2012 12-20E IDIAN~-- MERIDIAN PLANNING AND ZONING
I o ~+- H O COMMISSION MEETING
AMENDED AGENDA
Roll-call Attendance
Thursday, December 20, 2012 at 7:00 p.m.
X Tom O'Brien
X Michael Rohm
X
2.
3.
4.
City Council Chambers
33 E. Broadway Avenue, Meridian, Idaho
_O Steven Yearsley
_X Joe Marshall
Scott Freeman -Chairman
Adoption of the Agenda Approved as Amended
Consent Agenda Approved
A. Approve Minutes of December 6, 2012 Planning and Zoning
Commission Meeting
B. Findings of Fact and Conclusions of Law for Approval: CUP
12-018 Tates Rents by John Day Located at 203 S. Main Street
Request: Conditional Use Permit Approval to Operate an
Equipment Rental, Sales and Service Use in a C-G Zoning
District
Action Items
A. Continued Public Hearing from December 6, 2012: ZOA 12-003
Sign Code Text Amendment by City of Meridian Community
Development Planning Division Request: Amend Sections of
the City's Current Standards for Signs Recommend Approval
to City Council
B. Public Hearing: AZ 12-014 Tomorrow's Hope by Thair Pond
Located East Side of N. Meridian Road and South of E. Ustick
Road Request: Annexation of 6.99 Acres of Land from RUB
and R-1 in Ada County to the R-8 (Medium-Density Residential)
Zoning District Recommend Approval to City Council
C. Public Hearing: CUP 12-020 Tomorrow's Hope by Thair Pond
Located East Side of N. Meridian Road and South of E. Ustick
Road Request: Conditional Use Permit Approval to Operate a
Meridian Planning and Zoning Commission Meeting Agenda -Thursday, December 20, 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.
Nursing Care Facility Consisting of Two (2) Buildings on 1.9
Acres in a Proposed R-8 Zone Recommend Approval to City
Council
D. Public Hearing: PP 12-016 Fall Creek Subdivision by Coleman
Homes, LLC Located South of W. Overland Road on the East
Side of S. Linder Road Request: Preliminary Plat Consisting of
296 Building Lots and 32 Common /Other Lots on 110.54
Acres of Land in an R-8 Zoning District Continue Public
Hearing to January 17, 2013
Adjourned at 8:05 p.m.
Meridian Planning and Zoning Commission Meeting Agenda -Thursday, December 20, 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 December 20, 2012
Meeting of the Meridian Planning and Zoning Commission of December 20, 2012, was
called to order at 7:00 p.m. by Chairman Scott Freeman.
Members Present: Chairman Scott Freeman, Commissioner Joe Marshall, and
Commissioner Tom O'Brien.
Members Absent: Commissioner Steven Yearsley and Commissioner Michael Rohm.
Others Present: Machelle Hill, Ted Baird, Bill Parsons, Kristy Vigil and Dean Willis.
Item 1: Roll-Call Attendance:
Roll-call
O Steven Yearsley X Tom O'Brien
O Michael Rohm X Joe Marshall
X Scott Freeman -Chairman
Freeman: Good evening, ladies and gentlemen. 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 December 20th, 2012, beginning with roll call.
Item 2: Adoption of the Agenda
Freeman: Thank you. The first thing to do is the adoption of the agenda. I do have one
change to the agenda today. Item No. 4-D, Fall Creek Subdivision, will be continued to
the regularly scheduled meeting on January 17th. So, after we adopt the agenda and
approve the Consent Agenda, we will be opening that for the sole purpose of continuing
it to that meeting. So, if you are here tonight to testify on that, you're welcome to come
back then when it will actually be heard. So, with that could I get a motion to adopt the
agenda as amended.
O'Brien: So moved.
Marshall: 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: THREE AYES. TWO ABSENT.
Item 3: Consent Agenda
A. Approve Minutes of December 6, 2012 Planning and Zoning
Commission Meeting
Meridian Planning & Zoning Commission
December 20, 2012
Page 2 of 24
B. Findings of Fact and Conclusions of Law for Approval: CUP
12-018 Tates Rents by John Day Located at 203 S. Main Street
Request: Conditional Use Permit Approval to Operate an
Equipment Rental, Sales and Service Use in a C-G Zoning
District
Freeman: Next item is the approval of the Consent Agenda and we have two items on
the Consent Agenda tonight. Item A is the approval of the minutes of December 6th,
2012, Planning and Zoning Commission meeting and Item B is the Findings of Fact and
Conclusions of Law for approval of CUP 12-018 regarding Tates Rents. Are there any
modifications, changes that need to be made to that?
O'Brien: No.
Freeman: Could I --
Marshall: Mr. Chair, I move that we approve the Consent Agenda as it is.
O'Brien: Second.
Freeman: I have a motion and a second to approve the Consent Agenda. All those in
favor say aye. Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Item 4: Action Items
D. Public Hearing: PP 12-016 Fall Creek Subdivision by Coleman
Homes, LLC Located South of W. Overland Road on the East
Side of S. Linder Road Request: Preliminary Plat Consisting of
296 Building Lots and 32 Common /Other Lots on 110.54
Acres of Land in an R-8 Zoning District
Freeman: At this time I would like to open Item 4-D, Fall Creek Subdivision, PP 12-016,
for the sole purpose of continuing it to the regularly scheduled meeting on January 17th,
2013. Could I get a motion?
O'Brien: So moved.
Marshall: Second.
Freeman: I have a motion and a second to continue Item 4-D, Fall Creek Subdivision,
PP 12-016 to the January 17th, 2013, meeting. All those in favor say aye. Opposed?
Motion carries.
Meridian Planning & Zoning Commission
December 20, 2012
Page 3 of 24
MOTION CARRIED: THREE AYES. TWO ABSENT.
Freeman: Okay. Before I open our first public hearing this evening I just want to review
the process for those of you who are new. We will open each item and we will begin
with the staff report. After we hear the staff report, then, the applicant will be given an
opportunity to come up and present their application and you have 15 minutes to do so.
After we hear from the applicant, then, anybody wishing to offer public testimony is
welcome to do so. There are lists in the back to sign up if you wish to offer public
testimony. If you're not on the list I will still ask if there is anybody else that wishes to
offer public testimony and anybody wishing to do so will come forward to the podium
and you will be given three minutes to testify. After all the public testimony has been
taken the applicant, then, has another ten minutes if they wish to use it to come up and
address anything further that needs to be addressed. We will, then, close the public
hearing and the Commissioners will deliberate and, hopefully, we will be able to come
up with a recommendation on each item tonight.
A. Continued Public Hearing from December 6, 2012: ZOA 12-003
Sign Code Text Amendment by City of Meridian Community
Development Planning Division Request: Amend Sections of
the City's Current Standards for Signs
Freeman: So, with that I would like to open the public hearing for ZOA 12-003, the Sign
Code Text Amendment by the City of Meridian and begin with the staff report.
Vigil: Good evening, Chairman, Commissioners, I am Kristy with the Planning
Department and I'm here to present the Sign Code Text Amendment this evening. I
have a brief presentation for you, because most of the sign code -- most of the text
amendment is cleanup from the initial adoption in 2010. Part of my presentation are
there are three key changes that I wanted to bring to your attention and the first one is
to allow for projecting signs in all districts. Staff feels that allowing the projecting signs
in all districts will be beneficial -- well, excuse me -- in commercial districts -- will be
beneficial for our commercial developments that are increasing their walkability within
their developments. We already have commercial districts that have wanted to put in
these projecting signs, but our code does not allow them to do that and a majority of
them have been up there off of Fairview and Eagle. In the future we will also have
walkable areas in the Ten Mile interchange area. The second change -- key change
from a staff perspective is we are requesting to allow neon tube illumination for signs.
Before you is an example of the Hungry Onion sign where the curb service and burgers
are both in neon tube illumination. This is -- it's retro and these types of signs are
starting to come back in the sign companies and staff likes to stay progressive with the
sign code and meet the needs of our business owners as well. The third key change is
to allow changeable copy signs to change more frequently than eight seconds. This is a
request from one of our Meridian business owners that staff has agreed to bring forward
with this amendment, because we were doing one anyways. We received written
testimony from Mr. Fremgen of Pinnacle Sports Bar and Grill this afternoon in favor of
Meridian Planning & Zoning Commission
December 20, 2012
Page 4 of 24
the changeable copy for more frequently than eight seconds. And with that I will stand
for any questions.
Freeman: Thank you. Are there any questions of staff?
O'Brien: I have none.
Freeman: Commissioner Marshall?
Marshall: My -- my only question is is there a -- on the frequency is there a minimum
frequency that it has to maintain or can it just sit and flash?
Freeman: We have a section in the sign code that addresses prohibited signs and it
does not allow flashing or -- there are three different sections within that section of the
code that will stop them from flashing looking like emergency lights or video screens or
anything like that.
Marshall: So, we don't define a line as to how often something changes before it's
determined to be flashing, we just know it when we see it?
Vigil: Currently we do the final line of eight seconds, but the proposal is to take. that line
out, to -- to not have an interval change.
Marshall: Okay. Thank you.
Vigil: Thank you.
O'Brien: So -- Mr. Chair? So, that's not kind of contradictory, though, if you don't allow
flashing signs, if you have something less than eight seconds, you could approach that,
but you said there was a -- a UDC explanation I guess of what's prohibited. I -- I ask
you to look at a sign that's just outside of the entrance of St. Luke's in Meridian as
you're driving northbound -- if you go to the -- the Meridian -- or the emergency lane to
make a right turn going north in front of the hospital there is a sign there that I felt was
very very bright and flashing and it's quite a distractor I think from someone driving and
so I was just wondering where that lies, if -- if that is what you're talking about flashing
or nonflashing, it's -- it seems like there is a contradiction there.
Vigil: Commissioner O'Brien, typically when a sign is flashing it's -- excuse my hand
gesture -- but it's blinking quickly like this.
O'Brien: Okay.
Vigil: And I believe the business owners are requesting that it just change -- be able to
change more frequently than the eight seconds, because what was expressed to me is
that the eight seconds is too long for somebody to be able to get all of their message on
there.
Meridian Planning & Zoning Commission
December 20, 2012
Page 5 of 24
O'Brien: I agree with that part, it's just that when it gets down to closer than one second
what's the difference between a flashing one and a nonflashing sign? It seems like
there should be some kind of difference and pace difference in being able to determine
which is which.
Vigil: And -- and I'm open for a recommendation on that for sure. When I was speaking
with the sign committee we could not come up with a number that we would find as
definitive and, honestly, the eight seconds is kind of a holdover from standard industry
that people have been -- I have looked at sign codes all over the nation and most of
them have eight seconds or nothing and so I don't know exactly where it came from and
I'm open for a recommendation. I don't -- I mean if you guys want to put some seconds
in there --
O'Brien: Well, see, that's -- I'm not an expert, so you -- you're the closest thing that
know of of an expert, so you tell me what -- what is out there that would suggest a go or
no go between flashing and nonflashing or however long the duration should be, what's
acceptable, because, you know, like the man mentioned, Mr. Fremgen -- Fremgen?
Said, you know, take Las Vegas, for instance, or other areas, you have got these
flashing lights that don't seem to bother people if you're used to them, but if you're not
used to them, .then., it could be an issue and all.of a sudden.. you have got the flashing
light over here, you take your eyes off the wheel and -- and we are not used to that.
That would be an issue with me.
Vigil: Yes. And I understand totally where you're coming from. I just don't know -- and
the sign committee didn't know where to put -- put a number on it.
O'Brien: Do we have a second opinion or should we have somebody in the know come
forward to you folks and find out really what is a safe or unsafe sign usage?
Vigil: I did call the state department of transportation and ask them what they
recommend for the signs -- like for Amber Alerts and seatbelt signs that are on the
interstate and, actually, their guidelines suggest eight second or less. They don't -- and
they are only guidelines and they don't have a minimum as well. So, I did some
research on the safety of it and the Federal Highway Administration in 2009 started to
do some research on it and do a study on it and they actually abandoned that study and
went towards the text messaging. So, I couldn't find anybody that was able to give me
something on the safety of it. There is a gentleman here in the audience tonight that
might be able to help. He is with a sign company and probably a little bit more of an
expert than I will ever be.
O'Brien: So, is there ameans -- if we approve this tonight is there a means that we
could -- if there is a problem -- if all of a sudden we find there is accidents or some other
issue, to go back and review this and put something in the -- in the UDC?
Meridian Planning & Zoning Commission
December 20, 2012
Page 6 of 24
Vigil: There is and we -- doing a UDC text amendment does take about three or four
months to get it through the public hearing process and I was going to actually caution --
once we change something in that kind of -- a sign industry standard, it's really hard to
get it back. So, I wanted to give you guys that heads up as well, but I have to
apologize, I'm not prepared for this topic of discussion, because I'm not the one that
brought the topic of discussion forward, Mr. Fremgen wanted to be here to really sell it
to you guys I guess I should say.
Marshall: Mr. Chair, if I can --
Freeman: Yes, Commissioner Marshall.
Marshall: My concern is something a little bit different in that if the UDC is saying that
there cannot be flashing signs and yet we are allowing no -- there is nothing definitive
about what is flashing, then, we have got a subjective problem in how do we enforce
that code. Because at what point does it become -- I don't think that's flashing. It meets
this code and at what point do we draw that line? If we are going to say there can't be
flashing lines -- lights, we -- somehow we have to be able to state here is what defines a
flashing light and here is what doesn't and I'm concerned about that, because I think
that's going to become an enforcement issue and that's my concern.
Freeman: I might add -- do we have an applicant this evening or is --
Vigil: I'm the applicant.
Freeman: You're the applicant. Okay. That's what I thought. So, I guess we can go
ahead and talk to you about this.
Vigil: Yes.
Freeman: And I'd like to address the Commissioners' concerns. I think we are talking
about two different types of signs here. The purpose of the eight seconds being
stricken is so that signs can change and typically that kind of sign -- the purpose of this
is so the people can actually see the sign, understand the sign, read the sign, because
text, logos, et cetera, are changing. There is going to be different messages up there
that need to be seen. A flashing sign, on the other hand, is just -- the purpose is to get
your attention and it may be the same message flashing over and over again, but if you
want to eliminate an eight second rule such that you can have different signs being
readable by people passing by in automobiles, actually having a flashing sign would not
serve that purpose. You see what I'm saying? So, I -- I'm not so concerned with
removing the eight second rule, what we could do, perhaps, in a future amendment,
since we already have something in the UDC that defines -- that says flashing signs are
prohibited, we could further define what a flashing sign means, yet still move forward
with this eight second elimination to -- to address the immediate need. That's my two
cents.
Meridian Planning & Zoning Commission
December 20, 2012
Page 7 of 24
O'Brien: Okay.
Freeman: Any other questions of staff --
O'Brien: I have none.
Freeman: -- slash the applicant? Okay. In that case we can go ahead and take some
public testimony. I do have a couple of names of people that wish to offer testimony.
Josh Davidson. Josh Davidson. If you'd like to, please, come forward and when you
get to the microphone, please, state your name and address for the record. And you
have three minutes.
Davidson: How are you tonight? Josh Davidson. I am with Rosauers Supermarket.
Freeman: Okay.
Davidson: Recent --
Freeman: We need his address; correct? We need your name and address.
Baird: Business address is fine.
Freeman: Okay.
Davidson: 2986 North Eagle Road.
Freeman: Thank you.
Davidson: So, as you all know, Eagle Road is very busy. As part of our construction
we installed a sign, much of which like you guys are speaking of today. We have the
option to take that standing image from eight seconds down to say two seconds per
item in order to -- excuse me -- to get our point across as far as the pricing within our
store and we need to draw people in off of Eagle Road. It's 55 miles per hour out there
and eight seconds will not do it. This sign does not allow for that much information.
You know, we can tell you a steak will be on sale, but we can't tell you what price from
the time you drive by. So, eight seconds is not okay. We will not be able to use our
sign effectively in eight seconds. Two seconds appears to be okay. We have the
option and we do have the option to take it down to one second or even a flash as such
the other, so --
Freeman: If you weren't in the City of Meridian.
Davidson: If we wanted to, yes. I mean it's all within that -- written that particular
program on our computer, so -- I guess that's what I have to say.
Freeman: Okay. Thank you.
Meridian Planning & Zoning Commission
December 20, 2012
Page 8 of 24
Davidson: Thank you.
Freeman: The other person signed up I -- I believe it's Bethany Powell. Okay. Was
there anybody else that wished to offer public testimony on this issue? No. There is
one more? I'll need your name and address for the record when you reach the
microphone.
Meade: My name is Tony Meade. I'm with Idaho Electric Signs and we are at 6528
Gowen Road -- I mean Supply Way in Boise. We do a lot of these electronic message
centers and the eight seconds that is now in the City of Meridian basically designed in
the past for large reader -- large billboards. What they did is they started changing from
the static billboards to electronic boards and the electronic boards -- they didn't want
them to be like a regular advising sign on premise sign. A lot of them put them to eight
seconds, so that they could change their ads, but these different adds, different
companies -- and you have seen them around town in different cities and stuff. The
eight second rule to be able to use on an on-premise sign, the people are using for
advertising in a business purpose, is -- is way too long to be effective. You have got
between two and three seconds in order to get someone's attention and help them to
make judgments whether they are going to go into a place, different things, and be safe.
Eight seconds does .not allow you to get that message across. The flashing problems
that they have has been with signs like this -- they can flash. They can flash and
replicate like safety vehicles or they can flash like strobes, they can do that kind of stuff.
So, the flashing portion is something that you -- obviously I don't think is very good. You
know, it doesn't do -- all it does is grab people's attention. That's not -- there no value in
advertising in doing that. So, the flashing part being drawn out -- you know, the eight
seconds being taken away, I don't think anyone that's using these responsibly -- it's
pretty easy to tell that difference between flashing and running ads or however they
want to use it. I stand for questions.
Freeman: Are there any questions?
O'Brien: I have one, Mr. Chair.
Marshall: Yes.
O'Brien: The -- my reference to the sign over by St. Luke's, it's not a very big sign, if
call it changes in brilliance very quickly, so -- to me it's a flash and it goes from a lighter
image and, then, all of a sudden it just -- bang, you know, it gets here and, then, it gives
its message. I forget what the message is. But it's that kind of a situation that I was
referring that is -- they are giving a message, but they were using the big bright brilliant
flash to get your attention to read the sign and that's the concern I have.
Meade: Well, basically, when they do that, that's just basically a change of an ad or
they are -- how they are doing that. A flashing in the industry standards would be
something that you're doing continuously four or five times, you know, flashing
Meridian Planning & Zoning Commission
December 20, 2012
Page 9 of 24
something to get someone's attention from way down the road, rather than putting an ad
up there and sometimes they do change rather abruptly, I will admit that, but that
certainly wouldn't be considered a flash.
O'Brien: Okay.
Freeman: Any other questions? Okay. Thank you. Anybody else? No? Could I get a
motion, then, to -- unless there are other questions of staff, the applicant?
O'Brien: No.
Freeman: No? Could I get a motion to close the public hearing?
O'Brien: Mr. Chair, move to close public hearing ZOA 12-003. Is that the right one?
Marshall: Second.
Freeman: I have a motion and a second to close the public hearing for ZOA 12-003, the
Sign Code Text Amendment. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Freeman: Further discussion?
O'Brien: I don't think I can add to that. I -- from what I mentioned earlier to -- to -- to
change it or not change it, I think we need to move forward with it just because of the
technology has changed, that's -- that we need to give it a chance in real life and I think,
you know, sure, you can look at Vegas here or some of the big city -- buys that's all --
that's all it is. It's -- you know, that's the glimmer town and they are used to that kind of
thing. So, they are not bothered by what they see. So, here a little slower, but, I don't
know, I don't have a problem.
Freeman: Commissioner Marshall?
Marshall: 1 think the reason the UDC prohibits the flashing is because it is a distraction
to a lot of drivers and it is a problem I think personally and I have heard others claim. I
have no problem with doing an eight second change. I would simply recommend staff
considering the future to maybe consider rather than addressing the time of change
maybe the percent of luminosity or something like that in change, so you don't get that --
that flash effect even from an instant change from one text to another and maybe the
luminosity can only change at a given rate. Change the -- change the wording is -- they
don't want -- if they are trying to change text they want to do it at a speed that people
can read and I have got no problem with that, I don't think they are going to run it too
fast or anything else. I think the problem we have is probably with flashing is the
dramatic change in luminosity and I would suggest maybe we start looking in that
direction instead. Other than that I am for this amendment.
Meridian Planning & Zoning Commission
December 20, 2012
Page 10 of 24
Freeman: Thank you. I'm in favor of it, too. I think we need to remove the eight second
rule. I think given the future we need to address in the UDC what the definition of flash
is or prohibiting, we can go at it that way if that becomes an issue. As far as allowing
projecting signs and neon signs, I think it's timely. These are things that we need to do
for seeing future development and the trends in signage. So, I'm for this also. But I
won't be the one making the motion.
Marshall: Mr. Chair?
Freeman: Commissioner Marshall.
Marshall: I'm going to grab -- I got this in the wrong order, because I didn't see the
amended before I got here. Mr. Chair, after considering all staff, applicant, and public
testimony, I move to recommend approval to City Council of file number ZOA 12-003,
as presented in the staff report for the hearing date of December 20, 2012, with no
modifications.
O'Brien: Second.
Freeman: I have a motion and a second to. recommend approval for ZOA 12-003, the
sign code text amendment. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Freeman: Thank you.
Vigil: You're welcome.
B. Public Hearing: AZ 12-014 Tomorrow's Hope by Thair Pond
Located East Side of N. Meridian Road and South of E. Ustick
Road Request: Annexation of 6.99 Acres of Land from RUT
and R-1 in Ada County to the R-8 (Medium-Density Residential)
Zoning District
C. Public Hearing: CUP 12-020 Tomorrow's Hope by Thair Pond
Located East Side of N. Meridian Road and South of E. Ustick
Road Request: Conditional Use Permit Approval to Operate a
Nursing Care Facility Consisting of Two (2) Buildings on 1.9
Acres in a Proposed R-8 Zone
Freeman: The next item on the agenda -- I would like to open the public hearing for AZ
12-014 and CUP 12-020, Tomorrow's Hope, beginning with the staff report.
Parsons: Thank you, Mr. Chairman, Members of the Commission. The next application
before you this evening is Tomorrow's Hope. The applicant is requesting annexation
Meridian Planning & Zoning Commission
December 20, 2012
Page 11 of 24
and conditional use permit to construct and operate a nursing care facility. The subject
property consists of 6.99 acres, is currently zoned R-1 and RUT in Ada County. It's
situated on the east side of North Meridian Road just south of East Ustick Road here.
Currently the site is developed with a single family home and several outbuildings
currently being used for -- as a pasture, horse property. Surrounding this property is a
single family home to the north, zoned R-4. To the east is residential -- county property
zoned R-1. To the south are city subdivisions zoned R-8 and to the west are also
county residences zoned RUT. Excuse me. Again, the applicant is proposing to annex
two acres -- or two parcels, one parcel is 1.9 acres and the other one is just over five
acres, for a total of 6.9 acres to the R-8 zoning designation, which is consistent with the
comp plan designation of medium density residential. Currently the site is developed
with that single family home and is currently -- the home is actually hooked up to city
sewer at this time and upon annexation the home will be hooked up to city water as
well. The applicant has provided a concept plan. This is an annexation request. Staff
is requiring a development agreement. One of those recommended provisions is
compliance -- or general compliance with this concept plan. Really, the intent of the
concept plan is really to show how this proposed facility could integrate with a future
subdivision and provide future connectivity to the adjacent parcels as well. As you can
see here at some point there could be local street access and, then, also a stub street
to the eastern property. The applicant is only -- at this time the applicant's only
proposing to develop the northwest corner, a portion of the site, which is. approximately
0.65 acres, with a 24 hour nursing care facility, which does require procurement of a
conditional use permit prior to commencing of the use. Since only a portion is being
developed, again, there is really minimal standards that they have to comply with. The
applicant is proposing two single story homes -- or two single story structures,
approximately 2,800 square feet. Their idea behind this is really to keep it low profile
and help it blend in with the surrounding residents in the area and make it consistent
with that mixed use designation -- or medium density residential designation that's on
the property right now. Each structure will have eight beds, so a total of 16 patients for
the facility. The existing access is from Meridian Road. As depicted in the concept
plan, at some point there will be local street access, because this -- the parcel that's
proposed for development does not have direct access to Meridian Road. The
applicant will be required to submit across-access agreement, so that that development
can be served and use that driveway between each property. That is conditioned in the
staff report. Also because it's a small amount of development on the site the applicant
has minimal requirements at this time. UDC requires a 25 foot landscape buffer along
Meridian Road and, then, because they are required to provide a minimum eight parking
stalls and this site plan depicts actually 13 stalls, they have to provide additional
landscaping for the parking lot as well. Here is the landscape plan that they are
proposing as well. Again, you can see the -- what they are trying to do here is because
this will be a local street in the future is they are trying to provide that ten foot landscape
buffer that will be required along that in the future as well, which makes some sense to
put that in now. Also mentioned in the staff report that at the time that we generated the
report we did not have ACHD's comments and the site plan that was reflected in the
staff report depicted a 48 foot right of way along -- additional right of way along Meridian
Road. ACHD wanted additional right of way from -- for the project, which was to be
Meridian Planning & Zoning Commission
December 20, 2012
Page 12 of 24
measured 48 feet from centerline of Meridian Road. Prior -- after I sent the staff report I
had a discussion with ACHD and they said that more than likely they would be requiring
additional right of way. I did receive an a-mail from them and they did, in fact, require
56 feet of right of way measured from centerline of Meridian Road. The site plan and
the landscape plan that's before you this evening does reflect that change, there is no
issue with the landscape buffer as I pointed out in the staff report. So, that has been
cleared up. Again, the applicant is proposing single story structure. Building materials
are similar to that of single family homes. We are looking at a mix of lap -- horizontal
lap siding in two different colors. Moving forward the applicant will have to submit
design review and certificate of zoning compliance and the proposed structure will have
to comply with those standards in the code as well. Staff did receive written testimony
from the applicant. They are in agreement with the conditions as stated in the staff
report and also the recommended DA provisions. Staff does not -- is not aware of any
other outstanding issues before you this evening and at this time I'd stand for any
questions you have.
Freeman: Thank you, Bill. Any questions of staff?
O'Brien: I have none.
Freeman:,. Would the applicant like. to come forward? And, please, state your name and
address for the record.
Laureman: Hi. Denise Lauerman and address 462 East Shore Drive, Eagle, with The
Land Group. And I don't really have anything to add. Bill's done a really great job and
we have been working hand-in-hand together to make this fit into the neighborhood and
we are pleased with how it's went. Gave that little extra eight feet to right of way, but --
yeah. If you have any questions, the owner and architect are both here also for
anything you may need.
Freeman: Okay. Thank you. Are there any questions?
O'Brien: I don't have any at this time.
Freeman: Okay. Thank you very much. Okay. At this time I will take public testimony.
I do have a few people that have signed up, so as I call your name let me know if you
do intend to come up and testify or not. Michael Allen. Okay. Come forward, please,
and state your name and address for the record.
Allen: My name is Michael Allen. It's 2751 Allsgate Way. And I guess I'd like to first
state that I only found out about this development Tuesday night at 8:00 p.m. by one of
my neighbors and so what I would like to propose is that we delay any decision until
after the Christmas season. I mean on the 21st holding this kind of a decision I think is
bad timing at a minimum and so -- I mean I haven't even had a chance to even review
the documents. I want more time to really thoughtfully consider what's being proposed.
I have young children, I'm -- in the environment that we are in anything with -- that
Meridian Planning & Zoning Commission
December 20, 2012
Page 13 of 24
proceeds mental is certainly raising my eyebrows. My understanding this is basically a
group home for people that have mental problems and according to their website
profound mental problems and I'm -- I mean as a father I'm concerned about my family.
guess that's basically all I have.
Freeman: Okay. Thank you.
O'Brien: Mr. Chair?
Freeman: Yes.
O'Brien: I have a question.
Allen: Sure.
O'Brien: So, were you notified of a city -- a town meeting on --
Allen: No, I wasn't actually. One of my neighbors come knocking on my door at 8:00
o'clock at night on Tuesday.
O'Brien: So, Bill, do you .know how far away he lives from. the .-- from the project? Is it
within the 300 foot rule?
Parsons: Mr. Chairman, Members of the Commission, I'd have to pull up the
application, but I can follow up with you on that if you'd give me time to pull it up real
quick.
Freeman: Yeah. I can state with confidence that it was legally noticed to anybody
within the required radius and the newspaper and --
Allen: I don't normally go that way --
Freeman: Uh-huh.
Allen: -- except in the evenings, because of the construction on Meridian Road.
wouldn't actually go by the property. I do go by at night now and since I got notified on
Tuesday I did see the two signs, one posted on each end.
Freeman: Yeah. Besides the signs there is legal notice in the paper and also if you live
within that 300 foot radius you get a direct mailing that tells you about it and that's all
required before we can even have this hearing.
Allen: Yeah, but 300 feet -- in light of -- I would say respectfully that in light of the thing
that happened in Connecticut, which is a horrific challenge -- tragedy, that really has my
antenna up. You know, if I understand there is going to be a high concentration of folks
Meridian Planning & Zoning Commission
December 20, 2012
Page 14 of 24
that have profound mental problems. I am very concerned about my family and that's
why I'm here.
Freeman: Okay. All right. Any other questions? All right. Thank you very much.
Lauren Temple. Name and address for the record, please.
Temple: Lauren Temple. My address is 194 East Baldwin Street. I'm actually the
neighbor who went around to people's houses. I found that some of my neighbors knew
about it, some had no idea what I was talking about. I -- my house actually backs the
fence line where the proposed development is on the south side. And we moved into
that neighborhood because it was a great place to raise kids. There is houses
everywhere. North, south, east -- it's walkable to Settlers Park. I never thought I would
have -- I mean I assumed eventually the farm would be turned into something
residential, more housing, but I never thought that I would have to contend with I would
almost say a commercial place going in there. Anything I feel like has a parking lot
that's potentially going to be in my backyard with lights and cars is a commercial place I
just -- I'm in opposition, obviously, as having it for that reason and I have a two year old
and a one year old and I'm not going to lie, it does scare me. The description of it is
very vague. What does a nursing facility mean, what kind of patients are there, what --
what's the staffing like, what's the security. I went to the initial meeting about
architecture._plans and there was. basically zero information about who would be housed
there, it was just all architecture, which, obviously, those are red flags for me that
nobody had any information on what was actually going to happen there. So, that last
part, too, that is concerning is the -- the second parcel that's just going to be zoned and
not built on, that's the part that backs my house, so the fact that as I understood it it's
zoned, so that means that anytime they can put practically anything they want up there
without having to redo that -- is that correct or no? If it's zoned --
Freeman: If it's an allowed use it can go in there. It still has to go through staff review,
but, yeah, if it's not an allowed use, then, no, they can't just put anything in there.
Temple: But they are zoning both parcels; correct? For non -- it would be
nonresidential? Yeah. So, not knowing what's going to go in that second one, but
having it be zoned for it already is concerning that I'll have no idea what's going to go up
there.
Freeman: Okay.
Temple: That's it.
Freeman: All right. Thank you. Joe Temple. I'm guessing your name is similar,
address is the same, but --
J.Temple: Yes.
Freeman: -- go ahead and state it for us.
Meridian Planning & Zoning Commission
December 20, 2012
Page 15 of 24
J.Temple: Yeah. Obviously, live next to the place and my concern is, again, the type of
residents that will be there. I understand they house a wide variety of people, although
from a very varying degree all the way up to schizophrenia. That's more than
concerning in light of recent events. Also at the proximity of the park, besides my house
the proximity of the park I think that that's dangerous and something the city should
consider. I guess also in light of the park I think it would be bad for the city. The city
has a huge investment in that park. That park is our biggest park in Meridian. It would
make sense to keep residential families around that park. You don't really want to
change that up and start, you know, not having a residential neighborhood around your
biggest asset park wise in the city. So, I think -- I think that would be a bad move for the
city and personally Ijust -- I'm concerned about my safety for my family and Idon't --
don't want to see this go forward. So, that's what I want to say.
Freeman: Okay. Thank you. Peggy -- I think it's Martinez. Decline? Luis Martinez.
And, please, state your name and address for the record.
Martinez: Luis Martinez, 256 East Baldwin Street, Meridian. 83646. I live about three
houses down from Lauren. I just wanted to also let you know that I am concerned. I
would like just some more clarification about the type of residents that will be there. I
have two small children also and there .is quite a few kids in our neighborhood that --
there is a park right across the street from our house and the children that play there
range from one or two years old, with parents there and, then, we have some older kids,
12, 13, that play there sometimes without adult supervision, just because they know.
Very family oriented and we all kind of keep an eye on each other's kids pretty much.
So, it's pretty safe. So, I don't really have an opinion right now, but I would like some
clarification on are the residents -- is there a potential to have violent residents in -- in
the home -- in the nursing home and, if so, what type of security? Will there be fences
that will -- like containment or containment on the building itself that would not allow the
residents to come and go as they please. Just before I -- before I said yea or nay
whether or not I was for it or against I would like some clarification on the potential for
violent residents and as far as whether or not they can come and go. So, that's just my
concern also just wanted to add, so --
Freeman: Okay.
Martinez: Thank you very much.
Freeman: Thank you. I do have one other person on the list and, I'm sorry, I can't read
the first name. Joel? Please state your name and address.
Conger: Joel Conger. Live at 2885 North Allsgate Way. I, too, am a neighbor of Joe
and Lauren. I haven't really made up my mind about the structures. From what they
have been displayed on the TV it sounds like the structures match the type of homes in
the area. My bigger concern, like with all my other neighbors, is the type of people that
are going to be housed in the structure. I, myself, grew up actually as a kid next door to
Meridian Planning & Zoning Commission
December 20, 2012
Page 16 of 24
a paranoid schizophrenic and in addition to dealing with several character issues we
actually couldn't go in front of their house, we had to cross the street to go down the
block. We had to go to court several times to take care of vandalism issues from this
person that hated our family for no apparent reason. So, I guess my biggest concern is
the type of people, again, the security that's going to be there, you know, what's actually
going on in the structure. I agree the newsletter that we did get in the mail was very
vague. Basically it was we just want permission to build these structures, nothing really
specific as to what business type this is going to be. I do agree that if you are housing a
retirement community it is a commercial property. We already have one directly across
the street. Although a different retirement home, but it is directly across the street from
where this is being proposed to be built. I think we got one already. We don't need
another one. And that's about all I got to say.
Freeman: Okay. Thank you.
Conger: Thank you.
Freeman: Well, is there anyone else who wished to offer public testimony? I already
took your testimony. I will take somebody else's. Yes. Come on forward. Name and
address for the record, please.
Styles: My name is Jody Styles. I live at 169 East Baldwin and I live across the street
from -- from Lauren and her husband. I can honestly say that I am not for this at all. I
am a nurse. My kids are grown. But in that community there is like 20 to 30 little kids.
Yes, you do have Settlers Park. You have soccer games there and if there is a will
there is a way that people will get out of the 24/7, just like the two bank robbers that
climbed down with their -- with their sheets. I don't think that it is safe for the children.
And speaking from a nurse's standpoint not always do they take their meds. They can
hide them and not take them. Okay? I have worked in mental health facilities before. I
like my little community. I don't want it to change just for the sake of progress. There is
a time and a place for mental illness to be helped, but it should not be where there is a
huge city park, to not be in where there is a lot of kids around where I do not know what
these people are going to do. So, I do not want this in my neighborhood at all.
Freeman: Okay. Thank you. Anyone else? Okay. Would the applicant like to come
forward and we can give you an extra ten minutes to address anything that you have
heard and, hopefully, answer some of these questions that have come up. Please state
your name and address again.
Laureman: Denise Laureman. 462 East Shore Drive, Eagle.
Freeman: Okay.
Laureman: I think at this time the best person to come up here is the owner, since he's
very familiar with how the facility works. Thair.
Meridian Planning & Zoning Commission
December 20, 2012
Page 17 of 24
Freeman: And your name and address for the record, please.
Pond: My name is Thair Pond and I live at 2980 North Meridian Road. I am the owner
of Tomorrow's Hope and I'm also the owner of the property that we are discussing at
this point in time. Ithink these guys really have some legitimate concerns. If I lived
next to me I would have them, too. I want to dispel some of the myths and I would invite
anybody to come and look at my facilities I already have in Meridian right now. I have
one in the Navarro Subdivision. I have one on Greenhead. I have one on Sapphire.
And you are certainly welcome to talk to neighbors and see how we do with it. The one
-- one concept I want to insure here, this is not a mental health facility. It is an
intermediate care facility for people with mental retardation. The key word there being
mental retardation and our whole point is to help them gain skills so they can gain
independence in their living. Now, one of the other things is is in these two homes we
will staff it from 35 to 42 full-time staff in those two homes. So, we are looking at eight
beds per home and we are looking probably at four staff per shift, except for the
graveyard, which would have two, to facilitate not only the concerns that they have --
and Ithink those are legitimate concerns. I would have them, too. But our guys right
now -- two of our homes one on Sapphire is all teenage boys, they all go to the Meridian
School District. Our home in the Navarro Subdivision all but one child there goes to
school. On our Greenhead we have one young man that goes to school there and the
other ones go to development centers and stuff.during the day. I chose to do. this. facility
this way because we really wanted to build facilities that met the needs of our clientele.
The facilities I just mentioned -- I have -- I have six facilities in the area right now. We
just went into current homes and renovated the regulations and moved in, because we
didn't need to go through all of this stuff. But we wanted to build something that the
neighborhood would be proud of and our residents would be proud of. This is their
home. It's where they live. We work there. Okay? We work there. And we are
mandated through federal regulations to -- to fit into the neighborhood. We have
processes in place so that if neighbors have problems, how to address those. In the
Nampa facility we just had one -- they said that cars were too loud at 2:00 o'clock in the
morning, we had to do an investigation and report back to the neighbors that, here, you
know, if it is we will take care of it. Our biggest problem in the facilities we have in the
town now are that we have three to four parking and Ithink -- I'm a little hard of hearing
and 1 couldn't quite hear, but the parking seemed to be an issue. I already have a
parking lot there and we are just going to expand on it a little bit, so would have like four
to five cars there during a shift. Okay? We have been doing this for 31 years. We get
-- we get surveyed by the state every single year and we are very good at what we do.
We are the best in the state. I hate to say that, but we are. And I invite anybody that
has some concerns to come meet with me, look at a facility, talk to neighbors, and go
from there. I'm going to live on that property. I have my grandkids every weekend on
that property. I have horses on that property. I have my dogs on that property. I like
the feel of the country. Okay? So, I have no fear having my grandkids around the
residents there and the opportunity is -- the house is specifically designed to meet our
residents' needs and, hopefully, fit into the neighborhood.
Meridian Planning & Zoning Commission
December 20, 2012
Page 18 of 24
Freeman: Okay. Thank you. I do have a question. Could you address the security
concerns that you do have with your facilities and how you deal with them.
Pond: I apologize. I am deaf.
Freeman: Okay. I will speak louder into the --
Pond: The security concerns?
Freeman: The security concerns you do have in your facilities and how you would go
about addressing them.
Pond: Well, we have a doctor of psychology does an assessment of needs and we
base training on that and, then, we have a doctor of behavioral sciences also does an
assessment on that and we write programs and each home has a -- what's called a
qualified mental retardation professional that is in the home and their whole job is to
make sure that we are meeting the programmatical needs for increasing a person's
independence, but also behavioral issues and those kind of things. Then our staff are
trained on a continuum, they get 40 hours of training before they are even allowed on
the floor and, then, they get continuum training from that point on. So -- and that's one
of the things the federal guidelines say that we have to follow through the Department of
Health and Welfare facility standards and so we are -- our three -- our three facilities
that we have now last survey had zero deficiencies. Zero deficiencies. That includes
the behavioral management. So, I don't know how to address it other than that. I mean
our staff are trained.
Freeman: 1 might follow up with a question. I know with Alzheimer's patients, for
example, you're required to have fencing around those units, so they don't wander
away. With patients that are mentally retarded is there a similar type requirement or
you let them have a little independence so they can go down to the store themselves?
How does that work?
Pond: We cannot place restrictions on residents unless there is truly a need to. So, if a
person is an escape artist -- let's talk about that. We could put alarms on the windows
and alarms on the door, but we have to have a consent from those and their guardians
and doctors and all of that stuff before we can do it. Do we do that? Yes, we do if we
feel there is a need. Okay. It's like a door chime that they are going out.
Freeman: Okay. Are there any other questions of the applicant?
O'Brien: Yes, Mr. Chair.
Freeman: Commissioner O'Brien.
O'Brien: Yeah. So, this survey that's given every year by the state you said?
Meridian Planning & Zoning Commission
December 20, 2012
Page 19 of 24
Pond: Yeah. It's a federal survey, but it's done by the Department of Health and
Welfare.
O'Brien: It just surveys the facility? Does it contact any neighbors or anything like that?
Pond: Yes, it does. It actually contacts neighbors, it contacts families, it contacts the
clients themselves, it contacts my staff. And one of the things -- the QMRP, the
qualified mental retardation professional is -- one of the things they are mandated by
federal thing is to make sure that we address the schools and neighbors in coordination.
O'Brien: Is it --are those records public?
Pond: Yes, they are.
O'Brien: So, could -- upon request by anyone in the audience to look through any
records --
Pond: Yeah. You could get on the state's website --
O'Brien: -- to check and see what the neighbors are saying?
Pond: Yeah. You get on the state's website, health and welfare facility standards and,
then, a list will be on there and it -- and it says recent surveys.
O'Brien: That's all I have. Thank you.
Freeman: Okay. Any other questions? Okay. Thank you very much.
Pond: Sure.
Freeman: At this point I need motion to close the public hearing.
Parsons: Mr. Chairman?
Freeman: Yes.
Parsons: Just for further clarification for the audience members as well is the property
isn't going to be zoned commercially. The property is going to be zoned with a
residential designation. With that R-8 zone, which is typical to the subdivision that you
folks live in, that's the density that you can see on the remainder of the property. This
gentleman, basically, wants to develop this portion and because of the type of use that
he's proposing it requires a conditional use permit. If he was just to build one home on
that -- that northern parcel, it would be considered -- it would be defined as a family and
he could move eight patients in there and be protected and be protected under the law.
So, he's trying to be forthright, come forward, because he wants two structures and 16
beds. It throws him into a different definition, thereby calling him a nursing care facility
Meridian Planning & Zoning Commission
December 20, 2012
Page 20 of 24
under the UDC and that's why we are here. This concept plan that's before you is -- will
show you how -- now things can change, but the way the development agreement is --
and all these are terms that most folks aren't used to, but, basically, when someone
annexes into the city we require a contract between the city and the developer and
there is certain commitments that we require him to follow and one of those
requirements in the DA requires that he comply with this concept plan. So, if you look at
the southern half of this site you can see there are some single family lots that may
develop in the future. They will have homes similar to what you have and a public
street. So, your subdivision will be separated from this facility as well and that's kind of
some of the compatibility issues that we look at when we look at a site for development.
The other issue is your concerns about another -- you know, the other five acres
developing with another nonresidential use or commercial development. Well, right now
the way the city or city staff has it structured is we won't issue any other building permits
for the property. We -- the way we got it written is we will allow them to get building
permits to construct the nursing care facility and we will allow him to update the current
residence if he needs to get a building permit to do some electrical or add onto the
existing residence, but no other building permits will be issued until he subdivides the
property. I mean that's how it's written. So, there are some assurances in the
development agreement moving forward that there will be another bite at the apple to
look at this property in the future if he has different plans for it. So, you folks if you're
still within that 300 foot radius you will have to go through. the .same process, you will be
notified of that public hearing, he will come to you, have aneighborhood -- or come and
talk to you about his proposal. There will be another hearing before Planning and
Zoning Commission and the City Council in the future.
Freeman: Thank you, Bill. You clarified that much better than I could have.
Baird: Mr. Chair?
Freeman: Yes.
Baird: Before you close the hearing and begin to deliberate I'd like to give a legal
admonition about your decision criteria tonight. There has been a lot of testimony about
the types of residents and I wanted to advise you that you cannot consider that in your
deliberations. That would be discriminatory, violation of HIPAA, violation of the Fair
Housing Act. So, as you deliberate and make a decision I would advise you to, please,
stick to the compatibility criteria listed in the code.
Freeman: Yes. Thank you, Ted, for that reminder. Commissioner Marshall.
Marshall: If I could ask for a little clarification as well, though. Doesn't this kind of fall
under more of an assisted living where it's more of a residence, as opposed to a mental
health facility where you do have paranoid schizophrenics who are potentially very
dangerous to the public? Wouldn't that fall under a different category?
Meridian Planning & Zoning Commission
December 20, 2012
Page 21 of 24
Baird: Mr. Chair, Commissioner Marshall, I would fall back on what the operator had
mentioned is that he has to follow specific criteria for specific patients, there are state
standards that need to be followed. If there is a violent offender there are probably
rules that require them to be committed somewhere else. That's -- again, that's a totally
different level that we don't get into here when we are looking at approving a land use.
Marshall: I was just trying to clarify that. It is above and beyond and outside of this.
Freeman: And I know, too, Commissioner Marshall, that building codes will address this
not as a mental institute, but as a residential development.
Marshall: Exactly.
Freeman: Yeah. Okay. Can I get a motion to close the public hearing then?
O'Brien: Mr. Chair, I move to close the public hearing AZ 12-014 and CUP 12-020.
Marshall: Second.
Freeman: I have a motion and a second to close the public hearing on AZ 12-014 and
CUP 12-020, Tomorrow's Hope. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Freeman: Discussion? Who would like to start?
O'Brien: I could.
Freeman: Commissioner O'Brien.
O'Brien: I am concerned that we don't have a full complement of commissioners to hear
other inputs on -- on this. I agree with the attorney that we can't look at that -- that
aspect of, you know, who is going to be a resident in that place. I don't know if there is
any outstanding issues outside of that that we might want to fall on with the assistance
of the rest of the commissioner body, but that's just a suggestion, that we could continue
it. That's the one reason. Second reason would be to allow people to follow up with the
owner with his other facilities if they have any questions or would like to tour those
facilities to maybe get a different opinion. That might -- might well work out in both our
favor and theirs as far as having the -- all the information that's required for You us to
make a decision. So, I'm leaning towards continuing this for that reason.
Freeman: Commissioner Marshall?
Marshall: Well, Mr. Chair, personally I feel that there is maybe a void of information
about the project out there and that creates fear. I mean they are worried. I do when I
don't know what's going on it's like what the heck's going on. I want to know. I'm
Meridian Planning & Zoning Commission
December 20, 2012
Page 22 of 24
hoping that some of tonight's discussion has alleviated some of that and I'm hoping
maybe that discussion can open up some more. When I look at this -- and judging on
what I am supposed to choose -- what I'm supposed to make a decision on is does the
architecture fit, does this fit, does a residential facility -- in this case an assisted living
facility -- fit within this neighborhood and by our definition, yes, we have put in several
close to this, they are very similar items and Ican't -- you know, whether it's the elderly
or somebody with Downs or something like that, they are all residents. They are
potentially my neighbor. They are potentially -- I do understand and am very concerned
about putting dangerous people next to someone else, but that's -- these people have
not been labeled that, they would go -- if somebody were considered that dangerous
they would be placed in another facility and that's not what this facility is for. I agree
that that is a huge concern, but that's what we are deciding here. That's one
somewhere else. So, architecturally and seeing how it's an assisted living, it appears to
work rather well I think and personally I -- I think we should move with it. But I don't
know if the other Commissioners would actually find any differently.
Freeman: Thank you, Commission Marshall.
Marshall: We do have a quorum.
Freeman:, I will offer my own comments. I do think we have all the information we need
before us to make a decision as a Planning and Zoning Commission. Does the project
comply with the Comprehensive Plan and Uniform Development Code. Yeah. I don't
think there is any doubt that it does. And I also take a little different perspective on the
issue that we are really not questioning here and it's not for us to judge, but it comes up
all the time and I see it come up especially when an apartment building comes before
us. For some reason it doesn't come up whenever a single family residential
development comes before us, but the fact is anybody who is not in prison can move
into any one of those types of developments. With this type of development you have
the oversight of a regulatory agency making sure that the residents in there are safe.
You don't know that about your own neighbors. You don't know that about the next
development that goes up that's an apartment building. So, if it were me, honestly think
about that, I think that I would be much more comfortable with a development like this
than a subdivision going up around me. I have looked into the people -- for those that
have to be on public record in the subdivisions that I have moved into and there are
some people with records and scary ones that live next to me or nearby and there is
nothing you can do about that. I'm for this project. I have probably spent too long
discussing the issues that really aren't relevant to this discussion. I'm for the project.
think it's well done I think it's run by somebody who is very good at what they do. The
fact that his property is right here and his grandkids are going to be running around the
property should be testimony to the fact that the dangers that you may perceive are
probably mostly mythical I would guess. But understandable. Honestly. We are very
uncomfortable when people who are different than us move in around us. But you have
to ask yourself is there a real danger and there is no evidence that there is any real
danger with a development like this and -- I'm sorry, I'm speaking and I can't take
testimony from the audience. So, I'm for the project and I would stand for a motion.
Meridian Planning & Zoning Commission
December 20, 2012
Page 23 of 24
Marshall: Mr. Chair, after considering all staff, applicant, and public testimony, I move
to approve file number AZ 12-014 and CUP 12-020 as presented in the staff report for
the hearing date of December 20th, 2012, with no modifications.
O'Brien: Second.
Freeman: I have a motion and a second to recommend approval of AZ 12-014 and
CUP 12-020, Tomorrow's Hope. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Freeman: Thank you very much. With that I think we just need one more motion.
O'Brien: Mr. Chair?
Freeman: Commissioner O'Brien.
O'Brien: We were supposed to elect officers today?
Freeman: No. I, think we will do that at .our regularly. scheduled meeting on the 17th,
because we should have most of us here for that.
O'Brien: I just didn't know if that was discussed, so --
Freeman: It hasn't been forgotten. I just would rather do it when we are all here. Okay.
So --
O'Brien: I move to --
Marshall: Mr. Chair, Imove -- second.
Freeman: Second what?
Marshall: He said I move we adjourn. He got it out pretty quick.
Freeman: I have a motion and a second to adjourn. All those in favor say aye.
Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Freeman: We are adjourned. Thank you.
MEETING ADJOURNED AT 8:05 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
Meridian Planning & Zoning Commission
December 20, 2012
Page 24 of 24
APPROVED
SCOTT I~'REEMAN - CHAIf~MAN
ATTEST: ~~
JAYCEE HOLMAN -CITY CLE K
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DATE APPROVED
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Meridian Planning Zoning Commission Meeting
DATE: December 20, 202 ITEM NUMBER: 3A
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of December 6, 2012 Planning and Zoning Commission Meeting
MEETING NOTES
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CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Meridian Planning Zoning Commission Meeting
DATE: December 20, 2012
ITEM NUMBER:
PROJECT NUMBER: CUP 12-018
ITEM TITLE: Tates Rent
FFCL for Approval: Conditional use permit approval to operate an equipment rental, sales
and service use in a C-G zoning district by John Day - 203 S. Main Street
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: December 20, 2012 ITEM NUMBER: 4A
PROJECT NUMBER: AZ 12-014
ITEM TITLE: Tomorrow's Hope
Public Hearing: Annexation of 6.99 acres of land from RUT and R-1 in Ada County to the R-
8 (medium density residential) zoning district by Thair Pond -east side of N. Meridian Road,
south of E. Ustick Road
MEETING NOTES
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CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Meridian Planning Zoning Commission Meeting
DATE: December 20, 2012 ITEM NUMBER: 4B
PROJECT NUMBER: CUP 12-020
ITEM TITLE: Tomorrow's Hope
Public Hearing: Conditional use permit approval to operate a nursing care facility
consisting of two (2) buildings on 1.9 acres in a proposed R-8 zone by Thair Pond -east
side of N. Meridian Road; south of E. Ustick Road
MEETING NOTES
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CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Meridian Planning Zoning Commission Meeting
DATE: December 20, 2012 ITEM NUMBER: 4C
PROJECT NUMBER: PP 12-016
ITEM TITLE: Fall Creek Subdivision
Public Hearing: Preliminary Plat approval consisting of 296 building lots and 32
common/other lots on 110.54 acres of land in an R-8 zoning district by Coleman Homes,
LLC -south of W. Overland Road, east side of S. Linder Road
MEETING NOTES
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CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Meridian Planning Zoning Commission Meeting
DATE: December 20, 2012 ITEM NUMBER: 4~
PROJECT NUMBER: ZOA 12-003
ITEM TITLE: Sign Code Text Amendment
Continued Public Hearing from 12/6/12 -Amend sections of the City's current standards
for signs by COM Community Development Department, Planning Division
MEETING NOTES
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CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS