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HomeMy WebLinkAbout2024-05-02 Meridian Planning and Zoning Meeting May 2, 2024. Meeting of the Meridian Planning and Zoning Commission of May 2, 2024, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Commissioner Andrew Seal, Commissioner Patrick Grace, Commissioner Jared Smith, Commissioner Brian Garrett and Commissioner Matthew Sandoval. Members Absent: Commissioner Maria Lorcher, and Commissioner Enrique Rivera. Others Present: Tina Lomeli, Kurt Starman, Bill Parsons, Lina Ritter and Dean Willis. ROLL-CALL ATTENDANCE _X Brian Garrett Maria Lorcher X Matthew Sandoval X Patrick Grace Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: Good evening and welcome to the Planning and Zoning Commission meeting for May 2nd, 2024. At this time I would like to call the meeting to order. The Commissioners who are present for this evening's -- evening's meeting are at City Hall and on Zoom. We also have staff from the city attorney and clerk's offices, as well as City Planning Department. If you are joining us on Zoom this evening we can see that you are here. You may observe the meeting, however, 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 that we do not take questions until the public testimony portion. If you have a process question during this meeting please e-mail cityclerk@meridiancity.org and they will reply as quickly as possible. With that we will begin with roll call. Madam Clerk. ADOPTION OF AGENDA Seal: All right. The first item on the agenda is the adoption agenda. We have no changes, so can I get a motion to adopt the agenda as presented? Sandoval: So moved. Seal: Have I got a second? Garrett: Second. Seal: It's been moved and seconded to adopt the agenda. All in favor please say aye. Any opposed? Okay. The agenda is adopted. Meridian Planning&Zoning Commission May 2,2024 Page 2 of 8 MOTION CARRIED: FIVE AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the April 18, 2024 Meeting of the Planning and Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for Ultra Clean Carwash (H- 2023-0073) by KM Engineering, LLP, located at 715 E. Fairview Ave. Seal: Next item on the agenda is the Consent Agenda and we have two items on the Consent Agenda. First is to approve the minutes of the April 18th, 2024, meeting of the Planning and Zoning Commission and -- excuse me -- Findings of Fact, Conclusions of Law for Ultra Clean Car Wash H-2023-0073. Can I get a motion to accept the Consent Agenda as presented? Sandoval: So moved. Garrett: Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor, please, say aye. Opposed nay? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: All right. At this time I will explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to our Comprehensive Plan and Unified Development Code. After staff has made their presentation the applicant will come forward and present their case and respond to staff comments. You will have 15 minutes to do so. After the applicant is finished we will open the floor to public testimony. Each person will be called on all at once during the public testimony. The Clerk will call the names individually of those who have signed up in advance to testify. We will need you to state your name and address for the record and you will have up to three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting it will be displayed on the screen and you will run the presentation with assistance from the clerk if needed. If you have established you are speaking on 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 ten minutes. After all those who have signed up in advance have spoken we will invite any others who wish -- may wish to testify. When you are finished if the Commission does not have questions for you you will return to your seat in chambers or be muted on Zoom -- Zoom and no longer have the ability to speak. Please remember we generally do not call people back up. After all testimony has been heard the applicant will be given another ten minutes to come back and respond. When Meridian Planning&Zoning Commission May 2,2024 Page 3 of 8 the applicant is finished responding to questions and concerns. We will close the public hearing and the Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 3. Public Hearing for Idaho Pup and Ales (H-2024-0006) by Aviva Childress, Studio H Architects, Located at 70 S. Outpost Ln. A. Request: Conditional Use Permit for a 6,595 square foot building on 1.098 acres of land in the C-G zoning district for a drinking establishment which includes a dog park club. Seal: With all of that I would like to open the public hearing for Item No. H-2024-0006 for Idaho Pup and Ales and we will begin with the staff report. Ritter: I'm Linda Ritter, associate planner. So, tonight we are here to discuss the Idaho Pups and Ales. This site consists of 1.09 acres of land that is zoned C-G and it's located at 70 South Outpost Lane. The request is for a CUP to operate a drinking establishment. The drinking establishment will consist of 6,595 square feet -- square foot building, 3,548 is for the building and 3,407 is for the covered patio and this will also include a dog park club. The club will be open to members and their guests and will serve as a gathering place for dog lovers in the community to have a safe, clean and -- to have safe, clean fun and to meet one another. The owners have proposed to operate this establishment from 10:00 a.m. to 10:00 p.m. daily and this is a condition of the CUP. The operating time frame includes operating until 2:00 a.m. for special occasions and to clarify the condition of approval regarding the hours of operation, this only pertains to indoor activities. All outside activity shall cease at 10:00 p.m. A drinking establishment requires one parking space for every 250 square feet of gross floor area. The total number of parking spaces required is 26. The applicant has exceeded the number of parking spaces required for this proposal per the Ten Mile Creek master declaration, the covenants, conditions and restrictions and reciprocal easements agreement, there are none undisclosed easements over and across the portions of a common area, which are from time to time provided for vehicles parking. As you can see they are adding additional parking that will be proposed for this future property here, but that is part of the agreement for this master plan here. So, the building design has been reviewed for preliminary approval by the Ten Mile Crossing Design Review Board in accordance with their Ten Mile Crossing Design Guidelines. So, this portion of the application will not be reviewed by the city. Sidewalks have been provided in front of the building for pedestrian access from West Peak Cloud Lane and Franklin Road by the applicant. Brighton will be responsible for the construction of the sidewalk south on West Pink Cloud and West of Wayfinder Avenue. The applicant will be required to provide a pedestrian walkway connection from the south side of West Peak Cloud Lane to the property. Prior to construction of the sidewalk on south -- the south side of West Pink Cloud Lane the applicant can install a sign stating this is for pedestrian crossing to get people across the road safely to their establishment and as you can see the site Meridian Planning&Zoning Commission May 2,2024 Page 4 of 8 plan shows an area for a food truck currently. So, this -- the use of a food truck cannot be approved with this conditional use permit as is not an allowable use through our code. However, the applicant can apply for a temporary use permit through the city clerk's office. Staff is currently processing a code change to allow food trucks. If approved the applicant will need to submit a certificate of zoning compliance for the -- for the use of a permanent food truck. So, for this application the city did not receive any written testimony and with this presentation staff is recommending approval with the conditions that are provided within the staff report. So, at this time staff will stand for any questions that the Commission has. Seal: All right. Thank you very much. Would the applicant like to come forward? Good evening. I will need your name and address for the record, please. Johnson: Michelle Johnson. My address is 11429 West Hiawatha, Boise. 83709. Seal: The floor is yours. Okay. Well, Idaho Pups and Ales is a membership-based dog park bar. So, essentially, it started out with a group play environment for people to go and engage with other dog loving people. So, the off-leash area will be the -- on the picture there. Outside of the patio there will be a fenced area and that will be the off leash area and it will have a splash pad and dogs will be able to just come and go. there will be a small dog area as well and, then, we will have, yes, beer, wine and coffee on the -- on the patio and inside the building. Seal: Okay. Anything else? Johnson: I don't know. Seal: That's okay. Want to make sure that if there is anything else you want to tell us you get it in there, so -- Johnson: I mean I definitely can answer any questions for sure. You know exactly what you guys want. Seal: Commissioners, do we have any questions for the applicant or staff? Garrett: Just out of curiosity, it's a membership? Johnson: It is a membership based. So, anybody bringing their dogs will pay a membership fee, their daily, monthly or annual fee. Garrett: Oh. Okay. Johnson: We will be able to keep track of vaccine records and behavioral issues. Garrett: Great. Thank you. Meridian Planning&Zoning Commission May 2,2024 Page 5 of 8 Seal: Okay. Quick question. Could we go back to the picture that has the -- the dog bone table? That went by really fast. I just -- I noticed that, so -- you know, the -- the membership aspect of it -- I mean is it -- is it open only to members or is it -- Johnson: If you bring your dog -- yes, it's a membership -- to pay for them to come. If you are coming without your dog you still have to fill out all the information for security reasons, but there is no fee for you to come. Seal: Okay. Yeah. That was -- a lot of the questions that I had around it were just asked, so -- and the fencing that's put in -- I mean if you have a jumper or runner how do -- Johnson: Fences will be six feet and so most dogs aren't going to jump back there if they are engaging with other dogs in the play area. So, most dogs want to jump the fence if they are home alone. Seal: Right. Okay. Fair enough. Sandoval: Mr. Chair? Seal: Go ahead. Sandoval: Just out of curiosity is this off leash area, is it turf? Johnson: It is turf. Sandoval: Okay. That was it. Johnson: It will have canine grass and on the splash pad. Sandoval: Thank you. Seal: Anything else, Commissioners? Grace: Mr. Chair? Seal: Just a second. Go right ahead, Linda. Ritter: Oh. I just wanted to -- whenever you are making the recommendations if you could add in the provision regarding the hours of operation. Seal: It was a 2:00 a.m. operation in indoor facility only; correct? Ritter: Correct. Seal: Okay. Commission Grace, go ahead. Meridian Planning&Zoning Commission May 2,2024 Page 6 of 8 Grace: Yeah. So, I'm sorry, Ms. Johnson, I didn't catch your first name, but is -- are you serving any food on your premises or is that the purpose of the food -- the food truck will be the only -- Johnson: Yeah. That's the purpose of the food trucks. We personally won't have any food and we wanted to do food trucks just on random days during the week. Grace: Okay. And just kind of a follow up -- and this may be for the city staff, but I -- in the part of our agenda packet it kind of lists the city agencies and offices that -- that look at this and they have comments about it. I -- and this is -- this is a little bit just my -- my own naivete in not understanding how these things work, but does the health department look at this at all when there is maybe food and animal combination in the same -- in the same sort of space? If that's for the city, then, so be it. Johnson: Yes, they do. Actually, I know we spoke with the lady from the health department regarding -- so, we personally won't have any food, but she did say that because the food trucks are responsible for theirs, the health around their food truck, that they can have it inside our building, so -- Grace: Okay. Johnson: Can't anywhere where it's prepared. Grace: Right. Okay. Okay. Ritter: Yes. I think they already submitted something from the health department. I'm not sure why it wasn't on their agency comments, but I think before we get to this point we had received something from the health department where they had approved it and somehow it didn't get put into that section under agency comments. So, my apologies. Seal: Okay. Grace: Thank you. That's all, Mr. Chair. Seal: Thank you. Any other questions? All right. Thank you very much. Is there anybody else who would like to come up and testify on this application? No? Okay. If there is anything else you want to add? Okay. All right. Thank you very much. Appreciate that. And with that I will take a motion to close the public hearing for File No. H-2024-0006 for Idaho Pup and Ales. Starman: Mr. Chairman, before we do that let me just note for the record that we have no other attendees in the audience and the clerk is confirming we have no one online either. So, I just wanted to add that to the record. Seal: Okay. Thank you. Appreciate it. Meridian Planning&Zoning Commission May 2,2024 Page 7 of 8 Sandoval: So moved. Seal: Do I have a second? Garrett: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2024- 0006 for Idaho Pup and Ales. All in favor please say aye. Opposed nay? Okay. The public hearing is closed. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: Who would like to go first? Sandoval: Mr. Chair? Seal: Commissioner Sandoval, go ahead. Sandoval: When I was reviewing this I thought it was a really interesting concept and the only thing I kept thinking was insurance. How are they going to do this with dog and -- the membership and the waivers make a lot of sense, so I think it's a good idea. Seal: Yeah. I mean it's -- it's interesting. It's definitely -- it's the first time I have seen it for sure. So, glad I'm -- you know, happy to see something different going in and, you know, this will be something different for the valley to kind of come to Meridian for, which, you know, I do appreciate. So, things that are different and new people tend to kind of come around and appreciate you are doing it out where it's easy to get on and off onto the freeway. There is plenty of parking. You know, good -- good space to do that in, so -- yeah. And I have -- like I said, I love the -- the picture that's on the display with the -- the table shape like a dog bone, so -- other than that, yeah, I -- I mean they meet all the code. They exceed parking. You know, it seems like a good place to put this, so -- any other comments or a motion? Sandoval: Mr. Chair? Seal: Go ahead. Sandoval: After considering all staff, applicant and public -- public testimony, I move to approve File No. H-2024-0006 as presented in the staff report for the hearing date of May 2nd, 2024, with the following modifications: To include provision for hours of operation up to 2:00 a.m. in the indoor area only for special circumstances. Garrett: Second. Flo Meridian Planning&Zoning Commission May 2,2024 Page 8 of 8 Seal: It's been moved and seconded to approve File No. H-2024-0006 for Idaho Pup and Ales, with the aforementioned modification. All in favor please say aye. Opposed nay? The motion passes. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: All right. Thank you very much. Appreciate it. And good luck. All right. Well, then, I will take one more motion. Garrett: Move to adjourn, Mr. Chairman. Seal: Do I have a second? Sandoval: Second. Seal: It's been moved and seconded that we adjourn. All in favor please say aye. Opposed nay? We are adjourned. Thank you all. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 6:18 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 5 16 1 24 ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK F-11