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2015 05-07Meridian Planning and Zoning Meeting May 7, 2016 Meeting of the Meridian Planning and Zoning Commission of May 7, 2015, was called to order at 6:00 p.m. by Chairman Steven Yearsley. Present: Chairman Yearsley, Commissioner Patrick Oliver, Commissioner Rhonda McCarvel, Commissioner Ryan Fitzgerald and Commissioner Gregory Wilson. Others Present: Machelle Hilll, Ted Baird, Bill Parsons and Dean Willis. Item 1: Roll -Call Attendance: Roll -call X Gregory Wilson X Patrick Oliver X Rhonda McCarvel X Ryan Fitzgerald X Steven Yearsley - Chairman Yearsley: At this time we'd like to get started for the Meridian Planning and Zoning Commission for May 7, 2015. Let's begin with roll call. Item 2: Adoption of the Agenda Yearsley: Thank you. The second item on the agenda is the adoption of the agenda. We have a couple of changes here. Public hearing RZ 14-007, PP 14-017, is requested to be continued to June 4th and the public hearing for Nesting Swan, which is AZ 14-016 and PP 14-018 is -- needs to be continued to May 19th. So, with that can I get a motion to -- oh. Hill: May 21st. Yearsley: 21 st? Oh. Sorry. May 21 st. With that can I get a motion to adopt the agenda? Fitzgerald: So moved. McCarvel: Second. Yearsley: I have a motion and a second to adopt the agenda. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda A. Approve Minutes of April 16, 2015 Planning and Zoning Commission Meeting Meridian Planning & Zoning May 7, 2015 Page 2 of 7 B. Findings of Fact and Conclusions of Law for Approval: CUP 15- 001 Franklin Mini -Storage by Osborne Enterprises Located 1975 E. Franklin Road Request: Conditional Use Permit for a Self - Service Facility in a C-G Zoning District Yearsley: Next item on the agenda is the Consent Agenda and we have the meeting minutes of April 16th, Planning and Zoning Commission meeting and Findings of Facts -- Findings of Fact and Conclusion of Law of approval of CUP 15-001, Franklin Mini Storage. With that can I get a -- is there any comments or changes to those? If not I would entertain a motion to approve the Consent Agenda. Fitzgerald: Mr. Chairman? Yearsley: Commissioner Fitzgerald. Sorry. Fitzgerald: No. You're fine. I move that we approve the Consent Agenda as written. McCarvel: Second. Yearsley: I have a motion and a second to approve the Consent Agenda. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Item 4: Action Items A. Public Hearing Continued and Re -Noticed from March 5, 2016: RZ 14-007 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Rezone of 3.05 Acres from R-15 to TN-R; 1.67 Acres from R-4 to R-8; and 0.83 of an acre from R-8 to R-4 Continue and Renotice Public Hearing for May 7, Planning and Zoning Commission Meeting B. Public Hearing Continued and Re -Noticed from March 5, 2015: PP 14-017 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Preliminary Plat Approval Consisting of 167 Single -Family Residential Building Lots and 329 Common/Other Lots on 48.56 Acres of Land in the R-4, R-8 and TN-R Zoning Districts Yearsley: So, first on the list is -- we are going to open public hearing RZ 14-007 and PP 14-017, Southridge Estates, for the sole purpose to continue this meeting to June 4th, 2015. So, with that can I get a motion to continue the meeting? Meridian Planning & Zoning May 7, 2015 Page 3 of 7 Wilson: Mr. Chairman? Yearsley: Commissioner Wilson. Wilson: I move that we continue to June 4th RZ 14-007 and PP 14-017, Southridge Estates. Fitzgerald: Second. Yearsley: I have a motion and a second to continue the public hearing of RZ 14-007 and PP 14-017, Southridge Estates Subdivision, to June 14th -- June 4th. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. C. Public Hearing Remanded to Planning and Zoning by City Council on March 17, 2015: AZ 14-016 Nesting Swan Ranch by Blossom 1, LLC Located 4617 and 4620 S. Martinel Lane Request: Annexation and Zoning of 27.75 Acres of Land with an R-8 Zoning District D. Public Hearing Remanded to Planning and Zoning by City Council on March 17, 2015: PP 14-018 Nesting Swan Ranch by Blossom 1, LLC Located 4617 and 4620 S. Martinel Lane Request: Preliminary Plat Approval Consisting of Thirty -One (31) Building Lots and Seven (7) Common / Other Lots on 10.37 Acres of Land in a Proposed R-8 Zoning District Yearsley: Next on the list is we are going to open the public hearing for AZ 14-016 and PP 14-018, Nesting Swan Ranch, for the sole purpose to continue this meeting to June 21 -- or the May 21 st, 2015. Can I get a motion? McCarvel: Mr. Chairman? Yearsley: Commissioner McCarvel. McCarvel: I move that we move AZ 14-016 and PP 018 to June -- Yearsley: May. McCarvel: May. Yearsley: May 21 st. McCarvel: May 21 st. Meridian Planning & Zoning May 7, 2015 Page 4 of 7 Fitzgerald: Second. Yearsley: I have a motion and a second to continue file number AZ 14-016 and PP 14- 018, Nesting Swan, to June -- or May -- sorry. I'm -- boy, we are all doing it. To May 21st. All in favor say aye. Opposed? MOTION CARRIED: ALL AYES. Yearsley: And just for those of you out here -- I don't know if -- what you are here for, but we will be hearing Nesting Swan on the -- on the 21 st of May, because of a noticing error. So, we won't be talking about it today. So, with that we have one last public hearing and before we go forward I will kind of explain the process. We will open this public hearing. We will begin with the staff report. The staff will explain the project and how it adheres to the Uniform Building -- or the standards and ordinances and -- and, then, we will have the applicant come forward to present his case to the Commission. At that time -- after that we will open it up to the audience. Those wishing to testify will be given three minutes. After the audience has had a chance to testify the application will have a chance to come back and comment on what has been talked about. After that we will close the public hearing and deliberate and, hopefully, make a decision. E. Public Hearing: RZ 15-006 Three Corners by Sweet Land Development, Inc. Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Rezone of Approximately 12.65 Acres of Land from the C-C (Community Business), R-8 (Medium Density Residential) and R-4 (Medium -Low Density Residential) Zoning District to the C-C (9.38 Acres), R-8 (2.76 acres) and R-4 (0.51 Acres) Zoning Districts Yearsley: So, with that we will open file number AZ 14 -- or 15-006, Three Corners, and let's begin with the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. The only item being heard tonight is the Three Corners rezone application. The property is located on the southeast corner of North Locust Grove Road and Chinden Boulevard. In 2013 this property was before the Planning and Zoning Commission and received approval of a mixed use development that consisted of 54 residential lots, both zoned R-4 and R-8 and, then, some commercial lots that will be developed in the future. Currently surrounding this property we have Ada County residences, zoned R-1 along the east boundary. To the south we have the first phase of our preliminary plat that was approved in 2013, which was phase number two and it's zoned R-4 and single family homes are currently under construction with that phase. To the west we have a private school and a church, zoned C-C and R-8 and, then, to the north again we have Chinden Boulevard and another subdivision in the city of Eagle. The applicant is here tonight to discuss rezoning a portion of the property again. On the left-hand side here you can see the current zoning configuration of the property. As I mentioned to you, it is zoned R-4, R-8, and C-C. During my review of the second phase of the final plat that was submitted I did discover Meridian Planning & Zoning May 7, 2015 Page 5 of 7 that there was a zoning error that was created with the platting of their third phase and the exhibit on the right shows you how much of the area represents the boundary of the final plat and how much of that boundary encroached into the adjacent zoning district boundary. So, you can see here a portion of the R-8 zoning or a portion of the plat that's zoned R-8 was encroaching into some of the C-C zoned property and, then, some of the R-8 zoning was encroaching into the R-4 zoning and, then, vice -versa, additional R-4 zoning was encroaching within the C-C zoned portion of the property and so rather than delaying the approval of that final plat, the City Council did approve the final plat with a condition that the applicant come back to the city and receive approval of a rezone application and that's really what this is this evening is really to clean up this discrepancy within the zoning boundary, so that the zoning does match with the approved final plat. Staff has received written testimony from the applicant. They are in agreement with the conditions of approval. As I stated in my staff report, we aren't recommending any conditions or a new development agreement. With the rezone of this property those approvals are in place. This property is currently subject to two existing development agreements at this point. So, really, nothing changing from what was -- what you acted on in 2013, just merely cleaning up the zoning boundary -- cleaning up the zoning boundaries to match the final plat. Again, the applicant is in agreement with the staff report. Staff has not received any other written testimony on its application and I would be happy to stand for any questions you may have. Yearsley: Are there any questions? Would the applicant like to come forward? Brown: I will be brief. Yearsley: Please state your name and address for the record. Brown: Kent Brown. 3161 East Springwood. I had my neighborhood meeting and I was the only one that was there. The contractors I think thought I was trying to steal something, so they wrote down my license plate number, make sure that after they left that I didn't take anything or if something was missing that they had my -- my license plate. We increased the size of the lots that were originally proposed there. Added more depth. We have been very successful in phase two of the development, which was the first phase of the original preliminary plat. Those larger lots in that area seem to be in a demand and so when we moved those lot lines we had have split zoning and needed to do this rezone. So, we are in agreement with the conditions. Yearsley: Any questions? Thank you. Brown: Thank you. Yearsley: Since we have no one else in the audience and no one else to comment, guess at this point we can -- I would entertain a motion to close the public hearing, unless there are any other questions associated with this. Fitzgerald: Mr. Chairman? Meridian Planning & Zoning May 7, 2015 Page 6 of 7 Yearsley: Commissioner Fitzgerald. Fitzgerald: I move we close the public hearing. Wilson: Second. Yearsley: I have a motion and a second to close the public hearing on RZ 15-006. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Yearsley: Comments? I guess I will go. I think this is a good fit. I like the larger lots and just kind of clean-up items, so I don't see really issues with that and if no one else has any issues I would entertain a motion. McCarvel: Mr. Chairman? Yearsley: Commissioner McCarvel. McCarvel: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number RZ 15-006 as presented by the staff report for the hearing date of May 7th, 2015. Fitzgerald: Second. Yearsley: I have a motion and a second to approve public hearing file number RZ 15-006, Three Corners. All in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: ALL AYES. Yearsley: With that I think we have one last motion to make. Fitzgerald: Mr. Chairman, I would move that we adjourn. McCarvel: Second. Yearsley: I have a motion and a second to adjourn. All in favor say aye. Opposed? MOTION CARRIED: ALL AYES. Yearsley: We stand adjourned. Thank you. MEETING ADJOURNED AT 6:12 P.M. Meridian Planning & Zoning May 7, 2015 Page 7 of 7 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED /A �c STEVEN YEARSLEY CHAT ATTEST: 0 i41JCe 0 A I Ick,v rK— hK 'JAYCEE HOLMAN, CITY CLER _5I -�2/ l��S DATE APPROVED