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2012 05-17E IDIAN~-- MERIDIAN PLANNING AND ZONING IDAHO COMMISSION MEETING AGENDA Roll-call Attendance Thursday, May 17, 2012 at 7:00 p.m. 1. _X Tom O'Brien _O Michael Rohm X 2. 3. 4. City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho _X Steven Yearsley _X Joe Marshall Scott Freeman -Chairman Adoption of the Agenda Approved Consent Agenda A. Approve Minutes of May 3, 2012 Planning and Zoning Commission Meeting Approved Action Items A. Continued Public Hearing from April 5, 2012: CUP 12-003 Capital Christian Wireless Communications Facility by Tony Wilson Located at 2760 E. Fairview Avenue Request: Conditional Use Permit Approval to Construct and Operate a Wireless Communication Facility Consisting of Five (5) 120- Foot High Monopole Stealth Towers and Five (5) Equipment Shelters in an L-O Zoning District Continued to June 7, 2012 for the sole purpose of discussing re-noticing the project for the September 6, 2012 Planning and Zoning meeting B. Public Hearing: PP 12-005 Canterbury Commons by Heartland Homes, LLC Located at South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Preliminary Plat Approval of 107 Residential Lots and 12 Common Lots on 21.45 Acres in an Existing R-15 Zone Continued to June 7, 2012 Planning and Zoning Commission meeting Meeting adjourned at 7:14 p.m. Meridian Planning and Zoning Commission Meeting Agenda -Thursday, May 17, 2012Page 1 of 1 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 May 17, 2012 Meeting of the Meridian Planning and Zoning Commission of May 17, 2012, was called to order at 7:05 p.m. by Chairman Scott Freeman. Present: Chairman Scott Freeman and Commissioner Tom O'Brien, Commissioner Steven Yearsley and Commissioner Joe Marshall. Members Absent: Commissioner Michael Rohm. Others Present: Jacy Jones, Bill Nary, Bill Parsons, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Steven Yearsley X Tom O'Brien Michael Rohm X Joe Marshall X Scott Freeman -Chairman Freeman: Good evening, ladies and gentlemen. Are we on, by the way? Jones: You're on. Freeman: Okay. 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 May 17, 2012. Let's begin with roll call. Item 2: Adoption of the Agenda. Freeman: Okay. The first thing we need to do is adopt the agenda. There are some changes to the agenda tonight. Both items -- Action Items A and B are going to be open for the sole purpose of continuing them to later dates. Item A will be continued to September 6 and Item B will be continued to June 7th. So, if you have come to offer public testimony on any of those items, we won't normally take that, unless you let know us know that you can't be there for one of those hearings and, then, we will go ahead and take your testimony this evening. So, with that could I get a motion to adopt the agenda as amended? O'Brien: So moved. Yearsley: Second. Freeman: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Meridian Planning & Zoning Commission May 17, 2012 Page 2 of 8 Item 3: Consent Agenda A. Approve Minutes of May 3, 2012 Planning and Zoning Commission Meeting Freeman: Okay. For the Consent Agenda, which is next, we have only the approval of the minutes from our May 3rd meeting. Are there any changes or comments to that? Could I get a motion? Yearsley: I'll make a motion that we approve the meeting minutes -- or the Consent Agenda. Marshall: Second. Freeman: Okay. I have a motion and a second to approve the Consent Agenda. All those in favor say aye. Opposed? Motion carries. The Consent Agenda is approved. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 4: Action Items. A. Continued Public Hearing from April 5, 2012: CUP 12-003 Capital Christian Wireless Communications Facility by Tony Wilson Located at 2760 E. Fairview Avenue Request: Conditional Use Permit Approval to Construct and Operate a Wireless Communication Facility Consisting of Five (5) 120- Foot High Monopole Stealth Towers and Five (5) Equipment Shelters in an L-O Zoning District. Freeman: With that I'm going to open Action Item A, which is the continued public hearing from the April 5th, 2012, meeting on CUP 12-003, for the sole purpose of continuing this item to the next -- well, not the next regularly scheduled meeting, but the meeting scheduled for September 6th, 2012. First of all, is there anybody in the audience tonight -- there aren't very many -- that cannot be here for that hearing that wish to testify on this item? Okay. With that, then, could I get a motion? Marshall: Mr. Chair? Freeman: Commissioner Marshall. Marshall: Before we do I'd just like to on the record state I'm glad to see it out to September 6, but I'd like to see all the issues resolved as well as they can be before it comes before us, because I'd prefer not to see that be continued too many times, because there was a considerable number of people that showed up last time I believe to speak to this and we are already missing anumber -- there are a couple people here. To that end I would like to move to continue CUP 12-003 to September 6th, 2012. Meridian Planning & Zoning Commission May 17, 2012 Page 3 of 8 Freeman: Okay. Yearsley: Second. Freeman: Okay. I have a motion and a second to continue item number CUP 12-003, Capital Christian Wireless Communications, to the September 6th regularly scheduled meeting. All those in favor say aye. Opposed? Motion carries. That will be continued. MOTION CARRIED: FOUR AYES. ONE ABSENT. B. Public Hearing: PP 12-005 Canterbury Commons by Heartland Homes, LLC Located at South Side of W. Pine Avenue East of N. Ten Mile Road Request: Preliminary Plat Approval of 107 Residential Lots and 12 Common Lots on 21.45 Acres in an Existing R-15 Zone. Freeman: Now I would like to open PP 12-005, Canterbury Commons by Heartland Homes, again, for the sole purpose of continuing this item to the regularly scheduled meeting of June 7th, 2012. Could I get a motion? O'Brien: So moved. Marshall: Second. Freeman: I have a motion and a second to continue item PP 12-005 to the June 7th regularly scheduled meeting. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: Mr. Chair, before we -- Freeman: Commissioner Marshall. Marshall: I have a quick question for the staff. Bill. If I might. So, when we continue out to September 7th -- or in this case June -- June 7th of September 6th, is there any renoticing or any type of notice to -- there was a large contingency of people that wanted to speak to this item here last time when we continued. How do they find out that it's now been continued to September 6th? Nary: Go ahead. I'm sorry. Parsons: Mr. Chairman, Members of the Commission, I think I'll let Mr. Nary speak to that and, then, maybe if we needs anything from me I will go from there, but I think he's probably more familiar with it than I am. Freeman: Okay. Mr. Nary, you have got the floor. Meridian Planning & Zoning Commission May 17, 2012 Page 4 of 8 Nary: Thank you, Mr. Chair, Members of the Commission. Technically, the legal standard is is because the hearing is noticed for a certain date and time that if, essentially, you had an interest to be here you would be here to know that we continued to another date. But there are these unusual circumstances when they continue it out as far as they -- as you have, the Commission does have the ability to require the applicant to renotice the project because of the length of time and the concern you have about adequate notice to the surrounding neighbors. If you wish to do that what I would suggest you do is -- is to rescind your motion to move it to September 6th, instead continue it to June 7th, Mr. Parsons can contact the applicant and advise them they need to be here on June 7th, so that the Commission can direct them to renotice it for the later date if they want to have it that far out. So, you have the ability to do that because of your concern. We did that once I can recall I think with Amity/Meridian Road project where we had continued it so far out we required -- it was in front of City Council. The City Council required them to renotice it because the same concern you had, it was such a large gap in time and trying to keep track of that for the neighborhood would be difficult. So I would -- if you want to do that, since they have -- obviously weren't on notice tonight to know to do that, you might just continue it to your next meeting, ask them to be here, direct them that's what you -- to get them to notice that far out they are going to have to agree to do that. But that's up to you. Freeman: Thank you. Any further questions or comments? Marshall: I would be interested to know what the other Commissioners think of that. Yearsley: Actually, I was thinking the same -- on those same lines of, you know, that's quite a ways out to not -- to not notice that again would be I think unfair to the surrounding neighbors. O'Brien: Well, my concern -- Freeman: Commissioner O'Brien. O'Brien: -- is the same, Mr. Chair, and fellow Commissioners. I have always had a concern with any kind of continuation, whether it be two weeks or two months, in that we just don't seem to get the following the second time around, people get tired of coming down and with no meeting here, even though it's noticed -- even though it's public record, you just don't seem to have the same enthusiasm, if you will, for people that want to involve themselves in the issue. So, I don't know. I think we just have to follow the law and do what -- and notice it I think again, even though it's a ways out, but, still, I just hope that this doesn't continue to be continued again, which has a possibility that it may do -- may do so. It has a history in these kind of things that they just don't never seem to be ready and so those are my concerns with -- with these types of things. Freeman: Okay. Mr. Nary, Ihave a -- I have a follow-up question. I want to make sure I heard you correctly. What you said would have to happen if some -- if one of the Meridian Planning & Zoning Commission May 17, 2012 Page 5 of 8 Commissioners chose to do that, rescind the previous motion, we would all have to vote on that, and then -- but you said we move the date up from September 6th to the June 7th meeting -- Nary: Right. Freeman: -- requiring the applicant to be here. Nary: Correct. Because since -- Mr. Chair, Members of the Commission, since the applicant isn't here -- I guess my only concern would be is that if Mr. Parsons were to call them tomorrow and say you have got your September 6th date, but they want you to renotice it, they might say, well, we don't want to spend the money on renoticing, we'd just as soon have it here on June 7th, then, or June 14th or June 21st . So, since they are not here and -- it seems a little unreasonable to simply just direct that without at least their input. That seems to be the most logical. The only other thing I would think is that the clerk's office could note on the agenda for June 7th that the Commission has requested applicant be present and to discuss renoticing this application for a later date, so that if a person were to read the agenda wouldn't think, okay, I'm going to come again on June 7th and they are continuing it one more time, but that the purpose of that June 7th is simply to discuss a later date and a renotice and not to be -- and not a public -- and not to be heard -- testimony isn't going to be taken. Freeman: But we would be continuing it, instead, to the June 7th meeting regardless, but with the stated purpose -- Nary: That's what I would suggest. And if Mr. Parsons has a different perspective on the applicant, but it seems -- it seems alittle -- I mean I don't know what the cost is, I can't recall, but you could have a circumstance where an applicant might say, well, I'd rather not suffer the cost, because normally if we continue it out two weeks we wouldn't renotice it, so -- Marshall: But renoticing -- excuse me, Mr. Chair, if I could. Freeman: Mr. Marshall. Marshall: Renoticing involves a newspaper ad, as well as signage; right? Nary: And mailed notice. Marshall: And mailed notice. Nary: The radius notice. That's -- that's really where the expense comes, because changing the little thing on the sign isn't significant, it really is the mailed notices. Freeman: Okay. Meridian Planning & Zoning Commission May 17, 2012 Page 6 of 8 Freeman: What do the Commissioners want to do? Yearsley: I actually have a follow on question to yours. So, if we left it the way it was and had the meeting for next -- on the 7th, do we still have teeth at that point to require him to renotice? Because if we just continue it now without those conditions and we -- do we have the ability to come in and say we you want to renotice it for the 6th of September -- does that make sense? Without actually amending the -- Freeman: Not under the current motion lunderstand -- Yearsley: Right. Freeman: -- because we have already said the next meeting will be September 6th, not June 7th. Nary: If I understand your question, Mr. Yearsley, what you're asking is if you come into the June 7th and the applicant came in and said, no, let's just hear it tonight. Yearsley: Uh-huh. Nary: Is that what you're asking? Yearsley: Well, from what you were saying that we wouldn't have to renotice it for the -- the 7th, just have him come in and ask him about -- if it would be okay to -- to renotice it for the 6th of September is what I heard. So, that's why I'm just wanting -- so, we would -- we would continue it to the 6th, but, then, actually ask them to come in next week or -- Nary: No. You would continue it -- I'm sorry, I don't mean to interrupt you. You would continue it to the 7th for the purpose of discussing whether you would grant a further continuance out to September -- Yearsley: Okay. Nary: -- without requiring that they renotice it. Yearsley: Okay. That, actually, answers my question. Thank you. Nary: Okay. Freeman: Thank you. Anybody else? Marshall: Mr. Chair? Freeman: Commissioner Marshall. Meridian Planning & Zoning Commission May 17, 2012 Page 7 of 8 A. Continued Public Hearing from April 5, 2012: CUP 12-003 Capital Christian Wireless Communications Facility by Tony Wilson Located at 2760 E. Fairview Avenue Request: Conditional Use Permit Approval to Construct and Operate a Wireless Communication Facility Consisting of Five (5) 120- Foot High Monopole Stealth Towers and Five (5) Equipment Shelters in an L-O Zoning District. Marshall: Based on the discussion so far I move to rescind the motion to continue CUP 12-003 for Capital Christian Wireless. Yearsley: I will second that. Freeman: Okay. I have a motion to rescind the approved motion to continue CUP 12- 003 and a second. All those in favor say aye. Opposed? MOTION CARRIED: FOUR AYES. ONE ABSENT. Freeman: Okay. That motion is rescinded. Do I have another motion? Marshall: Mr. Chair, I move that we continue CUP 12-003 to the June 7th meeting, our next regularly scheduled meeting, for the sole purpose of discussing with the applicant renoticing the project for -- the continuance to September 6th, 2012. Yearsley: And I will second that. Freeman: Okay. I have a motion and a second to continue this application CUP 12-003 to the June 7th regularly scheduled meeting for the purpose of discussing the possibility of renoticing the project for a later date. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Freeman: Thank you. With that -- Yearsley: Mr. Chairman? Freeman: That was well done, by the way. That motion. Yearsley: I move that we adjourn. Marshall: Second. Freeman: I have a motion and a second to adjourn. All those in favor say aye. Opposed? Meridian Planning & Zoning Commission May 17, 2012 Page 8 of 8 MOTION CARRIED: FOUR AYES. ONE ABSENT. Freeman: We are adjourned. Thank you. MEETING ADJOURNED AT 7:18 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPRO / ~~ S TT FREEMAN ;CHAIJ~MAN DATE APPROVED ATTEST: ~~ ~~ /~ O4~~TflDAUCGS I t Q- r, JA CEE HOLMAN, CITY CLERK ~,,~ ~ GtYof ~~ E IDIAN~. ~ IDAHO ~.~ SEAL ~ yl~`~~Ije 7REA6~''`~~~~ Meridian Planning Zoning Commission Meeting DATE: May 17, 2012 ITEM NUMBER: 3A PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 3, 2012 Planning and Zoning Commission Meeting MEETING NOTES pprov e.r~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: May 17, 2012 ITEM NUMBER: 4A PROJECT NUMBER: CUP 12-003 ITEM TITLE: Capital Christian Wireless Communication Facility Continued Public Hearing from April 5, 2012- Conditional use permit approval to construct and operate a wireless communication facility consisting of five 120-foot high monopole stealth towers and five equipment shelters in an L-O zoning district by Tony Wilson - 2760 E. Fairview Avenue MEETING NOTES Con-~ ~,~v ~e d -+o co I ---1 ~ ~ 2. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: May 17, 2012 ITEM NUMBER: 4B PROJECT NUMBER: PP 12-005 ITEM TITLE: Canterbury Commons Public Hearing -Preliminary Plat approval of 107 residential lots and 12 common lots on 21.45 acres in an existing R-15 zone by Heartland Homes, LLC -south side of W. Pine Avenue, east of N. Ten Mile Road MEETING NOTES col, Ica Conk env ed ~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS