2023-01-05 Meridian Planning and Zoning Meeting January 5, 2023.
Meeting of the Meridian Planning and Zoning Commission of January 5, 2023, was called
to order at 6:03 p.m. by Chairman Andrew Seal.
Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher, Commissioner
Patrick Grace, and Commissioner Mandi Stoddard.
Members Absent: Commissioner Steven Yearsley and Commissioner Nate Wheeler.
Others Present: Joy Hall, Kurt Starman, Bill Parsons and Dean Willis.
ROLL-CALL ATTENDANCE
X Nate Wheeler X Maria Lorcher
_X Mandi Stoddard (Vacant)
Steven Yearsley X Patrick Grace
X Andrew Seal - Chairman
Seal: Good evening. Welcome to the Planning and Zoning Commission meeting for
January 5th, 2023. At this time I would like to call the meeting to order. The
Commissioners who are present for this evening's meeting are at City Hall and on Zoom.
We also have staff from the city attorney and clerk's offices, as well as City Planning
Department -- Department. If you are joining us on Zoom this evening we can see that
you are here. You may observe the meeting. However, your ability to be seen on screen
and talk will be muted. During the public testimony portion of the meeting you will be
unmuted and, then, be able to comment. Please know that we cannot take questions
until the public testimony portion. If you have a process question during the meeting
please e-mail cityclerk@meridiancity.org. They will reply as quickly as possible. With
that we will begin with roll call. Madam Clerk.
ADOPTION OF AGENDA
Seal: Thank you very much. So, the first item on the agenda is the adoption of the
agenda. We have no modifications, so can I get a motion to adopt -- adopt the agenda
as presented?
Lorcher: So moved.
Stoddard: Second.
Seal: It's been moved and seconded to adopt the agenda. All in favor, please, say aye.
None opposed. Motion carries.
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January 5,2023
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MOTION CARRIED: FOUR AYES. TWO ABSENT.
CONSENT AGENDA [Action Item]
1. Approve Minutes of the December 15, 2022 Planning &Zoning Meeting
2. Findings of Fact, Conclusions of Law for KeyBank Meridian Branch
(H-2022-0076) by HSB Architects + Engineers, located at 3513 W.
Chinden Blvd.
3. Findings of Fact, Conclusions of Law for Guthries Drive-Through (H-
2022-0081) by Nicolette Womack, Kimley-Horn, located at 1840 W.
Chinden Blvd., near the northwest corner of N. Linder Rd. and W.
Chinden Blvd.
Seal: Next item on the -- on the -- is the Consent Agenda and we have three items on
the Consent Agenda. The first is to approve the minutes of the December 15th, 2022,
Planning and Zoning Commission meeting. We also have Findings of Fact, Conclusions
of Law for File No. H-2022-0076, KeyBank Meridian Branch and File No. H-2022-0081
for Guthries Drive Through. Can I get a motion to accept the Consent Agenda as
presented?
Stoddard: So moved.
Lorcher: Second.
Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor say aye.
No opposed. Motion carries.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Seal: All right. At this time I would like to briefly explain the public hearing process. We
will open each item individually and begin with the staff report. Staff will report their
findings on how each item adheres to the Comprehensive Plan and Unified Development
Code. After staff has made their presentation the applicant will come forward to present
their case and respond to staff comments. They will have 15 minutes to do so. After --
after the applicant is finished we will open the floor to public testimony. Each person will
be called on only once during the public testimony portion. The Clerk will call the names
individually of those who have signed up on our website in advance to testify. You will,
then, be unmuted in Zoom or you can come to the microphones in Chambers. Please
state your name and address for the record and you will have three minutes to address
the Commission. If you have previously sent pictures or a presentation for the meeting
it will be displayed on the screen and your clerk will — the clerk will run the presentation
or you can run it by yourself. If you have established that you are speaking on behalf of
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January 5,2023
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a larger group, like an HOA, where others from that group will allow you to speak on their
behalf, you will have up to ten minutes. After all those who have signed in -- up in advance
have spoken we will invite any others who may wish to testify. If you wish to speak on
the topic you may come forward in Chambers and -- or if on Zoom press the raise hand
button in the Zoom app. If you are listening on a phone, please, press star nine and wait
for your name to be called. If you are listening on multiple devices, such as a computer
and a phone, please, be sure to mute those extra devices so we do not experience
feedback and we can hear you clearly. When you are finished if the Commission does
not have questions for you you will return to your seat in Chambers or be muted on Zoom
and no longer have the ability to speak. And, please, remember we will not call on you a
second time. After all testimony has been heard the applicant will be given another ten
minutes to come back and respond. When the applicant is finished responding to
questions and concerns we will close the public hearing and the Commissioners will have
the opportunity to discuss and -- to discuss and hopefully be able to make final decisions
or recommendations to City Council as needed.
ACTION ITEMS
4. Public Hearing for Dutch Bros Ustick and Eagle (H-2022-0077) by
Andrew Bowman, Barghausen Consulting Engineers, Inc., located at
the four (4) lots at the southwest corner of N. Eagle Rd. and E. Ustick
Rd. intersection.
A. Request: Conditional Use Permit for a new 1,154 square foot, dual
drive-through Dutch Bros. coffee restaurant on approximately 1 .2
acres of land in the C-G zoning district.
B. Request: Development Agreement Modification to allow the
requested drive-through use by updating the overall concept plan of
the approved Development Agreement (Inst. #2019-121599).
Seal: At this time I would like to continue File No. H-2022-0077 for Dutch Bros Ustick and
Eagle and we will begin with the staff report.
Parsons: Thank you, Mr. Chair, Members of the Commission. Happy New Year to all of
you. Glad to be back here. Excited about all the community members in attendance
tonight as well. It looks like it's going to be a pretty quiet evening tonight, so -- you get
stuck with me tonight. I'm covering both Sonya and Stacy's projects, as they are out
enjoying a vacation and just getting a much needed evening for Sonya, so she can -- she
was at City Council and it was a long hearing, so I told her I would take Sagarra Canyon
for her as well. So, first item on your agenda — this was continued from the December
15th hearing because of a noticing issue and so it's -- it's back before you. That
discrepancy has been corrected and so the applications before you this evening is a
conditional use permit and a development agreement modification. As you all know, the
development-- because there is an associated development agreement modification with
this conditional use permit, you are a recommending body on the conditional use permit
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January 5,2023
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tonight. So, you will be making a recommendation to Council to accompany that DA
modification. So, this application is contingent upon DA--excuse me -- Council approving
the development agreement modification. The site consists of 1.2 acres of land, currently
zoned C-G in the city and it's located at the southwest corner of North Eagle Road and
East Ustick Road. Let you know the applicant was in front of Council a year -- about six
months ago on a DA modification and that one was denied and so that's what's predicated
this new DA mod and, then, also this conditional use permit. That was one of the
recommendations from City Council is they had a hard time justifying approving a concept
plan with a drive-through on it without having the associated CUP to go along with it to
see if it actually works on the site and that's why you see both of them concurrent tonight.
I -- I think the Commission is very familiar with this corner as well. There has been quite
a few development applications on it recently. So, the applicant is here tonight to talk
about a restaurant with an associated drive through. So, it's a Dutch Bros, which is that
coffee kiosk there. It's 1,100 square feet. You can see here it's -- it's right -- right at the
intersection of the roadway here. Access is provided from a private street that is currently
constructed. Cross-access was also provided to the property to the south. Currently this
is the only access -- well, except for the access out to Eagle that is provided from the
public street, this is the access -- the primary access into this development. As you know
there are specific use standards that go along with drive-through uses. Staff has analyzed
those in conformance with the submitted application. We find that the site does conform
to the drive-through standards as stated in the UDC. I know some of the concerns that
we hear with drive-throughs is where those escape lanes fall and in this particular case,
because this drive-through is over a hundred feet they are required to provide that escape
lane, but if you notice here the escape lane is really at the same point as you exit out of
the drive-through. Now, the code doesn't speak to where that escape lane should land,
so in -- in our recommended — or as part of our recommendation we have analyzed it, we
feel like it could still function and we still have recommended approval of this application.
So, the applicant did provide a landscape plan associated with this development. During
our pre-application meetings with the applicant we wanted to make sure, because this is
a prominent corner, that if we did have a drive-through with a substantial amount of
asphalt we wanted to make sure that additional landscaping or berming was done along
the street to -- to minimize the impacts of car stacking as they waited to -- to get their
coffee order. So, the plan here -- you can see there is some additional landscaping that
is showing. We have also conditioned the applicant to provide an additional screening
and landscaping as well as part of what you see here in this landscape plan. So, they
need to do a little bit more and staff will look at that with the certificate of zoning
compliance and the design review application. That will follow after the proceedings
tonight -- or after City Council acts on the application. So, here are the proposed
elevations. Again, these will be required to comply with the city's design standards. Pretty
typical elevations to the -- their new prototype. If you have had a chance to go by the
Costco site you probably see the same -- same model or the same building elevations up
there as well. So, I had a chance to look at the public record before the hearing tonight,
did not see any written testimony on the subject application. Again, staff is recommending
approval with the conditions in the staff report and with that I will stand for any questions
you may have.
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January 5,2023
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Seal: Okay. Thank you, Bill. At this time would the applicant like to come forward? Good
evening, Sir. Please state your name and address for the record and the floor is all yours.
Wecker: Yes. Nick Wecker. Senior planner with Barghausen Consulting Engineers. We
are the civil engineering consultant for Dutch Bros and address 18215 72nd Avenue
South, Kent, Washington. And, like I said, we are -- I'm -- I'm here as a senior planner
with Barghausen representing Dutch Bros this evening and this application -- to walk you
through our proposal and the changes that have been made since -- in the last six months
since the last hearing. And so like— like Bill outlined, this is the corner that we are looking
at, Ustick and Eagle Road. Previously the proposal that was denied was -- one of the
concerns from the Commission was that there was going to be three drive-throughs on
the site. We have eliminated one of those drive-throughs at the northwest corner. That's
just going to be a standalone multi-tenant retail building, 4,700 square feet, no drive-
through proposed. Of course the Jamba Juice was approved previously, that drive-
through, and that--that's been constructed, as well as the American Family Care Building
D at the southeast corner. That's been constructed as well. And so part of our proposal
here tonight is to seek approval for a conditional use permit in addition to the DA
modification for allowing an additional drive-through at the northeast corner, which would
be an 1,100 square foot Dutch Bros coffee. We would have a 500 square -- or 500 linear
feet of queuing through two drive-through lanes. Be similar model to what we see today
at Ten Mile and Chinden, the -- the Costco location, which is their new prototype in
comparison to like the Linder location, some of the other ones that have the drive through
-- one on each side of the building. This would have one — one — one single window and
two lanes. It allows for additional queuing. It also allows for more efficient operations for
the runner, which is the employee that works outside the Dutch Bros building and will
actually go from vehicle to vehicle with a handheld device to take orders from each
customer. That places the order in the kitchen and, then, that allows the order to be made
quicker so that cars are going in and out of the queue faster. So, as a result of that it
minimizes the amount of queuing that is -- that is needed and minimizes the potential for
spillover and so that's kind of what the new -- that's the new prototype, that's the purpose
of it and that's the similar model that we are proposing here as well. It will still have the
runner system where there is three or four employees outside taking orders from each
customer as they enter the lane. We also have 14 dedicated parking spaces in front of
the Dutch Bros for employees and customer walk-ups, because there is actually -- there
is a walk-up window on the north side of the building with a patio space that will have
some seating and a walk-up pedestrian walkway from Ustick. Here is the original concept
site plan for the development agreement prepared by Kimley Horn originally. It was a --
this is the other — second half of the property to the south that shows a regional
commercial center. Recently, understanding that there is an apartment that was
approved at this location, which will substantially reduce the -- the traffic considerations
for this corner, I think by approximately half is what the traffic consultant estimates as a
result of replacing the previously proposed regional commercial center. So, including that
in here as well as -- that's kind of the second half of the master development that's going
on here at this corner. And, then, this shows the original concept development agreement
for our northwest corner that shows the pads. Of course, like I mentioned, Pad 4 and Pad
3 is -- is constructed. Pad 1 and Pad 2 is what's being proposed for -- for modification
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January 5,2023
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tonight. Pad 2 would become Dutch Bros. Pad 1 would be the 4,700 square foot multi-
tenant retail with -- with no drive-through. Our detailed site plan here -- this -- this site
plan here shows the patio space a little bit more clearly and more detailed than -- than
the first rendering in here. It shows a fairly large patio space that's going to be oriented
to the street corner. It will be setback a little ways, but it will also have access to the right
of way and a short screen wall or hedge that, like Bill said, we will work with staff to design
those details and that's also the side where the customer walk-up window is. So, the
customers — or -- or pedestrians will be able to enter that walk-up area without having to
cross the drive-through lanes if they are coming from the -- from the right of way. This
site plan also shows 26 vehicles within the -- within the queue. Here is a comparison
exhibit with the other locations in Meridian. We understand there was concern previously
with how Dutch Bros is going to handle potential spillover kind in relation to what these
sites have -- have experienced over the years. Some of these sites are much tighter in
terms of their -- their queuing lanes that are provided. A lot of these examples are -- also
show queuing right off of a -- the right of way, too, and so this exhibit here is meant to
show kind of a visual comparison of the length of queuing that's provided at these existing
locations under the older model where there is one drive through on each side of the
building. So, we have the Overland location that had 155 -- or has 155 linear feet of
queuing, as compared to over 500 feet for the proposed new Dutch Bros that we are
reviewing tonight. The Fairview location 138 feet and Linder 218. You can also see the
driveways and proximity to the queuing entrances for these sites that has -- has, you
know, created concern and -- and -- and spillover and so our site plan that we are
presenting today is -- is -- purpose is to show that that's going to be alleviated and not --
not a concern. And here is our location. But, like I said, we are at 524 feet -- 524 linear
feet of queuing, which is multiple of anywhere from two to five times what is existing at --
at some of the older prototype locations in Meridian. It's also the queuing entrance as
well off of the primary driveway to the center. Yeah. Thanks for showing that, Bill. Over
to the -- to the west. And so even if there are spillover it's not onto the right of way. Also,
like I said, there is going to be 26 cars that could fit in this queue. That's the next closest
-- other than Chinden and Ten Mile, the next closest for the existing locations is 11. So,
we are going from 11 to 26 in this new model, which is also similar to the -- to the Ten
Mile and Chinden location, which we have not observed any -- any queuing -- major
queuing impacts there. I should also mention the escape lane as well. We will have an
escape lane that's striped on here. That also allows customers to exit before they even
get to the window. So, when the employee takes and -- takes the order from vehicles,
sometimes the car that's third in line might only have one drink and the cars in front might
have like four or five drinks to be ordered in the kitchen and so it's a lot quicker to get that
third car—fourth car in line their drink order. That vehicle would be able to exit the escape
lane without having to wait for the window. So, that's just another example of how Dutch
Bros is able to get cars in and out at a faster rate. Their goal is 30 to 45 seconds, no
longer, for a vehicle to sit at that window and they are able to minimize the amount of cars
in the queue because cars behind are able to exit via the escape lane without having to
go to the window. So, not every customer has to go -- has to get to the window to receive
their order. That same model is used at Ten Mile and Chinden as well. And is there any
questions?
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January 5,2023
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Seal: Any questions for the applicant? Go right ahead.
Grace: Mr. Chairman. Nick, so the -- for the folks that park and want to walk up or use
the patio, will they be crossing the -- the -- the vehicle lanes?
Wecker: Yes. The people that park and want to go to the walk-up window -- we have
two striped walkways that they can utilize. The primary one is going to be, you know, the
one highlighted there. That's more direct to the patio space and, then, they will be able
to access the walk-up window that way and, then, there is a large awning over that -- that
walk-up window as well to delineate that -- that space.
Grace: And that's probably not much different than some of the existing locations in
Meridian?
Wecker: In -- in Meridian?
Grace: Yeah.
Wecker: I'm trying -- it's -- no, it's not -- it's not much different. I -- it's -- this building is
more oriented to the right-of-way than -- than some locations. But the older locations
have the drive-through lane on each side of the building, so you are going to cross the
lane either -- regardless of where the parking is located, just because you have drive
aisles on each side.
Grace: Okay. Thank you.
Seal: Any other questions for the applicant or staff? No? Madam Clerk, do we have
anybody signed up to testify?
Hall: No, we do not.
Seal: Just do a quick — is there anybody online that would like to testify? Please raise
your hand. Or if you are in Chambers you can raise your hand and come up. Seeing that
we have none -- is there -- if there is anything else you would like to add, otherwise, we
will probably close the public testimony portion of it and move on here.
Wecker: No. Nothing more to add. Thank you for your time and consideration.
Seal: All right. Thank you very much. Appreciate it. With that can I get a motion to close
the public hearing for File No. H-2022-0077?
Stoddard: So moved.
Grace: Second.
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January 5,2023
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Seal: It's been moved and seconded to close the public hearing for File No. H-2022-
0077. All in favor, please, say aye. Any opposed? Motion carries.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Seal: Okay. Who would like to go first? I will -- I will throw in the only two cents that
have is hopefully put in a bike rack. That's only because I ride by there and I love to park
my bike there, so —
Lorcher: Mr. Chair?
Seal: Go right ahead.
Lorcher: Dutch Bros continues to, you know, build out in our community and it seems like
they continue to improve on their design. Having two lanes simultaneously, as opposed
to one on either side, they have probably done their homework to see that that could be
a better fit for their customers and I like the fact that they have really doubled or even
tripled the lanes that they have had with some of their other locations.
Seal: Agree. Anybody else?
Stoddard: I agree with — I was just saying I agree. I think it works pretty smooth flowing,
which is nice.
Seal: Yeah. Okay.
Grace: A motion or --
Seal: I will -- I will take a motion at any time.
Grace: Mr. Chairman, after considering all staff, applicant, and public testimony, I move
to recommend approval to the City Council of File No. H-2022-0077 as presented in the
staff report for the hearing date of January 5th, 2023.
Stoddard: Second.
Seal: It's been moved and seconded to approve Item No. H-2022-0077 with no
modifications. All in favor, please, say aye. No opposed. Motion carries. Thank you
very much.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
5. Public Hearing for Sagarra (H-2022-0027) by Accomplice, located at
south side of W. Orchard Park Dr., west of N. Fox Run Way and east
of N. Linder Rd.
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January 5,2023
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A. Request: Preliminary Plat consisting of 114 building lots and 16
common lots (including 3 private street lots) on 17.49 acres in the R-
8 and C-C zoning districts
B. Request: Planned Unit Development for a residential community
containing a mix of single-family detached, single-family attached,
townhome and multi-family units with a reduction to the setback
requirements in UDC Table 11-2A-6.Alternative Compliance to UDC
11-4-3-27B.3, which requires the provision of 80 square foot private
usable open space area for each multifamily unit to allow zero (0) for
studio/flat units and two private streets.
Seal: And with that we will continue Item No. H-2022-0027 for Sagarra and we will begin
with the staff report.
Parsons: Thank you, Mr. Chair, Members of the Commission. Next item is also a
continued item from the December 1 st Planning and Zoning Commission. I won't go into
all of the details of this project, because, again, it's -- it has been continued. If you recall
I think two of the major sticking points for the Commission was regarding qualified open
space and park -- and parking were the two items I recall that came up quite a bit at that
hearing and so you had instructed the applicant to go back to the drawing board and meet
with staff and come back with resolution to do those two items. So, I'm happy to report
that -- that those have been -- those items have been resolved and the applicant's open
space and parking standards do comply with UDC standards, so there are no exceptions
being requested to the parking standards or the open space as originally thought in the
initial staff report. I would also mention to you that Sonya updated this staff report to
reflect that as well. So, everything should be in line for tonight's proceedings. If you
would like I'm -- I'm happy to go to the open space exhibit, so you can look at that revised
exhibit here real quick. See if I can read it here. I believe that was the open space exhibit.
This was explaining when it's coming online and what was counted. It's hard to see at --
at this scale, but looking at Sonya's notes here it looks like there is actually 3.43 acres of
qualified open space. I would also mention to the Commission that one of the items that
we brought up during the previous staff report was that linear open space along the south
and east boundary. Happy to report that the irrigation district has given the applicant their
approval to amend their license agreement and actually install the landscaping and
required trees per city code. So, that does allow the applicant to go in there and basically
enhance that and make -- integrate that better with -- with the development, without
having to lose land area and still provide that landscaping that the city code requires and
that's -- I think that's probably the -- what really got us over the hurdle was just
understanding how that was going to work and whether or not the irrigation district would
-- would allow the plantings. And, then, I know we had talked about this and this was
discussed at the last hearing was parking and particularly parking — on-street parking,
particularly in the S curve areas and I'm sure — the applicant has stated — looking at the
parking calcs, based on the revisions it looks like they are still 16 spaces in excess of
what code requires and, then, this exhibit shows 122 on-street parking spaces. But,
again, if this body wants the applicant to not allow parking on some of those S curve
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January 5,2023
Page 10 of 25
areas, I'm sure that number would go down. But, again, they are in excess of UDC
standards and, really, the on-street parking is the bonus here. It's just in addition to what
the code requires. I had a chance to look at the public record. Didn't really see any new
testimony or anything to add that wasn't already discussed at the last hearing. Again,
concerns with density and just development in general. I do recall at the last hearing, too,
that some of the neighbors had concerns about the fencing that was damaged during the
tiling of the ditch along the south and east boundary. I know we had preliminary
discussions with the applicant. I don't think we have come to a resolution on that. So, if
that's something the body wants to have a discussion with the applicant on I would -- I
would recommend that you do that this evening as well. Again, staff is— is recommending
approval and I will stand for any additional questions you may have.
Seal: Great. Thank you very much. Would the applicant like to come forward? Good
evening.
Tseng: Good evening, Commissioners. Tony Tseng. 6518 North Fairborn. Sorry. North
Fairburn Avenue, Meridian, Idaho. As Bill noted -- I just want to note that he's covered
most of the things. So I will make the presentation pretty quick and simple. We have
been working really closely with the neighborhoods and some of the neighborhood
representatives. So, to address parking first, we have met with -- I met with Sally and
she's a -- she's not the official representative, but I think she's kind of leading the charge
and a lot of the neighbors kind of listen to what she's saying. So, we have been working
together on solutions about the fence. I think the fence is a big issue for them. We have
had — Sally and I have come up with a couple of possible solutions of how we should fix
that fence. Us, as the developers, are committed to participating and paying for half, if
not more of the fence and her and I are working together to do a survey of everybody on
Bacall and to figure out what certain people want. Certain people's fences are fine.
Certain people's aren't. So, she's going -- she's come up with some great ideas of what
we need -- we can and need to do to get the fencing issue solved. So, we are -- I'm
actively working with her and she's been actually really pleasant to work with and so that's
part of the process right now. So, I will -- I will make this pretty quick. I think Bill has
addressed most of the issues. So, what I did was highlight some of the issues that was
spoken of and kind of made the —so, this is --what I first put up is just the—the addendum
to the license agreement with the Northern Slough, allowing us to go ahead and use that
and plant the trees, columnar oaks, so they -- they have already signed and -- and -- and
recorded this document. So, we have the right to -- my -- the new landscaping plan will
show the columnar oaks being planted and there -- and they have approved that type of
tree. It's a more non-invasive root system and they are -- they are okay with that type of
landscaping. The next thing is the open space. As Bill has -- and I will breeze through
this, since Bill has kind of explained it. A lot of the issues that -- with open space was
doing the right calculations and if you look at the calculations we have -- and the next
page is going to take a while, though. It's kind of a big file. But what I did was I highlighted
each section and each phase will stand alone and qualify with it above the 15 percent
open space. Together we are above 20 and one thing I want to point out that is in some
of the exhibits are -- there is a two acre park that's directly adjacent to the — the
development that we are not counting. It -- it's across the street. It's part of the overall
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January 5,2023
Page 11 of 25
Orchard Park development that we plan on improving. The original idea from the
neighbors was a dog park and, then, some neighbors decided they didn't like a dog park.
So, Sally and I just discussed it that we would do a survey of the neighbors and see what
they want. I mean I prefer a dog park, but if the neighbors don't want a dog park we will
do a regular park. But that's the second thing that I'm working with Sally about is how we
approach that park itself. It's two acres. We have control of it. It's not part of the Sagarra
development, but it's part of the Orchard Park development, which we are all involved in
and so we are working directly with the neighborhood to make sure that whatever gets
put in there is something that everyone enjoys. Let's see if this will load now. Still not
loading. But-- and also there is a couple of parcels there that--there is this extra remnant
parcel that we originally included in our open space that we are no longer including in our
calculations. We don't need it. So, without all the -- all the staff recommendations we are
still about 20 -- a little over 20 percent I believe and if you -- of course, if you add the park
we are well in excess of probably 30 some percent. And the parking -- we just clarified
the parking. I recolor-coded it. It's in your packet. To show each parking requirement for
each building type and, then, you will see what's required and what we are providing and
I think we are about 16 spaces in excess of what we are required. I can stand for any
questions.
Seal: Thank you. I will start off. First question was just in the -- the S curve, still looks
like that -- that's going to be allowed parking?
Tseng: Yeah. And so that's not in our control. That's an ACHD decision.
Seal: Still ACHD.
Tseng: Yeah. And I -- I have actually actively reached out to ACHD. General counsel is
named Steve Price. I'm trying to set up a meeting with them. We want to do -- we have
excess parking and if the neighbors don't want it, we don't need it, I can see not having
parking there being beneficial to everyone. So, we are happy to work with the neighbors,
work with ACHD. If they want to put up no parking signs we are happy to work with them.
So, we are happy — so, I have -- I have already reached out to Steve and -- to try to set
up a meeting and talk about putting up no parking and making it a no parking section.
Seal: Okay. And, then, question on the fencing. Generally speaking when you are going
to have common area that's open to anybody, pathways and things like that, generally
speaking you put in visibility fence. Is that something that you and Sally have discussed?
Tseng: Yeah. So, the fence is actually on the Paramount property. So, I think it's subject
to their HOA standards.
Seal: Okay.
Tseng: And so that was a big issue, because their HOA allows for nonvisibility fencing.
Our fencing on our south side of our property will be visibility fencing. So, we are going
to work with their HOA and, you know, I think most of the neighbors -- we have talked to
Meridian Planning&Zoning Commission
January 5,2023
Page 12 of 25
a lot of neighbors -- prefer privacy fencing. They want as much privacy as possible, so
the backyards aren't staring at each other. So, I think we might be subject to what the
HOA requires on the -- on their fence, because it's going to be still on their property. It's
either fixing the — the deal with Sally that we had was if we are not going to replace the
fence we will at least fix them.
Seal: Okay.
Tseng: Put new posts in, straighten them up, and that -- and we as -- we selfishly want
our side of the fence to look nice. They are going to be new homes. So, we at the very
least want to paint or resurface the fences.
Seal: Okay.
Tseng: Of course with their permission, because it's still their fence.
Seal: Right. And, Bill, is there any -- I guess if this were new build and it was along that
pathway it would be visibility fencing. So, just from a staff perspective can you give any
guidance on what they may want to consider, you know, long-term, short-term?
Parsons: Mr. Chair, Members of the Commission, it really comes down to -- it's an existing
fence. If you do repairs they can stay. We are not going to make them tear down the
entire fence and put up open vision fence. But as you mentioned, if someone was to want
-- or to want to replace the fence or they were to tear it all down, then, yes, we would be
having a different conversation, because code -- or we would be going through an
alternative compliance process to allow it to remain as is. Certainly the city doesn't want
to get involved between HOA and CC&Rs. We will -- we will let that stand. But just the
fact that the applicant is willing to repair those sections I think there -- there is really is no
violation there. It's an existing fence that has been their part -- that predates this
development. So, I don't really see that being an issue at this point.
Seal: Great. Okay. Thank you for that. Appreciate it. Anybody else want to jump in? I
thought I saw people grabbing for microphones here, so —
Sang: Thank you.
Seal: I was going to say, we -- we can make this kind of quick here. I don't know if there
is -- anybody in Chambers wants to testify and raise your hand. No? Anybody online? I
see Sally's on there. If you want to testify just raise your hand.
Hall: There is someone online and she signed up. It is Sally Reynolds. You are now
allowed to speak. Sally Reynolds? Go ahead and unmute yourself, please. Sally, are
you there?
Seal: Not seeing her little microphone icon in there, so —
Meridian Planning&Zoning Commission
January 5,2023
Page 13 of 25
Hall: She's -- hit the allowed to talk.
Reynolds: Okay. Can you hear me now?
Seal: Yes, we can hear you.
Reynolds: Awesome. Thank you so much. I apologize. This is my first time doing it on
Zoom. I wanted to save you guys from my cold germs and not come into Chambers. So,
I will be testifying from home tonight. But good evening, Commissioners. My name is
Sally Reynolds. 1166 West Bacall Street in Meridian, Idaho, and, yeah, I would just like
to start -- start off and say I really appreciate the open dialogue that we have had with this
developer. It's been great to meet with Tony. I, for one, am super excited about getting
this area developed. It's going to mean a whole lot less dust in my house and as a dog
owner I welcome a dog park in north Meridian. I think it's a great amenity to have near a
multi-family site. The revised parking exhibit looks good to me and we appreciate their
willingness to work with ACHD on the no parking -- especially just the curvature. Mainly
Arliss, Bergman, and Director, those direct roads that feed into it. And -- and, yeah, really
excited that there are trees being able to be planted on the irrigation that will provide a lot
of privacy for all the residents who are there and so we are -- we are -- I'm -- I'm -- I'm --
I shouldn't say we are -- I'm not speaking on behalf of anyone. I'm pleased with those
developments. And, you know, Tony and I get along great and I just want to preface that.
But we do have one difference of opinion and so I do still maintain that this application is
more consistent with an MHDR designation than the MDR designation and I do believe
that the use of the planned development in the city's code was not intended for this
purpose. It was intended to allow for greater creativity, not to cram more units onto a plat.
So, while the neighborhood may have some decent exterior elevations and they have
done a really nice job of making it look great, the amount of units and zero setback lines
will really detract from the overall aesthetic especially in areas where you have three story
buildings butted right up against the road easement and you can get a feel of how
crowded that will look from their submitted concept elevation and I had submitted that to
city clerk, but it's all right if they can't pull it up. But that concept elevation shows a two
story when, in actuality, all along Orchard Park it will be three story. So, the application
takes the R-8 designation and really pushes it to its limit. The gross density is 8.35, but
the net density is over 16 units per acre. So, we are kind of talking R-15 there. Now, as
a side note, I was on the city's open space committee for over a year and we worked with
city developers -- or developers to rewrite city code on open space and I get it's difficult
to legislate minimum requirements while still allowing for flexibility. So, that's why we
have variances and alternative compliance and PUDs; right? Because land is different.
Every plot is different. But this is not the intent of the PUD. I mean what good is the city
code when these items can be used for loopholes? So, per the development agreement
this area should be at minimum R-6, which is around a hundred units and -- and that's
what the two preliminary plots had shown, somewhere between 96 and 110. So, 146 is
50 percent more and I believe that if the reduced number of units were on there, the open
space requirements could have been met without that irrigation, you know, spot being
needed and need to have the setback requirements. So, if you do -- if they go for approval
to City Council, if you are recommending that, the only two conditions we would ask was
Meridian Planning&Zoning Commission
January 5,2023
Page 14 of 25
the fence, which, as Tony said, we have already kind of worked on that, but to just put it
on the record. And, then, also lighting on the easement, which Tony and I have also
discussed that and they said they are willing to do that. But to put that on the record as
well that would be great. And I will stand for any questions.
Seal: I'm sorry, what was the second one that you said there? I didn't quite hear that.
Reynolds: Oh, that's fine. The lighting -- some lighting on the easement that's between
Paramount and the -- the back of their subdivision. It's about 35 feet wide and there is
going to be a walkway. It's kind of a long corridor and so little bit concerned that that
could become a corridor for criminal activity. So, some sort of lighting back there and,
again, it's just like the fence and just like the dog park, not everybody is going to agree
on everything; right? Like we don't know if it's low lights or high lights, but just something
back there that would reduce the opportunity for criminal activity would be very welcome.
Seal: Okay. Thank you very much. Anybody have any questions?
Lorcher: Mr. Chair?
Seal: Commissioner Lorcher, go ahead.
Lorcher: The original day that this was presented on December 1st I was absent that
day, but I did read all the testimony. So, I feel like I am mostly up to speed on it. But
did have a question for the applicant in regard to the fencing and the drainage ditch.
Seal: Okay. We will bring them back up here in a minute, but -- unless there is anybody
else that wants to testify? Nobody else is online. Nobody else in Chambers. So, if the
applicant would like to come back up.
Lorcher: Tony, you mentioned that there is a drainage ditch that was tiled and is that on
your property or is that on Paramount's property?
Tseng: That is on our property.
Lorcher: And so were you as a developer responsible for tiling it in?
Tseng: Yes. It was not part of the Sagarra development, it was part of the overall Orchard
Park development that we tiled it previously.
Lorcher: Okay. And so was Paramount suggesting that because of the tiling that's how
the fence got damaged and they feel like it should be your responsibility to fix? Is that
how the conversation started?
Tseng: I think that's how the conversation started. And, regardless, we were okay with
-- we want it fixed, you know, just from our development's view to their -- to the back
fence. I have been out there and the—the fence is 20 years old. I think Sally can probably
Meridian Planning&Zoning Commission
January 5,2023
Page 15 of 25
correct me. But anywhere from 15 to 20 years old. So, the fence is getting a little old.
It's looking a little tired.
Lorcher: Is it vinyl or cedar?
Tseng: It's wood. It's -- I think it's cedar.
Lorcher: Okay. All right. That's all I wanted to clarify. Thank you.
Seal: And if you want to address any of the other items that Sally brought up or -- you
know, anything along those lines.
Tseng: Sure. If you look at-- Bill, do you still have that exhibit if it-- if it loaded completely,
because I have an exhibit for those zero lot lines and the zero lot lines isn't so we can
cram a bunch of buildings right on the lot line. You know, I have an exhibit where it shows
the points where we actually go to zero lot line -- here we go. Is this yours or is this -- do
you have the zero lot line exhibit that we submitted? Because if not it's on the back of
mine. Yeah. And -- and, yes, there are zero lot lines, but it's not -- the intent wasn't to
push everything to the edge and once -- once you see that exhibit it's for articulating the
buildings, create a little more -- just so they are not straight buildings. They -- they
articulate. So, the corners of the buildings have zero lot lines and there is probably, give
or take -- and once we pull up the graphic— seven to ten points, where the lot lines -- and
it's right here. The last exhibit here. I think it's still trying to load. It's a big file. Yeah.
So, you can see the little red marks and that's where the -- the -- the zero lot lines exist.
And so just to clarify, it's not to create a zero lot line everywhere so we can cram the
buildings into the edge, it's -- you can see how the buildings are articulated and we hate
to lose the design function because of these points, but if we really have to -- like I guess
we can go redesign it and straighten the buildings out a little bit more. We just thought it
was a good architectural feature to make it so that it doesn't look like rows and rows of
buildings.
Seal: Anybody else have questions of the applicant? No? Thank you very much. Can I
get a motion to close the public hearing for Item No. H-2022-0027?
Lorcher: So moved.
Stoddard: Second.
Seal: It's been moved and seconded to close the public hearing for File No. H-2022-
0027. All in favor, please, say aye. No opposed. So, motion carries.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Seal: Who would like to go first?
Meridian Planning&Zoning Commission
January 5,2023
Page 16 of 25
Grace: Mr. Chairman, I just wanted to put on the record on December 1st I recused
myself from this matter.
Seal: Okay.
Grace: I — I am a member of -- I live in Paramount and I'm a member of the HOA, so, I'm
going to stay consistent with that and recuse myself this time around, too.
Seal: Okay. Appreciate that. Thank you, sir. So, it's just the three amigos.
Lorcher: Mr. Chair?
Seal: Go ahead.
Lorcher: After reading all the testimony and -- and going through the presentation from
the December 1st meeting I feel like -- except for the questions that I asked today, I'm
pretty good understanding of what's kind of happening here and that this was always
intended for-- to be a mixed-use area at this particular junction. I think the developer has
worked very hard and being very accommodating to -- not only to the area, but to their
neighbors to make sure that as many people can be happy with it as they can. There is
always going to be somebody who is going to complain and adding more houses to any
of the subdivisions there is always going to be a complaint. But we are still in a growth
community and these types of products are things that people are looking for to live in
these areas. So, I support their design.
Seal: And I'm -- it's good to see something that was fairly hotly contested come back in
and have, you know, good -- good support from the community and good input from the
community as well. So, that's very nice to see. I'm glad that the -- the pathway worked
out and you were able to put in what needed to be put in there. So, sometimes that's a
pretty tough sell. But all looks pretty good. I mean, hopefully, something can be done
with ACHD to eliminate parking on at least half of that S curve. Appreciate your working
with ACHD and approaching them proactively. That's going to make things a little bit
easier as -- as things go forward, so -- and it -- I mean it will just make it safer. I mean it's
only going to take, you know, one person kind of trying to race car through there to make
really bad days for others for sure, so -- but, yeah, I like the pathway. The lighting is I
think probably a really good element to this, so -- especially if the fences are going to be
built where they are not privacy fences it would be good to have some extra light shining
back in there to make sure that's, you know, a safe place for people to -- to walk through
-- walk through, bike through. That's about all I have.
Stoddard: No. I agree with all that. I also like the purpose of the zero lot line. I like the
idea of, you know, having the buildings not just a solid line. I think it's great and I like the
design as well.
Seal: Real quick. I do have a question for Bill and -- I mean, essentially, when it comes
to the -- some of the things have been mentioned, the lighting, essentially working on the
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January 5,2023
Page 17 of 25
fence or repairing the fence, replacing the some of the fence and this -- you know, they
are over 16 spaces on parking. They are going to talk to ACHD. Is that something we
can condition? I don't want to -- just want to make sure that we are putting that in the
public record, but not in such a way that we are telling them you have to eliminate 16
parking spots. You have -- you know, I don't want anything along those lines. But I do
want something in the public record about that.
Parsons: Sure. Mr. -- Mr. Chair, Members of the Commission, certainly you can condition
the project and simply staff can just say as proposed by the applicant, because, again,
that's what they agreed to do. They agreed to lighting. They agreed to working with the
HOA. And they agreed working with ACHD. So, in your motion that -- in your
recommendation if you state that you are adding those three conditions as proposed by
the applicant, then, when we add it to a condition of approval we will say work with ACHD
on no parking signs along whatever streets those are -- those curved areas as proposed.
And, then, if allowed or something to that effect. So, if ACHD says no, then, obviously,
they can't meet that condition. But as long as it's may or shall -- not thou --that thou shall,
but maybe leave it open to work with the HOA on fence repairs or those types of things, I
think that gives them some flexibility and it's not so rigid in case things don't work out.
Seal: Okay. Appreciate that.
Starman: Mr. Chairman, I agree with all that one hundred percent and just to add one
more layer of information. I think with — and, Bill, if you disagree definitely correct me,
but I think -- I agree with everything Bill just said. I think with respect to the lighting and
the open space area you could condition that as a requirement, not as a — that you will
use good faith. I think that one you can make a requirement. The other two, the parking
issue, that's really within ACHD's purview. So, the best we can say is you are directed to
go work with ACHD, but we can't require it, because there is no way to enforce that.
Likewise, the fencing is on private property and it's off site and so same thing, we can ask
the applicant to work with the neighbors, but we can't require something. I think the
lighting is different. The lighting we could require if you -- if you and the Council were so
inclined.
Seal: Okay. Appreciate that feedback. That's -- sorry to -- sorry to cut you off before
making a motion, because I don't want to stand in the way of that, but I did want to make
sure that we covered that well.
Lorcher: Kurt, does this go in front of City Council?
Starman: Yes.
Lorcher: So, the lighting issue would be really decided -- decided by them; correct?
Starman: It would. Although my suggestion to the -- to the Commission would be if you
feel that ought to be a condition I would recommend that you include that as part of your
motion and recommendation to the Council, so that the Council is aware of your feelings
Meridian Planning&Zoning Commission
January 5,2023
Page 18 of 25
on that, so -- but, ultimately, the City Council would -- for lack of a better— would impose
-- would impose such a condition, but you would be making the recommendation.
Lorcher: Okay.
Seal: I'm ready if you are.
Lorcher: Okay. I will give it a go.
Seal: Great.
Lorcher: After considering all staff, applicant, and public testimony, I move to recommend
approval to City Council a File No. H-2022-0027 as presented in the staff report for the
hearing date of January 5th, 2023, with the following modifications: To continue to work
with ACHD on parking in curved areas. Working with adjacent neighbors to repairing the
fence that is common between both properties. And a recommendation to City Council
that additional lighting be provided for safety.
Stoddard: Second.
Seal: Okay. It's been moved and seconded to approve Item No. H-2022-0027 with the
aforementioned modifications. All in favor, please, say aye. So, there is none opposed.
Motion carries. Thank you very much.
MOTION CARRIED: THREE AYES. ONE RECUSE. TWO ABSENT.
6. Public Hearing for TM Creek Apartments Phase 4 (H-2022-0080) by
Brighton Development, Inc., generally located South of Franklin Rd.
approximately 1/2 mile between Ten Mile Rd. and Linder Rd.
A. Request: Conditional Use Permit for a multi-family development
consisting of 64 urban-style multi-family units with a clubhouse and
pool on 2.361 acres of land in the C-G zoning district.
Seal: I will try to quit looking directly at you like you are going to say something directly
after you have recused yourself. So, I realize I'm doing that and I'm like, no, he's not
going to speak. All right. Let's go ahead and open File No. H-2022-0080 and we will
begin with the staff report one more time.
Parsons: Let's finish strong. Chair, Members of the Commission, next item on the
agenda is the TM Creek Apartments Phase 4. The application before you is a conditional
use permit. Reviewing the hearing outline here during the hearing it looks like we failed
to let you know that you are making a decision on this tonight. You are approving the
CUP or making -- recommending -- or approving, denying, or continuing this project this
evening. So, it does not move forward to City Council. So, I apologize for that error. But
just wanted to bring that to your attention. So, this particular property -- the site consists
Meridian Planning&Zoning Commission
January 5,2023
Page 19 of 25
of 2.63 acres of land, that's currently zoned C-G and it's located on the south -- located
south of West Franklin Road and east of South Ten Mile Road. You can see here in the
-- in the three graphics before you that the site is actually larger than two acres, but staff
anticipates the -- the applicant subdividing this property in the future and -- and providing
approximately a 7.41 acre site in which 2.63 acres will be the multi-family portion of the
development and I will explain that a little bit more as we get into it as we get to the site
plan. But as you are aware this is part of the TM Center PUD that was approved back in
2020 and this particular site is governed by its own design guidelines and so the plan
that's before you tonight is consistent with the concept plan that was tied to that
development agreement back in 2020. So, as I mentioned to you about the subdividing
portion here -- so, I will grab the cursor here real quickly. You can see here on the site
plan the landscape plan. So, essentially, when they subdivide the property it's going to
be, again, over seven acres in size. Mention to the Commission that staff has highlighted
the area in red that is subject to the CUP approval on the right. Everything else that is
around the red outline areas has already been approved at staff level, because those are
vertically integrated projects. Residential projects. So, those do not require conditional
use permit in the C-G zone. They are principally permitted, so — in working with the
applicant we broke this project really up into two phases. Phase one, again, was the staff
level approval to get all the parking -- the associated parking and those two structures
under construction. And, then, they were going to come back and, then, do the CUP to
finish out the open space and the two additional buildings and the clubhouse and the
amenities associated with the overall seven acre development. So, that's really where
we are at today. So, that's why you see a site plan larger than what you are really
reviewing as part of the CUP approval, if that makes sense. So, the CUP itself, again, is
two buildings, four stories in height, and it's rough -- approximate -- it is actually 64 units
and it's a mix of studio, one, two and three, four bedroom units ranging in size from 656
square feet upwards to 1,443 square feet, at a gross density of 286 dwelling units to the
acre. Again, which is consistent to what was required as part of their development. You
can see here that there is a public street here along the east boundary that is providing
an access point to this particular property and, then, also connecting into phase three,
which is directly to the west of this project. So, there will be interconnectivity, not only
with this phase, but also existing phases that are currently under construction. If you had
a chance -- I know you review the staff report. Staff had questioned the open space. The
question wasn't whether or not there was adequate open space, the question was
whether or not what was the accurate number to reflect to this body, because we didn't
-- we didn't want to give you the impression that this site has 65 percent open space.
That -- when you look at it -- when you look at just the 2.43 acre site, it has 65 percent
open space, because there is no parking associated with the acreage. It's really -- you
take out the building square foot and everything else is open space. So, it makes sense.
But looking at this in conjunction with the vertically integrated project, if we were to look
at the entire seven acre site, there is approximately 32 percent open space overall
between these developments and I -- if I'm not mistaken, this development will be sharing
amenities with the vertically integrated portion as well. So, the one thing that I do
appreciate working with the applicant on these projects is that each one of their multi-
family projects are standalone. They have their own open space, own amenities to go
along with the density that they are proposing on their sites. As I also mentioned to you,
Meridian Planning&Zoning Commission
January 5,2023
Page 20 of 25
again, similar architecture out — as what's currently under construction or constructed in
the area. Of course, a lot of these do have their own identity as well. So, there is always
a mix of materials. As I mentioned to you, because of the -- they have their own design
guidelines, the applicant actually provides us a letter from their design review board
verifying that the design has been approved and, then, that way all that city staff has to
do is review it for conformance with UDC standards. So, it's been actually a pretty good
partnership with the applicant doing that process. It's actually the --the first time we have
done it with somebody in the city and it's been working out pretty well. They handle the
design review and we just make sure they comply with code. So, it makes it easy. Had
a chance to look at the public record. Did not see any public testimony on this. We did
receive written testimony from the applicant. They are in agreement with the conditions
of approval. With that I will stand for any questions you may have.
Seal: Okay. Thank you very much. Would the applicant like to come forward? Good
evening.
Wardle: Good evening. Happy New year.
Seal: Happy New Year.
Wardle: For the record my name is Jon Wardle with Brighton. My address is 2929 West
Navigator, Meridian, Idaho. 83642. 1 did raise my hand here, so that I could present. So,
maybe -- I think, Bill, you will have to undo yours. You will have to -- there we go. Thank
you. Let's see here. Can I be raised to a -- there we go. Panelist. Perfect. All right.
Just want to make sure you see that on your screen. Perfect. I will say at the very
beginning that we are in agreement with all the staff conditions. We don't have anything
to modify on the conditions that are before you. I do have just a couple of points. I want
to just -- as Bill has mentioned that we have two projects here that are really one project,
but the way that they were -- have been reviewed it's -- it's --they are one project together,
but two different applications. From a context perspective, this represents the location of
the TM Creek Apartments Phase 4. We currently have Wayfinder built, which is east of
Ten Mile. We also have just finished construction of Benchmark Road down to Ten Mile
Creek. Over the winter we were going to be building another bridge crossing and, then,
next summer we will complete Benchmark and Cobalt. So, we will have a complete
collector system at the Ten Mile project. So, that everything connects to Franklin and
over to Ten Mile Road. We have currently built a -- an access drive aisle paralleling
Franklin and we will continue that on this project. As it shows right here there will be a
parallel roadway connecting over to Benchmark and to Wayfinder. We will have a right-
in, right-out access eventually onto Franklin Road here in the center point, but the full
access points will be at Benchmark and on Wayfinder and those will both be signalized
in the future. Benchmark is currently signalized. We have actually paid for all the signal
for Wayfinder and that's in ACHD's court to install that, but we anticipate this next year in
2023 we will have two signals operational there. Overall, Ten Mile Crossing is 300 acres.
This site -- specifically the CUP in front of you -- is 2.36 acres and it's highlighted here in
red. But the whole project, Ten Mile Creek Apartments Phase 4, is a total of seven acres
and this is showing the entire project together. Just a couple of illustrations here. This
Meridian Planning&Zoning Commission
January 5,2023
Page 21 of 25
would be looking south as if we are kind of standing over or flying above Franklin Road
looking to south towards the Interstate. Building C, the clubhouse, and Building B, we
also have Building A and Building D, which were previously approved as vertically
integrated. Another view of that as well of the different type of buildings that are here.
The CUP application in front of you tonight -- it is 2.36 acres. There is on this specific site
1.51 acres of qualified open space, which is 65 percent, and as Bill mentioned that seems
high. In the overall project we actually have 32 percent open space. The amenities that
we are providing that all of the users here will have is a clubhouse, which is 11,000 square
feet, and that's conditioned space inside. We will have fitness, gathering spaces,
workspaces where people can actually get out of their apartments, so if they want to and
have some dedicated workspaces like we see in some of the executive spaces. We will
have a standalone pool house, which is shown here off to the south and to the east, which
is 1,000 square feet and some outdoor spaces there as well. Up above on the second
floor there is a second floor sun deck. Around the pool there is a pool and spa. We have
two pickleball courts. There are seating and fire pits and we also are building an eight
foot parallel sidewalk. The regional pathway is on the south side of Ten Mile Creek and
we have built that with one phase already and we will continue that along. But on the
north side we have installed -- or will install with phase three, which we are doing, an eight
foot sidewalk right now and we will continue that along. It doesn't replace the regional
pathway, which we are committed to building, it just provides another way for residents
to move east to west along this corridor and provides more connectivity throughout.
Again, the amenities are for the entire project. The area highlighted in red is the CUP.
The area highlighted in blue -- or banded in blue is the vertically integrated space. This
gives you kind of an overview of the overall open space of the project at 32 and a half
percent or 2.41 acres of the 7.41. I do want to note that there is the Ten Mile Creek
corridor, which will have the regional pathway. That's not included in this calculation.
That is a separate open space. When we bring in the plat, which will be TM Creek Phase
7, it will include that, but we are not loading up this project with that open space of the
creek and the regional pathway. We previously submitted for vertically integrated and
provided the city with all of the parking in one package, so they could see it, even though
the CUP had not been provided. The required parking is 267 spaces. We have an overall
300 parking spaces. We would only be required 52 covered spaces, but 212 of the
spaces here are covered. So, a lot of the parking in the site is -- is included and we do
exceed the parking requirements. We more than exceed the parking requirements for
the projects here. Just a couple more pictures. This would be looking from the south
from the region -- the future regional pathway to the buildings. We actually wanted to --
not just turn our back to the creek -- if you haven't had an opportunity to walk it already,
the parts that we have built on the south side, it is highly amenitized. Sometimes the
drains in the city we just kind of like turn our back to them. We have taken the approach
of that's kind of a front yard and so these buildings, which are right up along the creek,
have full advantage of that and that's what we have done here as well. We have brought
the amenity down to the sidewalk and to the creek and brought these two buildings down
as well. Pickleball as we know is a popular activity and we are providing two pickleball
courts with this project as well. Just an aerial view looking down at the site. The pool
area. Clubhouse area. Just some elevations there of the buildings. Like I mentioned at
the very beginning, we do concur with the staff report and recommendation for approval
Meridian Planning&Zoning Commission
January 5,2023
Page 22 of 25
and we are requesting tonight your approval of the conditional use permit for TM Creek
Apartments No. 4, file H-2022-0088, and I stand for any questions that you might have.
Seal: Do you have any questions for the applicant or staff? None? I don't think there is
any -- there is nobody left online and I'm pretty sure you are part of the -- so, if there are
no questions -- nothing further to add?
Wardle: I don't.
Seal: Thank you very much, sir. Appreciate it. Can I get a motion to close the public
hearing for File No. H-2022-0080?
Stoddard: So moved.
Lorcher: Second.
Seal: It's been moved and seconded to close the public hearing for File No. H-2022-
0080. All in favor, please, say aye. Motion carries. Thank you very much.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Seal: With that I will take comments. Motions.
Lorcher: Mr. Chair?
Seal: Commissioner Lorcher, go ahead.
Lorcher: Since this is a part of a bigger project -- although I have to say when I first read
it I was like, wow, look at all the open space for this one building. Sixty-four units. They
get their own pool. But it's part of a larger project and multi-family fits in with the entire
design of that particular corridor between Ten Mile and Linder and Franklin and, you
know, Brighton continues to offer, you know, extra amenities to be able to make it a livable
and workspace, as well as a nice way to enter into our city.
Seal: Okay.
Grace: Mr. Chairman, I agree. I -- I think it's -- it's a nice fit in that area. Retail and
commercial space are going to be in that area as well. So, hopefully, people can even
find a close place to work potentially, so -- and we don't have a room full of people
objecting to multi — multi-family, so that's good news.
Seal: Yeah. And I will — the comment I will make is I -- after being in the -- in the area
and driving through some of it and everything, seeing some of it early on, how it was going
to work in that area, I'm actually very surprised about how walkable it is -- walkable,
rideable, and, like you said, making that kind of -- instead of turning your back to it, I like
the way that you put that and that you are making that more of a front yard. So, I like that
Meridian Planning&Zoning Commission
January 5,2023
Page 23 of 25
approach. I like what -- everything that was done there. I wish we could see a lot more
of that, you know, not just in multi-family, but, you know, in just some of our— some of our
basic residential, just improving those pathways and connectivity, so -- this one's -- and
like the rest of the multi-family in the area is exactly the same, only different, so -- and
like the differences that are in there. It does make it -- each one of these feel like their
own little area, while combining the whole thing into -- you know, into one big workable,
livable area. So, I'm -- I have no -- no real concerns with it. It seems to fit into the whole
thing. I mean maybe -- why not 66 percent open space, but, you know, so — anything,
Commissioner Stoddard?
Stoddard: I like it. I like the design. And I don't have anything negative to say. I like it.
Seal: Anybody would like to take a stab at a motion on this?
Grace: Sure, Mr. Chairman, I will. I think if I read --
Seal: Yeah. Real quick. And just remember this is a CUP, so we are approve or deny
on it.
Grace: Yeah. I was just going to say I think I read Bill's instructions correctly that we are
not recommending, but we are approving. So, after considering all staff, applicant, and
public testimony, I move to approve to the -- I move to approve File No. H-2022-0080 as
presented in the staff report for the hearing date of January 5th, 2023.
Stoddard: Second.
Seal: It's been moved and seconded to approve file number H-2022-0080, with no
modifications. All in favor, please, say aye. No opposed. Motion carries. Thank you
very much.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Lorcher: Mr. Chair?
Seal: Real quick, I think we are going to — Caleb said we are going to try to do — instead
of doing training we were going to try and put something on the agenda at the end of it
next time? So, I just want to —
Parsons: I'm happy to provide some context on that if you would like.
Seal: Yes.
Parsons: So, Chair, Commissioners, staff is in the middle of looking at our staff report
template and we have actually gone in front of — we have talked with some of our — our
staff members, we have gone in front of City Council and provided them with a survey
trying to get feedback as to what they want included in a staff report and whether or not
Meridian Planning&Zoning Commission
January 5,2023
Page 24 of 25
what we are providing to you in a staff report is relevant or not and so as part of that effort,
because you guys are part of the team and you look at all of our staff reports, too, Caleb
and I wanted to extend the same invite to all of you and potentially come back on the 19th
at the end of the agenda and share a portion of that staff report and see -- get your
feedback as we move forward on an update to that -- that template. So, I know we have
quite a bit on that agenda, so we wanted to make sure that we had, one, good attendance
from all of you and you guys were interested in it. But, two, if you felt like the 19th wouldn't
work, then, we were also not opposed to coming back sometime in February as well. So,
we -- I guess I will just leave it up to the Commission as to whether or not that works or
not and add something to the agenda if -- if it does.
Seal: I'm -- personally I'm okay with it. I think we will probably still follow the -- the
unwritten rule of trying not to open anything after 11 :00, because we all get a little punchy.
But if it will fit into the -- into the agenda, then, I think, you know, kind of the more
information that -- at this point the better, so -- but that's -- anybody else have feelings on
that?
Lorcher: I have no conflicts.
Stoddard: I will not be available on the 19th. I will be out of town.
Seal: Okay. And that might be -- we will probably want to chime in with the -- maybe,
Joy, if you could do that, kind of see what the other — our missing Commissioners feel
about that. Again, we want to have good attendance for it. So, if we are going to have
issues with that were a few people are going to be gone, which happens, then, that's
okay.
Hall: Yes. I can definitely look into that and also just for your information we have five
public hearings on the 19th, but only one on the 2nd of February.
Seal: Okay.
Lorcher: That date works well, too. As long as it works for the group.
Stoddard: I will be on a flight on the 2nd.
Seal: Well, maybe just, you know, a quick e-mail to the -- to the Commission and just --
we can weigh in on that and, you know, we will -- we will get -- we will get you the
information as soon as we can, so we can get that scheduled for sure.
Hall: Okay.
Seal: Are we on a -- what -- what is our time on that? Because we do have to get it -- I
mean we have to put it on the agenda at some point in time in order for it to be on the
agenda; correct? So, what's our timing on that? Plenty of time? Okay. Just wanted to
Meridian Planning&Zoning Commission
January 5,2023
Page 25 of 25
make sure there wasn't some time constraint on that. Okay. Then I will take one more
motion.
Lorcher: Mr. Chair?
Seal: Commissioner Lorcher, go ahead.
Lorcher: I motion we adjourn.
Grace: Second.
Seal: It's been moved and seconded to adjourn. All in favor say aye. Motion passes.
We are adjourned.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
MEETING ADJOURNED AT 7:17 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
APPROVED
1 1 19 12023
ANDREW SEAL - CHAIRMAN DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK