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2023-07-06 Meridian Planning and Zoning Meeting July 6, 2023. Meeting of the Meridian Planning and Zoning Commission of July 6, 2023, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher, Commissioner Jared Smith and Commissioner Nate Wheeler, Commissioner Patrick Grace and Commissioner Enrique Rivera. Members Absent: Commissioner Mandi Stoddard. Others Present: Joy Hall, Kurt Starman, Bill Parsons, Sonya Allen, Linda Ritter, Caleb Hood, Brian McClure and Dean Willis. ROLL-CALL ATTENDANCE _X Nate Wheeler X Maria Lorcher Mandi Stoddard X Patrick Grace _X Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: Good evening and welcome to the Planning and Zoning Commission meeting for July 6th, 2023. And 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. We also have staff from the City Attorney and Clerk's office, as well as the City Planning 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 note that we cannot take questions until the public testimony portion. If you have any questions during the meeting, please, e-mail cityclerk@meridiancity.org and they will reply as quickly as possible. With that we will begin with roll call. Madam Clerk. ADOPTION OF AGENDA Seal: The first item on the agenda is the adoption of the agenda. The application for Shoemaker Franklin, File No. H-2023-0008, will be open for the sole purpose of acknowledging their request for -- to withdraw the application. They will -- it will be open for that purpose only, so if there is anybody here tonight to testify for that application we will not be taking testimony on that application. Can I get a motion to adopt the agenda? Smith: So moved. Wheeler: Second. Meridian Planning&Zoning Commission July 6,2023 Page 2 of 43 Seal: It's been moved and seconded to adopt the agenda. All those in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the June 15, 2023 Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for the Conditional Use Permit for Black Box VR (H-2023-0022) by Black Box VR, located at 950 N Hickory Ave. 3. Findings of Fact, Conclusions of Law for the Conditional Use Permit for Ten Mile Costa Vida (H-2023-0018) by Cushing Terrell, located at 413 S Innovation Lane Seal: Next item on the agenda is the Consent Agenda and we have two items -- three items on the Consent Agenda. We need to approve the minutes of the June 15th, 2023, Planning and Zoning Commission meeting. We also have Findings of Facts and Conclusions of Law for File No. H-2023-0022. Conditional use permit for Black Box VR and also H -- file H-2023-0018 for the conditional use permit for Ten Mile Costa Vida. Can I get a motion to accept the Consent -- Consent Agenda as presented? Wheeler: So moved. Rivera: Second. Seal: All in favor say aye. Opposed nay? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Seal: At this time I would like -- 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 the item adheres to our Comprehensive Plan and Unified Development Code. After -- after staff has made their presentation the applicant will come forward to present the case and respond to staff comments. They will have 15 minutes to do so. 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. The clerk will call the names individually of those who have signed up in advance to testify. You will need to state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent picture -- pictures or a presentation for the meeting it will be displayed on the screen. If you have established that you are speaking on behalf of a larger group, like an HOA, where others from that group will allow you to speak on their behalf, you will have ten minutes. After all those that have Meridian Planning&Zoning Commission July 6,2023 Page 3 of 43 signed up in advance have spoken we will invite any others who may wish to testify. When you are finished if the Commission does not have any questions for you, you will return to your seat in Chambers or be muted on Zoom and no longer have the ability to speak. Please remember we generally do not call people back up. 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. The Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 4. Public Hearing for Shoemaker Franklin (H-2023-0008) by Hatch Design Architecture, located at 5317 W. Franklin Rd. A. Request: Annexation of 13.97 acres of land with an I-L (Light Industrial) zoning district. Seal: With that at this time like to open -- or yeah. Open File No. H-2023-0008 and I will need a motion to accept the withdrawal for that application. Grave: So moved. Smith: Second. Seal: It's been moved and seconded that we accept the withdrawal of application H- 2023-0008 for Shoemaker Franklin. All those in favor say aye. Opposed nay? Motion passes. Application is withdrawn. MOTION CARRIED: SIX AYES. ONE ABSENT. 5. Public Hearing for Driftwood Subdivision (H-2023-0021) by Brighton Development, Inc., located at 870 W. Ustick Rd. A. Request: Conditional Use Permit for a multi-family development consisting of 57 dwelling units on 4.81 acres of land in the C-C zoning district. B. Request: Combined Preliminary/Final Plat consisting of one (1) residential building lot, two (2) commercial building lots and one (1) other lot on 9.0 acres of land in the C-C zoning district. Seal: Now I would like to open the public hearing for File No. H-2023-0021 for Driftwood Subdivision and we will begin with the staff report. Allen; Thank you, Mr. Chair, Members of the Commission. The first applications before Meridian Planning&Zoning Commission July 6,2023 Page 4 of 43 you tonight are a request for a conditional use permit and a combined preliminary and final plat. This property consists of 9.01 acres of land. It's zoned C-C and it's located at 870 West Ustick Road at the northwest corner of Ustick and Venable Avenue. This property was annexed back in 2007 with the requirement of a development agreement, which was later amended. The existing agreement allows for the development of approximately 60 multi-family units and a minimum of two commercial buildings per the approved conceptual development plan. A certificate of zoning compliance was recently approved for site improvements, including an internal shared access driveway with detached sidewalk and associated landscaping and storm drainage. The Comprehensive Plan future land use map designation is mixed-use community. A conditional use permit is requested for a multi-family residential development on the northern portion of the property, consisting of 57 townhome style dwelling units on 4.81 acres of land in the C-C zoning district. A gross density of 12 units per acre is proposed consistent with the density desired of six to 15 units per acre in the MUC designation. The proposed development plan is consistent with the conceptual development plan and associated provisions in the existing development agreement. Access is proposed via a drive aisle from North Venable Avenue, a collector street, at the east boundary and North Buckstone Avenue, a local street, at the north boundary. Buckstone currently stubs to the north boundary of this site. A multi-use pathway is required to be provided from the east to the west boundary of the site. Excuse me. That is a requirement in the staff report that the applicant requests to have withdrawn and the Parks Department did agree with that, so disregard that. Compliance with the specific use standards for multi- family residential developments is required, which includes private and common open space and amenities, as well as parking. A minimum of 80 square feet of private usable open space is required per unit. A minimum of .46 of an acre of common open space is required. A total of .48 acre is proposed consisting of two common open space areas with amenities and a street buffer along the collector street Venable Lane. The street buffer isn't allowed to count toward the minimum open space. Therefore, a revised open space exhibit that excludes that area should be submitted. Additionally, all multi- family projects over 20 units are required to provide at least one open grassy area integrated into the site design allowing for general activities by all ages that is a minimum of 5,000 square feet in area. The area is required to increase proportionately as the number of units increase and shall be commensurate with the size of the development as determined by the decision making body. The open grassy area in both of the open space areas is below that 5,000 square feet in area. Staff is recommending a minimum of 14,250 square feet or .33 acre of common open grassy area is provided commensurate with the size of the development based on 250 square feet per unit. The plan should be revised accordingly prior to the City Council hearing. A minimum of three amenities are required based on the number of units proposed with one from each category. The applicant proposes a clubhouse, picnic area with a shade structure and a children's play structure in accord with UDC standards. Based on 13 two-bedroom units and 44 three-bedroom units a minimum of 164 off-street parking spaces are required, including guest parking, with 57 of those in a covered carport or garage. A total of 194 spaces are proposed with 84 of those covered, which exceeds the minimum standards by 30 spaces. Based on the parking provided a minimum of eight bicycle parking spaces are required and those -- those -- the details for the Meridian Planning&Zoning Commission July 6,2023 Page 5 of 43 amenities. Conceptual building elevations were submitted as shown for the townhome style structures, consisting of 15 two-story structures in three and four unit clusters, containing a mix of two and three bedroom units, with a minimum of 1,250 square feet per unit. Building materials appear to consist of stucco and horizontal siding in two different colors with stone veneer accents. These elevations are generally consistent with those included in the existing development agreement as required. Final design is required to comply with the design standards in the Architectural Standards Manual and will be reviewed for compliance with these standards with the design review application. Compliance with the building code requirements for separation between structures within the development is also required. A combined preliminary and final plat is proposed to subdivide the property consisting of one residential building lot, two commercial building lots and one other lot on 9.01 acres of land as shown. As mentioned an east-west drive aisle is proposed through the site, which provides access from Venable Avenue at the east boundary of the site. A cross-access easement is required by the development agreement to be granted to the property abutting the southwest property boundary prior to issuance of certificate of occupancy for the western commercial pad site or when the adjacent parcel to the west develops, whichever occurs first. The existing irrigation ditch along the southern boundary of the site adjacent to Ustick Road is required to be piped with development. Written testimony has been received on this application as follows: A letter was received from Jessica Lords, along with the petition online from neighbors with 373 signatures in opposition of the proposed development. Some of the reasons stated are as follows: There is already too much traffic congestion in this area. A traffic signal is needed at Ustick and Venable intersection. Against vehicular connection to the north to Woodburn Subdivision for safety -- safety reasons, children in the area and traffic. Concern parking will overflow onto Venable and too many apartments in this area already, et cetera. Mike Wardle, Brighton Development, submitted a response to the staff report. He is in agreement with the staff report, except for the condition requiring a multi-use pathway through the site, as I mentioned previously. The applicant is requesting the provisions related to the pathway be stricken and those conditions are in your hearing outline. The Parks Department agrees with the applicant's request. Therefore, staff requests the Commission strike the aforementioned conditions related to the pathway. Staff is recommending approval with the conditions in the staff report and will stand for any questions. Seal: Thank you very much, Sonya. Would the applicant like to come forward? Wardle: Mr. Chair, this is Jon Wardle. Can you hear me? Seal: Yes, we can, Jon. Wardle: I will be presenting via Zoom tonight. Michael is in the audience just in case there is any questions that come up. I would like to present a presentation, so if I could share my screen. Wheeler: Mr. -- Mr. Chair? Meridian Planning&Zoning Commission July 6,2023 Page 6 of 43 Seal: Go ahead. Wheeler: I need to share something here just real quickly. And maybe this has to do with the Council. I work for the housing company. This is Nate Wheeler. Our property is actually adjacent to this property to the west. I was noticed -- our company was noticed concerning this hearing -- or the public hearing that they were going to have. I am a development manager for that company. There is no interest at all in this project or property, but I didn't know if there was anything that I would need to recuse myself from or to step back on this, being that we are -- we do abut just to the west of Cooper Lane. So, we do share that property line there. Starman: Mr. Chairman, Commissioner Wheeler, yeah, I would recommend that you recuse from participating in this, because it would impact your employer potentially in a financial manner. So, I think it would be a -- a cautious approach for you to recuse and so if you agree with that, my recommendation would be that you -- I think what you said so far satisfies the -- the requirement for an announcement or explanation. So, you don't have to repeat that. I would just recommend that you just go into the executive session room where the Council is and we can call you back when we finish with this item. Wheeler: Perfect. I will go ahead and recuse myself. Seal: Thank you, Commissioner Wheeler. Appreciate it. Can we fix it so Mr. Wardle can share a screen? Wardle: I'm just waiting for that. Yeah. I will put on the record, then, Jon Wardle. Brighton Development, Inc. 2929 West Navigator Drive, Suite 200 -- Suite 400 Meridian, Idaho. 83642. I'm still not seeing where I can share my screen here yet. Seal: You want to make him a panelist? Okay. Hall- Mr. Wardle, if you can choose upgrade to panelist. Seal: Thank you. Smith: Mr. Chair? Seal: Go ahead. Smith: I believe Mr. Wardle when he accepted panelist is -- is muted, so if he's speaking we can't hear him. Wardle: How about that? Can you hear me now? Seal: We can. Thank you. Meridian Planning&Zoning Commission July 6,2023 Page 7 of 43 Wardle: Mr. Chair, I appreciate the opportunity to testify and present tonight for the Driftwood CUP and preliminary and final plat applications. As staff has mentioned tonight we are talking about 9.03 acres at the intersection of Venable and Ustick and this is a comparison Comprehensive Plan in the current zoning map. The property is zoned C-C and back in -- the property was originally annexed and zoned in the city in 2007 and there was development during the modification in 2016 and, then, we did a little modification development agreement in 2021 that in -- as staff indicated it was a mixed-use project of both residential townhome parkland homes and commercial uses. The application before you tonight is consistent with that approved development agreement modification Council approved back in 2021. Like I mentioned, this is the project that is known as Driftwood. It also has been called Settler's Square under a previous approval, but for plat purposes the project is called Driftwood Subdivision. As I mentioned it was previous -- a previous development agreement was approved by Council back in 2021. The applications before you tonight are a conditional use permit for 57 townhomes on 4.81 acres and a preliminary and final plat for four lots on 9.01 acres. I just want to talk briefly about the conditional use for the 57 townhomes. The area that is under conditional use permit for you tonight is the area bounded here in blue. There are 57 townhomes, which are all two-story. Each of these homes will have at least one one-car garage and two parking spots in front of those homes. As staff indicated, we have more parking provided than required. The amenities for the project will include a clubhouse, which is shown up here in the upper right corner, which will have a game room, it will have a management room. Also have the ability for delivery of mail and that type of thing there. There is a tot lot, which is shown just north of the clubhouse and, then, we also have another grassy area to the north with a gazebo area and seating area. Staff had mentioned that there was perhaps a deficiency of the grassy areas. We noted that the landscape plan provided was not exactly the same as the -- the site plan and we can address -- and we actually will meet the standards and requirements in the landscape plan to -- to demonstrate that. We are maintaining per the C-C zone a 25 foot required buffer on the north and on the west boundaries where there are existing homes and they actually just maintain that along the entire point of the property to the north and to the west. We also, as this shows here, the homes around the perimeter are front loaded with the garages in the front. There is grassy areas behind. The separation from the existing Woodburn neighborhood. The interior of these homes are all alley loaded homes and those are shown here. So, in green are the front loaded with the garages and the perimeter and the blue homes are internal and those the alley homes. As mentioned these are all two story in nature. Very consistent with the other homes that are both single family and townhomes that have been built in and around the Settler's Park area. The preliminary plat and final plat combination is a four lot subdivision. Lot 1 is the residential, which relates to the conditional use permit. Lot 2 is the access drive that provides access for Lots 1, 3 and 4 out to Venable and Lots 3 and 4 are commercial lots. In our previous approval we were before the City Council. These lots are owned by St. Luke's. St. Luke's intends to build a neighborhood size clinic at this location. They have not yet submitted their conditional -- their certificate of zoning compliance, but we are told that they will do that at some point. But Lots 3 and 4 are owned by St. Luke's and they will bring those applications for construction forward at some point in the future. With the project we are improving Meridian Planning&Zoning Commission July 6,2023 Page 8 of 43 Venable. Venable currently on our side of the road south of the Woodburn Subdivision is unimproved. There is no sidewalk there and we will be adding sidewalk, we will be adding curb and gutter. Storm drainage. We also are adding a turn lane north down from Venable that would turn into the project -- to the access drive aisle. We will be making those improvements north and south, so that -- that area of road and that portion of road which has been outside will be included with this project. As mentioned, we are in agreement with the entire staff report, with the exception of that comment on public access. We have already resolved that with staff and with the Parks Department, so as staff noted these would be the conditions that we would ask be stricken from the conditions of approval before you tonight. So, in conclusion, we respectfully request that the Planning and Zoning Commission approve the conditional use permit and recommended to approve to the City Council the preliminary and final plat of Driftwood Subdivision with the note of those conditions for that public access that was in the staff report. And with that I stand for any questions that you might have tonight. Seal: Thank you very much. And I will start out with the question of why are we eliminating the multi-use pathway? Wardle: Mr. Chair, that's a good question. If I may -- if I can just go to another slide here really quickly. Actually, I'm going to this one. If you look at this exhibit here, there currently is no public pathway in this corridor. There are sections. There are connections. There is one out by Settler's that comes a little distance and there is some connections there. There is a sidewalk coming through here. There is actually a condition that was placed as a sidewalk in front of the future apartments next door to us. We will provide sidewalk and pathway connections through there, but the requirement for a public access easement really isn't necessary, because there are already sidewalks throughout the entire area which are of public use. One of the things that we -- we can do is make a -- make a pathway or make a sidewalk that would connect -- let me back up one slide here. You can see that we have sidewalk on both sides of our drive aisle. There is a possibility that when the commercial project comes through that they should or would put in a sidewalk here to make a connection over, but there really doesn't seem to make any sense to put a public use easement over a pathway system that is not part of a cohesive plan for the city. As you can see here as well there are a number of sidewalk and pathway connections two and three and they will continue to be there. There is not a deficit of access, it's just a -- I think it was the Parks Department was looking at this wanting to ensure that there was a sidewalk through and, of course, there are sidewalks through. You have Ustick, which is a sidewalk system. All these neighborhoods have sidewalks over. We will have sidewalks as well. So, we just ask that that condition be removed. Seal: Okay. Thank you for the explanation on that. Smith: Mr. Chair? Seal: Go ahead. Meridian Planning&Zoning Commission July 6,2023 Page 9 of 43 Smith: Question for the applicant. Looking at that display that -- sorry to make you -- Wardle: Oh, you want me to go back to that one? Smith: Go right back to where you were. Specifically about Cooper Lane I believe it is. Yes. Does there plan to be -- I'm assuming that's going to connect down to Ustick from that stub. Is that accurate? And, if so, is there planning -- plan to be some sort of crosswalk across Cooper Lane connecting the Woodrose Apartments and the Driftwood Subdivision? Wardle: Maybe I can go to this slide. I believe this is the most current Woodrose site plan and you can see here that Cooper Lane will make a driveway access to Ustick. I think the road across the street is called Blairmore. I could be wrong. It's either Blairmore or Blaymore. This road, Cooper Lane and Blairmore will align. They will make a sidewalk connection to Ustick, but at this point in time I do not believe that there are any plans by the highway district to require a crosswalk over Ustick at that location. I can't speak to their conditions of approval, other than this is what we have done in the site plan for that project. I will note -- and staff made this comment as well -- that there was a requirement for a cross-access to the commercial piece. You can kind of see where my hand is right here, that 95 foot. We have a driveway access that will go over and connect -- that's not the right one. But a cross-access here from our commercial site to that connection with the Woodrose Apartments. Smith: Thank you very much. Seal: Commissioners? Starman: Mr. Chair? Seal: Go ahead. Starman: If I may ask just regarding clarification for the planners. Mr. Wardle described the possibility that sidewalk extension in the south -- the southwest corner of the commercial parcel, that that might be done by the -- when the commercial -- when the St. Luke's project develops. I'm not sure that the city can require that as part of a certificate of zoning compliance, so I'm asking the planners to clarify that. But if they can't, would the Commission want to consider a condition tonight? So, I'm not sure you can require that with the CZC. Allen: Mr. Chair. Kurt, was that a -- were you talking about vehicular access or pedestrian? Starman: Pedestrian. If I understood Mr. Wardle's comments correctly, he talked about there would be the possibility of a sidewalk connection. If you look at the -- what's on the screen now, where the sidewalk terminates on the west -- toward the west part of the site -- of the site where the cursor is located, there would be a sidewalk connection Meridian Planning&Zoning Commission July 6,2023 Page 10 of 43 from that point down to Woodrose Apartments and he indicated that could be accomplished when St. Luke's develops, but if St. Luke's only requires a CZC for its project, I'm not sure we can condition it as part of the CZC process and so my question for the planning staff is should the Commission consider a condition tonight? Allen: Yes. That's the short answer. You are -- you are absolutely correct. Thank you. Seal: Thank you for pointing that out. I appreciate that. Good guidance. Wardle: Mr. Chair, this is Jon Wardle. If I can just respond to that, that we -- we are agreeable and we can work with St. Luke's to ensure that that sidewalk comes across into a location that makes sense in alignment with what Woodrose would have on that side. Our biggest concern was the requirement for the public use easement, not for the sidewalk and connectivity itself. But we -- we will agree to a condition that says that a -- a sidewalk make a connection over to the Cooper Lane Woodrose Subdivision on the boundary of the commercial site. Seal: Okay. Thank you very much. Wardle: Thank you. Allen: Mr. Chair? Seal: Sonya, go ahead. Allen: If I may clarify. The -- the reason for the public use easement was so that the public can use it. This site does not have a public street through it and so it is private property for -- for those that might be using the walkway. So, that's the reason for it. Seal: Okay. Thank you for that clarification -- clarification. That makes a little bit more sense for me. And -- and the reason I asked on the -- on the multi-use pathway is it's -- I'm an avid bike rider myself, so as I have biked in other towns and cities there is generally a more cohesive plan for things like that where you don't have to guess where you need to go or through a parking lot or anything like that, so -- when we miss the mark on some things like that, then, I just want to make sure it's on the public record that we -- we had a discussion about it, because we -- not that this piece of property necessarily has done that, just kind of as it's been piecemealed together -- and as Jon's pointed out there is no real cohesive plan for that. So, it's difficult to have, you know, ridership in this area right here as it's being developed. So, just want to make sure that we are a little bit more aware of that as we move forward. Commissioner Smith. Smith: Mr. Chair? Seal: Uh-huh. Smith: So, question for the applicant around the -- the open space area and also Meridian Planning&Zoning Commission July 6,2023 Page 11 of 43 maybe for staff, if I'm misunderstanding something. So, my reading of the staff report sounds to me like this is not just -- this -- this site plan is not just short, but it's significantly short of the open space. It looks like the staff is recommending a minimum of 14,000 square feet or just over that and neither of the two lots appear to come close to that. Am I reading that correctly? And, if so, could -- you know, if the staff could comment on how that's -- what the plan is to resolve that? Allen: Yes. Mr. Chair and Commissioner Smith, the -- the overall common open space actually exceeds the minimum standards by just a little bit, but the specifications for that is where they are off. They are required to provide a minimum 5,000 square foot open grassy area and as proposed it's -- it's below that in both of their common open space areas. I did recommend that a minimum of 14,250 square feet of open grassy area be provided overall. That could be split up in a couple areas, but the -- at least one area should be a minimum of 5,000 square feet. Smith: Okay. Allen: So, I'm not sure how they get there. That's up to them to figure out how to get there. They may need to reconfigure some things. M.Wardle: Mr. Chairman, the other Wardle would like to interject for a moment. My name is Mike Wardle. Brighton Corporation. Director of Planning. 2929 West Navigator in Meridian. We have already covered this internally, but the area on the north side of the property, that -- that red outlined area, can be brought up to standard with a three foot shift in the units just to the west and there is sufficient room to do that. So, we will be bringing those to standard. Seal: Okay. Smith: Thank you very much. Could I ask the next question? So, there -- there was information in the -- in the public record as far as a crosswalk across Ustick. I just need to phrase this correctly, so -- and I know that work's been done to try to bring ACHD in to do that. So, there is -- there is a lot of public feedback about, you know, signalizing that -- that intersection and we do have a lot of multi-family that's coming in on Venable as it crosses the street as well, so what I -- I guess from the applicant's perspective what is your -- what is your feeling on where ACHD is at with providing that and has trust already been set up on the four corners to provide for it? Wardle: Mr. Chair, we -- we have been in conversations with ACHD about that intersection at Ustick and Venable. What is still not known at this time is the timing of when that would occur. It is interesting until recently that intersection had been considered to be a -- a roundabout location and with our staff report we actually had made a -- a change with the project to the south in the other corner of this project. They made a formal recommendation that that roundabout be removed from that and that the signal be adopted and proceed with that. We have asked ACHD what their timing is for that. They have not told us as of yet, but my expectation is that with the amount of Meridian Planning&Zoning Commission July 6,2023 Page 12 of 43 interest now and comments that have been made that ACHD can prioritize that. It is -- it would be within their future work program, but as it stands right now that timing has not been set. So, we -- like I mentioned, up until this point our side of Venable has been unimproved. We will be making those improvements and finishing out Venable, so it is a complete finished road going down to Ustick, but ACHD at some point in the future will be the one that would install and complete that signalization of the intersection and nobody likes to hear this, but do it when it's warranted. Seal: Okay. Thank you for the information on that. I just -- you know, again, it's -- you are part of a collective of things that are going in in that area, so it is getting -- it's going to get pretty crowded there for sure, so -- a lot of multi-family going in in that area, you know, close to the park as well, so just a lot of traffic. But thank you for the explanation on that. Grace: Mr. Chairman? Seal: Go ahead. Grace: Mr. Wardle, this is Commissioner Grace. I don't know if Ms. Lords is here or plans to testify tonight, but in the event that she might not be, can you just describe maybe what conversations you have had with neighbors, how that neighborhood meeting went and if, you know, any -- any concessions that maybe we don't know about occurred or just --just how those conversations have gone? Wardle: You bet. Commissioner -- or Mr. Chair, Commissioner Grace. The neighborhood process has not been short by any means. We actually started out the hearing process back in 2021 . In fact, we had a neighborhood meeting at that point in time prior to the development agreement being modified, which anticipated 57 townhomes. We also had a neighborhood meeting October 25th, 2022. We had a second neighborhood meeting on March 23rd, 2023. 1 will note that at that March 23rd meeting Ms. Lords asked if we would postpone it, but we had actually already noticed that meeting, but we told them that we would be more than willing to schedule another meeting with their association after that should they want to. We told them we would be happy to do it anytime before April 7th. We were anticipating to submit and followed up with them asking them if they wanted to have another HOA meeting and we finally got a response back from Jessica stating that they did not seem interested in wanting to have another meeting at this time and they would just submit their comments in the city and until those comments hit the record as of today, those -- that petition that was submitted have not been provided to us. I -- I will say that the comments have been consistent, which were, you know, what -- what's going to happen at Venable and Ustick and that roundabout. So, like I mentioned, it's gone away and ACHD has indicated that a signal will occur there. They were also very much concerned about improvements on Venable, which we are going to take care of. And, finally, it was the connection to Buckstone, which they didn't feel like we want to have the connection to us. I will state that Buckstone Road has been there since 2006, so it's not a new connection to it -- with the other projects that have come through, the annexation and zoning, and Meridian Planning&Zoning Commission July 6,2023 Page 13 of 43 ACHD -- this is a condition which has been consistent of maintaining that connection to Buckstone. There is comments that have been made by the neighbors that traffic will flow from our project through them. If there is traffic flowing through I -- I guess I would counter that would be from Woodburn through us out to Venable or would just be very ancillary from neighbor to neighbor. So, those are the concerns that have been made to us. You know, there is other -- other comments made about the impact of rentals and, you know, upon neighborhoods and I -- you know, that's a whole different discussion, but these would be the key issues that were raised for what's going to happen at Ustick and Venable, the improvements to Venable itself and the Buckstone connection into our project, which has existed since the very first Woodburn project had been approved pre- 2006. Mr. Grace, those are the -- those are the items that -- through those neighborhood meetings -- which have been a consistent theme going all the way back to 2021 those are the same comments that we heard each time we have had a meeting with the neighbors. Grace: Okay. Thank you. I -- and I can -- obviously, I -- I'm reading through the materials that were submitted, but -- but that additional context is helpful. So, thank you. I appreciate it. Seal: Any other comments, questions, Commission? No? Do we have anybody signed up? Hall: Mr. Chair, we do not. Seal: Would anybody in Chambers like to come up and testify on this application? If so just raise your hand. Sir, come on up. Oh, wait until you get up to the microphone. We will need your -- we will need your name and address for the record and the floor is yours. McCabe: Patrick McCabe. I live at 952 West Anton Drive, Meridian, Idaho. Seal: Thanks, sir. McCabe: And I have the same concern that was brought up by others and that is the traffic. I think, you know, you could knock on somebody's window that's been waiting at that intersection for ten minutes and say -- but there is a sidewalk over here and I don't think they would care much. I'm also concerned that, you know, the speed limit is 40, which means 45 on most roads and let's be honest, so we are going to see a lot of fatalities. People start to lose interest in -- or, you know, they get impatient and so it's going to be bad and you have traffic already, which those are on that south side, they are all developed, but not rented. So, we have not even seen the impact of that quite yet. If the few cars coming across is very difficult -- even tonight coming down to this meeting, you are sitting there for five to seven minutes and I was lucky enough to miss the end of a baseball game, which that adds tremendously to it as well. I think in this development they are going to have a hard time even getting onto Venable. I mean you are going to have to leave stop gaps or put, you know, painted lines like don't block the Meridian Planning&Zoning Commission July 6,2023 Page 14 of 43 intersection. It is a very bad intersection and it's only going to get worse. Even if you had that connection to the Buckstone, you know, those people aren't going to go way out through these neighborhoods -- scrolling neighborhoods to get out. You know, they need to get out onto Ustick. So, I think, you know, responsible development would be get the light in and, then, move on with some development like this and -- and that's, you know, adequate development. You know, I don't -- the sidewalk -- I don't think people really miss that. There is a sidewalk on the other side. I don't think that's been a big issue in -- in our community. So, I -- the last -- I looked up online and I wished I would have been able to print it out, but from ACHD they had reviewed that and had no intention of putting a light in there. So, that was the last I saw in an e-mail and it was online, you know, that I could get to it, so -- anyways, I think that's the big issue there until we get a light. Single family homes could probably tolerate that, but I don't think we can tolerate these basically apartments in that region. So, thank you very much. Seal: Thank you, sir. Appreciate your testimony. Anybody else in Chambers want to come up? Anybody online, just press the raise hand button. All right. Seeing none, no takers, would the applicant like to come back up to the virtual microphone. Wardle: Mr. Chair, Jon -- Jon Wardle. Just in summary we do appreciate the opportunity to, again, be able to bring this project in front of you and the concerns that were -- that were presented in -- on the record that showed up today and Mr. McCabe as well are -- are valid. Frankly, you know, this -- let's say it's a roadway which has been improved over time. Ustick has built out as a five lane road and there are -- there are needs adjacent to it. I think we are finally approved where ACHD know that they have realized that the roundabout is never going to happen here, but a signal will. We will continue to encourage them to, you know, move forward with that. That is not something that we can control, unfortunately, but based on our conversations with ACHD they will have to make that determination. We will -- we will continue asking them the question when that will occur and encourage them to do it sooner than later, but it's not a matter that we are able to -- to join on their behalf. We are consistent with the development agreement which was approved by the Council back in 2021. We -- we made a commitment that we would build 57 townhomes and this is the 57 townhomes are -- are what is being presented here. The open space requirements we can meet. There are some slight adjustments that need to be made as the other Wardle -- Mr. Wardle indicated. We can do that and we will present that in the preliminary plat, final plat application that goes before Council. We -- just in summary we request your approval on the conditional use permit tonight with the noted modifications of the conditions and your recommendation to Council the approval of the preliminary and final plat and I stand for any questions you might have. Thank you. Seal: Thank you. Commissioners, do we have any final questions? Seeing none, thank you, Mr. Wardle. I will take a motion to close the public hearing for File No. H- 2023-0021 , Driftwood Subdivision. Smith: So moved. Meridian Planning&Zoning Commission July 6,2023 Page 15 of 43 Grace: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0021. All in favor, please, say aye. Opposed nay? The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE RECUSE. ONE ABSENT. Seal: I -- I can jump in on this one real quick and let the rest of you finish it out. But I mean this piece is kind of in-fill. It kind of has that -- that feel to it where we are, you know, piercing together some of the final pieces, you know, of large subdivisions as -- as this comes into play. Would have liked to have seen -- especially as things come along the ditch just a more cohesive plan for this area as far as a pathway. Unfortunately, I think we kind of missed the mark on that and -- and that, you know, makes it to where we don't -- you know, we are going to -- there is no logical place to really put that in -- in this subdivision, so I'm a little disappointed by ACHD in there -- the realization that the roundabout is not going to happen there, but they have no imminent plans to augment that with a -- with -- with a light at the intersection. So, there is a -- there is a large amount of properties that are going to be coming online here, rentals specifically and multi-family, so I think we are probably going to see some more issues at this -- at this intersection for sure. So, unfortunately, the developer has, you know, no sway over ACHD and neither does the city. So, ACHD owns the roads, therefore, they have to make the decision that it's warranted to put that in, so -- at least they have indicated that what is -- that is what's going to go in there, so as far as our citizens I would definitely recommend that you contact ACHD and let them know that's something that's very much needed. So, as soon as you start to see the -- you know, the rubber tubes go across the road where they are counting that's a good sign. So, you can make an impact by doing that hopefully. As far as the application itself, I actually like -- I like townhomes, so at least they are not fourplexes or the three story buildings that we see in other places, so they seem to be pretty popular out there. I like the fact that the center is alley loaded. Kind of makes a nice livable area out of it without having too many garage farms out there. I know that they are going to adjust some of the common area to accommodate that 5,000 square foot, but I like where they are placed and if, you know, we have different places to go where you don't have to walk clear across -- you know, all the way across, which isn't that far, but you don't have to go very far to take your kids and be in a grassy area and -- and, you know, enjoy an afternoon. Plus they have the clubhouse there and some other things. So, as far as the application goes it's -- it's actually fairly pleasing in the fact that they didn't try to accommodate the entire thing with -- with the townhomes, there is going to be a commercial element to it is -- you know, I think it will -- I think it will be a good addition to the neighborhood. Commissioner Smith. Smith: Mr. Chair, yeah, I agree, especially with your thoughts around multi-use pathways, the connectivity. For reference, I personally live just north of Ustick and Meridian. I used to live on --just near Ustick and Cole Road and -- or sorry. Ustick and Cloverdale. Apologies. Where someone actually recently was -- there was a pedestrian fatality with someone trying to cross the road across Ustick. So, I -- I have -- Meridian Planning&Zoning Commission July 6,2023 Page 16 of 43 1 -- I'm under no false pretense that, you know, this is becoming an issue, especially around Ustick and pedestrian amenities -- pedestrian facilities and I agree that ACHD -- I would like to see them do more in this area around signalizing the intersection, but also providing additional pedestrian facilities. Like you said, there is -- you know, the developer doesn't really have control over that. I will say, you know, I do have the privilege of also serving on the Transportation Commission and -- and chairing the subcommittee that works on the transportation prioritization requests, so I will be e- mailing some information to staff on the Transportation Commission about this -- about looking at whether this needs to be elevated as an issue that the city takes to ACHD, you know, but -- but knowing that -- the timelines around construction of these facilities, it's -- it's -- it is frustrating. I -- I empathize with the -- the -- the citizens who have raised concerns and empathize with those concerns, but I -- I don't know that, you know, we can hold the development hostage to kind of the -- the whims of -- of what ACHD decides in the moment. So, I -- I do -- I -- I appreciate the attention -- the -- the townhome design. I appreciate what seems to be, you know, relatively reasonable, like you said, semi in-fill. I think this is a good development for the location. It's just the interconnectivity issues that are an ACHD issue and I will be kind of trying to see if there is anything that the Transportation Commission can do to help push that forward, but -- but, yeah, that's not the fault of the developer. So, I -- I support this, but I echo the frustrations. Seal: Anyone else? Commissioner Grace? Grace: Mr. Chairman, I probably can't add a whole lot more to that. I agree mostly with -- with what was stated already. Venable is tough. It is -- as have it -- having a kid play baseball over there I get it and this isn't going to make it any easier, but I do like the townhomes. I -- I will stress that point. I like the transition and I do like the commercial piece. I think that a lot of the neighborhood is going to find that a really -- a really nice amenity to have. So, again, I don't want to repeat anything, but I will be supporting it. Seal: Commissioner Rivera? Rivera: Yeah. Same here. I agree. I -- I -- I like the townhomes as well. I'm just hoping that ACHD would reconsider once, you know, those -- across the way those apartments and towns get filled and, then, this project gets up and running and they see, you know, possibly the need for -- for a light or at least a -- you know, a walk through light or something for -- to get across to those fields. I would imagine those apartments and -- and all the residents there would want to get across into the fields instead of walking all the way to -- to the light on Ustick. But other than that the project is good. I -- I think the -- you know, they are doing everything to work with staff to -- to meet all the requirements and -- and including increasing the -- the open area. So, yeah, I -- I will be approving this -- this application. Seal: Okay. Commissioner Lorcher, anything to add or a motion? Lorcher: I don't have much to add. All I know is that Ustick is going to be yucky from Meridian Planning&Zoning Commission July 6,2023 Page 17 of 43 Owyhee Storm to Eagle for the next several years with Highway 16 coming in and even though several miles away it's going to impact everything and I can see why developers want to continue to in-fill on Ustick Road because of that connectivity, so -- because it was annexed in 2007 and it was approved for -- with DA modifications in 2016 and in 2021, it's going to be a mixed-use project and if we don't approve this one it would come back as something else. So, it's inevitable. And, like everybody else said, it's a -- it's a nice use of the space. Seal: Okay. With that I will take a motion. And whoever is going to do the motion, please, review the conditions that are in the bottom part of the written testimony and if you would like to put in a condition for the path -- a pathway in the commercial zone in the southwest corner. Grace: Mr. Chairman, I will give it a shot. Seal: Go ahead. Grace: I move -- after considering all staff, applicant, and public testimony, I move to recommend approval to City Council of File No. H-2023-0021 as presented in the staff report for the hearing date of July 6th, 2023, with the following modifications: Striking the condition related to the pathway per staff recommendation and including a condition of requiring a crosswalk over -- I think it's Cooper between the Rosewood and Driftwood Subdivisions. Seal: For clarification it is not a crosswalk, just a public pathway. Grace: Just a public pathway. Okay. Yeah. I wasn't sure on that. So, I would make that a public pathway across that road as part of the motion. Allen: Mr. Chair? Seal: Go right ahead. Allen: For clarification, if -- if you are requiring a public pathway connection it does need to be in a public easement. Otherwise, it is a private pathway. And it's a pathway stub to the west boundary. It won't cross Cooper. Seal: So, essentially, just -- we would ask for a private pathway to be included on the southwest corner. Allen: Thank you. Seal: Okay. That's -- Grace: So, I would amend the motion to strike the portion about the crosswalk and the public pathway and include a condition to require a private pathway across that street -- Meridian Planning&Zoning Commission July 6,2023 Page 18 of 43 is that accurate? Seal: Don't -- not on the street, just to the southwest corner. Grace: Okay. Not on the street. To the southwest corner. Seal: Okay. Do I have a second? Smith: Second. Seal: Okay. It has been moved and seconded to recommend approval for File No. H- 2023-0021 , Driftwood Subdivision with the aforementioned modifications. All in favor, please, say aye. Opposed nay? Motion passes. Thank you very much. MOTION CARRIED: FIVE AYES. ONE RECUSE. ONE ABSENT. 6. Public Hearing for Milano Animal Care Facility (H-2023-0026) by Blue Frog, LLC, located at 3020 W. Milano Dr. A. Request: Conditional Use Permit to operate a new 3,100 square- foot animal care facility on 0.75 acres of land in the L-O zoning district. Seal: And with that I would like to open File No. H-2023-0026 for the Milano Animal Care Facility and we will begin with the staff report. Oh, that's right. And -- and -- and Commissioner Wheeler can come back. Thank you. Ritter: Good evening. Can you guys hear me? Seal: We can hear you now. Thank you. Ritter: Good evening, Chair and Commissioners. So, tonight we are here for a CUP request for the development of an animal care facility offering general practices, such as examinations, wellness visits, surgery and dental and x-ray procedures on .75 acres within a 3,100 square foot building in the L-O zoning district. Compliance with the specific use standards for animal care facilities is required, which includes the provision that all animals should be indoors at all time, except when being exercised. At such times animal shall be under the supervision and direct control of the caretaker. The applicant is proposing to install two wooden privacy fenced areas, which are located on the north and west side of the building. These areas will be used to walk animals while in the hospital care and a safe environment. And to prevent escape or injury to the animals. Access is proposed via a drive aisle from North Cortona Way, which is a local street. The drive aisle will connect to the existing commercial drive aisle that has an access point to West Milano Drive, which is a residential collector. The applicant will be required to construct the entire length and width of the two way drive aisle along the southern property prior to occupancy. The area that is labeled future parking on the site Meridian Planning&Zoning Commission July 6,2023 Page 19 of 43 plan has not been approved as part of the CUP process and vehicles should not park in this area. The applicant will be required to submit a detailed parking plan to be reviewed and approved per the standards set forth in the UDC prior to use. The -- the applicant has proposed sufficient parking that exceeds the minimum requirement. There is existing landscaping adjacent to North Cortona Way and along the northern property boundary. The developer will be required to protect this existing landscape during construction. Coordination with Republic Services for the appropriate size and location of the proposed trash enclosure is required. The city is requiring that the trash enclosure as proposed be relocated to an area away from the residential development. The business hours of operation within the L-O and C-N districts are limited from 6:00 a.m. to 10:00 p.m. The hours proposed to operate the business are from 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 12:00 p.m. on Saturdays. These hours are well within the -- the hours of operation required by the UDC. Conceptual building elevations were submitted for the hospital. The building materials appear to consist of Hardie board, synthetic stone and the shingle roof. Final design is required to comply with the design standards in the Architectural Standards Manual and will be reviewed for compliance with the design review application. There was no written testimony received for this project. Therefore, staff is recommending approval of the CUP per the provisions in the staff report. And at this time I will stand for any questions. Seal: Thank you very much. Would the applicant like to come forward? Good evening, sir. Just need your name and address for the record. Lardie: Good evening, Mr. Chair. Dan Lardie. Levin Associates. 1324 1st Street South, Nampa, Idaho. There it is. Just waiting for a PowerPoint. Seal: No problem. Technology is great when it works, isn't it? Lardie: It is. Not that -- not that I really can improve on Linda's testimony -- or her staff report, but it's pretty straightforward I think on this one. Luckily. Sometimes I get the easy ones. Is that under my control? Okay. First of all, I want to say thanks to staff. It's nice to see them again. They have been a pleasure to work with. This is an allowed use in the L-O zone via the CUP process, which is why we are here. Can I -- oh, too far. Sensitive mouse there. So, just -- just so you know, this is the location of it. If you are not familiar with the location we are just about two-tenths mile north of McMillan Road. Walmart is across the street. That's that big white building there. And I'm going to bore you with this zoning map. We are in the upper left -- or the -- excuse me, the upper right corner here in this L-O zone next to this residential zone and surrounded by the -- the commercial zone to the south. Or I should say we are LO to our south, but -- our immediate south, but across Milano Drive is commercial. And just so -- location wise, otherwise right now it's been developed out is -- this is a Small Talks Clinic and this is St. Luke's and this is Ten Mile Smile. So a dentist office. And I'm -- I really don't want to -- I really don't want to repeat a bunch of stuff. So, again, 3,100 square foot clinic. It's a small parking lot. It's got -- or excuse me -- 14 total stalls. It's -- we are only required to have six, so we exceed the standard there. The possible expansion of the parking in the future is in -- let's see if I can get this mouse -- I lost the mouse. Meridian Planning&Zoning Commission July 6,2023 Page 20 of 43 There it is. In this area as -- as mentioned we know it's not approved with this -- with this application. It's only for future expansion. Paved access to Cortona. Or down to the south. There it is. And a picture of the site. So, this is a little dated site. It was taken back in 2009, but it is representative of what's there now and it's looking west from Cortona. There is the landscape on the -- there is the landscape that they were talking about and you could see that from the aerial, but it's just a little bit closer. It's a little more mature now. Just to requote -- I'm not going to run through this. This, again, our hours of operation are Monday through Friday 7:00 to 6:00, Saturday 8:00 to 10:00. Or 8:00 to -- 8:00 to noon. Sorry. I better be careful. 8:00 to noon. So, the landscape buffer, again, is shown there. We are in agreement with the staff report. We will work with staff to move the -- relocate the trash enclosure. Close up -- close up areas of the two fenced areas that were mentioned in the staff report for the -- for the fenced in enclosures. One is an iso -- an isolation area for pets that need to be isolated if they are under treatment and the other one is to -- for all other pets to relieve themselves or to take lab samples as needed. And, then, the last this -- this one here is just a -- an idea of what the -- what the site could look. Like proposed similar finishes. Downward lighting provided. And, then, overall the site -- oops. Oh, this must be the end. Sorry, guys. There we go. So, again, future -- future parking is going to be turfed over in this space and there -- this is the landscaping plan that meets the UDC requirements and after that got to get -- got to get the pets on there; right? We look forward to your approval. Thank you and I will stand for any questions. Seal: Thank you very much. Commissioners, do we have any questions for the applicant or staff? Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: Just a question to clarify that there -- even under direct control of staff there is no location outdoors for animals to -- to kind of like -- there is no intention to linger for a specific amount -- a significant amount of time for multiple animals, just from a standpoint of concerns about animals, you know, being outdoors and barking or, you know, being, you know, together, you know, for a significant period of time for noise concerns. Lardie: Mr. Chair, Commissioner Smith, no, not out -- not outdoors. Supposed to be under direct control. Smith: Okay. Thank you very much. Seal: Quick question. It's a pretty small facility, but I will still ask. Is there -- will there be any boarding going on outside of just specific care? Lardie: Mr. Chair, so as I understand it's only specific care and the only time there will be anybody staying overnight, as far as pets go, it would be under surgery or long -- Meridian Planning&Zoning Commission July 6,2023 Page 21 of 43 maybe short-term recovery time. Seal: Okay. Thank you. Commissioner Grace. Grace: Mr. Chair, could -- I was wondering if -- could you put up the map again? I'm just trying to get a sense of where the -- where the area may be -- maybe the next one. Slide five. Lardie: Wrong one. Does that one -- does that one work for you? Grace: Well, I -- my question is where -- I'm trying to get a sense of where the area in which the animals would be outside is. Is it up against the residential area or is it more on the street or -- Lardie: So, Mr. Chairman, Commissioner Grace, as you can see -- well, I don't know if you can quite see the -- so, the pink -- the pink is the building itself. The residential area is to the north and the fenced areas -- let me roll those down. These are the two areas that the -- that the pets would be outdoors under -- under direct control and there are fenced privacy areas and they are up against the building. So, it's on the north and the west side of the building. Grace: Okay. And follow up. What -- can you remind me the -- the height of the fence is there? Lardie: It's a six foot fence. Grace: Okay. And, then, like you said, the -- there is no plans for them to be there for long periods of time. It's simply during the treatment or, like you said, if they had surgery or something they might have to spend the night for medical reasons or -- Lardie: Mr. Chair, Commissioner Grace, that's correct. Grace: Okay. And what kind of -- other than maybe your household cats and dogs, is it possible other types of animals are going to be there, too? Lardie: So, my understanding is it's all small pets. Grace: Okay. So, no horses. Lardie: I -- I'm -- not I'm not an expert in that field. I'm not sure whether -- what the veterinarian has in mind, but I was informed that it was all small pets. Grace: Okay. Thank you. Seal: Commissioners? All right. What -- make this quick. Is there anybody in Chambers that would like to testify? Yes, sir. All right. If you can go ahead and take Meridian Planning&Zoning Commission July 6,2023 Page 22 of 43 your seat and we will have you come back up in a minute. Sir, come on up. Yorgason: Good evening, Commission. For the record Dave Yorgason. Address 14254 West Battenberg Drive, Boise. I am the owner of the lots to the west and to the south. We support this project. And I will stand for any questions. Seal: Commissioners? Appreciate you coming in and letting us know that. So, that makes our decision a lot easier sometimes to hear people surrounding that are in favor or not. Thank you very much. Yorgason: You are welcome. I was not able to attend the neighborhood meeting, but they -- they have been a good -- good -- I think a good addition to the area. So, we support. Thank you again. Seal: Thank you. Hall: Mr. Chair, we have a Danielle Berry also online. Seal: Oh. Okay. Danielle, go ahead and give us your name and address and the floor is yours. Berry: Yes. So, my name is Danielle Berry. I work for Blue Frog Construction and have been working with Dan closely on this project. My address is 1735 Hall Spencer Road, Edgemoor, South Carolina. Blue Frog is actually located in Suwanee, Georgia, and we have partnered with the veterinarian on this project, you know, to kind of make his dream of owning his own practice come true and I just wanted to be here for support. I could actually not be in Idaho this evening, so I am attending remotely. But we are the ones who are actually going to be doing the architectural plans, the design, and, then, helping the client with the construction piece as well. Likely will contract that out to a local contractor who is there in the area. But I am just here as support to answer any questions anyone might have and just to speak to the fenced yards. I do know really those -- those areas are really just to walk a dog to use the bathroom should they need to collect a urine sample. There are no outdoor cages or runs for them to stay. So, the only reason they would really have an animal overnight in the facility would be for surgery recovery. It could be a late day surgery and they just were not awake enough to go home or they might be there for multi-day treatment that can't be carried out by the owner at their home. So, I'm -- I'm here for questions if anybody has any for me, but just very excited to see this move forward. Seal: Great. Thank you very much. Commissioners, any questions? No? All right. Is there anybody else in Chambers that would like to testify? Sir, go ahead and come on up. Good evening. Just need your name and address for the record, please. J.Smith: Joshua Smith. 2464 North Lochness Way. I'm the veterinarian. So, your concerns about the -- the fenced-in areas -- there will be one dog out there at a time with a technician with a leash around the -- slip lead around their neck. So, I don't want Meridian Planning&Zoning Commission July 6,2023 Page 23 of 43 any incidents happening with multiple dogs. So, one there at a time in and out. It's going to be 95 percent small dogs and cats, you know, with no horses to -- you know, too much traffic around that area. But if someone brings a calf or a goat or sheep or something like that I will see it. But that's not the intention of the facility. It's for small animal use. Yeah. So, that's it. Seal: Okay. Thank you. Anything? No? All right. Thank you, sir. Appreciate it. Anybody else in Chambers want to come up? No? I see one more number online if you want to testify just raise your hand. All right. Nobody else wants to come up. Would the applicant like to add anything? You have ten minutes to do so, so it's your -- your time. Lardie: Mr. Commissioner, no, I just look forward to your approval and I appreciate your time. Seal: Great. Thanks. Lardie: Oh. I guess I will stand for any questions if you guys have any more. Seal: Commissioners, any questions? None at all? Thank you very much. All right. And with that I will take a motion to close the public hearing for File No. H-2023-0026 for Milano Animal Care Facility. Lorcher: So moved. Smith: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0026. All in favor, please, say aye. Opposed nay? Public hearing is closed. MOTION CARRIED: SIX AYES. ONE ABSENT. Seal: Good to see stuff like this come through. It looks pretty straightforward to me. Don't see a lot of these, so good to see something like this come in. It's -- it's in my neck of the woods and we do have a dog, so we might be frequenting, depending on how she behaves. Any comments from our Commissioners or -- and, you know, a motion is always welcome. Smith: Mr. Chair? Seal: Commissioner Smith. Smith: Yeah. No, I -- I think this is a pretty easy project. My only concern was the extent and time of the outdoor, you know, space, but it seems pretty significantly removed from the -- from the residential area, you know, with -- with being one animal at a time for short periods of time. I have no issues. It's -- it's always great to see local Meridian Planning&Zoning Commission July 6,2023 Page 24 of 43 and surrounding neighbors being in support. So, I think this is really easy -- easy approval. Seal: Okay. Wheeler: Mr. Chair? Oh, excuse me. Seal: Go right ahead. Wheeler: Mr. Chair, I will make a motion. Seal: Feel free. Wheeler: Okay. After considering all staff, applicant, and public testimony, I move that we approve File No. H-2023-0026 as presented in the staff report for the hearing date of July 6th, 2023, for -- with no modifications. Seal: Do I have a second? Grace: Second. Seal: It's been moved and seconded to approve File No. H-2023-0026 for Milano Animal Care Facility. All in favor, please, say aye. It looks like motion passes. All right. Thank you, everyone. Appreciate you coming in and people testifying. MOTION CARRIED: SIX AYES. ONE ABSENT. 7. Public Hearing for 2023 UDC Text Amendment (ZOA-2023-0001) by City of Meridian Planning Division, located City Wide A Request: UDC Text Amendment to amend certain regulations in Chapters 2-5 of the Unified Development Code (UDC) Seal: All right. So, next up I would like to open public hearing for File No. ZOA-2023- 0001 for the 2023 UDC text amendment. Bill, we will give you the floor. Parsons: Thank you, Mr. Chair, Members of the Commission. This is the first phase of the UDC changes this year. I want to let the Commission know that we are going to try to be very ambitious this year with our code changes. So, this is the -- the first of -- the first round and we have some -- hopefully some exciting code changes coming your way in the next couple of months or so. Caleb's also spearheading a -- a housing subcommittee as well and he will bring forward some other changes towards the end of the year as well. So, there is a lot going on right now, but the purpose of tonight is to really talk to you about our cleanup items. So, as you are aware every six months or so staff keeps tab of some code changes that -- some nuances that come about, maybe some errors that have occurred, maybe we have met with a developer and they are like, Meridian Planning&Zoning Commission July 6,2023 Page 25 of 43 hey, is there a way we can fix some of these code changes moving forward. We have a spreadsheet. We track that. We make a note of that and, then, of course, I go ahead and get the meeting scheduled. We meet with a focus group that's made up of stakeholders and even citizens. And, again, all of the changes that are before you tonight have been vetted through that group and discussed and we are pretty confident on what we have in front of you tonight. If you had a chance to look at the staff report, you know, we -- the table that I'm showing you tonight really kind of explains the purpose of why we are changing the code and how we are changing it. But a lot of these either come from citizens or from staff or even from Planning and Zoning Commission or even City Council as you guys deliberate on these applications. But for tonight's purposes I will just kind of highlight some of the higher level changes that I think are more significant to what you guys do. And, then, again, some of this is just clean up and working with our Legal Department, just changing some nuances with the code so it does align with state statutes. So, the first item that you see on the table before you tonight was a request that actually came to us last year and, to be honest with, you I -- I -- I missed it. We met with one of the residents and she asked -- she wanted to run a daycare out of her home and when we looked at our code we realized that the R-2 zone did not allow for in-home daycare and -- but all other zones did and we were trying to question ourselves why did that occur and this is one of those changes we are like it makes sense. An R-2 property usually is a bigger lot, there is more outdoor space, probably makes sense to allow that use as well and so when we originally pre-app'd on that potential change with the homeowner, I had assured her that we would get this on the books for a change and so we finally got there. I assured her that we would get it on the books this time and I did. So, I'm -- I'm going back in time, but making it right now. But she was excited to -- to see that this was actually added to the list here and you can see here -- except for the R-40 zone everything else is -- an A just means it's an accessory use permit for an in-home business, so -- and the next one I think the Commission has dealt with on a pretty regular basis. Recently it was building heights. If you recall there is one by the interstate and there is one over at The Village that you guys had acted on and so certainly we want to encourage more height, more intensity in our city as we continue to grow. We want to make sure that we have larger employers here. So, in certain instances it does make sense to have taller buildings and we are going to take this as a step -- a stair step approach. So, right now we realize this could be broader throughout the city, but it may not make sense in every situation and so right now staff is taking a cautious approach and we are saying, okay, let's do this along the freeway, along Ten Mile and those areas for now where you guys continually acted on that. We haven't opened it up to the Eagle Road corridor or any of those things yet, but I think that there is a potential for that in the future. But at least just wanted to share with you -- and you can see here that we said may, so I mean the applicant may request that and -- but, again, this is pretty similar to our sign ordinance. You know, they get -- a lot of business owners get taller and larger signs when you are around the freeway, because that makes sense the visibility. So, again, any -- any questions or comments on that particular change? Seal: I actually had a question on the -- the daycare one, since -- and right along with what you said, they generally are -- in R-2 they are -- they are bigger properties, more Meridian Planning&Zoning Commission July 6,2023 Page 26 of 43 accommodating for things like this. Will they have the same restrictions that a smaller same number of -- of children and things like that? Parsons: Good question, Commissioner, Member of the Commission. That is accurate. So, they will be up to -- be able to watch up to six children on their property. So, it is the same -- none of those regulations are changing at this time. Seal: Okay. Wheeler: Mr. Chair? Seal: Go ahead. Wheeler: Bill, so a question I have is on the other part where it comes down to the maximum building height, yeah, we have come across those issues before. Some of the things, too, are just like when it came to appurtenances are you talking about like -- I remember one of -- one of the applicants had like a shade structure or some sort of like elevated, you know, I would call it like -- that's how I said, like a roof or something like this that was on some sort of pylons or some sort of sticks or something like that. That wouldn't be considered at least the way that you guys understand at this time as part of that height? Parsons: Mr. Chair, Members of the Commission, it could. I mean it depends on the roof design. A lot of times when we look at building height in our code it says look at the average. You go to grade, you go up, if it's a pitch roof you go to average. If it's a parapet you are going to look at the floor plate of the structure, because the parapet extends above actually the roof line. Many people don't know that, but there is actually a roof there and, then, the parapet to screen things. So, my experience with it is we typically would measure from that roof line, not necessarily the parapet. Wheeler: Okay. Parsons: But, again, in -- in a lot of the ones that I have seen I haven't seen anything go beyond this -- this hundred feet. So, that's why I said we are trying to take a small approach to a very easy approach to it right now and, then, see how it works over time and see if we want to go a little broader and -- and allow that in other areas of the city. Grace: Mr. Chairman? Seal: Go ahead. Grace: Bill, on that -- that -- that item -- so, I think what you said is that they can request it, the -- the authority would be there for them to request it. Not necessarily tell them, no, it's not prescriptive, it just leaves it open-ended. Is there any criteria that what would -- would we be given any criteria or some parameters as to when we would accept it or when we would deny it or -- Meridian Planning&Zoning Commission July 6,2023 Page 27 of 43 Parsons: So, Mr. Chair, Members of the Commission, so this if -- for example, if this -- someone came in with a building and there was an allowed use and they wanted a hundred foot tall and they met this parameter of that 750 feet, it would not require any action from you. It would be done at staff level. Grace: Okay. Parsons: Now, the other provision of code up here that we are not changing is if -- if it's not -- doesn't meet that qualification and they want to go higher, then, it's still going to come to you for that conditional use permit. So, again, that's like I said, it's -- it's -- it's taking baby steps at this point. Let's try it out, see how it works. But if it does work the way we think it should work, there may be an opportunity where we -- some of those things may be taken off of your plate and allow that to be an outright staff level approval for those height sections along certain corridors. Grace: Got it. Thanks. Smith: Mr. Chair? Seal: Go ahead. Smith: Two questions. One, I assume it's just a -- a technical correction in the maximum height limit. In the A there is kind of an orphaned clause where it says steeple belfry couplet chimney. Is that supposed to be like a colon or is there supposed to be a such as in front of that? Parsons: Yeah. Mr. Chair, Members of the Commission, only the underlying items -- or strike through items are -- are the code changes. Anything else is just already existing in code. So, I just want to make that clarification. So, none of this is new. It's really -- this F is the new standard. Everything else is already currently in code. Smith: Mr. Chair? Seal: Yep. Go ahead. Smith: And the second question, which is actually more substantive. I -- I don't know if this is the right height -- or this is short enough, but I'm thinking about, you know, cities that have open air kind of requirements of buildings that above a certain height, there is a certain setback requirement, et cetera. And I don't know that a hundred feet is high enough, but, you know, as in -- in kind of a future proofing sense is there any consideration about that for -- especially if we are starting to see maybe more developments in corridors where there is, you know, concerns about, you know, if there are too many developments of -- of a certain height above, you know, next to each other without that kind of relief. Are there any open air concerns or open kind of sky -- skylight concerns? Meridian Planning&Zoning Commission July 6,2023 Page 28 of 43 Parsons: Mr. Chair, Members of the Commission, we didn't talk about that as a group -- the UDC focus group, to be honest with you. To your point some places do look at that. A lot of times our stance is -- is we are going to let the building code or the planning code kind of dictate how that -- that plays out and how that's designed. So, in your -- say, for example, if this were to go into a Ten Mile area, which is, you know, over to 1-84 -- you see it going on now. Those buildings are 78, 80 feet tall and you can see there is pretty broad spacing between that. In speaking with the developer of that site you can see all of that surface parking. Well, they put in the surface parking with hopes that someday when you are doing in-fill they will take that surface parking and turn that into structured and -- and cover -- you know, do podium parking -- a parking structure so you could get more intensification and that's what we will probably see over time in that area. But to your point a lot of times in the building code there is a certain separation for buildings when they are over a certain square footage. I don't know exactly what all those are, but I know there is a certain separation. I have seen that in certain instances -- for example, the Scentsy campus over there off of Pine, you will see some of those large warehouses where there is a 60 foot separation between them. It's not because of a height thing, but it could be potentially. But it's really just the mass of those buildings, too, and what's driving that. So, again, no, a lot of those things weren't discussed, but I think you bring up a valid point, that sometimes when you go taller you may want to step in that building as you go up, so it's not all on the same plane, you step it in and you give some vertical relief to -- to address some of those concerns that you discussed. In my experience in other cities where we had taller buildings adjacent to shorter -- shorter buildings, we actually required a shadow study, Believe it or not, because during different seasons you are going to have a different shadow cast on the lower building, which could impact somebody's quality of life. So, that's something as we progress as a city something that we need to -- to look at and think about for sure. Smith: Thank you. Seal: Any other questions? All right. Parsons: Next couple items I won't get into the details on that. Again more cleanup items based on -- from Legal. One item that I did on this next page here on page -- let's see where we are at. Page three. Wanted to bring up the required parking spaces for multi-family. You probably are aware that we have approved a lot of developments -- multi-family developments over the last couple of years and what we realized recently is that in our specific use standards -- or at least in our parking standards for multi-family we had a different dimensional standard for surface parking than we did for commercial developments and so after us doing a few of these we had just noted that we needed to get it corrected, because we were a little deficient on some of our dimensional standards in our multi-family development. So, essentially, this particular code change is to allow -- align surface parking to match the commercial standards and not the residential standards. So, just wanted to at least just highlight that one for you. So, basically, carport parking for multi-family projects -- and/or parking stalls in general is supposed to be ten by 20. In this particular case we are -- in a commercial setting it's nine by 19. So, we are losing a foot in width and a foot in -- in length to align with the Meridian Planning&Zoning Commission July 6,2023 Page 29 of 43 commercial standards. So, not a real significant change, but just thought -- we just want to make sure that we are doing things consistently, because a lot of those projects are approved with the commercial standards and not necessarily these residential standards. So, we want to make sure that what we are approving does match up with code. I just wanted to bring that to your attention. Arts and entertainment facilities. This is one that we -- we talked about. And, essentially, whenever you have these -- these types of facilities adjacent to roadways or even residential districts there is the potential for tall lighting or nuisance lighting. Our code does address lighting, but there is always -- there always may be a case where lighting can't be achieved, because of the need of that specific tenant or that property owner and so we wanted to make sure that if -- if outdoor lighting is a potential element of the design of the -- the use that we want to make sure that if they can't meet the lighting standards that they would have the ability to at least get that vetted through the public hearing process, so that at least the adjacent residences or property owners would be aware of it and they could provide public comment on that. And I will give you an example is we have an outdoor recreation facility along Interstate and they -- they have some lights that interfere with the traveling public that travels down 1-84 and so as part of this effort we are trying to -- although we can't solve all the -- the complexity behind what that is -- what's -- that's creating, this gave us another avenue for that person or someone in the future to come forward and say, hey, we realize you have a code, it still meets X, Y, Z in the code, we just can't comply with this portion of the code, so we can go through the -- the conditional use process and at least get it vetted and people will understand that, you know, we are still -- we are meeting this section of the code, but not necessarily this section and that was approved through a conditional use permit. So, I don't know how successful it will be. This one has been controversial between city staff and the UDC focus group. It is definitely a touchy subject. Any questions on that particular change? Smith: Mr. Chair, if I can actually backtrack to kind of one of the legal cleanups, just actually -- I think a question probably for Kurt. On the prohibited signs change -- and apologies if I'm getting -- you know, if I'm overanalyzing and -- and getting a little wonky here. But for that change to K, signs for advertising activity that is illegal in Meridian, does that mean -- I'm thinking of the signs that you see when you get closer to Ontario, for example. Does that mean signs advertising activity in Meridian that is illegal in Meridian or activity anywhere that is illegal in Meridian from a sense of, you know, if there is -- is there any concern about kind of liability regarding like the difference between time, place, manner and -- and viewpoint discrimination in terms of say something like cannabis out-of-state advertising? Starman: Mr. Chairman, Commissioner Smith, so this is a topic my colleague Emily Kane worked on and very insightful. That's exactly the issue we looked at in terms of some First Amendment concerns relative to -- you know, you -- you gave a good example of some of the advertising that takes place in the Valley for marijuana operations in Oregon, for example. So, this is -- this language is intended to address things of that nature. So, my colleague, Ms. Kane, who did the research, was confident that this language would withstand legal scrutiny and -- and would be enforceable and Constitutional. But I will say there is -- there is some room for debate there and there is Meridian Planning&Zoning Commission July 6,2023 Page 30 of 43 some case law at the federal level, 9th Circuit in particular, that deals with this, but the City Attorney's Office reviewed it and is confident this language is defendable and would be helpful for our code enforcement staff. Smith: Mr. Chair? Seal: Go ahead. Smith: And is -- is that to -- to be clear, is it with the intention to limit things like that or -- or, you know, things like cannabis advertising? Starman: Advertisement be -- would be an example of something of that nature. So, this is not directed specifically at that industry or that topic, but that would be an example of a product or activity that would be covered. Smith: Thank you. Parsons: Next item on this -- I won't spend a lot of time on it, but recently you acted on Loose Screw Brewery application and I -- we had provided you commentary during our presentation to you that we would be changing the code for our drinking establishments and this -- here we are. We said we would be here on the 6th and we are sharing that with you now. So, as currently that type of use is prohibited within next -- 300 feet of a school and a church and so we are making it -- aligning it with state code that it's still allowed, so the way the code reads is you can license that type of facility when it's within 300 feet, it just needs to be done by City Council and so in this particular case we are -- so, we are clarifying that you could still do that as long as either you or City Council approves that use through that conditional use process, so -- and that basically is what -- I mean it doesn't spell it out, but as set forth in Chapter 5 of this title means it's got to go through due process. Parsons: Yep. You got it. Seal: Okay. Wheeler: Mr. Chair? Seal: Go ahead. Wheeler: So, that's just aligning with state statute. Okay. And I'm assuming drinking establishment is defined somewhere else in the code? Parsons: That is correct. We do have that defined in Chapter 1 of the code. Next item, again, is just rewording or renumbering some of the -- some changes for alternative compliance. Although there looks like there is a lot of changes here, it really is no new language, it's just renumbering the section, so -- the one -- the item on this one was the vertically integrated project. If you recall we changed those standards to the last code Meridian Planning&Zoning Commission July 6,2023 Page 31 of 43 change and we also added a requirement for private open space for vertically integrated projects. What we did is we tried to mirror the language that we had in our multi-family standards and a portion of that code section got added to this section, which doesn't apply. So, essentially, staff is removing that verbiage and, then, aligning it with our alternative compliance section in Chapter 5 of the code. So, this is, again, another cleanup, just kind of missed it on the -- on the first go around, now we are cleaning it up on this round. And, then, a lot of the last part of these changes are -- are -- came to us from Legal to just align things with state statute. So, it's really, again, more making sure our code aligns with how we operate in Idaho. And, then, here is where that vertically integrated, as I just mentioned to you, where it gets added to the -- the table and our alternative compliance section making a note here that it -- which code section it is and how you apply for that. And, again, if you recall our last code change we required applications that came forward with alternative compliance or a DA mod with a conditional use permit. It would go -- move on to City Council. They would become the decision making body. So, these last two sections of this cleanup is just to align the findings with the procedural process in Chapter 5 as you mentioned on the other one. So, it's making it clear that, you know, again, the Council will sometimes be acting on CUPs now, because of the fact that it may be current -- concurrent with other things. So, again, just more administrative items. I had a chance to look at the public record. It looks like we did get some testimony from Melissa Bernard and, again, she -- she was concerned about some of the changes that we had here, but nothing too alarming from staff. I think we are headed down the right path here. As I mentioned to you, this has gone through UDC focus group. We have met a couple times discussing this. Everyone feels comfortable with the changes. We think this will make it easier for us to enforce the code and so I will go ahead and conclude my presentation. Be happy to answer any other additional questions you may have. Wheeler: Mr. Chair? Seal: Go right ahead. Wheeler: Bill, I see there under the findings for the CUPs, Commission, it said that there is a -- let's see. Council needs to be added based on the previous change to the UDC and that it is to be the decision making body when there is a concurrent -- what is -- so, just help us understand those -- those abbreviations. AZ, RZ, PP and PFP. Parsons: Yep. I'm happy, too, Mr. Chair, Members of the Commission. So AZ is the annexation. Wheeler: Okay. Parsons: RZ is rezone. PP is the preliminary plat. And, then, you got combined preliminary/final plat is what the PFP is. So, as you know, you have -- you have -- you have -- most of our applications are concurrent as -- with all -- either annexation or a plat. So, again, as -- as noted we made -- we made that change, should -- it probably should say MDAs as well, but that's not added to this explanation, because we did make Meridian Planning&Zoning Commission July 6,2023 Page 32 of 43 that change recently, but, again, when you go through the conditional use permit section findings it doesn't mention Council anywhere, where it should, because they do act -- they are going to approve this sometimes. So, it's really -- that's why we added Council as applicable, because when you go back to that table it goes decision making body and it says C-C. So, really it's linking that table in Chapter 5, like I did with the vertically integrated with the alternative appliance, but, then, this is linking the findings with the table in Chapter 5 for the decision making body. So, again, just more administrative cleanup. Making sure code's aligning with all -- all different sections that -- different chapters in the code. Seal: This is the -- the stealing our thunder clause. Wheeler: Yes, I'm very jealous. I'm kidding, obviously. Seal: Commissioner Grace. Grace: So -- shoot. Oh. I'm just curious who is on the -- who is on the focus group? Is it just members of the staff or is there any public or -- Parsons: Mr. Chair, Members of the Commission, I don't have all the members -- memorized their names, but there is design professionals, there are some residents that are asked to -- not everyone participates at every meeting, so I don't want to disclose that we invite 20 people and all 20 show up. But we have representation from Meridian Development Corporation, which is the Urban Renewal District. We have code enforcement part of that. We have Legal team of course. We have various city departments. And, then, like I said, design professionals, developers, stakeholders, City Council liaison. I mean there is a broad range of people that are looking at this and participating. Grace: And follow up. I'm guessing that when you change code there is a notice component to it and the public knows about it and gets to weigh in if they want and all those good things; right? Parsons: That is correct, Mr. Chair, Members of the Commission, it's -- it's a little different, you know, when we are changing code it's citywide, it's not parcel specific, so you can't just put a public hearing sign, but the clerk does put it in the paper, they send it out -- put on NextDoor and, then, they also do a -- a broadcast fax -- they are PSAs what we call them, a public service announcement and it goes out to everyone so they can see it. Grace: Thanks. Smith: Mr. Chair? Seal: Commissioner Smith. Meridian Planning&Zoning Commission July 6,2023 Page 33 of 43 Smith: I do apologize, I'm probably going to be a little bit stickler on this admittedly. Pet issue. But on -- Kurt, going back to that prohibited signs. It says in all districts and thinking about the kinds of signs that are -- are targeted here, I assume the primary target is commercial signs and things like billboards, but does this also cover maybe a sign posted on a residence -- on a residential lawn, in a residential window, etcetera? Is that covered in terms of prohibiting the activity and prohibiting that signage as well? Starman: Mr. Chairman, Commissioner Smith, so I will -- let me preface my -- my remarks or my answer by saying that, again, one of my colleagues Ms. Kane did the research on -- on this, so this is not my area of expertise, but I'm going to do my best to answer your question and I think your first comment is accurate. This is -- we primarily see this in the context of commercial signage, although we don't -- you know, we don't discriminate on type -- type of communication or signage, but typically this comes up in a commercial context and becomes an issue for code enforcement staff. So, things like billboards, for example, or other commercial signage on a -- on a building or in a parking lot, things of that nature. It is not primarily geared toward resident -- or, you know, just sort of a more residential context, but I'm not sure that we explicitly prohibit that or exclude that either. So, let's take -- I will take a pause for a second just quickly, to just refresh my own memory by reading through this real quick. So, again, I think with -- again, with that caution that this is not my area of expertise, but as you mentioned this it does pertain to all districts and it does talk about private signs, so I think it would apply to -- to a multitude of uses and districts. So, I think it could apply to residential. Smith: Thank you. I don't know if I have a question, but I guess I would say that does raise some concerns in terms of -- obviously, I think the prohibited signs, things like emitting odor or strobing are -- are more of a nuisance and that is more -- that is the concern that's brought, but I -- I do worry -- you know, especially from the context of -- of a hypothetical bad neighbor or if there is a conflict between neighbors, using code as a weapon, I -- I would hate to see code enforcement and the city put at -- you know, at risk or -- or also just from a -- First Amendment standpoint limiting the rights of an individual to use signage in -- in a way that, you know, is tied -- at least in the current climate tied kind of closely to a political viewpoint considering things like cannabis or et cetera. I -- I think I just have some concerns there, especially from the residential aspects. I don't know if you -- again understanding that, you know, I -- I do tend to trust lawyers with the last name Kane, you know, and I have worked with Emily Kane on the transportation ordinance issues and she's a great lawyer. I just -- I have some personal concerns there and I don't know if you want to speak to them or if those just -- that just lies, but -- yeah. Just there. Starman: Mr. Chairman, Commissioner Smith, I can offer a couple of thoughts. So -- well, first -- my first thought is I would echo your opinion about Ms. Kane. She's an outstanding attorney and a really valued colleague. So, I would agree. I know she looked at this in some detail -- my -- would be thought number one. Thought number two is your concern relative to neighbor to neighbor disputes and people using city code as a tool against a neighbor. That's certainly a valid concern and it's something we, at the city, deal with on a regular basis and we -- fortunately, we have an excellent code Meridian Planning&Zoning Commission July 6,2023 Page 34 of 43 enforcement staff that are very expert at what they do and they are mindful of those types of tactics and I think use good judgment in those situations. But your concern is well placed. People, when they get into spats with neighbors, they look for ways to -- you know, to -- to advance that argument or to maybe get retribution and so sometimes they will look at things like city -- the city municipal code as an opportunity to do that. So, I understand your concern there. With respect to the Constitutional concerns, yeah -- yeah -- well, the city is quiet -- and city attorney's office in particular are quite mindful of the constitutional limitations of what a government entity can and cannot regulate. And how ordinance has to be crafted to protect those Constitutional rights. So, I'm -- I'm confident that Ms. Kane has looked at that information in -- all those issues in detail and has put together a thoughtful proposal. So, I'm not overly concerned about that, but I certainly understand your concern relative to, you know, the -- the rulings in this area over time from the Supreme Court of the United States and other appellate courts. There's a -- it's a tangled web of decisions that is sometimes difficult to decipher and sometimes appears to conflict with one another. So, it is a bit of a maze, but I know the City Attorney's office and Ms. Kane in particular is quite mindful of those and putting aside the -- the changes we are talking about this evening, I'm not aware that the city's ever been challenged. We have had a sign ordinance in place for many years. I'm not aware of any successful challenge regarding constitutionality up to this point in time. So, that doesn't mean it can't happen tomorrow, but I think the ordinance has served us well up to this point in time and I think the proposed changes have been well vetted amongst the legal staff. So, I understand your -- your comments and the thing I will mention and I will be quiet for a bit, is, you know, we have a couple more steps in this process. One is the Commission will consider the proposed changes tonight and have your thoughts and questions and ultimately a recommendation to the City Council. Step two will be the City Council will have this same type of discussion in a few weeks and so in the interim I can relay your questions and concerns to Ms. Kane and have her triple and quadruple check and, then, lastly, be -- even after the Council has that discussion there will be a third step which is the actual preparation of the ordinance for consideration and adoption, which will be happening even at another City Council meeting. So, we still have a few steps left in the process where we can triple and quadruple check some of those issues. Smith: Thank you. Lorcher: Mr. Chair? Seal: Commissioner Lorcher. Lorcher: I can't speak to all HOAs, but I know with our HOA in regard to signage on personal property it's very specific of what uses that you can have. So, for example, in our subdivision they do allow -- allow political signs. They do allow like happy birthday signs and graduate signs. They do not allow a for rent sign. They will allow a for sale sign. They -- but any other uses to advertise commercially or do anything privately is prohibited and I would think our subdivision is pretty typical across the city, understanding that a good portion of our city is not in a subdivision, but there just needs Meridian Planning&Zoning Commission July 6,2023 Page 35 of 43 to be some common sense here, too, so, hopefully, with the code enforcement and how HOAs are kind of regulating should take care of the majority of -- of any signs that are inappropriate. Grace: Mr. Chair? Seal: Yes, sir. Grace: Yeah. I think -- I think statutorily they have captured the political signs with HOAs, so the state legislature has dealt with that. The only thing I would just mention -- I think Kurt mentioned it, but it's worth repeating. This is -- this mostly appears like it's been in the code. The only thing that's changing are those underlying provisions, so the -- like to Kurt's point, if it hasn't been a problem this far, it doesn't mean it can't be tomorrow, but the only one that struck me, though, based on your line of -- of thinking was that was M, any roof signs. Just -- it's pretty broad. But 1, too, think very highly of Emily, so if she's done the -- the research on it, then, I have no reason to question her. Seal: Anything else? Do we have anybody signed up to testify? Sorry. I was just going to move on here and I'm like, well, wait a minute, that's not how this works, is it? Hall: Mr. Chair, we do not. There is no one signed up, nor do they have hands raised. Seal: Okay. We don't have anybody online and we only have city staff in the audience, so unless you have anything else to add, with that I will take a motion to close the public hearing for File No. ZOA-2023-0001. Wheeler: So moved. Rivera: Second. Seal: It's been moved and seconded to close the public hearing for File No. ZOA-2023- 0001 for the 2023 UDC text amendment. All in favor, please, say aye. Opposed nay? The public hearing is closed. MOTION CARRIED: SIX AYES. ONE ABSENT. Wheeler: Mr. Chair? Seal: Yes, Commissioner Wheeler. Wheeler: As I'm looking at this there are literally signs that emit odor? There are signs that emit odor? I have never -- I mean like -- I mean like Smashburger does, their signs emit odor of like good tasty meat to eat, but I'm like -- I just saw that there and I was like -- it just caught my eye, like I couldn't imagine a sign that's emitting an unpleasant odor. It's just interesting. Meridian Planning&Zoning Commission July 6,2023 Page 36 of 43 Seal: Well, they are not there, because it's in our code. Wheeler: Well done. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go ahead. Lorcher: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council for File No. ZOA-2023-0001 as presented in the staff report for the hearing date of July 6th, 2023, with no modifications. Wheeler: Second. Seal: It's been moved and seconded to approve File No. -- recommend approval for that File No. ZOA-2023-0001 for the 2023 UDC text amendment. All in favor, please, say aye. Opposed nay? Smith: Nay. Seal: Okay. Motion passes. MOTION CARRIED: FIVE AYES. ONE NAY. ONE ABSENT. 8. Public Hearing for 2023 Comprehensive Plan Policy Update CPAT (H- 2023-0029) by City of Meridian Planning Division, located City Wide A. Request: Comprehensive Plan Amendment to update text, priorities and lead/support departments for certain policies text in the Plan. Seal: All right. We will move on to open File No. H-2023-0029 for the 2023 Comprehensive Plan policy update. McClure: Good evening. We are here to talk with you about some policy updates, which is a Comprehensive Plan text amendment. Within the Comprehensive Plan the policies together are referred to as the implementation section. These include goals, objectives, action items and each with Council priorities that ideally get tied into shorter strategic plan, budgeting, and other decision making processes. Briefly this is an overview of the presentation. We will cover some background, the review of the process for the Comprehensive Plan policies, our recommendation and the next steps. The city adopted the Comprehensive Plan in 2019 and which includes all of the goals, objectives, and action items or as previously noted the policies. Adoption, however, did not include the priorities for -- for these policies. In September of 2020 a new City Council adopted an update to the plan, which included those priorities and it also included whether departments or leader support and who was responsible. As a refresh, this Commission is charged under Idaho Statute Title 67, Chapter 5, with Meridian Planning&Zoning Commission July 6,2023 Page 37 of 43 owning this plan. Tonight's update is -- tonight's update is more of an operational allocation of resources, but I hope you are all interested and I will touch more on that a bit at the end. Since it's been several years since we assigned priorities to the -- to the policies, it seemed appropriate to update Council on those. The review process started by talking with the directors, having the departments review, provide updates and, then, provide an opportunity to ask Council for input and any direction they would like to have. On May 2nd we presented the review in a work status to Council. Most of the discussion revolved around policies related to growth priority areas. Council provided direction on these and support to move forward with other staff recommended changes. The Council workshop -- the Planning and Zoning workshop discussion -- sorry. The Council workshop discussion was helpful, but all those changes to policy that staff discussed with them do require a text amendment, which is why we are here before you tonight. Public hearing process. There are 50 some policy changes, two with text. Minor modifications. Grammar. Sixteen with priority modifications. Fifteen with the lead modifications and 37 with support modifications. Note that some of those do have changes in multiple categories. I'm not going to go through all these with you. Hopefully those were easy to understand in the staff report. But we are happy to discuss any that caught your eye in your review. Seal: Commission Smith, go ahead. Smith: Yeah. So, thank you for that presentation. The two that I'm just curious about are -- or I guess it is 3.03.02E and 4.05.03D. Seems like most of the other -- the things that have changed from higher -- very high have tended to be changed to ongoing. Just curious why these two specifically regarding investment in strategic growth areas and discourage development outside of established growth areas, as well as considering public funding to preserve open space as part of a permanent land trust, why those specifically are -- are lower priority, if there is specific reason or context behind that. I'm just curious. Curiosity. Hood: Commissioners -- yeah. That -- that's maybe better -- we actually have the slide, because that -- those are kind of the meat, if you will, of some of the conversation that we had with Council in May about these. Something that Council has discussed sort of off and on since 2020 when we had three new Council Members elected -- is quote, unquote -- I'm using air quotes, because it really isn't anywhere in our code as priority growth areas and some of those concepts of directing growth in some of those areas. So, what you see is really some of that direction and discussion we had with Council, again, in May. Some of -- and I will paraphrase some of that conversation from May, but some of them -- the direction we got was it's sort of taking care of itself to some degree. It's maybe not the issue that it was even a couple of years ago when there was the -- the leapfrogging and the pushing out further and further of city limits and they -- they didn't vote, but the general consensus just -- for lack of a motion or any other action, was that the map that they did put together a year and a half ago maybe that did have some growth boundaries that were largely based on sewer sheds and fire response times was adequate enough. Thus we changed some of those priorities and, again, they think they have -- they have basically guided and directed that growth Meridian Planning&Zoning Commission July 6,2023 Page 38 of 43 without explicitly having to come up with and define where and where not the city shall grow. I don't know if that fully answered your question, but that's essentially what we heard in May. Smith: Mr. Chair? Seal: Go ahead. Smith: Yeah. Thanks. That answers my question for that. As for the public support for a permanent land trust, is that -- was that part of it kind of a similar discussion or was that just like the support was found to not necessarily be there, so it's kind of on the back burner or just some -- Hood: Yeah. Mr. Chair, Commissioner, so that -- that one is another one that has a little bit of a back story to the -- the previous community development director was kind of leading the charge on that, sort of as a -- a pet project under previous administration and he is gone and -- and the last mayor and even just through some of the city surveying that didn't rise as a top priority to our community and so that has really been back burnered at this point. Smith: Thank you. That makes sense. Seal: Commissioners, any other questions, comments, concerns? And we have nobody left in the audience. Hall: There is no one online, Mr. Chair. Seal: Okay. Is there anything specifically that was more troublesome than others as far as reprioritization? I mean had more input, more robust conversations that -- that were part of it? Mr. McClure: Mr. Chair, no, the -- the process really was -- planning -- I don't view myself as a gatekeeper, so we just sort of said, departments, what do you want to talk to Council about, what -- what -- what are your updates on these high, very high and high priorities and we will take them to Council for you. Herding cats was at times problematic, but changes to the policies themselves seem to be a non-issue, minus the few that we wanted to talk to Council about. Seal: Okay. McClure: Now that said, you know, we will have a slide here in a minute, but we are going to be working potentially next year on some changes to the -- the text themselves. Are these policies still right? Do we need to add or remove, make -- make other changes. So, not just the priorities of these policies, but the policies themselves may -- may be a little bit more interesting. Meridian Planning&Zoning Commission July 6,2023 Page 39 of 43 Seal: Interesting. Hood: Mr. Chair, I will, maybe, if -- if you don't mind, just another little peek behind the curtain to some degree. The other thing through this process that I think was interesting for a lot of the staff members that we were trying to get to review and respond on those high and very high, is -- is the city also has a strategic plan and there is a lot of overlap and there is some confusion even with the operational. Brian kind of mentioned that at the beginning, I mean this is very operational and in-house about what department is supposed to be doing what. The strategic plan is -- is very much the same and, again, there is some overlap and there is some confusion, too, with the plan as in both names. So, like, well, didn't we already do this through the Mayor's office and it's like, no, that's a citywide strategic plan versus a citywide Comprehensive Plan, which when you think about it makes some sense that there is some overlap, but I think even going into next year and, then, once we are through with this five year strategic plan at the city -- I have talked to Vincent Koontz up in the Mayor's office, we will do a better job of coordinating those plans. So, the ongoing ones that really are operational maybe aren't so much in the Comprehensive Plan and we are very more tactic driven and the Comprehensive Plan isn't so grandiose and visionary, still pretty specific about what we are trying to accomplish, but maybe we back off some of those things that are more day-to-day and really differentiate what is strategic and operational and kind of making those lines a little bit clearer. Again, this is -- this is -- the Comprehensive Plan is -- is focused on many readers; right? The public, development, staff, commissions, where the strategic plan is -- is more inwardly focused -- for the community benefit still, but most community doesn't even know we have a strategic plan. So, anyway, I just thought that was interesting as we were talking with the fire departments and some of these others are like, well, we just -- we just told the Mayor's office what we are doing with that and it's like, well, this is for a different project for a different purpose, but related. So, anyways, I will stop. Seal: So, did you say that the priorities -- even though they may be adjusted, the adjustment is more to help the different departments within the city to help them know where the prioritization needs to be within their active duty set, not necessarily a reflection of the -- kind of the overall arching Comprehensive Plan as it relates to the public? Hood: Yeah. It's a good -- it's a good question and I don't -- I -- I don't think I'm under any pretense that this is driving their work plans necessarily, but it is a checkpoint and, again, this document as -- as you will recall, Chairman, you know was vetted through our community. So, it should reflect those stakeholders that are our residents, that our business community and what they said is important to them for us to do as the city. So, there is a lot of overlap and should all be intertwined and ingrained in -- in people's day-to-day activities and, again, more of a check in. Hey, we said this was hot -- the community said this should be a high priority three years ago. How are we doing on that? Okay. We are going to make that lower again for ones that I just mentioned, like looking at -- like a foothills type of levy to preserve ag land. That was -- that was a big topic three, four years ago when we went out to the public. Again now that opportunity Meridian Planning&Zoning Commission July 6,2023 Page 40 of 43 and how we do that gets more convoluted and -- and it's just -- and we didn't just make it a lower priority, because it's hard, but there really just didn't seem to be any real momentum to do that currently in -- in the community. So, again, it's a -- it's an opportunity to check in -- in theory some of this does drive, again, work plans, but there is other factors, too. Seal: Okay. Thank you. Grace: Mr. Chair. Some -- sometimes I ask questions just for my own education, but I'm guessing that there is a requirement somewhere that you have to run these UDC and these comp plan revisions through the -- through the P&Z. I'm just wondering what that is. Why are we hearing it? Why do we have to approve? McClure: Mr. Chair, Commissioner Grace, so the Comprehensive Plan has to be adopted by -- as part of a public hearing process and your -- your -- your -- your Commission is a recommending body to Council for any of those types of applications. So, we -- we do have to present those to you. I would say, well, this one -- I have -- I have said it several times is more an operational thing. The -- the Comprehensive Plan is your document, though. State code makes that pretty clear over and over again, so -- -- you know. And I have got a couple of bullets down here, but, you know, maybe not so much tonight, because this is more of an operational -- just priority things. But if you have any general comments, if you have any questions, other areas of improvement, those are all things that, you know, we would like to talk to you more. I -- I don't hear that often. I'm also not before you all that often. But you are always welcome to share those things with -- with Bill Parsons' team or request that we have a conversation with you as well. Hood: Mr. Chair, can I follow up and -- and just provide -- a similar answer to what Brian said, but maybe phrase it a little bit different way. There are two changes tonight that would require the Planning and Zoning Commission to recommend something to the City Council anyways, because those are substantive, if you will, text changes. We have chosen to adopt in our Comprehensive Plan the lead agencies and the priorities. So, by making that choice -- state code doesn't require us to do that, but for transparency purposes we did that. We told the public here is what we said -- you know, here is what you said was important for us to do and who is going to be doing it. So, there is some accountability factor. A lot of comprehensive plans don't have that. It's more ambiguous and we can point fingers -- well, I thought fire was doing it. No, thought planning was doing it. So, if we didn't have that we could just make these changes and -- and work it out between fire and planning about who is doing what. But because we have adopted that as part of our plan, we can't just go and change it, we have to vet that, then, back through that same process that we adopt it and thus you are involved in that, as Brian stated in the Local Land Use Planning Act. So, you have a lot of authority and we rely heavily on you. Now, we do a lot of the work, but we are there to feed us any changes and comments and -- and coordination. So, to your question I think, really, on this one you really don't have a huge role, although we do want you to be comfortable with it and vet it through you. We could have done this administratively Meridian Planning&Zoning Commission July 6,2023 Page 41 of 43 if we wouldn't have included some of these things in 2020 in the actual text of the plan. Grace: No, I like the -- I like the fact that you get that additional accountability piece to it. That's great. And, no, thank you. I'm glad I asked. I learned something, so -- Smith: Mr. Chair? Seal: Commissioner Smith. Smith: Yes. For staff just looking over these -- so, I guess betrays my need to read through the comp plan some more. Are there any lines in looking at the -- you know, Attachment Two. I don't see any here. But if there is additional -- are there any policies or any -- any additions in the comp plan focused on for specifically pedestrian safety, walkability, you know, relative to arterials and collector streets, as well as like ADA, in ensuring, you know, the area is maneuverable for those with physical disabilities or limitations? McClure: If you will bear with me for one second I will show you the website. Hood: I will -- I will do a little filler as Brian is pulling up the website, which has all -- I think there is 522 policies. So, the quick answer is, yes, there are policies that address pathways, connectivity, pedestrian safety, ADA, those types of things. We will give you an example and it's sorted and I have already maybe bought enough time for Brian, but I believe it's Chapter 3 in -- in the Comprehensive Plan. There are -- it's cool -- and, Brian, if you don't mind sharing your screen now, this is, again, kind of a good tutorial. But you can sort -- and there is a pretty good search toolbox in -- in -- on the Comprehensive Plan. So, if you go to the city's website, again, and look at Comp Plan -- yep. There you go. You can filter and sort and search by different words. So, I will stop and let Brian take it from here. McClure: So, if you go to meridiancity.org/compplan and, then, click on implementation and -- and so our entire Comprehensive Plan is word for word in a -- in a -- in our website. You don't have to download a PDF. The table itself is also searchable. So, you -- whatever hot buzzword you are looking for -- use transportation, for example, and anything with transportation either in policy section, priority, whatever, will show up. Not priority. I don't believe we have anything specifically saying at ADA. I believe we do have a lot of -- that not going to -- transportation, pedestrian, safety elements. Yeah. ADA is not in there. But if you look at pedestrian, connectivity, safety, those things are sprinkled throughout, particularly in the transportation section. Off the top of my head -- I couldn't tell you which ones are -- are relevant. I do also have a spreadsheet. Happy to send it to anyone. It's even easier to use, because you can modify as appropriate. I sort of dodged that, but I also sort of hope I answered the question. Smith: Thank you. That's helpful. Seal: Any other questions? Comments? All right. Thank you very much. Appreciate Meridian Planning&Zoning Commission July 6,2023 Page 42 of 43 the information and running this through the Planning and Zoning. It -- it's helpful to have some of this information in front of us for certain and some of the prioritization that comes from it, because I do remember everybody -- for a while everybody wanted to buy a bunch of dairy farms and make them into kind of museums, you know, kind of thing and that just seemed to be this big talk around a lot of city government projects, so -- and I haven't heard anything about it for quite a while. So, I mean the reality is that, you know, a lot of mom and pops want to sell their land and take their money and do something else -- or -- or the kids or whatever that -- that looks like, so, you know, as the city kind of changes, its -- its personality a little bit, it's just become less of a priority. So, that's one of the things, obviously, that's reflected in there, so other things begin to take shape as far as the priority of what we want the city to look like in the future. Like pathways. Sorry. I had to throw that in there, so -- you can do that when you are in the catbird seat. So, appreciate that. With that, if we have no more questions, comments -- there is nobody in the public to comment. I will take a motion to close the public hearing for File No. H-2023-0029. Wheeler: So moved. Rivera: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0029 for the 2023 Comprehensive Plan Policy update. All in favor, please, say aye. Opposed nay? MOTION CARRIED: SIX AYES. ONE ABSENT. Wheeler: Mr. Chair? Seal: Commissioner Wheeler, go ahead. Wheeler: I move we adjourn. Seal: Oh, we have to -- no, not -- Wheeler: Not a thing? Am I wrong. Seal: We just -- we just closed the public hearing, so -- Wheeler: Oh. Seal: That's all -- that's all we have done so far. Lorcher: Make a motion. Seal: You can make a motion -- Meridian Planning&Zoning Commission July 6,2023 Page 43 of 43 Wheeler: Oh. Seal: -- to approve or deny. Wheeler: I'm sorry, I was already thinking that it got -- Seal: You were home already. I know. Wheeler: You know, I was one step ahead then. I apologize. So, I will -- I will refrain and let discussion happen if need be. Sorry about that. Rivera: Oh, I will make the motion. Seal: Go -- go right ahead. Please do. And unless there is any other discussion points, which are called for, please, go right ahead and -- Rivera: See if I can help my neighbor here. All right. After considering all staff, applicant and public testimony, I move to recommend approval of File No. H-2023-0029 as presented in the staff report for the hearing date of July 6, 2020, with -- with no modifications. Lorcher: Second. Seal: It's been moved and seconded to approve File No. H-2023-0029. All in favor, please, say aye. Opposed nay? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Wheeler: Is this where I do it now? Am I -- Mr. Chair, I make a motion we adjourn. Smith: Second. Seal: It's been moved and seconded we adjourn. All in favor say aye. Opposed nay? We are adjourned. Thanks, everyone. MOTION CARRIED: SIX AYES. ONE ABSENT. MEETING ADJOURNED AT 8:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 7 I20 1 2023 ANDREW SEAL - CHAIR MAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK