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2023-08-17 Meridian Planning and Zoning Meeting August 17, 2023. Meeting of the Meridian Planning and Zoning Commission of August 17, 2023, was called to order at 6:00 p.m. by Chairman Andrew Seal. Members Present: Chairman Andrew Seal, Commissioner Maria Lorcher, Commissioner Jared Smith, Commissioner Enrique Rivera and Commissioner Mandi Stoddard. Members Absent: Commissioner Nate Wheeler AND Commissioner Patrick Grace. Others Present: Chris Johnson, Charlene Way, Kurt Starman, Bill Parsons, Sonya Allen, Linda Ritter and Dean Willis. ROLL-CALL ATTENDANCE Nate Wheeler X Maria Lorcher X_ Mandi Stoddard Patrick Grace X_ Enrique Rivera X Jared Smith X Andrew Seal - Chairman Seal: All right. Good evening. Welcome to the Planning and Zoning Commission meeting for August 17, 2023. At this time I would like to call the meeting to order. The Commissioners who are present for this evening's meeting are at City Hall. We also have staff from the city attorney and clerk's offices, as well as City Planning Department. If you are joining us from Zoom this evening we can see that you are here. You may observe the meeting. However, your ability to be seen on screen and talk will be muted. During the public testimony portion of the meeting you will be unmuted and, then, be able to comment. Please note that we cannot take questions until -- until the public testimony portion. If you have a process question during the meeting please e-mail cityclerk@meridiancity.org. They will reply as quickly as possible. With that let's begin with the roll call. Madam Clerk. Oh. Mr. Clerk. Sorry. ADOPTION OF AGENDA Seal: All right. First item on the agenda is the adoption of the agenda. Need to announce that Windrow Neighborhood, File No. H-2023-0031, will be opened for the sole purpose of continuing to a regularly scheduled meeting. It will be opened for that purpose only. So, if there is anybody here to testify we will not be taking public testimony on that this evening. Can I get a motion to adopt the agenda? Smith: So moved. Rivera: Second. Seal: It's been moved and seconded to adopt the agenda. All in favor, please, say aye. Opposed nay? Motion carries. Meridian Planning&Zoning Commission August 17,2023 Page 2 of 10 MOTION CARRIED: FIVE AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the August 3, 2023 Planning & Zoning Commission Meeting 2. Findings of Fact, Conclusions of Law for The Base Jiu Jitsu at Hickory (H-2022-0032), by The Base Jiu Jitsu, located at 2640 E. State Ave. 3. Findings of Fact, Conclusions of Law for New Horizon Academy (H- 2023-0034), by CASCO, located at 2918 S. Meridian Rd. Seal: Next item on the agenda is the Consent Agenda and we have three items on the Consent Agenda. First is to approve the minutes of the August 3, 2023, Planning and Zoning Commission meeting. We also have the Findings of Fact -- Findings of Fact and Conclusions of Law for File No. H-2022-0032 for the Base Jiu Jitsu at Hickory. And File No. H-2023-0034 for New Horizon Academy. Could I get a motion to accept the Consent Agenda as presented? Smith: So moved. Seal: Do I have a second? Lorcher: Second. Seal: It's been moved and seconded to adopt the Consent Agenda. All in favor say aye. Opposed nay? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Seal: At this time I would like to briefly explain the public hearing process. We will open each item individually and begin with the staff report. Staff will report their findings on how the item adheres to the Comprehensive Plan and the Unified Development Code. After staff has made their presentation the applicant will come forward to present their case and respond to staff comments. They will have 15 minutes to do so. After the applicant has finished we will open the floor to public testimony. Each person will be called on only once during the public testimony. The Clerk will call the names individually of those who have signed up in advance to testify. You will need to state your name and address for the record and you will have three minutes to address the Commission. If you have previously sent pictures or a presentation for the meeting it will be displayed on the screen and you will be able to run the presentation and there will be assistance from Meridian Planning&Zoning Commission August 17,2023 Page 3 of 10 the clerk if needed. If you have established that you are speaking on behalf of a larger group, like an HOA, where others from that group will allow you to speak on their behalf, you will have up to ten minutes. After all of those who have signed up in advance have spoken we will invite others who may wish to testify. When you are finished if the Commission does not have questions for you you will return to your seat in Chambers or be muted on Zoom and no longer have the ability to speak. And please remember we generally do not call people back up. After all testimony has been heard the applicant will be given another ten minutes to come back and respond. When the applicant has finished responding to questions and concerns we will close the public hearing and the Commissioners will have the opportunity to discuss and hopefully be able to make final decisions or recommendations to City Council as needed. ACTION ITEMS 4. Public Hearing for Windrow Neighborhood (H-2023-0031) by Conger Group, located at Northeast Corner of S. Linder Rd. and W. Amity Rd. A. Request: Annexation of 46.133 acres of land with an R-8 zoning District. B. Request: Rezone of 19.62 acres of land from the R-4 to the R-8 zoning district. C. Request: Preliminary Plat consisting of 252 single-family residential building lots and 40 common lots on 65.10 acres in the proposed R- 8 zoning district. D. Request: Modification to the existing Development Agreement (Inst.#2016-007443) for the purpose of creating a new Development Agreement to develop the proposed residential subdivision. (MDA requires City Council action only). Seal: So, at this time I would like to open the public hearing for Item No. H-2023-0031, Windrow Neighborhood for a continuance to September 7th, 2023. Lorcher: Mr. Chair? Seal: Commissioner Lorcher. Lorcher: I motion that Windrow Neighborhood, File No. H-2023-0031, be continued for renotice for September 7th, 2023. Smith: Second. Seal: It's been moved and seconded that we continue File No. H-2023 0031 to the date of September 7th, 2023. All in favor, please, say aye. Opposed nay? The item is continued. Meridian Planning&Zoning Commission August 17,2023 Page 4 of 10 MOTION CARRIED: FIVE AYES. TWO ABSENT. 5. Public Hearing for Bridgetower Marketplace (H-2023-0035) by Cheri Moore, Eckhardt Properties, located at 3149 W. Quintale Dr. A. Request: Conditional Use Permit to construct a drive-thru on the building addressed as 3137 W. Quintale Dr., which is part of a mixed-use commercial retail development project comprised of two single-story buildings totaling 12,266 square feet on 1.62 acres of land in the C-N zoning district. Seal: I would like to open the public hearing for Item No. H-2023-0035, for Bridgetower Marketplace and we will begin with the staff report. Ritter: Thank you. Good evening, Chair and Commissioners. Tonight we are here for a request for a conditional use permit to construct a drive through, which is part of a mixed use commercial retail development project that is composed -- excuse me -- that is composed of two single story buildings totaling 12,266 square feet. The building is located on approximately 1.62 acres of land in the C-N zoning district. The conditional use permit is for the building located at 3137 West Quintale Drive, which is approximately 5,826 square feet, and is located within 300 feet of another drive through and a residential area and as you can see on this aerial map this is the property that's in question. This is the bank that has a drive through and this is the residential area that is adjacent to within the 300 feet. The site layout for the proposed building includes the stacking lane that provides a queuing space for up to five vehicles, which is located before the drive through window. The drive through itself starts at the northeast end of the building along the private drive and exits at the northwest side onto the private drive to the north of the property. If there is excessive overflow in the drive through lane it will stack on the -- onto the private drive to the north or on the commercial drive aisle to the east, rather than spilling onto North Ten Mile Road. The concept plan shows that the second line is separate from the drive aisles and parking, which allows easy access to the rest of the development. And, again, this conditional use permit is only for the drive through. The staff has already reviewed the proposed plans and building elevations for landscaping, so a certificate of zoning compliance and design review has already been approved for this project. These are the elevations for the proposed project. And so at this time staff is recommending approval with the conditions -- approval for the CUP for the drive through with the conditions listed in the staff report and I will entertain any questions that the Commission has. Seal: All right. Thank you very much. Would the applicant like to come forward? Yes, ma'am. I have a question. We will need your name and address for the record, please. Moore: Cheri Moore. 22033 Eel Lane in Middleton. 83644. Seal: First question is what is the business going to be that has the drive through? Meridian Planning&Zoning Commission August 17,2023 Page 5 of 10 Moore: A potential -- we don't have a lease signed yet, but it is a potential mixed beverages similar to Dutch Brothers, but it's not. Seal: Okay. So, not -- not necessarily coffee, but like a Sodalicious or something. Moore: Yeah. All of the smoothies, fruity flavored drinks. Seal: Got you. Okay. That was my only question that I had really. So, Commissioners, do you have any questions for the applicant or staff? Smith: Mr. Chair? Seal: Commissioner Smith, go ahead. Smith: Yeah. My only -- only real question on this is knowing that type of business, knowing kind of some of the Dutch Brothers locations with stacking lanes, emergency exits and things like that, I know some of the earlier concepts for Dutch Bros maybe didn't have as much as efficient planning for, you know, inflow and outflow during peak hours of consumption and so just curious what the considerations are that might have gone into that, especially if you -- that might not -- that tenant might not be guaranteed to be in that location and if there are other tenants that are potentially there have there been considerations for peak hour entry and exit onto Ten Mile, stacking and queuing, kind of off of those -- those streets? And kind of what considerations have been made? Moore: If I understand your question correctly, the only consideration is that we do have that street Quintale there that is to the north and, then, of course, we have got the drive there to the east. So, that should -- that should create a significant flow of traffic and efficient. Smith: Mr. Chair? Seal: Go ahead. Smith: Is the expectation in the design -- and I'm not sure I see anything that limits cross- access, but is the intention to make most of the access come on and off of Quintale, rather than Ten Mile directly? Moore: There is no direct access off of Ten Mile. Smith: Okay. None at all. Okay. Moore: It's only to Quintale. Smith: Prefect. Thanks so much. That's -- that's the answer to my questions. Moore: Okay. Meridian Planning&Zoning Commission August 17,2023 Page 6 of 10 Seal: Anybody else? We might make this real short. Mr. Clerk, is there anybody signed up to testify on this application? Johnson: Mr. Chair, there were no signups. Seal: Anybody in the audience want to come up and testify? It's really fun. All right. If there are no further questions for the applicant, I would like to thank you very much. And no questions from the audience. No question from Commissioners. I will take a motion to close the public hearing for File No. H-2023-0035. Smith: So moved. Stoddard: Second. Seal: It's been moved and seconded to close the public hearing for File No. H-2023- 0035, Bridgetower Marketplace. All in favor say aye. Opposed nay? The public hearing is closed. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: For me this is -- I mean it's pretty straightforward what's going on here. I will say about the way this is designed, I actually like -- I like the way that it's designed and the concept and I have seen that before where the businesses that are there -- that are there can operate completely independent of that -- that drive aisle. So, I really like that where people are going to be pulling in and pulling out, not going to have to be -- you know, obviously, you are going to have to watch out for the cars that are there, but that drive aisle just being completely separate from it I really -- I like that aspect of this. So, it would be -- I would like to see more of that, to be perfectly honest. But I'm always happy to see businesses coming in and opening up. This is near to me, so if you have good bike parking we will probably come by and check it out. Any other comments? No? I will take a motion. More than happy to listen to anybody make one of those. Smith: Mr. Chair? Seal: Commissioner Smith. Smith: After considering all staff, applicant, and public testimony I move to approve File No. H-2023-0035 as presented in the staff report for the hearing date of August 17, 2023, with no additional modifications. Lorcher: Second. Seal: It's been moved and seconded to approve File No. H-2023-0035 for Bridgetower Marketplace. All in favor, please, say aye. Opposed nay? The file is approved. Thank you very much. Meridian Planning&Zoning Commission August 17,2023 Page 7 of 10 MOTION CARRIED: FIVE AYES. TWO ABSENT. 6. Public Hearing for Klein Home Addition (H-2023-0037) by Bryan and Carrie Klein, located at 224 W. Cherry Ave. A. Request: Conditional Use Permit to expand the existing non- conforming use which consists of an addition to the existing home to add a fourth bedroom with only one (1) garage parking space instead of the required (2) spaces. Seal: Let Sonya get seated. No pressure. At this time I would like to open the public hearing for Item No. H-2023 0037 for the Klein Home Addition. We will begin with the staff report. Allen: Thank you, Mr. Chair, Members of the Commission. The next application before you tonight is a request for a conditional use permit. This site consists of .11 of an acre of land. It's zoned R-4 and it's located at 224 West Cherry Avenue. It's in a high density residential comprehensive plan designation. The applicant is requesting a conditional use permit to expand the existing nonconforming use, which consists of an addition to the existing home, to add a fourth bedroom with only one garage parking space instead of the required two parking spaces as required. The applicant currently has a three bedroom single family home with a single family -- or, excuse me, single car garage on the subject property. The existing use is considered a nonconforming use because it doesn't comply with the off-street parking standards, which requires four parking spaces for three and four bedroom units, with at least two of those spaces in an enclosed garage. Other spaces may be enclosed or a minimum ten foot by 20 foot parking pad. Nonconforming uses are allowed to continue as long as the use remains lawful and is not expanded or extended. If expanded approval of a conditional use permit is required as proposed. Only one garage space exists with a parking pad for one car in front of the garage and an approximate 13 foot by 40 foot long gravel driveway exists on the east side of the parking pattern garage, which all accommodates -- which will accommodate parking for two vehicles. On-street parking is also available. The applicant states that it's not possible to add on to the existing garage due to the lot size constraints, which would comply -- would make compliance with the side yard setback requirements infeasible. For this reason and because there is adequate area on the site to park four vehicles with on-street parking for guests, staff is supportive of the request. Written testimony was received this afternoon from Carrie Vigil. She is in support of the proposed conditional use permit. She does have a separate request for the city to conduct an impact assessment of this urban renewal district area for any violations to the Fair Housing Act as amended. Title 8 of the 1968 Civil Rights Act specifically pertaining to accessibility of roads and sidewalks on the following protected classes, familial status, race, national origin and disability and immediately remedy any potential violations of the act. Staff is recommending approval of their proposed conditional use permit with the conditions in the staff report. Staff will stand for any questions. Meridian Planning&Zoning Commission August 17,2023 Page 8 of 10 Seal: Thank you very much. Would the applicant like to come forward? Good evening, sir. We will just need your name and address, which we already have, but we will have it again. Klein: Yeah. Bryan Klein and 224 West Cherry Avenue, Meridian. 83642. You want me to share -- or you can ask questions. Seal: You are more than welcome to share what you have in mind here. That's -- that's how it usually rolls along here. Klein: Okay. Seal: But if not you saw that that doesn't necessarily have to happen either. Klein: Yeah. I think -- I think Sonya captured what's going on pretty adequately. Our family just grew. We added another little baby, who is here with us this evening, and that brings the total to four kiddos in the house and we just need a little bit more space and we would love to stay in our neighborhood. Meridian has been an awesome place to live the last ten years and we are hoping that we can, you know, bump our house out and accommodate our needs. So -- yeah. Seal: Understood. Commissioners, do we have any questions of the applicant or staff? None at all? Do we have anybody signed up to testify? Johnson: Mr. Chair, we do not. The applicant signed up, but -- Seal: Okay. Would any other family members or any of the other people in the audience like to testify? All right. No takers on that tonight, so -- great. So, with that I appreciate your application, your time coming in, and I will take a motion to close the public hearing for H-2023-0037. Smith: So moved. Stoddard: Second. Seal: All right. Thank you, sir. It's been moved and seconded to close the public hearing for File No. H-2023-0037 for the Klein Home Addition. All in favor say aye. Opposed nay? The public hearing is closed. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: I just have one thing to say. I'm not in opposition to this. However, because we are -- I mean it's no secret that housing and rental properties are incredibly expensive in the valley. So, the only concern I have with this is -- allowing this to go forward is that if at a future time the use on the property increases, meaning that they, you know, decide to run a business out of here or it becomes a rental property or something along those Meridian Planning&Zoning Commission August 17,2023 Page 9 of 10 lines, we are just deficient in parking and as a body as a person on this Commission and as a body we are usually pretty hard on people for parking. We are pretty rigid about it. So, it's the only thing in the back of my mind that's, you know, the what if scenario with it, but other than that I have no issues with it. I mean I completely understand why you are doing what you are doing, but we do have parking problems that are kind of everywhere in -- in Meridian. So, I just wanted to put that on -- on the public record just so it's there. Anybody else? Smith: Mr. Chair? Seal: Commissioner Smith. Smith: Yeah. I -- I'm in full support of this. I think it's great. I guess just to capture for the record that neighbors are here in -- in support. It's always good to see. I do think -- I believe that I heard there is footprint for four spaces and so I agree with -- Mr. Chair with your broader assessment in terms of parking, but I also --on a bit of a contrasting position, I do wonder the extent to which a --you know, a planning and zoning commission hearing and things like that is necessary for some things like this and I wonder, you know, if there is potential -- you know, I know the UDC is being looked at for potential improvements and I know there are some municipalities that have, you know, buy right ADUs within certain things or buy right duplexes and this is far short of that and so I wonder if there is an ability to look at code, so -- and -- and maybe look at opportunities for -- if there are certain -- certain footprint for -- for parking, but a garage is not, you know, possible, you know, maybe folding that into some -- some code so that, you know, people, like the Klein family, don't have to, you know, come out on a -- on a Thursday night and, you know, go through all these steps in order to expand the footprint, because I think -- you know, I think the applicant made a great point of, you know, housing being expensive and we want families to be able to live and grow in Meridian and the alternative if they are not able to, you know, find somewhere that's affordable here is to move to another location and that's not necessarily what we want. So, I agree with the -- the parking considerations, but I do wonder if -- if parking is not as much of a concern for the -- the property if there is some ability to look at code and potentially modify code to -- we can account for parking footprint for off-street parking, the footprint, and there is adequate maybe at allowing some buy right expansion or things like that just to make that easier to conform with, you know, the existing -- you know, to balance those tensions that are rising in terms of density and not requiring, you know, significantly higher density in certain areas if we can maybe allow for modest increases in some --for some homeowners where they are looking for it. So, that's just my spiel, but I'm absolutely in support of this and projects like it. Seal: Commissioners, anything else? All right. Lorcher: Mr. Chair? Seal: Commissioner Lorcher, go right ahead. Meridian Planning&Zoning Commission August 17,2023 Page 10 of 10 Lorcher: After considering all staff, applicant, and public testimony, I move to approve File No. H-2023-0037 as presented the staff report for the hearing date of August 17th, 2023, with no modifications. Smith: Second. Seal: It's been moved and seconded to approve File No. H-2023-0037 for the Klein Home -- Klein Home Addition. You did say approved, not recommend to approve; correct? Lorcher: I said approve. Seal: Okay. Thank you. Lorcher: Didn't I? Seal: Second the date -- for the date of September 7th, 2023. All in favor, please, say aye. Opposed nay? Motion carries. Thank you very much. MOTION CARRIED: FIVE AYES. TWO ABSENT. Seal: And with that I will take one more motion. Smith: Mr. Chair? Seal: Go right ahead. Smith: Move to adjourn. Stoddard: Second. Seal: It's been moved to adjourn. All in favor, please, say aye. Opposed nay? We are adjourned. Thank you all very much. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 6.25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED 9 17 1 23 ANDREW SEAL - CHAIRMAN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK