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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. Meridian Planning&Zoning Commission January 5,2023 Page 2 of 25 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 Meridian Planning&Zoning Commission January 5,2023 Page 3 of 25 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 Meridian Planning&Zoning Commission January 5,2023 Page 4 of 25 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. Meridian Planning&Zoning Commission January 5,2023 Page 5 of 25 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 Meridian Planning&Zoning Commission January 5,2023 Page 6 of 25 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? Meridian Planning&Zoning Commission January 5,2023 Page 7 of 25 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. Meridian Planning&Zoning Commission January 5,2023 Page 8 of 25 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. Meridian Planning&Zoning Commission January 5,2023 Page 9 of 25 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 Meridian Planning&Zoning Commission 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 Meridian Planning&Zoning Commission 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 Meridian Planning&Zoning Commission 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