Loading...
2008 05-15Meridian Planninq and Zoninq Meetinq Mav 15, 2008 Meeting of the Meridian Planning and Zoning Commission of May 15, 2008, was called to order at 7:00 p.m. by Chairman David Moe. Members Present: Chairman David Moe, Commissioner Joe Marshall, Commissioner Michael Rohm, and Commissioner Tom O'Brien. Members Absent: Vice-Chairman Wendy Newton-Huckabay. Others Present: Ted Baird, Machelle Hill, Bill Parson, Scott Steckline and Dean Willis. Item 1: Roll-Call Attendance: Roll-call O Wendy Newton-Huckabay X Tom O'Brien X Michael Rohm X Joe Marshall X David Moe - Chairman Moe: Good evening, ladies and gentlemen. Welcome to the regularly scheduled meefing of the Planning and Zoning Commission for the date of May 15th. I'd like to call the meeting to order and ask the clerk to call roll, please. Item 2: Adoption of the Agenda: Moe: The next item on the agenda is the adoption of the agenda. We are filling up here, so there are some changes to our agenda. I want to go over those if I could, please. On Item No. 4, which is AZ 08-001 for Overland Village, that hearing has been continued -- will be continued again to fhe 5th of June and once we get into fhe meeting we will, then, confinue that one. Also on the agenda_, Items No. 8 and 9, Public Hearing PP 08-004 and CUP 08-008 for Maxfield Subdivision will also be continued fhis evening and heard on June fhe 5th as well. So, both those hearings will not be tonight. So, at this time can I get a motion to accept the revised agenda? Rohm: So moved. Marshall: Second. Moe. It has been moved and seconded to approve to accept the adopted agenda. All fhose in favor say aye. Opposed same sign? Great. That motion carries. MOTION CARRfED: FOUR AYES. ONE ABS'ENT. Item 3: Consent Agenda: Meridian Planning & Zoning May 15, 2008 Page 2 of 18 A. Approve Minutes of May 1, 2008 Planning and Zoning Commission Meeting: B. ~ Findings of Fact and Conclusions of Law for ApprovaF: CUP 08-009 Request for Conditional Use Permit for a convenience store and gas station in a C-G zoning district per requirement of the Development Agreement for Maverik by Maverick, Inc. - NWC of N. Ten Mile Road and W. Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: CUP 08-007 Request for Conditional Use Permit for a drive-fihru pharmacy in the C-G zoning district for Fred Meyer Pharmacy by Fred Meyer Stores, Inc. - NEC of N. Locust Grove Road and E. Fairview Avenue: D. Findings of Fact and Conclusions of Law for Approval: CUP , 08-006 Request for Condifional Use Permit to operate a drinking establishment in an existing O-T zoning district for Corkscrews by Marla Smith - 729 Main Street: Moe: Next item on the agenda is our Consent Agenda. There is four items on that. First would be the approval of our meeting minutes of May 1 st, 2008. Second item would be Findings of Fact and Conclusions of Law for approval of CUP 08-009 for Maverick. Next item would be the Findings of Fact and Conclusions of Law for approvai of CUP 08-004 for Fred Meyer Pharmacy. And the last item is the Findings of Fact and Conclusions of Law for approval of CUP 08-006 for Corkscrews. Are fhere any discussions or changes in the Consent Agenda? O'Brien: None here. Moe: Okay. Can I get a motion to approve the Consent Agenda? O'Brien: So moved. Marshall: Second. Moe: If's been moved and seconded to approve the Consent Agenda. All those in favor say aye. Opposed? That motion carries. ~ MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 4: Continued Public Hearing from May 1, 2008: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning district for Overland Villaqe by Relo Development - 3330 E. Overland Road: Meridian Planning & Zoning May 15, 2008 Page 3 of t8 Moe: We are just moving right along here. The next item on the agenda, then, will be to open the continued Public Hearing of AZ 08-004 for Overland Village and continue it to the regularly scheduled meeting of June 5th, 2008. Can I get a motion -- Rohm: So moved. O'Brien: Second. Marshall: Second. Moe: It's been moved and seconded to continue AZ 08-001 for Overland Village to the regularly scheduled meefing of June 5th, 2008. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARRfED: FOUR AYES. ONE ABSENT. Moe: Now, before I do open the next hearing, there are some folks in the audience that I don't think I have seen here, so, basically, I just kind of want to give you a-- just a brief explanation of what will happen tonight and we will go from there. I will open the hearing, at which time the staff will give a brief overview of the item, at which time, then, after staff has made their presentation the applicant will be asked to come forward. The applicant will have 15 minutes to, basically, explain their project and discuss whatever fhe staff had come up wifh as well and answer some questions of Commission if they are asked at that time. After that, if there are sign-ups in the back, if you have signed up and want to speak, anyone in the audience, will be allowed three minutes to come forward and ask questions at that and express fiheir concerns as well. After all the folks that have signed up have come forward, I will ask, once again, if fhere is anyone else in the audience that would like to speak and you will also, then, get your three minutes to speak as well. After fhat is done, then, the applicant will be asked to come back up again and, basically, answer any questions that came up through that process and rebut anything there. After fhat point, then, we will make decisions at that time. Item 5: Continued Public Hearing from May 1, 2008: RZ 08-001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trinity Assisted Living by Elisha Ricky - 1353 W. 1 St Street: Item 6: Continued Public Hearing from May 1,. 2008: CUP 08-005 Request for Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval for a site and building that does not meet fhe criteria of the Downtown Meridian Design . Guidelines for Trinity Assisted Living by Elisha Ricky - 1353 W. 1St Street: Moe: So, having said fhat now, we will, then, open the continued Public Hearing for AZ 08-001 and CUP 08-005 for Trinity Assisted Living and have fhe staff report, please. Meridian Planning & Zoning May 15, 2008 Page 4 of 18 Parsons: Thank you, Mr. Chairman, Members of the Commission, the application before you tonight are a rezone of 0.32 acres from R-4, low density residential, to Old Town -- OT, Old Town zoning district, and Conditional Use Permit approval for two UDC requirements. One to operate a 24 hour nursing care facility in a proposed Old Town zoning district and, two, to construct a new 2,100 square foot addition to the existing residence fhat does not meet the downtown Meridian guidelines. The applicant is requesting a rezone because nursing care facilities are not a permitted use in the R-4 zoning district. If you look up at the zoning map, the site is located at 1353 West 5th Street. As you can see there, all the residents surrounding the property are zoned R-4. The aerial view of the site shows the existing residents as proposed to be expanded as part of the project. I know it's kind of tough to see there, but fhis house currently sits right back there along fhe rear property boundary. Because fhe property is located -- oh. Excuse me. The applicant is proposing a new 2,100 square foot addition. The square footage of the facility will be approximately 4,300 square feet. The existing building is currently operating as an eight person residential care facility and the owner is proposing to expand her business to operate as a 16 patient nursing care facility. Because this property is located in the Old Town zoning district, all new structures are required to comply with design guidelines per the downtown Meridian guidelines. Because fhe site and proposed building does not comply -- excuse me. Staff has included that analysis in Section 10 of the staff report detailing which guidelines the applicant does and does not comply with. In addition, fhe UDC requires .5 spaces per dwelling unit for nursing and residenfiial care facilities. On the submitted site and landscape plan before you the applicant has complied with the parking requirements of the UDC and has provided eight parking stalls. So, up here -- here is the landscaping site plan for the site. Here are the eight parking stalls that are currently there, but they are just proposing to stripe them and bring it into conformance with fhe current code. They are also proposing to add those planter islands at the end of those parking stalls as well. However, the applicant is proposing perma bark as the primary ground cover along the north side of the property. The use of perma bark as the only ground cover is prohibited by the UDC. The submitted site and landscape plan shows perma bark to be used along the east and north side of the building. The applicant is proposing trees and shrubs along the east side of this site. However, shrubs are proposed along the north side of the foundation of the 2,100 square foot addition. Staff has conditioned the applicant with the following requirements. One. Provide additional trees and additional plantings touching at 70 percent of maturity or plant four additional trees and replace the perma bark along the northern boundary with lawn. Furthermore, staff believes that additional trees, one every 35 linear feet, should be planted along the west and south to provide additional screening for the residents along those boundaries. So, to sum that up, right now this is what the applicant's proposing to show on the land. This is perma bark located here with the trees and the shrubs, as I mentioned. Here is the foundafion plantings fihat I referenced. And, then, this location here is primarily just perma bark. No additional plantings or anything else. So, what I have done is either they add some trees and shrubs there touching at 70 percent of maturity or they can just plant four trees, put in some lawn, and we can call it good and comply with that condition. Also, with the specific standards of nursing and residential care facilities, it states that they should provide a buffer -- like if they are going to house any Alzheimer's patients or Meridian Planning & Zoning May t5, 2008 Page 5 of 18 dementia patients, they should have some kind of six feet screening to keep those people on the -- contain them on the property. Right now the site is currently surrounded -- has an existing chain link fence with slats along around it. The applicant is proposing to remove the front portion of the chain link fence and put up a four foot vinyl fence and that's why I have these -- kind of these references here to kind of try to explain what I have done, is in the staff report condition them to add six foot vinyl here along this portion and fhis portion, so that in the future they -- if they want to have those kind of patients on the facility, they will be in compliance with the UDC. Building elevations for the proposed building were submitted with this application. Exterior materials are proposed to be masonite siding and architectural shingles to match fhe existing structure on the site. Because the submitted elevations do not comply with the majority of the downtown Meridian guidelines, the project is subject to CUP approval. Staff believes the applicant should add additional architectural features to the east facing elevafion. Staff has conditioned the applicant to increase the three window sizes to a three by three and add brick and stone accents along the entire east facade of the building. So, basically, this is the street facing elevation that I'm referencing. I'd ask the applicant -- or conditioned it in the staff report that they increase these window sizes and add some kind of brick and stone accent along that front facade, too, to add to the varying building materials as specified in the downtown Meridian guidelines. Staff is recommending approval of the subject rezone and CUP for Trinity Assisted Living, with conditions listed in Exhibit B. This concludes my presentation and I stand for questions the Commission may have regarding the project. Moe: Any questions of staff at this time? O'Brien: I have one question, Mr. Chairman. Moe: Mr.O'Brien. O'Brien: Bill, on the parking out front, what is fhe length of those parking spaces currenfly? Parsons: Mr. Chairman, Commissioner O'Brien, those stalls are to UDC requirements, which are nine by 19. O'Brien: Nineteen? And how wide is fhe street there? As I understand it, it might be a -- you're requesting them to put signs up against in front to -- Parsons: That is correct. O'Brien: -- beware? Is that good enough? I don't know. Parson: The reason why I asked for the signage in the staff report is because they will be backing across the sidewalk and I want to make sure fhose persons that come to visit those pafients are aware that there are pedestrians behind them, so make -- just be cautious. Meridian Planning & Zoning May 15, 2008 Page 6 of 18 O'Brien: Has there been a traffic study at all done on that, on the amount of firaffic for both pedestrian and vehicles? Parsons: I do not believe so. Nothing -- ACHD didn't have any comments on the project. O'Brien: Has the police department reviewed this, then, I assume? Parsons: Yes, they have. I'd have to look at their staff report to see what they had required. I believe they had no comment on fhe application as well. O'Brien: All right. Thanks. That's all I had. Moe: Any other quesfions? ~Okay. Would the applicant like to come forward? When you come up, state your name and address, please. McCleary: Doug McCleary. I am representing Trinity Assisted Living. I'm with Chesapeake Construction, 14469 Big Horn Drive, Nampa, Idaho. Moe: Okay. McCleary: We are proposing, as staff -- as staff has mentioned, a 2,100 square foot addition to the assisted living center currently right now. This building will be constructed with stick construction, with masonite siding and the roof will match the existing. We are -- we going to understand and comply with what the staff has recommended addifionally for approval of the rezone and the CUP. Moe: All conditions of the staff report you're in agreement with? McCleary: Yes. Yes. We will understand and comply with all of those -- all of those recommendations. ~ Moe: Okay. McCleary: So, there was -- there was one mention with the -- with the garbage disposal and I had talked wifh Doug and we had confirmed on the site drawing we show totes, but we will be putting in a three yard dumpster to compiy with that requirement from the Sanitation Department. We won't need to change the site drawing, because the enclosure will fit the, -- will fit the dumpster just fine, so -- other than just -- just building this facility, I feel as a representative of Trinity Assisted Living that this is a-- this is a business that is going to be in need and that fhe area would meet and the buildings when it is done will actually beautify that street and will -- will, hopefully, set a standard for any other improvements fihat may be on that street. Moe: Any other questions? Meridian Planning 8 Zoning May 15, 2008 Page 7 of 18 Rohm: No questions. Moe: Okay. Great. Thank you. We do have some people that have signed up. Helda? Hilda. Okay. Would you like to speak? From the audience she's been spoken for. Gale Wilde. Wilde: Good evening. I will be brief, but I am fhe -- Moe: Please put your name and address, please. Wilde: My name is Gale Wilde. 1319 West 1 st. I own fhe two duplexes just to the south of this property and I really oppose expansion of this facility in what is currently a residential neighborhood. It will really affect the window views and patio usage of my tenants in those two buildings, as well as areate additional traffic in what already is a busy traffic area at times. That's my comment. Moe: Okay. Rohm: I have a question for you. Are you familiar wifh Old Town at all and the city's desire to incorporate that particular section of town into kind of a business district? Wilde: Not really. I just wondered what the property taxes that go to the urban renewal district go for on our property taxes, but -- Rohm: Uh-huh. Okay. All right. Thank you. Wilde: Can you answer fhat question? Rohm: We don't get involved in fhe tax side of things, but thanks. Moe: Thank you. Also signed up -- is it Dathan Cole. I did that right? Cole: You did it right. I'm proud. Moe: There you go. On the record, too. Cole: Dathan Cole. 652 East Idaho Avenue. I have lived in Meridian -- well, I have lived in Idaho pretty much all my life. Was gone for awhile, moved out here to Meridian. Been here for four years now. Work over at Lumberman's. Driving down West 1 st, saw the big sign, had no idea it was an assisted living facility. None whatsoever. Been in the area, never even realized it was there. Did a little research on it. I think it's a good idea that we have something like that in these neighborhoods. I would rather have something like this for my grandparents to go to if they needed it, than into a bigger run hospital -- than something like that. It seemed very quaint, very small. I have actually been -- I actually went in and visited the place. Yeah, it was an open door policy where Meridian Planning 8 Zonimg May 15, 2008 Page 8 of 18 I was able to just walk in and her employees showed me around. The properties look big. The rooms -- everything seemed nice. It was just really nice. It was just really nice to see something like that in a neighborhood like that and I never knew it was anything different. That's it. I just think it's a great idea to have fhis so later down the road I have something better for my parents. Rohm: Thank you. Cole: Thank you. Moe: Any questions? Okay. Thank you very much. Next on the list would be John Cole. J.Cole: Mr. Commissioner, Councilmen, I am for this -- Moe: Name and address. J.Cole: Excuse me. John Cole. 614 East Idaho. Moe: Thank you. J.Cole: I am for this addition. Number one, it will be nice to have a place of fhis type fhat's not very far firom my current home in case I have go into that type of home. I'll only have to move six blocks down the road. It's a very comfortable environment. Yes, it is in a residential area, but that's part of the -- I guess quaintness of it. It's not an instifution like we see out on the highway at the Nampa state school. It's an assisted living home, not a nursing home. Thank you. Moe: Any questions? Thank you very much. Next on the list is Mike Smith. From the audience he's good. That is fhe extent of the folks that have been signed up. If there is anyone else in the audience that woul.d like to speak, you're more fhan welcome. And I see none. Would the applicant like to come back forward? Okay. The applicant is -- from the audience says he's fine. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close fhe public hearings on RZ 08-001 and CUP 08-005. O'Brien: Second. Moe: It's been moved and seconded to close the public hearings on RZ 08-001 and CUP 08-005. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Meridian Planning & Zoning May 15, 2008 Page 9 of 18 Moe: Any quesfiions, discussion? Mr. Rohm, what's your opinion? Rohm: Well, I think that the applicant has done a good job presenting her project and, you know, there is hardly ever a project that has universal support, but I think as the community as a whole, within the Old Town district, this is exactly the type of development that we are looking for. So, to my perspective I think this is the right thing to do. Moe: Okay. Mr. Marshall, any comments? Marshall: Well, Mr. Rohm's already provided the same sentiments that I feel. I do appreciate the fact that the applicant has worked diligently with staff to try to meet the guideline as best as possible with fhe Old Town requirement. That's it. Moe: Thank you very much. Mr. O'Brien, any comments? O'Brien: I have to agree with previous Commissioners. The only concern I still have would be on the parking out front where you have to drive over a sidewalk and into a street that you would almost definitely have to cross the center line to straighten out to go forward and those are always a concern. So, that's why I was concerned about, you know, what -- how much traffic is on the street I don't know. It's a residential street, so I would assume it's average. I don't think it's any corridor of anything fihat I could see. So -- but that would be the only stickler that would hold me back firom wanting to approve this. I think it is a good fit for that area. I fhink it meets all the criteria in the staff report and so that's all I have on that. . Moe: Okay. Thank you very much requirements and the applicant is therefore, I think it's a great project. O'Brien: Mr. Chairman? Moe: Mr.O'Brien. . Just a comment. I won't belabor this. It does meet more fhan willing to accept the findings of staff, so, O'Brien: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council on file numbers RZ 08-001 and CUP 08-005, as presented in the staff report for the hearing date of May 15, 2008, with no modifications. Marshall: I second. Moe: It's been moved and seconded to send onto City Council approval of RZ 08-001 and CUP 08-005 for Trinity Assisted Living. All fhose in favor say aye. Opposed? That mofion carries. Meridian Planning 8 Zoning May 45, 2008 Page 10 of 18 MOTION CARRIED: FOUR AYES. ONE ABSENT. O'Brien: Mr. Chairman, question. Does the CUP go to the City Council as well? Moe: I believe it will go to the City Council because of the rezone. OBrien: Because of fhe rezone. Okay. Item 7: Public Hearing: CUP 08-010 Request for Conditional Use Permit to operate a church from an exisfing building in an I-L zoning district for Vineyard Christian Fellowship by Randy Rodes - 936 W. Taylor Street: Moe: Okay. Thank you very much. At this time I'd like to open the Public Hearing on CUP 08-010 for the Vineyards Christian Fellowship and ask the staff for their report, please. Parsons: Thank you, Mr. Chairman, Members of the Commission. The application before you tonight is a Conditional Use Permit for the operation of a church from an existing warehouse building in an I-L, light industrial, zoning district. The UDC requires CUP approval to operate a church within an I-L zoning district. The site consists of 3.8 acres and is located at 936 West Taylor Street. If you look up at the zoning map there you see that to the north you have residenfiial, zoned R-8, and surrounding the remainder of the property is industrial uses zoned I-L. Here is an aerial view of the site. Again, there is fhe existing structure, a warehouse facility on the site. Again, you can see all those surrounding uses. In 2005 the site was developed as a-- wifh a 48,960 square foot warehouse facility, wifih the approval of the Yanke warehouse CZC and in 2006 a Conditional Use Permit was approved for an indoor recreational center, which is the YMCA. Staff has reviewed the submitted site plan and landscape plans for conformance with the UDC and found that the site conforms to the parking and landscape requirements of the UDC. Per UDC 11-3C-66, all industrial districts require one space for every 2,000 square feet of gross floor area. Based on the ratio of parking per square footage, staff has calculated the parking ration on the site to be one space for 275 square feet of gross floor area. However, staff has concerns with the amount of parking for this site, because fihe city does not have parking requirements based on fhe seating capacity for places of religious worship. Furthermore, the church and the YMCA will share parking for the site on Sunday afternoons. Therefore, the Commission should determine if the proposed parking is adequate for the use proposed on the site. So, if I have you look at the -- kind of explain this for you. Right now the site is developed with roughly 184 parking stalls. The applicant is proposing to lease this portion of the building, so 7,200 square feet. The remainder of it is leased by the YMCA. It's my understanding from the application that the hours of operafion for the business will be primarily on Sundays from 7:30 to 2:00 p.m. 7:30 to 2:00 p.m. But the Y-- the other thing is fihe Y opens at noon on Sunday as well. So, we do have a little bit of overlap on the site. But I have been informed by the applicant that their services -- or at least in their narrative they say that their services should have -- should be concluded by the time that the Y opens. So, just kind of give you a caveat there. The other thing is -- Meridian Planning & Zoning May t5, 2008 Page 11 of 18 - and, no, we typically when we look at a site, we don't look at on-street parking, but it is a public street. So, if parking was a concern, they could primarily park on the street. But one ofher fhing I would caution you is there are no sidewalks along that corridor. The one other fhing I'd like to bring out, too, is, you know, staff realizes that they are primarily going to hoid their. services and do their type of work on Sundays, but, typically, your churches have business items they have to take care of during the week. Office -- people stay there for office uses. They might have a congregation meeting or somefhing on the site. So, we haven't limited them to just Sunday afternoons, we allowed them to operate during normal business hours for those types of functions as well. Here is the floor plan fihat the applicant is proposing. Again, here -- they are proposing 300 seat capacity here. Here is where they are proposing some Sunday school teaching here, the classrooms and, then, along here are some office buildings. I'm going to just go forward real quick, show you the elevafiions. Here are some elevations of the existing warehouse on the site. Staff -- in a staff report staff has conditioned them to try to make some exterior improvements, because the building is rather plain and does look like industrial use. So, we would like to see some differentiation befinreen industrial and a church use. So, basically, I'll go back to the floor plan for you. Here is the south side of the building, whiah is fhis portion of -- this is the south side here. Again, your east and your west -- west here. So, keep that visual. Here is the south side. You can see the two doors. Here is the one overhead door. Here is the other overhead door. Again, as I mentioned earlier, you have your classrooms and you have your offices. Basically, staff has put minimum conditions on them for exterior improvements. Basically what we are proposing is add some windows along this side here to add some natural light for the classrooms here, realizing they can't add anything here, because it's connected to the YMCA, the other tenant space. Add some windows here, with some decorative awnings. Add a window here with decorative awnings. Remove this metal door completely. Overhead door. Fill it in with fihe appropriate building material, add some windows, and decorative awnings there in that location as well. After speaking with the applicant, they have informed me that they would like to keep that roll-up door in this location, because this will be stored for them on fhe site. So, they figure that will be easy access for them to get in there and remove things in and out of the building. Then it's hard to see on the west elevation, but there are some windows and some more -- I bounced back to the elevations. You can see -- I can't tell or not, but should add some windows and some awnings on that side as well. One other clarification I'd like for you guys to act on tonight. I had a little error on one of the conditions of approval, so I'd like you to modify that condition if you would. Basically, iYs condition of approval 1.9. It's -- I would like it to read: If and when child care -- I guess that's -- just to back up a little bit. Right now the applicant isn't proposing any ancillary uses, so they are not proposing any day care or any type of private institution on the site, just mostly for Sunday worship. But in the I-L zoning district those types of uses can be accessory uses to the church. So, what staff has done in the staff report has conditioned the applicant to come in -- if and when they want that type of use of -- to be associated with the church, they'd have to come in with staff and go through appropriate measures. Well, in the -- in the staff report I said that fhey -- in the condition of approval I conditioned them to come in with an accessory use permit and it should read they need to come in with a CZC, certificate of zoning compliance. So, that's why I Meridian Planning & Zoning May 15, 2008 Page 12 of 18 need to change that verbiage from accessory use permit to certificate of zoning compliance. And that condition again is 1.9. Again, staff is recommending approval of the CUP and fihis concludes my presentation. I will be happy to answer any questions the Commission may have. Moe: Thank you. Are there any questions of staff at this time? Okay. Would the applicant like to come forward, please. And, please, state your name and address for the record. Beckman: My name is Rick Beckman and I am representing the Meridian Vineyard and their address is 211 East Carlton. We have -- you know, we have outgrown our facility right now and so we are, actually, bulging at the seams, so we have looked -- as you well know, it's hard to find property in the City of Meridian and since we are the Meridian Vineyard, it's going to be -- we would like to stay with inside the city limits. So, what we have decided is to utilize this spot so that we can have a temporary landing site and grow a little bit bigger ~and get ourselves in a position where we can buy a piece of property and build a building. Moe: As far as the staff comments in the report, are you in agreement? Beckman: The staff comments we have -- as you can see on the -- Moe: There should be a pointer -- Beckman: -- east side of the -- oh, let me use fihis. Okay. Right here on this side of the building, one of the areas they are proposing for windows and awnings and that is a fire lane and our concern with that would be it's an area where we may be able -- it's a place for someone to break in and that kind of stuff. If you can go back onto the floor plan. There will be walls in befinreen each one of these classrooms, so the windows would only help, you know, that particular classroom and this is just a staff area. So, we are -- this is kind of a cost prohibitive situafion is what we think. And also the removal of the door -- as you can see, we are currently -- on the plan that we are going to firame around the door, so we can leave the door as it is. We are only going to be there temporarily. If we remove all this stuff, fhen, they are going to require us to put it all back and, again, we are a church, we don't have a lot of money to just take stuff out and, you know, put it back in, so -- windows on this side, we have enough problems with people daydreaming in church as it is. We don't need them looking out the windows, okay? We don't want anything to sidefirack anybody. We want to keep them focused on the pulpit, okay? So, basically, windows and the -- we thin:k the building looks really nice the way it is. It has a nice entrance and we see no reason to remove the door and I believe the landlord who is here today also with us, we also agree -- it's an industrial building, we are planning on using it as a temporary landing site for us. So, if we could just frame around that one, because we plan on using the other one. On this side we have framed this all in for storage for the -- for the musicians, so we can bring in our equipment and we have special people come in, they can come right in and up the ramp and onto the stage. So, we need that one. I believe that's all. Thank you. Meridian Planning 8 Zoning May 15, 2008 Page 13 of 1'8 O'Brien: Mr. Ghairman? Moe: Mr.O'Brien. O'Brien: What is temporary to you? The time frame. Beckman: We are in a five -- we are going to have to sign a five year lease, so -- so, that's -- as far as we know five years. O'Brien: But could be extended. Beckman: But it could be extended. O'Brien: Thank you. That's all I have. Beckman: Okay. Moe: As far as the hours of operation and whatnot, I'm assuming any weddings for Saturday and things like that or -- I mean right now in the staff report it's -- Beckman: There are those possibilities. We'd definitely have to arrange with the Y to find out about fhat kind of stuff, so -- Moe: And that's my concern is -- is that I have seen that -- the building where the Y occupies and that thing is -- that parking lot is full and the street is full and so to have other activities going on at the same time is going to be prohibitive for parking is my concern. Beckman: Yeah. One of the things I have noticed, especially during their tournament times they have a lot of extra parking that they need, but are willing -- the Y seems to be willing to talk with us also. I'm sure we can work something out -- if find out if fhis particular time for a wedding would be okay and maybe minimize the guest list and -- Moe: Thank you. Any other quesfions? Rohm: I guess my oniy question is did anyone from your group go down and talk to staff about their concerns about the exterior of the building, the modifications recommended in the staff report or what -- did you folks go down and talk to them about it and say, well, you know, fhis is what our thoughts are? Beckman: No. I thought fhat's what this was for, so -- Rohm: Well, it kind of is, but, typically, as far as the Commission is concerned, we'd prefer Yhat you have those items resolved before you come before us. But this is certainly the venue that we can resolve fhat for sure. Meridian Planning & Zoning May 15, 2008 Page 14 of 18 Beckman: Okay. Rohm: Okay. Thank you. Beckman: Thank you. Moe: Anything else? Okay. Thank you very much. Beckman: Thank you. Moe: We do have some folks that have signed up. Michael Ford. Ford: Mr. Chairman, Member of the Commission, Mike Ford, 1098 North Hickory, Meridian. I'm employed by the Yanke family to manage their real estate, including this facility. I appreciate the staff. s recommendation to approve the conditional use, but, the exterior improvements are what give me heartburn. I was not aware of those until the applicant delivered the staff report to me last week. We construct -- started construction of fhis building in 2005 as a warehouse -- spec warehouse. A couple of the family members got to thinking basketball, volleyball, knowing the need for these courts and fhis sort of thing, so we started going that way. I met with the YMCA and made a deal with them. Staff mentioned that fhe YMCA leases that 40 some thousand feet. They don't. Ifs free. We let them use it free. They are there on a year-to-year basis. Even fhough they pay no rent, it has not been that great a deal for fihe Y, with their operating costs, because of the location, ,mainly. It's not the kind of location that I guess is convenient for a lot of their members. So, they could go any -- anytime. I mean, like I say, it's a calendar year deal, so every December fihat deal could stop. The building was constructed for industrial uses and that's what I believe it will be used eventually. Adding windows and awnings and things like this to an industrial building just don't make a lot of sense to me and we would require the church to pay for all that and to replace it back the way it was when they left. So, I think that's quite a burden that's being put on them. So, I would ask you to consider -- consider that and I stand for any questions. Moe: Any questions? Thank you very much. Next is Chuck Jones. Jones: My name is Chuck Jones. My address is 11395 West Kipling in Nampa. Just want to thank the Commission for seeing us tonight. I understand the concerns of the staff and I just -- I thank them for overlooking for us. We, basically, went and met with them, completely ignorant to this whole process, and they have been a tremendous help and so your -- our -- we ask your apologies for not addressing fhem on some of these issues. I do want to speak -- I mean Mike pretty much has laid most of it out. You know, for them fhis is an industrial building and for us, if you -- if you get a chance to go out to fhe site, the public doesn't see it unless they are right in front of it and so from any main street you're not going to see the frontal appearance of it and so the appeal of any of the other buildings in the area are other industrial buildings. So, to spend the money Meridian Planning & Zoning May 15, 2008 Page t5 of 18 to make it look how the staff has recommended certainly doesn't benefit us in any way and it doesn't really benefit fhe owner of the buildings, we'd just have to pay to put it all back and being that it's a metal building, to put some of those windows back and whatnot to the original condition is going to require quite an extensive amount of siding to be replaced. Probably literally from floor to ceiling to get it to look good again. So, we would ask that those requirements wouldn't be made. And I think Rick already addressed the windows. Now, the windows on the side of the Y-- if you go to the floor. plan for me? On the -- let's use this dealy bob here. On the left side here where they are proposing that window, the ofher concern that I would have is also the ability to see what potentially is available to take. Some of the equipment and gear that will be in there is quite cosfly and expensive and most of it will be owned not by the church, but by the people that volunteer for their equipment or their instruments or whatever and I know that we -- we are -- obviously, it's expensive just even for us to retrofit the inside of this building is a tremendous undertaking for us. So, I would also just ask that you consider not having us make those changes would definitely help us out tremendously. Now, I understand also about the issue wifh the parking. I have been the one to talk with the people that are running the Y and their response to us being in there has been really wonderful. They have expressed that they are actually glad that it's a church going in there and not a business, because, then, you would have to deal wifih sound of machinery and whatnot and who knows what kind of equipment they would bring in and what kind of parking issues they would have with another company's equipment. So, I -- I don't know if I can continue to go on, but -- and fhat we have also -- across from this property that you can't see, there is an available lot that we have considered going to the owner to rent that additional parking space if we need to do that as well. Right now the Y is just using it and I don't think he's too happy about it, because they have not gone to him and asked him for permission or anything like that whatsoever, so -- and we also -- Mike didn't menfion, but down the road from here -- let me see if I got this right. There is Taylor. The Yankes -- am I correct, don't the Yankes own this building here? This is also a company that just went in there. I think they -- are they a paint company? They are a cabinet shop. They are not open on Sundays whatsoever. And the Yanke family has already said that this would be somefhing that there shouldn't be a problem to use this parking. They have actually got quite a bit there as well. So, I just don't see the parking fhat potentially being an issue. I know I have been there when they have tournaments and it's pretty crazy around there when they have a tournament, but there are some other options available to us and fhat place is -- outside of the Y it's a ghost town there on Sundays. So, I think that's all I have. Moe: Any questions? Great. Thank you very much. That was all that was signed up. If there is anyone else that would like to come forward. Nobody wants to come forward. Does the applicant have any other comments? No? Okay. Thank you very much. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the Public Hearing on CUP 08-010. Meridian Planning & Zoning May 15, 2008 Page T6 of 18 Moe: I sure will if somebody gives me a second. Marshall: Second. O'Brien: Second. Moe: Thank you. It's been moved and seconded to close the Public Hearing on CUP 08-010. All those in favor? Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Discussion? I guess I'd like to make a couple comments. I, actually, think this -- this is going to be a fine place for this. I mean it's a temporary facility, .you know, if they are doing a five year lease on fhis thing, you know, at some point fhey are going to move. Quite frankly, it is an industrial building. Bill, would you put the building back up there for a minute? The front. There you go. This is an industrial building and they have already put some esthetics to the front of this building already. I guess -- is it what I would want? No, probably not. But at the same fime I'm -- you know, staff is willing to let them have the one overhead door. If you -- in fact, if you start putting windows in this thing, yes, you're going to have to replace the entire sheet metal all the way up on the those walls, you're just not going to do an in-fill. I, for one, think I'd approve this project and I don't know that I would require them to make any modifications to that existing building. That's my comments. Mr. O'Brien, do you have any comment? O'Brien: I think you did a pretty good job. I think it would be quite a hardship for them to do all the modifications and, then, of course, have to go back and replace that unnecessarily. I just don't think it's going to be adding any value to anyone by making all those changes. In fact, I fhink I'd have to agree with issues regarding -- because of this being somewhat isolated near a railroad track, et cetera, for vandalism, et cetera. I just fhink that I have to agree with the applicant's concern on that issue. So, that's all I have. Moe: Mr. Marshall. Marshall: I believe the facade already fits into the surrounding area. I don't believe changes would be necessary, in my opinion. , Moe: Okay. Mr. Rohm. Rohm: No comment. Moe: No comment. Okay. Well, in that regard, then, whoever the maker of the motion is, make sure that you deal with item 1.9 that Bill wanted as well as we go through this. So, I will leave it up to you folks to make those decisions. Meridian Planning 8 Zoning May 15, 2008 Page 17 of 18 Marshall: Well, we need to make an exception on 1.9, but also -- Mr. Chairman? Moe: Mr. Marshall, yes. Marshall: After considering all staff, applicant, and public testimony, I move to approve file number CUP 08-010, as presented in the staff report for the hearing date of May 15th, 2008, with the following modifications: In recommendation 1.9, if and when child care use is adopted -- to require not an accessory use permit, but a CZC, conditional zoning -- certificate. Okay. And also to delete the requirements of the additional windows and to leave the roll-up doors. Moe: Now, we probably ought to be a little bit more -- MarshalL• More specific? Moe: Yeah. As far as the section and whatnot of those items. Do you have -- Marshall: Oh, where those are. Parsons: Mr. Chairman, Commissioner, that condition is 1.8 in fhe staff report. Moe: 1.8? Parsons: Yes. Moe: Thank you very much. Rohm: Yeah. I think you can just eliminate -- delete 1.8. Marshall: With the eiimination of requirement 1.8. Rohm: I will second that motion. Moe: Okay. It has been moved and seconded to approve CUP 08-010 with the aforementioned changes to the staff report. All those in favor signify by saying aye. Opposed? That mofion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 8: Public Hearing: PP 08-004 Request for a Preliminary Plat with 6 residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield by Cottage Investors, LLC - 3295 E. Falcon Drive: ~ Item 9: Public Hearing: GUP 08-008 Request for Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with Meridian Planning & Zoning May 15, 2008 Page ?8 of 18 15 beds in an R-8 ~zone for the proposed Maxfield Subdivision by Cottage Investors, LLC - 3295 E. Falcon Drive: Moe: Okay. At fhis time I would like to open the Public Hearing on PP 08-004 and CUP 08-008 for Maxfield Subdivision for the sole purpose of continuing the hearings to the regularly scheduled Planning and Zoning meeting of June the 5th. Rohm: So moved. Marshall: Second. Moe: If's been moved and seconded to aontinue PP 08-004 and 08-008 -- CUP 08-008 for Maxfield Subdivision to fhe regularly scheduled meeting of June 5th. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. O'Brien: Mr. Chairman? Moe: Yes. O'Brien: Move to adjourn. Marshall: Second. Moe: All fhose in favor? MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: We are adjourned at 7:50 p.m. MEETING ADJOURNED AT 7:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPR V- DAV11D MOE - CH RMAN ATTEST: ~~ JAYGEE ~I ~ I ~ DATE APPROVED ```~~~,,-~ ~ ~ ~ ~ --,,,,,,,~ . .~`~ ~ ~ ~~''% '~, % ., , CITY C~~R ~ o '= = SEAL = :; ~t~ ,~ ;; ,, ~ '"~r ,~~t • .~,~. ~~ Qq ~P .~ •, ~lNT`r ~ ~` '/~~~~~'"~~~ ~ ~~~~~~~`~~~~``\