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2014 09-18Meridian Planning and Zoning Meeting September 18, 2014. Meeting of the Meridian Planning and Zoning Commission of September 18, 2014, was called to order at 6:00 p.m. by Chairman Joe Marshall. Present: Chairman Joe Marshall, Commissioner Steven Yearsley, Commissioner Rhonda McCarvel and Commissioner Patrick Oliver. Members Absent: Commissioner Scott Freeman. Others Present: Machelle Hill, Ted Baird, Justin Lucas, Sonya Watters and Dean Willis. Item 1: Roll -Call Attendance: Roll -call X Steven Yearsley X Patrick Oliver X Rhonda McCarvel Scott Freeman X Joe Marshall - Chairman Marshall: Good evening, ladies and gentlemen. I'd like to welcome you to the regularly scheduled Planning and Zoning meeting for September 18th, 2014, and I'd like to begin by asking for roll. Item 2: Introduction of New Commissioner, Rhonda McCarvel Marshall: All right. Before we go any further I would like to welcome Commissioner McCarvel. Rhonda McCarvel as a new Commissioner. She was just appointed Tuesday by the Council. Welcome aboard. McCarvel: Thank you. Item 3: Adoption of the Agenda Marshall: All right. Next on the agenda is the adoption of the agenda and I do have two points that I would like to point out. They are not really changes, but Action Items A and B, Hill's Century Farm by Brighton, those two items will be opened for the purpose of continuing them until October 16th and we will hear from the applicant on that point. And, then, also Items E and F for Jump Creek will also be opened for the purpose of continuance to October 2nd. All right. Other than that I have no changes to the agenda. So, if I could get a motion to adopt the agenda, please. Yearsley: Mr. Chairman, I move that we adopt the agenda as modified. Oliver: Second. Meridian Planning & Zoning Commission September 18, 2014 Page 2 of 12 Marshall: I have a motion and a second to adopt the agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 4: Consent Agenda A. Approve Minutes of August 21, 2014 Planning and Zoning Commission Meeting Marshall: All right. Now the Consent Agenda and the only thing on the Consent Agenda is the minutes of the August 21st, 2014, Planning and Zoning meeting. Were any -- anything that needs to be addressed, changes, modifications, items of note? No? Then could I get a motion to approve the Consent Agenda. Yearsley: So moved. Oliver: Second. Marshall: I have a motion and a second to approve the agenda -- the Consent Agenda. All those in favor say aye. Opposed. That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: All right. Now to the Action Items and let explain just a minute for everybody in the audience on how this will work. I will open each one of these items, such as the first couple that are combined, we will open those at the same time, and I will ask for the staff report and staff will give their analysis on how the application fits within the city code and ordinance and their take on that. After they are through Commission may or may not ask some questions of staff and, then, we will ask the applicant up. The applicant will have 15 minutes to address any other continuing issues, anything else they'd like to address with that. Then I will ask for the public to testify and if you would kindly, if there is anything you'd like to testify on, there are sign-up sheets in the back and that will help. I will take each of those and call each person in order as they have signed up to testify to each of these. After that each person will have three minutes to testify and if anybody is speaking for a large group and if I can see a show of hands for that group, then, we will award those people ten minutes to testify. After that I will call to see if there is anyone else who would like to testify and after everybody has had an opportunity to speak to anything they would like, I will call the applicant back up for an opportunity to address anything that might have come up during public testimony. At that time we will, then, close the public hearing and the Commissioners will deliberate and, hopefully, render an appropriate decision. Item 5: Action Items Meridian Planning & Zoning Commission September 18, 2014 Page 3 of 12 A. Public Hearing: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District B. Public Hearing: PP 14-014 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Preliminary Plat Approval Consisting of 675 Building Lots, 47 Common Area Lots and 1 Other (Elementary School) Lot on 221.8 Acres of Land Marshall: So, that being said, I would like to open the public hearing for AZ 14-012 and PP 14-014 for Hill's Century Farm by Brighton. Now, as I understand Brighton has requested a continuance to October 16th. Did staff have anything to add to that before ask the applicant up to explain this? Watters: No, sir. Marshall: All right. If I could have the applicant and I'm going to have to ask for your name and address for the record, please. Wardle: Mr. Chairman, Commission Members, Mike Wardle, Brighton Corporation, 12681 West Explorer Drive in Boise. Hill's Century Farm is a large project and a prerequisite to even accepting the application by the city is submission of a traffic impact study to ACHD. So, that was done and we crossed that first hurdle. However, in order for staff to do its analysis at -- both at ACHD and at the city, ACHD has to complete its review and make its recommendations relative to the impact of the project and transportation system. That has not occurred. There is still a lot of iterations going on between ACHD and the traffic consultant Horrocks Engineers and so it was with reluctance, but without that information ACHD could not take a position, therefore, we had to request a continuance for a month to enable that to occur. So, that's the reason for it. We were ready to go. However staff has not been able to complete its staff report, so we don't know what we would be addressing this evening. Marshall: Thank you. Commissioners, do you have any questions of Mr. Wardle? No. Thank you very much, sir. Wardle: Thank you. Marshall: So, given that information, Commissioners, I'm wondering if anybody would like to make a motion to continue this to the October 16th public hearing. Yearsley: Mr. Chairman, I move that we continue the public hearing on AZ 14-012, PP 14-014, Hill's Century Farms to October 16th, 2014. Oliver: Second. Meridian Planning & Zoning Commission September 18, 2014 Page 4 of 12 Marshall: I have a motion and a second to continue Hill's Century Farm, AZ 14-012 and PP 14-014, to October 16th, 2014. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. C. Public Hearing: CUP 14-014 Boise Slam Basketball Club by Boise Slam Basketball Club Located at 3660 E. Lanark Street Request: Conditional Use Permit Approval for an Indoor Recreation Facility in an I -L Zoning District Marshall: All right. I'd like to open the public hearing for CUP 14-014 for Boise Slam Basketball Club and I'd like to ask for the staff report, please. Watters: Thank you, Chairman Marshall, Members of the Commission. The first application before you tonight is a request for a conditional use permit. This site is currently zoned I -L. It's located at 3660 East Lanark Street. Adjacent land use and zoning. To the north are industrial property, zoned I -L. To the east is vacant property, zoned I -L. To the south undeveloped property, zoned I -L. And to the west is commercial, R.C. Willey's, zoned C -G. The Comprehensive Plan future land use map designation for this site is industrial. The applicant requests a conditional use permit for an indoor recreation facility in an I -L zoning district for Boise Slam Basketball Club. The proposed use will occupy an 12,000 square foot tenant space as shown in an existing 142,800 square foot building. No exterior modifications to the building or the parking lot are proposed. Boise Slam Basketball is a nonprofit organization dedicated to the development of youth basketball players. The facility will house two full-size basketball courts that can be used for team and individual practice. A conditional use is required for the subject use, because of its nonindustrial nature in an I -L zone. The Commission should determine if they feel the proposed use is an appropriate use for this site. Because adjacent uses are industrial in nature and because the proposed hours of operation are evenings and weekends, staff does not anticipate the proposed recreation facility will have any adverse impact on existing tenants. Access is provided to the site via East Lanark Street, a private street off of North Gaudians Avenue. The existing parking on the site meets UDC standards and appears to be sufficient for the proposed use. Written testimony was received from Karina Gilbert, the applicant's representative, is in agreement with the staff report . Staff is recommending approval with the conditions in the report. Staff will stand for any questions Commission may have. Marshall: Any questions of staff? All right. Well, I'd like to ask for the applicant to come up then. And I'm going to have to ask you to give your name and address for the record, please. Dennis: Yes. Mr. Chairman, Members of the Commission, my name is Penny Dennis and I reside at 1070 North Sneed Place in Eagle and I'm here representing Boise Slam. Marshall: Thank you. Meridian Planning & Zoning Commission September 18, 2014 Page 5 of 12 Dennis: To add to what Mrs. Watters said, where it's just a nonprofit basketball club looking to promote health, wellness and good citizen and our youth from grade level three though high school. Marshall: Commissioners, questions? Yearsley: At this facility is -- is that facility pretty well occupied by other industrial users or is it pretty vacant; do you know? Dennis: Not currently. Currently, it's pretty vacant. Yearsley: Okay. And I'm assuming that -- sorry. That you're using this space because it's big enough that you can actually fit in that basketball court. Dennis: Correct. And it has a clear height acceptable to that use as well. Yearsley: Okay. That's all have. Marshall: Thank you. Thank you very much. I do have two people signed up to speak to this. The first is Mike Chatterton. Mr. Chatterton, I'm going to have to ask you to give your name and address for the record, please. Chatterton: My name is Mike Chatterton. I live at 683 West Bird Wing in Meridian Idaho. 83646. I'm not sure exactly the protocol here, but I'm actually the club director for Boise Slam Basketball. We started this club -- this is our fifth year. We started with about a hundred kids and now we are over 300. We have boys and girls all the way from grades -- third grade all the way up through -- through high school and it continues to grow. I'm not sure if you're aware or not, but I'm sure you are, that gym space is very, very difficult to come by, especially in the wintertime for clubs and activities and we have been using churches in the area, we have been using schools, but as our club grows we just need -- we just need more space and so primarily this just should be a practice -- practice space and a place for the kids to come in and learn and improve and get better, so -- Marshall: Thank you, sir. Any questions of Mr. Chatterton? No? Well, thank you, sir. Chatterton: Thank you. Marshall: Penny Dennis. And Ms. Dennis was the original person to have spoken on behalf of the application. Thank you. Is there anyone else that would like to speak to this application? No? I do have a quick question for staff. My question is haven't we already approved some other athletic events in -- somewhere in a similar area in here? Somewhere close to this, haven't we before? Meridian Planning & Zoning Commission September 18, 2014 Page 6 of 12 Watters: Chairman Marshall, we have received -- or we have approved several other similar type uses in industrial zones, yes. Marshall: All right. Thank you. Well, Commissioners, anybody have any other questions or anything? Maybe we could close the public hearing. Yearsley: Mr. Chairman, I recommend that we close the public hearing on CUP 14-014. Oliver: Second. Marshall: I have a motion and a second to close the public hearing on CUP 14-014. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: All right. To me it sounds like a very, very good program and I'm -- I'm pleased to see it's here within the city and I'm excited to see it move forward. I don't know what any of your thoughts are. Anyone? Yearsley: Mr. Chairman? Marshall: Commissioner Yearsley. Yearsley: My initial thought was, you know, we are utilizing, you know, industrial space for nonindustrial uses, but after talking -- you know, the applicant's comment that the space isn't being utilized significantly now already and understanding the issues with the basketball needing the height and space, I think it's an appropriate use. Marshall: Thank you. Oliver: Mr. Chairman? Marshall: Yes, Commissioner. Oliver: I also would like to say that it's a good use of a vacant building. Put it to good use. As well as being an educator, I believe that it's important to keep our kids in a safe place and it gives them an opportunity to get out and experience a sport like basketball. So, it's a great use of it. Marshall: I agree with you completely, Commissioner Oliver. Commissioner McCarvel, do you have any thoughts you would like to add to this? McCarvel: No. I think it's a good use of the area, especially given the times. Probably a low use time. Marshall: So, Commissioners, could I get a motion? Meridian Planning & Zoning Commission September 18, 2014 Page 7 of 12 Yearsley: Mr. Chairman, after considering all staff, applicant, and public testimony, move to approve file number CUP 14-014 as presented in the staff report for the hearing date of September 18th, 2014, with no modifications. Oliver: Second. Marshall: I have a motion and a second. All those in favor say aye. Opposed? That motion carries. Thank you. MOTION CARRIED: FOUR AYES. ONE ABSENT. D. Public Hearing: CUP 14-013 Generations Investments by Generations Investments, LLC Located 317 S.W. Fifth Avenue Request: Conditional Use Permit Approval of the Proposed Development Per Requirement of the Development Agreement Marshall: All right. At this time I would like to open the public hearing for CUP 14-013, Generations Investments and ask for the staff report, please. Watters: Thank you, Chairman Marshall. The next application before you is also a request for a conditional use permit. This site consists of 1.2 acres of land. Is currently zoned L -O and is located at 317 Southwest 5th Avenue. Adjacent land use and zoning. To the north is an office use, zoned L -O. To the east is commercial property zoned C- G. To the south is a Turn Key Medical Building, zoned L -O and to the west are residential zoned R-8. This property was annexed in 1997 with a development agreement and included in the Troutner Business Park Subdivision plat. The Comprehensive Plan future land use map designation for this site is commercial. The request is for a conditional use permit for the development of the site with 10,290 square foot multi -tenant office building. Troutner Business Park, which includes this site, was developed as a commercial planned development and is subject to a development agreement that requires conditional use permit approval of all applications to develop lots within the subdivision. After the staff report was written and prior to the hearing tonight the applicant submitted a revised site and landscape plan shown here in the bottom right-hand corner that depicts only one access for the site via Southwest 5th and a wider perimeter buffer along the southern boundary, with only grass and no trees or shrubs. The original site plan that was submitted with the application that the staff report is based on is in the upper left-hand corner. Because the adjacent property to the south is under the same ownership and there is dense landscaping within the existing perimeter buffer already, staff is recommending approval of the proposed changes to the plan. Building elevations are proposed to consist of broken face concrete block in two colors, with color matched awnings over the entries and windows and color matched metal roofing. Written testimony was received from Dale Benning, the applicant's representative. He did also submit the revised plan. Staff is recommending approval of the revised plan with the conditions in the staff report. Staff will stand for any questions Commission may have. Meridian Planning & Zoning Commission September 18, 2014 Page 8 of 12 Marshall: Thank you. Commissioners, any questions? All right. Thank you. At this time I would like to ask the applicant to come forward, please. And I'm going to have to ask for your name and address for the record. Berining: My name is Dale Benning. I'm the project architect. I live in 1590 Shenandoah Drive in Boise. Marshall: Thank you. Benning: I just -- the project was -- we started on this quite a while back, 2007, 2008. At that time both of these properties were purchased. This -- this Turn Key Medical Building was completed in 2009. This site here was completely landscaped in lawn and looks basically like a really well kept big soccer field, with the idea of future development. That time has come. The applicant is interested in duplicating the building that they already have. It's slightly different, but it's the same concept, same quality construction, same color schemes, same parking configuration, same layout. We have -- we have already had our review from ACHD and limited our access to the -- to the southwest corner coming in off of -- or southeast corner coming in off of 5th Avenue. We are okay with that. We are able to work around that. They -- we have indicated a very large semi truck going along the back west end of the building. That happens about once a month. They can work with it. The facility is -- they have a similar facility in that they -- they now service and repair large MRIs, things like that, that used to be sent overseas, in fact, for repairs, they do that repair and maintenance and installation of that equipment now. So, that ended the building as basically a little over a fourth of the building is -- is their testing lab and their staging area for the equipment. So, it's -- it has -- it has the overhead door in the front of it now, so that any vehicle that cannot get around to the back corner safely can pull into the front of the building and unload. But, again, that's a once in a month situation, so we had to accommodate that, though, because that's kind of the primary use of that part of the building. The rest is Generations Investments themselves, which is the parent company for Turn Key Medical. They will have the next lease space in there, sort of in the center. The front two or three spaces are open space. We anticipate having those leased by the time we start construction, but -- so, we have got -- I think we got a really nice project here. It's very compatible with the project next door and it's -- it will fit right in. So, I think we are asking for approval. Marshall: Commissioners, any questions? Thank you, sir. I do have two people signed up. That was Mr. Benning that just spoke and Jeff Hon, builder, if you would like to speak to this. And I'm going to have to ask for your name and address for the record. Hon: Very well. I'm Jeff Hon. My address is 16790 Rose Park Drive in Nampa and think Mr. Benning, whom we have engaged, did a fine job in his presentation and would just ask if there is any questions that I might answer. Meridian Planning & Zoning Commission September 18, 2014 Page 9 of 12 Marshall: Commissioners, any questions? It appears not, sir, but thank you very much. Is there anyone else that would like to address this project? Seeing no one else, I might recommend, since the applicant and Mr. Hon are on the same page, I don't think there is anything to readdress, so maybe we could close the public hearing. Yearsley: Mr. Chairman, I move that we close the public hearing on CUP 14-013. Oliver: Second. Marshall: I have a motion and a second. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: All right. Deliberation. Would anybody like to address this? Commissioner Yearsley? Yearsley: Mr. Chairman. I like it. I think it looks really good. A nice facility. I like the single access point, instead of the dual. I think in a lot of ways it makes it look a lot cleaner and a lot better landscapewise. So, I think it looks good. I'm in favor for it. Marshall: Commissioner Oliver? Oliver: Yes, Mr. Commissioner. I believe also it looks really well done, but I'm also impressed with the fact that part of the building will be used for a business that will be done here in the United States versus out of the country, so that's a great opportunity to bring to Meridian. Marshall: Thank you, Commissioner Oliver. Commissioner McCarvel? McCarvel: I agree. Marshall: Very good. All right. I, too, agree. I'm excited to see the business coming in and I'd like to see this go forward and I'm also for it. So, maybe we could get a motion. Yearsley: Mr. Chairman. After considering all staff, applicant testimony, I move to -- move to approve file number CUP 14-013 as presented in the staff report for the hearing date of September 18, 2014, with no modifications. Oliver: Second. Marshall: I have a motion and a second for approval on CUP 14-013. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Meridian Planning & Zoning Commission September 18, 2014 Page 10 of 12 E. Public Hearing: AZ 14-011 Jump Creek by Northside Management Located Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Annexation of Approximately 86.06 Acres from RUT in Ada County to the R-8 (Medium Density Residential) (64.63 Acres) and R-15 (Medium High - Density Residential) (21.43 Acres) Zoning Districts F. Public Hearing: PP 14-013 Jump Creek Located Northwest Corner of N. Black Cat Road and W. McMillan Request: Preliminary Plat Approval Consisting of 318 Single Family Residential Lots, 2 Multi -Family Lots and 42 Common Lots on Approximately 85.9 Acres in the Proposed R-8 and R-15 Zoning Districts Marshall: All right. I have got two items left on the agenda. That would be AZ 14-011 and PP 13-013 and I would like to open those for the purpose of continuing -- entertaining the idea of a continuance to October 2nd and I'd like to ask if staff had anything to add to that. Lucas: Mr. Chairman, Members of the Commission, I do not see the applicant. Typically we like the applicant to come and discuss why they are requesting continuance. We did invite the applicant to come and do that tonight and for whatever reason it looks like they were not able to do that. Staff is supportive of the request for a continuance. We don't see any significant reason why not to. In this specific case -- and I can kind of give you a little background, not to speak for the applicant, but just to tell you what the discussion has been -- this project is adjacent to a very large project, The Oaks, that was previously approved up in northwest Meridian and the applicant -- in our staff report we talked about connectivity to The Oaks and quite a few things about coordination with The Oaks and that development and what the applicant wanted to do was to take a little bit more time to study the staff report and make sure that when they come in they are prepared to talk about those connections and make any potential revisions needed for the plat prior to you acting on it. And so I can give that. Certainly that's the discussions we have had with the applicant and the reason that -- as understand it for their request for continuance. But it's certainly up to you to decide what you would like to do. Marshall: Thank you. Commissioners, any questions of staff? Commissioner Yearsley. Yearsley: Mr. Chairman. Is two weeks going to be enough time to make those changes and that coordination? Lucas: Commissioner Yearsley, I believe so. The applicant has asked for two weeks and I think -- I think they will be able to do that. Yearsley: Okay. Meridian Planning & Zoning Commission September 18, 2014 Page 11 of 12 Lucas: But if you don't think so, then, that's -- I hope so. How about that? Yearsley: I just want to avoid another continuance. Lucas: I understand that. Yeah. You certainly have the discretion to do as you please Yearsley: Okay. Marshall: But, Commissioners, I have to agree, I'm a little disappointed the applicant isn't here to be able to address that, because that's an appropriate question that they would be able to address and so I have to admit that, you know, if you felt that -- that may or may not be enough time, that they are not here to address that, maybe we could continue it to an even later date. I don't know how you guys feel about that. Do you have any comment? Commissioner Oliver? We did begin asking -- I believe a year and a half, two years ago, we started asking applicants that were requesting a continuance to come in and address that with the Commission, because we seemed to have an overabundance of continuances and multiple continuances and we wanted to address those with the -- with the applicant. So, seeing how this is their first continuance and they have requested October 2nd, it may be very appropriate to do that date. Yearsley: Okay. Mr. Chairman? Marshall: Commissioner Yearsley. Yearsley: I move to continue file number AZ 14-011 and PP 14-013 to the hearing date of October 2nd, 2014. Oliver: Second. Marshall: I have a motion and a second to continue AZ 14-011 and PP 14-013 to the regularly scheduled P&Z meeting of October 2nd. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: Commissioners, I need one more motion. Oliver: Mr. Chairman? Marshall: Commissioner Oliver. Oliver: I move to adjourn. Yearsley: Second. Meridian Planning & Zoning Commission September 18, 2014 Page 12 of 12 Marshall: I have a motion and a second to adjourn. All those in favor say aye. That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: We are adjourned. MEETING ADJOURNED AT 6:29 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) ,...,.,.T_,.�. ATTEST: acce "— �4w' JAYCEE HOLMAN, CITY CLERK � 10 1 Z I 1 -f DATE APPROVED 44°�KL�D AU°LSTs City of IDR IANC.., IDAHO A C i SEAL P the T A4 AS����