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HomeMy WebLinkAbout2007 06-21P::';: ~,.'. ~~`~_: • s. I MERIDIAN PLANNING AND ZONING . * y' C~~-Y ~~ '° ~ COMMISSION . _..~. ~ - `$ SPECIAL MEETING /WORKSHOP ~ , ,caHO ~~ AGENDA ~ ~ C~ .~ ~ City Council Chambers ~} 33 East Idaho Avenue, Meridian, Idaho ~~~~ ~~ ~`'_-~ Thursday, June 21, 2007 at 5:30 p.m. r~ "Although the City of Meridian no longer requires sworn testimony, ~ all presentations before the Mayor and City Council are expected ~' to be truthful and honest to best of the ability of the presenter." , _ 1. Roll-call Attendance: • r, X Tom O'Brien _X Wendy Newton-Huckabay X David Moe O Steve Siddoway ~_ X Michael Rohm -chairman ~~ 2. Adoption of the Agenda: Approve 3. Discussion including but not limited to: The purpose of the Planning ~ Zoning Commission, the Comprehensive Plan, and Zoning and Subdivision Regulations; The role of the Planning & Zoning Commission; Basis for making decisions; State Code related to the Planning & Zoning Commission -Land Use Planning Act (LUPA); and, Ethics and Code of Conduct. The discussion will include a presentation by Diane Kushlan: Discussed ~; ' Meridian Planning &~ Zoning Commission Special Meeting /Workshop Agenda -June 21, 2007Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. r r:.1f: _ t'~:q..s~ s ~~:: ~ ` ':. 's /.i'~ ' 11:'. i .'~, ~. i'.~~ .. `a ' ay pR ..a _ .. ,::?~ ,~:: ;. „ .x ~ :. ~~:~":: } .: aa~~~.y r~a?'~q:. r,~, w~:~..... y rv ~~ :~, ,~;: t ;,~~ ~» '} ::, t ;'_. -- F,. :. ,r ; N,- ~: _.',. v~~, c 33 East Idaho Avenue, Meridian, Idaho Thursday, June 21, 2007 at 5:30 p.m. 1. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." Roll-call Attendance: Tom O'Brien ~ Wendy Newton-Huckabay .~ David Moe Steve Siddoway ~_ Michael Rohm -chairman 2. Adoption of the Agenda: 3. Discussion including but not limited to: The purpose of the Planning & Zoning Commission, the Comprehensive Plan, and Zoning and Subdivision Regulations; The role of the Planning ~ Zoning Commission; Basis for making decisions; State Code related to the Planning ~ Zoning Commission -Land Use Planning Act (LUPA); and, Ethics and Code of Conduct. The discussion will include a presentation by Diane Kushlan. ~r~ ~tr~~ Meridian Planning 8~ Zoning Commission Special Meeting /Workshop Agenda -June 21, 2007Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ' '. 3`, .. I _ ~ ~ i ~ ~. 7 t i~ ~- f~~ ~*. ~ s 4~ ~ ~ S~ r. ~, a° "~~{ ~~! ry~,tA~.}~~ 1,~ t a.. _ .F _ yil c k ~ ~ ~, ~~~~~tn { ~, max; , a~ ~ f~~~: ~<< ~ i f wr ~, ra ~sa ~~ ~ f s u,f~ z..~j n ti~'.~ ~ ~~ ~z ~ r .L ~r.~~I. ,,~~ ~ ~b:h ~ "~ cf~~ s~t , ~i `3ppp;~ {,, y': r~p ~ f'S 'a h•~r .1' IH ( M t ~:-~c ~, r~: t ~ r,~k a f + W~i..~`1 137 ! w~;yh _ .. I- ro~ I ~,k ~-~ I ~t Yn .2", r ,~~ " ~ Y ~~,. -q~ F w`4 el{y~ -'~~s 'Tku~ay. S~V~I. td4 ~It "j~+~ _, 3 ~i '.~ ~`I _~<~.~~, :;;fir: ,~:~, ,~:~Fa .>F:;, ;I ,,~ . ~~;; T, 7=<< '; ;.,' ~, _, Y~ ,.j*11 ~jr , pYp~~. CITY OF ~q~~~,: ~ ~ ~.. _ ~~ PY1`v~1G"17 _~~ ~\ IDAHO ~~ ~y~ /~' cF ~q ~ TAe,tsuRe V N~V g 79U3 ~ ~'l~-vlk- ~~~t~ ~ MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING /WORKSHOP AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, June 21, 2007 at 5:30 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Tom O'Brien Wendy Newton-Huckabay David Moe Steve Siddoway Michael Rohm -chairman 2. Adoption of the Agenda: 3. Discussion including but not limited to: The purpose of the Planning 8~ Zoning Commission, the Comprehensive Plan, and Zoning and Subdivision Regulations; The role of the Planning ~ Zoning Commission; Basis for making decisions; State Code related to the Planning & Zoning Commission -Land Use Planning Act (LUPA); and, Ethics and Code of Conduct. The discussion will include a presentation by Diane Kushlan. Meridian Planning & Zoning Commission Special Meeting /Workshop Agenda -June 21, 2007Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ k t xS~~T r~ ~~'~ Ya i c~ Fir; `~R+r2k'FP4 of 3Y:r ~y:KE,1~. _ -, ~. ~ ~ ~ ~i -s + ~; j ~ ~~~ f 5'? ~ ~ a~" ~'~`~''~> ~a~f-` ~ ^ ~r ~¢~ , . L ~~ . , ,+, y~,. !; ~ ~ I r 'SG 3 j~ ~ ~ t '~'r~N"~"tf pp F. Yak{{ Tc_ rL~ } l i ~ f'~UYxi~ J ~ ~~~ S ~ . ir} ~•~YY~~ ~~~ ~~ ~b~f~ ' ~i i •h, +y iti3 Y `i4 1~-'J ~ti ~~' f ~"~7~ ~i ~ ~y - 'ti. „t. r, ~' Y~ ~ . r'i ,. `, r,, ra - ~ t ~ w 5~ C~~`~o+~ t ,- l~stit~r~ ' '`^` r ~~ ~ «,~p ~.:;:> s ,x.,x ~. ~i ~~.;._ .x`a µ. 'Tei.v.l,~~4't s I r~M-. -.... .. .... .. :'yi ~_ ~ l ~ - t CITY OF ~ ', ~~ ~i k ~', sl) ' ~~: ~ " ~ ~'~ ~YIt 1G~ YI ~ ~' , IDAHO /IJ =r { ~'~{ ~ ~ti ., , FRO/!R~ TItE/LSLIHE. V:v1l:Y 61NGE ~ ,j - MAYOR saa NOTICE OF SPECIAL MEETING /WORKSHOP Tan~iny de Weerd ~` PLANNING AND ZONING COMMISSION CITY COUNCIL MEMBERS "§ ;' Kcid~ Bird r ~; ~ Joseph W. Borton Chaff les M. Rountree _ s David zarelnba NOTICE IS HEREBY GIVEN that the Planning and Zoning ~,_ ;: CITY I~ErARTMENTS Commission of the City of Meridian will hold a Special Meeting /Workshop ~- x City Attorney/HR ;_.~~ 703 Main street at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on ~- ~'~ ~ 898-5506 (City Attorney) a=~ =r~ 398-5503 (HR) Thursday, June 21, 2007 at 5:30 P.M. The purpose of the meeting is for Fay 334-3723 Fire a Planning & Zoning Commission training workshop with anticipated 540 E. Franklin Road ~,~ ~' 888-1234 /fax 895-0390 discussion topics including but not limited to: The purpose of the Planning f, Parks & Recreation ~~~• 11 W. Bower Street 888-3579 /fax 898-5501 & Zoning Commission, the Comprehensive Plan, and Zoning and x Planning Subdivision Regulations; The role of the Planning & Zoning Commission; rho F. Watertower Lane Suite 202 j 884-5533 /fax 888-6854 Basis for making decisions; State Code related to the Planning & Zoning Police 7407 >~:. watertower Lane Commission -Land Use Planning Act (P UPA); and, Ethics and Code of rr 888-6678 /fax 846-7366 ; Ptihlic works Conduct. The discussion will include a presentation by Diane Kushlan. 66U E. Watertower Lane k" Suite 200 393-5500 i fax 898-9x51 The public is welcome to attend the special meeting. ~ - (~'`~ ~~ ~~i° ~ - Building ,~,`` ' `~, ~' ,~ ~ ~ 660 E. Watertower Lane ~ ~' ~(~~ T DATED this 15th of June, 2007. ~ ~ - suite 15o ~ ~~ ` 887-227 7 /fax 887-1297 , ,~ ;; 1x~,- ~~~ - Wastewater ;407 N. Ten Mile Road ~~ -fir ~', - ~ ~ - ~ U y~ ~ ~ ~~'~~~C} ~L ~_ - y~~ . 4 888-2191 /tax 884-0744 WILLIAM G. BERG,;1R~ ~~1(CL T ~ ,_, ~p `~~ ~~' 2235 N.W. 8th Street ~%,,~`~3at~9~°t ,~` r,,, 888-5242 /fax 884-1159 • • I 1 ~ ~ `~ ~ "~ ' Meridian City Planning & Zoning Commission Special MeetingM/orkshop -June 21, 2007 ~' All materials pr®s®nted at public meetings shall become th® property of the City of Meridian- Anyone desiring accommodation for dlsabi%rti®s related to doa~ments and / or hearings, '~~'~~ please contact the City CI®rk s Offi'c® at 888-4433 at least 48 hours prior to the public meeting. -tau:; ~:r CITY HALL 33 EAST IDAHO AVENUE MERIDIAI+1, IDAxo 83642 (208) 888-4433 C ITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4873 MAYOR'S OFFICE -PAX 884-8119 ~' ~;~ Printed on recycled paper .ti~k~~~~ ~Nr: ., ,. tiff;: - r.;;,,., I ~'__~. A ~~~}}} k.s 5 CITY OF ..a ~YlIG"~I . . ~~w IDAHO F~ ~~ ~~R ~~' TREASURE V.4UEY SINCE 1993 MAYOR . a Tanuny de Weerd "-~f CITY COUNCIL MEMBERS keith Bird ioseph W. Borton Charles M. Rountree David Zaremba .;,~ CITY DEPARTMENTS - Citv Attorney/HR f~~-,~ 703 Main Street .'~ ~' 898-5506 (City Attorney) 898-5503 (HR) -- Fax 884-8723 Fire ~'`~p_F 540 F. Franklin Road :-"':~ ~j 585-1234 /fax 895-0390 .:' '.:>: ,: F~ 'F~ i ,._- ti w Parks & Recreation 11 bV. Bower Street 588-3579 /fax 898-5501 1-'1allnlllb ti60 E. Watertower Lane Suite 202 884-5533/tax 888-6854 Police 1401 E. Watertower Lane 885-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-221 ] /fax 887-1297 - Wastewater 340] N. Ten Mile Road 888-2] 97 /fax 884-0744 Water 2235 N.W. 8th Street 888-5242/fax 884-1159 NOTICE OF SPECIAL MEETING /WORKSHOP PLANNING AND ZONING COMMISSION NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a Special Meeting /Workshop at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Thursday, June 21, 2007 at 5:30 P.M. The purpose of the meeting is for a Planning & Zoning Commission training workshop with anticipated discussion topics including but not limited to: The purpose of the Planning & Zoning Commission, the Comprehensive Ptan, and Zoning and Subdivision Regulations; The role of the Planning & Zoning Commission; Basis for making decisions; State Code related to the Planning & Zoning Commission -Land Use Planning Act (LUPA); and, Ethics and Code of Conduct. The discussion will include a presentation by Diane Kushlan. The public is welcome to attend the special meeting ~ ~~,,~~~~ ~ ,, DATED this 15th of June, 2007. ~° e~~~~, ° ~~°-, ~ ~o~ ~` WILLIAM G. BERG, ~~ ~~ CL ~ T9~~• ~~ a Meridian City Planning & Zoning Commission Special M®eting/VVorkshop - Jun® 21, 2007 All mat®rieis presented at public meetings shmll become the prop®rty of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public mestfng. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 8848119 Printed on recycled paper ~ ~. y~t'= r Ki Y ~ ~ fl~,s!a~ ~ ~ ~~~ ~ ~ r- -. 'k./ ~ ~ r 1 s s ~ r 7 ~~. ~" r£~R~ ~ _ ~f r " ~ +ss~'~ ~i a. y+ ~~~ ~.r ~!. 73 k, :. ,rys _ - a:;' s_ ,$ ~~,,,, 4 R ~ ~ ~ ~ ~~. ~) ,mot - K ~ n ~ x 7 ~ ~ e r,k r ~' ;k p i i;~r~e'$'~ i, ~UI~ 4 ~J l~S~-,~i1 ELY t ~ G ~4~~1~N~ - 1' a x i 7 ~w, +N ~ ~z '~l ~ , 7 ~ ~ i ~ ;~ i~ 3±y~P ~s.'{a'~ ,~ - F' ' d =; ~ • ~. ~,,; `:~ ~ ~- crrv orr ~ ~ ~" `p I~~~ ~~: ~Yll~°J? - ~, w, IDAHO :~ FcE~y.,~ Y ... ~~. "CR °J/7a TREASURE V N%~Y g 1943 MAYOR NOTICE OF SPECIAL MEETING /WORKSHOP ^':~~+~` T~3n,my de Weerd "' - PLANNING AND ZONING COMMISSION ~ "'?~, CITY COUNCIL MEMBERS '~ :~~. _' _~~ 1';eith Bird Joseph W. Borton Charles M. Rountree ~ ,_! ~a~id zaremba NOTICE IS HEREBY GIVEN that the Planning and Zoning ~. ~~ ~. i CITY T~EPARTMENTS Commission of the City of Meridian will hold a Special Meeting /Workshop r: '' Cite Attorney/HR ~; X03 Mail, street at Meridian City Nall, 33 East Idaho Avenue, Meridian, Idaho, on '`•" 898-5506 (City Attorney) • ~~~~'' ~~s-55°' (HR) Thursday, June 21, 2007 at 5:30 P.M. The purpose of the meeting is for Fax 884-8723 q " I ~~"~e a Planning & Zoning Commission training workshop with anticipated 540 E. Franklin Road 888-1234 /tax 895-0390 °' discussion topics including but not limited to: The purpose of the Planning 1 arks & Recreation 11 W. Bower Street ~~~ 888-3579 /fax 898-5501 & Zoning Commission, the Comprehensive Ptan, and Zoning and ~,:.^_ _ Plclllll111b 660 E. Watertower Lane Subdivision Regulations; The role of the Planning & Zoning Commission; r'_'t. Suite 202 884-5533 /fax ss8-6s54 Basis for making decisions; State Code related to the Planning & Zoning Police ~~ }~ 1401 E. watertower Lane Commission -Land Use Planning Act (LUPA); and, Ethics and Code Of 888-6678 /fax 846-7366 ~~ r'l,bhc works Conduct. The discussion will include a presentation by Diane Kushlan. :;,>. 660 E. Watertower Lane r Suite 200 898-5500/fax 898-9551 k~ ~ b The public is welcome to attend the special meeting~~ ~ , '<° ~ ~ -~, t ` - Building 660 E. Watertower Lane '°o ~ suite 150 DATED this 15th of June, 2007. ~' ~~ ~-;, ~, O 887-2211 /fax 887-1297 l_ ~ - Wastewater ~~/) ~ ~ ,~. ~. X401 N. Ten Mile Road se8-2191 i fax 884-0744 WILLIAM G. BERG, ~~~ ~~ Cs L `,, - l~~ater ° 2235 N.W. 8th Street °~'°i~ ~'~-~ , ~o°`®° 888-5242 /fax 884-1159 , . , 1, t ~ `' Mendian City Planning & Zoning Commission Special Meet/ng/VVorkshop -June 21, 2007 - AI! mat®risls present~l at public meetings shall become th® property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Cl®rk's Office at 888-4433 at least 48 hours prior to the pubic meeting. ~- , CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 885-4218 FINANCE & UTILITY BILLING -FAX 887-11813 MAYOR'S OFFICE -FAX 884-8119 i Printed on recycled pager ~ ~~~ ,~ , ~g 4 ~ ~ , Y ~ R~ - k~ 1> ~ ~ ~~ ~ ~ ~ ~ ~ t r~ ~ ~ ~ti ~ fl~n sS> ~ ~ , c ~ ~ ( ~ .. Fit ~ '~ ri ~~ ` ! _." ~~" J i ~ ; -- ..,, ~ ~, s, 1 . ,.~ ,~ `jr.r ~ ii+pd ~~~~~~ ~ , ~} RGi~fij~~ ~ 4 ~ ~ ~, ~.~r• ~ 1 ~ ~S1 4f i l R~ `tK ~Uh~' ~ :. ~ y , ~.~lS ~ ~~( `~p2l +' ~r ~yg~ ~ F . Y y,~ ~. ,~'wM~ `~ h` t ' e- ti~sr~k~l~b {r d i'7~ ~ - ~,~v~r~ ~; ~:~ { ~ r ~vM a, `fir. ~. ai f~~ ~P `;~w. ~ { r~-t ~ ~ ~, t 3~:k ~3 c "~ i ,~] ~ e v. ~ t; ~` A b ~t~~~-l34 s `3i*i'~'~~"~' 4Y. ~~ s y tt'. i~bw ~ , }~ ~Y$, L xr~ ` ~ ~ ~ ~~ ~ f ~~ ~ i ~ ~ . ~+ obi ~~" ~ ~ +y b 1 'A, :.. t ~ '""~'~'~ ~y 4 ~;' , ~ ~~ ~,~~, a , ~ 4rF~,y ~~ _ b yx.' r~ ~.t ~ i. r~'' Yx ~ ~~~P ~fs~~~f k -'ha.'.' cc`~~.~~'~re •h ~` ~i' - ~~EM ~ ~'' ~~ 4 ~'"~ - .. _ ~ - Broadcast Report - ~ Date/Time 06-15-2007 LocaIID 1 2088884218 Local ID 2 . .~~ ~;. ~,,.. ~:N . `~ : i }I,Y 'L 1 I Total Paces Scanned r t PLANNING ANO ZONING COMMlSSlON NOTICE IS HEREBY GIVEN ihat the Piarning and Zorr)ing Commisstmt ~ the Cary of Meridian wifi hold a SpecJal Me~lt~ / Waulcshop at MeridiarJ City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Thuraday~ June 21, 2007 at 5:30 P.M. The purpose Of the irteetirtg i8 for a Planning & Zoning Commission training worksttap with antlf~pated d~a.tcston topics including but not Nrrtlted bo: The pLtirpoBe of the Planning & Zoning Commission, the Compreherreive Plan, artd Zonb~g and Subdivtsian Regulations; The role of the Plsmtir>g & 2Onirtg Commission; Basis fo7' matd~lg dadsiar~; abate Cade related to the Plarvthtg & Zoning Commission -Ladd lJse Pla7trring Ad (t.UPA}; and, Etl~ic~ arai Cede of Conduct. The dltiorl will lru~trde a ltetion by Dimie Kushlan. The public is welcome to attend the special mestirig. ~ ~ •,, DATED this 15th of .Note, 2007. ~~~ ~'•-. V~c~:!'b~'1 ~ ia1~ 1MLLIAM G. t3ERG,;IR~ CC ~ ~ `` Mer~ien C/tyl~tpt9lg & ZonUrBCemmlaskut SpeCdel R4t>eYitgA~VadctAog-.lane 2?. Z00T Air mafer/ai8 ptBSetNed et pabtfe cgs ahe8 become the ptopaAycUBte City of 6tett. Afryone desbbrg aooommtdab'on fatdisabJ~ea r~Perl todoaw-mttta 8AC/orieBet&1gb, t ~t6ea bte QryCterlt's O)!ke et 888.7439 a! 48ha~+a phfortotFte pabHa meatatg. CITY HALL 83 BAST TT/AT40 A.VENtJB MERmIA.F7• W~/) 8~2 (2f~) t~8-x.33 CY7'Y l1RHK-PAXS68~318 PDVAtr`CB&Il'13L1'IY BA].ItVG-pAX6A7-9S/3 MAYD&S~FlGE-6PJC8g8~f18 Paswt~ Tn+al Donne ~'....il....e.J . •e No. Job Remote Station ` Start Time Duration Pages Llne Mode Job Type Results `,~ `~ 001 514 3810160 09:00:10 a.m. 06-15-2007 00:00:00 019 1 G3 HS FA 002 514 8989551 09:00:10a.m.06-15-2007 00:00:22 1/1 1 EC HS CP21600 3': "• 003 514 8848723 09:00:10a.m.06-15-2007 00:00:38 1/1 1 EC HS CP14400 ~'- 004 514 8886854 09:00:10a.m.06-15-2007 00:00:18 1/1 1 EC HS CP28800 005 514 8985501 09:00:10 a.m. 06-15-2007 00:00:38 111 1 EC HS CP14400 006 514 8467366 09:00:10 a.m. 06-15-2007 00: Q0:19 1 J 1 1 EC HS CP28800 007 514 8950390 09:00:10a.m.06-15-2007 00:00:17 1/1 1 EC HS CP33600 09:28:00 a.m. Transmit Header Text Clty of Meridian Idaho Local Name 9 Line 1 Local Name 2 Llne 2 This document :Failed reduced sample and details below) Document size : 8.5 "x11 " ~~,,~~ ~~**~oF ~ `P~Q~e, `P~st ~ `~r.~.t~u.r/~~~- thus! ~~~1~let'7G>~l~t r ~~ ~d.t,~,,,~ ~ ~o~ ~ NOTICE OF SPECIAL MEETING 11fItORKSHOP Tammy de Weed crrx col,~t~t.,lSst~asas F:eitn Biro Jc!3t<ph 1W. Horton Charltw M. Rountree Daviat Za~emba Crrv T75PAA7M6[dY9 City Ant rney/1IR T>3 ialatn Strnet 898-5.50ti (airy Attorney} 1~ S.4A~ (11R) Fire 54116. franklkn Road 888-] /fart 885-0:90 Parks &- Recreagpn 71 W. Boe+rr Street tt8¢3579 !fax 8?H-55(11 C'lannin8 6t~01:, wa~erwwerLane Sutte.Zt'.<' 88A•3533 i fax 888.6654 Poii« i4ot e. aveterhrwer Larffi RRFi•l67S r fax 846.7366 Public BNOrks 660 E. Watertrnvet Lane 9ulta 200 a'96-55001 iax s489531 Huildtng rb0 E. Watertower tang Suite 750 8$7.2?11 /fax ~% 1297 • Wasbrtaatcr awl iv. ~rr„ m4iie Road Hsi a1911farc5~4~-0744 • SNater 2235 i~~. W. 8th Stmt 388.82.82 / fax 884-1169 Date/Time 06-15-2007 LocaIID 1 2088884218 Loca11D 2 :; -~ f ,;] ;;~' ., »'~= '" Broadcast Report _ 09:28:07 a.m. Transmit Header Text City of Merldlan Idaho Local Name 1 Line 1 Local Name 2 Llne 2 No. Job Remote Station Start Time Duration Pages Llne Mode Job Type Results 008 514 2088882682 09:00:10a.m.06-15-2007 00:00:18 1/1 1 EC HS CP31200 009 514 8886777 09:00:10a.m.06-15-2007 00:00:38 1/1 1 EC HS CP14400 010 514 8840745 09:00:10a.m.06-15-2007 00:00:19 111 1 EC HS CP28800 019 514 2083876393 09:00:10a.m.06-15-2007 00:00:38 1!1 1 EC HS CP14400 012 514 2877909 09:00:10a.m.06-15-2007 00:00:38 1/1 1 EC HS CP74400 093 514 2088885052 09:00:10a.m.06-15-2007 00:00:18 1/1 1 EC HS CP37200 014 514 8886573 09:00:10a,m.06-15-2007 00:01:31 111 1 EC HS CP9600 015 514 8881983 09:00:10a.m.06-15-2007 00:00:21 111 1 EC HS CP24000 016 514 2083776449 09:00:10 a.m. 06-15-2007 00:00:38 111 1 EC HS CP14400 017 514 4679562 09:00:10a.m.06-15-2007 OO:OO:Z1 111 1 EC HS CP24000 018 514 8886700 09:00:10a.m.06-15-2007 00:00:00 011 1 -- HS FA 019 514 8884022 09:00:10a.m.06-15-2007 00:01:02 1!1 1 EC HS CP14400 020 514 8841159 09:00:10a.m.06-15-2007 00:00:19 1/1 1 EC HS CP28800 021 514 2088840744 09:00:10a.m.06-95-2007 00:00:22 111 1 EC HS CP24000 <; ~' ~ Abbreviations: ,,;L , HS: Host send HR: Host receive _ `'I WS: Waiting send .,_ PL: Polled local MP: Mailbox print TU: Terminated by user PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 MS: Mallboxsave FA: Fall RP: Report EC: Error Correct i ., r ,~ ~ ~ y ~ ~~~~ ~` ,.~ < s~ ~ ~~ x » kr ~~ ~'" < . - x.,~ , ~-~ ~~. 1 1 } ~ +~ i I ~? r ~,~~,*~y~.~ r r ~c y''~fi + P tip ~ ~:ir"-' , ~~~~ ~~ rte'. } ~ 1 _ ~aic~~¢' 2't~~Y ~i~.j t 4 Y h Y .. i~ ,;, ~•~~ n~ s ~ w ~ "tF~^~~w'~ .~ , ~; },, ~~ fi r~ ~ ' ~ ;' ~~r"`~'. ~ ,~, ~'e'~ &~ E -i~ a .~, ~~-~ - r ~ ~ ~',~ ~ it r~~°. ?rF.+'. rx~~~ ~. ~~~~kfy~~^4 ~~. i ~ ~ Y J ~~I 6g •; ~'l ~ id ;.. ~~ ^ ~ t .T ~ ~Lfr~,~ry~i'r' r ~S 7 xd_ ] Tkt'tf~ ~' ,y,,, 5 ~`{~ ~. a ~ s~~ok - ~ ~ ~. r ~ ~~~~~ i ~€ ~~ ~ NYC -t ;;~t3Q, s-, ~" a Broadcast Report A ~ :~ Date/Time ~ 06-15-2007 02:08:51 p,m. Transmit HeaderText City of Meridlan Idaho ~~ ~~ Local ID 1 2088884218 Local Name 1 Line 1 " '~ Local ID 2 Local Name 2 Line 2 ~:„. >.-~ r. ' ~'`'~~~ This document :Failed (reduced sample and details below) Document size :8.5"x11 " -~ r ~ ~L.~4., ~o~t' ~ ~u.6~c- ~~ ee- ~ ih~~-~«~ f 7.i _ ~{ MERIDIAN PLANNING AND ZONING , a'"""' COMMISSION ''~-,Q,~ ~ j ~ SPECIAL MEETING !WORKSHOP /YLG'rXGXT ~ ~ AGEIIIDA a :.r., ;~ .,. • . e ~ City Counclt Chambers ~ 33 East Idaho Avenue, Meridlan, Watw ~'~; ,. '°; Thursday, June 2t, 2007 at 8:30 p.m. A~hough the city oPMeridtar< no longer requires sworn testMwny, ap presantatkirrs before the Mayor and C(ty Counclt are expected robe trulhfcr! and honest ro bed of the ebtltty of the preserver." {~ ~ 1. Roil-call Attendance: ';r.' Tom Q'Brlen Wendy Newton-Huckebay r ~ ' DaWd Moe Steve Slddoway ~; ' I Michael Rohm - cha[rman ''• ~p..~ ~ 2. Adoption of the Agenda: 3. Discussion Including but not limited to: The purpose of itte Planning .' & Zoning Commission, the ComPreh®nsive Plan, and Zoning and ' Subdivision Regulations; The rote of the Planning 8 Zoning ~ !' • Commission; Basis for making declslarts; State Code related to ttre Planning 8- Zoning Cammtsslon -Land Use Planning Act (LUPA); r: ~ and, Ethics and Code of Conduct. The discussion wit! include a ~;. ~ ~ presentation by Diane [{ushlan. .. '~ Total Pages Scanned : 1 Meridlan Plann6fg & ZafVdreg Commiselaf spe~al Msevrg ~ Nta agenda -.imp a1, aDO7Page 1 or 1 Aft frf8D07i01S pfeselped at pubic maetnga 6tre0 became ~+operiy of the City of Meddi~r. 14ny0r18 d~dng e>uarRr~datlDn rw dt~bil[@ee relied ~ d endlor tleafin~, please ooftffiCt9fe .City Cterk"e Ofllne 818B8-4433 et 4B iKWtB pi2o4'fe Life pUirTif.' maet7ng. Total Pages Confirmed : 20 No. Job Remote Station Start Tlme Duration Pages Line Mode Job Type Results 001 518 3810160 01:42:25 p.m. 06-15-2007 00:00:00 011 1 G3 HS FA 002 518 8989551 01:42:25 p.m.06-15-2007 00:00:14 1t1 9 EC HS CP21600 003 518 8848723 01:42:25 p.m.06-15-2007 00:00:27 1/1 1 EC HS CP74400 004 518 8886854 01:42:25 p.m.06-15-2007 00:00:12 111 1 EC HS CP28800 005 518 8985501 01:42:25 p.m.06-15-2007 00:00:27 1/1 1 EC HS CP14400 006 518 8467366 01:42:25 p.m.06-15-2007 00:00:13 111 1 EC HS CP28800 007 518 8950390 01:42:25 p,m,06-15-2007 00:00:11 1t1 1 EC HS CP33600 ~Yy, i ~ .' k. . ar+ .. h. 1 ~. ~3k, j.5~ rw~~ ~~~~ ~~E~?~~ ~" ~ k ~ 4.~r ~ ~ ~~~ ^~~ ~~~ ~ 'f tl~t A ~,~ ~ Y~ S •~T tj~1 ~~~',;,,~ ;+'.~ , ~a . ~~'~~~' ' ax. a, a ;fie+, _ - ~ ~ ~k ?r'~ ~ _ ,ti, w k~.~~35} y ~1 ~1,~q` ~a . .c r;.t - ~ i • ~~ , 3 0 ! ~ r~ w ~.TN''Sz ~ w,;~~,~~} #_ s .. ;~ r t ~ ~ is i _ a ,~1 y ~~ ~~ F 5 .r +t ' 4 L i ~~~~ ~, ~ a ~ •~Ef. _ r~ri~'~ x ;r~ ~ z ~~~~~{ ~ ~ 2;F +r ~ ~ ~ i ~.a~+C a y '~} ~ :a ~~1s~~~i r r ,~ r ~ ~,. ~s; ~ r,~$~~ ~ ::-~~ 3 1 t ~ fF ~ a 3. \ ~. 4y~ , ~ 1 } ly z [~ ~ p p ." ]] ~.;-;~~-; Date/Time ~; ~;,j Local ID 1 ~ LocaIID 2 ' . ~ , `' I a .. =~.a _t . s, ~ y. ,.,- ~ _.. _<`~ a~ ;-a._ ~. _ a.. ~~' "''"` Abbreviations: ~=" °` HS: Host send is ~ ~r,'~l HR: Host receive „~ r~~ WS: Waiting send s', %~<~. ~;~;. ps,. p >~ . t., i- r'; r:..:,,. ~:; 4< r>1^ "+ _- :;ta '~ PL: Polled local MP: Mailbox print TU: Terminated by user PR: Polled remote CP: Completed TS: Terminated by system G3: Group3 MS: Mailbox save FA: Fall RP: Report EC: Error Correll s-~ i~5 ~. >•- ~,G n~,.tG.t .~. ~Y r h ~r 5~9,,i~ ~'M~/ b..~ t ~k~ ~! ,7~ lY: ~! tti ~'a.Hrk.~s,S ~9.~'C ~~M a_.~a ~L'y%" 1 R~ 1~-r e,• ~~ ,Q 1 ~~ .~ 5~~~~~ I s~fi Lets L~i~•~ +,t~''~p~ r, ~ i3: sk S cf-~.i ~'.'~h`'~1 ~'J,'.. ~j'. +G}~. L,4~, 614{. 9 ! ~ ~ s~ s F ~ ~ ~s, qua ^` i~}ter.' {~ '~ ~~~~F'~~t~i G~~. `1~ l•' f,~~ x s i yi- ~ w Broadcast Report 06-15-2007 02:08:57 p.m. Transmit Header Text City of Meridian Idaho 2088884218 Local Name 1 Llne 1 Local Name 2 Llne 2 No. Job Remote Station Start Tlme Duration Pages Llne Mode Job Type Results 008 518 2088882682 01:42:25p.m.06-15-2007 00:00:12 111 1 EC HS CP33600 009 518 8886777 01:42:25 p.m. 06-15-2007 00:00:27 111 1 EC HS CP14400 010 518 8840745 01:42:25 p.m.06-15-2007 00:00:12 111 1 EC HS CPZ8800 091 518 2083876393 01:42:25p.m.06-15-2007 00:00:27 111 1 EC HS CP14400 012 518 2877909 01:42:25 p.m.06-15-2007 00:00:27 111 1 EC HS CP74400 013 518 2088885052 01:42:25 p.m.06-15-2007 00:00:92 1/1 1 EC HS CP31200 014 518 8886573 01:4Z:25p.m.06-15-2007 00:00:59 1i1 1 EC HS CP9600 015 518 8881983 01:42:25 p.m.06-15-2007 00:00:13 111 1 EC HS CP24000 016 51S 2083776449 01:42:25 p.m.06-15-2007 00:00:27 1/1 1 EC HS CP14400 017 518 4679562 01:42:25 p.m.06-15-2007 00:00:15 111 1 EC HS CP21600 018 518 8886700 01:42:25 p.m.06-15-2007 00:00:00 011 1 -- HS FA 019 518 8884022 01:42:25 p.m. 06-15-2007 00:00:44 111 1 EC HS CP14400 020 518 3886924 01:42:25 p.m. 06-15-2007 00:00:13 111 1 EC H5 CP26400 021 518 8641159 01:42:25 p.m.06-15-2007 00:00:12 111 1 EC HS CP28800 022 518 2088840744 01:42:25 p.m.06-15-2007 00:00:14 1!1 1 EC HS CP24000 Meridian Planning and Zoning Special Meeting June 21, 2007 Special Meeting of the Meridian Planning and Zoning Commission of Thursday, June 21, 2007, was called to order at 5:30 p.m. by Chairman Michael Rohm. Members Present: Michael Rohm, David Moe, Wendy Newton-Huckabay, Tom O'Brien. Members Absent: Steve Siddoway (arrived at 6:45 p.m.) Others Present: Caleb Hood, Amanda Hess, Matt Ellsworth, Sonya Wafters, Bill Parsons, Ted Baird, Machelle Hill, Scott Steckline and Emily Kane. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Tom O'Brien X David Moe -Vice Chairman O Steve Siddoway X Michael Rohm -Chairman Item 2: Adoption of the Agenda: Item 3. Discussion including but not limited to: The purpose of the Planning $ Zoning Commission, the Comprehensive Plan, and Zoning and Subdivision Regulations; The role of the Planning 8~ Zoning Commission; Basis for making decisions; State Code related to the Planning ~ Zoning Commission -Land Use Planning Act (LUPA); and, Ethics and Code of Conduct. The discussion will include a presentation by Diane Kushlan: Rohm: At this time I would like to tum the meeting over to Diane and you can present your stuff for us and we are glad to have to you. Kushlan: Thank you, Chairman Rohm and Members of the Commission. I am really thrilled to be here tonight and I am always in awe of Planning and Zoning Commission members that volunteer their time and especially to come to a special meeting on the first day of summer for an hour and one half of what you probably have is a long agenda tonight. So you have all my respect. I have had the privilege of meeting a couple of you -one of my rules is to speak into the microphone. I think a couple of you were around a couple of years ago when we did this before and so I hope it is not too redundant. It is more of a refresher and I hope the rest of you will find this useful to you. This is a generic presentation. I am going to cover a lot of material that is included in this presentation. Caleb indicated a whole range of things that he thought we should talk about. But, if there is some things - I know you probably have some very specific P3~: :: tfy-i::....... r ~~{. y. _~' .q :,; ` ~.': ":i: Meridian Planning & Zoning Special Meeting June 21 2007 _:°,y~. , Page 2 of 18 issues that you want to talk about or have some information about. So if we get into some things that you think are not appropriate, you don't care about just kind of wave +: your arms or something and we will just move through quickly on those and be sure to ~~~ ,~ ask me questions as we go along so we can keep this as informal as possible. I am a "= planning consultant. I have my own firm, which I have had for four years, but part of ~~ that I spent 30 years working in local government in medium and small sized cities in ~ California, Washington State and Idaho. About 20 of those years I spent as a Planning Director. So I have seen a lot of Commission and boards and elected officials in operation and have served to staff as many of those. Tonight what I am going to present is a lot of sort of the literature that is out there in terms of commission and commission workings, but there is a little bit of my own biases and opinions. A couple ~' of these issues, I know Anna and I disagree on. So keep that in mind as we go through ' ~ ` this that there is a little bit of personal reflection here as well as just some good ~- ~-~ ~. practices and stuff too. .:}_ Newton-Huckabay: Are you going to point out those sources of contention? ~'_,.. Kushlan: Absolutely. I will tell you where Anna disagrees with me on this. This is the ` long laundry list of agenda items that we wanted to talk about. First of all, kind of why ' i we plan? What are your responsibilities and roles as a Planning Commission? How you work with other people in the planning arena. There is whole other players that are ~ ~'~` involved and how you relate and what your responsibilities are to them. Here it goes into kind of my personal opinions about what makes a successful commissioner and what makes a successful commission and how you make the decisions and how you conduct good meetings. Then a little bit of some of the legal issues related to quasi, judicial decision-making and then we will do a little bit of wrap up with some summary '~}" Y ~a comments. That is the agenda. Be sure to wave your arms when it is not appurtenant ~ and relevant to what you are doing. So thou shall plan and why shall thou shall plan? `' ~ think there are a number of good reasons why communities should plan. One is that it `"~~ " ~~~'' is a good way to talk about what your community is, what it wants to be and how to '~;~ - address some of the issues that a community faces. Planning processes realty support community values. It brings people together to talk about your common vision for the future. It is a very democratic process and planning is good govemment. Really planning can set the stage for very orderly and efficient use of limited resources the ~~5'` govemment have and it anticipates change in a way that allows govemment to respond y- to those changes and respond to issues before they become too significant. Planning is r-~.~~~ - ~~ ~ ~ good business. I think that any good business has a business plan where they identify .x ' ~ their strengths and their weaknesses and how to overcome those weaknesses. So it is a good business model for us to follow as good govemment. Finally I think it makes t ° f,, good common sense. We all plan our families. We plan in our daily lives and I think it is only useful in common sense that the community would do that as well. So also why - ~. you need to plan is because the state says you have to and that is under the Land Use . rr' { Planning Act, which is Idaho Code Section 7665 and I didn't get a chance to make you a copy of that to put in your notebooks, but I think you can go online to the Idaho State ~`~ website and go to the statutes and look up the statute and it is a fairly quick read. It was originally drafted in 1976 and has been amended over times. So there are some add on ,;~^ ,~; ~ ,,trh4 , ~. ; xa;+ ~;.,: r,; r;,: h,,,: .'•.13: ij? 7;-` ~~ ~`} . x: ,.. ;~~,. _:~ ~:t, =~; >;; ~'~ . ,: ,- ~: Meridian Planning & Zoning Special Meeting June 21, 2007 Page 3 of 18 items, but it is a good read and it's the foundation for everything you do and so I encourage you if you get the time to look at it. It is also important, I think, to go back and look at the purpose of planning in Idaho and that is what these bullets go over in terms of why we plan. There are very fundamental things about providing good public services, preventing over crowding, preserving our natural resources. So good things to revisit from time to time is that Land Use Planning Act. So this is the hand of (inaudible) coming down and saying on the eighth day is the planner. He has got the plan in his hands. The responsibility to plan in Idaho is with local govemment and there is really no direct state involvement other than there is the statute that local govemment go out and do planning. Many states will have state planning offices that provide resources and they kind of monitor local govemment planning efforts, but we don't have any of that. We are one of the few states that don't. So there is really no sanctions if you don't plan. There certainly could be some legal remedies that could be brought before the city if they didn't plan correctly, but those have been few in terms of the case law in Idaho. The responsibility to plan is with the elected officials and they can delegate a part of that to you, part of that to staff and to a hearing examiner. We are one of few states that in our statute allows for some planning actions to be reviewed by hearing examiners and many communities in this Valley use a hearing examiner for that purpose. So are you contemplating a comprehensive plan update or anything soon? Newton-Huckabay: Yeah, every six months. Kushlan: An amendment? Well this is kind of the steps in the planning process in terms of adopting a fairly major update to a comp plan, not maybe just for a piece of property or a part of the community so I won't spend much time on it, but there is really just a few fundamental steps. One is looking at the communities vision; doing data inventory and assessment of what community characteristics there are within the community; doing what I call a reality check where you look at what the community would like the community to be and become verses what the realities are and how you overcome some of the challenges and then finally preparing a plan that you are familiar with, with Meridian's comp plan in terms of the content of that. The Idaho statute also has some subject areas, topical areas that must be addressed in your comprehensive plan and those are listed on this slide. Most communities will very rigorously go through and have a chapter on property rights and a chapter on population and schools and I encourage communities that are looking at your comp plan update to not maybe follow that. I think you have to address all of these issues, but I don't think you have to be so rigid about how you do that and if community design is your biggest issue that probably should be the first chapter. It might be integrated with some of the other topics as well. In addition to these mandated requirements, state law also allows you to add any topical areas that are significant to your community and many communities have done that. There are some communities that have a chapter, for example, on their downtown or a chapter or related historic preservation. So something to think about in the future if you go about doing another amendment to your comp plan. So responsibility to plan - these are the areas of responsibility that come out of the Idaho statutes. First is the preparation of the comprehensive plan, which we just talked about. One significant point of that is that public involvement is required through all stages of the m e • Meridian Planning & Zoning Special Meeting June 21, 2007 Page 4 of 18 comprehensive plan development. There is formal public hearing is to be required, but you are also encouraged to engage the public throughout that process. The responsibility to plan is also in creating and maintaining zoning and subdivisions and other development regulations as you have in your Unified Development Code that implement that comprehensive plan. The third area of planning is related to the administration of those codes and you administer them through the review of permits. Your plats, your conditional use permits, your subdivisions. I think most people think about planning as being the review of those kind of permits. When really it is the administration of your plan. Unfortunately I think we have spent a lot of time focusing on those permit pieces and not enough on the upfront planning. I think communities like Meridian are now sort of on the cutting edge in Idaho in terms of doing more proactive upfront planning, the example being your Ten Mile plan that you just completed. So those are the areas of planning that you do. There is also -another way to look at this and that is in terms of the types of actions that you take and there are two types of actions you take. One is legislative actions and the other as I mentioned is administrative actions. Legislative actions are ones that set up overall comprehensive rules and standards and regulation, an adoption to the subdivision code or an amendment to your rezoning text. They will affect a broad brush portion of the community and so here is some examples, comprehensive plan adoption, text amendment, zoning, subdivision regulations, functional plans like a park and recreation plan or utility plan and a capital improvement plan. So there are legislative actions and then the other type of actions are actions that are enforcing administration of the code and they are on a case by case or specific basis and that is probably what your agenda is filled with tonight is application review. Those are administrative actions. There is a subset of administration action, which is very critical and those are quasi judicial actions and the definition of quasi judicial action is that it's related to a very specific, site specific piece of property and it is an action that requires a public hearing. The types of quasi judicial actions that you see all the time are rezones on specific pieces of property, conditional use permits, variances and plat approval. We will talk more later about the significance of quasi judicial verses legislative action, but it is important that you kind of organize in your mind those two different kinds of actions. So that was a quick run through of roles and your responsibility under the Idaho Planning Land Use Planning Act and planning in general. Are there any questions about any of that you want me to go back and review? Rohm: No I think you are doing a great job. Kushlan: The next thing that I want to talk about is - oh, here under Idaho Law, again, a little differentiation between legislative and quasi judicial actions. The last thing down there is comprehensive plan amendments for specific properties. I think you can make an argument either way, whether those are legislative or quasi judicial, I think probably the attorney would say that you probably should just be on the safe side and treat those as quasi judicial. Now in your Unified Development Code, there is a chart which identifies your responsibility and the responsibility of staff and the City Council in looking at all of these different kinds of applications and decisions that we were just talking about. Have you seen this chart before? Is everybody familiar with this? So I think this ti51-~ ~i'> ~ru.r+y Meridian Planning ~ Zoning Special Meeting . June 21, 2007 Page 5 of 18 rl ~~ ~ 5{ . is a good illustration for what we were just talking about. I kind of highlighted -the darker as you go down the chart highlights the lines where you have a responsibility and in some cases you are a recommending body and other cases you area decision- making body and most of or all of the legislative actions you are a recommending body. ~' The final decision was with the City Council. On the other actions it is kind of a mix. ~p~r , Let's see on this one you have got annexations and rezones you recommend to Council y ~ ~ : and same with comprehensive plan amendments and then conditional uses you are the ~ ,-~; final decider and that is a quasi judicial action. Then planned unit development and all `~ ~ ''~' kinds of plats you are a recommending body to the Council. That is a quasi judicial matter and then Unified Development Code amendment, which is a legislative decision ::~~. you are a recommending body to the City Council. So that kind of shows you how all of this works. I know the print is small, but I wanted to wind this section up with kind of the planners tool box and I take this to other jurisdictions and they don't have nearly as ' ~t;, a many of these tools as you do. I would say that Meridian is working with the power ~:~ ° tools. There is a lot of communities in this Treasure Valley that are working with hand } ~~ ,~ ~~ tools. But, this kind of organizes again for you. There is different kinds of plans and you have engaged in all of these. I don't know if you have any neighborhood plans, but certainly you have done comprehensive plans and sub area plans. Then the next heading is public investment and infrastructure planning. To me these are the most powerful and most under utilized planning tools that jurisdictions have. There are very „` few communities in this state that have a comprehensive capital improvement program _~; that puts all of their improvement program plans together in one document. They will ' have utility plans. They will have water plans, but they don't put them all together and it ~` r~,° ' is a really powerful way of seeing where your communities' investments are and where that might lead development or development might be led by it. So a really good tool. Fee and easement purchases -you probably do some of that. You just engaged in the last couple of years in impact fees and then adequate public facilities requirement is being developed right now under the Blue Print for Good Growth project. So you ~:~=~w:: probably will be seeing that as a tool before you in the next year. Then zoning there is `"~~° `~y all sorts of different kinds of zoning. I guess this slide kind of shows you that there is r '} not just zoning, there is performance based zoning, which you have some of that in your ' code. You also have overlay zones in your code. You have planned unit development and then you have some pieces of what we call form based zoning where you are "' ~ looking more at the form of buildings, rather than the uses. So you have got all of those - tools going and then on the other side there is some other less frequently used tools; growth management tools -you had through your area of city impact to a certain extent. ~.~~~. "~ You have a whole bunch of these design tools, your sign ordinance and landscaping ~~~~` and then resource protection, which we don't see as much in communities like in an ~, ~~ urban area like us, but more in the Sun Valley's and the Wood River Valley they have dark sky ordinances and solar access issues and things like that. Then finally there is ~, kind of the other category, transferring development rights, economic development, housing programs are kind of probably the least used of that list. So that is sort of the whole range of different planning tools that are out there that are used by communities and I would say Meridian is in a really good position because I think you are taking ,~ advantage of more of those than most communities are. 4,-: ,;.; 3~ w. ;i.;lj .. - 't ~ .y~3,__ .... ~' .. _ .. - rktin_• f::.,: !~~ zt~. fr~... r ,~ f Meridian Planning 8 Zoning Special Meeting June 21, 2007 Page 6 of 1 S ` ' ~~ Newton-Huckabay: Diane? } ~ ;, .;,~,. Kushlan: Yes. ~ ~ ~ s' , Newton-Huckabay: What is Euclidian zoning? F - Kushlan: Euclidian zoning was the original - it is based on a case law that was in the _ 20's which was really the foundation for allowing zoning to be conducted in ~ ? communities. But, it basically says that if you are a single family district that's all that is allowed in single family. If you are amulti-family district, you can have single family and {~~ , multi-family. If you are a commercial district you can have single family, multi-family i and commercial. So it is kind of building up sort of that way. Any other questions? So '~~"' we will move on and into the next section that is really kind of the category, the '`~" characteristics of successful commissioners. This is kind of where I get a little bit into some of my biases, but I want to speak just briefly on those first few points and then spend a little bit more time on the last three bullets, knowledge ability and listen to A ~'~~'` objectivity. Certainly if you are here you have got to have an interest in planning; just by i~1~ '':~: the virtue of the amount of time that you spend both preparing and at the meetings it h ''='% - - ~ has got to be an area of interest to you and a commitment to the community and to _,~ - public service. Some of the worst commissioners I have ever seen and you know I am sure there is none of you here, but we are only on the commission as a stepping stone _,~~F. to an elected position. They really didn't have any interest in planning at all, they just wanted to get the exposure out there for themselves and it is good to have a real sincere interest in what you are doing. The other is you really need to have a lot of 44A time. This is - I know you are probably going to have a long meeting tonight and you are going to have a long time preparing. So it does involve a real commitment. Few ~ ~ }`~ conflicts are important in smaller communities and that becomes more of an issue where somebody has a conflict they are either an architect that has projects coming ~:_ ;.~ before the city and we will talk a little bit about that later. But, if you have to step down a lot that does make it difficult for the commission to carry on their business. Then the ability to speak clearly and concisely and I think this is for most of us a real teamed trait. " " s+y~qk Probably not all of us are bom with the ability to sit up there and have all these people ~`~Y;k looking at you and be able to speak on your feet right away. But, for those of you who are new commissioners and this is kind of a new experience my advice is just keep trying at it. Just keep working at it and it will become more natural and more "` comfortable as time goes by. Do you think that is the case Wendy? Has it gotten easier for you to - ~~,:; . Newton-Huckabay: Oh, I have never had a problem speaking. `` Kushlan: My advice is just keep working at it and it will get easier as it goes on with ~ ,yy`,- _ experience. .a` Newton-Huckabay: I just don't always make people happy with what I have to say. ~. Rohm: Amen. -y~~ £ 4--.~ .!! 1 ...{~: '~ t w'~ y~. k~25~3 $ - ~G;,.; _, ttF~=r ~_ w _~~;: ~~~ ;~': ~`` :~w ~-~. i n'.i ._,, ~~:_> ,. _ ~ .~. .;~, ~sr~ r;'}J ,~~~"` ~, :;~ ::.:. r,. ;,.R 4; :,, r~ ~. ~ -.t.; • Meridian Planning 8 Zoning Special Meeting June 21, 2007 Page 7 of 18 Kushlan: So let's spend a little more time on some of these other ones. Knowledge, I have already touched on a little bit of this. You need to know the Idaho Land Use Planning Act, look at your comprehensive plan and your zoning and subdivision code. If you need a good (inaudible) for going to sleep at night, I am sure reading the zoning code would be one of the first things that you would reach for, but I think it is useful to use the code when you are actually looking at an application and staff has cited a code section. That is the time to really read the code and read the context of that regulation and you will get to know the code and the comprehensive plan better if you are using it in a very practical sense in relationship to an application. The other thing is we have this lingo in planning that I know is just filled with acronyms and these funny terms that are not used in common day language and in the back of that three ringed notebook is a list of some frequently used planning terms. But, if you hear something come up in the hearing or staff uses a term, just ask what that means. I mean because if you don't know probably people out in the public aren't going to know either and they will appreciate the education. So learning the language of planning is something that you need to do and there is lots of legal requirements and we will talk about those a little bit later, some of the more important ones. I think these are kind of common sense, they are basic constitutional rights that you learned in 8~" grade civics class. You are just seeing them in a very practical way, being applied through the process and the review that you go through on applications. You have got great support here with your attorney's office and so don't obsess about these things, but you know that there are some legal parameters. You are working with a legal exercise of government and so you need to be very mindful of some of these requirements. Then parliamentary procedures - I don't think it is just the role of the Chair to know parliamentary procedures. All of you should sort of have a basic idea of how that works. There is a really clever little handout in the three ringed notebook that staff provided you that goes over the fundamentals of parliamentary procedures and if you get stuck it might be a good reference point to look at. Then finally, I think, this is a really underrated knowledge piece, but I think an important one too is group dynamics. We are all used to making decisions, but not - if you have never been in a board or on a commission or in a group decision-making there are some dynamics involved in that that you should be aware of. How best to reach consensus and how to be respectful of one another. Many times I think we underestimate. We think we can join a board and it will just be great and successful right away, but you don't. There is some real personal dynamics among you that you need to be mindful of and think about from time to time. So listing is the other factor that I think is important for a successful commissioner and you spend a lot of time listening at that podium and I know for most of us it is not something that comes naturally, it is something you have to learn to do successfully. It is important that you learn to listen because you have got to take the information that you hear and distill it and convert it into a decision at the end. So that is evidence that is before you and it is evidence that you have got to consider and so you have got to listen. I know it is hard sometimes. It is also important, I think, in listening to not make judgments before you have heard all of information and when I was doing a lot of employee interviews, somebody told me that you make a judgment about a person within the first minute of them interviewing with you. That kind of stuck with me about a lot of things in life. I think we kind of jumped to the -that sounds good and we kind of jump with it and say ' ' ~' ` Meridian Planning & Zoning Special Meeting June 21, 2007 ~~ ~fY~'~ Page S of 18 x =` : yeah that sounds good and I am going to hang with that. Then we sort of filter y x . everything else through that initial judgment that we make. So be mindful of that and r, ,~ make sure you keep your mind open throughout the proceedings of the public hearing. Then the last thing is kind of watching your non verbal cues and I put these up in terms `i of things -this is my real personal biases coming out now. These are things that I have seen through the years and I wish sometimes that somebody would come and video Y._~ ~ tape you and play it back so you can see some of this in your own self. But these .''~~ communicate a lot to the people that are listening to you, whether you know it or not. If ., ~v you are kind of slouching back and you are not really listening. If you are chatting = ~' ~~,~ among each other. The person who is speaking to you gets the impression that you _ don't care what they say about it. You have a great podium there and you can pass notes and try to avoid that sort of chattering between. Sometimes when you have got difficult people or a situation you tend to kind of want to go like this -and again it is "`~ saying hey I don't really want to listen to you or hear you. So try to look people in the ~~ eyes as much as you can when they are giving testimony. Then in terms of really ~~1 powerful dues. I think one of them is in your decision-making phase of your hearings. If Sr 3 you can refer to testimony or refer to somebody, I heard Mr. Jones say this and this and ' ~ ~~~' that really supports I think (inaudible). I think that really sends a message to people that ~, you were listening and considering them, looking them in the eyes as I said before and then kind of using that body language that I am listening to you, kind of moving your body head a little bit I think really helps. Keep those things in mind. I know you get so involved in what you are reading and listening and all of the things that are happening. ~:~"7 It is something that you might not think about, but you do communicate a lot, not just what you say, but in how you use your body. Then finally and probably most ._~ ` ~ ~ importantly is objectivity and I am probably going to come back to this theme several ~ ~ times tonight. But, I am sure that you have been in meetings where you feel like this "' ` u ri ht here. He is u on the odium and he is directin and eve bod Is oin the 9 Y 9 P p 9 rY Y~ 9 9 opposite direction. You have got to be administering that code. You have got to keep `' faith with that code even when you have got a room full people here who don't like what _ the code is saying or don't like the outcomes that are happening. So it is very important E that you not be persuade by that public pressure. You are not the elected ofFcials. You _ are to make your decisions only within the framework of that code. They can go off in ~} ~ ~,;-KY. different tangents if they want, but that is not the way you should be behaving or acting. All of us come to a hearing and you probably read the staff report and you develop _;~. certain biases or certain preliminary decisions. Well that is good as long as you keep _ your mind open to what you are going to hear through the rest of that testimony. Then the last -that fourth bullet I think is probably what I see a lot of in commissions is avoiding this slippery slope of irrelevant information and I think this happens sometimes "~ ` to new commissioners who don't have a good sense of the code yet. They try to - or for communities, some of which I am working with right now don't have a good code and ~~ ,z ~ ` so they try to grasp onto criteria and factors for decision that aren't within the parameters of the code at all. The other thing is asking questions that really are not pertinent to any code provision or criteria and I will give you the example that I have heard over and over again, which is people in a plat review will say now what will be the selling price of these houses? Now I bet you there is no place in their code that says the selling price of the house is a criteria for decision on this plat. So it sends a F 5i, ~!?: -.qty... ~ ~~,~ :.'a $,. . . .t. Ys p•:.~ rir„„. ''r.'g1<:::: ho Otis:' G;.vv Meridian Planning 8 Zoning Special Meeting June 21, 2007 Page 9 of 18 message that they are going to make a decision based on a certain market segment, which can really get a community in trouble with the fair housing act. So be very careful about the questions that you asked and that they are questions that are seeking out information that provide you the basis for evaluating that project against what the criteria is in the code. Newton-Huckabay: I would like to comment on that. I think there is a fine line between also informing the public who is at a meeting, though because you may have a very angry public at a public hearing because they think that oh my god they are going to put, god forbid, Corey Barton homes next to me and if the builder is standing up and stating the fact that these houses are going to sell at this price point a lot of times will defuse an angry crowd and he get to what the relevant arguments are. Would you agree that that would - Kushlan: I think a good developer will respond to that. But, I don't think you should try to make that argument for him by asking him a question. Newton-Huckabay: But I would say that I wouldn't disallow that conversation to take place during a public hearing, particularly if the tension was so high. Kushlan: No, I wouldn't cut that off at all. I mean if he is willing to offer that information and that helps to dispel the emotion, that is fine. But, I don't think you should be leading that discussion. That is my point. Then the last point is just being fair and impartial with the people that you deal with and I know that you deal with a lot of people over and over again. Some of which you might like or might like more than others. I think you need to be -when people come to the podium, you have to treat them all equally the same as if you have never seen them before. I will give you the most extreme example as I worked in a small community where everybody knew everybody and we had a chairman of our Planning and Zoning Commission who was just the most friendly, outgoing, warm-hearted person and a member of the community will come up and she would say hi Joe, how have you been? How is your wife, blah, blah, blah you know to try and keep the proceedings informal. But we were a very popular community and had a lot of business people coming into town and a business person who she didn't know, she would have to say well Mr. Jones because she didn't know his first name and didn't know him. I finally had to take her aside and say you know Sandy when Mr. Jones comes and sees you talking to Joe by first name and asking about his family it really gives him the impression that he is not going to be treated the same because he is not part of this community yet or whatever. So you really need to make sure that everybody is kind of given the equal basis when they come before you on that podium. You want a break? Caleb said that dinner is here if you want a break. Hood: Yeah, if you want we can go fill our plates up. I believe it is in the break room back here. Maybe take a couple of minutes and eat, but maybe bring it back here too if you are not finished and I don't know, whatever you guys want to do. I don't know how much longer Diane has. So it is up to you guys and whatever you want to do, but there is Mexican food in the break room. i4ir. ,.: ~'._. tn.'' `' r; "~~ ~ ` Meridian Planning & Zoning Special Meeting - ~ ` ,;;~. June 21, 2007 Page 10 of 18 ~ ~' . `~,;~: Rohm: Okay let's take a 20 minute break, if need be. (Break) ~` (Reconvene) .:~. ~F ~ Rohm: At this time we will continue our Special Meeting of the Planning and Zoning } 1 Commission. Kushlan: Thank you Mr. Chairman. During the break Commissioner O'Brien and I were discussing parliamentary procedures and we looked through your notebook and - realized I had left out an information sheet on parliamentary procedures and I will send -~~°#3 that to Caleb and he will get it to you, but I think you will find that useful. You won't i `{': have to read the Robert's Rules Book; you can just look at that as a reference point. So ~,h moving on I wanted to touch a little bit about the role and relationship that you have with ,~,:; - other players, what I call the universe of planning, probably the most important player ' ~ that you work with as an elected officials. You are their advisors -the responsibility of '' ' planning is so great and elected officials have so many other things on their plate that the legislature, I think and the wisdom said you can have these advisory boards to work '~{~ for you. So you really are kind of the work horse for the Council on planning matters. °~~" Someone once described the role of the Commission and the Council as sort of a two stomach cow. You are in the one stomach doing all the chewing and digesting and then ~4 - ~ what you send on to the Council should be digestible, not indigestion. That means that _ you really should work through most of the issues and send them just those key focused public policy big issues for them to resolve. Again, you are not elected like the Council and therefore you cannot deviate from established codes and procedures the way sometimes elected officials do. I think communication with your Council is very critical ..- and you should have established some formal ways of communicating with the Council. ~~~~ know there are a lot of city attorneys that don't encourage Council, Planning and ' Zoning Commission workshops, but I think they are important and that you should insist *< ~_ on them on a fairly routine basis. You can't talk about specific project applications or anything of a quasi judicial matter. But there is probably certainly some big policy - issues that you wanted to talk about. We were just talking with the Chairman about Blue Print. Your Council and Mayor probably know a lot more about what is happening with Blue Print than you do and maybe that is an opportunity to find out some things about it. I particularly think that you need to talk to your Council if you are having what h ~' call these problem signs. If you are getting reversed in your decisions frequently; if the ~~" ~~3,~~ elected officials are ettin into all of that detail, the are ettin somethin rndi ested g 9 Y 9 9 9~ 9 and they really are ripping into it or you are getting a lot of items going to them on lack of direction appeal. Those are kind of problem signs of lack of communication , from Council and that you really do need to sit down and chat with them. The other key ~'` player is your colleagues, your fellow Commissioners and they deserve all your respect. think the best Commissions are those that are the most diverse that have a full ~{: 4. ''~'' representation of the community and sometimes in diversity it is more of a challenge in ~' terms of respecting different points of view. But, I think that is a strength of a ~~; .~ ~ ~~ -,:~ _ ,~,: ~.~~ ~..>, ;;,.,,. ; ;~ ,, ~,~: - _ _ .. ? k' ;ic;- ~,~_, f, ri ~.; +;:i2 €. ;, { L< ~.wti ~ ; ti ~ti~.., ,. :, i. >~' ' ,; , .y ..~~ f -:.x ;' :; k; x ~:. T ~ ~ :< E~~ ~ ~~ , n~y,i<.. ,p,:.,,..,..,.g, Meridian Planning 8 Zoning Special Meeting June 21, 2007 Page 11 of 18 Commission to have that diversity so keep your grievances with other Commissioners in private. If you have got an issue try and go through the Chair or if you feel comfortable confronting the person directly, but certainly don't air it in the public and don't surprise the Commission with any big great idea., Maybe test the waters with the staff or Chair before hand. Then finally, you know some of you are a little more of a boast than others and I think those of you who are need to be respectful of the members that are a little more (inaudible) and make sure that you don't dominate the conversation and that everybody gets what I call their equal air time. So monitoring your air time is a good practice with other Commissioners. The other key player with you in this planning world is staff. I think one key point about staff is they work for you, they are supportive of you, but they are also accountable to the Mayor and the elected officials. Sometimes if you don't think that they are being responsive enough, it might be that there are other priorities that the city has thrown on them to deal with. Staff is there to provide you a technical assistance and expertise and they are there to provide you all of the information that you need to make the best decision possible. I have a 12 - 1 theory of staff and Commission relationships and that is that staff can do 12 great things and they do one crummy bad thing and that erases all of the 12 that came before. So Commissions because you are volunteers and you don't deal with this all of the time, you expect the very best and you should get it, but sometimes those issues happen. Again, no public criticism should happen of staff in the public forum. If you have got an issue it should really go to the Chair or to the director of the department to discuss. Here is a point where Anna and I diverge on an opinion, which is that you have a special relationship to the community that I don't think a staff person really ever does even if they live in that community. I think you are the community, you are a citizen planner and I think you have got a level of sensitivity that is hard for a staff person that is paid for doing what they do to have the same as you do. Staff needs to understand that special relationship, I think that you have with the community. Certainly another player in the planning universe or the public, they look to you to be the caretakers for the vision of the community. They deserve the courteousness, politeness when they come before you. I think it is important that you try to make your public forums as meaningful as possible. Certainly you have got these requirements that you have got to have public input, but in the ways that you can make that a meaningful process, I think, is really better. You know if you had the time it would be great to have a couple of public forums a year where you just invite the public to come and talk about whatever. You know not necessarily something that is happening in their neighborhood. But, to the extent that you engage the community and meaningful dialogue, I think is much more positive than -and maybe helps you a little bit more because you see so much of people coming in to express their dislike for something that is before you. If you can create a forum where there is more positive dialogue, I think is helpful. Then you have the media, you probably have some media in the audience tonight and my experience with them is if you kind of keep these simple rules in mind in terms of what their commitments are and what their needs are, they will be fairer to you as well. Then applicants, developers and lawyers - I don't know if you can read this or not, but he is bringing his preliminary plans and there are still changes to be made and now he has got any deviations from what you approved last week and is going to create delay and cost me lots of money. I don't think you probably have ever heard that story come ,,: Y. ~~``` Meridian Planning & Zoning Special Meeting _ `~~ '~ ~ June 21, 2007 Page 12 of 18 ._ ' before you. But, applicants, developers and lawyers, I think they should be looked as a partner. They are a player and they are helping to implement your plan. They are not the enemy. I see some developers sometimes getting categorized as either bad or ~ good and sometimes commissions aren't fair in terms of the level of treatment they give K: ' ~ the bad or the good developers. I think you need to make sure you treat them all the same. I have spent hours in counseling with developers the morning after the night of ' = a_~~ the Commission meeting because the Commission took an action and if it wasn't too °~ fully approve a project or deny it sometimes if there is not good explanation just a little , , bit of explanation - I know you are going to adopt written findings and your decision will ``~~ be written, but just a little bit of an explanation to the developer I think helps a little bit and avoids all of that counseling the next day with staff. Then finally I think you need to not be as accepting as last minute information. This might either come from citizens or '_ ~k ;,. developers. One of the things that are included in your packet that I gave you is the Title 2 of the City Code, which is your enabling legislation gives you authorities and talks ,~ {" about what the makeup the Commission is in terms and meetings and all of that. It also ~' ;`~3 suggests that you adopt bylaws and in a little while I will talk about the best practices, - but I think bylaws are important because there are some little details of how you operate that would be useful to have printed and public and something that you review all of the " time. One of those would be how you treat last minute information. I am sure you probably have some informal guidelines that you use, but to kind of write that down so ~;t everybody is clear about that I think would be helpful, but Ithink - my position on the _: , last minute information is if it is important for the decision then you should be allowed ~:'~~ time to review it and if you don't have that time during the meeting then the action . _,~ should be postponed. You also interact with other jurisdictions and I think staff does that in terms of sending applications to them to review and comment. So, any comments or questions about these relationships that you have with other jurisdictions? Okay let's move into successful meetings and some key components for successful meetings. First of all preparation -that means having time to prepare and one of the r ~~t~ things that you can outline in these bylaws is the commitment that you and staff have }~ made in terms of when application materials and agenda packets are going to be before ' ~ _~~ you and that should be a time that gives you sufficient time to review and be prepared for the meeting. Review the materials before hand. If you have questions ask staff. _ can't tell you how many hours of meeting time has been saved by someone on the Commission asking staff before the meeting about questions or clarifying something. Jot down notes and then the staff support is very important for successful meetings. 4 ` ~" Again they need to be very timely. Their information should be as accurate objective `= _= , as possible. It should be in a format that you can use easily to prepare for the meeting. ` The third successful component of a successful meeting is your agenda. I see you n% ~ ~ have got your agenda out there. I hope you follow it and don't -there is always ' problems when the agenda changes. I don't know if you go in order and that might be ' ,- another area where Anna and I diverge, but I just think that the first person in -just because their application date is a certain time should be the first person heard. If you have got 50 people here to hear the last item on the agenda, I think somehow you need :y~a~ ., _:..~. to anticipate that before hand and put that needy item first when you are fresher and so you don't have a lot of people waiting around for it. But whatever you decide on the n~~ agenda, I think you should stick to it and try to avoid making amendments or changing `1:~ e[; Ty 1 S'L~~ j:;~~'Tr ~±:w ~ ~? s e :r><;,xr ,.._.'_A ~~' ~YL~ ~ ;: !':Y .=.-'~= t'.~. '~y ~. ~~; _::~ ~~r. ~ti 1;: ~~~ h, ~~.:G . , ~.ti ok~ ;'~~; ;~a; ~.5;~; :~: Meridian Planning & Zoning Special Meeting June 21, 2007 Page 13 of 18 the order of things when you get to the meeting. Summary action minutes only. I hope you don't waste a lot of time in approving the minutes and the role of the Chair is really the most critical role in the Commission. The Chair is responsible for kind of setting the tone, keeping order. He should kind of be the big picture person that kind of stays hovering a little bit above everyone else and he should be kind of the morale builder and cheerleader for the Commission too. A big responsibility on your shoulder. Be sure to understand parliamentary procedures. Public hearings I notice you have got your rules out for the public hearing. That is great and you have got a format that is out there and the Chair should probably I am sure goes through that every meeting so everybody is clear on that. I think the tone you want to keep is somewhat formal, but comfortable to everyone. It shouldn't feel like a court of law, but it shouldn't be kind of a free for all either. You really need to keep decorum and everyone should be admonished if they don't speak through the Chair. That is the only way that you can keep a good record and keep order within the meeting. Then my last little bugaboo and I don't know if you do it or not is not to ask staff questions during the public. Sometimes you will get a citizen up there that asks a question and then it comes to the staff and before you know it you have got a three way conversation going between the Commission and the person at the podium and the staff and it is very difficult to follow that on the record and it ends up sometimes in sort of debates between people. I recommend that if you have got questions that come up during the public hearing, a lot of times there will be a similar question; staff can collect their thoughts and respond to all of that at the end in a much more formalized kind of more logical manner. Newton-Huckabay: Diane can I just make a comment? I think she has a critical point there that is the Achilles heel of this group of five people. Rohm: I would tend to agree with you. Kushlan: Yeah, staff can jot down the questions and then they can collect them and organize them and answer them all at one time and you can tell the public we will be happy to answer that question after the public hearing is over. Newton-Huckabay: So they just take the questions down just like the developer and then you have applicant response and then staff response or -- ? Rohm: The difficulty to that is capturing 100 percent of what that particular person is giving testimony intent is if you do not go there at the time that they - (Tape turned over) Rohm: -- if you think that you know what they are asking and you jot down that to review with staff after testimony is completed, you may not capture everything that was the point. Newton-Huckabay: But, you can validate that you understand the question without answering it. ~,;. s ~ Meridian Planning & Zoning Special Meeting June 21, 2007 Page 14 of 1 S Baird: Mr. Chair perhaps as a compromise you can answer the questions after the individual has completed their testimony and then just get their acknowledgement that their questions were understood and answered rather than having - I think what Diane is talking about is that circular where you get these little debates going - Rohm: Well and don't get me wrong I don't disagree with what you are saying one bit. Just sometimes it is easier said than done. Kushlan: Right. I understand that and sometimes there will be a fundamental misunderstanding that maybe 15 people have and you go through a whole hearing of everybody with that same misunderstanding. That is kind of -you don't want to wait until the very end to clarify something. So I think you as a Chair have to kind of look at the nature of the question and I think Mr. Baird suggestion is great or maybe - I think if you can avoid the person standing it is better. If they can sit down you can maybe answer the question and I think that is fine. Rohm: Thank you. Kushlan: Any other questions about components of successful meeting? Then we will move real quickly in the decision-making and we covered a little bit of these before, but I think your point of decision-making starts at the time you start getting materials and again you know thinking about not trying to make some decisions until you have gone through the whole public hearing. Sometimes I will hear during the staff questioning a position being stated by the Commissioners or they start to discuss the merits of the project. I think you really want to try to avoid doing that. At that very beginning before the public hearing is open you are asking staff questions, just make sure it is purely questions, not a position because that communicates to the public that you have already made up your mind. So maybe you have gotten some preliminary thoughts together, but try not to express those until you have heard all of the testimony. During the public Commission discussion, I think it is important that all of you try to participate, even if you say I agree with Commissioner Moe or my positions have already been stated. I think everybody should say something. If you disagree I think you should you say that you disagree. If you don't, everybody is going to assume that you agree with the prevailing thought and it is okay to disagree. I think you should try to work toward consensus, but it doesn't have to be a unanimous decision on every item. Again during that Commission discussion, the Chair can monitor but each personal person I think needs to take responsibility for making sure they don't dominate the conversation. Remember the record, all of the record that you heard and you know it is easy to be selective and just kind of base your thoughts on just one piece of evidence, but you have got to keep all of the evidence in mind. Again, it is the Commission's time to talk. It is really not an opening for discussion with staff and the public. So really avoid, if you have closed that public hearing, really try to avoid opening it up again and if you do you really need to open it up to anyone else who wants to speak. So it is really your time and I know you will see the applicants and people sitting there trying to get your attention, but I think you need to keep it closed and make sure that you are ready to keep it closed when you do. Any questions on that? Commission discussion? Yes? .,q~ ,,,~, ~M::- Meridian Planning 8~ Zoning Special Meeting June 21, 2007 Page 15 of 18 O'Brien: I find it difficult sometimes to really gather all of the information I need or think I need. Then during the discussion other questions may come up and it seems like it always does about trying to get clarification from staff or maybe even the applicant and I find it difficult not to get involved in that you talk about what you shouldn't have. Kushlan: Well, I think a little bit of that is experience. As you get through a few more meetings, you will start to understand what you need to know upfront and you will probably get better at asking the right questions. I have got some example questions that you can think about asking earlier too. So you get all of that information that you need so you are ready to make a decision when you close that public hearing. Hood: Just real quick I wanted to add, too, that even though the public hearing may be closed, you can still ask questions of staff. So you still, while you are deliberating and discussing if something comes up and the Commission has a question you still can ask staff that question. You open up the public hearing then you are opening it up for other testimony. Kushlan: So in making motions I assume you have got prepared motions from the staff that you can start to use. They become the basis. They can be modified based on what you have heard and additional information and in the motions you should really follow parliamentary procedures; one motion at a time and keep the motions really clear and concise, you know - I move that we do blah, blah, blah. It is not complicated. It really should be real simple and try to avoid motions that have lots of clauses and (inaudible). Here are some traps I see in decision-making. One is what I call scatter braining storming and this is where one idea is followed by another without any resolution of the idea and you see this a lot in motions where you will say I move option one and then there will be another motion immediately - I move option one with conditions 2 and 5 and then oh I like that one, but can you modify 5? All of sudden you have got three motions on the table. You really need to have a motion, a second; if there is no second then you can introduce a new motion. You have a motion and second and somebody has got a better idea, they come up with a substitute motion and a second so keep it very clean in those motions or you will get down and (inaudible) real quickly. The other thing that sometimes happens is there is one very dominant personality on the Commission that everybody will tum to to kind of lead the discussion. I think you need to start - or you look to the Chair or if you have got a really critical one, you look to the attorney to make the motion for you, but I think you need to keep it within yourselves and try to spread the responsibility out for motion making among you. Sometimes there will be a dominant person that tries to push things through quickly. I worked with one Commission where there is a Commissioner that wants to be out of there in a half an hour and so he is making a motion before everybody has really even thought about it. So you kind of want to avoid that. Some people need a little more time to think about stuff. Then probably the last one paralysis is probably the most frequent trap that Commissions will get into is they just can't make a decision and I think there is really good reasons sometimes not to make a decision, but I think you have to be really honest about it and not want to make a decision because you have got a crowd here and you know the next meeting they won't be here and it will be easier to ;`>- ,~: n~ :; k,` :z~ s o Meridian Planning 8~ Zoning Special Meeting June 21, 2007 Page 16 of 18 make a decision they don't like. So be really honest about delays because delays really, you know, they muck up the whole agenda and create bigger meetings later and -~ ~` make it difficult for staff work to comply. This is all in your packets so I won't spend a lot `'t of time on it, but maybe this will help you, Commissioner O'Brien. Here are some ;~,~k different questions that you could ask staff about applications and things in their staff Y, ;_ report. I think that one that I tried to bold, what are we trying to accomplish with this code or this amendment or this plan? I think that is a really powerful question to probe and that is also a good question to ask the applicant. You know, what are your objectives for this project? A good applicant will answer these questions already for you. They will tell you what they are trying to do. They will tell you how they have s;~ =e . , responded to the issues that have come up. They will tell you whether they support or .: not support the recommendations and the conditions. But, if they don't you should ask ~gl ~ '.', 4_. '~' them those questions. It is important information for you to know. Then when you get into the public, the same kind of questions you probably already hear most of these ~ questions, but the last one is kind of important to ask them. If they are against '~ ` something, you know what would make it better? What conditions do you want? This is our code. What conditions would you recommend? Sometimes that is an interesting ~'~~, dialogue or discussion to have with the public. Then questions for your colleagues -,_~± during the Commission phase. Sometimes you don't quite understand what they are saying and it is just fine to ask them for clarification. Now there is a really good piece ^~~r „ "~ ~ that I gave you in your packet and this is just a summary of it. It was done by the - Washington State Association of City Attorneys a couple of years ago and I have used it a lot. But, this is when you are making quasi judicial decisions -site specific, requires a ` ~ ~~ _t public hearing kinds of applications. Here are 10 commandments for making a good decision on those quasi judicial matters. First of all, have you heard this before? Follow ,, ~:~ ~_ the code. Know your code and know the standards that are applicable to that = application and use only those standards. Avoid politics. You are not elected ofFcials ~ -~~ and it doesn't belong in a quasi judicial matter. Then be dignified and correct. You are g on the record. You never know when one of these items might go to court and you would hate for a court transcript to have some very inappropriate comments made on x your behalf. You are representing the city so you should be very dignified. Consider all of the evidence. Don't pick and choose and don't be selective. Insure that you have `~~'~~ reviewed all of the evidence and know what it is before you make a decision. Keep a good record. You do through your electronic transcriptions and you also do that in your written findings and conclusions of law. Make written findings and conclusions -these ~~ ,~ -; ~; are the s ecific reasons or basis for the decision. It kind of shows whoever is readin p 9 this decision what your thought process was in coming to that decision. The findings - should be real clear and concise, organized and they certainly should be based on the criteria that you have in the Unified Development Code. Support the decision with real evidence; not speculation or hearsay or anecdotal stuff. As much as you can support it ' with real analytical data that is very factual. You know that is a critical piece that t sometimes we don't have sufficient evidence and so not making stuff up to fill in the blanks is not really a good way to go. You really need to make sure you have got all of `~'f- the evidence that you need to make a decision. Then impose only lawful conditions. Conditions must strictly follow the law that authorizes them and I think here are some ;:,,? six guidelines for conditions based on case law. They need to be reasonable. They ,,s.;}: ., .~ `-,3 ?~' ~ , ~~. 7?0; t;:. 7~9i i~~+ s ~- Meridian Planning 8 Zoning Special Meeting June 21, 2007 Page 17 of 18 need to be clear and specific so that anybody can read the condition and come up with the same understanding of what the condition is. The condition has to have an essential nexus to public health, safety and welfare and it has to be reasonably related to the condition to the impact that you are trying to mitigate as well as the imposition the condition has to be proportional to the impact that you are mitigating. Finally and more importantly it has to be -you know as important it has to be able to be accomplished. I recently reviewed at ACHD staff report in which they imposed a condition that made the project incapable of being carried forward. So be sure that your conditions can be accomplished without really denying the project. Then don't do staffs work. Your job is not to do independent investigation or analysis or to meet with the applicant or other interested parties and your job is not to design the project or revise it or fine tune it and finally you are really acting like a judge and so you should have all of the characteristics of a judge in reviewing these items. Quickly Iwanted -this is the part that I wanted your City Attorney to help with is three legal parameters that you work within that are very simple, but they are important to keep in mind. First is ex-parte contact and that means communications that are regarding the project, the merits of the project that happen outside of the public hearing process. Those should be avoided if at all possible. Now it is very difficult when you live in a community; people know you're Commissioner and they will come before you. Now ex-parte contacts are not a problem in legislative matters. Those are matters that affect a whole community and you can talk to people about that, but when it is on a quasi judicial matter and somebody approaches you, the best thing to say is I really can't talk to you about this at this point. But if they do then you need to disclose that in the public session at the beginning of the session. There is a recent court case in Boise where Council indicated at the beginning of the session that they had had phone calls, but they didn't say who called them and they didn't say what the substance of the calls were about. So the court said no you have got to be very specific about what you heard. Because if that information was important to you, it should be important to all of the Commissioners. So be sure that you have that exercise -you know explain yourself if you have had ex-parte contacts. The other is conflict of interest and in Idaho that means you have no economic interest in the decision and again, if you do, then at the very beginning when the Chairman opens the item, you should disclose your economic interest. You probably should tell the staff or the city attorney before the meeting and then step down from the podium and not participate in the decision on that item. Then bias, again, only applies in quasi judicial matters and it is really -there are two things there; it is both actual biases where you really are bias and you are not impartial about an item or you appear to be and that is a more difficult standard. I think our - I don't know Mr. Baird if you wanted to comment on that, but I don't think Idaho law is quite as stringent on appearance of biases as some other states are. Baird: Mr. Chair just to follow up. On the bias verses the conflict of interest, we have very few actual conflict of interest where the decision you are making has an economic impact on your household or a family member. But, if you think you have got some potential bias or a conflict of interest gives us a call on Thursday afternoon or when you think about it and call my office so we can discuss it ahead of time and talk it through and likely we will help you decide whether you truly have bias or whether you are just ~~~~ "r`j{,. ~.` r~~,' -~w b: '., ,:I ,;~ , ~._-~ :;,. £, :~ !'T[' F,.,.~ ~~,_. ;~: r:~ , ':; ,; ~~.~, • Meridian Planning 8 Zoning Special Meeting June 21, 2007 Page 18 of 18 uncomfortable in making a decision. I wanted to add if you are stepping down from a matter, we suggest that you actually leave the room entirely. There has been case law in other states where body language has been alleged to affect the remaining members on the board so it is better when you do step down to go out in the hall and we will come get you when we are done. The final thing to add is that a form of ex-parte contact that we suggest that you avoid is an individual specific site visit where you say I drove out there to take a look at this and here is what I saw. That is under the same theory that if the information is important enough for you to know, it is important enough for everybody and it is the job of the staff and the applicant to present that to you all at the same time on the record. So that is really all I had to add to those items. Kushlan: Thank you. I think the last few slides are just some kind of summary. This is from the California Commission for Local Government, some steps to a better Commission and we have talked a lot about these. One of them is the bylaws and procedures and then there is (inaudible), my recipe for a successful planning program, what the ingredients are and then some resources, I understand some of you are subscribing to this Commissioner magazine, which is a really good magazine. A lot of the articles are written by Commissioners. So it is really a practical hands on kind of document, so I hope if you are subscribing you will share that with your other fellow Commissioners and thank you very much. It was my privilege to spend time with you and I will see some of you again. I will be sure to get that other thing to you, those parliamentary procedures. Rohm: Good. Thank you. MEETING ADJOURNED AT 7:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVE - ~I ~- I~ MICR EL E. ROHM -CHAIRMAN DATE APPROVED ~~ T~ o ' ATTESTE LIAM G. BERG J~., ITY '' ~s~d'/~rPrl/f91 11111\\l\\,\~~~, `';: 9 i 11 ~, , 'rte T' !' i ~ ; i 4 .i ~~~~~.~~ ~fi ~~ ~y ~~j'. r,~~1 `Y 45' r,. _ x;) i~ }.FJ!!4 x P } F 6/21 /2007 1~ECEI~EIa SUN 2 ~ X007 Citg- Of Meridiam Cit3- Clerk Office ~; 4~, a ~~>* '~ ~`: ~~''. _ ~~ ~~.~ ~Cerr~rai~ ~ ` ~ ~~~ Planning and Zoning Commission Training Meridian Planning and Zoning Commission June a><, zoos Diane I:uehlan ucr ~.r,:. Y - t ~~I ~j ,J t ', r~~, r ~~. . '~.-!a5 ; "„i '' .:"i I ~,~'.Y,.s~i .:.~~ 5: .:y.t. ,- s~ ... ;~ r~ { 4: T°HGri ~I`~ sf+ t r + _ PLFf ; ..,r' ~, /i r ~ ~ ~ _..- Agenda • Why Plan? • Successful Meetings • The Planning Process 'Asking Questions • Making a Derision • Planner's Tool Box .Conflicts, bias, and ex-parts • Roles and • ~e~s t~ Building a Better responsibilities- Idaho o m ss~on Statutes . Reci 0 fo a S cceasful Plan~i~ng ~unct~on • Characteristics of a Successful Commissioner • Q & A • Help and Resources • Relationships Why Plan? t. Planning protects what is good about a community, addresses and changes what is bad, and identlfies the possibilities. 2. Planning supports community values. 3. Planning is good govemmern 4. Planning is good business 5. Planning makes good common sense 1 ~~n «;:k, n ..... 3j'~?, ~ ~ _.5S :L¢'i 5 ~ ~ ~~.: .. ~. -:~~: €'~~` k, 1" "~ ~., 'i S t`?- "'" I i ,,_:'i (~ ~,. 's ' zll r_,<~ ~:;: ti:: ~_' . 2.'.= ~: >,r. t- ,r~-J ~`I ~^ r~~ ~, 3 ~' ;~ ,, _ e ';~; 'i Fc 4 S':`- ~.. -„-'b4 a=: o~ "~ (~ t.. Local Land Use Planning Act (Idaho Code §76-65) • Protect property rights • E sur adequate public facilities, especially sc~oo~s • To protect sensitive and natural resources • To encourage urban development in cities • To avoid overcrowding • w~t~ t~ieelan~t development is compatible • To protect against hazards Steps in the Planning Process Step #1 Vision: • What do we collectively value? • What do we want our community to look like? • What does "quality of life" mean to us? • What is unique about our community? • What does future growth look like? "quality", "smart", "managed", "sustainable" ? 6/21 /2007 -.~, -~~ ~ ~~g . S ~ _ q~ ~1 ~ ~' ~~~~ f i ~ ~ ~ ~.~,~~ y~',.._ ~ ~' :~a ~,,, r--"' L,L i,0. '~~,:'~. ~ ~ ~ ~ ~~ F-- ~ ~ ~ ~ r Steps in the Planning Process Step # 2 Data inv¢ntory ~ass¢ssm¢nt • Economic • Demographic • Housing • Land use • Natural resources • Cultural resources • Community facilities • Costs of public services 2 r krt`_ ~ yr y4~~ ~ ~„}; y~-~. n} ,~~y ~il 3'CY~~ ... Y '"'ih,, ~ - _ dy4~YorK ~'.~:. ~ ti . +~ . y } ~ n r FiS. d t~ ++ '''. / 3' , a, 7Y , ~ ~ ~;' ~ 3 - ~ P-.rr t .. ~ak ~l + ~ t ~ - ~ ~` k hav ~ ~ ~; ` c~ ~ ~ , ~ . ~^ ~r , ~ P ~ ~i y-~'M~~ p r ~y ~' ; ~ ; . 1 ~, ' 1 Y t~~ I.Ci ` _ T,'. /' "' t ~ ~~ fw 1 T 1~~ _ ~ t ~y~. ~ r~ ~~ 1 Y 1 41 1 1 .fit ..' _ , . , ; 5, iF N ~S~?i~~ -51~ ~ r t 'Kxi h }~;i"'; ~~ ~ f ~..~i f , ~,~a ~ s; . ~~ Yd~~4 ~~~ 't~` 3 r , - _ ~ , ~+ f - d ~ ,. t ~ ~ ~, ~r_~, 4 i ~,:~ K ~ ~ i ~ Y ~ ,V t f' " . ~ ~~.T Cf ~,. ~ ' . i S~ rS y (~ ~ ~ ~ S y,~ y~ r~ ~y -:~ kk ~"ai vv i , ~ f 1"r~1~ Ly ~~ ~ ~ J~r.,, ~ .. ~ ~'. ~.. ~ r: ~'j ~ x ~~ ~ ~ M ~ e x w7. , ~ ~... , . , =~ i '~:,. .~ ~.,.., -. ~c .;~*,__ ,4 ~:.r ~; . ,.. _ ; ~, r ~,,>_ ;. ~. :.-,-a: i, `.u~: ,~i'; 'N~ k ~w- su; • 6/21 /2007 Steps in the Planning Process Step #3 Reality Check Vision + data ass¢ssm¢nt = r¢allty s:h¢sk • What are the issues? • What are the impacts? • What to keep? • What to improve? • What to encourage, discourage? Idaho State Law quirements • Property ~4h~ N ~ • Public services, facilities, • Population & utilities • Schools; tacuia.s ana ® • Transportation '~"'pO1'~aO1 • Recreation • Land Use • Special Areas • Natural resources • Housing • Haaardous areas • Community design • Implementation Steps in the Planning Process Step #4 Comprehensive Plan • Define goals and objectives • Identify strategies and action steps • Set Priorities • How success will be measured Responsibility to Plan • Prepare and implement Comprehensive Plan. • Review and recommend changes to the zoning, subdivision and other land use codes. • Review and act on subdivisions, conditional (special) use permits, variances, other development permits. • Review and recommend on areas of city impact and plan and zoning designation for annexation. • Garry out responsibilities in compliance with law, specifically notice and hearing provisions. • Provide the means for hearing from the public. 3 ~. :~:; ;, ~: ~- ~. ?~ TJ.4 T ~r ~' 1 ' ~~ 1~ • ,`~ r '2 { _'" .'~~ `\ `''~ '~- ~~ '`'tYl w <; ~'~ ~; <:.. Types of Actions Legislative Actions: Types of Legislative Actions Act/ont t/sat let • Comprehensfve Plan adopton or vo/ueJ, adopt teak amendment ttandardl, ru/ef, • Zoning, su6divfslon, regulations inapt, that offect a// • Funckional plant or o flgnifi'cont • CIP portion off the population. Legislal~ve and Quasi ~udidal Actions under Idaho Law Legislative Quasi-ludiclal • Comprehensive Plans • Rezoning (adoption or .Variances amendment) • Condiktonal use permits • Initial zoning . sut~division • tome onnexalions .planned Unit • Moratoriums Developmessts • some annexations EComprehenshre Plan amendment for specific properky ~ 6/21 /2007 Types of Actions Administrative Actions: Types of administrative Act/onf t/sat enforce or actionss administer Ilse /eglt/alive . Re-zone dediiont on a cote by cote • Conditional use permik ortlte rpedHcbasit. • Variance Administrative actions • Plat approval requiring a hearMg and decision on the record are °quasl-judldal° actions Responsibilities of the Meridian P & Z Appllcatlon ReeommendissgDeeidon Process Body sdaldng eoay Accessory use for daycare, family None D N Accessory use, home occupation with None D N astomers or clients Accessory use, home ocapation with None D A no customers or dlents Administrative design review None D A Aitemative compliance None D A Annexatlon and/or rezone PZ CC PH Certiflcate of occupancy None D A Certiflcate oP zoning wmpliance None D A City coundl review None CC PH Comprehensive plan amendment PZ CC PH Condttlonal ssse D PZ PH Director modification to an approved None D A conditional use Landscaping plans None D A 4 -,_r ~. s ~. y~ M;~i ,~,; .. ) r,. ~. ~`~ ~c~ ~ ,.;I, ,~: v ,, R :m t ~ .~ [ ~~k.~;~ ~~.~ 4 ~('fIJ~gg3 ~~~h. ~ tin " -~', i~~ j e +~y;~u >E'e` $ ~~t~, 3~n o, rrt'.`A f ~ r ~~'e.'i' L-; .~~ i ` r ~ fi z li :+ 3 ,~± a el r.' ,i _; a, _ au ~; =; >- y4 ~r k. ,;y''; ;~ ,~ • Responsibilities of the Meridian P & Z Applieation Reeommersding Body Deddon Prover. Making Body Planned unk development PZ CC PH Plat, wmbination PZ CC PH Plat, final D CC PM Plat, final, modiflostlon to note D CC A Plat, Preliminary P2 CC PH Plat, short None D A Property boundary adjustment None D A Agn None D A Temporary use None D A Time extension, commission or D Same dedslon PH coundl maker as Initial approval Time extension, director None D A Unified developmer code PZ CC PH amendmerst Variance D CC PH Characteristics of a Successful Commissioner • Interest in planning tgVGaitr•~rP Gam IM~'~ONS I ~ ~° "`~"t ~"~"'" / • Time -f ~ ~: • Few conflicts E ~ • Ability to speak -~ ~, clearly and concisely ~~-r-~~( • Knowledge ~ • Ability to Listen • Objectivity C~ 6/21 /2007 Planners Tool Box Pl • Growth M ement ~ li f d • ane • Comprehensive plans • Sub-area plane Areao mpact oun C ary City-countyagreement Annexatlon policies • Neighborhood plans Desimt re ulations • Public Investment and Infiaetructure l l g landscapin requirements Si l improvement P an (CIP) • Capita • Fee and easement purchase an review te p • Archi[ecturalreview HistorlcpreservaUon • Impact Fees • Adequate Public Facilities rotection • Resource P Regmremente aa sspp agr(cuitutalland • Zoning • Euclidean zoning water resources view corridors • Performance based zoning Chxrla zonin hillside and slopes native veeg~etation g y rmanagement cci • Planned Unit Development • olara ~s • Form-based zoning dark sky ordinance ^ Subdivision Other Develgpment agreements • Transferof development rights • Economic development • Housing programs Knowledge ~ r _ ., • Idaho Land Use Planning Act '~¢ ~,, , • Comprehensive Plan F • Zoning and subdivision code ~ - • The language of planning ~~;, ~' e • Le 1 rG uirements: dye rocess ua~ , r~tectl~n, roperty n tits, con#Il~c~ o, interest, gpen meetll~gs, ex part communtcatton. •p~ rlia entary procedures; P & Z Rules of Procedures consepnat~s~uil~ingl~ecision=mak~i'~g9uestions, 5 :~;, . ~a , , a~- r t~r7w 'wc ~„r'.'; ~~r~~ t .hs?rt is ~~i)+.wa r4 ~+~~I ~- =~~I ~:~' " s~ ~,..~ ..T_ »; ~~~P I: ~''1; .~C~.7` ~ t.. f-~. P J:1 ' ~ .. F ~ '- ~ xFv"`~, . ~1 ~ E ~~~ i .~ [, ~; ~. .,~ ~~ i~ ~.'~;, r, p ~ F. 4~'' C2` i .' f- ~- ~s., i, .;, ~:~- ,, 4...'~._ 4~ ~~~ -~~~ ~: 6/21 /2007 Listening • Sensitivity to the public's perspectives. • Hearing all the sides of an issue with equal attention. • Not making judgments before all have been heard. • Watch your non-verbal clues Objectivity ~7 • Keep the faith with the code. '' i • Not swayed by public pressure ~ ~~~ f -~ C ~- ~1 • Keeping personal' C~3a` ou£~' ~~ ~"~"' ~~ t~ ~ p 1 • Avoiding the slippery slope of irrelevantt information. • Fair and impartial in decisions. DO's and Don'ts of Don'ts • Slouching leaning back • Chatting with colleagues • Drumming your fingers • Nose in the notes Non-verbal Cues Do's • Refer to testimony • Refer by name • Look em in the eye • Nod affirmatively Relationships -the Planning and Zoning Commission Universe • Elected Officials • Fellow Commissioners • Staff • Public ~ ~, • Applicants • Lawyers • The Media `'~~.~, `'~"- • Other jurisdictions 6 t( t {'.'i ~`~' ~ ~ .~. ~Y!' -, -)u S k F~~ FL ~`~ . ~~' Y 4 ~ - ~ i x ~, ~ t " ~ ~ S ~. ~~~ ~y ~ ~ ~ 3 v ~~~ ~ ~~ 7 X.F ~ '~ ~ :. S ~ a {f. d°~rfi Fly 4.4~ ;,c ~ _ - , ~ ~ %gi ~ s' ~ ~ t~~yH }dam ~ ; r §, qT ~" K . H ~ a ~: - ~ y'~~" r. x ~,e',: ~."t ., ~ K v ~ ~: 4 ~ / x 4 ~ ~ ~ S; 4 ~ ~ ~ ~Y~ 4 }f +} "2 f 14 '^Y l ~~ fi~ y _ ~ i ~ ,1 yA~ ~~~~ ~! w ~F i t ~.~ t 3jj IY ~L~7-~ '~ Mad }~g ~ .f r + ~F„- YP ` .. ..~,4 <~,~ t -. ,:~..; ;, ..,~_ f, 5` ~= c _ ..k ~~;. r _~. ,5,rf f~V i.' 6/21 /2007 e~ Elected Off cials • Commission advisory to the Ele ted Officials • Work horse for the Elected Offidals • Responsible to give reasoned decisions • Allows Elected Officials to focus on most significant Issues • Elected Officials have final say • Commission actions should be consistent with electeds' policies • Communication is important; insist on joint meetings. • Problem signs: frequent reversals, electeds into the details, changes and/or appeals Staff • Staff work for Commission but accountable to elected officials. • Staff provide technical assis~ta,~ce.and expertise, j ' ~ NSnBA~OR • TNust is critical. / ` ~_~ _ ~I~ F.. - • No public critic~tm ~,~ ~° ~~~ ,'~~~~~ _ I~~_,,~1~ a %'~ • Commission has sensitivity to communitaf. ._.__ Fellow Commissioners AS pyAZINO NW •Y1VV [a+ta~JiGN4 YN cPN u1f0f Yu ~NM~hK KY G4QV M6 ^,dpfi Av ilif mq•Cq 0. qC, tiros wrax rsr ~wwu~m t r • Respe rt • Listen. • Do not air personal grievances in public. • No surprises. • Monitor your "air time". 7 '~~'ve: a,.... 4 3~! A r ~: ~a. i. ~.. i~: ~. i ,1 h , F ~, Pi Is 4~ r ~1~~FV. A. ~~ ~} ~j, L(n L' { ~ ~~~ 1. Ii 4..: '. .. ._ _ , is R~ ~f ~r~ F?r' { } r-~ :;'i I~ ;. __ ;.rz: t.;'c,.. ,~ i 1y `'rj %i r, ~~; ~' r, 6/21 /2007 The Media • Can not avoid • Be honest • Be straightforward • No headlines • Keep them accurate • Know their deadlines Other Jurisdictions • Actions impact others • Cities and counties • School districts • The county • Special purpose districts • Notice and opportunity to respond Applicants, developers, lawyers THESE ARE Ju]T TX6 ply AEVIARON FNOm THE pUWS PRELIMIN0.RV PLf1N5 WE MiE S~ APi'ROfED {AST WEEK Wlll A XAn6E5 C.AN SAWR~ • MEAN AI LEA770NE YAR ~ :-ELAY AND NIKX NIGHER COSTS MRDE • Not the enemy , • Same courtesie p blic • Deserve~xpla a ', re soning (Al '• (B) • Do not be intimidated • No last minute information Successful meetings t. Preparation. ^ Have time to prepare. ^ Read and review all the material. ^ Ask questions. ^ Jot down notes. 2. Staff Support ^ timely ^ Accurate ^ Objective ^ Clear and concise 8 ~ -• ... ,. .;,.y, ,~.q ;. - ~. } r'~ 1"~Ir~~ ~ 4 ,:a r:.;''~_ ... 4~':, ~' h ~1, ~, ~ { ~.. ~1+'rt ~ ~'_ ~ x 4 t 1 ti ' :~~i. ~yy.}~ v r'~ v~ iji_ 1 ~ .. '~ 4 '~ a1 4 +tii ~ t ~ _' ~' ~ c= t; ~~ - t` ~.,. f"` - '... ~ '.: .. ~. i} • ~. ~ , M 1 ~ ' r, . I G: 3~ ~ } ~" i . k. ~` ~y r 4 ~r, :._ ~zII ~. ,3 ;r ~, ~a `~ s,>, , . ,r, -vN , ~~ :r: iz,. ~,;r;~=. ~aJ=. &y:," ix`•'. i ^'„3. '. {~~''= '~ _, 1, Successful Meetings (continued) 3. Agenda ^ Available ^ Followed 4. Minutes ^ Summary action minutes only ^ Do not waste time on minutes 5. Role of Chair ^ Most critical role ^ Sets the tone and maintains control ^ Maintain perspective, big picture ^ Morale builder, cheerleader, create cohesion, bridging differences ^ Expert in parliamentary procedures Decision-making ~. During the hearing • Active listening • Take notes • Ask meaningful questiolts 2. During the Zommiss~on Discussion • Partiupate • Do not II- work toward consensus-not full agreem~nt. • Express disa reement -silence means consent. • Ask for clarification • Monitor "air time". • Remember the record • It i Co 1missi R Discussion-not a dialogue with sta~f or Ytte pu~ilic. 6/21 /2007 Successful Meetings (continued) 6. Public Hearing ^ Have rules, available to the public and stick to them • Introduction • Staff Report Questions of staff - no opinions • Public Hearing- hearing Is dosed • Addkional questions of staff or dariflcation • Commission Discussion • Commission Action ^ Keep it formal but comfortable ^ Speak through the chair ^ Do not ask questions of staff during the public testimony Decision-making (continued) 3. Making Motions • Staff prepared motions • follow parliamentary procedures • Speak dearly and condsely • Stay on the subject • State motion affirmatively, "I move that we... " • One motion at a time. 9 ~ r ~. ~1~. r~ ~ - ~;~ ,~"'r~~ ~:;~s S y 1..$91 - t.} i _ - '~~ r t s ~ ; ~~ 3~ ~ k , - - ` - Y<.1,. a ka ]7.'.Y ~'Y ~,~... '~~; fig ; "~~titlCyy Xt] F ~~~ r ~~ 1' 7 } . t. ~ ~~ ' ~{tL~ r~, T.~ .~ ~ ~f '. -~ d h-i-~41 A?, y .. 1 - # .. .L ~ !~~ ~ ~ ~`1 S ~ ' ` ~ 1 ! 1 t . ~ ~ ~J } ~ ~ ~ 4 ~ ~ 2 7^ ~ -lo .`~q. N ~-.i ~~ ~ } , .yL ~~ : , ~ , ` i ~ _ ; ,M H.yy~;1,• y ~ fix' [ S6 ~l ~:~! L 1. '~ .. ~i tr ~`. , 3y ~ ~ xw 7 t 4^ Y` . S S't~ }/C , _ ~ ~ a ~ ~ I ~f , , - _ J . ~1~„'~~~ K FTy e _. ;'`_~~ ;. L ,, ~. ~,~ ~~: .~:~ ~:,. ;;,~•~:. _, . ~, s:.'_:. ~,~ ~~,~ ~~: a-s_ ~~. *~ `~ ~F' r III j. • Decision-making (continue~~ '?Paps to Avoid ~/ • Scatterbrainstorming- one idea is followed by another without resolution until one is found the group likes. • Looking to authority- the planner, the chair, the attorney. • Railroading•one group or individual forces the issue before others are ready. • Paralysis- be honest about the reason for delay The Art of Asking Questions (continued) Asking of the Applicant ^ What are your objectives? ^ Can you offer other suggestions/conditions/project changes in response to the issues raised? ^ Do you support the conditions/recommendations) 6/21 /2007 The Art of Asking Questions ~\ Asking of staff ~~ ^ What other alternative/conditions did you consider? ^ What are we trying to accomplish with this requirement/code/policy/regulation? ^ What has been the precedent on this type of request? ^ Will you explain the process followed on this applicatloni ^ What feedback have you received from the residentst ^ Does the applicant support the recommendationst The Art of Asking Questions (continued) Asking of the Public ^ How will this proposal affect you2 ^ What are your concerns? ^ Do you support the proposed conditions? ^ What other changes/conditions can you suggestt _ _ ~ 10 _,, ,,_';: ~~ ~ rSL~ ~ y X. 4'.'. ~..': _ .. 2 4th .Z~.v~. 4., 4: i, ~~. (- T' r t 7 ~f f'+ F . 1' Y. L t _ .~~.~.::,_ S r Y . • 6/21 /2007 H... I ;;~.~ ~~ ~:~:~ ;i -; t.,: ~.. k c.-: li I r# -` ; ,`}.,. Hsu ~'I ,:.~,:; The Art of Asking Questions (continued) Asking of Colleagues ^ What is your opinion about this item? ^ What do think this action will accomplish ^ Would you please elaborate on you positions i:>< pane cor>tacts, conflicts of irrterests, bias Ex pane contact • OK in legislative decisions • Disclose in quasi Judicial Conflict of Interests • No economic interest in decision • Disclose in advance • Step down- Not participate in the proceedings Bias • Applies in quasi Judicial decision • Actual or display bias • Must be impartial and disinterested Ten Commandments of Good Quasi judicial Decision-making t. Follow the Code ~ I wt '. 2. Avoid politics i' II VII 3. Be politically correct and digni e~ ~ Ix 4. Consider all the evidence V . !;r, x 5. Make a good record 6. Make written findings and conclusions 7. Support the decision with real evidence s. Impose only lawful conditions 9. Do not invade the province of staff 10. Think like a judge, act like a judge and decide like a judge. Steps to Build a Better Commission 1. Develop and adopt bylaws and procedures, and stick to them. 2. Prepare and maintain an adequate Comprehensive Plan, refer to it, and make decisions that are consistent with its policies and implement them. 3. Annually review what you are doing as a commission, how well you are doing it and how to do it better. 11 i :f :. ':, • 6/21 /2007 Steps to Build a Better Commission (continued) 4. Outline a year's work on active planning and stick to it. Don't confuse development permit processing (reactive planning or plan review) with real planning. 5. Ask to participate in preparing the planning agency's budget. 6. Meet periodically with your Elected Officials to exchange ideas and to assess mutual objectives. Steps to Build a Better Commission (continued) I t0.Tour about as a commission to see what others are doing. 11. Lobby for good planning. If you don't, who Willa 12. Take time to orient new commissioners ~to the job. Steps to Build a Better Commission (continued) 7. Consider a public forum every year or so. 8. Tell your staff what you want, how you want material presented to you. Don't be a passive commission that waits for the staff to tell you what to do next. 9. Attend some courses on new planning techniques and expect your staff to do the same. Recipe for a Successful Plannin>7 Pro~:ram ~-~ --~~'~~~~' #1 Plans and Policies #2 Implementation Tools d• Comprehensive Plan • Zoning • Strategic Plan • Subdivision regulations :• CIP • Engineering standards • Growth Management :Development agreements policies :• Design review Annexation policies :Economic development • Housing programs :• Resource protection d• Infrastructure investment #3 Systems :• Procedures :• Budgeting • Trackin :• Ma in 12 ~ `. t t- E: ;~ .~,.: 7 n'.fs ly~ ~~~`..j,~ ~.'4 i ~ _,•,~ X '~;-_ ~{ti ~~" " ~ :.ig+YYS ~ ~ ~: , ~ ~ k i ~ ' l i ). - '' 4* ; i i - i.. s s 6/21 /2007 #4 People CITIZENRY PLANNING AND ZONING :•Positive and meaningful COMMISSION involvement ''Workhorse for the Council '''Proactive not reactive ''Reasoned and supportable recommendations ''Advisory -not the politicians ELECTED OFFICIALS STAFF '~' Provide leadership and `'Technical expert, communicator, direction facilitator '~' Set priorities ~ Strategic thinker, problem solver '~' Make decisions ''Support for the commission '~' Communicate and ''Political astute -not political Resources • Association of Idaho Cities and Counties • American Planning Association (APA)-www. planning.org • Idaho Planning Association (IPA) • The Commissloner-APA quarterly • P/anningComm/ss/onersJourna/- www.plannersweb.com • The Job of the P/ann/ng Commissloner, Albert Solnit. • The P/ann/ng Commissloners Gulde, David J.Allor • Master/ngMeetingManagement, CD-Rom. Planners Book Service 7 " • '~ ~x r~ It's QUESTION TIME !! 13 °~ ,'' ,1 ,;,, ..~, _' _ ~_ ,~ . ~~ . } .. _ , f: ",:-:, f .Meridian Planning and Zoning Commission Handbook 1 ~ Page .d ~~~~ ~;~R ~, ~ti ~h 4 ~ fF .~ Yxy} ~~ 4 "i.+ acts F~;f S~L +lF'R Z -ti M~ ry~~ k t' (l~~-t r: 1 A d tR _~ ~ 4 4 T £~ Y~ v 5 ~ ~ ~ h ur' ~ ~ _ ; ' ~; 2 ~i ~1 ~ 5~ 1i1 i ~ .c r 1 .r-~ra! - .._ 2 d t. F-r ~ y_ i 3i: ri S ~:"~9" ~ y - ti~ r ~~ AFL Ca t ~ - ~~ + f ~1L.@MI,~ ~' C ,.4'_ '- 4 ';~ k .~""~,`.k .5 ~~ K; ,it c7~'KS?t~, r. ~~y.: r . .x.. - ,.. , ` 4 ._,->: ;~ s:' s ~a> __ i`r ._ ~;- .,:. ~,:, .:, >. ~I ~~~ i.. <;r ,: ~~ >I ~~: ,;;; Planning and Zoning Commission Handbook Table of Contents Role of the Planning and Zoning Commission Overview City Code Bylaws Helpful Aids Meeting Tips The Art of Asking Questions The Ten Commandments of Good Quasi-judicial Decision-making The A-B-C's of Parliamentary Procedures Steps to Build a Better Commission Recipe for Successful Planning Function Important References Glossary of Planning Terms Resources Idaho Statutes 2 ~ Page rt _~ .ta ~.~~~Ai~~` ~-.; ry l' T N: 1 ~s'ty'~.',r F k ' t + y` a r 43 i .~ ~n~ ~ j~ ~ Y 3~ t _f~' ~ ~ s-. 1~ - f ' ' ~~F ~~.,?~5 , ~ ~ . i ~ k ~f~~~r ~'~y3,. 4 ~' ry tip 'Idf~ ~ Ci f ~fi~~ R ` ~.. ~_~ x ~y h~F ' i ~ .? ~ 5 ~ ~t;a "` .• S ~ F'~ ,'d ,E ~ ~ y ~ , ~ ~~ ~ . ~~ ~ .n,,..~a°~ # ;~ ~,~ } .k , y. ,; Y fti j a.. i~ h ~...~ .~ ~~ y~ l ~ ~' "~ x t' ~y ~~a At ~~ ~"• 1 ~ ~ 1 ~ y 6~~ ~ '„ '~ ~d:- ~ ~ ~~ ,. .. ~ , ~ ,AF "- '."!~ ; , ;A ~ `'ki. ~ : yi i ! i l ~ ~R Y y y i , t F ~h ,q ~it~i '~~~~~ ``~~„.„y ~ r ~ . rnvr~~ Y c ~; ' ! :q 'i~,~riZ fr n^~ ~ ' F , • Role of the Planning and Zoning Commission 1. Purpose- the Planning and Zoning Commission acts oi~behalfof the City Council in deciding on and recommending land use activities and related matters. The City Council does not ''have the time to do theix work an_d_ the j,ob of the Commission as well. This is not only because tlseir workload may be to`o~large, but also bec~.iuse-.the job ol'planning is too important to ~I'eave u~nattended;'~The Commission has the authority and responsibility to play a~key robin advising the City Council on land use concerns and deg°elopment issues, Z. Legislative Authority- Idaho Code Title 67, Chapter 6'S is the "Lochl Land Use Planning Act° This act requires that all cities _and 'counties exercise the responsibilities identified in that act. The la~ti~ allows _tl~at a City Council m~ delegate. most of~ the responsibilities to a Planning andZoning, The two exceptions are adoption of ordinances and approval oE~fnal subdivisions, 3. City Code -The City Code est~~blishes th:.~ f'laiining and Zoning Commission. as the planing body for the City~._rfhe Co~~cifies_the zz7et17b~t~ship, arganzzatiozi, meeting, and duty requirements ofthe-Commission. , 4. Commission By-laws -Commissions should also adopt by-laws for the rules of conduct and meetings. 5. Duties and Responsibilities -Responsibilities of the Planning and Zoning Commission are established by State Statute and the City Code: a. To prepare and implement a Comprehensive Plan; b. To review and recommend changes to the Zoning, subdivision and other Land Use Codes. c. To review advice or act on requests for conditional or special use permits, subdivisions planned unit developments, transfer of development rights, variances, and design. d. To carry out responsibilities in accordance with the notice and hearing provisions provided under Section 67-5609. e. To hear appeals from decisions of administrative Officials. f. To provide for meetings, hearings, surveys, or other methods to obtain advice on the planning process from citizens, other public officials, utility companies, and civic, educational, professional or other organizations. 3 ~ Page '~ 1, ~~r ;n - .~ ~.!<: "1F ' 1 b~_~~'.. - ~~ <. ~` <~1; ~~ ~,~ ~F~'v :1 ~w, ;:, -`~ ~:~ ;;n `:I ~: :~ ,;~;i i =.~~r 6. The Commission's relationship with the City Council and Staff- The most important aspect of the relationship between the Planning and Zoning Commission and the City Council is the Commission's advisory role except for certain applications. The Commission makes recommendations to the Council, and the Council has the final say. For example, the Commission might recommend a change in the zoning code, but the Council has the authority to make changes from the Commission's recommendations. A Commission that has a good working relationship with the Council can play a key role in keeping the Council informed and educated about planning matters. If 'the Commission provides the Council with good, solid reasons for the position it takes, then the chances are improved that its positions will be accepted. The Commission also plays an important role for the Council in developing a record on land use applications, sorting through the details, and resolving most conflicts. If the Commission is doing its job, by the time an item appears before the Council, the Council should be able to focus on the key, critical issues. With a concern for the future of the community, the Commission is also in a better position to ~ look at the long-term impact of ~ actions. Council Members more frequently respond from a perspective of expediency. As appointed and not elected officials, Commissioners are less likely to polarize issues and can work toward consensus. Planning Staff work for the Commission, but it is the mayor who hires them. This sometimes creates a situation for staff where they are serving two masters. It is important for Commission members to remember that even though staff serves them, they are accountable to the mayor. It is certainly within the Commission's authority to seek information from staff, to ask for recommendations on actions before the Commission and they rely on the planner's ability to provide technical assistance and expert knowledge. The Commission should trust staff to take care of the follow-up work that results from decisions or recommendations that it makes. Commissioners are also distinguished from staff by having more roots and connection within the community. Commissioners bring to the decision making process sensitivity to the nuances of the community that professional staff rarely possesses. 7. Legal Obligations -Several State Statutes guide the manner in which business of the Planning and Zoning Commission is to be conducted. The Commission must exercise its responsibilities consistent with the provisions of the Land Use Planning Act. All decisions must be in writing, with supporting evidence and reasoning behind the decision. Procedurally, the Commission is required to adopt and follow a 4~Page > qr :. ~~r ~{ :~ ~ ,~ : , ' mow, r' :~?; ~r~,":~! y .;Y f.~~ kd ~ ~ ~ '. ~ v . ~ = Vic, . - ~' rc~ q. s ~ iryi" ~' ~, ~ q ~?~ *~,. r ~ , o mot. ,'~ et ~ + .{+ .f ~. ~ ;: ~+ ~ Y t '-~ z r, F c ~.. - ~c'e'~' k~~`~ t ~ in a, 1 ~:~ .. r 1 xa , Y .~t.... 4 ry, ~` ,1.,111 ~et~~,~, ~~...~t., r~ r~.'4 +a - ~. + r ~ ~. ~. yip hf ~ g ?r r ~~!. ~ ~. ~. n ~^ ~~' ~ ~7 ~=~ ~ ~ ~~ i r .'~1~ r is ~i 3, ~ r a F ~ Y ry ,;_ K i~F h~t a 'F~ tti; i d A. t' ... _ . gyp, iY ~ i _ ~' a ,. ~~tr~,.~-SA iii - `~ ~ ~ ~ set of bylaws. All Commission meetings are noticed and are open to the public. Records of meetings, hearings, resolutions, studies, findings, permits and actions must be maintained and open to public review. ': Commission members must also comply with the "Ethics in Government Act of '~, 1990". Any member with a conflict of interest in an action must declare the conflict and is prohibited from participating in the Commission decision on the action. ,; °', ;~,' -- -a ,~ -~}MI r._~ 6' ]4•i; A, ^y je ~.; ~'. ~ ~~ Iii ? ..` 4 ~:.\' .'j4•.^- ~,_ ~~~ ' ~ ~;~~?: *,; ~i t. ~I 5 ~ Page .,r~. ~~ f . 1 { r. ,~; 7P ~::~ ~ t~,g ~~, Nt ~~rl: :!: ~~r~~;+ i tY" „~i~ a S u ~{,~. }rf Mk:r~j r'~~~b:. J~ ~~ • J. f it .'~. ,~'~. ~,. 7 I ;.~; >;JII P .' a r~ ~. ~7 ~~ . {~° ~.:e:<-~ ':;'a~i L J TITLE 2 CHAPTER 4 PLANNING AND ZONING COMMISSION 2-4-1: MEMBERSHIP, TERM, AND QUALIFICATIONS: The commission shall consist of five (5) voting members. They shall be appointed by the mayor and confirmed by majority vote of the council for terms of six (6) years. An appointed member of the commission must have resided in the county two (2) years and in the city for one year prior to his appointment, and must remain a resident of the city during his service on the commission. Except that at least one but not more than two (2) members may be appointed from residents of the city impact area, outside the corporate limits. Such members shall have similar residence requirements as those within the city, except that they need not have resided in the city for one year and need not be a resident of the city. Members of the commission shall be selected without respect to political affiliations and shall serve without compensation. Members may be removed for cause by a majorityvote of the council. (Ord. 05-1184, 9-20-2005) 2-4-2: ORGANIZATION: '`' ~~ The commission shall elect a chairman and create and fill any other office that it ,' H~, may deem necessary. A commission may establish subcommittees, citizen advisory ~:.,.> committees, hearing examiners or neighborhood groups to advise and assist in carrying out the responsibilities. Acommission may appoint nonvoting ex officio advisors as ma be deemed necessa .Pursuant to I Y daho Code section 67-652 0 the rY , commission may appoint hearing examiners for hearing applications for subdivision <~ :~ and variance permits, and requests for zoning district boundary changes which are in accordance with the plan, and conduct all other business in accordance with = Idaho Code section 67-6520. (Ord. 05-1184, 9-20-2005) 2-4-2: ORGANIZATION: i~ The commission shall elect a chairman and create and fill any other office that it may deem necessary. A commission may establish subcommittees, citizen advisory committees, hearing examiners or neighborhood groups to advise and assist in " carrying out the responsibilities. Acommission may appoint nonvoting ex officio advisors as maybe deemed necessary. Pursuant to Idaho Code section 67-6520, the °r commission may appoint hearing examiners for hearing applications for subdivision and variance permits, and requests for zoning district boundary changes which are in accordance with the plan, and conduct all other business in accordance with .~,;~ Idaho Code section 67-6520. (Ord. 05-1184, 9-20-2005) 6 ~ Page (y ~~a'-y S i ~' ~~ ~~. ~}r . {. ~',t ~.?~ ;y , s.. ; 13f Se i... ,...._ 5~t -: S ss 7 ": S' ~ ,~' ~~a#~ .r ~~ ~`.~ "'2i; y ~:': 4 ~~. ~.. s;-~~' ~..- ~, :;~._ ~} ~ ,; ~;= r -a ,,, .;.a • :~', .,,~ .~ ~I~ ~~.X ,~ }, . -~,~ , ,y ..F,~ +~~ ~a; '.. ~~ 4 is P ~I ~}sll 4," is" T.. }; ._ ', ru-;;I e :, ~;.., i.;>~ 2-4-4: EXPENDITURES AND STAFF: With approval of the council, the commission may receive and expend funds, goods and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources and may contract with these entities and provide information .and reports as necessary to secure aid. Expenditures by a commission shall be within the amounts appropriated by the council. Within such limits, any commission is authorized to hire employees and technical advisors including, but not limited to, planners, engineers, architects and legal assistants. (Ord. 05-1184, 9-20-2005) 2-4-5: DUTIES: The commission shall have the duties as set forth in title 11, chapter 5 of this code. (Ord. 05-1184, 9-20-2005) 7 ~ Page ._...~ , {~; ,~ ;- ri} i j yL~ ~,. ~~~~rpp. >,:;y; ,~~ ?t k .]k^; i ~~y~~ ~~ H ~~ ~ 1 i ~! -~ ~''.AI t~u~ it a. :..,.t ~ ,f;,.i ,. ~y _, .Sv"r _ 4t :~ '~i ,~ -_~ ; .i • e `'` TITLE 11 Chapter 5A-2: DUTIES AND AUTHORITY t . t A. City Council: The Meridian city council shall have the authority to set policy and of ,~i 3: '' ~~ ` legislation affecting land use and the administration of this title. The city council '" ~ shall act on recommendations from the planning and zoning commission in ~ ~~"~ legislative and quasi-judicial matters and serve as a review authority on appeals ~-' of discretionary and administrative actions. (See table 11-5A-Z of this section.) ` ` ~ B. Plannin And Zonin Commission• ,. ~~= g g .The Tannin and zonin c p g g ommission shall be 2r" ~ the designated planning agency for the city. The planning and zoning ~~ -~~:-~ commission shall be responsible for final action on discretionary permits and for ~= recommendations to the city council on land use legislation, comprehensive plan amendments and quasi-judicial matters. In addition to the duties listed in title 1 a;. of this code, the duties of the planning and zoning commission regarding implementation of this title shall be as follows: «` 1. Provide for citizen meetings, hearings, surveys, or other methods to obtain . '' ;;1 advice on the planning process, comprehensive plan, and implementation; ~" ~'~'' 2. Conduct informational meetings and consult with public officials and agencies, public utility companies, and civic, educational, professional, or other '' , I, organizations; 3. Promote a public interest in and understanding of the commission's activities; 4. Make recommendations to the council concerning the comprehensive plan, planning process, or implementation of the comprehensive plan; and 1Y .;~ 5. Conduct public hearings and make recommendations based on the required findings and standards to the city council for applications in accord with table 11-5A-2 of this section. _ C. Planning Department Director: The director shall be appointed by the mayor and confirmed by a majority of the city council as the administrative official for this unified development code. The director or his or her authorized staff shall .;; administer and enforce this title and fulfill all the duties imposed by law including, but not limited to: ~`:,'. 1. The director shall make interpretations in the enforcement and administration of this title (see table 11-5A-2 of this section) including, but not limited to, those in this article and the following: 8 ~ Page ,~ r ~ ~ j. Jt:. ~ ;1 ~~"br ~K r ~r~`r a-~ ~ , t •~' ~ :~, y ~:. 'r ~. c~.t~r ~ ~ .~ ... i ~ `; c5 t ~ ~S= 6 ~",~i ~ 7.. 4 i~t;,: i": ~'}: L r~ r; t ~i j;; ~ rv~:: x 1 T'` i '4~ y ~S' iv ~': ~~ ~. ~} ~ titr y±Tl ~1 1' t.': a~., ~, a •! ~, t f .~X t~- ~ ''~ , ~ ~?G' s L ~'/~ r ... Y ~ , . :~~ 15. ,. ~,~. I.2'. ~ ! ~ •~ .f f~_ ,a. ~~` .hY ii' f~ ~1 { ~~ ~~'' ~. I~; i ~~ t /. ~1 1~'~j~ ~ ~1 I~ I - V_ Y.' •.: a. Conduct investigations of structures and use of property as are necessary to ~' determine compliance with the regulations of this title; ?, - b. Order the abatement of violations of this title and aid in prosecuting such - violations; ,:; ,:.h ~T~;' c. Withhold any certificate of zoning compliances on any property where - structures or uses are in violation of this unified development code; and ' ~;t d. Enforce penalties for violations in accord with section 11-1-11 of this title. r r? _;{~: 2. The director shall provide information to the public on planning, and zoning, ~~+"' matters. °;~' 3. The director with the city clerk shall receive and examine applications including, but not limited to, the followin g a. With the consent of the owner, enter upon any property to make -~~, examinations and surveys; .~, , b. Maintain records of all materials and correspondence related to land use ~;>}„I I applications; c. Transmit to outside agencies and provide written notice to surrounding - ' property owners on all commission and council hearings; I '' ;~a ~`~ ~ d. Maintain records of the commission and council hearings and actions = = ~ ~~ thereon; ~~ °~ ,ti,; e. Transmit to the commission or council all applications related to this title. 4. The director shall issue certificates of zoning compliance. 5. The director shall review and act on requests for alternative compliance as '~ _ identified in table 11-5B-5, section 11-5B-5 of this chapter. _ D. Summary Of Actions And Authority: The following is a summary list of the actions `~- T; ~ that the city shall take in administration of this title, the body responsible for the , action, and reference to the process under which the action shall be taken. In the -_ case of concurrent applications requiring action from more than one decision making body, the applications shall be combined and the decision making body with the highest authority shall be responsible for all decisions. This is not intended to require the planning and zoning commission to review applications ~r where they are not listed as a recommending body such as final plat variance t:;; , , and vacation. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 9 ~ Page a ~ ~?, r ~ ~ ~~~ ~s '' ~ s ; ~ - y~ ,tip ; 4 ~~ r ,r~i;~~ r - rt #. '!"' l F,i ~y~~!'y r N t. S+t ~^S K~~Y'i,1~i' P ~ ~ '~ 1` ~ i ` {. Ks'4r t H'~. y4„G 2}t :'~f '~'` 't)+ . ,~1 :M f ~ }, .~ k 'tip w ~ i ;~ '¢ -~.`~ `, ? ~ ~a~a - r ;a ~~r.1~ ~ ~ ,, .~if~~ ~ 3 . ,' ~ ,~~: :i~! ~ - ,,.. __ ~ ~ r~~ .;.~~i. ;ti,p _ - r i ` r, i-~ 4 tti ~ ~FF ~ its ~,~. ~3~_~ ~ zits t ~•~. ,v... { i ~ YY~ ,, r d' t.~> 1 ~~L'-g F tis'e;~ '~~~ - -~ . L': of ` • ~ • ..5. 5g ~f _' r~, .. PPPnt ~~'.' ~';..... ~" 'T ~r ~• ~~; TABLE 11-5A-2 DECISION MAKING AUTHORITY BY APPLICATION ~< wf '_' Application Recommending Decision Making Process ~" ': Body Body ~.;, :-; `. Accessory use for daycare, None D N ,~-, r,: family ~~~` Accessory use, home None D N ~' ~~ occupation with customers or . ,: " clients ~ ~ °. Accessory use, home None D A ~'=- ' occupation with no customers 1~. ~,~; .-` ~- ,, or clients `~ Administrative design review None D A ~a,`" Alternative compliance None D A ~ ;. ~;' ~~'~ ' Annexation and/or rezone PZ CC PH ~~ ; Certificate of occupancy None D A r~~ - Certificate of zoning None D A ~:: ,,, y,° ~. ~.. , compliance ~`` City council review None CC PH ", +;-< Com rehensive lan P P PZ CC PH ~' ` amendment ~~' " ~, Conditional use D PZ PH ' ~~ Director modification to an None D q approved conditional use ~_ ..-.>.. Landscaping plans None D A ~::: Planned unit development PZ CC PH ~~ ,.. Plat, combination PZ CC PH Plat, final D CC PM ~~ Plat, final, modification to note D CC A ~'- -. Plat, preliminary PZ CC PH -~~~~~~ Plat, short None D A ` 10~Page <~ .; <<.. _ f,.~ ~ ; a ''~` t ~' ~ti~ ~ M~ t~ ~ "k 3 ' Ek`1`-i- S f~S 1f~ - ~; 1''~''ki~/ ti 2 ~l 2 't7z '}'~. ~~ ~S ~ :f ., ` :~ ,~. ~a+ti ~f ~~.il~~ ((5~{{yy¢~~ jqi ~, ~ 55S 3K ~.`:. 1T1~ ._ a, ~ , x t ~ ` . '~' :j ~ ~ i ~ w '. } .. tt r h~ ~~~}t~ ; r "._ ~ _, . ~ ~ CL'~. l[' ~l ~ f~Ml `R. ~i J -'f~ ~ ~ r., ~]. ~k }} ~4 ~~ ~ S~ . „ { } 1 .' 3~'~r4'r ~~.., aY ~ ~,SZ. { [~,E r it ~'r"a'1F~'S~t~~ l 4,~i~ k SS _ C F r.h 1 z 3a~ . 1,~,µ ff ~i ~ 1 i ~.. x cti~' ~ - F r'~~ t" +r~~ ~; fts -~: ~'_ Application Recommending Decision Making Process Body Body ~'°` .-, Property boundary None D A adjustment Sign None D A Temporary use None D A `" Time extension, commission D Same decision PH or council maker as initial approval '_`~'` Time extension, director None D A Unified development code PZ CC PH amendment Vacations: j . Exempt per Idaho Code . ~ section None D A ~::~ 50-1306A(5) D CC PM ~` ~ Right of waY D CC PH ~~ All others Variance D CC PH CC =City council A =Administrative `-~= sue. D =Director N =Administrative with public notice PZ =Planning and zoning commission PH =Public hearing j`'''r PM =Public meeting ~, 11 ~ Page i i a2~~~ ~ ~~,~~ o - '.'j~, ~h _. -.. ~ ~. .*. _ ~ ~~~ ~ ~ ~ ti i `~~ 4 ~~'h ~ v'~s~.3js~y, tp v~ ~a ~, ,~ rs ~a ,sT ~.~~~ ~ ~ r '~iT ~_;, ~ $rT k~,iltt~ed rff t+K{,. ~'ks'k *` 3~~.,i., i` ,,~7, ar -. ~ '~*~k ~1~5 '. Y'..'1 Sri { ~}.Eti-. - t `:' ~ y k ~_~ u = a. F 5a1 Z ~ ry~ ~~~C ~~ ~~ '~~~~~~~?' ~~ i ~~: DS 1 .~` i~~." ~. x~rr ri 4 y ~ ~ ~~ ~~~ ~,~ c~i~~' ~ ~; yt . r ~ . ~~'' i '- ~~' .,r N.~.w' ~ ~ if ' Y' ~.. ~- ~~~~~, ~~ ;- ~; ~, 4e ~.r '~~~rr :'l ~ ~ i.f ,'y ~„ ~4~~.~ ~~ - .. •~~II ~, r,~. ? fi ~: n-. -< ~~I :~" ,~ `;` ; ~:,~ ti:~. rF -. y_` • ~~ ~g¢na mat~r~al js • M¢¢ting Tips Having agenda in advance of the meeting is critical to successful meetings and decisions. Late materials should not be accepted unless time is available for your review. ¢ pr¢p~r¢ Be sure you have read all the materials before the meeting, reviewed the relevant code provisions and understand the issues. Call staff if you have any questions or don't have all the information you feel you need to make a decision. ~ Meeting time is precious and should not be used r ~t~6~¢ C~npL~~~g~, ~ for issues that could be resolved with staff outside the meeting. ~N~ ~~v~n~~ ~v~rn~ng. If you intend to bring up an important issue, alert the chair and staff before the meeting. This is a common courtesy that will help staff prepare and avoid embarrassment. ~¢ t1~¢~gu~ ~~6t~¢ ~® An idea rejected may be presented later by the one ,~ssln~~0et~~~, who opposed it earlier. ¢~ h¢r ~h~ ~1~~ Following Roberts Rules of Order, established public hearing procedures and the Commission by-laws will avoid confusion, and the meeting will run more smoothly. ~ ~®~r$¢®~s ~n~ ~~sp¢eul. Remember you are representing the County. All who come before you deserve courtesy and your respect. Personal disagreements with your colleagues and staff should not be aired in public. p¢~k ~hr®~gh ~ ~h~~r. Always address your comments through the chair. This controls the proceedings, avoids confrontations, and helps in maintaining a clear record. L~st¢n. Listening should not be just a time when you are waning to speak again Some of the best 12 ~ Page ,: ~ riti' ~ ; ~s~ a ,~l~t ~ .~ . K f h ~ H~~ F_~. ~ ~ '? `~` rz~<' ~ <~~ ~ } ~ 4 r ~ ~y ti ~ ~ ~ i~ ~K r ~! ~ 'c~ r ,h,~z; tJ .~:.'~'~u d:. +2 q.`' y `iS.. .~* ~ ~f~N-'.. 4~~. s ~%-a ~. _ Y ~ y Y,, ~~ ~~ `~ • 4~ :~ ~° °® ,, ,, r~'.~+ ~: ~:;;:~- x; ~~ t ~' ' ~;. ~s _, ~~. _~, . a_. ~:..., ,,, f~ ~~. ~~ }--,`'` ~;~_~ ;~ ,;. .~:~: ~~ -. _,-~ ~. >,~. i. ,.El ~~... ,, .~ r , s~~ ,~ ,: ~: <_ ~. „.. "s'' ~, `;_ . `=~.< 3 '{~ . ~~ suggestions will come from the least expected sources. Equal time should be available for everyone to speak. Remember even in the Supreme Court, you only get 30 minutes. ear~fui a®~~ inf®r~lity. Using first names of audiences' members you know and the last ones you don't, gives an impression of bias. ®61St~"c'~t¢ ~~~t~`~~0 Provide a neutral position before the public hearing. Especially during breaks in hot meetings, be sensitive to perceptions. ~ ~ ~h~ 5~~ Keep focused on the issues, avoid the introduction of extraneous or irrelevant comments. This is especially important in the review of quasi-judicial items. ® h~~lie~¢s. Judge what you say as whether you would want it to be a headline in the morning paper. Leave the provocative, media catching comments for the elected officials. ~6~~8~~~~ ~~ ~'~~®~~. Remember a record is kept of your proceedings, and minutes are taken. Clear and concise statements allow your position to be better understood by the minute taker, staff and a reader of the proceedings. ~~ ¢~ ~~~~. The staff is there to provide you information and analysis for you to make the best decision possible. They are not the Commission and should not be asked to make a decision or be part of the deliberation on a decision. ®~-~,,®~ ~, _ ®Bl 13~Page Silence may be interpreted by staff as agreement, and they make take action based upon that assumption. This simply does not work and makes you look weak and indecisive. Precedent is important, but it can be an impediment to new ideas and moving forward. Yi ~ ~ ~ ' ~ ht ±`~ ~~ ~i~~ ~, iii ~'~ ~a'.'~°r ::l{ i .~.y. ~ .. yt.. li ["4,~1! y ~ ' ^ F ~ Y,, Z ir' 4 f ~i ~1~~S y~ ~ { - ti .. 'k T ~~ a~'~ ~ a _r p, '~~~v: " i'~a' _ _ ;. i... ~ } ;: s Itr ~ ry~yF~~:~~z i -c~ti'r r ~ ~, ~ 5.,~e wii~l, , _.;t ~ ~~ .: ~ A"' f n ~, tl~ 'Wti ~~ Y '7 . 7 ~ ? Y~j ~ l 12. c 3 x t~ '~+ S F.~7, ;. ~ -t.:J Z '~'t-7~3~1 .(~{ Y 54 1' h ~ ~ 4`~~.1 y 1~. _T ~ ~ r ~~ ~r~:ea `~,'` i ~ ~ 34 S ', ~., 1°'o-t p>Y~ J, :.k. ~ ~ i s' ~,.. W~~ y1 ,:~~ ,~~- i~~i .,:_; .-.~>. ~ , Th¢ Art of Askin u¢sti • ~I g Q ons. _° u¢stins are n¢ of the st i portent tools you can use o in infor ationr focus the groupr and facilitate ¢cision- a 'ng. ere are sa plea: Asking of Staff What other alternative/conditions did you consider? • What are w¢ trying to accomplish with this requirement/code/policy/regulation? What has been the precedent on this type of request? Will you explain the process followed on this application? What feedback have you received from the residents? • Dods the applicant support the recommendations? fa ~ ~ Asking of the Applicant What are your objectives? ' Can ou offer other su :{ y gg¢stions/conditions/project changes in response to the issues raised? I, r;! Do you support the conditions/recommendations? .,~„ r ,,;~; ~.;,. ~~ ).f. '~ ` ,: ~- r: ~' ; Asking of the Public • How will this proposal affect you? • What are your concerns? o Do you support the proposed conditions? What other changes/conditions can you suggest? Asking of Colleagues • What is your opinion about this item? What do think this action will accomplish? • Would you please elaborate on you position? 14 ~ Page ~• ~ ~~s L~ ~ GIs, Lin ~~ ~ rr; i .t'~s ~ /iii adr S~".} ~ 7°.i! -: £ , :2~'.vr',':k~ ~~~: ~ :, i4 c; ~ f n I VI II VII III VIII IV IX V X I\~I `J TEN COMMANDMENTS OF good quasi-judicial decision-making byAllc/lrae/Wa/fei, WfaA 1. r, >;.`' Know your Land Us¢ Cod¢, know the standards applicable to land use decisions, and follow your code to the letter. In general the law does not permit Planning and Zoning Commission M¢mb¢rs to deviate from the Cod¢ or State Land Use Law. s~ Z. ~~ `~" .,~5. l..:I~~ r~y, ~~;' ,~_ ;~ }:- ;, ~h; ~~~ ..sxY t.-, ,: ;'' 'I, r.~ ~~: ,~c Syi ;j; cs: , ~_; '~ f =~{:: ~~. ~~ ~~ +;-'„J L_~ } 4 Politics has no place in quasi judicial decision-making PERIOD. Do not let political agendas or political motivation enter into your decision-making. Do not make decisions based on your perception of what is popular. Do not make de©sions on what will get you r¢-appointed. Do not make decisions based upon your perception of what is in the best interest of the City. Do not make decisions in retribution against a land use applicant. Do not make decisions to curry favor with an interest group. In short, political agendas have no place in good quasi judicial decision-making. (See commandment 7. for what should b¢ the basis for decision-making.) 3. YOU are the judge, and in the process of making a quasi judicial decision, you are before the public and °on the record". Watch what you do, what you say, and how you act. N¢v¢r use inappropriate words or conduct in hearings, in public, or in documents. Do not I¢t personalities dictate the action you take in conjunction with a land use decision. Do not 1¢t business relationships or friendships enter into or affect your land use decision- making. You should always be fair, independent, cordial, and respectful of those to whom you owe a duty: the applicant, your city, and most importantly, the public. 15 ~ Page ~~ , , t,~€ r ~=~~~k '`ski '.~' u, y~x i ~a: X~4 ~ J" E U ~ ~ L <: ,..:,; c~.;i' ~ J,rt,. ~ ; ^~ l>>.~. `+ ~~ ~~ Y ` .y -k,w~ ~.Sj ? sn'K ~. Kp ti,r ~. j~ r 2 .r _~e ~., t « .... - yj =L` .. ,; ~~ a ~~ ~• k f ~' , #~ t~ :~~. ... r 1 f ~~.' ( t~, +~ 3 1 C~~. 'i, _ ~1t '~ - r i L~~ ",. ;, ~~ _. ~ -., • 4. • ® ~, You cannot pick and choose, and you cannot be selective. Your legal obligation is to consider ALL the evidence and information offered as part of the ~r¢cord". That means reviewing ALL of the staff reports, ALL studies and analysis, ALL letters and memoranda, and listening to ALL of the testimony by ALL of the parties. Do not refuse to receive or review evidence while the record is still open. Ensure that you have reviewed and considered .all of the evidence before making a decision. BUT do not consider information after the record is closed, unless you re-notice and re- ~_' open the entire public hearing process. ,:. 5. z'r F This commandment contains two rules. t:irst, make a good, clear, and easily . transcribed electronic record of public meetings and public hearings. This is a legal requirement. Ensure that recording and transcription equipment ~` is up to date and in good working order, and that clear recordings are made. Hearings must conform to municipal procedures and state law. ~; Second, make a good administrative record of the reasons why a particular decision is made. Th¢ specific reasons or bases for the decision should be made on the record and should be c~EaR, oRCaN~zED, and -_ articulated ~N coN~uNCrioN with the standards of review and approval from you Municipal lode and /or State Law. All exhibits should be identified and referenced. All witnesses should identify themselves by name, address, and other identifying criteria. Evidence relied upon should be specifically identified in the decision. f:,~ R¢meber, that you are making the record that will go to court if the decision is challenged. No matter how good your legal counsel, this record cannot b¢"cleaned up" or corrected at a later date. .; ''-r~ .% ~~=~~-1 ~,. 6. '. 16 ~ Page ~~ .,;;~ `'i= r ~uw ,; {~.. ,~ ~ . - ~. sf °~ ';;~~ - ~. ~' 3 ~~ ~;: E ~ ". ._;1 ( - V :'. ,~+.7 t' ~ ~ rai ~, ~ ti "K.I. ~, . 3 C~ r r++ a~, ;r ~ r ~y 4 ,~ ~~~ Y~y ~ i R~ 4i~ £ ,~}j~~,~~yy,~ 13- ~ .ti *~i S ~ ~y.~ :l } f~~ .' G~ t 'F'l J '~' I~ ~~ ~~ ~- c a ' f f ~-.?.1~ ~ 4~` t i ~i ~ .y W 4H '} r ~ T j { T ,} ~ ~ ~ ~' y l ~ p~ C` t t 0 'Kg.,~F~.~' ~' t ~i E.~` ' ' ~ ,:~ :;2, ~. n„'~ t r Mt' r,, ~tr ....ten _ .,~ .. , ~cG~'nijci~~.~.i~' _ a ,~ Yr ~ i *1'I °: ia: µ~~~~ ~.,~ ~~",, ~.r_ ~~ r 4: ::a . ,,~~,~ '::~' • L J This is an easy oversight which will guarantee a judicial challenge to your decision. The purpose of findings of fact is to ensure that the decision- maker has dealt completely with all of the issues and so that the parties involved and a reviewing court may b¢ fully informed as to the bases of the decision when it is made. Findings of fact must be made on matters which establish the existence or nonexistence of determinative factual matters. The thinking process used by the decision-maker should be revealed by the findings of fact and convulsions of law. The law requires that for every quasiyudicial decision, written findings of fact and conclusions of law be prepared. Failure to make a written findings and conclusion in conjunction with a quasi judicial decision is arbitrary and capricious as a matter of law. 7. The law requires that there be sufficient evidence in the record to support your decision to grant, deny, or condition a land use application. Th¢ evidence must be competent, material and relevant to the issues before you. Statements of the positions of parties, summaries of the evidence presented, or general conclusions drawn from an indefinite, uncertain, und¢t¢rminativ¢ narration of general conditions and events are not adequate. Evidence based on inaccurate stereotypes or popular prejudices are .not adequate. Findings based on the assumption of future non- compliance of imposed conditions are also not adequate. Evidence cannot be speculative. Evidence to support a quasi judicial decision can b¢ in the form of studies, tests, surveys, reports, planning documents, correspondence, or testimony. 8~ T/~oashe//impose oe/y/awliri/condi~ioes Conditions must strictly follow the law authorizing the conditions. Ensure that every condition is: a. reasonable; b. clear and specific; c. has an essential nexus to the public health, safety or welfare; d. has a reasonable relationship between the proposed condition and the impact; ¢. is roughly proportional to the impact of the proposed land use action; f. and is capable of being accomplished. 17~Page ~~~ s ~ ~~i 'r` ~: x~ f ~ ~~ ~° 1~ ~~ ~~~ ~~ {~ ~ F ~ ~Z 3 a r F 7'nh 4~~ i '.' r.~a t: ~ G hr ~ y}~~~ ~ !~~Y t ' , ~ ~ ~S S~i+ ~ i +, - ,r F. ; s',~, Y ~pS ~a ~,~~y ~ z ~:MS %.: ~~.: 1 ~{'~' ~J +. ~ ' r ~~ a~ ~ +( kt J~ 1 ( ~1 1 ~• 4 ~ t ~ ~ ~~~~ ~ ?'3c ~ t ~ p ~^~ i ~ ~:~ ~ c ~;~ 1 ,,~ i~ _ ~.1n H.~yL 4% ~ ~+~ ~.L, t lY%v _ h~ ~,F.!~ C~ ~ ~ fi ~. .~ r, L v ~ ~..irg~i CR, r„~)i ~!~ ~+j"Y ; PX 5 i ~i s, w:.' ~ ~ 9. .~ ' ,: , Do not try to do everything yourself. Your role-your legal obligation- is to act as a thoughtful decision-maker. Your job is not to design, revise, or ~;~~ ~fin¢ tune" the applicant's project proposal. Your job is not to do independent investigation or analysis, or to meet with the applicant or other interested parties. Staff has specific responsibilities in the intake and " ~ processing of applications. Do no invade staff s role, or try to b¢ a °hands- on° decision maker. Staff has the spedaliz¢d expertise and knowledge to ~~r, review the applications and determine the mechanics of a development project and to make recommendations on appropriate mitigation Defer to . ~: staff on technical issues requiring their expertise and don't substitute your '~- own non-expert judgment on those issues. ,; ~t 1 A. 5,;~~ ~i ~~~~~ r }._`. 1:.j Remember, you ARE THE JUDGE in deciding quasiyudicial land use i r applications. Your obligation is to think like a judge, act like a judge, provide a process like a judge, and decide the land use application like a judge. Judges have an obligation to follow the law: so do you. The law f ~~~ requires a judge to be fair, impartial and unbiased: THE SAME REQUIRMENT Appues To you. Judges have an obligation to consider all the evidence -.3 T. ~ ` presented before making a decision: so Do you Judges have an obli ation , . g 5 to enter written findings of fact and conclusions of law to support their - decision: so Do you. Judges must rely on competent, substantial evidence to :~' support their decision; so MusT you. Judges have an obligation to ensure that a good competent record is made of proceedings so that a r¢ve'nNrng .. r{~, court can understand what happened at the hearing and understand the ~ `~ ~ reasons for the decision: so Do you. Above all else, b¢ a good judge. ~,, M:'~ ~': x., . ~- 18 ~ Page ' ~~; ~ ~`i y .~.~. _#~ ~~i" m ~r .x, ~, !'S:`, Yy` ~~~F t`+{;icy {: A ~`' ~ ''.~'.~ Y ~ k ' ,r ~ ~ ,~ r .~, x< •: k" ~ ~~'~ ` L, k ; ~ J it l Lr ?Zi ~~~' 3 ~: • ~~ f ~„ ~~. s ~~~~ ~ ~~' Steps to Build a Better Commission f~~J ~~ jay / 3 _ .. ....-.. "~ J .......a 'i L_~_ ' ~___. f:. i .~ -~4 1. Develop and adopt bylaws and procedures, and stick to them. 2. Prepare and maintain an adequate Comprehensive Plan, refer to it, and ~~`~~ make decisions that are consistent with its policies and implement them. °~_ 3. Annually review. what you are doing as a commission, how well you are doing it and how to do it better. 4. Outline a year's work on active planning and stick to it. Don't confuse '' ~ development permit processing (reactive planning or plan review) with `+~r` real planning. 5. Ask to participate in preparing the planning agency's budget. 6. Meet periodically with your City Council to exchange ideas and to assess ~;_.~ mutual objectives. 7. Consider a public forum every year or so. Ask the people (your clients") '~ ''~ how things are going and what they want done (if anything.) -~ ': 8. Tell your staff what you want, how you want material presented to you. `~ ~ Don't be a passive commission that waits for the staff to tell you what to ,~~ do next. .~~h: ~~'~"~ 9. Attend some courses on new planning techniques and expect your staff ` '' ;' to do the same. 10.Tour about as a commission to see what others are doing . Sometimes you will b¢ lifted up to find out how many light years ahead r ~ of your neighbors you really are, and sometimes you'll get some ideas ;', °~ f worth borrowing. 11. Lobby for good planning. If you don't, who will? _; '-~~-~- 12.Take time to orient new commissioners to the job. 19 ~ Page _i -, ~,.,, , ~~ ,, r,„~ ~r r ~~ ~~. =~ ~,,, .a ..~ . 4~4 r_~+ ~ fr-- `' 4 Nh; .~t '`~' x ~ rx t t r E > }r. ... _ ~~r .rt ='e << ~; << :ti ~,; ~? = ~. 1., ~~ if:. C r: t i. o; r~ ,, ,~ : *` <: ! • Recipe for a Successful Planning Program #1 Plans and Policies • Comprehensive Plan • Strategic Plan • CIP • Growth Management policies • Annexation policies #2 Implementation Tools •'• Zoning Subdivision regulations • Engineering standards • Development agreements • Design review • Economic development • Housing programs • Resource protection • Infrastructure investment #3 Systems •'• Procedures •;• • Budgeting •'• Tracking • Ma in pp g #4 People CITIZENRY PLANNING AND ZONING COMMISSION • Positive and meaningful involvement • Workhorse for the Council • Proactive not reactive • Reasoned and supportable recommendations • Advisory -not the politicians ELECTE D OFFICIALS STAFF • Provide leadership and direction • Technical expert, communicator, • Set priorities facilitator • Make decisions • Strategic thinker, problem solver • Communicate and facilitate • Support for the commission -accountable to the elected officials • Political astute -not olitical Mix Together and Work as a Team! ~~ Rfs 20 ~ Page 1 ~li ~ sis ~-.,. iC~Tl`i. i:._s:~`L.._... .. '~..~' ~.x '~'. ti-?,~n ~. 6 E ~~ ,, . ;~ Glossary of Frequently Us¢d Terms Com~r¢hensive A comprehensive plan is a document containing Plan policies that guide land use and development in the City. A Comprehensive Plan is sometimes referred to `~~ as a city's constitution or charter governing the direction of future land uses. ~ - In Idaho, the plan shall include fourteen components ` ` ~` with a statement of existing conditions, trends, - desirable goals and objectives for each component. ~'t Conditional (or Th¢s¢ are uses that are not permitted outright, but Special) uses may b¢ allowed 'rn a zoning district after certain. - conditions are met which are designed to safeguard ,' r surrounding neighboring property. , 24 i:rf ®ue Process Due process means all parties were: provided reasonable notice of proceedings, treated fairly and equally, provided access to records and to information used in the decision-making, provided a fair opportunity to be heard before a decision is made, and given a right to submit and challenge evidence. i;T pale c®ntact An Pat pane contact is any written or verbal communication initiated outside a regularly noticed public hearing between adecision-making official (Planning and Zoning Commissioner) and a party of interest in the action. Highest and Best This phrase is often used to express an assumed right ` ~ ~: ~: Use to obtain the maximum profit from using and . developing land. How¢v¢r, the term is better defined as the most appropriate use for a particular site in terms of services, location, surrounding land uses and other considerations in the public interest. Planning ~ regulations such as zoning limit the use of land, " allowing less than maximum profits to owners but minimizing costs to the community. There is no _;~ constitutional right to use land in order to maximize ~ profits. 21 ~ Page :f:.~,, ~, ~, ;_ ~ r ,~~~~ x u~ i ,t>' r ~.~~ S `r 3, `~ H1 4y;?i, L .~. ~py3 3 Y' S~. S, va ~: ~~'.. :4'~,.. ,. + h ~ -'(' Ydsr. _: rY - _Ya ~~~.~~'~ s,~ ~ ~. -~ i ~. _~;. Sr~Stw~ki ~ F+4 t.: k~.:.r_, _.. ,, r.d-.. ,. r~ N{..'dMLsh .: ~..f 3. ; ,,. "..~ .,. .. ~ r~ r ~iYr" n '~ :~a t ~ ; ~~: ,~{ ~ Yi; ~::~~+ k"4wc1 ~ a ~,. •)-: ~. L k [+_' d ..ty '' T {r, 5 ~ ~ S~-. 4 ~§~isr ~ . ~. Ikon-conforming lot A lot that existed prior to the adoption of a change in zoning. For example, lots become nonconforming because they are too small or too narrow under the requirements of the new zoning standards. They become lots of record under the new zoning and can b¢ built upon as long as the new requirements are met. A use or structure that existed prior to the change in ion-confo ing zoning that no longer allows the use or structure. use or stru re Usually, non-conforming uses or structures are allowed to continue, but are not allow to be expanded, substantially altered or replaced with another non-conforming use or structure. Public ~I¢aring A meeting of the commission held to obtain public input on a proposed action. Decisions are usually made at the time of the public hearing, or can b¢ made at a Eater time. Public hearings are required for most business that comes before the Commission. Quasi judicial Quasi judicial proceedings have two characteristics: (1) the action is required by state statue to include: a public hearing, a transcribable record, written findings, conclusion of law and decision; and (2) the action is on a speci~rc application or permit. Quasi judicial actions are distinguished from legislative decisions, which have broad application and affect multiple properties. Subdivision A tract of land divided into five (5) or more lots, parcels, or s'rt¢s for the purpose of sale or building development, whether immediate or future. ' 'Faring An action by government that results in the public acquisition of property or a severe decline in the value of the property. A taking typically results when land use regulations are so severe that they substantially or entirely eliminate a property owner's profit, -use, or enjoyment of his/her land. Variance ~ A waiver of the provisions of the zoning code when a strict application of the code would cause exceptional, practical difficulties or undue hardship to the property owner. Property standards in the code are adjusted because of the specific location, 22 ~ Page ~ `, y ~~ f~ ~ ~.~'~~- C~ t ~ ~.~~ ~} _ .. Y; ( :K ~ { ~ lh '~ `Y~~ ~~ ~ ~~; } _~ d c ~ 3 ~~. T+'h{14 emu. ~1 y~yl~~~f ~~ ~ t i?s_ C t ~ r-- ~`:: ~ Z .~_~ h ~. ~~r * ~ w• l 1 1.__. a~ Y.. _._. . 1 ` ~ • topography, shape, size, or other environmental features of a lot that make it impossible to compty with the zoning regulations. Zoning Zoning is an exercise of the City's police power to ~` protect public health, safety, and welfare of its residents. Through zoning the City is divided into districts (or zones) within which permitted and special uses are allowed. Zoning also includes regulations on lot size, building bulk and placement, density and other regulations. Site development or construcfron must b¢ consistent with the zoning before a building permit is issued. Zoning consists of a map of districts and the code that govern uses and development within each district. What is the relationship between the Compreh¢e~sive Plan and zoning3 - ; A comprehensive plan is an expression of the long- term city goals and policies that address a broad range of concerns. Zoning, subdivision and other development regulations involve the immediate regulation of the physical characteristics and use of '` land. Once a Comprehensive Plan is adopted, the ";< development regulations should be consistent with the guidelines in the Plan. f~ ,~ ~ , ~~ >. ; i "~ ~..~,; t ~ _.1~.. ~,~~~.~ I ";t I & j'1'> 7Yf } Y ~` i"L~t'l .' V _;.+_ + ~ti.~ r:__ t ~ }: H ~_ < ~ - '=~a'1i i _~~ j t t, . is I. f ~ ~K y; jyt~ J .~.. h ) r''L~ inn ? "S ~ ~,; ~ N. ~~'~ x t ~`~i ~ ~ ;r, z ?''.~~ ~~ _ , ,° . v :r,.. y~ .; ~r •. y7~'. ~~~; µ r +pi. ~. ;'~ >n :',' ~ ~~# ~1~ . ry~. ~it~IS `' ~F A.: tn' +, '. ~ ` ~ a R¢sources P ~~'4! ~, way 'gip .i s'~Tr:+.r~! .fir' ~5~~ ~~9 - - - ~ ~' . eba~~ . _ , ~. -_ - \ - ~ i - ~. i ~,~._.~ , _ ~ _ ~ NEc: ICI .1 mot[ -..,.._.._ ~ ~Ya ~ ~ J i __ _ _ _ ) ~ f ~ ~ ~~.-. r~ ,. ~- ~~~-, E >: ~:~ ~.,~f ~~ ~, b~~ ~' ~~ ~~''' '~' ~ 'S6i'~Y'~~, ~ ~~~~~ L1R~ ~ ~1~~ ~a~seG'~~i~a:~u~ ^ Association of Idaho Cities ~AIC~ ^ Am¢rican Planning Association ~APA~-www. p/anninq-.org ^ Idaho Planning Association ~IPA~ ^ Th¢ Commissior¢r NAPA quarterly ^ P/arming Commissior¢rs Joarea/-www.p/ann¢rsw¢b.com ^ Th¢ Job of ~/i¢ P/erring Commission¢r, Alb¢rt Solnit. ^ Th¢ P/erring Commissior¢rs Guid¢, David J.Allor ^ MasE¢riry-M¢¢EingMarag¢m¢nt, CD-Rom, Plann¢rs Book S¢rvic¢ 24 ~ Page ':r t f? ...3 .. ~ rH i- riz ~ ~ ~~~i F ~y }rt ,y .~• 4t ~~ •~. s ~ 4,e ,i'hl j;'i?jE l fib- ~ n )h~; vk. . ~... l ~ ~-,~; ta~- y,, F. u m J'.~{; ~5 ~: ~.l `, hr :'1~:, ~~' b ~A„- ~. c <;:' ;<~; ;~! _ . ~~ ;.~' C'"~~'" ~ ~ ' MERIDIAN PLANNING AND ZONING . ~'1 ~;~ REGULAR MEETING ~ ,,:~~r,ra ~ AGENDA ~' ^~>~,,,.`_~,~,.~4~b~:,~,r.~ '~9~ ~ City Council Chambers ~ ,.; . 33 East Idaho Avenue, Meridian, Idaho ~~ :~ Thursday, June 21, 2007 at 7:00 p.m. ~~~ "Although the City of Meridian no longer requires sworn testimony, ~, , ;~ ~~~ all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." ~-=; ~~.: ~:, °~+~ t> 1. Roll-call Attendance: ,, .. ~~~~~^ X Wendy Newton-Huckabay X Tom O'Brien _ X Steve Siddoway X David Moe =_ -L`-_ , E- _ X Michael Rohm -chairman ~,- ;:.Jl =~~~ . 2. Adoption of the Agenda: Approve as Amended =: 3. Consent Agenda: A. Approve Minutes of May 17, 2007 Planning & Zoning Commission ~ ~ Meeting: Approve _, ~: B. Findings of Fact and Conclusions of Law for Approval: CUP . ~"' ~ 07-011 Request for Conditional Use Permit for 12 multi-family ^^~ residential units on one acre in an R-15 zone for Strate ~,~<' ,, ; Apartments by Gene Strate - 911 East Pine: Approve - 4. Continued Public Hearing from May 17, 2007: AZ 07-006 Request for ~f `? Annexation and Zoning of 9469 acres from RUT to a C-G zone for ' Pinebridge -by Stanley Consultants -south of E. Fairview Avenue, east of ~~ ~~ ~ N. Locust Grove Road and west of N. Eagle Road: Continue Public '~- _. , Hearing to July 19, 2007 ~~ 5. Continued Public Hearing from May 17, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I-L and 'L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: Continue Public Hearing to July 19, 2007 ` Meridian Planning and Zoning Commission Meeting Agenda - June 21, 2007 Page 1 of 3 ~`_'` All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. .. i ~~ ~ . ~~ ~ ® • ~:, 6. Continued Public Hearing from May 17, 2007: PP 07-008 Request for ~~ ~ Preliminary Plat approval of 61 building lots and 21 common lots on 170 _. +/- acres in a proposed C-G zone for Pinebridge by Stanley Consultants ~'~ '~ -south of E. Fairview Avenue, east of N. Locust Grove Road and west of ~~.~: ~~ ° N. Eagle Road: Continue Public Hearing to July 19, 2007 '~ 7. Continued Public Hearing from June 7, 2007: CUP 07-009 Request for ~ ' ~' a Conditional Use Permit for a drive through window in a C-G zone within °s ~~~ ' 300' of a residential use and another drive through window for Louisiana =: ;~ '~ ~ Fried Chicken Drive thru by Kimball Properties/Vl/inston H. Moore - 2845 E. Overland Rd: Approve ~, ;~>.. ~... ~`~ '" 8. Continued Public Hearing from June 7, 2007: AZ 07-007 Request for ~ ~~' Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar @ '=' WaDOOt by LandPro Develooment. Inc. - 2400 West Waooot Drive: -~~ Continue Public Hearing to July 5, 2007 ' - 9. Public Hearing: PP 07-011 Request for Preliminary Plat approval for 18 ~`' >'~ commercial building lots on 18.5 acres in a C-G zone, for Paramount ~; ":;" Commercial Southwest by Ustick Marketplace, LLC -Northeast corner of North Linder Road and West McMillan Road: (Re-Noticed for July 5, ;: „~°<;.: 2007) Continue Public Hearing to July 5, 2007 "" 10. Public Hearing AZ 07-009: Request for Annexation and Zoning of 22.67acres from R1 to C-G Zone for Queenland Acres by James Prather - SEC of South Stoddard Road and West Overland Road: (Re-Noticed y for July19, 2007) Continue Public Hearing to July 19, 2007 F - , 11. Public Hearing: RZ 07-012 Request for Rezone of approximately 22.7 ~''` acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene - 150 West Maestra: (Re- Noticed for July 19, 2007) Continue Public Hearing to July 19, 2007 <; ,' . ., ;, 12. Public Hearing: AZ 07-010 Request for Annexation and Zoning of 6.67 I ~~; acres from an R1 zone to a C-G zone for Gardner-Ahlquist Gateway "~`~ `~' South by Ahlquist Development, LLC -SEC of Franklin and Eagle Roads: ~~ `~~~ (Re-Noticed for July 5, 2007) Continue Public Hearing to July 5, 2007 13. Public Hearing: PP 07-012 Request for Preliminary Plat approval of 6 lots on 6.67 acres in the proposed C-G zone for Gardner-Ahlquist Gateway South by Ahlquist Development, LLC -SEC of Franklin and =`~ Eagle Roads: (Re-Noticed for July 5, 2007) Continue Public Hearing to July 5, 2007 _ 14. Findings of Fact and Conclusions of Law for Approval: CUP 07-009 Request for a Conditional Use Permit for a drive through window in a C-G zone•within 300' of a residential use and another drive through window for Meridian Planning and Zoning Commission Meeting Agenda - June 21, 2007 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~:'~f_ '~ ~:: ~- ~.~ ~'~` ;`x ~~ ..,, _ I ,:; ~'. , xf ~: ~~'- i 4,'.I,~i fir: ~.3',:-, ~i ,' d ~'?: 1~ _.~:~ :i:i. ~i t,; K- ., sK,v (`.~. . S ; r r..: i~ • Louisiana Fried Chicken Drive thru by Kimball Properties/V1/inston H. Moore - 2845 E. Overland Rd: Approve 15. Discussion /Approval of Modifications to Planning Department Checklist Forms: Discussed /Approved ~. ~,_ . Meridian Planning and Zoning Commission Meeting Agenda - June 21, 2007 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~, s ~`t~i.i''t n ,, 7 1 e~ ~- x ~._~ ~ _ 3 J~~i1'S' ~~`~~E .R ~ . ~ , L d~ ~° 7J~~'4 :~ ' rt ~f ~ rp t~4 ~ ~~~ l ~'t ~' ^...- Y' ' "~~ 4'. ~,~,~ i(~. r' ~ ST UP' ~~ T ,~ ~4 a! f ~ r ' ,~ ., rte ~4 ~~pp~~ l 5 ~ J t~ C: i~ jC ~~ YI ~ ~`~'~ i ,~ ~y.3 1 , ~ yWt ~~P3~i'Iq t ~' '~` ~ `r r~ ~ '1 n'~~ ti ~i~~ ~I~~ ~~'§ ~ t 04 3.p%~`~~~ ~ ~.. '~' ~S y~~.~ ~`~~ y F w: ... J t `. -/~~ r..; i. ,. -: ~: ~. ; ~= ~';, ~~ :_ s'<` ~: ;: t~, E::- u 4 l'I r ,d~ CITY OF A~ '~~~~~ ~~~ tea, ~> IDAHO ~j y Fc p~E 6a~R ~ TRe,v-ime. V N~~ 18[13 MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, June 21, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Tom O'Brien ~ Wendy Newton-Huckabay David Moe ~_Steve Siddoway Michael Rohm -chairman 2. Adoption of the Agenda: :~~~{''®1~"•~ (,~$ ~~~'~ 3. Consent Agenda: A. Approve Minutes of May 17, 2007 Planning & Zoning Commission Meeting: ~ ~~~-® ~~ B. Findings of Fact and Conclusions of Law for Approval: CUP 07-011 Request for Conditional Use Permit for 12 multi-family residential units on one acre in an R-15 zone for Strate Apartments by Gene Strate - 911 East Pine: ~ ~~ 1,..~ ~~ 4. Continued Public Hearing from May 17, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: 5. Continued Public Hearing from May 17, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: ~u~~frv~ ~ I~~~araa"e ~I-e~i ~~ ~ ~l~y lR~ ~Q+O~ 6. Continued Public Hearing from May 17, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridge by Stanley Consultants Meridian Planning and Zoning Commission Meeting Agenda - June 21, 2007 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ,. ~, .y `r: Y fi'f ,~t{ yi"~ y ~ ,~ S f 1+y,~- iii FF°~~5~ ` ~I ~~~ .~ ~~f` N/,~~ e° ~._-~y ~ > X V` ,~ y H }ri 1 r ~,' ~ r 3i~~.~ } ~ ~ ~ ~' ~ ~~ 2 „ ti r is ~ r: de e ~ ~ I , t'. ++~~~ y~at l~}~~ ~~ ' t ~ ~ I ~~ 1 t F t e,_ t3~~. r~"r ~7r ;~ ~ynyry S.i, ~ ~ : ,. k f.7 ~~~•~ ~~i . ~~Ti~-K-~K f~N~~LYY',f ~ Jy ~ Yy1S` 11 1 ~.',: i ' ~ x ~ .~S +fY 'f~, r ~`~']4 -f ~~ ~ ~~~ ~ _ 1~ ~~ y ~ ~ ~ fC .}~ 1~ T{y ~ ^' ' Di~t~ 1 h r `~ a kk ~f~ WE f ~ l ~~~~r$ r~ ~ ~'A36'n. , ~~ _ i ,~ '~ #l F ~ # ~ Yj t ,~ ~J „~L:y ~ ~ + ~ ~~ ~ ~Y ~~~g s~ ~ , a ~ ~ , _ w -south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: 7. Continued Public Hearing from June 7, 2007: CUP 07-009 Request for a Conditional Use Permit for a drive through window in a C-G zone within 300' of a residential use and another drive through window for Louisiana Fried Chicken Drive thru by Kimball Properties/VUinston H. Moore - 2845 E. Overland Rd: ~ ~~~,,~ ~,~ 8. Continued Public Hearing from June 7, 2007: AZ 07-007 Request for Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar @ Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive: ®r2 ~ Ir- ~ ~ f~r~.1~L~'c l~e~' i dr, % t~ ~itil y ,f'~ ~Db ~ 9. Public Hearing: PP 07-011 Request for Preliminary Plat approval for 18 commercial building lots on 18.5 acres in a C-G zone, for Paramount Commercial Southwest by Ustick Marketplace, LLC -Northeast comer of Nort/h~ Linder Road and West McMillan Road: (Re-Noticed for July 5, 2007)C. ®~'-cn ~.~. ~P,t,~l~`G ~~G?.r'7~/l0, ~'j ~~c.~f~ ~ ~®l~ 10. Public Hearing AZ 07-009: Request for Annexation and Zoning of 22.67acres from R1 to C-G Zone for Queenland Acres by James Prather - SEC of South Stoddard Road and West Overland Road: (Re-Noticed for July 19, 2007) 11. Public Hearing: RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene - 150 West Maestra: (Re- Noticed for July 19, 2007) , 12. ublic Hearing: AZ 07-010 Request for Annexation and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner-Ahlquist Gateway South by Ahlquist Development, LLC -SEC of Franklin and Eagle Roads: (Re-Noticed for July 5, 2007) 13. Public Hearing: PP 07-012 Request for Prelimrnary Plat approval of 6 lots on 6.67 acres in the proposed C-G zone for Gardner-Ahlquist Gateway South by Ahlquist Development, LLC -SEC of Franklin and E/a~gle Roads: (Re-Noticed for July 5, 200 ) C ~ 1't ~-r` Y) 1~c.2_ ~Lc.-~ Lr C l~Gt-0'' i b~~o ~p o.TGc.O fJ- J~ ~®f~ ~ 14. Findings of Fact and Conclusions of Law for Approval: CUP 07-009 Request for a Conditional Use Permit for a drive through window in a C-G zone within 300' of a residential use and another drive through window for Louisiana Fried Chicken Drive thru by Kimball Properties/Winston H. Moore - 2845 E. Overland Rd: ~~°~°Y,av`e 15. Discussion /Approval of Modifications to Planning Department Checklist Forms: ~,'s ru s ~~° ~ ~fo~ro v~ Meridian Planning and Zoning Commission Meeting Agenda - June 21, 2007 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~;~.~_, ~~; , k~ ~y ~~ ~ ~ ~: ~_ ~ - ~.: °tT1' °F - ~ MERIDIAN PLANNING AND ZONING REGULAR MEETING ~ ~_%'1~t~Y1G~1l~17 ~~° IDAHO ~ AGENDA x ~ / hF ~' ~R ~T'~~~ ~` City Council Chambers ~~~: ~~~ 33 East Idaho Avenue, Meridian, Idaho ~,.~ ` Thursday, June 21, 2007 at 7:00 p.m. ~~~, ''` ~ `Although the City of Meridian no longer requires sworn testimony, all resentations before the Ma or and Ci Council are ex ected ~~ ,, P Y tY P to be truthful and honest to best of the ability of the presenter." ~: ~` =~ 1. Roll-call Attendance: ~:. s . ~'``~'~ Tom O'Brien Wendy Newton-Huckabay David Moe Steve Siddoway Michael Rohm -chairman 2. Adoption of the Agenda: ,. ~,Y ,. 3. Consent Agenda: A. Approve Minutes of May 17, 2007 Planning & Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 07-011 Request for Conditional Use Permit for 12 multi-family residential units on one acre in an R-15 zone for Strate `` Apartments by Gene Strate - 911 East Pine: :~ 4. Continued Public Hearing from May 17, 2007: AZ 07-006 Request for `` _ ~~ ~ Annexation and Zoning of 94.69 acres from RUT to a C-G zone for ~ Pinebridge by Stanley Consultants -south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: ~._ 5. Continued Public Hearing from May 17, 2007: RZ 07-010 Request for 45 a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for d: ' Pinebridge by Stanley Consultants -south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: 6. Continued Public Hearing from May 17, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridge by Stanley Consultants Meridian Planning and Zoning Commission Meeting Agenda - June 21, 2007 Page 1 of 2 t,,;- All materials presented at public meetings shall become property of the City of Meridian. ~~ \~ Anyone desiring accommodation for disabilities related to documents and/or hearing, s; please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ;.: , o-~ rs y 3 ... b+~ -`.~~y ~ r~l+. SCI r {. a ~ ~ F A r~ ~~ >=r , x~'^ r: - ~~[~.~,; 5~ ~t h t ~ •` ~ i ~~ ~~', ~~v~~ - ~4~`F 1f~ ~f'.al' i '~ j t y v - g a. t [ ~ ~'~. yg[F&&F r Z . - 1Fy s. ~r~,~, ~y~- ~,~ ~+C!~1 ° I ~ Y" **s~£~ l ~ . ~~ ~ at ,i ~~~ 5~ ~3 M~ y~Y~ ~'~~ ,~~ k~b ~~~`~ 4{. _ h ~ ,, i ~~tf~ t ~ rt w~.. ~el i ~~~~ tit.. !~ ~ .,~ n~iM~ _ 2` ~t -south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: 7. Continued Public Hearing from June 7, 2007: CUP 07-009 Request for a Conditional Use Permit for a drive through window in a C-G zone within 300' of a residential use and another drive through window for Louisiana Fried Chicken Drive thru by Kimball Properties/V1/inston H. Moore - 2845 ~_'r. E. Overland Rd: :.,,~ 8. Continued Public Hearing from June 7, 2007: AZ 07-007 Request for ': ,. ~ Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar @ Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive: °' 9. Public Hearing: PP 07-011 Request for Preliminary Plat approval for 18 commercial building lots on 18.5 acres in a C-G zone, for Paramount x~' h Commercial Southwest by Ustick Marketplace, LLC -Northeast comer "° of North Linder Road and West McMillan Road: (Re-Noticed for July 5, 2007) ~. ~F' 10. Public Hearing AZ 07-009: Request for Annexation and Zoning of ~~~ 22.67acres from R1 to C-G Zone for Queenland Acres by James Prather ~- -SEC of South Stoddard Road and West Overland Road: (Re-Noticed k~..:.. ~' ~ for July 19, 2007) ' ~ ' 11. Public Hearing: RZ 07-012 Request for Rezone of approximately 22.7 ~'~ acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene - 150 West Maestra: (Re- ~~ ~~~ Noticed for July 19, 2007) ~,: ~,-- ,:. 12. Public Hearing: AZ 07-010 Request for Annexation and Zoning of 6.67 °~`' `~' acres from an R1 zone to a C-G zone for Gardner-Ahlquist Gateway South by Ahlquist Development, LLC -SEC of Franklin and Eagle Roads: (Re-Noticed for July 5, 2007) r °"~ ~ 13. Public Hearing: PP 07-012 Request for Preliminary Plat approval of 6 ~ ,,: `~ _~`' lots on 6.67 acres in the proposed C-G zone for Gardner-Ahlquist Gateway South by Ahlquist Development, LLC -SEC of Franklin and `~ ~ Eagle Roads: (Re-Noticed for July 5, 2007) r-,- ~~ 14. Findings of Fact and Conclusions of Law for Approval: CUP 07-009 ~~ Request for a Conditional Use Permit for a drive through window in a C-G t ~,:~~ zone within 300' of a residential use and another drive through window for €,:`tirs''~ Louisiana Fried Chicken Drive thru by Kimball Properties/VUinston H. ""~~'~'~1 Moore - 2845 E. Overland Rd: ~~;; 15. Discussion /Approval of Modifications to Planning Department .. Checklist Forms: ' Meridian Planning and Zoning Commission Meeting Agenda - June 21, 2007 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. "~-~ Anyone desiring accommodation for disabilities related to documents and/or hearing, ;; ~~`; please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. _ " ~ ' r ~,~,,~t~;r4;lk~ ~~ ~ ~ ~. -:, .,- ?~~ ~ r~~fi ~~ {~ g~r~r ~~, ,~ ~' - r ~~~~~;~~ _ ,_;,~ °'~ A,hf ~N ,~z }~ } ~t I1.G ~..~, a ~ t ~~ ~ vim; / Yr v- n~"~~* ~~; ~ 1~ } Y i~ ~ Pti~ „~-~-~ ... S ~ t4 `~, ~ ~! <~ e"'s , ,' ,~~ t b ~'+~ ~r ar i~ 1 Y~- - ~'~ ~ ~ Broadcast Report `• Date/Time 06-18-2007 03:46:08 p.m. Transmit HeaderText City of Merldlan Idaho ' ''" ~~ ;~ ~~ Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Llne 2 i This document :Failed ~: `` '' (reduced sample and details below) ~; -~ ~, Document size : 8.5"x19 " ~; ~I~~ `~os~- ~~- ~~~~ N~~ ee- .tL.s I a ..,,,,~~ ~~`"" ~' MERIQIAN PLANNING AND ZONMiG ~..i'V(~I7l1~lGtYl Rrc~uLAR nel~eT!!~~ _ sa,uso AGENDA ;~ ~ City Councl! Chambers :~ 33 feast Idaho AvenuB, Maddian, Idaho ~;-, t. ` ~`. Thugday, dune 21, 2007 at 7:00 p.m. ~- ,... "° all °Altlrough fhe City of Meridian na longer requires sovvom testimony, al! presentations before the Mayor and City Council are expected to be truthful and honest to best of the abltity of tits prasenfer.' n`~, ,?~ 1, Roll-call Attendance: Tom O'Srfen Wendy Newton-[-tuckabay ` David Moe Stew Slddoway i4> ' Michael Rohm - chaim~an ~~ ~:~ - ~ Z Adoption of the Agmmnda: ~~, :. S. Consent Agenda: ~,. ~N; ; ,ti, ~'^ , A.A p p rove Mfnufes of iVtay 17, 2007 Planning & Zonir-g Commfsaion ~Fi ~ ~ .~ .. Itl16Clmg: J :~~ ``~' B. f?Indings of Fact and Gonclusions of t.aw for Approval: ClJP "` `' 07-011 Request for Conditlona{ Use Permit For 12 multi-fandlly `. ~ ` reafdeMial units on one acre to an R 15 zone for 8trate ` `' ~ Aparbrfents fry Gone Strafe - 911 East Pine: f ~:a: ~`'` " ' 4. Continued PuW#c Hearing from May 17, 2007: AZ 07.008 Request for ~ Annexatlon and Zoning of 94.89 acres from RUT to a C-G zone far ~ ' Plrsabridge by Stanley Consuitarrts - ~utl~ of E. FafMew Avenue, east of .. .. , N. Locust Grove Road and west of N. Eagle Road: 'r ,, S. Carttlnued Public Hearing from May 17, 2007: RZ 07-010 Request for :; a Rezone of 75.87 acres from i-L and L-O ~nea to a C-G zone far ~; >,., • .. Pinebrldge by Stanley Consultants -south of E. Fa(rvfew Avenue east of - °? , N. Locust Grove Road and west of N. Eagle Road: '=, 8. Continued Publ~ Hearing from Mlay 17, 2007: PP 07-008 Request for ~< ~ Preliminary Plat approval of 81 building lots and 21 common tots on 170 ~; .~ : - +/- acres in a proposed C-ti zone for Plnebrldge by Stanley Cansultarrts N~eIdian r~reu~ end zaare commiastw, ue~,a ggenda- dune at, 2ro7 f+age ~ of z Atl mate~lals prenerdatl ffi publd¢ ~eUr~ge shad hecane pwpersy of the Clay of MerttBan. ' Atryene desldn8 Ban t~ disab4~ea tetab;tl 6o daauns~ amVar hearing, } pisses aordact ~, C3y CIeAc's Oflks at 8884433 at t 48 hags prforte 8~e pubfk meeNig. .~~: ~! Total Pages Scanned : 2 Total Pages Confirmed : 34 No. lob Remote Station Start Time Duration Pages Line Mode Job Type Results 001 528 3810160 03:11:30 p.m.06-18-2007 00:00:00 012 1 G3 HS FA 002 528 8989551 03:11:30 p.m.06-18-2007 00:00:38 2/2 1 EC HS CP21600 003 528 8848723 03:11:30 p.m.06-18-2007 00:07:01 212 1 EC HS CP14400 004 528 8886854 03:11:30 p.m.06-18-2007 00:00:31 2/2 1 EC HS CP31200 005 528 8985501 03:11:30 p.m.06-18-2007 00:01:00 2/2 1 EC HS CP14400 006 528 8467366 03:11:30 p.m.06-18-2007 00:00:31 212 1 EC HS CP28800 007 528 8950390 03:11:30 p.m.06-18-2007 00:00:35 212 1 EC HS CP31200 i ~: .'i !.~ ~ r !+ r~ ~_ r J } y r J y f ~ l Y` i , 1{ r )~ ~'. .1~ I~ /~ ,t i ~ t 4 ~ ~ ~ r q . ' , - y t ~ ~~ a w { ~E• F Y `~~r ~ ', r Broadcast Report -z" Date/Time 06-18-2007 03:46:14p,m. TransmltHeaderText CltyofMerldlanldaho Local ID 1 2088884218 Local Name 1 Ltne 1 ` Local ID 2 Local Name 2 Llne 2 ~,. ` ~~;- 's .'; ~_' 3 ~, ~~,.. -.~;, No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 528 2088882682 03:11:30p.m.06-18-2007 00:00:30 212 1 EC HS CP33600 009 528 2083876393 03:11:30p.m.06-18-2007 OD:01:01 212 1 EC HS CP14400 010 528 2877909 03:11:30 p.m.06-18-2007 00:01:01 212 1 EC HS CP14400 011 528 2088885052 03:11:30 p.m.06-18-2007 00:00:31 212 1 Et HS CP31200 012 528 8881983 03:11:30 p.m.06-18-2007 00:00:35 2/2 1 EC HS CP24000 013 528 2083776449 03:11:30 p.m.06-18-2007 00:01:01 212 1 EC HS CP14400 014 528 4679562 03:11:30 p.m.06-18-2007 00:00:33 2!Z 1 EC HS CP26400 015 528 8886700 03:91:30 p.m.06-18-2007 00:00:00 0/2 1 -- HS FA 016 528 8884022 03:11:30 p.m.06-18-2007 00:09:57 2/2 1 EC HS CP14400 017 528 3886924 03:11:30 p.m.06-18-2007 00:00:31 212 1 EC HS CP28800 018 528 8841159 03:91:30 p.m.06-18-2007 00:00:32 212 1 EC HS CP28800 019 528 2088840744 03:11:30 p.m.06-18-2007 00:00:37 2/2 1 EC HS CP26400 Abbreviations: ' HS: Host send ;~ HR: Host receive ^;: ti WS: Waiting send ~~ +r . :: ~, ~,_, ~~.r. ,......, '. i; . f5 PL: Polled local MP: Mailbox print TU: Terminated by user PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 M5: Mailbox save FA: Fail RP: Report EC: Error Correct € ~ i ~'~ ~'"r~''v ~'-rA 8 ~ 2,, ~n v cj.. 1 ~ ~f.,~ t` 1~ ~ ~~'~'~ t~~ ~:s ~r~ ~I~'~ypr _.¢ »S r.4. ;Y ~ ~ z! ~ x-'cb a`~ ~5 1 ~.R. '... (~ieh4~`#~ ~'I'~~~~~5'i ti~^=r i' - ta~,e~ s~si u"le 'i `V -,,: - i, ' ~~ Fyy~n~7 ~ n }'icy 97.~!I 4 Y Ys'1 jl .`h~T ~~~ ~ r r ~ `~ '~~~~ T"•J Y, M$~~~,S~ 3 f~ ~~ ~ S Fig w t .~~~ i e~ ~b ~'~~ X;I ~ ''~ jk'G 4~P >T;~ L ~ h i A s, a ~~ ~~ ~ lea 'r ~.~;.~ ~ M ~ ~z~~, ,~ . y 1t ~i tk• t r "A ~~ alzt~ ~ ~~t,i ti r y 4 ~ N ~~ ~ , t'' F' `~ E ~: ~~- `~: ~; F~ i^ G ~-. ~; . ;:.- ~4, ;< F .-' a u:-. . y9 4. ;~! -.~ ~, ~~,_ ~ . ~'. y ~_ ~,` . ~ ~..2 ~., y ' -;,: {. -~' I _~;` . ~: ~ / ;i y.~F o ~ Meridian Planning and Zoning Meeting June 21, 2007 Meeting of the Meridian Planning and Zoning Commission of June 21, 2007, was called to order at 7:00 p.m. by Chairman Michael Rohm. Members Present: Michael Rohm, Tom O'Brien, David Moe, Steve Siddoway and Wendy Newton-Huckabay. Others Present: Ted Baird, Machelle Hill, Caleb Hood, Scott Steckline, Amanda Hess, Sonya Wafters, Bill Parsons, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Tom O'Brien X David Moe -Vice Chairman X Steve Siddoway X Michael Rohm -Chairman Rohm: All right. At this time I'd like to open the regularly scheduled meeting of the Planning and Zoning Commission and begin with the roll call of attendance. Item 2: Adoption of the Agenda: Rohm: Okay. Thank you. The next item on the agenda is the adoption of the agenda and there are a number of changes to that agenda tonight and before we adopt I think I will just go through those changes and we will go from there. Items 4, 5, and 6, all related to -- well, Pinebridge Development, it's been recommended from our staff that we continue this -- these items to the regularly scheduled meeting of July 19th, 2007, and we'll be doing so. Item No. 8 is Amar @ Wapoot Project. The applicant failed to post and we will be continuing that to the regularly scheduled meeting of July 5th, 2007. Item No. 9, Paramount Commercial Southwest, notice was not properly done and it will be continued to the regularly scheduled meeting of July 5th, 2007. Item No. 10, Queenland Acres, will also be continued to July 19th, 2007, due to improper posting. Item 11, Valley Shepherd on Meridian, notice was not properly done. This item will be continued to July 19th, 2007. And Items 12 and 13, Gardner-Ahlquist Gateway South was not properly done -- notice was not properly done and it will be continued to the regularly scheduled meeting of July 5th, 2007. Those changes to the agenda will be made and other than that the agenda will remain as stated. Could I get a motion to accept the balance of the agenda? Moe: So moved. Siddoway: Second. r< ~a ~,, FJ~."i 'D~ l':5 ,~ + N' a .. ~. 7 -t yr i ;'~iX rt t e ; t, ~~3-<' Y a~S~2 yip =: Li ,. u ~ p '' ]„ = 4 J ,t ~~; ~ ~. ~~';` ~~ .rc»_' ~. r ,., r~, G: 4~ !."~f~ , Meridian Planning & Zoning Commission June 21, 2007 Page 2 of 10 Rohm: It's been moved and seconded to accept the modified agenda. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve Minutes of May 17, 2007 Planning & Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 07-011 Request for Conditional Use Permit for 12 multi-family residential units on one acre in an R-15 zone for Strate Apartments by Gene Strate - 911 East Pine: ::~:;. ;:~; }~ ;,, r ~-';I c:, _ , ~~-~ , ~= '~-~;'_ t ~~~,, .- e ~~~ ~> ~. s. ,h Rohm: Item 3 on the agenda is the Consent Agenda and there are two items on this. The first item being the approval of the minutes from the regularly scheduled meeting of May 17th, 2007, and Item B being the Findings of Fact and Conclusions of Law for the approval of CUP 07-011 related to the Strate Apartments. Could I get a motion to -- first of all, is there any changes to the minutes of May 17th? Moe: I have none. Siddoway: I have none. Rohm: Okay. Could I get a motion to accept the Consent Agenda? Moe: So moved. Siddoway: Second. Rohm: It's been moved and seconded to accept the Consent Agenda. All those in favor say aye. Opposed same sign? Motion carved. MOTION CARRIED: ALL AYES. Item 4: Continued Public Hearing from May 17, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: Item 5: Continued Public Hearing from May 17, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for if4 ~,':i.. '1.u is k~~ ~ ~~}~^ 3 ~~ '.~"S r 7~ ~ c, }~~~n~a 'st>~. air i~ ~s fi ~ ~ ~4 ~~ ~~ y a ~ ~s ~ ~ ~~~~~ ~ .~ n 3 s ~ x`' ~'wa ire i ~ ~,kr ~+ r ,t ~ ~ ~~~~~~ PFic 65M;ta`3S~~f~lAR7R ~.+ rt ~Cai1 ~R"4i , ~A,f A~~ i' x 4~.- . .~~i5~ fyfv:: h ~ ~ C ~ 7 rd ~- ~I ~' , _ ;~ ~:, z` pi>.~- "' ~ ~ ~ ~. r b F !~. ~~ %~, ._ ~~ ,3 1:.~ ` ~ ~ e ~,#, . ~~~ 4 ~, { f F .y_. 5 ".~. ._.. ". ;. ~ ,~ ~~~" D y, ~1 . F,~1 p'~~ ~ t ~ 4'a?~ ,. , ~V'1.3k, Y N` ~ ~ z,4 , ~~ ~' ~S '; .. f T- ya e *; ~:~ ,' .::, , S~,S~ ~i t ,~ ~< , '':;; ~`~<%i • • Meridian Planning ~ Zoning Commission June 21, 2007 Page 3 of 10 Pinebridge by Stanley Consultants -south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: Item 6: Continued Public Hearing from May 17, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridge by Stanley Consultants - south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road: Rohm: Okay. At this time I'd like to open Items 4, 5 and 6, the continued Public Hearing from May 17th, 2007, of AZ 07-006, RZ 07-010, and PP 07-008, for the sole purpose of continuing to the regularly scheduled meeting of July 19th, 2007. Newton-Huckabay: So moved. Moe: Second. Rohm: It's been moved and seconded to continue Items 4, 5, and 6 to the regularly scheduled meeting of July 19th, 2007. All those in favor say aye. Opposed same sign? Motion carves. MOTION CARRIED: ALL AYES. Item 7: Continued Public Hearing from June 7, 2007: CUP 07-009 Request for a Conditional Use Permit for a drive through window in a C-G zone within 300' of a residential use and another drive through window for Louisiana Fried Chicken Drive Thru by Kimball Properties/V1/inston H. Moore - 2845 E. Overland Rd: Rohm: Okay. At this time I'd like to open the Public Hearing from -- continued from June 7, 2007, of CUP 07-009 and begin with the staff report. Wafters: Thank you, Chairman Rohm, Commissioners. The application before you is a Conditional Use Permit for Louisiana Fried Chicken for adrive-thru window. It's within 300 feet of another drive-thru facility and within 300 feet of residentially zoned property and residences. The property is right there. We've got residences in the county, zoned R-1 to the north, and you have commercial property surrounding it on the south, east, and west side. Here is a site plan. You guys saw this recently for Dickie's Barbecue. They also applied for adrive-thru window here on the west side of the building. This is Overland Road right here. The proposed drive-thru is on the south side. Right here. A copy of the landscape plan. If you will notice here, this is the -- where traffic comes around for the drive-thru on this one and, then, they make an exit here around the south side here. The drive-thru for Louisiana Fried Chicken will be right through here. So, ~ ~~~~~ i ~ ~-~ ~ f ';' ~ .a. r 1;: ~,,, y.. # , 1F ~~ ~ ~ } z G~ 4 ~ ! '1 h fr'~~;x r r... ` ~. d' "~r t _ ~~ y ~ ( r `~a ~~~ k ~' ~~~f. ~ I S~ ~ 1 ~~~~ fi. L ,, ~. 5.7r !L~~ t~1!14' _ it f,-1 ~ '' , 9 ~ ~"~ S I '1} ~ !V~ i ~ .~, ,~ ,.:»rk r w { _ ~C ~~ ~ ~ SY ~ i~~!~i '~~ k 7.YS~'„^' y~ r ~ , 7 °! ~ ~ ~~~ Y ~~ ~5~e ~ ~ E~ ,rr ~~. ~ .c ~~ x ~ nr~ .~'y ,,-Y. y ' ~d ~'~r'n~+t 1~ . v~, ~ ~: ~~~~i~ ti ~. ~t c ~. ~ ~ Meridian Planning & Zoning Commission June 21, 2007 Page 4 of 10 traffic flows fairly well on the site. And here is a copy of the elevations of the existing building on the site. That's all staff has, unless the Commission has questions. _,, Rohm: Any questions of staff? `` ~,~ Siddoway: Just one for clarification, Mr. Chairman. So, the south elevation is the one ' ~ that would include the new drive-thru? ~„;:. Wafters: Chairman Rohm, Commissioner Siddoway, Commissioners, yes. The southern elevation is where the drive-thru window is. t„ : . ~-`=!"° Siddoway: Thanks. ,,~ _` Rohm: Okay. Thank you very much. Before we -- well, is there anyone from the -- in y~z; the audience here to speak to this? ,~ . E Baird: Mr. Chair, I believe he just walked in, the applicant. `~' '`~ Rohm: Okay. Well, perfect. Would the applicant like to come forward, please. • Seal: Yes. I wish I could time this always this well. Jonathan Seal, W.H. Moore ' Company, 1940 Bonito. We have reviewed the staff report and we have no objections. ~~,' ~~.' We are in agreement and unless you have any questions I will sit down or stand up. -~ Rohm: Okay. Thank you very much. Any questions of the applicant? ~: O'Brien: Just one, please. The building's already in operation now? =- :~. Seal: Yes, it is. The building was constructed as the core and shell about 18 months ago. As was mentioned probably -- and, I'm sorry, I wasn't here earlier, but the drive-up `~ ` over there on your west side is in operation right now and, of course, the one for ~. ~ Louisiana Chicken, the only reason we need that is because of the proximity to the >~ other one. So, there is several tenants already in the building, which, obviously don't require adrive-up. 9r-...BFI.. - O'Brien: Which direction will they be -- the vehicles approaching the window? ` ' Seal: They will be coming -- they will be entering -- let's see. I have to -- they will be ~,'; _ entering this way, because the driver's side window will be on that side and coming out this way. ;' -~r ~ = O'Brien: Will there be an exit right out to Bonito Way? ~' :~;,' ~~: Seal: Yes, they will. Or they will be .coming down here. `y ~ Y h--i 3• t ~ 1 x{ ~.4 i2 Ziy s r 5x `k ;r v~ ~~ ~ ~~ ~3RTC E w~ ~k~F Y ~4~ ~ ~ _ a x ~~ ~: ~ .1~gd~R'?, ~ ~i1~ '~~v~ z:, ~?:~~r~. A ,, 71. ..I _~ k nk ~ Sk' ~. ~€` - v ~ ~ ~: ~,.~ ~ ," ~• - ~ ~~ l ~ ~~~J~ ~ ¢ v ~u t.~ a ~ #' ~r~ _ } i.F - ~ ti 1~: ~4t ~ ':" 4 5;~3~' U~ } y. ..1~, ~ S .~i ~t 7 X) `~St ~ d'~ ~ I rv.Ftr F~ p"{ ~ ~ , ~a ~(yb ~~~~~~$ 3~ S~>~~i~~ ~ •. ~ . ~, :.,r 'r~,,ti,' Y~ ~4~J d' ~'`~'^i- 1 ~ -t G, ~ ~~~ ~~ ~...~M tF ljit ~di~~ ~ ~~S m _; ~.r~ G ~ - - . rx st, ~- r~ ,S - 7 .atsd~- ~° :~~, 4,, ~i s .~ ® ~ ~~ `:' ~ Meridian Planning & Zoning Commission June 21, 2007 :, Page 5 of 10 n;, . ~`~ ` O'Brien: Oka Thank ou. Y• Y ~~= - Rohm: Any other questions of the applicant? Okay. Thank you. There is nobody that r ~ is signed up to testify to this application, but if there is anyone that would like to come ~~ forward now is that time and offer testimony. Thank you. Could we get a motion to .,., close the Public Hearing? ~~ :.-; Moe: So moved. _: ~`~ Newton-Huckabay: Second. ~~~ s , Rohm: It's been moved and seconded to close the Public Hearing on a continued ~r. ~.~ Public Hearing from June 7th, 2007, of CUP 07-009. All those in favor say aye. ~:~ Opposed same sign? Motion carried. M1 , MOTION CARRIED: ALL AYES. ~:. Rohm: Any discussion on this application before we request a motion to move this ` forward? ~..:,, r ~`'°~ Siddoway: Just one, the -- Mr. Chairman, the -- I just want to make sure that there has ~ ~~ ~ been enough analysis done of the circulation patterns that we are not going to -, ~ experience conflicts of the drive-thrus, similar to what we sometimes see at --the A&W - ~::,< KFC site comes to mind. But Iwould -- I guess I would just ask staff if they have looked at this and feel confident that those types of conflicts are not present. s" ~ Wafters: Chairman Rohm, Commissioner Siddoway, Commissioners, staff has looked •a at that. Like I mentioned earlier, traffic can come in here, if they are going to this a.,., southem most drive-thru they can drive around this side here and in here. These little lanes here provide for, you know, kind of escape routes, more or less or, you know, ,, _ driveways to the southem end of the site, so -- f' Siddoway: That's all. Thank you. ~_'. y +. ' Rohm: Good. Thank you. Any other discussion? Okay. _:;,. ~`--~ Moe: Mr. Chairman? ~~~: ~'~` ' ~ Rohm: Commissioner Moe. Moe: After considering all staff, applicant, and public testimony, I move to approve file ~'i number CUP 07-009 as presented in the staff report for the hearing date of June 21st, ;. ~: ~~ '~ . ~.. ~j;w ._, ~ ~: y 'pp :.i ~ i. t,. 'ydxlE ~ i,. zk. ~*~~~~ ~ ,: .. ~~ d~ ~., ~ y .i Syy.~ .. ~~ i. s ~ ~..*I •-0~ 7° a~~~jjia ~ .S`7 ~ 3~ ~ 5: = ... . h 5 ~ 4 ~ ~~~¢ ii a~ '2~ '~. ,r.. ,4': f 4 ~ ~i, `~ ~ ~~ ~r~ ~'~*ir t' • ~ ~ > ~ ~~•3 { ~-~, F~ ~ f ~8!2~. ~i ~ ~ 4 zv''~ ~ 1;~~ ~~~t~ _ ~1 5 z ~~f7.3r ~ Lg'~~.$~, . E i 5. ~ "'• e ~~:?ti, ,r~ ~~~ n 2 ?' r L ;1 ~ b F 9 ,3. h : ~~, .~ ~~ {~- ~' :~ ~ ~~ ,, , ~r' x! fr,%~ t. r •'~~$ ~~ ,'t~~i~. Y ,t ~ ~ !H , .~~ 1 ~, ~ ,c r ~..' ~J s+ • Meridian Planning & Zoning Commission June 21, 2007 z ~' , Page 6 of 10 2007, and ask staff to do -- direct staff to prepare Findings of Fact and Conclusions of '' } Law for approval. End of motion. 3..., ~ Newton-Huckabay: Second. 3+ k ~= Rohm: It's been moved and seconded to approve CUP 07-009, to include all staff report, with direction to prepare Findings of Fact and Conclusions of Law. All those in -`_~ ~` favor say aye. All opposed? Motion carried. is ' MOTION CARRIED: ALL AYES. >~~; Item 8: Continued Public Hearing from June 7, 2007: AZ 07-007 Request for ~;-~:. Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar @ ''" Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive: Rohm: Okay. Okay. At this time I'd like to open Item No. 8 on the agenda for the sole ;_,-.~ purposes of continuing to the regularly scheduled meeting of July 5th, 2007. This is ~ ~_o~~ Item No. 8, AZ 07-007. `4- Newton-Huckabay: So moved. Moe: Second. Rohm: It's been moved and seconded to continue Item AZ 07-007 to the regularly -~ scheduled meeting of July 5th, 2007. All those in favor say aye. Opposed same sign? Motion carved. riY:r; MOTION CARRIED: ALL AYES. ~~ . Item 9: Public Hearing: PP 07-011 Request for Preliminary Plat approval for 18 '~ commercial building lots on 18.5 acres in a C-G zone, for Paramount Commercial Southwest by Ustick Marketplace, LLC -Northeast comer of North Linder Road and West McMillan Road: (Re-Noticed for July 5, ~ ' ~" ' 2007) ,_ " Rohm: At this time I'd like to open Item No. 9, PP 07-001, for the purpose of continuing to the regularly scheduled meeting of July 5th, 2007. `~~ Moe: So moved. '~ ~~'`'"' ;~~: Newton-Hucka6av_ Second. ~~ - E, , f ~; ~; I ~~-~1 ~~ `.. tit I ~ ~,~ ~r..'~ ~a _ - [~ ~~ ~ ~,p~. "i ~ 'I ~ r ~~ ~ ' r ti '- ~ ~ '+W - x+71{~ ~~5 ~'~~ 4 S ~~~4t.fi~~• S. i1'<v:; 1i a 4?I ~~~ 4' ~~ 't ES~if. x far 1. 's"~ ~ 4r~2 tl ' °~ ;~~; ' ~ ~~ 2;s~''~~, ~~~~ ~~: ~ .?~ ~ Y ~ ii'' j~ ,:.1, ' .~ 1 ~f'.~i . ~-. V _ -,~ ~: ! ,~ r ~ ~ 3 ~i ' .~ y4.d,i~~ '~~. ,y4 ~ V ~ } ,:C ~~ 1 rtr°~,t ~F _ K~~P fi ~~z 4'S Ifs .a r' ~~~~~'~ ~ ~~~~~ N ~ I'`~;5~~ 1, I gg 4 p ! -~ ~ ~ Meridian Planning & Zoning Commission "' June 21, 2007 Page 7 of 10 Rohm: It's been moved and seconded to continue Item No. 9, PP 07-011, to the regularly scheduled meeting of July 5th, 2007. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. r `. Item 10: Public Hearing AZ 07-009: Request for Annexation and Zoning of 22.67acres from R1 to C-G Zone for Queenland Acres by James Prather - SEC of South Stoddard Road and West Overland Road: (Re-Noticed for July 19, 2007) Rohm: At this time I'd like to open Item No. 10, AZ 07-009, for the sole purpose of continuing to the regularly scheduled meeting of July 19th, 2007. ,1 ~ O'Brien: So moved. Moe: Second. .~ `~ ,,~ { ~;;; ' 6; ~:~~ , ~_: a. s= ;r:z ;' ~: Rohm: It's been moved and seconded to continue Item No. 10, AZ 07-009 to the regularly scheduled meeting of July 19th, 2007. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene - 150 West Maestra: (Re- Noticed for July 19, 2007) Rohm: At this time I'd like to open Item No. 11, RZ 07-012, related to the Valley Shepherd on Meridian, for the sole purpose of continuing this item to the regularly scheduled meeting of July 19th, 2007. Newton-Huckabay: So moved. Siddoway: So moved. Moe: Second. Rohm: It's been moved and seconded to continue Item No. 11, RZ 07-012 to the regularly scheduled meeting of July 19th, 2007. All those in favor say aye. Opposed the same sign. Motion carved. MOTION CARRIED: ALL AYES. f ~ ~• "~ ~'~ a iy~~~-3+I57 ~ ~,~ x~ n '~'i~v~~ ,~ ~ ~~ , , i ~~~k ~~ rl` ` , ~ ~Y~ ~ f ~ r{ _~ ., x ~.zr .~~ gym, k. - "'~l c < ~, - Y +~$~'~~C ~ ~~4 E~ ,~3.~ ~,lf ~t ~ f. f ~~x'1~{"~' ~ 1' J~+ 'E ~~,3 s Y i e ,• ] 4 ~ 'YX j ~ 1'r~ ,~~ 16 _, y~S3~ ~~~ 1` ,u ~ ~~ k ~~~~ M C'~) P 1 hti.~ ~~. T .:i; ~ U i ~ ~ f r, ~ ~ ~s ff µ'~ti~ Y . S ~rx~r'tF ti .~Jt~~~~~f ~ ='t .. ~t Si,rr ~g dr .:a}~. ~ Y~ ~ $ rY F',ii ' ~. i ~ n'`d~k~~b. z3 ~ t. 5 ` a ~ ~~ ~ r ~~ .:. ~I ri', ~. ^~.~ .r t . i 'i ` 5 _ l krr s 3'?. 3' ~ ~~ ~ ~ ~ f .*~ ~~ y~ x 'TM ~~ ~4' ~ {~ ~~ t ~~h + ~ E I ~ ,~. ""~ ' ~`~~ '~- ~I , r ~, Meridian Planning & Zoning Commission June 21, 2007 Page 8 of 10 ,, ? Item 12: Public Hearing: AZ 07-010 Request for Annexation and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner-Ahlquist Gateway ~~. South by Ahlquist Development, LLC -SEC of Franklin and Eagle Roads: (Re-Noticed for July 5, 2007) Item 13: Public Hearing: PP 07-012 Request for Preliminary Plat approval of 6 lots on 6.67 acres in the proposed C-G zone for Gardner-Ahlquist ~! Gateway South by Ahlquist Development, LLC -SEC of Franklin and '~' Eagle Roads: (Re-Noticed for July 5, 2007) ~,, !~ . ;" , ,`~;°:` ~. ,=€~a' ;: ~:; ; >< ~. -~-, :, . :; ;.; A , 1 , Rohm: At this time I'd like to open items number 12 and 13, AZ 07-010 and PP 07-012, both items related to the Gardner-Ahlquist Gateway South, for the sole purpose of continuing these items to the regularly scheduled meeting of July 5th, 2007. Moe: So moved. Siddoway: Second. Rohm: It's been moved and seconded to continue Items 12 and 13 to the regularly scheduled meeting of July 5th, 2007. All those in favor say aye. Opposed the same sign? Motion carved. MOTION CARRIED: ALL AYES. Item 14: Findings of Fact and Conclusions of Law for Approval: CUP 07-009 Request for a Conditional Use Permit for a drive through window in a C-G zone within 300' of a residential use and another drive through window for Louisiana Fried Chicken Drive thru by Kimball Properties/Winston H. Moore - 2845 E. Overland Rd: Rohm: Okay. At this time I'd like to open Item No. 14, Findings of Fact and Conclusions of Law, for CUP 07-009. Hood: Mr. Chair, that's actually not a Public Hearing item. It's the Findings. In anticipation of the only Public Hearing item you actually heard this evening being approved, Sonya has magically already prepared those Findings and if you have had a chance to review them, there were no changes, as you may recall, so she's got the written Findings there for your approval tonight, but it isn't a Public Hearing, so you don't need to open it up. Rohm: Okay. { _ ~ ,,t ~ ~+~~€K o-~ fir' '; a w ,,v ~t ~ ~~" ~y y F. ~k , u i~, ~ ~~k ~ ~'r 5l~c ,'~ Ma lya'~,i~ ~. si A,, ~(j 1-f'~-S ~y P kl''fi' S~ ~1'1`'~' t 1 't ~. _ H '. Zl ~ ~ +~ivi ~ I ~r~ .y ~ t ~ ~ a ~ ~~ ~~~~~ 'R ~~~ =:~- ~w t~ ; jg~ r33 r ~s ~ s _ _ '~`~ ~-' ~3't~'i' > .~~` . ~. ,~ ~u~ {~~~a~~~ .,`: i i ~~d i ~~ * ~ 1 ~ s~~ is ~ } t • ~;:o~` ` Meridian Planning 8 Zoning Commission ~~ ; June 21, 2007 ~' '"', Page 9 of 10 (~4 :.: ~~ '~'' ~ Hood: It's just if you have any questions about how she's prepared those Findings. But it is your written decision before you made it, so -- and you may recall we did that about F ` ' six months ago, we tried doing that and there were just too many changes to those and ~' ~ ~ we thought it easiest now to take them two weeks later for your radification of your ~~-:~~'-" decision, but this one, due to the noticing error a couple weeks ago, we tried to get them ~''` back on the same time frame they would have been on had the noticing error not sr ~' occurred. So, that's why it's on your agenda. ~:. Rohm: Fair enough. Thanks very much. Is there any discussion to this item before we ,` move forward with it? Everybody's comfortable with -- ~; Moe: Good job. ~~ =. F.~.~ .., Rohm: Very good. Newton-Huckabay: I just want to know how she did it. :<; Rohm: She is magical, like Caleb said. `~ Newton-Huckabay: Illusion. ~_ :, ~ Rohm: Okay. Then, at this time I'd entertain a motion to accept the Findings of Fact r and Conclusions of Law for CUP 07-009. Moe: So moved. ff ': ~ Siddoway: Second. ~ti.: "~~ Rohm: It's been moved and seconded to accept the Findings of Fact and Conclusions ::: of Law for CUP 07-009. All those in favor say aye. Opposed same sign? Motion ~..;-,~ ~~~o~ MOTION CARRIED: ALL AYES. Item 15: Discussion /Approval of Modifications to Planning Department 4 ~ Checklist Forms: ` ~ Rohm: Okay. We are now to the last item on our agenda and that is discussion, ~::. approval of modification of the Planning Department Checklist Form. Caleb, I'll tum that E over to you. ~.. Hood: Thank you, Mr. Chairman, Members of the Commission. Just really quickly, just "' ~'`= some housekeeping type stuff on checklists. You know, our checklists in our application ";,f;~ forms are revolving. I did attach in your notes for this evening's meeting just the memo ~;. ~ ~i i "F o-~ a ~~ i~~~'I~~$~ _ R.~ Fjr- ' ~ - ~ '~ ~~~ .e•f ~t kE; T~F ~. ~~ ~ a ,~:' FF k y ~Y}J Nrti ~~(. [f °' ( ~ i n' .,Wj ~` Ili ~y ~~~ ~~I~ fi " 4~.ysKi 4'~~'SFf~'~~" q ~. y ~~~~ ~~:. ~ ~~ 5 zY~~' ~~4 ~4.'R k~;'' a ?~ f .~ i -t s: 4~ L k, ` r Y~~ ~y ~f take` a to- u ; ~ s~ca +~~ 55l~ n Meridian Planning ~ Zoning Commission June 21, 2007 Page 10 of 10 a;°, . '. ~E r l~ ..~-~ ,n -'~ i a .,. , {.~° is -'- that I sent out, essentially, the staff report detailing those changes. I'm not going to run through them. Most of them were just -- again, we were either getting information that we didn't need with the application or there was some information we did need that we weren't requiring at the time. So, really, again, just clean-up things in our checklist for our development applications and our code does require that any substantive changes come back to the Commission. Most of these are not, but we just wanted to let you know that we are changing them and go on the record as changing those documents. So, with that I will stand for any questions you may have about the changes we are asking you to approve tonight. Rohm: Any questions of staff? Newton-Huckabay: I have none. Rohm: I think you did a good job, Caleb. Thank you. Moe: Stand up great job. Rohm: Absolutely. Could I get one more motion? Moe: I move we adjourn. Siddoway: Second. Rohm: It's been moved and seconded that we adjourn. All those in favor say say. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:26 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED: • MICHA L E. ROH -CHAIRMAN ~I Q~ DATE APPROVED\\p1A`\IIIIIIIII/la//~O~s, :~' ,~"~ ~ _ ~~~ >~~' ,l. ~ ~. rr r, J- ~ ~ „ ATTESTED• r - _ ~ `~ WILLIAM G. BERG JR., ClTIIyCL~R '~~~~ ~:, .~ Y, ~z ~ A-~ ~_~ ,~, y v J//pIf PII BE Vc41VVq ,fir R.. ~' `-~I~lt is ~' - ...,. ,.. ~. ,.. n .,~,, ~ ~ly ~~ i° s ,;` Sri ~ t - ~1 ~a>r ~t11 4. a_ fr' ~~ ..~;? i'~ gip . , ~ „ t •i4e _~~ .' ~r>•f yy ~2~,;~ ' r fFn k '4 F ~' 1 1 4 1 ~ . I f ~~4- _ y is ~~ ~'~ z j r2o !~ d ~; i .;., r ~~~ ~' . . 1. ~~ g as; `'~ t sz ~~!'~ '`~%'~ N " :jai .,_ ;: ~:' .T~~ `:~" '!'! ,~< ~;~': z ., , r....-_.:. ~:. 1 ~. ~~~4 ;; ,r: "~`ti ; t, =,;: ~~~ F _ ~~ ~, "~~= ~. >~, -<; ~;, ;; • June 18, 2007 MERIDIAN PLANNING 8~ ZONING MEETING June 21, 2007 APPLICANT ITEM NO. 3-A REQUEST Approve Minutes of May 17, 2007 Planning & Zoning Commission Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY - -' ' J CITY POLICE DEPT: ~ S~ CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: ` NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: - OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~i,; ,;::. s • June 18, 2007 CUP 07-011 MERIDIAN PLANNING & ZONING MEETING June 21, 2007 APPLICANT Gene Strate ITEM NO. 3-B REQUEST Findings of Fact & Conclusions of Law for Approval -Conditional Use Permit for 12multi-family residential units on one acre in an R-15 zone for Strate Apartments - 91 1 East Pine AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: ~~j~,~aS CITY FIRE DEPT: /j~~~ 1~ c~ `' CITY BUILDING DEPT: , I ' CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. itUy:-,. ~u,, 1 ;~ `. ., ,, ~;~ i- r.. i '~ ~;,:. x ~~,~ ,;, i ~ ~_ .; II b: > :;,;; ;.. ~... ~;~ ._~- ~~ ; .; s~ .~," j•: ~... ~~;;-.;; ti: r~:. ~. ~I: _I ~~:` ,.;. r; ,, 51 ~,i~, t F~ • REC~Y\rELD JUN ~ ~ ~80~ City ~~ieridian. ~ f~-~ n~~ 1-~ ,~ ~. CCi.ty Clerk CITY OF MERIDIAN _ i~' ~ ~, t«.~~c~ ~' FINDINGS OF FACT CONCLUSIONS OF ~'~~' ~ ~., ~. ~~ LAW AND ~¢F _ ~` ~:~ ~. „~~ DECISION & ORDER ~`ti~'~.z~w":~~ '"'~~`~' ~~~~~ In the Matter of the Request for Conditional Use Permit Approval to construct 12 multi- family residential dwelling units on 1 acre in an R-15 District, by Gene Strate Case No(s). CUP-07-011 For the Planning & Zoning Commission Hearing Date of: June 7, 2007 (Findings on the June 21, 2007 agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 7, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 7, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 7, 2007, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-011 STRATE APARTMENTS _ ~ ~ .fix, r• z ~, M .s`~_ r s~~n~n ~ 5,~ l ~ ~'~ _~ ~ r J f +~r- .~.Y~{nt, 1 t J, f ; ~ M~ ,~ 0 ~ ~ i ti ~ 3 ~ _ ~ J1 t,j~i ~ ,~ . . r~R;r w b as ~" kw- § ~6~ `. ' ~ r, M ~/+LY~ Y ink S y .: ,y S~'t 1~~~ (g<'.n..1~C. ~ fa~~+3~r +a Ik ~~ ~ F~ u' ~~ r l.. `Y~ [ ,. +~.?. -:~ . ~ ~ h (: ~. ~ Y l "' r) I L~~~ ~ y .,. A r {.. k' ~ #:g t- a '. 9 i ~. ~~ V ~ • • 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 Chair of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. _~ "' 7. That this approval is subject to the Site Plan, Landscape Plan, Elevations, and Conditions K :_, of Approval, all in the attached Staff Report for the hearing date of June 7, 2007, 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 h i hi h t f F d n ere are w c ac ings o Code § 11-SA and based upon the above and foregoing Fin adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated May 29, 2007 is hereby conditionally approved; t~=-~ 2. The applicant's CUP Landscape Plan as evidenced by having submitted the Landscape Plan dated May 29, 2007 is hereby conditionally approved; 3. The applicant's CUP Elevations as evidenced by having submitted the Elevations are °~~ hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 7, 2007, incorporated by reference. ";, ;,~ j D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration ,;{ Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. ~'s During this time, the applicant shall commence the use as permitted in accord with the ','':I conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or . , the that also re uire lattin is .For conditional use ertm g, he ound structures on or In t gr p q P final plat must be recorded within this eighteen (18) month period. For projects with ~~ multi le hases the ei teen 18 month deadline shall a ply to the first phase. In the p P ~ ~ ( ) P ~.~~> {' event that the development is made in successive contiguous segments or multiple j phases, such phases shall be constructed within successive intervals of one (1) year .' ~-~ from the original date of approval. If the successive phases are not submitted within the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-011 STRATE APARTMENTS ---r---- E 1' R y, '~~Y~t``1 ~ a~x ~ ti~ C ~~ t ~ j T y, i~y ~,aa+ ~ y~ky§[` _ k Z fti s ~;'- l Y E.!' '~ 4 ~~Y 4~ 'h ~ 4 ~ wT r ryl r' ~ : ~~ ~,'. +}w 1 a , ~; S ' ~ -F d .~ !. ,'~. ~ ~,~ }y .i 4 _ ~ y ~ 66CC f _. «`~" I ~ s ~ t ~. ~' ,4 ~ ;. M,~fi r ~:;~..~ r is#~ io- x A~xs~'~ ~~ '~ ~It 3 ~ .L i . ~ ~ ~ ~~' i ~ ,v ~x~~ r+ ~ , s ;, . s ~ ,~~~~~s. ~~~ ~ `~~~ s„ ,,. M ~;~. - ~ ~ ~ ' one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe 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 plat or 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 maybe filed. y~,~'. af'.4 `,. _;,,, ~:: r~, " ., ~i ' ~ _..• -,,~, _~~;w . ~.~ r ..t:,` 9 fit- f I k~' '} ''_;'.' F I:, y- 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval 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 June 7, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-011 STRATE APARTMENTS tYw ~ 'J.. 1d ,tl3~~~ ..~~., , ~ 5~:r }~ C 4 ~~ ~4 ,~~ z ~, ~ ; { , Iti ii r ;,a I~ i- ;'f e:'C. ~,.:. ~~~. ;~N . V::, s~ ~ ~~4 .. a, ,_,~, ~ ]Y S ~ I' d:. • • <. G. By action of the Planning and Zoning Commission at its regular meeting held on the °": ` ~ day of , 2007. 4`' ~~+. . COMMISSIONER MICHAEL ROHM VOTED (Chair) ;; COMMISSIONER DAVID MOE VOTED >, ~ ~ '. `` "' COMMISSIONER WENDY NEWTON-HUCKABAY VOTED ~Fs~ t5" COMMISSIONER TOM O'BRIEN VOTED ~ ~' ~ : ;:. °,. ~::~, COMMISSIONER STEVE SIDDOWAY VOTED ~ ~ CHA~IA~1V Ml~ffAEL ROHM ~,,,. ~ ~ Attest: .°°°° O~ °`'% ": °°°° ,~°~ 0 °°i v ~: ~ - e ~'~ Tara Green, Deputy City?Cler ~~~`~ ~ ~~ ~ ~~~~ ~ ~ ~ `e s ~ ~ ® ~~ ~ ~, Copy served upon Applicant°,~e'~l ~ g~~ent, Public Works Department and City }~:. . ~~ Attorney. ~3~ ~ ~` B r L~'I~ ~ Dated: ~~ ~~ ©~ ,;,~ y: ~~1/l~ ,, s: ~. - ,~ ~ City Clerk ~; . E>:: - {~• i f~~ ~> :. . s:, :, ,. ie; ,, ~,~'.: 5:-,cr` ~--~ ,.; s~ ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER a ~ CASE NO(S). CUP-07-011 STRATE APARTMENTS '' ,(~a. ".; ~, ~~pp{ .~ _ ! E~zf ~ 3 ~ 11 y ';. S 1 stir: rt A~ ..~ ~ ~,a '~'> ~ '`~ ffF+ ~ ` ~ 7,- xw ~ 7 :~t Xi[~ jf,~ * - d~ ~~ ~ ~ .J+,r - - i, r[ ~~ +c ysr;~ ~ ~ ~z ~ •.:~, cJ 7e> x~, is ~ ~. a ~~ 'Yr~:. *l~a _, s y ,~ a 2 } h x~..i t i 's1 s L r, r~ ~ ~ rte` ~~, ~~5; F~~~ "~': ~~~~~' 1 h'~ ~ ~a r F?;r r ~y ~ ~ ~ ~3.. rc j .e wily `..'~ ° - 1P , ~ i ~r~ :r ., I ~ Z ~ ~' .. a c "' ~n ~: ~., ~ f a''''~ ,.. ~,~ ;: ~~a '.~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 4 .. r t ~ I ^~. " ~"~~ ~[i ~r .; STAFF REPORT Hearing Date: June 7~`, 2007 ~«."F ~~~~~~,:,1~..~.. "` ~ Continued from May 17~', 2007 ~,..~,~, a,, ' !. 1L7,~Hd.r 1~ ~ ' ~ TO: Planning & Zoning Commission ,,~ ~ ¢ ~° FROM: C. Caleb Hood, Current Planning Manager `-r~ ~~, ,~-- 208-884-5533 ~: y~R '.' y SUBJECT: Strate Apartments CUP-07-011- Conditional Use Permit to construct 12 multi-family residential - dwelling units on 1 acre in an R-15 District 5}~ s`:~. PS-07-004 -Private Street a royal within the ro osed multi-famil ~~~,„ ; PP P P Y ,,; ; development i ~~ r:. g. ..,: ~?::,~ t'. ". ,:. ; s>,;'~ ~" ` E•/ ~:. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Gene Strate, has applied for Conditional Use Permit (CUP) approval and Private Street (PS) approval to construct 12 multi-family dwelling units and a private street on one acre in the existing R-15 zoning district. The site is located on the south side of Pine Street, approximately 1,600 feet west of Locust Grove Road. This site is a portion of Lot 6, Onwiler Subdivision which was recorded in 1934. Currently, there is asingle-family home on this site. The subject property is within the Urban Service Planning Area and within the corporate boundaries of the City of Meridian (zoned R-15). 2. SUNIlVIARY RECOMMENDATION Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Conditional Use Permit application. The Planning & Zoning Commission is the fmal decision making body on a Conditional Use Permit request and Planning Staff is the decision making body on a Private Street request (UDC 11-SA-2D). Staff is recommending approval of the proposed Strate Apartments (CUP-07-011 and PS-07-004) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard this item on Mav 17 and June 7.2007. At the June 7a'. 2007 public hearine, the Commission moved to approve CUP-07-011 (and PS-07-004). a. Summary of Commission Public Hearin: i. In favor: Brian Hauff (Applicant's Architect) ii. In opposition: None iii. Commenting: Paul McKague (concerned about height of the building iv. Written testimony: Paul and Shirley McKa ague v. Staff presenting application: Caleb Hood vi. Other staff commentin og n application: None b. Kev Issues of Discussion by Commission: i. Fencing; ii. Private street stub to the west; iii. Height of the structures. c. Kev Council Chances to Commission Recommendation: i. Required 4-foot tall vinyl fencing on the west side of the pro~crty (exclusive of the private stub street location). 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-07-011 (PS-07-004 optional) as presented in staff report for the hearing date of June 7, 2007 with the following modifications: (Add any proposed modifications.) Strate Apartments CUP-07-011 PAGE1 r- 3:.' 'F ~L f ~ L a Lr~~.J.~~cw~ `~ Y~,ti:Y~~ ";a'f fi~ F ~ ~;,~ ~ K ~ 7.,= l f-S~r` } i "..5` ~ ! ~II ~. '' `~ , ~ f y iy ~~ ~~.~a; ~ ~r ~.; ;; ~~~~ ~ .r. ~Y~~ f~~> t: e x c~- yt,~Tk~4~ ~T. ~~T t~ '~ t w 1 ~~ Lea ;~t~y~~ ~ ~~ ~ ~~ ~ ". < i fx,~ x t 4 ~~ ~~~ ~~- ~~ .,.~. _ , a~ . ~ • ~~,~~=: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 F= , i. ~~~; ' Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-07-011 (PS- 07-004 optional) as presented during the hearing on June 7, 2007 for the following reasons: (You must +?, state specific reasons for denial and what the applicant could do to gain your approval in the future.) r- ~~~' ~ Continuance ~' ~' I move to continue File Number CUP-07-011 to the hearing date of (insert continued hearing date here) << : for the following reason(s): (You should state specific reason(s) for continuance.) #~ 4. APPLICATION AND PROPERTY FACTS ~` : ~ ; ~ ' a. Site Address/Location: 911 E. Pine Street; South side of Pine Street, west of Locust Grove e ''~~`, Road, in Section 7, Township 3 North, Range 1 East. ``.'j b. Owner/Applicant: ..~. . Gene Strate 825 E. Pine Street ;~ t Meridian, ID 83642 c. Representative: Brian Hauff, Hauff & Associates Architects, LLC "- ;-1 i ~'"%~ I d. Present Zoning: R-15 (Medium High-Density Residential) l ;; i e. Present Comprehensive Plan Designation: Mixed Use -Community ,~~; ~'~ i j f. Description of Applicant's Request: The applicant has applied for Conditional Use Permit '' approval to construct 12 multi-family dwelling units on 1 acre in the R-15 (Medium High- °~ ~ ~ Density Residential) zoning district. There are four building types proposed (A, B, G and H). All are two unit buildings. Eight of the units are proposed with one bedroom (between 915 and 1016 square feet each) and four are proposed with three bedrooms (1,450 square feet each). ~` Three of the building types (A, B and G) are two-story and one of the one-bedroom buildings rv : i. r ,, ;` ;', (Ii) is one-story tall. The gross density of this development is 12 dwelling units per acre. ;,:~I Approximately 10.7% of the site is being set aside for open space (0.11 acres). 1. Date of site plan (attached in Exhibit A): 5/29/07 ' 2. Date of landscape plan (attached in Exhibit A): 5/29/07 a :,;, NOTE: Revised plans have been submitted since the original application was filed The t ~ staff repopt is based on the revised plans (site plan, landscape plan and elevations.) ' to 5. PROCESS FACTS ~: ~ a. The subject application will in fact constitute a conditional use as determined by City 4 ~~ :a Ordinance. By reason of the provisions of the Unified Development Code Title 11 l '' "~" ~" ~ Chapter 5, a public hearing is required before the City Council on this matter. v ~ b. The subject application will in fact constitute a private street as determined by City Ordinance. ~ ,;: ,r' c. Newspaper notifications published on: Apri130 and May 14, 2007 ' ~'~ z1i d. Radius notices mailed to properties within 300 feet on: Apri120, 2007 ,~°' e. Applicant posted notice on site by: May 28, 2007 ~ ~ , >; . 6. LAND USE °~, ~:'~ a. Existing Land Use(s): There is an existing dwelling and associated outbuildings on this site. ' Strate Apartments CUP-07-011 PAGE 2 t 4:~ t'' ~ (;!~ Lfi ti - ; 1 ~• 4 ' r~ ~M yp ~hCl~[ - ,y4/~ t 'rc +' N 1~1 ' k 'L4ii .tt ~ft "1~~.~ N ' Y l .. ~ ~~r y I` '-, S. ~P ~ ~.+ ~n° t"' ~"' 8 ~~? ~ ror. - ~. ~, ~ ~x.2 - r,` ~L ~,~t ~ ~A~ v~ ti ,4 ~ ~t.t' 7 ,~~ ~~. is t4 7:x „ _ ; r~ r2' gy`p'}.y a {..~ - 1T f r i~ r ° h ~ ~ ~ ~ " ` ~ 1 ~ S`w. v t ~4ti { 'Sid •~~~ r ~ ° °t , ~ tea„ I ri ' ~ ~ 4 '~ ~~~' 14 r ~ ~.:'~'~ rt i~,~~ ~~~. ~ ~_ ~ ~ Y .: F ~ ~' { e f a~ ~ ~~~~'~ i ~ ~ ~ - Vii:' .I~ ° xkT "~`~ ~i1r ~ jfia i ~ .t~F I ~..._ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 b. Description of Character of Surrounding Area: Across Pine Avenue is a large vacant ~: ~~,:~ piece of property zoned L-O. To the east and west are single-family homes in the County. To the south is a vacant piece of ground and further to the south and west is an industrial business. ~' ~ c. Adjacent Land Use and Zoning 1. North: Vacant, zoned L-O 2. West: Single-family dwellings, zoned Rl (Ada County) 3. South: Vacant, zoned Rl (Ada County) 4. East: Single-family dwellings, zoned Rl (Ada County) d. History of Previous Actions: Annexed in1999 with R-15 zoning; Development Agreement #99067737. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer is located in the property to the west. Location of water: There is a ten inch water main in E.Pine Street. Issues or concerns: Flood plain associated with Fivemile Creek. i ,,~ `$;, ~.~ ~,~;~~ P-: ~' { T -~• E~=.>;:} 2. Floodplain: Portions of this property are within the Fivemile Creek floodplain. 3. Canals/Ditches Irrigation: There is a ditch on the west side of this site. All open ditches that cross the subject site should be tiled in accordance with the UDC and the Development Agreement in effect for this site. 4. Hazards: see Floodplain above. 5. Proposed and Existing Zoning: change in zoning is proposed. 6. Size of Property: 1 acre This property is currently zoned R-15; no f. Landscaping: 1. Width of street buffer(s): A 25-foot wide street buffer is required along Pine Street, an arterial street ([JDC 11-2A-7). The original site and landscape plans did not depict the required street buffer along Pine Street. The revised plans depict the required buffer along Pine Street. Please see Section 10 of the Staff Report below for further analysis. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 10.7% (0.1 acres) of the site is being set aside for open space. Please see Section 10 of the Staff Report for more details on private and common open space. g. Amenities: For multi-family developments with less than 20 units, two amenities shall be provided, with 1 from two separate categories (Quality of Life, Open Space, and Recreation)(UDC 11-4-3.27D-2a). Please see Section 10 of the Staff Report for more details on required amenities. h. Off-Street Parking: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to have atwo-car covered carport or garage for each unit, and dwellings with 1 Strate Apartments CUP-07-011 PAGE3 iFS t ,,: ,~5. Yrt t{'z la 1 ~, `~.. f~} ,fra ~~1 a . ~;'' ~;! { i` r r ~1, y.i, ~~ ~S ~ ~. ~ t ~~ sr' ~ ~ Ir i'% ~. . _` 1 . p , ~ ~ ~ I~ ~ ~: ~ ~~ f 7 ".: ' - ' ~•.:- , :a : ~; - ~. l In n i ~ ;:., ~~-~ :~~~ <~, • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 -'` bedroom to have 2 car parks, with at least 1 being in a covered carport or garage. The submitted site plan proposes 1-car garages for the one bedroom units and 2-car garages for the 3 bedroom units. Staff is supportive of the proposed parking. Please see Section 10 of the Staff Report below for more analysis regarding parking. €; . ?•'~~ i. Conditional Use Information: 4 :`' 1. Non-residential square footage: NA 2. Proposed building height: 24 feet; R-15 zone allows 40 feet F> " 3. Percentage of site devoted to building coverage: approximately 30% g:.:±; 4. Percentage of site devoted to landscaping: approximately 25% ~~ ':~ 5. Percentage of site devoted to paving: approximately 45% .;-. 6. Percentage of site devoted to other uses: 0% =<~~ z~;;< 7. Number of Residential units: 12 j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The ~ ~ ~ applicant is proposing to construct a private street into this development from Pine Street. This ;, <;, , '~ " private street access is proposed with a fire department turnaround and cross access to the ~' ' property to the west. ACRD has reviewed and approved the proposed private street location. :,;':~ Please see Exhibit B for ACHD's comments and conditions regarding this development. 7. AGENCY COMMENTS MEETING On Apri127, 2007, staff held an agency comments meeting. The agencies and departments _ present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, Meridian Parks Department and the Sanitary Services Company. Staff has included ~~ '' `` all comments and recommended actions as Conditions of Approval in Exhibit B. ~T~?~: 8. COMPREHENSIVE PLAN POLICIES AND GOALS ~~~ The subject site is designated `Mixed Use -Community' on the Meridian Comprehensive Plan Future Land Use Map. Mixed Use -Community (MU-C) areas are anticipated to provide for a ~~-~~ ' combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or ~- ` ~ y situated in highly visible or transitioning areas of the city where innovative and flexible design ,, ' ~ opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility (Chapter VII, Pg. 102, Meridian Comprehensive Plan). ~~ ' Further, the Comprehensive Plan anticipates between 3 and 15 dwelling units per acre in the MU- ° ~'u C areas. The applicant is proposing 12 dwellings on the subject acre. ~~ ~ ` Staff believes that the location of this proposed medium-high density development is supported by the Comprehensive Plan. Staff fords that there are several Comprehensive Plan policies that support the proposed project. Staff fords the following Comprehensive Plan policies to be "~ : applicable to this property and apply to the proposed development (staff analysis in italics below ~ ,:.. , policy): .; ~-s~~`~' • Require that development projects have planned for the provision of all public services. P"~:~~ (Chapter VII, Goal III, Objective A, Action 1) ~~_= L '~~ ~. . .;: ;r~ Strate Apartments CUP-07-011 PAGE 4 H{ .,, ,i a~,~J, '~ '~~,~~ i - ~ y f ~~~ Y , .~ .~ ~ ,'ce- t n ~'y~i rt, M ~ •~ ~ f~~ ~~ <~ ~ , ~ ~, y ~ ':r'YY. - .. f ~ `~ ~~~' ~~~ l ~ ~" Ty ti r ~` ~~ ~ ~ ~ r~ia~ i - y41 -r r ,~ `k~~~N ~ ~ t 3 } ,,e~sf Il ~~s W f ~~ ~r , y '. ~~ '~ ~~ -Z ~.~t + iRl ~~ - ,iii :ca..i: ~y.. ak 't y5.+a l'~Q'.;~7 ~ y t yk+,~, In 1 k r ~tr 4 ^k ~~~ ~ a ~ Fri¢~M d y,4 `G4 ~ ~ Y !~ ', ( f ~~ K ~u • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 7, 2007 r. ' When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the E<'.', following manner: • The subject lands currently lie within the jurisdiction of the Meridian City Fire ~, Department. This service will not change. • The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). This service will not change. ¢{ .; • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This ~~.:-a; service will not change. • The subject lands are currently serviced by the Meridian Library District. This ~`;.~ service will not change and the Meridian Library District should suffer no '` ': revenue loss as a result of the subject rezone. ''"' Municipal, fee-supported, services will be provided by the Meridian Building Department, ~~'''` the Meridian Public Works Department, the Meridian Water Department, the Meridian ~'• Wastewater Department, the Meridian Planning Department, Meridian Utility Billing ~~ ` ' Services, and Sanitary Services Company. ;, • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on `;:' collectors and arterial streets. ;~~ . ~.,.';' ~ Pine Street is classed as an arterial roadway in this area. The proposed access point to ~;~. Pine Street should comply with ACI-ID's standards and be limited to one location. ~` • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from ' ~, incompatible land use development on adjacent parcels. f.., ;,'` This site is surrounded by single family homes on large, County parcels. Staff believes that the proposed development should be compatible with the existing land uses. NOTE: Mr. & ~r ~``> Mrs. Paul W McKague, 933 E. Pine, submitted a letter stating that they have concerns ~'"'' ~ regarding the height of the buildings proposed on this site. f, '~ 'v.: r": ~' ~. ~:.,. ~_ . ~.` ~~~ _,. ~. ~... - ~*.~~:< ;..;' Y. %1 e, ,li~{ .-_. ..i • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). By ordinance, a 25 foot wide landscape buffer, located outside of the right-of-way is required adjacent to Pine Street. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject application generally complies with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Strate Apartments CUP-07-011 PAGES 1~ t ~ k~. Ch~ r r~~t ~ .~ ~,~ 11:1 j r ? ~~'., ~~ ~ A ,' ~~+',~ li. .~ ~. ~ F ~ ~ A ~, r ~ ~; ~ 3~ ~s ,:a c: s;~. ~ - 1, '~ ~, ^' ,. ~'. a ~' ~ *~ ~_+tt~ ' ~ ~ Y ~ +Y 5fi b v ~'n ~5T1:'r}. , ~- ~ i ~ ~~ u a:"i~~' .~~ ~ ~ ~ - 1 JF-~ ~ ~. ~ ~~~~. I~ ~ ~ ~~ ~~x !`+ yr `~.~~ ~' r u a. s .,; ~~1 ~ r +' '°,~~ r ~~ ~, ~ t "s r , 7r, ; ~-~ F x r. .n, t ~~ ~ ~ i~~ h~ d ! I _ 4~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 7, 2007 .___ The properties surrounding this site have not developed in the City. Therefore, there are currently no stub streets or driveways to this property from adjacent properties. However, the applicant is proposing to provide cross access to the property to the west. Staff believes that this proposal will allow interconnectivity with the undeveloped parcels in the vicinity, helping connectivity and future traj~c flows. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to extend the sidewalk on the west side of the private street to the ` -' southern and western property lines. This proposal should enhance pedestrian connectivity amongst neighborhoods in the area. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. € :'I 6~, ';~ vy;:-_ :. ;..; i.: x,. s>~: ~~ F:~ ti 4: ~" A" '~£ .. ~~ :`;'•' Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNI)H'IED DEVELOPMENT CODE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists multi-family development uses as conditional uses in the R-15 zoning district. b. Purpose Statement of Zone: MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R-15): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the multifamily developments, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11-4-3.27B): A minimum of 80 square feet of private, usable open space shall be provided for each unit. Strate Apartments CUP-07-011 PAGE6 ,; r;~, ~~ r ~ ~~,` ~ 3 w~ Ha ,c k~~~~~~ y r ~Y£ .3 i r r~,,y. - ~ ~ ~,, - n~...} ~{ ~~~ . h~,.~tiY 4~, ^y,t. ~. ~ ~a ~~{ ~~,~ k 'fir ~ ~ k~4l: ~ n~ a ~~ ` S n t ': N~ t ~ ~ :. 1i4 ~~~ S '` ~+~ ~ s .~~` ., , A ~ . t~~ =,.r ~ `~, $J~~~ Yy, ~ yd{ ~ Y S ~1" ~ ~ Cf ~ - ee L(~ ~Jt ~ f ~. 1 t ~ i~.~ ~ r L~r~~~ I!h s ~a i `!. . ~-', t 'k ~ t f '. ~k iu~ '~ ~ ,.y , f ~~ lE. .ti~_ i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count towazd this requirement. For the purposes of this Section, vehiculaz circulation azeas, pazking azeas, and private useable open space shall not be considered common open space. The pazking shall meet the requirements set forth in Chapter 3 of this Title. Common open space design requirements (iJDC 11-4-3.27C): i; ,~ ~, ,, ,:.;. -. s Y <.~ .~'`.~ :,'° ~' a~ ~~ . ~.; ~, ~: . ~~~ ~~~~~ <,~:A. >!~3`, ,~~,;, ~~ '.~ A minimum area of outdoor common open space shall be provided as follows: a) 150 squaze feet for each unit containing 500 or less square feet of living azea; b) 250 squaze feet for each unit containing more than 500 squaze feet and up to 1,200 squaze feet of living area; and c) 350 squaze feet for each unit containing more than 1,200 squaze feet of living azea. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (LJDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with up to 20 units, 2 amenities shall be provided from different categories. Architectural Character (UDC 11-4-3.27.E): All building elevations shall have a minimum portion of the elevation devoted to azchitectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 squaze feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through azchitectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent azchitectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the aze encouraged. Strate Apartments CUP-07-011 PAGE 7 ~~ r ~~.i'1~~i~S L S, d orb'' t y~C y ''rr i ~iyr }1 r~~ 1'~~ ~'~~d ~t a I ~ ~~^ 3 .: p'~ ` " ~ ".: ~~ {-~, t is~S .., r ! ~ ~" :'s ~~~ dl .( s i~ ~~ (,~ia;{Yy 3 5.... .. ~ `. L ,~ , . 141 ~„A4' ~~~. t a "~ ~T; `i Y° l ~. .l~. ~3 ~ 5 'i / •~ I i` ~~ ;~ ~. yy~ ~i)° t ~~, ?fwi .p . ;' ` k I, v' ~~ ,1. ~h 5 i s, '-~~ ' -, ~~ 1 r: ,~ i. ~` ray. - ~: ~:., , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 t ,: Windows are required to allow views to exterior activity areas or vistas. Windows shall be r;_ .;;! provided on any building facing any common area used for children's recreation. >t All roof and wall-mounted mechanical, electrical, communications, and service equipment ~ `' should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. f;?=~ Landscaping (iTDC 11-4-3.27.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. S ', ~~ ~~~ All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a ' ~ - minimum mature height of twenty-four inches shall be planted; and groundcover plants shall ~~ ~ ; be planted in the remainder of the landscapes area. ,r. '~ Maintenance and Ownership Responsibilities (UDC 11-4-3.27.G): ' All multifamily developments shall record legally binding documents that state the 4`°- ~ maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development ' features. i :::~ : ri ,~ s~ ;` j: ~i;1`~~ ~'f < 3~. ,. . .'J 10. ANALYSIS Analysis Leading to Staff Recommendation Based on the policies and goals contained in the Comprehensive Plan, staff believes that this is a good location for a higher density development. As submitted, the subject site plan does not comply with the Unified Development Code and the Comprehensive Plan. However, there are some modifications to the site plan and the landscape plan that will bring the project into compliance. In each section below, staff has listed the items that should be amended. CUP Application: Existing Development Agreement: There is a Development Agreement (DA) in effect for this property. In 1999, Walter and Alice Culver requested annexation to the City. In July of 1999 a DA was recorded and the subject property was annexed into the city with an R- 15 zoning district designation. Some of the provisions in the subject DA include: a requirement to the any existing irrigation/drainage ditches crossing the property (provision 5.1.1); a requirement to obtain CUP approval for any development (5.1.3); a requirement to dedicate 35-feet of right-of--way from the centerline of Pine (5.1.4); and a restriction on driveway locations (5.1.7 & 5.1.8). Pine Street Right-of-WayBuffer/Sidewalk: The applicant is depicting a 35-foot wide right-of--way for Pine Street. Even though Pine is a designated arterial street, the ACRD is only requiring a 35-foot wide right-of--way, with the sidewalk being located outside of the right-of--way. The applicant should be required to preserve 35-feet of right-of--way Strate Apartments CUP-07-011 PAGE 8 ~:,~ ,., `gym h~ 4~~ :X y J ~Tl~ir_~~ ~ - pf 4 Z~ ~^, ,~ ~' M r ~ i N 2 ._ ~ .~ 4 s1~ ~ is .mF l .ry ~ - ,Y ~ ~ Sir 7 ... _ M!~i17'!i ~ ~ f'Y 1. * f `~-, µ, r ~: ~ roc t~`~ = ~" 5y~ "E~.S b ~ .A,g~.~~',~i` ~~~~ rr~ e ~: ~• A~ Y ~ ~.`~`r° y 'Yl F~ i Y } ~ ~; `~ L~ >X~ ~ ~3 1 ~ ~ /} ~Y ~~ } ~~~ ~ i~ "~~r 'f, r i~; ~: ~' ,\ay ~~''N'h" e i=~i~ s ~ _ _ '' r 'ti r, a P "' ` CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 `4i_,y ~•. ~~' and construct a 25-foot wide landscape buffer, located outside of the right-of--way, with a 5-foot wide sidewalk located within the 25-foot wide buffer. Private Street: Addressing: Most of the units within the development are set back from the public street ~' ~' a significant distance. These units may be difficult for emergency services, delivery r,..- services and the general public to find. Due to this situation, the Fire Department and ~ ;; Planning Staff recommend that the applicant submit a private street application to the Planning Department for the proposed asphalt drive/private street access off of Pine Avenue. The applicant has submitted a private street application. Access: The applicant is proposing to construct one private street access to Pine Avenue. Staff is supportive of the proposed private street, provided the applicant complies with -~ the following: • Construct the private street in compliance with UDC 11-3F-4; 6~ ` • Construct the travel lane to be a minimum of 24-feet wide; • Construct a 5-foot wide sidewalk on one side (west and north) of each leg of the ~: ~ private street, as proposed; `~ `~ • Provide a Fire Department approved turnaround; • Post the private street "No Parking"; ~` : _'' • Gates or other obstacles shall not be allowed; • Obtain approval from the Ada County street name committee for a private street E: _ name; ~~ ~` • Prior to issuance of a building permit, provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof; ,;:. ~' ~` • Prior to issuance of a building permit, create a perpetual ingress/egress easement for the private street to all 12 units and the parcel to the west (Parcel i !~~~ #R6576001129); r :~ ~ • Abandon any other vehicular access to this site from Pine Street. ;~;: `' i i Yt.'. ~. °: t~ ~: _° k' R•: ;~~.; k, f ` Landscaping: The landscape plan prepared by Breckon Land Design, on 5-29-07, labeled Sheets Ll.l and L1.2, is approved. The following modifications/notes should be made to the plan: • Provide a 25-foot wide landscape buffer along Pine Street that is located outside of the required ACRD right-of--way. The landscape buffer along Pine Street shall be designed in accordance with UDC 11-3B-7 and contain a 5-foot wide public sidewalk. • Unless otherwise approved by the Meridian Public Works Department, trees are not allowed within the existing sewer easement on the west side of the site. • Provide landscaping along all private street facing foundations. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty- four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped azea. • Depict a concrete sidewalk from the west side of the private street to the south property line, adjacent to the amenity azea (and as shown on the site plan). Strate Aparhnents CUP-07-011 PAGE 9 ,~ ~ „~ "`n. ~~ ~'~ ~~ ~S- e 7 r u~~. s o ~ r ~w ~' f~ YN~ ~'.' 3 1 ~ ~ ~~~ ~i ~~ r ~, i ~ '~~; t ~K r f`.+ -:y 'tk.,t'l.y Yl` ~~~ : ~~ z {~ ~ ~'~ . ~' ~ ~ ~_~ S ~ ' ~- ~ y r <` ~,, ~, ^ ~~ ~t- .~., T` 4 - ~ n ~ 'r ~~~ ~t 4 ~ k,'F, yt. ~( t .~~a ,x 1'" s +~ ~ ~' V Y ~~•t`t}~~• _ ~~ ~ wy m MhZu '~~` . ~L k~ t Y fo-~~ ' ~~^ ~ ~I i . F l:t~ ~ r L ~ ~ I, C1~1 1 Cµ~ 4t-~ ~1 h .I,J s^rJt~ ,} ~i fi~Z 4~r.r4..t.Fl 5 ~ "' k2~~-*~i~4'~~,, r "~-~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. Multi-family Standards: The UDC has several specific standards that apply to multi- family developments (See UDC Section 9c above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the most important standards that the applicant should be required to comply with: Site Design: The applicant has submitted a site plan, prepared by Hauff & Associates Architects, LLC, labeled sheet Al.l, dated May 29, 2007. UDC 11-4-3-27B requires buildings to provide a (perimeter) setback of at least ten feet unless a greater setback is otherwise required. The applicant is showing a 12 foot rear (south) setback, a 10 foot side (east) and 20 foot side (west) setback, and will be required to provide a m;n;mum 25 foot front (north) setback to the Pine Street right-of--way. All other internal setbacks between buildings shall be in accordance with the adopted Building Code in effect at the time of permit submittal; internal setbacks are not required by the UDC for multi- family developments. Open Space: Open space is defined as an area substantially open to the sky that may be on the same property with a structure. The areas may include, along with the natural environment features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures of habitation (LJDC 11-1A). UDC 11-4- 3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. By Ordinance, 2,700 square feet of outdoor common open space is required for this development. The applicant states that 0.1 acres (approximately 4,400 square feet) of the site is being set aside for common open space. Based on the square footage of the proposed units, the applicant has complied with the open space requirement. ~; k~'i ... d~ Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The applicant is proposing to construct a patio area on the rear of the proposed units. Each patio Strate Apartments CUP-07-011 PAGE 10 ~ ~: >z ~'~~~ ~'" ~~ ~ ~ ~~t t~. , ,• { ~ ~~,, ,~ ~,..r L''. .,i y~~ y. s ~ ~x ~. ~~! ' 2 ~~?~~ h t ~'~F + - t~ ~ ~~~ rr "._ vy~Ya 4f tS r r - }L'F~~"f~+~" It s ~ i` ~~k~ ~ w o-., ~ '~~~°~t54' b ~' .~ ~_. ~ y.µ .- ~pp7ialbit %,~"'~ ~ ~ qty.':, 1 t r ~: t ir~~,i ~~~F i~ ,~k~'. ~ yl`.ie. ~ ~', ks..l `f-;~' Ix r +X ~»•, t '3*M~ ~1 ~ ~. ~ ; '~ ~ ~:,. ti p f .~ tgtz ~~t~,~ t ~ 9i b''{--~ i ~. x : ` ~. i k ~. ~', ~ _ ~ ' 1c'`~--~ `h hf.t ~ j ,! ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF JUNE 7, 2007 ~' ~ contains approximately 80 square feet. Staff is supportive of the proposed private useable open space provided for each unit. k°- Y:x":: Parking: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to have atwo-car covered carport or garage for each unit, and dwellings with 1 bedroom ~~ ~ , ~ to have 2 car parks, with at least 1 being in a covered carport or garage. The submitted ., : '~ ' ' site plan proposes 1-car garages for the one bedroom units and 2-car garages for the 3 r .. bedroom units. Additionally, there are driveways in front of all of the garages for L ; additional visitor/resident parking. This is important as no parking will be allowed on ~' ~'~' ~; the private street. Staff is supportive of the proposed parking for this development. ~'~ : Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with less than 20 units, two amenities ? are required, with 1 from different categories (Quality of Life, Open Space, and , `' > ~ Recreation)(UDC 11-4-3.27D-2d). The applicant is providing open space, a walking path/loop connecting the sidewalk on Pine to the internal sidewalks, and a 1,012 ELL ~~' square foot picnic area with two picnic tables and a BBQ on the south side of the site. Staff is supportive of the proposed amenities. E; . v Elevations: With the application submittal the applicant provided two front building ~~~: elevations for the proposed duplex structures. Since the original submittal, front elevations for all four of the proposed units have been provided, as well as side ~'' ~'` : elevations for the tow buildings fronting on Pine Street. The front elevations ~` ? ` ' submitted, prepared by Hauff and Associate, LLC, are attached in Exhibit A. UDC 11- ... y~..~. 4-3 requires multifamily structures to comply with the design standards listed in this ~~~ ~! section. The applicant is proposing to construct the structures with painted cement "'' fiber board lap siding on most of the walls, and board and batten siding on the gable -`rs. ends of the roofs. Composition shingle roofs and vinyl windows are also proposed for ~ `~' all of the units. Staff is generally supportive of the proposed elevations as they appear ,. to comply with UDC 11-4-3.27.E. However, Staff recommends that one additional ~, ~ window be added to the north side, second floor elevation of Unit A facing Pine ' '. Street and one window be added to the north side, first floor elevation of Unit B facing Pine Street. Staff further recommends that the applicant clarify, at the ~: `~: public hearing, what color scheme is proposed for the development. NOTE: Staff ,~~.: ,,.-;: will ensure that when CZC applications are submitted for construction of the buildings in the future, that the elevations also comply with the UDC requirements and are ~:,;~~- consistent with those attached in Exhibit A. Pedestrian Paths: The applicant is proposing to construct sidewalks along Pine Street and ~' `I the internal private street with the ability to extend all legs of the sidewalks in the future. ;.'~ Further, as an amenity, the applicant is proposing to construct a walking path on the west ~~'"' side of the site that loops the private street sidewalks to the Pine Street sidewalk. Staff is -,,~~. .:. -3:;, supportive of this proposal. The applicant should be required to construct sidewalks as proposed. Ditches: UDC 11-3A-6 requires natural waterways to be left open as a natural amenity, used as an ameni not bein ' ches laterals canals and drains that are and for irri ation dit g h' g to be piped or otherwise covered. There is a ditch on the west side of the property. In accordance with the UDC and the DA in effect for this site, the irrigation/drainage ditch `;;j on the west side of the site should bepiped/tiled. tw.:=r:~ Strate Apartments CUP-07-011 PAGE 11 K d'E~~ } 4 1.' n , It :i . 5 i cr ~ ~ a ~~ ~ s ' ~ ~~ ~ .,+. ,~... ~ ~ r ~ ~t ^~. ;- ~ ~ ~~~'kr, ~' 14 ,. ~ ,'. "~ ~ ~ ~ ' 4 ~ f -, ~ Y 3 '~ f - ~r ~>?~y`1 ~ ,1y. Y~1 ~N. , t"1 ~i" ~` t t r~ I r - g z. {: 's ~ Y' ? ~}' Ff ~ } ] ,dE ~P `~rt~~~~~r, _ _ k :~_ v. N:~iY.~ j. 4 } y5,e Z 5 . '}' A~ ,4.~ F ~ _ f i ;~ , S ~ ~ ! ~4 i ,~ t ; '{- ~~~ti ~ `.~' ~ - k Gr 7~`f .-i'i '~'' r~ti" ;y ~~ ; ~~. ~;, ~. ~~.- - ~~ ~~r ~ . 4 ~ G ~ ~~" I~' y~ ~ • ~?;,.~, ~: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 `' Fencing: The applicant is proposing to construct a 6-foot tall fence around the x development. The fence on the south and east sides of the property are proposed as vinyl. `~' '' : The fence on the west side of the property is proposed as a coated chain link fence to ; `'`=° match the color of the vinyl fence. Staff recommends that the Commission determine if chain-link fencing is appropriate along the west property line, or if a 4-foot tall '° vinyl fence may be more appropriate. NOTE: The Meridian Police Department has ~`~.'" provided comments stating that they would prefer to see anopen-vision fence along the west side of the development (see Exhibit B). This will allow the Police Department better visibility into the common open space areas on the rear of the units. Also, the ~`'' Meridian Fire Department has provided comments that they will restrict fencing between the duplexes (see Exhibit B). This will allow firefighters to drag there hoses to the back ~~: ~ side of the units. If permanent fencing is not provided before issuance of a building p"'~~ permit, temporary construction fencing to contain debris must be installed around the ` ~ ;. perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. ~ " ° Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be ~° :~ supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not F:`` available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City 'y <.`.: Engineer. An underground, pressurized irrigation system should be installed to all ~ ~ landscape areas per the approved specifications and in accordance with UDC 11-3A-15 ~ ~ °~. .-_ s and MCC 9-1-28. : ~> ,- ' Existing Residence/Buildings: The site currently contains multiple buildings. Because ~, the existing structures aze not consistent with the elevations submitted for this =~~'s development, all buildings shall be removed or relocated off-site, prior to issuance of a "'~' Certificate of Zoning Compliance application. ~;._: °"' ` Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers CUP-07-011 and PS-07-004 with the conditions listed in Exhibit B of the Staff „'::; Report. The Meridian Plannine & Zoning Commission heard this item on Mav 17 and June ~', ' 7, 2007. At the June 7a'. 2007 public hearing. the Commission moved to auprove CUP-07- 011 (and PS-07-0041. ~: ~= ~~ 11. EXHIBI'T'S sue..' `~ ~~', A. Drawings ~'' 1. Vicinity Map ~_- 2. Site Plan (dated: 5-29-07) ~ ~ :~: ~.~" 3. Landscape Plan (dated: 5-29-07) -.;. Q 4. Elevations B. Conditions of Approval ~~` 1. Plannin D artment ~~ _ , g eP ~y: ~. -:, . ~~," : ~,'~ Strate Apartments CUP-07-011 PAGE 12 ~ ;: ~ - - ^ f; ,'`5~~~ Fol. ~ ~ i`! {~ 1 ~4.~ . l.'. _'. ~~~ xC~: ~ 1 *,.~ { 1 ~ ~~j~F ^# t ~,.: n: , ~~- t:= ,.. <: ~~ z: ; ;~.,: • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Nampa & Meridian Irrigation District C. Required Findings from Unified Development Code Strate Apartments CUP-07-011 PAGE 13 -f.~ SPh ~r~,; Y. ter. ~~ sic ~t~s 5"a 3 .'S".ti { 4 c~7 _ I. ~ S. _h~ p ~t ~ Vic` ~ t_ 14~ ;~ 4 ~~: i( ~~.. r. rx a F~ it,r-~x, E~~ ~~, b c .r ~ ~~~,ry ,~ ( ,~ r s Jj ~ L fl.;J ~~'f w,,~.~ i ~ ~, > r .~ x rta ~„ ~ `Y~ ~+~ " 4(~ ~n i n c~. 4 a. y V E,yr ;t`~V. ~:4t 'J'Ly~'G'~YSS'st 1 y ~Z `+ ~~~ 4 t ' ~ ~I{ )'. ~. .L .'t~k ~ y 6 k, &~ ~ St.. Iri i i~ ~~ ~ ,~, ..t. ~ , ... i~ ~1~~,, it ~wtl`~ q r ~yty '~, ~ ~: ~~ ~# s ,~ r~~~`t ~ '~ riru~ z ., ~ u ~~ ~~ ~~_ r <a-1 k» ~ ~" - h ~',~i 5 iy,, ~~x ~_ ~St ~~i R ''.~4 ~ - , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 A. Drawings 1. Vicinity Map ;: ~: ~?< ':~,.': .~~~ Exhibit A -Page I 4_a: ,F-.+ -F-+ ~_ W r c .~.,s ,e ;~A ~i~ i ,µ~ a-r . 4 ar .:, s ,~ y. . ~~ xuk 4 -h- vh ~^` +# ~ Z ~uxrF`f~ ~ ' ~ ~-4p ~L+~+ F` w ~~j ~r. ~ t H ~a. ~~ "~ ' ~~ ~~ ~ .a Yy ~1 tom, '4y; ;'~"#`~S ~1 ~~ s x _ ay yS`'lC$~ 11 A §1Nt~l~ t f~f i ~ ;y ~ i n, ~ ~~ C ~ d. c71r ~yw~ 4 ~, ~.X ~4G ~ 7 y, K' tE~w % ~ t~ ~~ ~ f~ aSFtF~ & F' >r~~y~, ~~ r. ~~^ ~a ~y .,' "~ i of L ~'S~ d~~jy~:8- $~ ' yx,~~4~~ I { i+ ti. ~ • ~ ' ., i t~, _ f i.., 4.11` :4;;' I. X ~ ,-w - J: ~ - ~~ ! Y a ~'`'", ii~ ~ ,f~1 ~~ k~ r .~ :~' ~' . ~ :- ~~ iJ ~-: I: ~~ ~ ,. r. t,, ,:. >z . . "' t ~ ` i r > ~ ; ;.~ ,. r 4fa t ~ ~~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 2. Site Plan (dated: 5-29-07) re ~Ti `~5~14~ ~~ t~~~C19SP g~Jl@i{ ~'~Q Old) 'Ue~~~~~~ ~3 ~ ~ ~ Y~~$ ~ lBe~AS ~W1d 3~3 4 68 ' ~~ i - L+~ i ~ ~, ; ' sLUBW~tBd b' ~3~IS ~ ~ i - `~ ~ i C JBUMO `AaEI}ue'~ 8U8~ "' _ ' ' ~ -- i _ I ~G~ ~„ - _ - -- __ .,,`~' _ ___~ ~I 't I _ ~'~ ' _ ---~1~~1'''~~ f ~ ~ ~ v •~ ((r~~ N V (~N 2'si~nascN7:8oF~Vi ~ i ~~ g ~ GGG t ~ - ~ ~ ~ ~} ~ tl { i _- '` ~ ~ V ( l i ~ r. ,~ ~ L`LLS' h7Lt , i ~ J ~ °~~ i d - - - . ~ ~ pO --4 ara _' may rm- - sa na.^ i ti , ~ ( ~ Z °' ~ ~ ~~ ~ _© ~--- aw ~ ~ Q _ ~ ~ Q ~i -, M" ,- ~~~ ~~ ;~ ~' ~ ~~ ~6b ~ '~~ a x . , _ -- ~ - -- ~ ~ j I ~ m 1 ~ GGII a p II~~ ~ ~lI h,<- m I ~ ~ ~ :~ t ~k Q ,; ~, Exhibit A -Page 2 ~_ ,~ AL1 I ~ ~ ~ (.i '_ i a ~ j _.__ Si 1®v819@21 '. i_ --j ~a:~r ,,..,.h;~ ~E;,, ,~r ,,.~ ~~~ F~. ,t h~ ` ~, ,~ a ~ r ~.. t~qY f`3'JF ~ f.., ~tt,,~~ s-. i~3't ~~~~"w ~f i ~": - ~ ,~ y ,:, i~-'~~ r+ ;~ p~` ~~ .~Pf.'- '''~ J ., i ~~r ~k o. r~::l „~{ ~~~.y. 1 t~E ~e.'C' i C,J ~~'~WF!'~j*i~ ^' t.. ~ ~,. w, ~. f z 3 ,.~;~ ' ~~ r h' S~~A j I _ ~ i~ ~~ I 4 9°ir$;" 'p .-.. ~ ~ .4'~.~, J,., ~ s ~. { ~ f ~ 3e F ~~ ~: 1 _: ~~ ~} Ir `i- ~~ ` ~i~ .: > ~ . ~ - yvr N ~ f ~_ ~ ~~f ~t < ' i ~ I c .Y~.- s-~, r i„ J y„; • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 3. Landscape Plan (dated 5-29-07) ~ Ztr~~B ~I~PI '~lPljeW a a'1'1 `~~l~t~ iB30~90s~ ~$ ~~ ~ ~ 3e8WS ~utd,iy~~ 3 6 E6 8~8J}$ ~u01L~lH.. , i ~ ~ " J - - ^ _ ~euMp °esegg eue~ t+ 5 _ ~ I j , ! a:y 1 ~ ' I~ ~fi~+~~ u~~~ ~~ c~ ~~ ~~ ~z W ~ ~~ ~~ O Z p~~ Ci ~ 0 ~~~ , ..~ , 9 ~°~ ~ ~ ~. ~ R ~ ~~ ~~~ ~ ~ ~~D w: R°4 r e ~ ~~ ~-~ x Exhibit A -Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 ~ a~~ea ~4B~i °~~p~~w a-n '~~ r~s eLed ~ ~ is ~e~el~osse ~ ,~+,~~ ~ ~ swa~- etas ~ ~~~ ! ~ ~ ~ ~ I, ~ _ H ~ r o f , R ~~~ ~ ~~ , ~ ,~ ~, ~ ~ ~ .~' ~ tI~ ~ ~ F ~, ~~,: ~T6~p~~ 7 ~ 1~ '' ~i. ~, 3 ~ ~,~ f4~ ~ ~i ~34 ' ~ ~ S ~ f ~f ~ e s yp "~ {Y , `~ ~ ~ ( p~ I gp ~ {{(( ~4y Z~~Fi16# , ~}~ ~ ~! tt ~i c F~P~9 ~ ~ , `ot~ ~ ~~ ~;, $ ~~.~ ;ii e~. E~ e~' ~ .~~ ® i a ~lalj~66~~ ~; ~ G ~i~~~~g~~I~~ a . 9fl A ~~,~ ~ ~mi ~La..~_~.,rb~ ~. _ . . ,~ V -~-~ d ,. { '~ E i a ~~~ ~~~~ a ~a ~~ ~ ~ ~ ~~ ~ i~~ ~~~~~~ ~ +~I' ~ 4~ ~~ i ``r~ tilj ~ ~~ j~1 ~ ~#~~~ ~~e~ 4'~R w k ~ ~ ~ ~~~'! ~(. b,e . a .~ . ~~ _ ~~ ~~ ~~j~ l~ I ~ ~~ ~.~ o~ ~ flfl ~~ x ~` t' }~ k ~~~ d . `~ 3t , ~ -,,` E e..y~ :G ~ 1~ ___,~s~,. vJ ~ ~~~ ~ ~ ~~ ~~~ ~~ ~ r ~I tl ~€ ~. -~ I ~ A {' N t. 3 ~ ~~ `} ~~_ ~~ ~~ ~~ ~~ a. z 4! y ~~ J ~~ R7 ~z Z' > c°~ o r~~~~4~ ~ . ~~ ~ ~ ~aI ~¢ 6~~ ° e s~ ~r ~'°' ~s~i~Era~~~~.~ a i ~i;~,~~~c ~~i ~ , F V 1 +J l °~ a Z ~ ! -'~^ a ,,. ~ ` ~ °~ ~~ ~ ~ ~, ~ .a ~ ~~ Exhibit A -Page 4 ~: i. r '~ y .,. t ~~ r r :' Exhibit A -Page 5 ~~ ~~+1P >,y~ - ~ ~ k '~...; ,y 777 4i ~l Q ~ ~ f~ i~~ I~ ~ i ~ ~,' i ~ ~i L~ _ g z ~ ~ Zi ~ ~' I I--~ ~ '~~ ~ r I Y '~ `~ ~ ~ ! ~, ~ ~~ ao ~ : "- ~ ~ ~ ' i-- i ~ , ~ ~ ~ _ i m 4 -~ ( i i ,.~~~ ~ t~ i ~ ,i" t a ~ ~ - - ~Ik E ~- ! ~` 1, d ! ~ i -- ~ ~ ~ z ~i ~~~ ~~~ LL F V ~ Z ~ 2I Qj n ~i b ~I C!J q ~~ 1 ~,~ t~ i S~.R: . ~y ~trr~ ~ ~ ~~~41 ~` 3 i i ~r t ~/ ~ ~~ i ~ +. ,. t, it ! ~ ~ r '-H , ~ ~~ ~ t ~ ~ °f-~ ° , / CT ij ° h f~'~ ~ S ~ 1~~ 4 G ~ t ~ ~ ~ ~ a ~ I e fi~~~~a M *,~ ?^'~ ~ ~ .,t 'r~~ ~ J t _ ,~ ~' i l ~" I ~t ~y, ~ Mr ~ ~ 3 _ i , ~ r t ~~`"'9~ ~~~ 14 ~ 4 ~ ~ ~. 2 yf~,tti4 ~1c, y . 1 Y '; :1 I }i~~ti~ 1y V 61 ~ s '~ ~~ { Z r~rn ~a ~S#~~ r ,~ , ., c~ ~ ~ ~ 1 ~ I~. ~ -t' .'F- 1 y( ` ~ + 4 Y f;~' ~1i +~ { 1 ~h'+~ ` ' F x ~~r'y *~ i r ~.~ ~ ~f rih ~d`~' 3 ' ~µ f. ~ ' ~ t S- ~~. ~ x ~ ~~~ y. ~ 1 .'V '~'ite.as ~n~~~t ~ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 4. Elevations • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 i~~'8 l3n~l g Exhibit A -Page 6 Z'b9EB e4~pl 'UelP~+sW ~ b~a~38 ~~ld 1~~~ b L6 _ ~ ~ ~ : ~ ~R ~n ~W8r~edV al~-3S I 1 ~ ~ J8t1AM1Q'83~g 8It0~ ~ i I i ~~e a 9 ~ !~i ~ a ~ ~!~ ~ I ~'~~~'~ • ~ ~ ~ _~ ~ ~ ~- a n ~ # ~.= C '~ ,,! .'w ~~,G~ ~~ {.+ .~ .~ m !I _.., ~ a..e .~ ,. ~ ~~ .N j~ ~~ .n a4 ~ ~~ :~ F '7 r,?, i,~~ tib E.: ;; ~~ ~~ , t; brA ~ ~~ .. " ~~ -s~*~'~ ~'K~K.t~ ~~~~~+++```~~~. ~x.. ~! _, k 4, , fix;. I ~. t + ~ ~ '0.~:~," fi 7 '~itit ~^'7 ~ l ~ .. 1 4 '~ }~~ t K 1 .'Y/'.~' ~ j'rP-121v - 4 r~~/r' ~ r W' j'i :~ ; ~ l ~ L ,{~ Yp4~y., Il 1+ ~ h;, I~ _ T ~ ~ Gf .~'A , ~5~~ 1 ~ fry]' ~~~-~ i. 3 ' ~ ',. ,i a ;~tk rS7 1} ~' F ~r ~ n ~. 4xA ~ ~C ~~ ~S' 7~ rs,~ .. ~ `. n ^~ ~ ~~ ~ r r ~ ~~~~t '1.48 yr d :.1,e.' r F ~~~ do .S.~SS~' Fyn _ r7 X , Z Q H U oz e* ~ ,~ O ~ ono ~RYF- U a Z ~_ a E: Ec y.'-a ...~ ~,~ E ~;, { _ ~: ;>{:_ ~; ;f;.+ :~ f ~. •~'Y;,"r h~" t~.-~~. j' i, .~`~.. Fi . yn fi f~` t CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 saielaoer ~ ~ney ~J Exhibit A -Page 7 ~b9£H ®4BP1 '~eIRl~~IN . ~ ~. 6 ~®~us a~~ ~~s ~~ ~a~'~i~S+~~J -~ ~ ~a!~1 '~~~ ~~ ,~ i ~~ ~~ ~~~ ~~~ ~ ~~d' ~~~ a~; is ~~ u .~ r~ V ~~ .- /~ Z O H U } ~Z~ ~t3z ®~U ~~O .~ ^ u. ~J z~i- ~~ ~l Uaz ~_ •C S I` ~~~ t~~~, ~~ ~_ ~~ T~ i~ ~ ~ ,~*~~ a 4"~~s;~°~~ ~~`4 ~S r ~ °'G' t a. `~.~`Yr .:' r y 1. ~, ..x Y-, ,, .°u'. I ~~ ~:~ '[ ~'s ~ ;~ r ~ ~~.~ m~ ~~ .~ ,t ~. ~ ~ sr 5 r m r.'S" xc~iy'~ :' i 3.8 ~. x r ! -' Y.n Y ~{ x, rs$ ~s ~ t Ait~ ~+ '" *=r' r ~ ~~ r ~~ ~~~~ ~-. I v~ ~~ rx ~ ~ ~ 1` '~ ; N A 2 n~ ~~h, ~ r . r w ~'e Y '~ ' _ z ~> -~ ~ ~ Y ~f~' a tr:~t _{ y ~~ , ~~ i f 3 ~~L~'~ ~, .moo:. ~ v - ~,_ k,: - ~~ .~,u ^` .1 F;. k. a~ iF ~~' a,? ... 1 'll (F ~L l 77"" 4 { ,~` .~ - F ,~-4 ~ i;r .~ht ,di~ r X_~ ~ ~ r 'i ~ e.., -~_ r ... CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 B. Conditions of Approval c""~' 1. Planning Department ~,; 1.1 SITE SPECIFIC REQUIREMENTS-CONDTTIONAL USE PERMIT (CUP-07-011) ,. F';,,"' 1.1.1 The site plan labeled Al.l, prepared by Hauff & Associates Architects, LLC, dated May 29, ` 2007, is approved with the conditions listed herein. ` 1.1.2 The landscape plan prepared by Breckon Land Design, on 5-29-07, labeled Sheets Ll .l and L1.2, ,' is approved with the following modifications/notes: ~' ~:: • Provide a 25-foot wide landscape buffer along Pine Street that is located outside of the '~-" ,_ .:. required ACHD right-of--way. The landscape buffer along Pine Street shall be designed in accordance with UDC 11-3B-7 and contain a 5-foot wide public sidewalk. ~;`,~ • Unless otherwise approved by the Meridian Public Works Department, trees are not allowed within the existing sewer easement on the west side of the site. • Provide landscaping along all private street facing foundations. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants r=:`~ shall be planted in the remainder of the landscaped area. ~;; _.; • Depict a concrete sidewalk from the west side of the private street to the south property ~' line, adjacent to the amenity area (and as shown on the site plan). `~°' ~' - , • Construct a BBQ area with two benches at the south end of the private street, as proposed. ~; ,: • All areas approved as open space shall be free of wet ponds or other such nuisances. All `' ` ! z stormwater detention facilities incorporated into the approved open space are subject to . :- ~ UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted ~~.: ,, under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant z~.:> ' shall relocate the facility. This may require losing a developable lot or developable area. ~~~~ : ; c • A written certificate of completion shall be prepared by the landscape architect, designer, ; ~ ~~ - or qualified nurseryman responsible for the landscape plan. All standards of installation ~- ,' shall apply as listed in UDC 11-3B-14. `~ -~' • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that ~~ °~` were removed. Required landscaping trees will not be considered as replacement trees for ;`- ~ those trees that have to be mitigated. ~~ ~ . • All perimeter landscaping and amenities shall be installed prior to the issuance of the first ,~ : , occupancy permit in this development. 1.1.3 Comply with the applicable provisions contained within the Development Agreement in effect for <~~ this property (Instrument #99067737). 1.1.4 Comply with ACHD's requirement for right-of--way dedication of 35-feet (from centerline) along Pine Street. Construct a 25-foot wide landscape buffer, located outside of the right-of--way, with a S-foot wide sidewalk located within the 25-foto wide buffer. •:i T.: i ~~ Exhibit B -Page 1 ~+ ~4 z i ~ '~~~' ~ ~.. J t ~ '~`k ih 7 << ''. ~;~. ~' .~>> _ ~~., nti R td`a'~ i t R „~ ,'~~, ~ ,'' ~~'"'~ `~ c~ ,'~,~ ~ - `_ ~~.. F S '3~* f V v b } ~~S ~1 r i r' t t~[ L ~' i CIF "f~±/h ~~~~~ S h ~ L ~~{ NF _.>>~. Y yy TM1' yr yy ~~, t ~~ r ~ Yl , -a*, F ~~: `~}~ n• r`i IOT t~}~4 ~ :1 ~ ~ N ,YS '~ '~i+ - , ail Y s~ '- T <•~ '`Sf ~., a rr ~~~~ n~ `~x ~ s -~ ~'~~ ~'r ' M r , s~~+k!'j~k i~ w4: ~ ~ F,, k ~ t~S W} d Y I 1~ ~~JJ, ~ ~5 ~ ~t Y €~ • • ?` `' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 ~'~ 1.1.5 The proposed private street for this development is approved subject to the following: }':; , • Prior to issuance of a building permit, construct the private street in compliance with UDC ~;,, ~. 11-3F-4; • Construct the travel lane(s) to be a minimum of 24-feet wide; '' - • Construct a 5-foot wide sidewalk on one side (west and north) of each leg of the private ~ ' '~ street, as proposed; • Provide a Fire Department approved turnazound; '~. • Post the private street "No Parking"; • Gates or other obstacles shall not be allowed; ~~: _ !. • Obtain approval from the Ada County street name committee for a private street name; ~:~~- • Prior to issuance of a building permit, provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, k~ '-' including regulations for the funding thereof; ~- ':- • Prior to issuance of a building permit, create a perpetual ingress/egress easement for the private street to all 12 units and the parcel to the west (Pazcel #R6576001129); '`` is a' • Abandon any other vehiculaz access to this site from Pine Street. Note• The private street shall not be closed off to the property to the west in the future. i~ ' ~ ~ f ~ 1.1.6 Provide a minimum 12 foot reaz (south) setback, a 10 foot side (east) and 20 foot side (west) . 4 . :: setback, as well as a minimum 25 foot front (north) setback to the Pine Street right-of-way (in a landscape buffer). All other internal setbacks between buildings shall be in accordance with the ~i" ~.: _:' adopted Building Code in effect at the time of permit submittal; internal setbacks are not required ;::. by the UDC for multi-family developments. °.~'1, ~ ~ 1.1.7 The applicant is required to provide, as amenities for the proposed multifamily development at ~; `~;~ least 0.1 acres (10 %) of the site for common open space; a BBQ area with two picnic tables; and, ~''~ ~'~ ~t..:< a pedestrian pathways, as proposed. ~'~`;~ ' 1.1.8 Per UDC 11-4-3.27B construct a patio area on the reaz of the units, as proposed. Each patio shall s; contain at least 80 square feet. ;:~. ~ 1.1.9 Construct 1-car garages for the one bedroom units and 2-car garages for the 2/3 bedroom units r, f;; ~ ' and driveways in front of all of the garages for additional visitor/resident parking, as proposed. 1.1.10 One additional window shall be added to the north side, second floor elevation of Unit A facing :;'%`. Pine Street, and one window be added to the north side, first floor elevation of Unit B facing Pine Street. Other than the changes mentioned above, the front elevations submitted, prepazed by Hauff and Associate, LLC, are attached in Exhibit A, aze approved. NOTE: Staffwill ensure that ~.; ~, when CZC applications are submitted for construction of the buildings in the future, that the " elevations also comply with the UDC requirements and are consistent with those attached in ~.~` Exhibit A. All roof and wall-mounted mechanical, electrical, communications, and service ~;;<:-. .~~.~'`, equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. '` `` 1.1.11 Construct sidewalks along Pine Street and the internal private street so they may be extended in the future. The sidewalks along the private street shall be extended to the south and west property l lines, as proposed on the site plan. All internal sidewalks shall be constructed as submitted and in '` ~ accordance with MCC 12-5-2.K. ~': is Y~ 1.1.12 In accordance with the UDC and the DA in effect for this site, the irrigation/drainage ditch on the :n Exhibit B -Page 2 ~ ~ ~' . H,~.~ 't~.~. - tike: a~ - r, ~t 1 ~. u F~ ...:?': .. ~~r~~ ~: ~;-cA r j:.. ii CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 west side of the site shall be piped/tiled. ~`° ` 1.1.13 Construct a 6-foot tall vinyl fence along the ~' ~" south and east sides of the development and a 64-foot tall Pai~e~ vinyl fence along the ~~'''.; west side of the development; as~r~epesed. w, 1.1.14 Underground year-round pressurized irrigation must be provided within this development. The '" " City of Meridian requires that pressurized irrigation systems be supplied by a year-round source ~'~~ of water. The applicant shall be required to use any existing surface or well water for the primary f'` _ source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible ~~'"~"-+ •~ for the payment of assessments for the common areas prior to signature on the final plat by the `:° =' City Engineer. An underground, pressurized irrigation system should be installed to all landscape ?<:-; areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 6'.. 1.1.15 Prior to Certificate of Zoning Compliance submittal, remove the existing structures from this site. ~> _- 1.1.16 No building or other structure shall be erected, moved, added to or structurally altered, nor shall "`':~ any building structure or land be established or change in use on this site without first obtaining a `'~' "~ Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department. All buildings require Certificate of Zoning Compliance (CZC) approval from the Planning ~' '" Department; prior to issuance of building permits, obtain a CZC from the Planning Department. 1.1.17 Prior to obtaining certificate(s) of occupancy, all development improvements (except for those directly adjacent to individual units), including perimeter fencing, irrigation, and landscaping shall be installed. ,.:: _ `' '"'~' 1.1.18 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and ;.. ,~., `-' conditional use does not relieve the applicant of responsibility for compliance. x`•<'; ~~~`'~~ 1.1.19 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, F;"" '`~' Landscaping, and Maintenance. Conditional Use Permit approval shall be subject to the ~, ; `"' ~~ ~ expiration provisions set forth in UDC 11-6. h ~ ,~ ` 2. Public Works Department `'-`"` 2.1 The applicant shall install Water and Sewer mains to and through this development; applicant ~;' "?~ I shall coordinate main size and routing with the Public Works Department, and execute standard a,_~ •. forms of easements for any mains that are required to provide service. Minimum cover over r: = `` I sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than ` ' "`` alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. ~~ ~~- rf`." 2.2 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). :' 2.3 A portion of this property lies within a FEMA recognized flood plain with a zone designation of A. The applicant shall provide a Base Flood Elevation report from a professional surveyor or other licensed professional qualified to prepare said document. P ' ~ '~ 2.4 Submit plan for use by the Building Department that contains the floodplain overlay. ,: . ' ?~:: }K Exhibit B -Page 3 ~,; $1. +rt ¢ T ~L~ .i, ~~~ S y 3., .~,i~ava .`~ k, 1 s^"~g y 'yG~ ~ ~ ,v ~' yt k.~ . } ~. ~~ii~- ~~~ G y T i r' , ~ 15 ~~~~ ~. *F ` t t h~ a' ,*a' t " ~ r,r_x ~:J 7~i ~ ,",` RY'1 (ty{ t ~~f ~` J ~ .o~Y~:: ~ ~i~Vrr s - R~: ,~ ~y ~~ w i~`ir} ' ~ ,~~:.kti .~~' ~'v . r 3i is z~ ~x r, a,.;4 _ ! ,~ ~ ~" i~~~yt T ,K X ~.~, `. ~~. ~. 4 ~ , ~,. .~a.: F s " `~ ;. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 2.5 All pads encumbered by the floodplain shall submit flood plain elevation certification prior to ~~ ` occupancy. ~~ 2.6 The applicant has indicated Nampa-Meridian will own and operate the pressure irrigation system `~ ~ in this proposed development. )f it is to be maintained as a private system, plans and E`"' specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan `~ ~ ~; approval with the "final draft" being required prior to final plat signature on the last phase of this ~,: ; project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. ,. ~~'~~ 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round ` source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or ' ''F well water for the primary source. If a surface or well source is not available, asingle-point ~`~"` ~ connection to the culinary water system shall be required. If a single-point connection is utilized, , ~, the developer will be responsible for the payment of assessments for the common azeas. r> ~. ~~°' 2.8 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this sepazation s ='' f:. requirement and comply with all landscape requirements. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- ~` ! ,,, .~. domestic purposes such as landscape irrigation. 2.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or ~_ ,, ~' `' t„;. lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. c~ - Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and ~` `' approved by the Meridian City Engineer. E; ' 2.1 ] A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall y `'' ,:,-,, be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking azeas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental ' ;; ' Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities ~ .. and Counties and City of Meridian standazds and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all `' `~'` h necessary applications with the Idaho Department of Water Resources regazding Shallow .,. Injection Wells. ~` "'` :_«;; 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District, prior to ~ ; ~' applying for building permits. 2.13 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive R " final approval prior to occupancy. Other required development improvements such as fencing, s <'_' , micro-paths, and landscaping maybe bonded for prior to obtaining certificates of occupancy. _., 2.14 Applicant shall be required to pay Public Works development plan review, and construction ~~.~-a inspection fees, as determined during the plan review process, per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with '~ "'' >-<~ - the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that r1~ i d; :,": Exhibit B -Page 4 ~;t.M1i ..y ~~ ~~~ s .., ~ ~P r ~ t, ~ I ~~ }~ gF'ri'SrtH q:k LL pij4 S ~ ~ ~i~R1 J ~•F~ rt~ a" f QQII t S ~.,yPI ~ti~~~ P I ~~ '~~ ~ J ~q~4 °Z} 1 ~~~ k { ~t Sao- t j ~i, 4 t. S .. ~ `Y (.. i- i{-S ^Yi ~.%~L ~, 1. ;' ~ r ''~ ,,~y . e. _ .. 1 r L ~F'J.r Ci *1 /~+~ 1 }' ~ t'~' ~ 'n',f',~s~dl ~ r ~;~.~~ P ,- ~.~ ~ . ; ;" ~ v~~ ~ ~ ~~t , ~ '~ ,"'~ N~ ~ ~ 1 : ~ ~~ ~. ~ y ~i~ ~K~ y, ~'S ~~ ~ ~ ~ ~ s z~ W ~~~~ ~~y . ~ L.I ~w+~ry 1 i -- _ Y~ Y~7X, rV Y r-. a' ~ f Ill ..O ~} J `~ ? ` ~r f ~; • ~:.,- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 ~f::-'.' - may be required by the Environmental Protection Agency. ~' 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting ~" ~ that maybe required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. '~ `~'! 2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of `'`~~ 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom °` r~ ` elevation of the crawl spaces of homes is at least 1-foot above. ,; t f<r ~: 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street :`~~ intersections and/or fire hydrants. Final design locations and quantity are determined after power ~' >'~ + designs are completed by Idaho Power Company. The street light contractor shall obtain design ,: ~ E, ~~ and permit from the Public Works Department prior to commencing installations. ;.;_; 3. Fire Department f- 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 ~ gallons per minute for a duration of 2 hours to service the entire project. One and two family '; dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by `.x:' _ f°~ ,>` s Appendix C of the International Fire Code. ;J.^ '~'' 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water y~=`~ quality by the Meridian Water Department for bacteria testing. ~':: ~ 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. ~; ,-.: '' :.;:: ,~ a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. ~ .`~ `i b. The Fire hydrant shall not face a street which does not have addresses on it. ~~"' ~ c. Fire hydrant markers shall be provided per Public Works specifications. w ~; ` d. Fire Hydrants shall be placed on corners when spacing permits. ~'... ~`. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. ~'~ ' : f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to . existing buildings within 1,000 feet of the project. , ~~ :~ ;: 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required 3 , to have an approved turn around. Phasing of the project may require a temporary approved turn ~`` `'' " ~ around on streets greater than 150' in length with no outlet. .; 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. ~. 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and ~'~~~ ~ ~ . ,.,.~ -~ shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than s~ =,:.> Exhibit B -Page 5 €~ l ~~~ ii, of w ~" ~' +~~91~ ;~ ~ t 3 { ~ ' ~rl vay. ~ r :'r^ ti's ~j4~, +4xt..- ti '{' i .>> ~' `~ r ~ ~{ \r`. . S~ ~ ~~~ ,~~.1 ~ ~ ~ ~ E -? ~F ~. c t;~ t ~ .a c c~ ~ ~f~ rx~ ~ ~. ;}_ '?'1t'r ~ ~ . ~:~F ~~_ r k r ~~`i ~, .. ,` ~ • Vie.`'' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 7, 2007 a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. No parking will be 'r ` allowed in the proposed private street; provide appropriate signage. r: ,. "' 3.7 The Fire Dept. has concerns about the ability to address the project and have the addresses visible =u.,: ~' `' from the street which the project is addressed off of. Please submit a private street application for this project. A _; ~::~., 3.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. Side yard fencing shall be prohibited to maintain the 150 foot fire hose line reach for handlines. ;:.; ~ 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the ,... ~~`_'~` jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as `~ ~ `' measured by an approved route around the exterior of the facility or building, on-site fire hydrants - and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section ~' 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). ;~ ~. ~: .~. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). '' For buildings equipped throughout with an approved automatic sprinkler system installed in t accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). ~~, ` "'' 3.10 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered. '-~'::; 4. Police Department 4.1 The proposed multi-family development shall limit landscaping shrubs and bushes between '~ ,~ buildings to species that do not exceed three feet in height. >:: 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. Solid fencing on perimeter is discouraged. 5. Parks Department ~--_~"_ ~~ 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape r Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company ~:, `~ Y~ ' 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. i~"-'.''``f' 6.2 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they ~~ intersect a public street. ;:;! ~ :a ~•~: ;,t., :,~~.~ -:~ `! Exhibit B -Page 6 r .~ e ,~ ~'~~. I~, Ia ~. j F ~ k y ~,~ ~ ~t L ~~ ~ YY tv ~ > ~~i~ Pik ~~ ~ T4, J ~S~~"4 N"'r~7~k Cj ~ ..'1F {.~11~ Ri~ ~y Rr G7 ~ 7YK ~.*ln1~I . ~~ 3~° S' ~+tYUYYY~ a~, ::~:.~ ~ >e r. ~ ~~. ::~ t ~ t y Y~ ~t b„ 5f~! Y- ,k9~~t 3;i ~ t t~ ~S~~yth ~4 y [ ~ ' - Jl ~}3$~ 1 ",fit' 7. ~~cc r ~~ r<\py ~ f , ± Lj `- ~ _ ~' ~ a s y 5 F~~r _~. ] {~ F" t ~ ~ K. I ~ _ xC ~ xi' y r ',~. ab t 1 k ~ r"~~ ~~~} ~~ ~.~e ~w a` ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 7. Ada County Highway District Site Specific Conditions of Approval 7.1 a Construct the proposed private road approximately 65-feet east of the west property line with 15- foot pavement tapers, a minimum of 20 to 24-feet wide, paved its entire width, and at least 30- feet beyond the edge of pavement of Pine Street. 7.2a Dedicate 35-feet ofright-of--way from the centerline of Pine Street; AND construct a 5-foot concrete sidewalk outside of the right-of--way, within an easement abutting Pine Street. 7.3a Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.1b Any existing irrigation facilities shall be relocated outside of the right-of--way. f: _:- 7.2b Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. _, 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be 1 borne by the developer. 7.4b Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the _ construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. ;r° : 7.Sb Comply with the District's Tree Planter Width Interim Policy. 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for `= ` details. ;,~ ~_-'~-~~ 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the ;; :. " State of Idaho shall prepare and certify all improvement plans. ~. ~~~ ~' "1 7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building permit ~:...:5.i :^ '~ (or other required permits), which incorporates any required design changes. `~` '~ 7.9b Construction, use and property development shall be in conformance with all applicable } ~` ' requirements of the Ada County Highway District prior to District approval for occupancy. 7.1 Ob Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. i ~`` " 7.1 lb It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days r~'rl~ ` ' prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Exhibit B -Page 7 `-;~; s';, ~I ~ ~ ~i 3 ~~~ ti ~- r?R i ~,.. ~ a ~~~ ~. i. ~~: :~E~,- t } t ~'< l ~.. -+~° :z%: ~ , i~ ~i~ ~~??3 i ~a+~ '-f, u I , ~,A .+ tcq ~tia~k {y,:~;w, :k< ~ ' ' to i ~ It J ~ . I k ~. r~ ilr:... I~.: -i .~r k ~;A ~ ~ ~ t ~~ zy "'"~, ~ ~ - F_• ~ F3~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 g- ~, 6- -- _ Operations 387-6190 in the event any ACHD conduits (spaze or filled) are compromised during ~ , .: '' any phase of construction. ~,.. t:. . 7.12b No change in the terms and conditions of this approval shall be valid unless they aze in writing ~~ . *` and signed by the applicant or the applicant's authorized representative and an authorized ` representative of the Ada County Highway District. The burden shall be upon the applicant to ,r, obtain written confirmation of any change from the Ada County Highway District. _.:, °""' 1 7.13b Any change by the applicant in the planned use of the property which is the subject of this ~~- ~{ application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or ~:: ~~,'-s other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless ~.-` a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect ~? ~:',: at the time the change in use is sought. ,I=-; 8. Central District Health Department ~ >..~, ~, 8.1 After written approval from appropriate entities aze submitted, we can approve this proposal for ~, :'' central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & ~'' ~ Welfaze, Division of Environmental Quality: central sewage and central water. x`;'`,:~;'j 8.3 Run-off is not to create a mosquito breeding problem. ~._ ~' ' ` ' 9. Nampa & Meridian Irrigation District ~" ,. ~. ``~~'? 9.1 If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation . ~` ` '' District and no further review will be required. However, if any surface drainage leaves the site, _ s ,. , _' the NMID requires that a Land Use Change Application is filed for review. 1 - 9.2 All laterals and waste ways must be protected. 3- { ~~~,, ,I R ,. r<.-...'f.~~1.~ ~ ~,>., ~ 9.3 The developer must comply with Idaho Code 31-3805. .;;'' C. Required Findings from Unified Development Code ~``~`°~ ~ 1. CUP Findings: r The Commission shall base its determination on the Conditional Use Permit request upon _ the following: { , r '~ A. That the site is large enough to accommodate the proposed use and meet all the ~~ ~ `"' ~ : ` ~ dimensional and development regulations in the district in which the use is located. ~ I The Planning & Zoning Commission finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the ? ` UDC. t ' ;; B. That the proposed use will be harmonious with the Meridian Comprehensive Plan `~"i and in accord with the requirements of this Title. I ~~-- -~ ._ ~.:~. ;: „';~~ Exhibit B -Page 8 ~.w~ ;; ~~:~~ y `,~~~ r _ -~~~ s r'~c~,""~ .' ~it.~ ~ .i~. .... ;p; _ ..; a ~~ ;:%S<i - r~; ~`r+ ~s r L ~ '-' ~S 1 Y y~ f'r t~rr t ,,,.: .~ =:r z ~°, +;~~ ~t ~ ~ ~ -~; s iii ~:; ~~ , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16, 2006 "' The Planning & Zoning Commission fmds that the proposed use is in general conformance with the comprehensive plan and the UDC (please see Sections 8, 9 and 10 r± ~ of the Staff Report for detailed analysis of specific items that apply to this development). , ~: ,~, C. That the design, construction, operation and maintenance will be compatible with "'~ ~~ other uses in the general neighborhood and with the e~sting or intended character a _, of the general vicinity and that such use will not adversely change the essential character of the same area. The Planning & Zoning Commission fmds that the general design, construction, operation and maintenance of the multi-family uses will be compatible with other uses in '~ `"'~ •; the general neighborhood and with the existing and intended character of the vicinity as ~` ~' to not adversely change the character of the area. The Planning & Zoning Commission finds that a higher density residential use on this site should be compatible with the ~,~ neighborhood (provided the applicant complies with all UDC provisions.) The H ~: R<;_ .. Commission should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. €~` The Planning & Zoning Commission finds that the proposed development should not ~' '~ adversely affect other property in the vicinity if the applicant complies with all CUP ~' ;; conditions and constructs all improvements and operates the use in accordance with the ~.:~~'~ ~; UDC standazds. E. That the proposed use will be served adequately by essential public facilities and ~` `'~ ~ services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. '"' " ` Please refer to the comments and conditions prepared by the Meridian Fire Department, ~'"`~'' Police Department, Parks Depaztment, Sanitary Services Company and ACfID in Exhibit ` B. ' ~;:, " F't=n:: ~. F. That the proposed use will not create excessive additional costs for public facilities , and services and will not be detrimental to the economic welfare of the community. ~~ '~ If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public .:~r~- ;< costs to serve the future residents will be fire, police and school facilities and services. ,.,,;. 1` '~`` The Planning & Zoning Commission fmds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility u; '~`~ costs are expected from the City. The applicant and/or future property owners will be ~"? required to pay highway impact fees. The Planning & Zoning Commission finds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfaze of the community. tssr a !; G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the ~`~`'`` general welfare by reason of excessive production of traffic, noise, smoke, fumes, ~,' ~° ~~ glare or odors. `~',~ -:,. The Planning & Zoning Commission fmds that the proposed development will not ~:~' involve uses that will create nuisances that would be detrimental to the general welfare of ` ` ~ ` the surrounding azea. The Planning & Zoning Commission does not believe that the E ; amount of traffic or noise generated will be detrimental to the general welfare of the t'w,~; Exhibit D -Page 2 .~~ ~. ..: ~ y~ ~ k. i ~,~ ~ `~ ~~, r 1'?4 `~'3r3 T k4 ei t ti `~n.'~T. 4 3 as ~'¢ .. ~ . _:~M.~, J ~ v' J s i~ x x~ i~s~ {t~F~~~~ ~,~{s ~ ~~ + ~' i-:~ ~.~ + ;'," S ~. ~~~~~~~ a ~- . c ~.. . s .. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16, 2006 ~, -~ public. The Commission should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental a' problems of which staff is unawaze. a' `_' H. That the proposed use will not result in the destruction, loss or damage of a natural, E> =~~ scenic or historic feature considered to be of major importance. r-: `~ The Planning & Zoning Commission finds that the proposed development will not result ~f in the destruction, loss or damage of any natural feature(s) of major importance. The "~` ~ Commission should reference any public testimony that maybe presented to determine "" ~ whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unawaze. ..~ 2. Private Street Findings: t; t,° a. The Design of the private street meets the requirements of this Article; `'~~~ The applicant shall comply with the private street design standazds listed in UDC 11-3F- ~;; ;,; 4A and condition of approval #1.1.5 listed above in Exhibit B of this staff report. b. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and If the Applicant complies with the conditions listed in Exhibit B of this staff report .I , pertaining to private streets, Staff does not anticipate any hazard, nuisance or other -.~.~ detriment from the private streets if they aze designed and constructed as required by UDC 11-3F-4. ,_:: c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. Staff finds that the use and location of the proposed private street do not conflict with the Comprehensive Plan and/or the regional transportation plan. ., ,, ,., ~,, f, ;: ~~~ . kl'i.i ty it,: .. }.':': l 1~ i y~ C ~ +~'~ ~~ ~~ ~ f ~ y ~~y '~~uR~?E ~~ ~F x ~ ~ ' ''4i~ ~R'y~.~, pa ~ J f J F 4'~1• ~l .~ ~ .5.~ I ~7{~~ ~ 4'. k r V ~M '1 ~ .. ~ .~y~ ~~ yA ~J*~~~t ~'~'` ~ti { mi 3X.~~~ `; _ Ei _t.~c fit ~t°'v~r ~ ~,*f,, '~ t « . I "1~. idY ~ .ti` i~-#~ .r a ., c ..c~ ~... - fal, rY Vic'- ~ ~°j' ~~'^ _ . ~ ,~~ H r -~ k fi. ta~ ~~~Y t ~ 1 ' . hh r~ ~~~ .'~~ nh _ o ,~ ..ri a s g ~ us r Cj~A c.l -~n ~`3 ~'~ _ ~i 't. l:.P`.`t Si ~ ~~~ '~-~', l ~` fr _. P~., .;~ ;r;: ~, _ T .,1 ~,: `;; ;;<~ ..,,~ >;. `' ~; June 18, 2007 AZ 07-006 MERIDIAN PLANNING 8~ ZONING MEETING June 21, 2007 APPLICANT Stanley Consultants ITEM NO. 4 REQUEST Continued Public Hearing from 5/17/07 -Annexation 8~ Zoning of 94.69 acres from RUT to a C-G Zone for Pinebridge -south of E. Fairview Avenue, east of N. Locust Grove Road and west of N, Eagle Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet /Attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See Request for Continucnce CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT; CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Nlatedals pr®~eMed at public meeflngs shall become prop®rly of the Criy of Meridian. T.X ~. fir.: F a F~rr ~ k. ~ y ~~~,,.. E t~'Y'i~ ~ ~`tE~~~ f a K r ~ x r~ 4 ~ r ~, .1 P ~`- 3•' F~ ~ ~ ~ ~. ~ .H1 y :1 t F ~ fi ~. max' Y'S., A.r , t . F~{ r~~ ~ ~,`Y ~" „fi iy 4 ~ ~ T,~ ~ pjr vfiL, 't i ~f r ~ ~: 3 ~~~~ '~ ~ r~ ~ ~~~ d ~:r ~ ~, ., ~~~ +~ a ~~ ~;;+ -! i~ S` ~~ ~ ter ~ I l A F ~4~ ~ ~~ I} Y'• i ~ ; +~~~, r ;Sty Y i .r °'~R i - :t ~-~r' _ ,:: -: z .,~ ~: ,__. ~;, -;, June 18, 2007 RZ 07-010 (F, r. - MERIDIAN PLANNING & ZONING MEETING June 21,2007 `;.. APPLICANT Stanley Consultants ITEM NO. ,r~ E ,~. ~~ REQUEST Continued Public Hearing from 5/17/07 -Rezone of 75.67 acres from ~~ ' I-land L-O zones to a C-G zone for Pinebridge -south of E. Fairview Avenue, :, :' °~`~ east of N. Locust Grove Road and west of N. Eagle Road ~; x~ ~; AGENCY COMMENTS °~ + CITY CLERK: See AZ Packet '' CITY ENGINEER: E-, -;,~ CITY PLANNING DIRECTOR: ~:~, r~::~~~ CITY ATTORNEY ~~ - 4 _ {'.'. , r~,', r: ~~ ,_ is' r? ~; . ,,, ~i~~ ,,< ';'~ '':1 CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: _ Phone: Emailed: Staff Initials: Materials presented at pubpc meeftngs shall become property of the C(ty of Meridian. «, ,~ F ~ ~.. e~--Y °,? ~~~t4T ryi~.1 s ~''1 S %A ~!f h 1 ~ ~s~y K t ~ i .'c ~ ~ -x ~ Y,4y{ is ~ ",~,~ 4 ~ f`". ~( ,;~ ~r .~:.~ . ~'~~ h ~r 1 ~~ t K i~ ,y b ~ ~~'! jJ +i. ,:Fier, # ~~ti i 1 ,V'. ta~ b y-;,, y~~c ~3~~tk~ , n r. I. ~' ~: ~~ - ~. ~' ;l 1 , ~ 4 S. _ ( i ~~' !~ ~ . ,+ It ~` 1. ~~ >r i;;V ® • June 18, 2007 PP 07-008 MERIDIAN PLANNING & ZONING MEETING June 21, 2007 APPLICANT Stanley Consultants ITEM NO. 6 ,;' REQUEST Continued Public Hearing from 5/17/07 -Preliminary Plat of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridge - south of E. Fairview Avenue, east of N. Locust Grove Road and west of N. Eagle Road ;, AGENCY COMMENTS ,.:'~,! CITY CLERK: See AZ Packet :~„ ~'. CITY ENGINEER: CITY PLANNING DIRECTOR: ;~ CITY ATTORNEY -,,,. `" CITY POLICE DEPT: CITY FIRE DEPT: ;. CITY BUILDING DEPT: CITY WATER DEPT: ~~ '~;~; CITY SEWER DEPT: ,~r: CITY PARKS DEPT: r. ~;y`~` MERIDIAN SCHOOL DISTRICT: ~' SANITARY SERVICES: '~°~ ADA COUNTY HIGHWAY DISTRICT: ~'; ~, ;~~~.~t~= CENTRAL DISTRICT HEALTH: ,~ NAMPA MERIDIAN IRRIGATION: ,s- }: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: ' Contacted: Date• Phone: =a,, ' ~ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CNy of Meridian. ~ ~~~~~: - <s ~; ,=,rt r~ ; ~r?~,,, ~~~~ ~` ~ ~ ~. .:.. 1 ~ ~ ~ ~~: ~r?>>~....__. ~~? ~`~ ~.._~ x~ LjY.'rf~ F3'" i i-:,Yq ~ f .:~ 1~~ b-~ ~ +~ .- 4 _q ~ ` i.,, ~ f T{? `}5'y~V ~ l?ki -' fir{ { h~MV~{~cY '..1 ~~if~t M1^ ~~S ~ ~t ( y `~ 3 ~, ". b ,y. 4 ~: ~.;, f<' z. ~: = ,.' ~:: Py, y; ,`, :~:. ,~,.:: , pT ' . x k 1 p. S:'' ~,-',. F' ;~~ ~"., yi!,~,. ~~ '~ ~~,-~~. f._ ., i. June 18, 2007 AZ 07-011 MERIDIAN PLANNING S< ZONING MEETING June 21, 2007 APPLICANT LandPro Development, Inc. ITEM NO. 8 REQUEST Continued Public Hearing from 6/7/07- Annexation 8~ Zoning of 1.5b acres from RUT to an R-8 zone for Amar @Wapoot - 2400 West Wapoot Drive. AGENCY COMMENTS CITY CLERK: See Previous Item Packet /Attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shall become properly of the City of Meddlan. fi ~.t~ .~.~ V~~~+` Y ~ f._ ~: 1 ~. ~ji} ,..' . '' `.§, ~~~,`~~,, J s;d; ,~w s ~'.. f. ~ ~h x ~Pce 1~3~' G F { F~' ' T~f. 1~Fy ~'. ^~~e.-'r t -.. a~ ~~ ~ r'.' .rye&~ : F. "!! s~,~ a~ ;~ ~,_ C + _ . V r } I l t ~ y~ : .. `3 . f . ~. . f. .t ~` N ~ . t .~ 1 4 i~ ~' W,. _, _ p ,.- ~ i ~.. s ~^ ~~ 3 ~a . ~F r ,.i~. l i F ~h' _~ ~', a N ` ~` '' June 18, 2007 PP 07-011 MERIDIAN PLANNING 8~ ZONING MEETING June 21, 2007 APPLICANT Ustick Marketplace, LLC ITEM NO. 9 1`' ~~ REQUEST Public Hearing -Preliminary Plat for 18 commercial building lots on 18.5 acres in a C-G gone for Paramount Commercial Southwest -Northeast comer of North Linder Road and West McMillan Road. AGENCY COMMENTS ~' ~', ~~.: ,. Y !~ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: See Attached Memo for Re-Noticing ~, ~; ,;,; ~~ : . 'y,~'ki',.. •nf~ ~- _ h';. _ , €~~ _ ~;1,.> ~:: ~;.~~ ,: ~. <; ;< :~-'- r ;~ ~~~~ t '~ No Comment See Attached Comments See Attached Comments OTHER: _____r_ Contacted: Date: Phone: Emailed: Staff Initials: _ Materials presented at public meeflnps shall become properly of the City of Meridian. ~~ ~ '- F~ ~ ~~ Ya ~~{{ 4TT' ~ AtStr,~~TS ~f ~'~ t .._ a `. 0 t}MZ f ~L~; :~~t"C M k ~3, ~~,.i, ~t~..,: N_:.3. ~H:s €t ~'SSd ~'~ d l ~ RY ~ ~s' a ,;,r x rr ^ ~, 1':: ?~, ~~aC .__,... c ,rr t i' i; June 18, 2007 AZ 07-009 ~~" MERIDIAN PLANNING 8. ZONING MEETING June 21, 2007 F APPLICANT James Prather ITEM NO. '" °~` REQUEST Public Hearing -Annexation and Zoning of 22.67 acres from R1 to C-G Zone for a, ~:-x Queenland Acres - SE comer of South Stoddard and West Overland Roa t~ r':; > `°'~ ''~ AGENCY COMMENTS ;~ 4: ~. `.' CITY CLERK: See Attached Memo for Re-Noflcing :~. ~~ , CITY ENGINEER: s,. 4 CITY PLANNING DIRECTOR: ~. ,- `.,';> ~ CITY ATTORNEY r. '` V' CITY POLICE DEPT: CITY FIRE DEPT: {. ,~: ~~~` CITY BUILDING DEPT: ~~` P,A CITY WATER DEPT: ~_ y. , ,. CITY SEWER DEPT: No Comment fi'~`=~` CITY PARKS DEPT: ~;., :. r ;`k~:-~1 MERIDIAN SCHOOL DISTRICT: "'''" SANITARY SERVICES: ~ `~ ~- ~~:'. ADA COUNTY HIGHWAY DISTRICT: ~' CENTRAL DISTRICT HEALTH: No Comment `r .:J ~~ NAMPA MERIDIAN IRRIGATION: See Attached Comments f ~~;~~~ SETTLERS' IRRIGATION: <-~. ;. _.;, IDAHO POWER: ,..., ~ ~'. INTERMOUNTAIN GAS: ~: }" OTHER: See Attached Letter from Mark Greenburg A. ~' ' ` Contacted: Date: Phone: Emailed: Staff Initials: t:: '~'~~"'~ Materials presented at pubUc meeflngs shall become properly of the City of Meridian. ~, n :~ ,~ _ ,, ~ . a ~ ' ~_` ~~~ ,~ ,N .~. M r~ u? ~ . , „r '~ r ~~~ x;r ' < ~ ~' 5~~' 1 '~c~i 4 if ~~~k ~y~r ~,w f :'i ~~ ~ t'~ ~, as ~ ~{ a'r + `i ~"'0.`~~` 51 f a5~ ~ _...,t t.~;Fd n. F e x . ~ y~~ 7. ~ ~, .. ~~ `~ ~~:~~. 'i .~,~ E _~. a ~~ -~ <, ~ ~.~ ~, .' a s ,~ ,: ~`' ~a~~ y L.., v,~ i~ ~, ~, ~~. ~C .. i.l ~' i is ~I. - ~r,.:. ~~ ;, ~ ~ F ~ 1 F ~" ;:~ i 1 .'~ ,.. :t~ f'" ' I 1 t June 18, 2007 RZ 07-012 MERIDIAN PLANNING 8~ ZONING MEETING June 21, 2007 APPLICANT Valley Shepherd Church of the Nazarene ITEM NO. 11 REQUEST Public Hearing -Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian - 150 Maestro AGENCY COMMENTS CITY CLERK: See Afta~hed Memo for Re-Noticing CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See AffaChed Comments CENTRAL DISTRICT HEALTW: See Attached Comments NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Affidavit of Si gn Posting /See Email from Dion Burch Contacted: Date: _ Phone: Emailed: Staff Initials: Materials presented at public meeflngs shall become property of the City of Meddtan. Y ; .., y . ~x `~~~ 4~ R~ S",~ ^ b ~1~ f- ~'^PF :.. '~'k ;~j,a u :~?:, _ .~;~ i3 n d'~~.'~y ~..k ~ iy f}~ i f ti~~4 ~ ~..,, ~~,r!~.- ~ .` iYt-- -.~;+,:A L,~~ ~~ .. F . C~ Vi'i` ~~ }' ~' ,'- ~_*;. r i m- •3 9 . ;~~,~ e .: r ~. it ;~- i~ I'~ IF ].. j , .4~A s'f; ~: ~~` June 18, 2007 AZ 07-010 " r' MERIDIAN PLANNING 8~ ZONING MEETING June 21,2007 ,,.,..,. APPLICANT Ahlquist Development, LLC ITEM NO. ~ Z ~_' REQUEST Public Hearing -Annexation and Zoning of 6.67 acres from an Rl to a C-G zone for Gardner-Ahlquist Gateway South -SEC of Franklin and Eagle Roads AGENCY COMMENTS CITY CLERK: See Attached Memo for Re-Noticing CITY ENGINEER: CITY PLANNING DIRECTOR: '" CITY ATTORNEY _; CITY POLICE DEPT: .~~ CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ',p<~ __ CITY SEWER DEPT: No Comment , CITY PARKS DEPT: ,. MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: 1 ~ ADA COUNTY HIGHWAY DISTRICT: .~ 1 '~ °' CENTRAL DISTRICT HEALTH: See Attached Comments ,,~_, p NAMPA MERIDIAN IRRIGATION: See Attached Comments ; " < ~~ SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: ~:' ~: OTHER: }" Contacted: Date: Phone: Emailed• Staff Initials: - Materials presented at public meetinss shall become properly of the City of Meridian. :. a ~ ~.-ate -~ ~::,~ r t ,.;,~ ,~ r ~~ ^-c a ::~,r3 .. =i ~ N~ ~ , ..,,.x .. ~'~ {{ .,~~:~ ki^ ff4~; ~' S 3;~r''f:~,i: ~?.. ~~ . s ~` '~'~' ~ "'~y s=~ ~ ,;~, s ~~ - x z ;3}~ ~ M ~ ~~ w~ } ~5 '~~ z t rf~ ~r- ~ ~'~ ~ 1 ~ S `~ ~ ~ ~;' ^'~ " ~, .,".:M} ,~ ~~~~~ _,a, a~.. , ~ ~ ~'. 8 ~'1~ y ~5 ~ ~h ~~ i~!^ ~Sh..~ y. t ~ r .=': .' • f ;, ,.. ~; -,t~;; ~, ~:: ,~ , _ ,.~, ~;£ ':: #~ri June 18, 2007 PP 07-012 MERIDIAN PLANNING & ZONING MEETING June 21, 2007 APPLICANT Ahlquist Development, LLC ITEM NO. ~ 3 REQUEST Public Hearing -Preliminary Plat approval of 6 (ots on 6.67 acres in the proposed C-G zone for Gardner-Ahlquist Gateway South -SEC of Franklin and Eagle Roads AGENCY Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shall become properly of the City of Meridian. CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: ,~ ";. ~`~'~ i ~ ;. ~ r~«"~,~; ~:~ ~ ~y ~ 4 ~; b r~~' s;~5 y ply ~1 A ~ F.x~ ~~y$r R yyit1 L~~ 1~' ~ +~ N'Y 4.F,~ rY1~ .1~ }i V31x'?Sri ~~_ }^ ~ 'iii~{ J #~' ~ ~ ,P~ ~' ~ ~. ~. ~ ~;~k~ a ?'^'~"A ~~ ~'~~ °, See AZ Packet COMMENTS - :.~: .xF ., %~" ,' t~ =:4 ~: ; ~.: i~~ .:~` ~.rc~,> ,y. . -, :;~ ~,~ r ~,. {' ~~° 1 e • June 18, 2007 CUP 07-009 MERIDIAN PLANNING 8~ ZONING MEETING June 21, 2007 APPLICANT Kimball Properties/Winston H. Moore ITEM NO. ~ 4 REQUEST Findings of Fact and Conclusions of Law for Approval -Conditional Use Permit for a drive through window in a C-G zone within 300' of a residential use and another drive through window for Louisiana Fried Chicken Drive thru - 2845 E. Overland Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: [~ CITY BUILDING DEPT: ~~~ ~~ ~~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ~ Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. ® • I I I A~ app ~p~p~9~ ,~ _ r ~. .~ ~ 'City ®f ,eri ' e rnr' ~~ ~, j ~ ~~, , i CITY of MERIDIANCity ~ e~ e~`l~r ~~~- ~~~~, ~; FINDINGS OF FACT, CONCLUSIONS OF ~,F e ~~:~+~9 ~,~ ~~.;s rr ~. LAW AND DECISION & ORDER ~'':~ In the Matter of the Request for Conditional Use Permit Approval of aDrive-through Establishment within 300 feet of an Ezisting Residence in a Residential District and within `~': ;;. 300 feet of Another Drive-through Facility, by Kimball Properties ±~~ Case No(s). CUP-07-009 r `.; For the Planning & Zoning Commission Hearing Date of: June 21, 2007 f-, ?~ •';~~ A. Findings of Fact ~~ 1. Hearing Facts (see attached Staff Report for the hearing date of June 21, 2007, µ ~ incorporated by reference) 2. Process Facts see attached Staff R ort for the hearin date of June 21, 2007, ( eP g ` - incorporated by reference) :~.,;: ;::~',' 3. Application and Property Facts (see attached Staff Report for the hearing date of June 21, ' 2007, incorporated by reference) t~~;;' 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 21, 2007, incorporated by reference) ``~ B. Conclusions of Law <''~:~~~ f-.:3rf.'a' 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use ~.r~.:;; Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §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 established the Impact Area and the by ordinance The City of Meridian has thereof , , . Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. ~'~ 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-009 LOUISIANA FRIED CHICKEN ",,. s ?if.,c~f~~ F a1 i {. S ~ {yk~~i~ ~:t ~ f '7: ~ i~r 5 ~. ~ ~ ~ - qh } t' + ~y' Y ~Z': yy fR ~a 1 V:~'l ~a ;~~ 7 1 ~ u j~~ '~ ~ - f fJ X v f: 1 ~ ~ ~] ~ y ~i 4, y V 1 A,j may- ^ ; ~ ` ~ +~. .'yY ~', i ry L ~k '~.. .. ~ti•as f w. <~ ~v . ~ _~ _ $ . ~•~~ 1 ~"fly. s;.,. - d'~ ~7 iJ ~ -0 tom. ~~ ~' ,. ~ r t Y .( 3 - I ~.v... - 5.: ~ ~ `~ ' 1 ~.4.-~f 7 N S ` ~ +4~~ f¢~ / 4 f fifY ~, ~ • • ~N ;.. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. ~,;'' S. 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 Chair of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Site Plan, Landscape Plan, Elevations, and Conditions of Approval, all in the attached Staff Report for the hearing date of June 21, 2007, - 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 § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: x 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated August 30, 2005 is hereby conditionally approved; }. 2. The applicant's CUP Landscape Plan as evidenced by having submitted the Landscape Plan dated August 12, 2005 is hereby conditionally approved; 3. The applicant's CUP Elevations as evidenced by having submitted the Elevations dated ;> August 30, 2005 is hereby conditionally approved; ' ; ~ 4. No modifications to the site specific conditions were made at the Planning & Zoning Commission hearing; and ., "` 5. The site specific and standard conditions of approval are as shown in the attached Staff . ~`' Report for the hearing date of June 21, 2007, incorporated by reference. ~;, '~~<< D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a ~'-'~r-~ maximum period of eighteen (18) months unless otherwise approved by the City. ~;:,a a,_w r 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 I ,. _ r CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~;:r.a CASE NO(S). CUP-07-009 LOUISIANA FRIED CHICKEN ~. Y , 4 1. y y "~'~~ q w,~ ~ ~ .±,M+A,r ~~ , t ~ '„ ,`- ;;~~ , ~ , .~ ~4 ~ 4 iL~ ~Y k ~i" I~ N € a; rajye t .<;;~ a ~r:.h i t ~ ~ .; wx:k a(n tit}1h { ~~fi i ~ ~ 3 "'x ';kE y r ~ <<y ~ }r .~ a , _,~ ~ `3~ ,, ~ ~ ~i ~ ; ` ."~I ~: ~~ ~~ ~ ~ ~ '' `, _ ~r ~h~r 5 ,,; I,aiF .t 1 5f:'l ~ .. - "T" .. . ~:a3'x {~ f;i1 _ +,.h _i - F k {,. .~' 2f ~ ~ 4~ ~vw ~ _, R~'a ,~ ~ ~: ~s ~ ~ ' ' ~'~ r 1 -~, ~. ~';,~, t ~~ ~~. .~~ hu ~ ~~, ~5 : ~ ' #yt:~h ~ ~ _r^ t ~-',; i~4 ~'`~ '~' ~ti.. y " ::; ;. ~. r. ~. ~,.. ;,, >= ~; ', :; 't z::" ::'+s -~ ty, ._ ~ 3~i t ! • final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe 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 plat or 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval 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 June 21, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-009 LOUISIANA FRIED CHICKEN 0 F E t s~, f. ~ 3 t ,al ~ k ~: al~'f ~. ~~sy5 ~ f.: vJ i fiw p d "i 3) ~ S ~, T ~r ~ ~ ' ' ,~; ~t, Syy's r ,,zx r '.~ s ~;''~ 'l Y 7 4 r 1 Y r ~ I j "~ } { ~ ; ~~~ ~ ~.,. ~z fir. ~ / YtvJ'1 i r n''F~y.4v r ? ~' k ~ S C hS a' . ~4 ~ 1~ x ~.~ :R.~ »t:.tµw, a ~: I~ E -- ~ ~t i 1- ~~ 7,~ ~ t y~y~ ~ ~~~ 7 .~`Z . t +t ~ `t ~ }~ ~ r ~`: ~ ~~~ i e ~ ,• ~ -K r" ,T ~~~p 5 ~7~'~''! } _v x G. By action of the Planning and Zoning Commission at its regular meeting held on the ~" day of , 2007. COMMISSIONER MICHAEL ROHM (Chair) COMMISSIONER DAVID MOE COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER TOM O'BRIEN COMMISSIONER STEVE SID] Attest: \\\`~,,, ~ i i i i i i i i i;;;;, ~ ~~ ~~ ~~ Sara Green, Deputy City C1 k ~ n e _ ~~,~~~ ~~~ ~~ ~ Copy served upon Applic"~if~ "~l~n~i~I Attorney. ~~~'`~~''~ ~,~1,~"~~f ~ • ` ``~,~ VOTED VOTED VOTED VOTED Public Works Department and City By: O~JI~y Dated: ~ l `~~~~ City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-009 LOUISIANA FRIED CHICKEN tbkn .Y.z ~'P'' -?I ,t~Q v }!k ~~a ~ .~">~ ~ . „'.t + '~'?~r~ ~r :? 3' i' 1:' ._'f ,~k~ ~ *~"`~ :~'a` -,. ~. Y~,~` [ h .~N~ Y ~. i~ 1 "i ~+17~ ' - r !~: y ~xP^,~ t }.~~ 1~~ h"~'~.IJ~ i ~. ~:~: E e.j'~ _. ia:y ~ '_ rr_ ti ~ ~ 4;` e als ~: ik I:. i~ ~~ _ r- - ~," ~' T' ;; C M x _ i I~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 21, 2007 P t. STAFF REPORT Hearing Date: June 21, 2007 ~;" '- ~: ra+~° .~ z~ ~~ ~ ~ ' ~~ TO: Planning & Zoning Commission - FROM: Sonya Wafters, Associate City Planner ' ~~ ~ , _ 208-884-5533 '~ ~ ` ~00~ SUBJECT: Louisiana Fried Chicken Drive-through ~~`'`?~a~,~ r _,,,,_ ,,,F~,~*~- t ~ ,, i city IVleridian _ • CUP-07-009 City Cles'li ®fFice ~.: Conditional Use Permit for adrive-through establishment within 300 feet of an existing residence in a residential district and within 300 feet of another drive-through facility, by Kimball Properties. ;.~~ 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST ', The applicant, Kimball Properties, has applied for Conditional Use Permit approval for adrive- through establishment within 300 feet of an existing residence in a residential district and within 300 ~° _'? feet of another drive-through facility. The subject site is located at 2845 E. Overland Road, ' approximately % mile west of S. Eagle Road on the southwest corner of E. Overland Road and S. '- Bonito Way, in the northeast corner of Section 20, Township 3 North, Range 1 East, B.M. >;:, The property is currently zoned C-G (General Retail and Service Commercial District). The applicant is proposing to operate a restaurant with adrive-through window in the existing building on this site. ~-t The drive-through is proposed on the southern portion of the existing building. Restaurants, retail stores, and drive-through windows are principally permitted uses within the C-G zone. However, the Unified Development Code (UDC 11-4-3-11) requires all drive-through establishments to obtain Conditional Use Permit (CUP) approval were adrive-through facility is to be located within three hundred feet of an another drive-through facility or an existing residence or residential district, prior ' to submittal of a Certificate of Zoning Compliance application. .:: 2. SiTNIlViARY RECOMMENDATION r s Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-07-009 for the Louisiana Fried Chicken Drive-through as presented in the "~ ~ ~' Staff Report for the hearing date of June 21, 2007, subject to the conditions listed in Exhibit B. r.;r.. 5;~:~.; ., ; 3. PROPOSED MOTIONS f; 'y: , Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-07- 009 as presented in the staff report for the hearing of June 21, 2007, with the following modifications ~~~! to the conditions of approval: (add any proposed modifications). ., ;,, ~;,; Denial r~=~: After considering all staff, applicant and public testimony, I move to deny File Number CUP-07-009 -~: as presented during the hearing of June 21, 2007, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit and what the applicant may do to gain your ~~ approval in the future.) I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on July 5, 2007. ~_~ ': Continuance .; ; After considering all staff, applicant and public testimony, I move to continue File Number CUP- 07-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (you '='=~s'' should state specific reason(s) for continuance.) -;~~ , -..M~ °'w"'" Louisiana Fried Chicken Drive-through CUP-07-009 -Page 1 ~f:~,~ §~s s ~~f a~~ ~~ ~.h~ sl ; ~„~ g9g ~~~~~"~ 5 • sw t Ir4 # ; s ~~ „ <a ~~n*t a ~~~,~~ ..a~.ra -~~~ a , -: c tea. . ,.1. ~~ r,rfy - i `~'`~ s 1. z ~.,~ i ~ 3i f' ~.d - ;x ~u . z t~~ ', e ~;' ~ ~'?.k psi i a,-~,~,,,~~,, ~~xE. y' ` ;~• 41t ~y~yy } ~~ :~ L < i;'° ~ 2~ 2 f~ ~ k~~ kax ~~~ ~~ Sir .:,~. ~ ~»c~ ~n ~~~tia grr ~y~ ~ r, ,b r r ,, v `l ! • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 21, 2007 `' :~ 4. APPLICATION AND PROPERTY FACTS F'""' a. Site Address /Location: f. 2845 E. Overland Road (Lot 4, Block 3, Bonito Subdivision) -~ ' Section 20, Township 3 North, Range 1 East ~ ` ~ ~ Parcel No.: 81022760210 '' s : b. Owner: :: _ Kimball Properties/W.H. Moore Company .n, P.O. Box 8204 ~~ ,-<` Boise, ID 83707 ~,- ; c. Applicant: .:., 5 °:~`-= Same as Owner ~';; d. Representative: Jonathan Seel, W.H. Moore Company ~... , ~~;~ e. Present Zoning: C-G (General Retail and Service Commercial District) ~~~,~ f. Comprehensive Plan Land Use Designation: Mixed Use Regional s.~. >r* ~.-_f' g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval ,, ~y , ~;. -; for adrive-through window within 300 feet of another drive-through window and an existing ~, ,, residence in a residential district. The drive-through will be located on the southern end of the :~:: existing building as shown on the site plan. ~:"' 1. Date of Site Plan (See Exhibit A): August 30, 2005 ```;'~ 2. Date of Landscape Plan (See Exhibit A): August 12, 2005 ~... "'°''`~~ 5. PROCESS FACTS ~~~.~~ a. The subject application will in fact constitute a conditional use per City Ordinance. By reason of ... p P g q g g ` "` the rovisions of UDC 11-SB-6, a ublic hearin is re aired before the Plannin and Zonin Commission on this matter. b. Newspaper notifications published on: June 4~', 2007; June 18`x, 2007 c. Radius notices mailed to properties within 300 feet on: May 30~', 2007 >f ~;~ i d. Applicant posted notice on site by: June 7~', 2007 ~,„. ,; i 6. LAND USE i Y ``' a. Existing Land Use(s): Commercial b. Description of Character of Surrounding Area: This area is a rapidly developing commercial area ~~~' with existing restaurant, office, retail, hotel, gym, and service oriented uses. The site is ```'"'"~° surrounded by commercially zoned property on the west, south, and east, and existing residential ~' ~:_ J homes to the north, in Ada County. "3''~~ c. Adjacent Land Use and Zoning: ~: ~.. j - 1. North: Residential (Overland Way Subdivision), zoned Rl (Ada County) ~' ` .''" 2. West: Vacant, future commercial property, zoned C-G 3. South: Commercial property (Bonito Subdivision), zoned C-G ~. ,-.,, `~`'~ 4. East: Commercial property (Bonito Subdivision), zoned C-G Louisiana Fried Chicken Drive-through CUP-07-009 -Page 2 ~x ' _ ~. - x a •` ~: e ;. , ,,yy~ - ~ } ~jc{ f j TIC, - ~~~:. z z ~ as Z - r :t x< i- f ~ 4r ~ , ~, 's~ x ~ ~ a ~` ~~_ ; - '.~ ~ f ~~ ~z ~~ r ~ ~~ ~. F t ,~, ryY fu iy~. , ,.4 S~ ~~ i u s ~ y '~ f d'['p +i~ -' ~' J ~ 8 - R ~ YF =~ J ` ~~ F..,,,-4 ,,j e ~( ti r~ . ~. ~r'`- ~ ~~ ~ h , .e, WT f Y-^ q ~ 5~ y`~rA - ~ #y ; {~ J ~ 1'1 f - s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 '~= ' ~ d. History of Previous Actions: . ' - The subject property was annexed (AZ-O1-018) and platted (PP-O1-020, FP-03-010) in 2002- ~~' 2003 as part of Bonito Subdivision (flea El Dorado Subdivision). A Planned Development was also approved at that time for a Mixed Use development (CUP-O1-037). A Development Agreement (DA) was entered into with the City as part of the annexation and recorded as ~__ Instrument No. 103020830. An addendum to the DA (MI-04-006) was recorded in 2004 as _ Instrument No. 104107403. ~ ~'~~~ - A Certificate of Zoning Compliance was issued for the existing multi-tenant building (shell _z and core) on the site in 2005 (CZC-OS-113). - A Conditional Use Permit (CUP) for adrive-through window was previously approved for '~ ' Dickey's BBQ Pit (CUP-06-039) on the northwest side of the existing building on this site. ~! - A Conditional Use Permit Modification (MCU-07-001) was approved for this site that -,~; removed the design review requirement of CUP-06-039 for an 8-foot wide internal pedestrian -, , pathway from the perimeter sidewalk along Overland Road to the main building entrance. r. ~`' e. Existing Constraints and Opportunities: - q:.., 1. Public Works ~;,;r;. , Location of sewer: Sewer already stubbed to this lot. ,' ~`~ Location of water: Water already stubbed to this lot. ~s..? Issues or concerns: Routing of sewer and water mains z, ' 2. Vegetation: Existing fit 3. Floodplain: NA ~` ' ``' 4. Canals/Ditches Irrigation: All ditches were tiled with the subdivision improvements. t,~ -.,. `'~'~~" 5. Hazards: NA ~... ,~~~ 6. Size of Property: 2.5 acres (entire lot) U Y~ ''`"'~"'' 7. Description of Use: Proposed drive-through in existing 4,600 square foot building ~~ `'`'` ' f. Summary of Proposed Streets and / or Access: e~ The applicant is not proposing any new access points to the site at this time and none are ` approved. Access is provided to the site from S. Bonito Way, an existing roadway within Bonito r Subdivision. Direct lot access to E. Overland Road is prohibited. ~' 7. AGENCY COMMENTS ~..,: ~~~° ~' On May 18, 2007, a j oint agency and departments meeting was held with service providers in this s :'- ':' area. The agencies and departments present include: Meridian Fire Department, Meridian Police ~{ y'' Department, and Meridian Public Works Department. Staff has included comments, conditions and w~,''~ ,:_ _ . recommended actions in Exhibit B below. tF: ~ ~` 8. COMPREHENSIVE PLAN POLICIES AND GOALS r;~~ This property is designated "Mixed Use -Regional" (MU-R) on the Future Land Use Map. In 4~ _;.r~; Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is '~.; ~~ intended to allow a broad range of uses. ±' •= Louisiana Fried Chicken Drive-through CUP-07-009 -Page 3 ~,g.x ^ '~ r ty ~~ ~f ~ 1 ~• ~~~M1 Est ~ j~ x.' ~ ~ ~ ,. w, v K ~71F s ~ :, , ti ~ n 1 v 'r ,P ~ s t !° ~ ~,~~iaL ~:. ,~ - ~d ~~• dj .~'. ,t` ~ ~ - t5 ~ ~ rt~ la~'~L vT } _ ~ ! ~ '] ~ .Y hh ~F ''3 y v~ _ ~i. r ~ ~ z jf ~ ~ r E ~; sS ~ k Y~3 ~ ~ ~*7 4 ~~ qE s ,.~ r • 2 h a ~i H H '~ s ~y r' d ~1~?~'~:} ~t4 t f~ ifiE~"~l; r ,. i ~ ~ E~.. ~ t s'~i`i r ~-~` ~`Krr x x 5 ~ _ - 4 Y ~ ~i , }1 s__ {{ ~ et rii" I a YaY»~ ; 4 ~ t ~Fk $7 * ^ - ~ .}_`~ ~F - ::' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 21, 2007 ;, J. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): ~::~ _'` • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) ' ~ ~- When the City established its Area of City Impact, it planned to provide City sei-vices to the subject property. The City of Meridian plans to provide municipal services to the lands in the ~; following manner: -.~ ~ .Cnnitnrv .cmn~pY and water .cer^vice will he extended to the nroiect at the developer's expense. ~' =~~ „. - The subject lands currently lie within the jurisdiction of the Meridian City Fire f ~ Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands will be serviced by the Meridian Police Department (111PD). `'~ ~ - The roadways adjacent to the subject lands are currently owned and maintained by the ". w;.;. Ada County Highway District (ACI-ID) and ITD. This service will not change. ~~,~~'~ - The subject lands are currently serviced by the Meridian School District #2. This service -- will not change. - The subject lands are currently serviced by the Meridian Library District. This service ,_ ~ will not change and the Meridian Library District should suffer no revenue loss. 4; ` ~,!~ Municipal, fee-supported, services will be provided to this site by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the E ~ ~ Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility ,l Billing Services, and Sanitary Services Company. ~"' ~,.r' ~~~- • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal ~ III, Objective D, Action 5) ~ =~ The applicant is required to install and maintain landscaping on the site in accordance with ~`~`r:' UDC 11-38. A landscape plan was previously approved by the PlanningDepartment with the Certificate of Zoning Compliance (CZGOS-113) issued for this site that complied with the ~~~ ', `'I applicable UDC standards for landscaping. Landscaping has been installed on the site in accordance with the approved plan. Any additional landscaping installed on the site shall y.~ ~" °'~^`' : comply with the approved landscape plan and UDC 11-3B and shall be maintained. . 3 ~ `~~' ' • "Require appropriate landscape and buffers along transportation comdors (setback, ~;;.,; ,;,: ~ vegetation, low walls, berms, etc.). (Chapter VII, Goal IV, Objective D, Action 4) '' A 35-foot wide landscape buffer has been installed adjacent to E. Overland Road, an entryway corridor into the City, a 10 foot wide landscape buffer has been installed adjacent w~ `'y~ ,,~ to Bonito Way. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter tl :~ VII, Goal 1, Objective B) ~ ~ %r •~ ~i Staff believes that the proposed restaurant use with adrive-through window on this site will ~ ~ ~;~`~"~ ~ ~ contribute to the variety of uses in this area. ~ < Staff also fords the following 2002 Comprehensive Plan text policies to be applicable to this 'j application: . _ • "The capacity of arterial ...roadways can be greatly diminished by excessive driveway } connections to the roadways. The City should cooperate with ACRD to minimize access Louisiana Fried Chicken Drive-through CUP-07-009 -Page 4 at~ ~, .kit _;. ~~ SS ~ r i% {~i T tE Zvi` ~ ~7~ u , H-'> S: ~SYAq ,5 e ~Y'S.CC "r ~~9 { o- , t^.1 ~, ~^~ r a p 4"" r.~ ~} I~j ka`~.i ~ ~f "l r.n r u~ ':i ~' ~~'cs~ ~,~ r k ~ ~r'.a 4 Y~ , y "^"f" ii ~ ~ ~x ~ ._~ .. ::yi~rt3.k ~~ x. J;~ ~ 1 } 1, 7 Y 1 _ L f f ;. ~~ ~~ ~Y ~ 6 ~ ~'~ - J~ . ~, I I }. fl, '° ~' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 21, 2007 ~? `' ;:i points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) £ ` r ~ • "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of fi' ° , ; existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ;_ ~ w ": • "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, '-= ~: #5, page 107) ~ ; Please see section 6.f. above for details on access provided to this site. . . ., 9. UNIFIED DEVELOPMENT CODE ~. {. a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive-through facility as an ~~,~~ _ Accessory/Conditional use in the C-G zone, with Specific Use Standards for Drive-through a , ~'~ ~;; Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive-through ~'~-~` Establishments require Conditional Use Permit (CUP) approval for drive-through facilities that `° are within 300 feet of another drive-through facility or a residential district or an existing residence (see Section 10 below for additional specific use standards related to drive-through establishments). The subject property is within 300 feet of another drive-through facility and an ~~ ;~~. existing residence in a residential district. b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses n . .; which are customarily operated or almost entirely within a building; to provide for a review of the ~~~~-~ impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services, as well ;~; as retail sales for the transient and permanent motoring public. S ', 10. ANALYSIS ~~~ a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed site design as presented on the CUP site plan labeled as Sheet SP-1, dated August 30, a'= : 2005, and the landscaping shown on the landscape plan labeled Sheet L1.0, dated August 12, ~~ ~=' 2005, with the following comments: Landscaping: The landscape plan prepared by Sterling Landscape Company, dated August 12, ~~ ` ~~ 2005, was reviewed and approved with the Certificate of Zoning Compliance (CZC) issued for '` ''' `~~' this site. No changes have been made to the landscape plan submitted with this application. ` `~~~~°' Parking: Parking was reviewed and approved with the Certificate of Zoning Compliance (CZC) x~°'"~ `~~ issued for this site. No changes have been made to the site plan submitted with this application. Goa%.;: ~ Access: Access to the site is provided from S. Bonito Way, a commercial street within Bonito ,... F3;:fi;~'. Subdivision. Direct lot access to E. Overland Road is prohibited. f ~ .I Specific Use Standards for Drive-through's: Staff is generally supportive of the proposed . drive-through design, and fmds that it meets the requirements set forth in UDC 11-4-3.11, which states that "a site plan shall be submitted that demonstrates safe pedestrian and vehicular ~,,, access and circulation on the site and between adjacent properties." UDC 11-4-3.11 goes on to B~^ `` - ,~J state: f~ r.x• At a minimum, the site plan shall demonstrate compliance with the following standards: t`~ ?ils= `' • Stackin lanes shall have sufficient ca aci to revent obstruction of the ublic ~; - -. ~ g P ty P P right-of--way by patrons; r • The stacking lane shall be a separate lane from the circulation lanes needed for access ll.: .q `` ~: ~~ and parking. ,;~i ' „~ Louisiana Fried Chicken Drive-through CUP-07-009 -Page 5 4 ~ , `~`i ~ u mx2,. ,3~`r rrr r~' ~3i tNif t f~ Y ~ Y~~y / } _ ~: ~ ,?~5~~ S tm kk } f ~ ye t . yz~ ~ a~ , i 7 1 k3'~ - 1? 1 ~ ~ 'x' k ~a~!~~_ .. _.- ~ •,: xn h a i 3:~ s' 2 ~.~r, ggi:~. ,~ i C ~4Li ~~ x ~ N ~ ~ ' s a ~~ t .: s~ ~~. H'.r L :~a t _~ a,g , ~~~ Y3~ ~p~g5 Si~"~~: tt ~' -i ~ ~ X ~~ c ~~ ~ ~ ~'r C..H :~F ~;i2 ~ ? ~. 4.'~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 7~ .•; ~;:,; • The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; `' ~ : • Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. '~ • A letter from the Transportation Authority indicating the site plan is in compliance €k°"~ ,., with the authority's standards and policies shall be required. t' ` Staff finds that the site plan submitted with this application complies with the specific ~: ~~' use standards for adrive-through establishment, as set forth in UDC 11-4-3.11C. `'~ Certificate of Zoning Compliance (CZC): The purpose of a Certificate of Zoning Compliance _ `" ~~ ` (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use d d/ ' `` `" an or complies with all of the provisions of the UDC before any work on the structure is starte ~,> n: T=. the use is established (iJDC 11-SB-lA). To ensure that all of the conditions of approval listed in €<.;`` Exhibit B are complied with, the applicant will be required to obtain a CZC from the Planning f`. , Department prior to receiving occupancy. With the CZC application, please include the following ~~: , additional information on the site plan and/or landscape plan submitted with the new CZC for this ~~=` ;~ : site: , '~', ~, • A "Do Not Enter" sign should be installed in the east end of the planter island on the ~= ': east side of the drive-through lane on the south end of the building where traffic ~` ~'' exits. This provision should help to prevent cazs from entering the drive-through from ~. ~ ~ the wrong direction; please include signage on plan. ,~~ ~" '~ Design Review: Because this site is located on an Entryway Corridor, Design Review would ':""' typically be required per UDC 11-3A-19B5. However, the CZC approved for this site was issued r~' '; prior to adoption of the Unified Development Code, which requires structures located on property ;„ ;` adjacent to an Entryway Comdor to comply with Design Review standazds as stated in UDC 11- `-. 3A-19C. Because the architecture of the building substantially complies with the Design Review ` standazds and has already been built, Staff is not requesting any changes to the building fagade, :; pedestrian walkways, or parking areas. ~ f b. Staff Recommendation: Staff recommends approval of CUP-07-009 for Louisiana Fried Chicken drive-through, as presented in the Staff Report for the hearing date of June 21, ' 2007, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of ~, ~~ ``1~ approval as listed in Exhibit B. ~~ ~~ .~± ~; A. Drawings . u ., 1. Vicinity Map k ,4E;-' 1 2. Site Plan (prepazed by Larson Architects, labeled Sheet SP-l, dated 8/30/05) ~~~:>.;`~;` 3. Landscape Plan (prepared by Sterling Landscape Company, labeled Sheet L1.0, dated Er..k,~, 8/12/05) t ~. 4. Elevations (prepared by Larson Architects, labeled Sheet A-2, dated 8/30/05) t- ` B. Conditions of Approval ;~;r 1. Planning Department "!~~ R 2. Public Works Department 3. Fire Department tit; . , s • *' Louisiana Fried Chicken Drive-through CUP-07-009 -Page 6 ~R" ?` ~a s i" i"' 1 .~f, t ~~. 1 1 ~. ~, ~,~~~ ~: ~~~ ~ u ~~raeF 6c:!g it _ ~ ~ "' i ~'2-.n a ., W'h° F fi/~~l a' ^y~ ` ~l } ;, s .~ ~;1 f EL? w { _2 f tc q ~' 8 ~' ~4 Fist ~lh ~' F i~'i~ ~~~~ ~~ ~~3r ~ r i y u < ~g`t~.ff` + ~ ~ t ,. ,~ 4~ r yy ., .rty~.U~.. fy ~i~~ t.~~ t `£Y~h ~ ~~ S d a ~. .~ ..~~. ~t:Zp t _~ e ;j a= ~~ dg a '( n ~ ~~ ~ ,~ ~ ~ ~} 9 w ~ ~. ~ H~ 7 ~ .~~ r~ °'~ S!'k ~''r i ~' . 7 ~ y .. rF ~`~ 4 i; ~~ ~ iz f Cx F h '1' 1 . _ ~gp ~t~,+Fi~ Yy d ~ ~ gyn. ~ ~' ~ 4~ !.y ?~ q~: ~, ix,'t =- ::~~ -~._, v`,i -' {:.: :: ". '.5 ~7 ' ~.v.~ ~;, ~,, ~'. ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from Unified Development Code Louisiana Fried Chicken Drive-through CUP-07-009 -Page 7 a_ ~ ~~y. r yy,~ J /, 't t - ;~ f' k~ k ~ S~ 'h~Fee 4y+jj~rv ~~ ~~ 0 ]~ ~ ~ r w 11 fib ~k rx.1 F t r ~s ~- r .' ~ba" rx>t s-'" ~' ~~(a it r4' c n$(~t _ ~S~ 1 I, h ~' r, \... ,~y. A..n - 11 j ~ ~~ ~~~~ ` a ~ a~~ ~_~ r ~4~` ~~ ~~ ° ~~ ~~ ~ q ? r< 4 1 rY' ~F~~y, z ~ x ly .. ~` ~r ~~ ~~ Y~ ~ ~ A# ~f N T, }~ ~ ~'sr i '- f, ti k tl ~1 ~3iy ~ ~ ~. -;a F i ~ ~{. 'h t ~ ({ +i f 1 l,. ;~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 A. Drawings 1. Vicinity/Zoning Map Exhibit A ~:: -. <~' ~_ ~._ <: E; E':: - F:='; ,~ ~ ~. ,; r ~, F S ~ t r{ ~' ~ ~:: ~~ ~~ i'_' f ., f ': ~_, Per i ~" is ~:-~. ~,, ~, • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 2. Site Plan ~ e` aose-nes (saal puss wacr '~«ma o~as ~ oiz gym ~~ mroa ~via3no sr,~vvo ss~usma oavaoa-r~ 3 ~ ~ ~ n ,~„ ,.,, „~ ,~ ~,,,,p., - •~d 's~oa;gyasd uose'u~ zo oma~na w.~a oavaoar~ ~ ~ ~ s 9 I~ R 9 -Il ~~~ ~g g ~ 8 ~~t alp ' ~ ~u'r: ~ as~^=" o- I , ~s ~ o ~ ~ "" _ a ~ ~ - - ~,a i p\ 9~ _9~ ` i C lO ~e 3 1 ~~6 I~ i ~ e` ~ 4 i V ~_~ ~ '' ~_ ~ n~~ ~ i ~ _ ~~~ ~ ~ ~ i ~ ~ ~ F 1 ~ ~~9 ,' ~ ~ t~ - 1 ' GAP ~~ ~~C~ 4 e 1~ ~~ 3CS M ~- a - ~ ~ ,~ ~ ~ . y ~~ %r~ ~~ ~ ~ ~ i ~ _ ~`} ~P fps _ ~. ~ ~~' ~, ~ IS ~ ~~ ~ ~ ~a ~ Pawa~o --- ~ ~~ ~i i "~ ~~' ~ ~ ~ ~ ~ ~F aye . 9 ~~~ 1 9 i ~eGg d6a~ 4~~ ~'~ ~~G ilJ_fJ ~ ° eo •o ~ ~ ~ p P g a~ ~ ~ ~ ~- ~ ~ a a~ ~ ~ ~ ~~ ~~ ~ i ~~ • i r. .. ~`~~ g , __ t ~Q39 ~e39r ~ ~ :- L. _. __.^ _ _.__.__ __._ -_.__. __-_.__ ____ Exhibit A ~'= ~'~ ~ah f ' ~ s r ~ ~ ; <I 7 i n5 ,.~.~ ~C~ ~~ h"~ ~1 ~~ ri, ~Y ~t~~ ;Y }qj Z 4¢.~Y ~ ~" .~i T_' ti i; f P ~~ Y!'' (t s ,. -. ~ t ;3 ~i^!~ ,~; FS? i<`s r', ~~ ~r,i ~ t a ~~l ,~irr r t;3~ c -;~.' ~3k ~f~'.'k~s Gy 1'~, ~ r„ E~ a3 . -a _~ . t.. S .. ~~: ~:. ~ •~~, 3'~x 9 !~~`t _ ~i~A!' ~~ ! • ._ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 ~.Y. ,.~ s,` t ~- . k _. t.'y ~.. =: 3. Landscape Plan ~g 6~ t, to __ ;=__ _ ,~ i -- ~~~ ~~ ~. ~' ~L ; .~I e_e~ ~~ ~~, a. ~ --~ .t ve i v, :~_ .w _ _~ v J~ O 6 J 9 AO ~ ' eEVV , a^ He vte ®e o e eve . v® ~ ~~.-_1 Exhibit A qq~~ F l ,yam S'Y k W y ~`'~ tt~~2 ~r r ~,ry,~ ~~'+: - ,,j~~~~ ~ ~~ ~' r' # r ' t ~~ ~ t`~~k. ~ ~~ ~ r. 5 ~c .¢ .L R/^~j~ ~C 'Y ~."3~~ - . t .~ y~y,,{ .~4 f t r A r `' }iiTTy it k ~~!~ Y' ~ t i "' 3 ~tri ~~ i- ~~} ~v1~ Y ~ ~ ~4N~ ~t .{ :~ }~~ 3 ^4 ~~ h Jy f~ ti 5 p +: a x~ ~ ~~~v ~~~ tFt ~~4 S;~_ f ' LS i ~ ~~ ~ ,~ jr`~ ~ w ~ ~~~ ~ '~~. 1, .I .: a ~., y`a , (~• , ~~ ~~ c. i. + 7-~.~Yy~12; +p .~fx gym' ~. .._ ~: g I g n a~ ~~~~ ~ ~ ~~9 ~9~~0 ~~ ~ ~ ~§ e~~~r ~~ ~s~~ :. .. ~ ~~~°~ ~g ~~ ~ sae ~~ ~ ~~ Qr~e t a to a a I~~~ ~° ~~~ ~~~~a ° ~~ ~~ ~! ~~~a ae ~6~® gggg e ~ ~~ ~~° ~99~ ~9I ~~~~~~ ~a ~~ ~~ 0~! ~~~~~ d~ ~g~i ~~~ ~~~ I~~i ~I~ ~ggg~p~pp5~ ~~ppdd ~i~ ~ ~ ~ ~@~@ g~ ~~ ~°!~p @ ~~ 1 ~q I~< e g u ~ ~9ggPoEd~ e93 ®4 e~ ag~3 a9~E~ ~~~ mI~9 By e el 89~ ®E !~ ~6 ~ ~ ea~~9~~6611 -'t ~&B ~@ t eQE ~ ~ X301 ~i611 6~~~ ~~ ~ ~ ~ ~ I ~~ ,c g gg a @ EAST OVERLAND ROAD Ii ~, -}_ ~ ~ i - `I !~ ~ i ~ ~ ~ „I ~ v eevv vv ev ve n ~ 6te DI Eoe to Get '~ 0] ~, ~ ~ ~ ~ . e@ tt OF i ea! ~ _ .. ®tv i ~ l ~ ofu ~~~ - yva ngp ~tiA e.:c '~ ~ ~ I~.~ 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 4. Elevations .L]QdQrAl Bdl ®ID65'8/8fd l'BdI1HB 881 lIfQH{!l 82P-89 BB L1B lil ffi1LIG80 CmP Td ElY8l1¢III 405811 O f8.~1dm aosc-scs (ssz) ~y~ ~~~ 6tLE8 oWBI '~N8 e ~~ ~u ~ ww v® n~~>nwu. bY1dWtl0 663V61f18 OOtltl0(J3~ ~ ~ yaS Q ~ •d•d 's~aa~za{aiy uostroq ~ Dwa~te ~vvt3a oarroom3 ~ ~ ~ O oix. O ao. df0} as -•'°'~ ~~~ Exhibit A a. 1 I T pp Y f ~ S ~ Q !!~~ 1 Y~ ~ N~ fey Q -w _ 1 K - cal ~ O~a~ ~ ~ ~ Bpi 88 ~ i ~ Ei ~'~ I ~4 ~ ~ e ~ J Qao.. ~~ ~~ a 6' , -~ _ f a c ~9 ~~«.r Q.ou:. 11 - E ~ ~@ is ~ i",~ ~ -~ ~ ~-o.,.. -.. ~ ~~ - yy ~ R9 ~ ~iQ~ IIpQ Ocos. ~ ~ N~E ~ ~,~~~~. ~ ~~ ~Gg • b -4~6 ~,;r ii~~ 9 ~~ ~ ~, ~ r, ~' q ~ ~ ~-a. ~ E L fl( ~ I t IJ• ¢ ~ dQ i . ~, ~~ Je ~ .. r -C~JF .. i ~ ~y-.. `/'tlw t ~i~ ~ _.-_ ~__ b O ( ~ ~ _ ~ J n dC Y ~ < sit .t ~~9 a -Jbc„`yy~p ~~r~~~ ;~ x ~ f- k~+,i+ i )n 6 ~~ s ;S. 1 ~ < ~~ ~ Zvi r~ ems' 'T`~y~ ~' ,? , .K> ate- ~r s"~ ~ s ~+.~~4 ~" S vr~," ~ ~~ l« i~ t t ` ~ ~ ..-i ~i ~ 9 ~ ~~' g 3 '~ • ~ n `L ~ `r ~~~3` ~~ } !~ ~ ~~ a ~-- >7 k ~~. ~ } i ~~~~ k$ ~ ~ '~ ~K ~,4ki iz ~Y "~si~~~r I~< h '~ a~ h~d`^' a~. i. .. s.f ;. ~'t"X4 ~ }~ l ~ ;{ ~ $~1; Y 1 t , qq t ~y.{ k ~ q "~ ~ cwt ~ ~ _;ti ~ ~ rti ti : ~i' E rr"~~~ ' 1 y ~«tr,~ .,. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 B. Conditions of Approval "'`~ 1. PLANNING DEPARTMENTS .:~ 1.1 The Site Plan, labeled Sheet SP-1, prepared by Larson Architects, dated 8/30/05, is approved ~~~_ =; subject to the conditions listed herein. To ensure that the conditions of approval for CUP-07-009 are complied with, the applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to commencement of the drive-through use. 1.2 A revised site plan shall be submitted with the Certificate of Zoning Compliance application for the subject drive-through use. };~_' ~' 1.3 A "Do Not Enter" sign should be installed in the east end of the planter island on the east side of the drive-through lane on the south end of the building where traffic exits. This provision should help to prevent cars from entering the drive-through from the wrong direction; please include signage on site plan. 1.4 The Landscape Plan, labeled Sheet L1.0, prepared by Sterling Landscape Company, dated 8/12/05, is approved as submitted. 1.7 The subject drive-through design is approved as proposed, as it complies with the standards set `~'` forth in UDC 11-4-3.11. Submit a letter from the Transportation Authority (ACRD) indicating the site plan is in compliance with the authority's standards and policies. 1.8 The applicant shall comply with the outdoor lighting standards listed in UDC 11-3A-11. 1.9 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.10 Except for the "Do Not Enter" sign mentioned in Condition 1.3 above, no signs are approved with `' this CUP application. All business signs require a separate sign permit in compliance with the ~~;,'~ sign ordinance (UDC 11-3D). `~~ ~~ ~ 1.11 Staff's failure to cite specific ordinance provisions or terms of approval for Bonito Subdivision ~° - does not relieve the applicant of responsibility for compliance. The applicant shall comply with ~;';. . ";': all prior conditions of approval for this site. ~ ,_~ 1.12 The applicant shall have a maximum of 18 months to commence the proposed use as permitted in a;-. ~ - accord with the conditions of approval listed above. 2. PUBLIC WORKS DEPARTMENT 2.1 Civil plans for this building have already been reviewed and approved by the Public Works Department. For this reason, Public Works has no comments on this application. 3. FIRE DEPARTMENT ~" - 3.1 All .entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside -~ radius. 3.2 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.3 All aspects of the building systems (including exiting systems), processes & storage practices shall - be required to comply with the International Fire Code :~ '~'~ Exhibit C ~~ .y- ~~~ 1~ ., j kw`~~ ! ~I', ~i 1=~w ~S '~:r - t I 1 ~': }~ a ~a 2t n h ~ ~~ ri~r',^ °' n ,h ._ _. ~:1.i~ t 1 r r F "~'T ~X cu 39 ~.....~:¢, ~~ ~ p.. ~ ~ ~ 1 t i.,, 3 r .; ''}} ,~, ( 4~ ~. M Y~x"3't" _ i' ~' ~ ~,• , i i .~ ~ 1, ~t ~ }r ` ~ p6 i 1 r' :u~ ' TM ,? '~ ~ }t~ ' c ~,-~ ~ ~ #<'*-y ~ ~' "rs~z~a4~, - r~ ~' ~' r" r ~ 7 ~{~ ~ i 6 ~~~ ~" ~~ r - 1~ ':, ,. n i~i. r ;;~. ;;:, ;~ b.. :. ~u':; J py.. ...t~._ e} ~~: ~'_:.~ :. ~~~ '- r' ~:.: ~' ~~' f . .. ' ' ' Fif iy', ~~f; ~~ ~~ Y" CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 3.4 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.5 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 4.2 The loading areas shall be separated from all public parking areas. 5. PARKS DEPARTMENT 5.1 Comments were not received from the Parks Department on this application. 6. SANITARY SERVICES 6.1 Comments were not received from SSC on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1.1 No Review Exhibit C ~ x. ~ ~~. t ~ ~ ~s ~; l~f;'~ k b ~ ~: ~y ii~lr5~ 4q~Y yy ~ IG w lv i J~-~ 3a#y r ~ ,<g ~:~ ~, r~ ~; ~` > , y. 133 ~ ~ ~ a~~ w+> ~ y ~~~ t~', ~;',; f~ ~ '~7 , ~'~ ° ~~,. ~~ r ' i c~+' ~~ 1 r+k y~ +~ j cr j o etk i~¢~ti ~M: h2 A [~3 t ~'s~3! ~,~..5 k •~ ! :~ ~ ,.r. ~' ~' f`. fZ hkR`Y' G '' b "- f'F • ~~ ' '~~: r s s~ L i~ ~ s ;s r t i~ ~ ` ~~ °'..t~ ~f ~~ o'~~"~"n ~:` ~, i., r ~^^ ~ ,: ~ a,~ ~~ tt t .#~ ,,~f 4Yh '_ 1 Myy ~~ ; ,~ ~+ i~ ~ ~ ~ ~,d ~~ 7~~'Y t ff~# t¢~~ tYF. ~7. -t ~H . ~ ~~ 4 ,y •• r~~ e tJ ~~ _ g ,~ ~_~ <- • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 - C. Required Findings from Unified Development Code F',, 1. Conditional Use Permit Findings: t~-7~ The Commission shall base its determination on the Conditional Use Permit request upon the Y,: r following: "~:,:~ a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The existing building and proposed drive-through facilities on this site can accommodate and meet all dimensional and development regulations of this district. The Commission finds that the subject property is large enough to accommodate the required yards (setbacks), parking, landscaping and other features required by the ordinance. The Commission should rely on Staff s analysis, and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. /x~ The Commission finds that the Comprehensive Plan designation for this property is "Mixed Use Regional." The proposed use is generally harmonious with the requirements of the Comprehensive Plan and UDC (see Section 8 above for more information regarding the requirements for this use.) c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general ? vicinity and that such use will not adversely change the essential character of the same area. The Commission fmds that if the applicant complies with the conditions outlined in this report, the ,~. ; - general design, construction, operation, and maintenance of a restaurant with adrive-through should be compatible with other uses in the general neighborhood and with the existing and =''[ - intended character of the area. The Commission should rely on Staffs analysis, and any oral or written public testimony provided when determining if this site will be compatible with other uses in the general vicinity. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the ~: ~ : proposed uses will not adversely affect other property in the area. The Commission should rely ~'~ ''~' upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such . ` ~ as highways, streets, schools, parks, police and fire protection, drainage structures, refuse i~~~~~~~~~~ disposal, water, and sewer. „: . The Commission fmds that sanitary sewer, domestic water, refuse disposal, and irrigation are ~,; . ;,>; . currently available to the subject property. Please refer to any comments prepared by the Meridian _ Fire Department, Police Department, Parks Department, Sanitary Services Corporation, and ACRD. '`'' Exhibit C _:J?'; -- r C t 3-~ q$ ~`; ~.~rJti ~ `~ n { , tl s fT ~ y J 4 i~~l 1 3, t - '' t .~ t,,_3tFN { .~~ +r -r t.- y v :~ r ~ ~ ~-~: 3 x ' .y ' :J Y h,k ~4~;. r .., ,. ~ ~ ~ , ,~ ~. ~' ' ~," 1, ¢ _. 4 ~i` i}'+ r ,,~1 -~ i a ~~ ~t9 aF~%~i~y"reir~ x!Eb w i' 3~ ~ t s`M 1 ~ ~ y? 4 , } P `M G~:~~i `~~-~ t -. Y '~ `~. `; - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007 ~.:: ': Based on comments from other agencies and departments, Staff fmds that the proposed use will be ~'~`' served adequately by all of the public facilities and services listed above. ~~~ ,: 3'- ' f. That the proposed use will not create excessive additional costs for public facilities and ~'- services and will not be detrimental to the economic welfare of the community. is ; If approved, the applicant will be financing any improvements required for development. The ` Commission finds there will not be excessive additional requirements at public cost and that the ~~ ~~' proposed use will not be detrimental to the community's economic welfare. ~~~ ~~ ~~ g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general <; welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff recognizes that traffic and noise will increase with the approval of a restaurant with a drive- 3, through use in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds that the proposed uses °'' ~' will not be detrimental to people, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or -`~ historic feature considered to be of major importance. The Commission fmds that there should not be any health, safety or environmental problems ~~ associated with this use that should be brought to the Commission's attention. The Commission is- fmds that the proposed use will not result in the destruction, loss or damage of any natural, scenic ,. qf~ ` or historic feature of maj or importance. T;' ~, . i :~;:~ Exhibit C 1 ~ xa '~'~ . -$ .rti ~F ~- ~ .c ~ ,~~ '; ~ ~~ } ~- _ ~' n e a n i a~ b}p ~.~'~ ? ~ ~; ~j 5 ~ ~- ~ls ~, ~ ~ -n M ~ , E ~.: ~~~' °a'a~ = ~~ ~ ti ` ~s a. I, i' ~{ 4 . ~^ k t t . =~ ~~ r t ti: ~, - - t gip:- t. r %4'' s r ti ~' ~* ~i ., ~ ~7 i~ "~-rs~ r.~. ~~` ~ 'i ~ ~t~= } cw ,~"ti. 'S r ~~'z' rH .~ ~6 Z a ~1 ~` ~} ~~ ; o s June 18, 2007 MERIDIAN PLANNING 8~ ZONING MEETING June 21, 2007 APPLICANT ITEM NO. ~ Jr REQUEST Discussion /Approval of Modifications to Planning Department Checklist Forms: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Memo L CITY ATTORNEY ~~ CITY POLICE DEPT: ~ CITY FIRE DEPT: ~~'' ~~ ~v (1~ , f~// CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i J' (a .' It ~' MEMORANDUM r. r: s rc~ TO: PLANNING & ZONING COMMISSION 4'. FROM: CALEB HOOD, CURRENT PLANNING MANAGER Y; ~',, SUBJECT: REQUEST FOR APPROVAL OF REVISIONS TO DEVELOPMENT APPLICATION FORMS/CHECKLISTS ~. `` ~ DATE: 6/18/2007 (ON COMMISSION AGENDA JUNE 21, 2007) ' CC: CITY CLERK, LEGAL DEPARTMENT '; ~:. ~j;. -;. ~~ 1 :::.~ Per UDC 11-5A-3B2, the Planning Department is requesting approval from the Planning & Zoning Commission to revise specific development application forms (checklists), as follows: • On the Final Plat checklist, 1) removed the requirement for irrigation performance specifications (this requirement is covered on the application itsel~, 2) added a requirement for a cross section of all proposed private streets, and 3) added a requirement that the landscape plan be stamped/signed by a professional. • On the Certificate of Zoning Compliance checklist, added a requirement that the landscape plan be stamped/signed by a professional. • On the Comprehensive Plan Amendment checklist, removed the requirement for a legal description of the subject property. • On the Short Plat checklist, 1) added a requirement in the narrative section for the applicant to note if there are existing buildings on the site, 2) removed the requirement for a landscape plan for condominium projects, 3) added a requirement that the landscape plan be stamped/signed by a professional, and 4) removed the requirement for apre-application meeting with the Planning Department for condominium projects. • Added a revision date to all four of the above mentioned application checklists. >r,~~ ~~; r:` ^1 Y i } ~~~~ qs r >y~ 3~ f . ;r ;- <~~ ~ ~> ~~M f ~~~ ~ ~ ~~ 5 „~ ~- ~ .' ~; ~~ ,~ .:i, `L Y a ~~~ '~ yy,,~ T ,. y ~ ~ g.. 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