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2000 02-22MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING FEBRUARY 22, 2000 Chairman Keith Borup called a special meeting of the Meridian Planning and Zoning Commission to order at 7:00 p.m. MEMBERS PRESENT: Keith Borup, Thomas Barbeiro, Richard Hatcher, Sally Norton. OTHERS PRESENT: Bruce Freckleton, Steve Siddoway, David Swartley, Will Berg. Borup: We’d like to begin the meeting this evening. This is a special meeting of the Meridian Planning and Zoning Commission February 22nd . All Commissioners’ are in attendance with the exception of Commissioner Brown. Commissioner Brown did have a conflict on Item number 3 and 4, the Touchmark, so he would not be able to participate on that. 1. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR FOUR 2,880 SF OFFICE TRAILERS AND TEMPORARY GRAVEL PARKING IN AN I-L BY MICRON TECHNOLOGY—3475 E. COMMERCIAL COURT: Borup: We do have a letter, we’d like to open the public hearing. I don’t believe we have the applicant here but they have requested withdrawal of this application in their letter dated February 17, 2000, simply stating they have alternate plans in place and do not wish to proceed with this project. Any comments from the Commissioner's? Anyone from the public wish to comment on this? Hatcher: I motion that we close the public hearing. Barbeiro: I second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Do we just need acceptance of their withdrawal letter. We don’t need a motion for that do we. Let’s have a motion on the acceptance of the withdrawal letter. Norton: Mr. Chairman, I move that we accept the motion to withdraw letter. Barbeiro: I second it. Borup: All in favor? MOTION CARRIED: ALL AYES Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 2 2. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITION USE PERMIT FOR EXISTING CAR DEALERSHIP (2 BUILDINGS) ON FRONT 4 ACRES AND PROPOSED 72,000 SF MINI STORAGE (FAIRVIEW MINI-STORAGE) ON BACK 4 ACRES BY L.B. INDUSTRIES, INC—1005 EAST FAIRVIEW AVENUE: Borup: I’d like to open this public hearing and first ask for a staff report. Siddoway: Mr. Chairman and Commissioner's the vicinity map for the project is on the screen above you. This site right here where the arrow is pointing is the Rountree Car dealership, the Fairview Mini Storage would actually be on the rear portion of that same lot. You have our comments dated January 7, 2000. The highlights that I would point out is that this is their site plan. The long narrow structures that you see here are the storage units. They do show a 20 foot landscape buffer adjacent to Danbury Subdivision around here. But as you know, the for a conditional use permit the entire site is part of the conditional use permit and needs to comply with the City Ordinances at this time in order to get a building permit. The site is out of compliance with our requirement for the one 3 inch caliper tree per 1500 square feet of asphalt and we have noted that in comment number 5. We have asked for a revised site plan that reflects that requirement. We have also asked in number 6 for a 20 foot landscaped setback along Fairview Avenue that will not be used for vehicle display and will be landscaped with the trees. Other issues included the parking requirement there. Their site plan only showed 3 spaces adjacent to the manager’s house in this location right here. We have no specific requirements in our zoning ordinance regulating parking at mini storage lots. We felt that 3 would be inadequate based on our past experience with other mini storage and have recommended at least 5 or 6 stalls. In conversations with other mini storage lots they talked about frequently having groups show up to help one person move and needing some parking for that. The applicant would be free to make the case for the number of stalls that they thought that they needed. The only other one that I would point out is number 13 and that is that the private street that they will be using to access this which is Kuba Road in this location off of Fairview to get back to the entrance in here was provided to give access to this parcel over on this side behind the Ultra Touch Car Wash and we need some verification that there is a cross access agreement that allows them to use this road to access their site. That is all I have. Borup: Any questions Commissioner's? Barbeiro: Steve, what is directly to the east of the property. There are 2 different properties there. Siddoway: There is, if you look at the first page of our staff comment, to the east is some commercial parcels that are in the County. They have Wireless USA and a podiatrist. Borup: Anyone else? Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 3 Hatcher: Steve, the site plan showing that a main entrance to the existing car dealership is in front of the sales building. Was this a proposed relocation that is in front of us or is this something that has all ready occurred because the existing conditions don’t reflect that. Siddoway: They do have one access onto Fairview. I agree that it doesn’t really appear to be in the exact location that they are showing. I believe that it is further to the east. The applicant will have to state whether they are proposing to change it or just doing that to show their existing access. I don’t know. Borup: Would the applicant like to come forward. Moody: My name is John Moody. I am Vice President of L.B. Industries. In answer to that question, we would keep the same access for the dealership. The dealership won’t change. Borup: Mr. Moody would you state your address also. Moody: 1401 Shoreline Drive, Boise Idaho. We don’t intend to chance the dealership that much except for the landscaping in the front. We will keep the existing entries and exits there. We will use Koba Road as the main entrance into the storage units. Borup: Probably the short version of our questions would be if you had a chance to read the staff comments and I believe 3 or 4 items was specifically mentioned. If you had any response to those. If your short response is you comply with everything or— Moody: I think we can comply with everything. We may have a problem with the 60 foot right of way in the front. That is an issue that we have to deal with basically internally. It is not a problem as far as planning is concerned. Borup: Which 60 feet. Moody: ACHD’s requirement on the right of way. We need to deal with that but it has nothing to do with the planning department. Borup: Did they indicate that that is consistent with what they have done with other properties on Fairview? Moody: I think it is. I just need to deal with it. We don’t own the property. We land lease the property. It is a tenant/landlord situation more than anything at this time. Borup: The question I’d have would be on the access road. Is there an access agreement or something been worked out with the neighbor on that. Moody: Yes. I will provide that. I don’t have it now. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 4 Norton: Mr. Chairman, Mr. Moody I had a questions regarding your storage units. How many storage units are you considering. Moody: I don’t remember how many storage units, but there is 73,000 square feet. They all come in various sizes, 10x10, 10x20 and so on. I think somewhere on the application it gives the number of storage units. Norton: Your bigger storage units looks like it is going to be on the west side. Is that correct? Moody: The idea was to buffer the residential and they will be facing away from the residential on the south and on the east so the lights are directed that way and they’ll be, I hate to use this term but it is chicken shit type construction. All the drainage is going into our project rather then onto the neighbors. When we had a neighborhood meeting we talked about lighting and so on, so we are going to us the lighting that doesn’t go over the roofs, more down under the eaves and so on. Norton: I guess I have a main concern about how big are your biggest storage units. Moody: 10x20. Norton: 10x20 and how let’s say a truck wants to go in there to deliver stuff for the storage, how big of a truck do you think could get into your storage area to deliver furniture. Like the biggest U-Haul truck. Moody: The roads are designed at 28 feet and on the north, I think is says 30, but it would be difficult for a semi type moving van. All your other delivery trucks would not have a problem. Norton: Let’s say there was a semi that needed to pick up a unit, where would that semi park for instance to get this unit. Moody: I would have to think on the main entry there and I think it is a management problem more than anything. Norton: On the road or on the used car lot. Moody: On the north entry where it is so wide there at the top, that’s where that would work. Barbeiro: Mr. Moody, will you be using a (inaudible) steel building or will you be using masonry or a combination. Moody: We haven’t decided on the framing yet. It will be metal siding though, so it doesn’t matter if it is steel or wood framing. It is still going to be metal siding. I think I Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 5 put in a color, more earth tones with forest green roofing and so on. But, it will be metal. Borup: Any other questions? Norton: Did staff get the number of units. Did you find that. Siddoway: I have not. I was just looking for that and did not find it. Borup: It’s got the square footage. Moody: That’s what the impact fees go by. That’s how we deal with it. Siddoway: I just saw 72,000 square feet of storage units and 700 plus or minus for the manager’s quarters. Borup: I guess we’d have to count them. Any other questions for Mr. Moody? Hatcher: Is there any particular reason for the question on units that I am not aware of because the square footage is really adequate. Norton: Just traffic, that’s all. Moody: Traffic is very low for these units as a history. They do not create a lot of traffic. Borup: Thank you sir. Do we have anyone who would like to come forward and testify on this application. Seeing none, Commissioner's. Hatcher: Mr. Chairman, I motion that we close the public hearing for discussion. Barbeiro: I’ll second the motion. Borup: All in favor. MOTION CARRIED: ALL AYES Borup: Now, do we have some discussion. I guess we are ready for a motion. Hatcher: Mr. Chairman, I motion that we recommend to City Council conditional use permit on Front Street –excuse me for a 72,000 square foot mini storage, Fairview Mini Storage on the back 4 acres of L.B. Industries, Inc. at 1005 E. Fairview Avenue. Recommendation to include all staff comments. Barbeiro: Second the motion. Borup: Motion and second, all in favor. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 6 MOTION CARRIED: ALL AYES 3. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 157.876 ACRES FROM R3 TO LO BY TOUCHMARK LIVING CENTERS/JOSEPH A. BILLIG – EAST OF EAGLE ROAD (ST. LUKE’S) BETWEEN FRANKLIN ROAD AND I-84: Hatcher: Mr. Chairman, this evening are we going to be discussing the annexation and zoning separately from the conditional use or are we going to attempt to do them together as we have in the past. Borup: We’ve done both in the past. Hatcher: Recently we’ve kept them separate and things have flowed smoother. Borup: I agree that on the most part. I’m—what would be your pleasure. The thing that we’ve got that may be a little bit different here is that we are talking about an LO zoning. If we feel comfortable, that would be appropriate for that then I’d think it would make sense to address them both separately. Hatcher: To address them separately? Borup: If the Commission feels comfortable that is the appropriate zoning for there. Any comments? Your preference to keep them separate. Hatcher: Experience has been proving that it makes things smoother keeping them separate. It’s your call. Borup: Let’s proceed with that basis and see how it goes. Okay, staff report. Mr. Siddoway. Siddoway: Do you want comments just on the annexation and zoning or— Borup: Yes, it looks like that’s the way we may be going here. Siddoway: Okay. The definity map is on the screen. The large gray area that you see in the center and all of this is land that is part of the Touchmark application. This blue area right here is currently zoned LO and is the St. Luke's site. The Montview Subdivision fits right here to the west of Touchmark development. Across the street on Franklin, R.C. Willey is on this corner and on this side is Edgeview Subdivision. It is in the County and is on the border of our urban service planning area and impact area. Our comments for annexation and zoning that were in the November 4th staff report, still stand. We agree with the proposed LO zone. We requested certain landscape buffers. Those buffers appear to be met in the revised site plan that has been submitted. That is all I have at this time. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 7 Borup: Any questions from the Commission for Steve at this point? Is the applicant here this evening and like to come forward. Bowcutt: Becky Bowcutt. Briggs Engineering. 1800 W. Overland Boise. We will save our full presentation for the CUP as with staff, so I’ll just basically address the annexation and rezone on this property. If you recall, the members that were here when we came through with the Comprehensive Plan change here a few months ago, I noticed there is some new faces. Just to bring her up to speed, I think it was about 4-5 or 6 months ago we came through with a Comprehensive Plan change. We asked that this property be designated mixed plan use development. A portion of this property was all ready designated mixed plan use development and the remainder of it was designated single family. The Planning and Zoning Commission and City Council did approve that Comprehensive Plan change. Once that was accomplished, it allowed us to submit this application for annexation and rezone. In my pre-application meetings with staff, because we do have mixed uses on the property, it was determined that the LO zone was probably the most appropriate zoning designation for this type of use. We have a retirement community. It is on approximately 134 acres. We have a continuing care retirement center here or what you may know as a nursing home. We have retirement cottages attached and detached. We have medical office that would be associated with this complex and the St. Luke's complex, a chapel, pocket parks and so forth. Due to that mixture the LO under the conditional use allowed these particular uses and we felt that that was a little bit better zone. It gave the City a little bit more control. Everything in this mixed plan use development overlay requires a condition use approval and we are here this evening to obtain conceptual approval of the entire development and specific approval of the phase one which is right here in this mid section on the collector roadway outward. All the subsequent phases which will be between 6 and 7 phases over approximately a 7 to 10 year period. We will have to come back before this body with detailed drawings and elevations and obtain your approval. Do you have any questions? Borup: Thank you. This is a public hearing for annexation and zoning. Do we have anyone from the public who would like to comment on this application. McCreedy: John McCreedy, attorney. The address is 1275 Shoreline Lane in Boise, representing the majority but not all of the Montview Subdivision residents. As I read, Mr. Chairman, Commissioner's, as I read the Meridian City Code, the findings that have to be made to support the zoning amendment are similar to the findings that have to be made to support a conditional use permit. Our comments relate basically to the proposed access and the public and private street plan that Touchmark has put forward. I submitted a letter this afternoon. Hope you got a chance to get copies of that. I do have extra copies of that letter along with three other documents. I can certainly save our detailed comments for the conditional use permit, which seems to be the way things are going, but I would want the comments that the group of Montview Subdivision residents submit tonight to be considered as part of both of the decision making process. So, if that is acceptable I will only do it once. If it is not, then I want to load the Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 8 public hearing with all my comments and documents, but I would be happy to do that during the conditional use permit process. Borup: Okay, I think that is the process I’d like to take. We did receive your letter this afternoon. I think everyone has— Hatcher: I got the letter but did not get a chance to read it. Borup: No, we got it just right before the meeting so I don’t think anyone here has had a chance to read it. It was in your box Mr. Barbeiro. McCreedy: I have extra copies and I can run through the points that we made in the letter during testimony on the conditional use permit. Borup: Okay. Thank you. Anyone else wish to comment on the annexation. Seeing none, Commissioner's any other questions. Hatcher: Mr. Chairman, I motion that we close the public hearing. Norton: I second. Hatcher: Mr. Chairman, I motion that we recommend approval to the City Council. Borup: Oh, I’m sorry. Did I ask for a vote on closing the public hearing? All in favor. MOTION CARRIED: ALL AYES Hatcher: I motion that we recommend approval to the City Council for the annexation and zoning of 157.876 acres from R3 to LO by Touchmark Living Centers east of Eagle Road between Franklin Road and I-84 to include all staff comments related to annexation and zoning. Barbeiro: I second the motion. Borup: Motion and second. Any discussion? All in favor? MOTION CARRIED: ALL AYES. 4. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT INCLUDING CONTINUING CARE RETIREMENT COMMUNITY, SINGLE AND MULTI-FAMILY RESIDENTIAL AND OFFICE AND RETAIL USE BY TOUCHMARK LIVING CENTERS/JOSEPH A. BILLIG –EAST OF EAGLE ROAD (ST. LUKE’S) BETWEEN FRANKLIN ROAD AND I-84: Borup: Steve and Bruce, staff report. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 9 Freckleton: Mr. Chairman and members of the Commission the revised plans were delivered to the City approximately a week or week and a half ago. Upon cursor review of those, staff was I guess maybe a little confused as you might be. We didn’t think we had a complete packet because we were still looking for a plat. With some discussions we had today with the applicant’s engineering firm, we got some of those questions cleared up. There will not be a plat. This is all going to be under one single ownership. Everyone of the cottage homes, everyone of the townhouses all under one single ownership. Therefore, since we didn’t have or it was staff’s impression that this application that was or packet that was resubmitted was incomplete, we did not do detailed review and comments. Larry is here to night from Ada County Highway District. He can give you a condensed version of the staff report that they have prepared. I guess from our prospective we would propose that the applicant do their presentation. We go ahead and hear what the public has to say, but continue this so that it would afford us time and you time to dig in and look closely at it. On the surface this project is—I think they have done a plan. It looks really nice. What they propose doing tonight is getting approval for their general concept for the whole project and then conditional use approval of phase one. Those are shown on your plans that you should have in your packets. That is all. Borup: Any questions for Mr. Freckleton? Norton: I have a question. What is or what do you mean by one ownership? Freckleton: The applicant would own the entire project. They would not have individual lots under individual ownership. Each of the houses would be owned by the management and they would be leased. It is a very new concept. For this whole valley I don’t know of another project in this valley that is like it. Borup: You said there were some things you still had –anything specific that you felt that you still wanted to dig in deeper. Freckleton: There was a few items that Becky and I discussed today dealing with routing of utilities, this sort of thing. I have expressed to her what we would like to see. Borup: Some standard design details. Freckleton: Exactly. I think Steve did have some things flagged on his earlier staff report that he wanted to talk about. Borup: Then are your staff comments from November still pertinent? Are we looking for a new set of staff comments then or some of the stuff kind of answered itself like you know at that time waiting for the ACHD report, which we now have. Siddoway: I would say that our staff report stands for the overall general concept, but we still need to do comments on the details of phase one which now have more Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 10 detailed information regarding the parking for the care center, the landscaping and things like that were only conceptual when we prepared these comments. The things that I have flagged, they have submitted details for their entry signage on the wall, but haven’t yet seen any signage for the continuing care retirement community. I am assuming that they will need signage of their own. The storage areas. This could be dealt with tonight. They are showing a storage for RV’s and boats as we had requested. It is obvious that it is not at one per 2 dwelling units, the way our ordinance reads, but they can appeal justification for that being reduced. They may have be able to talk to that but I haven’t seen anything in writing. One of the larger issues that I know Shari has—Shari Stiles—with the project is the illegal split of the property that happened prior to this application and our comment in number 26 has asked the applicant to combine these parcels into one in the county before it is annexed. That I haven’t heard any discussion of that, but I do know that that is still an issue. The City has no ability to combine lots and with the land swoop that is going on with St. Luke's, this issue with the lot splits needs to be resolved. Number 22 on our comments requests a phasing plan. Bruce and I found out this morning that they are actually planning to do 6 phases. The first phase of which they are asking approval of tonight and they are willing to go through separate CUP applications for the future phases, we would support that but we haven’t yet seen that phasing plan. Borup: Are you saying you want to phasing plan in advance as far as which phases would be. Siddoway: Yeah. Just like we do on the plats. Borup: Okay is there any flexibility there depending on market conditions or if it changes the combined phases, is that what your saying. If they want to do a couple at the same time. I guess that don’t make any difference anyway, does it. Okay, go ahead and continue. Siddoway: Those were the bigger issues I had. Over all I want to make it clear that we like the project, the concept of the project. From a planning perspective, it seems very innovative. We do like the ideas of the smaller lots with the additional open space. The alley loaded lots. Things like this that they are proposing, but I feel like we need to do a more detailed review of the phase one specifically and prepare our comments on that because right now our comments are general to the concept of the entire development. Borup: Thank you. Would the applicant like to come forward. I might just mention here our, I guess our basic policy is 15 minutes we allow for the applicant and as mentioned on our sign, 3 minutes for other testimony. I think one of the information sheets back there mentioned if we have representatives speaking for a group of people there is leeway for additional time there of course. Bowcutt: Beck Bowcutt, Briggs Engineering, 1800 W. Overland in Boise. I am representing the applicant. This is a colored rendering of what the project would look like. Touchmark has built this type of facility in other states. It has been very Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 11 successful. As you well know, with the population in this country aging and that percentage increasing of those who are now of retirement age, these are becoming very, very popular. As you can see, they would have perimeter fencing. What they plan is white vinyl with brick pillars evenly spaced and that would be their exterior fencing along Franklin Road next to Montview and next to Edgeview. Along Interstate 84 they would provide berming and a fence in combination. All of these buildings as you can see have a mixture of brick and vinyl siding and it looks like a real nice community where everything meshes in and all of the architectural styles are very similar. Going back to the site plan, this is the project here, here is Franklin Road. We have two approaches to Franklin. This particular roadway will be public. It will come down here. The public roadway will extend over and stub in to the Montview Development providing them public street access. It will go through this rotary and the public street will end at this rotary located here. At this point, this would be a gate. We talked with staff. We have not met with the fire department but my clients are willing to work with emergency services to come up with some type of a gated concept that is acceptable to them. They feel it is important that this be a gated community. It gives the residents a sense of security and a sense of community. We have a public street coming off here. It comes through this rotary and then terminate to the east and then everything else would be private. There will be internal sidewalks. They are off set sidewalks so you’d have back a curb then landscaping and then you sidewalk. As I stated before, the main facility is here and this is the first phase of the this project is this core of what they call their continuing care facility here. We’d be building all this collector roadway. This intersection would be signalized. This second intersection would also be signalized at Franklin Road. We’ll come through and build a portion of this loop here and then build the properties the cottages right here adjoining Interstate 84. As I stated, we have berming and the landscaping and fencing combination. We have a central park area located here. It is just a little bit shy of 6 acres. They have a little, what they call a 6 hole pitch putt golf course and then over in this area there would be areas for croquet or other type of lawn games. We have pocket parks throughout the facility located in different areas for their enjoyment. All of the cottages are very similar in style, very elegant and some of them are detached single family and some of them are attached meaning we have say some duplexes and triplexes. These are single level all along here, Edgeview and right through this area. The main facility is 3 story and if you get back into this area, these are more like apartment buildings, two story, but would be isolated right here along Franklin Road. We propose medical office to be right through here. The medical office would support different doctors and uses at St. Luke's plus support the community that we are trying to create here. They try to provide different activities on site or services such as beauty shop, banks, they have a fitness center. They provide different types of care depending on the needs of their residents. They provide van services to things like the mall. Compared to your standard single family development, this generates less traffic then we see with the standard. We will be making a connection to St. Luke's. There is a future spine road here. This would also be gated and the two projects would share traffic and that traffic would be able to interact so these residents would have codes to go through and go out to the signal at Eagle Road and then come back through and vice versa. That traffic would go back and forth to try to eliminate or alleviate some of that traffic that’s at the intersection of Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 12 Franklin and Eagle Road. There was statement about the parcels. This property is make up of multiple parcels. The parcels are legal parcels of record. They are just putting together multiple parcels. St. Luke's is also going to swap them and purchase a portion of their property. This can be done through a lot line adjustment under Ada County. That would be done prior to annexation. We do a lot line adjustment and then a one time division of the Thomas Tullis property right here because they are retaining portions of the property further east that lies within the Boise area of impact. What parcels we do create here will end of being legal parcels of record prior to annexation to the City. I’d like to show you some larger elevations. I think you probably got some reductions in your packet. This is an artists rendering of what the –this is the park area showing some water (inaudible). Here you see some architectural styles of office. What the type of environment they are trying to create is pedestrian friendly with the off set sidewalks, some limited parking along the roadways. That creates a narrower roadway which therefore slows traffic down. This is the first phase right here. We’ll be building the westerly approach coming in here with the collector roadway and then this is the first phase. As you can see, this is the core of the building. The building would have subsequent wings coming out here. The core is approximately 180,000 square feet. It will have around 106 living units. The total square footage of the care center is approximately 450,000 square feet. You can see the breakdown of the different uses. This is just a blow up showing you the off set sidewalks, landscaping creating a tree canopy as you would drive into the project along the roadway and then showing the rotary which is landscaped in the middle. This is a blowup where we have broken down the number of units, parking spaces based on the ordinance and it just allowed staff to go through and do a more detailed review. These are street sections as you can see. It showed you the landscaping. This is one of the round abouts. The landscaping in the middle, the cars and then the offsets for the pedestrians here and here. This is the sign which looks like a brick stucco combination and that would be on the exterior of the project. That’s an elevation of the main building. That is brick and vinyl siding combination with architectural shingles for the roof. This gives you an idea of the cottages. As you can see they are real quaint. They have varying front elevations so they are not all exactly the same. The elevations are going to change depending on whether they are detached single families or some of these attached single family dwellings. I think I will turn the podium over to Bernie. He is the expert on this type of community and I think he can probably answer your questions. Neil: Chairman and members of the Commission, my name is Bernie Neil. I represent Touchmark Living Centers. Touchmark of the Treasure Valley is a multi use continuing care retirement community. Let me describe the 3 general uses we will be developing in approximately 6 phases over the next 7 to 10 years. The first is an office and medical office park that will serve the public. It will be developed and brought to the City conditional use approval process at a later time. The second use is for multi family rental apartments. It will primarily serve active seniors and younger empty nesters of which my age group would be typical and possibly have a neighborhood that would house younger families as a housing alternative to the employees in the surrounding medical and retirement facilities. We would anticipate some units would be available to families of St. Luke's and Touchmark patients for convenient short term stays. This Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 13 portion of the project will also be developed and brought to the City conditional use approval process at a later time. The third and last use of the Touchmark of the Treasure Valley is for a multi level service retirement END OF SIDE ONE Neil: This continuing care retirement community will provide services to the 55+ age group with independent cottage homes, congregate apartment homes, assisted living homes, skilled and Alzheimer’s care and a health and fitness club. These housing and care choices are designed to allow seniors gracefully age in place while maintaining both independent choices and a health and social safety net that becomes more and more important to all of us as we grow older. Part of serving the senior community is having often and universally used facilities readily available. These facilities within the Touchmark Building include a beauty and barber shop, a convenience grocery, a library, activity and meeting rooms, a theatre, a chapel and a health and fitness area where low impact water aerobics and low impact low noise fitness machines and fitness trainers share a physical fitness in the quantities and speed that is tuned to the seniors lifestyle. Preventive nutrition and health maintenance is also available from the full time and visiting professionals. Another part of serving seniors is in providing housekeeping services, meals in a central dining area, a group transportation program as well as abundant opportunities for friendship and socialization, through group outings to the theatre, to musical and sporting events and within the facility there are areas and opportunities for musical presentations, dancing playing card games and puzzling and on the grounds and parks there are facilities for barbecues, picnics, horseshoes, lawn games and a 6 hole pitch and putt within the 5.8 acres central park. In the later stages of care, we focus particularly on the unique and sometimes difficult needs of Alzheimer’s disease and we provide a licensed medical professionals necessary for skilled and long term nursing care. All of these services are part of the main building and the immediately surrounding several acres that are built in this first phase. The final part of this continuum of care that we will highlight tonight is the independent cottage homes. These single family and duplex attached homes are designed for the entry level senior and provide independence in the style of living as well as help with home and yard maintenance, weekly housekeeping and a choice for easy access to the other services and facilities of the whole complex. These seniors are generally a little younger and specifically more active physically and in their attitudes. We will begin with approximately 50 cottage in this present conditional use application and as the market demands we will add several more phases that will come before you for later approval. This gated and fully maintained community provides another level of security and service that is important to the comfortable life style of seniors. We have worked with our neighbor St. Luke's Hospital and with the Ada County Highway District to arrive at the present site plan and have agreed upon our collective conditions and issues. We have met with the Montview neighborhood at John McCreedy’s office as well as with various neighbors in a public neighborhood meeting and have provided public access to Montview at our expense. In our 27 years of owning and operating housing and providing care for seniors, we bring together the best of our experience in this ambitious project to provide a warm and comfortable home for the seniors of the Treasure Valley. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 14 I hope you will join us in this effort tonight and I stand for questions with Becky, Joe Billig our architect and with our counsel Steve Bradbury. Thank you. Borup: Any questions for Mr. Neil. Barbeiro: Mr. Neil in the projects completion, how many employees do you anticipate the project will have and how many residents will the project have. Neil: The first question about employees, I’ll answer it in two levels. In the first phase that would encompass—all this technology running here—we would have in this first phase which is about the 106 living units that Becky mentioned and the senior health and fitness center, we would have about 80 employees. As we then would complete that building to be the 45,000 square feet of continuos building. We would be exceeding 200 employees. In terms of the number of residents, in the retirement potion of the project, we would have in the range of 700 living units. A portion of those would be attractive to couples and our experience has been about 50 percent couples would reside in cottages. About 40 percent single ladies and about 10 percent single men. As we move through the continuum then into the congregate care of the apartments, we (inaudible) 80 percent single ladies and 10 percent couples and about 10 percent single men. Once we get past the cottages we are not adding many more residents than the number of units. As we move to assisted living it is virtually all single people which is also true then at the skilled nursing level and at the Alzheimer’s level where one unit represents one resident. If we have 700 living units, that could take us to about 1000 to 1100 residents. Barbeiro: And that is in total throughout the entire 6 phases. Neil: That would not include of course the office park portion nor the apartment style rental units that will be along Franklin that we would be bringing forward later to you. Barbeiro: In the number of employees I assume that the employees that you have discussed were professional employees—nursing, health care professionals. Your also going to have housekeeping, landscape maintenance, etc. I want to get an idea of how many people we can expect coming in and out of there. Neil: The numbers I gave to you would be all of those people. Those would be full time equivalents and we also, in looking at traffic patterns, you would want to notice that our staffing during the day, our staff changes happen at 7 in the morning, 3 in the afternoon. Our heaviest staffing is in that 7 to 3 time. 55 percent of those staffing numbers I gave you would be onsite at that time. That would cover then also that morning peak traffic time. In the afternoon then, or evening then we drop back to about a 35 percent level that would cover the afternoon peak traffic time. Then there is a much smaller staff that would be on through the night. My point is that about 55 percent of the staff is on the site at the highest concentration of staff. We operate 24 hours a day and 7 days a week. Our staffing patterns are away from the 8 to 5 schedule. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 15 Borup: Any other questions? Thank you Mr. Neil. I would like to have Mr. Larry Sale come forward from ACHD and maybe –do you want to do a report or open for questions. Bring us up to date on where ACHD is. We do have your report. Read it. All 15 pages. Sale: Mr. Chairman, for the record I am Larry Sale, Supervisor of Planning and Development Services for Ada County Highway District, 318 E. 37th Street, Garden City. For the pleasure of the Commission, the information the Commission the highway district Commissioner's did act on the conditional use permit before you on January 5th , 2000 and passed that on to you with 10 recommended conditions of approval. More important of those to you, if you have that report on page 14, site specific number 3. It is very important to the transportation system and to the highway district that there be a full time connection between this site and St. Luke's Hospital. If that connection is not made in a satisfactory manner, then we will impose fees to offset the costs or some of the costs of reconstructing the Franklin Road, Eagle Road Intersection. That connection is very important to us. I have to apologize. I probably was not paying as close attention when Miss Bowcutt was up here as I may have but I heard her say something about one of the connections to St. Luke's being gated. Mr. Siddoway could you put—thank you. Let me read on but keep that one on the screen please. Commission also recommends that the primary streets within the development be constructed and dedicated as public streets. The locations and extent of those public street was to be coordinated with district staff. In meeting with the developer and St. Luke's, this will be a public road to the extent of this turn-around between Franklin Road and the entrance to their major park. This will be a public road from this turn around to connect with Montview Subdivision’s east boundary. We are not particularly concerned over the location of that connection to Montview. It has tentatively been shown at a location between two lots in Montview. We did make a requirement that that be located a minimum 400 feet south of Franklin Road for its connection with the main road. In future phases, this will be a public road from Franklin Road into this turn around and then extending over to this out parcel over here that will be developed for some commercial or office type uses. There will be 2 public street connections to Franklin Road located at appropriate locations for traffic signals. Finally, to assure all this as you are tonight, our commission was working with the conceptual plan for the project and the Commissioner's were somewhat concerned that it was somewhat or that enforcement of our conditions might be a little bit loose. Condition number 10 was added which specifies that the developer enter into a development agreement with the district that specified where the public streets are going to be, location and extent of those. The location and configuration of a public street connection to Montview Subdivision and the specific location configuration in terms of a vehicular connection between this site and St. Luke's. That was the point I made earlier. This southern connection between this development and St. Luke's campus is one which the highway district has concurred in. It is our understand and our recommendation or request to the City that that not be allowed to be a gated street. That that be –can be a private street, but that it should not be should be available for use at all times. The Ada County Highway District staff and the developer have reached agreement and principal of the issues that are important to the highway district. A written documentation of that Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 16 agreement is in preparation but not yet available. That agreement will be taken back to the highway district commission for review and acceptance when it has been agreed upon by highway district staff and the developers representative. Does this Commission have any questions of me? Barbeiro: Mr. Sale could you elaborate as to why they would prefer that the entrance into the private lot of St. Luke's hospital not be gated. Sale: Mr. Chairman, Commissioner Barbeiro if it is gated, it takes away its value as a detraction from the Franklin Eagle Road intersection. If that connection is gated, then all this traffic has to go back out to Franklin Road and go through the Franklin Road interchange to get back to the interstate or to get to Eagle Road. That is why it is our strong request that that single connection not be gated. There are other connections that will be gated and will be card operable I understand. We strongly urge that that southern connection between the two sites not be gated. Barbeiro: I am surprised that you are recommending the two stop lights there on Franklin. They seem awfully close together and then backing up into the Franklin Eagle Road intersection and since Franklin Road is currently two lanes, while I expect Franklin will be four lanes in the 7 to 10 years this would fall out. I am not certain when Franklin Road is intended to go to four lanes in that area. Sale: Mr. Chairman, Commissioner Barbeiro the signals will be located at one third mile intervals which is the appropriate and desired location for traffic signals on an arterial of the speed at which Franklin Road is or will be posted. They are appropriately located. Please take my word for that. With regard to the timing of construction, we will know in a few weeks, 3 or 4 weeks, the Commissioner's will adopt an update of our 5 year work program. While I am not sure how things are going to fall out right now with regard to funding, staff is recommending that this section of Franklin Road be moved up in the program and would be my or I would give you my full assurance that it will be widened to 4 lanes with left turn lanes at intersections within the time frame that this project will be built at. Borup: Any other questions? Mr. Hatcher. Hatcher: Two questions. First one is where do you currently stand with the developer on your development agreement. Hatcher: Mr. Chairman, Commissioner Hatcher we have reached, I don’t know what the attorney’s would call what we’ve reached. We have met and reached accord among between the staff and the developers representatives. That has to be memorialized on paper—all of the proper language put together and then taken back to the Commission for adoption, but we have agreed in principle with this plan, the location of the streets, the configuration of the streets, the connection to St. Luke's, the connections to Franklin Road and all the other or all of the 10 conditions that we included in the Commission action. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 17 Hatcher: I see. The second question. We are talking about this road being public up to this point here. The applicant talked about having a gate here, but you are requesting that this road be open to the public and that the proposed gate at this location not be put in there. For that to be a thoroughfare for the public, you’d have to remove both those gates and open this up as a public street. Now, where I am heading with this. I am looking at an earlier layout which obviously is not before us, but I think ACHD has seen this one where they have the public road coming through St. Luke's and connecting up basically from this point here, the public road coming up –this has been reconfigured a bit but the potential of this development here, the public road connection through here not interfering with the secluded community here was something along that means be acceptable to ACHD? Sale: Mr. Chairman, Commissioner Hatcher the previous route would have been great for a cut through and at one time we supported such a route until it was pointed out to us that if it served the public more than it served the development that the highway district would probably pay for it. Our goal is that this development take care of itself and it can do that by a connection out to the southern part of St. Luke's property and then travelling through St. Luke's property up to their driveway. This road here will not be gated. This road will connect this turn around and this connection to St. Luke's so that this will be a way that the traffic from the project itself can get to either Eagle Road or Franklin Road conversely, traffic from St. Luke's can use this route to get to Franklin Road, all of which will combine to lesson the impact on our little, fragile Franklin Road, Eagle Road intersection that is right now our primary concern. Hatcher: It was mentioned earlier that if there wasn’t an open public road that ACHD would be imposing impact fees for the improvement of that intersection. Could you elaborate on that. If this all remains as private roads, please elaborate on the impact fee versus private versus public road. Sale: Mr. Chairman, Commissioner Hatcher we have to be careful with our –my use of the term public road. A public road in my context would mean on owned by the highway district and the public and open to use by the public. Context here is a road that is going to be privately owned but it’s use will not be restricted. If I choose, I could drive from my home in Boise, off Franklin Road and take a turn and drive around through the project—which I will probably do when it is complete, and exit through St. Luke's. The alignment of that route is such that I am not going to save any time in my trip between Franklin Road and Eagle Road and vice versa. Henceforth, I would not use it as a cut through if that were a part of my daily commute. I would go ahead and fight the Q at the intersection and make my way through the public road system as best I could. With regard to the impact, the extraordinary impact fee or just an exaction, if this road is not constructed in a manner that there can be unregulated traffic between the complex and Eagle Road, then as future phases come back to you and presumable to the highway district, we would require a contribution toward the reconstruction of the intersection. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 18 Hatcher: Normal impact fees or additional? Sale: We can do it in one of two ways. We can impose an extraordinary impact fee on the project or we could exact a requirement to do a specific improvement to the intersection. Borup: Commissioner Sale, at this time though sounds like your saying it does have access to St. Luke's. That the gate would be on this side of the turnaround. This would be an open road? Sale: Mr. Chairman that’s the agreement we have reached. Borup: So at this point, at least the conceptual agreement is that you do have adequate access. Sale: That’s correct. Borup: Thank you. Was there any projected time frame on the development agreement? Is that something that you feel would or should necessitate the need to be completed before approval of this project before recommendation of this body anyway? Sale: Mr. Chairman, we had all good intentions of having a completed and having been to our Commissioner's by tonight. A funny thing happened on our way to the meeting. The legislature came to town and while it is not a matter that would concern the City, there are 5 bills introduced in the legislature which if passed would make it all most impossible for the highway district to buy right of way for improved roads. So, our legal staff has had its attention diverted to conversing with the legislators and therefore I stand before you tonight naked of a development agreement. I would have loved to have come here and waived it and said it’s signed. Borup: But you are comfortable with the progress to this point. Sale: Mr. Chairman I am comfortable with the degree of the cooperation we’ve had from the developer and their expression of agreement with conditions of the highway district. Does this conditional use permit go to the City Council? Borup: Yes. Sale: What time period would that take? Borup: Next month. It’s got to pass here first and then it would be the following month. Sale: Mr. Chairman, perhaps as a –we could satisfy both your concern and my concern and the concerns of the developer in regards to timing, if you would incorporate our 10 conditions of approval in your action that then says that they will enter into an agreement with the district and so they could not implement or perfect the conditional Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 19 use permit without that agreement having been entered into. I would hope that within a month we would have the agreement and have it signed by both the developer and the district commissioner. Borup: Thank you. Any other questions for Mr. Sale? Okay, we’d like to start public testimony. Mr. Creedy do you want to come up here first. McCreedy: Mr. Chairman and members of the Commission, however you want to handle it. I am happy to go now. John McCreedy, representing most but not all of Montview Subdivision residents. My address is 1275 Shoreline in Boise. I guess I was a little confused--- Borup: Hey John before you start could you clarify the representation and also are you going to be speaking in lieu of their testimony. McCreedy: I believe a couple of the residents are going to want to make specific comments on items, brief comments that I am not going to comment on, including the value of their real property and some recent appraisal work that has been done by Ada County. I will ask them to come following me and keep their comments brief. As far as the representation in the preceding that was before this on the St. Luke's matter, I submitted a map as a part of that showing the specific people that I did represent. I don’t have that map with me tonight. Borup: How about just a show of hands. McCreedy: That’s fine. As far as the people that are here from Montview. I did sent over by fax today a letter I wanted to hand to you, 4 documents. Borup: Is this different then from what we have all ready received. McCreedy: The letter on top is the same document. The 3 documents that follow I will discuss here briefly. I did make an extra copy for the Clerk and there are 4 other copies. I had understood previously tonight that the public hearing would remain open on the zoning and annexation request until all of the comments were in and also the conditional use permit. That might have been my understanding. In any event, the testimony that I am going to provide and that my clients are going to provide does relate both to the zoning and annexation and the conditional use permit. I recognize that you have all ready voted to approve the annexation and zoning application, our request would be that you reconsider that vote in light of the testimony that we are about to provide. We have basically two requests. The first is that you defer the zoning, annexation and conditional use permit application until ACHD has taken final action. The second is that if you decide not to defer it, that it be denied until certain conditions are met. Regarding the request for deferral, I understand what Mr. Sale has said, having been to everyone of the ACHD commission meetings that have been considered on the application. I have a little bit of a different take then he does. At the last commission hearing on January 5, 2000, the applicant presented, for the first time, Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 20 a plan regarding the configuration of public and private streets. That plan did not consist of the plan that you have in front tonight. That plan consisted of a verbal explanation of certain proposals regarding what might be public and what might be private. We were very concerned about that. Primarily from the access issue. So the commission voted that those issued be resolved and I wanted to point out for you page 13 of the ACHD commission Findings and Conclusions. Item 7 where the applicant is required to bring the development agreement that identifies the various public and private street connections back to the commission for review and approval. So as we stand here today, the ACHD commission, not the ACHD staff, but the body that makes the decision, has not seen a specific site plan that shows the various gates, the public street, the private streets and the connections. We think until that commission does see that plan and makes a decision on it, it is premature for this body to consider the application. Assuming that you do consider the application tonight prior to the time that ACHD acts on the issue of what should be public and what should be private, I wanted to point out certain facts that are in the record in front of you which we believe a support a denial of this application until additional public access issues are resolved. I want to make reference to your Meridian Comprehensive Plan, the fourth document that I provided to you tonight is a copy of a few selected pages from you plan simply so we can emphasize that. Your transportation goals are set forth at page 54. I would submit to you that current plan for public and private access streets with in this development as explained tonight does not comply with these goals in your plan. First goal is to monitor and coordinate the compatibility of land use and transportation system. This is item 1.4U on page 54. Item 1.4U says encourage clustering of uses and controlled access points along arterial, collector and section line roads. Your plans defines Eagle Road as a arterial road. So the plan encourages controlled access points along Eagle Road. As we explained many times in the past, the prior studies that have been done on Eagle Road encouraged the connection of the Montview to Eagle Road at the St. Luke's signalized intersection. Items 1.8U and 1.9U also bare some emphasis. They state that this commission in reviewing development applications should reserve and protect future transportation corridor rights of way through land use planning. Require all new development to provide adequate easements for future pathways and encourage non residential developments to provide adequate easements for future pathways. Similarly, and I am sure you are all familiar with your own zoning ordinance, but I wanted to emphasize section 2-418C of the Meridian City Code which is very similar to your standards for approving a zoning amendment, and it requires that proposed developments be adequately serves by essential facilities and services and essentially that they not be undo impact as a result of traffic related issues. If you take a look solely at the ACHD staff report without reference to any of the documents that we have submitted to this body in the past, including the very large package of exhibits that I asked you to include in your decision making tonight that we submitted on the St. Luke's phase 3 application that was previously in front of you. There are several things that are crystal clear. One, Eagle Road had traffic counts in August of 1999 of over 43,000 vehicles. In this staff report, ACHD staff is telling you that the high end level of service for Eagle Road, level of service is 42, 000. The conclusion is, Eagle Road is all ready beyond level of service F. Now last year you were advised, and this is application MAZ99-008, I believe it was the McDonald’s Chevron application that you heard, that Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 21 the acceptable level of service on Eagle Road was E and that was 37,000 vehicle trips per day. Regardless of what figure you do accept from ACHD, Eagle Road is all ready beyond capacity. ACHD advises you that in the staff report, the Eagle Franklin intersection is over capacity. That Franklin Road is level of service E and as I understand it, approaching F unless major changes are made. We submitted testimony previously to you that the Montview and Eagle Road intersection operates at level of service F and that is it quite unsafe. The conclusion that ACHD made was that in order to accommodate the Touchmark Development, Touchmark and its customers and its employees and the public that visits Touchmark, has to have access to the St. Luke's signalized intersection. There has to be some interconnection. I ask you to just think about the logic of this for a second. According to ACHD the primary streets have to be public. It is critical that there be a connection between Touchmark and St. Luke's so that Touchmark traffic can access the St. Luke's signalized intersection. Well, if that critical connection is not one of the primary streets in the Subdivision, then what is. That is the primary street and according to ACHD, the primary streets have to be public, yet Mr. Sale is testifying to you tonight that it is okay for the street that connects the two properties to be private. That just does not make sense. It also make absolutely no sense under your own Comprehensive Plan for Touchmark and St. Luke's to be connected so that the traffic from each development can have access to the signalized intersections on Franklin and Eagle Road and that Touchmark provide access to the Montview Subdivision which we think is in keeping with good planning, but that Montview Subdivision not have access through St. Luke's for the signalized intersection on Eagle Road. We have to connect two portions of the puzzle but we’re not going to connect the third portion of the puzzle. We think that is contrary to the provisions of your Comprehensive Plan that require proper transportation planning. The numbers that are in the ACHD staff report are a little over 9,000 vehicle trips per day. I don’t know if you’ve had the opportunity to look at the traffic reports that were prepared regarding the Touchmark application. If you haven’t I would again request a deferral and an opportunity to submit those traffic reports to you. I don’t know if they are in your staffs file yet or not. The two traffic reports that are relevant as far as I know are the traffic report I sited in my letter which was done by Six Mile Engineering and it is I think from the September October time frame of last year. Well Six Mile Engineering estimated that 40% of the traffic from the Touchmark development would use the Franklin Eagle Intersection. That is 40% of 9,000 vehicle trips per day. ACHD has told you that the Touchmark application can’t be approved unless there is a condition that that traffic be diverted away from that intersection, the broken Eagle Franklin intersection, and pass through the St. Luke’s site. So presumable there is going to be approximately 3600 vehicle trips per day from the Touchmark development going through the St. Luke’s site. And, as it stands right now, through the parking lot at St. Luke's. If it is important for the 3600 vehicle trips that Touchmark develops to go through the St. Luke's site, in order to avoid the broken intersection, well why in heaven’s name is it not just as important for the Montview residents who currently have very substandard access to Eagle Road, to have the same benefit. Also the same benefit for future uses of the Montview Subdivision. That just doesn’t make any sense. I did provide to you a copy of a letter that I sent to Touchmark’s counsel, Mr. Bradbury, who I have had a long and good working relationship on a number of projects. I wanted Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 22 to give you this letter simply so you’d know that we have been working somewhat with the Touchmark people. We haven’t reached agreement with them on everything, but we do sincerely appreciate their offer to provide public access stubbed to the Montview Subdivision to Franklin Road, a signalized intersection. That is part of the process here. That is part of the battle. Now, our position is, and we thought we had this solved the last time we appeared in front of this body, that that property also needs to be served with an access to the signalized access on Eagle Road. The logic is this, otherwise if all you are doing is stubbing a public road into the Montview Subdivision in order to access Franklin, your doing exactly what ACHD doesn’t want you to do and that is force the Montview traffic out through that intersection and through the broken Eagle Franklin intersection, which is defeating the purpose. I would submit to you that ACHD commission has not had an opportunity to look at all of the various gates and card readers and the whole concept of mixing a number of private roads with the number of public roads and separating those roads through gates. I think that is a fairly novel concept for this Commission and for the ACHD Commission and it requires some serious study. I would note that there is no traffic report that we are aware of had ACHD or hear that studies that specific issue. The use of the gates. Whether they will be sufficient emergency access, so on and so forth. (inaudible) a copy of a letter we wrote to ACHD on November 17 of 1999 and on page 2 of that letter I summarized what Mr. Sale testified to in front of this commission on September 16, 1999. I just wanted to remind this commission what the substance of that testimony was and at that time, as I understood it, the highway district as a body firmly believed that a public street should be put through the St. Luke's site at one time or another. Our position to you is now is the right time. It looks like a public street. It is going to act like a public street. It is going to be open to the public. Mr. Sale himself will be able to use it as will every one else. It has been described as a full time connection. It is supposed to allow traffic to be diverted away from the Franklin Eagle intersection. It will not be restricted. It will not be regulated. I could not think of a better definition of a public street myself with the exception of the dedication of the public street. The money issues. The transportation planning is there and the need for it is there and the need for it is there under your Comprehensive Plan. We would encourage you to either defer or deny until this public street connection through the St. Luke's site to the signalized intersection is firmly identified and the condition is incorporated to that effect. I certainly would stand for any comments and appreciate your patients. Borup: Any questions for Mr. McCreedy. Barbeiro: With staffs assistance, I do recall that this body here, our Planning and Zoning Commission, did request that a road go through to the St. Luke's intersection and that there was a difference of opinion in a final vote with City Council. Can somebody please refresh my memory on what City Council’s final decision was on that and END OF SIDE TWO No recording first minute or so on Side Three. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 23 Borup: Okay. Mr. McCreedy it sounds like the majority of your testimony is having a public street through to the St. Luke's intersection. I am sure you realize that is property that is not a part of this application. It’s off site improvement. Do you have a suggestion how this commission can even put such requirement. McCreedy: Well, I think that is a good question. But, I think the assumption has been that you do have that legal authority. Let me answer it this way. In 1995 ACHD recommended on the E.L. Bews Development applications, and I submitted copies to you— Borup: Wait a minute. Those projects have all ready gone through this commission. It has gone through City Council. We are talking about a separate issue here. I am not sure what was or wasn’t done in the past has much application here. McCreedy: If I might be able to respond. In 1995 a condition was imposed on the property that is now before you (inaudible) a prior applicant that there be a public road connection from the property now before you to St. Luke's signalized intersection. That recommendation is now before you again. And, in fact ACHD has made it a condition of approval that this applicant obtain access through the St. Luke's signalized intersection. Borup: Where did they mention that? McCreedy: It is in their findings and recommendations. It’s item number 3 on page 14. Borup: And where does it say it goes through—that was your words I believe. McCreedy: Item 3 page 14 ACHD findings and conclusions. Provide an adequate vehicular connection between the subject site and the St. Luke's Medical complex. Mr. Sale testified to you tonight that the purpose— Borup: Your statement was it that provide through St. Luke's complex to Eagle Road. Isn’t that what your trying to say? McCreedy: My understanding is it is a given. Borup: This says provide adequate vehicle connection between the subject site and St. Luke's complex. McCreedy: Right and Mr. Sale testified to you tonight based on the discussion and agreements that ACHD staff has had with the application and the commissions deliberations on January 5 that the purpose of that vehicular connection— Borup: Well, your just adding words here Mr. McCreedy and I just trying to clarify what was stated and— Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 24 McCreedy: If I might finish, what was stated was that the purpose is to allow the Touchmark traffic to access St. Luke's signalized intersection in order to avoid the Eagle Franklin intersection. Borup: That would be for employees, residents that want to access the freeway and not have to go through the intersection. McCreedy: Well with all due respect Mr. Chairman I would say that would be for the members of the travelling public who are also using those two facilities. And in answer to your question of what legal authority does this commission have to impose a requirement, that one developer obtain access through another property owners property, I think it is a condition that has been recommended by ACHD time and time again on development applications and it has been a condition imposed on development applications. I would say that the commission has preceded in the past on the assumption that it has that authority. In addition under you Comprehensive Plan and under your zoning ordinance, there are criteria and findings that are required to be made in order to support a zoning amendment and a conditional use permit. One of those criteria is that the property will be served adequately by essential public facilities and services such as highways. ACHD has recommended to you that in order for that condition to be met essentially, there has to be a connection through St. Luke's. That is also another basis for authority. If I might Commissioner Barbeiro answer your question on what happened with the City Council, as I recall and I read your recommendation again today, this commission recommended to the City Council that St. Luke's be required to dedicate 200 feet of right of way for future public road. After this commission made that recommendation, we met and discussed the issue with Mr. Sale. He issued a letter to the City Council saying in order for that public right of way to serve its intended purpose to allow future commercial development in the Montview Subdivision to make use of that public right of way, it should actually be a 400 foot right of way, not a 200 foot right of way. Mr. Sale issued that letter in order to clarify the testimony that he has provided to this commission on September 16th of 1999. We appeared in front of the City Council and they rejected all of the public right of way, not just 200 or 400, but the idea that St. Luke's be required to dedicate any public right of way what so ever and since that time we have appealed that decision to district court. That matter is now before Judge Bale. We are waiting for the record to be developed by the City of Meridian and then we will argue that issue to the judge and await her conclusion. Borup: Does staff have anything to add to that? Any other questions? Barbeiro: John on your discussion about providing an adequate vehicular connection, I do not read this to say that Ada County Highway District requires access through St. Luke's Medical Center, but that they wish to have that. If it doesn’t happen, then they will impose additional fees on the developer. While I do see this being fairly clear they are stating that if you do not provide access through St. Luke's you are going to have a tremendous amount of additional traffic that is going to go through Eagle and Franklin Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 25 and that because of the added traffic, we are going to require additional fees. I am not seeing the requirement of access through St. Luke's which seems to be your premise, which is ACHD is making a requirement of access through a neighboring property—a neighboring private property. Could you elaborate on that please. McCreedy: I’d be happy to and that is a good point. Commissioner Barbeiro and remaining members of the commission, I agree. What ACHD said was you have a choice. You can pay a lot of money to fix the intersection or you can gain access through the St. Luke's site—is the way I read their conditions. The next question becomes, what choice has the developer made? Well, the developer has made the choice to gain access through St. Luke's site. That is the terms of the development agreement that I understand are-—hat ACHD staff and the developer have reached accord on that we haven’t see and we have not yet had an opportunity to comment on to the ACHD commission. That is the choice the developer is making. Having taken that choice, the other alternative is not open at this time. Or at least it does not appear that it will be open. Therefore, I think it is save to conclude that the developer is not going to pay money to remedy the problems at the Eagle Franklin intersection. Which further reinforces my point, why would we want to allow one body of traffic to avoid that intersection and not allow another body of traffic. I think the choice is there. I don’t think the developer is going to take the choice of paying the additional money. I think it is a choice that in my mind is probably a loser or its not going to have any practical application. Barbeiro: John I agree with the premise but again please don’t infer that ACHD made the requirement that there be a roadway through another private property owners facility. Hatcher: Mr. McCreedy. I want to clarify my points on this discussion. We are talking about two specific issues. One is Montview's connection to the signalized intersection on St. Luke's. That was a discussion, another hot discussion in our recent past that has come before this body and passed on the City Council. Has been acted upon, and in your own words has gone on to district court. With that said, the time that we spend here discussing that is a mute point, in my opinion because what we are talking about here is Touchmark, not St. Luke's. The connection between Touchmark and St. Luke's per the recommendation that you pointed out does not use the word through, does not use the word to. It uses the word between and it states provide adequate vehicular connections between the subject site and St. Luke's medical complex—period. That requirement is because of this facility needing to have connection to the medical facility of the St. Luke's Hospital. That is what this requirement is for. Now if that connection isn’t there, then this facility has to go around Franklin, down Eagle to access that facility. Then that impacts the all ready over burdened intersection. That is the way I read ACHD’s written requirements. No assumptions. No premise. No reading between the lines. That’s what the written words are. I empathize with the Montview residents. They are in a rather tight predicament and I would love very much to help them. We are giving them an opportunity here to help them and ease their burden by stubbing into their east side. And, with continued talks that you have acknowledged that you have Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 26 been in, discussing with the developer you can help alleviate some of the burden with Montview. But, my recollection is that you as a representative of the Subdivision have also talked with and carried on a conversation with St. Luke's who was willing to provide to you your clients access to their facility and to their signalized intersection—at their costs might I add, to help alleviate that problem. I see both past applicant and present applicant being quite neighborly in trying to alleviate this problem, but I see the burden or the bottle neck not of the applicant. McCreedy: Do you want me to respond? Hatcher: Yes I do. McCreedy: I complete disagree with the concept that ACHD wants the applicant to make a connection to St. Luke's but does not necessarily go through St. Luke’s. With all due respect Commission, having attended all of the ACHD Commission hearing and having been involved in this debate for quite sometime, I think you have to turn a blinds eye to reality to not except the premise that the vehicular connection is to allow the Touchmark traffic, as Mr. Sale himself stated, to access the signalized intersection that abuts the St. Luke’s property on Eagle Road. That is not an assumption that is taken out of thin air. It is a valid, good reasonable assumption. Hatcher: I concur with that but I don’t –what I am stating here is what I am seeing your standing at the podium saying this is what is says and I’m sitting here reading that is not what it says. McCreedy: I think the truth will be told when the development agreement, if it is considered by ACHD in a public format, is spells that issue out. I think that will make it painfully clear that the connection between the two sites is to allow both sites—here is the discriminatory nature of the applications that are in front of you. Hatcher: You have answered and question and concerns. Thank you. McCreedy: I want to make a comment on the fact that St. Luke’s and Touchmark are being quite neighborly and we are being very obstructionist. That is very inaccurate. The offer that was made by St. Luke's had a number of very onerous restrictions included. I can repeat those restrictions here but we made it record on that last time. Therefore, it was unacceptable to my clients because it was essentially the predicate to St. Luke's having the ability to control future use of that Subdivision. We have tried to work with both of the developers and we have not reached a complete agreement. One of the reasons I provided you with my letter to Mr. Bradbury on January 3 was to express our appreciation of the fact that we have worked well with the Touchmark folks on the connection to Franklin Road. Barbeiro: Mr. McCreedy lets get back to the focus of Touchmark. Is the access into Touchmark’s property to the Montview residents adequate. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 27 McCreedy: It is a start. It starts to solve the requirements of your own Comprehensive Plan. That is to plan for controlled access points on principle arterials. Borup: John you want additional access to the Touchmark property then? McCreedy: No. What we want— Borup: That was Mr. Barbeiro’s question I believe. McCreedy: It starts to solve the problem in the sense that it gives the Montview residents, and I stated this in my letter and I stated it before, access to Franklin Road. What they now need is access to Eagle Road. Barbeiro: So today, with what we have before us and the people at Touchmark, the actions that we can take with regard to the Touchmark Development, there is no necessary action because Touchmark has provided you with adequate access as you have requested. McCreedy: No. What you have in front of you is a series of public and private roads. Montview Subdivision has access to the public roads. Since it is a private road, the use of that road will be controlled by Touchmark in the future. Therefore, Touchmark can restrict our use of their private and we will not be allowed to access their private roads to get to the signalized intersection. Only with those roads becoming public are we allowed to gain access both to the St. Luke's signalized intersection and the Franklin Road signalized intersection, which is our request. Borup: So where you concerned about the access would be restricted? Your saying somewhere in the future they may put a gate in. That is not indicated now. McCreedy: It is a private road. The owner of the road can restrict its use to whoever the owner wants to restrict it to. Borup: Okay any other questions? Thank you. Any one else who would like to testify on this application? Owenby: My name is Jim Owenby. I live at 3359 Montview. In looking at this and looking at what Touchmark has laid out here, it looked really good but there is one thing that I don’t see that they’ve addressed and that’s the irrigation rights that we have downstream of this. We don’t know are they going to put an enclosed line in, this being a closed campus, are they going to maintain this system themselves. Are we part of the maintaining the system. Where does this go. There is some real questions and with them turning water in on the 15th here in April, I don’t know as we need to be dragging a lot of dirt out there. It would be nice to have that issue under control before we get an irrigation. Borup: Would you like to address that Bruce. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 28 Freckleton: Mr. Chairman, members of the Commission, state code does require that water be passed through historical flows. Can’t be uninterrupted. Our city ordinances do require that inside the development that it be piped. I have not seen a piping plan myself either, but our ordinances do require that it be piped. As far as maintenance of it, I believe that they would be required to take care of the maintenance within the gated area. We do have ordinance requirements as far as the number of clean out boxes and far they can be spaced apart. I believe that would be all their responsibility. Owenby: Is it my understanding that they have purchase or they have what we call the old Holloway property. That borders right up to the east side of Montview. Is that correct? Do they assume the responsibility of repairing or fixing any of those boxes that was put in by St. Luke's. Borup: Bruce state that the water would be uninterrupted. It will have the same flow through to your property as it has historically. Owenby: Okay I guess kind of where I am headed is we got some problems with that system all ready. If we were to get this fixed in a timely fashion before we get water, I’m saying who do we deal with here. Freckleton: It is my understanding that that property is part of the land swap be St. Luke's and Touchmark. I am not sure who the ownership lies with. Borup: That is what it was previously by St. Luke’s so at this point no swap has taken place. Anyone else? At this point that property is owned by St. Luke's. There is intention for Touchmark to be trading that. Come on up. Anyone else. Griffith: Tricia Griffith, 3295 N. Montview. You wonder how St. Luke's is involved in this formula. If St. Luke's still owns that land and they are considering public access to Touchmark, I think we have to deal with St. Luke's. It is still owned by St. Luke's so I think if the road to the east goes through St. Luke's property (inaudible) Touchmark, we dealing with St. Luke's so I think we could deal with them on other road issues too. At the January ACHD meeting all the Commissioner's talked about was connectivity between all the developments. On every hearing we went to we heard nothing but connectivity. We asked for connectivity with both of the developments. Commissioner's (inaudible) it was always their intent to give us access to St. Luke's signalized light because they knew we were going to develop commercially. She says how did it happen that they don’t have access. I asked Larry Sale. So why weren’t we stubbed to St. Luke's road. He said we made a mistake. We meaning ACHD and the City of Meridian. He said that everybody was in such a hurry to approve St. Luke's that they kind of forgot about us. Any questions. Borup: Your talking public connectivity. Griffith: Yes I am. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 29 Borup: Isn’t that true that St. Luke's did offer access to your Subdivision. Griffith: Private access with conditions that were not acceptable to our residents. It would just meant that it would have just been private. We couldn’t develop and use their road. Borup: But you could have got in and out as often as you wanted without any restrictions. Griffith: They would have developed their side of the road and we would have to had to pay the rest to connect. Borup: That was what the original was when St. Luke's went in you mean. I was thinking of the one where they offered to pay I think $100,000. Griffith: Right just to their property line. Borup: Any one else. Hull: Jeff Hull, I am the director of architecture and construction services at St. Luke's. We are here tonight to share with you our support of this project. We think Touchmark has planned a very nice development. We have been working with Bernie and his team for some years now. They have been very responsive to our concerns and issues and the roadway planning that has been tonight, we have been very much a part of and we are again just here to support the project. It is a nice application and we welcome it as a good neighbor, we hope, in the near future. With that and hearing some other questions this evening, I will make myself available to answer anything you so desire. Norton: Mr. Hull, I am the newest member of the Planning and Zoning Commission. I am not privy to previous conversations, but what I have heard tonight so far, it seems to be a problem with Montview wanting to get out through your light at St. Luke's. It is also my understanding that it is being provided by Touchmark and St. Luke's has also offered to pay for a private road for those residents. Is that correct. Hull: Yes that is correct. We have had more applicants and more neighbors then just Montview who wanted to enjoy public access to our campus. We have expressed for many years, I think there is only a few faces that have been here as long as we have on this issue, concern with the unknown and the traffic impact on our campus to and through the signal. When we have an application or a project or developer who has a quantifiable project where we can look at traffic numbers, their engineering and impact on our system, we can then work in more detail and come to a more specific conclusion as to what we want--support and cooperate or fight against if you will. The reasons there were some conditions placed upon our offer to Montview, there is not a project proposed for the Montview properties. It is residential today. Our traffic engineer says we can handle their residential volumes for our signal without any impact on our Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 30 delivery system on investment there. Montview could develop into any number of developments, commercial, retail etc. that the traffic volumes generated to compromise our ability to get and out of our campus. That is why we have been so careful in considering the different requests through our campus and to the signal. Norton: Thank you. Borup: Any other questions. Any one else. Bair: My name is Lile Bair. I live at 3975 E. Franklin Road. I can see my life is about ready to chance. I am the little white stub in the middle of that and I want to say that I’ve been very impressed with Touchmark. They have been very open with me. I have met with Bernie. He told me what they had in plan or what they were going to do. I do have some concerns. She said something about—I don’t know what the policy is but I have never been notified period about any meetings that has ever taken plan in the City or County. If is had not been for Bernie, I probably would not have know the project was going to take place. I have never been legally notified and I am engulfed by it. Hatcher: You have never been notified. Bair: No. My neighbors has called me and asked me about it. I said what do you mean. I’ve got a certified letter. Well I have never received one. What I’d like to talk about tonight we’ve spent a lot of time on access into Montview. Touchmark looks like they said they would be willing to make an access. You can see, my property is long and narrow. If I was ever going to have the opportunity to develop I think that I would need some kind of access. I see that you know people said that they made mistakes in the past. They have not got the accesses taken care of. I would like to consider some kind of a stub road that I would have access to down the future if I ever decided to develop that that it would blend into the area. If not, I can see I could become land- locked and not really be able to do much with my property. As far as Franklin Road, I am glad I don’t have Mr. Sale’s job. We now—the two stop lights they are talking about putting in, they are all ready backed up at the stop light from Eagle Road past my entrance sometimes up to an hour and an hour and a half in the evening. By putting two more lights there, I don’t know if I will ever get out. I don’t know what your planning requirements are for barrier walls around developments. This is a large development engulfing one person. I don’t know..they said that they would put fences. I do have live stock. I am an old farm boy. I have lived in Idaho all my life. I have horses I bring in. I have cattle. I have chickens. Talked about getting a pig or two for the kids and— they are going to be a good neighbor but I don’t know how good a neighbor I am going to be and I don’t want a lot of complaining coming because I don’t know you know when you bring in young calves they bellow a lot at night and it takes a while to get whined. That is about all I am concerned with. The only other concern I have is everything to the east of me, I’ve been there 11 years has never been farmed, and I am concerned about the 2 million golfers, where they are going to go. They are going to look for haven and I am afraid I might be it. That’s all I have Thank you. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 31 Borup: Mr. Bair, just a point of clarification. Your address is 3975. Bair: 3975. Borup: That is the address that our letters show that a letter was sent to you. Bair: I did come in after my neighbors said that they had received them and I talked to somebody and they said oh, we did not have your address right and sorry. Borup: Mr. Sale, just a question that you can answer from right there, if you’d like. Just comment on what procedure on developing a piece of property like he has with—I assume his access to Franklin Road is –if a residential is grand-fathered any other type of development that be maybe right in right out restriction or something like that—would that be the extent of it? Sale: Mr. Chairman, members of the commission Larry Sale responding I did not observe what parcel was his. The western out parcel or the eastern out parcel. The property obviously has access to Franklin Road now and will continue to have access to Franklin Road. It is located such that it will meet our requirements for a full access driveway. You’ll be entitled to left turns in and out. There may be times of the day that will be a little bit inconvenient or time consuming but actually the addition of signals will improve the chances of getting out because they will cause interruptions in the flow of traffic between the signals whereas a mile of road with out signals the traffic tends to be uniformly strung out and makes getting onto the road more difficult. After those signals are installed, it may actually help his chances. He will always have access to Franklin Road. We can not take that away unless we want to buy his 5 acres or whatever. We are not in the market for anymore land. Borup: Anyone else. Willis: I’m Thora Willis. The address is 3555 Montview Drive. While I was listening to the representative Touchmark, he talked about his employees leaving at 3 o’clock. Three o’clock is the same time our middle schools and our high schools and almost the elementary schools get out. We have 10 schools that use Eagle Road and Franklin Road at that time taking children home. That is going to be a really large impact on Franklin Road and Eagle Road at 3 o’clock. Do you want those 10 schools? You know them. Okay. Borup: Thank you. Anyone else. Fuss: Jeff Fuss, 324 E. Montview Drive. Just a couple of quickies. On this deal on the St. Luke's private access, currently (inaudible) public road, their deal was open ended deal, $100,000. When the money runs out that is it. I deal with projects all the time on a smaller scope and we can eat that up in engineering. There was no quarantine that the project would be completed. Even if it was committed and completed, we’d had a private access and at some point they are going to shut off our access to Eagle Road. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 32 We’ve all ready been told that. There is no getting around it. We’d be left with a private road instead of our public road with controlled access. That is why is wasn’t acceptable. We have had some other offers that we’ve had similar types issues with. Borup: Who told you that you access was going to be shut off? Fuss: He just left the room. We’ve been told that several times at ACHD that in ITD’s plan for the future of Eagle, they are going to have to –the first thing they are going to do is limit us to right in right out and at some point that is going to become useless because we are going to have a right hand turn lane right in front of our Subdivision. Either we have to go down and on to Franklin Road to Cloverdale to Overland to get on the interstate or else we don’t go. Borup: Okay but they didn’t say that they was going to close your entrance though. Fuss: That is being thrown around as an option, if they could get us access somewhere else. With this public access that they are talking about through Touchmark, once they have that then we have completed a public and at that point if they so choose, they could shut it down. The other thing is we have not have any chance to meet with ACHD over where this public street is going to stub into our property, which brings up another point, if it is stubbed in, and they do need to shut off our access to Eagle Road, we won’t have any type of plan or anything up before this board, but somehow that land will be taken and the road will be put into our Subdivision. That happens all the time, so what is the difference between that and what we were talking about with St. Luke's. If they can do that to our Subdivision, then why is that different then doing that with St. Luke's. I wasn’t quite sure on that. That’s all I have. Borup: Okay, thank you. Anyone else before we wrap things up. Okay does the applicant have a summary they’d like to present. Bowcutt: Before we presented this project, my clients Touchmark met with St. Luke's and they had what I consider a very cooperative effort in trying to get some inter- connection between the two projects. It isn’t very often that you can get two separate parties or two separate entities to agree to some type of mutual cross access, especially when it impacts both properties but yet benefits the public as a whole, considering the Franklin Road Eagle Road current capacities. They were able to do that and they signed an agreement between the two agreeing to enter into an agreement for the cross access. I think the City should give them credit for that. The main issue all the time when we’ve been meeting with ACHD, St. Luke's has been involved in some of those meetings, was the fact that we maintained the integrity of both of these campus’ so we don’t have cut through traffic. Cut through traffic is very devastating and Mr. McCreedy talked about the traffic studies that were done. There were two that were done. One on this particular project, they looked at if is made no connection to St. Luke's and was solely accessing Franklin Road, the highway district then on their own dime, expanded the study to look at the other uses in the area like there is a large amount of ground next to R.C. Willey’s that is eventually going to Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 33 develop and so what is planned for the future as far as the traffic needs in this vicinity. It was determined that some type of a public street collector roadway going through Touchmark, through St. Luke's, bypassing that intersection, would not alleviate the current problem and it would be monies that the highway district would end up spending and then they would have to turn around and upgrade that intersection in the near future. So, that was not an option. I think that one thing you need to keep in mind is, Montview wants access. We are giving them public street access. We are paying to make that public street connection and we are doing our part. As far as St. Luke's is concerned, this is not a St. Luke's application. We can’t make any binding comments on their part. I believe that when they get connection to this signalized intersection at Franklin Road then that will alleviate the problems that they say they are having on Eagle Road. That will allow them to make left hand turns onto Franklin Road and therefore get up and make a left hand turn at the intersection is they want to go to the interstate. Mr. McCreedy talked about the development agreement. The development agreement is just like the annexation rezone development agreements that we do at the City. We go through your process. Your staff’s review, staff reports, findings, etc. and then one of the conditions is we enter into a development agreement where we put the specifics to the paper and make that a binding document. The highway district is doing that. The reason that they asked for that was they said, you know, this is a retirement community. That’s what we are approving. We want to make sure that that’s what happens here. It is a retirement community. We want to encourage you to make public street connections to Montview, so yes you were correct. We are penalized if we don’t, but it is not mandatory as Mr. McCreedy implied. We’ve got a good project here. They have spent a lot of time. We have worked with your staff over the past, I think in excess of a year, to come up with a plan that we felt could meet your ordinance requirements, benefit the City of Meridian, enhance this area and be a good neighbor to St. Luke's and a good neighbor to Montview. We feel that we have a project that can do that. One thing I’d like to address, one of the comments about the irrigation facility. We have all ready started working with Nampa Meridian Irrigation District in preliminary discussions on pressurized irrigation system and pump locations. The piping of the ditches which traversed this. Under state law we can not interrupt their irrigation. My understanding talking with some of the Montview residents, there is a box out there that is currently leaking at this time that they believe needs some attention. There is issues as far as the irrigation that we’ve got to deal with onsite, meeting with the neighbors, meeting with the district and those are things that we can work out. All of our piping or gravity irrigation plans go to your staff at Public Works for their review. They also go to Nampa Meridian, so there is kind of a two leg review. We ask you this evening to approve the project. We think it is a good project and phase one that we have submitted has detailed information. There is only two items that your staff commented on and that is we need to look at the parking and we need to look at the landscaping. I guess what I would suggest is that you incorporate whatever staff’s comments are, that be incorporated into the record as it moves on to the City Council for their review. Those are two pretty minor issues that typically we are working with the staff on how they want the islands configured, etc. Every X number of spaces as (inaudible) in the ordinance. They make sure we got 9X20 spaces. We got wheel restraints. Basic design information that I feel we can deal with prior to the council meeting. We’d like to Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 34 go forward. We want to build this this year and it is all ready close to March and it will take us at least 120 days to go through the process of plan review and so forth. We ask you and hope that you could move us forward. Any questions. Barbeiro: Becky can you tell me what you can do to insist that interior lot owner to access his property. Bowcutt: Oh, forgot to mention that, thank you. We show 3 potential points of access. The roadway comes right here, so here is a potential point of access. This culdesac comes here. Here is another one. And this culdesac abuts that also. What I have discussed with my client is the possibility of entering into some cross access agreement allowing that property to, at some point of time, get access into our project. Typically, that is a private agreement that the highway district at one time use to mandate cross access agreements. Now I think they encourage them, don’t you Larry. Wasn’t there some legal problems with mandating? Typically, they encourage these cross access agreements. I would hope that my client and the property owner can get together. I know that they have met a couple of times. Barbeiro: Of the assumption that Montview residents appeal to district court is denied, here your going to have residents here and here and the medical complex here. Access to these two properties the medical complexes would likely come through this public access. Let’s assume that after this is completed, Montview is sold off and you have a Albertson’s and a Home Depot there. Here is where the access is going to go through and that is the only access that they will have because we know that Eagle Road is going to be cut off. They may have a right in and right out on Franklin Road. Do you think your residents prepared for that much traffic going into a commercial development and that being their only access. Bowcutt: We discussed that in the site planning process with the applicant and the architect. As you can see, this project is separated by these rotaries. That is kind of where we delineate the end of the public street, the beginning of the private network. It is done here and here. As you can see, this is the first rotary here but the public street comes to the second one. Everything is kind of isolated as far as the complex is concerned off that public street or away from the public street. You’d have END OF SIDE THREE Bowcutt: which would obviously serve as the public and then we have this one here and this one here. The multi family—it is taking access off the loop. The same here with the cottages. As far as the impact on the interior residential, or the core of the complex, I don’t think that is going to happen as far as being devastating. As far as the stacking, obviously that would create more stacking at that light. Barbeiro: Are these commercial or residential? Bowcutt: Those are medical office. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 35 Barbeiro: So they are commercial. Is this rotary and this roadway large enough to allow for delivery trucks coming in and of a commercial development. Bowcutt: Yes. These would be built to collector standards. I had our engineering department review this rotary here to make sure that this turning radius would be acceptable for fire trucks and obviously delivery trucks. They said yeah, it’s works fine. It would work very, very well. Barbeiro: And what is your goal for abatement plan? I know it sounds funny but it is a serious matter. Bowcutt: A gopher crossing right here to the north. We are going to work with Larry and his sign staff for that. Gopher abatement, I probably recommend that they get with Ada County—I know they have some programs. Maybe it is through the extension service, I’m not sure, but you can retain them and they will go out and trap. Borup: Any other questions? Go ahead Sally. Norton: Mr. Commissioner. I have one question—actually two questions. The first one is what is your answer to Mr. Sale’s suggestion that ACHD does not want gated street. Bowcutt: My answer to Mr. Sale is we are obviously going to have to discuss the location of the gates. I think his concern is not necessarily at this location here as it is this location here with St. Luke's. It is kind of a three party system. Where ever those gates are located, we’ve got to satisfy ACHD or assure them that we are going to get that interconnection between the two projects. We also need to assure St. Luke's at the same time that we are not creating a public through fare and we are preserving the integrity of their site. If you noticed on that one drawing, this gate is in-set here. We still have a connection at this point and this point. There was a gate here. That is going to be delineated in that development agreement also. I am quite sure of it. Where those gates would be located exactly. Norton: Your still talking gates. He is talking no gates. Bowcutt: Yes. Norton: So your going to be talking . Bowcutt: Talking gates for the development agreement. Yes I think we need to talk about that. Norton: Touchmark has done this for 27 years. Do you have other developments like this in other cities such as Boulder and Evanston and how are they working. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 36 Bowcutt: I think Joe can answer, Joe do you want to answer that one. I know they are building a new one in Ogden aren’t they. Billig: Joe Billig with Touchmark. We are currently building a new project in Appleton, WI. We are opening a new community in Bismarck, ND. Basically we are through North Dakota, Montana. We have one in Kalispell and Helena, actually we are going to be building one in Kalispell. We currently have one in Helena and in Butte. We’re going to be starting a community in Ogden, UT and in Edmonton, Alberta. Norton: Do you have existing communities? Billig: Oh Yeah. Norton: How are they working? Billig: They are working beautifully. The traffic is what the traffic report said it would be. I think probably our oldest community is in Spokane. That is Waterford and South Hill and that is a fully phased community at this point. That’s been 10 years running now. The one in Vancouver Washington is about to see its second phase start. Borup: Any other questions. I still have a question Becky. You’ve covered some of the staff comments but not all of them. Storage area. Any comments on that. Bowcutt: I think asked staff asked us to (inaudible) on the site plan where we would have potential storage/maintenance area. Borup: I think they were talking storage also for the residents. Bowcutt: Right, like if they had an RV or something. Those were delineated right here in the southwest corner, next to Interstate 84 which is a real good place for that to be. This will be the maintenance facility with the building and then this would be an RV/boat storage right here. Borup: Any comment on the number. If there is adequate number of spaces for the— Bowcutt: I think Bernie will probably want to answer that because the spaces were determined on what their needs are. A lot of their residents obviously would not have RV’s because they need assistance. They do have residents that are very, very healthy and very active and may have a trailer or boat. Neil: Bernie Neil, Touchmark. This would be project number 16 for us of this character and type. We have presently no residents with RV’s or boats. Borup: Of all you other projects? Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 37 Neil: We have none. We have no residents with RV’s or boats. That is not because we have chased them away or forbid them or whatever, but that is what the reality is. Our anticipation is that we do need to provide a space here, but that it will be under utilized. We are, our criterion was 1 per 100 cottages or was it 1 per 50 or 20 cottages and we came down to more into the 1 to 20-30 cottages. Borup: Out of all 16 projects you don’t have a single RV or motor home. Wow. Thank you. Barbeiro: In your presentation you had discussed that there maybe housing on the site for possible younger housing. I assume you said something along the line of maybe employee housing or housing for non-retired. Could you elaborate on that and where that housing might be set and what kind of housing it might be. Neil: In this part of the project here along Franklin Road, we are anticipating that this will be rental apartment housing, probably configured in 6 to 12 plex units and that it would be unserviced, so it would not be taking part in eating in the dining room and that sort of thing. In this area here, these would be 6 to 12 plex units, multi story, likely two story and that their use then would be available to the senior public but in an unservice way. No in the same since that senior housing goes on here. It would also be then to people my age group—empty nesters. Then we would like, probably I know this is not—you don’t like to hear this probably and maybe and someday sort of thing—but that is the stage of the planning that we are at. We want to create a neighborhood and you can see here that there is several culdesacs that provide for separate neighborhoods and that one of those neighborhoods would be available then to not necessarily seniors or even empty nesters, but with the employees as St. Luke's reaches their build out here, they may exceed 1000 or maybe even reach 2000 employees that would be involved there. With the employees that we would be generating in our project on the retirement side, and the employees that would be within the medical office building complex, that would make sense to have a neighborhood there for people who would want that kind of housing opportunity next to their work. That was one part of what I said. Another was that for people who would be visiting St. Luke's, patients, family and that sort of thing, same way here, we do have a regional pull, so family that may be visiting from some distant away that we would have some of the units then set up here as it were for short term stay and they’d be fully furnished and be able to be utilized that way. So, not necessarily seniors. Barbeiro: Those units be transient for families and patients. Would they also have access to the entire –are you going to allow children to bicycle throughout the area as they live there. Neil: That leads me to a further discussion of how we treat gates. We don’t gate sidewalks, for instance. Or pathways. What we are trying to do is control vehicular access after dark and before sun up. It is during the night time. In practice, we have no facilities where our gates are closed during the day time hours. The gates are open at 7 o’clock, some places 6 o’clock in the morning and remain open then generally until Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 38 after dinner time. Depending upon the time of the year, in the winter time, they may close at 6 and in the summer time when there is daylight hours they may stay open until 10 o’clock. Our purpose for the gates is not exclusivity it is security. It is the night time security. We aren’t trying to stop people from climbing the fence. We know that we’d have to go to tremendous lengths to do that. We are not trying to keep people from walking into the project. In fact, we encourage it. What we are trying to keep from happening is that vehicles keep going all through the night time hours. That is the function of our gates. Borup: Thank you Mr. Neil. Becky, just a clarification. You did answer that but that was one of the concerns on staff was on the lot split situation. I think you stated that you felt that could be handled with a lot line adjustment. Bowcutt: Yes, through Ada County. Borup: Have you discussed that with staff at all. Bowcutt: I discussed it with Shari a few weeks ago and I did discuss it with Bruce and Steve this evening—how it works at the county. What is the time frame. I think their question was, if you submitted a record of survey at this point of time, how long does it take to process. My answer to them was then 4 weeks. The key time would be prior to the adoption of the ordinance by the council for annexation and rezone, which also would coincide with approval of the development agreement. We’d have to have that record of survey recorded and our approval from Ada County. I don’t see that as a problem. Oh, Steve did want me to address the signage. We show a rendering of the sign on the plans. It is a monument type sign that would be at the exterior at Franklin Road. The height of that monument is 5 feet. The width, its kind of on like a it has columns, brick columns on the side. My question to your staff was, do they count the columns as part of the square footage. They think—if they did count the columns, the square footage would be 100 and Steve indicated they are trying to keep it around 75. I am not sure, or like I said that is something we can work with staff. I think the key, the city is trying to make sure that people don’t have those R.C. Willey signs. It would be very similar to a residential sign into a residential Subdivision. Borup: And, there has been some consideration on the size of the project can have some bearing on the size of the sign too. Anyone here have any questions on the sign. Thank you. Does staff have any final comments? We can ask you later too, but—okay. Commissioner’s what’s you pleasure here? Hatcher: I have two questions to pose for discussion, well actually discussion. First question is since ACHD has put a development agreement requirement in their conditions of approval, can this body make recommendations and push the project forward with an outstanding condition of approval from ACHD, i.e. this development agreement. The second question is can this body move this project forward with an approval or denial to City Council without current and up to date staff review comments? We currently have staff review comments that are 90 days old with brand Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 39 new information that is just a couple of days old that we’ve talked about but is not been documented and recorded. Those are my two questions. I had asked legal counsel and the Chairman on those two questions. Borup: Would our attorney like to address that first? Mine would be more opinion probably, but go ahead. Swarthy: Mr. Chairman, we could move forward with that but it is probably not in your best interest. Both questions, because they did put the development agreement in there as a condition not a requirement, essentially the same thing. I would feel uncomfortable recommending to City Council approval. It sounds to me like the gate issue is a major issue that is part of the development agreement, correct? That is going to go to City Council and there is going to be a argument on that side and I don’t feel comfortable that way. It doesn’t sound like staff has spent much time at all, if any except for tonight, looking at this application. You could go forward but it would be awfully sloppy. Borup: Where is the concern on the gate issue. My understanding was it was no gated access to St. Luke's. Was there another— Hatcher: The applicant just proposed that the road that gives them access to St. Luke's be gated. ACHD is saying no gate. The applicant is saying we want a gate. They need to resolve that. It didn’t sound like it was going to get resolved tonight. Borup: I did not see where they were showing a gate. I don’t believe—did the applicant talk about a gate. If you did, I missed it. Bowcutt: This is still open here. This interconnection here and here still open into the complex. The gate is inset back here at the island, so we still have the interconnection between the projects and if you turn—coming out of the rotary right there. The gate would be inset at the island so we still have the connection north and south into the project. We are not closing it off. It will still be open. Hatcher: It was my understanding and I’ll let Larry address this question, it was my understanding that there was an additional concern beyond that. That the direct connection is the connection they are looking at, not the indirect connection or the public access but the direct—I’ll let him address that. Borup: Could you address that Mr. Sale. Was there a concern on any gates, if so I didn‘t see it in the staff comments. Sale: Mr. Chairman, Larry Sale responding. The prime concern is that there be adequate opportunity for communication between the two projects. I don’t think the highway district has any problems with that being restricted to (inaudible) provided at all times other than night time. We are mostly concerned with the business traffic and the customer traffic two and from the two complexes. As it was explained by Miss Bowcutt, Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 40 there is an un-gated route through the complex and as Mr. Neil explained, all the gates would be open during the day time. I think that resolves our concern about the gates. Borup: Your concern was some of these other gates getting from this complex to St. Luke's and whether that traffic would have been through a gate. Sale: That’s correct. If there can be unrestricted flow of traffic between the two major sources of traffic, then the two complexes were satisfied. Borup: But it would be unrestricted 24 hours a day for any residents. I am assuming they are going to have a code for the gate. The only people that would be restricted in the night time hours is non residents. You don’t have any concern with that. Sale: That’s correct. Borup: Any other questions for Mr. Sale. Does that clarify? Thank you. Barbeiro: Mr. Chairman, if Commissioner doesn’t have any more points— Hatcher: No, just those two questions. Borup: Any more discussion on those two. My opinion and as Mr. Sale stated, we can make recommendation incorporating a part of that is that the development agreement as—essentially there all of ACHD’s site specific comments be incorporated, which would answer that development agreement. The question on the staff review is maybe a different matter. Probably because it is a different project then they reviewed earlier. Do you have additional comment? Swarthy: Mr. Chairman, I would point out that just a couple weeks ago one of our favorite applicants was here asking for staff approval or asking for recommendation of approval and then working with staff while before we did the recommendations, this Commission did not allow that. That is not what this applicant is asking. It is similar, so I would ask that or point that out. There are not asking to negotiate any thing away, correct staff, so the difference would be that they are basically guaranteeing that they would go along with any staff recommendations, correct. Okay, so in that respect it is a little bit different but – Borup: Yeah they were—the other applicants Swartley: You could go ahead—(Inaudible over talking) Hatcher: Final written staff review comments can be compiled and be available for City Council’s final review with adequate time for the applicant to review and respond at that meeting? Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 41 Barbeiro: I still think we are going to get into the same problem we had. You told us not to make approvals on something without staff comments. Swartley: That was a little different. They were trying to negotiate out of a lot of stuff. I think the applicant here is just saying we will go along with what staff says, which is not what the other applicant said. Barbeiro: But they don’t know what staff is going to say yet. Swartley: So, that is the risk you run. Barbeiro: Okay, in that case if they are going to make a public statement now that we will go along with staff comments, if they should decide to change that, then it comes back here again and we start over. Swartley: True. Borup: (Inaudible) staff comments weren’t specific as far as what they require they just wanted a clarify, such as the storage space. I think Mr. Neil’s comments answered a lot in my mind on the storage space. That really surprised me. Barbeiro: I’d like to ask staff a question and Becky you may want to jump in on this too. When we have had platted plans and they go through phases, at lease we have the full plat. We have here a single ownership, one piece of property. My fear is that if we approve it, and it’s a single piece of property without having final designs on the entire sets of phases, that there may be no reason for them to return here for phase 2,3,4. They could come in and say, you approved it. This is our one property. This is it. Just because we are calling it phase 2,3,4 we are still going to build it and we don’t have to come back to Planning and Zoning Commission for those phases. Borup: So the question is probably is can they obtain a building permit. Would that be what your wondering. Barbeiro: Yeah. Siddoway: You don’t have this in writing but as per the testimony that was given tonight by the applicant, they said they pointed out the different phases and said that this will be coming through with a separate conditional use permit. That is what we will expect to see. We would not be granting building permits in those phases without a new conditional use permit, but it does need to be in writing. Barbeiro: So that would be included in staff comments. Borup: It could be included in our recommendation. Their request was conceptual approval of the entire project – a specific approval of phase one. CUP only phase one and all of the approved— Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 42 Barbeiro: I am trying to put it in perspective with the Crossroads Shopping Center where Dakota came in and gave conceptual but they were going to phase it in and they would come back each time as a new property was (inaudible) If it differed from their conceptual plan. Borup: This is a step beyond that. They are saying this is really—what we see here is all that’s being approved. The other, even though it is conceptual, they still be come back with additional CUP on each one. Norton: Mr. Chairman, back to the gate issue. I thought when we were starting to talk about gates, there were two issues. One was at the second round where that access is. Is there a gate there. Borup: Yes there is a gate right there. Norton: I have a question regarding irrigation that Mr. Owenby is concerned about. Those ditches need to get repaired so that the water comes when you start April 15th . How has that been handled last year when you were going through all this. Will it be handled properly again this year so those residents can get their irrigation water. Hatcher: It still isn’t. The property in question is still in control by St. Luke's. It is St. Luke's responsibility at this point of time to maintain those ditches…period. No matter what condition they are in. If they are broke, they need to be fixed. It is not a Touchmark issue. It is a St. Luke's issue. Borup: Once this is approved it becomes a Touchmark issue. Hatcher: Not until the land swap has occurred. Borup: Could there be some clarification on that. The question was on the maintenance of irrigation ditch, at what point does it become a Touchmark issue. It sounds to me like Touchmark wanted to get started right away. If there is going to be construction starting---go ahead Mr. Hull. Hull: Jeff Hull, St. Luke's. The transaction of the land exchange and or purchase has not occurred yet. I believe, not wanting to speak for their phasing, but their phasing of their improvements does not affect any particular property that St. Luke's owns today. So, irrigation is our responsibility and I have asked our superintendent to look into it. Maybe he has just not gotten that done, but we will follow through on that. We appreciate the importance of water and irrigation and as it passes to and through our property, it is our responsibility. Borup: Any questions. Does that answer your question completely? Okay. I think we are still back to Mr. Hatcher’s two questions and maybe we need to discuss this with staff a little bit and what their comfort level is. Any comments on that Steve. At the Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 43 beginning you mentioned I thought basically three things. The signage, storage area, the lot split situation. I can’t remember is you touched on any others. Siddoway: There are some other potential issues that may come up regarding their design standards, matrix on setbacks and thing like that. The 25 percent bonus density thing. Borup: Are those things effecting this first phase you mean. Siddoway: Possibly. It is kind of a unique situation in that we have minimum lot sizes but these aren’t going to be on separate lots. The minimum lot size in LO is 7000 square feet. A 25% reduction in that doesn’t allow this type of development and that is an issue that we need to resolve with a planned development ordinance to see how it relates. I don’t have an answer for that right now. Borup: In this case there are no specific lots. I guess just a designated lot line. A designated boundary as such. Siddoway: Therefore, I think it will be fine. The reason why they are showing what looks like lot lines on their plans is to show their where they are going to be measuring their setbacks from. I think we would support that but we need a chance to review that. One idea to throw out would be continuing this just for two weeks to the next regularly scheduled Planning and Zoning Commission meeting on March 14th . I believe that we could have a staff review of these site specific requirements for phase one done and to the applicant before then and you maybe just leave the hearing open for staff comments and ACHD comments if their development agreement is finalized by then just to incorporate those two. That would not be a major setback with getting them on— they still on the next, the same City Council agenda that they would if they were approved tonight and it would not be a whole two month setback. I think we can make that work. The other option is special meeting that is set for the 22nd of March and we could move it to that agenda, but I think we could make the 14th work. Borup: Does the 14th give us adequate notice time for City Council. Siddoway: One question for the attorneys if the public hearing would need to be left open in order to incorporate staff comments so that we may not need to notice it again. I don’t know if the public hearing needs to remain open to incorporate staff comments or not. So it would need to be opened and noticed. Borup: We will continue the hearing, right. We are fine. If a recommendation was made this evening, which City Council meeting would it be on. It would be March 21st. So we went to the 14th and it would be into April, the first meeting in April. We’re talking 2 weeks is what it will effect. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 44 Hatcher: Mr. Chairman, I personally would feel more comfortable in taking with Steve’s recommendation and continue this for another 2 weeks to iron out these loose ends. My vote tonight would reflect that. Barbeiro: Mr. Chairman, I am in agreement with Commissioner Hatcher. Borup: Okay, and you two have the majority of the three votes here. Barbeiro: With that I wish to make a motion to continue the public to our next regularly scheduled meeting March 14, 2000. Norton: I second that. Borup: Motion and second, all in favor. MOTION CARRIED: ALL AYES Borup: Any questions from the applicant. Okay so we are looking at giving staff enough time and then I assume you will be meeting with them during that time also. Siddoway: Yeah I am sure we will be on the phone and possibly have a meeting to resolve the remaining issues. Borup: Okay, I think what I might mention, I don’t know that we have a guarantee from ACHD that they would necessarily have their development agreement but as testify with Mr. Sale he felt that that would be our priority to make recommendation incorporating all of their comments which—so if we go ahead with that understanding, we may or may not have the ACHD, but sounds like we will have our staff reports. I guess the other thing that we should ask, have we got enough room on the agenda on the 14th . Okay and we do all ready have a second meeting set up in March on the 22nd , so we may be shifting something into there if necessary. Okay. Mr. Barbeiro. Barbeiro: Mr. Chairman, I wish to make a motion to adjourn. Hatcher: I second that motion. Borup: All in favor. MOTION CARRIED: ALL AYES Borup: Adjourned at 10:12 p.m. Meridian Planning and Zoning Commission Special Meeting February 22, 2000 Page 45 (Tape on file of these proceedings) APPROVED: __________________________ KEITH BORUP, CHAIRMAN ATTEST: _______________________________ WILLIAM G. BERG, JR., CITY CLERK