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HomeMy WebLinkAboutOctober 21, 2004 P&Z Minutes Meridian Plannina and Zonina Meetina October 21, 2004. The regularly scheduled meeting of the Meridian Planning and Zoning Commission was called to order at 7:00 P.M. by Chairman Keith Borup. Members Present: Chairman Keith Borup, Commissioner David Zaremba, Commissioner Michael Rohm, and Commissioner David Moe. Members Absent: Commissioner Wendy Newton-Huckabay. Others Present: Bill Nary, Jessica Johnson, Brad Hawkins-Clark, Craig Hood, Bruce Freckleton, Steve Siddoway, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X David Zaremba X Wendy Newton-Huckabay X X Chairman Keith Borup David Moe Michael Rohm Borup: Good evening, ladies and gentlemen. We'd like to begin our Planning and Zoning Commission meeting for October 21st. We'll start with the roll call of Commissioner attendance. Item 2: Adoption of the Agenda: Item 3: Consent Agenda: Item 4: Public Hearing: CUP 04-039 Request for a Conditional Use Permit for a women's fitness center in a C-N zone for Lot 1, Block 1 of Cherry Crossing Subdivision by Robnett Construction, Inc. - northwest corner of Cherry Lane and Linder Road: Borup: And we do not have minutes for this evening. I might just -- some of you have not been here before - explain a little bit about the workings of public hearings and we have -- this Commission mainly -- well, not mainly, we make -- for the most part make recommendations to the City Council regarding annexations and rezones and conditional uses and as we get in -- we have a -- as we get into the public hearings, the procedures -- I think there should be -- I don't know how many were out there in the back, but the staff makes a summary report of the project, the applicant has 15 minutes to add anything extra or explain, and, then, time for questions from the Commission. And, then, it's opened up for public testimony of up to three minutes at that point. And if something is complex, at the Commissioners' prerogative, that may be extended. And- - now we do have a timer to help -- to help us keep on schedule. So, we would like to begin with our first Public Hearing. It's CUP 04-039, request for a Conditional Use Permit for a women's fitness center in a C-N zone, Lot 1, Block 1 of Cherry Crossing Meridian Planning & Zoning October 21. 2004 Page 2 of 46 Subdivision. Application by Robnett Construction. We will open the hearing at this point and start with the staff report. Hood: Thank you, Mr. Chair, Members of the Commission. The subject application proposes to construct and operate a fitness center on a portion of a site that is blocked out in black on the screen. It is only a portion of the site. Ada County does not have the most up to date -- or at least the city hasn't updated our records to reflect the parcel lines for this subject property. It is a flag-shaped property starting from Cherry Lane with the flag running by the Pizza Hut and, then, is more rectangular shaped as it -- it runs to the north. The subject property is generally located on the northwest corner of Linder Road and Cherry Lane on the south side of Emerald Falls Drive. Again, this site does have quite a bit of frontage on Emerald Falls Drive and just 50 or 60 feet or so on Cherry Lane. Here is an aerial view of the site. It is currently vacant. As I just mentioned, there is a Pizza Hut located just to the south of this site adjacent to the flag portion of this parcel. To the north and to the west are single-family homes. A portion of those homes are in Cherry Crossing Subdivision, which this is also a portion of. Cherry Crossing had 15 or 20 residential subdivisions. On this aerial you can see that some of those hadn't been constructed at this time when this 2003 aerial was taken. To the south is a Maverick convenience store gas station and some other strip mall type development. Across the street is a church and a single-family residence or two. Here is a picture of the site plan and, again, this is just a portion of the existing parcel. There are two other future pad sites with unknown uses at this time that are also conceptual in nature. This site has been subject to detailed and conceptual CUP review and approval by the city. In 2001 was the first time and that's when the 15 residential lots, three commercial lots, were platted originally. At that time they were thinking a drive-thru pharmacy, some other restaurants and retail uses on this site. In 2003 that CUP was modified and that Pizza Hut restaurant obtained detailed Conditional Use Permit approval on the site. Most recently, just a couple weeks ago, the City Council did review a miscellaneous application. That applicant is requesting to modify the business hours that were previously approved on this site with those detailed CUPs. It is also a condition in this staff report for those business hours to be limited from 6:00 a.m. to 10:00 p.m., seven days a week. Again, this use is for a fitness center. Here is the proposed building elevations. I will leave that at that. The landscaping adjacent to this site -- at least adjacent to Emerald Falls Drive, Cherry Lane, and Linder, have currently been constructed and improved with the platting of this site. There will be some requirements for internal landscaping with this application, but all the perimeter landscaping is in. I did receive a letter from the applicant -- or an e-mail, excuse me, from the applicant this week -- I believe you received the same from Jessica Johnson, an e-mail saying there are no problems with any of the conditions. Again, the staff is recommending approval and I will stand for any questions you may have. Borup: Questions from any of the Commissioners? Anything the applicant wanted to add? Come forward if you do. Robnett: Mr. Chairman, Members of the Commission, I appreciate your time tonight. I started working with -- Meridian Planning & Zoning October 21,2004 Page 3 of 46 Borup: Name and address. Robnett: My name is Mike Robnett. I reside at 655 West Oakhampton. I started working with this piece of property a couple of months ago and Total Woman Fitness was the client going to take the parcel up on the screen there. They needed the hours of operation starting at 6:00 o'clock in the morning, so we had our neighborhood meeting and I personally walked the street a couple of times and met with all the neighbors. Their main concern was the hours of operation going late into the evening. Didn't want it -- you know, something open until midnight or 2:00 o'clock. So, we limited the hours of operation to 10:00 p.m., which works with Total Woman Fitness and it worked with the neighbors. When it comes down to the use, there is not a list of use in the schedule of use control for a fitness center, but the purpose of a C-N zone is to permit the establishment of a small scale convenience business use which are intended to meet the daily needs of the residents of an immediate neighborhood. I feel that a small fitness center pretty much fits that description fairly well. It's going to have a relatively small impact on the neighborhood. It's not a -- it doesn't have any outdoor speakers, it doesn't have any offensive odors or -- from a kitchen or a service garage. We have parked it with one parking stall per 125 square feet, which exceeds the city requirements by quite a bit, so there is plenty of parking. We are not going to have any overflow parking on any of the streets surrounding it. We haven't maxed the site out even with the planned future development on the other -- the other pads which are not in this conditional use. There is about 20 percent less square footage than what is already approved on there and given this information, I would ask that you approve the conditional use for Total Woman Fitness. And I stand for any questions. Moe: Mr. Robnett, your note said that you take no objection to any -- to the staff and the 6:00 to 10:00 is okay? Okay. Zaremba: I have just a curiosity question. I think there is a fitness with maybe a similar name in Linder Crossing, which is diagonal across the street in what's probably a thousand square foot or 1,500. Is that the same company moving into a bigger place? Robnett: No. Zaremba: Or is that -- Robnett: It's different. It is different. Borup: Okay. Thank you. Do we have anyone here to testify on this application? Anyone else? Seeing none, Commissioners? Moe: Mr. Chairman, I move we close the Public Hearing. Zaremba: I will second that. Meridian Pianning & Zoning October 21, 2004 Page 4 of 46 Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Moe: Mr. Chairman, I move that we forward to the City Council recommending approval of CUP 04-039, to include all staff comments and conditions of the hearing date of October 21 st, 2004, the transmittal date of October 18th, 2004. Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Request for Reconsideration of the Denial of Preliminary Plat for Kingsbridge Subdivision PP 04-030: Borup: Thank you. Our next item is a request for reconsideration. This was a denial from this Commission of a previous preliminary plat. I think we all have the information. This is not a Public Hearing, it's for us to make a decision whether to consider -- to reconsider. Do we have anything staff would like to input or add on this? Siddoway: Maybe just a brief comment on process. The applicant has requested reconsideration of the findings for denial, has submitted a packet of information to show from their perspective how they have addressed the reasons for denial. The question before the Commission tonight is does what they have presented warrant a new Public Hearing. If you agree that it does, then, we need to set a specific date and ask the clerk's office to notice that date for Public Hearing, like the original Public Hearing, with mailings going to all of the residents within 300 feet and the other noticing requirements and, if not, then, you would just uphold your -- the findings for denial. But the question is just whether or not the motion for a reconsideration and a new hearing should be granted. I guess I'd look to the city attorney if there is any other process issues that need to be brought up. I do believe we can take verbal testimony from the applicant, if you so choose, but with that I will just stand for any questions. Borup: Okay. Questions? Zaremba: I do have one question. In reading through the new materials provided, they have dealt with a number of the issues that I brought up as a reflection of what the audience had said. The primary reason for denying the preliminary plat was that we recommended denial of annexation. Has the city acted on that? If it's not annexed, we don't have jurisdiction. So, there is no point in having an opinion. Nary: Mr. Chairman? Borup: Mr. Nary.