2012 09-20Meridian Planning and Zoning Commission September 20, 2012
Meeting of the Meridian Planning and Zoning Commission of September 20, 2012, was
called to order at 7:00 p.m. by Chairman Scott Freeman.
Present: Commissioner Tom O'Brien, Commissioner Steven Yearsley and
Commissioner Joe Marshall.
Members Absent: Chairman Scott Freeman and Commissioner Michael Rohm
Others Present: Machelle Hill, Ted Baird, Bruce Chatterton, Sonya Wafters, and Dean
Willis.
Item 1: Roll-Call Attendance:
Roll-call
X Steven Yearsley X Tom O'Brien
Michael Rohm X Joe Marshall
Scott Freeman -Chairman
Yearsley: Good evening, ladies and gentlemen. At this time we would like to call to
order the regularly scheduled meeting for the Meridian Planning and Zoning
Commission dated on September 20th, 2012. Let's begin with roll call.
Item 2: Adoption of the Agenda.
Yearsley: Thank you. The first thing on the agenda is the adoption of the agenda. Can
I get a motion to adopt the agenda?
Marshall: Mr. Chair, I move that we adopt the agenda as written.
O'Brien: Second.
Yearsley: It has been moved and seconded to adopt the agenda. All in favor say aye.
Motion carried.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Item 3. Consent Agenda Approved
A. Approve Minutes of September 6, 2012 Planning and Zoning
Commission Meeting
B. Findings of Fact and Conclusions of Law for Approval: CUP 12-
007 ICCU at Gateway Marketplace by Idaho Central Credit Union
Located Southeast Corner of N. Eagle Road and E. Ustick Road
MERIDIAN PLANNING & ZONING
SEPTEMBER 20, 2012
PAGE 2 of 9
Request: Conditional Use Permit Approval for aDrive-Thru
Establishment (Bank with Drive-Thru) in a C-G Zoning District
Yearsley: The next item on the agenda is the Consent Agenda and at this time we have
two items on the Consent Agenda and they are the approval of the September 6th,
2012, Planning and Zoning Commission meeting minutes and, then, the Findings of
Facts and Conclusions of Law for the approval of CUP 12-007, ICCU at Gateway
Marketplace by Idaho Central Credit Union. Do we have any changes to those?
O'Brien: I have none.
Marshall: No, sir.
Yearsley: If that's the case, can I get a motion to adopt the Consent Agenda?
O'Brien: I will move to adopt.
Marshall: Second.
Yearsley: It's been moved and seconded. All in favor say aye. Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Yearsley: At this point we will open the public hearing process. Let me explain a little
bit about the public hearing process before we get forward with this. We are going to
open each item one at a time. We will start off with the staff report and they will, you
know, prepare -- you know, identify the findings regarding how it is -- the items adhere
to the Comprehensive Plan and Uniform Development Code with staffs
recommendations. At that point the applicant will come up -- come forward to present
their case for the approval of the application and respond to any staff comments. The
applicant will have up to 15 minutes to respond and, then, we will open it up to public
testimony. There is a sign-up sheet in the back if -- if as you enter anyone wishing to
testify can write your name there. Any person testifying will come forward and be
allowed three minutes. If they are speaking for a larger group, like an HOA, they will be
allowed -- they will be allowed ten minutes. After the testimony has been heard the
applicant will have an opportunity to come for -- to respond if they desire for up to ten
minutes. Then we will close the public hearing and the Commission will have an
opportunity to discuss and make recommendations to Council.
Item 4: Action Items
A. Continued Public Hearing from September 6, 2012: 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
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SEPTEMBER 20, 2012
PAGE 3 of 9
for the Gravel Mining Operation at Southridge Subdivision to
Allow the Use to be Extended an Additional 18 Months
Yearsley: At the time I'd like to open the public hearing for the continued public hearing
from September 6th, 2012, MCU 12-003, Southridge Subdivision gravel mining by Idaho
Sand and Gravel. And at this point we would like to have the -- begin with the staff
report.
Watters: Thank you, Chairman Yearsley, Members of the Commission. The first and
only application for you tonight is a conditional use permit modification for the
Southridge Subdivision gravel mining. This site consists of 76 acres of land. It's
currently zoned R-2, R-4 and R-8 and is located south of West Overland Road,
southwest of the Ridenbaugh Canal and east of South Ten Mile Road, within future
development areas of Southridge Subdivision. Adjacent land use and zoning. To the
north is Overland Road and vacant land zoned R-4, R-8 and TN-R. To the south are
rural residential properties in Val Vista and Aspen Cove Subdivisions, zoned RUT and
R-1 in Ada County. To the east is vacant land in the development process, zoned R-4,
and R-8. And to the west are rural residential properties zoned RUT in Ada County and
Overland Road and vacant land in the development process, zoned R-8. A little history
on this site. This property was annexed in 2007 with a development agreement and
preliminary plat for single family residential lots as part of Southridge Subdivision. A
conditional use permit was approved by the Commission on February 3rd, 2011, for an
interim use of construction sand and gravel mining on the site. The use was approved
for 18 months and expired on August 3rd of 2012. Prior to the expiration day the
applicant did submit a request for a modification to the conditional use permit, the
application that's before you tonight, to allow an additional 18 month period of time for
the construction sand and gravel mining use to operate on the site. The applicant's
narrative states that since the original approval a berm has been constructed along
portions of the southern boundary that is now vegetated, which has helped to reduce
noise and dust impacts from the site. Stockpiles and crushing equipment have also
been placed at the bottom of the excavated area to reduce noise. Eight hundred feet of
road into the site has been paved to reduce dust. And materials from the site have
been used in 24 public and private projects in Meridian. The remaining work on the site
consists of excavation and grading on the southwest portion of the site in accord with
the reclamation plan to ready the site for development of Southridge Subdivision. The
applicant plans to complete the remaining work within the next 18 months. Todd Lakey,
the applicant's representative submitted written testimony in response to the staff report.
The applicant would like the option of being able to request another extension if
circumstances support it. As it's written now there is a conditional -- condition in the
staff report that says this is their last time extension and that the site be reclaimed at the
end of the 18 month period. Due to the applicant's proven commitment to working with
the neighbors on issues that arise due to work on the site, staff recommends approval
of extending the use for the period of time requested by the applicant, subject to the
terms of the original conditional use permit as contained in Exhibit B. However, the staff
does recommend, as I stated, that no further extensions be allowed. Staff is
recommending one change to condition 1.1.2. It just -- it was in the findings of the last
MERIDIAN PLANNING & ZONING
SEPTEMBER 20, 2012
PAGE 4 of 9
report and it just inadvertently did not get in this one. The text reads as follows: The
Commission approved extended hours of operation solely for the removal of material
from the site on the nonholiday weekdays, Monday through Friday, between the hours
of 6:00 a.m. and 6:00 p.m. All other operations shall occur between the hours of 8:00
a.m. and 5:00 p.m. on nonholiday week days, Monday through Friday. That's all staff
has, unless the Commission has questions.
Yearsley: Thank you very much. Any questions?
O'Brien: I have none.
Marshall: No. No, I don't.
Yearsley: Okay. At this time we would like to ask the applicant to come forward. And if
you would, please, state your name and address for the record, please.
Lakey: Thank you, Commissioners. My name is Todd Lakey. My address 141 East
Carlton here in Meridian, Idaho. Commissioners, good evening. Again, Todd Lakey
here on behalf of Idaho Sand and Gravel. And, for the record, would like to express my
appreciation to your commitment to public service for being here on a football game
night. That probably applies to everyone in the room. With that I will also keep my
comments brief this evening. I certainly won't use up all 15 minutes. Commissioners,
as Sonya stated, initially this was an application for a conditional use permit for three
years. This Commission decided at the time of the underlying hearing to limit that to 18
months, with the understanding that if we needed additional time that we would come
back at a hearing to seek that additional time. That's what brings us here today. This
application and the previous operations had the benefit of bringing this property into
compliance -- or portions of the property into compliance with the approved uses and
grading plans that are needed for the future development of the approved uses on the
property. It also provides a benefit of providing local gravel resources for projects in the
Meridian area. That means lower cost to the consumer, lower cost to the Idaho Sand
and Gravel, and also fewer trucks on the road for fewer miles. The Commission initially
approved this for 18 months and Idaho Sand and Gravel is a responsible company and
we looked at that as an opportunity to show that we are a responsible and responsive
company as we have operated for the last 18 months. We have provided, as Sonya
stated, resources to over 24 projects in the Meridian area and we have received only
two phone calls from our neighbors during that period of time and we have been
responsive to phone calls, addressed them quickly and promptly. At our neighborhood
meeting those that have arrived and participated in the meeting were supportive
generally of our application and appreciative of that responsive approach that we have
total. We really think this is a win-win not only for Idaho Sand, but for the community in
how its moved forward. I would like to thank Sonya for her recommendation of approval
and recommendation of Idaho Sand's commitment to that responsibility. We aren't
asking for any changes to the previous conditions, other than the extension of time. So,
we operate under the same conditions that were previously approved. The previous
analysis that you engaged in and the findings that you made to approve this project still
MERIDIAN PLANNING & ZONING
SEPTEMBER 20, 2012
PAGE 5 of 9
apply. Those facts haven't changed. We are asking that you modify the language in
condition 1.1.18, specifically removing a language that says no further extensions would
be allowed. Commissioners, I guess on any project you can take a worst case
scenario approach where a worst case scenario being we come forward and you listen
to the testimony and evidence and you decide, no, we are not going to give you an
extension. That's worst case scenario. Best case scenario I think is more appropriate
to look at. We don't know what the future holds. Our plan is to conduct and complete
our operations in three years as we initially proposed. That's our plan, that's out intent.
But, again, we don't know what the future holds. If all of the site is not excavated based
on the market and there is some need, whether it be approval of the Meridian
interchange or something close by, I would hate to see you remove your discretion and
ability to -- or try to remove that ability back to hearing. We still have to come back for a
hearing and ask you for an extension. Again, that's not our plan, we will have to see
what that looks like in 18 months and if there is a good reason. We understand staff
may have some reservations and would scrutinize that application more closely. But,
again, I wouldn't want you to try to remove that discretion that you have and limit that
ability to at least consider a hearing and, again, we know we have to have pretty darn
good reasons and good circumstances to come forward with an additional request.
With that, Commissioners, we appreciate the recommendation of approval ask for your
concurrence of that recommendation and I would stand for any questions.
Yearsley: Any questions?
Marshall: Mr. Chair, I do.
Yearsley: Okay.
Marshall: I'm curious. About what percentage of the total gravel that is to be removed
has been removed?
Lakey: Commissioner Marshall, if I might confer with my client a little bit. I'm not sure
about that, so I will see if I have it for you.
Marshall: Thanks.
Lakey: Mr. Chairman and Commissioner Marshall, very rough figure about 40 percent.
Marshall: Thank you.
Yearsley: Thank you very much.
Lakey: Thank you, Commissioners.
O'Brien: I don't have anything.
MERIDIAN PLANNING & ZONING
SEPTEMBER 20, 2012
PAGE 6 of 9
Yearsley: Sorry. At this point I have got names on the list -- sign-up sheet. Steve
Prisbos.
Prisbos: Prisbos.
Yearsley: Prisbos.
Prisbos: Steve Prisbos. I live at 2530 South Del Rey Lane. I have probably the biggest
frontage in the back on this project and they have been very very good neighbors. Any
little thing that I had, any problem, they contacted me within a half hour after I called.
mean they keep the roads clean, I don't see any rocks, you know, because a lot of times
gravel work, you have rocks and, then, you throw up on your car -- I mean they have
been -- they have just been -- you actually don't even know that they are working behind
you. That's how -- that's how good they have been working. I hope you approve
whatever they need. Thank you.
Yearsley: Excuse me. Can I ask you one question?
Prisbos: Yes, sir.
Yearsley: I guess the applicant's asking to have us allow them to extend it beyond
another 18 months if necessary. Do you have issues with that?
Prisbos: No, do not.
Yearsley: Okay.
Prisbos: And I'm speaking for two other people that can't be here today.
Yearsley: Susan, do you want to -- okay. Eric? Okay. Anybody else want to -- at this
point I will entertain a motion to close the public hearing.
Marshall: Mr. Chair, I move that we close the public hearing on MCU 12-003.
O'Brien: Second.
Yearsley: I have a motion and a second to close the public hearing on MCU 12-003,
Southridge Subdivision gravel mining by Idaho Sand and Gravel. All in favor say aye.
Opposed? Motion carried.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Yearsley: Tom?
MERIDIAN PLANNING & ZONING
SEPTEMBER 20, 2012
PAGE 7 of 9
O'Brien: I have a question of staff if I may. Sonya, what is the basis for not allowing a
further extension? What -- is there something in the zone that says we can't or -- I
guess I don't have enough specifics on that to understand why.
Watters: Chairman Yearsley, Commissioner O'Brien, there is nothing in the code that
prohibits it. This use was approved as an interim use only and mainly for the residents'
sake adjacent to the site staff felt it appropriate that the use not be extended further
than that. But there is nothing in the code that would prohibit it.
O'Brien: Okay. One other thing. So, the -- right now, according to the application, the
applicant has based -- his needs are based on speculation. That being said, are ours
also being based on speculation of the needs we probably don't need to have that
service any longer than the allotted time we given them already?
Watters: Pure speculation, Commissioner O'Brien, but from the appearance of -- not
many folks in the audience tonight and the ones here, you know, supporting the
application, that speaks pretty well for the applicant.
O'Brien: That's all I have.
Yearsley: Thank you.
Marshall: Mr. Chair, if I could?
Yearsley: Commissioner Marshall.
Marshall: A couple things. You know, at first I was pretty torn on whether or not to even
consider extending or offering another extension. I fully understand why we would want
to limit any further extensions, because, again, it is an interim item and we could extend
on and on and on and we can see uses for gravel from now until the end of time. And
the fact that if there isn't the availability of another extension that would light a fire under
somebody to try to get that gravel moved quickly and I understand the time frame and it
could be done -- you may have to lower the price of the gravel a little bit. But, then,
again, after seeing absolutely no written testimony by any -- any of the neighbors,
knowing that it's maybe a difficult night to make it in, but the only verbal testimony is
very positive and, actually, a glowing review of sand and gravel and I am very
impressed with that and I'm -- I pray that everyone along there feels the same. I'm all
for this. And, to be honest, given the fact that we are at 40 percent of the total volume
at this time, I would guess it's probably going to go in 18 months, but if they needed
another couple of months and with the neighbors being okay with it, I would even
consider another extension if that was necessary, considering we have already moved
40 percent of it. So, that's where I'm at with this.
Yearsley: Thank you. I have a tendency to agree, too. That's why I asked the resident
back here, because ultimately it's in their backyard and I wanted to make sure that they
were comfortable if we allowed them to go forward for another extension that they would
MERIDIAN PLANNING & ZONING
SEPTEMBER 20, 2012
PAGE 8 of 9
be okay with that. But where they have been doing such a great job, which I'm glad
they did, because the first public hearing was a little tense, so -- but I have a tendency
to agree.
O'Brien: Just a question, Mr. Chair. Is -- if we allowed this request that they might want
to extend another 18 months, where do we draw then? Is that going to be it? Do we
say it's open for that, but we can't go any further than that? How do we --
Marshall: They would have to come back here and make application to extend it
further.
O'Brien: I just wanted to make sure it wouldn't be on this one, so -- okay. I'm okay with
it.
Yearsley: I think at this point they are going to -- it's only going forward for 18 more
months and, then, they need to come back for another extension if necessary.
O'Brien: Oh, maybe I'm misreading this. I thought the -- we were going to -- the
request is for 18 months from now, but aren't they asking for something beyond that?
No?
Marshall: Asking for the ability to ask again.
O'Brien: Oh. That's what I'm saying. Okay. Okay. All right. I'm good.
Marshall: All right. Then, I guess, Mr. Chair?
Yearsley: Commissioner Marshall.
Marshall: After considering all staff, applicant, and public testimony, I move to approve
file number MCU 12-003 as presented in the staff report for the hearing date of
September 20th, 2012, with the following modifications: First, I'd like to add -- I'm sorry,
I did not get the verbiage that Sonya had on 1.1.2 and adding -- but I'd like to add that
verbiage that she had earlier, because it was in the original development agreement or
original agreement and, then, I'd also like to strike the 1.1.18, allowing -- I would like to
allow the ability to request further extensions in the future if they are necessary.
Yearsley: I have a motion. Do I have a second?
O'Brien: Second.
Marshall: And I'd like to finish my motion here just a second.
Yearsley: Sorry.
MERIDIAN PLANNING & ZONING
SEPTEMBER 20, 2012
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Marshall: I further move to direct staff to prepare an appropriate findings document to
be considered at the next Planning and Zoning Commission hearing of September -- oh,
what is it going to be?
Yearsley: No.
Marshall: October 4, 2012.
O'Brien: Second.
Yearsley: Okay. It's been moved and seconded. All in favor say aye. Opposed?
Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Yearsley: I think we with that we have one motion left.
Marshall: Mr. Chair, I move that we adjourn.
O'Brien: Second.
Yearsley: All in favor?
MOTION CARRIED: THREE AYES. TWO ABSENT.
Yearsley: We are adjourned.
MEETING ADJOURNED AT 7:21 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
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