2012 03-15Meridian Planning and Zoning Meeting March 15, 2012
Meeting of the Meridian Planning and Zoning Commission of March 15, 2012, was
called to order at 7:00 p.m. by Chairman Scott Freeman.
Present: Chairman Scott Freeman and Commissioner Tom O'Brien, Commissioner
Michael Rohm and Commissioner Joe Marshall.
Members Absent: Commissioner Steven Yearsley.
Others Present: Machelle Hill, Ted Baird, Pete Friedman, Sonya Wafters, Brian
McClure, Bruce Chatterton and Dean Willis.
1: Roll-Call Attendance:
Roll-call
Steven Yearsley X Tom O'Brien
X Michael Rohm X Joe Marshall
X Scott Freeman -Chairman
Freeman: Good evening, ladies and gentlemen. Oh, that's really loud tonight.
Friedman: We will take care of that.
Freeman: Thank you. At this time I'd like to call to order the regularly scheduled
meeting of the Meridian Planning and Zoning Commission for March 15th, 2012.
Machelle, could we begin with roll call.
Item 2: Adoption of the Agenda.
Freeman: Thank you. The first thing we need to do is adopt the agenda. I don't
believe we have any changes this evening, so could I get a motion?
Marshall: So moved.
O'Brien: Second.
Freeman: Got a motion and second to adopt the agenda. All those in favor say aye.
Opposed? Motion carries.
ALL AYES. MOTION CARRIED.
Item 3: Introduction of Community Development Director, Bruce Chatterton
Freeman: Before we get onto the Consent Agenda, I want to turn the floor over to
Pete to make a special introduction today.
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March 15, 2012
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Friedman: Thank you, Mr. Chair, Members of the Commission. It's with great pleasure
that I introduce to you our first -- the city's first and our new Community Development
Director Bruce Chatterton. Bruce started this week. We are glad to have him on board
and I don't know how often he will be attending these meetings, but we -- we felt that
tonight would be a good time to have him introduce himself to you and you to him. So,
with that I will pipe down.
Freeman: All right. Good.
Chatterton: Well, Chairman, Commissioners, very glad to be here. I have had a great
welcome so far. One of the things I have been emphasizing is that -- I have worked a
number of places, including a slightly larger city to the east, and this is not about taking
solutions from other places -- any other place that I have worked, no matter how well
they might have worked in other places and trying to shoe horn those into our setting
here in Meridian. We have our -- we are a unique, dynamic community. We have our
own set of issues and so it's about solving for the right set of problems that we have
here in Meridian and really working with that. And so that's what we are going to be
emphasizing. That's really all I had to say, except that I just want to recognize you all
have a thankless job and I want to thank you for it. Some of the best work in planning
-- the planning industry in this country is done by citizen planners like you all,
appointees, and we pay you these wonderful salaries, you know, long hours, you get
sometimes incredible abuse for it, you know, the rewards are a beautiful community
like we have now and the vision for the future, which is being implemented each and
every meeting that you have. So, I just want to thank you for that and if ever have any
concerns about the new Community Development Department, how we are
approaching things, any great bright ideas -- I know you have those -- I'd love to hear
them and I'd love to, you know, invite any thoughts from you as we move through this.
That's really all I had to say.
Freeman: Great. Thank you, Mr. Chatterton. Welcome aboard and we look forward
to working with you here in the immediate future. Thanks for being here.
Item 4: Consent Agenda
A. Approve Minutes of February 16, 2012 Planning and Zoning
Commission Meeting
Freeman: With that we need to approve the Consent Agenda. The only item on the
Consent Agenda tonight is the approval of the minutes of the February 16th, 2012,
Planning and Zoning Commission meeting. Unless there are any corrections that
anyone noted, could I get a motion?
Marshall: Mr. Chair, I move that we approve the minutes as written.
O'Brien: Second.
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March 15, 2012
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Freeman: Okay. I have a motion and a second to approve the minutes on the
Consent Agenda. All those in favor say aye. Opposed? Motion carries. Thank you.
ALL AYES. MOTION CARRIED.
Item 5: Other Items
A. South Meridian Future Land Use Visioning Workshops -Staff
Update by Brian McClure, Community Development
Department.
Freeman: Tonight we are going to begin with a staff update on the south Meridian
future land use visioning workshop. So, I will turn that over to Brian, I believe. Oh,
there he is, behind the monitor.
McClure: Chairman Freeman, Commissioners, thank you for having me. Early this
year the city contracted Parametrics to plan for the future of south Meridian. For the
purposes of this project south Meridian goes from Interstate 84 to Lake Hazel and from
Linder to McDermott Road. Most of this area is currently designated as future planning
area on the future land use map. Shortly after partnering with Parametrics on this
project a project advisory group or PAG was established. This group is made up of
city staff from Kuna, Nampa, Meridian, Ada County Development Services, ACHD,
COMPASS, Nampa Highway District No. 1 and Central District Health. This
presentation is intended to update you on this project, including the February 22nd
workshop. The main goal of this project is to fill in a gap on the future land use map.
The city tried in the 2006 to 2008 process, but was unable to reach a consensus. With
the Ten Mile Interchange opening and the economy showing signs of life, it's timely to
try again. During the previous process stakeholders expressed a desire for a more
rural future land use option. As part of this process Parametrics and the city created a
rural estate designation. As you will see shortly, this new, yet to be fully defined land
use, was popular with the workshop participants. Staff envisions this designation
being used for everything from the existing five acre lots that want to have some
livestock, hobby farms, and larger agricultural parcels. We are also planning for
utilities. One of the most important considerations with this is a large nitrate priority
area that exits within the project boundaries. Additionally, a portion of this area has
already been annexed by the city of Kuna, so part of the effort will be to adjust the area
of city impact. Finally, one of the last steps in this process will be to identify locations
for schools, parks, and other amenities. In early February about 700 post cards were
mailed to owners, tenants, and agencies in the planning area, inviting them to the initial
-- the initial visiting workshop. We also advertised in the Valley Times, through various
social media and the city even created its first commercial of sorts and it was posted
on the city website. On February 22nd, approximately 40 people gathered at Mary
McPhearson Elementary School to designate future land uses on an aerial map.
There were four groups on four tables that played the You Are The Map game. The
participants populated squares and color post-it notes representing the different land
use areas. These scenarios were photographed and, then, transferred into
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March 15, 2012
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Community Viz for impact analysis. Community Viz is an Arc View GIS application.
The scenarios are now posted on the project website. Lastly, the PAG reviewed these
scenarios and combined them into an alternative, which you will see shortly. These
are the four scenarios created at the public workshop in digital format. What you're
seeing here are squares that were populated in the GIS based off the photographs
taken of the board at the workshop. The very light green is our real estate designation.
Green is low density residential. Yellow is medium density residential. Brown is mixed
use. And red is straight commercial. As you can see, while there is a lot of
differences, there is also some similarities. The intersection around Ten Mile and
Amity, for example, all have some level of commercial development. There were also
a number of other areas where some or all of the scenarios shared other similarities,
such as rural estate in the lower left-hand corner. I don't know if you can see this
mouse or not, but where it's kind of moving right now is one of the similar areas. This
is the PAG created scenario. The PAG took the four scenarios created on February
22nd and in looking at the existing land uses, topography, nitrate priority areas, and
taking serviceability into account, drafted the scenario you see here. City staff still has
some additional smoothing of the PAG scenario to do, mainly to review the land use
designations for consistency that the generally followed property lines, natural barriers,
streets, and other features. Just one point of clarification with this scenario. Some
commercial is implied with the mixed use areas and will be defined more during the
upcoming workshops. The public will be able to comment and offer additional
assignment to the scenario at the upcoming workshop. Moving forward, our second
workshop is April 3rd at 4:30 p.m. in conference A and B at City Hall. I'd like to invite
you all to attend. This will not be a formal hearing and no decision will be made, but
we'd like you to be involved and participate. We will be reviewing analysis for the four
workshop scenarios and the PAG recommendation. We will also have a brief
discussion regarding the Airport-Overland corridor study. Some residents in the study
have already voiced concern for the preferred alignment. Staff envisions adopting an
Overland alignment as part of the south Meridian land use Comprehensive Plan
amendment, so we want to provide some time to discuss the topic and allow
stakeholders to comment. This study is not the main focus of the workshop, however.
We need to get to the land uses aside. Again, I hope to see some of you at the
second workshop and will stand for any questions.
Freeman: Thank you, Brian. Are there any questions?
Marshall: I guess my only question was that you had the Planning Department's
compilation there. That wasn't on the website here the other day. Is it -- at least
couldn't get it up.
McClure: This one is not on the website currently. It's in the process of having some
of that smoothing and refinements done. It will be presented at the workshop, though.
Marshall: Okay.
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March 15, 2012
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Freeman: Any other questions? Okay. Will we get some sort of official invite for the
April 3rd meeting? It would be helpful for those of us that need help getting to our
appointments.
McClure: I'm sure we can make that happen, yes.
Freeman: Thank you. That would be great.
Hill: I can send you a reminder, Commissioners.
Freeman: Okay. Well, good. Sounds like this is coming along. I look forward to that
meeting to review this and hear from other stakeholders. Any other comments or
questions on this item? Are we ready to move on?
O'Brien: Uh --
Freeman: Commissioner O'Brien.
O'Brien: Mr. Chair -- yeah. Brian, on that -- that area that has the nitrates -- is that
what it's called? The nitrate areas? So, a majority of this -- of the plan that I saw, most
of the people put in there low density residential; is that correct? The light green?
McClure: Kind of depends on which one you're looking at.
O'Brien: Okay.
McClure: The very light green is the rural estate --
O'Brien: The rural estates?
McClure: If they are really light green on there the normal green is low density
residential.
O'Brien: Okay. So, for the concern of the nitrates, I -- and people around the table we
were talking about that, what -- do they actually have their own well, if they do, what's
the issue there? Especially the small estate areas of five acre, ten acre lots. I didn't
hear any talk on -- or discussion on what that solution is or will be.
McClure: Whether they have services or not right now kind of depends on ongoing
discussions with both Kuna and Public Works of the City of Meridian. In terms of
whether they will have services or not or if they have services or not -- anything over
three acres is -- can have a well. Anything over five acres can have a well and doesn't
have to have that water quality testing done. And so they don't necessarily have to
have city services to have a well out there. It's kind of up to them whether they want to
risk having a nitrate issue or not.
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March 15, 2012
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O'Brien: Really?
McClure: Above that three acre -- it's up to them, yeah.
O'Brien: Okay. All right. I'll take that offline. Thanks. Appreciate it.
Freeman: Okay. Thank you very much, Brian.
Item 6: Action Items
A. Public Hearing: ZOA 12-002 Unified Development code (UDC)
Text Amendment by City of Meridian Community
Development Department Request: Amend Specific Sections
of the UDC to Include Genearl Clarifications/Clean-up Items;
Specific Use Standards for Wireless Communication
Facilities; CPTED (Crime Prevention Through Environmental
Design) Strategies, etc.
Freeman: At this time I'd like to open the public hearing for ZOA 12-002, the Unified
Development Code text amendment, beginning with the staff report.
Wafters: Thank you, Chairman Freeman, Members of the Commission. The next
application before you is a request for a text amendment to the unified Development
Code. The Planning Department is the applicant, requesting amendments to specific
sections of the Unified Development Code in order for the code to function more
efficiently and meet the needs of our customers and the city. This application includes
changes to Chapters 1 through 5 of UDC as detailed in section seven of the staff
report. Many of the proposed changes are clean-up items. Some are request by code
enforcement and others are as follows: An update to all references to the planning
director with community development director in the code. Modified definition of
construction sand and gravel mining, to exclude crushing operations. Modify
healthcare and social services definition to include samples of social service uses.
Add definitions for full array, slim line, and stealth wireless communication towers,
along with a diagram of full array and slim line towers. Allow group daycares as a
conditional use instead of a prohibited use in the R-4 zoning district. Restrict business
hours of operation in C-C and C-G districts from 6:00 to 11:00 p.m. when the property
abuts a residential use or district. And extended hours may be requested through a
conditional use permit. Incorporation of CPTED, crime prevention through -- excuse
me -- environmental design strategies in collaboration with the police department to
reduce the opportunities of fear and incidence of crime and improve the quality of life in
the city as follows: Elimination of pathway through internal common areas, safe
access and adequate lighting for outdoor service and equipment areas. Landscaping
designed and installed to provide natural surveillance opportunities from public areas.
Location of open space and site amenities in areas of high visibility. For instance,
along streets where doors and windows overlook public areas, et cetera. Locate drive-
thrus so they are visible from a public street for surveillance purposes. And locate all
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March 15, 2012
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approaches and entrances to ATMs, so that they are visible and adequately lit.
Change to the setbacks for free standing signs from one foot to five -- excuse me --
from -- back to one foot from five foot as previously required. The five foot setback
created too many nonconforming signs. So, we are recommending changing it back to
the previous setback. More code amendments addressing signs and home
occupations to follow. Removal of the requirement for conditional use permits for
daycare facilities to be modified when a change in ownership occurs. The new owner
would still be required to obtain a license from the Department of Health Welfare in
their name and comply with the specific use standards listed in the UDC for daycare
facilities. New specific use standards for wireless communication facilities that are
more concise, user friendly, and up to date with current technology. The new
standards encourage the location of facilities in nonresidential areas. The co-location
of new wireless equipment on existing structures and the ability for future co-location
on new towers and the use of stealth towers that are compatible with the surroundings
and don't detract from the visual quality of the city. Highlights of the proposed
standards include specific standards for streetlight, roof, and wall mounted antennas.
Specific standards for self, slim line, and full array tower facilities, as well as amateur
radio antennas. Lattice or guide design structures are prohibited. Full array towers
shall be deemed a principal permitted use in industrial districts and prohibited in all
other districts. All new communication tower facility structures, except for those
contained within an underground vault, require administrative design review in addition
to any another necessary permits. Written testimony was received from Dave Splett
from ITD. He is concerned that ITD's communication towers located in the right of way
might be prohibited by the proposed changes to the wireless communication facility
ordinance. I did look at that. His concerns aren't really applicable as ITD is not a
wireless communication industry. Staff is recommending approval per the staff report
with the following additional changes as noted in your hearing outline: Section 11-5B-
3C3 strike the current text and replace it with the following: If the annexation and
zoning request is not accompanied by a plat, conditional use permit, or a planned unit
development, the applicant shall provide a conceptual development that detects
streets, access points, parking, and location of building unless waived by city council.
And the text that was in three would just simply move down to a new number four. The
Council shall apply the standards listed in Subsection D of this section and the findings
listed in Subsection E of this section to review the annexation and/or rezone request.
And, then, 11-4-3-43-E8, the specific use standards for the wireless facilities, add the
following text: All tower facilities shall include a landscape buffer. The buffer shall
include -- or shall consist of a landscape strip of at least five feet wide outside the
perimeter of the compound. A minimum of 50 percent of the plant material shall be of
an evergreen variety. In locations where the visual impact of the tower is minimal the
applicant may request a reduction to these standards through the alternative
compliance process in accord with Chapter 5, administration of this title. And, lastly,
Table 11-5B5, add Section 11-4-3-43, wireless communication facility to the table for
permits, which -- for which alternative compliance can be requested. Staff will stand
for any questions the Commission may have.
Freeman: Thank you, Sonya. Any questions of staff?
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March 15, 2012
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O'Brien: Mr. Chair?
Freeman: Commissioner O'Brien.
O'Brien: Sonya, I'm sure I'm confused on this as I sometimes am. The -- the business
hours of operation --did it used to be 6:00 to 10:00 -- 6:00 a.m. to 10:00 p.m?
Wafters: Commissioner O'Brien, it still is 6:00 to 10:00 in the C-N and C-C districts.
O'Brien: Oh. Okay.
Wafters: Or, excuse me, L-O and C-N. We are currently proposing 6:00 to 11:00 in
the C-N -- or C-C and C-G.
O'Brien: Okay. Okay. I just -- thank you for clarifying that. I thought it was changing
again.
Marshall: Mr. Chair, I have a question.
Freeman: Commissioner Marshall.
Marshall: Back to that same subject. I believe C-G right now is 24-7; is that correct?
And so we have -- we have approved some C-G locations for gas stations and the like
that are operating 24-7. Is this going to be -- they will be grandfathered in and not
have to live by the new 6:00 to 11:00, so they won't be coming back seeking
conditional use permits and --
Wafters: No, Chairman Freeman, Commissioner Marshall, Commissioners, the
current uses that are operating would grandfather. This would apply to all future uses.
Marshall: All right. Thank you.
O'Brien: Excuse me, Mr. Chair?
Freeman: Commissioner O'Brien.
O'Brien: I'm sorry. If you could clarify that. So, in some -- maybe Mr. Marshall --
Commissioner Marshall can help me out here. What instances do we currently have
that go 24-7 that will be grandfathered in? Can you give me an example, anybody?
Wafters: Chairman Freeman, Commissioner O'Brien, Commissioners, Walmart, for
instance, the one that was just approved out on Stoddard at Overland next to the
residential development there --
O'Brien: Yes.
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March 15, 2012
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Wafters: -- that's primarily where this is coming from. There has been several C-G
zoned properties adjacent to residential uses lately.
O'Brien: It just seems to me like it constricts future development alone. Is it going to
restrict the hours of operation if that type of business requires their success to be -- to
be allowed to be open 24-7?
Wafters: It's -- to respond to that, it is only when property abuts a residential use or
district and extended hours of operation in the C-C and C-G districts may be requested
through a conditional use permit.
O'Brien: Okay.
Wafters: So, there are -- there are options there.
O'Brien: Okay. All right. Thank you.
Marshall: I'm sorry, but I would argue that C-G should not abut residential ever, but
that's my personal opinion.
Freeman: I have a question also. When we have redefined construction sand and
gravel mining to exclude operations, one -- one applicant came in -- and this was a
topic, then. I think crushing operations were actually included in what they wanted to
do. My question is are crushing operations, then, covered elsewhere or by doing this
are they strictly prohibited?
Wafters: Chairman Freeman, they would be strictly prohibited. You are correct, the
last application that came through allowed for crushing. And it is quite a nuisance to
the adjacent neighbors when there are residents nearby.
Freeman: Okay. Thank you. Any other questions? Okay. We have heard from staff.
Pretty much we don't have a separate distinct applicant. Was there anybody tonight
that wanted to offer public testimony on this item? I didn't have anybody signed up,
but I want to give you the opportunity if so. No? Okay. At this time could I get a
motion, then, to close the public hearing on ZOA 12-002?
O'Brien: So moved.
Marshall: Second.
Freeman: I have a motion and a second to close the public hearing on ZOA 12-002,
Unified Development Code text amendments. All those in favor say aye. Opposed?
Motion carries. Thank you.
ALL AYES. MOTION CARRIED.
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March 15, 2012
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Freeman: Discussion?
Rohm: Well, staff's been busy. Yeah. That's good. I mean I think all of these little
tweaks are an improvement and that's -- I'm glad we had this time to make these
changes, so that's the end of my comments.
Freeman: Agreed. I like the fact that we are cleaning some of this up, making it more
current, relevant -- looks great. Anything else?
O'Brien: I like it, especially areas -- the location of ATMs, et cetera, situation where we
have drive-thrus -- three particular drive-thrus at the corner of Overland and Meridian
Road, for instance, that little strip mall there, if you will, where Walgreen's is, you got
three of those things that are caddy whampus from each other, so, yeah, I like the way
this is worded so we can address those in the future, so that's all I have. Thank you.
Freeman: Okay. Then it looks like we are ready for a motion, then, on this item.
O'Brien: Mr. Chair?
Freeman: Commissioner O'Brien.
O'Brien: After considering all staff, applicant, and public testimony, since there wasn't
any, though -- I move to recommend approval to the City Council of file number ZOA
12-001 as presented in the staff report for the hearing date of March 15th, 2012, with
no modifications.
Marshall: Mr. Chair?
Freeman: Mr. Marshall.
Marshall: Commissioner O'Brien, I would recommend maybe including the
modifications in tonight's brief.
O'Brien: Isn't that in the staff report?
Freeman: I was under the impression that was in the staff report also. Is that
incorrect?
Wafters: No. Those are additional recommendations on top of what's in the staff
report.
O'Brien: Okay. Amendment to my -- my previous recommendation that we include the
aforementioned recommendation from staff as outlined in the text amendment
presented by staff.
Marshall: I'll second that.
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March 15, 2012
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Freeman: Okay. I have a motion and a second to recommend approval for ZOA
12-002, Unified Development Code text amendment as amended here tonight by staff.
All those in favor say aye. Opposed? Motion carries.
ALL AYES. MOTION CARRIED.
Freeman: Is there anything else before we move to adjourn?
Friedman: Mr. Chairman, Members of the Commission, and, Commissioner Rohm,
thank you for your compliments. We have been busy and as it turns out we will be
back to you sooner than later with some more amendments. We have had a couple of
things up recently that we think will bear addressing. It won't be too long before you
see another round.
Freeman: Great. One last motion.
Rohm: Mr. Chairman?
Freeman: Commissioner Rohm.
Rohm: I move we adjourn.
Marshall: Second.
Freeman: We have a motion and a second to adjourn. All those in favor say aye.
Opposed? Motion carries.
ALL AYES. MOTION CARRIED.
Freeman: We are adjourned. Thank you.
MEETING ADJOURNED AT 7:27 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
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