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2008 08-21Meridian Plannin and Zonin Commission Au ust 21 2008 Meeting of the Meridian Planning and Zoning Commission of August 21, 2008, was called to order at 7:00 p.m. by Chairman David Moe. Members Present: Chairman David Moe, Commissioner Joe Marshall, Commissioner Michael Rohm, Commissioner Tom O'Brien and Commissioner Wendy Newton-Huckabay. Others Present: Ted Baird, Machelle Hill, Caleb Hood, Bill Parsons, Scott Steckline, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton_Huckabay X Tom O'Brien X Michael Rohm X Joe Marshall X David Mae -Chairman Moe: Good evening, ladies and gentlemen. Welcome to the regularly scheduled meeting of the Planning and Zoning Commission for August the 21st and I would like to open the hearing --open this meeting and ask the Clerk to call roll, please. Item 2: Adoption of the Agenda: Moe: Okay. Thank you very much. Before I do the adoption of the agenda, would like to just say, Commissioners, it's very good to see your smiling faces three weeks in a row. You're looking great. Appreciate you all being here. As well as staff as well. That is correct. Having said that, then, I would like to go ahead and the next thing on the agenda is the adoption of the agenda. On the agenda there is a change. On Item No. 7, which is PP 08-008 far Trade Plaza that, when it comes up, will be continued to our regularly scheduled meeting of the 18th of September. Other than that, the rest of the agenda will stay the same. So, if I could get a motion to approve the revised agenda. O'Brien: So moved. Marshall: Second. Moe: It's been moved and seconded to approve the agenda as revised. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: Meridian Planning & Zoning August 21, 2008 Page 2 of 32 A. Approve Minutes of August 7, 2008 Planning and Zoning Commission Meeting: B. Approve Minutes of August 14, 2008 Special Meeting of the Planning and Zoning Commission: Moe: Next item on the agenda is the Consent Agenda. Any comments or changes to make on either item A or B from the Commission? Newton-Huckabay: I have none. Moe: Okay. At that point could I get a motion to accept the Consent Agenda? Marshall: So moved. O'Brien: Second. Moe: It's been moved and seconded to approve the Consent Agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Next item on the agenda is the public hearings and before I get started on the public hearings -- don't have a real big crowd tonight, so I'm going to be fairly quick, just kind of give you a brief idea of the format of this evening. I will open a public hearing, at which time the staff will give a brief overview of the project and after they are done I will, then, request that the applicant come forward. At that time the applicant will have 15 minutes or so to give their presentation. After which they are done, then, the -- there are sign-up sheets in the back there to sign up if anyone in the public wants to speak and anyone that wants to come up will have three minutes to ask any questions of which the applicant would, then, answer later or just make comments. Once all the names are read off, I will ask one mare time if there is anyone else that would like to speak in the audience. If not, then, I will, then, ask the applicant to came back up and basically give them time to answer any questions that came through from the public comments and whatnot. After which time, then, the Commission will deliberate and make decisions. Item 4: Continued Public Hearing from July 17, 2008: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R- 4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC -east of N. McDermott Road, west of N. Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of W. McMillan Road and N. McDermott; and near the southwest corner of W. McMillan Road and N. Black Cat Road: Meridian Planning & Zoning August 21, 2008 Page 3 of 32 Item 5: Continued Public Hearing from July 17, 2008: PP 08-003 Request for Preliminary Plat approval of 139 lots including: 118 residential lots and 21 common lots on 30.72 acres in the proposed R-8 zoning district for Oakcreek by Norpac, LLC -east of N. McDermott Road, west of N. Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of W. McMillan Road and N. McDermott; and near the southwest corner of W. McMillan Road and N. Black Cat Road: Moe: So, having said that, then, I would like to go ahead and open the continued public hearing on AZ 08004 and PZ 08-003 for Oakcreek and ask for the report from the staff, please. Parsons: Thank you, Mr. Chairman, Members of the Commission. This is the Oaks project slash Oakcreek. This is the Oakcreek project or the Oaks project. If you look up at the zoning map here, the project is generally located south of Chinden, north of McMillan Road, east of North McDermott Road, and west of the Black Cat Road. There is also two parcels located at the southwest corner of McMillan and north McDermott and there is also 30 acres proposed with the plat located at Black Cat and McMillan Road. I think this aerial here tells the story the best. If you look here, this is where the project is contiguous with the City of Meridian at this point and this is what they are proposing to plat at this time. As you can see by this aerial, predominately in this area is all agricultural right now. The applicant is requesting to annex approximately 318 acres. Again, the plat is associated with a 30 acre parcel here in the southeast corner. The applicant is proposing three zoning districts with this annexation. A portion of it will be R-8, R-15, and R-4. Here is the concept plan or a bubble plan that they have proposed. Again, here is where you can kind of see their mix of residential uses that they are proposing here is more of your traditional neighborhood districts here. And that's roughly 70 acres. And, then, here is their medium density residential that wraps around here. And, of course, the portion that they are proposing to plat, that's approximately 192 acres. And, then, they are also proposing some medium high density residential with the R-15 zoning district and that's approximately 56 acres. As you are aware of, this project has been continued from the June 5th hearing. The reason why is, basically, staff really wanted more information on the project to get a better understanding of how this project would develop. The applicant made a huge effort to come in and meet with staff and address some of our concerns in relation to a more solid concept plan, a better layout of the street sections, and also some lot layouts. And that's what they have kind of morphed to since the last time that we continued the project. Here you can kind of see -- here, again, this is the 30 acre plat. I will go into more detail as we get farther on, but right now I just really want to focus on the annexation. Again, this is phase one, phase two, and, then, additional phases that move throughout here. The primary reason why they are plating this Meridian Planning & Zoning August 21, 2008 Page 4 of 32 portion is because this section -- if I can hold this steady. This line here is basically going to be serviced with the Black Cat sewer shed and anything past this point to the west is supposed to part of the Can-Ada lift station. And as you're all aware of, some of those things are developer driven and at this time that station is proposed as a developer driven pump station. So, what the applicant has done and coordinated with Public Works is to be able to provide services to this portion of the project, they are in agreement to construct an interim lift station to provide that to pump back into that Black Cat trunk line and eventually go to the water treatment plant. Again, the applicant has provided more detail with this plat layout with the collector street system, the stub street system. You can see they have done a really nice job of highlighting their collective type roads here. And, then, their local street to come on and access that. A lot of these conditions or a lot of these things that you see in this concept plan are provisions in the DA. For example, we have proposed to have two access points here. Limit these access points that they are proposing with this plat onto North Black Cat and McMillan. And, then, of course, one access paint from here. The other thing I'd like to point out is you can see here the applicant has not proposed any access points onto McDermott Road at this time. I think everyone is aware that there is a Highway 60 alignment study going on in this area and, of course, in our Comprehensive Plan it tells us to limit access onto that until that alignment study is complete. So, the applicant has proposed to not plat anything within 700 feet of McDermott Road. Looking through the Comp Plan staff didn't have any -- didn't find any information that gave us specific distance from that roadway, but we are in agreement with the applicant, we think 700 feet would be sufficient at this time. Then, the other thing -- the other issue staff had was with the R-15 zone. Typically -- or in our current code we require CUP approval for multi-family, but since this is such a big annexation request and the fact that they're requesting 56 acres of R-15 zoning, we wanted the applicant to come up with some more definite plans for how they propose their multi-family development. So, this is what they have kind of proposed. If I could bounce back to this next slide here, this is kind of that -- we call this the Star Wars, the Death Star subdivision portion, but if you come down here you can kind of see how they propose to do some of their multi-family -- they call this their mansion style homes and I will get into those elevations a little bit later and, then, this is that southwest corner of McMillan and McDermott that they are proposing the additional R-15 and I believe that's some of the tuck under projects, but I will let the applicant explain that a little bit further. And also on the -- if you look in this portion here, the applicant is trying to work with the Ada County Recreation District to have some kind of community facility there, a swimming pool to use in the future. So, they are willing to donate that land to that facility or I believe that's what they are praposing to do to have them move forward and construct on that site in the future. Now, onto the elevations. Again, here is some of the product. Here is some of the -- I believe it's some of their multi-family product here. Their single family. Some attached units here as well. And this is that mansion style that I was talking about. I believe these are four-plexes. I could be wrong. Alley loaded. Garages in the rear. And these are -- at this time these elevations are Meridian Planning & Zoning August 21, 2008 Page 5 of 32 only proposed with the annexation. So, we will be tying these elevations to this annexation, if it -- if it is approved tonight or moved on -- if a DA -- when the DA is recorded for the site. Again, here is same of their patio homes that they were proposing. One thing I would like to mention is the density that the applicant is proposing for the site is consistent with the medium density residential district in the Comp Plan and so I wanted to put that out there, too. But the one thing I would caution the Commission an is that area is primarily rural in nature right now, so if it is approved, I mean it does significantly impact that area as far as density and what is there now and what would be there in the future. Now, moving onto the plat. This is a 30 acre plat. I don't really have much to add on this. The applicant's proposing 11$ residential lots, R-8 lots. They are in conformance with the dimensional standards as far as frontage, the size requirements. The applicant complied with our ten percent requirement for open space with properties that are five acres ar greater. Staff has evaluated the access again. One access onto McMillan. This other access is to Black Cat here. The applicant's provided stub streets to this parcel and also to this out parcel for when they want to come in or when they propose annexation into the city. So, that makes sense. The other issue I would like to point out is that Settlers Canal that runs through the property, it's my understanding the applicant met with Settlers and in order the that it required a 72 inch pipe and so they were asking -- our code requires Council to make that determination whether or not that's sufficient, but I thought I would bring it up in the staff report that, you know, typically -- that's a large amount -- that's a large pipe to the require the applicant to have to the that, so they have asked us to have that remain open, leave that 50 foot easement there, so Settlers can get in and out and do their maintenance along there. Again, the landscaping here, as you're aware, our code requires 25 feet along McMillan and North Black Cat, the applicant is providing 37 feet along McMillan and 35 feet along Black Cat, so they are giving you substantially more than what the codes requires. Here they are proposing a central park at one point -- I believe it's 1.3 acres, with a tot lot and a picnic area there, and a meandering walking path for connectivity throughout the subdivision. Staff analyzed the landscaping for the site and believes it conforms to the code requirements. One thing when staff was processing the application, they also requested the applicant submit some additional elevations for what types of homes will constructed in just the Oakcreek Subdivision itself and the applicant made every effort to give us four sided elevations for what they are proposing in that subdivision. So, here is their one story product that they are proposing. Yau can see there is stone accents, front parches, architectural shingles, and a mix of woad products from lap to board and batten. You can see there is these typical houses. They actually have more glazing on it than what you typically see in some of the other subdivisions, so I appreciate that. You can see here is their two story product. Again, front loaded garage, front porch, a mix of stone accents. This particular elevation has brick. Again, here is the side elevations and the rear elevations. And this is the third product that they propose. Again, these elevations will be tied to the development agreement. Staff feels that they are constructed of high quality and are very supportive of what they are Meridian Planning & Zoning August 21, 2008 Page 6 of 32 proposing with the subdivision. And with -- one thing I would like to point out is staff had originally recommended denial for this project, but since the applicant had came in and made every effort to try to work with staff, we believe they have addressed staffs concerns in a manner that we could change our approval and recommend -- go from a denial to a recommendation of approval. So, with that will be happy to answer any questions the Commission may have. Moe: Okay. Bill, I do have a couple of questions. I want to go back to the 700 foot. I do remember that when we were discussing McDermott Road atone paint that the city -- we were looking at a half mile on each side of McDermott to be left open and at least until the study and whatnot was done to decide just exactly how the new route was going to go through there and now we are at 700 feet and the city's agreed to that. I'm kind of wondering how did we get from the half mile to 700 feet and is that, in fact, where it is is at 700 feet? Parsons: Mr. Chairman, Members of the Commission, truthfully, I don't know what happened in that process. I think the applicant's been in contact with ITD more than staff has, to tell you the truth, because they saw our concerns and they took action on that. I would -- I would like to ask the applicant to really answer that question for you and provide more insight into that as far as the study goes. Moe: That's good. Okay. Then, the other question would be for the Public Works. Scott, with this interim lift station, depending upon, you know, if the Can- Ada lift station doesn't happen for awhile and we are dealing with this whole development coming on board and, then, we are using an interim station, what's that going to do to the treatment plant? Is there going to need to be any upgrades to the treatment plant, basically bringing that online, and who will bear the cost of those upgrades? Steckline: That's a good question. Mr. Chair, Commissioners, we have taken that account into effect. We are actually currently, within the next six months, finishing up some upgrades at the wastewater treatment plant. With the proposed interim lift station that the applicant will be building and, then, turning over to the City of Meridian, we have taken into those considerations also and made some provisions in the staff report for potentially expanding further areas to have sewer capability out there also. Moe: Okay. Thank you. Any other questions of staff? Mr. O'Brien? O'Brien: Yes, Mr. Chairman. Scott, how close -- how close do these temporary lift stations resemble a permanent one? I mean I don't know what the failure rate might be on something that's temporary, because that's kind of what scares me a little bit when something is temporary, it's meant to be temporary. So, is the life expectancy five years, ten years, or what? Meridian Planning & Zoning August 21, 2008 Page 7 of 32 Steckline: Mr. Chair, Commissioner O'Brien, Commissioners, they're built to the exact same standards. They go through Department of Environmental Quality, DEQ, for review. The City of Meridian also does their plan review process for it and at the completion of that interim lift station; the City of Meridian will taking that over AND taking care of it and monitoring it. As far as a -- are they one and the same, a temporary, an interim, a permanent, primarily they are one and the same. O'Brien: Okay. So, follow-up question on that. There is a concern of staff about setting a precedence on lift stations there maybe some other developers might want to add their own lift stations as well. What effect would that have on the treatment plant? I think you answered earlier, but I don't know -- there is the picture of that whole area. Can you have a lot of lift stations, I guess, to service these other areas that may want to be developed before your permanent one gets in place? Steckline: That's also a good question, Mr. Chair, Commissioner O'Brien, Commissioners. We have taken that account into effect also. Like I said earlier, what we have done is had the applicant's engineer and same of our own consultants take a look at expanding that and having extra capacity for service to some of the surrounding areas. Of course we don't want a bunch of interim lift stations out in .the area, it becomes a servicing nightmare per se. What we looked at was since it is developer driven for the Can-Ada lift station, the time frames for that to be constructed, the city not setting aside money to actually construct that portion, what this does is kind of allows growth to come in. We have done this in other areas in the south also with relative success. A lot of those areas right now with Black Cat -- the south trunk line are now being taken off line, like Observation Point, that allowed us to spur growth into the south area also. They have worked relatively well. The City of Meridian has taken those over and monitored them. I would kind of see that be the same case here in the west portion -- northwest portion of Meridian also. Moe: Any other questions? Okay. Would the applicant like to came forward? Coleman: Ladies and gentlemen, my name is Tom Coleman. I am the owner of The Oaks. Moe: Could I get your address also, please. Coleman: Oh. 1025 Ridgeway Place is our office and I don't remember -~ I'm sorry about that. Since I'm the oldest member of our presenting team, they have asked me to present a history and given the evidence of my memory here just in the last few seconds you can recognize that I am the oldest of the group. At any rate, just a brief history of our company, because this is our first presentation in Meridian and, first of all, I want to thank you for allowing us to present the Oaks to you this evening. Our family has been in the real estate industry for 75 years. Meridian Planning & Zoning August 21, 2008 Page 8 of 32 I had formed Coleman Homes in 1972. It's a little longer than I would like to admit ago, but, at any rate, since 1972 we have been community developers and home builders and we are extremely proud of our company and the communities that we have developed over the years. We have always had excellent relationships with the cities and counties within which we have developed. Our trade partners who allow us to the build houses and especially with our homeowners, who oftentimes become repeat homeowners from us as they move to various stages of their life. We believe this strategy is the vital tradition in our company to our long term success. We are very excited about our projects in the Treasure Valley. I first wanted to move to the Treasure Valley some 20 years ago and just could not make that happen at that time. We came here approximately four years ago and are very pleased. This is the only area that we are currently involved in any type of real estate business. So, this is our focus. We are very excited about our communities here, which include Nampa, Middleton, Meridian tonight, and Boise. We look forward to our development here in Meridian. We understand that this is our first development here and we are willing and will show you and do the work that it takes to again earn the reputation that we have enjoyed over the many years that we have been in business to be a respectful and respected part of this community and which sometimes is unusual a bit in the development end of things. But we are very serious about this and we hope you will allow us to prove that to you and we are perfectly willing and able to do that. I would like to introduce to you the two people who are going to present for us tonight. First of all, my son, Thomas, who is the Executive Vice-President of Coleman Homes, and Becky McKay, who. is our consulting engineer. Thank you very very much. Moe: Thank you. T.Coleman: Commissioners, thank you for hearing our presentation this evening. Thomas Coleman. 1002 Winding Creek in Eagle. I wanted to take a few moments to share with you the vision that we have for The Oaks. Before I do that I wanted to give you just a brief project history and introduce our project team, who really helped us put all this together. We are the owner of the property. We will be the developer, as well as the primary home builder of the community. Engineering Solutions has provided us with our planning and engineering consulting work. Givens Pursley is our legal consultant. Jensen Belts has provided us with insight and site planning and landscape design. The KGBY Group has also given us insight on our site planning, as well as done all of our architectural work for our site and URS Washington Division has worked with us on our traffic analysis. We began our vision for this project when we purchased the land in January of 2005 and since that time we have had a lot of discussions with our neighbors, consultants, some of the city officials and city staff. We have been very pleased that after meeting with our neighbors we haven't had any concern shared with us about the community and have been really appreciative of all of the contribution input from city staff and the ideas that they have given us to help us move this forward. We submitted our application in Meridian Planning & Zoning August 21, 2008 Page 9 of 32 February of this year and since that time we have been diligently working with staff to insure that our vision for The Oaks gets achieved, while at the same time providing a great asset to the city. Our vision for the Oaks is based upon some fundamental principles and we will hope that it is characterized by a high quality level of design and what we call a mixed density synergy, which I will get into a little bit, but it relates to different home types that Bill discussed earlier. The overriding goal for all this is to offer residents along-term value and appeal, but at the same time offering value to the greater community of Meridian and we hope to achieve this by integrating our community landscape, architecture, and all the amenities that we could put together in a massive plan, as well as providing a wide variety of choices for all homeowners. Because we are the owner, developer, and home builder, it allows us to provide a higher quality home for a reasonable price, because there aren't three different people all trying to make a living in one community and because of that we also are able to offer higher level amenities that are much more commensurate with a community of higher priced homes. In doing this we hope to create a distinctive place where we find that residents can purchase their first home, they can raise their family, and, then, they can retire. We like to think that our buyers can buy a home from us na matter what cycle of life they are in because of the diversity that we offer. All of our homes in the community, as in all of our communities, exhibit very thoughtful design and distinct architectural features and we insure that, because all of our homes are approved by an architectural committee and go through an internal design review process. We also make sure that every home is, you know, varied in color, style, and floor plan, so that you don't see similar homes or floor plans or housing types near each other in any of our neighborhoods. And, lastly, we are very excited about a fundamental aspect of community and it's very early right now and we hope to be a participant in it, but it is a pilot project for the reuse water supply of the city. We hope that over about the next ten years it should save the city about 35 million dollars in upgrades to the sewer plant. The timing and size of our community, as I understand it, makes it viable from a residential development standpoint to work in the other ideas that the city Public Works has to make this happen and in line with that we hope to explore additional environmentally friendly options in our community, which would be permeable driveways, responsible storm water management practices and energy efficient homes. I was going to take a minute to show you how all this vision kind of incorporates into our concept plan, but Bill did such a great job of that I will just point out a couple of things for you. The location of our site, as Bill pointed out, is very close to the future intersection of Highway 1 G and Highway 20-26, which we think allows a perfect location for this broad .mix of home buyers, because they can travel to work in any location in the valley being so close to such great access. We also, relative to Highway 16 -- and I'll let Becky speak to the very specifics of the location of that, but we have incorporated a design of ours, so that no matter which route the state is planning on Highway 16, our development can accompany that by the platting process and the dimensional standards we have done with our collector framework. And, then, I would like to go through this real quick. I'm trying not to repeat what Bill said. The reason that Meridian Planning 8 Zoning August 2l, 2008 Page 10 of 32 we are proposing our concept plan -- and Bill alluded to it with our preliminary plat dawn below, but our -- our overall hope with the concept plan is that we have flexibility for the future, so that we can meet the -- kind of the ever changing demands of home buyers. We anticipate building in this community for ten to 12 years and, you know, over that period of time preferences change and so with the fluctuating real estate market- that we are in, what we hope to maintain is flexibility, so that we can continue to bring in what we think is demanded at that time, but we also understand the need to ensure the quality of the community and so we have made every effort to da that in our development agreement. The main planning aspect is since we focused around our boulevard, which you can see is kind of the main network, and it connects all of our neighborhoods within the community, as well as our amenities and our trailway system. These -- the boulevard is actually what we have designed, instead of a typical road with two sidewalks on the side, there is going to be one with a meandering walk and pretty extensive landscaping for people walking and -- walking their dogs and stuff like. But on the opposite side of the road we have expanded the city's pathway plan and put in a ten foot multi-use pathway, so that people riding their bike and running and those types of things can also use that corridor. So, we have separated those two and worked to incorporate over six miles of pathway system into the city's current plan. So, all of that will be incorporated into it. The amenities that we have included throughout the community comprise over 30 acres of open space, as well as that six miles of interconnected pathways. Our central park, which you can see at the very center of everything, we have committed to that being six acres. Staff would like it to be eight. The reason we would like it to be six is so that we can more evenly distribute open spaces we can fit throughout the neighborhood, but that would not affect our overall amount and at this central park we are also planning to commit to build our community center and our swimming pool and any other amenities that we deem necessary there. But we also like to have neighborhood parks spread throughout the community, so that people can have a little bit shorter walk or walk across the street to a neighborhood park and each one of those would have its own individual identity with certain amenities, like either a basketball court or a climbing wall. We are also talking about trying to work on a stream restoration project on the Five Mile drain, which we think would be a really neat thing. And, lastly, as Bill mentioned, we are really excited to working with the recreation district on this four and a half acre site, which would be a public multi-use swimming facility that would have swimming lanes, but also like a play area and a diving tank and I think they also have room for same play fields and those types of things. This mixed density design is not something that we came up with out of nowhere. It's, actually, a very well practiced planning model. It's been very successful at Day Break in South Jordan, Utah, as well as Valley West in Bozeman, Montana. At Day Break it's pretty common to see five or six different types of housing all on the same street or block. You can see this is actually Day Break's layout and it's a community of, I think, 20,000 homes or something like that, but you can see that each one of these colors is a different type of housing and they are all very well intermingled, so that you get a very good diversity. Meridian Planning & Zoning August 21, 2008 Page 11 of 32 And, lastly, we feel that with this mixed density community we are able to offer the benefits of a mass community, but not just to fire the high price housing, but to fire throughout the entire spectrum of homes. With that, I apologized for taking too long, but I would like to pass it over to Becky to get into all the specifics relative to our community planning and engineering and, then I would be happy to answer any questions you have. I really appreciate your time tonight. We are extremely excited to be presenting our plan for this community for you. Thank you. McKay: Becky McKay, Engineering Solutions. 1029 North Rosario in Meridian. I'll try to kind of hit mare -- I don't want to be repetitive, so I will just try to hit on some of the highlights, just to kind of supplement the information that's already been provided to you. As Bill indicated, we are here asking for three different zoning designations. This particular drawing that you see here, those zoning designations are also representative of these different neighborhoods. So, we have got this what we call a -- kind of a traditional single family area, which would be your more standard decap single family dwellings, front load, alley load, mixture. We, then, have this yellow type area here and that includes the phase one and two of Oakcreek. We call that a mixed density single family neighborhood and that would have various products in there. Could be like two unit tawnhomes. It could be some of the courtyard product. Different things like that. And that would allow us to have some balance to the particular project. We also have this area here that we are asking for the R-15. And this area right here. Those are what we call mixed density neighborhood care. Those areas will provide us the maximum flexibility to tailor our product to the marketplace and to a particular buyer. One of the advantages with a project of this size is the ability to incorporate amenities that smaller projects can't. Have extensive pathway networks. We worked closely with the city to came up with a pathway plan, not only just our standard like five foot pathways and micropaths, but the multi-use pathway. This is Five Mile Creek along here. Your plan shows -- your pathway plan shows that there be a multi-use ten foot path along there. It also shows that there would be a multi-use pathway going east and west and, then, connecting over to Black Cat. If you cross Black Cat here, you will drop into Volterra, which is another project that I designed, and their multi-use pathway will go all the way aver to Heroes Park: So, with Volterra running a mile of ten foot multi-use pathway and, then, this particular project will give you that three quarters of a mile. This would be the collector location. One of the other things that we have in the larger projects is the flexibility. Small projects have a tendency to be what we call single product. It's difficult to integrate different things with that. With the larger projects we have the advantage that you can next mix and match, create different neighborhood within neighborhoods, but yet have a consistent community. As you well know, our industry is in flux right now. People are trying to figure out where we are going to be in six months, where are we going to be in a year. When you're looking at a project that's 10 or 12 years down the road, we have got to leave options open and that's why we are coming before you this evening requesting annexation and rezone of the entire property, Meridian Planning & Zoning August 2l, 2008 Page 12 of 32 but yet the preliminary plat is only for this 30 acres here along the south side of McMillan. We are taking small steps into the project. Obviously, the marketplace is not that friendly right now, so we want to make sure that the decisions that we make and the course that we have set is one that we can adjust accordingly. One of the things -- one of the questions that was brought up as far as the transition of this area, this 40 acres here is owned by Prime Land. This property here -- I think there is approximately 60 acres -- that's owned by Highland, LLC. This property here is owned by Kevin Howell. So, we have a lot of developer owned property that we adjoin. This is a natural continuation of your growth pattern westward. We did come up with a continuous collector plan as you can see here. The loop collector creates a real nice feel. I have done that out in Star with Heron River. It gives -- it just gives the project a real nice parkway boulevard that traverses through it. We also show the continuous collector going up to the north. That would eventually extend over up to Highway 20-26. When those properties north of us develop and that would be potentially a signalized intersection. We show an outlet here to Black Cat, but the signalized intersection will be located right at that point. So, at such -- when this property develops, this street will just turn into local a street, it drops in, and, then, this collector will feed right out to Black Cat. We did have a traffic study done an the project in its entirety. The intersections were evaluated. The current system and capacity is available, obviously, to handle the first and second phase in what we call Oakcreek. We will have some turn lanes that will be required, but no significant upgrades to the transportation network. When the larger project comes in, there will be some intersection upgrade at Black Cat and McMillan and the need for signalized intersection here. This is at the half mile, so that will fit right in with Meridian's overall transportation plan and ACHD's policy plan. The question arose concerning the Highway 16 extension. I have been working with ITD closely, because I have other projects that are in between Highway 44 and the bench to the south and so I have been working with them and initially what they looked at were 12 alternatives. The 12 alternatives have been whittled down to three. They have got what they call the near east, the near west, and the McDermott route and what those three alternatives consist of is they looked at going ahead and having the new state highway be where McDermott is currently located, but, then, they would have to build a frontage road in addition to that. They looked at coming over one quarter mile and they would basically offset from existing right-of-way 400 feet, which was determined that that would be usable depth, and, then, set the state highway with a 300 foot ease -- or 300 foot right- of-way. They looked at that to the west. They looked at that to the east. Right now the preferred alignment is the near west alignment. It's 400 foot west of McDermott. However, when we looked at designing this particular project, we set that collector so that the project could develop and we could leave out that whole corridor right through here until such time as that alignment is determined. 2009 is when we should see a determination. That's based an the environmental impact study that's being submitted to the feds. Bill, could you switch over. Flip aver to the -- next. And that's that ITD drawing. We did include that in our packet. This is representative of the clubhouse or recreational facility that my Meridian Planning & Zoning August 21, 2008 Page 13 of 32 clients would like to construct at the center. A green area here within the project. That would be the central community center bringing all of these different neighborhoods. Avery nice gathering place. This particular picture here is the recreation center that they are now constructing in their Middleton project, called West Highland Ranch, which is just off Cemetery Road and north of Highway 44. So, obviously, their commitment to quality and to providing a community where people can recreate and enjoy living, walking, biking, and interacting with each other is very important. Bill, if you go next. We did provide -- this is the pathway plan. You can see in the blue, that is the multi-use pathway. The red pathways are your five foot. One of the concepts we like to have is a ten foot pathway for bikes and, then, five foot far pedestrians to kind of break that up. I'm wrapping up. Switch to the next one, Bill. We did, with the Western Ada Recreation District, come up with a site plan. We used the Humboldt Iowa Center swim facility as kind of our model and we did a little site plan for them. This will be a donated site and the basic infrastructure will be installed, so that -- that they could just come in and build their facility. Bill, if you'd turn to the next one. That's what the Humboldt Iowa facility looks like. As you can see, it's a very nice and inviting public facility. Western Ada Recreation District is excited about having this facility to the north. They need it. Their primary focus is, obviously, swimming lessons and providing swimming to the public. Bill, if you will switch over. This is the preliminary plat that's before you. As Bill indicated, we do have the Settlers Canal traversing through here. That would take a 72 inch reinforced concrete pipe to pipe that. That is considered cast prohibitive. The Public Works and the City Council, historically 48 inch is where they cut it off. If it exceeds that 4$ inch, then, they have allowed us waivers. We do intend to do wrought iron fencing on bath sides far just safety purposes and for aesthetic purposes. But Settlers is very protective of that, they won't let us plant trees or put pathways. We have a central space there where we have a tot lot, we have a picnic area, nice pathways that go through and it's very accessible to all residents. Bill, if you will switch to the next one. As Bill indicated we did submit elevations of the different types of homes that we proposed. These are, obviously, representative and are not all inclusive of what will happen at the project. As you see we have a lot of nice alley load product, which has an excellent curb appeal and porches. This is what we call a green court. There is like an alley way in a U shape fashion. They have a central green court area. That promotes social gathering. This is great for empty nesters, retirees. It's a concept that's been done elsewhere and it's starting to kind of take hold here and we are excited to incorporate that. Newton-Huckabay: Becky, where -- are those in the preliminary platted connection or in the other one? McKay: No. Those are in the conceptual section. Newton-Huckabay: Okay. Meridian Planning & Zoning August 21, 2008 Page 14 of 32 McKay: Yes. Bill, if you will switch to the next one. This is what they call a Fasao perspective. These are around 2,000 square feet. They are also oriented on a common green area. The mansion styles. It's a real nice concept. I've seen them in other projects out of state. They can really look nice. When you drive past them they look just like a single family dwelling. You alley load the garages, but the curb appeal is phenomenal. And you do not see the bulk. This is what we call a duet. As you can see it almost looks like an extremely large single family dwelling and I believe that is the intent. They are also an alley load. Obviously, provide homes for different types of lifestyles. This is the town -- the tuck-under townhomes. They have garages alley load ofF the rear. There is approximately four units in each one of these. Two unit townhomes. These are, obviously -- you know, the curb appeal on these is extremely attractive and they just will fit into the neighborhood quite well and with their architectural standards, and the integrity that they are going bring to this parkicular project -- Moe: When are you going to wrap this up? McKay: Yes. Moe: No. When? McKay: Right now. Mae: Real quick. That's good. I have already given you 20 minutes. McKay: I know. Gosh. I can't talk that fast. In summary, we are asking the Commission to, obviously, approve the annexation and zoning for the entire property and the preliminary plat. We think we have got a good mix. We have 69 percent R-4 -- or excuse me. Sixty-nine acres of R-4, 21 percent, approximately. We have 60 percent of R-8 and 17 percent of R-15. We don't propose any apartments in here. They are all going to be owner occupied and this is going to be one of the best integrated projects that I have ever worked on and I am very excited about it and (believe amulti-generational type project like this where people can move as their lifestyles change and their family size changes is real exciting for the city and I ask that you approve it. Do you have any questions? Moe: Any questions? O'Brien: I have one. Moe: Mr. O'Brien. O'Brien: I'm not -- I have heard of this water reuse system, but I am not familiar enough with it to understand how it works. How do you save 35 million dollars for the city? Meridian Planning & Zoning August 21, 2008 Page 15 of 32 McKay: I will just kind of give you the information that's been provided to me by Public Works. Currently your plant discharges, after it processes, into Five Mile Creek. There is also an overflow that runs down Ten Mile to the Boise River. The EPA-DEQ standards for that -- the water quality change over time. The new standards require lower levels of phosphorous. Phosphorous are a by-product, obviously, of soaps. So, what the city is looking at, if they sit back and they do nothing, within the next five years they would have to spend about 35 million dollars to bring the plant into compliance with these standards that are changing. If they introduce a reclaimed water program with like a class A, class B water, then, that water would be -- instead of dumped in the Five Mile Creek and discharged, it would be put in pipes, put into holding ponds and, then, the water would be pressurized and go into pressurized irrigation main line. Our location along Five Mile Creek and in close proximity to the plant makes this project attractive as the model. We will be the model that they can hold up and say, you know, look, development community, this is working. They are also running a line to Heroes Park and I think Scott said there is another -- there is another place that they are looking at. But that water will irrigate common areas. Yards. It's not potable water, but neither is irrigation water. So, we are very excited to be a part of that and if this can all come together, obviously, it's going to save the city and the community a substantial amount of money. O'Brien: Thank you. Moe: IVIr. Marshall? Marshall: Where would these ponds be located? McKay: Mr. Chairman, Commissioner Marshall, the city is looking at having some ponds west of the plant. I know, you know, at one time they thought they had enough property to mirror the plant years ago, but I know there have been discussions about acquisition of additional property. And as you well know, there is that sewer treatment plant overlay that's around the plant, so, you know, some of those properties for development purposes are restricted. So, it would make sense. They would probably end up with a series of them. And, then, you know, we may end up with booster stations to boost that pressure and run it through these different projects. And, obviously, they would loop the system just like we do pressure irrigation and just like we do potable water. Marshall: Right. So, the whole plan to reuse that is dependent on the city's ability to put in the infrastructure to make it happen? McKay: Yes. But we will be working with the city to make that happen. We have talked about some facilities we will be installing and, then, we may be eligible for some reimbursement. But they will -- you know, as far as the initial system, they are going to have to kind of get that figured out and they are currently working Meridian Planning & Zoning August 2l, 2008 Page 1 B of 32 with DEQ to work through the issues. This hasn't been done in the state before, so this is whole new territory for everyone. Marshall: I did have another question. Moe: Mr. Marshall. Marshall: What was meant by stream reclamation? McKay: Five Mile Creek is along the south boundary here. The Bureau of Reclamation turned those over to Nampa-Meridian Irrigation District years ago. As far their aesthetic quality, there is very little. The city mentioned to us that they have worked with Nampa-Meridian and another developer an going in and beautifying the creek. Nampa-Meridian and the city obviously -- or they have a license agreement that's in place for the multi-use pathway, but as far as any other work to make it more attractive, that's just kind of in its infancy. And so we would like to participate and be a part of that. Moe: Any other questions? Okay. Thank you very much. We have na one signed up from the audience. So, is there anyone in the audience that would like to speak on this? That made that easy. Well, Commissioners, any comments? I guess I would say that, quite frankly, the project is very exciting. I like the mix of the homes and everything else. And that's a lot of property out there. But I still have my concerns in regards to McDermott Road and I do have concerns in regards to other development around this one that would want to get started. And, then, we do have more interim lift stations and whatnot. The plan does meet the Camp Plan. So, it's -- it's a little confusing on what to do, quite frankly. So, I'm still kind of rattling through my mind, so -- Newton-Huckabay: Mr. Chan'? Moe: Commissioner Newton-Huckabay. Newtan-Huckabay: Bill, can you show the aerial that had the outline of the property? You didn't have an aerial with everything that was already platted to the north up there on that, did you? With the plat overlay for like Bainbridge and stuff? Anybody have one of those? Parsons: Mr. Chairman, Commissioner Newton-Huckabay, this is what I have prepared for tonight to kind of show you where we are annexed at this time. Newton-Huckabay: Becky, do have you one? McKay: What's you're looking at here is this is Highway 20-26. That's the Tree Farm. This is Kego Springs. Bainbridge. Volterra. And this is the subject Meridian Planning & Zoning August 21, 2008 Page 17 of 32 property here in green. Here is the wastewater treatment plant. And, then, the overlay. This is the existing platted development as you can see. But these projects have all been approved and the city limits lie here along the Black Cat corridor. So, as you can see it is a logical transition here. Now, one the thing -- these lines that you see here are sewer. In the 2003 Meridian sewer planning map, a lift station was shown right here on the subject property at the corner. Right here at the southwest corner. That was the regional lift station. When the City of Meridian expanded their area of city impact to Can-Ada, that lift station was eliminated on their planning map and on the 2005 map the regional lift station went out to Can-Ada. We questioned Public Works staff about that and said what do you do in between the two and the city engineers -- you have gone through three over the past two years -- they indicated we are fully aware that growth doesn't take place from the west east, it's going to go east to west. So, therefore, we are resigned to the fact that we will need an interim lift station along that corridor that will have to serve that area until such time as the Can-Ada regional lift station is installed. Mae: Thank you. Newton-Huckabay: Thanks. Moe: Mr. O'Brien, did you -- O'Brien: I just had a -- I don't know -- a question that's probably way out in left field there, but it seems to me like this is an area that requires cooperation from maybe different developers to come up with a solution and maybe finance this or part of it, anyway, to get it going and get this permanent lift station in place to service all these other areas. I don't know. Just a wild thought. But doing it individually, individual lift stations, doesn't make a lot sense either, so -- I don't know. Steckline: Mr. Chair, Commissioner O'Brien, Commissioners, as Public Works we are the advisory for Commission and Council on sewer capacity. Lift stations, treatment plants, I have worked with the applicant. I have worked with the city engineer. I have worked with the Public Works director. As far as capacity issues, we also have to keep in mind that even with the Can-Ada lift station being way over here, all this area designed to flow to that lift station, is eventually going to make its way back to the wastewater treatment plant. This is a -- like the applicant said, a 15 year build out project. The subject that we are platting this evening is here and this is designed at the quarter mile to already go to the wastewater treatment plant. Your capacity is already -- is there. In the future, with our expansions at the wastewater treatment plant, which are budgeted, that capacity issue is not a problem at this time, nor do we foresee it to be in the future. I do understand -- and we have taken this into consideration. This was our first hang up was if we allow this development to go, who was going to want to piggyback an it. That's what we have worked with the applicant for Meridian Planning & Zoning August 21, 2008 Page 18 of 32 engineering from their side and our side to develop this interim lift station to be able to not only hold the capacity here, but in future other areas. The applicant's going to fully fund this interim lift station and the way we have noted in the staff report is that any requestor that wants to go into this interim lift station to eventually go back to the wastewater treatment plant will be either the sale discretion of that requestor, thus they will be funding it fully. Other key notes on this, you know, the applicant will be constructing water mains along their arterial frontage. They will be doing some upsizing water mains in here. Sewer capacity-wise, they are designing it to once this lift station goes off and everything does build out, your sewer is going to be in its natural designed sewer shed flowing in the natural progression. Like I said, in 15 years -- in the next five to ten years I would foresee a lot more infrastructure out in this area and this lift station probably not even potentially being there for the full 15 years. I would hate for that to be the hang up on your guys', you know, condition. That's what we do. Public Works, we make sure we look this and don't get in aver our heads. So, I want to make sure you guys are fully comfortable with it and I apologize if I'm not explaining it as best to my ability. Moe: Appreciate that. O'Brien: Thank you. Moe: Any other comments? O'Brien: Just a comment real quick, Mr. Chairman. It seems to me like -- I think it's a gaod idea. I don't have a problem with this temporary thing. As far as setting a precedent, though, I don't know if that's a limited issue, but -- so, I don't know. I'm kind of in favor of where we are going with it. Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: Commissioner O'Brien, I think what Scott is saying is that those concerns have been alleviated, if I can put words in his mouth, and that that not -- it isn't the barrier it was originally thought to be. O'Brien: Okay. That's -- I'm happy with that. Newton-Huckabay: So, I think you can rest easy there. O'Brien: All right. Thank you. I don't have anything further. Moe: Okay. Any other camments? Rohm: Mr. Chairman? Meridian Planning & Zoning August 21, 200$ Page 19 of 32 Moe: Mr. Rohm. Rohm: The only other comments that I would have is in relation to the extension of Highway 16 south. I think that when the original concept of bringing that highway south was introduced, they wanted that half mile either way, because they hadn't done any studies at all and as they have -- as the applicant has explained, that has narrowed down and narrowed down and narrowed down to a point that it isn't encumbering a mile strip all the way from 44 to the freeway and so just for my perspective, it appears that the applicant has done a real good job taken into consideration the remaining three options that are still being considered. 50, my comments are just that I think that this development has done a good job in staying in tune with -- with the Idaho Department of Transportation. Moe: Okay. Thank you. Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: Just one comment. My only -- this is a great development, great concept plan. I do -- as always it's a great job. Little concerned that it will ever see developed the way that your concept -- you know, in 15 years -- there is a lot of things that can change in 15 years. Hopefully, it will look something like we see. I hope not to see this property come in again and again and again trying to meet the market. But the 380 acres, that preliminary plat for the shape is a little bit boring to me. I'd like to see something more innovative in there it pick up the program, but it's been pretty standard with an R-8 development and don't have any huge problems with it. Unfortunately, you couldn't do anything with the -- with the canal going through there. That would have been a great opportunity there. But overall I would say I'm in approval. I just hope not to see it coming back again for rezone. So, great job. Moe: Okay. Well, then, in that case -- Rohm: Mr. Chairman? Mae: Mr. Rohm. Rohm: I would like to move to close the public hearing on AZ 08-004 and PP 08- 003. Newton-Huckabay: Second. Meridian Planning & Zoning August 21, 2008 Page 20 of 32 Moe: It's been moved and seconded to close public hearing on AZ 08-004 and PP 08-003. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: After considering all staff, applicant, and public testimony, I move to recommend approval for the City Council of file number AZ 08-004 and PP 08- 003 as presented in the staff report for the hearing date of August 21st, 2008, with na modificatioh. Marshall: Second. O'Brien: Second. Moe: It's been moved and seconded to approve -- move on to approve to City Council of AZ 08-004 and PP 08-003. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Item 6: Public Hearing: CUP 08-021 Request .for a Conditional Use Permit for adrive-thru establishment in a C-G zone within 300 feet of another drive-thru establishment for Medina Drive-thru by White-Leasure Development Company -1653 S. Meridian Road: Moe: All right. At this time I'd like to open the public hearing on CUP 08-021 for Medina Drive-thru and ask the staff to give us a report. Parsons: Thank you, Mr. Chairman, Members of the Commission. This is the Medina Drive-thru project. The site is situated southwest corner of West Overland Road and north -- or South Meridian Road. The address -- the physical address is 1653 South Meridian Road. The parcel itself is a vacant piece of land. I'll go to the aerial site here. Excuse me. Here we go. It is -- at this time it is a vacant parcel. One acre parcel. If you recall, there is a Walgreens on this corner east of this lot and, then, the Lowe's site is west of this site. Surrounding the site here is some commercial property, subdivision zoned C-G. Here is Southern Springs, zoned C-G. To the south is vacant lots and also Elk Run Subdivision, believe zoned R-8. And, then, again, this is C-G zoned property to the west. Here is what the applicant has proposed on the site. Basically, a 7,800 square foot multi-tenant building with an associated drive-thru -- drive-thru window is on the east side of the building. Access to the site is via right-in, right-out only in the west corner -- or east corner of the property and, then, a cross-access Meridian Planning & Zoning August 21, 2008 Page 21 of 32 agreement with the Lowe's site with the full access located east of the Lowe's site that accesses Overland Road. And, then, in '05, I believe, the City Council granted a variance for aright-in, right-out only along the south border to take access onto Meridian Road. Staff has reviewed -- this applicant is proposing -- the UDC requires 16 parking stalls. The applicant is proposing 20, located primarily on this side and, then, adjacent to that north of it is some overflow parking also. You can also see that staff had some concerns with the pedestrian traffic getting across that drive aisle there with this cross-connectivity. We thought the traffic that could be generated there could be a safety hazard for those pedestrians that may have to park in this area. So, the applicant was in agreement with staff and made a provision to kind of have a highlighted walk area to the front entrances of the building. The other issue staff brought up in the staff report was the fact that this is proposed as amulti-tenant building and we would -- we didn't condition them to keep it amulti-tenant building, but we have encouraged them to have multiple tenants in there, not just to have what we call one use tenant in there. We did get confirmation from the applicant that they are in agreement with the staff report. So, that doesn't seem to be an issue with them. The other concern I would bring up or issue was the location of this trash enclosure. We had our comments meeting and SSC has informed staff that it might be difficult far them to get their trucks in there and they wanted staff to contact them and get some clarifications or try to modify this location of the trash enclosure. Staff has asked the applicant to kind of give a brief overview tonight for you to really -- to see if there are some significant changes and, if so, you might want to -- may ask for a continuance to see a revised site plan if it is a significant change to what you're seeing in front of you tonight. Staff has evaluated the landscaping. If you look at this plan here, they do meet the UDC requirements, so all of that is in compliance with what we required as far as internal parking lot. The landscape buffer was installed with the Medina Subdivision and that's -- no changes are proposed for that landscaping at this time. The one other item I would point out to you is you see these clusters of trees along the southern boundary. When I researched the recorded plat I noticed there were some sewer-water easements located here that went to this parcel and Public Works typically doesn't like trees within their sewer and water easement, so I asked the applicant to scoot those trees over outside of that easement and they were in agreement with that as well. Here is the elevations the applicant is proposing with tonight's application, similar -- identical building materials as proposed on the Walgreens. You have the limestone accents on the building. Stucco or effice. Metal canopies to accent the entrances. I would like to point out that a lot of those building materials are carried around throughout all four sides of the building. So, staff liked the appearance of the building and recommended no changes. And, again, staff is recommending approval of this project and I would be happy to answer any questions the Commission may have. Moe: Thank you, Bill. Any questions of staff at this time? Meridian Planning ~ Zoning August 21, 2008 Page 22 of 32 Marshall: One, Mr. Chairman. Moe: Mr. Marshall. Marshall: Bill, the entrance off Meridian Road, was that right-in, right-out? Parsons: Mr. Chairman, Commissioner Marshall, I believe that is a right-in, right- out. You can't see it on this map. Let me -- should be located somewhere in this vicinity here. If you recall, the Walgreens is here and, then, they have their drive aisle that come out here. Turn in here and, then, turn out onto Meridian Road. It's about 500 feet from the intersection. Marshall: Okay. If you could go back to that last layout there in the same plan there. So, where is this coming from and going to, this -- that's going to the Walgreens property into another parking lot. Parsons: That is correct. Marshall: Okay. Thank you. Moe: Any other questions? O'Brien: I had one question, Mr. Chairman. Bill, so to have the access to this area from people traveling north on Meridian Road and also west on Overland Road, the only access -- the only way to get into this property is at the Lowe's access -- full access drive and, then, you come down an embankment that travels this way and if you want to go to the pharmacy at Walgreens you have to come this way and, then, down to the Walgreens pharmacy, which is a north-to- south window. So, where is the access point here where it shows you have parking spaces there for people coming down from the Lowe's access. Parsons: Mr. Chairman, Commissioner O'Brien. Essentially, I blew, -- condensed the site plan so that I could show you a close upon the site, but -- O'Brien: Okay. Parsons: -- if you were to get that site plan out, the shared access is right here, so you're right, the Lowe's site is a little bit off that. I don't know exact distance there, but it's somewhere -- the property boundary is somewhere there. There is a little -- an embankment that goes in. This drive aisle and connectivity is already in place, along with this parking and landscaping, but you are correct, if you are going south -- going northbound on Meridian Road you have to turn onto Overland and take access there to get back to these two developments. O'Brien: Right. I was just concerned about the impression of that, but thanks for clarifying it. Meridian Planning ~ Zoning August 21, 2008 Page 23 of 32 Moe: Any other questions? Would the applicant like to come forward? Please state your name and address. Huber: Mr. Chairman, Members of the Commission, my name is Jeff Huber. I reside at 41 B South 8th Street, Boise, Idaho, and I represent the applicant. We are in agreement with the staff report. I'm not aware of any issues with the trash enclosure. As of yesterday I had not received any comments back from the trash collector. SSC I guess is what they are called. But we have -- Bill, do you know what that dimension is from the -- on that parking isle. I think it's like 24 feet. And, then, the requirement that I read was that it had to have 6p feet clear and mean we have got like almost 125 feet. I mean I don't want to argue with the trash guy, obviously. If he thinks there is a problem with it, we can certainly work with him to adjust it, but I think there is plenty of room there to pick the trash up. That's the only issue we really -- this just came up. But we are not really -- we don't have any other issues with the staff report, so I would request that you approve the Conditional Use Permit. Rohm: It might be that it's just the angle of the trash enclosure, as opposed to its proximity to the building, and maybe the -- just by squaring it up a little bit -- Huber: With the -- I don't know what our setback is there in the commercial zone, but -- probably zero. We can probably square it up a little bit. Rohm: I suspect that you can come up with something that will work for them as well. Huber: Sure. Marshall: Mr. Chair? Moe: Yes. Marshall: The one issue that I see here is if -- because of this angle, I agree that the garbage truck is going to have to come straight into it to lift it and dump it and if you square it up, then, the truck can come in. But the issue becomes the buffer, the screening around this, is if we pushed this out to the boundary here, do we have any screening left around the trash enclosure? Because you have to maintain this arch for fire, you can't square it up and move it into the parking lot, you're going to have to square it up and move out towards this boundary, and is there any room for screening of the trash enclosure, which is out on a major -- I mean you have got a little parking between it, but you have got Overland Road right there. Parsons: Mr. Chairman, Members of the Commission, let me elaborate on that. Fire -- when we met with fire and showed them this site plan, they have no Meridian Planning $ ,Zoning August 21, 2008 Page 24 of 32 intentions of going in there. They can't fit -- that radius doesn't meet their requirement. But they would be able to -- they had commented they would be able pull in here and fight the fire from here and this is already paved, so they could came here and fight the fire and also get to the back of the building. So, they got out their radius diagram and they know that a garbage truck, a fire truck, will not go through that drive through lane. Also, the applicant -- elaborate far the applicant, our code requires a 25 foot drive aisle between parking stalls. So, there is 25 feet there. The other issue I would have is to have them speak with their consultant and maybe 28-48 requirement by fire to concerns with the extension check on and see if this radius could still meet that see if they can get in here. I know they had some of these landscape islands and those certainly can be reduced without any issues. The other thing to put the Commission ease at, too, the applicant will have to submit what we call a CZC, Certificate of Zoning Compliance, to us and with that submittal they have to provide approved stand -- approved site plan or trash enclosure from Sanitary Services. So, hopefully, by that time the applicant will have this worked out with Sanitary Services. We won't process that application unless we have something from them saying they are okay with the enclosure and its location. Rohm: Thank you Huber: Thank you. Moe: Thank you very much. There is no one signed up, so if there is anyone in the audience that would like to speak to this, you're more than welcome. I see no one interested. Commissioners? Any comments? Any requests for anything? Marshall: I'm happy with the response to the trash enclosures and the rest looks good to me. Moe: Okay. Marshall: Seems to be an appropriate place for it. Moe: Mr. Rohm, you look like you're ready to do something. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the public hearing on CUP D8-p21. Marshall: Second. Newton-Huckabay: Second. Meridian Planning & Zoning August 2l, 2008 Page 25 of 32 Moe: It's been moved and seconded to close the public hearing on CUP 08-021. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Rohm: Mr. Chairman? Mae: Mr. Rohm. Rohm: After considering all staff, applicant, and public testimony, I move to approve file number CUP 08-021 as presented in the staff report for the hearing dated of August 21st, 2008, with no modification, but I would note just that the applicant will work with staff and the trash people to get that enclosure in alignment with their expectation. End of motion. O'Brien: Second. Moe: It's been moved and seconded to move onto City Council -- Newton-Huckabay: No. Moe: I'm sorry. You're right. It's been moved and seconded fo approve CUP 08-021. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 7: Public Hearing: PP 08-008 Request for Preliminary Plat approval of 17 commercial lots on approximately $.7 acres in a C-G zoning district for Trade Plaza by Land Investors, LLC - 555 S. Meridian Road: Moe: All right. At this time I would like to open the public hearing on PP D8-008 for the sole purpose of continuing it to our regularly scheduled meeting of September the 18th, 2008. Rohm: So moved. Marshall: Second. Moe: It's been moved and seconded to continue PP 08-OD8 for Trade Plaza to the regularly scheduled P&Z meeting of September the 18th. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Meridian Planning & Zoning August 21, 20D8 Page 26 of 32 Item 8: Public Hearing: CUP 08-019 Request for Conditional Use Permit to extend the existing nonconforming residential use of the property located at 417 W. Broadway Avenue in the I-L zoning district far Kerwin Shop by William Kerwin - 417 W. Broadway Avenue: Moe: At this time I would like to open the public hearing for PZ OS-019 for Kerwin Shop and ask the staff to report, please. Hood: Thank you, Mr. Chair, Members of the Commission. I am filling in for Sonya this evening. This is one of her projects. In fact, the next two are her projects. The first one, the Kerwin Shop, is located at 417 West Broadway. It's about .42 acres and zoned I-L. As you can see on the vicinity map we are on the south side of Broadway, north side of the railroad tracks. The adjacent land uses here are kind of a mixed bag. Most of them, as you can see again from the zoning map, primarily industrially zoned properties on the .opposite side of Broadway, are residentially zoned property, so these are single family residences kind of mixed in this area. As you can see, same of the properties have rezoned to OT. The designation on our Comp Plan for Old Town and just residential ends right about in this area here. So, they are right on the fringe, basically, of our qld Town designation. And like Isaid -- or was starting to say, there is a mixed bag of residential and some industrial similar shops in this area as well, due to the zoning. To the east of the site is a single family home. I mentioned the Union Pacific Railroad and the lumber company south and to the west are -- is a single family residence. There is also a welding shop to the west. So, that's one of the ones that they do have a shop there for some industrial type uses. The application before you tonight is a Conditional Use Permit to extend the existing nonconforming use on the site, so the residential use of the site in the I-L zone single family detached homes are prohibited. There is one currently on the site, this site plan -- Sonya has labeled it for yau. There is a house here. There is a garage that's associated with the house that's located there. The applicant is in the process of constructing a shop on the southern half of that property and they want to retain this garage to still be associated with the home, but relocate that into this location. There is a driveway that comes into the site located at the east property line. Again, by UDC code it requires that to extend or modify a nonconforming use you have to go through the Conditional Use Permit process, so.that's why the applicant is here tonight to move that garage from this location to that location and continue the use of the single family home on the site. There really aren't a lot of other things that I wanted to bring up. Maybe just this question's come up before. It's been some time now since we have seen one of these-- these properties rezoned. I believe the year was -- I think it was sometime in the '90s. I can't remember exactly. I want to say '99. There was a developer that got consent, basically, of all these property owners, went through the process of getting all those properties rezoned and, then, dropped the ball and didn't do the redevelopment project that they had planned. So, there are a lot of folks that are in the same boat that this applicant is, having nonconforming single family homes in an industrial district, and we have encouraged and still do Meridian Planning & Zoning August 21, 2008 Page 27 of 32 encourage people to rezone, so their land use matches the zoning designation. I guess that's maybe the last thing -- the last note I will end on. Staff is recommending approval of the Conditional Use Permit. Similar to other projects in this general vicinity, we left it up to the Commission whether you want to put the applicant through the process of submitting a rezone application to zone the northern half of this property or northern two-thirds of this property to an R zone, an R-8 or an R-4. So, staff didn't feel strongly enough to require that. However, there is potential that if they want to do an addition onto the house or something, they are back before you again for a Conditional Use Permit. So, to be totally consistent with the Comprehensive Plan and the UDC, an R zone makes the most sense. But we realize that, you know, that's going to be a lot of applications to do that, so putting this applicant through it, we may be better off having that be city initiated in the future. I'm not proposing that we go out there and try to do that now, but, again, just to end on that note. It's kind of something that we didn't feel strong enough to include in the report as a recommendation, but we did want to make you aware of that. So, with that I will stand for any questions you may have. Moe: Any questions of staff this time? Okay. Would the applicant like to come forward, please. Kerwin: Commissioners, my name is B.J. Kerwin. Address 10303 Granger. would just like to say that we are -- we purchased the property, so that we could put a shop on the back. To do that we need to move the garage, so that we can have a driveway to access that. It fits in with the property to the east. There is a shop there. A welding shop to the right -- or to the west. I guess they are kind of living in the house. The house is pretty run down. They do a bunch of open welding and stuff to the west. We are proposing to keep everything enclosed in the shop, not in front of traffic. Just, basically, you know, fit in with the property to the east. Have a shop. House in the front. So, anything we are proposing is what is already existing in the neighborhood. That's all I have. Moe: Any questions of the applicant? Okay. We have one person signed up. James Thompson. You're signed up to talk. Go right ahead. Thompson: I didn't realize I was talking. I just signed up for attendance. My name is Jim Thompson. I am the owner of the property to the east. Moe: Give me an address, too. Thompson: 401 West Broadway. I just wanted to -- you will notice to the east of me is the Head Start. I wanted to be here, because I didn't attend any of these meetings when that was rezoned and it's nothing but a thorn in my side. If -- what is my recourse if the applicant decides that he doesn't want to necessarily follow up everything he's saying presently? Do I go to code enforcement? Do I come to see you guys? Who -- what do I do? Meridian Planning & Zoning August 21, 2008 Page 28 of 32 Newton-Huckabay: If the applicant is in violation of the CUP, he would call code enforcement. Thompson: And I'm not -- you know, I'm not concerned with Mr. Kerwin here, but the second house to the west from him, you guys -- we -- they applied far R-8. You guys recommended R-4 based on the neighborhood wanting to keep it single family stuff and I can guarantee you that what they do with it versus with the zoning is not compliant and I just want to make sure that whatever is transpiring stays within whatever you guys are recommending or whatever the City Council approves, you know, and that's -- if I just go through code enforcement, that's wonderful. Like I said, I'm not trying to spell disaster here or perceive any problems, I just want to make sure that I have some kind of an avenue to approach you if there becomes something along those lines. Rohm: And that would be it. Thompson: Thank you very much. Moe: Thank you. That was the only one that signed up to speak. Anyone else in the audience would like to speak to this, you're more than welcome to. Okay. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the public hearing on CUP 08-019. Marshall: Second. Mae: It's been moved and seconded to close the public hearing on CUP 08-019. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: Oh. Newton-Huckabay: I had a question regarding the -- whether or not we should have them rezone. I'm not really interested in that. Moe: I would just as soon see it the way it is today is what we act on. Meridian Planning & Zoning August 2l, 2008 Page 29 of 32 Newton-Huckabay: Okay. Carryon. Mae: Mr. Rohm. Rohm: Okay. Mr. Chairman, after considering all staff, applicant, and public testimony, I move to approve file number CUP 08-019 as presented in the staff report for the hearing date of August 21st, 2008, with no modifiication. O'Brien: Second. Newton-Huckabay: Second. Moe: It's been moved and seconded to approve CUP 08-019. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Rohm: May I amend. my motion to include the -- direct staff to prepare the appropriate Findings document to be considered at the next Planning and Zoning hearing September 4, 2008. Baird: Mr. Chair, Members of the Commission, that was implied with the motion. think staff will be doing that. Hood: Consider it done. Rohm: Good. Thank you. Appreciate that. Item 9: Public Hearing: AZ 08-011 Request for Annexation and Zoning of 2.953 acres from the R1 to the R-8 zoning district for Sgroi by Nunzio Sgroi - 4405 E. Ustick Road: Moe: Thank you, Mr. Baird. At this time I would like to open the public hearing AZ 08-011. That's Sgroi. And ask the staff to report. Hood: Thank you, Mr. Chair, Members of the Commission. I have not met the applicant, so I will, too, pronounce it Sgroi. Maybe they can correct us as we move along here, as they do their presentation. I think I got it right. So, the project site is located at 4405 East Ustick Raad. So, on the south side of Ustick, approximately three-quarters of a mile east of Eagle Road. Red Feather Estates is to the south. This is on the fiar edge of our proposed city limits, so our area of impact boundary with Boise city ends right here. So, this is right in the corner of our area of impact on Ustick Road. It's, again, 3.16 acres currently zoned R-1 in Ada County. Boise city is on two sides. City of Meridian is on one side. And, then, Ada County -- this parcel with the existing single family home to the west is still zoned RUT in Ada County. I mentioned Red Feather Subdivision, zoned R- Meridian Planning & Zoning August 21, 2008 Page 30 of 32 4. That is a City of Meridian subdivision. You have the elementary school and the city of Boise and, then, some single family homes in the city of Boise across Ustick. The application is annexation of the entire 3.16 acres to the R-8 medium density residential district. There are no other development applications proposed at this time. The applicant did submit this conceptual site plan that you see on the board this evening. Staff has analyzed that, as well as -- the front elevation that was also submitted. That's detailed in the staff report. Probably one of the biggest changes that we have is that staff is not supportive of this driveway access to Ustick Road. I'll go back to the aerial real quick. You can see that there is quite a bit of frontage on this local street within Red Feather that is provided to the property. So, staff is recommending that access not be taken from Ustick Road, but from the other side. So, if you can envision this site plan doing a 180 degrees and the driveway coming in off of here. Now, there is going to have to be same slight modifications to that as well, but, essentially, that's how it could develop. We haven't conditioned it that it has to develop like this site plan that's proposed, but we could sure envision it developing with that -- that major change. We didn't analyze landscaping. This is an entryway corridor into the City of Meridian, obviously, so when we do see that development application in the future, we will make sure that landscaping is done in accordance with code in effect at the time. The request that R-8 zone is consistent with the Camp Plan future land use map designation of medium density residential. Just a couple of -- or sample DA provisions that are in the staff report. Public Works does want to see sewer and water stubbed 4315 East Ustick. I believe that's the parcel in between here. I can't see why we would stub to Boise city. So, I'm going to deduct that it's that property there. And that the home that's there, if, in fact, it's still there within the next six months, does need to be removed from their well and be hooked up to city sewer and water services. The assisted living facility or residential care facility, as we refer to them in our code, they do require Conditional Use Permit in the proposed R-8 zone. So, the applicant most likely, if that's how it develops, will be back. We were somewhat concerned that -- that if it didn't develop with assisted living that it could just be a traditional single family detached or even attached subdivision and wasn't consistent with the vision that was shown on the concept plan. So, we do have a DA provision that says, basically, you will develop an assisted living care facility here though the CUP processes and if you don't want to do that, that's fine, but you need to come back and get the City Council to sign off on whatever you want to do. So, that was a long winded way to explain one of the DA provisions. And, then, I talked about restricting direct lot access to Ustick Road and consistent with our entry corridor design standards. I won't spend too much time on the elevation. It is just a front elevation. Sonya did analyze it somewhat in there. I don't believe she tied them to this elevation. Again, we are on an entry corridor. It's going to need to meet those design review guidelines anyways. So, whatever we see in the future, I think this probably generally conforms with those provisions. I didn't see any flag reds when I read through the staff report, but I don't she it needs to look exactly like that either. So, we have not received any written concerns from anyone, any of the neighbors or anyone else in the general public. Staff is Meridian Planning & Zoning August 21, 2008 Page 31 of 32 recommending approval of the requested R-8 and annexation and zoning as presented in the staff report. I will stand for any questions you may have. Moe: Any questions of staff? Rohm: Just a point of clarification. Do you say that if, in fact, they do go with an assisted living, that there would be a CUP required at that time? Hood: Mr. Chair, Commissioner Rohm, yeah, that is true. They still need to -- there weren't enough details with this application to analyze everything that's required through for the Conditional Use Permit process. So, we do want to see a site plan that's pretty tight and has everything with their access taking off that internal street. So, yes, that is still a DA provision. Rohm: That's all I need. Thank you. Moe: Okay. Any other questions? No? Would the applicant like to come forward, please. Whitworth: Ladies and gentlemen. My name is Tom Whitworth. Address is 953 North Roosevelt. We agree with everything that staff has commented on. So, any questions? Rohm: No, sir. Moe: That made it pretty easy. Well, I don't see anybody in the audience that signed up, so if -- I guess no one else wants to talk. So, Commission, any comments? Or does anybody want to do anything? Rohm: Yeah. I think, number one, this property should be brought into the City of Meridian and it ties everything together and with the staff report noting that would be access to sewer stubbed to the property to the west, kind of ties that whole thing together and as long as the applicant realizes that they have got to tie into city water within six months, then, I think we are good to ga. Moe: And I heard the applicant say they are in approval of all comments. So, therefore, can I get a motion? Rohm: Mr. Chairman, I move that we close the public hearing on AZ 08-011. Marshall: Second. Moe: It's been moved and seconded to close the public hearing on AZ-08-011. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Meridian Planning ~ Zoning August 2l, 2008 Page 32 of 32 Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number AZ 08-011, as was noted in the staff report for the hearing date of August 21st, 2008, with no modifications. Marshall: Second. Moe: It's been moved and seconded to move onto City Council requesting approval of AZ 08-011. All those in favor say aye: Opposed? That motion carries. MOTION CARRIED: ALL AYES. Marshall: Mr. Chairman? Moe: Mr. Marshall. Marshall: I move that we adjourn. Rohm: Second. Moe: All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: We are adjourned at 8:40. __ MEETING ADJOURNED AT 8:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPR O"~ DAVID MOE -CHAIR AN ATTEST: JAYCEE . HOL DATE APPROVE~}~`Ly ~ MFRfp~ '~~,, IIAN, CITY CLARK AL ~~ ~~+~ .,~~~ ~ ~p