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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 MERIDIAN PLANNING & ZONING 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 PAGE 9 of 9 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.) APPROVED /o ~ G/ ~~a~.2 STEVE YEARSLEY - V - CH AN DATE APPROVED ATTEST: ~oa,,TED.~L~ • ~G~ Gs ,~ ~ , ~~~ ~.p~,Gtyof j~S JAYCEE HOLMAN, CITY CLERK ~--'~iLE II~IAN c~ ]i~~ E~'~NO ~~16, S~~L, i +•~~~~ S~El511tE~s`e