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2014 06-05Meridian Planning and Zoning Commission June 5, 2014 Meeting of the Meridian Planning and Zoning Commission of June 5, 2014, was called to order at 6:00 p.m. by Chairman Joe Marshall. Present: Chairman Joe Marshall, Commissioner Patrick Oliver, Commissioner Steven Yearsley and Commissioner Macy Miller. Members Absent: Commissioner Scott Freeman. Others Present: Machelle Hill, Ted Baird, Justin Lucas, Sonya Watters and Dean Willis. Item 1: Roll -Call Attendance: Roll -call Scott Freeman _X_ Macy Miller X Patrick Oliver X Steven Yearsley X Joe Marshall - Chairman Marshall: Good evening, ladies and gentlemen. I'd like to welcome you to the regularly scheduled meeting of the Planning and Zoning Commission for Thursday, June 5th, 2014, and I'd like to ask for the roll call. Item 2: Adoption of the Agenda Marshall: All right. So, first thing on the agenda is the adoption of the agenda and I do not have any changes at this time, other than to clarify that AZ 14-006 and CUP 14-003 will be requesting a continuance. So, could I get a motion -- unless there is any comments could I get a motion to adopt the agenda? Yearsley: So moved. Miller: I second that. Marshall: I have a motion and a second to adopt the agenda as written. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 3: Consent Agenda A. Approve Minutes of May 15, 2014 Planning and Zoning Commission Meeting Meridian Planning & Zoning Commission June 5, 2014 Page 2 of 6 B. Findings of Fact and Conclusions of Law for Approval: CUP 14-004 Knighthill Center Drive -Through by Renny Wylie Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Conditional Use Permit for a Drive - Through Establishment Within 300 Feet of a Residential District in a C -G Zoning District Marshall: Next on the agenda is the Consent Agenda. I have two items, the minutes for May 15th, 2014, and the Findings of Fact and Conclusions of Law for approval of CUP 14-004. Commissioners, any comments, changes, thoughts? No? All right. Seeing none, I would ask for a motion to approve the Consent Agenda as it is. Miller: So moved. Yearsley: Second. Marshall: I have a motion and a second to approve the Consent Agenda for tonight. All those in favor say aye. Opposed? That motion also carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: Now that we are at the Action Items, to explain for a minute, I will first open each item and those items that are in -- that are coordinated will be open at the same time. Ask for the staff report. Staff will give the full report as the city sees it and, then, will ask for the applicant's information on that and allow them an opportunity to speak to it. I will, then, ask for anyone wanting to speak to that. They will receive three minutes each. And, then, the applicant will have an opportunity to readdress any issues that might come up during the public hearing, at which time we will close the public hearing, deliberate, and render a decision. Item 4: Action Items A. Public Hearing: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District B. Public Hearing: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District Marshall: So, with that said, I would like to open the public hearing for AZ 14-006 and CUP 14-003, Victory Middle School, and this for the purpose of continuing to the -- request for continuance to July 17th, 2014. Staff, any comments before I request the applicant? Meridian Planning & Zoning Commission June 5, 2014 Page 3 of 6 Watters: There is no comments and the applicant isn't here. Marshall: And so the applicant's not here to address this, so -- Lucas: Mr. Chair, Members of the Commission, just to clarify. Typically we do like the applicant to be here to speak to the continuance. In this specific instance ACHD is actually the organization requesting this project be continued. The applicant did concur with that and we have talked to them. They were not able to be here tonight, but staff doesn't see any reason why we shouldn't go ahead and continue this item and we think it's a positive thing for ACHD and the school district to be talking about these items. So, we are in full support of the continuance. Marshall: Thank you very much. So, Commissioners, any thoughts or comments? No? Well, at this time, then, I would like to recommend a motion to continue. Yearsley: Mr. Chairman? At this time I would like to recommend that we continue the public hearings on AZ 14-006 and CUP 14-003 to the regularly scheduled Planning and Zoning meeting of July 17th, 2014. Miller: I second that. Marshall: I have a motion and a second. All those in favor say aye. Opposed? And that will be continued to July 17th. Thank you. MOTION CARRIED: FOUR AYES. ONE ABSENT. C. Public Hearing: AZ 14-007 Sugarman Subdivision by George Sugarman Located 1450 W. Ustick Road Request: Annexation and Zoning of 5.04 Acres of Land with a C -C Zoning District Marshall: All right. Now we have the public hearing for AZ 14-007, Sugarman Subdivision by George Sugarman and I'd like to ask for the staff report. Watters: Thank you, Chairman, Members of the Commission. The first application before you is a request for annexation and zoning. This annexation area consists of 5.04 acres of land. It's currently zoned RUT in Ada County and is located at 1450 West Ustick Road at the northeast corner of North Linder and West Ustick Roads. Adjacent land use and zoning. To the north is rural residential, agricultural property zoned R-1 in Ada County. To the east is agricultural property zoned RUT in Ada County. To the south is rural residential, agricultural property, zoned RUT in Ada County and to the west is North Linder Road and vacant undeveloped land, zoned C -C. The applicant requests annexation and zoning of 5.04 acres of land with a C -C zoning district, consistent with the mixed use community land use designation shown on the future land use map for this site. A conceptual development plan is proposed that depicts a 3,600 square foot gas station right on the corner. A 12,500 square foot retail commercial Meridian Planning & Zoning Commission June 5, 2014 Page 4 of 6 multi -tenant building there in the middle and a 5,000 square foot bank with a drive-thru on the east side of the site. Because the drive-thru is depicted at the east boundary adjacent to property that is designated for residential use in the future staff recommends the concept plan is revised to relocate the drive-thru internally within the site. Access is depicted on the concept plan via Linder and Ustick Roads, with a right -in, right -out on Linder Road recommended by staff and cross -access to the north. A short plat is also proposed consisting of four building lots, which will go before the Council for approval. This does not require Commission action. Only the annexation is before you tonight. Written testimony was received from the applicant's representative Laren Bailey. He did have a couple comments on the staff report. I will let him address those. Staff is recommending approval with conditions and a development agreement. Staff will stand for any questions Commission may have. Marshall: Commissioners, any questions for staff? No? So, at this time I'd like to ask the applicant to, please, come up and I'm going to ask you to state your name and address for the record, please. Thank you. Marshall: Commissioners, my name is Laren Bailey. I'm with LEI Engineers and Surveyors. Our address is 3223 East Copperpoint Drive, Meridian, Idaho. 83642. Thank you for hearing our application tonight. Really, the only comment I have is just this is a concept plan. It's just that. It was just to show, you know, what could go there, more space planning than -- than any particular uses that we have planned for the site. My client wants to subdivide it so he can offer these properties for sale and, then, obviously, at the time we have a sale a building permit would come in and you would have -- so you would have the opportunity to address things like the drive-thru location and those matters. And with that I will still stand for questions. Marshall: Commissioners, any questions of the applicant? Yearsley: Mr. Chairman? So, at this point in time there is no potential buildings with this, you just have a proposed layout of the facility? Bailey: Yeah. More to show -- like I said, this shows space planning and what size facilities might fit there and parking -- Yearsley: Okay. Bailey: -- more so than if there is any real plan for any of these locations. Yearsley: Okay. Thank you. Marshall: Commission, no other questions? All right. Thank you, sir. Bailey: Thank you. Meridian Planning & Zoning Commission June 5, 2014 Page 5 of 6 Marshall: So, I have Laren Bailey -- obviously just signed up. Is there anyone else who would like to speak to this application? No? All right. So, I guess there is no public testimony to redress and, Commissioners, maybe we can close the public hearing. Miller: I move we close the public hearing. Yearsley: Second. Marshall: I have a motion and a second to close the public hearing on CUP -- or on AZ 14-007. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: All right. So, I'm going to quickly make a couple thoughts. Typically -- this is a concept plan. Typically we request those concept plans so we have some idea of -- with the thoughts that they may go forward and seeing the concept plan is just that, a concept plan, and as people want to purchase the land and develop it, it does change over time. So, we appreciate the concept -- I personally appreciate the concept plan and knowing that it is just that, a concept. So, as far as I'm concerned I am in favor of the AZ, so -- and I think C -C is appropriate on that corner. And, Commissioners, any comments? Yearsley: No, I -- Marshall: Commissioner Yearsley. Yearsley: Mr. Chairman, I agree. I think it's -- it's nice to have that concept plan to see what's kind of going on or what could go on and I don't see an issue with this facility -- or the annexation of this property. Miller: Mr. Chair, I tend to agree. I think the annexation is appropriate and the zoning is appropriate as far as I'm concerned. Marshall: Commissioner Oliver, any comments? Oliver: I agree. I don't see any problem with it. Marshall: All right. So, I guess I'm looking for a motion. Miller: Mr. Chair? Marshall: Yes. Commissioner Miller. Miller: After -- after the applicant and lack of public testimony, I move to recommend approval to the City Council of file number AZ 14-007 as presented in the staff report for the hearing date of June 5th, 2014, with no modifications. Meridian Planning & Zoning Commission June 5, 2014 Page 6 of 6 Yearsley: I will second that. Marshall: I have a motion and a second to approve -- and recommend approval to City Council of AZ 14-007. All those in favor say aye. Opposed? That motion carries unanimously. MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: And at this time, Commissioners, I have one more motion. Yearsley: Mr. Chairman, I move that we adjourn. Marshall: Thank you, Commissioner Yearsley. Miller: I second that. Marshall: Commissioner Miller. All right. We have a motion and a second to adjourn the meeting. All those in favor say aye. Opposed? MOTION CARRIED: FOUR AYES. ONE ABSENT. Marshall: We are adjourned. MEETING ADJOURNED AT 6:13 P.M. 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