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2020-11-19 Item 1. Meridian Planning and Zoning Meeting November 19, 2020. Meeting of the Meridian Planning and Zoning Commission of November 19, 2020, was called to order at 6:02 p.m. by Chairman Ryan Fitzgerald. Members Present: Chairman Ryan Fitzgerald, Commissioner Lisa Holland, Commissioner Bill Cassinelli, Commissioner Andrew Seal, Commissioner Rhonda McCarvel, Commissioner Nick Grove and Commissioner Steven Yearsley. Members Absent: Commissioner Bill Cassinelli. Others Present: Adrienne Weatherly, Andrea Pogue, Bill Parsons, Sonya Allen, Joe Dodson and Dean Willis. ROLL-CALL ATTENDANCE _X Lisa Holland X Rhonda McCarvel (6:20 pm) X Andrew Seal X Nick Grove _X Steven Yearsley Bill Cassinelli X Ryan Fitzgerald - Chairman Fitzgerald: So, at this time I would call -- I would call the -- call to order the regularly scheduled meeting of the Meridian Planning and Zoning Meeting for the date of November 19th and let's start with roll call. ADOPTION OF AGENDA Fitzgerald: Thanks, Madam Clerk. The first item on the agenda is the adoption of the agenda. We do have a couple of items just -- I want to let everybody know what we are working on. We have -- the first on the agenda is the application for Skybreak, H-2020- 0079. We will open that application up just to approve a request to withdraw that application. In addition, Poiema -- Poiema Cavalry -- Calvary -- I can't talk tonight -- Chapel has been requested to continue until December 3rd and we will have Tamara Thompson, the applicant's representative, to give an explanation there and Joe can give us some information. But those are the only two changes I have or updates. So, with that can I get a motion to accept the agenda as presented? Seal: So moved. Holland: So moved. Seal: Second. Fitzgerald: I have a motion and a second to accept the -- adopt the agenda as presented. Meridian Planning&Zoning Commission Item 1. November 19,2020 5 Page 2 of 20 All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: FIVE AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the November 5, 2020 Planning and Zoning Commission Regular Meeting Fitzgerald: The next item on the agenda is the Consent Agenda, which is -- the only item on there is the approval of minutes for the November 5th, 2020, Planning and Zoning Commission regular meeting. Any comments on the Consent Agenda or anything we need to deal with? If not, I will entertain a motion. Holland: Mr. Chair, I would move that we approve the Consent Agenda. Yearsley: Second. Fitzgerald: I have a motion and a second to approve the Consent Agenda. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: FIVE AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Fitzgerald: So, at this time I will explain the hearing process. We appreciate the patience of our Meridian citizens as we deal with kind of ramifications of COVID and the pandemic. So, we have both folks in person -- Commissioner Seal, we really appreciate you being there in person. I think our staff is all remote and can be in chambers if they need to be, but we have everybody kind of socially distanced online. We appreciate everybody continuing to do the work of the city while we are dealing with rising cases of COVID. So, as we start this process the staff will report their findings for each application regarding how the item adheres to our Comprehensive Plan and the Uniform Development Code with the staff's recommendations on the application. After the staff has made their presentation the applicant will come forward to present their case for the approval of the application and respond to staff comments. The applicant will have 15 minutes to make their presentation and, then, after the applicant is finished we will open the floor to public testimony. Hopefully -- I don't -- do we have anybody in person, Commissioner Seal, or is it just you? Seal: There is nobody in chambers. Fitzgerald: Okay. So, if there is folks online on Zoom we will ask you to raise your hand for the application you would like to comment on and the clerk will transfer you over to be a panelist and we will let you provide your testimony. Each individual will have an opportunity for three minutes to give your testimony. We will not take additional testimony Meridian Planning&Zoning Commission Item 1. November 19,2020 6 Page 3 of 20 after you have given your three minute presentation. So, please, make sure you get your points across. If we have heard issues that have already been brought up, please, focus on new issues or things that the Commission hasn't heard. After we have taken all testimony the applicant will be given another ten minutes to come up and close and, hopefully, answer any questions that the public has presented during the evening conversation and after that we will close the public hearing and the Commission will have an opportunity to deliberate on the application and, hopefully, make a recommendation to City Council. ACTION ITEMS 2. Public Hearing Continued from October 15, 2020 for Skybreak (H-2020-0079) by Laren Bailey, Conger Group, Located at 3487 E. Adler Hoff Ln. A. Request: Annexation of 80.46 acres of land with an R-8 zoning district. B. Request: A Preliminary Plat consisting of 353 building lots, 40 common lots and 14 other lots (i.e. 12 common driveway lots, 1 private street lot and 1 lot for the existing home) on 79.69 acres of land in the R-8 zoning district. Fitzgerald: So, with that we will move on to the first item on our agenda, which is the public hearing for Skybreak Subdivision, H-2020-0079, and can I get a motion to allow this applicant to redraw that application? Yearsley: Mr. Chair, I move that we accept the application to withdraw. Holland: Second. Fitzgerald: I have a motion and a second to allow the applicant to withdraw Skybreak Subdivision, H-2020-0079. All those in favor say aye. Any opposed? Motion passes. Thank you very much. MOTION CARRIED: FIVE AYES. TWO ABSENT. 3. Public Hearing for 2810 E. Franklin Rd. (H-2020-0097) by KM Engineering, Located at 2810 E. Franklin Rd. A. Request: Annexation of 1.01 acres of land with a C-G zoning district. Fitzgerald: Next item on the agenda is the public hearing for 2010 East Franklin Road, the file number H-2020-0097, and I will turn it over to Sonya for the staff report. And, Sonya, if you are talking we cannot hear you, because you are on mute. I see you coming off mute, Sonya, are you -- Meridian Planning&Zoning Commission Item 1. November 19,2020 7 Page 4 of 20 Allen: Oh, there we go. Thank you, Adrienne. A bit of a learning curve. It has a different display tonight and it's not very intuitive. Any who. The application before you next is a request for annexation and zoning. This site consists of 1.01 acres of land. It's zoned RUT in Ada county and is located at 2810 East Franklin Road. Fitzgerald: Sonya, can you hold on one second. We don't see your slides if we are working on that. Can we get those up on Zoom for us or is that possible from -- Allen: Yes. Just a moment. I'm sorry. I'm seeing a different screen on my side and it looked like it was up. Just a moment. Fitzgerald: Thank you, ma'am. Allen: How about that? Can you see that? Fitzgerald: Yep. Allen: Okay. Fitzgerald: Thank you so much. Allen: All right. We are rolling. Sorry about that. Adjacent land use and zoning. To the west is a multi-tenant commercial building, zoned M1 in Ada county. To the north is industrial property vacant and a landscape supply business, zoned I-L. To the east is a residential home, zoned C-G, to be redeveloped in the future with commercial use. And south is Franklin Road and across Franklin is a residential home, zoned R1 and Jump Time, an indoor entertainment center, zoned C-C. The Comprehensive Plan future land use map designation for this property is commercial. The applicant proposes to annex the 1 .01 acres of land with the C-G zoning district consistent with the associated future land use designation of commercial. A conceptual development plan is proposed as shown that depicts the existing residential home on the property that the applicant proposes to remodel and expand for a flex space use. The concept plan depicts 2,239 square feet of office on the first floor and 1 ,550 square feet of office and support uses in the basement of the existing structure and a new 2,600 square foot structure for a warehouse. The new structure is proposed to the north behind the existing building and will include a daylight basement. The user will be an automotive tool and equipment supplier classified as a flex space use. The business proposes to sell products online to automotive businesses and to home mechanics and will not conduct any retail sales on the site. Flex space is a principal permitted use in the C-G zoning district and is subject to the specific use standards listed in UDC 11-4-3-18. The proposed use and site design complies with these standards. The topography of the site slopes down significantly from Franklin Road to the north property boundary and has approximately a 20 foot grade difference as shown on the grading plan on the right. A retaining wall is proposed at the north and west boundaries of the area proposed to be improved with this project. A 35 foot wide street buffer is required with development along Franklin Road, an entryway corridor. Landscape per the standards listed in UDC 11-313-7C. The existing driveway Meridian Planning&Zoning Commission Item 1. November 19,2020 $ Page 5 of 20 access via Franklin Road is proposed to remain for access to the site and has been approved by ACHD. Because it closely aligns with the driveway on the south side of Franklin Road, relocation of the driveway is not recommended. The UDC requires cross- access ingress-egress easements to be granted to adjoining properties where access to a local street is not available, unless otherwise waived by City Council. In accord with this standard, staff is recommending cross-access easements are provided and driveways are constructed to the properties to the east and west. A 20 foot wide cross- access easement is depicted on the concept plan to the east and west, but the applicant is requesting Council approval of a waiver to this requirement to not provide cross-access easements due to the topography of the site and site constraints related to the space available for development. At a minimum staff is recommending that Council require cross-access to the west. Would like to note, though, however, staff did contact Ada county to see if a cross-access easement was provided to the subject property with redevelopment of the adjacent property to the west in 2002, but it was not. So, if a cross- access is granted on this property, it will not be able to connect until the properties to the east and west, if required, grant reciprocal cross-access. So, just a note on that. A minimum of 12 vehicle spaces, based on 6,389 square feet of gross floor area, and one bicycle space is required. A total of 13 spaces are depicted on the concept plan, including an ADA space, which is one more than required. However, if cross-access easement driveways are promoted -- are provided to adjacent properties as required, parking will be reduced by up to three spaces, which will result in parking below the minimum required standard. If a waiver is not approved by Council to the requirement for cross-access, the applicant may apply for alternative compliance or construct a smaller addition to reduce the parking requirement. Parking lot landscaping is required to be provided in accord with UDC standards, which requires a minimum five foot wide perimeter landscape buffer adjacent to parking, loading, or other paved vehicular use areas, landscaped per the standards in the UDC. A retaining wall and fence is proposed along the west boundary adjacent to the parallel parking spaces where the buffer is required, which doesn't leave adequate area for landscaping. If the site cannot be reconfigured to comply with this standard, alternative compliance may be requested with the certificate of zoning compliance application. The Snyder Lateral exists in a 40 foot wide easement on the northern property -- portion of the property that is not proposed to be improved. All irrigation lateral -- laterals are required to be piped unless improved as a water amenity or linear open space. The City Council may waive this requirement if it finds a public purpose requiring such will not be served and public safety can be preserved. The applicant proposes to fence off the area where the lateral is located to preserve public safety and request a Council waiver to this requirement to allow the lateral to remain open. Because a large portion of the site on the north end is not proposed to be improved, staff is recommending weeds are regularly maintained in this area, so as not to create a nuisance and in a manner that prevents wildfire in accord with Meridian City Code 4-2. Conceptual building elevations with materials were submitted for the remodel of the existing structure and proposed addition as shown. The materials for the front facade and sides of the existing building consistent of stucco with pre-faced metal siding and stone veneer accents. The materials for the proposed warehouse addition consist of a mix of horizontal and vertical metal siding. All improvements to the existing structure and new construction are required to comply with the design standards listed in the Meridian Planning&Zoning Commission 191 Item 1. November 19,2020 Page 6 of 20 architectural standards manual. Written testimony was received from Stephanie Leonard, KM Engineering, the applicant's representative, in agreement with the staff report, except for condition A-1-13, which requires cross-access easements to be granted and driveways constructed for cross-access with the abutting properties to the east and west. The applicant requests Council approval of a waiver of this provision, as previously mentioned, to not require cross-access to adjacent properties due to existing site constraints. The amount of grade, combined with elimination of parking stalls, would make construction of cross-access driveways infeasible. Staff is recommending approval of the annexation with a development agreement with the provisions noted in the staff report. Staff will stand for any questions. Fitzgerald: Thanks, Sonya. Are there any questions for staff at this time? Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: Sonya, the -- on the frontage, are they going to be required to remove that white fence that's on the frontage there and do -- they are going to have to do landscaping on the frontage as well; is that correct? Allen: Mr. Chair, Commissioner Holland, yes, they will be required to provide a new 35 foot wide landscape buffer and fences cannot be within that buffer, they would have to be at the back edge of the buffer. Holland: Okay. Thank you. Allen: Yes. Fitzgerald: Additional questions for Sonya? Hearing none at this time -- I know Stephanie is with us. Hopefully you can transfer her over. Weatherly: Stephanie, one moment. Allen: Stephanie, I have stopped sharing my screen, so you should be able to go in and share yours now. Fitzgerald: Stephanie, welcome. Thanks forjoining us this evening. I think -- Sonya said she stopped sharing her -- sharing her screen, so if you would like to take over and -- Leonard: Okay. Fitzgerald: -- put up your slides you are welcome to do so, ma'am. Leonard: Perfect. Thank you. Just a second. Okay. It should be showing up shortly. Hopefully. Meridian Planning&Zoning Commission Item 1. November 19,2020 Flo] Page 7 of 20 Fitzgerald: Yep. Leonard: Okay. Good evening. Thank you very much. Good evening, Mr. Chair, Members of the Commission. Thanks for allowing me to join you virtually tonight. My name is Stephanie Leonard with KM Engineering. 9233 West State, Boise. 83714. Sonya did a great job summarizing our request. I will try to keep my presentation pithy, so we can keep to discussing it. We are requesting to annex into the city for a flex space building to accommodate an online sales of automotive tools and equipment and we are requesting -- let me see if I can get it -- sorry, my screen isn't working. We are requesting the C-G zoning district. So, we are requesting to zone from RUT to C-G, which as you can see with this map is consistent with property to the east. We have also got light industry to the north and, then, community business district -- district down to the south. The future land use map, as Sonya said, is commercial for this area as well. So, we are consistent with that. There are some residential properties to the west, but a nice buffer of commercial and industrial directly to our west. This is our conceptual site plan. It's changed a bit since the one that we submitted with our application. We chatted with staff and made some changes, specifically added the 35 foot land -- landscape buffer that Sonya mentioned and, then, moved the ADA space out of that buffer. Otherwise, everything has remained the same. We are planning to renovate the existing building on the property and use that as office and support space. So, that's this front part of the building, the existing home, and, then, proposing to add a building addition that will include a daylight basement and will be used for warehouse space and that's approximately 2,600 square feet. We are providing the required number of parking spaces with the site plan and have specifically tried to work around this existing building and configured our drive aisle the best we can and parking the best we can, given the current configuration of the building on the site and, then, the site concerns that Sonya has mentioned with the grade and some of just the interesting site characteristics here. So, the driveway that we are proposing to Franklin is an existing driveway that's there. It does align fairly well with Jump Time to the south. ACHD and the city both agree that that's a good location, since it aligns there. These are our building elevations. The west and north -- so, this will be facing the industrial property to the north. We are proposing a roll up door for the deliveries that occur occasionally and, then, the northern -- I'm sorry. The south elevation will be more ornate for the -- for facing Franklin Road and, then, also the east elevation -- you can see here, too, with the daylight basement we are accommodating some of the grades. You can kind of see how much that changes throughout the site. We are proposing a mix of materials and finishes. We are going to have varying siding materials, stone veneer product on the front, and, then, stucco as well. All of that will be kind of further detailed in our certificate of zoning compliance and design review application should this annexation application be approved. As Sonya mentioned, we are requesting -- or going to be requesting a couple of waivers from Council to deal with the cross-access ingress-egress easements and construction of those driveways to the east and west. As she mentioned, there is a fair amount of grade on this site and building those would actually be a little bit awkward, just because the site's out of a grade that would be about five -- I believe it's five feet lower than what ours would be. So, it would almost be like a driveway leading to a -- much higher than the site to our west. To the east I believe staff is in agreement with us, we don't think that adding a cross-access driveway there would Meridian Planning&Zoning Commission Item 1. November 19,2020 Fil Page 8 of 20 make sense, just because it would get rid of some of our parking and there is also the additional grade and retaining walls that we have planned on the west and east. So, let's see. The second waiver that we are requesting that she mentioned is to leave the Snyder Lateral open. It's actually -- so, the retaining wall I just mentioned is going to go kind of along our property boundary on the west here and, then, across and, then, it does -- kind of curves that way. The Snyder Lateral is a fair distance away from that retaining wall and fence. We think that that will provide some security for folks that may be entering the building and we will kind of keep that lateral safe -- and folks safe from it and we also think it will be a nice amenity to be left open. In addition, it looks like there is quite a bit of vegetation out there and leaving that kind of in its natural state is something that the property owner would prefer to do. So, that's another waiver that we will be discussing with City Council. So, overall we think that this project is really going to be an improvement for this area. It's -- as you can see from the elevations it's going to be a nice building. It's going to be an improvement from what's already there and will add existing commercial opportunities to the area in line with the future land use map and just consistent with the rest of the zoning in the area and we think that this is in the best interest for the City of Meridian. So, with that -- I think that our -- one of our design members is on the phone, too, if you have got any questions for him, but I'm happy to stand for questions as well. Fitzgerald: Thanks, Stephanie. We appreciate it. Are there any questions for the applicant at this time? Seal: Mr. Chair? Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: Looking at how much -- you have got about -- a little over 35 -- well, over 3,500 square feet of office space. I'm a little bit concerned about the parking ratio and I know it meets code standards, but is there -- I mean I don't know if you have another option of where to add more parking in there, but do they have a significant number of people that are planning to work in those offices? Leonard: No. Thank you, Commissioner. Sorry, Mr. Chair, Commissioner Holland. No, they actually -- I don't actually know how many employees they are planning on having, but they won't have a retail component or any customers that will be -- or coming to the office, so it's really going to be just the folks that work there that are preparing things to be shipped out, essentially. So, they use FedEx and UPS and they occasionally have larger trucks that will come to deliver things. From my understanding that's a couple times a year. But, otherwise, they are not going to have a lot of folks coming and going, it's just going to be -- my guess is probably four or five employees. I don't know for sure how many they have got. But I think that the parking should be adequate. That was my understanding from the owner. Meridian Planning&Zoning Commission Item 1. November 19,2020 F12 Page 9 of 20 Holland: Okay. Thanks, Stephanie. Seal: Mr. Chair? Fitzgerald: With alternative -- I mean if you are not granted a waiver on the cross-access easement request, what is your alternative compliance concept? Do you have one? Leonard: Thank you, Mr. Chair. I -- you know, I think if we were required to construct the cross-access it's probably something that we could figure out. I don't know that we have got an alternative figured out for that specifically. I don't know that it's an -- I don't know that we would be able to approve it with an alternate compliance request. I think that it's something that we would be required to get a waiver from for Council. We are -- we are amenable to providing the cross-access easement. As we put on our site plan it's the construction that we are kind of having a hard time with specifically. So, I don't know, maybe -- I could speak with our client and see if there is something that they would be able to propose in lieu of that, but I think it's just, really, the grade and kind of the site constraints that are making it difficult to construct it. Fitzgerald: Understood. Thank you for the clarification. Leonard: Uh-huh. Fitzgerald: Commissioner Seal. Seal: Yeah. Just a question on the fence. On the -- essentially the north eastern side of the property there, is -- Leonard: Uh-huh. Seal: -- is that fence going to continue all the way down to the building that's being built or does it just incorporate the west side and the north side? Leonard: The -- I have, actually, an exhibit that I meant to include here, but the retaining wall and fence -- so, this is the fence line with the X's and just this --the dashes and, then, the retaining wall is this larger kind of thick line. So, the fence line will continue to the building. I'm sorry. The edge of the parking lot and will stop at the building and, then, the retaining wall will kind of continue almost to the -- to the east side. Seal: Okay. Thank you. Leonard: Thank you. Holland: Mr. Chair, one more follow up question. Fitzgerald: Go right ahead, ma'am. Meridian Planning&Zoning Commission Item 1. November 19,2020 F13 Page 10 of 20 Holland: In the parking area there is kind of a patch that's labeled number three. Is that -- can you just explain to me what that is, just so I'm understanding what I'm looking at. Leonard: Sure. Mr. Chair, Commissioner Holland. I believe that's a drainage swale. can -- unfortunately, when sharing my screen I can't look at all my things in detail, but -- yeah, that's a -- like a sewer drainage kind of. Well, actually, storm drainage. I'm sorry. Holland: Okay. Thank you. Leonard: Yeah. It's just -- Fitzgerald: Any additional questions for Stephanie? Well, Stephanie, we will let -- we will have public testimony and if there are questions or comments we will have you come and close either way, but we really appreciate the information. Leonard: Of course. Thank you. Fitzgerald: Madam Clerk, are -- do we have anyone in the public who would like to testify on this application? Weatherly: Mr. Chair, we have no one in house, but I also see that Tamara Thompson signed up online and indicated a wish to testify. Tamara, I'm just going to allow you to talk if you wanted to say anything. You should have the ability to unmute yourself. Thompson: Hi. Tamara Thompson. That was a mistake. I meant to do the next two. Apologies. Fitzgerald: Well, we appreciate you being here, Tamara. Is there anyone who would like to testify on this application? Please put your hand up, raise your hand via the Zoom platform, and the clerk will make sure you are transferred over to the -- as a panelist, so we can hear you. Leaving that pregnant pause for a moment. Not seeing anyone, are there any questions for staff? If not, I will bring Tamara up --or, sorry, Tamara. Stephanie up to close and see if there is any final comments she wants to make. Stephanie, do you want to say any additional words for us to close? Leonard: Mr. Chair, I don't have a whole lot to add. I will I guess just reiterate that we are in agreement with the staff's conditions in their report and just would like to thank them for their discussion with Council about those waivers that we are requesting. So, thank you. If you have any questions I'm happy to answer. Fitzgerald: Well, we appreciate you being here tonight. Any additional questions for Stephanie or for staff? If not, I would entertain a motion to close the public hearing. Seal: Mr. Chair? Holland: Mr. Chair, I move we close the public hearing -- or close the evidence and move Meridian Planning&Zoning Commission Item 1. November 19,2020 F14 Page 11 of 20 to deliberation for 2810 East Franklin Road, H-2020-0097. Seal: Second. McCarvel: Second. Fitzgerald: I have a second to close the public hearing on H-2020-0097. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Weatherly: Mr. Chair? Fitzgerald: Madam Clerk. Weatherly: Pardon me for the interruption. I just wanted to note for the record Commissioner McCarvel joined us at 6:20 p.m. Fitzgerald: Glad they turned the lights over on Victory for you, madam. McCarvel: Yeah. It shut down my internet right as I was logging on and, then, it just frazzled everything for a few minutes. Fitzgerald: Well, we are happy to have you. With that would anyone like to start us off? This one seems pretty straightforward to me. I understand there may be a parking question, but the use seems pretty -- not people or car heavy, so I think it's up to Council whether they are going to require an alternative compliance. So, I don't understand why their requests aren't made to have those cross-accesses put in when -- when the -- at least the property to the west was redeveloped. It's baffling to me. But that's -- and it's challenging. But anyone want to start off comments? Yearsley: Mr. Chair, this is Steven Yearsley. Fitzgerald: Commissioner Yearsley, go right ahead, sir. Yearsley: I -- you know, when you -- you have a good staff report and the applicant agrees with the staff report, it sure makes it a lot easier to comment on. I think it's a good project. I think it kind of fits the area. A good transition spot for the -- the site -- or the -- I can't even think of it now. The -- the building frontages look really good. I think it looks nice and so I would be in favor of it. Fitzgerald: Spoken like a true former chairman. I like it. Commissioner Holland, you came off mute, so you get to go next. Holland: Oh, great. Mr. Chair, I -- I don't see any big concerns with it either. My only preference would be that -- I wish sometimes that projects like this could have -- both this Meridian Planning&Zoning Commission Item 1. November 19,2020 F15] Page 12 of 20 property and the one to the east of them developing at the same time, so we didn't have multiple of these kind of projects next to each other, but I think it's -- it's nice that they are going to plan to upgrade the frontage, make it look a little bit nicer on the facade. It won't look like a residential house anymore and certainly an improvement to what's there right now. So, I don't see any big concerns and appreciate the applicant's explanation of -- looking at 3,700 square feet of office space, that can house quite a few people, so that would be my only concern in the future if it ever changed uses, if you had somebody that came in that had a lot more parking needs, but for what use they are proposing I'm not too worried about it. Fitzgerald: Commissioner Seal or Commissioner Grove, any thoughts? Grove: Mr. Chair? Fitzgerald: Go ahead, Commissioner Grove. Grove: I don't have anything substantial to add. It looks good. It looks like it will fit with what's there, so -- Fitzgerald: Thanks, sir. Seal: Mr. Chair? Fitzgerald: Commissioner Seal. Seal: The only -- only thing that I would -- in looking at it -- and Commissioner Holland kind of touched on it -- was that it looks like the little drainage that they have in the middle of what is the parking lot there, it seems like maybe that could move -- or be built where the -- you know, where they have difficulties with the grade and kind of get that out of that area, so they could have more parking spots. That could also be something that they could consider I think for, you know, that cross-easement possibly. I don't know. To make that a reality. But it just seems like that was kind of put in there where it could be put somewhere else on the site and, again, I'm not an engineer, so I don't know if that's feasible or not, but it seems like there is a -- some space over there they could -- they could definitely take advantage of to do a couple of different things. As far as the application itself, I think it's going to be a good fit for that -- that part of the city and -- I mean where they are going to have, you know, different shipments coming in and out, you know, it's a good place for that as well. So, the -- the traffic -- or, sorry, the streets are already improved and signalized and close access to the freeway, so it's a good fit. Fitzgerald: Thank you, Commissioner Seal. Commissioner McCarvel. McCarvel: Yeah. I'm -- I agree with Commissioner Yearsley before, when you have got a well written staff report and when the applicant agrees, it's pretty easy. I guess there is, you know, always some -- a few things that could be tweaked, but I'm in general in favor of the project. Meridian Planning&Zoning Commission Item 1. November 19,2020 F16 Page 13 of 20 Fitzgerald: Somebody want to take a swing? Seal: Mr. Chair. Fitzgerald: Commissioner Seal. Seal: After considering all staff, applicant, and public testimony, I move to recommend approval of the City Council of file number H-2020-0097 as presented in the staff report for the hearing date of November 19th, 2020. Grove: Second. Fitzgerald: I have a motion and a second to recommend approval of file number H-2020- 0097, 2810 East Franklin Road. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. 4. Public Hearing for Poiema Calvary Chapel (H-2020-0095) by The Land Group, Inc., Located at 3727 E. Lake Hazel Rd. A. Request: A Conditional Use Permit to construct a new church facility built in two phases to total 52,000 square feet and 320 parking spaces at total buildout on approximately 7 acres of land on Lot 1, Block 2 of Poiema Subdivision in the R-15 zoning district. Fitzgerald: Stephanie, thanks for being here tonight. Good luck and we will see you soon. So, moving on to the next item on our agenda is Poiema Calvary-- Calvary Chapel and, Joe, I think we were moving to continue this one, so you want to give us a heads up and, then, we can let Tamara come in and give us her thoughts as well. Dodson: Yes, sir, Mr. Chair. Can everybody hear me okay? Fitzgerald: Yes. Dodson: I'm not Darth Vader still? Okay. Yeah. I wish we could hear this tonight. Unfortunately, there was a condition in the staff report that is going to require a little further review by both me and the applicant to clarify and, then, make sure that the -- the notice that went out regarding the project includes something about this. So, at this point the applicant is requesting to continue it. I'm not sure of the date. I would love for it to be on the next hearing on the 17th -- or in a month I should say, but I do show that we already have six on that and a few of them are quite large. I do think that this would be a straightforward hearing, in my professional opinion, for this project, but we will -- I would leave that up to you guys and the clerk to tell us a little bit more. I don't know if-- of those six of how many of those were actually scheduled or if they are just a placeholder. Meridian Planning&Zoning Commission Item 1. November 19,2020 F17 Page 14 of 20 Fitzgerald: So, Joe, can we do it on the -- on the next application, which is actually the -- not the 17th. It's the 3rd. Dodson: Madam Clerk -- Fitzgerald: We have got three -- we have got three hearings on the 3rd and five for the 17th. Does time allow Tamara -- and maybe we can let her talk here in a second, but would the 3rd allow enough notification and all the logistics to be taken care of that you are aware of if we wanted to do it on -- on December 3rd? Joe? Dodson: Oh, sorry, sir. I think on my end, yes, I would say, Mr. Chair, but I'm not sure if there is a legal aspect to that with noticing and anything like that. I don't know if that two weeks is enough time. Fitzgerald: Okay. Dodson: I would default to Bill, which has institutional knowledge, and -- or Madam Clerk tonight. Fitzgerald: Mr. Parsons or Madam Clerk, do you want to chime in there and, then, I can let Ms. Thompson give us her thoughts as well. Parsons: Yeah. Mr. Chair, I would like to also get maybe a legal opinion, too. If we are going to have to renotice this, so that we could amend the application to include the request for conditional use for the outdoor speakers, then, certainly the 3rd is not going to work. Fitzgerald: Okay. Parsons: It's going to have to be 30 days in order to meet the posting requirements and the notification requirements under the -- under the city code. So, we are looking at the 17th is probably the -- the optimal date and I think we have missed that window, if I'm -- unless the clerk can do special noticing, but I will leave that up to Adrienne if she wants to -- if she wants to chime in on that portion of it. Fitzgerald: Now I need Andrea or Adrienne to give me direction. Weatherly: Mr. Chair, this is Adrienne. I can make an -- I can make an effort to notice for December 17th, just as long as everybody's aware that as far as I understand this would be number six. I see five that are on for noticing already. So, this would be number six. But I definitely can accommodate noticing. I cannot accommodate if it needs to be renoticed for December 3rd. That date has already past. Fitzgerald: Okay. Okay. Andrea, do you concur with our -- making sure we are staying above board on the legal side? Meridian Planning&Zoning Commission Item 1. November 19,2020 F18 Page 15 of 20 Pogue: Can you hear me, Ryan? Fitzgerald: Yes. Pogue: Mr. Chair? Yeah, I think we should go with the 17th. Fitzgerald: Okay. Okay. Dodson: Mr. Chair, I'm fine with that. I have two other projects, so why not make it a triple header there. Fitzgerald: Vice-Chair Holland, I think I'm getting a cold. Holland: Yeah. Me, too. Fitzgerald: Tamara, can you chime in here? I want to make sure you are comfortable where we are headed. So, you come off mute and give us your thoughts, ma'am. Thompson: Absolutely. Tamara Thompson with The land Group. I am representing the property owner and we are disappointed that we can't go forward tonight, but we understand and procedurally we want to make sure that everything is right. So, since we have to be continued that December 17th date would be -- Fitzgerald: Okay. Well, we --we apologize for the circumstances and we appreciate your patience and hopefully that will work. Anything else we need to be aware of? You guys are all squared away, other than that; correct? Thompson: That is correct on my side. Weatherly: Mr. Chair? Fitzgerald: Madam Clerk. Weatherly: One more point of clarification. If we do have to -- if we are required to renotice there will be a renoticing fee. In the motion will you, please, specify if the renoticing fee is going to be waived or required to be paid by the applicant. Fitzgerald: Yeah. This is something we should talk about. Yeah. Thank you for the clarification. We will definitely touch on that. Joe, this was something that came out of -- out of our staff report and not -- it was not in a pre-app or -- how do you want us to take that on? Because I -- Dodson: Yes, sir. Mr. Chair, yeah -- yeah, in most cases, yeah, I think, you know, it's usually some kind of noticing mistake by the applicant. In this case I will take blame for this in not allowing this -- or I should say for allowing this to get to this point and not having checked with my boss. So, if it's okay with the Commission, I would say to waive the Meridian Planning&Zoning Commission Item 1. November 19,2020 F19 Page 16 of 20 renoticing fee for them this time. Fitzgerald: Okay. Commissioners, is there any additional questions you need answered or -- from the applicant or from staff? Hearing none, I -- Commissioner Holland. Holland: I was just going to make a motion. Fitzgerald: Go right ahead, ma'am. Holland: December 17th, is that the date we are looking at? Fitzgerald: Yes, ma'am. Holland: Mr. Chair, I move that we continue the public hearing for Poiema Calvary Chapel, H-2020-0095, to the hearing date of December 17th to allow for proper noticing and that the city would waive that fee for them on the renoticing. Seal: Second. Grove: Second. Fitzgerald: I have a motion and a second to continue file number H-2020-0095, Poiema Calvary Chapel, to the hearing date of 12 -- of December 17th. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: Thank you all very much and, Tamara, we appreciate your patience and give our best to your -- your client. Thompson: I will. Thank you. 5. Public Hearing for Wadsworth Meridian Subdivision (H-2020-0104) by Wadsworth Development, Located at 3085 E. Ustick Rd. A. Request: Preliminary Plat consisting of five (5) commercial building lots in the C-G zoning district for ownership purposes. Fitzgerald: Moving on to the next item on our agenda is a public hearing for Wadsworth Meridian Subdivision, file number H-2020-0104. And, Joe, I think this one is yours as well, sir. Dodson: Yes, sir, it is. Thank you. And thank you, Commissioners, for being accommodating for my snafu. I appreciate that and thank you, Tamara, for that as well. I greatly apologize for that. As noted, the next application on our docket here is for Wadsworth Meridian Subdivision. It is a commercial subdivision requesting a five lot Meridian Planning&Zoning Commission Item 1. November 19,2020 F20 Page 17 of 20 subdivision. The site consists of 3.29 acres of land, currently zoned C-G, and it is located at 3085 East Ustick. The subject site is located specifically at the southwest corner of Eagle and Ustick. To the east and across Eagle are two large commercial centers. To the north is an additional commercial center. The surrounding areas provide a plethora of commercial uses that are used at a regional level. Directly to the west of the subject site is intended and I should say approved the high end indoor gym, the Villa Sports subdivision, and further to the south of the site is existing residential and some community serving commercial between. As lots within this subdivision develop over time staff believes that they will likely be a higher benefit or utilized more by the future users of Villa Sport and residents to the southwest of this site, rather than regional when compared to the adjacent commercial across Eagle. Staff is of the opinion that there is less need for these five relatively small commercial lots to serve a regional base than those sites to the north and east. In addition, this project, in conjunction with the approved projects -- or uses to the west should satisfy the Comprehensive Plan and mixed use policies for mixed use regional. The requested preliminary plat proposes five commercial building lots that vary in size from .39 acres to just over one acre. The C-G zoning district does not have a minimum lot size requirement and all landscape buffers are previously approved with the original CZC for the overall site improvements and that approved in early 2020 with a 2019 number. When future buildings are proposed on each building lot staff will analyze each building for compliance with other dimensional standards of the C-G zoning district, like height. Access for the development will be via a shared driveway at the western boundary line and shared with the Villa Sport to the west and it's supposed to be constructed with the Villa Sport improvements and is limited to a right-in, right-out access. This applicant will be required to construct that shared driveway should this site develop before the Villa Sport project. There are no public streets as a part of this commercial development, therefore, no stub streets are proposed. Instead there are private drive aisles, as our standard for commercial developments. The applicant has an existing cross-access agreement with the adjacent commercial properties. That's to the west and to the south. It will be required to maintain the cross-access agreements across these proposed lots within their CC&Rs. Wrong computer. I got two computers going here. Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C-6B for nonresidential uses at the ratio of one space per 500 square feet of area. If any future restaurants are proposed, the parking ratio is one per 250. With the existing and approved CZC 109 parking spaces were approved, but did not show any parking directly adjacent to the future commercial buildings. So, the approved CZC does not show any of these lots, if you can see my pointer. The revised site plan provided by the applicant shows some changes to the parking lot that differ from the currently approved site plan. One of these changes includes three additional trash enclosures to totally four and are now proposed along the perimeter of the parking area. The original had one proposal in the center. Overall the changes with the additional trash enclosures and the parking here shows a net positive gain of 16 additional parking spaces. Again, as each pad site is developed the required number of spaces will be checked throughout the site and the applicant will be required to comply with the code requirements. And as noted above the parking for the whole site will be available for each building site. So, the -- each tenant will not be able to say that, oh, my part in front of my building is my spaces. They all have the cross-access. Because the overall parking plan has changed since the Meridian Planning&Zoning Commission Item 1. November 19,2020 F21 Page 18 of 20 original approval of the CZC, the applicant will need to obtain approval of a new one outlining the changes made to the site improvements prior to obtaining any building permits. There were no written testimony for or against this and staff does recommend approval of the requested preliminary plat and after that I will stand for questions. Thank you. Fitzgerald: Thanks, Joe. Are there questions for Joe or the staff at this time? Hearing none, would the applicant like to come forward or be recognized on Zoom. Thompson: Mr. Chair, Members of the Commission, Tamara Thompson with The Land Group, 416 East Shore Drive in Eagle and I am representing the property owner for this project as well. I do have a PowerPoint, but Joe did a really nice job of explaining everything. We have -- we have read the staff report and agree with staff's analysis and findings -- or recommended conditions and so we request your approval tonight and I will answer any questions, unless you do want me to share my screen, but a lot of it is the same thing that Joe just went through. Fitzgerald: Thanks, Tamara. Appreciate you doing double duty this evening. Are there any questions for Ms. Thompson? Tamara, I think you are hopefully getting off easy right now. Let's see if there is public testimony and I will allow you to close, ma'am. Madam Clerk, is there anyone who would like to testify on this application? Weatherly: Mr. Chair, one minute. Fitzgerald: If there is anyone who would like to testify on this application, please, raise your hand via Zoom. And, Commissioner Seal, I take it there is no one in chambers with you? Seal: That is correct. Weatherly: Mr. Chair, we did have one person sign up online, but did not indicate a wish to testify. Fitzgerald: Okay. Thank you, Madam Clerk. If there is a desire for that person to testify or anyone else that would like to testify, please, raise your hand. We will give a little bit of a pause here, make sure everyone has a chance to speak. Going once. Going twice. Are there any additional questions for Tamara at this time? Tamara, do you have any other comments you would like to make, ma'am? Thompson: Mr. Chair, Members of the Commission, no. I suspect that the other person that signed in was my client. But we -- again, we agree with staff's analysis and the recommended conditions of approval and we request your approval tonight. Thank you. Fitzgerald: Thanks, Tamara. Can I get a motion to close the public hearing? Seal: So moved. Meridian Planning&Zoning Commission Item 1. November 19,2020 F22 Page 19 of 20 McCarvel: So moved. Second. Fitzgerald: I have a motion and a second to close the public hearing on H-2020-0104, Wadsworth Meridian Subdivision. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: Team, what do you think? Anybody want to lead off? Holland: Mr. Chair? Fitzgerald: Commissioner Holland. Holland: It seems like a pretty straightforward application to me. I don't see any big concerns. Fitzgerald: My thoughts exactly. It was pretty thorough. I think we had a -- we thought through the original application with -- to the west of this for a long time. So, it's good to see this hard corner coming to fruition on Ustick. So, I feel comfortable with where they are headed. Anyone else? Comments or thoughts? If not, motions are always in order. Grove: Mr. Chair? Fitzgerald: Commissioner Grove. Grove: I will make a motion if that's okay with everyone. Fitzgerald: Go right ahead, sir. Grove: All right. After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number H-2020-0104 as presented in the staff report for the hearing date of November 19th, 2020. Seal: Second. Yearsley: I will second that. Fitzgerald: Okay. I was just going to say, I think I have a motion and a second. I have a motion and a second to recommend approval of file number H-2020-0104. All those in favor say aye. Any opposed? Motion passes. MOTION CARRIED: SIX AYES. ONE ABSENT. Fitzgerald: Thanks, Tamara. We appreciate it. Good luck. Hopefully we will see you in December. Well, that was a relatively painless adventure, folks. I think the next ones are Meridian Planning&Zoning Commission Item 1. November 19,2020 F23 Page 20 of 20 not going to be so easy and simple. So, I will accept one more motion and we can all go enjoy families. So glad to see Commissioner Holland. So good to see you. Stay safe. Stay healthy all. And anyone want me to make that final motion? Holland: I was going to say one more comment, too. It's really good to see Commissioner Yearsley back with us and I'm super glad to have you. Yearsley: Thank you. Holland; I hope you stick around. With that, Mr. Chair, I move we adjourn for the evening of November -- sorry -- 19th. McCarvel: Second. Fitzgerald: I have a motion and a second that we adjourn the meeting. All those in favor say aye. Any opposed? Okay. MOTION CARRIED: SIX AYES. ONE ABSENT. MEETING ADJOURNED AT 6:53 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED 12 1 03 12020 RYAN FITZGERALD - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK