Planning and Zoning - Regular Meeting

Good evening. Welcome to the planning and zoning commission meeting for April 16th. At this time, I would like to call the meeting to order. The commissioners who are present for this meeting are at city hall and on Zoom. We have staff from the city attorneys and the city clerk's office as well as the city's planning department. If you're joining us on Zoom this evening, we can see that you are here. You may observe the meeting. However, you your ability to be seen on screen and talk will be muted. During the public testimony portion of the meeting, you will be unmuted and then be able to comment. Please note, we cannot take questions until the public testimony portion of the meeting. If you have a process question during the meeting, please email city clerk@meridiancity.org and they will reply as quickly as possible. If you simply want to watch the meeting, we encourage you to watch this streaming on the city's YouTube channel. You can access it at midenscity.org backlive. With that, we will begin with roll call. Madame clerk,

thank you, Madam Chair. Commissioner Sandaval present. Commissioner Perau here. Commissioner Delamino present. And chairperson Ler here. The first item on the agenda agenda is the adoption of the agenda. There are no changes to tonight's agenda. Could I get a motion to adopt tonight's agenda? So moved. Second. It's been moved and second to adopt tonight's agenda. All those in favor say I. I. I.

I. Any opposed? Motion carries. Next item on the agenda is the consent agenda which includes to approve the meeting of the planning and zoning commission meeting of April 2nd. Could I get a motion to accept the consent agenda as presented? So moved. Second. It's been moved and second. It's been moved and second to accept the consent agenda. All those in favor say I. I. I.

I. Any opposed? Motion carries. At this time, I would like to briefly explain the public hearing process. We will open each item individually and begin with a staff report. Staff will report their findings on how the item adheres to our comprehensive plan and our unified development code. After staff has made their presentation, the applicant will come forward to present their case and respond to staff's comments, and they will have 15 minutes to do so. After the applicant has finished, we will open the floor to public testimony. Each person will be called only once during public testimony. The clerk will call the names individually of those who have signed up on our website in advance to testify. You may come to the microphones and chambers or you'll be unmuted on Zoom. Please state your name and address for the record and you will have three minutes to address the commission. If you have previously sent pictures or presentation for the meeting, it will be displayed on the screen and the city clerk will help you run your presentation. If you have established that you are speaking on the behalf of a larger group like an HOA where others from that group will allow you to speak on their behalf, you will have up to 10 minutes. After all those who have signed up in advance have spoken, we invite any others who wish to testify. If you wish to speak on a topic, you may come forward in chambers or if you're in Zoom, press the raise hand button. Or if you're only listening on a telephone, please press star 9 and wait for your name to be called. If you're listening on multiple devices such as a computer and a phone, please be sure to mute those extra devices so we do not experience feedback and we can hear you clearly. When you finished, if the commission does not have questions for you, you will return to your seat in chambers or be muted on Zoom and no longer have the ability to speak. And please remember, we will not call in you a second time. After all testim testimony has been heard, the applicant will be given another 10 minutes to come back and respond. When the applicant has finished responding to the questions and concerns, we will close the public

hearing and the commissioners will have the opportunity to discuss and hopefully make final decisions or recommended recommendations to city council as needed. We will start with item number H2026-0000001 skybreak rim for a modified development agreement a planned unit development modification reszone preliminary plat and private street request. We will begin with the staff report. Good evening. Um, Linda Ritter with the city of Muckle Teal. So, again, this is Skyre Grim. Um, it is located at 3727 East um Lake Hazel Road. It is 9.74 acres of land and it has a current zoning of R8 and R15. Again, the applicant is proposing to reszone do um a portion of um the property that is zoned R8. Um another portion and because a part of it is already R15 and they are looking at doing a preliminary plat. There's currently a plat that is approved with um 30 lots that is zoned R8 and they're

looking at reszoning that to R15. Um they are doing the plan unit development modification because that portion of the property was approved uh with the Pervita subdivision. Um and they are modifying the existing development agreement to do a new development agreement for this portion of the property. And they also have private streets. So this is a pervita subdivision and this is a portion of the property that they are removing from the um plan unit development to create an uh additional subdivision sky break room rim to add to the existing skyreak subdivision. So this is the portion of the property that they will be reszoning to R15 that is currently R8. And again just a little background. Um so this property was um in 2001 it was included in the planned unit development agreement. Again it consisted of a mix of residential housing types including single family detached attached and town home units. And again they are proposing to remove that portion from the PUD resone the parcel and add eight additional lots. um and it is developing as a standalone subdivision. So in order to do this again they have to amend the existing PUD um to demonstrate that it um removing the parcel will not negatively impact the integrity of the remaining development and again modify the existing development agreement to exclude the subject parcel and the new development agreement will be established for the proposed standalone subdivision. So this is the plat that they are proposing. The previous plat had a

public road but they are proposing a private road. Um this is their landscape plan that is provided with that. So the open space that they have for this um subdivision um meets the requirement for the R15 zone. Um the open space is actually over what is required. They are providing amenities for this area that um and they are also sharing amenities with the existing sky um break subdivision. So for the amenities that are being proposed they are providing a shade structure seating area and landscaping. What we have asked the applicant is that 15 days before the city council hearing that they provide us an exhibit showing the um these amenities because it is in the code it is considered a picnic area. So we need to see the things that are um proposed that are required for a picnic area. So they will just need to provide us an ex amenity exhibit showing these things. So, these are the um amenities with the existing um skyreak subdivision that will be shared with this subdivision. Again, they if they choose not to share these amenities, they don't have to because the amenities that are with the proposed subdivision, Skyreak Rim, meet the requirements and no additional amenities are required with that. But that will be up to the developer whether or not he chooses to share with the existing um subdivision. So I'm showing the pedestrian

connections that they are proposing to go along with this subdivision. Um again this is a private road now that will connect into the existing um subdivision skyreak subdivision to the south. And this is a common driveway that is a an emergency access that they are um that the fire marshall has approved. This is the um pathway that will connect to Pervita. It will be a um natural pathway so it will not be paved and the hillside will be left in its natural state. This is an existing pathway that is already built. And so this uh it connects to this private road. So this they're showing their pedestrian connection. And I just wanted to show what was previously approved with the Pervita subdivision. These are the building elevations that were um submitted with us. So now I just want to talk about some of the um things that the city um some concerns that we had. Um and um we have the applicant is aware of these. Um, so they are proposing a private road and our private road standards um basically state that um you're supposed to have a sidewalk on both sides unless um so it's supposed to have a 5 foot 5 foot wide attached sidewalk or a 4ft wide detached sidewalk. Um and it um shall be provided on both sides of the private street. This may be waved uh by the decision-making body if the applicant can uh demonstrate an alternative. Um

similar pedestrian pathway path exists. So the applicant is asking um for a waiver to construct the 5-ft sidewalk on the one side of the street as previously approved with the um previous skyreak subdivision. So they want it to match up and they have provided um a section showing um the pedestrian the parking along here that would be required for this. You would have to have one side that had parking on it. So, what we're saying is that um commission um and council will need to determine if what is being proposed is sufficient um and if it meets the requirement. The private street section of the code was changed in 2025. Um so, we just need you to carefully consider whether the proposed um request meets the intent of the current UDC for sidewalks associated with private streets. So, another thing that uh is common driveways um for the the revised U private street code um says that no common driveway shall be allowed off of a private street unless a street section allows for parking on at least one side of the street or the development has designated adequate guest parking dispersed throughout. out as determined by the director. So again, the applicant is he provided a the parking um Oh my goodness, excuse me. They provided the parking exhibit that

shows parking for this um development. And again, we ask that the commission and council review this and determine if what is being proposed is appropriate based on our code. And the next thing um is the gated area. Um so there the way our code reads is that there should be no more than 100 dwelling units um behind a gate. A gated um community should consist of no more than 100 dwelling units. So, um, we bring this up because even though it's a separate subdivision, the only way that you can access this subdivision is through this gated area. Um, because it takes access through this street here that will go up to meet with the new development. Um and when this was um when Skybreak was approved, they um at that time the code stated no more than 50 homes behind the gate and they were given um alternative compliance to add 106 units behind that gate. So now there's an additional 38 lots that will utilize that gated area. And so again, it's one of those things where we're asking commission and council whether or not you feel this is suffic sufficient and it meets the intent of the code. If you guys choose to do alternative compliance for them to allow

these units behind this gated area, um then staff needs to be directed um to do that or state on the record. that is something that you have no objection to, but we have to point these things out to you. Even though it is a standalone subdivision, it still goes through these private roads through this gated area to access these um 38 homes. Um so those are the concerns that we have, the issues um that we ask you to look at and carefully consider. for this project. And also um in order for this connection to uh be made to Skyreak Rim, they will have to modified um Sky Break um subdivision number one in order to lose a buildable lot to bring that private road through there. So that modification has to take place prior to a final plat being submitted. Um the city did receive um two written um comments on this um proposal. Um one was um opposing to having to share amenities with the um new subdivision. Um and the other one felt that what was um approved before was consistent with this subdivision here. Um the portion of Skyreak um this was consistent and now that they are reszoning they feel that it's not consistent anymore. So those were the two written comments that we received on this. Um

again with the PD uh PUD modification, we feel that this being removed from Pervita still leaves it in intact with the open space and other requirements that it had. So there's no issue with that. Um, again, the issues that were expressed are the only concerns that we have, but we um ask you guys to look at those and and give us guidance. Linda, can you go back to the previous screen where the two gates are located, please? This one.

So, where is where is Sky Break Rim in this picture? Because I'm confused on what I'm looking at. It it will be up here. So, this road will extend up to extend the private road into the sub into the new subdivision. Let me see. Okay. So, if I'm driving, I'm coming down this road along these greens and then I'm going to turn I guess and then I can go through this. This comes in from Eagle Road. Oh, that's Eagle Road. Okay. This is the public portion and then it turns private and then it goes this way up into

and that's the only way in there into that new into the the sky break rim is that new extended road where they'll give up the lot. Is that correct? Correct. I'm gonna right here shows it. So this is Skyreak Ram I mean Skyreak and this is Skyreak Ram. So, this is a new um private road that will extend up into Skyburgg Brim. Okay. Thank you. Um commissioners, do we have any other questions for staff before we invite the applicant to come forward?

Madam Chair, can I can I just interject? I want to clarify one topic and Linda can kick me from afar if I misspeak or if I'm wrong it's but I don't want to get too technical about this but there was a comment made during the presentation about alternative compliance for this proposal before you. So I think you know my read of the code is that this as Linda has mentioned about three times this project stands on its own. It's a subdivision 38 buildable lots. uh it does not trigger the requirement in the UDC that requires alternative compliance because it is it's not gated number one. Number two, it is below 100 buildable lots. But as Linda me, so in my read of the code, there is no need for alternative compliance. But Linda makes a fair point and the applicant will speak to this as well is that the access to this new subdivision comes through a gated community. And so you need to consider that as you look at, you know, that whether it's in the city's interest to amend um existing development agreements and proceed with a project of this nature. But I just wanted to be clarified. There's no in my read of the code, there's no need for alternative compliance relative to the project before you today.

Thank you. Thanks, Kurt. What uh what I was alluding to is that the previous alternative compliance that was done for Skyreak would need to be amended if we're adding these additional lots to the gated portion of it. But as Kurt has clarified, um the standalone um subdivision itself does not. Um the previous one because of the code at the time um required that, but our code with the changes to the code, it does not require that anymore. It's just whether or not you feel that this meets the intent of our code.

Right. Okay. Thank you. Would the applicant like to come forward? Hello. Got a presentation for me, Linda. While she gets that fired up, uh Heath Clark, 251 East Front Street in Boisee, representing the applicant. And uh before I get too far, I just want to remind everybody that that is a recommendation for approval. So even if it felt uh maybe like we were in the weeds a little bit there. So um I want to but I am going to talk about all those issues as we go through here. But I this is one that I think is pretty simple. It's a lot of common sense that goes along with this application and I'll I'll kind of show you why that's the case. Um the while she gets back there. Uh so the application as you guys know and you saw on the other maps it's property that's just south of Lake Hazel just east of Eagle Road. So you've got arterials uh right there. Um I can take it over if you want Linda. Oh there we go. You got it. So this uh previously was a part of the Pure Vita application and you can see that on the screen. Uh you can also see uh sky break and you can kind of see the larger context for this. Um you have Discovery Park just not too far away. Firefighting facilities are available. Emergency services. Uh Lake Hazel has been rebuilt. Um I live in the area so I got to live through that 18 months of fun to get the uh Lake Hazel and Eagle intersection done, but it's all there. Um, but one thing I want to point out is we we put on in red on this map the hillside and that hillside is really

what drives a lot of this conversation. So, keeping that hillside there because I'm that want to be pretty consistent in that. Um, the other element of this that I think is really important to point out is the comprehensive planning. So, the southern portion of that block as it were is medium density. That's the existing skyreak subdivision. So lower density once you get to the sky break rim boundary you move into medium high density residential as the comp plan designation. So uh rather than having the lower density now we're talking about the comp plan calling for between 8 and 12 units per acre variety of housing types all that sort of thing. Now we anticipate that that's going to that density is going to be coming with these future applications. It'll be down further uh north closer to Lake Hazel and along Eagle. But that was very much in our minds when we looked at this because we we were supposed to be under the under the city's uh planning somewhere in the range of 8 to 12 units per acre for that for that piece. Okay. So, more about the hillside. So, those if you've ever driven by it, I'm sure most of you have, um it it is a steep slope. Uh you got 2 to1 or greater. At some points it's 50 to 60 feet above the valley floor. Uh some some so something like a five to six story building there. So you can see the sky break lots that are there looking down on on Boise Ranch. And in that valley is where the Purvita subdivision is. So again this was approved originally with the 30 lots that were part of the Purveita Ranch subdivision. um they had a density that was on the low side for medium high density residential of 5.96. But if you look at the design, you can see kind of how these are really two different projects. Down in the valley, you have the town

homes, the attached project product, the the denser product that is kind of down there along the canal. And then almost completely separated from it was this area that was up on top of the hill. And it had rather than having the kind of different PUD treatment that you had for the lots down below with the different densities, it was just kind of a straight R8 subdivision. And it was going to be a challenge for those homeowners to access the Pure Vita uh amenities because there's not a a public street way to get down there from that. Um they had shown a number of pathways on their plans, but most of those were not feasible. Um, we've maintained the one that actually is feasible. But in order to get down to the other amenities from, you know, what would otherwise be your subdivision if you were part of Pure Vita, you'd have to do the switch back walk down and if you had the stroller or whatever, probably probably not the most ideal situation. So, we really had this 60 ft difference that makes a makes a big difference in terms of where that that uh project can and should develop. So, our solution was to work with that property owner uh to acquire that piece and to incorporate it into the existing skyreak uh subdivision. So, in that case, the future residents of that area, they'd be part of an HOA that's at the same elevation as them, much better access to amenities. Um, and just makes sense. Now, I wanted to add a little bit more context. So after Skyreak was approved and not as a part of the Skyreak approval requirements, the developer decided to add amenities to Skyreak. So a community pool was added and two more pickle pickle ball courts were added. Those were again above and beyond what the city had required and what the city approved. So with that there we believe that there's plenty of capacity to be

able to to serve those residents. and and I'll just hit a couple of these last couple items here and then answer questions. Uh so the staff report identified three questions there at the beginning. Linda talked a bit about those. First one was parking. Parking, you guys have seen this almost identical drawing that we've presented on behalf of this developer very often. Um this is a a street with parking on one side. Um satisfies all the code requirements and you can see that there's 18 on street additional parking spots. So we we don't believe that that is a concern. So let's talk about gates and commissioner lure. I think this might help part of the answer some of your questions that you had. So skybreak was approved for 106 lots behind two gates. So there was already uh discussion and an allowance to go above what would otherwise have been the the the code requirement. The code specifically contemplates that the city council can allow for more lots to be behind gates. It's not a not a like a strict variance, but in that case, they did ask for the alternative compliance. It was granted. So, here was our thinking with these gates. So, the existing rim lots are all accessed behind the gate. And you can see that there's two gates there. So, the two green arrows. So, it's not just a single access to all the gated lots and but there's two gated accesses and two emergency accesses that are proposed. Our thought was to continue with the rim lots because these are also rim lots. Put them also behind the gated area. They, as you can see, it it lines pretty well that way. Um, but we are not proposing any new gates. Instead, we're just asking to add these lots to the existing gated area.

And then last uh with regard to the sidewalks. So if you look back at the discussion with regard to Skybreak, there was a an extensive discussion about sidewalks. Uh you probably remember and so uh the council ultimately approved sidewalks on one side. Uh our proposal is to continue that, make it consistent with the rest of Skyreak. Um, if you if you look closely at this drawing and if the mouse will follow me here. So, this the sidewalk that we're proposing is on on this side of the street and then it it will connect into the sidewalk that is on the inner block here in Sky R in sorry in Sky Breakak. Um, again, just trying to stay consistent with the existing approvals, make it match up. Um and so we're just uh we think that that makes sense and there's no reason to change it. So just to summarize, no new entitlements are proposed here. Um this is again an attempt to change these project boundaries to include Skyreak Rim in Skyreak HOA. Um give these future residents the ability to access their amenities much more easily, make it a more coherent subdivision. Um, it's consistent with the existing Sky Breakak subdivision approvals and we are in agreement with the staff conditions. So, I'm happy to answer questions if you have any.

Um, how much of Sky Break uh is already um uh finished? I think it's about 60%ish Sky Break. Yeah. Is there a big space between the existing homes in Skyreak and Brim or is the are are you ready if once if approved that you would just be continuing on? We would just be continuing on Madam Chair. And the the whole Skyreak subdivision is broken out between gated and non-gated community. Is that right?

That's correct. So you have uh if you look at this picture, the shaded area is gated and all of that stuff behind the gated area is R15 and then everything that's not shaded is on public streets and most of that's R8. There's a few I think there's a little bit of R15 in there as well.

And what is the advantage of having half gated and half non-gated in this particular community? Oh, the the advantage is that you have kind of that area where you have your typical traditional public streets, but there's also a buyer, you know, oftentimes maybe later in life, maybe, you know, looking for a quieter uh project, uh maybe that is maybe has the narrower streets, less traffic. And so those folks are looking for something that is a little more feels a little bit more secure. And so this way with the the split, you have kind of your traditional subdivision on the west and then this kind of quieter enclave on the east behind the gates. But it's not age restricted. Correct.

Not age restricted. No. All right. And one final question uh from me. The square footage of the homes that are currently in Skyreak compared to Skyreak Rim, are they similar in size or do they change? Well, there's a there's a variety of of housing like housing sizes as you can see here that you have, you know, all the way on the south there's some custom homes, larger, but I'm talking about the majority of what where they connect uh where they connect it's it's pretty darn similar. I think these are going to be the ones on the rim are going to be maybe a touch smaller with the three-foot setbacks, but other than that, they're pretty similar.

Okay, commissioners, do we have any questions for Heath before we open public testimony? Madam Chair, Commissioner Delamino,

quick question for you. as a member of my own subdivision's HOA board uh and a a bit of a stickler for policies and procedures. Uh, have, and this might be a a question for as a matter of confirmation, but have existing Skyreak homeowners or the HOA been notified of the changes to the to converting lot 13 block one and uh, does the HOA's recorded CCNRs require member consent uh, for alterations to the subdivision boundary or lot count?

Uh, Madam Chair, uh, so two two answers there. We had two neighborhood meetings and that's the notification that would typically be provided with regard to a zoning matter. Um, as with most CCNRs and and I draft a lot of them, um, the the CCNRs allow the developer to annex or modify boundaries of the subdivision in partic and annex additional properties and that's the case with these. So there there is the the private legal authority to be able to bring this in in addition to the city process that's required. Yep. Commissioner Perau.

Thank you, Madam Chair. Um Keith, can you just kind of go through a little bit of the history for us on um I remember this application pretty well for the most part. lots of conversation about the disconnect between Pure Vita and this property. So, so you was this purchased from uh a prior owner or the the prior developer? How did that come to be? And then and then, you know, then a desire to bring it into Skyreak. Can you just kind of give us some information on that?

Yeah, Madam Chair, Commissioner P, I think you've pretty much nailed it. Um, so yes, that was a conversation between the current owners of the two projects. And I think a recognition that Skyreak Rim, we'll just call it, uh, makes more sense with Skyreak. And so it was it's the it's going to be acquired from that from the existing Pure Vita owner in order to be incorporated into the rest of Skyreak. Does that answer your question? Yeah, I just wanted a little bit more understanding of, you know, at what point did did Pure Vita decide, hey, this isn't something we want to continue with with our original uh, you know, approval and entitlements and then were you approached by them, that kind of thing. Just curious.

Yeah. Um, so I would say two things. one is I think I think anybody who saw the looked at the Pure Vita application initially probably had that question of how was this going to work together? Um I'm not putting words in anybody's mouth. That's just my my impression of it. Um the conversations have been relatively recent and then you know we submitted once a deal was struck to be able to acquire it and in that point it made it once that once it was clear that it made sense for both parties they moved forward. But beyond that, I don't I'm not at liberty to share the specific details of the negotiation, but yep. Um, you know, a couple thoughts too that I I might note um in addition just to maybe this helps the commissioners. A couple is that we are uh you know, Linda mentioned that the property has enough amenity or the project has enough amenities to qualify on its own, but I wanted to confirm for the record that we are planning to share amenities. And as I mentioned, we do have the ability to incorporate that into the existing HOA. Um, and I I would just note as well that the it makes sense for from a perspective of economies of scale that you would have the private road come in and be part of the private road network back there because then you can add some miles and some some users to help pay for all that maintenance. So, that would I would throw that on the pile of things to talk about for a reason to include it. Okay.

Okay. Thank you. Thank you, Madam Clerk. Do we have anybody signed up for public testimony? Thank you, Madam Chair. Yes. The first person is Pete Subboyan. Sorry.

Hi, if you could just state your name and address for the record, please.

Yes. My name is Pete Sabana and I live at 3405 East Inglehart Drive in Skyreak. Excuse me, losing my voice today. Um, so I uh I was one of the two comments that were submitted online and so I just like to reiterate for you to consider that this piece of property was part of the other subdivision. And in those documents when the city approved that that developer had said that they purposely made this a zone R8 so that it would match Skyreak. And so now my basic question is what's the reason for changing from an R8 to an R15. Um they stated and I didn't know this until today that uh they're asking for the exemption to have a sidewalk on one street so that it's consistent with Sky Breakak. So, why change the zoning and the lot uh lot setbacks basically? So, they'd be allowed to go from a five-ft setback on the sides to a three-foot setback, which in my opinion was nowhere near consistent.

Okay. Okay. We'll um have him address that at after public testimony. Thank you. Thank you, Madam Chair. The next person is Margaret Beckwith. Hi, if you can state your name and address for the record, please. Yes, good evening. I'm Margaret Anne Beckwith and I reside at 3339 East Englehart Drive in the Skyreak subdivision. Okay. Thank you. I am a new resident. We moved in in January. And before I begin, Linda, I wanted to thank you for your assistance. Can you get a little closer to the microphone, please?

Uh, yes, please. Thanks. Um, when we bought our house, amenities were very important to us. And the reason we chose Skyreak was because we wanted to utilize those amenities and we felt that the size of the neighborhood was balanced against the type of amenities provided. And in the purchase price of our housing, we paid for those amenities. Now, we find out that the developer wants to expand the subdivision. And while the pictures being depicted are very pretty, I'd like to show you some pictures of what one of the fairly new pickle ball courts look like. Linda, could you bring my pictures up, please? While she's doing that, I also wanted to express a concern. Not only is the size of the subdivision increasing, but the number of people from outside the subdivision who come in to utilize our amenities is a constant problem. And with the expansion of the new lots and with the subdivision that is going in, the town houses below it, and the pathways being provided, there's no way to restrict the access of people coming into the subdivision and utilizing our amenities that the homeowners are responsible for maintaining and basically pay for. Let me ask you a question since we're still waiting on that. So, in order to get to to the pickle ball courts, is there uh do you have a key or is it just wide open?

It's wide open. And what about the pool? The pool is secured. Um it's my understanding will be provided with fobs. Um but in talking to people who we were not there during the summertime when the pool was initially opened, there also is a problem with people coming in from the outside because one of the gates was not secure. Okay. So that should be something um to take up with the HOA to make because aren't they the ones who are in charge of maintaining the amenities and the HOA is currently the developer. Oh, okay. Okay. Got you. And what other amenities do you have besides the pickle ball courts? We have the pickle ball courts, the pool, and a little playground.

Okay. Which is quite nice. Um as you can see, this is this is what the pickle ball court looks like. Um there are cracks in the court. The concrete is shifting. I'm not a engineer, but I I play pickle ball and I know that it is not a safe court to play on at this point in time because of the holes that are appearing and the cracks. Um, somebody from the outside came in, we're assuming, damaged the net. We um my husband and I were out walking and encountered a group of seven boys who were on the other pickle ball courts and were vaultting over the nets and vaulting over the fence. They didn't belong to our community. So, uh our concern is if this is a state of the amenities now with the number of people utilizing it, it's not going to get any better with the number of increased people. Um, and we'd like you to take that into consideration. All right. Thank you very much.

Thank you, Madam Chair. The next person is Thomas Gr.

Good evening. If you can state your name and address for the record. Thomas Gru, 3748 East Belelfrey Lane in Skyreak.

Great. Thank you. Um, first I want to say I have no issue with the homes that are being built over there. I knew it was going to be developed, but last year when they had our first meeting, they said there's only going to be 30 homes. There's a number of us. Okay, that's fine. My biggest concern is because the way that road they want to run through and take out an a lot. People moved into that area because it was going to be limited traffic, quieter. He had mentioned that. That's the reason why people moved there. Um, you put that road through and if you go to 38 homes times 2, that's 76 extra cars that are going to be going through and that road's narrow. Sidewalk on one side. Um, you can barely get two cars passing each other. And if there's a car parked legally, you can't get two cars. Also, I mean, emergency vehicles going down that road, it's going to be tough. Um, so I think it'll great greatly affect the uh property value. The reason why people went in there was for that. Secondly, we moved into a gated community for a specific reason, for you know, we don't have that extra traffic. Now, you're saying there's going to be two ways to get there. They put that through the gated and then the other way people will still have access into the gated community. I don't know why they can't just build the road. So towards Eagle, so is that east? We're they're they're doing a huge development over there. They're getting ready to lay pavement and everything like that. There's a culde-sac that they've dug out

that would be a perfect access to the rim lots. That is my big concern. So, um I just wish you hopefully you'll take that into consideration because traffic will exponentially change that whole road and there's like 11 homes that it's just going to be a major thoroughfare. I'm just around the corner, but I connect to Cabel. So, um that's really my my biggest concern. And I'm really against them putting just throwing a road through. I don't know how they can legally do it when they sell property to Hey, it's a great little circle limited homes and you're throwing in that amount. So,

okay. Thank you very very much. Madam Chair, we have Danny Caerty.

Good evening. If you can state your name and address for the record, please. My name is Danny Caferty. I live at 3500 East Penny Lane. which is adjacent to this property. Thank you.

Um my notes here. Um I am here for a number of reasons. Um, I uh own the property. Can you put the property up? Well, this is this is my property right here.

I don't know if you can see that or not. I've got approximately 23 acres there. Oh, okay. So, you're the big gray square. Yes. Okay.

Um, you know, I had irrigation water that ran into my property. Uh, in fact, there's a pond. I don't know if you can see where my pin is here, but it came across this property here from the canal over here and came across into here and it's been done away with now when they've put this development in. Um, I've had some conversation with them that I'm to get irrigation, but I don't have any yet. I want to make sure certain that I do get that I feel that it's important for me to have it uh for future development purposes plus the fact that I I've paid for it and kept it and it's expensive and I want it.

Okay. Um they are installing a pressurized system. I have uh worked with them to install this system. I've allowed them to take my fence down. Um, you know, allowed them to have access across my property, move existing fences and and the road to do their burm work. And, uh, I've tried to facilitate all their wants and needs, and I think I have fairly well. Um, I've been told repeatedly three or four times in meetings that they're going to provide me with alternate access and with all utilities to my property. By all utilities, I mean water, sewer, uh, gas, electricity, um, And then I come to this meeting and I get this paperwork that uh lo and behold the property that goes next to me that they were going to run my access onto this future phase. It says here there's a road that's supposed to be coming off of this road that goes into Eagle Road. It goes right into my property. And uh you know the other thing is on this

map here, it's my understanding there's cut offs into my property. I don't know if you can see it, but there's a cut off there. And that's this road that I was talking about. This future development thing. It's my understanding this road is supposed to go into here, and this is to go over into this subdivision here. So, I would think that this has to be done at the same time they're doing this to provide access that they claim they need to get into here. And as they do that, I expect them to run all utilities and services to me. Uh, you know, and maybe they are planning that. I just wanted to confirm it and make sure they are.

Okay. But I can't see why you would not go ahead and do that. Why you're putting down that that's a future phase rather than it's something that's going to have to be done to provide access to this part that they're coming in here tonight for right according to their plans. So the developer is here this evening. So we'll make sure that you connect with them so they can answer some of your questions.

Okay. Um the uh about the only other thing I have to bring up is uh you know they've addressed parking tonight but the parking they want to add they want to do roadside parking and so forth and you know we're a lot more mobile population than what we used to be folks you know I was just sitting back here and I started writing down some things uh you know there's anniversaries there's birthdays, there's weddings, there's baby showers, there's wedding showers. I mean, there's holidays, there's graduations, there's car pooling. It goes on and on and on. And guess what? They're all driving cars and they need a place to park them. And you know, I'm not a big fan of roadside parking. I've had two cars that have been ran into being parked on the side of the road. I want to park in a parking lot and I would like to see, you know, I think it's wonderful the landscaping that they put in there, but I think you could adjust that landscaping back, you know, uh, and and put in some fixed parking spots, do something of that nature, and I think it would it would help them. It would benefit a lot of people. Okay. Thank you very much.

Thank you, Madam Chair. No one else has signed up and no one is online.

Is there anyone else in chambers that would like to speak? Would the applicant like to come forward and address some of the neighbors concerns? Please. gonna leave this picture for now and then we'll switch over to mine. Okay, so Heath Clark, 251 East Front Street in Boisee. So I wanted to keep this picture up because I actually think that it's pretty helpful with regard to the first question about matching sky break. So if you look at this picture, everything that is orange is R15. Everything that's yellow is R8. So what you actually have with Sky Breakak Rim is an island of R8 where that we're we're asking to make consistent with everything else including the pure purview on the north and all of the gated area of sky breakak on the south. Um, Linda, you can switch me over now. Um, beyond that, I I want to emphasize when it comes to this kind of consistency comment is that this is mediumigh density residential on the comp plan and medium highdensity residential calls for 8 to 12 dwelling units per acre. We're at less than six. So ultimately what that does is we talk here a lot about transition and making a good transition from one product type to the next. What we think skyreak rim is going to do is it's going to help to transition from the future more dense stuff on the north into into skyreak rim and then also all the way down into skyreak itself. So um just to remind everybody yep medium high density residential for skyreak rim. Um, with regard to amenities, uh, appreciate the concern. I do want to point out a couple of things. So, again,

these are the additional amenities that we've added. The pool is card does have a card reader. The outdoor amenities are like every other HOA. You don't usually put like a padlock on everything. You know, you do have to deal with some of the folks from the neighborhood coming in. But that is something that um that we and every other HOA deals with. But I also want to just point out like these are some of the existing the amenities that were approved with the original package. And it wasn't just a couple of things. It was uh we had pick in addition to the two pickle ball courts. We had another pickle ball ball court, three fenced dog parks, uh pathways, shade structures, all sorts of things. So this is a very amenitized project. it can it's more than capable of handling that. Now, with regard to the the cracks, um we have reached out to our concrete contractor for warranty work to figure out what's going on there and they're on it. So, we'll that'll that'll be addressed uh with regard to uh Mr. Caert's comments. Let me see. I've got another better picture here. Um, so there are not one but four accesses to Mr. Caert's property. So if you look on the north at Pyavea, there's an existing access down at the bottom of the hill. Then Mr. Caertie has his existing driveway access out to Eagle Road. In addition to that, you have that culde-sac access that I think is in, am I remembering that right? under construction and then and yet an additional access to the to the east there. So there's four access points for Mr. Cafert's property. Uh utilities, everything gets stubbed. I mean that's a city requirement. You guys are very

familiar with those requirements. Um so you know we we're we're not landlocking anyone. We're not cutting off anyone. In fact, you can see it's a it's a very porous design. uh and it provides for the intercon in interconnectivity that the city requires. Uh so I think the last question had to do with the gated area. So the the gated street gated area streets are 27 foot streets. So this is the same dimension as a public street. No parking on one side, parking on the other side. So it's it's it's a street section that this group is very familiar with. So, it's not a stand sideways and get past each other kind of a situation. It is a 27 foot street section. Um, the other access here that was mentioned that is emergency only. So, that is not going to provide a back door to get into the gated area somehow. Um, that is only emergency. And then I guess the last thing that I would point I would make is that there's there's over already a hundred houses that were planned for to be in the gated area. And you can see this gated area is very porous. It's in terms of the the a number of blocks. It's it's oops excuse me it's gritted. So there's a lot of different ways to get in and out of there. Um, you know, so from from our perspective, it's a it's it is more than adequate to be able to handle the additional 38 lots and we wouldn't propose it if we thought that it was going to make that area less pleasant, less marketable. So, um, with that, um, happy to answer any follow-up questions and and especially if you think that there's something from the from the public that I might have missed. So,

Commissioner Peru, Madam Chair, so the request to go to R15, is that primarily to bring in the additional lot so we have density increase or are there setback changes that you're intending as well?

Uh, Commissioner Pearl, we're not proposing any changes to the dimensional standards in the R15. Um the the proposal is to make it consistent with the area zoning both on the north and on the south. Um we are proposing R15 style lots with the three-foot setbacks that would generally include a sideyard easement. So you have actually use of six feet in between each one. If you're familiar with how the sideyard easements work, but um other than that standard are 15 dimensional standards. And he just to reiterate in regards to the roads and the propos they're all private within the gated community. So if I'm towards the south of the development those roads of 27 ft are identical to the ones that you're proposing to the north. Correct.

Madam chair that's correct. Commissioner Sandaval have any questions before Madam Chair? Nothing from me. Thank you. Everyone good? All right, I think we're good. Thank you very much, Madam Chair. I have a question for staff if that's okay. Sure.

The staff report mentioned that uh planning staff had a conversation with fire department about emergency access to this and feasibility and if there's any concerns. And I didn't see anything in the agency comments. So, I was curious if there's anything that should be added to what we know. There are um conditions under the fire department's uh section in the staff report. So they did add a couple of conditions to it. So they have to sign the road and then they also have to make a connection off of Vantage Point. There is a section that is um not paved. So they'll have to pave that so it connects so they can get access into the development for emergency um access. Madam Chair,

Commissioners. Okay. So, um that they just didn't put that in in writing to add into the into the agency comments, but they did review what what was in the staff report and added additional conditions or so they added a couple of conditions to the staff report that are under the agency comment section. So, it's under the Meridian Fire Department. All right. And then before we uh close the public hearing, Heath, if if your team could just um sit with Mr. McAffrey to make sure all his questions are answered before the evening's done, that would be great. Um may I get a motion to close the public hearing, please? So moved. Second.

It's been moved and second to close the public hearing for Sky Breakak Rim. All those in favor say I. I. I.

Any opposed? Motion carries. um the staff I get a better clearer picture with it visualized here than I did in the staff report because everything was very tiny. Um, and it it makes more sense to continue Sky Break than to have a top a a a topography that really set sets back the pure vita from this to make it more consistent. Um, I know 38 homes probably seems a lot and it may seem like a little bit of a bait and switch, but when there's open develop land to be done, there's always going to be changes based on market conditions. And as far as the way that they have designed this to be consistent with the property to the south, as he said, it just kind of makes sense. It's not necessarily what we want in our community because nobody likes change, but if they were to add houses, which you all knew that they were going to eventually, um, this one makes sense to me. It's consistent with the size of the roads. It's consistent the way everything kind of works. Um the is not required for the developer to share the amenities because they have their own. Um so as you develop the HOA and I mean maybe that's something you decide that these 38 houses can only have their own amenities but um it kind of makes sense where it all kind of blends together. I I'm in favor of this

and it is a standalone subdivision and they've gone through the due diligence of making sure all the changes kind of fit the code and what it needs to be and um because of the topography it's limited in what you can and cannot do to that area based on that big ridge um that and the density is consistent. So I don't have any problems with this design personally. Madam Chair, Commissioner Perau,

I agree. U just want to address the three items that staff brought up. Um and I believe that there's sufficient parking on one side of the street to meet the parking concerns. 18 um spaces. I don't I'm not a huge fan of street parking either, but 18 spaces uh for 38 lots is uh I think is sufficient for that. And then um uh as far as as far as the gated community adding as far as you know having the 106 units and then adding the 38 units I don't think that that is um I don't think that creates you know a problem. I understand from a marketing standpoint that the current owners would be concerned that the gated community would be would become larger and that new um buyers may you know may have some concerns about that as well. Um but ultimately you just have to decide if it's something that um the city code, you know, that they've gotten approval on the on the code side. And um so I think in this particular situation, I'm not as concerned about adding those lots to the gated community area. It's clear where the gates are. It's clear when you're coming into that area that it's intended to have a different feel and look um and size of home. Uh so I think it's as you said I think it's u consistent with what is existing there and um and then again I think the 5ft sidewalk on the east side is is going to be sufficient for um that size of addition to the neighborhood. Madame Chair, uh I will

I will agree with yourself and my fellow Commissioner Perau. I will say that as a relatively newer homeowner in the Chateau Meadows uh subdivision who along with my fellow neighbors and HOA me uh board members met with uh ACD for the future of the Locust Grove uh road expansion. We I I can sympathize and and somewhat empathize with the growing pains of growing uh that there are discomforts especially in our situation. We're going to be losing a lot of the sound buffer uh from the mature trees that line Locust Grove. uh and as the expansion happens, it could, you know, uh entail a noisier neighborhood. I understand that. We understand that we are but that is unfortunately one of the gives and takes of the growth that we are experiencing not only in this valley but in the state. Um, I would just as always encourage the continued open communication between, excuse me, between developer HOA and the residents both within the neighborhood uh, as well as the surrounding areas that are and and all parties affected. But otherwise, uh, I agree with all the comments that have been made.

Commissioner Sandaval, any other comments? Uh, yeah. Madam Chair, just quickly moving to the R15 just makes sense. It's surrounded by R15. Um, yeah, I definitely support the application as is. Okay. Thank you. I mean, they're doing density of six units per acre or whatever it is. So, it's on the lower side. So, I think that's good as well. After considering all staff, applicant, and public testimony, I move to recommend approval to city council file file number H2026-00001 as presented in the staff report on the hearing date of April 14th, 2026. Seconded.

It's been moved and second to approve Skyreak Rim. All those in favor say I. I. I. I. Any opposed? Motion carries. Um before we adjourn tonight, just a reminder for the month of May, we do have some changes to our schedule. We will have three meetings in May because of um the public works expo in June. So uh just remember to put on your calendar we have May 28th as well as the fir the our standard meetings. May I get one final motion, please? Madam Chair, I make a motion to adjurnn. Second. It's been moved and second to adjurnn. All those in favor say I. I. Anybody?