacle Southeast we have conventional homes that you -- that we
see everywhere. But in combination these are a mix of residential uses which
complement each other and provide an opportunity for different type of lifestyle, attached
or detached, but also a maintenance or no maintenance, meaning a homeowner would
take care of his own or it would be taken care of for them. One key element that we know
is important to our community is education. We have been working for some time with
West -- West Ada School District. We have identified a future site for an elementary
school and we will continue to work with them on that -- on those plans. But one of the
items that we are real excited about that is shown here before you is a future charter
school. We have been working with Gem Prep Academy. They are looking for additional
opportunities to provide education in Meridian and we have identified this site in Pinnacle
Meridian Planning&Zoning Commission
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Southeast. It's about a seven acre site. It would be a K through eight school. Public
charter school. But we are really excited about that. They would come in with a future
application through the conditional use process. Like their timeline and our timeline --
their intent would be to open fall of 2022. One of the things that's also important is to
have services which residents and other community members can use. It's important to
have services that are of an appropriate scale. Lake Hazel longterm will have more traffic
to it, as will Locust Grove. We really designed this first section in Pinnacle Northwest to
be a small scale, a neighborhood scaled retail area. A couple of things that we are doing
here that are unique is retail needs people and so in order to drive that we are going to
put our community center here at the core of this and I will get into a little bit more about
some of the services that will be there, but we think that having a very active community
center surrounded by a similar scale to retail will provide an opportunity for success for
those future retail users here. The retail we see will be a combination of small scale office,
medical services, small retail services and those will be defined over time based on what
neighbors and community needs here at this location. Of note as well this -- this area
here identified in the corner, it's about ten acres, and seven acres of that is -- is combined
for the community center and these office retail uses at this location. We are really excited
about the opportunities that we have to provide -- to help people be outdoors, be social,
but also have space. We know that having space is an important thing and so we feel
like we are starting to provide some opportunities that will be both beneficial to the
Pinnacle community, but also provide some valued connections to the greater south
Meridian area. Some of the things that we are proposing with Pinnacle is an amphitheater
and community center kind of at the center at Lake Hazel and Locust Grove, trails and
pathways, and pools and parks. Really what this becomes -- it is a neighborhood town
center for south Meridian. Not intense like you would find it at The Village, but of an
appropriate scale and services that would be beneficial to this area. I'm going to zoom in
here on a couple things. First talk about the amphitheater and community center here in
the core on this ten acre corner piece. We have thought long and hard about the
opportunities here and how to create a place where people will come and gather. As we
started looking at this we really felt like there was value in not turning our back on a park,
but making the park a center, a keystone of Pinnacle, not just for the residents, but it is
surrounded by public streets. We really want to see people come here and gather here
with this amphitheater. It could be for small concerts. It could be for farmers markets.
We also see the opportunity on the streets that we could park food trucks so they can
come there. It really becomes an activity center for the greater community. This is looking
-- this is looking from the northwest to southeast towards the corner of Lake Hazel and
Locust Grove. This perspective -- if you were standing in the community center you would
be looking back into the commons and the amphitheater. Here is that same view, but
elevated up above, so you kind of get the size and scope of this. The park element itself,
we were calculating that earlier today, get to it right here really quick. Yeah. So, the park
element and the community center is 3.25 acres. In context, City Hall here sits on 2.75
acres. City Hall and the parking lot. So, we are adding about a half acre more of a great
park element, a community center, and associated retail uses and commercial uses
around the site. This community center right here that I have shown here -- this will face
both the park and also into the parking area, which we will see here in a second on how
that works. The community center really is designed to provide ample outdoor spaces,
Meridian Planning&Zoning Commission
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but also indoor spaces. We see that we will be doing -- all of our mail delivery will be at
the community center. There will be places for package drop offs. We will also have a
cafe in there. You talked about having a small library, either-- either a community library
or something bigger than that. There will be a business center. It becomes the activity
hub for both the residents and also the community at large at Pinnacle. Again, looking
here back towards the northeast, this shot kind of gives you the perspective where the
community center and amphitheater commons would be and how those two would relate.
We really have an opportunity here to activate this area over time. When I say activate,
bring people together. People are looking for that third place. They have work or school
and they have home. They want that place where they can go, meet other people, but
still have, you know, the ability to have some distance and we really feel like this provides
a great cornerstone for south Meridian. And, finally, this picture right here, this is looking
at the intersection, the roundabout, looking towards the northwest to kind of get a
perspective of Locust Grove and Lake Hazel, how those buildings would relate to both of
those arterial roadways. And, finally, just one last picture here looking towards the south
and you see the back side of the community center, but it's not really backside, it's a four
sided architectural building. We will have plaza spaces there as well. People can come
in, pick up their mail, get some services and also participate in other activities that we will
have programmed with an on-site community director. One of the things that we have
heard a lot about south -- south Meridian -- what we hear in all of our communities is the
importance of connections. We view connections as pathways and sidewalks. This
graphic right here that's in front of you, these red lines represent new pathway systems,
which would be ten feet in size or provide other connections to other neighborhoods like
this. We are going to have ten foot detached sidewalks on both sides of Lake Hazel,
along a mobility corridor that ultimately will connect into Discovery Park. You will also
have a ten foot sidewalk heading north on Locust Grove and, then, as you see it goes on
the diagonal, that's the Williams Pipeline. It creates both some challenges, but also an
opportunity. We are going to activate that corridor, green it up. We can't build any
structures -- buildings over the top of it, but we can bring pathways through there. We
can create some common areas, and this ten foot pathway will connect the northwest part
of our project and beyond down to Discovery Park for new pathways which are safe
corridors to travel on. And, finally, one of the key elements, obviously, are parks and
other -- other services. In the southeast area we are showing in our first phase a pool
and playground area that we will be building. We have some micro path connections
which will be built over to Discovery Park in the Pinnacle Northwest area. We will be
building that community center and commons and amphitheater with our second phase.
It will be the first phase up there, but with our second phase, so those elements are there
right from the very beginning as well. We do have a variety of open spaces, gazebos, we
have a future pool and other pathway connections planned to the northwest. That gives
you an idea of what we are doing from the very beginning with these two plants, which
are before you tonight. As Sonya mentioned, the applications before you -- really that
first one, the annexation, has been continued. We are rezoning Pinnacle to match with
the type of land uses which are now before you in this master plan. It is one project, but
there are two preliminary plats, Apex Northwest and Apex southeast, and we will be
modifying the development agreement. Just wanted to kind of give you an illustration of
how the zoning here overlays the boundaries of the -- of the project in relationship to the
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July 9,2020 Item 1. F54
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broader community. We have a variety of land uses here with R-8, R-15. We are
maintaining R-4 over adjacent to the existing homes, which are shown there with that
project area. We also have C-C designated areas, which allow for community scale and
neighborhood scale retail, but also other type of residential uses in the future, depending
on the demand and interest in the market. And, again, this is just a side by side of our
land use map and the zoning which is proposed. And, finally, just in summary, like I said,
we are presenting to you an overall concept plan for Pinnacle. It is divided into two
subdivisions or plats before you, Apex Northwest, which was 120 residential lots with 11
commercial lots on 41 acres and Apex Southeast, 237 residential lots, two commercial
lots with that future charter school there as well on 81.63 acres. Finally, we do agree with
the conditions of approval, subject to some clarifications that we have been working with
staff on some design elements, which -- which are not major, but we will address those
prior to City Council. We do not have any modifications to the conditions that we are
requesting this evening and we do request that the Planning and Zoning Commission
recommend that these applications move forward to the Council, not for annexation, but
for zoning and the preliminary plat as proposed by staff as we have given to you this
evening in our public testimony. That's the end of my discussion or the end of my
comments. I am willing to take any questions you have or for our team here as well.
Fitzgerald: Mr. Wardle, we appreciate you being here. I have a quick question. I know
in -- in a -- you know, this is a big significant chunk of land. You all are doing a significant
offsite in widening roads and adding signals; is that correct? Just so we have that on the
record.
Wardle: Commission Fitzgerald, thank you. Yes. To let you know what we are doing
currently, on this exhibit right now in the northwest corner where you see kind of some
gravel pits up there close to Amity Road, that's where the city brought in its sewer line.
We have actually picked up the sewer line and built about three quarters of a mile of it,
but we are extending that trunk sewer line all the way down to the city park, so the future
phase of the city park can -- next phase can bring -- be brought online as well. One of
the other key elements that we are involved in as well is the ultimate construction of Lake
Hazel and Locust Grove to match the long range plans that ACHD has for the area. We
are going to enter into a cooperative development agreement with them. So, at the very
beginning of the project or concurrent with these first phases we will be building a dual
lane roundabout, we will be building Lake Hazel at least a quarter mile each way with
these first phases as a five lane roadway system with a median that would allow for turn
lanes and we will be rebuilding Locust Grove as well as a three lane roadway in
cooperation with ACHD. So, we have made that commitment. We are going to do that
the very beginning. We are invested already without any approvals on extending the long
range planned sewer trunk line for this area. So, yes, those things we are involved in and
are committing to with this project.
Fitzgerald: Thanks, sir. I appreciate the information, for sharing that. Is there questions
for the applicant?
Seal: Mr. Chair?
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Pitzer: Mr. Chair?
Fitzgerald: Commissioner Pitzer, go right ahead, ma'am.
Pitzer: Thank you. Yes. Just for clarification, where the amphitheater is, if you could
bring that back up. You have a little -- you have the square right there that says future.
What do you see for that future?
Wardle: Let me see here. Was it this one?
Pitzer: This one here. Yes.
Wardle: Yes.
Pitzer: North of the amphitheater.
Wardle: I don't think you can see my cursor, but, Commissioner Pitzer, you were -- you
were mentioning that future square, it's about a ten acre site. We are zoning it as R-15.
We don't have plans for it at this moment, but we do view it as residential in the future.
One of the things if we were to draw a line through -- you see the red pathway to the
northwest, that is the Williams Pipeline. The Williams Pipeline bisects that parcel, so we
are just pausing at this moment in time as we are continuing to work with them on how
design in and around that would be. It is a 70 foot easement that they have through there.
Actually have a couple of pipelines that are in that easement. So, we do need to take
care as we are going through there. But at this point in time we are not presenting any
plans to the Commission and would come back at a future date with a new plat or plans
for that future area.
Pitzer: Okay. Thank you. And follow up?
Fitzgerald: Go right ahead, ma'am.
Pitzer: Thank you. What -- are there any grocery stores, gas stations, anything like that
within this area?
Wardle: Mr. Chair, Commissioner Pitzer, at this time we do not have anything planned
at this intersection. We do have an opportunity in future. We have some other C-C zoning
in there, but we want to make sure that the retail uses are of a scale which is appropriate.
There are other locations which we think will end up being probably a little higher traffic,
perhaps closer over to Meridian Road and State Highway 69. At this time the retail that
we are proposing would be of small scale, probably in the ballpark of four to ten thousand
square foot structures that would be services related to the community.
Pitzer: Okay. Thank you very much.
Wardle: Thank you.
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Seal: Mr. Chair?
Fitzgerald: Go right ahead, sir.
Seal: Was that for me?
Fitzgerald: Yes.
Seal: Just a quick question on the school sites. Are the school sites something that you
were working to donate fully, partially donate, or is that something where the school is
going to buy the land and go from there?
Wardle: Mr. Chair, Commissioner Seal, Brighton has a long standing history of working
with the schools. We have done this at other locations in most every one of our
communities in Meridian. I don't want to get into the details on what that really means,
other than we are committed to education and we -- we are working hard to make sure
that education happens early here, just like we have in other communities. So, I don't
really want to get into details on what those -- how the land would transfer, other than to
say that we have a long term commitment to education in Pinnacle.
Seal: Okay. Thank you.
Fitzgerald: Follow up, Mr. Seal?
Seal: No. That's all. Thank you.
Fitzgerald: Okay. Commissioner Grove, were you unmuted?
Grove: Yes.
Fitzgerald: Sir, go right ahead. Thanks.
Grove: All right. Thank you, Mr. Chair. Mr. Wardle, a couple of -- I had two separate
questions. First one is related to the improvements right there and -- for the street. This
is something unique to our streetscape. Is this proposal something that would -- like was
actually going to go through in terms of the median that is set up on -- which one is that?
Lake Hazel. And I guess Locust Grove as well.
Wardle: Mr. Chair, give me a second here. Let me scroll back to a different graphic that
pulls it down a little bit closer, just so you can kind of see here. There is a dark line here,
so that --that is over the top of a continuous median both east and west from Lake Hazel.
As we know, Lake Hazel is a -- you know, is going to be a mobility corridor in the future.
It's not carrying that currently, but we want to make sure that it's designed appropriately.
But given the nature of the roundabout as well, we don't want to have too many conflicts
coming in and out of the parcels and so when you get back to -- back to the amphitheater
area, this is a continuous median that would come across Lake Hazel -- there would be
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a turn lane -- a dedicated turn lane more to the west, so you would have the same
treatment to the east, but, yes, we are -- we are committed to building those medians in
those areas, both from an enhancement, but also to control access to the parcels north
and south of that Lake Hazel area, given that we have a roundabout there.
Grove: Thank you. I like that. It gives some character to an otherwise flat piece of land,
so that's kind of cool. The second question that I had was related to open space and how
that is possibly impacting your decision on the northwest parcel. In regards to the -- if the
civics aspect is not able to be calculated, does that impact your open space needs during
this first phase and if it does are you able to accelerate the addition of the space
surrounding the future pool?
Wardle: Mr. Chair, Commissioner Grove, let me just make sure I understand the question.
You can just nod if I do. You are asking if we feel like we have sufficient open space in
the northwest area if we can't count the amphitheater as -- within our common area.
Okay. All right. We do believe that we do. There -- there is an area which is directly
adjacent to the amphitheater to the west, which has a lot of common area. We have other
buffers as well down here on Lake Hazel. We do believe that we -- the calculations are
there for it. I would note, however, it is interesting -- the only reason we are not able to
count it is because it's in a C-C zone. We very easily could have redrawed the zoning
down the middle of the private drive between the amphitheater and the community center
and bring it in and it would be more than -- more than -- way more than is needed, but
because it is in the C-C zone as relates to commercial it, quote, isn't counted. I do think,
however, if you look in the context of this community, the open space that's there, the
amphitheater and the opportunity to bring in a lot of other residents and community
members, we think it's a great asset. But your original question, we do think that we have
sufficient open space in the other R-15 area, which is shown within the plat.
Fitzgerald: Mr. Grove, any -- additional questions for the applicant?
Grove: Not at this time.
Wardle: Can I just see if there is anything else that needs to be clarified? Okay. We are
good on our end. Thank you.
Fitzgerald: Thanks, Mr. Wardle. We appreciate it. We will let you close if there is
additional public testimony. I will give you an opportunity to close either way, but if there
is -- we will come back to you in a moment. Madam Clerk, is there anyone signed up to
testify on this application?
Weatherly: Mr. Chair, we had several people sign up, one who wished to testify in house
and that is Stacia Morgan.
Fitzgerald: Okay.
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Morgan: Okay. Hi, I'm Stacia Morgan. I live at 1130 East Tanya Lane here in Meridian
and I guess I'm mostly here to say -- I mean it looks like that Pinnacle is an exciting
addition to our community and I know that Brighton does a good job of bringing good
things to our community. If it's approved I guess I'm mostly looking to -- not to approve a
future R-15 designation for that one area. Plus I'm here for also a general plea to the
Planning and Zoning Committee to continue to look out for our students. I know -- I was
unaware of this charter school possibility, but it looks like as of now Victory Middle School
is only -- is only 31 kids below capacity and I'm sure just this one Brighton development
will bring more than 31 middle school children for that school, which will have it at
capacity. Besides all the other communities that have been approved and are currently
under construction. I know it's a duty of the Planning and Zoning Committee to do
analysis -- analysis of public school capacity and transportation considerations and one
question I have is do they do those and does the public have access to those analysis as
they consider all these big communities that are coming in. According to the National
Education Association a 15 kid class is ideal. That's totally and completely a dream. But
18 to 24 is more appropriate. Hillsdale in 20 -- 2018-2019 school year had fifth grade
classes with 38 and 39 kids and another one of 39 and in the 2019-2020 all the -- all the
third grade classes had -- had 31 kids in every first grade class. So, this is a huge
concern. I mean I grew up here in Boise and Meridian and catch up has always been the
game that we have played, but our growth is so much faster and we just can't keep playing
the catch up game. The five kids that have -- are in the West Ada School District --
personal experiences I have had one teacher tell me I just don't know what to do with
your daughter. She gets done with her work and I just have too many kids, so she can
just read and maybe you can do things with her at home. She suggested I do some at
home research project with her, because she just has too many kids to deal with and my
kids at the high school have been really frustrated with -- every year we get the e-mail
you cannot change classes. Whatever you get assigned to that is what you do, because
we have too many kids to deal with all these schedule changes. So, unless it's some kind
of emergency you just take what you get and that's really frustrating and, you know, not
-- not good. I think we really have to plan for the education of these kids and part of the
joy of Meridian community -- and they -- Pinnacle mentioned connection and that's --
that's the joy and beauty of living here is the connection with our neighbors and if these
kids, which is currently happening, are bused to different schools and not going to school
with their neighbors, they lose on that connection and that -- that's the beauty of the city.
Kids should not have to be bused to far away schools because of the lack of planning on
the city's part for educational purposes and also if we can kind of limit the number of step-
ups or rezoning, we can limit the number of people in these communities. So, that's my
plea, I guess, is just to, please, keep -- think about our kids and think about our future. I
think that Pinnacle looks great, but we really have to be smart about how we are planning
our community and planning for schools. It looks like there is some good selections with
the elementary school level, but we still suffer in the middle school and, then, even the
high school. So, thank you.
Fitzgerald: Thank you, ma'am. Appreciate you being here with us tonight. Madam Clerk,
is there anyone else that would like to testify that hasn't signed up?
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Weatherly: Mr. Chair, I'm getting one --
Fitzgerald: I have someone raising their hand.
Weatherly: I'm getting one hand raised online, so one moment. Annette, I'm going to
move you over so you can speak. One moment, please.
Fitzgerald: Annette, if you would unmute yourself, you have joined us from the other side,
so if you would, please, state your name and your address for the record and the floor is
yours, ma'am.
Alonso: Okay. I'm Annette Alonso. I live at 2204 East Hyper Drive in Meridian and I live
in Black Rock Subdivision, which will eventually back onto this development on -- off the
canal to the northeast side and I have met with -- with Mr. Wardle and truly I think this is
a beautiful development. It's really well planned. Spoken with Jon and we talked about
this before. I'm representing the Southern Rim Coalition. And the only thing I have to
say is we would like to make sure there is pathways connected through our development.
We have a place where we can connect through -- over the canal. We have a walkway.
Just so we have that thoroughfare going through and like the previous person who spoke
just said, our education thing is quite a disaster at this point and I have tried many times
through City Council -- Wendy Webb, who is my co-chair testified to City Council on a
Linder Cedarbrook the other night and that was turned down by City Council because of
the fact that we have no place to put our children and I love the fact that Brighton is
including the school thing. I think the charter school is great. The problem is is that we
are going to have houses before we have schools and we already have a thousand
houses planned out here with no place for the children to go, because we are at capacity
-- over capacity, so -- so, that's kind of just where we are is that we love this development,
but schools have to come first before we can do anything else, because, you know, we
wouldn't approve houses if we didn't have water. We wouldn't approve houses if we didn't
have sewer. It's basic need and education is basic need. So, that's where we stand.
Like I said, we love this development, we love what Brighton does, we love what they did
with Century Farm. We love their contribution to community and the way they really help
grow the community. We just have to have a school before we have more houses or we
are going to be in real trouble. That's all I have.
Weatherly: Mr. Chair, at this time I don't see anybody else raising their hand in house or
online.
Seal: You are muted, Mr. Chair.
Fitzgerald: Thank you very much. Thanks, Mr. Seal, for bringing that up. Ms. Alonso,
thank you for being here with us tonight. We appreciate your perspective. And I have
one more person that just raised their hand. Can we move Mr. Edwards -- or Mrs.
Edwards -- the Edwards over and have him or her join us as a panelist.
Weatherly: Absolutely. I think it's Julie. Julie, if that's you you can unmute yourself.
Meridian Planning&Zoning Commission
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Fitzgerald: And, Julie, if you hit the button down -- there you go. Julie, please, state your
name and your address for the record. I think we got your testimony late today, but we
appreciate your written testimony, too. So, hopefully, you can give us your take and go
from there. So, the floor is yours, ma'am. Julie, we are not hearing you if you are
speaking. Still having challenges. But I do know we have got Julie's testimony on the --
in written form, which is good. Madam Clerk or Chris, I'm not sure if we can help her.
Weatherly: Julie, if -- if you can check your -- you are unmuted on Zoom, but if you look
on your computer and see if your volume is on and you are not muted on your computer.
It sounds like you might be joining us, but you are really far away.
Allen: Mr. Chair, this is Sonya. If Mrs. Edwards is not able to communicate with us so
we can hear, I am happy to hit the highlights of her written testimony if you would like.
Fitzgerald: Let's do that and she can --
Allen: Okay.
Fitzgerald: Yeah. That would be great. Sonya, if you will hit the highlights of her
testimony and we can --just to make sure everybody has that and, then, Mr. Wardle might
be able to answer any questions that come up in that. That would be great.
Allen: Okay. Mrs. Edwards is opposed to the proposed rezone from R-4 to R-15 for the
land along Lake Hazel Road between Meridian Road and Locust Grove Road. She is not
against higher density around the commercial areas, though. She would like to see the
zoning of the future development areas remain R-4, rather than be rezoned to R-8. She
believes that farmland and open space should be preserved as much as possible. She
is concerned the current school system does not have the capacity to accommodate all
of the students from this development. She would like a moratorium placed on
development that has not already been approved to allow time for the school district and
roads to catch up and to have time to reevaluate how we want to use our dwindling
remaining open spaces and farmland. Hopefully I captured all that, Julie. If not, the
Commissioners do have her entire letter in the public record for review.
Fitzgerald: Thanks, Sonya. Appreciate that. Is there anyone in the audience or
remaining online that would like to testify on this application? So, please, raise your hand.
Seal: I'm seeing nobody in the audience, Mr. Chair.
Fitzgerald: Thanks, Commissioner Seal. Hearing none, Mr. Wardle, would you like to
close, sir.
Wardle: Sure. Thank you very much for the opportunity to make a few comments here
at the very end of this. We -- we are aware this is a large project and we -- we also are
aware that a couple of the items are outside of the city's control, being the roads and
schools, but we feel like we are stepping up to address those and be very proactive. The
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school question came up about, you know, needing more capacity. We went out and we
found a very creative way to create capacity almost at the very beginning of our project.
This K through eight charter school, Gem Prep, they will have 550 new seats that weren't
even anticipated in West Ada's plan. We also committed to West Ada for them to provide
an elementary school here on site as well. We are frustrated as well with the schooling
issue. We are very intimately aware of what's going on in Hillsdale where we have
residents that are living in -- in Century Farm, a community we developed and worked
with West Ada to build that school, but their kids are being bused out, while other kids
several miles away are being bused in. We are frustrated by that, too, and we would like
to see West Ada be a little bit more proactive on doing changes. Now, that's not -- that's
not popular, because people want -- they want the kids to remain in a place long term.
But one way to deal with the capacity issues in West Ada is to change boundaries more
frequently and address those as growth is coming. We do feel that Pinnacle with the
West Ada future school site for an elementary school, as well as his charter school, we
are really bringing some resources sooner -- in particular with a charter school -- than
West Ada would be able to provide in their normal course of business. There was a
question regarding pathways and I just want to see if I have control here still. It says I do,
but let's try this one more time. It is not moving forward here. The question was raised
about pathways. One of the unique things that we have in -- in Meridian are a bunch of
laterals, drains, irrigation areas. The area between us and Black Rock -- and I did meet
with Annette. She came in. We met in probably February before we completely shut
down here. There we go. Thank you, Chris. This plan right here on our eastern
boundary, that pathway system is really designed to follow the Farr Lateral. There is a
connection existing in Black Rock, which they talked to us about, about making a
pedestrian connection out. We think that's great. The more pedestrian connections we
have for opportunities for neighbors to cross back and forth without having to get in the
car is better and we are committed to these as well. So, I think we can very easily provide
new opportunities throughout all this area and get people safely to Discovery Park.
Finally, there is a question about density and rezoning. I just want to go to the city's future
land use map. It was on a smaller scale. It's right here. So, this is the current
Comprehensive Plan that the city has adopted. We have been involved and active in this
conversation. It went through a long review period with a lot of public outreach. As you
will see, Lake Hazel is considered as a location for more -- more density. We are going
to take a look at that long term, but we also are wanting to make sure that we can meet
the residential needs and demands over time and our zoning is married up with the future
land use map. Just in summary, let me go back here. We are -- we are really excited
about Pinnacle. Not -- not just from a, hey, we are -- we have an opportunity to build
some homes and put some -- some roads in the ground. That's beyond what we are
considering here. We are excited because we have an opportunity at the intersections of
Lake Hazel and Locust Grove to create a south Meridian town center. A destination.
Provide connections to the new city park. Provide safe ways for people to move back
and forth along these arterials. Provide additional pathways to and through Pinnacle.
Provide services for not only the residents of Pinnacle, but all of south Meridian and, most
importantly, provide educational opportunities which we all know are super important with
a future charter school and a future elementary school. Like I said, our team here at
Brighton, we are very excited to be before you to do a master planned community, which
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is considering, you know, living, recreation, services and educational opportunities in a
planned manner and we stand for any questions you might have tonight.
Fitzgerald: Mr. Wardle, we appreciate it. Are there questions for the applicant? See
shaking heads. Hearing none at this time. Going once. Going twice. Can I get a motion
to close public hearing?
Holland: So moved.
Grove: Second.
Fitzgerald: I have a motion and a second to close the public hearing on several different
file numbers. All those in favor say aye. Opposed same?
MOTION CARRIED: SIX AYES. ONE ABSENT.
Fitzgerald: Okay. Crew, the applications are properly before you. Who wants to lead
off?
Grove: Mr. Chair?
Fitzgerald: Commissioner Grove.
Grove: I will jump in real quick.
Johnson: Mr. Chair, sorry. Can I interrupt him? I apologize. A member of the public
raised their hand, but you have closed the public hearing. What would you like to us to
do here?
Fitzgerald: I think we have moved on. That's kind of our policy, Chris, so -- appreciate
that. We let Mr. Wardle close, so I think we are going to move forward. Go ahead,
Commissioner Grove.
Grove: Just initial thoughts kind of on this. I like the -- the -- the thought process behind
this project, especially trying to create a sense of community in this part of town, rather
than just a -- you know, adding a subdivision to add a subdivision. Adding, you know, the
elements that are in the comp plan in terms of creating that sense of community with more
than homes, you know, having commercial and civic aspects to this with a variety of
housing options. I like the overall concept that's been provided and, you know, the
education piece is definitely hard. I would love to be able to make some -- you know, if
we had a magic wand and change how we can get schools built in our state that would
be awesome. I do appreciate how they have addressed education as part of their plan
versus saying that, you know, it will come in somewhere close to them. They are actively
doing that. I am really a fan of this amphitheater commons area in particular and first
impressions on it are I like this project and I really like the treatment that they did on the
street in the proposal as well.
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Fitzgerald: Thank you, Commissioner Grove. Commissioner Holland.
Holland: Mr. Chair, I want to say I really like mixed use concepts where they think
comprehensively about how all the elements integrate with each other, instead of just
doing a series of tot lots and a series of pocket parks. They have got more of a centralized
space that's really thinking about the future vision. So, I applaud their efforts in trying to
think creatively and creating an amphitheater where gathering space in Meridian has
been limited and a number of conversations on where do we have more concerts, where
do we have more of these kind of closet events. So, I think they have done a tremendous
job in trying to integrate some of those elements instead of just doing a series of pocket
parks, which they certainly could have done. Overall I think they are following what the
comp plan has. I don't see any big burning concerns on my side. I certainly understand
the public's -- you know, it's -- it's tough with schools and it's hard, because the
Commission doesn't really have the authority over the school district. Our job is to make
sure that these projects fit the Comprehensive Plan and the -- the future use map and as
far as development is going at least a step above, they have got two school sites within
this master planned community and I think that that speaks volumes for their efforts in
wanting to work with the school district to help solve some of the challenges in this area.
So, in my mind I don't see any big glaring concerns.
Fitzgerald: Thank you, ma'am. Commissioner McCarvel, do you --
Seal: Mr. Chair?
Fitzgerald: Oh. Commissioner Seal, go ahead.
Seal: I echo Commissioner Holland's comments and -- and, you know, I -- when I read
the ACHD report on this --just commenting on the roads -- it was almost comical to me.
It was -- I read it as them being kicked back on their heels like they want to do what, you
know. These guys are going to -- they are going to build our roads and -- hold on a
minute, you know. That's kind of the way that I -- and it's -- it's a really really long report
and that's where I got kind of that-- that-- that picture in my head of them reading through
it going, oh, my gosh, how do we handle this. So, I -- you know, I applaud their efforts in
doing this and taking the responsibility and listening to, you know, the times and
opportunities we have had to kind of beat up on them, you know, as well as other
developers to bring something else to the community besides a bunch of houses, so -- I
mean this is a really big development. It's a lot of houses. They just shot down -- you
know, City Council just shot down a large development like this on the south side of the
freeway and understandably, because, you know, the infrastructure isn't there and the
schools aren't there. But seeing a developer coming in and being responsible about that
and just taking -- basically taking the reins. I know we are short on schools. I know the
roads and infrastructures, you know, isn't enough to handle what we are trying to do. So,
we are going to --we are going to do this. You know, I mean -- as basically kind of saying
this--you know, for other developers to--to heed --to heed to. I mean generally speaking
I'm the commissioner that I looked at the ACHD -- or, sorry, the West Ada School District
report first and if they are overcrowded you really really got to do something to make me,
Meridian Planning&Zoning Commission
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you know, jump over that to where I -- I think maybe it might be a good idea to pack more
kids into the schools that are around there. I'm very passionate about that. That said,
the responsibility that's taken in this -- this development is above and beyond in my -- my
view. The way that it's laid out, the concept plans, the ten foot paths to me -- my family
and I -- we try and bike everywhere. We are a biking family and we constantly run into
the fact that a five or six foot sidewalk isn't enough for you to responsibly get around
people. I mean you come up against somebody with a baby stroller or something, you
feel bad. You got to work your way through that. So, ten foot paths all the way around,
that's -- that's remarkable. So, I mean there is -- you know, I have the same hesitations.
I just went to pick my son up this morning at the -- at the south Y and I drove through this
area and part of me is a little bit sad, because it's -- it's wide open spaces. It's farmland.
It's all -- you know, it's the things that we kind of like to see here. That said, the
responsibility is taken in my mind with developing this piece of property and the lengths
they are going to in order to show that responsibility is -- is great. I hope we see a lot
more of this from developers, big and small, because this -- this proves that they want to
be a part of the community to me and the -- I mean I'm not even going to get into the
amphitheater part of it. I love that. So, I -- I like everything about this and I really do
applaud their -- their responsibility that they are taking and trying to help our community
into bettering itself, both with infrastructure and with schools.
Fitzgerald: I -- I will hop in just real quick before -- because I -- I totally agree with
everything you just said. It is showcasing by setting an example, taking a step forward
and investing in those things. Taking what could be additional homes and, you know,
providing that school and, then, building the roads. So, you are -- that you are taking that
step forward I think is -- is exceptional and it should be an example for other developers.
So, I wholeheartedly agree with what you just said and I can't really improve on what you
said, so I -- I think you took the words right out of my mouth, because I had the same
feeling, so -- Commissioner McCarvel.
McCarvel: I'm really glad you all used all those words to describe this, because as long
as I have been on the Commission I have got to say I'm about speechless. This is
beautiful. The traffic calming on -- coming up to the intersection on the roads, the open
space and just the overall framed together, the R-2, R-4, R-8, all of it blended -- it looks
like it's going together really well and I think that's what you want to see in these -- in
these communities being able -- to ask for a mix of housing types and I think this is going
to be a good blend and, like they said, it's not often they get a chance to do all four corners.
So, I'm glad they got the opportunity, because this is -- like I said, if we could do more of
this it would be a great thing to the City of Meridian.
Fitzgerald: Additional comment?
Pitzer: Mr. Chair?
Fitzgerald: Commissioner Pitzer.
Meridian Planning&Zoning Commission
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Pitzer: Yeah. I -- I'm going to echo those comments, but also I just wanted to mention,
you know, I -- I came from a very rural area that changed and transitioned and I went
through all the hardships of the -- you know, the cows and the dairies and -- and all of
that and -- and I did read the letter and I do listen to the public comments and I appreciate
all of them, but I -- I think this is transitioning well. I know that the R-15 right now is --
seems high, but it's around the commercial area and I think if we look at the other zoning
that they want to do, especially keeping R-2 and R-4 to the other areas, I think it's going
to transition well and the fact that they have so much invested in the community as a
whole and -- and I think that, you know, the grocery stores and the other commercial are
going to follow. It's going to come. But, you know, they are not going to come out if there
is no houses, so I think this is very well thought out. I think it's another great Brighton
community and I do applaud the thoughtfulness that -- that has gone into this and -- and
-- yeah. I think the transition is there.
Holland: Mr. Chair? I don't know if you are talking back, but I'm going to make a motion.
Fitzgerald: Sorry.
Holland: After hearing all the applicant and public testimony --
Seal: Commissioner Holland?
Holland: Yes.
Seal: Can I interject something here real quick? And there was a question as to the
open space and whether or not that it would be able to accommodate by -- when they
removed this area here. I would -- I mean I was going to try and do the motion, but you
are way too quick at this, so -- but I -- honestly, I wouldn't mind having something stated
in there that as long as they are close I -- whatever -- I mean if we have to do alternative
compliance, whatever that is in order to let them know that, yes, even if the surrounding
area doesn't quite make it, I'm okay with that and in this area specifically, in the -- in the
-- in the northwest corner specifically. I don't know if that's something that we want to
note in there, but I'm -- I think they have gone above and beyond with this concept to the
point where I think it may be worth noting in a motion.
Holland: Commissioner Seal, I'm happy to have you make that motion. Go right ahead,
sir.
Seal: Great. Now -- so, now I have to think of how to say that. Okay. After considering
all staff, applicant, and public testimony, I move to recommend approval to the City
Council of file numbers H-2020-0056, H-2020-0057, and H-2020-0066 as presented in
the staff report for the hearing date of July 9th, 2020, with the following modifications:
That if open space -- after the removal of the amphitheater does not meet the criteria, that
they are given credit for the amphitheater space in an alternative compliance.
McCarvel: Commissioner Seal --
Meridian Planning&Zoning Commission
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Seal: Go ahead.
Fitzgerald: Yeah. Just for clarification, do we have to pull out the annexation?
McCarvel: Yeah.
Pogue: That's correct.
McCarvel: H-2020-0066.
Seal: We pulled out H-2020-0066?
Fitzgerald: Just the annexation.
McCarvel: Yeah.
Seal: But that is the number for it, 0066?
Fitzgerald: Yes.
Allen: Mr. Chair, if I may -- this is Sonya. That is the number, but that also represents
the rezone and the development agreement modification applications as well. So, please,
specify just the annexation associated with that file number. Thank you.
Seal: So, let me --
Fitzgerald: So, in addition to your motion --
Seal: Let me read this again. How is that? So, we -- we haven't had a second. After
considering all staff, applicant, and public testimony I move to recommend approval to
the City Council of file numbers H-2020-0056, H-2020-0057, and H-2020-0066, with the
exception of the --
Pogue: Annexation.
Seal: -- annexation. Presented in the staff report of the hearing date of July 9th, 2020,
with the following modifications: That if the northwest parcel, after pulling out the
amphitheater portion on -- of open space does not meet the criteria, that they are still
granted approval through alternative compliance.
Holland: I will second.
Fitzgerald: I have a motion and a second to recommend approval of file H-2020-0056,
57 and 66 with modifications. All those in favor say aye. Any opposed? Motion passes.
MOTION CARRIED: SIX AYES. ONE ABSENT.
Meridian Planning&Zoning Commission
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Fitzgerald: Thanks, Mr. Wardle.
Wardle: Thank you very much.
Fitzgerald: Good luck. We appreciate it. This thing looks awesome. We look forward to
seeing it.
Wardle: As are we. Thank you very much.
F. Public Hearing for Tara's Landing (H-2020-0048) by Mike
Homan, Located at 5025 W. Larry Ln.
1. Request: Annexation of 6.34 acres of land with an R-8 zoning
district; and,
2. Request: A Preliminary Plat consisting of 29 buildable lots and
2 common lots on 6.14 acres of land in the R-8 zoning district.
Fitzgerald: Have a good night. Okay, team. Plowing forward. Next item on our agenda
is the public hearing for Tara's Landing, file H-2020-0048, and we will start with the staff
report. Alan, are you with us, sir?
Tiefenbach: I am, Mr. Chair. We are keying up the PowerPoint.
Fitzgerald: Got you. Thank you.
Tiefenbach: All right. Good evening, Mr. Chair, Members of the Commission. This is a
request for an annexation, a preliminary plat -- a preliminary plat and a zoning. It's -- the
property is about six acres of land. It's zoned RUT within unincorporated Ada county and
it's located at the end of West Larry Lane, which is near the southwest quadrant of Black
Cat Road and West Chinden Boulevard. You can see the maps here. The future land
use map recommends this property for a medium density residential. As I said, it's
currently not within the city and you can see the development that's -- that has been
approved around the area. Again, this is a proposal to -- for approximately six acres of
land to be annexed and rezoned to R-8 and to plat out 29 buildable lots and two common
lots. There is presently a single family residence on this property and the land to the -- to
the south of the property was annexed, zoned, and planted for 30 lots recently. That's
the Westward Subdivision and that is presently building out. To the north of the property
is vacant and rural land and that's recommended by the future land use map as medium
density residential and mixed use regional. This property, about 28 acres, was -- recently
underwent a pre-app for commercial uses and about 250 single family and multi-family
units. To the west of the property is 126 acres presently in the early development stages
as the Prescott Ridge Subdivision and subdivision would allow about 380 single family
attached and detached, as well as possible multi-family, a medical campus and an
educational facility. Access is proposed via Larry Lane, which you can see with my cursor
here. Also North Willowside Avenue -- when the Westridge Subdivision was built, this is
Meridian Planning&Zoning Commission
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presently being constructed, so this development will continue west -- west -- or, excuse
me, of Willowbrook and we will stub it to the north property line. There is also going to be
an interior road here, which would be West Tara Court -- West Tara Court. It's important
to note that West Larry Lane right now is a cul-de-sac. After talking to ACHD, ACHD and
city staff have both agreed that this should be extended. So, the applicant will be
responsible for constructing this road and connecting it to North Willowside Avenue. This
would require a -- would provide internal access. So, they would have to improve it as
one half of a 30 foot -- 33 foot street section with curb, gutter, and a minimum of five foot
concrete sidewalk. They would not build a sidewalk on the northern side. That would be
the next developer that would do that. The applicant proposes just a little bit more than
ten percent of qualified open space for the development, which you can see here and it's
important to note that this -- the landscape plan does not exactly match the preliminary
plat. We have --we have conveyed that onto the applicant. Tonight I have -- I have seen
a -- another updated landscape plan from the applicant, which I can talk about in a minute.
This open space that you see here would be accessed via a pathway between lots of
three and five, which you can see here. It would also be accessed from Tara Court, which
is down here, and from Larry Lane, which is up here. One concern that staff had was
with the orientation of these lots here and the reason why is because this micro -- this
pathway here would be coming in between the sides of two houses and would have a
limited visibility. It wouldn't be good for Crime Prevention Through Environmental Design.
Staff's recommendation to the applicant would be to rotate these lots 90 degrees, so that
the path is in the back of the houses, which would have more -- which would have more
visibility. Staff has recommended this as a condition of approval. We have conveyed this
onto the applicant's representative and I believe that they are amenable to that. As I said,
again, at the time of writing the staff report we received the landscape plan that didn't
exactly match the plat. What I mean is the cul-de-sac for Larry Lane is actually right about
here and if you see this landscape plan it's not shown on that. It also doesn't show -- if I
go back to the original plat here -- there is a micro pathway that is shown here and this is
north of Lot 10 and if you look at the landscape plan that's not shown on here. We have
recommended as a condition of approval that there be an additional lot up here to contain
that pathway. So, they would have to revise this landscape plan accordingly. I guess the
other thing that's mentioned is that at the time of the --that staff has informed the applicant
on several occasions that at least one amenity is required for this development per our
UDC. The landscape plans that they have submitted haven't shown us that amenity,
although tonight I believe that they have -- they are proposing I believe a picnic area with
an outside shelter and maybe one other amenity. They can address that. That's one of
staff's recommendations of approval, obviously, before City Council would be that the
landscape plan would show a qualified amenity. The last thing I would want to talk about
is I have received several letters of concern from the adjacent neighbors for a few different
reasons. One of them would be the extension of Larry Lane. The other would be the
density. A third, which is really a matter that the staff has maintained is a civil matter, are
some existing covenants to talk about what the size of the lots in this subdivision -- the
original subdivision can be, which are at least one acre in size. I'm pretty confident the
neighbors will address that tonight. Other than that, with the conditions of approval that
have mentioned, the staff would recommend approval of this case to the Planning
Commission. Any questions, Planning Commission?
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Fitzgerald: Thank, Alan. Appreciate it. Any questions for staff?
Grove: Mr. Chair?
Fitzgerald: Commissioner Grove, go ahead, sir.
Grove: Not a question, but I just wanted to put on the record real quick. My former in-
laws do live right in this area and have written in testimony. So, I just wanted to put that
out there. It doesn't impact my decision, but I wanted to throw that out there so it's on the
record.
Fitzgerald: Appreciate that disclosure. Any other comments or questions? Hearing none
at this time, would the applicant like to begin testifying? Is he with us in person or online?
Tiefenbach: I believe the applicant is here in person and, yes, I believe he is going to
testify.
Fitzgerald: Okay.
Tiefenbach: Mr. Chair, city clerk is walking over here to figure out what's going on. So,
just a minute.
Fitzgerald: That's good. Thanks, sir.
Homan: Can you guys hear me?
Fitzgerald: Yes, sir, we can.
Homan: Mike Homan. 6820 West Randolph Drive, Boise, Idaho. I'm the developer,
Elder LLC. I agree with everything that Alan -- that staff presented. One thing I wanted
to -- a couple things to add. Our new landscape plan, we just got that turned in late this
afternoon, but it does show the pathway to the school and, then, those -- where lots --
looks like between three and five there, those two lots we went ahead and listed those
with our new design as the recommendation to face the other direction, so the side yards
won't back up to the path. But we have made those changes and, then, we have two
amenities. We are only required to have one, but we went ahead and added another one
and that is a picnic table with a cover -- a top over it, two barbecues and a community
garden space, which qualifies as the second amenity and I go on record that we are going
to have those in the plan. Besides that, I'm open for any questions.
Fitzgerald: Mr. Homan, do you know where those are going to be located, the new
amenities?
Homan: In the common area, the -- off of Larry Lane. There is a covered patio for the
picnic table, the two barbecues, and, then, behind that where we will put in the community
garden space.
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Fitzgerald: Thanks, sir. Are there any questions for the applicant?
Seal: Mr. Chair?
Fitzgerald: Yeah. Go right ahead.
Seal: I will go ahead and reask the question and I asked it -- it's part of the public record,
but there seems to be some nasty content -- some neighbors not getting along here I
guess so, on some, you know, paperwork that was signed and all that. So, my question
is is the -- the landowner at this point is he the person that entered into that contract way
back in 1973 or is this new ownership?
Homan: I believe it is new ownership.
Seal: Do you know how long the folks there have been residents of this property? Okay.
I can't hear you.
Fitzgerald: Is there conversations taking place?
Seal: Can't hear you.
Fitzgerald: We can't hear.
Homan: Yeah. So, the -- it totals a little over six acres. They are retaining about an acre
and, then, I'm buying five acres and doing the 29 lots.
Fitzgerald: So, the original owner is -- is staying on the property -- the existing property?
The existing home? Is that the original owner?
Homan: Yes. It's not the -- I don't think they are the original owner when it was platted
back in 1973. But we are --
Fitzgerald: Mr. Homan, do you have your landscape plan before us that we could see it?
Homan: Yes. I e-mailed that to Alan. I can -- but I have a copy of it on my laptop I can
show you.
Tiefenbach: I might -- this is Alan Tiefenbach. I can probably pull that up if you hang on
a second.
Fitzgerald: Okay. Anymore comments or questions for the applicant while they are
pulling that up? Commissioner Seal, do you have a comfort level where that whole thing
stands right now or -- or follow up?
Seal: Yes or no. You know, I mean it's more of a principal situation, so --
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Fitzgerald: Yeah.
Seal: -- more than anything, so --
Holland: Mr. Chair. Andrea, I know that staff says that they have taken that it's a civil
issue, is there any ramifications of a county plat that has the CC&R recorded on it? I
mean I know it's not a city plat recorded, but do we have any legal ramifications for that?
Pogue: Thank you, Commissioner. It's the position of the Legal Department that we can't
give legal opinions on behalf of either the applicant or the -- the neighbors. The CC&Rs
are a private matter. The city is not involved in them, bound by them, anything. What's
before you tonight is an application for annexation. As such the decision is is it in the best
interest of the city that the city annex this parcel at this point. it's the density, the comp
plan, or does -- does it otherwise meet all the codes and standards that are applicable.
The applicant will -- if annexed they--the development will have its own HOA and CC&Rs,
so, you know, if that creates liability for the applicant they need to consult a lawyer and
figure that out, as do the neighbors. So, that's our comment on that.
Holland: I understand.
Fitzgerald: Alan, did you have that stuff ready to go or do we need to move forward with
public testimony for a minute?
Tiefenbach: Sorry. We were -- we were working on getting the screen sharing thing
going here for you, Commissioner.
Fitzgerald: You are fine. I just wanted to make sure we were not wasting your time.
Hopefully you can see that.
Fitzgerald: So, we haven't adjusted the lots in this version?
Homan: No. We -- that's -- that will be something that will change on the plat, but we
didn't -- my landscape architect didn't have that -- that information, so --
Fitzgerald: Okay.
Homan: -- but we will agree on record to change them the other direction.
Fitzgerald: Okay. If there are no further questions for the applicant, we will open up for
public testimony and we will let you close, Mr. Homan, and -- after the fact. Does that
work?
Homan: Yes.
Fitzgerald: Okay. Thank you, sir.
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Homan: Yeah. Thank you.
Fitzgerald: Madam Clerk, are we -- is there anyone who would like to testify on this
application?
Weatherly: Mr. Chair, we had several people sign in, several of which wish to testify. The
first is Mike Siron. Mike, I have moved you over, so you should be able to unmute yourself
now.
Fitzgerald: Mike, your mute button is at the bottom left-hand corner of your screen. Oh,
there you go. Mike, are you with us?
Siron: Yes. Can you hear me?
Fitzgerald: Yes, sir. Please state your name and your address for the record and the
floor is yours, sir.
Siron: Okay. Thank you. My name is Michael Siron and I live at 6045 North Black Cat
Road. So, our frontage is all the frontage that's being expanded for the -- all the -- the
light that's going in at Chinden and Black Cat, to give you a feel for where we are located.
We are in favor of this development and the R-8 density rezone and also in favor of it
being brought into the city. So, I guess that's it. Thank you.
Fitzgerald: Thanks, Mr. Siron. We appreciate it.
Weatherly: Mr. Chair, next we have John B. Sorry, I can't read the last name.
Bagley: Thank you. Can you hear me?
Fitzgerald: Yes, sir. Please state your name and your address for the record and the
floor is yours.
Bagley: Yes. My name is John Bagley. I live at 5000 Larry Lane, which is the property
just to the north of the property under consideration. My wife and I are in favor of allowing
the development to go through and the R-8. That's all.
Fitzgerald: Thanks, Mr. Bagley. We appreciate it. Thanks for giving us your opinion.
Weatherly: Sorry, Mr. Bagley. I could read yours. I think there is another John B. Yes.
Sorry. That's the last name I couldn't hear -- or read. Sorry. If you want to go to the back
and provide your testimony. Chris will help you out the door. Oh, sure. That's fine.
Bartlett: Hello. I want to thank all the Commissioners for staying so late. I know you are
not fresh now, but I appreciate your listening to our comments and staying so late. I'm
Vickie Bartlett. I live at 4915 West Larry Lane. Our property is on the east boundary of
the proposed project. I request that you decline approval of this project. I am not in favor
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of it. Compton Subdivision No. 2 has active CC&Rs that provide for one home for one
acre. We bought our home and six acres with the intent of honoring the subdivision
CC&Rs and preserving the feel of our neighborhood. Mr. Homan's project density is in
violation of the CC&Rs. I understand that if the project receives approval that, as
mentioned, we would need to sue the project developer over the CC&Rs. His very tiny
lots are not compatible with our subdivision. Each homeowner has a five acre parcel.
We feel that a 20,000 square foot lot would be much more appropriate with our six acre
parcels. We would support a density provided by the CC&Rs of one acre lots. So, in
closing, please, deny this application as it dishonors our CC&Rs in Compton Subdivision
Two. Thank you very much.
Fitzgerald: Thanks, ma'am. We appreciate your testimony tonight. Are there any
additional people who would like to testify, Madam Clerk?
Weatherly: Yes, Mr. Chair. Now Mr. Bartlett will be going.
Fitzgerald: Okay. Mr. Bartlett.
J.Bartlett: Good evening. Again, thanks for staying late. And like my wife, I would like to
oppose this subdivision. It doesn't fit with what's out there. It violates the CC&Rs and
even though that they are now saying that they support it, signed an agreement saying
these CC&Rs are what they wanted. So, the subdivision as it's proposed puts 30 lots on
about four acres of ground. The neighboring subdivision to the south put 30 lots on 12
acres of ground. We are not totally opposed to progress, but this just is not tenable.
Thank you.
Fitzgerald: Thank you, sir. We appreciate your input. We appreciate you being here this
evening.
Weatherly: Mr. Chair, next is Jim Paulson.
Paulson: My name is Jim Paulson. I'm the owner and broker of Progressive Realty. I
represent the developer on this project. My address is 645 Wickham Fen Way in Boise,
Idaho. I have represented seven developers in the past. The way I see this project meets
all of the requirements with no variances and fits into Comprehensive Plan. It has the
largest lots of every single subdivision that was presented this evening and that's what
people like about Meridian is having the larger places for the family. We have a large
usable space. A lot of the applications typically have like a border landscaping around
the berm. This is actually usable for picnic areas and families. I think that this falls right
in line with the Comprehensive Plan. One of the comments was brought up earlier on a
project that was just approved for Brighton, which I also support, but they had to run
utilities for three quarters of a mile for the sewer and the project directly to the south of
this subdivision anticipated growth going this direction, as did -- as did the City Council
and Planning and Zoning for Meridian, which is why they stubbed a sewer line directly
into this parcel that we are tapping into. So, therefore, I am in favor of this project. Thank
you.
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Fitzgerald: Thank, Jim. Appreciate your testimony this evening. Madam Clerk, who is
next on the list?
Weatherly: Mr. Chair, that would be Matt Neukom.
Fitzgerald: Okay? Mr. Neukom, are you with us yet?
Neukom: Good evening, everyone. My name is Matt Neukom. I live at 5120 West Larry
Lane. Our property is immediately adjacent to the proposed development to the north.
Mr. Chairman and Members of the Commission, I would also like to thank you. It's been
a long evening for everyone and all of you play a very important role to our community.
So, thank you. Very easily could have marked, yes, I was in favor of the development on
the sign-in sheet tonight, because I'm really not opposed to development, but I'm opposed
to the way that this project is proceeding. My wife and I could support the sale of this
property from the Cuthills, the current landowner and a neighbor of ours. We could also
support the addition of homes on the property, but we are not in favor of the way this
project is proceeding. The sole reason for that is the lot density and I didn't know if public
could provide exhibits, but the exhibit shown on the landscape plan here I hadn't seen
until this evening. We learned earlier that it was submitted just earlier today. But if you
extend -- Alan, can you pan the screen down for us to see the north boundary of Larry
Lane. Thank you. If you extend the north boundary of Larry Lane it will very nearly, if not
entirely, intersect the corner of our garage. We currently live on over five acres and we
are quite concerned about how the project will impact our property, our land value and
our lifestyle. So, for this project to construct half of Larry Lane so that the northern half
can be constructed in the future, it really makes no sense based on our home that is
presently on our property, it's very well used, it's very well cared for. I think you probably
have all seen the lot size goes down to about 4,000 square feet. That is a little bit larger
than our home and there are several homes across the street and across Black Cat in
Bainbridge Subdivision that are that size. The --as mentioned earlier, the other properties
in the subdivision as it currently sits are five to six acres. The existing house is going to
stay on an acre. If my wife and I ever decided to sell some of our land for development it
will stay on two acres. The Bartlett's property to the east is on six acres and it may need
to stay on six acres. So, the character of what is there and what will continue to be there
are larger lots. To the south and western subdivision the lots are an average of 10,000
square feet. So, you could fit two and a half 4,000 foot square foot lots inside of one of
those. We saw several creative solutions for the Pinnacle Subdivision, but this
subdivision really doesn't have any innovation or any uniqueness with it. It is an effort to
create as many lots in a very small area as possible. The impacts to our properties from
traffic and the decrease in land value are -- are not something that we welcome and we
ask your help to reject the subdivision. Those of us that are opposed to it are happy to
talk with the developer about what would work for us, but they have not approached us in
a way that is -- one that's considering our input. You have heard about the CC&Rs and
you have also heard your legal counsel. We would ask you to reject the subdivision. Not
entirely, but to send the developer back to those of us that are opposed to developing it
in this manner, to work with us on it and to be good neighbors. We are very willing to do
that and by appointing him back to us you will really help us avoid a legal battle and we
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F75
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don't want to battle, we would much prefer to work with them. Commissioner Seal, you
made a very interesting observation earlier on a neighborhood -- I forget the word that
you use -- dispute or argument. I don't feel like it's that now. All of the neighbors got
together in our home a couple of months ago to talk about our collective interests, but the
developer has not considered our collective interests and that's why we are asking you to
reject it, to send it back to us to talk this through to come up with a solution that works for
everyone and that's what I ask you now. Thank you very much.
Fitzgerald: Thanks, Matt. We appreciate your time and for being here tonight. Madam
Clerk, do we have anyone else who would like to testify?
Weatherly: Mr. Chair, no one else has signed in or has their hand raised at this time.
Fitzgerald: Okay. Give a couple of seconds pause. Anyone who would like to testify that
hadn't signed up on this application, please, raise your hand via Zoom or in the audience,
please, raise your hand. And one more -- and, ma'am, if you have already testified that
was your time, so I apologize for that. Madam Clerk, she testified already; correct?
Weatherly: Mr. Chair, that was Mike Siron that testified. We can see if Jan Siron also
wants to testify if you would like.
Fitzgerald: That's fine. Yes. Go right ahead. Mrs. Siron, are you there?
J.Siron: Yes, I am. Thank you for giving me an opportunity to speak, even though I hadn't
signed up tonight. I just -- I just wanted to clarify that there -- there are only five
landowners in this subdivision and three of the five are in favor of rezoning and annexation
into the city. We are completely surrounded by subdivisions and the -- what was
appropriate in 1974 when the CC&Rs were established is not now. It doesn't comply with
current properties around us and so we would like to see it be in line with properties that
surround us. The beautiful properties that we had we are the -- one of the first -- or we
are the first owners here. We came in 1984. And so we --we have been here the longest
and this has completely changed and we know-- and, you know, the high density and the
high traffic in Black Cat is getting so intense it just doesn't make any sense to have these
five acre properties in this area any longer and that's really all I have to add. Thank you.
Fitzgerald: We appreciate your perspective. Thank you for sharing. Okay. I think we
have heard from the public. Can I get a motion to close the public hearing? Oh. Sorry.
Let me take -- I'm losing my mind. Mr. Homan, would you like to close, please. Sorry.
Homan: Yes. Yes. I would like to close. Mike Holman, developer. I agree totally with
the last testimony from the lady. There is a total of five five acre parcels approximately in
size in there and three of the five are under contract. I just happened to be the first
application and Corey Barton has two other properties under contract that he is going to
be submitting applications soon. To the south of this property is a Corey Barton
Subdivision. They are smaller lots. And with city services and following the comp plan,
Meridian Planning&Zoning Commission
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think we are right in line with what the city wants to see with sewer and water and services.
So, I ask for your guys' approval tonight. That's it. Thank you.
Fitzgerald: Thank you, sir. Are there any questions for the applicant? Commissioner
Holland, go right ahead.
Holland: Just a quick question. So, you know, I think the development -- I don't have any
big concerns about it, but it's always awkward when we feel like the mediary between a
county CC&R and a future plat. So, I don't know if you would be open to -- if we do
consider approving this tonight and moving it forward to Council, recommends -- sorry --
recommending approval to Council, would you be willing to meet with those neighbors
again to see if you could get a little closer with -- I don't know if there is any minor
modifications you could do to this site plan that would make them feel more comfortable
with it, but it sounds like you really only have a couple neighbors that you need to --
Homan: Right.
Holland: -- work with and at least get their voice heard.
Homan: I would meet with them again. I -- we had a neighborhood meeting out there
and they were pretty strong on not having any development period. So, I tried to explain
that it will actually make their values go up. If they want to sell I would be interested in
buying and, you know, at the time they didn't have any interest. So, I'm just trying to
follow the comp plan and what's allowable and I did add an extra amenity -- was only
required to have one in the common area and, then, I decided to put picnic tables, two
barbecues and the covered patio, adding a garden space for the residents in the
subdivision and that public road we are just complying with ACHD, what they want along
Larry Lane there. All the property that we would be improving is on our property. So, we
wouldn't be encroaching his garage or anything like that. That's about all I had to add.
Fitzgerald: Commissioner Holland, do you have follow up or is there an additional
question?
Holland: No. That was it. I was just wanting to know if you would be willing to still -- at
least try to meet with them one more time just to see if you could ease any concerns with
those other two landowners.
Homan: I would be willing to try to meet with them again if they wanted to meet before
we, you know, go to City Council.
Holland: Thank you.
Holland: Yeah. Thank you.
Fitzgerald: Any additional comments or questions?
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Pitzer; Mr. Chair?
Fitzgerald: Commissioner Pitzer, go ahead.
Pitzer: Okay. Thank you. So, in working with the neighbor directly to the north where
this road is -- and I looked this up on the -- on a satellite map and it's going directly into
his property. Have you talked with them about possibly any temporary buffer or anything
like that that can -- that can help ease the strain of putting this -- this in at this time?
Homan: Usually I put up a perimeter fence or, you know, I can put some trees in. I did
mention that when we had the neighborhood meeting and I -- I have no problem putting
up a screening fence -- a six foot high fence.
Pitzer: So -- so, you would be amenable to meeting with the neighbors on -- on trying
to --
Homan: Mitigate the screening, yes.
Pitzer: Yes. Okay. All right. Thank you.
Homan: You're welcome.
Pogue: Mr. Chair, is there any way that staff can pull up what Commissioner Pitzer just
indicated she looked at on Google Maps or where -- where did you look at that,
Commissioner?
Fitzgerald: Commissioner Pitzer, where were you -- you are on mute, ma'am.
Pitzer: Sorry. Yeah. No. I just went to Google Maps and pulled up 5025 Larry Lane
and, then, did an aerial.
Pogue: Okay. Can the staff pull that up so everyone can see what she was looking at
and they were talking about?
Tiefenbach: This is Alan Tiefenbach. We are going to try to see if we can pull up the city
GIS here. Be patient and maybe discuss while I'm doing that.
Fitzgerald: So, I also -- while we are in public testimony still, I think there is -- someone
needs to get a legal opinion and I'm not sure who that is, if that's the neighborhood
deciding that the HOA is going to do this, but I feel like we are getting in the middle of
something that we don't want to get in the middle of and so I'm not sure -- and I know
Commissioner Seal had a similar concern. I don't feel good about approving something
or recommending approval for something that isn't got itself worked out. So, either this is
too early or there needs to be some additional conversation happen, so I'm not sure where
everybody's thoughts are, but I -- I am reluctant to get in the middle of a in-fighting
between neighbors where there may be recorded CC&Rs -- there may not be, it may not
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have been renewed, which happens all the time, especially with some of these
neighborhoods, and so-- but that's not our responsibility or the city's to give legal opinions
or give legal advice or -- or guidance to those folks that are maybe at an impasse in
regards to how it moves forward. So, initially my gut is to continue it until someone can
bring us something that says tentatively if there are HOA CC&Rs in place and that either
they are going to put an agreement on it or they are not. Just my thoughts. Anybody else
have a thought?
Seal: Mr. Chair?
Holland: Mr. Chair?
Fitzgerald: Go right ahead.
Holland: I would say I -- you know, the -- the development itself I don't really have a
concern with the way it's laid out, especially if they rotate those last few lots. I appreciate
the extra amenities that they have thrown in there. We could always make a
recommendation to approve -- ask that they would have the conversations with neighbors
and figure out the pending litigation situation before they bring it to Council. That might
be another option.
McCarvel: Mr. Chair?
Fitzgerald: Commissioner McCarvel.
McCarvel: I pulled up the same picture Commissioner Pitzer had on her screen and I
think it would be a good idea if we all took a look at that. In general, yeah, I agree, I would
rather not get in the middle of the neighbors and a CC&R legal battle and have this move
forward before the legal battle has a chance -- if there is going to be one, has a chance
to play out, but, yeah, the way that -- on the road -- might want to change the way that --
that entrance comes through there.
Pitzer: Mr. Chair?
Fitzgerald: Commissioner Pitzer.
Pitzer: In looking at the -- the written testimony that was presented on there they say that
there are means to -- within the neighbors to mitigate the CC&Rs to have them go away.
So, I think that that is something that needs to be looked at between the property owners
before -- I think this is premature.
Fitzgerald: Yeah. I'm -- that's kind of where I'm leaning is -- too, is I don't want to send
them to City Council unless this has fully worked itself out. That's our job, not theirs kind
of thing. But I would love to see -- so we all have the same picture, if we can zoom in on
that a little bit. Some of the trees are covering it up, but that's a pretty -- if we are doing
a half plus 12 on that road, it's going to be tight to that person's house.
Meridian Planning&Zoning Commission
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Seal: Mr. Chair?
Fitzgerald: Commissioner Seal.
Seal: Just -- and I'm just thinking out loud here, but -- I mean if -- if we don't -- I guess if
we don't act on this, then, I don't know that anything will change, because I don't think the
neighbors getting together is going to produce anything, because they are kind of at a
stalemate. It takes 75 percent of the property owners to change anything and just with
the people that are against it they are not going to make 75 percent, so I mean how do
we -- how do we not get ourselves in the middle of it, but go -- go far enough that legal
matters have to be taken into account.
Fitzgerald: Well, I think --
Seal: Sorry.
Fitzgerald: No. You're fine. I think it's either you continue it and give a stipulation that
we will continue it until you -- at a date not certain until documentation can be showcased
this thing can be developed in a free and clear manner or something or there is agreement
between --to vacate the CC&Rs or there is no active CC&Rs. There is a lot of information
I think that's missing right now for us to make a good decision, because I lived in a
neighborhood that was built similar to this one when I was growing up and the CC&Rs
need to be renewed, they need to be recorded again in lots of cases and so there is a
potential that there is some research that needs to be done by somebody and that's not
our city -- county -- our city attorney's offices job, that's the applicant's job, and so I --
that's my gut is if this is a development that wants to move forward they need to do the
homework and the work to get it squared away. Just like bringing legal descriptions in.
That's the job on the applicant's side is to make sure everything's free and clear and ready
to go and we don't need to hop in the middle of it. That's just -- that's not good planning
for the city. If annexation is our one time to make it -- you know, these stick and things
do go right and we have got three neighbors saying one thing and two neighbors saying
another thing and I don't want to get in the middle of that. That seems sticky and that's
not a good situation. That's my thoughts, Commission, for a reason. So, that's just my
-- my position, but I am more than willing to take input from everybody and -- because I
can be swayed. So, let me know your thoughts.
McCarvel: Mr. Chair?
Fitzgerald: Commissioner McCarvel.
McCarvel: I would at a minimum want to continue this to see exactly how that road going
forward would affect the property owner to the north. At a minimum. I think the plat needs
to be looked at fully with that road fully done and if that plat can even move forward.
Fitzgerald: Okay.
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Holland: Mr. Chair, did we ever close the public hearing or are we still open right now?
Fitzgerald: We are still open.
Holland: Well, I think -- I mean after all the thoughts that are out there I think I would echo
what you just said. I think that that's smart for them to kind of work it out and bring it back
to us when it's ready. Unless anybody else has comments first.
Seal: I think a continuance is probably the smart way to go on this.
Fitzgerald: I think you do it with a direction for them -- we want to help solve it if it can be
solved and -- not that we have a problem with the development -- initially I don't think we
do. But we can't solve something that isn't ready to be solved yet. So, give them direction
to like work through it or get legal opinions or figure out what the county says and, then,
we can help them go from there.
Holland: Okay. Mr. Chair, I move to continue -- continue file number H-2020-0048 to a
hearing date uncertain in the future for the following reason, that we would like the
applicant to either work with neighboring property owners to come up with a resolution on
if this development could go forward, establish the validity of the existing CC&Rs in Ada
county and/or get a legal opinion on whether or not those are valid or, C, workout
whatever pending litigation situations are -- are present before it comes back before this
commission and also to lay out and show us how Larry Lane would come through in the
future and what the impact would be on the neighboring property owners.
Pogue: Mr. Chair, I recommend to the motion maker to ask the clerk for a date certain
and amend your motion to include a date certain.
Fitzgerald: How do we do that, Andrea, without having knowledge of when that
documentation or research can be done?
Holland: You want us to just aim for a couple months out and, hopefully, they can get it
done by then?
Pogue: We need to ask the clerk for a date certain.
Fitzgerald: Okay.
Weatherly: Mr. Chair, Members of the Commission, we are available to notice for August
20th. There is nothing scheduled for any date thereafter.
Fitzgerald: So, go to September I think. We just put them on the 20th and give them a
chance to work through it. What's the next September days, Madam Clerk?
Weatherly: Mr. Chair, that would be September 3rd. The next date thereafter would be
September 17th.
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Holland: What do we think? The 3rd or the 17th, folks?
Fitzgerald: 3rd works.
Holland: I will make a modification to my motion to set the date certain for the hearing
date of September 3rd of the Planning and Zoning Commission.
McCarvel: Second.
Fitzgerald: I have a motion and a second to continue the file number H-2020-0048 to the
date of September 3rd. All those in favor say aye. Any opposed? Motion passes.
MOTION CARRIED: SIX AYES. ONE ABSENT.
G. Public Hearing for Ustick Marketplace Storage (Phase 2) (H-
2020-0051) by Rick Steward with Babcock Design, Located at
3535 N. Records Ave.
1. Request: A Conditional Use Permit for a self -service storage
facility consisting of 116 +/- units on 1 acre of land in the C-G
zoning district.
Fitzgerald: Thank you very much. Moving on to the last item on the agenda, which is
H-2020-0051 , Ustick Marketplace Storage. Alan, I think the staff report is yours again.
We will start with you, sir.
Tiefenbach: That would be me, Mr. Chair. We are just fumbling through the multimedia
here remembering that --
Fitzgerald: Yes, sir.
Tiefenbach: Remembering that computers make life easier. Okay. So, this is a
conditional use for a property that's on one acre of land. It's presently zoned to
commercial. It's located at the southwest quadrant of North Records -- sorry. North
Records Avenue and West Bald Cypress. There is already an existing self storage facility
on this project. It was approved by a CZC last year. That existing facility has 341 units
and ten buildings. It's bordered by single family and multi-family to the north and to the
east. To the south and to the west is commercial. It's directly behind the Lowe's that's
existing there now. The comprehensive -- the future land use map recognizes this for
mixed use regional. So, this is a proposal to add -- so, there is like -- this for a conditional
use to add an additional 116 units in three buildings. Staff is recommend --
recommending approval on this. You can -- see if I can zoom forward here. Showed a
picture of the site plan, which also I'm showing you the landscape plan. What you see in
color there on the north is what is being proposed to be added. What you see there in
gray is what's existing there now. The building would utilize -- utilize the same
architecture materials as what's there now. The existing buildings -- as built right now is
Meridian Planning&Zoning Commission
July 9,2020 Item 1. F82
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a very attractive self storage facility. You can see on the pictures on the right there the
top one shows what's there now. One thing I think is important to show you is if you look
at the top right picture that shows an existing buffer that's along North Records, that buffer
very effectively screens this property and softens it down. It's very attractive. However,
if you look at the buffer along West Cypress -- Bald Cypress there on the north, it's much
less and the original landscape plan for this property also just shows where the trees are
and no other landscaping. Staff believes that if they were to landscape that northern
buffer just as the one on the east along North Records, it would, again, result in a very
nice attractive development. So, that is staff's only recommendation on this one is we
support it. We think it will be a high quality development. We just think that they need to
-- to landscape it, basically, to be consistent with what -- with what was done on the most
recent CZC. They -- I have talked to the applicant about this and they are amenable to
this. The one thing I want to mention -- there is a mistake in the staff report where I'm --
where I'm asking you to recommend approval to the City Council and that's my bad.
Actually, the Planning Commission is the approval authority on a conditional use. So, if
you were to vote in favor of this you would be the final decision making authority. And
with that I have nothing else to say.
Fitzgerald: Thank, Alan. Appreciate it. Are there any questions for Alan on this
application? Hearing none currently, would the applicant like to add anything or come
and present?
Stewart: Yeah. Can you -- can you guys hear me?
Fitzgerald: Yeah, Rick, go right ahead. Please state your name and your address for the
record, please.
Stewart: You bet. Thank you for your time, Mr. Chair, fellow committee members and
staff. My name is Rick Stewart. I work for Babcock Design. We are the architect of
record and I live at -- or I reside at 800 West Main, Suite 940, Boise, Idaho. 83702. And
just like to follow up with what Alan had said. We -- we are continuing on with the phase
one development of a storage facility off of North Records and West Bald Cypress Way.
We will be adding three more buildings to increase the unit count to 116 units. In addition
to the existing unit count on phase one we will be continuing the traffic patterns throughout
the site to make sure that it is continuous throughout the site. All the materials that are
used on phase one are also going to be used on phase two. The same design language,
if you want to call it that, is going to be carried over to this new phase. We did respond
to the staff report and we are amenable to all the conditions presented by staff.
Fitzgerald: Very good. Are there any questions for the applicant? Seeing, none, hearing
none, Mr. Stewart, we appreciate you being here, sir. We will see if there is anybody here
to testify on this and, then, we will let you close. Madam Clerk, is there anyone who would
like to testify on this application?
Weatherly: Mr. Chair, besides Mr. Stewart signing in, Ryan also signed in and, Ryan, I
believe I brought the correct Ryan over, so you can unmute yourself.
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Montoya: Yes. Thank you very much. And I'm here representing the ownership group.
My name is Ryan Montoya and I reside at 1523 Eastside Court, Boise, Idaho. 83706. 1
want to say thank you, Commissioners and staff, for helping us get through phase one.
We are excited to build the second phase and propose this in front of you tonight and our
intention, as Rick said, is to continue on the intentions from the first phase into the second
and add some additional units and square footage that's available for rent and with that I
will stand for any questions.
Fitzgerald: Thank you, Mr. Montoya. We appreciate you being here tonight. Are there
any questions for him? Thank you, sir. Madam Clerk, is there anyone else who would
like to testify?
Weatherly: Mr. Chair, no one else has indicated a wish to testify.
Fitzgerald: Thank you, ma'am. If there is anyone on Zoom that would like to testify or in
the audience, if there is anyone left, please, raise your hand and we will make sure you
get heard. Just pause for a second. Mr. Seal is not-- or Commissioner Seal is not giving
me the eye that there is anyone in the audience, so --
Seal: The room is empty.
Fitzgerald: With that pause --with that pause being taken, can I get a motion to close the
public hearing. Or, actually, I'm sorry. Mr. Stewart, do you want to say anything
additional?
Stewart: And I would just like to follow up with Mr. Montoya and extend my thanks to Mr.
Chair and the rest of the Commissioners, as well as staff, in just the -- the great job that
you guys do. It's been a pleasure working with --with -- I have directly worked with Sonya
mostly and Bill Parsons and I have gotten to know Alan very well and I appreciate the
attention to detail that you guys have and all the efforts that you do. It's -- it's been a
pleasure. Even though it's been a marathon tonight, it has been somewhat of a pleasure
to learn what you guys go through in each one of these meetings. So, I do greatly
appreciate it.
Fitzgerald: Well, we appreciate you guys being willing to stay -- hang with us until 11:00
o'clock, so thanks to you and Mr. Montoya for being a part and for -- sorry you got stuck
at the end of that marathon, but we appreciate you guys being here and appreciate the
effort. Can I get -- with that can I get a motion to close the public hearing?
Pitzer: Mr. Chair?
Fitzgerald: Commissioner Pitzer.
Pitzer: I move that we close public hearing testimony for H-2020-0051.
Seal: Second.
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McCarvel: Second.
Fitzgerald: I have a motion and a second to close the public hearing. All those in favor
say aye. Any opposed? Motion passes.
MOTION CARRIED: SIX AYES. ONE ABSENT.
Holland: Mr. Chair?
Fitzgerald: Commissioner Holland.
Holland: I'm going to throw mine out in the beginning and be done with it, but I think it
makes sense, it's where storage should be kind of tucked back behind stuff. They do nice
landscaping. It looks like a nice development. I have got no concerns with the one acre
conditional request.
Fitzgerald: I completely agree with exactly what you just said.
McCarvel: Mr. Chair?
Fitzgerald: Commissioner McCarvel.
McCarvel: After considering all staff, applicant, and public testimony I move to approve
file number H-2020-0051 as presented in the staff report for the hearing of July 9th, 2020.
Pitzer: Second.
Fitzgerald: I have a motion and a second to recommend -- or to approve File No. H-2020-
0051. All those in favor say aye. Any opposed? Motion passes.
MOTION CARRIED: SIX AYES. ONE ABSENT.
Fitzgerald: Thank you, Mr. Stewart, Mr. Montoya, Good luck and thanks for all you are
doing out there. Appreciate it.
Stewart: Thank you.
Fitzgerald: Have a great evening.
Holland: I think Commissioner Pitzer should make this last motion.
Fitzgerald: Absolutely.
Pitzer: Mr. Chair, I move that we close the meeting -- close the hearing.
Fitzgerald: Adjourn.
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Holland: Second.
Fitzgerald: I have a motion and a second to adjourn. All those in favor say aye. Any
opposed? Hopefully not. Thanks, team.
MEETING ADJOURNED AT 10:55 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
APPROVED
8 1 6 2020
RYAN FITZGERALD - CHAIRMAN DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK