2009 08-20Meridian Planning and Zoning Meeting August 20, 2009
Meeting of the Meridian Planning and Zoning Commission of August 20, 2009, was
called to order at 7:00 p.m. by Chairman David Moe.
Members Present: Chairman David Moe, Commissioner Joe Marshall, and
Commissioner Tom O’Brien, Commissioner Wendy Newton-Huckabay and
Commissioner Michael Rohm.
Others Present: Ted Baird, Machelle Hill, Pete Friedman, Bill Parsons, Sonya Watters,
Scott Steckline and Dean Willis.
Item 1: Roll-Call Attendance:
Roll-call
__X __ Wendy Newton-Huckabay __X__ Tom O’Brien
__X__ Michael Rohm - Vice Chairman __X __ Joe Marshall
__X__ David Moe - Chairman
Moe: Good evening, ladies and gentlemen. I'd like to welcome you to the regularly
scheduled meeting of the Planning and Zoning Commission for August the 20th. At this
time I'd like to open the meeting and ask the clerk to call roll, please.
Item 2: Adoption of the Agenda:
Moe: Thank you. Next item on the agenda is the adoption of the agenda.
Commissioners, there are no changes to the agenda, so could I get a motion to adopt
the agenda?
O'Brien: So moved.
Marshall: Second.
Moe: It's been moved and seconded to adopt the agenda. All those in favor say aye.
Opposed? That motion carries.
MOTION CARRIED: ALL AYES.
Item 3: Consent Agenda:
A. Approve Minutes of August 6, 2009 Planning and Zoning
Commission Regular Meeting:
Moe: Next item on the agenda is the Consent Agenda. Commissioners, there is one
item on that, that would be the approval of the meeting minutes of the August 6th, 2009,
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August 20, 2009
Page 2 of 32
Planning and Zoning Commission regular meeting. Any comments, changes, or
anything to that?
Newton-Huckabay: None.
Moe: If none, can I get a motion to accept the Consent Agenda?
O'Brien: So moved.
Marshall: Second.
Rohm: It's been moved and seconded to accept the Consent Agenda. All those in
favor say aye. Opposed? That motion carries.
MOTION CARRIED: ALL AYES.
Moe: Although we don't have a real large audience, I will go ahead and at this time I'll
just kind of give you the -- the Reader's Digest version of how we will go about tonight's
proceedings here. I will open the public hearing and which, then, the staff will give a
brief overview of the project and explain the conditions and whatnot that were put
forward. After they are done I will ask the applicant to come forward. The applicant
will, then, have 15 minutes to discuss the project through. After he is done there are
sign-up sheets in the back, if someone in the public would like to speak in regards to
the projects, anyone coming forward will have three minutes time period. After anyone
that's signed up has spoke, I will, then, ask one more time if there is anyone else that
would like to make comment and they will also be given three minutes to do so. After
that I will, then, ask the applicant to come back up and, basically, answer any questions
that may have come up in the public hearing portion, after which, then, we will, then,
close the public hearing and, then, the Commission will deliberate and vote.
Item 4: Public Hearing: AZ 09-002 Request for Annexation and Zoning of 2.52
acres from RUT in Ada County to L-O (Limited Office) for Treasure Valley
Veterinary Hospital by Rich Shackleford – 2600 S. Meridian Road:
Item 5: Public Hearing: CUP 09-007 Request for Conditional Use Permit for a
1,504 square foot addition to the existing 2,112 square foot veterinary
hospital in a proposed L-O district for Treasure Valley Veterinary
Hospital by Rich Shackleford – 2600 S. Meridian Road:
Item 6: Public Hearing: CPA 09-004 Request for Amendment to the
Comprehensive Plan Future Land Use Map to change the land use
designation on 2.52 acres of land from Low Density Residential to Office
for Treasure Valley Veterinary Hospital by Rich Shackleford – 2600 S.
Meridian Road:
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August 20, 2009
Page 3 of 32
Moe: Having said that, then, I would now like to open the public hearing on AZ 09-002,
CUP 09-007, and CPA 09-004, for the Treasure Valley Veterinary Hospital and ask staff
to start.
Watters: Thank you, Chairman Moe, Members of the Commission. The first application
before you is a request for annexation and zoning of 2.52 acres of land from the RUT
zoning district in Ada County to the L-O, Limited Office District, in the city. Another
application, a Conditional Use Permit, for 1,504 square foot addition to the existing
2,112 square foot veterinary hospital and a Comprehensive Plan amendment to change
the future land use map designation on this site from low density residential to office.
There is a zoning map in front of you and it shows the location of the property. The
property is located at 2,600 South Meridian Road on the east side of South Meridian
Road, State Highway 69, north of Victory Road. Surrounding uses. Property to the
north is office, zoned L-O. To the east is rural residential property, zoned R-8. To the
south is Edmonds Court, the street. And to the south of that is rural residential property,
zoned RUT in Ada County. And to the west is a church, zoned C-G. The existing
veterinary hospital was approved by Ada County on this site in 1984. Two cell towers
approved by the county in 2005 and 2007 also exist on the undeveloped portion of this
site. The applicant wishes to expand the veterinary hospital and Ada County would not
let them expand without hooking up to urban services, so, therefore, the applicant is
requesting annexation into the city. The future land use map -- actually, let me back up
here for a minute. This is an aerial view of the property and showing the surrounding
properties. This is a future land use map. The one on your left here is the current
designation of low density residential for this site. The map on the right is the proposed
office designation. You can see that, how that correlates with the adjacent properties.
The applicant has submitted a site plan showing the existing structure. The proposed
addition. Two driveways to the site from State Highway 69, Meridian Road. Associated
parking, landscaping, and trash enclosure. Only a portion of this site has been
developed. The remainder of the site will develop at a later date. Currently it is one lot
there, but only a portion of it's developed. A cross-access easement is recommended
to be provided to the property to the north for future interconnectivty and to reduce
access points on State Highway 69. The UDC, Section 11-3H-4B, prohibits access to
State Highway 69 with expansion of the use. Upon expansion of the site, the applicant
is required to take access from Edmonds Court to the south, which borders the south
boundary of this property. A variance has been requested by the applicant for two
temporary access driveways to State Highway 69, as shown on the site plan that are
existing, until such time as the remainder of the site develops. At that time the existing
accesses will terminate and access will be taken from Edmonds Court. The variance
will be heard by City Council concurrently with this application when it goes forward with
your recommendation. The applicant has submitted building elevations, showing the
proposed improvements to the existing structure, as well as the addition. Building
materials consist of painted CMU, stucco, stone veneer, and corrugated metal siding
with asphalt shingle roofing. Staff is recommending a development agreement are
listed in Exhibit B of the staff report. Written testimony. The applicant has submitted a
letter in response to the staff report, requesting the provisions of the development
agreement be clarified -- modified as follows: The landscape buffers along the east,
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August 20, 2009
Page 4 of 32
south, and undeveloped portion of the west boundary, including the ten foot wide multi-
use pathway noted in provision 1.2.E, will not be required with construction of the
remodel addition to the veterinary hospital, but will be required in the future when the
remainder of the site develops. Staff is okay with this clarification, so we can go ahead
and add those stipulations to the development agreement. Provision 1.2G, Exhibit B,
requires a cross-access easement to be provided to the property to the north, with the
expansion of the veterinary hospital. The applicant requests, instead, that it be required
when the remainder of the site develops, as the ultimate site layout is unknown at this
time. Staff recommends the provision remain as it is, the only requirement for an
easement. The location of the actual access will be determined at a later date when the
remainder of site and the property to the north develop further. Staff just wants the
applicant to grant an easement for cross-access to the property owner to the north, a
blanket easement. The location does not need not be determined at this time. Staff is
recommending approval of this application, with the development agreement provisions
listed in the staff report. Staff will stand for any questions the Commission may have at
this time.
Moe: Thank you very much. Any questions?
O'Brien: Yes. Mr. Chairman.
Moe: Commissioner O'Brien.
O'Brien: Sonya, I -- maybe I'm a little confused here, but they want to have two
accesses currently with -- with some of the site not being developed fully; is that
correct?
Watters: Chairman Moe, Commissioner O'Brien, Commissioners, the two access points
they are requesting are existing and they are just requesting they be retained.
O'Brien: Okay. Because I was --
Watters: Because the UDC prohibits access to the state highway for expansion of a
site -- the applicant is requesting a variance to retain those accesses as temporary
accesses, until such time when the remainder of the site develops. At that time they will
extend the driveway access out to Edmonds Court.
O'Brien: Yeah. I'm sorry. I was curious, because there -- there is the access point --
the single access point after it's developed is -- it's going to be more -- more traffic going
through one entrance, instead of what it would be with two, so I was curious how that
happened, but I think you explained it pretty well. Appreciate that. Thank you.
Moe: Any other questions?
Marshall: Mr. Chair?
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August 20, 2009
Page 5 of 32
Moe: Commissioner O'Brien.
Marshall: First off, since this is -- also includes a change to the Comprehensive Plan
and we can only do that once every six months, I'm assuming this has been timed,
because it's actually six months and one day since our last and we have no others to
bring forth at this time and this is a good time to do it and --
Moe: We actually have one -- eight and nine are also -- when we get to a point where
we are going to make a decision, we will continue this hearing to the end of the meeting
this evening and, then, we will act on both at that time.
Marshall: Double-checking on that. Thank you. Second -- so, did I misread -- and the
city's recommendation was to limit the accesses to one access or to -- staff's
recommendation.
Watters: Chairman Moe, Commissioners, Commissioner Marshall, staff
recommendation is per the UDC, that upon expansion of the site, those two existing
access points, you know, be closed and that access be taken from Edmonds Court.
However, the applicant has requested a variance to retain those two accesses on a
temporary basis. Staff's recommendation on that variance will most likely be that only
one of those accesses remain.
Marshall: So, I did read that correctly.
Watters: However, the Commission -- or, excuse me, the City Council will make a
determination on that variance application. You're welcome to forward any comments
you may, though, on with your recommendation on this application for the variance.
Marshall: Appreciate that. Thank you.
Moe: Okay. Any others? Okay. Would the applicant like to come forward, please?
Please state your name and address for the record.
Erickson: Ross Erickson, 9543 West Emerald, Boise, Idaho.
Moe: Thank you.
Erickson: I'm here tonight representing the applicant on the three applications that
Sonya just described. The nature of the request for all three applications is -- is --
Sonya kind of touched on it, but, really, what the applicant wants to do is add about
1,500 square feet to an existing 2,100 square foot veterinary hospital. As Sonya
mentioned, the hospital is currently a permitted use in Ada County and it's functioning
with both accesses to Highway 69, which we are proposing to retain with the
application. With regards to the Comprehensive Plan amendment, I don't think there is
a lot of contention. I think staff pretty much agrees with our proposal as far as the office
land use designation. The nature of our request was to permit an L-O zoning
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August 20, 2009
Page 6 of 32
designation, so we could, then, submit a Conditional Use Permit for operation of the
clinic within the city. So, that's kind of how the string of applications was generated
from the get go. Sonya had gone through our response letter of August 29th that,
basically, went through some of the items that we wanted clarification on to the staff
report and I believe you guys probably have that in your packets. Do you? Okay. So,
items one and two were addressed. It sounds like she's just going to add -- or
recommending to add a clarification to the development agreement to clarify which
portions of the landscaping will be required with the remodel expansion project. Item
three was the variance request that will be heard by City Council, I guess, unless you
guys would like to provide some comments as well on that. And, then, item four, with
regards to the cross-access easement, the reason why we were requesting that this
condition of the development agreement be modified is that we really don't feel
comfortable dedicating an easement if we don't know where it's going to go. If we were
to dedicate some sort of a blanket easement to the property or to the north, we can't
just go take that easement back when the property actually develops and we know
where a future access road might align to Edmonds. At this point we really don't have a
clue as to how the balance of the property will develop with regards to service drives,
parking lots, building pads, et cetera, and it could be very well different, you know, five
years from now when the property develops or ten years, based on market demand,
than it would be today. The current owner really doesn't have a desire to develop this
ever, they just want to get their remodel done and continue operating their -- their
veterinary hospital until retirement, at which they will probably sell the property and fund
their retirement, so that's probably about it. And, then, just one additional item that we
had coordinated with Public Works and that's item five on that letter. Just as a point of
clarification, it's our intent to bring sewer service from the termination point of the
existing sewer main that is located in the easterly side of the Highway 69 right of way.
We are not proposing to construct the sewer main and manholes, which will drastically
reduce our cost to service the -- the building with the addition. Other than that, I didn't
have a whole lot more to add. For the most part we agreed with staff's report with
respect to the conditions that I just read that were noted in that letter. And with that I'll
stand for any questions that you have.
Moe: Any questions of the applicant?
O'Brien: Mr. Chair?
Moe: Mr. O'Brien.
O'Brien: I'm just curious and maybe, Sonya, you could help. So, in previous situations
where a cross-access needed to happen or -- because of the conditions -- things were
going to be developed later, I think -- what I'm thinking about is the parts and wrecking
supply over here on Fairview and Locust Grove, that the concern was where do we put
this access and I think that that is a concern of yours as well, is that I think we left it up
to the developer who developed it first to put the access -- cross-access where they
wanted to, what made the most sense, and if it needed to change and the developer --
they came afterwards, if it needed to change it would do it at their own expense. Does
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August 20, 2009
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that make sense that they could go ahead and build an access -- a cross-access where
they feel best serves their purpose?
Watters: I think in answer to your question, excuse me, Chairman Moe, Members of the
Commission, Commissioner O'Brien, I believe you're asking about if it makes sense to
construct an access to that property to the north right now at this time. We are not
requiring the applicant to construct that access right now, we simply would like the
access -- or the -- excuse me, the applicant to grant a cross-access easement to that
property owner to the north for future interconnectivity and any access.
O'Brien: Okay.
Watters: Upon further development of the site.
O'Brien: Makes sense. Thank you.
Rohm: A follow up to his question. Can't the applicant so designate the specifics of the
cross-access, just say we want to have it at this location and they can develop it at such
time as that adjacent property develops, rather than have it a blanket easement all
along the -- their north line.
Friedman: Thank you, Mr. Chairman, Commissioners, Commissioner Rohm. We
certainly understand where the applicant -- what the applicant's concern is. And we
were trying to balance this out, trying to figure out the best way to do it, because we --
in our discussions with the applicant and representative we have a pretty good
understanding of what their plans are and their current development plans. One of
those questions for us is a question of opportunity and the timing of the opportunity to
obtain the access and the easement and recognizing that we don't know how the
property to the north is going to develop, we don't really even know how the property --
this property developed. I mean we have some ideas how it might develop given what's
currently existing on the property. So, I guess staff's recommendation for the easement
was that it would be granted now and, really, what you would have would be the -- you
would have, essentially, the two legal parcel descriptions and so forth and, then, when
such time comes that development does occur in either one of the two properties, then,
we can nail it down at that point. It doesn't require any further action by the
Commission or the City Council, it's an administerial action of relinquishing and re-
recording. So, ideally, it doesn't get the applicant what they want. We recognize their --
again, their concerns. We are just kind of taking -- looking at the opportunity we have
now, because it could be as Ross had indicated, I mean it could be five, ten years from
now and, you know, if we weren't fully diligent at that point in time we might lose that
opportunity if for some reason someone wasn't able to check the -- the trail or the chain
of the conditions and that sort of thing. Either that or, you know, we are going to have
Sonya here monitoring the whole thing ten years from now. So, that's -- that's the basis
of our recommendation.
Moe: Uh-huh. Okay.
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August 20, 2009
Page 8 of 32
Erickson: Mr. Chairman, Commission, if I might, the -- we are not -- and maybe it's a
point of clarification. We are not contesting dedicating a cross-access through the site.
We just don't think now is the time to do it. We think that a provision in the DA more
than accomplishes what the goal of the city is to provide cross-access through the
property. So, say we provide a blanket access easement to this property and the
Shacklefords are tired and sell the clinic and someone wants use the property for a
different use and never develops it, now they have got a cross-access easement over
the entire property to the people to the north and it's just not the right time to do it. It's
my feeling that a better time to do it would be triggered upon future development of this
site, because at that time we know where it should go. We know how to define it. We
know what -- you know, where it can access, how we can do the operation and
maintenance for the access. At this point it's just too premature. So, we are not -- I just
want to clarify that we are not contesting the cross-access easement, we are just saying
that it makes more sense to do it with future development and I personally don't think
it's -- it would be fair to condition the property just to -- you know, so that an oversight
isn't made down the road. I think that, you know, the condition could be in the
development agreement that development agreement should be referenced at some
future date when the balance of the property develops.
Moe: Okay. Mr. Marshall, you had a question?
Marshall: I did for staff real quick. Pete, hasn't this been somewhat common place?
Haven't we done this a number of times with blanket cross-access easements in cases
like this?
Friedman: We have had -- Mr. Chairman, Commissioners, Commissioner Marshall, I
know in some cases we have it depends on the situation and the application. No
specifics come to my mind right now. Maybe Sonya or Bill can think of one. We did
have one that we have been working with where the -- we did have an access -- cross-
access easement -- well, we are actually still working on it -- required. There had been
a schematic site plan that had been attached to the easement. That development has
not transpired and so we are still trying to negotiate that easement back and forth and
that ultimately will probably be a blanket easement at this point until the two properties
on either side of the subject property actually develop.
Watters: I think this is kind of a unique site in that only a portion of it is being developed
at this time. Typically when we, you know require cross-access easements, they are
constructing that actual access at the time of development. So, this is a little -- a little
unique in that sense.
Marshall: But isn't it -- at that time we are actually defining exactly where that cross-
access easement is and I know we have seen a number of conceptual plans that have
come through where there is -- there was blanket cross-access easements required to
be nailed down once the site came through. And -- I mean can -- isn't that typically
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August 20, 2009
Page 9 of 32
done when we change the zoning, that we try to require that cross-access whenever we
change zoning within an area, don't we try to nail that down?
Watters: Annexation is the time with the development agreement that we typically, you
know, try to do that. As well as platting the property. We have done it both ways in the
past. You know, we have had -- we like to get metes and bounds legal descriptions with
an exhibit map and that's what Ross is, you know, referencing that he'd really like to do
on it, as would we, but it's just not --
Marshall: Right.
Watters: -- it doesn't make sense in this situation.
Marshall: We can be flexible and --
Watters: They could come back in the future -- Ross asked me this question earlier this
afternoon and I talked to our city attorney about it and I have yet to get back to him on
that, but asked if they would have to go back before City Council to vacate that
easement and our city attorney advised us that they would not, because that easement
was not approved by City Council, it's just a private agreement between the two
property owners, so it would not require Council approval to vacate, is what I
understand from our attorney. So, if Ross has questions on that, he may direct them
to --
Erickson: But we would still need to get the grantee to resign that easement, if you ever
wanted to give it up, if the site never developed, and, then, you would be kind of at their
mercy.
Watters: Maybe the city attorney has some suggestions on language that may be able
to go into that agreement that would allow them to define an exact location at a later
date.
Baird: Mr. Chair, Members of the Commission, the language that we are looking for in
this blanket easement would just say at a location to be determined in the future, this
easement is expected to be vacated and replaced with a specific location by agreement
between the two parties. You know, it -- I think what the Commission and staff is trying
to do here is actually cut you a break. They have the power now to tell you to put it in a
spot and, then, to undo that is even more difficult down the road. So, it's not just that
we are trying to prevent a staff oversight from a DA condition, we are just trying to put
future owners of both parcels on notice that there is an attempt to have a cross-access
at a point to be determined in the future.
Erickson: Mr. Chairman, Members of the Commission, we are fine with that. That
would trigger -- so when the property develops the easement will be granted then;
correct?
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August 20, 2009
Page 10 of 32
Baird: Mr. Chair, Members of the Commission, assuming that you want that question
answered --
Moe: Yes, I do.
Baird: It is to grant a blanket easement now with specific language in that blanket
easement that it would be replaced with a more definite easement in the future. We
have done this many times before. The situation that Commissioner O'Brien referred to
was at the Intermountain Outdoor Subdivision and they were required to put it in a
specific spot, again, not knowing how they were going to develop in the future and if
they need to change it they still need to yank the existing easement and replace it with
another one. Again, it's up to the Commission to decide how you want to do this. We
could go back and forth all night, really.
Erickson: Mr. Chairman, Members of the Commission, I don't know if the city's attorney
could help us smith some language to maybe define it in such a way that, you know, if
the applicants don't develop the site that the blanket easement goes away, like if they
were to sell this property to, you know, a user that didn't intend to develop it, yet maybe
they wanted to use it for something else and not plat lots, that that easement could go
away and, then, that would take the right away from the owner to the north to have
ingress-egress through this site.
Rohm: I don't think that's the intent of a cross-access agreement. I think -- I think the
issue here tonight that we are kind of struggling with is everybody, including yourself,
agrees that a cross-access needs to be placed at a later date, but your property owners
that you're representing want to be a party to that decision making process as to where
it specifically placed at such time as the property to the north develops, as opposed to it
being a blanket easement and let them chose where they want it at any point along that
property line. Is that kind of your position?
Erickson: Chairman, Commissioner Rohm, in a sense it kind of is, but it's more -- I
guess I don't understand why the easement -- because, you see, our -- my clients aren't
developers, they are -- they want to do an addition on their vet clinic.
Rohm: Right.
Erickson: So, they are not trying to figure out, you know, how they are going to plat a
lot down the road or where all this is going to -- all this is going to work. They are trying
to keep their costs as minimal as possible to get their vet clinic expanded, so they can
continue to operate out of it. So, we hate to encumber their property unnecessarily,
although we are not against committing to encumbering it in the future when the time is
appropriate. And that would be triggered by a provision in the DA for the cross-access.
And, then, you know, in the future if this property were to sell and a developer come in
and pick it up, there would be a DA provision that says cross-access needs to be
provided to Edmonds and, then, on that plat for that development it would say blanket
Meridian Planning & Zoning
August 20, 2009
Page 11 of 32
cross-access through the service drives. So, that's how we have handled them in the
past. I'm not -- I guess I'm confused why we are not doing it that way this time.
Marshall: If I may take a shot at this.
Moe: Yes, Mr. Marshall.
Marshall: A concern is that if an easement is not granted at this time, there is no
easement on the books, and your owners are not planning on developing this area to
the south here and the area to the north does develop, the problem is they are going to
say, look, we don't have access to Edmonds, there is no access there, so you have to
grant us access to the highway, which is what we are trying to avoid. We are trying to
limit the number of accesses to the highway. There is a lot of reason behind that. It's
so that the traffic flows at designed speed. So, we are trying to assure that that area to
the north has access, so that when it does develop up there it -- down the road your
owners sell the property and somebody else is saying, no, I'm not going to grant access
to that, I don't plan on ever giving easement access to that. And, yet, the people to the
north are trying to develop, then, that forces the only way for that to develop to go
access to the highway and we would prefer to see that go to Edmonds, so that the flow
on Meridian Road continues for the good of the entire city.
Newton-Huckabay: Mr. Chair?
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: I just -- it sounds to me like we are kind of getting into a little debate
on what Mr. Erickson and his client would like to see and what the city would like to see
and I don't think that's what we are here to do to debate that. The city has laid down --
or staff has laid down their conditions of approval, I think you have laid down your
position on why you disagree with those conditions of approval and I think as a
Commission now we are responsible for debating those and making a decision and
recommendation to City Council and, then, you can go -- I don't think standing here and
arguing over what you want and what the staff wants is going to do anything but take
another 15, 20 minutes.
Erickson: Sure. Mr. Chair, Commissioner Huckabay, that wasn't my intent to argue. I
was trying to just provide you some clarification and just, in addition, the property to the
north, they come in in 2005 and it was annexed and it was approved for reconstructing
the existing building to function as a real estate office and within the conditions of
approval for that site, they indicated that that property could continue to utilize access to
Highway 69 to a point when the site did develop in the future. But they were going to
permit that site to convert to a real estate office and still utilize that existing access
point, so for what it's worth.
Friedman: Yeah. Mr. Chairman and Commissioners, just as a follow up on Ross's point
there, when that was approved the annexation on that parcel to the north, that's the
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August 20, 2009
Page 12 of 32
Irwin property, there wasn't providing that they provide cross-access both to the piece
north of them and to the applicant's piece of property and that prior to the issuance of
any CZC for that property is when the easement has to be recorded. We can't find
record of a CZC being applied for or issued for that property, therefore, that access
easement has not been executed as yet. In addition, those conditions of approval said
that the vehicle access to that site was to be restricted to those approved by ITD and
the city access to Meridian Road was to be on an interim basis only and would
terminate within six months of alternate access being made available to that piece.
Moe: Thank you. Thank you very much.
Erickson: Thank you.
Moe: On the sign-up sheet, R.L. Shackleford. Okay. From the audience he has no
other comments. Other than that, there is no one else signed up. If there is anyone
else that would like to speak to this hearing? Seeing none -- okay. Well,
Commissioners, any comments? Discussion?
Newton-Huckabay: I have made a couple notes. Give me a moment to -- I recommend
we close the public hearing on AZ 09-002, CUP 09-007 and CPA 09-004.
O'Brien: Second.
Moe: Motion to close the public hearing on AZ 09-002, CUP 09-007 and CAP 09-004.
All those in favor say aye? Opposed? That motion carries.
MOTION CARRIED: ALL AYES.
Moe: Any further comments, Commissioners? And, again, depending upon that, if
anyone's making motions, it needs to be a motion to continue it to the end of the
hearings tonight and we will act on that -- on both of the comp plan changes at the
same time.
Newton-Huckabay: When we make our motions to continue, Mr. Chair, do we go ahead
and modify any conditions at that time?
Moe: I think we can do that when we are making the motion at the end of the evening.
Newton-Huckabay: Okay. Just has an opportunity to be fresher in the motion maker's
mind now. Okay.
Moe: I understand.
Newton-Huckabay: Yeah. I get that.
Moe: It's a Comp Plan amendment, so we have to wait.
Meridian Planning & Zoning
August 20, 2009
Page 13 of 32
Newton-Huckabay: I have a couple questions, Mr. Chair, on the sewer service.
Moe: Okay.
Newton-Huckabay: It does make comment that the city is okay with that change. I just
need to know how we would modify the condition in the motion.
Steckline: Mr. Chair, Members of the Commission, Commissioner Newton-Huckabay, I
don't believe that we would need to make any clarifications in any of the notes. The
notes state in there -- and if you give me a second to flip to -- it clearly indicates the
difference between mains and services. It says if there is any mains, then, we will
require easements, but since this is a sewer service, I don't believe we will have to do
any clarifications to any --
Newton-Huckabay: Okay. So, it was just a wording difference between the two --
Steckline: Correct.
Newton-Huckabay: -- understanding? Okay. So, no changes there. And am I correct
in that the comments and the notes from staff regarding the landscape buffers along the
east, south, and undeveloped portion of the west boundary would replace 1.2E? Let
me try asking my question. Would I replace 1.2E with the statement saying that the
staff and the city has no -- no concerns with that?
Watters: I think the existing provision can just be -- I think there can be a provision
added that only those requirements apply to the portion of the site that is developed.
The other one's just a clarification, but you can just say as recommended by staff per
the applicant's request would probably be sufficient to cover that. So, on the second
one, the 1.2G -- wait a minute.
Moe: That's in regards to cross-access.
Newton-Huckabay: Yeah. I'm thinking of the wrong -- I just want to make sure that I am
referencing the correct condition, so 1.2E, a ten foot wide detached multi-use pathway
is required to construct within public use easements. Which condition is the
landscaping one?
Watters: There is not a condition. He's just asking for clarification in the development
agreement pertaining to the landscaping, but there is not a provision specifically that
states that, that's why you can't find it.
Newton-Huckabay: Oh. I see. Okay. Including the ten foot --
Watters: The DA provisions were to apply only to development of this portion of the
site.
Meridian Planning & Zoning
August 20, 2009
Page 14 of 32
Newton-Huckabay: Okay.
Watters: The applicant's just wanting to clarify in writing that that is the case and that
they don't apply to the remainder of the undeveloped portion of the site.
Newton-Huckabay: Okay. And, then, what I am wondering is -- one of the reasons why
on this cross-access we would lose potentially if we don't require it now, the opportunity
to connect to Edmonton, which is -- or Edmonton --
Watters: Edmonds.
Newton-Huckabay: Edmonds.
Friedman: Mr. Chairman, Commissioners, the opportunity to connect to Edmonds Court
is actually for the property to the north, so we are wanting the cross access to be able
to insure that we have a flow of traffic from the property to the north through the site to
connect to Edmonds Court.
Newton-Huckabay: This only has a potential if we don't make sure that we are getting
an easement agreement to prevent that to the northern properties in the future.
Friedman: Yeah. Mr. Chairman, Commissioners, we already have a requirement to the
property to the north to grant this property owner cross-access to their property, so now
we are just trying to, you know, kind of add the belt to the suspenders to get the cross-
access agreement from this property to the one to the north to be able to initiate that
cross-access to Edmonds.
Moe: Mr. Marshall?
Marshall: I have one concern that just occurred to me. Some of the wording on the
cross-access easement on the property to the north stated something about within six
months of having access granted to them that they had to, then, withdraw their access
to Meridian and, then, follow the new access. So, would a blanket access across this
property kick that into gear and they have to take access across this property?
Friedman: Mr. Chairman, Commissioners, Commissioner Marshall, I'm not sure that's
the case, because -- if I may read to you the specific conditions.
Marshall: Please.
Friedman: And this is, again, from the Irwin annexation development agreement -- or
conditions governing development agreement. The first one, with respect to cross-
access is that the applicant shall provide cross-access to the parcels to the north and to
the south, which is the applicant's, prior to the issuance of this certificate of zoning
compliance for any future use, excluding the existing home, which is to be converted.
Meridian Planning & Zoning
August 20, 2009
Page 15 of 32
So, I think that contemplated that something beyond -- if they converted the home to an
office. The next stage they would have to take out a CZC and, then, execute the cross-
access agreement, but further it says the vehicular access to the site is restricted to
those approved by ITD and the city. Access to the site from Meridian Road shall be on
an interim basis only and shall terminate within six months of alternate access being
made available to the site. Now, on this case, because we are merely granting the
access easement, but since the parcel to the north hasn't initiated development so that
they can determine where an access way or a drive aisle might be, nor does our
applicant in this instance have an idea of where -- how the rest of the site would
develop. It's going to be a matter of timing. So, really, once -- you know, if the property
to the north for some reason decides that they can put a cross-access agreement in, a
cross-access, they -- to line up with the drive aisle that's to the west of the cell tower on
this site, then, they should -- they can take access from it, but the access still doesn't
exist to Edmonds Court. That's -- that's the kind of --
Marshall: The easement's there, but the access did not exist.
Friedman: Correct.
Marshall: Thank you.
Moe: Okay. Questions? Any other comments? Yes. Commissioner O'Brien.
O'Brien: Mr. Chair, just a -- I wrote down in my notes when I was reading through this.
Is there still a -- regarding the hours of operation, there was a comment that currently it
was is 7:00 to 7:00 and they wanted to change it to 6:00 to 10:00? Is that -- was that a
question?
Watters: Chairman Moe, Commissioner O'Brien, Commissioners, that is a UDC
standard for the L-O district.
O'Brien: I had down 7:00 to 7:00, but I --
Watters: You can restrict it further to the times they have proposed for their business if
you would like, but the L-O standard is 6:00 a.m. to 10:00 p.m. in the district.
O'Brien: Okay. Just wanted to clarify that. Thank you very much.
Newton-Huckabay: Mr. Chair?
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: I recommend we continue the public hearing for AZ 09-002, CUP
09-007, and CAP 09-004 to the end of this meeting.
Marshall: Second.
Meridian Planning & Zoning
August 20, 2009
Page 16 of 32
Moe: It's been moved and seconded to continue AZ 09-002, CUP 09-007, and CPA 09-
004 to the end of the meeting. All those in favor say aye. Opposed. That motion
carries.
MOTION CARRIED: ALL AYES.
Item 7: Public Hearing: RZ 09-003 Request for Rezone of 5.02 acres from R-8
(medium density residential) to L-O (limited office) zone for Bainbridge
Brighton Corporation – south of Chinden Boulevard on the west side of N.
Ten Mile Road:
Moe: Okay. Thank you. At this time I'd like to open the public hearing on RZ 09-003
for Bainbridge and start with the staff report, please.
Watters: Thank you, Chairman Moe, Members of the Commission. The next
application before you is a rezone request for 5.02 acres of land from R-8 to L-O,
limited office, for a church. The property is located on the west side of North Ten Mile
Road just south of Chinden Boulevard. Adjacent land use and zoning. To the north is
vacant agricultural land, zoned RUT in Ada County. To the east is Ten Mile Road, which
borders the property. Single family residential properties and a city park, zoned R-4 to
the east across Ten Mile. To the south is platted, but undeveloped single family
residential property, zoned R-8 and rural residential property, zoned RUT in Ada
County. To the west is platted, but undeveloped single family residential lots, zoned R-
8. This is an aerial view of the property. This is the site plan proposed by the applicant.
It shows one access point to Ten Mile Road and one access point to Broadbent Drive.
Thirty-five foot wide landscape area is required adjacent to Ten Mile Road, an entryway
corridor. A 25 -- or, excuse me, a 20 foot wide buffer is required adjacent to Broadbent
Drive on the north and a 20 foot wide buffer to residential uses is required along the
west and south property boundaries upon development of this site. The
Comprehensive Plan future land use map designation for this property is medium
density residential. However, the future land use category and their locations on the
map are conceptual in nature. The property directly across Ten Mile and a site where a
church was previously planned to develop on the south side of Chinden within the
Bainbridge development, are both designated for public/quasi-public uses, such as a
church. Therefore, staff does not believe a map amendment is necessary in this case
and believes that the applicant's request complies with the Comprehensive Plan. This
property was included in the annexation and preliminary plat for Bainbridge Subdivision
in 2005. This site was previously designated on the preliminary plat for single family
residential lots. No elevations were submitted of the future church building for this site.
Outstanding issues for the Commission are regarding access on this application also.
The access proposed to Ten Mile Road, an arterial street, and, then, the other access
proposed is Broadbent Drive, a collector street. UDC 11-3A-3A requires access to be
taken from the local street when available to insure the safety of motorists entering
streets, unless waived by City Council. Access to a local street is not available.
However, Broadbent Drive carry significantly less traffic than Ten Mile Road.
Meridian Planning & Zoning
August 20, 2009
Page 17 of 32
Additionally, a goal of the Comprehensive Plan is to limit access points onto arterial
streets. Therefore, staff is recommending sole access to the site be provided from
Broadbent. Additionally, the development agreement for Bainbridge prohibits access to
Ten Mile Road, other than the public street accesses approved with the preliminary plat
by ACHD. There was not an access approved with the preliminary A direct access to
Ten Mile Road for this property. The applicant submitted a letter in response to the staff
report requesting that access to Ten Mile Road be allowed as shown on the concept
plan. Staff is recommending approval of the rezone request with a development
agreement per the provisions stated in Exhibit B of the staff report. Staff will stand for
any questions the Commission may have at this time.
Moe: Thank you. Any questions, staff? Okay. Would the applicant like to come
forward?
Turnbull: Thank you, Chairman Moe and Members of the Commission. I'd like to thank
the staff for their presentation and their staff report and as Sonya mentioned, we only
have one point of disagreement now and that's --
Moe: Name and address for the record, please.
Turnbull: Oh. Excuse me. David Turnbull. 12601 West Explorer Drive, Boise. Staff
recommended conditions prohibiting access to Ten Mile Road is something I'd like to
address. In the citations in the staff report that Sonya presented, she references the
Comprehensive Plan, Page 114, Objective D, and I believe Sonya is referring to action
item number two, which says to restrict curb cuts an access point on collector, then,
arterial streets. Now, I don't think -- you know, the term restrict does not mean prohibit
and it's -- this provision applied to both collector and arterial streets. As was pointed
out, Broadbent is a collector street as designated in the Comprehensive Plan for north
Meridian. So, I guess I would differ with the interpretation of staff on that provision. I'd
also go -- you know, the term restrict means typically to limit, to set within bounds, and I
think we have done a pretty good job of that. You will notice on that site plan we put the
access onto Ten Mile as far away as possible from the intersection of Broadbent and
Ten Mile and we put the access on Broadbent as far away from the intersection with
Broadbent and Ten Mile. So, we have tried to create spacing for those access points,
so there won't be conflicts with the intersection. Now, if we were to have -- this site will
require two access points and if we had to put both of them on Broadbent you would
have one that would be very closely in proximity to the Ten Mile intersection, which we
believe would be a less safe condition. In the citation to the UDC 11-3A-3, it says the
following standards shall apply unless waived by the City Council, but we don't believe
that this is a standard that applies, because it says -- first of all, the intent of these
standards is to improve safety and we think that the layout that we have provided
provide the best safety for this site. And, then, in the following paragraph it says: Direct
access to an arterial and/or collector roadway. So, it's referring to arterials and
collectors. Both of these roads apply. It goes on to say where access to a local street
is available and Sonya correctly pointed out that access to a local street isn't available.
So, we would submit that, you know, we understand staff's position. I think perhaps the
Meridian Planning & Zoning
August 20, 2009
Page 18 of 32
interpretation is probably overly strict and could be interpreted the way I'm interpreting it
here is we are dealing with arterial and collector streets. We had taken the measures to
create the safest possible access points that work for us that the use proposed and we
all recognize this is going to be primarily a Sunday use when traffic is less heavy on any
arterial or collector street. Ten Mile Road is similar to Meridian Road where just last
year in 2008, September of 2008, we had another church site approved with similar
layout with access to the collector street Producer and access to the arterial street,
Meridian Road. Both Meridian and Ten Mile Roads, essentially, dead end at the rim or
at Chinden and so they are not major access roads all the way across the river and so I
believe that the plans currently call for three lane roads on both of those arterials. So,
we think this is an appropriate application. We ask for your support of the access points
as they have been depicted. We did have past meetings with ACHD. This is not at this
time a development application that's coming before them when the specific site plan is
submitted by the church, then, they will -- they will make their findings on the access,
but our staff level discussion with them said that they would support this access, as they
did on the church site on Meridian and Producer in the Paramount Subdivision. So, I
will stand for any questions.
Moe: Any questions of the applicant?
O'Brien: I have one question, Mr. Chair.
Moe: Commissioner O'Brien.
O'Brien: Mr. Turnbull, on the way out of the site, that access road on the south side of
the property -- I think that's the south side. You have parking stalls, et cetera, that seem
to be very very close to that access to Ten Mile and I'm concerned about the flow and
interference, if you might say, of vehicles coming in and out of that access point and
people that are parking or trying to get in and out of the parking stalls, it just seems like
that's a bottleneck right there that has safety concerns.
Turnbull: I didn't bring my pointer with me, so let me retrieve that. Are you referring to
this access point -- where am I?
O'Brien: On the bottom right-hand corner --
Turnbull: Well, the access on Ten Mile Road.
O'Brien: Yes.
Turnbull: And you're saying that the parking stalls are too close to Ten Mile Road?
O'Brien: Yes.
Turnbull: Okay. I think that that's something that we can address in a detailed
development application and if a few stalls need to be eliminated to provide more of a
Meridian Planning & Zoning
August 20, 2009
Page 19 of 32
throat to Ten Mile Road -- I think what you don't see there is that that -- that access
probably will extend further out before it meets the curb line of Ten Mile Road. What
you're seeing there right now is just the right of way line, which is significantly wider
than the actual curb line.
O'Brien: Okay.
Turnbull: So, I think that's something that can be addressed.
O'Brien: Thank you.
Moe: Any other questions?
Newton-Huckabay: Mr. Chair?
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: I just wondered if we had an aerial of this in the presentation. I just
want to -- you can carry on while I --
Marshall: Just -- Mr. Chair?
Moe: Yes.
Marshall: A little food for thought. I know that the City of Meridian traffic task force has
forwarded on to the City Council a recommendation to prioritize making Ten Mile Road
a larger north-south collector -- or arterial and enlarging that and highlighting that as a
priority for the city, because of a potential commercial growth and the like along that
road as well and other developments that have come forth and have been approved.
Moe: Okay.
Marshall: Something to think about.
Moe: Any other questions?
Newton-Huckabay: I have none.
Moe: Thank you very much. There is no one signed up in the public to speak. If there
is anyone that would like to make comment, you're more than welcome. Seeing none,
Commissioners?
Newton-Huckabay: Mr. Chair?
Moe: Commissioner Newton-Huckabay.
Meridian Planning & Zoning
August 20, 2009
Page 20 of 32
Newton-Huckabay: I recommend we close the public hearing on RZ 09-003.
O'Brien: Second.
Moe: It's been moved and seconded to close the public hearing on RZ 09-003. All
those in favor say aye. Opposed? That motion carries.
MOTION CARRIED: ALL AYES.?
Newton-Huckabay: We don't have -- Mr. Chair? Sorry.
Moe: Yes.
Newton-Huckabay: We don't have this map with an overlay of everything that's
approved all around this, do we?
Friedman: Mr. Chairman, Commissioners, we don't have that map. I do have a copy of
the preliminary plat of Bainbridge, if that would help you.
Newton-Huckabay: Yes.
Friedman: It's not a great one, but there is one here.
Newton-Huckabay: May I look at it? I'm sorry, I didn't realize you have to bring out the
other technology. So far so good.
Marshall: I appreciate the question. I'd like to see it as well, so --
Newton-Huckabay: Okay. Could you give me some direction here, perspective? This
is Chinden on the top?
Watters: Chinden on top. To the right is Ten Mile Road. You will see a triangular piece
of property that's vacant there, that's the out parcel.
Newton-Huckabay: Okay.
Watters: And, then, just right to the north of that is the subject property.
Newton-Huckabay: On the side of the road.
Watters: Where Bill's big old finger is.
Friedman: Where Bill's finger is.
Newton-Huckabay: Okay.
Meridian Planning & Zoning
August 20, 2009
Page 21 of 32
Friedman: Across from that square.
Newton-Huckabay: Okay. So, this is the -- is the collector here?
Watters: Broadbent is not shown -- well, it's not shown in its currently location.
Newton-Huckabay: Is that -- is that road that's there also Broadbent or is that another
road?
Watters: I don't know. We don't have street names listed on that little map. Pete said it
is.
Newton-Huckabay: Maybe it's farther south, but isn't the property to the south the one
that had the rezone and the C-G and -- am I farther north of that intersection?
Moe: I don't remember.
Marshall: I believe the one Commissioner Newton-Huckabay is referring to was another
mile south of this.
Newton-Huckabay: It was McMillan and Ten Mile.
Marshall: Right. On the south side of McMillan, I believe.
Newton-Huckabay: I thought it was on the north.
Marshall: It was on the north. So, it is directly south of this.
Newton-Huckabay: Bill looks like he might know what I'm talking about.
Parsons: Mr. Chair, Members of the Commission, you're correct, that was the
Comprehensive Plan amendment you acted on last August. It was Voltera commercial
CPA and Mr. Variel came in and rezoned some of that property C-G, C-C, L-O. I think if
Sonya goes back to the zoning map, vicinity map, you can see that zoning and how it
relates to this property.
Newton-Huckabay: I guess that's what I'd like to see. I'm trying to get an idea of -- if it's
not obvious, how many accesses we really are talking about from McMillan to Chinden
onto Ten Mile.
Watters: It looks like there is one collector access at the mid mile currently between
McMillan and Chinden.
Newton-Huckabay: And that's Broadbent?
Meridian Planning & Zoning
August 20, 2009
Page 22 of 32
Watters: Broadbent is proposed on the west side of Ten Mile. West Lost Rapids Drive
is on the east side.
Friedman: You also have Heroes Park that maybe take access -- Heroes Park taking
access onto Ten Mile south of Lost Rapids Drive.
Newton-Huckabay: Okay. Thank you.
Moe: That access they are looking for is a full access, too; is that correct? Onto Ten
Mile?
Watters: That is correct, Mr. Chairman.
Moe: Okay.
Watters: ACHD stated in their report that the applicant's proposed driveway locations
would be reviewed with the submittal of a future development application and that the
city should consider the need for cross-access among driveways on Ten Mile Road to
reduced access points. Just a little additional information from them.
Friedman: Mr. Chairman, Commissioners, we do have another exhibit that I don't know
if you will be able to make it out or not. It's kind of how that applicant has laid out the
church in relation to the balance of the subdivision, so --
Marshall: Is there any intent for that strip between the church and the outparcels or --
intent to be some type of pedestrian access through there or something like that or --
there is a strip between the church and the outparcel and if the outparcel develops
separately or never develops or does something else, that strip I'm wondering what it
could be used for or what it's intended use is for. Yeah. Right there. All the way to Ten
Mile.
Watters: The applicant will probably have to answer that. I -- you have closed the
public hearing, haven't you?
Marshall: We did. I think we did.
Moe: Are you wanting to get an answer on that?
Marshall: No. I'm okay.
Moe: Okay. Any other comments, Commissioners? Motion, Commissioners?
Marshall: I'll make a comment.
Moe: Please do.
Meridian Planning & Zoning
August 20, 2009
Page 23 of 32
Marshall: I am concerned about granting accesses to these major arterials and Ten
Mile is an arterial and going to become a larger arterial in the future, as is predicted by
City of Meridian. At the same time I'm torn a bit, because a church of this size, when
you have got that much parking, to even get people in and out, I'm not convinced it
makes it unusable, but it does make it difficult to get everybody through one choke
point, if there were one access up there. You just -- it's got to have a second to have
that many people coming and going all at one time when church disperses. The fact
that it is a church and almost all of its traffic -- the vast majority of its traffic will be on
Sundays does put it in a different light than a commercial project. A commercial project
at this place I would be pretty adamant against an access here. But seeing how this is
a commercial -- or a church and that the access will be utilized mostly on Sundays and
not during the work week or after hours, not during the working day. I have a tendency
maybe to lean the other way and to -- and possibly grant the access, to agree to it.
O'Brien: Mr. Chair?
Moe: Mr. O'Brien.
O'Brien: So, similar situation. We had that same concern on a church on Highway 69
between Overland and Victory on the west side. We -- they wanted to have access to
the state -- almost same -- similar layout. We denied having that extra access, because
they used a road much like -- I forget the name. The road just -- was it Broadbent? No.
Similar to that that they used access and they hadn't had a problem with that filling up --
almost the same size. And it worked out pretty well, because Meridian Road is quite
heavily traveled there and one of the concerns was, well, I'm not concerned -- one of
the statements that the applicant made was the hours of operation, which I think was on
a Wednesday evening and also Sundays. So, the traffic was not a big issue having
access to that particular situation and this is similar to that. I don't know if you
remember that -- that application or not, but I think it worked out quite well what
happened at another -- another access and I'm concerned about not only this
development now and the traffic flow on Ten Mile, but it's an increase like
Commissioner Marshall mentioned. So, I'm inclined not to have that extra access to
avoid certainly future issues when that road does have more traffic on it, so that's my
thoughts.
Moe: Okay. Well, a couple comments I would make. I somewhat agree with Mr.
Marshall, with the site the way it is and whatnot, it definitely is going to be in need of two
access points, quite frankly, and to put them both over there to the north, I think you will
have a bottleneck and cause more problems in traffic than you would trying to spread it
out. I guess I'll just take the example of the church just south of Cherry Lane that they
have and there are two access points into Ten Mile Road there and you got a major
arterial there at Cherry Lane and Ten Mile Road and traffic seems to flow fine. You also
have an Albertson's store -- there is a lot of activity there and it does not, you know,
seem to be a problem. So, therefore, I guess what -- what I would think about maybe
not granting a full access, but maybe doing a right-in, right-out onto Ten Mile Road
might be something to think about, but I really do believe you do need another access
Meridian Planning & Zoning
August 20, 2009
Page 24 of 32
point and it is far enough away from the other one to the south that I don't see a real
problem putting it on Ten Mile, although I realize what the UDC says, but I think in this
case I think that the access onto Ten Mile Road would probably be appropriate.
O'Brien: I like the idea of a right-in, right-out. I think that would solve half the problem,
but I'm concerned about a full access.
Newton-Huckabay: Can it solve the problem like it does on Eagle Road right there by
Schuck's where we all go left in the right-out or the right-in.
Moe: Any other comments, Commissioners? Do we have a motion from anyone?
Baird: Mr. Chair, before we take a motion, if I may address the Commission and remind
you that the discussion of the access is actually just -- you're giving input to the City
Council, but the variance isn't before you. I just wanted to remind you as you craft your
motion to avoid granting anything in particular, but you're certainly welcome to make
your comments to the City Council on that.
Moe: Thank you, sir.
Friedman: Mr. Baird?
Baird: Yes.
Friedman: And I agree, the waiver in this case is not before the Commission. Certainly
their opinions go forward to the Council that if they are inclined to express their
opinions, it isn't appropriate to -- if they feel -- right now the recommended condition of
approval is prohibition of access to Ten Mile Road. That was the recommended
conditions of the development agreement. If they feel there is some other type of
access that they might want the Council to consider, is it appropriate to recommend a
different development agreement condition or shall we just leave it at the conversational
level?
Baird: Mr. Chair, Members of the Commission, I would entertain that in sort of a
separate motion in the form of a recommendation, rather than part of your -- what's
before you tonight is the rezone and that condition of approval can't be changed except
by the City Council. So, there are a number of different ways you can do it. There is a
lot of ways to skin the cat, I guess.
Moe: There you go. Well, I will -- I will wait for one of the Commissioner here that's
going to make the motion and we will see how we go from there.
Marshall: I'm afraid I'm still a little confused here, because if part of the development --
there is no development agreement, it's just a rezone, but the staff report is
recommending no access, yet we are either approving or denying recommending
Meridian Planning & Zoning
August 20, 2009
Page 25 of 32
approval or recommending denial to City Council based on the staff report, wouldn't we
want to suggest modifications to our approval or denial recommendation?
Baird: Mr. Chair, Members of the Commission, Commissioner Marshall, if that is your
desire, have at it. Am I missing something? I'm getting looks over here --
Friedman: No. I think, Mr. Chairman and Commissioners, Mr. Baird, the action before
the Commission tonight is a rezone and similar to many of the rezones staff has
recommended that there be a development agreement and we have recommended that
as part of that development agreement there be a condition that prohibits access to Ten
Mile Road. As we got into earlier, there is not even a variance before you and, in fact, a
variance in this instance is not the appropriate vehicle, pardon the pun, to address
access. It may be a consideration of a waiver by the City Council, that's the specific
language of the UDC. So, when your recommendation, whatever it is, goes forward,
depending on what you recommend -- again, if it's not to the applicant's liking, they can
certainly at that point ask for a waiver on the prohibition to the access to Ten Mile Road.
My question to Mr. Baird was if you were inclined to -- through your discussion think
about something other than prohibition, you could just simply delete -- I mean if you feel
that -- again, we are not dealing with the site plan, we are dealing with a rezone. If you
don't think the access prohibition is appropriate, you could move to delete that from the
development agreement or the recommendations -- conditions of approval for the
development agreement. My other question I think to Mr. Baird was if you think there is
another configuration of what that access might look like, could that be included as a
development agreement condition also.
Baird: Right-in, right-out, is what --
Friedman: Yeah. Some other configuration. If that's the pleasure of the
Commissioners in their recommendation. Or if you feel that -- you know, as I say, you
want to --
Moe: So, basically, we could act on the rezone, basically -- I'm just going to say -- deny
the -- the access within the DA and, then, after the motion, then -- but making a
recommendation, then, to Council on what we might want to see as an access; is that
what you're saying?
Friedman: I'm saying that you have a range of possibilities in the proposed
development agreement conditions. You could -- you could just take it flat out and say,
hey, you know, we think -- you know, without saying it, you could just simply strike B that
prohibits any access to Ten Mile Road.
Newton-Huckabay: I'll take a stab at this.
Moe: Great.
Newton-Huckabay: Mr. Chair?
Meridian Planning & Zoning
August 20, 2009
Page 26 of 32
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: After considering all staff, applicant, and pubic testimony, I move to
recommend approval to the City Council of file number RZ 09-003 as presented in the
staff report for the hearing date of August 20th, 2009, with the following modification:
That DA provision 1.2.B be removed from the development agreement and handled
through some other vehicle. End of motion.
Marshall: Second.
Moe: It's been moved and seconded to move onto City Council approval of RZ 09-003
with the modifications as stated. All those in favor say aye. Opposed? That motion
carries.
MOTION CARRIED: ALL AYES.
Item 8: Public Hearing: CPA 09-005 Request for Comprehensive Plan
Amendment to modify the Future Land Use Map by changing the land use
designation from Office to Commercial for approximately 6 acres for
Macha Retail Plaza by Armstrong Consulting – south side of E. Franklin
Road, approximately 600 feet west of Eagle Road:
Item 9: Public Hearing: AZ 09-003 Request for Annexation and Zoning of 3.95
acres from Ada County RUT to C-C (Community Business District) for
Macha Retail Plaza by Armstrong Consulting – south side of E. Franklin
Road, approximately 600 feet west of Eagle Road:
Newton-Huckabay: And, then, I would just go on the record on behalf of the Planning
and Zoning Commission that we would be -- or some number of us are in support of
alternate access, such as right-in, right-out or possibly only right-out of the -- onto Ten
Mile.
Moe: Very good. Thank you, Commissioner Newton-Huckabay.
Newton-Huckabay: You're welcome.
Moe: At this time I'd like to open the public hearing on CPA 09-005 and AZ 09-003 for
the Macha Retail Plaza and start with the staff report, please.
Parsons: Thank you, Mr. Chairman, Members of the Commission. The application
before you tonight is a request for a Comprehensive Plan amendment and annexation
for properties located on the south side of Franklin Road, approximately 600 feet west
of Eagle Road. You can see here there are three parcels that are proposing to change
from office to commercial, the two parcels labeled as -- or owned by Macha, the other
property or parcel is owned by Mr. Holloway. Here is the aerial of the property as you
Meridian Planning & Zoning
August 20, 2009
Page 27 of 32
see it. Surrounding the site is rural residences to the north, zoned RUT in Ada County
and undeveloped commercial property zoned C-G. To the east is an office complex,
zoned L-O, and rural residences, zoned R-2 in the county. To the south rural
residences zoned R-2 in the county and to the west is rural residences zoned R-1 in
Ada County. Here is what the applicant is proposing tonight. As you can see, the site is
currently designated office on the Comprehensive Plan and on the right-hand side I
have highlighted the two parcels, how that would relate to the rest of the commercial
land use designations surrounding the property and its relationship to the county
residential property. The applicant has submitted a concept plan. The hashed -- the
dashed line represents the property not proposed for annexation and that, again, is the
Holloway property. So, really, the only concept plan and some of the features that staff
has recommended in the DA pertains to the Macha property, which are the two parcels
that I referenced earlier. Keep in mind that when -- Mr. Holloway's intent to annex into
the city we will expect some -- try to keep track of it and try to have some expectation
that this site develop in a similar fashion, but at this time they are not proposing
annexation, so we have not recommended any DA provisions regarding this portion of
the concept plan. So, what the applicant has done is conceptually proposed ten
buildings, totaling approximately 64,000 square feet. Similar concept designs that staff
is in favor of, of course, is the fact that all the parking is internal to the development.
One access point currently, as you have heard on earlier applications tonight, the UDC
does restrict access to arterial streets, but in this case this property has no side streets
to it and, therefore, the only access it can have to this property is from an arterial, so
staff is supportive of the one full access point from Franklin Road, with some additional
provisions that staff is recommending that the applicant provide a cross-access in the
future along the west boundary and also along the east boundary as shown in the
concept plan. It makes sense -- some of that county property to the west may
redevelop in the future, so we might as well try to get some of that cross-access.
Speaking with the applicant on the phone, the property owner to the west of this site
has indicated to him that he may want to redevelop that and change the zoning on that
property, so it certainly makes sense to have that cross-access and the applicant's in
agreement with that. It's my understanding that this building located here in the
southeast corner will be an outpatient surgery clinic for Mr. Macha and his doctors. The
applicant is proposing several plaza areas, a connecting pathway around the property.
Also one thing I'd like to point out as well is the applicant's agreed with the surrounding
neighbors to provide a CMU wall that would extend from -- if you can follow my arrow
here -- from the eastern property boundary going west and terminating about 120 feet
along the western boundary, which is at the edge of that southern Ada County
subdivision zoned R-2 at this time. The applicant -- on this concept plan the applicant
has shown a 20 foot land use buffer. The UDC does require a 25 foot buffer based on
the zoning that they are requesting. They are requesting C-C zoning. Keep in mind
that this property is zoned office. It would -- with that zoning designation or that land
use designation it would allow for medical and professional offices to be developed on
the site, but the applicant wants to have some supporting retail that would front on
Franklin, so the intention is really to have more of your office and professional services
along the southern boundary and have more your -- more intense commercial and retail
uses along Franklin Road. Because this site is also adjacent to an entryway corridor a
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August 20, 2009
Page 28 of 32
35 foot landscape buffer is required along that buffer as well. And the applicant has
complied with that requirement. Staff is recommending approval of the subject CPA
and annexation with the DA provisions listed in the staff report and with that I'll stand for
any questions Commission may have.
Moe: Thank you, Bill. Any questions of staff at this time? Okay. Would the applicant
like to come forward, please.
Armstrong: Good evening. My name is Jerry Armstrong, 4813 Lake Front Place,
Boise, Idaho. First of all, I'd like to thank the staff in preparing their report. They did a
very thorough job and we are in agreement with all the conditions of approval that are in
the staff report. I do have a real quick Powerpoint that I'd like to share with you and if
we can go to the next slide. We do on the Comprehensive Plan amendment, we meet
all the criteria for this amendment. The current designation is for office use and we are
proposing a change that allows a broader mix of uses on the site, including retail, office,
and service uses, as well as we would like the zoning to be compatible with the main
intersection there at Franklin and Eagle. Next. Land to the north is -- has a C-G
designation on the current -- or future land use map and it actually runs the entire length
of Franklin from Eagle passed Locust Grove to the north side and, then, there is
substantial amount of land on Eagle Road, both south and north of Franklin that's
already designated C-G. The idea of going in with a C-C was to have less impact on
the adjacent residential and that it reduces height and it also requires maximum building
sizes, so it restricts us to smaller buildings. You can see what the current future land
use map looks like. In the red are the C-G zones. You can see our site designated
there in the purple, which is current office or L-O. The land use map to C-C, we think it
will enhance the vitality of the City of Meridian. The mix of uses we were planning on
the use of restaurants, coffee shops, outpatient surgery, offices, and a certain amount of
retail. We want to compliment the surrounding residential and commercial and also the
idea that there is medical facilities at St. Luke's and already medical services being
planned across the street. You can see from this -- this is what the future land use map,
if you so approve it this evening, you will see the site there designated in red, which will
compliment the rest of the uses in that particular area. The conceptual development
plan, we are kind of proud of that. We have worked with Mr. Holloway in developing the
plan for Dr. Macha and they are in agreement, so, therefore, they agreed to come
through with the Comprehensive Plan change at this time. We think it's important to
have that cross-access to both the east and west to our neighbors. We also at our
neighborhood meeting -- one of the objections to this proposal was the fact that they
wanted the eight foot high CMU wall, so that's the reason we had it added in as one of
the conditions for our development agreement to have that eight foot decorative CMU
wall placed on the southern border and approximately 120 feet along the west where
the Yoder -- I believe it's the Yoder parcel, which is residential as well. We anticipate
that in the future there will be additional need to extend the retail and office complex to
the west and so this allows for that -- that transition. We have been through Ada
County Highway District, they have approved the access off of Franklin Road as a two
way in and out and were very complimentary in their comments that we got from them,
because we, actually, are dealing with two separate parcels and this reduces the
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August 20, 2009
Page 29 of 32
number of accesses from two down to one. So, that's a giant step forward. We are
also proud of the site plan in that we are incorporating interconnected pathways
throughout the site, as well as water amenities were also parkway access off of Franklin
Road, as well as water features and hardscape. So, we think all in all to date we have
already had interest just from the sign that's out on the site of two office users who have
the need for office buildings approximately 3,000 square feet each, plus another
building of approximately 5,000 square feet. In addition to that, Dr. Macha's also
planning a surgery center on the site, which will be complimentary to -- to be located
next to -- or close to at least St. Luke's. So, with that I'll conclude my remarks and if you
have any questions I'll stand for those questions at this time.
Moe: Okay. Any questions of the applicant?
Newton-Huckabay: I have none.
Moe: Well, thank you very much.
Armstrong: Thank you.
Moe: There is no one signed up, but if there is anyone that would like to speak to this
hearing, you're more than welcome to come up at this time. Well, everybody's fairly
comfortable here, so there is no one that wants to come up. So, Commissioners, any
comments? I guess my only comment would be that I happen to think this looks
fabulous, quite frankly. It's -- I hope that it moves forward quickly and develops well and
I think for the conceptual development it would be a great project.
Newton-Huckabay: Mr. Chair, I think that the development agreement provisions do a
pretty good job of outlining the expectations based on their concepts, so I'm pretty
comfortable with it. That was my only concern is that we were covering -- you know,
being it is only a concept plan and a CPA and AZ, you know, I --
Marshall: I must say it does appear that they have worked well to try to address any
concerns of the neighbors and seeing that no one is here to speak against it, it appears
that they have done pretty well with that.
O'Brien: Mr. Chair?
Moe: Yes, Mr. O'Brien.
O'Brien: I move to close public hearing CPA 09-005 and AZ 09-003.
Rohm: Second.
Moe: It's been moved and seconded to close the public hearing on CPA 09-005 and AZ
09-003. All those in favor say aye. Opposed? That motion carries.
Meridian Planning & Zoning
August 20, 2009
Page 30 of 32
MOTION CARRIED: ALL AYES.
Moe: Any other comments, folks? Here, again, this is a comp plan amendment and it
is the last one here before we do the other one continuing, so we can go forward and
make a motion.
O'Brien: Mr. Chair, after considering all staff, applicant, and public testimony, I move to
recommend approval to the City Council of file number CPA 09-005 and AZ 09-003,
with no modifications.
Marshall: Second.
Moe: It's been moved and seconded to move onto City Council recommending
approval of CPA 09-005 and AZ 09-003. All those in favor say aye. Opposed? That
motion carries.
MOTION CARRIED: ALL AYES.
Item 4: Public Hearing: AZ 09-002 Request for Annexation and Zoning of 2.52
acres from RUT in Ada County to L-O (Limited Office) for Treasure Valley
Veterinary Hospital by Rich Shackleford – 2600 S. Meridian Road:
Item 5: Public Hearing: CUP 09-007 Request for Conditional Use Permit for a
1,504 square foot addition to the existing 2,112 square foot veterinary
hospital in a proposed L-O district for Treasure Valley Veterinary
Hospital by Rich Shackleford – 2600 S. Meridian Road:
Item 6: Public Hearing: CPA 09-004 Request for Amendment to the
Comprehensive Plan Future Land Use Map to change the land use
designation on 2.52 acres of land from Low Density Residential to Office
for Treasure Valley Veterinary Hospital by Rich Shackleford – 2600 S.
Meridian Road:
Moe: At this time I would like to reopen the public hearing for continued on AZ 09-002,
CUP 09-007, and CPA 09-004 for the Treasure Valley Veterinary Hospital for the sole
purpose of discussion and, then, action by the Commission. Any other comments,
questions, Commissioners, in regards to the Treasure Valley Veterinary Hospital?
Newton-Huckabay: Mr. Chair?
Moe: Commissioner Newton-Huckabay.
Newton-Huckabay: At the risk of just sounding like I'm not getting it -- and I'm just not
getting it, I don't understand why -- I'm not making the connection between why the
applicant is so dead set against this and the staff wants it and why they are so far part,
because this doesn't seem like an encumbering issue to me. So, I feel like there is this
Meridian Planning & Zoning
August 20, 2009
Page 31 of 32
pink elephant as information or something that I don't have that I'm not -- what am I not
getting here? Why is this such a contentious issue?
Moe: Well, if you're asking my opinion, all I can tell you is this and that is that on past
projects one of the main directives that we have always done is to verify that we get
cross-access. Therefore, staff is recommending the cross-access. I agree with staff, it's
needed now. I think there has been a lot of leeway simply because we are not making
them set a location. It can happen when they are ready to make it happen and they can
discuss that with the neighbor to the north when all that happens. I think we are giving
them a lot of leeway here and, therefore, I guess my point is is that I'm in favor of this
project and I'm in favor of the staff report the way it's written. Did I answer your
question? Probably not.
Newton-Huckabay: No.
Moe: But at least I gave you my opinion.
Newton-Huckabay: Yes. Thank you. And your opinion in valid.
Friedman: Mr. Chairman, Commissioners, Commissioner Newton-Huckabay, there is --
you know, clearly we have made a recommendation and agreement. I don't think it's --
there is not that much contention, really, between the applicant and the staff, it's just
kind of a difference of sequencing and timing. So, again, from our perspective it's better
to -- you know, strike while you have the opportunity.
Newton-Huckabay: Okay. Well, that's how I understand it, so I guess my last comment
would be Mr. Erickson at City Council maybe can do a better job of making your case
against and with said I will go ahead and make this very length motion, unless one of
the other Commissioners would like to do so.
Moe: I believe everyone's been waiting with bated breath to listen to you.
Marshall: She is so good at these.
Newton-Huckabay: Cowards. Okay. Please bear with me, this one will take a little
while.
Marshall: Understand. If I were to make an attempt it would probably take seven
attempts.
Newton-Huckabay: Okay. After considering all staff, applicant and public testimony, I
move to recommend approval to the City Council of file numbers AZ 09-002, CUP 09-
007, and CPA 09-004 as presented in the staff report for the hearing date of August
20th, 2009, with the following modifications: That in the DA provisions it is clarified that
the landscape buffers along the east, south, and undeveloped portion of the west
boundary, including the ten foot wide multi-use pathway as noted in provision 1.2.E, will
Meridian Planning & Zoning
August 20, 2009
Page 32 of 32
not be required with construction of the remodel addition to the veterinary hospital, but
will be required in the future when the remainder of the site develops. No comment or
change is needed to the sewer service and no comments, changes needed to the
cross-access easement. End of motion.
Rohm: Second.
Marshall: Second.
Moe: It's been moved and seconded to move on to City Council approval of AZ 09-002,
CUP 09-007, and CPA 09-004, as stated. All those in favor say aye. Opposed? That
motion carries.
MOTION CARRIED: ALL AYES.
Moe: Commissioners, there would only be one more thing to do.
Newton-Huckabay: Mr. Chair, I move we adjourn.
Marshall: Second.
Moe: It's been moved and seconded to adjourn. All those in favor say aye. Opposed?
MOTION CARRIED: ALL AYES.
Moe: We adjourn at 8:37. Thank you.
MEETING ADJOURNED AT 8:37 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
APPROVED
______________________________ _____|_____|_____
DAVID MOE – CHAIRMAN DATE APPROVED
ATTEST:_____________________________________
JAYCEE L. HOLMAN, CITY CLERK