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HomeMy WebLinkAbout2018-04-19MERIDIAN PLANNING AND C�VE IDIAN,- ZONING COMMISSION MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Thursday, April 19, 2018 at 6:00 PM Item 1: Roll -Call Attendance X Lisa Holland X Gregory Wilson X Jessica Perreault X Steven Yearsley X Ryan Fitzgerald X Bill Cassinelli O Rhonda McCarvel - Chairperson Item 2: Adoption of Agenda Adopted Item 3: Consent Agenda Approved A. Approve Minutes of the April 5, 2018 Planning and Zoning Commission Meeting Approved B. Findings of Fact, Conclusions of Law for The Cottages (H-2018- 0013) by Jeff Likes Located at 2134,2146,2158,2182,2170 and 2194 W. Everest Lane Item 4: Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned city planner Following Staffs report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Public Hearing for Cherry Blossom Subdivision (H-2018-0018) by Jayo Land Development Company Located at 615 W. Cherry Lane 1. Request: A Rezone of 10.74 Acres of Land from the R-4 to the R-8 Zoning District; and 2. Request: A Preliminary Plat Consisting of 60 Building Lots and 10 Common Lots on 10.25 Acres of Land in the Proposed R-8 Zoning District Continued to 05/17/18 Adjourned 6:15 PM Meridian Planning and Zoning Meeting April 19, 2018. Meeting of the Meridian Planning and Zoning Commission of 2018, was called to order at 6:08 p.m. by Commissioner Jessica Perreault. Members Present: Commissioner Ryan Fitzgerald, Commissioner Bill Cassinelli, Commissioner Jessica Perreault and Commissioner Lisa Holland. Members Absent: Chairman Rhonda McCarvel, Commissioner Gregory Wilson and Commissioner Steven Yearsley. Others Present: Chris Johnson, Andrea Pogue, Bill Parsons, and Dean Willis. Item 1: Roll-call Attendance __X____ Lisa Holland _______ Steven Yearsley _______ Gregory Wilson ___X___ Ryan Fitzgerald __X___ Jessica Perreault ___X___ Bill Cassinelli _______ Rhonda McCarvel - Chairman Perreault: Okay. I think we are ready to get started. Good evening, ladies and gentlemen. At this time I would like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning Commission on April 19th, 2018, and let's begin with roll call. Item 2: Adoption of Agenda Perreault: Thank you. Next is the adoption of the agenda. First item on the agenda is the public hearing for Cherry Blossom Subdivision, H-2018-0018, and it will be opened only for the purpose of continuing this item to the regularly scheduled meeting date of what I believe is now May 17th; is that correct? It will solely be opened for that purpose. So, if there is anybody here tonight to testify for that particular application we will not be taking public testimony this evening. Can I get a motion to adopt the agenda as amended? Cassinelli: So moved. Holland: Second. Perreault: All those in favor? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 3: Consent Agenda Meridian City Council Meeting Agenda May 3, 2018 – Page 4 of 42 Meridian Planning & Zoning Commission April 19, 2018 Page 2 of 5 A. Approve Minutes of the April 5, 2018 Planning and Zoning Commission Meeting B. Findings of Fact, Conclusions of Law for The Cottages (H- 2018- 0013) by Jeff Likes Located at 2134,2146,2158,2182,2170 and 2194 W. Everest Lane Perreault: It has been moved and seconded to adopt the agenda. Now onto the Consent Agenda. Okay. Let's continue. The next item on the agenda is the Consent Agenda and we have two items on the Consent Agenda, approval of -- we will wait until everybody exits. Okay. Let's start that over on the Consent Agenda. The next item on the agenda is the Consent Agenda and we have two items, A, approval of the minutes for the meeting of April 5th, 2018, Planning and Zoning Commission meeting, and Findings of Fact and Conclusion of Law for The Cottages, H-2018-0013. Could I get a motion to accept the Consent Agenda as presented? Holland: So moved. Fitzgerald: Second. Perreault: Thank you. It's been moved and second to adopt the Consent Agenda. All those in favor say -- say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Item 4: Action Items A. Public Hearing for Cherry Blossom Subdivision (H-2018-0018) by Jayo Land Development Company Located at 615 W. Cherry Lane 1. Request: A Rezone of 10.74 Acres of Land from the R-4 to the R-8 Zoning District; and -- 2. Request: A Preliminary Plat Consisting of 60 Building Lots and 10 Common Lots on 10.25 Acres of Land in the Proposed R-8 Zoning District Perreault: So, at this time we will open the public hearing for Cherry Blossom Subdivision, H-2018-0018, and we would like to give the applicant, if he is still here, an opportunity to speak as to why you would like to continue the hearing. Breckon: Jon Breckon, Breckon Land Design. Perreault: Please state your name and address for the record. Meridian City Council Meeting Agenda May 3, 2018 – Page 5 of 42 Meridian Planning & Zoning Commission April 19, 2018 Page 3 of 5 Breckon: 6661 Glenwood Street. Perrault: Okay. Breckon: Garden City. Commissioner, yeah, the reason we would like to continue it is we are just not quite ready. We were kind of -- we got it to a point and we are not meeting the open space requirements and, you know, we want to provide a -- a nice quality development with lots of amenities. It's a -- it's geared towards 55 and older. If you're familiar with La Mirada, it's on Meridian close to Chinden, that's what we are aiming for is something of that nature and -- and so we just haven't worked out all the details. Have been working with staff a little bit and we have a meeting next week with staff to work through some of those details and make sure that we are meeting all the requirements and can be good neighbors. We have had the initial public hearing and know that it's a -- going to be a sensitive topic and -- because it has been a farm field for many years. A lot of the adjacent homes are -- lots are -- are larger and they have -- they are used to having it as a field. You know, it's been like that for I think 30 years or so, you know, we want to be sensitive to that and, you know, I know that one of our goals is to make sure that all the homes are single story and so that you don't have the adjacency problem of -- of having a two story looking down into the -- the neighbors and that sort of thing. So, just need a little more time. Perreault: Thank you. Are you in agreement with continuing until the 17th of May? Breckon: Yes. Perreault: Okay. Do you have any questions? Fitzgerald: Chris, just for the record, this is the first time that the applicant has requested a continuance; correct? Johnson: Yes. This is the first request. Fitzgerald: Thank you. Perreault: Thank you. Thank you very much. Breckon: Okay. Perreault: Do the Commissioners have any questions for Bill? I know he stepped out for a moment. Fitzgerald: Madam Chair, I think we are in a situation where not all the -- it's not soup yet. We have got a lot of information that's missing. The applicant is still working with staff and to make sure all parties get a chance to be heard in a finished product. I Meridian City Council Meeting Agenda May 3, 2018 – Page 6 of 42 Meridian Planning & Zoning Commission April 19, 2018 Page 4 of 5 would make a motion that we closed the public hearing on H-2018-0018 and the matter will continue to May 17th. Holland: Second. Perreault: It has been moved and seconded to close the public hearing on H -- Fitzgerald: Oh. Thank you. Perreault: We need to keep it open for the continuance? Okay. All right. Fitzgerald: All right. I'm -- Perreault: Would you like to withdraw your motion? Fitzgerald: Yes. Can I make an addendum to my motion to continue it until May 17th; is that correct? Perrault: Yes, that is correct. Fitzgerald: Okay. Perreault: Thank you. Holland: Second. Perreault: Excellent. So, can we get one more motion to adjourn the meeting this evening? Fitzgerald: No. We got to take a vote. Perreault: Is there anything else? Holland: We have go to vote on that. Cassinelli: We have got to vote on that. Perreault: I'm sorry. Vote on the continuance. Fitzgerald: Yeah. Perreault: We do need to vote on the continuance. All those in favor? None opposed. Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. Meridian City Council Meeting Agenda May 3, 2018 – Page 7 of 42 Meridian Planning & Zoning Commission April 19, 2018 Page 5 of 5 Perreault: Are we done for this evening, then, Chris? Johnson: Need a motion to -- Perreault: Okay. Johnson: Motion to adjourn. Cassinelli: I move we adjourn. Fitzgerald: Second. Perreault: Excellent. We have a motion and a second. All those in favor? Motion carries. MOTION CARRIED: FOUR AYES. THREE ABSENT. MEETING ADJOURNED AT 6:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED" -�& //,, Q /-tC(C� R ONDA McCARVEL - CHAIRMAN ., ATTE C.' JAY CO 4. - CITY CLERK 513 I /g DATE APPROVED Planning and Zoning Commission Meeting April 19, 2018 Item #4A: Cherry Blossom Vicinity/Zoning Map Proposed Preliminary Plat Proposed Landscape Plan Planning and Zoning Commission Meeting Meeting Date: April 19, 2018 Agenda Item Number: 3A Project/File Number: Item Title Approve Minutes of the April 5, 2018 Planning and Zoning Commission Meeting G✓ APPROVED Meetina Notes Meridian Planning & Zoning Commission April_5, 2018 Page 22 of 21 L - CHAIRMAN seSS, Pe,, -eau ATTW: , /;'-) LERK D q ISI �� g DATE APPROVED QO�P�r,D A UGUSTI S � Iy z city et S- Planning and Zoning Commission Meeting Meeting Date: April 19, 2018 Agenda Item Number: 3B Project/File Number: H-2018-0013 Item Title The Cottages Findings of Fact, Conclusions of Law for The Cottages (H-2018- 0013) by Jeff Likes Located at 2134,2146,2158,2182,2170 and 2194 W. Everest Lane CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ffy-- ', tr In the Matter of the Request for Conditional Use Permit to Construct and Operate an Assisted Living Facility for The Cottages, Located at 2134, 2146, 2158, 2182, 2170 and 2194 W. Everest Lane in the L -O Zoning District, by Jeff Likes. Case No(s). H-2018-0013 For the Planning & Zoning Commission Hearing Date of. April 5, 2018 (Findings on April 19. 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 5, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 5, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 5, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 5, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0013 Page 1 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of April 5, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 1I - 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of April 5, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-513-617.1 During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period in accord with UDC 11 -5B -6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff report for the hearing date of April 5, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0013 Page 2 By action_ of the Planning & Zoning Commission at its regular meeting held on the day of 2018. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER STEVEN YEARSLEY CK0YOiUIRMSto] el"A� I COMMISSIONER LISA HOLLAND COMMISSIONER WILLIAM CASSINELLI COMMISSIONER JESSICA PERREAULT VOTED VOTED VOTED VOTED VOTED ° ec. VOTED2U VOTED f 1, Chairman +:fL'DAUGUS� 000, y G��,Q� r Jro� Attest: �� city of cl-i ' of '� P{ g F - r S� Col ity r JY erk Nr Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0013 Page 3 Planning and Zoning Commission Meeting Meeting Date: April 19, 2018 Agenda Item Number: 4A Project/File Number: H-2018-0013 Item Title Cherry Blossom Subdivision Cori �(Y) (-/L I 1,-J c,n � L Meetinq Notes CITY OF MERIDIAN PLANNING AND ZONING PUBLIC HEARING SIGN -IN SHEET Date: April 19, 2018 Item # Project Number: Project Name: H-2018-0013 Cherry Blossom Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) hr a- auaL k4r4- JC�l �)-)) ' GU / x tayl,% Co le 7D (0 „c5 X S S �C C Ct Vt `-� 1 L L v p l_' ffY OF MERIDIAN PLANNING AND ZGNIM PUBLIC HEARING SIGN -IN SHEET Date: April 19, 2018 Item # Project Number: H-2018-0013 02 Project Name: Cherry Blossom Subdivision Please print your name For Against Neutral Do you wises to testify (Y ) zv ma -)4 V\ \J\' LX 44, In rId ✓ d-�-�, ' V AlurQ&e r 2J Emil ��e u rld X � 0 Ab ab*1_3a4iAl �f A10 l' CITY OF MERIDIAN PLANNING AND ZONING PUBLIC HEARING SIGN -IN SHEET Date: April 19, 2018 Item # Project Number: H-2018-0013 02 Project Name: Cherry Blossom Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) `I<ar106 ILLnl r� o,t z f' `off i% ..ems C) Ql