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2009 02-05~~: ,,.t< ~`' ~~.~:~~~ .~w~ -~ ~~ 1 _A ~~.~~: f ~'. 7 ~~*= y,t.,,,~ Y:~_: ~~ r ~;- e~ ~x r~~~:°. "SL _~ %i- k 4 1V Meridian Planning and Zoning Meeting February 5, 2009 Meeting of the Meridian Planning and Zoning Commission of February 5, 2009, was called to order at 7:00 p.m. by Chairman David Moe. Members Present: Chairman David Moe, Commissioner Joe Marshall, and Commissioner Tom O'Brien, Commissioner Michael Rohm and Commissioner Wendy Newton-Huckabay. Others Present: Ted Baird, Nancy Radford, Sonya Wafters, Scott Steckline and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Tom O'Brien X Michael Rohm -Vice Chairman X Joe Marshall X David Moe -Chairman Moe: Good evening, ladies and gentlemen. Welcome to the regularly scheduled meeting of the Planning and Zoning Commission for Thursday, February the 5th. At this time I'd like to open the meeting and have the clerk call roll, please. Item 2: Adoption of the Agenda: Moe: Next item on the agenda is the adoption of the agenda. But before I do that, you know, if you folks out there, you want to spread out, you got all sorts of room, you know. Feel free, you know. We have got lots of room now. Anyway, on that note there are no changes to the agenda, so if I can get a motion to accept the agenda. O'Brien: So moved. ~ Marshall: Second. Moe: It's been moved and seconded to approve the agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve Minutes of January 15, 2009 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-031 Request for a Conditional Use Permit to operate an indoor ~3 {' i3Y" s ar"~ ..,, h, ~y .y', -: ~- Y~ y~i' j1• s;~Yt ^-; ;,-; ,. ~,s ~~ ~~~ e~~"~ ..: ~.~: wy, ~~ ~r3 ti ~~. `:~: 4 "j;, iAir~~ li; f : v .:, r, ,; -~= .,; ;h' ;. ~ ~ ;;- a~~ t 5;<; . ~; Meridian Planning & Zoning Commission February 5, 2009 Page 2 of 9 ° recreation facility (dance studio) from an existing building in an I-L zoning district for Meridian Stars Dance by Cynthia Rodriguez - 195 South Adkins Way: Moe: Next item on the agenda is the Consent Agenda. Items on that include both the approval of the meeting minutes for the January 15th Planning and Zoning Commission meeting and the second item is the Findings of Fact and Conclusions of Law for approval of CUP 08-031. Any comments, questions, from the Commission? Newton-Huckabay: I have none. Moe: If there is none, can I get a motion to accept the Consent Agenda? Marshall: So moved. O'Brien: Second. Moe: It's been moved and seconded to approve the Consent Agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. ~~ Moe: Thank you, Commissioners. Next item on the agenda is the public hearing for CUP 08-032. Before I open that, if you folks have not been to a Planning and Zoning meeting, I'll just give you kind of a rundown. I will open the hearing and staff will give the -- basically, a brief overview of the project. We have all also had time to review the project as well. Once the -- the Planning Department has made their comments and whatnot, I will, then, ask for the applicant to come up and the applicant will have 15 minutes to explain the project and any comments they have to or for of the project and whatnot. There is a sign-up sheet in the back. Once the applicant has finished talking, it will be public testimony time and if you want to speak to the Commission, you can sign up in the back. You have three minutes to make your comments. Once -- not that there is a lot of people here tonight, but once the list is empty I will ask if there is anyone else that would like to speak and, if so, you would have three minutes to speak on behalf of -- however. After that point I will, then, ask the applicant to come back up and give any rebuttal testimony or explain any questions that had been asked early on. Item 4: Public Hearing: CUP 08-032 Request for Conditional Use Permit for a residential care facility in an L-O district for Locust Grove Plaza by Ruby/Edwards: Architecture + Design -1695 S. Locust Grove Road: Moe: So, having said that, I would like to now open the hearing and start with the staff report, please. Wafters: Thank you, Chairman Moe, Members of the Commission. The application before you is a Conditional Use Permit for a residential care facility in an L-O zoning i~ :: ~_~ `'"~ Meridian Planning 8~ Zoning Commission ' February 5, 2009 4Z Page 3 of 9 district. The property is located at 1695 South Locust Grove Road on the southwest ~'' comer of Locust Grove and Overland. The site is currently vacant. Residential ~ ~~ ~ properties exist to the south and west. A gas station, convenience store, to the north and vacant commercial property to the east across Locust Grove Road. This site was >- ~ annexed in 2007 with an L-O zoning district. A development agreement was approved `` ' ` at that time that restricted the site to office uses only. An amendment to the ~ , development agreement was approved by Council on January 13th of this year that ~'.~'..,.~Ff:.. '-t_b "'~~ ' allowed for the subject assisted living facility with conditional use approval. The proposed site plan and building elevations comply with those approved with the DA F ~~ ~ modification. The applicant has submitted a site plan showing a 30,106 square foot, }~~- ~ ' two story, 54 bed assisted living facility to be constructed in two phases. One access ~'~ point to the site is proposed via Locust Grove at the south end of the site. No access is ~~~' ~°`' ~,: ~ ro osed or a roved via Overland Road. The two sto buildin rs proposed to be P P PP ry 9 ~ .: located away from the adjacent residential property boundary next to Locust Grove and ~ Overland Road, with parking at the rear of the structure adjacent to the residential ~ ~ property. The proposed on-site parking meets and exceeds UDC standards. Because . ' there is a significant slope to this site from the adjacent street toward the residential ~`"` ~~ properties, bollards are proposed at the southwest comer at the bottom of the grade in <s line with the driveway entrance. An internal pedestrian pathway and a plaza area for ~~'' " ~~ the residents are proposed as amenities on the site. When the development agreement modification request was heard by City Council on January 13th, Council requested that `~ --° staff work with the applicant and neighbors to identify specific landscaping to be planted '`~ `, ~~ within the buffer to residential uses to screen the neighbors, as well as not create an ~,,.K enforcement problem for the police department. Staff met with the applicant and based ~~"-' on our discussions the applicant revised the landscape plan and cross-section of the ~''-' ` berm. Staff contacted both of the neighbors, Gene Viertel and Bruce Waite, who testified at the Council hearing, for comments on this application. Mr. Viertel and his ~::4;; neighbor Mike Bussert came into the office today to voice concems about the need for " ' additional landscaping along the top of the berm and an increase in the height of the ~` berm. The submitted landscape plan complies with UDC standards. Across-section of ~4~~ the proposed berm depicts anti-personnel landscaping between the berm and the fence to deter people from loitering in this area in response to concems of the police }~`` ~' department. These are the proposed building elevations for the assisted living facility. `~'``' ` Building materials depicted include shake siding in two different colors. Lap siding and ,,, belly band, simulated stone veneer and architectural composition roof shingles. Staff is ~ ~ ' supportive of the proposed elevations, as they comply with UDC standards, design ~~;. ,, standards and the elevations in the amended development agreement for this site. Written testimony was received from Mike Ball, Sportsman Point Homeowners ,~`~~~ Association president, Mike Bussert and the applicant, in agreement with the staff f report. Staff recommends approval of the Conditional Use Permit with the conditions ~'~ '- stated in the staff report. Staff will stand for any questions the Commission may have at -.,; . this time. ~~ Moe: Any questions of staff at the present time? ~- e. ~' "' `~ O'Brien: I have none. u~-"•: ~' ~' i;- S ~~ ~T.. ~ l 'i f, s ~{`~~~i Wy, t ~ SF~~ Y +~ ~ S ~%i%i' ~ :':. h ~,j.. ~ .. -C_ '~ ~F h7xf y~ +~J L 7 ~'Yy E rre - - ,'L ~~o 4 ` .t ~` '~, J ~. ":~ p t i .~ ~'~ w r_T '~ e ,.- f„~~~~ Y ~ ~~{ fi p~ ~ } ~ 1' ~~. Y' k }}: t. +-4'2~._ ~~ 5hi~ ~~S . klr ~~d -~~t .. S. ~, y~ J. ~ Y d' ~' t ;'' -:{ '. '. hF ,y ~ ~_ .." ~' t ~,;,: Aye.. ... ..- Meridian Planning & Zoning Commission February 5, 2009 Page 4 of 9 Y i ~ ~ F4 Marshall: My only question would be -- so the parking meets UDC standards. Is that ~~ ~~~,~~~ before or after the addition? Watters: Chairman Moe, Commissioner Marshall, UDC parking standards are met after _ `" the addition is constructed. Marshall: Thank you. ' ~`' Watters: There is no parking proposed within that area that's proposed for future ~, `~$ _ expansion. ,,. Moe: Okay. I don't know that I heard you say it, but did the sidewalk get changed to the ,,- eight foot wide, as opposed to the five foot? ' ~' ~ Watters: Chairman Moe, there is a condition of approval that they provide an eight foot ~ ~ ' ~ wide sidewalk, yes. From the perimeter sidewalk to the main building entrance. a ~ ~ a ~"~~~ Moe: Okay. Thank you very much. Anything else? Would the applicant like to come --. _w forward, please? t Halladay: Is it on? Is there a way to tum this on? Okay. Can you hear? E' F,f,? O'Brien: I can't hear. .. '~ ' ~ Marshall: I can hear him, but I can't hear him over the speaker system. I have to agree. .~ ''~' Watters: Well, you're going to have to speak up, I guess. ` ~~~' Halladay: Okay. My name is Scot Halladay. I reside at -- my name is Scott Halladay, I'm the applicant. I reside at 9246 West Rockstone Court, Kuna, Idaho. Thank you for ~~ ~.; the opportunity to present for this application to the Commissioners. Just wanted to '~''~ this was previously approved for light office start off that as mentioned in the staff report ~~ 4x~„ , and we had the development agreement approved for a light office. If I could have the '~~ previously approved building show up on the monitor. This is the building that we _ previously had approved. Compared to what we have -- what we are proposing now ~ ~~> and what the new development agreement has been approved for, we have received a . +~`-' lot of approval that they like the new proposed building a lot better. It's more residential ~: looking. We feel that it's a much better transition from the residential properties that are }' `~~' to the west and south of our proposed project, rather that having the -- what was - originally approved. In our neighborhood meetings that we had, the overall feeling was ~N ~y~k ~~. they -- they like this much better. Obviously, they would rather see houses there, but since it's zoned for light office they would rather see an assisted living center that provided a much better transition. When we did meet with the neighbors in the ~~' neighborhood meetings, they -- they did like also in the new proposed building it is approximately ten feet shorter. That was one of their concerns in the beginning that the ~.~ ~~ N~~ :-k_f,f '~ 3 4 ~ +i '~ n~; ~; ' . - ~ ; 4~~.: .. ~ ~ - ~.:. ~= ~:.'. Meridian Planning 8~ Zoning Commission ``''` February 5, 2009 ~` Page 5 of 9 building was high. The building itself will be sitting about approximately six to eight feet "'~'"'~~ lower than the sidewalk level, so that will also help with the overall height of the building, so it won't seem so large. They also like the idea that there would be less traffic with an _; 'y assisted living center, rather than a light office complex and also that it would be much quieter during the day and there would be minimal traffic at night, just with staff changes. They did have some concerns. We feel that we have addressed -- we have `~ addressed those with the original approval with the light office building. We had the dumpster right back up against the residential. We have moved that across the parking lot. That was one of the concems that we feel we have addressed that. We have moved it closer to the building and further away from the residential properties. We have included the landscape berm. We have -- one of their concems was headlights coming up over into their backyard as people come down into the driveway. So, we ~~- -- have -- we have -- in the cross-section where you saw that the berm will be ~` approximately two feet higher than the level of the parking lot and we are proposing to 4x ~~ put landscaping on the top of that to help shield that and that would be evergreen type landscaping, so during the wintertime also those headlights would be blocked. And, then, another concern that was expressed that would be the water drainage with that much area having asphalt and the building structure itself. We have -- that will, f .~ obviously, be addressed with our civil engineer and be reviewed by the city's ~~`~ engineering department to make sure that we do retain our water on site. So, we feel `' ~ that we have -- we have addressed that. We just feel an assisted living facility is a ~~'°~ much better transition from -- from residential to the commercial. Obviously, there is ~y , commercial across the street, a gas station, and the property to the -- to the east I think :`, is RUT currently, but I'm assuming since it's on a major intersection that when they do `. propose to develop that it will be commercial. So, we just felt that it would act as a - ~ buffer between Sportsmans Point Subdivision over to the commercial area and we just feel that it would be a much better looking facility. We feel that the neighbors that we have met with -- we feel that we have met the best that we can their concems and that's _ all I have to present. I will stand for any questions. Moe: As far as the staff report, you're in agreement with the report? Halladay: Yes, we are. _ Moe: Okay. O'Brien: I have one question. t~~~ ~~~ ,, Moe: Okay. O'Brien: Mr. Commissioner. Between the berm and the final fence you're going to have low profile I think shrubberies and things of this nature. A mix of that. Is there going to '°'~ be li htin oin shinin awa from the fence towards the buildin to hel illuminate 9 99 g-- 9 Y 9 p~ that -- that area that the police had some concems with? 4~' r a ;;r:: '~ ~~` " t `: „r i , ,`; t'. `' S. Meridian Planning & Zoning Commission _ February 5, 2009 ~y~. Page 6 of 9 it ;1 Halladay: I believe -- and Sonya might need to clarify this, but I believe that the ` ordinances are that the lighting has to be shining away from residential and that was ~~ ~,.:T ~ one of the concerns that they did have is the lighting coming off the facility. So, I don't -~ know that that area back there will be lit. 4 ~~~~!` Moe: Okay. r~~ ~•F•f:~j, O'Brien: I know they have some around the pathways, that low profile. I think they call them barrel or -- ~~ Y~ Halladay: Yeah. Just a low profile light that -- '~z +; O'Brien: Yeah. , gar Halladay: -- will be on the pathway to light up the pathway. , . ~„ O'Brien: That would be my only concern about the -- you know, along with the ~~~~~ shrubberies, you know, without any kind of lighting there I can see it trying to keep ~~_ people out, because they'd have to walk through this heavy shrub, but it also provides '°' ..-.~ hiding places. ~{ Halladay: Yeah. ~`~'~ O'Brien: And I just have a concern about the lighting. .~„ z t~;~ Halladay: I guess we have got -- which one we want to address, whether the neighbors "~' ` will want lights back there or -- .;+: ., ~ ~,: O'Brien: Well, I don't know if it's shining away from it, you know, somehow -- low profile lighting, I guess. I don't know. It's just a question. ~3 w +.,; ~: Moe: Any other questions of the applicant? ~~ Rohm: I have none. r r ~ ~~ ~~ E-:: Moe: Thank you very much. ,~ a t ' Halladay: Thank you. :' ~,r , ~Y/^ Moe: We have had one sign up, I think it's -- is it Ethan Messer? Okay. From the r, ~~ ~~" ;; ! audience he says he has nothing to add. So, we had the applicant. We have no one else. Commissioners, any comments? Questions? r5 •~~~ Newton-Huckabay: Mr. Chair? ;.f S ~~ Moe: Commissioner Newton-Huckabay. , z ;~ ~ -.~: 'a" ~~' 3 ,, , r~ .~~f, - .. .. t• . p..~ _ -_ f; ~~.. ~, F "~~ Meridian Planning & Zoning Commission February 5, 2009 Page 7 of 9 °~ Newton-Huckabay: I just had one question on timing. Sonya, you made the comment ~'=' that -- that two of the residents in the area came in today and asked for the berm to be higher yet again than it is now. Or does this current landscape plan depict a higher berm? Watters: Chairman Moe, Commissioner Newton-Huckabay, Commissioners, they came into the ofFce today, they voiced a concern that the proposed two foot berm was not high enough for pickup trucks and SUV vehicles and -- ~ " ":~ Newton-Huckabay: Wasn't that in an a-mail, too? ~.._ . Watters: Yes, I believe it was. 1i'b x{`'' '` Newton-Huckabay: Okay. s~ ~., ~' . ~, Wafters: They are in the audience tonight if you'd like to -- any -- ask them any F additional questions or get their testimony on that. Newton-Huckabay: Okay. r Moe: Is there anyone that wants to come up for any testimony? Rohm: Just a comment on that -- Moe: Okay. >., . Rohm: -- Mr. Chairman. You know, generally speaking, I think the assisted living has :~~.~ `~T~~ more of it's traffic throughout the day and people are pretty well settling down in the early evening and I'm not sure that there is going to be a significant impact on the ;_, ~ neighborhood as a whole due to vehicular traffic and I think the additional two feet that's in the proposal should meet the needs of the development. That's just my assessment. Moe: Okay. I would agree. k4:: Marshall: I personally would have a little bit of a problem trying to raise that. To raise "' that you're actually going to have to move the parking lot back and it can't move back - into the building anymore, because you're already at a two to one slope. Placing anti- `'"° personnel landscape bushes in there -- any more of a slope and you're not going to be able to have those plantings back there. I would rather have it a little shallower at the two to one and have anti-personnel plantings back there. Moe: Okay. Well, Commissioners? ` Rohm: At this time I'd like to just make a motion to close the public hearing on CUP 08- 032. ;, : ; ;>,; r~ ;~~~ ~ ~, ~ ~j~ ~ ~ u~ ~; ya ?, -°t•~~-. :'k: - i + -.'c 'ka'~~1~ ~,~ {. ~n. {~~ ~ (~l - ~ • - - b p. .t3 : -r Y;. - n ~' ~+'/'f/' ~ `„;. _. s; y , h~~ R ~y.~ ,~ • ~ i5: ~~~Rn I',L e7 ` ~r r .fi ,!~~~ ti r~.~. ~~t~r..- r i4' - .. a~ [ ~- ' d E ~ f ~"~ t 4 S~Iy~fY. 'K'..- - ~Y~. ri~Y: y^ ~ 7,~. , s `~.1 s' ~1 S`i'r. - R~S'¢~iTM'x ~ .k :.. ~ _. ,fix., Meridian Planning & Zoning Commission February 5, 2009 Page 8 of 9 O'Brien: Second. Moe: It's been moved and seconded to close the public hearing on CUP 08-032. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Again, any other comments from Commissioners or is there time for a motion? Rohm: Okay. Mr. Chairman? Moe: Commissioner Rohm. Rohm: After considering all staff, applicant, and public testimony, I move to approve file number CUP 08-032 as presented in the staff report for the hearing date of February 5th, 2009, with no modifications. Marshall: Second. Moe: It's been moved and seconded to approve CUP 08-032. All those in favor say aye. Opposed. That motion carries. MOTION CARRIED: ALL AYES. Moe: And I, too, think this is much nicer than the other building. Thank you very much. Commissioners, there is only one other item that needs to be done. Newton-Huckabay: Chairman Moe, I'd like to add an item to the agenda. Can I do that? Moe: Yes, you may. I'm not sure whether -- well, I guess we can -- you can sure ask the question, Commissioner Newton-Huckabay. Newton-Huckabay: I want to propose that we go to one meeting per month as the agenda warrants and I'm not sure exactly how we accomplish that, but I'd like to throw it out there. Baird: Mr. Chair? If I could recommend you go ahead and take that adjournment motion and have that discussion off the record, because that would probably be achieved through working with staff. I'm just -- Newton-Huckabay: So, it doesn't have to be official? Baird: At some point it will be official, but without the concurrence of the planning director, the Mayor, you probably want to put it on a future agenda. But I would ~, r ~ t_ -.- . ,; at ~~> ~~'rn fy:i>~~ `~ ~~ ~` _5 ;.- ~r 4 ~ fr h- . .. -:~ , .~~; ~:"•~r, .'v.~ ~i- ~`~ ~` rF :~, .:, ~~ ~: m~F~ ;~~- f. ~~~: ~.~ ?.. . . 1, Vh y~ ~4 !2.¢b:~/gf is?,; -.. f;µ _ ~t Y. t , -~.,,~ i`l tiy~5 ~ N, ~.~ ff~ , 4L rt ~ -~ }~. n7;4:. Meridian Planning & Zoning Commission February 5, 2009 Page 9 of 9 encourage you to talk -- discuss it tonight with the staff that's here and -- but that's probably best made off the record at this point. Moe: Okay. Newton-Huckabay: I move we adjourn. O'Brien: Second. Moe: I have a motion to adjourn. All those in favor say aye. Opposed? That motion barely carried there. MOTION CARRIED: ALL AYES. Moe: We are adjourned at 7:20. MEETING ADJOURNED AT 7:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) DAVID MOE -CHAIR AN DATE APPROVED `\````~~,,,,~~~~~~,,,,~~~~~~'/' ATTEST: ~ JRYCEE L. ~",,