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2011 10-06E IDIAN~- MERIDIAN PLANNING AND ZONING IDAHO COMMISSION MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, October 06, 2011 at 7:00 p.m. 1. Roll-call Attendance X Tom O'Brien _X Steven Yearsley X Michael Rohm _X Joe Marshall X Scott Freeman -Chairman ~. Adoption of the Agenda Approved as Amended 3. Consent Agenda A. Approve Minutes of September 15, 2011 Planning and Zoning Commission Meeting Approved 4. Action Items A. Continued Public Hearing from September 15, 2011: RZ 11-004 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8 Zoning District to the R-15 Zoning District Continue Public Hearing to October 20, 2011 B. Continued Public Hearing from September 15, 2011: PP 11-007 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 148 Residential Lots and Twelve (12) Common Lots on 28.2 Acres in an Existing R-8 Zone and a Proposed R-15 Zone Continue Public Hearing to October 20, 2011 C. Public Hearing: CUP 11-004 Scentsy Campus North Phase III - Office Tower by CTA Architects Engineers Located on the Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Conditional Use Permit Approval to Exceed the Maximum Building Height Allowed in the C-G Zoning District from 65 Feet to 82 Feet Approved -Prepare Findings Meridian Planning and Zoning Commission Meeting Agenda -Thursday, October 06, 2011 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Public Hearing: CUP 11-005 Medimont Martial Arts Studio by Forge, LLC Located at 149 S. Adkins Way Request: Conditional Use Permit Approval to Operate an Indoor Recreation Facility from an Existing Building in an I-L Zoning District Approved -Prepare Findings E. Public Hearing: CUP 11-006 Northpointe Capital Educators Credit Union by Capital Educators Credit Union Generally Located on the Northwest Corner of W. McMillan Road and N. Linder Road Request: Conditional Use Permit for aDrive-Thru Establishment within 300 Feet of a Residential District Approved -Prepare Findings Meeting Adjourned at 7:35 p.m. Meridian Planning and Zoning Commission Meeting Agenda -Thursday, October 06, 2011 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Planning and Zoning Meeting October 6, 2011 Meeting of the Meridian Planning and Zoning Commission of October 6, 2011, was called to order at 7:00 p.m. by Chairman Michael Rohm. Members Present: Chairman Michael Rohm, Commissioner Joe Marshall, Commissioner Scott Freeman, Commissioner Steven Yearsley and Commissioner Tom O'Brien. Others Present: Machelle Hill, Ted Baird, Pete Friedman, Sonya Watters, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Michael Rohm X Tom O'Brien X Steven Yearsley X Joe Marshall X Scott Freeman -Chairman Freeman: Okay. Well, good evening, ladies and gentlemen. At this time I'd like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning Commission for this date of October 6th, 2011. Machelle, could we begin with roll call. Item 2: Adoption of the Agenda Freeman: Thank you. Okay. The first thing we need to do is adopt the agenda. But first I need to make everybody aware of two changes to the agenda. Items 4-A and 4-B having to do with Chesterfield will be opened tonight solely for the purpose of continuing them to the October 20th meeting at the -- the applicant's request. So, if you are here tonight to testify on that one or listen to it, it's not going to be heard tonight, we are going to continue it until the 20th. We will see you then. The second change to the agenda is the Item 4-C, Scentsy Campus North, Phase Three Office Tower, CUP 11-004. We are going to move that item to the end of the agenda this evening. So, with those changes are there any others? I don't believe so. Could I get a motion? Rohm: So moved. Marshall: So moved. O'Brien: Second. Freeman: Okay. It's been moved and seconded to adopt the agenda as amended. All those in favor say aye. Opposed? Motion carried. MOTION CARRIED: ALL AYES. Meridian Planning & Zoning October 6, 2011 Page 2 of 16 Item 3: Consent Agenda A. Approve Minutes of September 15, 2011 Planning and Zoning Commission Meeting Freeman: Okay. The next item on the agenda is the approval of the Consent Agenda. Tonight we just have one item on the Consent Agenda, consisting of the approval of the minutes of September 15th, 2011, Planning and Zoning Commission meeting. Could I get a motion? O'Brien: So moved. Yearsley: Second. Freeman: Okay. It's been motioned and seconded to approve the Consent Agenda. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED : ALL AYES. Item 4: Action Items A. Continued Public Hearing from September 15. 2011: RZ 11-004 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8 Zoning District to the R-15 Zoning District B. Continued Public Hearing from September 15, 2011: PP 11-007 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black eat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 148 Residential Lots and Twelve (12) Common Lots on 28.2 Acres in an Existing R-8 Zone and a Proposed R-15 Zone Freeman: Okay. The first thing we are going to do is open the public hearing for RZ 11-004 and PP 11-007, again, for the sole purpose of continuing it to the October 20th meeting. Could I get a motion? O'Brien: So moved Marshall: Second. Freeman: Okay. I have a motion and a second to continue RZ 11-004 and PP 11-007 to the next Planning and Zoning Commission meeting on October 20th. All those in favor say aye. Opposed? Motion carries. Meridian Planning & Zoning October 6, 2011 Page 3 of 16 MOTION CARRIED: ALL AYES. D. Public Hearing: CUP 11 "()05 Medimont Martial Arts Studio by Forge, LLC Located at 149 S. Adkins Way Request: Conditional Use Permit Approval to Operate an Indoor Recreation Facility from an Existing Building in an I-L Zoning District Freeman: Okay. With that we will open the next item on our agenda, which will be CUP 11-005 for the Medimont Martial Arts. Before we continue with the staff report, I just want to -- for those of you in the audience for your sake explain how this process is going to work. We will open each of the items on the agenda. First we will hear the staff report. They will report on how the application compares with the Comprehensive Plan and Uniform Development Code. And, then, the applicant will be given 15 minutes to speak to the application. After the applicant speaks, then, anybody wishing to offer public testimony will be given three minutes to come to the podium and speak on the item, too. There are sign-up sheets in the back, so if you're planning on speaking it would be helpful if you were to sign up for that item in the back. Even if you're not, though, I will ask if there is anybody else in the audience when we are done with the sign-up sheets that would like to testify and we will take your testimony for three minutes. After public testimony the applicant will have a chance for ten minutes to come back up and respond. Then we will close the public hearing. The Commissioners will deliberate and we will, hopefully, come out with a decision on each item. Okay. So, with that we now have CUP 11-005, Medimont Martial Arts open and could we have the staff report. Friedman: Thank you, Mr. Chairman, Members of the Commission. As the chairman had indicated, this is a Conditional Use Permit to operate an indoor martial arts studio in an I-L zone. The property was annexed to the city in 1997, zoned I-L, light industrial, and is subject to a development agreement. Essentially what this is is a change in use in one of the tenant spaces in an industrial district. The UDC identifies indoor recreation and entertainment as a conditional use in the district. There is no changes to the site proposed. It's fully developed, fully landscaped, the parking is all there, it's just there before you tonight because of the necessity to obtain a Conditional Use Permit. The classes are going to range in size from 12 to 15 students and the hours of operation are proposed to occur between 5:00 p.m. and 9:30 p.m., Monday through Friday. 9:30 to 3:00 p.m. on Saturdays. Then, they offer additional classes from mid morning to early afternoon during the week. However, due to the size of the class and the operational -- the hours of operation and the number of parking spaces there, we don't foresee any impact on the existing parking or on any of the adjacent uses. There are specific standards that are subject to -- they are subject to that are contained in the UDC, but those would be reviewed at the time of the CZC as required -- or as applied for. So, essentially, there is not a whole lot of the special conditions that we need to attach to this. We have recommended approval subject to them obtaining the CZC and making sure that they are compliant with the specific use standards. We have had a communication from the applicant. They have reviewed the staff report, the proposed Meridian Planning & Zoning October 6, 2011 Page 4 of 16 recommendation and conditions and they are in full agreement. So, with that I would be happy to answer any questions or wait until you have heard from the applicant. Freeman: Thank you. Commissioners, any questions of staff? O'Brien: No. Marshall: I have none. Okay. Would the applicant like to come forward? And, please, state your name and address for the record when you reach the podium. Peterson: I'm sorry. State my name and what? Freeman: Your name and address for the record. Peterson: Okay. My name is Chris Peterson and address being -- physical address? Freeman: Yes. Peterson: 11762 West Allcott in Boise, Idaho. 83709. Address for the business is 149 South Atkins. Freeman: Okay. Thank you. Peterman: I didn't really come prepared with anything other than what's been said. We don't plan on doing anything to the place, other than just operating out of there. They are several other businesses, dance studios, gymnastics, things like that in the area and we just think it's a really good place to be. Any questions I'm definitely happy to -- Freeman: Which martial art are you teaching? Peterson: We teach Soshin Ryu, which is a Japanese Jujitsu and it's aself-defense emphasis. We will be teaching everybody from kids to -- as old as anybody that wants to come and participate, as well as having ongoing women's self defense classes, seminars, things like that. Freeman: Okay. Any other questions? Yearsley: Have you talked to the other tenants on either side of you about the -- your -- what you're wanting to do? Peterson: I haven't. I haven't had the chance to meet any of the other tenants. I know that two out of the five spaces in the building that we are in are vacant, so the -- actually, the two directly next to us will be vacant and, then, there is two more on either side, but I haven't had a chance to meet any of the other tenants. Yearsley: Okay. Meridian Planning & Zoning October 6, 2011 Page 5 of 16 Freeman: Okay. Thank you very much. Peterson: All right. Thank you. Freeman: Anybody in the audience wishing to offer some public testimony on this item? Okay. Well, with that I don't guess there is any need for you to come back up and defend your application, so we will go ahead. Could I get a motion to close the public hearing. Marshall: Mr. Chair? Freeman: Commissioner Marshall. Marshall: I move that we close the public hearing on CUP 11-005. O'Brien: So moved. Freeman: Okay. I have a motion and a second to close the public hearing on the item that I have just lost. Here it is. CUP 11-005. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Freeman: Okay. Any discussion? O'Brien: Good fit, Mr. Chair. I think it's a fine opportunity for a lot of people in this area to have something like that. I think it's a good idea. Freeman: Thank you, Commissioner O'Brien. Anybody else? Yearsley: I have none. Rohm: Nada. Freeman: Well -- Marshall: I'm happy to see growth and things happening within the city and I'm excited to see this go forward. Freeman: Okay. Can I get a motion, then, in that case? Rohm: Mr. Chairman. After considering staff, applicant, and lots of public testimony, move to approve file number CUP 11-005 as presented in the staff report for the hearing date of October 6, 2011, with no modifications. I further move to direct staff to Meridian Planning & Zoning October 6, 2011 Page 5 of 16 Freeman: Okay. Thank you very much. Peterson: All right. Thank you. Freeman: Anybody in the audience wishing to offer some public testimony on this item? Okay. Well, with that I don't guess there is any need for you to come back up and defend your application, so we will go ahead. Could I get a motion to close the public hearing. Marshall: Mr. Chair? Freeman: Commissioner Marshall. Marshall: I move that we close the public hearing on CUP 11-005. O'Brien: So moved. Freeman: Okay. I have a motion and a second to close the public hearing on the item that I have just lost. Here it is. CUP 11-005. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Freeman: Okay. Any discussion? O'Brien: Good fit, Mr. Chair. I think it's a fine opportunity for a lot of people in this area to have something like that. I think it's a good idea. Freeman: Thank you, Commissioner O'Brien. Anybody else? Yearsley: I have none. Rohm: Nada. Freeman: Well -- Marshall: I'm happy to see growth and things happening within the city and I'm excited to see this go forward. Freeman: Okay. Can I get a motion, then, in that case? Rohm: Mr. Chairman. After considering staff, applicant, and lots of public testimony, I move to approve file number CUP 11-005 as presented in the staff report for the hearing date of October 6, 2011, with no modifications. I further move to direct staff to Meridian Planning & Zoning October 6, 2011 Page 7 of 16 finally, in our review of the site plan we noted that the drive aisle and location of the ATM didn't comply with the specific standards. However, that's not a fatal flaw. We can get those -- we wouldn't issue a certificate of zoning compliance if they didn't provide us with a plan that complied with the specific use standards for drive-thrus and ATMs. So, we don't feel that it's an issue for the Commission, but we do want to make sure that it's conditioned that when they do submit the CZC that they comply with the specific use standards for drive-thrus and ATM's. This is just a sample elevation of another one of their existing banks of -- I can't tell you exactly what this one will look like, but it probably will look something similar. And, again, that will be reviewed and approved through the administrative design review process. So, in conclusion, we recommend approval subject to the conditions contained in your staff report. The applicant has communicated with us that they are in full agreement with the staff recommendation and conditions. And with that I would be happy to answer any questions. Freeman: Thank you, Pete. Any questions of staff? Yearsley: No. Freeman: Commissioner O'Brien? O'Brien: Pete, so can you clarify that the number of aisles that this -- I didn't catch that. How many lanes are going to be on this site? Pete: I believe there will be one drive aisle in the lane here and as you will see there will be room for three kiosks or whatever they meet, but the issue we have is due to the length of the drive-thru lane, being over 100 feet. They don't have an escape lane provided, so we have worked with the architect and he said that's not a problem, they can kind of reengineer this so that we can accommodate the escape lane. O'Brien: Okay. The escape lane -- lanes would be the far outside; right? Friedman: Yeah. They are going to -- they are just going to take a look at it to make sure that if somebody gets into the line and the queue and decides it's too long a wait they can get out, they don't have to back out. O'Brien: Especially since there is like four lanes all together. Friedman: Right. Well, again, as you see, you would come in over here and, then, you would go into -- under the covered canopy to get to the -- the tubes and the teller and that sort of thing. I don't know exactly what his design solution is. He is here tonight. He's probably the best one to answer that. Again, Commissioner, if they submit a CZC, if it doesn't comply with -- the standards for the escape lane is not provided, we are not going to approve the CZC. O'Brien: Okay. Thank you. Meridian Planning & Zoning October 6, 2011 Page 8 of 16 Friedman: You're welcome. Freeman: Any other questions? Okay. Would the applicant like to come forward. And, please, state your name and address for the record. Slichter: Chad Slichter. Slichter Architects, 6611 Ustick, Boise. We are prepared to present, but if -- we are not aware of any neighbors or anybody that is against this, so if there is any questions -- and I can clarify I guess on the drive-thru. It's a single lane going in, but it splits out into three lanes. The ATM will be at the building and there will be two drive-thrus and, then, we just didn't have a bypass based on the prior layout, trying to get things worked around there, but we can reorient the building and gain another 12 foot drive aisle to -- for a bypass. So, we will stack up in a single lane, but as you get around the edge of the building you just split out into the -- the drive-thru. You can actually go around the end. O'Brien: So, there is going to be two entrances, one on McMillan and the other off of -- don't know if there is a street there -- between Lot 4 and Lot 2. Freeman: Linder. Slichter: Yeah. Those are existing. Yeah. And we don't -- the purpose in the Conditional Use Permit going through with alimited -- I guess design at this point -- Capital Educators actually does not own the property, they wanted to confirm that the drive-thru would be approved prior to purchasing. No reason to buy a piece of property that they can't build on. So, it's not even split at this point and that's one of the conditions that the plat would have to be split to gain this sliver of property against -- against Linder. So, full design will come back through for design review and do the CZC as Pete's indicated. O'Brien: So, were there any town meetings with anybody -- Slichter: Yeah. We did have a neighborhood meeting. Actually, we had a handful of people there, but it was all on the seller's side, the buyer's side, and one neighbor on the southeast corner -- so across Linder and McMillan, who owns that corner. He showed up and he was for, obviously, because his property is empty and he was wanting to see some development in order to get his moving forward as well, so -- O'Brien: So, the speakers on the drive-thru -- I'm not familiar with that versus a fast food restaurant, for instance. They seem to be somewhat louder, but Ihaven't -- Slichter: Yeah. We don't -- anymore the -- the ATM -- the remote teller systems, the speakers aren't really cranked up and there is -- it's a screen and everything right there, so there is usually not a big problem and, actually, the speaker will be facing back towards the intersection in this particular layout, so it won't be projecting toward the neighbors. Meridian Planning & Zoning October 6, 2011 Page 9 of 16 O'Brien: Thank you. That's all I have. Freeman: Any other questions? Okay. Thank you. Slichter: Thank you. Freeman: I don't have anybody signed up to offer testimony on this. Is there anybody in the audience that would like to? Okay. With that, could I get a motion to close the public hearing? Yearsley: So moved. Marshall: Second. Freeman: I have a motion and a second to close the public hearing on CUP 11-006, Northpointe Capital Educators. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Freeman: Discussion? Marshall: Mr. Chair? Freeman: Commissioner Marshall. Marshall: Being somebody that lives fairly close by, I'm for this. It's right across the street from a Walgreens that I like to use. It's -- there is not a lot of shopping. The nearest banks are miles away and it would be nice to have some -- some facilities close by to this area. And it's actually fairly distant from the residences. I think that's probably why they didn't have anybody showing up and everybody understands that's going to go commercial and a bank usually uses banker hours and it's not keeping people up during their barbecue time or at night and would probably be a pretty good neighbor. So, I'm for it. Freeman: Thank you. Anyone else? O'Brien: I agree with that, Mr. Chair. It's a good fit for that area. If I had any concern it would be the egress into it and, hopefully, they can work that out, and if they have to, according to the UDC, so I'm not worried about that. Freeman: All right. Well, with that could I get a motion on this item? Marshall: Mr. Chair? Freeman: Commissioner Marshall. Meridian Planning & Zoning October 6, 2011 Page 10 of 16 Marshall: After considering all staff, applicant, and public testimony, I move to approve file number CUP 11-006 as presented in the staff report for the hearing date of October 6th, 2011, with no modifications. I further move to direct staff to prepare an appropriate Findings document to be considered at the next Planning and Zoning Commission hearing on October 20th, 2011. O'Brien: Second. Freeman: Okay. I have a motion and a second for approval of CUP 11-006, Northpointe Capital Educators Credit Union. All those in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: ALL AYES. C. Public Hearing: CUP 11-004 Scentsy Campus North Phase III .. Office Tower by CTA Architects Engineers Located on the Southwest Corner •of E. Pine Avenue and N. Eagle Road Request: Conditional Use Permit Approval to Exceed the Maximum Building Height Allowed in the a-G Zoning District from 65 Feet to 82 Feet Freeman: With that I want to open the public hearing on CUP 11-004, Scentsy Campus North, Phase III -Office Tower. Before we go any further with the staff report, though, for the record I have to let everybody know that I am employed by a construction company that does a lot of work for Scentsy, so I'm going to have to recuse myself from the remainder of this hearing. Commissioner Marshall will take over as chair from this point forward. So, with that, thank you, everybody. Marshall: Thank you, sir. All right. At this time I would like to open the hearing for CUP 11-004 for the Scentsy Campus and ask for the staff report. Wafters: Thank you, Chairman Marshall, Members of the Commission. The next application before you is a Conditional Use Permit request to exceed the maximum building height allowed in a C-G zoning district. The site consists of 35.35 acres of land. It's currently zoned C-G and is located on the southwest corner of East Pine Avenue and North Eagle Road. Adjacent land uses and zoning. To the north are the Blue Cross of Idaho offices, zoned I-L. To the east is Jackson's convenience store and gas station, zoned C-G. To the south is another part of the Scentsy Campus where offices, manufacturing, warehouse, wax storage and facilities maintenance buildings are located, zoned L-O. And to the west is vacant commercial property, zoned C-G. The applicant proposes to construct a five story office building, with a maximum building height of 82 feet. The UDC allows a maximum building height of 65 feet in a C-G zoning district. The UDC does allow for the director to approve additional height not to exceed 20 percent through the alternative compliance process when the development provides ten percent of the building square footage in open space and/or other amenities. An additional 20 percent would allow a building height of 78 feet. Because Meridian Planning & Zoning October 6, 2011 Page 11 of 16 the applicant requests a maximum building height of 82 feet, four feet above that allowed to be approved by the director, a Conditional Use Permit is required. Adequate usable open space and amenities are proposed on the site for the employees and/or patrons of the structure as required with the request for an increase in building height. The applicant has submitted a site plan that shows the location of the proposed structure central to the development. The fire department has requested some changes to the site plan, which will be reviewed at the time of certificate of zoning compliance submittal. Staff finds the additional building height requested should not adversely affect other properties in the vicinity, because a majority of the surrounding uses are facilities owned by the applicant and part of an overall campus plan. In addition, the use of the building as an office tower is consistent with nearby uses, such as the Blue Cross office complex to the north. The Comprehensive Plan future land use map designation for this property is mixed use regional, which is consistent with the applicant's proposal. Written testimony has been received from Sam Johnson, the applicant, in agreement with the staff report. Staff is recommending approval of the request, with the conditions of approval listed in Exhibit B. Staff will stand for any questions the Commission may have. Marshall: Commissioners? Rohm: I have no questions. Yearsley: I have none. O'Brien: I have a question, Mr. Chair, if you will. Sonya. So, how high are the buildings across the road at the Blue Cross? Wafters: I have no idea, Commissioner O'Brien. I assume that they would comply with the building height in the I-L district. Friedman: Right. Commissioner O'Brien, the Blue Cross buildings themselves are two stories. However, I can't give you the precise measurement on the height, because we measure height to the middle of the roof as defined in the building code. So, it's conceivable that the height is actually -- the building is actually higher than the permitted height, because of the way we measure it, but -- is that C-G across the street? Wafters: I-L. Friedman: It's I-L. Wafters: Where Blue Cross is. Friedman: Where Blue Cross is? I-L is 35? Should be. They are probably 35 at least. O'Brien: Okay. I have other questions, but I think I'm going to wait until I hear from the applicant. Meridian Planning & Zoning October 6, 2011 Page 12 of 16 Marshall: All right. I'd like to ask the applicant up and, please, state your name and address for the record. Hersel: I'm Josh Hersel with CTA Architects Engineers. Physical address 1372 North Echo Creek Place, Eagle, Idaho. 83616. Just to clarify, it's actually a six story building. It's five stories above ground with one story below that's a basement day lit on the south side. To get the height we need for the extra story is why we are getting the other four feet. All of the other office towers, Portico, they are above, actually, this 82 foot height in the same zoning, just right up the road. So, we are really not trying to do anything different than what's there. To get the ten percent open, to go up to 78 feet, we are actually providing 67 percent open space, compared to the floor plan, so it's a lot more open space versus the buildings that are going to be on the campus. Marshall: Commissioners, any questions? O'Brien: Yeah. Mr. Chair? Marshall: Commissioner O'Brien. O'Brien: So, just -- so, you're providing more open space and justifying that to the height -- for the height. If you didn't get the height you would have less open space, but still be in compliance with the UDC? Hersel: We would still have the same amount of open space. O'Brien: You still would? Hersel: Yeah. We wouldn't be changing any amount of the open space that's there. We could have done from that site plan -- I mean we could have cut it back by 60 percent of what's there to get -- still to get within the allowed ten percent mark. O'Brien: And exactly what use will you get out of that extra four feet again? Hersel: Another floor out of the building. O'Brien: Another floor? Hersel: Another floor out of the building. O'Brien: That's all I have. Marshall: Thank you, sir. All right. I'd like to call Joshua Hersel from the audience. Oh, that was -- he's already spoke. And Mr. Sam Johnson. And from the audience he declines. So, I guess the applicant doesn't have to come up and rebut his own testimony, so, Commissioners, can I get a motion to close the public hearing? Meridian Planning & Zoning October 6, 2011 Page 13 of 16 Rohm: So moved. O'Brien: Second. Marshall: It's been moved and seconded to close the public hearing on CUP 11-004. Those in favor say aye. And opposed? Motion carries. MOTION CARRIED: ALL AYES. Marshall: All right. Commissioners, thoughts? Rohm: Chairman Marshall, my only comment on this is it looks like this company has been a very good participant with the city over a number of years and have done a great job keeping things going in a positive direction and I'm in full support of this Conditional Use Permit. O'Brien: Mr. Chair? Marshall: Commissioner O'Brien. O'Brien: I just have a concern of setting precedence. It sounds like we already had one started, if it's true what he says that there is other buildings already at that 82 foot height. Friedman: Mr. Chairman, Members of the Commission, we do have taller buildings, again, as the applicant's architect cited. Portico, they are a fairly high building. You know, this is the Pine Bridge development. It was anticipated to be a fairly dense commercial area. The C-G zone does allow for -- has a maximum height limit of 65 feet. As the staff report indicated, the director has the ability to allow that to go up another 20 percent with the provision of ten percent open space. So, really, the only reason they are here before you tonight is for four feet and, you know, I think in recognition of Meridian as an evolving city, distinct city with a business base, as well as a residential base and, hopefully, the creation of jobs, we are anticipating not only here, but in other areas appropriately zoned for taller buildings in the city in the future and so even though it's not quite as tall, just down the road you will notice we now have the PKG going up -- again, it's not going to be as tall as this, but it -- you know, you're taking a flat, undeveloped piece of property and now we are starting to go vertical and so -- O'Brien: Thank you. I agree. I think that area -- if it was any other area it may not be a good fit, but this is going to be such a complex that, yeah, I think that this would be acceptable in my eyes. I just want to make sure we have the right reasons for that. So, if anybody comes along, hey, you know, they get this and we did that, we want to make sure it's on the record that -- the reasons why. Friedman: Sure. Meridian Planning & Zoning October 6, 2011 Page 14 of 16 O'Brien: That's all I have. Thank you. Yearsley: I have one question. And I guess it doesn't -- it somewhat applies to this. Was there a reason the 65 feet for this zoning -- I mean just so -- where that came from and how that works. Friedman: Thank you, Commissioner Yearsley, Members of the Commission. I can't answer that. At some point when the UDC was developed back in 2005, the C-G zone is intended to be -- I take that back. Is intended to be one of our most intense districts in the city. The C-G zoning is what you will find around the Eagle Road interchange, Meridian Road interchange, you have St. Luke's in C-G zoning. We do have some zoning out at Ten Mile now that is as intense, but that's fairly recent. So, I think the thinking was in those days -- this is going to be the most intense zone, this is going to be the one where we really are going to try to put some of our mixed uses and some of our -- some of our major employers and so I think, you know, if you want to do that, you don't do that with a 35 foot height limit that you find in like your office zones and things like that. Yearsley: Okay. Well, actually, I'm in favor of taller buildings, so I was just curious why the limited on the 65 versus not making that taller. Friedman: Again, Ican't -- you know, there was a legislative intent there that I was not privy to, it was before my time. Yearsley: Thank you. Marshall: Could lask -- could it possibly have had anything to do with not having a tall enough fire truck at the time and ladder trucks and the like and the ability to put out tall fires? Friedman: That could be and Sonya has just informed me -- because she's been with the city a lot longer than I have, that, actually, that 65 foot height limitation goes all the way back to 1993. Marshall: I do believe here a few years ago we acquired a truck that would allow us to fight fires at a much higher height than what we have had in the past. Friedman: That's true, Commissioner. In fact, one of the things we are finding that they are even using it for one story buildings. The recent fire at Taco Time was a good example where the chief was telling me that because of the nature of that fire they couldn't access the roof with personnel, because the roof was burning and they couldn't put any fire people up there, so they brought the big truck over and they were able to suppress it from the boom. Meridian Planning & Zoning October 6, 2011 Page 15 of 16 Yearsley: Good. No. I'm in favor of the project. I think it's a great fit and look forward to see it being built. Marshall: Well, my comments -- I am very excited to see this happen. I think it's going to be a beautiful campus and I think it's a great addition to the city and I'm very excited to see this area grow, as it appears to be doing, and I think this, hopefully, will promote more similar growth within that area. So, Commissioners, could I get a motion? O'Brien: Mr. Chair? After considering all staff and applicant and public testimony, which there wasn't any, I'd move to approve file number CUP 11-004 as presented in the staff report for the hearing date of October 6th, 2011, with no modifications. I further move to direct staff to prepare an appropriate findings document to be considered in the next Planning and Zoning Commission hearing on October 20th, 2011. Yearsley: I will second that. Marshall: I have a motion and a second to approve file number CUP 11-004. All those in favor say aye. Those opposed? Motion carries. MOTION CARRIED: ALL AYES. Marshall: Gentlemen, I believe we have one more motion. Yearsley: I make a motion to adjourn. O'Brien: Second. Marshall: It has been moved and seconded to adjourn. Those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Marshall: We are adjourned. MEETING ADJOURNED AT 7:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) Meridian Planning Zoning Commission Meeting DATE: October 6, 2011 ITEM NUMBER: 3A PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 15, 2011 Planning and Zoning Commission Meeting MEETING NOTES ~PG~~ 0 ~I~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: October 6, 201 ~ ITEM NUMBER: 4A PROJECT NUMBER: RZ 11-004 ITEM TITLE: Chesterfield Continued Public Hearing from September 15, 2011- Rezone of 1.48 acres of land from the R-8 zoning district to the R-15 zoning district by Liberty Development, Inc. - s/side of W. Pine Avenue; midway between N. Black Cat Road and N. Ten Mile Road MEETING NOTES ~'S~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: October 6, 2011 ITEM NUMBER: 4g PROJECT NUMBER: PP 11-007 ITEM TITLE: Chesterfield Continued Public Hearing from September 15, 2011 -Preliminary Plat approval of 148 residential lots and 12 common lots on 28.2 acres in an existing R-8 and a proposed R-15 zone by Liberty Development - s/side of W. Pine Avenue; midway between N. Black Cat Road and N. Ten Mile Road MEETING NOTES -~~~-, b-+~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: October 6, 2011 ITEM NUMBER: L~C PROJECT NUMBER: CUP 11-004 ITEM TITLE: Scentsy Campus North Phase III -O~ce Tower Public Hearing- Conditional Use Permit approval to exceed the maximum building height allowed in the C-G zoning district from 65 feet to 82 feet by CTA Architects Engineers - SWC of E. Pine Avenue and N. Eagle Road MEETING NOTES ~e~~ -t -o CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: October 6, 2011 ITEM NUMBER: 4.~ PROJECT NUMBER: CUP 11-005 ITEM TITLE: Medimont Martial Arts Studio Public Hearing -Conditional Use Permit approval to operate an Indoor Recreation Facility from an existing building in an I-L zoning district by Forge, LLC - 149 S. Adkins Way MEETING NOTES gyp -~` -~ 1'Y1~2. / 7~'1 CLERKS OFFICE. FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: October 6, 201 ~ ITEM NUMBER: 4E PROJECT NUMBER: CUP 11-006 ITEM TITLE: Northpointe Capital Educators Credit Union Public Hearing -Conditional Use Permit approval for adrive-thru establishment within 300 feet of a residential district by Capital Educators Credit Union - NWC of W. McMillan Road and N. Linder Road MEETING NOTES f~~~~-' p~p~ ~~n~ ~~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS