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2003 07-17Meridian Planning and Zoning Meeting July 17, 2003 The regularly scheduled meeting of the Meridian Planning and Zoning Commission was called to order at 7:00 P.M., on Thursday, July 17, 2003 by acting Chairman Jerry Centers. Members Present: David Zaremba, Jerry Centers, and Mike Rohm. Members Absent: Chairman Keith Borup, Leslie Mathes. Others Present: Nick Wollen, Bruce Freckleton, Brad Hawkins-Clark, and Sharon Smith. Item 1. Roll Call Attendance: X David Zaremba X Jerry Centers O Leslie Mathes X Michael Rohm O Chairman Keith Borup Centers: Let’s open the Regular Meeting of the Meridian Planning and Zoning for Thursday, July 17th and start with roll call. Item 3. Consent Agenda: A. Approve minutes of July 3, 2003 Planning and Zoning Commission Regular Meeting: Centers: The first item on the agenda is the Consent Agenda approval of the minutes from the last meeting. Zaremba: Mr. Chairman. Centers: Mr. Zaremba. Zaremba: I have two comments on the minutes of the last meeting. On Page 4, the fourth line down it starts Zaremba and given credit for saying is the applicant here I thought we had a dress code. That actually was said by Mr. Centers. Centers: I don’t remember saying that. I agree with you. Zaremba: Is that applicant here is appropriate for Mr. Centers to have said. Page 19 the bottom line once again I’m given credit for having taken the vote and that was Mr. Centers acting as the Chairman. Those are my only two comments. Credit where credit is due. Centers: I would entertain a motion to approve the minutes as amended. Rohm: So moved. Meridian Planning and Zoning Commission Meeting July 17, 2003 Page 2 of 6 Zaremba: I will second that. Centers: Motion to approve the minutes as amended all in favor. MOTION CARRIED: THREE AYES, TWO ABSENT Item 4. Public Hearing: CUP 03-031 Request for a Conditional Use Permit for an educational facility in a 9,058 square foot tenant space in an existing building in an L-O zone for the University of Phoenix by the University of Phoenix – 2950 East Magicview Drive: Centers: At the last meeting on July 3rd I made the announcement that we don’t start new hearings prior to midnight. I don’t think I’ll have to worry about that tonight. Let’s start with the first item on our agenda and the only item for a CUP Conditional Use Permit for an educational facility for the University of Phoenix on Magicview Drive and we’ll start with our staff report. I thought we opened that Public Hearing but it’s open. Hawkins-Clark: It is open. Okay thank you Chairman Centers and Members of the Commission in an effort to make this the fastest meeting ever I would like to give my staff report. We recommend approval. Thank you. Centers: I’ve read the staff report so that’s fine with me. I think the only issue that our applicant has to cover would be maybe parking. Would the applicant like to come forward? Seel: Jonathan Seel 600 North Steelhead in Boise, Idaho. As you know, I work with Winston Moore but I’m here on behalf of the University of Phoenix, which would be the tenant in our building. First of all, I would like this to go on the record and I told this to Brad we did have a neighborhood meeting Monday nigh and nobody showed up which is always a best. As far as the staff report, we’ve reviewed the staff report. We have no comments on it other than to say that we would like to recommend approval of this use we think it’s a good use for the building as a good tenant. I would certainly stand here to answer any questions you might have. Centers: The way I read the staff report you really had more than enough parking. Seel: Yes we do. Centers: Okay. Seel: Yes. Commissioner Centers I think as you probably know with Mr. Moore he always provides more than adequate parking because we can never anticipate what type of use we are and there’s nothing worse than to be under parked. Centers: Very good. Any questions. Meridian Planning and Zoning Commission Meeting July 17, 2003 Page 3 of 6 Zaremba: I had two questions. One of them is really just personal curiosity. Is this University of Phoenix connected to the nationwide University of Phoenix? Seel: That’s my understanding. They are the largest private university in the nation. Zaremba: Okay I guess for some reason I was under the impression that it was mostly an online Internet. I didn’t realize they had classrooms but apparently, they do. Seel: They do have classrooms in fact they are a tenant in another building just approximately south that fronts Eagle Road. Zaremba: I saw that and I’m glad they’re growing. Seel: Yes and a representative is here tonight but I imagine if she gets up here we’ll be here till midnight because she’s pretty siked up about the company. Zaremba: My one other question would be and this probably is also for staff. On Page 5 site-specific requirement Number 1, I see that we have a letter tonight correcting the previous letter about the hours of operation. I saw that there was some discussion that the hours of operation are after the hours of most businesses. My question would be would anybody have any problem if we changed the wording of site-specific requirement Number 1 on Page 5 to say instruction and any other activity open to the public shall begin earlier than 5:30 P.M. on weekdays and 8:00 A.M. on weekends and cease no later than 10:00 P.M. all days. Seel: I’m sorry on the last part to start at what time again? Zaremba: Start at 5:30 P.M. on weekdays and 8:00 A.M. on weekends. Seel: I guess my question is why would it be necessary to stipulate when it would start. I mean I can understand in all due respect why it would end at 10:00 but I’m not sure why we would necessarily have to say the fact that it is technically to some degree an office use. Zaremba: I’m not stuck that we have to but I have a feeling that the parking requirement was met only if we were not sharing the same hours. Hawkins-Clark: Chairman Centers, Mr. Zaremba I believe the applicant has stated that they would start at 5:30. We are unable at this point to determine at build out of that building exactly what the parking ratio would be frankly. Because it’s a shell building right now that only has I think three occupants. As they continue to fill out, I mean we base the parking ration on a generic office use standard, which would be one parking space for every 400 square feet. It could be that they would even have sufficient parking if they operated with the University at the same time as other uses in the building. That’s difficult I guess for us to know until we know a better idea of what the occupants are going to be. Meridian Planning and Zoning Commission Meeting July 17, 2003 Page 4 of 6 Zaremba: The hours I was suggesting are the hours that the applicant – I wasn’t changing what the applicant said they were doing I was just – I guess my question is should we make that a requirement if parking is a problem or leave the sentence as it is? Hawkins-Clark: I guess the one thing I would point out is that the Conditional Use Permits do run with the property not with the applicant if that makes sense. We’re actually – this permit will actually run with the address. It’s not like it’s just attached to the University of Phoenix suite per say. I mean certainly that’s what’s instigating this. Centers: The only reason it is here tonight, excuse me, is the fact that it is a school, college whatever and it is a tad different than an L-O zone. I guess I would additionally make the comment. It reminds me of the applicant that we had for the dance school where I made the comment that if that school took up a lot of their spaces parking spaces that was the situation that the landlord would have to face with his other tenants. Face the loss of other tenants if he couldn’t provide parking for all of them. I think this is the same situation where you know if you have a tenant there that’s taking up a lot of your space and correct me if I’m wrong Mr. Moore and other associated LLC’s are involved in that whole development – Seel: Well there’s – go ahead I’m sorry. Centers: -- if you face the loss of tenants because of one tenant taking most of your parking spaces, you’re not going to allow that. Seel: No we would be quite honestly we would be shooting ourselves in the foot. I don’t think that this is an issue basically (inaudible) so to speak but I think there may be rare occasions for example when maybe they might want to start a class at 5:00 or something and I would not want somebody to come back. Again, I don’t see yes we’re not going to be shooting ourselves at foot and jeopardizing other leasing activities for the sole purpose of one tenant. Again, I don’t see it as a big issue either way. Zaremba: In that case I’m willing not to make that change and leave it. I’m convinced leave it the way staff asked for and you’ve already seen it. Centers: Any other questions. Seel: You’ve got about four more hours till midnight. Zaremba: How can we string this out? I’m already going through withdrawal on the – Seel: I’m usually pretty good at talking. Bruce and Brad know that so I could think of something else. I don’t know if there are any other questions, otherwise I’ll sit down. Zaremba: That’s it for me. Centers: No thank you Mr. Seel. Any other testimony? Meridian Planning and Zoning Commission Meeting July 17, 2003 Page 5 of 6 Zaremba: Mr. Chairman I move the Public Hearing on Item 4 be closed. Rohm: I’ll second that. Centers: Motion and second to close the Public Hearing on Item 4 the CUP 03-031 all in favor. MOTION CARRIED: THREE AYES, TWO ABSENT Centers: Any discussion? Zaremba: Mr. Chairman. Centers: Mr. Zaremba. Zaremba: I move we forward to the City Council recommending approval of Item 4 on our agenda. CUP 03-031 request for a Conditional Use Permit for an education facility in a 9,058 square foot tenant space in an existing building in an L-O for the University of Phoenix by the University of Phoenix at 2950 East Magicview Drive. To include all staff comments of their memo for the hearing date of July 17, 2003. End of motion. Rohm: I’ll second that motion. Centers: Motion and second to approve Item 4 CUP 03-031 all in favor. Motion carried. MOTION CARRIED: THREE AYES, TWO ABSENT Zaremba: Mr. Chairman. Centers: Mr. Zaremba. Zaremba: I move we adjourn at 7:11. Rohm: I’ll second that. Centers: I have a motion and a second to adjourn all in favor are you sure? MOTION CARRIED: THREE AYES, TWO ABSENT MEETING ADJOURNED AT 7:11 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / KEITH BORUP, CHAIRMAN DATE Meridian Planning and Zoning Commission Meeting July 17, 2003 Page 6 of 6 ATTESTED: SHARON SMITH, DEPUTY CITY CLERK