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2010 12-16Meridian Plannina and Zonina Meetina December 16, 2010 Meeting of the Meridian Planning and Zoning Commission of December 16, 2010, was called to order at 7:00 p.m. by Chairman Michael Rohm. Members Present: Chairman Michael Rohm, Commissioner Scott Freeman, Commissioner Wendy Newton-Huckabay, and Commissioner Tom O'Brien. Members Absent: Commissioner Joe Marshall. Others Present: Jacy Jones, Bill Nary, Pete Friedman, Bill Parsons, Scott Steckline and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Tom O'Brien X Scott Freeman Joe Marshall X Michael Rohm -Chairman Rohm: Good evening, ladies and gentlemen. At this time I'd like to call the regularly scheduled meeting of the Planning and Zoning Commission to order and start with the roll call of attendance. Item 2: Adoption of the Agenda. Rohm: Okay. The first item on the agenda is the adoption of the agenda and I am going to add two items to the end of the agenda. Item No. F is the election of new officers for the Commission and Item G is a tribute to one of our Commissioners, Wendy Newton-Huckabay, that this is her last meeting that she's required to attend and I have a few things that I want to say and possibly others will as well. So, with that being said, I'd like to begin with the adoption of the agenda and could I get a motion to accept the agenda as amended? Freeman: So moved. O'Brien: Second. Rohm: It's been moved and seconded to accept the agenda as amended. All those in favor say aye. Opposed? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 3: Consent Agenda. Meridian Planning & Zoning December 16, 2010 Page 2 of 12 A. Approve Minutes of December 2, 2010, Planning and Zoning Special Meeting. Rohm: The first item on the agenda is the Consent Agenda and that is the approval of the minutes from December 2nd, 2010, Planning and Zoning Special Meeting. Could get a motion to accept the Consent Agenda? O'Brien: So moved. Newton-Huckabay: Second. Rohm: Moved and seconded to accept the Consent Agenda. All those in favor say aye. Opposed? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Okay. Thank you. Okay. Before we open our first public hearing I would like to just kind of go through the procedure just a little bit and due to the small audience we have tonight I don't think we will need to get too involved, but, basically, the way this process works is I will open the public hearing and we will ask staff to present the project as it adheres to the Comprehensive Plan and the Unified Development Code. Once the staff has given their presentation and questions have been asked of staff, then, we will ask the applicant to come forward and give their input as to the project and once those two have been heard we will open it to the public for testimony and, then, the applicant will have an opportunity to come back and respond to any questions brought up by the public. Once that's completed we will, then, close the public hearing, deliberate amongst the Commission and hopefully be able to make a decision tonight and, if not, then, we will continue that hearing to a later date, but, generally speaking, we try to -- once we have opened a public hearing and taken testimony we try to act on it that same evening. Item 4: Action Items. A. Continued Public Hearing from November 18, 2010: (SPAM 10- 001 Waverly Place by Robert Mortensen, Mountain West Entrust IRA/FBO Located at 2510 E. Magic View Drive: Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 4.9 Acres of Land from Office to Medium Density Residential B. Continued Public Hearing from November 18, 2010: RZ 10-004 Waverly Place by Robert Mortensen, Mountain West Entrust IRA/FBO Located at 2150 E. Magic View Drive: Request: Rezone of 5.17 Acres of Land from L-O (Limited Office) to R•8 (Medium Density Residential) Zone Meridian Planning & Zoning December 16, 2010 Page 3 of 12 C. Continued Public Hearing from November 18, 2010: PP 10-003 Waverly Place by Robert Mortensen, Mountain West Entrust IRA/FBO Located at 2150 E. Magic View Drive: Request: Preliminary Plat Approval of 24 Residential Building Lots and 4 Common Lots on 4.9 Acres of Land in a Proposed R-8 Zoning District Rohm: So, with that being said, at this time I'd like to open the public hearing on CPAM 10-001, RZ 10-004 and PP 10-003, all related to the Waverly Place and begin with the staff report. Friedman: Thank you, Mr. Chairman. The applicant has requested that the hearing be continued to January 6th, 2011, for them to continue some work -- they are trying to come to a meeting of minds with the neighbors on that one. Rohm: Oh. Okay. I'm sorry, I wasn't aware of that. What's the date of continuance? Friedman: That would be January 6, 2011. Rohm: Okay. Thank you. Okay. Well, with that being said, then, could I get a motion to continue Items A, B and C to the regularly scheduled meeting of January 6, 2011? O'Brien: So moved. Newton-Huckabay: Second. Rohm: It's been moved and seconded to continue Items A, B and C to the regularly scheduled meeting of January 6, 2011. All those in favor say aye. Opposed? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. D. Public Hearing• AZ 10-003 Borup Property by Neilson, Inc., Located at 2250 N. Meridian Road Request: Annexation and Zoning of 0.22 of an Acre of Land with a C-G Zoning District Rohm: Okay. Well, that went quickly. Okay. The next item on the agenda is AZ 10- 003 for Borup Properties. At this time I'd like to open that public hearing and begin with the staff report. Friedman: Thank you, Mr. Chairman, Members of the Commission. This is a request for the annexation of :22 acres of land located at 2250 North Meridian Road. If will you recall, the neighboring property was the subject of a Conditional Use Permit for a daycare center slash preschool here before the Commission a couple of months ago. During our review of that application it became evident that the area that's outlined in red was not annexed into the city with the bulk of the property owned by Mr. Borup in Meridian Planning & Zoning December 16, 2010 Page 4 of 12 1982. So, in effect, you have this small piece of the remnant property that's sitting there actually with sparking -- part of a parking lot on it for the rest of the property, just hanging out there as a small island of county property, so -- and one of the conditions of approval of that Conditional Use Permit was that the owner get the property annexed into the city within one year of your approval of the Conditional Use Permit. So, Mr. Borup is back before you tonight requesting annexation of this small piece. It is designated mixed use neighborhood in the Comprehensive Plan, so the recommended zoning that would implement that would be C-G, which would be consistent with the bulk of the property. There is really not a lot more to say about this. It's a small irregular piece of property, it certainly cannot stand on its own for development and will in all likelihood be continued to either serve the -- the current building and uses in there or redevelop when the rest of the property redevelops. Staff is recommending approval of this annexation without the need of a development agreement. It would just go forth with the C-G zoning. With that I'd be happy to answer any questions. Rohm: Okay. Thank you. Any questions of staff? Okay. Would the applicant like to come forward, please? Borup: Mr. Chairman, Members of the Commission, my name is Keith Borup, 2090 Freedom Lane in Meridian. The only thing I'd have to -- really don't have much to add, other than maybe a little bit of the history. We had bought the property in 1998 at that time and it consisted of three separate metes and bounds parcels. At the closing statement we paid city tax on this small parcel and we have been paying city tax on it since '98, so we assumed it was part of the city, which seems logical. I think. But after going back and doing some research and finding the history, the owner that annexed this into the city in 1982 did about three acres or so and, then, in 1983 he bought the parcel that we are talking about and apparently the city didn't require him to annex it at the time or something. Anyway, it got overlooked. So, that's what happened. I talked to the county person and asked him how that happened, you know, that I have been paying taxes on it all these years and he said, well, we made a mistake. So, that's -- that's the best explanation he was able to come up with. So, that -- unless there is any other questions, I don't know if there is anymore to add, so -- Rohm: Okay. Thank you, Mr. Borup. Any questions of the applicant? Newton-Huckabay: I have none. Rohm: Okay. Nice to see you, Mr. Borup. Okay. Any discussion? Okay.. Could I get a motion to close the public hearing? O'Brien: Mr. Chair, move to close the public hearing AZ 10-003. Freeman: Second. Rohm: It's been moved and seconded to close the public hearing on AZ 10-003. All those in favor say aye. Opposed? Motion carried. Meridian Planning & Zoning December 16, 2010 Page 5 of 12 MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Mr. O'Brien, would -- Commissioner O'Brien, would you like to make a motion? O'Brien: Sure. After considering all staff, applicant, and public testimony, I move to approve file number AZ 10-003 as presented during the hearing on December 16th, 2010, with no modifications. Freeman: Second. Rohm: It's been moved and seconded to approve the application of AZ 10-003, with no modifications. All those in favor say aye. Opposed? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. E. Public Hearing: MCU 10-003 Fred Meyer Fuel Station Expansion by Fred Meyer Stores, Inc. Located at 1850 E. Fairview Avenue Request: Modify the Site Plan, Landscape Plan and Fuel Canopy Approved for the Fred Meyer Fuel Station Conditional Use Permit (File # CUP 01-005) Rohm: Okay. Thank you. All right. At this time I'd like to open the public hearing on MCU 10-003 for the Fred Meyer fuel station expansion and begin with the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. The subject property is located on the northeast corner of Locust Grove and Fairview Avenue. This property was annexed and zoned in 1995. It's currently developed with a large box Fred Meyer retail store, with an ancillary fuel sales facility. That conditional use approval -- Conditional Use Permit was approved back in 2001, included a 3,600 foot fuel -- basically square footage. It includes a kiosk, five fueling stations, and, then, also included some site improvements, landscaping improvements to the. existing parking lot. Currently all the property surrounding the fuel sales facility is zoned C-G with a mix of commercial uses on the site and around the site. Up in the upper right-hand corner there you can see the -- a small blowup of what the existing site looks like and, then, the overall site plan changes includes -- most of the changes occur to the west side of the site, that way they don't impede the drive aisle that comes off of Fairview there. You could see there is two existing curb cuts as you enter that parking lot from -- for Fred Meyer there. The applicant, with this application is proposing to add -- expand the fuel canopy, that includes approximately 1,462 square feet and, then, add two additional fuel stations that would service four additional vehicles, one on each side, and, then, also the applicant's proposing to remove 54 parking stalls to help -- one, to improve circulation pattern on the park -- within the parking lot and to allow cars that were waiting to fuel to have access to that and not impede folks wanting to get to the retail portion of the. site. We have analyzed this. The applicant's also proposing to remove some of the existing landscaping on the site. I did have Elroy Huff from the parks Meridian Planning & Zoning December 16, 2010 Page 6 of 12 department go out to the site and measure those existing trees. He is in agreement with what the applicant has proposed on the landscape plan. They have indicated that they need to mitigate for 40 inches -- caliper inches of trees and the proposed landscape plan does comply with the ordinance as far as replacing those calipers on site. So, the applicant here -- if you look on the -- the proposed landscape plan here, you can see that they are proposing to remove approximately -- excuse me -- remove six parking islands, again, that exist -- currently exist and, then, 54 stalls and, then, again, they will put four new ones in, which are the ones to the north and, then, there is one also proposed along the south boundary. The applicant's lacking a tree in the southern planter island. Staff has conditioned in the staff report to replace that tree in that island. Did receive an a-mail from the applicant that they concur with that condition of approval and that will be taken care of when they submit for their CZC application. Currently the site is designated commercial on the Comprehensive Plan. That has not changed. Again, this use and current uses on the site were found to comply with that -- with the Comprehensive Plan back in the day. Also, the current requirements, as I just mentioned, with the addition of the tree, all the improvements currently meet the requirements of the UDC. Staff did not receive any comments from the applicant on the application, except for that a-mail. Here are -- here is a copy or a photo of the existing canopy on the site. The expansion will be essentially the same, just expanded a little bit further to the west, again, approximately 1,462 square feet. So, you're looking at a 34- by-43 foot extension on that canopy and, again, two fuel islands. Given the fact that they are just basically expanding the fuel canopy, staff was in agreement with the elevations as proposed, so it will be something similar to what you see there. And, again, staff is recommending approval of that. Staff is -- to staffs knowledge there are no outstanding issues before the Commission tonight and with that I would be happy to answer any questions you may have. Rohm: Thank you. Any questions of staff? Okay. Would the applicant like to come forward, please? And, please, state your name and address for the record. McNeil: My name is Bob McNeil, a planner with Barghausen Consulting Engineers, 18215 72nd Avenue, Kent, Washington. As Bill has filled you in and the plans that you have in there, basically, what we are talking about is an expansion -- about just a little under 1,500 square feet. We will be adding two pumps with four vehicle fueling positions. There will be additional stacking lanes provided with this expansion, which should help reduce any queuing problems, plus with the additional parking spaces that we are removing and we are extending that queuing distance on the north, there should be a major improvement in the queuing on site. As far as the actual structure and the signage, we will be relocating the signs into the new canopy in approximately the same similar location, it will just be moved over to the west. And as Bill indicated, our landscaping will be -- we will mitigate according to the ordinance and we have agreed to include another tree in that landscape island on the south frontage. Rohm: Okay. Thank you very much. Any questions of the applicant? Meridian Planning & Zoning December 16, 2010 Page 7 of 12 O'Brien: I have a quick question, Mr. Chair. Bob, so the egress on the east side of the site for the new the relocation of the pumps, is that aright-in only or is that both ways? McNeil: No. That's both ways. O'Brien: And the one on the west side is one way; right? McNeil: The one on the left, yes, if I recall correctly it is one way. O'Brien: So, that's not going to change. McNeil: No. There is no change to any of the right of way -- existing right of way improvements at all. O'Brien: Okay. Thank you. Rohm: Okay. Any other questions of the applicant? Newton-Huckabay: I have none. Rohm: Okay. Thank you very much McNeil: Thank you Rohm: At this time I'd like to open it up for the public to offer testimony. If there is anybody that would like to testify in this -- for this application, please, come forward at this time. Okay. There is nobody from the audience stepping forward, so could I get a motion to close the public hearing? Freeman: So moved. Rohm: It's been moved and -- O'Brien: Second. Rohm: -- seconded to close the public hearing on MCU 10-003. All those in favor say aye. Opposed? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Any discussion before we move forward? Freeman: Just a comment. I have always thought that was kind of an odd circulation pattern coming in there on that site and with the expansion I'm glad that they are improving the traffic patterns. I think it's a big improvement, like the applicant said. Meridian Planning & Zoning December 16, 2010 Page 8 of 12 Rohm: Yeah. I agree with you a hundred percent. Even though the fuel station will be an expansion, the traffic circulation should be improved. Freeman: Yeah. Rohm: Yeah. I agree with you a hundred percent. Okay. Could I get a motion, please? O'Brien: Mr. Chair, after considering all staff, applicant, I move to approve file number MCU 10-003 and DES 10-047 as presented in the staff report for the hearing date of December 16th, 2010, with no modifications. Freeman: Second. Rohm: Do you want to further direct the staff to prepare the appropriate findings documents? O'Brien: Oh, that's -- yes. To be included -- I further move to direct staff to prepare -- appropriate findings documents to be considered at the next Planning and Zoning Commission on January 6th, 2011. Rohm: Thank you. Freeman: I will still second it. Rohm: Okay. It's been moved and second to forward onto City Council the approval of MCU 10-003. All those in favor say aye. Opposed? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. F. Election of New Officers: Amended onto Agenda. Rohm: Thank you for coming in, folks. Okay. At this time this is the last meeting for the calendar year 2010 and that means we are going to have a changing of the guard and so at this time I'd like to open it up for nominations for the chairman and we will see where we go from there. O'Brien: Mr. Chair, I nominate Joe Marshall as chairman and Scott Freeman as vice- chair. Rohm: We are going to do one at a time. O'Brien: One at a time. Okay. Then, Joe Marshall as chair. Rohm: Okay. Meridian Planning & Zoning December 16, 2010 Page 9 of 12 Newton-Huckabay: Mr. Chair, I'd like to nominate Scott Freeman as chair. Rohm: And I will second that nomination. We have one nomination that has received a second and one nomination that did not. So, at this time I'd like to call for a vote of confidence for Mr. Freeman. All those in favor say aye. Opposed? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Commissioner Freeman, you will be our new chairman. Freeman: Thank you. Rohm: At this time I'd like to open it up for vice-chairman. Could I get a nomination? Newton-Huckabay: I'd like to nominate Joe Marshall for vice-chair. Freeman: Second. O'Brien: Second. Rohm: Okay. It's -- there has been a motion to nominate Joe Marshall as vice- chairman and a second. Any other nominations? I move that the nominations be closed. All those in favor say aye. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Okay. All those in favor of Joe Marshall as vice-chairman, please, signify by saying aye. Opposed? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. G. Tribute to Commissioner Wendy Newton-Huckabay - Amended onto the Agenda. Rohm: End of elections. Thank you very much. Okay. The last item on the agenda for me tonight is -- Newton-Huckabay: Can I just add that I.wanted to slink away quietly. Rohm: Well -- and, Chairman Newton-Huckabay, I knew that and so that's why specifically added this next item to the agenda. Commissioner Newton-Huckabay has been on the Planning and Zoning Commission now for (believe -- Newton-Huckabay: Seven years. Meridian Planning & Zoning December 16, 2010 Page 10 of 12 Rohm: -- about seven years. This last year I had to twist her arm to request her to stay an additional year and I am very proud to have served with her for these seven years and I have to say that she has opened my eyes on a number of issues throughout her tenure and I believe that each of us have been enlightened by her service to the city and I will miss her on this Commission a great deal and I believe the city will. She's just done a great job and that's what I have to say and so I will leave it with that and if anybody else has something to add this is that time. Freeman: Well, I have only served with Wendy a short time, but -she's partially responsible for bringing me on as a Commissioner. I thank you for that and for encouragement that she's offered along the way. I have enjoyed working with her. Rohm: Okay. Thank you, Commissioner Freeman. Newton-Huckabay: Thank you. O'Brien: I just have to say I have learned so much, I wish she was going to be around awhile longer just because of that and I really appreciate all your -- your candid comments and appreciation for the work you do and I really admire you for your insight and intuition to things that we have gone through. So thank you. Newton-Huckabay: Thank you. I appreciate that. Nary: Mr. Chairman? Mr. Chairman, Commissioners, I have had the privilege of sitting here a number of times over the last six years and I have said this to Commissioner Newton-Huckabay a number of times, I was here when she first started and I know she felt many times not really equipped for what goes on at the P&Z level, it's just a different -- it's a different skill set than a lot of the commissions that we have in the city and I know at first she felt pretty challenged by that and I told her every time, you know, it was such a good addition to this group, because so often the folks that sit in these chairs are very engaged in the development industry in some fashion, whether it's in the real estate side, whether it's the development, it's the building, and it's really nice to have people that sit on this panel that are here to speak for just the people that live in a neighborhood or the people that live in the community that don't necessarily have that -- that expertise in the industry, but have the perspective of just the citizens in our community and Commissioner Newton-Huckabay always brought that to this group and think that's a very vital part of how this group and, then, the City Council that gets the recommendations from this group gets the best decisions and the best things for the community is to have that mixture and I just want to say, again, to Wendy that you have been such an excellent addition here and I appreciate what Commissioner O'Brien said, candid is probably the nicest way to put it. She's always very candid, very frank, very up front, and that's a great addition again. So, you have been a great service to our community and to our city by being in this roll for the last seven years and I just want to say thank you as well. Newton-Huckabay: Thank you very much. Meridian Planning & Zoning December 16, 2010 Page 11 of 12 Rohm: Okay. With that being said, unless Wendy has some comments that she'd like to make in parting -- Newton-Huckabay: I would like to say one thing. I know at my day job, so to speak, one of the running jokes in the office is the nice thing about Wendy is you know exactly what's on her mind and the worst thing about Wendy is you know exactly what's on her mind and so I like -- I'm pleased to know that carried through to this job. This has been a -- sometimes a very frustrating .position to be in, because you're kind of -- I don't know if I can say this, but damned if you do, damned if you don't it feels like sometimes and -- and there is always going to be somebody who is not going to get what they want and you have to try to make decisions without that emotion involved in it and -- but at the end of the day I feel like -- especially the early years when development was so -- just -- you know, just fast and furious and we were here until 1:00 or 2:00 o'clock in the morning and I think it's fitting that Mr. Borup is sitting in the audience tonight. And I feel like we did good work and when I drive around the city I'm like, you know, I was a part of that and it was a crazy time and I'm glad to know that I hopefully contributed. Thank you. Rohm: Absolutely you did. Any other additional comments? Friedman: Well, of course, from the staffs perspective we appreciate the work of all our Commissioners and Commissioner Newton-Huckabay will be missed and, you know, in the couple years I have had the pleasure of working with you and for you, have certainly appreciated the insights you bring and the questions you bring and certainly will miss you. And before you slink out of here tonight, we are going to slink into the conference room over there, we just have a couple of light refreshments, you know, we thought we might take a few minutes to kind of -- Newton-Huckabay: That's very nice. Friedman: -- help you on your way. The only other thing, Mr. Chairman, if I might add, just wanted to remind the Commissioners of the joint meeting with the City Council on Tuesday night where we are going to unveil the reformatted Comprehensive Plan. The meeting is scheduled to start at 6:00 o'clock, although we have scheduled a little business for Council before that, so if you were to arrive at 6:15, even 6:20, you would probably be fine. Rohm: Okay. Thank you very much, Mr. Friedman. Pete. Okay. With that could I get a motion to adjourn? Newton-Huckabay: I'd like to make that motion. Rohm: Please do. Newton-Huckabay: I'd like to move that we adjourn. Meridian Planning & Zoning December 16, 2010 Page 12 of 12 Freeman: Second. Rohm: It's been moved and seconded to adjourn. All those in favor say aye. Opposed? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Thank you all for coming in. Pete, thank you for your comments. MEETING ADJOURNED AT 7:28 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APP r ~ ~ ~ ~ ~~ AIR DATE APPROVED ATTEST: JAYCEE L. HOLMAN, CITY CLERK ~~~~~~""""'~~~,,, ~,•~~y OF MER/p ~' %, ~tPOR,q T ~' ~• ~~' F~ ~~~~ = n~ U~lTY