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2007 08-02Meridian Planning and Zoning Meeting August 2, 2007 Meeting of the Meridian Planning and Zoning Commission of August 2, 2007, was called to order at 7:00 p.m. by Chairman Michael Rohm. Members Present: Michael Rohm, Tom O'Brien, Wendy Newton-Huckabay Members Absent: David Moe and Steve Siddoway Others Present: Ted Baird, Nancy Radford, Caleb Hood, Scott Steckline, Bill Parsons, Sonya Wafters, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Tom O'Brien 0 David Moe -Vice Chairman 0 Steve Siddoway X Michael Rohm -Chairman Rohm: Good evening, ladies and gentlemen. At this time we'd like to open the regularly scheduled meeting of the Meridian Planning and Zoning Commission and begin with roll call of attendance. Item 2: Adoption of the Agenda: Rohm: Thank you. Before we adopt the agenda tonight there are a few changes and I'd like to note those at this time. Item No. 4 on the agenda, the continued Public Hearing from June 7th, 2007, for AZ 06-063 related to the Waltman Property, will be continued until October 4th, 2007. Items No. 5 and 6 related to the Cherry Lane Christian Church will be continued until September 6, 2007. We do not have an Ada County Highway District final report and we had continued for the sole purpose of reviewing that document and it's this Commission's belief that that's when we will reopen it and take additional testimony at that time, but we will not be taking any testimony on that application tonight. Those are the only two changes to the agenda, so with those changes being noted could I get a motion to accept the agenda as amended. Newton-Huckabay: So moved. O'Brien: Second. Rohm: It's been moved and seconded to adopt the amended agenda. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: THREE AYES. TWO ABSENT. Item 3: Consent Agenda: Meridian Planning & Zoning August 2, 2007 Page 2 of 21 A. Approve Minutes of June 21, 2007 Planning and Zoning Commission Special Meeting: B. Approve Minutes of July 5, 2007 Planning and Zoning Commission Meeting: C. Findings of Fact and Conclusions of Law for Approval: MCU 07-004 Request for Modification of the existing Conditional Use Permit to allow a 15,620 square foot office /retail building for Freedom Storage by Erstad Architects - 943 W. Overland Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 07-014 Request for a Conditional Use Permit for the construction of a 7,750 square foot multi-tenant retail building for J & K Investments Retail by J & K Investments, LLC - 1330 E. Fairview Avenue (Lot 2, Block 2, Doris Subdivision): E. Findings of Fact and Conclusions of Law for Approval: CUP 07-012 Request for Conditional Use Permit to allow a 200 square foot canvas carport in the O-T zone for Kelley Carport Revised by Larry and Judy Kelley - 403 East Second Street: Rohm: The first item on the agenda is the Consent Agenda and item A is the approval of the June 21st, 2007, Planning and Zoning Commission Special Meeting. Item No. B is approval of the minutes from the July 5th Planning and Zoning Commission meeting. Item C is the Findings of Fact and Conclusions of Law for approval of MCU 07-004. Item D is Findings of Fact and Conclusions of Law for approval of CUP 07-014. And Item E is Findings of Fact and Conclusions of Law for approval of CUP 07-012. Is there any additions or corrections to the minutes or changes to be noted? Newton-Huckabay: I have none. O'Brien: No. Rohm: Could I get a motion to accept the Consent Agenda. O'Brien: So moved. Newton-Huckabay: Second. Rohm: It's been moved and seconded to accept the Consent Agenda. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: THREE AYES. TWO ABSENT. Meridian Planning & Zoning August 2, 2007 Page 3 of 21 Item 4: Continued Public Hearing from June 7, 2007: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: Rohm: Okay. At this time I'd like to open the continued Public Hearing from June 7th, 2007, of Item No. AZ 06-063 for the sole purpose of continuing to the regularly scheduled meeting of October 4th, 2007. Newton-Huckabay: So moved. O'Brien: Second. Rohm: It's been moved and seconded to continue Item No. 4, AZ 06-063 to the regularly scheduled meeting of October 4th, 2007. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: THREE AYES. TWO ABSENT. Item 5: Continued Public Hearing from July 19, 2007: CUP 07-013 Request for a Conditional Use Permit per requirement of the Development Agreement for detailed site plan approval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-2B-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian Church by Steve Pardew - 175 N. Ten Mile Road: Item 6: Tabled from July 19, 2007: Findings of Fact and Conclusions of Law for Approval: CUP 07-013 Request for a Conditional Use Permit per requirement of the Development Agreement for detailed site plan approval of the Cherry Lane Christian Church site; request to exceed the maximum building height in the C-N zone as allowed by UDC 11-2B-3.A.3 and request for an urban farm use in the C-N zone for Cherry Lane Christian Church by Steve Pardew - 175 N. Ten Mile Road: Rohm: At this time I'd like to open the continued Public Hearing from July 19th, 2007, of Items No. 5 and 6, CUP 07-013 and Item No. 6, CUP 07-013, for the sole purpose of continuing to the regularly scheduled meeting of September 6, 2007. All those in favor say aye. O'Brien: So moved. Newton-Huckabay: Second. Meridian Planning & Zoning August 2, 2007 Page 4 of 21 Rohm: It's been moved and seconded to continue Items 5 and 6 to the regularly scheduled meeting of September 6, 2007. All those in favor say aye. Opposed same sign? MOTION CARRIED: THREE AYES. TWO ABSENT. Item 7: Public Hearing: PP 07-013 Request for Preliminary Plat approval for 11 building lots and 2 common lots on 26.35 acres in an I-L zone for Kennedy Commercial Center by DBSI Meridian 184, LLC - 1250 W. Overland Road: Rohm: Boy, we are moving right along. We just got a couple things left and we will be out of here. Okay. Before we start, basically, the process that we go through with the public hearings is we first open the Public Hearing and, then, we ask the staff for their testimony. Once the staff has given their testimony as it relates to city ordinance and to the Comprehensive Plan, then, we ask the applicant to come forward and present the project from their perspective. Once we have heard both those presentations it is, then, open to the public. The public has an opportunity to respond to anything they have heard in testimony and/or as they perceive it as it relates to the UDC and Comprehensive Plan. The applicant gets the final say. They get to speak, respond to any testimony given in the Public Hearing form and, then, once that's all completed, we, as the Commission, will either continue the items or make some sort of a decision, either forwarding to City Council or -- with approval or recommended for denial. Rohm: So, with that being said, I'd like to open the Public Hearing of PP 07-013 related to the Kennedy Commercial Center and begin with the staff report. Wafters: Mr. Chairman, Members of the Commission, the application before you is a preliminary plat request for the proposed Kennedy Commercial Center. The property is 26.35 acres in size and is currently zoned I-L. The subject property is located at 1250 West Overland Road on the north side of Overland, approximately a quarter mile east of Linder Road. The property is bordered on the east by Western Electronics, zoned I-L, and Mountain View Equipment, zoned C-2 in Ada County. On the west by vacant property, zoned I-L. On the north by I-84 and on the south by Overland Road and existing rural residential property zoned RUT and R-1 in Ada County. This is an aerial view of the property. The site currently consists of vacant, undeveloped land. This property is currently zoned I-L, which complies with the Comprehensive Plan map designation of industrial. The applicant is requesting preliminary plat approval of 11 commercial building lots and two common lots on 26.35 acres of land. The proposed building lots range in size from .83 of an acre to 7.3 acres. Access to the site is proposed from Overland Road via South Tech Lane here, an existing private street. A driveway is also proposed at the southwest corner of the site from Overland Road. Staff is supportive of the proposed access points, provided across-access easement is recorded for all lots in the subdivision to use Tech Lane and the driveway to Overland Road and that an access easement and driveway stub be provided to the property owner to the west to use the driveway at the southwest corner of the site or locate the Meridian Planning & Zoning August 2, 2007 Page 5 of 21 driveway directly adjacent to the west property boundary and provide access to the property to the west. Excuse me. The driveway here -- proposed driveway location is right in there. This proposed driveway should be shared to reduce future access points on Overland Road. The plat depicts South Tech Lane extending north approximately 600 feet, measured from the center line of Overland to the center of the cul-de-sac. The private street is currently approximately 400 feet long. The UDC does not allow streets that end in a cul-de-sac or a dead end to be longer than 450 feet. The end of the common lot that the private street is contained within shall not exceed 450 feet in length measured from the center line of Overland Road. Here is a copy of the landscape plan. A minimum 25 foot wide landscape buffer is required along West Overland Road. Thirty-five feet is currently shown on the landscape plan. A 50 foot wide buffer is required along I-84 here and a ten foot wide buffer is required along South Tech Lane. Additionally, a 25 foot wide buffer is required along the east property boundary adjacent to the existing non-industrial uses. The applicant did not submit conceptual building elevations with this application. Elevations were submitted previously with Conditional Use Permit 01-009. All future structures on the site that do not comply with the building elevations and materials submitted with the previous CUP shall be subject to design review approval per the standards listed in the UDC, along with any Conditional Use Permit or certificate of zoning compliance application prior issuance of building permits. Staff is recommending approval of the subject preliminary plat application with the conditions listed in the staff report. That's all staff has, unless the Commission has questions. Rohm: Thank you very much. Any questions of staff? O'Brien: Not at the moment I can't think of any. Rohm: Would the applicant like to come forward, please. And, please, state your name and address for the record. Mokwa: My name is Tim Mokwa, M-o-k-w-a, with Toothman Orton Engineering, 9777 Chinden Boulevard, Boise, on behalf of the applicant. Staff covered it fairly well. I don't really have a whole lot to add, other than I did talk to Sonya today and she mentioned it in her discussion, but I don't think we -- the condition 1.1.5 deals with the length of the private street and the cul-de-sac. As 1.1.5 is written, it says that proposed extension of South Tech Lane shall be limited to 450 feet as allowed by UDC, measured from the center line of Overland to the center of the cul-de-sac. Per our discussion earlier today and what Sonya just mentioned, that should read from the center line of Overland to the end of the common area lot and that's a -- that's just a distinction to make that -- bring that private street into compliance with what was previously approved for the Conditional Use Permit, beyond the private street easement that's already there that will be encompassed or over the common area lot. Beyond that we will have a -- excuse me -- an easement that will be in favor of all of the lots within the subdivision and will also contain a provision for emergency vehicle access and turnaround. So, I don't know if that -- if that made sense. Functionally it's still going to be what you're seeing here, but it's a distinction in the length of the private street. Meridian Planning & Zoning August 2, 2007 Page 6 of 21 Rohm: So, the cul-de-sac doesn't necessarily have to be at the end of the 450 feet, it can be beyond that as long as the lot line is within that 450? Wafters: Chairman Rohm, Commissioners, that is correct. Rohm: Okay. Okay. Mokwa: Other than that I don't have any other issues, but I would be happy to answer any questions that you might have. Rohm: Any questions of this applicant? O'Brien: Boy, I can't think of any. Newton-Huckabay: Too straight forward. O'Brien: We like them that way. Rohm: Yeah. Newton-Huckabay: So do we. Rohm: Yeah. Absolutely. Thank you. Mokwa: Thank you. Rohm: Okay. We do not have anybody that has signed up to testify to this application, but if anyone would like to come forward and speak, now is that time. Okay. Seeing none, I'm not sure that there is a lot to discuss. It seems as if the staff report and the applicant are in agreement, so I think maybe -- Newton-Huckabay: Did -- Mr. Chair, did Mr. Mokwa's statement warrant any change to 1.1.5 in the wording? Rohm: And maybe it should. Sonya, what's your thoughts on that? Wafters: Commissioner Rohm, Commissioners, we could just simply add what he requested. The northern boundary of that common lot be limited to 450 feet in length measured from the center line of Overland Road. Just clarify it a little bit more. Rohm: Thank you. Newton-Huckabay: So, it would say from -- measured from the center line of Overland to the northern boundary of the common lot? Does there need to be any comment related to fire turnaround? Meridian Planning & Zoning August 2, 2007 Page 7 of 21 Wafters: No. I think that's covered. Newton-Huckabay: We are good? Okay. Mr. Chair, one moment and I will make a motion. Rohm: Well, first of all, we need to close the Public Hearing. Newton-Huckabay: Oh, yeah. Mr. Chair, I recommend we close the Public Hearing on PP 07-013. O'Brien: Second. Rohm: It's been moved to close the Public Hearing on PP 07-013. All those in favor say aye. Opposed same sign? Okay. Thank you. Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number PP 07-013 as presented in the staff report for the hearing date of August 2nd, 2007, with the following modification: Under Section B, conditions of approval, Item 1.1.5, the first sentence reads: The proposed extension of South Tech Lane shall be limited to 450 feet as allowed by the UDC, measured from the center line of Overland to the center of the cul-de-sac, shall be changed to read: From the center line of Overland to the northem property -- northern boundary of the common lot. End of motion. O'Brien: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of file number PP 07-013, to include the staff report with the aforementioned modifications. All those in favor say aye. Opposed same sign? Motion carried. Thanks for coming in, gentlemen. MOTION CARRIED: THREE AYES. TWO ABSENT. Item 8: Public Hearing CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: Rohm: At this time I'd like to open the Public Hearing of CUP 07-015 and CUP -- oh, no. Excuse me. Just CUP 07-015 and begin with the staff report. Parsons: Mr. Chair and Members of the Commission, the application before you is a request for a Conditional Use Permit for an indoor recreational facility in an L-O zone by Dave Evans Construction. One thing to mention is staff has approved a CZC for an office shell on the subject site and the proposed recreational use requires approval of a CUP. The property is located at 3220 North Meridian Road on the northeast corner of Meridian Planning & Zoning August 2, 2007 Page 8 of 21 North Meridian Road and East Ustick Road. The zoning for the properties adjacent to the site include R-8 -- R-8 to the north and to the east and R-6 Ada County to the south and, then, Settler's Park to the west, which is also zoned L-O. The site is consistent with the Comprehensive Plan, which is designated limited office as well. Here is the subject site here and an aerial photo. The actual lot is right here in the corner, which you can see is quite a distance away from the residential properties. The Unified Development Code requires Conditional Use approval for indoor recreational facilities in the L-O zone. The applicant is seeking approval of this Conditional Use Permit to operate a 4,750 square foot single story, 24-hour fitness center. As mentioned earlier, there are residential uses nearby the subject property. Due to this site being located on the corner of Meridian and Ustick Road, staff believes this would not have an adverse impact on the surrounding residential neighborhoods, therefore, all of the conditions regarding the site are standard UDC requirements and no site specific conditions were proposed. Also located on the site are two existing office buildings, one to the east -- and this is where they are proposing Anytime Fitness. There is a constructed building to the east here and also one to the north. This is a dental office and this is a real estate office and also insurance firm. The access to the site will be off of Meridian Road to the north, Ustick to the east of the site, and also from the adjacent residential property to the east. If you look at the site plan here you also see 15 parking stalls that's already been constructed. All of these and the landscape buffer were all approved under the final plat for Sundance Subdivision No. 5. The applicant did submit a landscaping plan and are proposing an additional 15.8 percent of landscaping on the interior of the site around the building. So, here is where the existing landscaping is now and this is the future landscaping, which is an additional 15.8 percent. The applicant also submitted elevations. This is the east side of the building, which is towards the Ustick entrance -- access points. You have the north elevations, the west elevations, and the south elevations. And here is the color rendering of the east elevation. It's also important to note that these elevations -- these same elevations were pre-approved with the CZC application for the office shell. So, as I mentioned earlier, if this CUP application isn't approved for an indoor fitness center, then, the building will be billed as -- for office use. And it's already been approved under -- as far as on a staff level. I'd also like to make the Commission aware that a letter of testimony has been submitted for this application in denial of the project and that should be included in your packet as well before you this evening. Staff is recommending approval of the project or the Conditional Use Permit as stated in the staff report, subject to conditions listed in Exhibit B of the staff report. This concludes my presentation and I would be happy to answer any questions the Commission may have regarding the project. Rohm: Thank you very much. Any questions of staff? O'Brien: Yes, Mr. Chairman. Are there any existing trees of any caliper on the site currently? Parsons: Yeah. The buffer -- this buffer -- the two 25 foot buffers or -- I think it's 25 foot buffers along here and in the existing planters here have all the required trees and they Meridian Planning & Zoning August 2, 2007 Page 9 of 21 are -- they meet code requirement of two in caliper or larger. So, all this landscaping installed. This -- what they are planning on doing is adding this landscaping around the building and, then, integrating it with the buffer landscaping. O'Brien: So, there is no existing trees that have been there for awhile that's been affected by this? Parsons: No. None are going to be removed and none -- just what they have put in the landscape buffers during the final plat requirements. O'Brien: Is there going to be any cross-over traffic between the other sites and that particular one? Parsons: Yeah. They do have an access agreement to go across all the sites there and there is also shared parking as well. So, even though they are proposing 15 -- go back here. Even though they show 15 parking stalls on site, they have a shared parking agreement throughout the whole subdivision. O'Brien: Thank you. That's all I have. Rohm: Commissioner Newton-Huckabay, do you have any questions of staff? Newton-Huckabay: No. Thank you. Rohm: Okay. Would the applicant like to come forward, please. Brose: My name is Travis Brose with Dave Evans Construction, at 7761 West Riverside Drive in Boise, and, essentially, staff did cover it. The reason we have moved forward with the CZC application is an attempt to fast track this to the construction point due to the client's timeline. They also understand that if it is denied here, that, basically, it's only built as an office and they, unfortunately, need to find another location. But we feel that this will be a nice facility in this area with the surrounding residential and park nearby, there would be a lot of -- hopefully there would be a lot of pedestrian traffic from the neighborhoods to the facility or bike traffic, rather than a lot of cars, vehicle traffic going through there, as well as being within an office park. The hope would be that the other facility employees would also use this and with that I would stand for any questions. Rohm: Do you know if there are other facilities of similar nature in operation currently? Brose: The other facilities that I am aware of -- I believe there is one on Cherry Lane. I'm not sure the cross -- the crossroad, whether it's Meridian or Linder. I believe it's closer to Linder. But it is in, I guess, sort of a strip mall type setup and it's just kind of a really small facility. Rohm: It's small, but it's operated with extended hours? Meridian Planning & Zoning August 2, 2007 Page 10 of 21 Brose: I don't believe it is extended hours, actually. Rohm: That was the reason for the question related to -- Brose: The only other facilities I'm aware of like the 24-hour type -- I guess Anytime Fitness specifically, they have one in Kuna, as well as one in Caldwell and, unfortunately, I can't think of any -- Rohm: Can you speak to how well they have been accepted in those -- like the one in Kuna, are you familiar with that? Brose: I have seen the location. Didn't really take time to notice the area. I have driven by it several times. It is kind of a similar situation in a larger facility with shared uses in there and speaking with the client earlier today, they said they get an average of a hundred people per day at -- throughout the day and it's a pretty small occurrence that they are -- that anybody is there past 10:00 o'clock. You know, it's the occasional person that may work at HP or, you know, Micron with kind of the odd shifts that would show up after midnight or something to that effect, so -- Rohm: Uh-huh. Okay. Thank You. Any additional questions of the applicant? O'Brien: I just have a question, Mr. Chair, on any -- any kind of police reports or any issues or concerns that the police department might have with that -- with the hours after midnight or even after dark for that length of time. Is there -- Brose: I'm not personally aware of any. The client did not bring that to my attention. They do have avery -- I guess high tech facility, a lot of cameras. They have the card readers that would unlock the facility for them to enter. They don't allow minors, anyone under 18, there past 6:00 o'clock in the evening, due to staff members are there I believe from 8:00 or 9:00 until 6:00 in the evening and they have had couple of occurrences of teens trying to use a parent's pass after that point of the evening with the cameras and being able to read the computer systems, they shut down -- basically locked out the key and they weren't able to use it at that point, so -- O'Brien: My concern was the safety -- Brose: Right. I understand. O'Brien: -- from anybody lurking around the outside area. With the park across the street, these kind of things -- well, I think the park's closed. I think they patrol them I think at, what, 10:00 o'clock I think, something like that at night. I'm not sure, but I -- Baird: Sundown. Meridian Planning & Zoning August 2, 2007 Page 11 of 21 O'Brien: Sundown? Okay. So, those are my concerns and about, you know, if anything, if the police had -- and maybe staff could add to that, if they were contacted to -- with any concerns about this establishment after hours. Parsons: Chairman Rohm, Commissioner O'Brien, the police department did not comment on the staff report, but we can definitely check into that for you if you'd like. O'Brien: I think it would be a good idea. That's my only question or concern. Newton-Huckabay: Mr. Chair? Rohm: Commissioner Newton-Huckabay. Newton-Huckabay: Did they have an opportunity to comment and chose not to? Parsons: I believe so. Hood: Mr. Chair, Commissioners, I'm going to look for our agency comments meeting notes and I'm sure they were invited. I don't recall offhand if they were at that meeting or weren't at that meeting. I know they got the transmittal anyway and, generally, if they get the transmittal and have concerns, they either show up to that meeting and provide comments in person or will a-mail the planner their comments or concerns with the site layout, but let me just check and see if I can find the notes and I don't know if you remember, Bill -- there is nothing here under -- on our sheet for the police representative, so it doesn't look like we received any comments from them. O'Brien: Okay. So that -- go ahead. Newton-Huckabay: Mr. Brose, I just want to make sure I understand how this works. So, the facility has operating hours of 24, they have staffed hours approximately eight hours per day, from 9:00 to 6:00? Brose: Correct. Newton-Huckabay: And you are -- you access the building through a key card? Brose: That's correct. Newton-Huckabay: Okay. All 24 Hour Fitness locations are not 24 hours, though. Is that correct? They all operate 24 hours? Brose: The specific -- Newton-Huckabay: Was it 24 Hour Fitness? Brose: It's Anytime Fitness. Meridian Planning & Zoning August 2, 2007 Page 12 of 21 Newton-Huckabay: Anytime Fitness. I'm sorry. Brose: Similar franchise. They do operate 24 hours. Newton-Huckabay: Okay. The only other question I had is what kind of signs do you put on the building? Brose: Signs would be fairly minimal. It would be in compliance with code. I believe there is a percentage of that. Having the corner location would be ideal on the elevation -- the entrance of the building you can see there is -- it's -- I guess it would be tough to -- Rohm: There is a pointer right at your podium there. Brose: The areas here, as well as, you know, here, would be -- could you go back one, please? This location, here we go, is the one I was looking for, is on Ustick Road. That is -- would be conducive for any signage there. It's not going to be huge, obviously, the space isn't going to allow it. It's going to be within code. It would be non-illuminated. It would be their -- their logo, which says Anytime Fitness and has kind of a runner in motion. It's -- Newton-Huckabay: I was actually more concerned about whether or not it's illuminated -- Brose: Sure. Newton-Huckabay: -- because that would -- the south -- the south location is the closest to any residents -- Brose: Right. Newton-Huckabay: And right in their -- would be right in their back window. Brose: Yeah. I definitely understand that. As I said, it would be non-illuminated and the soffits here, we do a recessed can lighting, which is similar to what you have above you and it's a two foot soffit, so it's directed down along the walls and that would be kind of an indirect lighting and that's how it would be lit, so -- Newton-Huckabay: Great. I have no more questions for the applicant. Rohm: Thank you. Okay. We have Resa Brown. Would you like to come forward, please? Meridian Planning & Zoning August 2, 2007 Page 13 of 21 Brown: I'm Resa Brown and I represent the Homeowners Association for Cedar Springs, which is actually -- the homeowners -- actually, the subdivision that is next to Settler's Park. So, it's actually across the street. Rohm: Okay. Could you give your address for the record. Brown: Uh? Rohm: Your address. Brown: My address? Rohm: Yes. Brown: 3854 North Price Way, Meridian. Rohm: Thank you. Brown: We only have two concerns, the homeowners. One, we are concerned about the traffic that this is bringing in. We are used to seeing commercial buildings of this type in the corner and, like he said, we have real estate, and there is insurance, but I don't know of any other subdivision with this commercial nature that has put in a Fitness Center. The one he is describing on Chinden and Cherry both are on very major thoroughfares. Meridian and Ustick just finally got -- as you're probably aware, we finally got a traffic signal not too long ago and we are still just one lane in all directions. So, we don't have two -- you know, four lanes going anywhere and additional traffic would probably be a problem. He said 15 parking spaces for all of the buildings. That's not very much for a fitness center. I don't know, even a small gym 15 spaces, if you add staff and the other buildings, where are these people going to park? There is no parking on Meridian and Ustick. You have got Settler's Park right across the street and -- but our other main concern would be the 24 hour feature. We fought hard in our subdivision against vandalism and, of course, we have some, as all of them do. As you know, Settler's Park had some as soon as the new playground equipment went in, they had that major damage. And I'm just wondering if you have 24 hour facility open -- they are saying by key card and no staff -- anyone can get in. I mean that doesn't take much. One person is a member, 15 people can follow. I just think that's really opening the subdivisions up to some real problems there. Thank you. Newton-Huckabay: Thank you. Rohm: That is all that is signed up to testify, but if there is anyone else that would like to come forward, now is that time. Okay. Would you like to respond to the testimony or -- it's not required, but you're certainly welcome to. Brose: With the structure itself being designed similar to the rest of the office buildings within the facility, I don't feel that it would create any obtrusiveness of, you know, the Meridian Planning & Zoning August 2, 2007 Page 14 of 21 normal large looming fitness centers, Gold's Gym or any of the other extra large ones that have the capacity for those, as well as a huge expanse of parking lot in there, which sometimes can, you know, not be the best visually. We feel like the entire subdivision as a whole really works together. All of the parking is directly adjacent to the buildings and so it's really well lit by the building itself with the soffit lighting and this facility being 24 hour, all of the interior lights will be on shinning, you know, through -- not through the windows to -- to be offensive to the neighbors, but would help to illuminate the parking and provide a little more safety in the evening time, as well as the rest of the buildings in there will have all of the soffit lights on and others maybe having a car or two parked out there, it will just be a locked up office building during the time. Rohm: A question I have, then, and I think that it's been answered in the staff report, but just for the public, there is 15 on-site parking spaces, but, as I understand it, the subdivision parking spaces are also available for use if need be for this facility as well, not just the 15 that are adjacent to the building itself; is that correct? Brose: That is correct. Rohm: Okay. Brose: With the rest of the office buildings in there work under I guess the normal business hours of up until 5:00 or 6:00 o'clock in the evening. Most of the folks attending would be going there after the office hours and would alleviate any parking issues because no one else -- no other employees are in there, so there are plenty of parking spaces available in the rest of the subdivision. Rohm: Are you aware of any issues with the other facilities that the -- these developers have, the Kuna property? Are you familiar with any issues that have arisen in those communities? Brose: I am not aware of any. I do believe the one in Kuna is -- it's similar, it's on a corner, but, again, is in a larger facility and I believe it's near a gas station, which does operate, you know, longer hours than another -- than just an office park as well. Rohm: All right. Thank you. Any other questions of the applicant? O'Brien: I have none. Rohm: Thank you. Could Iget -- any discussion before we close the Public Hearing? O'Brien: Yeah. I -- Mr. Chairman, I still have that concern about safety and security in the off hours. By off hours I mean when there is not a person on the premises. I just have a bad feeling about that, based on past history. Newton-Huckabay: Mr. Chair, if I can make a comment. This type of business model is not new. I've had opportunities in the past to use facilities like this in other cities and Meridian Planning & Zoning August 2, 2007 Page 15 of 21 without any incident and some of them in the even less amenable parts of town, if you will. They are -- their security system is -- in my experience is -- are much more designed -- you know, designed to protect their facilities. I have never -- now, again, I don't have a world of experience with them, but I have been to several -- not Anytime Fitnesses per se, but this particular business model and they have been quite successful and you have -- you have a membership base who it's in their best interest to -- you know, to treat the facility appropriately and I don't know where your liabilities lie as a member, but Iwould -- I am certain that there is a -- one, you have a key card, so you open yourself up to any kind of negligence -- and I'm not trying to get into legal matters or hedge on some -- but I think the business model is not new and they have been around, so I'm fairly comfortable with that myself. The one thing I am not totally comfortable with, the 24 hour concept in the fact that we have actually limited hours of operation in that very vicinity for other facilities and so I'm having a hard time reconciling that. Caleb, could you -- how would you say this facility is different than say some of the offices that we have limited around there? Hood: Mr. Chair, Commissioner Newton-Huckabay, when we looked at this application, the main difference that I see in it -- and Bill pointed out this is directly on the corner of Meridian and Ustick, so it's on an arterial -- basically, it backs up to the arterial, rather than backing up to residents. So, we didn't see the use of this being as intrusive as it may be if it were another office base. Mentioned dentists that may stay later and as our society becomes not an 8:00 to 5:00 society, staying open until 10:00 or 11:00 o'clock at night, generally those L-O or office uses, those are restricted, because they do directly back up. Now, it is true there are access points here, vehicles will be driving pretty close to those residents and there may be some disturbance to those folks late at night. You know, Bill and talked about it briefly about how many cars -- I mean it only takes one person bumping their sound system at midnight or 1:00 o'clock to wake up the neighbors, but we just didn't think that it was -- it warranted limiting the hours. Now, if that's a concern, you sure can limit the hours, but that's just kind of where staff was coming from in our recommendation that the scope of this building, the size of it, I hope the business does well, but we just don't see it being a lot of people there in the middle of the night using the facility. So, that's kind of staffs recommendation anyways. And the difference between other L-O zoned businesses and those hours of restriction and this one. Newton-Huckabay: Well, my guess would be there is approximately three peak hours a day for a fitness facility. Probably 6:00 to 8:00 -- or maybe 4:00. So, your average amount of people there at any given time, if they expect a hundred people a day, you're going to be lucky if you have five people at a time there at any given time, with the exception of 6:00 to 8:00 and probably 4:00 to 7:00. The only other comment Ihave -- this is the type of thing that I envision when we look at these mixed use centers in Meridian actually having is -- is places where people who live in that area, such as myself, can go and so I don't have to drive across town or I don't have to drive out to the west Y or that type of thing or can walk or ride my bike and so I'm generally in favor this type of thing, because (believe -- I'm just so excited to have a gas station in north Meridian now, so I'm in favor of that generally I guess I'd like the other two of you to Meridian Planning & Zoning August 2, 2007 Page 16 of 21 weigh in on the 24 hour. We have generally limited I think 6:00 to 11:00 everything else around there. Rohm: To chime in, I think that staff is pointing out that the existing commercial development both north and east or a buffer to this corner lot and I concur with you that we need that kind of development in our residential areas and I don't believe that it will be intrusive at all, even at a 24 hour a day basis and it sounds like they have installed security systems in similar projects at other locations and have met success at those locations and if they are willing to invest in our community, I think we should support that. O'Brien: So, Mr. Chairman, Commissioner Newton-Huckabay, the -- to clarify, my concerns were not security of the facility inside, as much as concerns about someone being attacked on the outside at 1:00 or 2:00 o'clock in the morning with one or two people around maybe. This was my only concern, just to make sure that you understand where I'm coming from. I agree, I mean I would be a hundred percent for this -- I think it is a good placement of this type of facility location-wise, if we limited the hours and come up with an agreement with the hours that they should be. I recommend 10:00 p.m. to 5:00 p.m. that it be closed. That would satisfy my -- my needs, as well as having security cameras on the outside or some type of thing that would monitor that during the dark hours or something or when they are -- the hours are where people would show up to use the facility. Rohm: And I certainly support your right to your position, but just by definition, Anytime Fitness means 24-7 and if we are to turn around and make a recommendation for approval of anything less than the 24 hours, it defeats the purpose of their application. So, from just my perspective I think that we either have to make a recommendation based upon the application as submitted or make our recommendations for denial and -- O'Brien: I agree with you on that. That's the whole purpose of them being there, Mr. Chairman. But I would like to see them have some kind of a -- for the off hours a security system that would entail cameras available that would monitor the parking area. Rohm: Well -- and I think they do have that. O'Brien: I don't know. Rohm: Yeah. I think that that was the whole intent is there -- they have a camera system that monitors ingress-egress, as well as the card reader that -- O'Brien: I didn't hear the other areas, just the entrances. Okay. Rohm: All right. Could I get a motion to close the public -- Meridian Planning & Zoning August 2, 2007 Page 17 of 21 Baird: Mr. Chair, before you close, I just wanted to clarify you do have another option that if -- because this is a Conditional Use Permit, you're entitled to put conditions on that you may not think that the applicant would find to be tasteful, but they would certainly have the right to appeal any condition to the City Council and at that time they could bring their operations people to further explain, we could have the police there -- they are generally there at the Council, so those could be addressed. So, just wanted to make sure before you close that it doesn't have to be up or down, you do have the ability to put conditions on. Rohm: Okay. Thank you. We appreciate that comment. Okay. With that being said could I get a motion to close the Public Hearing on CUP 07-015? Newton-Huckabay: So moved. O'Brien: Second. Rohm: It's been moved and seconded to close the Public Hearing on CUP 07-015. All those in favor say aye. Opposed same sign? MOTION CARRIED: THREE AYES. TWO ABSENT. Newton-Huckabay: Mr. Chair, I would like to make a motion to the effect of limiting -- limiting the hours. I would -- my personal opinion is that we would stick with the normal hours of operation that we have been applying when we are limiting hours to any other business in or near a residential area. I would possibly, actually, maybe go with 5:00 a.m. in the morning, given that that would probably be consistent with the time that most facilities of that nature would open, with closing hours of 11:00. Rohm: End of motion? Newton-Huckabay: If I stated that, is it in a position where it could be interpreted as a motion, that would be the end of motion. O'Brien: I agree with that. Baird: Is that a second? O'Brien: Second. Rohm: Okay. It's been moved and seconded to approve CUP 07-015 with the following changes to the staff report: That the hours of operation would be limited to -- from 5:00 to 11:00 p.m. Daily. All those in favor say aye. Opposed same sign? Aye. Motion carried. MOTION CARRIED: TWO AYES. ONE NAY. TWO ABSENT. Meridian Planning & Zoning August 2, 2007 Page 18 of 21 Item 9: Findings of Fact and Conclusions of Law for Approval: CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: Rohm: With the motion being passed differing from the application, do we act on the -- Item No. 9 or can we maybe carry that over to the next meeting and have Findings of Facts and Conclusions of Law drawn up mirroring the motion for the next meeting? Hood: Could you give me just one second to talk to the applicant about that? I think if you're comfortable as staff, we could just add that -- write that one line in, it's just one condition, there is not a huge change to the findings as you have them now. You can sign them this evening. But I want to just make sure that the applicant's okay with that or if they'd like another shot to look at that before you actually sign it. So, if you can give me just a minute. Rohm: Fair enough. Hood: Mr. Chair, I did get a chance to talk to the applicant and they would prefer that those amended findings be approved this evening if the Commission is also agreeable to doing that. So, what will happen is Bill or the clerk can add that -- I believe it was 1.9 to Exhibit B, just stating the hours of operation shall be limited to -- from 5:00 a.m. to 11:00 p.m. as noted. Rohm: Okay. Fair enough. All right. With that being said, then, at this time I'd like to open the -- or I guess do we open -- Baird: Move to approve. Rohm: Okay. Could I get a motion to approve the Findings of Facts and Conclusions of Law for CUP 07-015? Newton-Huckabay: So moved. O'Brien: Second. Rohm: It's been moved and seconded to approve the Findings of Fact and Conclusions of Law for approval of CUP 07-015. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: THREE AYES. TWO ABSENT. Rohm: Thank you, folks, for coming in. And before we adjourn Caleb has some things that he wanted to discuss with the Commission, so at this time, Caleb, the mike is yours. Meridian Planning & Zoning August 2, 2007 Page 19 of 21 Hood: Thank you, Mr. Chairman. For those of you that are here this evening, I just wanted to let you know Amanda put in her notice earlier this week, so you will probably not even see her around. Her last day is going to be next Friday, so we will be searching for a new planner. I believe the advertisement has already been posted through HR. A couple of other things that I did want some input from you three on anyways are future workshop discussions if we have some more upcoming agendas that are similar to this one and we have some time and there are some topics of interest, I can recruit some folks to give some presentations. Commissioner Rohm mentioned one or two ideas earlier today when I mentioned it to him that I would like to talk to you all about it some more. So, similar to what Diane did here, what, six weeks ago or whenever she came and gave that presentation. If there is anything else, if you want to give me either a person that you would like to hear from on a specific topic or just a specific topic and I can see if I can hunt someone down to do a 15 or 20, 30 minute presentation either before an agenda or at the end of an agenda or anything like that. So, you can think about it, you don't have to give me names now or topics now, but if you want to think about that, I'd like to make that a fairly regular occurrence if we have agendas again like tonight that make it worth your time to come out here and have development projects, as well as furthering education experience and just kind of what's going on out there. One of the things I was at actually this week was a CPTED conference, which is Crime Prevention through Environmental Design. There is some concepts to that that I -- I'm not comfortable giving a presentation on, but I know Lieutenant Bob Stowe has been through the actual CPTED school and may be available to give you some of those things. Commissioner O'Brien, your comments this evening on the Anytime Fitness, you know, some of those things that they look for in CPTED are eyes on areas, not creating hiding spots, making the front entrances very well defined so people know how to get in the building, you know, not creating -- you know, trimming up your trees to have a six to nine foot canopy so there aren't hiding places there and your shrubs lower than three feet, things like that to look for in site plans. Security systems are also something that are talked about. California requires certain security systems for different developments and they actually do awalk-through inspection with the police to make sure these systems -- so, that could be a quick presentation, just -- a lot of it is common sense stuff, quite honestly. They talk about defensible space and things like that and how you can -- you know, just by site design can, basically, design out crime. In fact, that's what the Europeans call it is designing out crime, DOCA is their acronym. But, anyway, so I thought maybe that would be a good 15, 20 minute presentation, again, just common sense stuff, but it's things like that you can look at an elevation and go, whoa, your door is recessed and someone could sneak in there, hide by the door, and put a gun to your head and no one would ever see, because your entrance is so recessed. So, that was just one idea I had. The other thing to think about and it may seem like it's a long ways off, but the holidays are coming up. I know I talked to Commissioner Newton-Huckabay here either right around the holidays last time, but our holiday schedule -- right now we are scheduled to have a meeting on November 15th, which is still a week plus away from Thanksgiving. So, that one I didn't think there would be any conflicts. We lucked out because the 1st and the 15th are your hearings in November, so I don't think there should be any conflicts there. December, though, it's 12/6 and 12/20, so it would be the Thursday before Christmas on Meridian Planning & Zoning August 2, 2007 Page 20 of 21 the Tuesday I believe it is. So, I don't know if you -- if we are getting too many that are talking about going on vacation, you know, Thursday or before Christmas on the -- on a following Tuesday, let me know and we can either do back to back, if that's what you prefer, or do a meeting on the 6th of December and the 13th of December or work something else out. But we can -- or just cancel the one and try to get everything on one meeting in December if that's what you want to do. But just, again, something to kind of think about as you get ready to schedule your vacations and time with family and things like that, to remember that. And I guess maybe the other one that may be a conflict, although it's generally not as big of a conflict -- the first Thursday in January is on the 3rd. So, I don't know -- again, depending on what you all have planned for staying in town or being available. Just to throw them out there. So, I'm not changing anything unless we get conflicts, but if you can look at your calendars and kind of talk with your families about what you're thinking about doing for vacation time, I'd sure appreciate it, so we can make sure we have quorums for meetings, so -- Newton-Huckabay: I do know -- first off, Caleb, thanks for bringing that up early, because I know we hit last year at this time, it was like ah. I will be out of town the first week of October and the last week of October, so I will likely miss the October -- the first October meeting and the first November meeting. My travel schedule will wrap up in the fall generally. Hood: And I remember you mentioning that earlier this year, too, so -- but as far as the holiday ones, you're not -- because the October ones -- we have the cut off this -- the 15th of this month for the October hearings. So, we will see what we get as far as a cutoff. We may be able to do -- you know, if we only have three or four applications, we may only need to have one meeting and do it on the first meeting in October, so -- what you said, you're gone the --did you say the first meeting? I -- Newton-Huckabay: My PDA broke, so I don't have it with me. But I believe I will be gone the first week of October and the last -- and, then, I leave like the 30th of October and I won't be back until like the 4th of November. Hood: Okay. So, the first meeting in October, the first meeting in November. Newton-Huckabay: First meeting in November. Hood: Okay. Hood: So, I was more looking at the holidays, but I can definitely write those down, too, that you're already planning on being gone and if we get conflicts we can either reschedule something in November, like I said, maybe even -- Newton-Huckabay: Yeah. I don't anticipate being gone over the holidays myself, unless I win the lottery. Meridian Planning & Zoning August 2, 2007 Page 21 of 21 Hood: That was it. And if anyone does, you know, in the next couple of meetings, anyways, or you can shoot me an a-mail anytime or call me anytime or whatever, if you're thinking about it, so -- Rohm: You know, back to that -- the earlier subject of presentations, I wouldn't mind having Shaun Wardle come in and give us his current status on the economic development. I'd like to hear what he has to say. Hood: Yeah. And I can let you know the Waltman project that was tonight that was continued to October 4th or whatever, the last time I talked to him he was planning on being at that meeting. So, that would be a great opportunity for him to present something before the Public Hearing and, then, just stay for that -- that item on the agenda. So, I will ask him if -- Rohm: Perfect. Hood: -- he can maybe attend that one. Rohm: That's on this afternoon, so -- I think Shaun will do a real good job in that. Okay. Could I get a motion to adjourn? O'Brien: Motion to adjourn. Rohm: Second. All those in favor say aye. MOTION CARRIED: THREE AYES. TWO ABSENT. Rohm: We are out of here. MEETING ADJOURNED AT 8:05 P.M. (TAPE ON FILE faF THESE PROCEEDINGS.) APP '~~~,,. MIC AEL E. ROHM -CHAIRMAN DATE APPR "''~,, ~, FO ATTESTEp: G. BERG JF~., C TY C~~F' ,~ U "ul_l~V ~~~, '~~,~,..