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2012 09-06E IDIAN~-~- MERIDIAN PLANNING AND ZONING IDAHO COMMISSION MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, September 06, 2012. at 7:00 p.m. 1. Roll-call Attendance _X Tom O'Brien X Michael Rohm X X_ Steven Yearsley _X Joe Marshall Scott Freeman -Chairman 2. Adoption of the Agenda Approved 3. Consent Agenda Approved A. Approve Minutes of August 16, 2012 Planning and Zoning Commission Meeting 4. Action Items A. Continued Public Hearing from June 7, 2012 and Request to Re-Notice: 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of Five (5) 120-Foot High Monopole Stealth Towers and Five (5) Equipment Shelters in an L-O Zoning District Application Withdrawn B. Public Hearing: MCU 12-003 Southridge Subdivision Gravel Mining by Idaho Sand & Gravel Located South of. W. Overland Road and the Ridenbaugh Canal and East of S. Ten Mile Road Within Future Development Areas of Southridge Subdivision Request: Modify the Time Period Allowed for the Gravel Mining Operation at Southridge Subdivision to Allow the Use to be Extended an Additional 18 Months Public Hearing Continued to September 20, 2012 C. Public Hearing: AZ 12-007 Linder Church of Christ by Linder Church of Christ Located 1/2 Mile West of N. Black Cat Road on the South Side of W. Ustick Road Request: Annexation and Meridian Planning and Zoning Commission Meeting Agenda -Thursday, September 06, 2012Page 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. Zoning of 21.82 Acres of Land with C-C (17.35 Acres) and R-8 (4.46 Acres) Zoning Districts Recommend Approval to City Council D. Public Hearing: RZ 12-002 Central Valley Baptist Church by Alan Baker Located 600 N. Ten Mile Road Request: Rezone of 15.65 Acres of Land from the L-O (Limited Office District) Zone to the C-C (Community Business District)Zone Recommend Approval to City Council E. Public Hearing: CUP Idaho Central Credit Eagle Road and E. Permit Approval for Drive-Thru) in a C-C Findings of Fact 12-007 ICCU at Gateway Marketplace by Union Located Southeast Corner of N. Ustick Road Request: Conditional Use a Drive-Thru Establishment (Bank with i Zoning District Approved -Prepare Meeting adjourned at 7:42 p.m. Meridian Planning and Zoning Commission Meeting Agenda -Thursday, September 06, 2012Page 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 September 6. 2012 Meeting of the Meridian Planning and Zoning Commission of September 6, 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, Commissioner Steven Yearsley and Commissioner Joe Marshall. Others Present: Jacy Jones, Ted Baird, Pete Friedman, Bill Parsons, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Steven Yearsley X Tom O'Brien X Michael Rohm X Joe Marshall X Scott Freeman -Chairman Freeman: Okay. Good evening, ladies and gentlemen. At this time I'd like to open the regularly scheduled meeting of the Meridian Planning and Zoning Commission for this date of September 6th, 2012. Let's begin with roll call. Item 2: Adoption of the Agenda. Freeman: The first thing is the adoption of the agenda and I do want to note a couple of changes to the agenda. Item 4-A, Capital Christian Wireless Communication Facility, the applicant has requested that item to be withdrawn and Item 4-B, Southridge Subdivision Gravel Mining, that item has been -- the applicant has requested that we continue that item to the next regularly scheduled meeting. So, with those modifications could I get a motion to the adopt the agenda? O'Brien: So moved. Rohm: 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: ALL AYES. Item 3: Consent Agenda A. Approve Minutes of August 6, 2012 Planning and Zoning Commissioner Meeting Freeman: Okay. Consent Agenda is the first item on our agenda. We only have one item on the Consent Agenda this evening and that's the approval of the minutes of the Meridian Planning & Zoning Commission September 6, 2012 Page 2 of 17 August 16th, 2012, Planning and Zoning Commission meeting. Are there any corrections that need to be made? Rohm: I have none. Freeman: None? Could I get a motion to approve the Consent Agenda? Marshall: So moved. Rohm: Second. Freeman: I have a motion and a second to approve the Consent Agenda. All those in favor say aye. Opposed? O'Brien: Abstain due to absence. Freeman: Thank you. I have one abstension. Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. Item 4: Action Items B. Public Hearing: MCU 12-003 Southridge Subdivision Gravel Mining by Idaho Sand & Gravel Located South of W. Overland Road and the Ridenbaugh Canal and East of S. Ten Mile Road Within Future Development Areas of Southridge Subdivision Request: Modify the Time Period Allowed for the Gravel Mining Operation at Southridge Subdivision to Allow the Use to be Extended an Additioanl 18 Months. Freeman: Okay. The first thing I want to open is Item B. We are going to open the public hearing for MCU 12-003, Southridge Subdivision, for the sole purpose of continuing it to the September 20th Planning and Zoning Commission hearing. Could get a motion. Rohm: So moved. Marshall: Second. Freeman: I have motion and a second to continue the public hearing for MCU 12-003, Southridge Subdivision Gravel Mining. All those in favor say aye. Opposed? Motion carries. That item is continued. MOTION CARRIED: ALL AYES. Meridian Planning & Zoning Commission September 6, 2012 Page 3 of 17 A. Continued Public Hearing from June 7, 2012, and Request to Re-Notice: 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: And, then, I'm going to jump back to Item A at this point and open the public hearing for Capital Christian Wireless Communication Facility. This item has been withdrawn. I don't know if staff has any comments on it or if we just need to go ahead and get a motion to approve the withdrawal of the application. Marshall: Mr. Chair, I move the withdrawal of the application. Yearsley: Second. Freeman: I have a motion and a second to approve the withdrawal of the application for CUP 12-003, Capital Christian Wireless Communication Facility. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Freeman: Okay. Before I get into the rest of the items and opening those public hearings, I just want to review the process for those of you who maybe are not familiar with it. We will open each item and we will begin with the staff report and they will present to us how each item in their view meets the requirements of the Comprehensive Plan and the Uniform Development Code. Then the applicant will be asked to come forward and they will have 15 minutes to present their application. After that time if anybody wishes to offer public testimony we will give you up to three minutes to come and do so. There are sign-up sheets in the back which are being collected now. If you're on there I will go to those lists first for anyone that wishes to offer testimony. But when I'm done with the list I will ask if there is anybody else that wants to offer testimony, so you don't have to be on that. When the public testimony is complete the applicant has the option to, again, respond to anything that has been heard. You will be given ten minutes at that point. After which time we will close the public hearing, the Commissioners will deliberate, and we will, hopefully, be able to make a recommendation to the City Council. C. Public Hearing: AZ 12-007 Linder Church of Christ by Linder Church of Christ Located 1/2 Mile West of N. Black Cat Road on the South Side of W. Ustick Road Request: Annextion and Zoning of 21.82 Acres of Land with C-C (17.35 Acres) and R-8 (4.45 Acres) Zoning Districts. Meridian Planning & Zoning Commission September 6, 2012 Page 4 of 17 Freeman: So, with that I'd like to open the public hearing on AZ 12-007, Linder Church of Christ and begin with the staff report. Wafters: Thank you, Chairman Freeman, Members of the Commission. The first application before you tonight is for an annexation and zoning request. The site consists of 21.82 acres of land, currently zoned RUT in Ada County, and is located on the south side of West Ustick Road midway between Black Cat and McDermott. Adjacent land use and zoning. To the north is rural residential and agricultural properties, zoned RUT in Ada County. To the south are single family residences in Tricia's Subdivision No. 3, zoned R-4. To the east are more single family residences in Jayden Village Subdivision, zoned R-8. And to the west is rural residential property zoned RUT in Ada County. The applicant requests approval to annex and zone a total of 21.82 acres of land with C-C zoning district, 17.35 acres, and a C-C, and 4.46 acres in an R-8 zoning district. The proposed zoning is consistent with the future land use map designations for this site of mixed use commercial and medium density residential, with a neighborhood center overlay. A conceptual development plan was submitted that shows a 50,000 square foot church to be constructed with the first phase of development. The applicant has turned in some sample elevations for the church. There is also office and commercial shown here on the left and the multi-family and single family residential uses to be constructed in future phases. This site lies at the edge of the city sewer service area. Sewer service to develop the entire property will. not be available until a new sewer trunk line is installed from the west into this site. The timing for construction of the new trunk line is not known at this time. The Public Works Department has agreed that a private pressure sewer line would be allowed to serve the church building only, but future -- excuse me -- further development would not be allowed until the new trunk line is installed. At the time that gravity sewer is available this site will be required to cease their temporary pump station use and connect to gravity sewer at the developer's cost. The developer will also be required to spray line the existing sewer manhole located in West McMurtrey Street. A 25 foot wide landscape buffer is required along Ustick Road and the C-C zoned portion of the site that is adjacent to residential uses. Business hours of operation in the C-C district are limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. The Settlers Canal runs along the west boundary of this site. Unless improved as a water amenity or linear open space the canal is required to be piped unless waived by City Council. To deter access to the canal open vision fencing is required to be constructed along the canal unless it is improved as a water amenity as part of the development. A section of the city's multi-use pathway is planned along the east side of the canal. Access to the site is required to be provided via the two local streets that stub at the east boundary of the site, West McMurtrey and West Moonlake Drive. Direct access to Ustick Road is prohibited unless waived by City Council. They are showing one access to Ustick right there. Written testimony was received from Shawn Nickel, the applicant, in response to the staff report. The applicant is requesting a waiver from City Council to allow one direct access point to Ustick and a waiver to allow Settlers Canal to remain open and not be piped due to its large capacity. The staff is recommending approval with a development agreement with the provisions listed in Exhibit B of the staff report. Staff will stand for any questions. Meridian Planning & Zoning Commission September 6, 2012 Page 5 of 17 Freeman: Thank you, Sonya. Any questions of the staff at this time? O'Brien: Mr. Chair? Freeman: Commissioner O'Brien. O'Brien: One question. If access was granted off of Ustick can that be a temporary access to be rescinded later if that -- do I understand the complexity of what they are asking for? I'm not quite sure how that would work. Wafters: Commissioner O'Brien, Commissioners, the applicant is -- the code requires that access be taken from a local street when available to the site, which it is in this case. It can be waived by City Council for direct access to an arterial street as they are proposing. O'Brien: That would be a permanent -- it would become permanent if they would grant it. Wafters: Yes. Yeah. We are not talking about temporary access. O'Brien: Okay. All right. Thank you. Freeman: Any other questions? Okay. Would the applicant like to come forward? And, please, state your name and address for the record when you reach the microphone. Nickel: Good evening, Mr. Chairman and Commissioners. For the record Shawn Nickel, 1589 North Estancia Place, Eagle, Idaho. Here tonight representing the Linder Church of Christ congregation over there as you can see. Staff has done a great job at explaining the details of the project, so I'm not going to go into too many of those. As part of the process we are going to ask the Council for the waiver of that access to Ustick Road that is -- as you can see that's a very important part of the development. It would be one thing if the church was going to take access off those stub streets, but once you redevelop the rest of that property with commercial, multi-family, and single family, I don't see that -- those two existing local streets handling that capacity. We have been in discussions with ACRD and I don't know if we actually have an official staff report, but in discussion I believe they were going to recommend approval of that access. They did state that it could go to a right-in, right-out sometime in the future when growth in the area occurs. So, we are aware of that. Then the second waiver we are going to ask for is the piping of that -- of that Settlers Canal. It is quite a large canal and it would be cost prohibitive to pipe that. We have asked staff and staff I believe is in agreement to phase the improvements of the pathway and also phase the fencing of the canal to the future developments of that site. When we do develop the church we are going to have fencing between the church facility and the vacant lots -- or the remaining -- remaining portion of the parcel, but at this time we want to just postpone those -- Meridian Planning & Zoning Commission September 6, 2012 Page 6 of 17 those other improvements. We did visit with the Parks Department, they were okay with the pathway being phased and I'll let Sonya address the fence if she's okay or staffs okay with postponing that fencing of that canal as well. We want to thank your Public Works Department for working with us on that temporary pressure line. Without that we wouldn't be able to develop this property and it would probably stay in weeds for many years, because the future trunk line is unknown to service this -- this property permanently. With that I will stand for any questions that you have. Freeman: Thank you. Are there any questions of the applicant at this time? We don't have any yet. Well, thank you very much. Rohm: I have a question. Freeman: Commissioner Rohm, go ahead. Rohm: That canal at this time you want to waive piping it. Do you intend to make that into any kind of an amenity or -- or what are you going to do with it? Just leave it open? Nickel: Well, at this time, because of the conceptual plan -- see, all my clients really want to do is build the church. To meet the Comprehensive Plan we have to conceptually design the property for mixed use in the future. So, the concept plan we have shows office, commercial, and residential. Once those develop when the sewer line becomes available, then, you will see preliminary plats, you will see conditional use permits and at that time the detail on that can be -- can be addressed. I would like to see it improved. Rohm: The canal next to the church will be fenced -- Nickel: That is our intent, yes. Yeah. For safety reasons they are going to want to have fencing along -- especially along their open space to keep kids from wandering off into that area. Rohm: That's pretty important. Nickel: So, yes, that's very important to us as well. Rohm: Okay. Thank you. Nickel: But, yes, I would like to see that be a water amenity and hopefully in ten or fifteen years when that sewer comes they can address that. Rohm: All right. Thank you, Shawn. Nickel: Thank you. Meridian Planning & Zoning Commission September 6, 2012 Page 7 of 17 Freeman: Thank you. Any other questions? All right. Thank you very much. Okay. At this time -- Watters: Chairman Freeman? Freeman: Yes. Watters: Excuse me. I'm sorry. Freeman: Sonya, go ahead. Watters: I would like to add -- I forgot to mention I would like to make a recommendation that number 1.1.1 in the development agreement provisions that requires the fencing adjacent to the canal, there was no timing on that. I would like to add on that that the fencing be constructed in its entirety with development of the first abutting parcel as is the requirement for the pathway. Freeman: So, if I understand that right, what you said is it will be constructed in its entirety not along with the church construction, but as soon as one of those abutting parcels is going to be developed? Watters: Right. Thank you. Freeman: Okay. 1 think you said it clearly, I just want to make sure I understood it clearly. Thanks. At this time I'd like to open it up for any public testimony. I do have several people signed up who have indicated that they are for this application. One has signed up indicating that they are neutral. So, as I call your name it's not uncommon that some people will decide they don't want to offer public testimony, but just let me know when I call your name. Shawn Nickel. That was you. Oh, yes, it was you. Thank you. I can't tell if it's Fabian? Fabian Fraker? Butch Amyx. Ken Welch. Okay. Everybody's indicating they are in favor. Again, if you would like to offer testimony that's why I'm calling your names. Shelby Kinder. No comment? Nolan Fox. Wendell Welch. And Robert Robertson. Okay. I do have somebody else that wished to offer public comment. I can't read the name. Is that person here? Looks like the last name is Skinner perhaps? No comment. Okay. Was there anybody else here that wished to offer public testimony on this application? No one else? Okay. Normally we would have the applicant take another ten minutes if you'd like to address anything that's been said, but it sounds like everything is favorable or at least neutral. So, at this time could I get a motion to close the public hearing? O'Brien: So moved. Yearsley: Second. Meridian Planning & Zoning Commission September 6, 2012 Page 8 of 17 Freeman: I think I heard that. I have a motion and a second to close the public hearing on AZ 12-007, Linder Church of Christ. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Freeman: Any discussion? Marshall: Mr. Chair? Freeman: Commissioner Marshal. Marshall: I'd like to see the development. I'd like to see the church go in there. I think it's an appropriate location and make a great neighbor. Love to have one right behind my house. You know, that's great. I also fully understand the request that's going to go to Council for the additional access to Ustick. I'm typically very much against accesses to arterials, as I think everybody is aware, but in this case I would not want to see everybody going to commercial sites and things through the residences next door and for this to develop in that manner they are going to have to have -- in the manner that we are requesting a mixed use is going to have another access so that we are not filing everybody through the subdivision. Also.-- and I'm -- I like the. idea of allowing the fence not to be placed in until the very last -- the first abutting or adjoining parcel develops, then, it should be placed in. I'm for that as well. And, to be honest -- and I know it is just acomment -- and I know there is a lot of difficulty in legalities in working with the irrigation districts and things like that, but I know it sometimes has been done, you know, over in Caldwell, Ten Mile Creek, things like that, to start seeing some of these irrigation areas rather than even being tiled or just fenced off, they become somewhat of an eye sore. I'd really love to see somebody start utilizing these as a green space, open space, little flatten out and with some rocks and stuff and as you see it becomes an amenity, a green space with flowing water amenity, and it becomes rather attractive to everybody around. There is a lot of difficulties and legalities there and I know that won't necessarily happen, but other than that I'm for this. Freeman: Thank you, Commissioner Marshall. Anyone else? No other comments? Is somebody prepared to make a motion on this item then? Marshall: Mr. Chair? Freeman: Commissioner Marshall. Marshall: I move -- oh, let's see. Let me get back here. After considering all staff, applicant and public testimony I move to recommend approval of file number AZ 12-007 -- I believe that's this one. Right? Yes. As presented in the staff report for the hearing date of September 6, 2012, with the following modification, 1.1.1 have the addition -- additional verbiage of adding the fence adjacent -- it's to be completed in its entirety when the first butting parcel develops. Meridian Planning & Zoning Commission September 6, 2012 Page 9 of 17 Rohm: Second. Freeman: Okay. I have a motion and a second to recommend approval for AZ 12-007, Linder Church of Christ, with the aforementioned modification. All those in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: ALL AYES. D. Public Hearing: RZ 12-002 Cental Valley Baptist Church by Alan Baker Located 600 N. Ten Mile Road Request: Rezone of 15.6 Acres of Land from the L- O (Limited Office District) Zone to the C-C (Community Business District) Zone. Freeman: All right. The next item on the agenda is -- and I'd like to open the public hearing at this time for RZ 12-002, Central Valley Baptist Church, beginning with the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. Next item on the agenda this evening is Central Valley Baptist Church rezone application. The subject property consists of 15.65 acres, is currently zoned L-O in the city and is located at north 600 -- or 600 North Ten Mile Road. Adjacent land uses include Steve Eddy's, a convenience store to the north and some multi-family residential. To the east is planned single family residential currently in the hearing process. You acted on that. It was known as Canterbury Commons recently. Across Ten Mile to the west is agricultural land, rural residences zoned RUT in the county and to the south you have the railroad tracks and, again, agricultural uses zoned RUT in the county. On the right-hand side is the aerial of the area. It is a little bit dated from what's happened in the area consistently. This property is currently zoned mixed use community on the Comprehensive Plan. At the time in conjunction -- or not in conjunction with the church, but to the north that multi-family and that single family that I talked about earlier, this whole area is part of a mixed use designation and so in my analysis finding it to be compatible, I find that this church does add value to what's happening in the area. You do have a mix of residential uses to the north and to the east and as well as the Steve Eddy's as constructed and, then, just north of Steve Eddy's is some vacant commercial ground as well that could develop with other commercial uses or office uses to support the other uses occurring in the area. So, based on C-C zone that the application is requesting we find that it is consistent with the mixed use community designation. The applicant is merely requesting the rezone to increase the allowable signage for the property. They want the ability to have -- because they are on a visible corridor, North Ten Mile Road, it's something that they -- under the current zoning district they are held to a 50 square foot sign at eight feet in height. If the requested rezone is approved by Council their signage would increase to 70 square feet of background area and 15 square feet in height. I'd also point that the site plan and landscape plan and building elevations were not submitted with the application, again, because the site is currently developed with a church. There is no development plan before you this evening. Meridian Planning & Zoning Commission September 6, 2012 Page 10 of 17 would mention, too, that the rezone boundary itself is 15.65 acres, but the actual lot itself that can be developed on is 9.5 acres. And so they really are limited on what they can do on this site. You can see here in the aerial that the back half of the lot is not developed and it's the intention of the applicant as the church grows and gets more folks coming to the church they plan on expanding that site as well. I 'd also mention to the Commission that in 2003 with the annexation of the property the city did not require a development agreement. At that time it was conveyed to the city that they were going to develop the site with a church and that is what they proceeded with. So, tonight staff is supporting the rezone from L-O to C-C zone without a recommendation of a DA. I have not received any additional testimony and at this time I'd stand for any questions you have. Freeman: Thank you, Bill. Any questions of staff? Yearsley: I just -- for clarification. So the reason -- main reason for the rezone is so they can get a bigger sign? Parsons: Mr. Chairman, Commissioners, that is correct. Yearsley: Okay. Just wanted to make sure. Thanks. Freeman: Any other questions of staff? Would the applicant like to come forward. And, please, state your name and address for the record when you reach the microphone. Baker: Yes. My name is Alan Baker. 2287 West Whitelaw, Meridian. I represent the Central Valley tonight on the request to go commercial. What we have is a situation when you come over the railroad tracks it's high enough that you cannot see our sign until you're right on it and we are getting a number of people saying we cannot find you, since our property -- our buildings are so far off the main part of Ten Mile. By making a taller sign out there with the rezone we won't be confuse with the church across the street from us, Ten Mile Christian, and that's where people end up thinking -- they were looking for us. So, that's the idea is to get a bigger sign so we can be found. Freeman: Okay. Baker: Basically that's what our problem is. Freeman: All right. Anything further? Baker: No. I think that explains what we need. Freeman: All right. Any questions of the applicant? O'Brien: Not right now. Freeman: Okay. Thank you. Meridian Planning & Zoning Commission September 6, 2012 Page 11 of 17 Baker: Thank you very much, gentlemen. Freeman: I do have some people signed up. We just heard from Allen. Ross Mason. You're in favor, but you don't wish to offer testimony. Okay. Anybody else in the audience that wanted to offer any testimony on this item? No? Can I get a motion, then, to close the public hearing? Marshall: So moved. Rohm: Second. Freeman: I have a motion and a second to close the public hearing on RZ 12-002, Central Valley Baptist Church. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Freeman: Any discussion? O'Brien: I have -- Freeman: Commissioner O'Brien. O'Brien: I have actually -- my comment would be if all they need is a change -- or request to get a larger sign is there any other means available to -- a waiver or something like that to just allow them to have a larger sign, instead of having to go through a rezone, because rezoning always kind of concerns me, because once it's there it's there and you go to a commercial from L-O, whatever it is, that's -- that's a concern I have. Isn't there some other means that we can address to get at a larger sign instead of -- Freeman: Go ahead, staff. Friedman: Chairman, Members of the Commission, Commissioner O'Brien, I agree with you. We have had some discussions about whether a rezone is the appropriate mechanism just to get increased sign area. The long answer is no -- or the short answer is no. The long answer is Meridian sign code is written a little bit differently than many other jurisdictions. In some jurisdictions we -- they will tie the size of signs -- area of the signs, the allowable height, things like that, to particular types of uses. So, for a subdivision entrance you might get so many square feet and so many feet in height. For a commercial shopping center it might be something else. Or an office complex it might be something else. When the city adopted its sign code as part of the UDC they tied it to the zone districts. So, rather than kind of identifying it for specific uses they tied it to the zone districts and as the Commission may recall we went through and exercised -- or we amended -- did a pretty significant amendment to the sign code here a couple years back and in many ways we liberalized it, but certainly the -- a variance Meridian Planning & Zoning Commission September 6, 2012 Page 12 of 17 would not be appropriate and the only other thing would be -- particularly in this case I wouldn't recommend it -- there might be some way of developing some form of an administrative waiver or approval of something like that. That's a larger discussion we need to have with the Commission and the Council. But, typically, when you have some kind of an administrative waiver or variance it's for a very minor increase and it doesn't get the kind of increase that they want on that. So, regrettably, the rezone is the only request and as Bill pointed out in the staff report, if we had a larger parcel, if it was -- you know, there was more development potential, if you will, with a larger blank slate, then we certainly can tie them down in the future to development agreements should this come up again, you know, or development agreement that development on the site shall stay as exists now and if, you know, future development, other than church, use is proposed, then, you come back for a development agreement modification. There is still mechanisms to get at your concern, but the long winded answer to your question is, no, there really isn't any other way to get them the increased signage. O'Brien: So, what I hear you saying hearsay, then, consequences are not that negative if we approve to go to a C-C. Friedman: Yes. That's -- in this case, based out the facts and based on the conditions and the circumstances of this particular application, this particular site, that's correct. O'Brien: Okay. That's all I have. Thanks. Freeman: Okay. Any other -- well, we are not at that point. We are asking questions. But we asked a question. Any other comments on the application? I will take a motion then. Yearsley: Mr. Chairman? Freeman: Commissioner Yearsley. Yearsley: After considering all staff, applicant, and public testimony, I move to recommend approval of file number RZ 12-002 as presented in the staff report for the hearing date of September 6, 2012 ,with no modifications. Marshall: Second. Freeman: I have a motion and a second to recommend approval for RZ 12-002, Central Valley Baptist Church. All those in favor say aye. Opposed? Motion carries. Thank you very much. MOTION CARRIED: ALL AYES. E. Public Hearing: CUP 1-007 ICCU at Gateway Marketplace by Idaho Central Credit Union Located Southeast Corner of N. Eagle Road and E. Ustick Road Request: Conditional Use Meridian Planning & Zoning Commission September 6, 2012 Page 13 of 17 Permit Approval for aDrive-Thru Establishment (Bank with Drive-Thru) in a C-G Zoning District. Freeman: At this time I'd like to open the public hearing for CUP 12-007, Idaho Central Credit Union, beginning with the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. Next item is a conditional use permit to establish adrive-thru business within 300 feet of another drive- thru business. This property lies within the southeast corner of Gateway Marketplace Subdivision No. 2, which is near the southeast corner of Ustick Road and Eagle Road. Presently there are two platted lots that the bank is to sit on and those were platted in 2007 with a final plat. Surrounding properties around here is all C-G. There is no residential in the near vicinity and is primarily commercial around the entire facility. It's just north of the new Rosauers that was built out there a year and a half or so ago. Here is the site plan that they are proposing this evening. I would mention that the bank site -- the bank itself will be 5,325 square feet. The pad size is approximately 1.02 acres in size and all the accesses and the cross-access were in place with the recording of the subdivision. So, there is cross-access throughout the subdivision and the access point that you see currently in that aerial exists today. I'd also mention to you that the parking lot, the landscaping and the dimensional standards for the drive-thru comply with all city ordinances. Therefore, staff has no recommended changes to the site plan that's before you this evening. So, it is a fairly clean application. And, then, here are the elevations that the applicant is proposing. It will be a mixture of brick, metal paneling, more of your contemporary style, but if you look at the other buildings out there it looks like it is pretty compatible with the stucco and the rock that they have existing. Staff has conditioned in the staff report that once the future CZC that elevations substantially comply with these renderings. I'd also move back -- it's hard to see on this site plan, but right now the way these lots are -- exist and the way the sewer and water easements run through the property, the proposed location of the building would be built over water and sewer easements. So, what the applicant has done is -- and what we have conditioned them to do is get approval of a vacation application so they will have to vacate the existing easements that were platted with the final plat and, then, reroute and establish new easements for Public Works and they have demonstrated that on this site plan how they would do that. I'd also mention to Commission that there is a vacation application in process to make that happen and that is scheduled for City Council at the end of the month. Staff has not received -- has received verbal agreement from the applicant that they are in agreement with the conditions as stated in the staff report. Staff has not received any other testimony on the application and at this time I would stand for any questions you have. Freeman: Thank you, Bill. Any questions of staff? Yearsley: Mr. Chairman? Freeman: Commissioner Yearsley. Meridian Planning & Zoning Commission September 6, 2012 Page 14 of 17 Yearsley: So, it's just a pure easement right now, there is no utilities in that -- in that easement or are they going to have to relocate utilities as well? Parsons: Chairman, Members of the Commission, yes, there are utilities in the ground right now and in order to expedite -- they are on a tight timeline and what we have done is --obviously, they have got to move that during the construction. We don't want them to go in and move the utilities and, then, start construction again. So, we had to be a little bit flexible here, so what we have done is process the vacation application, we have agreed to allow them get their building permit, get under construction, with a condition that prior to getting occupancy of a building those new easements need to be in place, those water lines and sewer lines need to be inspected by our Public Works Department, and they have to have a new recorded easement accepted by the Public Works Department as well. So, it is conditioned appropriately to meet all the needs of the city and the applicant. Yearsley: Okay. Thank you. Freeman: Other questions? O'Brien: Mr. Chair? Freeman: Commissioner O'Brien. O'Brien: Thank you,. So, Bill -- this is probably -- and it may not even been the right time, but the difference between one type of a drive-thru and another -- for instance, a fast food versus a bank, the hours are generally completely different, the type of usage of the drive-thru are different. Your -- I think that fast food restaurants -- not pointing out McDonald's, but other fast food restaurants as well, seem to be more higher level of noise versus a bank and so I'm wondering if the differentiation between -- between these two is -- is not appropriate, the 300 foot minimum and so the whole reason of this applicant here is -- is the CUP is required because of that fact alone. This is not going to be settled here, but I just wanted to point that out as I think it's somewhat unfair to some establishments that have to go through this process, because of the type of establishment they are, namely, a bank versus a fast food. I could see there being an issue between two fast food restaurants close together and we have approved them before, but we have also denied, but this is -- I have a concern with that, that I think it's inappropriate to have that as a -- I don't know, a stopping point. Freeman: Okay. Comments for the record really. Okay. Have we got anybody else? Would the applicant like to -- oh. I was looking at an empty room over here. There is the applicant. If you'd like to come forward. Please state your name and address for the record. Thomas: Mr. Chairman, Fellow Commissioners, Mike Thomas, LCA Architects. I am the representative for the Idaho Central Credit Union. We -- my office is 1221 Shoreline Drive, Boise, Idaho. Meridian Planning & Zoning Commission September 6, 2012 Page 15 of 17 Freeman: Can I take an office address or do we need to have home address? Okay. Good. Thank you. Go ahead. Thomas: Basically the application speaks for itself. The Idaho Central Credit Union is pursuing a high quality building, a fairly large square foot footprint that they have used on other of their facilities. We are modeling it off of our additional Park Center Branch design that is in Boise, Idaho, currently on Park Center and I feel that it's -- it's high quality materials and brick veneer, metal composite panels, as well as other composite panels and with some decorative sun control devices. We have tried to create a condition of the drive-thru that wasn't facing Ustick. However, the plan did not work. have tried several new means of trying to get better circulation with the client's wishes to move the building forefront and not have the drive-thru forefront on the property, but the function of the parking and the circulation through their drive-thru lanes and the number of drive-thru lanes did not work efficiently and so we resolved to end up the way it is and feel it functions well. We meet the drive-thru ordinance and as well as it's well landscaped and actually increases the buffer off of Ustick for that landscape buffer. So, with that said we have tied into Rosauers' cross-access agreement on the south property and we will also pursue that vacation of the sewer and water easement as we proceed under construction mainly so the developers do it before us, we are going to use our own construction manager and be reimbursed by the developer, as understand it, and proceed through those processes as we are under construction to get it vacated and recorded. With that that's about all I have. Freeman: Thank you. Are there any questions of the applicant? All right. Thank you very much. Thomas: Thank you. Freeman: I don't have anybody signed up to offer public testimony. Is there anybody out there that wishes to offer public testimony on this item? I'm assuming no. Okay. Could we get a motion to close the public hearing? Yearsley: Mr. Chairman? Freeman: Commissioner Yearsley. Yearsley: I move that we close public hearing for CUP 12-007, ICCU at Gateway Marketplace. Marshall: Second. Freeman: I have a motion and a second to close the public hearing on CUP 12-007, ICCU at Gateway Marketplace. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Meridian Planning & Zoning Commission September 6, 2012 Page 16 of 17 Freeman: Any discussion? Marshall: Mr. Chair? Freeman: Commissioner Marshall. Marshall: I'm all for it. I think it's an attractive building and appropriate with the surrounding area and I'm kind of glad we get to see these 300 foot drive-thrus, because do worry about traffic. In this case it's not going to be a problem, but that's just my take on it. I think it's because of traffic issues and the like. But in this case I have to agree with -- I think earlier sentiment was that there really wasn't any issue here. I'm all for it. Freeman: Thank you. Anyone else? Can I get a motion? O'Brien: Mr. Chair? Freeman: Commissioner O'Brien. O'Brien: After considering all staff, applicant, and public testimony, I move to approve file number CUP 12-007 as presented in the staff report for the hearing date of September 6, 2012, with no modifications. I further move to direct staff to prepare an appropriate findings document to be considered for the next Planning and Zoning Commission hearing on September 20th, 2012. End of motion. Marshall: I'd like to second that. Freeman: I have a motion and a second to recommend approval for CUP 12-007, ICCU at Gateway Marketplace. All those in favor say aye. Opposed? Motion carries. Thank you very much. MOTION CARRIED: ALL AYES. Freeman: That was the last item on our agenda. However, Pete, I'd like to turn this over to you to mention some things to us before we go. Friedman: Thank you, Mr. Chairman, Members of the Commission. If you haven't received an a-mail today, you should have, and if you don't let me know, but the Idaho Chapter of the American Planning Association is -- will be holding their annual conference in Boise in early October and I have the dubious honor of having been volunteered and drafted onto the program committee, so I have been fairly heavily involved in it. But I just wanted to make you aware that it will be occurring primarily on October 11th and 12th. October 10th will be registration and a reception, but full day of program on October 11th and half day of programs on Friday, October 12th, including a mobile tour of Kleiner Park. Actually, the City of Meridian will have two items on there, Meridian Planning & Zoning Commission September 6, 2012 Page 17 of 17 the mobile tour of Kleiner Park and, then, we are doing a panel on the whole south Meridian planning process on citizen involvement and, then, tangentially we will be part of a discussion on the whole Airport-Overland Road planning exercise that went on and so those are, you know, kind of showcasing some of Meridian's activities and in addition our consultant for south Meridian and our staff has submitted an award nomination for public involvement for south Meridian. So, we will see how that goes. But, anyway, if you're interested in attending let me know, we will get you registered. The program should be coming out again, as I said, within the -- today was the announcement of it. didn't have a chance to look and see if they attached the program to it, because there has been multiple a-mails flying back and forth on all the minutia of trying to get the program put together. So, once you get that let me know. Four tracks ,healthy communities, transportation, sustainability, and something else. I can't even remember what it is. But it's going to be a real potpourri of information, everything from land use -- legal land use update, land use law in Idaho, we have to aim it at a pretty broad audience trying to avoid being very sort of Treasure Valley centric, so we have got speakers coming in from Wood River Valley, we even got a group coming in from Kootenai county to talk about some of the issue they are dealing with there. And we have a speaker talking about sustainability efforts that are going on in Fremont county, up in the Yellowstone area. So, a little bit of mixed bag of everything. So, anyway, if you get that let me know and we will get you registered. Freeman: Okay. Thank you, Pete. One more motion. Marshall: Mr. Chair? Freeman: Commissioner Marshall. Marshall: I move we adjourn. Rohm: Second. Freeman: I have a motion and a second to adjourn. All those in favor say aye. Opposed? Didn't think so. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED CL1l~TT CQCCRAnA~ r~uei~nnnni ~ f erJerS ~'~'~ , ~~`Ce. ehct.~'1^ ATTEST: JAYC E HOLMAN, CITY CLERK ~~~~ ~~ DATE APPROVED O~O~,TED A UCGSr{t y~~ ~~ city of ~E IDIAN r~~IDAHO m~ SEAL a ~F'. P 'TR O R^/ jde TAF ~SV~O Meridian Planning Zoning Commission Meeting DATE: September 6, 2012 ITEM NUMBER: 3A PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 16, 2012 Planning and Zoning Commission Meeting MEETING NOTES ~v~d CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting p DATE: September 6, 2012 ITEM NUMBER: 4. PROJECT NUMBER: CUP 12-003 ITEM TITLE: Capital Christian Wireless Communication Facility Continued Public Hearing from June 7, 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 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: September 6, 202 ITEM NUMBER: 46 PROJECT NUMBER: MCU 12-003 ITEM TITLE: Southridge Sub Gravel Mining Public Hearing -Modify the time period allowed for the gravel mining operation at Southridge Sub to allow the use to be extended an additional 18 months by Idaho Sand & Gravel -south of W. Overland Road and the Ridenbaugh Canal 8~ east of S. Ten Mile Road w/in future development areas of Southridge Sub MEETING NOTES O~ ~--~ r1 V -ed '}-O °I ~ ~ C7 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: September 6, 2012 ITEM NUMBER: 4C PROJECT NUMBER: AZ 12-007 ITEM TITLE: Linder Church of Christ Public Hearing -Annexation and Zoning of 21.82 acres of land with C-C (17.35 acres) and R-8 (4.46 acres) zoning districts by Linder Church of Christ - 1 /2 mile west of N. Black Cat Road and south side of W. Ustick Road MEETING NOTES - ~h c~LVr~ N ~ C1L-21 (Q(~ ~ 1, c~,r, ~ J ICI o ~ u bl 1C, -~5~- ~ m v r~ y CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: September 6, 2012 ITEM NUMBER: 4D PROJECT NUMBER: RZ 12-002 ITEM TITLE: Central Valley Baptist Church Public Hearing -Rezone of 15.65 acres of land from the L-O (Limited Office District) zone to the C-C (Community Business District) zone by Alan Baker - 600 N. Ten Mile Road MEETING NOTES ~ .II I~c~.rs o~ S ~~ c'~n ~o~~L2~ ~ (-~pp\ t Can ~-- R.t.p ~~ ~ v b 1 ~ C. Cc~m rner~ ~-- CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: September 6, 2012 ITEM NUMBER: 4E PROJECT NUMBER: CUP 12-007 ITEM TITLE: ICCU at Gateway Marketplace Public Hearing -Conditional Use Permit approval for adrive-thru establishment (bank with drive-thru) in a C-G zoning district by Idaho central Credit Union -SEC of N. Eagle Road and E. Ustick Road MEETING NOTES ~~~, r QrSo-'1S 11L ~, ~h ~ r~ a.S 1. -~ T~ P1 ~ c~.,r, + Rely y ~p pwv~~(, ~c~ -~~ a-urt2 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS