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2013 02-07E IDIAN~-- MERIDIAN PLANNING AND ZONING IDAHO COMMISSION MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, February 07, 2013 at 7:00 p.m. 1. Roll-call Attendance X Tom O'Brien _X Michael Rohm X Scott Freeman _X Joe Marshall X Steven Yearsley -Chairman 2. Adoption of the Agenda Moved Item 3B to Item 4D -Approved as Amended 3. Consent Agenda A. Approve Minutes of January 17, 2013 Planning and Zoning Commission Meeting Minutes Approved B. 4. Action Items A. Public Hearing: CUP 12-014 Rushmore by Tealey's Land Surveying Located South of W. Pine Avenue and West of W. Broadway Avenue Request: Conditional Use Permit Approval for aMulti-Family Development Consisting of Three (3) 8-Plez Structures (24 Dwelling Units) in a Proposed R-15 Zoning District Continued Public Hearing to February 21, 2013 B. Public Hearing: PP 12-019 Rushmore by Tealey's Land Surveying Located South of W. Pine Avenue and West of W. Broadway Avenue Request: Preliminary Plat Approval of Three (3) Buildable Lots and Two (2) Common Lots on 2.17 Acres in an Existing R-15 Zone Continued Public Hearing to February 21, 2013 C. Request for Approval to Create/Change New Development Application Forms/Checklists by City of Meridian Community Development Department Planning Division Approved Meridian Planning and Zoning Commission Meeting Agenda -Thursday, February 07, 2013Page 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. D. Pulled from Consent Agenda Item 3B Findings of Fact and Conclusions of Law for Approval: CUP 12-021 Heron Village by Alliance Management Consultants Located at 2250 N. Meridian Road Request: Conditional Use Permit fora Multi-Family Development Consisting of 110 Dwelling Units on 5.5 Acres in the R-40 and C-G Zoning Districts -Approved Meeting adjourned at 7:23 p.m. Meridian Planning and Zoning Commission Meeting Agenda -Thursday, February 07, 2013Page 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 Commission February 7, 2013 Meeting of the Meridian Planning and Zoning Commission of February 7, 2013, was called to order at 7:00 p.m. by Chairman Steven Yearsley. Present: Chairman Scott Freeman, Commissioner Steven Yearsley, Commissioner Michael Rohm, Commissioner Tom O'Brien and Commissioner Joe Marshall. Others Present: Machelle Hill, Ted Baird, Caleb Hood, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Scott Freeman X Tom O'Brien X Michael Rohm X Joe Marshall X Steven Yearsley -Chairman Yearsley: Good evening, gentlemen. At this time we would like to call to order the regularly scheduled meeting for the Meridian Planning and Zoning Commission, dated February 7th, 2013. Let's begin with roll call. Item 2: Adoption of the Agenda. Yearsley: Thank you. The first thing we have we have to do is adopt the agenda. One thing information that we got yesterday, I would Conclusions of Law of approval of CUP 12-021, D. And with that can I get a motion? on the agenda today is our -- first thing I would like to do today is given the new like to pull the Findings of Fact and Heron Village, and put it as Action Item Marshall: So moved. Rohm: Second. Yearsley: I have a move and a second. All in favor? Motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda A. Approve Minutes of January 17, 2013 Planning and Zoning Commission Meeting Minutes Yearsley: Got to get used to this. The next on the agenda is the Consent Agenda. We have one item on the Consent Agenda and that is the approval of the meeting minutes for January 17th, 2013, Planning and Zoning Commission meeting. Any comments or Meridian Planning & Zoning Commission February 7, 2013 Page 2 of 9 changes? Rohm: I have none. Yearsley: With that we will stand for a motion. Rohm: I move we accept the Consent Agenda. Freeman: Second. Yearsley: I got a motion and a second. All in favor say aye. Motion carries. MOTION CARRIED: ALL AYES. Item 4: Action Items A. Public Hearing: CUP 12-014 Rushmore by Tealey's Land Surveying Located South of W. Pine Avenue and West of W. Broadway Avenue Request: Conditional Use Permit Approval for aMulti-Family Development Consisting of Three (3) 8-Plez Structures (24 Dwelling Units) in a Proposed R-15 Zoning District B. Public Hearing: PP 12-019 Rushmore by Tealey's Land Surveying Located South of W. Pine Avenue and West of W. Broadway Avenue Request: Preliminary Plat Approval of Three (3) Buildable Lots and Two (2) Common Lots on 2.17 Acres in an Existing R-15 Zone Yearsley: All right. Okay. For Items No. -- public hearing CUP 12-00 -- let me start over. For our public hearing for CUP 12-014, Rushmore, and public hearing for PP 12-019, we are going to open this meeting for the sole purpose of continuing this meeting to our -- what's -- Hood: Mr. Chair. They have requested February 21st, your next meeting. Yearsley: Okay. For our February 21st meeting. And with that I can get a motion to continue that. Rohm: So moved. O'Brien: Second. Yearsley: Do I have a second? Marshall: Tom said second. I was trying to second. Meridian Planning & Zoning Commission February 7, 2013 Page 3 of 9 Yearsley: All right. So, we have got a motion and a second to continue the public hearing for CUP 12-014 and PP 12-019, Rushmore, by Tealey Land Surveying to February 21st. All in favor say aye. Motion carries. MOTION CARRIED: ALL AYES. C. Request for Approval to Create/Change New Development Application Forms/Checklists by City of Meridian Community Development Department Planning Division Yearsley: The next item on the agenda is the request for approval to create -- change new development application forms by the City of Meridian. And we will start with Caleb. Hood: Thank you, Mr. Chair, Members of the Commission. I will try to make this brief, but a little bit of background on why we are requesting changes to multiple checklists. We have a new database, it's called Accella -- is the maker of this automated system for development tracking and one of the problems we have run into with this new database is parcel numbers and addressing not matching up with what applicants may tell us is the parcel number or address, but it doesn't match our GIS system and addressing. So, what we would like to do is get parcel verification or address verification done earlier in the process, that way when we put it in the system it's correct the first time and everyone is using that same information through the life of a project, not using the parcel number that an applicant gives us. We are giving it a good identification -- because this identification is paramount, it's built on everybody reviewing these projects. So, just a little bit of background on why we are requesting this, but this request is that we add that parcel -- a parcel verification form from Teri Ricks in our addressing department here in Community Development, that they submit that and as part of a development application submittal they get something from Teri saying, yes, in fact, we verify your parcel number or, no, what you had is not wrong, please, use this -- or not right, please, use this one. So, it shouldn't be too much more work for applicants, but, really, in the long run will help everybody out, at least on the city side. So, that's our request tonight is that we add it to multiple applications that this parcel verification form be added to the checklist. So, with that I will stand for any questions. Yearsley: Is there any questions? Freeman: Sounds pretty straight forward. Rohm: Makes sense. Yearsley: Okay. So, with that I need a motion for approval or -- Marshall: Do we need to take -- ask for any public testimony on that? Meridian Planning & Zoning Commission February 7, 2013 Page 4 of 9 Yearsley: Or do we -- sorry. Do we -- Hood: I will note this is not a public hearing. Certainly if Ralph wants to testify we can certainly get his testimony, but it is not a noticed public hearing. Our ordinance just requires it be on an agenda at a noticed meeting. So, if you want to open it up, that's fine, but you don't have to. Yearsley: Okay. Marshall: Mr. Chair, since it appears that we have only one member in the audience tonight who is shaking his head no that he does not want to testify on this, it would -- I would like to make a motion that we approve the city checklist -- did I have a number on that? Yearsley: I didn't have a number. Marshall: That we approve this request by the Planning Department. O'Brien: Second. Yearsley: Okay. I have a motion and a second to approve the request for -- to modify -- for the new development -- for the new development application form checklist. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. D. Pulled from Consent Agenda Item 3B Findings of Fact and Conclusions of Law for Approval: CUP 12-021 Heron Village by Alliance Management Consultants Located at 2250 N. Meridian Road Request: Conditional Use Permit for aMulti-Family Development Consisting of 110 Dwelling Units on 5.5 Acres in the R-40 and C-G Zoning Districts Yearsley: Thank you. The next item on the agenda is the Finding of Facts and Conclusion of Law of CUP 12-021, Heron Village. I'm assuming you all got the a-mail yesterday from Sonya saying that there was another gentleman that had submitted a letter of comment that didn't get onto the agenda for the public hearing. I wanted to basically bring it up to you to see if his comment would sway your approval or your comments to this. If it does, then, what we would do is we would have to reopen this -- or renotice this as a -- this application and rehear it as to my understanding and, then, if not, then, we can go ahead and approve it. Is that -- Baird: Mr. Chair, Members of the Commission, I think an additional inquiry would be were the individual commissioners aware of its presence in the record. The way it got in there was a little bit of a snafu. It was a direct a-mail from a concerned citizen to the applicant. The text is of a nature of what would normally go to the clerk and be included Meridian Planning & Zoning Commission February 7, 2013 Page 5 of 9 in your packet as part of the record. In fact, it was part of the record to the applicant's packet -- applicant presentation, so we are not sure you folks saw it. So, it's a little .bit of an anomaly, it's a no harm, no foul type thing, it's not really Bob Unger's fault, because he had it and he included it, he didn't try to hide it, it just wasn't where you would normally expect to see it, so we are not sure that you had a chance to deliberate on it. If you do choose to send it back for a new hearing the city would more than likely pick up the cost of renoticing, because it's -- like I said, it's a no harm, no foul situation. might ask if Caleb has got any additional information from the Planning Department to go along with my comments. Hood: I do not. That's good. Freeman: Mr. Chair, I have a question of legal on this. I for one did not review the letter. I didn't see it until now. My understanding is there is two parts to this. If we didn't review it -- this letter says if we didn't review it and the Commission determines the issue warrants further discussion, then, we may have to renotice it. From my personal standpoint, looking at the issue and seeing that that building has been -- that the distance between it and the property has been essentially doubled and the owner of the property is well within his rights to construct a three story building there, I don't think it warrants any further discussion on my part, but I guess the question is is this atwo- part question. Number one, did we read it. My answer is no. Number two, does it warrant further discussion. In my opinion, no. But that's for the rest of the Commission to decide if I'm correct. Yearsley: And I'm assuming we want everyone to respond on that question -- those two questions; is that correct? Baird: That's correct. Yearsley: Okay. Commissioner O'Brien. Commissioner O'Brien, do you want to -- O'Brien: Yeah. My take is when -- his concern was when they moved in there it wasn't zoned for high density and I think if a homeowner goes in and sees that, okay, it's -- the possibility does not exist at that time that they are going to build apartment complexes three stories high within, what, 50 feet of their property? I can see that concern and would be -- I don't know. I would be kind of hard pressed to -- to understand where that line is crossed where it would require us to have more discussion on that. I'm kind of swayed in favor of his issue of trying to lower the -- that one particular section to two stories, instead of three, but, again, I'd like to hear what other concerns the other Commissioners have on that. But I'm kind of -- I haven't decided yet on exactly where to go. Marshall: Mr. Chair, if I could. Yearsley: Commissioner Marshall. Meridian Planning & Zoning Commission February 7, 2013 Page 6 of 9 Marshall: Well, concerning if, with the very first revision, it was within 50 feet, I have to agree this would have swayed me pretty hard, but concerning the fact that that building is now 160 feet away, no longer 50 foot, and there are carports between the building and the houses, as well as the road, I'm not sure -- I really do not believe that would have swayed me that -- you know, given that there is green space with plantings and the road and the carports, then, the building, which is different than what he was responding to. He was responding to the first original version that put that building within 50 foot of his home. It's now 160 feet away, with considerable more things in between. So, in that case, no, it probably would not have swayed me. And, no, I did not see it in the pack. I missed it somehow. I thought I was reading pretty thoroughly, but I caught it and not understood exactly what -- who it was from and how it placed in there. I'm sorry for the issue and sorry for the inconvenience. I would have liked to have addressed it at that time, but my feeling is, no, I would not have changed my mind. Yearsley: Thank you very much. Commissioner Rohm. Rohm: I think that it's always good to have a full docket of information available to us prior to making a decision, but like Commissioner Marshall just stated, that his concerns were submitted in association with the building being 50 feet away, not the 160, and given the distance that the new proposal has before us, I'm pretty sure that I would have, you know, taken into consideration his letter, but would have ultimately gone the same route that we did in the findings at the last hearing. So, I don't think that it warrants renoticing and -- and going through this process again. Yearsley: Thank you very much. I have one --one question for -- I don't know if, Caleb, if you can answer that for me. This wasn't a rezone when they came into this, it was already zoned prior to this application being submitted; correct? Hood: Mr. Chair, that is correct. Yearsley: So, the rezone is not an issue, it's just the distance from, you know, the two story versus three story is -- is what I see. Hood: Correct. Mr. Brower or Brower, or however you say his name, did make reference to it not being zoned R-40 when he moved in there, but what you acted on two weeks ago was not requested for the rezone. It has been R-40 since I think sometime in the '80s. It's been a long time that that property has been zoned for high density residential. So, that was not part of your action. It was just a conditional use permit for the multi-family development. Yearsley: Okay. And that was my recollection as well, so I wanted to just clarify that before I moved forward. My opinion is is I did not see the -- the letter itself or the a-mail as well. However, you know, the -- like everyone else has said, the building has been moved back significantly and it's also been turned, so the profile that you're actually going to see is even reduced even more and so I don't think that that would have -- Meridian Planning & Zoning Commission February 7, 2013 Page 7 of 9 Marshall: I'm wondering, because I'm looking at the -- I'm sorry -- the original plans -- and lapologize for interrupting. Yearsley: Absolutely. Marshall: The only thing I see on the original plan that was in the 50 feet is the furthest back building, which changed from a larger building to a 12-plex -- Yearsley: Are you talking this back building? Marshall: That's the only thing I can see that is in 50 foot -- Yearsley: Well, this one next to Blue Heron was a two story, I believe, wasn't it? Oh, no, that's -- Marshall: You're talking at the north? Yearsley: At the north end. Yeah. Marshall: Okay. But that's against the street there as well. Hood: And, if I can, that's my understanding from Sonya, that is the -- the building. The most northwestern most building is the one he has the greatest concern about, because he lives across Meridian Road somewhere in that general vicinity of Blue Heron and Meridian Road. So, that -- that one was the -- and it has turned 90 degrees and moved back, what, a hundred feet or whatever the -- Yearsley: And the carports. So, based on those two -- two things, I don't think I would have changed my -- my findings based on that information. So -- Commissioner O'Brien. O'Brien: Well, yeah, with that information I have to agree with you. I would have said the same thing. It's -- now that I see this revised version I agree I would have said no also. Yearsley: Okay. Rohm: Mr. Chairman? Yearsley: Yes. Rohm: I move that we approve the Findings of Fact and Conclusions of Law for approval of CUP 12-021, Heron Village, by Alliance Management Consultants. Marshall: I will second that. Meridian Planning & Zoning Commission February 7, 2013 Page 8 of 9 Yearsley: I have a motion and a second to approve the Findings of Facts and Conclusion of Law of approval, CUP 12-021, Heron Village. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Yearsley: So, I think with that -- two items I believe. One is this is Commissioner O'Brien's last time. I would like to thank you for your long service of this and appreciate all the work that you have put in on the Planning and Zoning Commission and just give you aheart-felt thank you. O'Brien: You're welcome. It's been a great learning experience and a fun time. I mean I really enjoyed this. I think my -- my tenure of volunteering in things in my lifetime has come to a close. I have volunteered for so many different things over the years that as I'm getting up to pushing 70 here pretty quick that it's time for me to do other things. So, yeah, this has been agreat -- great experience and I appreciate all of the help and support I got over the years from everybody. Yearsley: Well, thank you. Any other comments before we -- Rohm: I would, too, like to say a few things. Commissioner O'Brien, I was part of the group that brought you on board and I would have to say that you have been a very valued asset to the Commission and you have offered up a number of opinions that have not been shared by myself, but, quite honestly, they have opened my eyes to a different way of seeing things that is beneficial and I think that's exactly what a commission is all about is seeing differing opinions and come up with a conclusion that is most beneficial to the community has a whole and I think that you have brought that to the commission and I thank you for that. O'Brien: I appreciate that very much. Thank you. Yearsley: So, with that I have one more motion. O'Brien: Mr. Chair? Yearsley: Yes. O'Brien: I move that we adjourn. Rohm: Second. Yearsley: I have a motion and a second to adjourn. All in favor say aye. Motion carries. MOTION CARRIED: ALL AYES. Meridian Planning & Zoning Commission February 7, 2013 Page 9 of 9 Rohm: We are adjourned. Thank you very much. MEETING ADJOURNED AT 7:23 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED STEVEN YEARSLEY - AI ATTEST: JAYCEE HOLMAN, CITY CLERK ~I ~ ~ 1~3 DATE APPROVED /~pItATBD q LCG ~~ ~.p l• c,~y ~ '~ ~ - - 1L a ~e.._ ~r68o, ~~ ° PAY E7ALSU~~' v ~~~W~ Meridian Planning Zoning Commission Meeting DATE: February 7, 203 ITEM NUMBER: 3A PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 17, 2013 PZ Meeting MEETING NOTES fmP~`~ v,~~ ~ sF So CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: February 7, 2013 ITEM NUMBER: 3B PROJECT NUMBER: CUP 12-021 ITEM TITLE: Heron Village FFCL for Approval: Conditional Use Permit for amulti-family development consisting of 110 dwelling units on 5.5 acres in the R-40 zoning districts by Alliance Management Consultants - 2250 N. Meridian Road MEETING NOTES I~'!ou-eon -f-o ~~m `~D-dam C°an~`~~ Vv1,rc. ~ ~t-m s-o CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ V ~ Meridian Planning Zoning Commission Meeting DATE: February 7, 2013 ITEM NUMBER: 4A PROJECT NUMBER: CUP 12-014 ITEM TITLE: Rushmore Public Hearing: Conditional Use Permit approval for amulti-family development consisting of (3) 8-plex structures (24 dwelling units) in a proposed R-15 zoning district by Tealey's Land Surveying - s/o W. Pine Avenue and w/o W. Broadway Avenue MEETING NOTES ~b ~1 n 1.c.e ~~ ~ --~ o~ -~-1- 13 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: February 7, 203 ITEM NUMBER: 46 PROJECT NUMBER: PP 12-019 ITEM TITLE: Rushmore Public Hearing: Preliminary Plat approvla of three buildable lots and two common lots on 2.17 acres in an existing R-15 zone by Tealey's Land Surveying - s/o W. Pine Avenue and w/o W. Broadway Avenue MEETING NOTES C~r~-ih~,,~ ~~N -I-n a-d~-~3 ~ni,~ 5-~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Planning Zoning Commission Meeting DATE: February 7, 2013 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: Request for approval to create/change new Development Application forms/checklists -parcel verification by Community Development Planning Division MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • Mayor Tammy de Weerd ,f City Council Members: E IDIAN~ Keith Bird ~ Brad Hoaglun Charles Rountree A ~"~ ~ David Zaremba MEMORANDUM TO: Planning and Zoning Commission FROM: Kristy Vigil, Assistant Planner RE: Request for approval to create/change new Development Application Forms/Checklists DATE: On Commission Agenda February 7, 2012 CC: City Clerk, Legal Department Per UDC 11-SA-3B2, the Planning Department is requesting approval from the Planning & Zoning Commission to create/change a new specific development application forms (checklists), as follows: • Change multiple checklists to require parcel verification (see attached) for development applications. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 . www.meridiancity.org Reguestor Meridian Building Services Parcel Verification Request Name Phone Address Email Fax Please check the appropriate box(s) below and submit the required information to communitydevelopmeni(a)meridiancity.orQ Please allow one business day for reply. Type of Anglication(s) ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Conditional Use Permit ^ Conditional Use Permit Modification ^ Conditional Use Permit Minor Modification ^ Development Agreement Modification ^ Final Plat ^ Final Plat Modification ^ Planned Unit Development ^ Preliminary Plat ^ Property Boundary Adjustment ^ Rezone ^ Short plat ^ Time Extension (Commission or Council) ^ Time Extension (Director) ^ Vacation (Council) ^ Variance ^ Other Required Information: Project Name Parcel Number(s) Vicinity Map -highlight subject parcels and include adjacent street name(s) 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org